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?'C 


CONTESTED-ELECTION CASE 


JAMES I. CAMPBELL 

V. 

ROBERT L. DOUGHTON 


FROM THE 

EIGHTH CONGRESSIONAL DISTRICT 
OF NORTH CAROLINA 




WASHINGTON 

GOVERNMENT PRINTING OFFICE 
1921 % 



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CONTESTED ELECTION CASE 


OF 

JAMES l/CAMPBELL v. EOBEET L DOUGHTON. 

FROM THE 

EIGHTH CONGRESSIONAL DISTRICT OF NORTH CAROLINA. 


NOTICE OF CONTEST. 

Hon. Robert L. Doughton, 

House of Representatives, Washington, D. C., or 

Laurel Springs, N. C.: 

You will take notice that it is the intention of the undersigned contestant, 
James I. Campbell, to contest your title to the seat in the Sixty-seventh Con¬ 
gress of the United States from the eighth congressional district of North 
Carolina, on the following grounds and upon the matters contained in the fol¬ 
lowing statement of facts, to wit: 

I. 

The contestant, James I. Campbell, is a citizen of the United States of 
America and of the State of North Carolina, and is an inhabitant and resident 
of the county of Stanly and of the town of Norwood; is 46 years old; and at 
the time of the election held in the eighth congressional district of North Caro¬ 
lina, comprising the counties of Alexander, Alleghany, Ashe, Cabarrus, Cald¬ 
well, Iredell, Rowan, Stanly, and Watauga, on Tuesday, the 2d day of Novem¬ 
ber, A. D. 1920, was the' Republican candidate for Representative in the Con¬ 
gress of the United States from the eighth congressional district; that the 
contestee, Robert L. Doughton, was the candidate of the Democratic Party at 
said election for reelection to a seat in the Sixth-seventh Congress of the 
United States from said district, there being no other candidates for Repre¬ 
sentative from said district; that as a result of said election, the State board 
of canvassers of said State, composed of the governor thereof and four mem¬ 
bers of the State board of elections, did, on the 29th day of November, A. D. 
1920, unlawfully, and without authority of law, and contrary to the result 
of the said election, held as aforesaid, declared the contestee, Robert L. Dough¬ 
ton, elected as Representative in the Congress from the eighth district of 
North Carolina for the term commencing on the 4th day of March, A. D. 1921, 
and ending on the 4th day of March, 1923, the said State board of canvassers 
unlawfully declaring that the contestant, James I. Campbell, and the contestee, 
Robert L. Doughton, had received the following vote, to wit: Alexander County, 
James I. Campbell, 2.613; Robert L. Doughton, 2,052; Alleghany County, 
James I. Campbell, 1,115; Robert L. Doughton, 1,4.55; Ashe County, James 
I. Campbell, 3,686; Robert L. Doughton, 3,642; Cabarrus County, .Tames I. 
Campbell, 5,178; Robert L. Doughton, 4,380; Caldwell County, .Tames I. Camp¬ 
bell, 3,135; Robert L. Doughton, 3,015; Iredell County, James I. Campbell, 
4,378; Robert L. Doughton, 6,483; Rowan County, James I. Campbell, 4,515; 
Robert L. Doughton, 6,283; Stanly County, .Tames I. Campbell, 4,279; Robert 
Iv. Doughton, 3,836; Watauga County, James I. Campbell, 2,5.57; Robert L. 
Doughton, 1,788, giving a pretended total vote for the contestant, James I. 

3 



4 


CAMPBELL VS. DOUGHTON. 


Campbell, of 31,456, and a pretended total vote for the contestee Robert L. 
Doughton, of 32,934, thereby giving the said contestee, Robert L. Doughton 
a pretended majority of 1,478 votes, whereas the vote in the said counties of 
the congressional district aforesaid was as follows: Alexander County, James 
I. Campbell, 2,613, or more; Robert L. Doughton, 2,052, or less; Alleghany 
County, James I. Campbell, 1,115, or more; Robert L. Doughton, l,45o or less; 
Ashe County, James I. Campbell, 3,686, or more; Robert L. Doughton, 3,042, 
or less; Cabarrus County, James I. Campbell, 5,178, or more; Robert L. Dough¬ 
ton, 4,380, or less; Caldwell County, James I. Campbell, 3,435, or more; Robert 
L. Doughton, 2,815, or less; Iredell County, James I. Campbell, 4,478, or 5 
Robert L. Doughton, 5,483, or less; Rowan County, James I. Campbell, 5,310, 
or more; Robert L. Doughton, 5,083, or less; Stanly County, James I. Canp- 
bell, 4,679, or more; Robert L. Doughton, 3,636, or less; Watauga County, 
James I. Campbell, 2,557, or more; Robert L. Doughton, 1,788 or less, thei^eby 
electing the said James I. Campbell, contestant, by a majority of at least 2,7^2, 
w’hich said vote the said State board of canvassers should have duly counted, 
declared, and proclaimed, entitling the said James I. Campbell to a certihcate 
of election as a Representative in Congress from the eighth congressional dis¬ 
trict of North Carolina for a term of two years from the 4th day of March, 1921. 

GENERAL CHARGES OF HIREGULARITIES AND VIOLATIONS OF LAW. 


II. 

Intimidation .—That at the said election held as aforesaid numerous and vari¬ 
ous methods of intimidation were practiced by the friends, partisans, and 
adherents of the contestee, Robert L, Doughton, among which are the following: 
That at the State convention of the Republican Party in the said State of North 
Carolina, at its several congressional conventions, as well as at its various 
county and minor conventions, the express and declared policy of the said party 
in North Carolina in relation to colored voters in said State was that, notwith¬ 
standing colored voters are under the constitution and laws of said State, when 
possessing the constitutional and statutory qualifications, to wit, being citizens 
of the United States and of the State of North Carolina, 21 years old, resident 
two years in the State of North Carolina, in the county six months, and in the 
precinct or other election district four months, with their poll taxes for the 
year 1919 paid on or before the 1st day of May, 1920, and able to read and write 
any section of the constitution of the State in the English language, legally 
qualified to vote, to discourage voting by said colored voters, or any participancy 
by them in political matters because of the friction existing between the two 
races, it being the steadfast and uniform policy of the Republican Party so to 
counsel said colored voters not to take any active part whatever in politics, in 
the interest of the peace and tranquility of the State, yet the friends, partisans, 
and adherents of the contestee, Robert L. Doughton, through their speakers, 
campaign managers, press, circulars, and other means of expression and com¬ 
munication, did do all in their power to arouse antagonism between the said 
two races, falsely alleging that it was the purpose of the Republican Party, 
should it come into power in the State and in the Nation, to bring about domina¬ 
tion of the white race by the colored race in said vState; that said campaign 
orators, speakers, managers, press, circulars, pamphlets, and other means of 
communication and expression did constantly declare and proclaim that should 
the Republican Party come into power in the State or in the Nation the people 
of the State would be subjected to mixed schools or schools composed of both, 
races attending the same institutions. 

That the various offices of the State would be filled with colored officeholders, 
to the exclusion of white officeholders; that hideous pictures, cartoons, and false 
pictorial representations of Senator Warren G. Harding, Republican candidate 
for the Presidency, in the midst of a group of Negroes, were scattered broadcast 
throughout said district and were printed and reproduced in the press of said 
district and posted in sundry and divers public places, and particularly at the 
various voting places, attention thereto being called by the registrars and poll 
holders who were friends, partisans, and adherents of the contestee, Robert L. 
Doughton, the same being everywhere used for the purpose of intimidating 
voters, particularly women voters, and preventing them from registering and 
voting the Republican ticket, and particularly from voting for the contestant, 
James I. Campbell, copy hereto attached marked “ Exhibit B ”; that in numer¬ 
ous places said cartoon and pictorial illustration was conspicuously posted, 


CAMPBELL VS. DOUGHTON. 


5 


displayed, and shown at and about the particular place where the voters were 
used to be assemhlinji: their ballots and preparing them for voting; that said 
cartoon and pictorial illustration as aforesaid did, in sundry and divers places, 
cause rows, fusses, and threaten affrays, greatly to the disturbance of the public 
peace and tranquility and to the intimidation of voters, thereby preventing large 
numbers from voting the Kepul)lican ticket, and particularly from voting for 
the contestant, James I. Campbell; that at one precinct in the county of Iredell, 
to wit, in New Hope precinct, the boxes containing the ofiicial ballots forwarded 
to such places, sent out by the county board of elections, the members of said 
board being friends, partisans, and adherents of the contestee, Robert L. 
Doughton, contained also the said cartoon and pictorial illustration of Senator 
Harding in the midst of a group of Negroes, as before described, greatly to the 
intimidation of voters, preventing large numl)ers from voting the Republican 
ticket, and particularly from voting for the contestant, James I, Campbell. 

That on Sunday, October Jl, 1920, two days before said election, the Raleigh 
, News and Observer, a newspaper of the party to which the said contestee, Robert 
L. Doughton belongs, and a newspaper of large and general circulation, owned, 
edited, and published by the Hon. Josephus Daniels. Secretary of the Navy, a 
friend, partisan, and adherent of the contestee, Robert L. Doughton, contained 
the said cartoon and pictorial illustration of Senator Warren O. Harding, Re¬ 
publican candidate for the Presidency, in the midst of a group of Negroes; that 
a certain false, spurious, and scandalous circular, a copy of which is hereto at¬ 
tached and marked “ Exhibit A,” entitled “A chnllenge to white men and women 
of North Carolina.” of unknown origin and authorship for which neither the 
contestant, James I. Campbell, nor anyone for or on his behalf, nor the Repub¬ 
lican Party management of the State, nor anyone for or on its behalf, had any 
knowledge or responsibility whatever, was circulated broadcast throughout said 
district, particularly among women voters, Iniving for its purport an effort to 
show that the colored women of North Carolina were organizing and banding 
themselves together preparatory to casting their votes at the polls on Novem¬ 
ber 2, and thereby threaten white control of public affairs in said State, greatly 
to the alarm and intimidation of a large number of voters in said district, par¬ 
ticularly women, by which said circular a large number of voters were intimi¬ 
dated and alarmed, so as not to attend the polls and cast their ballots for the 
Republican Party, and particularly for the contestant, James I. Campbell, by 
means of which said circular the said contestant, James I. Campbell, suffered 
the loss of a large number of votes at said election. 

That said circular was distributed throughout said district by persons who 
were the friends, partisans, and adherents of the contestee, Robert L. Doughton, 
greatly to the detriment and prejudice of the Republican voters of said district, 
preventing many of them from voting the Republican ticket, and particularly 
from voting for*the contestant, James I. Campbell: that, notably in the county 
of Iredell, the said circular was largely distributed by one John G. Lewis, chair¬ 
man of the county board of elections of said county, a friend, partisan, and 
adherent of the contestee, Robert L. Doughton: that said false, spurious, and 
scandalous circular was printed in the Charlotte Daily Observer, a paper of wide 
circulation throughout said congressional district, and by it, the said paper, 
given wide currency and general circulation, having for its purpose the preven¬ 
tion of large numbers of persons from voting the Republican ticket, and particu¬ 
larly from voting for the contestant. James I. Campbell, by the publication of 
which said false and snurious circular the contestant was deprived of a large 
number of votes; that during the said campaign in said district, and just prior 
to the sfiid election, the friends, ]>art!sans, and adherents of the contestee, Rob¬ 
ert L Doughton. did clandestinely circulate in the various parts of Die district 
that the contestant, James I. Campbell, had declared that he, the said James I. 
Campbell, longed to see the day when he would he pei-mitted to enter the school¬ 
room and place one hand upon the head of a colored child and the other hand 
upon the head of a white child, said false allegations having for its purpose the 
intimidation of the voters of said district, and having the effect so to intimidate, 
fric-hten, and alarm a large number of voters as to prevent them from voting 
the^Repiiblican ticket, and particularly from voting for the contestant, James I. 

Campbell. . . i 

That during the progress of the campaign in said district, and prioi to 

said election and on the dav of said election the friends, partisans, and ad¬ 
herents of tile contestee, Robert L. Doughton, circulated throughout the dis¬ 
trict a false, scandalous, and ridiculous charge, reflecting upon the blood, 
family, and ancestry of Senator Warren G. Harding, Republican candidate 





6 


CAMPBELL VS. DOUGHTON. 


for President; that dnrini? the said cainpai?:n, numerous speakers who were 
friends, partisans, and adherents of the contestee, Robert L. Doughton, fre¬ 
quently declared in public places, and from the public rostrum, that the 
Democratic I’arty was the proper place for all decent white women, and that 
the Republican Party was not the place for decent white women, being in¬ 
tended, and largely having the effect, to intimidate a large number of voters 
and prevent them from voting the Republican ticket, and i)articularly from 
voting for the contestant, .Tames I. Campbell; that the general policy of the 
friends, partisans, and adherents of the contestee, Robert L, Doughton, in 
the conduct and management of said campaign, prior to and on the day of said 
election, was such as to cause fear, fright, alarm, and intimidation among the 
voters, intended, and having the effect, to prevent a large number of voters 
from voting the Republican ticket, and parhcularly from voting for the con¬ 
testant, .Tames I. Campbell. 


III. 

That in the appointment of registrars of voters in each and all the precincts, 
and in each and all of the counties, aforesaid, comi)rising the said congres¬ 
sional district, as aforesaid, the county boards of election in each and all of 
the counties, being friends, partisans, and adherents of the contestee, Robert 
L. Doughton, selected and a]»pointed as registrars for each and all of said 
precincts, active and bitter friends, partisans, and adherents of the contestee, 
Robert L. Doughton, no friend, partisan, or adherent of the contestant, .Tames 
I. Campbell, being appointed registrar in any ])recinct in any county of said 
district; that in the administration of their oltices and trusts, as registrars, 
their invariable policy and mode of conduct was such as to promote the in¬ 
terest of the said contestee, Robert L. Doughton, and prevent, hinder, and de¬ 
lay the friends, partisans, and adherents of the contestant, .Tames I. Camp¬ 
bell ; that in the trial of all questions at issue as to age, residence, payment 
of poll tax, educational qualitications, and other imitters involved as to the 
# qualification of voters, it was the invariable policy of the said registrars in 
each and all of the precincts, as aforesaid, to resolve all possible doubts in 
favor of the said contestee, Robert L. Doughton, and against the contestant, 
James I. Campbell; that in the pretended discharge of their oflicial duty as 
registrars at the various precincts in the several counties of the said district, 
the said registrars, appointed and acting as aforesaid, and on days other than 
those prescribed by law for registration at the several polling places, took 
it upon themselves to take the records and papers belonging to the office of 
such registrar and go from house to house throughout the several communities 
in various precincts and register men and women who were the friends, par¬ 
tisans, and adherents of the contestee, Robert L. Doughton, and to i)ass by, 
omit, neglect, and refuse to register the friends, partisans, and adherents of 
the contestant, James I. Campbell, greatly to the loss and detriment of the 
contestant, James I. Campbell, intending thereby, and having the effect to, 
cause a large number of voters to be deprived of the right to register for the 
said election, and resulting in the loss of a large number of votes to the Re¬ 
publican Party, and particularly to the contestant, James I. Campbell. 

That in numerous other instances in the various precincts throughout the 
several counties of said district, said registrars unlawfully placed upon the 
voting register a large number of names of men and women, being the friends, 
partisans, and adherents of the contestee, Robert L. Doughton, who did nor pos¬ 
sess the qualifications required by the constitution and statutes of North Caro¬ 
lina as requisites for voting at said election ; that a large number of names of 
persons, either fictitious or nonexistent and unknown as residents and voters in 
the various precincts of the several counties of said district, were unlawfully 
placed uj^on the ^ oting lists of said precincts by the registrars, as aforesaid 
with the intention of unlawfully voting said fictitious, nonexistent, or unknown 
persons foi the contestee, Robert L. Doughton, and large numbers of such 
names of fictitious, nonexistent, and unknown persons were so voted «-reatlv 
to the enhancement of the vote of the contestee, Robert L. Doughton and'^to'the 
detriment of the contestant, James I. Campbell; that in numerous and various 
instances, in several precincts in the various counties of said district the 
names of \oteis in said piecincts who may have been qualified to register h’^id 
they themselves so applied for registration, and taken the oath, required by 
law, but who, in fact did not make application for registration, the said re^is- 
trais, of theii own motion, and without the knowledge and consent of said 
voters, placed their names upon the registration lists and allowxnl said persons 


CAMPBELL VS. DOUGHTON. 


7 


to vote in said election, greatly to the enhancement of the vote of the con- 
testee, Robert L. Doughton, and to the detriment of the vote of the contestant, 
James I. Campbell. 

That the period prescribed by law for the registration of voters in North 
Carolina embraces the 20 days prior to the second Saturday before the said 
election, and including said second Saturday, and the said registrars are for¬ 
bidden by law to place upon the registration books the names of any voters 
after said date, unless such voters should attain their majority after expira¬ 
tion of said date named; that despite this provision of law, the registrars in 
the various precincts in the several counties of said congressional district, did 
unlawfully and disregardfully continue to place upon the registration lists 
the names of friends, partisans, and adherents of the contestee, Robert L, 
Doughton, thereby fraudulently qualifying said persons by registration for vot¬ 
ing at the said election, large numbers of such persons did so vote, greatly to 
the enhancement of the vote of the contestee, and to the detriment of the 
vote of the said contestant, James I. Campbell; that in the registration of 
voters by the said registrars, as aforesaid, the said registrars, in numerous 
instances, admitted to registration the friends, partisans, and adherents of the 
contestee, Robert L. Doughton, either without applying the educational test, as 
required by the constitution and laws of the State of North Carolina, to wit, 
that “ Every person presenting himself for registration shall be able to read 
and write any section of the constitution in the English language,” or so 
applying it as to enable such persons to pass such literacy test, whereas said 
registrars in applying said literacy test to the friends, partisans, and adher¬ 
ents of the contestant, James I. Campbell, were rigidly exacting and demand¬ 
ing in the application of said test, oftentimes making it so rigid and diflicult 
as to prevent persons who could, in fact, read and write any section of the 
constitution in the English language from passing such literacy test, and-so 
intimidating and alarming numerous other voters as to keep them from making 
application to register for said election, greatly to the enhancement of the 
vote of the said contestee, Robert L. I>oughton, and to the detriment of the 
vote of the contestant, James I. Campbellthat in numerous instances, said 
registrars unlawfully applied to the friends, partisans, and adherents of the 
contestant, James I. Campbell, a literacy test arbitrary, rigid, exacting, and 
unreasonable, being over and above the said constitutional requirment, to wit, 
that “ Every person presenting himself for registration shall be able to read 
and write any section of the constitution in the English language,” thereby 
depriving and denying them the privilege to register, under said pretext and 
pretenses, greatly to the enhancement of the vote of the contestee, Robert L. 
Doughton, and to the detriment of the vote of the contestant, James I. 
Campbell. 

That notwithstanding the provision of the laws of the State of North Carolina 
that any elector sliall, upon aiiplication, be permitted to inspect the regis¬ 
tration i)Ooks in any precinct and at his own expense have a copy of the poll 
books thereof, upon penalty for refusal thereof (Revisal of North Carolina, 
1905, sec. 6016), registrars in various precincts in the several counties of 
the said congressional district, such registrars being friends, partisans, and 
adherents of the contestee, Robert L. Doughton, did uidawfully refuse and 
fail to permit the friends, partisans, and {idherents of the contestant, James I. 
Campbell, to have access to such poll books, or to make copies thereof, or to 
inspect the same, and did persistently continue to refuse so to do, particularly 
in the third precinct of the city of Statesville, county of Iredell, in said district, 
where the registrar, one David W. Speaks, unlawfully refused and failed to 
permit the friends, partisans, and adherents of the contestant, James I. Camp¬ 
bell, to inspect the poll books of said election precinct, or to take copies of 
the same, thereby denying inspection of or copies of a large list of voters, 
to wit. 2,300, and'this notwithstanding the fact that the friends, partisans, and 
adherents of the contestant, James I. Campbell, demanded inspection of said 
records on a day other than challenge day, making an offer of payment for 
the same, but he, the said registrar, did willfully refuse and fail to permit 
the inspection of the records or the taking of a copy thereof, thereby denying 
friends, partisans, and adherents of the contestant, James I. Campbell, an 
opportunity to know the names of such persons as might be registered for 
voting in said precinct, and thereby denying them opportunity of canvassing 
the same; that in the fourth precinct of the city of Statesville, county of 
Iredell, In said district, the registrar, being a friend, partisan, and adherent 
of the contestee, Robert L. Doughton, did likewise unlawfully refuse and fail 




8 


CAMPBELL VS. DOUGHTON. 


to permit the friends, partisans, and adherents of the contestant, James I. 
Campbell, to inspect the poll books of said precinct, or to take copies thereof, 
notwithstanding such inspection was demanded and tender of payment thereof 
made, thus denying to the friends, partisans, and adherents of the contestant, 
James I. Campbell, the opportunity of inspecting a large list of voters of said 
district, to wit, 900, thereby preventing the canvass of said voters by the friends, 
partisans, and adherents of the contestant, James I. Campbell. 

That in Coddle Creek precincts Nos. 1 and 2 the registrar of elections, being 
a friend, partisan, and adherent of the contestee, Robert L. Doughton, did 
unlawfully refuse and fail to permit the friends, partisans, and adherents 
of the contestant, James I. Campbell, to inspect the poll book of said precinct, 
or to make copies thereof, notwithstanding the fact that demand for such inspec¬ 
tion was made and tender of payment for said copy offered, thereby denying to 
the friends, partisans, and adherents of the contestant, James I. Campbell, the 
opportunity of inspecting the names of a large list of voters, to wit, 2,0(X), and 
the privilege of making canvass of said voters; that in the several other pre¬ 
cincts of the county of Iredell in said district the registrars of election in 
each and all of said precincts, being friends, partisans, and adherents of the 
contestee, Robert L, Doughton, unlawfully refused and failed to permit inspec¬ 
tion of said poll books by the friends, partisans, and adherents of the con¬ 
testant, James I. Campbell, or the making of copies thereof, notwithstanding 
the fact that demand was made for inspection and tender of payment for 
copies thereof, thus denying to the friends, partisans, and adherents of the said 
contestant, James I. Campbell, the right of inspection of a large list of voters, 
to wit, 6,000, together with the opportunity of making canvass of feaid voters, 
all the facts and circumstances concerning which will be made to appear in 
the hearings hereafter to be held as herein provided by law. 

That in Center precinct, in the county of Stanly, in said district, the regis¬ 
trar of election, one J. C. Dunlap, being a friend, partisan, and adherent of 
the contestee, Robert L. Doughton, did unlawfully refuse and fail to permit 
the inspection of the poll book of said election precinct by the friends, par¬ 
tisans, and adherents of the contestant, James I. Campbell, or the taking of 
a copy thereof by the same, notwithstanding the fact that demand for such 
inspection was made and tender for copy thereof duly offered, thereby depriv¬ 
ing the friends, partisans, and adherents of the contestant, James I, Campbell, 
of the privilege of inspecting a large list of the voters of said county, to wit, 
900; and likewise denying to them the privilege of making a canvass of said 
list of voters; that in precinct No. 3 in the town of Albemarle, county of 
Stanly, in said district, the registrar, one J. Ed Hartsell, being a friend, "par¬ 
tisan, and adherent of the contestee, Robert L. Doughton, did unlawfully refuse 
and fail to permit the inspection of the poll books of said precinct by the 
friends, partisans, and adherents of the contestant, James I. Campbell, not¬ 
withstanding the fact that demand for such inspection was made and tender 
of payment for a copy thereof made, thus denying the friends, partisans, and 
adherents of said contestant, James I. Campbell, the privilege of inspecting a 
large number of voters, to wit, 500, and thus denying them the right to can¬ 
vass same; that in the several remaining precincts of the county of Stanly, in 
said district, the registrars of said precincts, being friends, partisans, and ad¬ 
herents of the contestee, Robert L. Doughton, did unlawfully refuse and fail 
to permit inspection of the precinct poll books by the friends, partisans, and 
adherents of the contestant, James I. Campbell, thereby preventing inspection 
of a large number of the voters in said precinct, to wit, about 5,000 voters, 
and thus preventing a canvass of the same. 

That in the precinct of Lovelady, in the county of Caldwell, in said district, 
the registrar, one C. A. Teague, a friend, partisan, and adherent of the con¬ 
testee, Robert L. Doughton, did unlawfully refuse and fail to permit inspec¬ 
tion of the poll books of said precinct by the friends, partisans, and adherents 
of the contestant, James I. Campbell, notwithstanding the fact that demand 
for such inspection was made and tender of paymeiit for copy thereof of¬ 
fered, to wit: One thousand voters, and preventing the proper canvass thereof; 
that in the remaining precincts of said county of Cadwell, in said district, the 
registrars of election being friends, partisans, and adherents of the contestee. 
Robert L. Doughton, did unlawfully refuse and fail to permit the inspection 
of the poll books of said precincts by friends, partisans, and adherents of the 
contestant, James I. Campbell, notwithstanding demand for such inspection 
was made and tender of payment for copies thereof made, thus denying to the 
friends, partisans, and adherents of the contestant, James I. Camplmll, the 


CAMPBELL VS. DOUGHTON. 


9 


privilege of inspecting a large number of voters, to wit, 5,(X)0 voters, as well 
as the right of canvass of said voters, the facts and circumstances of which 
will be made to appear in the course of the hearings herein provided by law; 
that in the precincts of north ward, west ward, east ward, and south ward, 
Spencer, and East Spencer, in the county of Rowan, in said district, the reg¬ 
istrars, M. A. Shank, T. J. Rahe, Frank Glover, J. C. Kesler .T, R. Cruse, and 
C.. K. Fesperman, being friends, partisans, and adherents of the contestee, 
Robert L. Doughton, did unlawfully refuse and fail to permit the inspection of 
the poll books of said precincts, notwithstanding demand for such inspection 
was made and tender of payment for such copies made, thus preventing the 
privilege of challenge and inspection of a large list of voters, to wit, about 
f),0()0 voters, as well as the right of canvass thereof. 

That in other i)recincts in the said county the registrars of election, being 
the friends, partisans, and adherents of the contestee, Robert L. Doughton, un¬ 
lawfully refused and failed to permit the inspection of the poll books in said 
election precincts, thereby preventing the privilege of challenge and insi^ection 
of a lai'ge number of voters, to wit, about 5,000 voters, the facts and circum¬ 
stances of which will be made to appear in tbe hearings to be held herein, as 
provided l)y law; that generally in the voting precincts in the several counties 
of said district the registrars of election, being friends, partisans, and adher¬ 
ents of the eontestee, Robert L. Doughton, and appointed by the county board 
of elections, likewise bis friends, partisans, and adberents, and with the pur¬ 
pose of denying to the friends, partisans, and adherents of the contestant, 
.Tames I. Campbell, the privilege of inspection of the list of voters of the said 
district, as well as of the right of inspection for and exercise of the privilege 
of challenging and inspecting the votes about to be cast for the contestee, Robert 
I.. Dougliton, and a general canvass of such voters, did unlawfully refuse and 
fail to permit the inspection of such polling list and records, notwithstanding 
the fact that demand for such inspection was made, and in many instances a 
tender of payment for copy thereof made, which said refusal and denial was 
greatly to the enhancement of the vote of the contestee, Robert L. Doughton, 
and to the detriment of the vote of the contestant, James I. Campbell. 

BALLOTS ILLEGAL BECAUSE OF NONPAYMENT OF POLL TAX. 

IV. 

That notwithstanding the provision of the election law of North Carolina 
(Revisal of North Carolina of 1905, sec. 5945), that “It shall be the duty of 
every sheriff and tax collector, between tbe 1st and 10th days of May of each 
year in'which a general election occurs, to certify under oath a true and correct 
list of all persons who have paid their poll tax for the previous year, on or 
before the 1st day of May, to the clerk of the superior court, who shall, within 
10 days, record the same in a book provided for that purpose, keeping each 
township separate, and certify a true copy thereof to the chairman of the board 
of elections for such county,” in the county of Iredell, in said district, the 
sheriff of said county, to wit, one IM. P. Alexander, a friend, partisan, and 
adherent of the contestee, did unlawfully refuse, fail, and omit to make to the 
clerk of the superior court, one J. A. Hartness, a certified list of the voters of 
said county who had, within the time prescribed by law, paid their poll tax, 
thereby denying to the friends, partisans, and adherents of the contestant, 
James I. Cainpbell, the privilege of inspecting such list of voters who had not 
paid their poll tax, as aforesaid, or ascertaining their whereabouts, or the 
number thereof, or making any inquiry therein, or any canvass of said list of 
voters, or knowing what number of the friends, partisans, and adherents of 
either the contestant, James I. Campbell, or the contestee, Robert I. Dougbton, 
had paid their poll tax, as required by law, and thereby, in this respect, quali¬ 
fied themselves for casting their ballots at the said election. 

That said sheriff, as aforesaid, still refuses, fails, and neglects to make 
such certified list of voters, as required by law, still denying to the friends, 
partisans, and adherents of the contestant, James I. Campbell, the privilege 
of making a full and complete ascertainment of the number of persons who, 
because of failure of payment of their poll tax, within the time required 
by law, unlawfully voted for the contestee, Robert L. Dougbton; but tbe con¬ 
testant’ is informed and believes tbat a large number of voters, to wit, a 
thousand or more in the said county of Iredell, were unlawfully permitted 
to vote for the contestee. Robert L. Doughton, without the payment of their 
poll tax as requireed bv law, among such voters being the following; Coddle 



10 


CAMPBELL VS. DOUGHTON. 


Milliani, Ertd Cliristyenbury, B. 


precinct No. 1, Marshall F. P>rown, Casky 
Davis, .T. O. Farcliied, IMannel 
C. Grubb, Walter D, Gunnell, 

Hudspeth, i\Ias<ni G. Johnston, _ _, 

Fletcher Nelson, William F. Nelson, John W. Newton, .Tohn Nantz. C. M 

I*erkin.s, Cliff Stallinjis, .less Stallings, 
J Y. Simonton, J. Kow'an Small. Coddle 
R. Stafford, W. C. Ariail. T. 


Fox, Frank Gabriel, Robert C. Garrison. Robert 
11, Loyd iM. Helms. C. T. Honeycutt, Geo. D. 
n, Calvin Lee, J. M. Leonard, J. Lotcaii IMills, 
T/iiiii AV Xmvfoii .Tobii Nantz. C. AV. 


Nicholson. Carl 0\’ercash, Arthui 
William A, Sloop. Edpir S. Sloop, 

Creek Towmship, No. 2, IGifus Deaton, 

Sherrill, M'. N. Cresw’ell, F. B. Sherrill; Concord precinct, Arch C. Browmiiifi-, 
Fred M. Baker, A. D. Feimster, W. E. IMilholland, B. Lunsford, John PH. Harris, 
Neil IMorrison, M. P\ Webber, PHrnest Webber, Carl Watt; Cool Springs pre¬ 
cinct. J. A. Yates, M. A. Wooten, IMiss IMary Thompson ; Eagle IMills precinct, 
H. (J. Baity; P^'allstown precinct, IM. D. Cavin, Grear Nesl)it, Fred PH. Lippard, 
J. L. Itobl); Sharpsburg precinct, Shiloh precinct, W. Albert Clark, 
Morrison, Harry B. Moore, HMiss Mabel Stephenson, J. 

Lonnie Little, (). 1\ Sowers, PH. A. HMoore, Plal Brady, 

Locke Simonds, P^lake B. Chipley, Albert Sinionds 

ke, 
lie 


Carl 

S. PHlliot, Glen Ph-y, 
W. Stewart; States- 


A’ille precinct No. 1. Locke Simonds, P^'lake B. Chipley, Albert Sinionds 
Thomas J. Boyd, Algie Bradley, D. IM. PHtluMlge, James M. PHradley, P"'. T. Burke 

T. D. M>bb, C. B. Webb, Samuel H. Walker. James M. Ramsey ; Statesville 

precinct No. 2, J. Hub Miller, W. PI. Cowdes, James L. Pressley; Statesville 

rkVAr-inr'l- XTa a TA T? AA^oUU TT'i-onl.' AA" VT A1 A^'•ln<lAv 


le 

Alexander, 
Eagle, W 


precinct No. 3, Richard Mitchell, B. B. AVelib, Frank Brvant, AV. H. 

D. C. Honeycutt, PH. L. lAister. J. B. Cooper, D. B. Oven-cash. D. B. 

E. Eagle, E. L. Foster, J. B. Rogers, .7. AV. AVard; State^sville ]>recinct No. 4, 
Mrs. Florence IMiller, J. AAA Di'al, Mark I’ope, AAA Harry Gregoi-y, (A AA^atkins, 
C. C. Be»shammer. Ge'orge AAA Abslien-, Carl C. Sharpe, AAA H. Harbin, C. AAA 
Boshammer, .p*-, John B. P>yers; and numerems othei-s in said county, the 
names, facts, and circumstances in connection Avith Avhich will be duly made 
to appear in the hearings herein provided by laAv; that in numerous and 
various precincts of said county the names of pei'sons aa’Iio had not paid their 
poll tax, as requireel by law, Avere permitted to be placed on the poll books as 
ab.sentee voters and counted, canvassed, and returned for the said contestee, 
Robert L. Doughton. 

That in the county of RoAvan. in said district, a large number of Alters, being 
friends, partisans, and adherents of the contestee. w-ere permitted to cast their 
ballots for him, the same being counted in his behalf, Avhich said A’oters, he- 
tAA-een the ages of 21 and 50 .A^ears, had not paid their poll tax, as required by 
laAV, to Avit, in the north Avard, city of Salisbury, C. O. BroAvn, AV. AAA MeSAvain 
AV. S. AlcSAvain, J. D. BroAvn, Clifton Quinn, PH. B. Arev, L. AA Joyner B AV 
McKenzie, Donald Clement. R. J. AIcSAvain, I.. PI. Clement, jr., AAA AI. Arey, 
A. G. Chase, J. PI. Mingus, L. C. Plambley, T. A. Barklev, Al. II. Bra\Aiey PYUx 
Bradley, T. F. Kluttz, jr., A. Al. Frazier. AV. P. Quinn. AAA Trent Ragland, C. A. 
Banner, Pike lAige, L, A. Shuman, Douglas Collins, Charles L. Shaver ’d n' 
Rouche, L. T, Lambeth; in the Avest Avard, city of Salisburv, AAA A. PoAvell’ 
Harvey PA Ryan. Alfrod Buerbaum, J. P. Spencer, J. T. Delamai-, E. G. AValton’ 
Harry Gore, CAul Rabe, J. A. Ryan, John Alerritt, J. T. Hartman. H. S. 
Cutherell, S. H, AicCubbins, AA . A. Gore, C. S. Gore, Raymond Cousins, J. T. 
Cathey. Bryce P. Beard, jr., Otis Gallimore, J. R. C. Allen AAA C Gorman 
James H;imbley, P^rnest L. Hardin, AAA H, Hardin, jr., ,1. A. AIcKenzie R. 
Ramsey, jr , T PH Buerbaum, Phillip PHames, R. 1). PHames, A. B. Carter C S 
Denny, S. H. AA iley, jr., S. A. Blaekmer, Ollie T. Ragan I T Buiamv’ 1 Ji' 

Butler “if lAvA’- Hennuii 

Lutiei, ( . H. leek, D. P. AA illiams, D. PH. Ray, J. A. Burns T At Pnotmi ir* at 

Puller, AV H. Crawford. 1). PH. Daniel, Bishop Leonard, it. AI. Hudson’ I* " 

Hudson. P. E. Loavis, Lewis T. Rainey, L. C. English; in the east wmT citv 

Sa isbury .Sam A.she, Adam Siler, Richard Goodman, M. Feldman R 

^ Summers, Chester Taylor, AAA J. Allen, AV. 


E. 

of 

L. 

P. 


Andrews, L. D. Austin, T. J. Bailey, AAA H. Baine t‘t ll.o-or n 
L. PH. Becker. H. A. Bellen, D. P. PH. gle E AV Carter Trn 

A, W. Coat-s. Hush L. Cneinei.t E, HjA AolAi A S i ovo' F Tf’ A f'f'A 

Davis, W. A. Deal, S. T. Dorseit, E. B. De • Jolm DW-eA A A 'A"' A' 

B. G. Eiiop, Oliarles Edwards. John FricU, U A Gobble O t. A, Vf™, AA’ 
S. B. Hill, K. G. Hines, B. I. Hoffner, Will am Howe I T piAe A 1 “‘‘‘‘AA"’ 
W. Jones, Walt Iveegan, M. W. King J II MoHA'f ’A A ® -A” V."®’ 

Baxter D. Morgan. Tho’mas Jiur,,!,; r. f A W "Movers F w‘\t'A AA‘>r’ 
Owens, G. S. I^orter, A. G. Itailey, 6. IT. Itogm-s W I AHH;, t vA 

William Itoberts, P. F. Smitli, Tr. S Smith e' T Tavlol Fa '• ’A' 

ward, Salisbury, C. h. Gaskey, .Tohn Ed. Hoope, lAn i ,dwAf 

IT. E. Haynes. J. B. Bice, A. P, Bnford, E. A.-ilrA.’-lpA'HAdlAAolH lAw: 


CAMPBELL VS. DOUGHTOF. 11 

Crowder, M. A. liogeva, C. .T. Butler, L. A. Jiiluin, E. H. Hooper, Roy Cauble, 
R. E. Nicholson, Norman Brown, and C. O. Brown. 

In Spencer precinct, A. S. Walton, L. A. Vuncannon, F. T. Cornelius, A. W. 
Leonard, E. B. Banton, W. D. Kizziah, R. E. Andrews, J. L. Clements, C. W. 
Betts, I. O. Miller, H. L. Cook, T. M. Nussman, G. S. Perkinson, A. W. Leonard, 
W. E. Major, P. J. List, H. C. Miller, J. A. Morrison, W. H. Goodwin, J. I. 
Lomax, George A. Younce, R. B. Snyder, E. E. Williamson, R. T. Palmer, W. J. 
Stanback, M. A. Grubb, R. A. Cowan, P. Lynn Cruse, W. A. Kessler, A. G. 
Blaylock, E. L, Quillian, A. D. Godfrey, A. W. Hicks, P, G. Sigmon, H. L. Parker, 

M. N. Eller, J. D. Carter, Oscar Mahaley, J. S. Davis, C. B. Williams, J. L. 
Thornton, J, M. Steadman, T. H. Wetmore, O. F. Brown, H. C. Andrews, Henry 
Cauble, R. F*. Litaker, J. D. Pethel, A. D. Pethel, C. L. Burton, J. R. Jones, 
H. A. Williams, W. P. McCall, H. W. Grubb, W. V. Towson, L. O. Goodson, 
F. D. Lingle, E. L. Kritzer, R L. Myers, B. D. Trexler, R. A. Lentz, J. E. 
Prettyman, J. D. Thomas, T. W. Sigmon, J. B. Booker, R. J. Misenheimer, 
J. B. Baston, G. L. McCarter, W. R. Kester, Moses Holmes, J. E. Moore, W. M. 
Stafford, J. T. Leonard, W. A. Kessler, J. G. Sparger, C. M. Welliford, G. L. 
Wallace, G. H. Wooble, C. L. Mock, Ralph Cates, C. R. Jackson, W, W. Smith, 

N. S. Sharp, J. J. Perry, J. J. Wright, M. F. Owens, S. C. Brown, J. F. Crook, 
C. R. Lomax, J, J. Beal, J. C. Agner, T. M. Ogden. 

That in Peak Creek precinct, Ashe County, in said district, a large number 
of voters cast their ballots for the contestee, Robert L. Doughton, being between 
the ages of 21 and 50 years, without having paid their poll tax, as required 
by law, for the year 1919, on or before the 1st day of May, 1920, among them, 
to wit, David Pennington, John C. Richardson, J. A. Richardson, Everett Lyal, 
and others, the names, precincts, and other facts and circumstances of which 
will be duly made to appear in the hearings herein provided by law. 

That in South Lenoir precinct, Caldwell County, in said district, a large 
number of voters, being friends, partisans, and adherents of the contestee, 
Robert L. Doughton, and being between the ages of 21 and 50 years, not having 
paid their poll tax for the year 1919 on or before the 1st day of May, 1920, 
did unlawfully cast their ballots for the said Robert L. Doughton, contestee, 
to wit, F. H. Hoover, T. A. Wright, Frank D. Grist. E. L. Hall; in North 
Lenoir precinct, L. E. Watson, A. S. Nelson, D. C. Farthing, N. H. Hailey, 
J. B. Winkler, Ben M. Montgomery, R. E. Pierson; in Lower Creek precinct, 
J. Powell Bryan, Richard Lenoir, Ben Jacobson, Ross Preswell, J. W. Dysart, 
E. A. Abernathy, J. C. Jones, Ralph Winkler, E. J. Powell, Ed Scott, L. A. 
Dysart; that in other precincts of the said county a large number of voters, 
to wit, about 200, being friends, partisans, and adherents of the contestee, 
Robert L. Doughton, and persons between the ages of 21 and 50 years, not hav¬ 
ing paid their poll tax for the year 1919 on or before the 1st day of May, 1920, 
cast their ballots for the said Robert L. Doughton, contestee, the names, pre¬ 
cincts, and other facts and circumstances concerning which will be made 
hereafter to appear in the hearings herein provided by law. 

ABSENTEE VOTERS. 

V. 

That in the several precincts of the county of Rowan in said district, a large 
number of pretended absentee voters, being the friends, partisans, and adherents 
of the contestee, Robert L. Doughton, claiming to be unavoidably absent from 
said precinct, or detained by illness, or to be duly registered, of voting age, of 
the required residence, with their poll tax duly paid, did unlawfully cast their 
ballots for the said Robert L. Doughton, contestee, or such ballots were unlaw¬ 
fully deposited in the ballot boxes by the friends, partisans, and adherents of 
the contestee, Robert L. Doughton, when in fact said pretended absentee voters 
were not absent, or were not 21 years of age, did not possess the required resi¬ 
dence in the county and precinct where they were voting, had not paid their 
poll tax for the year 1919 on or before the 1st day of IMay, 1920, were not fully 
registered, or were not, being within said county, ill and unable to attend the 
voting place and did not make the certificate or affidavit required by law, as 
claimed and pretended, to wit: East ward, Salisbury precint: Sam Ashe, Adam 
Eiler, Richard Goodman, M. Feldman, R. L. Jocelyn, Charles Torrence; 
Chai-les Spain, Henry Summers, Chester Taylor, W. J. Allen (also voted in north 
ward), W. P. Andrews, L. D. Austin, T. J. Bailey, W. H. Bame, J. T. Barber, 

O. F. Barnes, L. E. Beeker, H. A. Bullen, D. P. Eagle, E. W. Carter, T. J. 


12 


CAMPBELL VS. DOUGHTON. 


Cowson, D. A, Cline, A. W. Coats, Hugh L. Clement, Ed M. Coats, A. S. l-iove, 
E. P. Dnnton, L. W. Davis, W. A. Deal, E. B. Doury, S. T. Dorsett, E. B. Denny, 
John Dickens, I. M. Earnhart, B. G. Euop, Charles Edwards, John Frick, B. A. 
Gobble, C. P. Gwyn, Reid Hill, S. P. Hill, R. C. Hines, B. I. Hoffner, William 
Howell, J. Clyde Jenkins, Edw. W. Jones, Walt Keegan, VI. W. King, J. M. Morgan, 
H. F. Lewis, W. S. Love, Baxter L. VIorgan, 'Ihomas VInrphy, jr., A. W. Myers, 
E. W. Nail, Charles Owens, G. S. Porter, A. G. Railey, C. H. Rogers, W. L. 
Rankin, J. B. Roger, William Roberts, F. F. Smith, E. T. Taylor, Edw. Young; 
north M\ard precinct, Salisbury, C. O. Brown, J. H. Mingus, Felix Bradley, F. F. 
Kluttz, jr., G. E. Cone, W. J. Allen, Douglas Collins, L. A. Shuman, Mrs. Grace 
Robbins, Mrs. G. A. Lyerly, Vliss Margaret Martin, jMrs. L. C. Hambley, N. E. 
Scales, A. M. Frazier; west ward precinct, Salisbury, W. C. Gorman, .Tames 
Humbly, W. H. Humbly, R. L. Ramsay, jr., F. E. Buerbaum, Philip Eames, R. D. 
Eames, C. S. Denny, C. S. Snellings, S. H. AYiley, jr., S. A. Blackmer, Mrs. J. R. 
Prince, J. R. Prince, AV. A. Powell, Vliss Esther Strange, J. F. Cathey, A. M. 
Frazier, A. B. Carter, R. M. Hudson, Mrs. R. VI. Hudson, N. E. Scales; south 
ward precinct, Salisbury, It. Y. Trollinger, T. L. Wesnant, S. O. Foreman, .Tames 
L. Julian, A. Jj. Currie, Y. A. Foreman, J. B. Linker, Ivenneth Brown, C. E. 
Trollinger, V’’. C. Trollincrer, E. D. Trollinger, R. H. Trollinger, W. L. Vliller, 
J. I. Linker, J. T. AYright, Lafayette Clark, AY. H. Currie, A. B. Brown, Floyd 
Rudolph, AA^ E. Dovey, AA^ B. Sheets, AYade Stockard, R. L. VIorgan; Spencer 

precinct, -; Th*anklin precinct, Vlarvin P. Young and wife, VIrs. VIollie 

Powlas; and in the other i)recincts of said county a large number of such 
illegal absentee votes, the voters being friends, partisans, and adherents of the 
said Robert L. Donghton, did unlawfully cast their ballots for him, or the same 
were, without their knowledge or consent, placed in the ballot box by others <and 
unluMTully counted for him, the said Robert L. Donghton, contestee, to the 
number of 300, greatly to the advantage of the vote of the contestee and to 
the detriment of the vote of the contestant, .Tames I. Campbell. 

That in the county of Iredell, in said district, a large number of pretended 
voters, being the friends, partisans, and adherents of the contestee, Robert L. 
Donghton, either cast their ballots for the s’uid Robert L. Donghton, contestee, 
or their ballots were cast by others without the knowledge and consent of said 
voters and counted and included in the vote for him, such voters in either case 
not being in fact absent from the district or sick and unable to attend the polls, 
or not being 21 years of age or possessing the required residence in this State, 
county, and precinct, or not having their poll tax paid for the year 1919 on 
or before the 1st day of Vlay, 1920, or not being able to read and write an.v 
section of the State constitution in the English language, or not making the 
certificate or affidavit required by law, to wit: lAethany precimd, .T. Estess, C. D. 
Hollin, AYillie Hartness, J. C. VIcCauley, AY. T. Redmon, Fletcher Thompson; 
C'ool Springs precinct, J. A. Yates, VIrs. A. L. Reavis. L. C. Holten, VI. A. AYooten, 
VIrs. S. A. Clendenin, VIrs. A. P. Fox. VIrs. J. E. Stevenson, VIrs. Sarah Anne 
Rei<l, VIrs. H. A. Barrier, VIrs. H. L. Reid, VIrs. VI. C. Eidson. VIrs. Ida Tomlin- 



R. F. Branch, VIrs. Clyde Combs, VIrs. Vlattie AA''arren, VIr 
Baker, A. D. T^einster, AY. E. Vlillholland, Rov G. Brownii 
ford. Vliss Dessie AYebber, Vliss l*eaiie AYebber B 


s. S. J. Guy, Fred VI. 
ning, VIrs. Emma Luns- 
Imnsford. Vliss Annie L. 



Joliii W. Newton, John Nantz, C. w! Nichoiron!'cari^*vercash'ArX^ 

X Rowan'Slf'' William A. Sloop. Edgar S. Sloop, J. Y. Si.uonton; 

f'oddle Creek precinct No. 2, Miss IJnnie Thompson, lirs. Marv Teeter iirs 
Alice McLean, Bessie Collins, Lnc.v T. McNeely, Elizahetli Rankin, Rufns De.atoni 






CAMPBELL VS. DOUGHTON. 


13 


Hawthorne, W. N. Cresw^ell, F. B. Sherrill, W. L. Collins, B. B. Kerr, Mrs. 
Emma McLelland, Dr. W. D. McLelland, Mrs. Grace McNeelev, Mrs. Sue Mc- 
Neeley, J. E. McNeeley, Mrs. Mary Coon, Mrs. Blanche Sherrill, Miss Marie 
Gabriel, M. W. White, Mrs. Bessie Barger, R. Fatham Mills, Mrs. Lillian 
Frontis; Chamhersburg precinct, Elam Bnlah, Elizabeth Fry, Lula Fry, Grace 
Gaither, Grace Guft'y, Warnie Moore, Mrs. Ida Tomlinson, Louisa Tomlinson, 
Mary Tomlinson; Eagle Mills precinct, H. G. Baity, Miss Mary Kennedy; 
Fallstown precinct, M. D. Calvin, Grear Nesbit, Fred E. Lippard, J. L. Robb, 
Walter Robb; Olin precinct, Mrs. J. F. Holland, Mrs. Bell Millsaps, IMrs. L. W. 
Bell; Shiloh precinct, Mrs. R. E. Fry, Miss Carrie Hoke, W. Albert Clark, 
Ernest Parker, Carl Morrison, Miss Rosa Guy, Harry B. Moore, Miss Mabel 
Stephenson, John A. Murdock, J. S. Elliot, Glen Fry, Lonnie Little, Miss Sue 
Abernathy, O. P. Sowers, E. A. Moore, Hal Brady, Mrs. Lloyd Elder, Mrs. 
H. G. Harris, Miss Jane Teaster, W. W. Stewart, Mrs. John Rhyne, Mrs. E. E. 
Johnston; Sharpsburg precinct, Miss Rachel McLelland, Mrs. Ida Parker, Mrs. 
C. V. McLelland, Mrs. Bessie Brewer, B. Y. Elliot, Miss Julia Hill, Mrs. Caroline 
Meadows Hilliard, Mrs. E. L. Hillard, Mrs. B. L. Johnston, Mrs. C. E. Stoute. 

New Hope precinct, Clarence Jarvis, Miss Stella Reid, Graham Shaver; 
Statesville precinct No. 1, Locke Simonds, Roy E. Brown, W. D. Parker, Flake 

B. Chipley, Miss Elva Hartness, Albert Simonds, Thomas J. Boyd, Mrs. A. V. 
Johnston, Mrs. D. M. Ethredge, Mrs. Julia Ashtecroft, Mrs. M. F. Nance, Mrs. 

C. F. Tomlin, Mary Sue Cochran, Mrs. W. M. Miller, Mrs. O. B. Setzer, Mrs. 
Margaret Allison, H. H. Stikeleather, W. J. Knight, Fred Lee Bradley, Miss 
Margaret Dowd, W. E". Merrill, Miss Johnston Deal, Algie Bradley, D. M. Eth¬ 
redge, Mrs. J. A. Webb, James W. Bradley, R. M. Chipley, W. H. Allison, F. T. 
Burke, M. T. Cranfield, T. D. Webb, L. R. Allison, Mrs. J. C. Dye, Miss Lena 
Deal, C. B. Webb, Samuel H. Walker, Mrs. Mary H. Walker, Mrs. Josie P. 
Webb, K. B. Johnston, Miss Leroy Brown, Miss Vera Milsaps, Miss Katherine 
Milsaps, L. L. Strikeleather, Miss Hal Morrison, Miss Katherine Gray, J. W. 
Roach, James IM. Ramsay, Mrs. J. B. Ives, Mrs. Ida B. Mohler, Knox Patterson, 
Wade Coffey, E. G. Casteveiis, Y. R. Sliaver; Statesville precinct No. 2, Mrs. 
Alec Barkley, Miss Frances Pressley, Mrs. W. A. Menser, J. B. Glover, sr., Mrs. 
E. C. Cooper, Mrs. W. G. Lewis, J. L. Hudson, jr., Mrs. Sarah Cowles Self, 
Mrs. L. O. Little, J. S. Ramsey, J. Hub Miller, W. H. Cowles, Mrs. R. V. Dowdy, 
Mrs. W. A. Thomas, W. A. Menser, James L. Pressley, J. O. Overcash, jr., 
G. G. Austin, J. K. Carrigan, R. L. Brigman, Alvin Morrison, Miss Christine 
Henkel, Miss Daisy Brewer; Statesville precinct No. 3, Mr^. T. O. Morrison, 

D. B. Overcash, Sarah S. Steel, Laura Stimpson, Mrs. W. H. Waugh, Richard 
Mitchel, Mrs. W. E. Montgomery, O. C. Jones, Gussie Lindley, W. A. 
Hamlett, Mrs. J. M. Shook, W. S. Alexander, Miss J. G- Summers, D. 
IMatt Thompson, Mrs. C. L. Filbert, W. 0. Weatherman, Mrs. R. N. Penlin, 

R. L. Hobbs, B. B. Webbs, Mrs. R. S. Keller, Pink Sherrill, A. R. Anderson, 

S. H. Garrison, Mrs. S. R. Ballard, J. L. McCormick, R. A. Cooper, S. G. Fry, 
IMiss Resh Lawson, Mrs. J. W. Wilkerson, IMrs. C. W. McLain, J. M. IMiller, 
C. D. Cashwell, Mrs. R. A. Cooper, Mrs. J. A. Queen, J. M. Sharpe, S. A. Plyler, 
J. K. Campbell, Lela H. Lazenby, IMrs. M. C. Brown, Frank Bryant, W. H. 
Alexander, W. P. Mills, D. C. Honeycutt, Mrs. T. J. Curlee, E. W. Alexander, 
Mrs. Amantha Dobson, Charlie Fry, Mrs. D. W. Speaks, Mrs. J. A. Fulp, Mrs. 
Susa Benick, Mrs. Dora Robinson, W. A. Newell, C. F. Williams, Mrs. A. P. 
Lyons, Mrs. J. S. Shoemaker, Mrs. E]. El Plyler, Mrs. W. M. Dobson, Mrs. S. A. 
Plyler, IMrs. A. Ross, H. E. Morrison, D. E. Eagle, W. W. Eagle, Mrs. N. 
Harrison, Mrs. J. A. Haynes, J. E. Thompson, R. P. IMitchell, George Dodson, 
J. A Rory, Maud L. Nicholson, Mrs. J. W. Wilkerson, A. M. Clark, J. B. 
Cooper, Mrs. J. W. Lazenby, W. Ralph Eastepp, IMarvin L. Teague, IMrs. J. V. 
Hellard, A. P. Davidson, A. P. Edwards, Mary E. Campbell, Miss Lilly May 
Teague E. L. Foster, C. L. Teague, Miss Ruth Brown, Annie Nash, IMiss Ruth 
Fraley,’ R. A. Moore, Mrs. W. R. Combs, E. G. Nash, IMrs. Rose B. Foster, 
Vance L Teague, Miss Pearl Davidson, W. P. Chamberlain, Mrs. Sadie IMor- 
rison W D Harris, Mrs. W. D. Harris, J. B. Rodgers, Harry Garrison, Mrs. 
Alice’ Nash, Frank R. Summers, T. E. White, L. P. Myers, Edna Henninger, 
Mi-s IMary M. Foster, Mrs. Sadie L. Wehh, W. Dewey Moore, Miss Myrtle 
Summers Van F. Lippard, J. L. Steel, Miss Rose Harvey, Mrs. Harvey Gar¬ 
rison, M.’r. Adams, .ir., Mrs. T. A. Gross, Mrs. Allie F. Ward, Ethel Teague 
Dudley, Mrs. C. Williams, W. R. Alexander, L. T. Queen, Mrs. W. H. White, 
Mrs Elizaheth E. Summers, Miss Grace Eaton, R. G. Alexander, Mrs. J. A. 
Ravle Ozelle B. Lewis, Miss Clara AValker, Eldward Teague, Miss Ada Carter, 
Nellie’ W. Patterson, JMiss Marie Cloninger, Lee C. Goodwin, Susa M. Babbit, 


14 


CAMPBELL VS. DOUGHTON. 


Miss Rose AVarner, J. W. AVard, D. AV. Rash, John Nichols, N. Fred Morrison, 
Mrs. AV. Y. Love. 

Statesville precinct No. 3, Charles D. Nash, IMrs. Florence Lippard, Sophia 
Heiininger, Mary E. Moretield, H. C. Alexander, Martha Robinson, Bessie 
Brown. Mrs. J. L. McCormick; Statesville precinct No. 4, Mrs. J. Henry Hall, 
Mrs. AV. E. Anderson, Mrs. Roseman Clark, IMrs. Florence PI. Miller, P. E. 
Hefner. Mrs. AV. H. Gregorv, Mrs. J. C. AVaketield, J. F. Bowles, ji\, J. AV. 
Deal, Mrs. .T. T. AVhite, AV. G. Hall, J. A. Brady, Airs. J. AV. AVilson, Bryant 
Deal. AV. F. Foot, Aliss Cordelia AVatts, Aliss Caroline AIcDoiigald, Mrs. R. M. 
Orr, Airs. AV. F. Alunday, Airs. C. D. Conner, Airs. R. AI. Bagwell, Airs. A. E. 
Alaize, Airs. R. T. Elliot, D. D. Little. Airs. S. A. Alaize, Airs. D. D. Little, 
Airs. H. J. Byers, Aliss Cleminiiie Elliot, Airs. Cora Sammons. Airs. AAhiller 
Smith, Airs. Rhoda Elliot, Airs. Rebecca Anthony, Airs. Nabct Alaston, Press 
Sommers, Airs. Alary J. Aloore, Aliss Laura Aloore, Airs. AA\ W. Kerr, Frank B. 
Aleacham, Airs. AA'. F. Beam, Airs. Alac R. Imng, Airs. W. AI. Shoemaker. Airs. 
R. S. Church, Airs. AA\ H. H. Gregory. Airs. Alainie Neil Gray, Airs. F. PI Goble. 
Alark Pope, AA\ A. Kilpatric, R. O. Deitz, jr., .T. Lewis Poston, Aliss Alildred 
Smith, Airs. Roxie Absher, W. L. Saunders, Airs. Aliirel AAdiite, H. C. Sharpe, 
Richard L. AVest, J. AV. Scroggs, Airs. C. Walking, J. D. (?) AIcRorie, AV. AV. 
Leinster, Ralph A. Scroggs, Airs. Frank Harbin, Airs. Harriet G. Hays, J. AV. 
AAllson, Airs. Alay L. Hefner, Aliss Edith Scroggs, Airs. J. AA". Deal, Airs. AA". A. 
Kilpatric, Frank L. Grier, Aliss Lillian Hefner, AV. Harry Gregory, Thomas H. 
AIcRorie, John A. AAGiite, C. AAbatkins, C. C. Boshaminer. Airs. J. H. Green, 
George AA". Absher, Bynnm Combs, Carl C. Sharpe. Airs. Lucy H. Leinster, Airs. 
Letha Absher, A^rnice Absher, AA^. H. Harbin, Airs. Alargaret L. Byers, R. AV. 
Alnlford, J. H. Green, C. AA". Boshammer, jr., John B. Byers, Ada Bell Barringer, 
Gales Scroggs, C. P. Carter, Aliss Cilia Sommers. H. L. Byers, AA". S. Chappel, 
Airs. R. G. Gaither, Clarence Bean, AV. F. Bean, Airs. Frank Troutman, Airs. 
R. S. AIcElwe, Frank Dorris; Turnersbnrg precinct, Claude .T. Allen; Union 
Grove precinct, AV. F. AA'alker, AV. P. Sharpe, sr., Alartha E. Sharpe, Lydia 
Harris, .Tames F. Cash. Dr. .T. P. Nicholson. 

In the county of Caldwell, in the said district, a large number of pretended 
absentee voters, being friends, partisans, and adherents of the contestee, 
Robert L. Donghton, cast their ballots for him, the said contestee, of such bal¬ 
lots were deposited by others in the name of and on behalf of such pretended 
ab.sentee voters and counted for the said contestee, when, in fact, such voters 
were not bona fide voters, that is to say, were not, in fact, absent from the 
district or present in the county where they reside, and sick, and unable to 
attend the polls, or were not 21 years of age, or had not liA'ed in the State 
two years, in the county six months, in the precinct four months, or had not 
]>aid their poll tax for the year 1919, on or before the 1st day of Alay, 1920, 
or could not read or write any section of the constitution of the State in the 
English language, or were not registered as required by law, or did not file 
the certificate or make the affidavit as required by law, to wit. North Lenoir 
])recinct: .Tosey Lambert, Boon Alunday, AA\ Jeff Hubbard, Essie Bush, Olin 
Bradshaw, Oda Crisp, Anna Crisp, Harriet C. Corpeiiing, Alamie Chester, Texas 
Cloer, R. E. Pearson, Alamie L. Cloer, Lex Hartless, Charlie Harless, Alargaret 
Harper, E. PI. Hoskins, Aliss Fannie Jones, James C. Harper, J. AI. Sudderth, 
Airs. Rose Iffiwell, .Tane E. Johnson, Airs. D. E. NePson, Aggie Aloore, R. T. 
Lenoir, jr., J. C. AIcNeely, AVill Sudderth, David E. Rice, Nelse Triplett, A. W. 
Aloore, AI. C. Robbins, Gwyn S. Hartley. South Lenoir precinct; J. R. Alartin, 
Alary P. .Julian, D. A. Smith,.Airs. Zadie Tuttle, J. Claud Healan, E. D. Healan, 
Airs. Robert E. Taylor, R. H. Harstin, A. P. Kaylor, Florence R. Kaylor, Airs. 
Alary Helen Grist, E. J. Harbison, Olive Powell, Sarah D. Jones, Jessie AVilson, 
Benson H. Tuttle, C. 1.. Johnson, Spurgeon Tuttle, Airs. Hugh Nelson, Edgar 
H Hoke, Joe C. Aloore, .T. AV. Grist, J. Franklin Price, Fred L. AIcAIillan, G L 
Hamby, Airs. AI. S. Jones, J. AI. Bush, Phigeiie Jones, R. E. Harris Airs Jane 
Prestwood, J. Frank Tuttle, Airs. R. E. Smith, Alary Triplett, Airs. Jessie Trip¬ 
lett, Brinnie C. Alinish. 

Lower Creek precinct; H. H. Carlton, C. A. Ballew, Pantha Stokes Jones 
Powell, Sallie Dysart, Viola Boldin, Susie AV. Fuller, Alattie Alay Ballew’ Lizzie 
Fuller IMckett, Tom AA'arren, J. Hoke Jones, C. R. Beach, F. L Alay Airs Alary 
Ballew. Jesse H. Presnell, Airs. Hamilton AVolfe, Rosie Green, Airs' AI R Bern¬ 
hardt, Alrginia Kasie, Aliss A. Lee Allen, Isabell Aliller Alaude Tate ’ .Jessie 
Corlie, Imyd Shuford, T. A. Foreman, J. A. .Jones, George C Shuford’ AV A. 
Harris, Airs. Alartha Greer, Florence E. Boyd, AV. AI. Frazier, Elizabeth Todd', 


CAMPBELL VS. DOUGHTON. 


15 


Bessie Lacton, R. V. Wolfe, James R. Jones, Carrie Harrison, Mrs. Isabell 
Hiikell, Miss Clara Shurford, E. M. Hukell. 

That in the county of Stanley, in said district, a large number of pretended 
absentee voters, being the friends, partisans, and adherents of the contestee, 
Robert L. Doiighton, either cast their ballots for the said contestee, Robert L. 
Doughton, or such ballots were unlawfully cast for them by others and on their 
hehalf, such absentee ballots being counted for him, the said contestee, Robert 
L. Doughton, when in fact the said pretended absentee voters were not in fact 
lawful absentee voters, not being absent from the district, or not being in the 
district and sick, or being in the district and sick and not making the certificate 
or affidavit reciuired by law, or not being 21 years of age, or not having lived 
in the State two years, in the county six months, in the precinct four months, 
or not being able to read or write any section of the State constitution in the 
English language, or not having paid their poll tax for the year 1919 on or before 
the 1st day of May, 1920, or not being duly registered; said ballots being either 
cast or counted for the said contestant as follows: Center precinct: M. V. 
Lowder, Charles Swarringen, Dunlap Hathcock, Mrs. Dunlap Hathcock. North 
Albemarle precinct. No. 1: Mary K. Brown, C. A. Whitley, J. R. Smith, O. D. 
Melton, Lena Beverly, Lentz Fesperman, J. W. Hathcock, Freeda Jones, W. E. 
Smith, Pauline Whitley, O. G. Whitley, C. F. Biles, W. C. Smith, Jude M. 
Cooper, S. Maulin, A. L. Kirk, E. P. Kirk, C. P. Coggins, J. S. Hatley, D. C. 
Lowder, N. B. Lowder, W. E. Cress, C. D. Efird, K. W. Harris, C. J. Crowell, 
T. V. Green, T. M. Fesi>erman, S. Austin, W. P. Hinson, S. M. Lisk, P. N. 
Mauldin, C. W. Russell, A. C. Miller, Mary D. Zachary, C. W. Zachary, Mrs. 
C, C. Cox, Oten P. Moss, Mrs. Ellen Patterson, Robert S. Bird, Lewis Melton, 
Robert A. Cooper, Mary Huckabee, L. P. Lowder, J. B. Dennis, I. A. Walters, 
C. Y. Melton. North Albemarle precinct. No. 2 : C. A. Nantz, T. W. Doby, R. C. 
Roberts, Z. V. Martin, W. F. Ramsay, A. P. Roberts, V. D. Reeves, G. M. Leffer, 
H. Bunn, L. S. Barbee, T. F. Kirk, Walter J. Barbee, N. B. Simmons, L. A. 
Lensing, W. C. Mauldin, M. L. Troutman, E. D. Price, Wiley Davis, J. L. Moser, 
Jim Andrews, .John Knabe, J. C. Gilbert, Carl Roach, N. A. Lowder, Nelia 
I^owder, Mamie McSwain; and in other precincts in said county a large number 
of such pretended absentee voters cast their ballots for the contestee, Robert li. 
Doughton, or such ballots were so cast by others in the name of and for such 
voters, the names of such voters, the precincts wherein they voted, other facts 
and circumstances relating thereto being made to appear in the hearings herein 
provided by law. 

That in the precincts of Big lack and Furrs in the county of Stanley, in said 
district, a large number of voters, to wit, 400 voters, being friends, partisans, 
and adherents of the contestant, James I. Campbell, were unlawfully de¬ 
prived of the right to vote in that in the said Furrs precinct, the registrar, 
one Itay Sossaman, a friend, partisan, and adherent of the contestee, Robert 
L. Doughton, did unlawfully and willfully absent himself from the polls, he 
being duly appointed one of the poll holders for said precinct to hold said 
election, and being notified thereof, until the hour of 8..30 o’clock a. m., two 
hours after the time for opening the said polls, to wit, at the hour of sunrise, 
thereby hindering and delaying a large number of voters, being the friends, 
partisans, and adherents of the contestant, James I. Campbell, and preventing 
them of the privilege of voting, to wit, A. M. Hathcock, B. J. Barbee, P. H. 
Honeycutt, .John I.. Furr, J. I. Whitley, T. G. Smith, Adam Page, William F. 
Hartsell, George Morgan, L. P. McLure, C. P. Talbert, John Z. Walters, Clarence 
E. Reid, J. E. Little, James C. Burroughs, Michael Love, D. S. Smith, John T. 
Burris, T. laither Coly, D. E. Holbrook, C. R. Barbee, M. R, I.,ambert, J. D. 
Honeycutt, W. D. Sasser, J. E. Efird, G. C. Efird, E. F. Carriker, W. P. Car- 
riker, C. H. Furr, Green T. Burris, John M. Hathcock, John L. Honeycutt, D. S. 
Bratton, W. Jody Morgan, O. J. Bratton, D. G. Smith, John Harvel, J. E. Drake, 
T. G. Love, A. j! Stirewalt, J. T. Burris, A. J. Blackwelder, J. C. Barber, H. E. 
Drake, W. O. Drake, R. F. Morgan. Jacob G. Tucker, S. I^. Eudy, G. Cleveland, 
Millard Smith, J. Barbee, B. H. Hinson, O. M. Smith, N. W. Honeycutt, James 
Treece, H. A. Jtummage. A. E. I.ambert, B. B. Presson, M. Honeycutt, W. S. 
Eudy, I.. C. Coly, N. W. Hathcock, L. M. Hudson, Mack H. I^ove, John H. 
Taylor, .John Osborne. 

That the snid registrar, Ray Sossaman, further delayed and hindered the 
voters of said precinct, being friends, partisans, and adherents of the con¬ 
testant, James 1. Campbell, and intending and offering to cast their ballots for 
him, by dilatory tactics, delays, and hindrances, disturbed and delayed said 
election in that* the opportunity of voters to vote was withheld or prevented 


16 


CAMPBELL VS. DOUGHTON. 


by the said Ray Sossaman making pretenses that he was searching the records 
for the names of voters who were offering to vote, when such names were 
accessible and might have been easily found; by the said Ray Soss^aman leaving 
the polls and going a distance of about 50 feet and bringing in the balmts or 
voters who were the friends, partisans, and adherents of the contestee, Robert 
L. Doughton, such voters being physically able t go to the polls, at the same 
time not paying like attention to the voters who were the friends, partisans, and 
adherents of the contestant, James I. Campbell. ^ 

That at the said Big Lick precinct the registrar, H. P. Efrid, did unlawfully 
hinder, delay, and prevent from voting a large number of voters, being friends, 
partisans, and adherents of the contestant, James I. Campbell, in that he did 
a great number of times pretend to be searching the records for the names of 
voters, thereby delaying the voting, sometimes as long as 25 minutes, when in 
fact the names of electors of such record were easily accessible, were written 
in his own handwriting, and, in fact, could be easily found, said pretended 
searches and delays being for the manifest purpose of preventing the friends, 
partisans, and adherents of the contestant, James I. Campbell, from getting their 
ballots from him, to wit, A. S. Furr, I. J. Poplin, C, J. Tucker, A. P. Hinson, 
W. S. Hartsell, T. F. Barbee, P. L. Hinson, E. A. Brown, D. Boss Hinson, J. A. 


Hopkins, C. L. Austin, C. C. Morgan, W. P. Stoker, W. Philas Hinson, R. Z. 
Bowers, Thomas M. Hatley, J. W. Hathcock, F. Tyler Honeycutt, P. S. Honey¬ 
cutt, E. E. Burris, D. P. Hinson, J. R. Burris, L. A. Little, Avis A. Burris, J. F. 
Burris, B. Lindsay Whitley, W. C. Clark, John A. Honeycutt, C. D. Hathcock, 
N. Ellis Austin, W. D. Russell, J. A. Dunn, J. H. Brooks, F. L, Helms, Aimer A. 
Smith, W. A. Edwards, B. M. Green, W. S. Ledbetter, M. L. Jones, Floyd S. 
Honeycutt, A. Finly Hinson, P. B. Hill, Silas A. Honeycutt, C. G. Smith, B. R. 
Smith, E. L. Whitley, D. Jl. Whitley, Lonnie Austin, Arthur Hatley, T. R. 
Turner, Philas C. Austin, M. L. Almond, Alex Grifhn, Elija Smith, J. H. Ed¬ 
wards, Shepard Bowers, A, W. Barbee, C. E, Miller, A. N. Springer, S. M. Smith, 
L. J. Smith, Thomas Morgan, C. Ledbetter, Jack A. Lange, W. A. Barbee, 
Bryan Almond, A, G. Martin, Av. Thomas, W. T. Hatley, S. H. Green, Walt A. 
Whitley, J. F. Austin, Jonah S. Green, J. H. Flartsell, B. H. Honeycutt, Ray¬ 
mond W. Brooks, Will C. Smith, J. Lee Smith, Milton F. Hartsell, T. A. Hiil, 
W. F. Hill, Lee R. Honeycutt, Rufus Morgan, J, F. Hatley, Adam J. Brooks, 
John A. Hartsell, A. H. Sasser, J. Spurgeon Sasser, D. J. Morgan, M. L. Morgan, 
E. R. Smith, W. D. Griffin, Wincy C. Griffin, N. J. Whitley, Homer S. Burris, 
Adam L. Honeycutt, J. F. Morgan, John A. Burris, L. Maness Whitley, S. V. 
Gilbert, P. J. Smith, J. Prank Dunn, W. M. Burris, Susan Hatlev, Bertha Hat¬ 
ley, Shuford Coble, S. S. Smith, C. A. Teeter, W. Ben Barbee, Fred F. Hartsell, 
Alvin Harwood, F. F. Whitley, E. T. Burris, J. B. Ledbetter, G. P. Burris, 
G. C. Smith, Abner Hatley, Sebastian Hartsell, C. M. Morgan, Lewellin Burgess 
L. W. Connelly, Paul L. Smith, D. B. Smith, Kirby Smith, J, E. Morton, C. W. 
Salley, J. P. Whitley, Will Springer, Titas Coble, W. Hamp Diy, Dan R. Mc¬ 
Intyre, Travis Tucker, and other voters whose names, together with their right 
to vote, all of which will be made to appear herein in the hearings, as provided 
by law. 


VI. 


That at the said election in the county of Rowan, in said district, the total 
number of votes cast for the contestant, James I. Campbell, as counted cer¬ 
tified, and returned by the conunty board of canvassers thereof was 4 916- 
that the total number of votes cast for the contestee, Robert L. Doughton, in 
said county, as certified by the board of canvassers of said county, was 6,283 
giving the contptee, Robert L. Doughton, an apparent majoritv of 1,.367 ; 
that the State ^oard of election canvassers of the State of North Carolina, 
at Its session on the 26th day of November, 1920, in counting, canvassing, and 
declaring said vote erroneously reduced the vote of the contestant James I 
Campbell, from 4,916 to 4,515, thereby giving the contestee, Robert L Doughton 
an apparent ma.iority in said county of 1,768, and depriving the contestant’ 
James I. Campbell, of 401 votes to which he is lawfully entitledrwhich erroneou.s 

I’e^^ces the apparent majority of the contestee, 

apJ"e.U-nSjXoi 1 - 


YII. 


That section 596G of the Itevisal of Nortl, Carolina, of 1905, beinR a part of 
the existing election law of said State, specifically requires and enjoins tlurt 







CAMPBELL VS. DOUGHTON. 


17 


all ballots cast by absentee voters and all the certificates thereof shall be re¬ 
turned in a sealed envelope by the registers and poll holders in all elections^ 
in said State, together with the certificates of the result of said election, and 
that said ballots and certificates shall be kept for a period of six months, or, in 
case of a contest in the courts, until the results are finally determined; that in 
the counties of Rowan, Iredell, and Caldwell, and other counties in said dis¬ 
trict the said ballots of absentee voters and the certificates accompanying the 
same were not preserved by the poll holders, sealed, and forwarded to the 
board of county canvassers, with the election returns, as required by law, 
thereby rendering an oflicial recount of such ballots impossible; that in the 
said before-named counties in said district the regular ballots cast at said 
election were not preserved and forwarded to the county board of canvassers^ 
as required by law, with few, if any, exceptions, thereby rendering an official 
recount of such ballots impossible, or any other determination in connection 
with them, being made, in so far as relates to the actual physical presence of 
such ballots. 

ROWAN AND IREDELL COUNTIES. 

* VIII. 

It being made to apiTcar on allegations contained herein that in the counties- 
of Rowan and Iredell, in said district, so gross are the irregularities and non- 
conformity with the requirements of law, to wit, so large a number of voters? 
have been permitted to vote and their votes counted without the payment of 
poll tax, as required by law; so large a number of voters having been permitted 
unlawfully to cast their ballots, or have them cast for them, as pretended 
absentee voters; and so large a number of voters having been permitted ta 
vote without possessing the residence qualification requireil by law, namely,, 
two years’ residence in the State, six months’ residence in the county, and four 
months’ residence in the precinct; so large a number of votes having been per¬ 
mitted to be cast without said voters being properly registered, as required by 
law; such gross irregularities and partialities on the part of the registrars in 
the registering of voters; the denial of access to the registration books of 
the friends, partisans, and adherents of the contestant, James I. Campbell; on 
account of so large a number of registrants having been recorded by unofficial 
persons, or persons other than the duly qualified registrars; on account of the 
denial to the friends, partisans, and adherents of the contestant, Janies I. 
Campbell, of the requisite number of ballots for use at the polls in sundry 
and divers precinct; on account of the intimidation of a large number of voters 
at various precincts in the said counties by posting at the voting places in said 
precincts a hideous picture or pictorial representation of the Republican can¬ 
didate for President of the United States, Warren G. Harding, in the midst of 
several Negroesj and the consequent disturbance resulting therefrom, leading to 
personal encounters at or near said precincts; on account of the intimidation 
of so large a number of voters by the circulation of a certain false, spurious, 
and scandalous circular purporting to have for its purpose a provision for the 
voting of colored women in the State, which false, spurious, iind scandalous- 
circular is already referred to and set out in this notice; on account of the 
failure of the sheriff, one M. P. Alexander, to make to the clerk of the superior 
court of said county within 10 days after the 1st day of May, 1920, a certified 
list of the persons who had paid their poll tax on or before said date, and for 
other and various reasons herein set out, and which will be proved in the course 
of the hearings allowed herein by law, the contestant, James 1. Campbell, asks 
that the entire vote cast both for him and for the contestee, Robert L. Doughton, 
in the said two counties of Rowan and Iredell, in said district, be rejected, 
thrown out, and not counted as a part of the vote cast at the said election in 
said congressional district. 

CONCLUSION. 

That because of the foregoing allegations herein made, and of other anti 
further proofs of irregularities in said election, resulting in the unlawful en¬ 
hancement of the vote of the said contestee, Robert L. Doughton, and to the 
detriment of the vote of the said contestant, James I. Cjimpbell, the contestant, 
James I. Campbell respectfully submits that for the reasons herein given, and 

o 


57G95—21 



18 


CAMPBELL VS. DOUGHTON. 


Others which will be adduced in the course of the hearings herein provided by 
law, he was, on the 2d day of November, A. D. 1920, duly elected to a seat iu 
the House of Representatives of the Sixty-seventh Congress of the United 
States, for a term of two years from the 4th day of March, 1921. 

James J. Brii’t, 

A. E. Holton, 

Attorneys for Contestant. 


State of North Carolina, 

Rowan County. 

Personally appeared before me, J. E. Haynes, a notary public in and for said 
county, James I. Campbell, who, being by me duly sworn, says that he has read 
the foregoing notice and is familiar with the contents thereof; that the same is 
true, to the best of his knowledge, information, and belief, 

James I. Campbell, Contestant. 


Subscribed and sworn to before me this the 23d day of December, A. D. 1920. 
[SEAL.] ' J. E. Haynes, 

Notary Public, Rowan County, N. C. 

My commission expires Aug. 2, 1922. 


I hereby accept service of the foregoing notice of contest, and acknowledge 
receipt of a copy thereof, this the 25th day of December, A. D. 1920. 

R. L. Doughton, Contestee. 


Received December 24, 1920. 

Executed December 25, 1920, by leaving a copy of notice with R. L. Doughton. 

J. R. Rouman, D. M. 


! Exhibit A. 

1 

Dear Voter; The nineteenth amendment to the Constitution of the United 
States gives all women the right.of the ballot regardless of color, and we beg 
all the colored women of North Carolina to register and vote on November 2, 
1920. 

The time for Negroes has come. Now is our chance to redeem our liberty. 

We have been driven long enough. 

Apply to the registrar in your precinct to register. The books for registration 
open on September 30, and if you are refused, go at once to a Republican lawyer 
and start proceedings in the United States courts; don’t waste time with the 
State courts; the State courts are controlled by Democrats. 

Don’t be afraid; there are plenty of white Republicans that will help us. 

Tlie Democrats are divided over the tax revaluation and the governor’s fight 
in the primary. Thousands of Democrats will stay at home next November, 
and thousands of Page and Gardner Democrats will vote the Republican ticket. 

We are sure of capturing the State this time if only the colored women will 
do their duty. Register and vote; the white women of North Carolina will not 
vote, and while they sleep let the Negro be up and doing. 

When we get our party in power we can demand what we wish and get it. 

We hold the balance of power in Illinois, Ohio, Indiana, New York, and New 
Jersey. 

We are sure of electing a Republican President, one who will give us what 
we want. That is justice; but if we don’t elect a Republican Congress, his 
hands will be tied, and we have the chance here in North Carolina to elect a 
Republican Senator and over half of the Congressmen, 

With colorect women voting we can control the eastern counties and the 
industrial counties of the west, such as Forsyth, Guilford, Rowan, Davidson, 
Cabarrus, Stanly, Gaston, and Mecklenburg. 

All the white cotton-mill operatives of the State are going to vote the Repub¬ 
lican ticket this time. 

While the Democrats are divided is our time. Organize. Get the white Re¬ 
publican women and men to help you. They will if only you keep quiet about it. 

Have your meetings at night. 

When we get thousands of voters on the registration books the white Re¬ 
publicans of North Carolina and the South will be glad to do as their white 
brothers and sisters of the North and West—recognize us as their political 
equals. 


CAMPBELL VS. DOUGHTON. 19 

M e are bein^ backed by them now, but you know it is best for them to keep 
under cover for a while yet. 

Republicans have plenty of money, and you can get it to organize and proses 
cute Democratic registrars and judges of elections if they refuse to register 
the colored women and violate the nineteenth amendment to the Constitution 
of our glorious United States. 

Keep this a secret. Don’t let it get in hands of Democrats. 

Yours, for Negro liberty, 

Colored Women’s Rights Association tor Colored Women. 


Exhibit B. 

Lithograph of Ohio Republican nominees. (Omitted in printing.) 

ANSWER TO NOTICE OF CONTEST. 

I. 

To .James I. Campbell, 

Norwood, N. C.: 

The allegations in paragraph 1 of the notice in regard to age, residence, citi¬ 
zenship, and candidacy are admitted, and further in answer to paragraph 1 
the contestee says that the State board of canvassers is a bipartisan bo^y 
(Consol. Stat., 5993) and its rights and duties are fully and clearly prescribed 
by law (Consol. Stat., .5994, 5995, 5996, 5997). When the returns from the said 
eighth district were received by said State board of canvassers they appeared 
to be regular and lawful in every respect. Their accuracy, honesty, and suf- 
ticiency sttod unchallenged before said board, and therefore the State board, as 
in duty bound, ascertained and declared the result of said election in the eighth 
congressional district and certified same to the secretary of state (Consol, Stat., 
5997). It appearing from the results so ascertained and certified that R. L. 
Doughton had been duly elected to the Sixty-seventh Congress from the eighth 
North Carolina congressional district, the governor of the State issued to said 
Doughton a commission as required by law (Consol. Stat., 6008). The returns 
certified to said board show that in the election in said district on the 2d day 
of November, 1920, R. L. Doughton received 32,934 votes and James I. Campbeil 
received 31,856, giving said Doughton a majority of 1,078 votes. When the 
tabulations were made in the office of the State board of canvassers a clerical 
error was made which resulted in showing that in Rowan County the contestant 
had received 4,515 votes when in truth and in fact he had received 4,915, and 
this appeared in the returns certified from Rowan County. As soon as the 
contestee saw in the public press the majority credited to him by the State 
board of convassers he at once wrote to said State board and also to the chair¬ 
man of the Rowan County board of election calling attention to the error and 
stated that he did not want to be credited with a single vote not cast for him. 
Copies of said letters are hereto attached marked “ Exhibit A ” and “ Exhibit 
B.” Upon receipt of letter to it the State l)oard reexamined its work and dis¬ 
covered the clerical error above mentioned and made the proper correction. The 
contestee further avers that in Township No. 3, in Cabarrus County, he received 
135 votes, but by clerical error he was credited with only 125. This error is now 
freely admitted by the election officials and is by no one denied. With these 
corrections, the true majority of the contestee over the contestant upon the 
face of the returns is 1,088. 

Further answering paragraph 1 of the notice, the contestee says that in 1910 
he was the Democratic candidate in said eighth district against the Republican 
candidate, Charles H. Cowles, of Wilkes County, then a Member of Congress 
from said district, and in tbe election that year the contestee defeated the said 
Cowles by a majority of 759. In 1912 Wilkes County, which in 1910 gave a 
Republican majority of 1,185, had been eliminated from the district and in that 
year the contestee <lefeate<l his opponent, C. B. D. Reynolds, by a majority of 
3,102. In 1914 the contestee ran against F. A. Liimey, State chairman of the 
Republican executive committee, and its cjindidate for governor in 1916 and 
now its State chaii-man, and was elected over said Linney by a majority of 1,816. 
In 1916 said Doughton ran against H. S. Williams, who was then and now is 
the floor leader of the Republican Party in the General AssemblyOf North Caro¬ 
lina, and defeated him by a majority of 1,8.38. In 1918 the contestee again ran 



20 


CAMPBELL VS. DOUGHTON. 


against said F. A. Linney and was elected by a majority of 2,279. In none of 
these elections was the right of this contestee to a seat in Congress ever ques¬ 
tioned by his Republican opponent. The contestee has been elected to the Con¬ 
gress of the United States from the eighth North Carolina district six times 
and now for the first time his right to his seat is denied by his political 
opponent. 

All allegations in paragraph 1 not admitted herein are denied. 

II. 

The allegations in paragraph 2 of the notice that various methods of intimida¬ 
tion were practiced by friends, partisans, and adherents of contestee are denied. 
This contestee admits the allegations of contestant in said paragraph to the 
effect that the State convention of the Republican Party in North Carolina and 
its several congressional conventions and various county conventions declared 
that the policy of the Republican Party in North Carolina was to discourage 
the colored voters of the State from participating in the election, and that it 
was the settled purpose of the Republican Party to do whatever it could to 
keep them away from the polls. 

It is further admitted that Contestant .Tames I. Campbell publicly declared 
himself to be in favor of the proclaimed policy of the Republican Party as 
above set forth, and it is remembered that in one of the first speeches made by 
the contestant in the campaign at Lansing, Ashe County, the contestant said: 

“ I am in entire sympathy with the plans of the Republicans. We do not wish 
the Negro men or women registered or allowed to vote. If they are allowed, it 
will be the Democrats’ fault.” 

This speech was reported in the public press of the State and has never been 
denied and is in line with other speeches made by contestant throughout the 
campaign. 

The contestee does not profess to be acquainted with all the arguments, 
advertisements, circulars, pictures, cartoons, and other forms of propaganda 
employed in the campaign either by the Republicans or Democrats. The con¬ 
testant and contestee conducted a joint canvass throughout the district, and 
contestee expressed his opinions on the issues of the campaign in public debate 
face to face with his opponent, and said opponent never complained that con¬ 
testee did not fairly and courteously discuss the real issues before the people. 
With respect to circular letter marked “ Exhibit A,” the contestee says that 
he is informed that the same was published in a few of the papers of the State; 
that he knew absolutely nothing about its origin and had nothing to do with its 
publication and distribution and never used or referred to it at any time in the 
campaign. With respect to the picture attached to said notice and marked 
“ Exhibit B,” the contestee says that he had nothing to do with its origin, publi¬ 
cation, or distribution; that he is informed and believes that it contains some 
of the pictures of both white and colored candidates on the Republican ticket 
in the State of Ohio; and that it originated in and emanated from said State. 
That neither this contestee or his managers, or any friend or supporter of his. 
to his knowledge, had anything to do with the origin, publication, or dissemi¬ 
nation of the report reflecting upon the lineage of the Republican candidate for 
President. The contestee is informed and believes that this report was not 
circulated in the eighth congressional district during the campaign, and he 
empliatically avers that he, himself, knew^ absolutely nothing about it and was 
not and is not in sympathy with said report. The contestee is informed and 
believes that the contestant in this case is the first person of any prominence 
to give publicity to said report in the State of North Carolina, and contestee 
respectfully .submits that in giving publicity to a slanderous whisper against the 
blood and lineage of the President elect of the United States and making said 
report a matter of record in the Congress of the United States in order toi 
further his own personal and selfish interests, the contestant is violating all 
recognized rules of courtesy and common decency. 

It is respectfully submitted that all these allegations in regard to arguments, 
circulars, pictures, and cartoons are utterly irrelevant to the question at issue 
in this investigation, and are made for the purpose of beclouding the real issue. 
If the contestee were disposed to inject such matters into this controversy, he 
could allege and prove that the friends and supporters of the contestant cir¬ 
culated throughout the district the most vicious, false, and slanderous reports 
in regard to the public and private life of the President of the United States; 
that they sought to intimidate the voters by reporting that if the Democratic 
candidate for President should be elected that the boys would at once be 


CAMPBELL VS. DOUGHTON. 


21 


conscripted and sent overseas to fight in foreign wars, and that in the event 
of the death of any soldier that his body would at once be burned; that they 
appealed to the religious fears and prejudices of the people by charging that if 
the Democratic candidate for President should be elected all Protestant churches 
would be destroyed and the whole country turned over to the dominion of the 
Roman Catholic Church. But this contestee does not ask for any votes cast 
for his opponent to be rejected on account of the “ rawheads and bloody bones ” 
used by friends and supporters of the contestant to frighten the people from 
voting the Democratic ticket, this contestee realizing that such picturesque 
propaganda is an undesirable but wholly unavoidable feature of the average 
American political campaign. 

Further answering the allegations in this paragraph, the contestee says the 
issues in the campaign were vital, and there was much interest and excitement 
largely because of the fact that women were for the first time participating in 
the elections, but this contestee emphatically denies that a single friend or 
Supporter of the contestant was kept from voting by threats, violence, or any 
other means of intimidation. On the other hand, the contestee alleges that the 
real intimidations made and practiced in the eighth congressional district were 
by the friends and supporters of the contestant. The contestee alleges and is 
prepared to prove that in some precincts in the counties of Caldwell, Watauga, 
Ashe, and Cabarrus women who were friends and supporters of the contestee 
and who desired to vote for him were prevented from registering or going to 
the polls on account of threats made, disturbances created, and actual physical 
violence exerted by the friends and supporters of the contestant, and further¬ 
more, the contestee alleges that in certain precincts in the counties above named 
election officials were forced by threats and actual physical violence on the part 
of the friends and supporters of the contestant to permit his friends and 
supporters to register and vote when they were not lawfully entitled to do so. 

All allegations in paragraph 2 not herein admitted are denied. 


III. 

The allegations in paragraph 3 of said notice are denied. This contestee 
alleges that the registrars and judges of the election were appointed in the 
way and manner required by the laws of North Carolina, and that they dis¬ 
charged their duties faithfully and efficiently. The laws of North Carolina 
require that one of the two judges in each precinct shall be a Republican recom¬ 
mended by the chairman of the Republican committee of the county in which 
he serves and that both of said judges shall be men of good moral character 
(Consol. Stat., 5969). The law requires that the registrar must be a man of 
good repute, and expressly stipulates that he may be removed at any time for 
just cause. The contestee is informed and believes that at no time during the 
campaign did anyone ask for the removal of any one of them as provided by 
law (Consol. Stat, 5929). The contestant, James I. Campbell, had a clear 
legal right to appear in person or by agents or attorneys before the registrar, 
the judges of election, county board of canvassers, and challenge the right 
of any person to register or vote, and to allege any errors, irregularities, and 
illegalities he felt justified in doing. The county canvassing board is a judicial 
body required by law to open and canvass the returns and judicially determine 
the number of legal ballots cast in each precinct for each officer (Consol. Stat., 
5986). Contestant James I. Campbell, as contestee, is informed and believes, 
never* made any complaint before said registrars, judges of election, or county 
canvassing boards, but permitted these officials to go forward and judicially 
canvass the returns and determine the results without a word of protest. The 
first complaint Contestant James I. Campbell makes is found in the notice served 
on this contestee 53 days after the election. 

It is emphatically denied that the registrars in the discharge of their official 
duties showed any partiality in favor of this contestee, but on the other hand 
exactlv the reverse is the truth. This contestee furthermore alleges that the 
said James I Campbell in numerous public speeches and in private conversa¬ 
tion all over the district took the position that all white people should be 
allowed to register and vote regardless of the educational qualifications pre¬ 
scribed by the constitution of North Carolina. 

Section 5968 declares: . , ^ • 

“All the provisions of this article, and all of the other election laws of this 
State shall be liberally construed in favor of the right of the elector to vote.” 

There was a general disposition on the part of the election officials to con¬ 
strue the Constitution and laws made in pursuance thereof liberally in favor 


22 


CAMPBELL VS. DOUGIITON. 


nf flip riirht of the people to vote as required by the statute above quoted. 

This fontestee does not desire to go hehind the 

of any voter to have his ballot «™'>ted _heo;u.se o > y ai e^ 


and upon suing Denina rne reiurns uinm . 

contrarv to his publicly declared position during the 

testee alleges and is prepared to prove that upon a strict constiuction of the 
Constitutim^ many, many times more electors were not qualihed vot^ 

for the contestant, James I Campbell, than tor the contestee, R. L. Doi ghton. 

It is denied that the election officials refused to permit friends of the cour 
testant, Janies I. Campbell, to inspect the poll books juid have copies of same 
as required bv law, and it is also denied that the registrar peimntted pel sons 
to register after the time for registration. Election laws ot ^orth Carolina 
bearing on this subject are found in Consolidated Statutes o9<2 and OOIG, as 

^^“5972. Registrar to attend polling places for challenges: It shall be the duty 
of the registrar to attend the polling place of his township or precinct with the 
registration books on Saturday preceding the election, from the hour of 9 
o’clock a. m. till the hour of 3 o’clock p. m., when and where the said books 
shall be open for the inspection of the electors of the precinct or township, 
and any of said electors shall be allowed to object to the name of any person 
appearing on said books. In case of any objection, the registrar shall, enter 
upon his books, opposite the name of the person so objected to, the word ‘ chal¬ 
lenged,’ and shall appoint a time and place, before the election day, when he, 
together with said judges, shall hear and decide said objection, giving personal 
notice of such challenge to the voter so objected to; and if for any cause per¬ 
sonal notice can not be given, then it shall be sufficient notice to leave a copy 
thereof at his residence: Provided, Nothing in this section shall prohibit anj 
elector from challenging or objecting to the name of any person registered or 
offering to register at any time other than that above specilied. If any person 
so challenged or objected to shall be found not duly qualified, the registrar shall 
erase his name from the books.” 


“ 6016. Penalty for refusing copy of poll books; Any officer who shall refuse 
to permit any candidate, or person qualified to vote, at his own expense, to 
have a copy of the poll books, shall forfeit and pay $200, one-half to the person 
who shall sue for same, and the other half to the use of the State. Such 
copy need not be given if the making interferes with the duty of the holder of 
the books.” 


This contestee is informed and believes and, therefore, avers that the elec¬ 
tion officials complied with these requirements in all respects and in many cases 
granted privileges to the friends and supporters of contestant not required by 
law. 

In further answer to paragraph 3, contestee says that after the nineteenth 
amendment to the Constitution was ratified no increased facilities for register¬ 
ing and voting were provided in North Carolina. The work of registrars and 
other election officials was enormously increased and the officers were kept 
busy in their efforts to afford the new electors an opportunity to register and 
vote. At a great expenditure of time and labor not required by law and for 
which they received no compensation, the officers succeeded in affording to 
every elector who desired to do so a full and free opportunity to register and 
to vote. For these unselfish and patriotic deeds they deserve all credit and 
praise instead of abuse heaped upon them by this contestant. 

As an evidence of the fairness with which the elections were conducted in the 
said eighth district, attention is called to the fact that the contestant, James I. 
Campbell, received a majority of the votes cast in six out of the nine counties 
of the said district. In a majority of the counties of the district the Repub¬ 
lican candidates for county offices and seats in the General Assembly of 
North Carolina were declared duly elected and are now holding their offices. 
In none of the counties of the district where Democratic candidates were elected 
has any defeated Republican candidate challenged the right of his opponent 
to hold office. James I. Campbell, contestant, is the only person. Democrat 
or Republican, in the entire eighth congressional district who is contesting the 
election of his opponent to a National, State, district, or county office. 

All allegations in paragraph 3 not herein admitted are denied. 


CAMPBELL VS. DOUGHTON. 


23 


IV. 

Ill answer to the allegations in paragraph 4 of the notice with respect to 
the failure of the sheriff of Iredell County to certify to the clerk of superior 
court of said county a list of persons who had paid their poll tax on or before 
May 1, 1920, as required by law, this contestee is informed and believes that 
there is a controversy about whether the sheriff of Iredell did or did not 
certify said list; but if he did not, then this contestee is informed and be¬ 
lieves that a list was not tiled because of the fact that in said county of Iredell 
there was a written agreement between the chairman of the Democratic com¬ 
mittee and the chairman of the Republican executive committee of said county, 
which agreement was originally proposed by the chairman of the Republican 
executive committee, that no elector in Iredell should be challenged or deprived 
of his right to vote on account of his failure to pay his poll tax. The con¬ 
testee is informed and believes and, therefore, avers, that the contestant, James 
I. Campbell, was subsequently and prior to the election advised of this writ¬ 
ten agreement and acquiesced in the same. In accordance with the above 
agreement, no elector’s right to vote in Iredell was questioned on account of 
his failure to pay poll tax. The contestee is advised that the chairman of the 
Republican executive committee of Iredell and other prominent Republicans 
in said county are still insisting that this “ gentlemen’s ” agreement must be 
kept in good faith. In Iredell all Republican candidates for county offices 
and for seats in the General Assembly of North Carolina were defeated, but 
not one of them is seeking to convert his defeat into a victory by taking advan¬ 
tage of this agreement. 

This contestee does not now desire to go behind the returns and have the 
vote of any elector in Iredell County rejected on account of his failure to 
pay poll tax, but if the contestant, James I. Campbell, shall insist, as he 
seems to do, upon an investigation of this question, in violation of the written 
agreement acquiesced in by him, then this contestee alleges and is prepared to 
prove that a very large number of persons in Iredell County voted for con¬ 
testant, James I. Campbell, without having paid their poll tax as required 
by law, and he demands that the votes of such persons shall be deducted from 
the number of votes cast for .James I. Campbell, contestant, in Iredell County. 

The contestee further avers that many persons whose names are mentioned 
by contestant as having voted for the contestee in Iredell without having paid 
their poll tax are over 50 years of age, or were under 21 years of age on May 1, 
3919, or were women and not subject to tax. A considerable number of others 
mentioned in said lists as a matter of fact had paid their poll tax as required 
by law, and some of the persons mentioned in said lists actually voted for con¬ 
testant, James I. Campbell. 

All other allegations in said paragraph 4 with re.spect to elections in Iredell 
that are. not herein expressly admitted are denied. Further answering said 
I)aragraph 4, with respect to Iredell, that among the persons in Iredell County 
who had not paid thir poll tax as required by law and voted for the contestant, 
James I. Campbell, are those whose names are set out in a list hereto at¬ 
tached, marked “ Exhibit C, Iredell County,” and made a part of this answer, 
the contestee alleges that there are many persons in Iredell County who voted 
for the contestant, James I. Campbell, without having paid their poll tax as 
required by law and whose names are not set forth on Exhibit C hereto at¬ 
tached, but these persons will be ascertained and a list of their names furnished 
contestant before the contestee of this case begins to take his testimony. The 
contestee alleges that when all persons who may have voted in Iredell County 
for the contestee, R. L. Doughton, and for the contestant, James I. Campbell, 
without having paid their poll tax as required by law shall be ascertained and 
their votes deducted from the votes credited to the respective candidates in 
the said county of Iredell that the majority of contestee in Iredell will be 
largely increased. 

With respect to the allegations in paragraph 4 that certain electors in Rowan 
County voted for the contestee without having paid their poll tax as required 
by law, this contestee avers that he has carefully examined the list of persons 
furnished and has ascertained that a very large percentage of them have either 
paid their poll tax or were not liable for the payment of poll tax, and, therefore, 
he denies the allegations with respect to electors in Rowan County in toto and 
denuinds strict proof in regard to same. 

And further answering the allegations with respect to electors in Rowan 
County, this contestee alleges that a large number of persons in Rowan, to wit, 


24 


CAMPBELL VS. DOUGHTON. 


700 or more, voted for the contestant, James I. Campbell, without having paid 
their poll tax as required by law, and this contestee demands that the votes of 
such persons be deducted from the number of votes credited to James I. Camp¬ 
bell, contestant, in Rowan County. Among such persons are those set out in 
the list hereto attached, marked “ Exhibit D, Rowan County.” 

The contestee expects to be able to discover still other persons in Rowan 
County who voted for the contestant without having paid their poll tax as re¬ 
quired by law. Lists of such persons will be furnished said contestant from 
time to time before the contestee commences to take testimony in the case. 

Allegations in paragraph 4 in regard to nonpayment of their poll tax by cer¬ 
tain electors in Peak Creek precinct, Ashe County, are denied. 

David Penington was a soldier in the World War. He was sent overseas 
and participated in the great battle that broke the Hindenburg line. In this 
flght he was wounded and after the armistice he received an honorable dis¬ 
charge from the Army and returned to his home in Ashe County, paid his poll 
tax on the 1st day of March, 1920, and holds a receipt from the sheriff of Ashe 
County for the same. 

John C. Richardson was more than 50 years of age on May 1, 1919, and was 
not liable for poll tax. J. A. Richardson tendered the amount of his poll tax 
to the sheriff of Ashe on the 1st day of May, 1920, and was informed by the 
sheriff that there was no tax charged against him. Everett I^yle paid his poll 
tax as required by law, and is on the paid list certified by the sheriff to the clerk 
of the superior court. 

And further answering this, contestee says that in Peak Creek precinct, in 
Ashe County, Jacob Wyatt and others voted for the contestant, James I. Camp¬ 
bell, without having paid their poll tax as required by law, and that Thomas 
Roberts voted for said contestant without being properly registered. 

All allegations in paragraph 4 that certain electors in Caldwell County voted 
for contestee without having paid their poll tax as required by law is denied, 
and the contestant will be held to strict proof of the same. The contestee is 
informed and believes that the persons named in this allegation with respect to 
Caldwell were soldiers of the World War and were exempt from poll tax by 
reason of an order by the Board of County Commissioners of Caldwell County, 
made on July 9, 1917, as follows: 

“ It was ordered that all persons who were ordered to serve in the Army or 
volunteered for service be exempted from the payment of poll tax in the year 
1917 and for the duration of the war.” 


The above order is in harmony with the act of Congress staying execution 
against soldiers for debts, and the contestee is informed and believes that a 
similar order was made by the boards of county commissioners in all of the 
counties in the district. 

Further answering the allegations with resiiect to Caldwell County, this con¬ 
testee alleges that a number of persons in said county voted for the contestant 
without having paid their poll tax as required by law, and he demands that the 
votes of such persons be deducted from the vote credited to the contestant 
Jarnes I. Campbell, in Caldwell County. Among such persons are those set out 
marked “ Exhibit E, Caldewll County.” Names of other such persons 
will be furnished to the contestant from time to time and before the contestee 
commences’to take testimony in this case. Further answering the allegations in 
regard to Caldwell County, the contestee alleges that in South Lenoir precinct 
in said county W. K. Setzer and J. H. Johnson, who were not lawfullv regis¬ 
tered voted tor the contestant, Janies I. Campbell, and their votes should he 
rejected M ith respect to the election in Caldwell, the contestee further avers 
^ If Wilson Creek Township 34 electors cast their votes, of which number 21 
v( ted for Doughton and 11 for Campbell; two electors did not vote in the con¬ 
gressional box. In some way the returns from this precinct were lost or de¬ 
stroyed and the vote in said precinct was not considered or counted bv the 
Board of County Canvassers of Caldwell. On this account R. L. Doukhton 
tailed to get ciedit for a majority of 10 votes which he actually received in said 
precinct, as will he shown in the hearing, and he insists that this nviioritv nf 
10 should be added t„ the .najorlty credited to hint l" tll^^ dl “trlct ' 

Allegations in paragraph 4 not herein admitted are denied. 


The alleptions in paragraph 5 of the notice with respect to the ahsentp 


CAMPBELL VS. DOUGHTON. 


25 


The alleviations in paragraph 5 of the notice with respect to the absentee 
voters in the county of Iredell are denied and the contestant will be held to 
strict proof of the same. 

The allegations in paragraph 5 of the notice with respect to the absentee 
voters in the county of Caldwell are denied and the contestant will be held to 
strict proof of the same. 

The allegations in paragraph 5 of the notice with respect to the absentee 
voters in the county of Stanly are denied and the contestant will be held to 
strict proof of the same. 

Further answering the allegations in said paragraph with respect to delays 
and hindrances in Furr and Big Lick township, the contestee denies these alle¬ 
gations and avers that exactly the reverse is the truth. In this precinct the 
Republicans outnumbered the Democrats three or four to one. In each of these 
precints the election was held in a small house without a window. It was 
a rainy, cloudy day, and the friends and supporters of the contestant, James 
I. Campbell, swarmed in the house, crowded around the election officials so 
that it was impossible for them to see or work with intelligence and dispatch, 
blocked the way to the polls, rushed over the baliffs, and in Big Lick township 
there was a preconcerted movement on the part of the friends and supporters 
of the contestant to rush to the polls and prevent the friends and supporters 
of the contestee from voting. On account of the great confusion, interruptions, 
and disturbances created by the friends and supporters of the contestant!, 
many friends and supporteers of the contestee, who were present and desiring 
to vote for him, were prevented from doing so. Among these are the persons 
mentioned in the list hereto attached marked ‘ Exhibit F, Stanly County,” and 
made a part hereof. Contestee alleges that in Center precinct, Stanly County, 
Mrs. Bell Furr, Rev. Duncan Seagrave, B. R, Bittle, and J. R. Carpenter, who 
were nonresidents of Stanly County, voted for contestant, and their votes 
should be rejected. 

In Furr township the registrar started to the place of election in full time 
to get there by sunrise, but his automobile broke down and he was delayed 
for one-half hour, but he held the polls open for an half hour after sundown, 
thereby giving a full election day in which to vote. 

All allegations in paragraph 5 of the notice not admitted herein are denied. 


VI. 

That the allegations in paragraph 6 of the notice with respect to error in 
the tabulations of the returns from Rowan County are incorrect to the extent 
of one vote. The facts in regard to same are fully and explicitly set forth in 
the first paragraph of this answer. 


VII. 

Answering paragraph 7 of the notice, the contesteee says that section 5966, 
consolidated statutes, covers the law on the subject, and is as follows: 

“ 5966. Absent voter may sign name on ballot; ballots and certificates to be 
kept: In voting by the method prescribed in this article the voter may, at his 
election, sign or cause to be signed, his name upon the margin or back of his 
ballot or ballots, for the purpose of identification. The ballot or ballots bo 
voted, together with the accompanying certificates, shall be returned in a sealed 
envelope by the registrar and poll holders, with their certificates of the results 
of the election and kept for six months, or, in case of contest in the courts, 
until the results are finally determined.” 

Under this law only the ballots upon which the elector has signed his name, 
together with the accompanying certificate, are required to be returned by the 
registrar and poll holder and the contestee is informed and believes that the 
election officers performed their duties in this respect. 

Further answering this paragraph, contestee says that if election officers 
did fail to perform their duty in this respect, such failure was not consented 
to or acquiesced in by contestee or any one for him, and he earnestly contends 
that he can not be deprived of legal votes honestly cast for him on account of 
this or any other failure of an election official to perform any ministerial duty 

required of him by law. , ^ 

All allegations in paragraph 7 of the notice not admitted are denied. 


26 


CAMPBELL VS. DOUGHTON. 


VIII. 


Paragraph 8 of the notice contains no allegations of fact, but assumptions 
and conclusions, all of which are denied. In further reply to said paragraph, 
contestee says that the counties of Iredell and Rowan contain as tine a type 
of citizenship as can anywhere be found. The people of these counties are of 
the blood and bone that have made this Nation great, and to cast out all their 
ballots and brand them with dishonor on account of the vague, tlmsy, and 
groundless charges made in this case would be an unjust denial of their sacred 
political rights and a cruel and causeless stigma on their good name. 

And in further reply to said paragraph contestee says that in the campaign 
of 1920 the issues, State and National, were of vital and far-reaching im¬ 
portance and great public interest and tremendous party enthusiasm were 
aroused. The administration of the comparatively new but wise and just ab¬ 
sentee voting law and the eleventh-hour entrance of women into the contest 
placed a heavy strain on the election machinery. These conditions resulted in 
some errors and irrigularities, but none of these denied or abridged the sacred 
and fundamental right of the elector to cast his ballot and to have that ballot 
counted. 

Furthermore, this contestee is informed and believes that large sums of 
money were contributed by and through State and National organizations and 
by individuals to further the election of the contestant, James I. Campbell, and 
that he was supplied with almost unlimited agencies and facilities for placing 
his cause before the people of the district. On the other hand, no committee, 
no organization, and no individual contributed or was asked to contribute a 
single dollar to further the election of this contestee. This contestee solemnly 
avers tha{ he made a clean, honest light for a seat in Congress; that not once 
did he strike below the belt, but always straight from the shoulder; that in 
spirit as well as in letter he kept the law of the land; that he is the free-willed 
choice of the electors of his district and awaits the judgment of Congress with¬ 
out doubt and without fear. 

T. W. Bickett, 
Attorney for Contestee. 

North Carolina, Rowan County. 

Personally appeared before me W. T. Busby, notary public in and for said 
county, R. L. Doughton, who, being duly sworn, says: 

That he has read the foregoing answer and is familiar with the contents 
thereof, and'that the same is true of his own knowledge save as to matters 
stated on information and belief, and as to such matters he believes it to be 
true. 

R. L. Doughton. 

Sworn to and subscribed to before me this the 21st day of January, 1921. 

(Witness my hand and notarial seal.) 

[seal.] \V. T. Busby, 

Notary Public. 

My commission expires February 20, 1922. 


I, James I. Campbell, hereby accept service of the within answer to my 
notice of contest, a copy of which has been delivered to me, this Januarv 22 
1921. 


Witness: J. H. Krider. 


James I. Campbell, 


Exhibit A. 


Hon. Wilson L. Lamb, 

Chairman Sate Board of Election, Raleigh, N. C. 


December 3, 1920. 


My Dear Sir : In regard to the returns from Rowan County I wish to ask 
you to scrutinize them carefully and see that they are regular in’every way and 
are properly signed by each member of the election board of that county 
I had information some time ago, which I considereil reliable, that my ma¬ 
jority was 1,467, and when I got to Raleigh last week and you informed me 
that the returns gaye me 1,768 I could not understand the matter. I certainly 
do not want to be credited with a single vote to which I am not entitled and 
would have had you look into the matter carefully the day I was there but you 
were so yery busy I could not ask you to take the time > ^ 


CAMPBELL VS. DOUGHTON. 


8 - 

27 


Assuring? you that I will appreciate any information you can give me on 
this subject, ami with kind personal regards, I am, 

Yours, sincerely, 


R. L, Doughton. 


Exhibit B. 


December 3, 1920. 


Chairman County Board of Elections, 

Roivan County, Salisbury, N. C. 


]\Iy Dear Sir : I am writing you for some information concerning the official 
vote in the (‘oiigressional election of your county. 

I was informed, from what I considered reliable authority, before the vote 
was canvassed at Raleigh, that my official majority was 1,467. To my surprise, 
I found it was 1.768. 

I would appreciate any information you can give me about this matter in any 
way. I certainly do not want to be credited with a single vote to which I am 
not entitled and know your board would not intentionally do anytliing but what 
is regulai* and proper in every way. But, fearing there might be some mistake 
somewhere, and being impossible to reconcile the matter in my own mind in a 
satisfactory way, I am writing you for full information. 

Assuring you that I will greatly appreciate the courtesy of a prompt reply, 
I am. 

Respectfully, yours, 


R. L. Doughton. 


Exhibit C, Iredell County. 


Barringer precinct: 

Will Cook. 

D. E. Douglas. 

R. M. Gabriel. 

.1. C. Lipe. 

J, R. Lyles. 

M. C. McAlpine. 

M. C. Overcash. 

M. T. Overcash. 

E. D. Plyler. 

J. F. Smith. 

Arnold Templeton. 

Bethany precinct: 
Fletcher Bass. 
Walter Combs. 

Lester R. Cashion. 
William E. Harris. 

J. E. Johnson. 

W. G. .Johnson. 
Luther Lippard. 
Arthur Mayberry. 
Ben Myers. 

J. A. Mantz. 

Joe Stevenson (Col.). 
Chambersburg precinct: 

C. J, Allison. 

.T. W. Cornelius. 

L. A. Cox. 

F. D. Davis. 

D. L. Moose. 

C. O. Plyler. 

I. W. Plyler. 

Sam Rogers. 

P. Shaeffer. 

J. W. Shuford. 

C. H. Swink. 

J. E. White. 


Coddle Creek precinct No. 1: 
Ed Baker. 

Williford Ball. 

C. C. Baxter. 

H. C. Beaver. 

Floyd Benfield. 

Charlie Bentley. 

W. L. Christy. 

Hubert Corriher. 

R. L. Dowdy. 

S. V. Evans. 

J. W. Etchison. 

T. H. Fairchild. 

E. B. Gilbert. 

J. Mack Harris. 

Joe C. Horn. 

Robert Hubbard. 

G. A. Martin. 

Joe Messick. 

R. Sam Overcash. 

A. W. Pless. 

J. Lee Poston. 

J. P. Reinhardt. 

H. A. Sapp. 

Ernest Shoemaker. 

Ed C. Snipes. 

C. H. Steed. 

L. F. Walker. 

F. D. Weddington. 

M. B. We<ldington. 

J. H. Winecoff. 

Ed Young. 

J. L. Young. 

Will Yow. 

Coddle Creek precinct No. 2 : 
C. C. Annas. 

G. R. Ballard. 


Coddle Creek precinct No, 
2—Continued. 

J. C. Blackwelder, jr. 
N. S. Brawley. 

S. J. Brawley. 

Wilson A. Brown. 
Harvey Christy. 

C. C. Cook. 

G. C. Eads. 

J. E. Follett. 

Jesse L. Harwell. 

R. D. Honeycutt. 

L. C. Hudson. 

A. L. INIitchell. 

I. M. Overcash. 

W. W. Whitman. 

B. L. Wilhelm. 
Concord precinct: 

M. W. Bass. 

J. H. Benfield. 

G. A. Combs. 

Espie Dishman. 

L. C. Earp. 

Charlie .Tames. 

John Kerr. 

R. F. Lackey. 

John Meredith. 

W. M. Patterson. 

W. S. Poteat. 

Roy L. Redman. 
Charlie Sharpe. 

J. B. Woodsides. 

J. B. Wijcox. 

Cool Spring precinct: 

M. C. Alexander. 

W. T. Campbell. 

G. S. Cashion. 




28 


CAMPBELL VS. DOUGHTON. 


Cool Spring precinct—Con. Eagle Mills precinct—Con. Olin precinct—Continued. 


A. R. Cheek. 

Offie Garwood. 

E. L. Holton. 

W. F. Horton. 

J. I. Lowtharpe. 

R. L. McDaniels. 

C. G. Mason. 

W. F. Reavis. 

Dock P. Shoemaker. 

J. R. Starrette. 

J. C. Shoemaker, 

D. B. Summers. 

W. L. White. 

W. H. Wooten. 

Davidson precinct; 

C. G. Barnett. 
George Brown. 

H. C. Brown. 

G. S. Caldwell. 

W. M. Caldwell. 
Will Calloway. 

J. W. Carson. 

R. L. Carson. 

J. E. Cashion. 

W. L. Cashion. 

J. H. Covington. 

C. W. Dancey. 

F. G. Davidson. 

A. E. Dishman. 

Fred Eudy. 

H. W. Fisher. 

John Hager. 

F. W. Henderson. 

J. A. Honeycutt. 

M. F. Isenhour. 

N. D. Johnson. 

W. G. Johnson. 

C. V. Jones. 

L. M. Karriker. 

R. L. Karriker. 

M. T. McCraven. 
Clinton Mayhew. 

C. T. Mayhew. 

R. S. Mayhew. 

J. T. Reid. 

Marshall Rimmer. 

A. G. Robinson. 

C. L. Sherrill, 

J. L. Sherrill. 

A. G. Tolbert. 

W. L. Wentz. 

Avery Wilson. 

J. T. Whitlow. 

Eagle Mills precinct: 
Hobart Barnard. 

V. P. Barnard. 

W. L. Barnard. 

E. C. Bennett. 
Walton Boger. 

C. R. Brown. 

J. O. Cain. 

E. .T. Cain. 

T. M. Friesland. 

G. W. Harris. 

R. E. Holmes. 

Frank Hill. 

Henry Jenkins. 


E, S. Jones. 

L. F, Jones. 

J. W. Ireland. 

L. H. Ireland. 

H. W. Mullis. 

E. G. Reid. 

V. A. Shore. 

L. W. Sharpe. 

R. R. Spann. 

L. P. Templeton. 

M. D. Trivett. 
Fallstown precinct: 

Clyde A. Alley. 
Charles L. Barringer. 
Roland Benfield. 

C. A. Freeze. 

Allen Freeze. 

Vance Freeze. 

Harvey Goodman. 
Jason Hartsell. 

W. F. Hoke. 

Fred E. Lippard. 

A. C. Nantz. 

J. L. Sigmon. 

C. W. Slither. 

Everett F. Troutman. 

B. E. Troutman. 

J. M. Troutman. 

E. T. Troutman. 

New Hope precinct: 

L. L. Dishman. 

Rome Dison. 

Cloyd C. Fox. 

C. D. Holler. 

Leonard Jordan. 
Lyndolph Lewis. 
Gilpin McDaniels. 

K. D. Mayberry. 

J. G. Mayberry. 

Hoyt Millsaps" 

W. M. Moore. 

J. S. Redman. 

T. A. Redman. 

G. R. Shaver. 

J. S. Shoemaker. 
Rufus Shoemaker. 

F. G. Speaks. 

G. D. Speaks. 

R- B. Templeton. 

S. P. Turner. 

F. L. Williams. 

Olin precinct: 

L. C. Anderson. 

W. F. Barker. 

N. J. Barnett. 

J. A. Bowles. 

W. J. Caldwell. 

Silas Gregory. 

J. N. Harris. 

F. M. Hubbard. 

W. B. .Iordan. 

E. H. Money. 

J. A. Padgett. 

E. A. Pharr. 

Jolin Pharr. 

A. W. Sloan. 

R. A. Sherrill. 


M. A. Souther. 

J. T. Summers. 

E. S. Tilley. 

T. J, Tilley. 
Sharpesburg precinct: 

W. G. Barnett. 

K. P. Benge. 

E. L. Bowles. 

D. H. Houpe. 

J. K. Lambert. 

L. R. Lambert. 

W. K. Mason. 

J. C. Parker. 

J. F. Shoemaker. 

Ray Shoemaker. 

C. D. Snow. 

Sell Speaks. 

Shiloh precinct: 

A. C. Aldridge. 

L. B. Anderson. 

Peter Beam. 

E. D. Benfield. 

W. G. Benfield. 

A. M. Brown. 

Julius Byers. 

J. M. Cascaddon. 

M. L. Gant. 

J. E. Horton. 

Leonard Laws. 

W. R. Morrow. 

P. L. Pool. 

Thomas Putman. 

U. R. Roseman. 

H. E. Roseman. 

J. S. Rector. 

J. M. Sipe. 

Martin Sipe. 

D. E. Stewart. 

T. D. Stewart. 

G. P. Wilkie. 

W. H. Wright. 

Statesville precinct No. 1: 

E. C. Castevens. 

J. W, Dobson. 

L. S. Gilliam. 

Odell Gregory. 

Will Gregory. 

J. M. Holler. 

J. C. Kelly. 

F. H. Whiting. 
Statesville precinct No. 2: 

Joseph W. Barkley. 

R. B, Barkley. 

W. C. Bell. 

R. A. Caldwell. 

G. D. Cloer. 

Andy F. Laws. 

George L. Money. 

S. A. Pool. 

Russell Sherrill. 

C. L. Sowers. 

R. S. Sowers. 

A. P. Tharpe. 

S. J. Tharpe. 

C. W. Thomas. 

T. R. Tucker. 

W. A. Wilkinson. 


CAMPBELL VS. DOUGHTON. 29 


Statesville precinct No. 3 : 
Joe Brewer. 

A. B. Campbell. 

A. D. Campbell. 

C. H. Campbell. 

D. L. Campbell. 

J. B. Cashion. 

F. G. Claywell. 

S. M. Cline. 

J. T. Coleman. 

W. T. Colvert. 

Kay Compton. 

E. L. Dixon. 

C. E. Doiijjlass. 

J. B. Dowell. 

L. F. Dowell. 

B. M. Drum. 

C. F. Drum. 

C. C. Edwards. 

M. B. Edwards. 

P. W. Edwards. 

E. G. Gabriel. 

IMack Goodin. 

J. C. Heath. 

J. C. Hildebrand. 
Albert Holton. 

D. C. Ingle. 

L. P. Jordan. 

R. B. Kestler. 

Troy Keller. 

B. H. Kirkman. 

B. L. Lambert. 

K. L. Lapish. 

R. L. Lapish. 

F. C. Ladd. 

E. F. Levan. 

I. A. Lingle. 

J. T. Lippard. 

J. F. Mason. 

Cap Mayberry. 

J. W. Messick. 

R. W. Mills. 

C. L. Mullis. 

J. P. Myers. 

C. E. Pharr. 

W. R. Pool. 

G. C. Pool. 

•Toe Powell. 

D. T. Price. 

' C. R. Queen. 

1 L. T. Queen. 

K. L. Raymer. 

B. F. Reavis. 

J. R. Reavis. 

J. W. Reavis. 


Statesville precinct No. 

3—Continued. 

O. S. Rector. 

B. H. Reid. 

S. A. Sharpe. 

R. W. Shaw. 

F. N. Sisk. 

Welborn Sipes. 

N. N. Smoot. 

C. L. Snow. 

J. W. Steelman. 

W. A. Travis. 

Burge Troutman. 

D. L. Troutman. 

H. L. Vaughan. 

E. B. Waugh. 

S. R. Waugh. 

David Weatherman. 
Lee White. 

J. C. Wilhelm. 

, J. L. Williams. 

G. H. Winecoff. 
Statesville precinct No. 4: 

B. A. Bellinger. 

A. R. Bost. 

J. H. Bost. 

W. C. Bost. 

J. D. Bowie. 

B. L. Bunton. 

J. S. Bunton. 

E. S. Campbell. 

Otis Carson. 

W. G. Carter. 

F. C. Chapman. 

P. P. Drum. 

J. B. Edwards. 

O. C. Goble. 

D. W. Gryder. 

J. H. Gryder. 

B. S. Henderson. 

T. M. Henderson. 

J. H. Hepler. 

M. C. Hughey. 

J. F. Jackson, jr. 

E. D. James. 

Irving James. 

O. M. Johnson. 

J. C. Jurney. 

W. T. Kilpatrick. 

H. C. McLain. 

O. M. Moose. 

J. A. Norris. 

J. L. Pierce. 

J. A. Pippin. 

R. L. Reavis. 


Statesville precinct No. 
4—Continued. 

J. A. Reid. 

C. R. Riddle. 

U. A. Sloan. 

I. L. Snead. 

S. M. Sloan. 

S. N. Welborn. 

E. L. White. 
Turnersburg precinct: 

J. W. Beckham. 

G. W. Foard. 

C. L. Galliher. 

C. H. Galliher. 

John Galliher. 

P. M. Gregory. 

E. E. Harmon. 

W. A. Renegar. 

C. S. Sloan. 

J. E. Stine. 

R. W. Stroud. 

W. W. Stroud. 

R. J. Williams. 

Union Grove precinct: 

M. L. Bussell. 

A. M. Campbell. 

E. A. Campbell. 

Silas Campbell. 

D. F. Dowell. 

J. W. Elmore. 

Carl Fraley. 

E. W. Harris. 

L. C. Hembricks. 

J. W. Haynes. 

A. F. Holcombe. 

Q. T. Holland. 

J. F. Johnson. 

H. A. Jurney. 

Royd Madison. 
Furches Messick. 

S. V. Mitchell. 
Burette Money. 
Tommy Mullis. 

S. A. Pardue. 

Clyde Pharr. 

D. C. Pharr. 

W. P. Pinnix. 

Turner Privett. 
Clarence Rash. 

C. A. Reavis. 

Mr W. Reavis. 

Glenn Templeton. 
Lester Templeton. 

B. A. Williams. 


Exhibit D, Rowan County. 


East ward precinct: 

Earnest Black welder. 

L. B. Shulenberger. 
Will Hartley. 

J. H. Hartley. 

T. W. Smith. 

Louis Honbarripr. 


East ward precinct—Con. 
G. H. Peacock. 

C. A. Hess. 

David Kincaid. 

W. G. Harrill. 

W. G. Harvell. 

E. B. Dennis. 


East ward precinct—Con 

R. W. Fink. 

S. W. Ludwick. 

I). M. Bradshaw. 

Jess Inniss. 

L. R. Russell. 

R. R. Gooilson.. 



30 


CAMPBELL VS. DOUGHTON. 


East ward precinct—Con. 
Luther Hagler. 

E. M. Keith. 

R. B. Beck. 

Harvey A. Holmes. 

E. M. Shaw. 

W. H. Kirk. 

Pink Whitman. 

W. C. Brown. 

C. H. Brinkle. 

E. R. Allgood. 

J. H. Allgood. 

W. H. Curlee. 

John Howard. 

J. L. Menius. 

W. C. Howard. 

J. N. Jones. 

North ward i;)recinct: 

S. O. Sowers. 

C. B. Wyatt. 

P. C. Wood. 

.John Boyd. 

G. D. Atwell. 

M. L. File. 

R. H. Pearson. 

W. R. Porter. 

John L. Rendleman, jr. 

F. H. Kohlass. 

R. A. Kohlass, jr. 

F. V. Garret. 

Lee Atwell. 

B. J. Weisner. 

J. R. Cress. 

South ward precinct: 

L. H. Honbarger. 

J. A. Burton. 

L. C. Wilson. 

C. L. Gaskey. 

J. A. Holt. 

Robert Evans. 

.Tohn Bassinger. 

C. W. Bingham. 

R. L. Gantt. 

L. F. Barbee. 

J. R. Gentle. 

R. E. Holbrooks. 

L. Y. Propst. 

C. A. Earnhardt. 
Rabbit Lingle. 

K. T. Gillis. 

W. J. McDanieh 
J. M. Shives. 

H. L. Simerson. 

L. L. Mowerj\ 

Leon Henderson. 

L. S. Graber. 

A. S. Croon. 

N. T. Wade. 

Henry W. Johnston. 
Roscoe AVilliams. 

Spencer precinct: 

A. S. Walton. 

R. Gray Sowers. 

H. M. Hudson. 

B. S. Garret.' 


Spencer lu-ecinct—Con. 

R. F. Litaker. 
Council Brandon. 

L. F. Birch. 

J. J. Isely. 

J. H. Groosman. 
John Kennedy. 

W. G. Simerson. 

P. P. Holt. 

Davie Gheekie. 

D. R. Koontz. 

T. S. Beaver. 

F. F. Cornelius. 

H. H. Beck. 

S. H. Gordon. 

R. B. Snider. 

R. H. Bingham. 

H. H. Henderson. 

R. H. Atwell. 

M. L. Letter. 

W. F. Beck. 

J. W. Allman. 

J. E. Allman. 

E. E. Scruggs. 

S. E. Birch. 

R. A. Gobble. 

F. D. Lingle. 

W. L. Keply. 

S. F. Brandon. 

H. D. Walser. 

E. E. Stutts. 

J. H. Eller. 

S. AV. Robinson. 

L. H. AVatson. 

O. B. Eller. 

H. A. Swain. 

J. H. Ribelin. 

A. R. Rimer. 

R. R. Hendron. 

D. A. Hackney. 

R. J. Hudson. 

J. F. Crook. 

AV. M. Freeland. 

J. C. Agner. 

East Spencer precinct: 
A. C. A^anhov. 

R. A. Pethel’. 

James W. Allred. 

A. C. Calicutt. 

J. J. Forest. 

AV. A. Riddings. 

E. S. Holt. 

Jacob R. Pethel. 
Charles H. Gray. 

J. M. L. Kluttz. 
AA^alter Hill AVilson. 
Jacob F. AA^ilson. 
Henry AAJlson. 

A. AV. Gray. 

G. H. Roger. 

Charlie Hargrave. 
Bradley Hargrave. 
Joe AV^ilson. 

Gold Hill precinct: 
Archie Scott. 

B. F. Martin. 


Gold Hill precinct—Con. 

G. V. Johnson. 

Sephus Miller. 
Richard Leonard. 
Adam Kirk. 

Engene Ridenhour. 
Sam Smith. 

Arch Scott. 

John Hill. 

Lee Brown. 

Calvin C. Shipton. 
Stokes Ingram. 

AV. F. Leonard. 

P. T. Goodman. 
Grover Leonard. 
Hatter’s shop precinct: 

C. F. Frick. 

J. S. Morgan. 

Oscar Poole. 

Ledford AValton. 

Heilig’s Mill precinct: 

M. E. Goodman. 
Charles Yost. 

L. H. Koon. 

AV. T. Goodman. 

E. B. Goodman. 

R. L. Goodman. 
George AV. Bassinger. 

S. A. Pink. 

W. AV. Artz. 

H. D. Brown. 

John AV. Bost. 

B. L. Peeler. 

R. L. AA'ard. 

J. C. Gantt. 

J. AVill Safrit. 

AV. C. Gantt. 

H. L. Gantt. 

AV. M. Rogers. 

D. C. Peeler. 

C. M. .Tones. 

B. L. Peeler. 

George AI. Shuping. 

Boston X Roads precinct: 
Earnest Morris. 

J. L. Irvin. 

R. R. Funderburk. 

AV. .T. Stirewalt. 

AA^. A. Brown. 

AA’’. A. Overcash. 

G. C. Bostian. 

Charles Ketner. 

G. A. Rimer. 

' Billie AValter. 

Banks Shuping, 

E. L. Stirewalt. 

James A"ost. 

Adam Brown. 

C. A. Deal. 

Charlie Roseman. 

H. G. Smith. 

M. L. Overcash. 

M. A. Overcash. 

G. L. Stirewalt. 

L. xV. Richie. 

J. L. Lippard. 


CAMPBELL VS. DOUGHTON 


31 


Boston X roads pre¬ 
cinct—Continued. 
Clnns. Bostian. 

A. T. Ketner. 

I. W. Bassinger. 

W. Ward precinct: 

C. G. Harts. 

Annis Wasliberg. 

J. E. Mesimer. 
Alfred Nestman. 
Cland Ramsey. 

G. L. Pile. 

David Lott. 

W. B. Hinceman. 

J. R. Riley. 

Love Hopkins. 

P. L. Minenheimer. 

L. B. Cress. 

S. A. Miensheimer. 
W. J. Graham. 

J. M. Giipton. 

Geo. Harrison. 
Spencer Foster. 

R. W. Brotherton. 
J. F. Dudley. 

C. B. Leazer. 

E. D. Russell. 

B. M. Borum. 

E. L. Ke. 2 :gle. 
Gordan Blair. 

I. Gosney. 

Cicero Poole. 

Milas Hooks. 

D. M. Johnson. 
Robt. Long. 

Louis Roseman. 

J. E. Womhle. 

J. R. Foster. 

F. W. Fuller. 

.T. M. Fletcher. 

C. M. Hughes. 

R. F. Richie. 

W. D. Thompson. 

A. H. Peeler. 

J. L. Stiller. 

C. F. Wise. 

M. D. Horne. 

D. H. Bean. 

B. C. Spurlock. 

T. E. Innis. 

J. G. Frick. 

C. A. Hughes. 

J. P. Cofield. 

L. M. Wagner. 
Ambrose Sharp. 

J. M. Correll. 
Walter Mesimer. 

W. R. Kepley. 

D. E. Daniel. 

H. L. Oswalt. 

Sam Ramsey. 

B. A. Hoffman. 

E. L. Eagle. 

L. L. Goodman. 

C. H. Sherwood. 

M. C. Barnhardt. ' 

A. S. Parks. 


China Grove precinct: 

R. M. Ritchie. 

C. H. Lucas. 

S. G. Setzer. 

C. D. Myers. 

W. W. Farrington. 

B. K. Bostian. 

E. S. Deal. 

E. L. Wagner. 

G. M. A. Propst. 

J. W. Sides. 

D. M. Linn. 

W. F. Walker. 
Albert Stirewalt. 
Henry Roseman. 

C. E. Blackwelder. 
John P. Beaver. 

L. F. Beaver. 
James Adams. 

C. E. Wagner. 

L. T. Beaver. 

Gosh. M. Beaver. 

S. J. Fagot. 

Grover Beaver. 

F. H. Linn. 

D. W. Myers. 

R. T. Funderburk. 

L. R. Roger. 

C. C. Paggott. 

C. C. Broadway. 
Roy A. Heilig. 

C. L. Bassinger. 

J. T. Goodman. 

W. L. Sheppard. 

W. E. Beaver. 

H. A. Stirewalt. 
France Cress. 

Landis precinct: 

S. B. Waller. 

Lee Fox. 

C. M. Cook. 

Grover Cook. 

B. B. Shankle. 

.T. I. Williams. 

P. C. Pethel. 

Carl Sherrill. 

M. P. Bowles. 

M. E. Bowles. 
Lomie Bowles. 

R. W. Sherill. 

J. W. Parton. 

Pink Pethel. 

V. A. Preson. 

J. C. Fink. 

V. E. Overcash. 
Claud Hamilton. 

G. A. Slaugh. 
Ralph Fesperman. 

R. B. Childers. 

J. S. Brady. 

Babe Moss. 

S. J. Curlee. 

Will H. Moss. 

E. V. Covington. 

C. M. Allen. 

J. E. Deal. 

A. W. Davolt. 


Landis precinct—Con. 

J. P. Ledbetter. 

J. N. Reel. 

Fred Thornberg. 

M. S. Caskey. 

Claud Merritt. 

L. V. Elliot. 

Millard Thompson. 

W. B. Corriher. 

C. T. Slaugh. 

E. G. Overcash. 

T. L. Thompson. 

Lon Cooper. 

W. A. Weaver. 

A. R. Bradshaw. 

W. P. Kizer. 

M. M. Cartner. 

J. I. Bradshaw. 
Wilburn Long. 

Joe Overcash. 

Oscar Alexander. 

F. H. Upright. 

C. C. Wagner. 

R. G. Ritchie. 

Avner C. Thomas. 

A. H. Beaver. 

Steele precinct: 

H. S. Plyler. 

J. T. Kluttz. 

G. F. Arthers. 

D. P. Beard. 

J. M. Upright. 

C. A. Bloom. 

J. B. Rex. 

J. A. Safrit. 

T. A. Litaker. 

Mitch Green. 

Floyd Carr. 

C. F. Graham. 

A. D. Lentz. 

S. J. Lentz. 

Rockwell precinct: 

Wm. E. Cozart. 

B. A. Fesperman. 

W. B. Wagner. 
Topsey Lyerly. 

L. A. Lyerly. 

C. R. Pless. 

Ray P. Lyerly. 

W. T. Reed. 

S. O. Abernethy. 

G. Walter Peepler. 

J. L. Holshouser. 

A. L. Rhinehart. 
Bradshaw precinct: 

C. M. Morgan. 

M. A. Bassinger. 

W. A. Bassinger. 

C. L. Smith. 

J. V. Smith. 

Herbert Poteet. 

J. C. Bostian. 

L. E. Carr. 

C. J. Smith. 

C. W. London. 

James H. Fesperman. 
J. B. Caldwell. 


32 CAMPBELL VS. DOUGHTON. 


Bradshaw precinct—Con. 
Horace Graham. 

John W. Wilcox. 
Grants Creek precinct: 

G. G. Bassinger. 

Berry Strieker. 

Ivey R. Bassinger. 

Ivey J. Leazer. 

G. H. Gentle. 

J. M. Kary. 

J. H. Whirlow. 

T. E. Smith. 

L. H. Gaskey. 

J. A. Gaskey. 

R. L. Gaskey. 

W. W. Gaskey. 

C. W. Watson. 

I. R. Kresz. 

W. L. Overcash. 

Bost MiU precinct: 

M. E. Petrey. 

C. J. Correll. 

T. H. Holman. 

L. A. Barger. 

E. A. McDaniel. 

E. E. Shoaf. 

J. J. Leob. 

A. B. Broadway. 

J. B. Graham. 

C. K. Wise. 

J. E. Wise. 

H. H. Hotkins. 

R. E. Cress. 

Jones F. Broadway. 
W. L. Brown. 

S. S. Stabler. 

J. B. Rice. 

West Kepley. 

Enochville precinct: 

Fred I. Moore. 

Jerome Sloop. 

Arch Bass. 

Walter Rogers. 
Clarence Rogers. 

L. O. Cavin. 

J. H. Honeycutt. 

E. F. Rogers. 

W. H. Kizer. 

J. A. Sherrill. 

F. H. Adams. 

G. L. Mack Overcash. 
G. M. Goodman. 

C. E. Watt. 

Edward F. Rogers. 
Clarence B. Rogers. 

I. A. Brigman. 

Peeler C. Rogers. 

J. T. Gardner. 

Ham Freeze. 

G. T. Herman. 

M. A. Blackwelder. 
Clark R. Overcash. 
Fred L. Karriker. 

Scotch-Irish precinct: 
Osker Hathcock. 

J. L. Smith. 


Scotch-Irish precinct— 
Continued. 

K. M. Chaffin. 

S. M. Hunicutt. 

G. C. Godfey. 

F. L. Campbell. 

D. N. Smith. 

B. G. Smith. 

G. P. Gentle. 

W. O. Hall. 

S. D. Reep. 

S. A. Rudicil. 

J. D. Osborne^ 

W. T. Catou. 

R. G. Davolt. 

Louis Overcash. 

N. S. Steel. 

A. E. McDaniel. 

L. C. Booe. 

R. O. McLaughlin. 

Bernhardts Mill precinct: 
J. H. Beaver. 

L. A. Troutman. 

C. M. Brown. 

Geo. Earnhardt. 

Wade Long. 

Willie B. D. Bost. 
Geo. Foust 

J. E. Mills. 

Unity precinct: 

J. T. Cartnor. 

G. W. McDaniel. 

G. O. Swicegood. 
Baxter Hamilton. 

A. L. Sherrill. 

Lonnie Safrit. 

J. F. Parks. 

J. R. Seamon. 

A. P. Shaver. 

P. K. Sain. 

J. H. McDaniel. 

C. L. Deal. 

P. H. Snider. 

L. F. Livengood. 

E. L. Bost. 

E. P. Ratledge. 
Cleveland precinct: 

F. R. Corbett. 

H. E. Hoover. 

C. B. Hoover. 

W. R. Little. 

O. A. Perkins. 

R. J. Johnson. 

Jason Huffman. 
Homer Parks. 

Sidney W. Chandler. 
Gus Ritchie. 

S. M. Goodman. 

T. L. Fox. 

John E. Kennedy. 
John F. Cain. 

O. J. Bost. 

Joe M. Bouner. 

J. E. Beeker. 

T. L. Beeker. 

Ray B. Miller. 


Cleveland precinct—Con. 
John Neely. 

John A. Lippard. 

John R. Marlin, jr. 

J. B. Lytle. 

W. W. Wilhelm. 

Odell M. Hair. 

J. A. Christie. 

Mount Ulla precinct: 

E. M. Edwards. 

J. R. Lefler. 

W. B. Lazenby. 

C. D. Moore. 

E. E. Plyler. 

J. C. Wilson. 

G. B. Erwin. 

S. C. McLaughlin. 

H. A. Birdsell. 

M, H. Belk. 

Clyde Winecoff. 

R. E. Miller. 

F. F. Miller. 

C. P. Miller. 

T. E. Eller. 

E. R. Brotherton. 

W. L. Wilson. 

W. P. Morton. 

B. E. Gray. 

R. G. Lorance. 

J. E. Wilson. 

Morgan No. 1 precinct: 
Luther Casper. 

L. M. Troutman. 

H. L. Treece. 

Calvin Eagle. 

Charlie Goodman. 
Grant Burrage. 

D. R. Arey. 

James E. Shaver. 
John Stoker. 

Granite Quarry precinct: 
William Smith. 
Murray J. A. Peeler. 
J. K. Smith. 

Leslie Allen Godwin. 
Marshall Hinceman. 

H. N. Safrit. 

M. L. Wyatt. 

C. P. Barringer. 

O. A. Lentz. 

A. L. Hall. 

D. Cauble. 

J. F. Parks. 

J. M. Honbarger. 

Cal Honbarger. 
Burley Kluttz. 

E. W. Kluttz. 

M. L. Wyatt. 

Chas. F. Brown. 

C. V. Bluster. 

J. Patterson Klein.- 

I. N. Lyerly. 

Rowan Academy precinct 

J. W. Holshouser. 

C. C. Bradley. 

W. C. Holshouser. 


CAMPBELL VS. DOUGHTON 


Kowan Academy pre¬ 
cinct—Continued. 

Geo. C. Park. 

Louis Trexler. 

W. B. Earnhardt. 

H. Earnhardt. 

E. L. Holshoiiser. 

J. N. Weaver. 

Albert Lee Beck. 

Geo. A. Barger. 

Lee Trexler. 

Aimer Waller. 

Grover Waller. 
Luther D. Kluttz. 
Morgan No. 2 precinct: 

M. L. Agner. 

\Vesle.v Agner. 

G. L. Bassinger. 
Joseph K. Bradley. 
John J. Bassinger. 
Walter Wyatt. 

Grant AVyatt. 


Morgan No. 2 precinct— 
Continued. 

E. J. Hodge. 

J. Tell Kluttz. 

J. Burns Trexler. 

L. L. Trexler. 

E. Tysinger. 

J. C. Williams. 

C. B. Wyatt. 
Franklin precinct; 

Tom Brinkle. 

Geo. Blackwell. 
Jacob F. Burg. 

Loyd Beck. 

R. N. Freeze. 

W. F. Crankfield. 

M. E. S. Dunn. 

J. F. Gillian. 

N. C. Eagle. 

E. F. Eagle. 

C. M. Hall. 

J. H. Hamilton. 


Franklin precinct—Con. 
W. M. Kluttz. 

G. G. Grubb. 

E. W. Hall. 

G. W. Hare. 

E. C. Keller. 

W. C. Lowder. 

G. C. Miller. 

Ezra Miller. 

AV. B. Maness. 

C. Y. Owens. 

J. K. Robinson. 

C. L. Hipp. 

S. C. Jones. 

J. H. Mowery. 

C. C. Pinkston. 

O. O. Rickard. 

S. W. Simerson. 

D. W. Wood. 

D. H. Watkins. 

M. P. Young. 


Exhibit E, Caldwell County. 


Lovelady precinct: 
Baker, E. A. 

Brooks, W. H. 

Craig, A. C. 

Haas, John E. 
Hulett, M. C. 

Kanipe, H. C. 

Laiel, Dennis. 
McKinney, Tom. 

, McLean, J. AV. 
Parch, G. G. 
Stafford, Poly. 
AVilliains, G. A. 
Lower Creek precinct: 
Bentley, C. P. 
Crump, L. H. 
Furgeson, Lawrence. 
Y'adkin A'alley precinct: 
Bryant, R. L. 

Day, James. 
Simmons, J. M. 


Yadkin Valley precinct— 
Continued. 

Shoe, Mansfield. 
Patterson precinct: 
Summerlin, AATll. 
AVatS'on, S. R. 
AVatson, M. E. 
Lenoir precinct: 

Bentley, Joe. 
Bentley, R. M. 
Creason, Willis. 
Curtis, Sam. 

Fox, Fillmore. 

Fox, J. B. 

Hamby, Henry. 
Holsclaw, T. L. 
Keller, Charlie. 
Kesiah, T. B. 

Safford, J. C. 
AValker, J. B. 
Barnett, J. C. 


Little River precinct: 
Anson, Robert. 
Hellar, Claude. 
Jackson, R. L., jr. 
Koonce, G. C. 
Haltabe, T. B. (B) 
Reid, Hugh M. 
Travis, J. T. 

Kings Greek precinct: 
Isbell, Hugh. 
Simmons, Pink. 
Wike, Cars'on. 
Mulberry precinct : 
Shehan, James. 
Summerlin, Collins. 
North Catawba precinct 
Elrod, George. 
Coffey, J. R. 

And others. 


Exhibit F, Stanley County. 


Big Lict precinct: 

E. A. Anderson. 

C. T. Austin. 

AV. B. Austin. 

Offe L. Austin. 

D. A. Brooks. 
Catherine Barnhardt. 
G. E. Crowell. 

D. E. Dry. 

Beady A. Dry. 

T. S. Eudy. 

C. L. Eudy. 

Cora A. Eudy. 


Big Lict precinct—Con. 

C. J. Forman. 

D. W. Griffin. 

Joe E. Hatley. 

A. A. Hatley. 

G. Lem Hahn. 

R. W. Hatley. 

R. Lem Hatley. 

Jap M. Hunnicutt. 
AV. A. Hahn. 

J. F. Howell. 

S. Jeff Harris. 

Ben F. Harris. 


Big Lict precinct—Con, 
Z. D. Hunnicutt. 
Bart F. Harris. 
Pearl B. Hill. 

V. L. Kennedy. 
Margaret Kennedy. 
J. M. Little. 

F. S. Little. 

M. C. Lowder. 
Sarah I. Little. 
Buelah C. Lowder. 
R. E. Smith. 

A. M. Tuter. 




34 


CAMPBELL VS. DOUGHTON. 


Big Lict precinct—Con. 
G. D. Tucker. 

T. J. Whitley. 

J. G. Whitley. 

J. L. Whitley. 

J. Tyler Whitley. 

W. E. Whitley. 

John W. Dry. 

Caleph F. Dry. 

And others. 

Furr precinct: 

S. A. Jenkins. 

Mrs. S. A. Jenkins. 
Webster Lee. 

Mrs. Webster Lee. 
Mrs. C. M. Love. 

Ora Love. 

Leach Baucom. 

Mrs. Leach Baucom. 
Mittie Love. 

. Hester Love. 

' Mollie Hartsell. 
Hester Hartsell. 
Lizzie Hartsell. 
W'ade Hartsell. 

John Tucker. 

E. B. Smith. 

Sam Hunnicutt. 


Furr precinct—Contd. 
Mrs. Millie Mills. 

R. C. Hunnicutt. 

J. T. Kennedy. 
William Love. 

Mrs. John Hunnicutt. 
Mrs. John Smith. 
Hoyl Tucker. 

C. Y. Taylor. 

Mattie J. Teeter. 

Mrs. Henry Tarleton. 
Mrs. William Love. 
Mrs. Alonza Smith. 
Ode Tucker. 

Mrs. Ode Tucker. 
Charles Barrier. 
Nezzie Nance. 

Frank Mason. 

Robert L. Mason. 
Samuel Mason. 

Carrie Love. 

Florence Love. 

J. C. Moss. 

Mrs. J. C. Moss. 

Lewis Helms. 

J. Tim Harnell. 

P. B. Hill. 

Patt Hill. 


Furr i)recinct—Contd. 
Henry Smith. 

R. L. Hunnicutt. 

Sam A. Hunnicutt. 
Arch Hunnicutt. 

T. W. Hunnicutt. 
Sarah Hartsell. 

Brade Hunnicutt. 
Ralph Hensell. 

Arch Hensell. 

H. P. Hartsell. 
Ramond Whitley. 

G. C. Love. 

Ralph Love. 

Loula Yow. 

Clee Love. 

Henry Endy. 

Thomas Rowland. 

Mrs. Thomas Rowland 
T. D. Love. 

Luca Canupp. 

Albert Canupp. 

Hebry McCray. 

John McCray. 

M. J. Carter. 

Arther Lee. 

Aaron Lee. 

Sam Love. 


TESTIMONY FOR CONTESTANT. 


Herein in the above-entitled cause opened in the county courthouse at 
Statesville, N. C., at 11 o’clock a. m., Monday, February 14 of the year 1921. 

Present on behalf of contestant: James I. Campbell, contestant, A. E. Holton, 
James J. Britt, and P. P. Dulin. 

On behalf of contestee: Robert L. Doughton, contestee, T. W. Bickett, Long & 
Jurney, W. D. Turner, L. C. Caldwell, Lewis & Lewis. 

Contestant offers in evidence copy of notice and service of James I. Camp¬ 
bell, contestant, upon contestee, Robert L. Doughton, served December 25, 1920, 
and duly returned, and asks that it be copied into the record. 

(This copy was not filed as an exhibit.) 

M. P. ALEXANDER, being called by contestant, testified as follows: 

' Direct examination by Mr. Beitt : 

Q. You are the sheriff of Iredell County?—A. Yes. 

Q. How long have you been sheriff of this county?—A. Four years last De¬ 
cember. 

Q. As such sheriff you are tax collector of Iredell County?—A. Yes. 

Q. As such was it your official duty to collect the taxes for your county for 
the tax year 1919?—^A. Yes. 

Q. State whether the poll taxes of persons between the ages of 21 and 50 
years are included as a part of the taxes that you collect in virtue of your 
office?—A. Yes. 

Q. State whether you did collect such taxes for the year 1919?—A. Yes. 

Q. I read into the record section 5945 of the Revisal of North Carolina of 
1905, as follows: “(Subhead) 1, of persons paying poll taxes prepared and 
served: It shall be the duty of every sheriff and tax collector, between the 1st 
and 10th days of May of each year in which a general election occurs, to cer¬ 
tify, under oath, a true and correct list of all persons who have paid their 
poll tax for the previous year on or before the 1st day of Mav to the clerk of 
the superior court, who shall within 10 days record the same" in a book to be 
provided for that purpose, keeping each township separate, and certify a true 
copy thereof to the chairman of the board of elections in such county.” 

(Objection by contestee.) 

Q. As the sheriff and tax collector of Iredell County did you make such cer¬ 
tified list, and, if so, of what date?—A. Yes; I made a list. 


CAMPBELL VS. DOUGHTON". 


35 


Q. Of what date?—A. My stenographer made it. I can’t give you the exact 
date, but she didn t make it no certain date, but she made it along the latter 
part of April—made it expecting to complete, and did finish it right after the 
1st of May. 

Q. Who was that?—A. My stenographer. Miss Eulalia McLelland. 

Q. Miss McLelland is a stenographer in your office?—A. Yes. 

Q. Is she under official commission?—A. i don’t know whether you would call 
it official commission. 

Q. Commissioned as a deputy sheriff?—A. Yes. 

Q. M as she so commissioned at that time? Please be a little more specific 
as to when this list was hied.—A. I never did say it was hied—I said it was 
made. 

Q. When was the completion of it made?—A. I can’t give you the exact date— 
about the hrst few days of May. 

Q. You don’t know when it was hied?—A. I don’t know that it was hied. 

Q. Did you state that it was filed?—A. No, sir; I did not. 

Q. Have you a copy of that list?—A. No, sir. 

Q. Was the coi)y completed?—A. Yes. 

Q. Where is it now?—A. I don’t know. 

Q. When did you hrst see it after its completion?—A. I can’t remember that. 
After this agreement was entered into—Mr. Hartness came into my office, and 
I don’t know that I ever hied it—didn’t know it was to be hied—had no idea 
there would be any question raised after the written agreement had been 
entered into—it had been done once prior to this. 

Q. Tell what you know and then explain anything you want to explain. I 
want you to be as specihc as you can, of course, in your statement as to whether 
the list was printed and as to whether it was hied and if so when?—A. I have 
answered that the best I know how to answer it—it was completed but whether 
it wase hied I can’t swear, 

Q. It was never hied to your knowledge?—A. I won’t be positive about that, 

Q. Did you ever swear to such report?—A. I don’t remember. 

Q. You don’t say you did swear to it?—A. Don’t say that I did or didn’t. 

Q. Have you at this time a correct official list of the voters between the ages 
of 21 and 50 who paid their poll tax prior to or on the 1st day of May, 
1920?—A. No, sir; I haven’t. 

Q. Have you any official records from which the information contained in 
my question may be obtained?—A. Yes; I have records, I think, from which 
you could get the c(u-rect list, I turned my books over to your associate, Mr. 
Dulin, and offered him my record, but he never did take it, 

Q. Will you either at this time or at some convenient time during the sitting 
of these hearings furnish for the record a list of such voters?—A. I will say 
this—I am sick myself, if I get better—I got out of bed to come down here. I 
can get it if I am able to do it—If I am not I can’t. 

Q. We will leave that duty subject to the condition of your health, and you 
prepare it for us during these hearings, which will probably last a week or 
more. There will also be rebutting hearings, if you can’t have them at this 
—but we propose them to go in the hearings at thq proper place. In 
what form did you give your acknowledgment of the payment of taxes 
in a written or printed form, or partly written or partly printed?—A. It was 
printed. 

Q. With the insertion of the amounts paid?—A. Oh, yes. 

Q. Did you keep a stub record of such acknowledgment?—A. No. 

Q.' What was the form of receipt book, if any, that you used in giving such 
receipts?—A. It was headed up in the proper form—I don’t remember the 
form. 

Q. Was it in tlie form of a book or loose form ?—A. Oh, no ; loose. 

Q.' Referring to your statement that you would give a certain data of your 
tax records to our associate counsel, Mr. Dulin, was this data your official 

_A. I gave him the tax books themselves, and then I have a record book 

that I keep it all posted, have it all on—that is what I offered him if he 

wanted it. , ^ ^ 

Q. Refresh your memory and see if you can not recall that this book from 

which you got these receipts contained stub record on which you made a brief 
account of the name of the payer and the record.—A. Certainly, they have a 
stub record_the little tax books—tear out the receipt and leave the stub in. 

Q That is a part of your official records, sheriff?—A. Yes. 

Q, Where are those stub records, now?—A. They are in the courthouse n 
Mr. Dulin brought them all back. I suppose he has. I didn’t look at them. 


36 


CAMPBELL VS. DOUGHTON. 


Q. They are in your office in the courthouse?—A. Yes; I suppose t^^y are 
there—I turned them all over to him, and I suppose he brought them all back. 

Cross examination for contestee, by Mr. Bickett: 

Q. Y'ou stated .lust awhile ago that you are certain you made out a list of 

those who paid tlie poll tax?—A. Yes. , , . ,, 

Q. And you are uncertain whether you filed that with the clerk of the court. 

A. Yes. 

Q. You started to explain why it was your mind was uncertain about that, 
explain it.—A. There was a written agreement entered into by the chairman of 
the Republican Party and the Democratic Party here that there \vould be no 
challenging on poll tax. Of course, I had no idea there would ever be a question 
raised about it, and I dismissed the list from my mind—paid no more attention 
to it—I don’t think the gentlemen will deny it. 

(Counsel for contestant objects to the testimony of the witness offered in con¬ 
nection with a certain quoted agreement, said to be in writing, unless said 
agreement is produced for the benefit of the hearing.) 

Q. State what that agreement was.—A. That there would be no challengiag 
bv either candidate on poll tax in the coming election. 

Q. Did you ever talk with the chairman of the Republican executive commit¬ 
tee on this question yourself?—A. Yes. 

Q. Did you ever hear him state there was such an agreement?—A. Yes. 

Q. Who was the chairman?—A. Mr. Sharpe. 

(Counsel for the contestant objects to the foregoing question for the rensoii 
that it is hearsay testimony.) 

Q. You heard the county chairman say that?—A. Yes. 

Q. Did you ever see that agreement yourself?—A. No, sir; I don’t recall that 
I saw it, but he told me and Mr. Hartness told me. 

Q. Did you ever hear the Democratic chairman say there was such an agree¬ 
ment?—^A. Yes; he came to me and told me. 

Q. Were you around the polls at any time during the election?—A. Yes. 

Q. Do you know of your own personal knowledge whether any human being 
was challenged on account of not having paid his poll tax?—A. Not a single 
one—no one was challenged. 

Q. That was in accordance with the agreement generally known among the 
people?—^A. Yes; we had had that agreement before. 

Q. Was that generally known throughout the county?—A. Yes. 

Q. And the election officers advised about it?—A. Yes. 

Q. And the people understood it?—A. Yes. 

Q. And acted upon it?—A. Yes; and acted upon it. 

Redirect examination for contestant, by Mr. Britt : 

Q. You say that you understood that there was an agreement between the 
respective county chairmen that there would be no challenges?—A. Yes. 

Q. You knew that these county chairmen could not waive the law?—A. No, sir; 
I didn’t know that. 

Q. You say this understanding was generally disseminated throughout the 
county?—A. Yes. 

Q. Do you know that of your own knowledge?—A. Yes; people in my office 
from different parts of the county talking about it. 

Q. What you mean to state is that you understood that it was generally 
known?—A. Yes. 

Q. You don’t know that of your personal knowledge except in these instances 
in which it was brought to your attention?—A. Yes; I know it was known. 

Recross-examination for contestee by Mr. Bickett : 

Q. Your ward is the largest ward in the county?—A. Yes. 

Q. Was that agreement religiously carried out in your ward?—A. Yes. 

Q. What ward is that?—A. Third ward of Statesville. ' 

Mr. .TOHN G. LEWIS, being called by contestant, testified as follows: 

Direct examination by Mr. Britt : 

Q. What official position, if any, do you now hold in Iredell County?—A. I am 
chnirman of the county board of elections for Iredell County. 

Q. How long hnve you been chairman of the board?—A. I think it was in 
July, 1916, when I was appointed. 


CAMPBELL VS. DOUGHTON. 37 

Q. I read into the record section 5961 of the revisal, being part of the election 
law of North Carolina, as follows: 

(Heading) “ Registration of voters expecting to be absent during registration 
period. Any citizen of the State, not duly registered, who may be qualified to 
vote under the constitution and laws of this State, and who expects to be absent 
from the county in which he lives during the usual period provided for registra¬ 
tion of voters, may be registered as herein provided. The secretary of state 
shall, on or before the 7th day of August, 1917, furnish to the chairman of the 
county board of elections in each county a book for the registration of absent 
electors, which book shall contain separate columns for tlie name of elector, 
fiame of county in which elector resides, age, place of birth, race, and precinct in 
which elector last resided. It shall be the duty of the chairman of the board of 
elections in each county to register on this said county registration book any 
(lualified electrant who presents himself for registration at any time other than 
the usual registration period, and who expects to be absent from the voting 
precinct in which he resides during the usual registration period, if found to be 
otherwise entitled to registration in the same manner as now provided by law 
for the registration of voters before the precinct registrar in the usual registration 
period. The chairman of the county board of elections shall immediately after 
the appointment of registrar or registrars for any election to be held in his 
county, either legalized primary or general election, either for the county or for 
any political subdivision thereof, certify to the respective registrars in each of 
said precincts the names, age, residence, place of birth, etc., of any electors re¬ 
corded on the said county registration book, and thereby entitled to vote in such 
precinct; and it shall be the duty of the registrar in every such precinct to enter 
upon the regular registration book for such precinct the name of all such electors 
so certified to him by the chairman of the county board of elections, marking 
opposite the names of such electors ‘ registered before chairman county board of 
elections.’ An elector so registered shall be entitled to vote in any election in 
such precinct in the same manner as if registered by the precinct registrar.” 

You have heard the description of the books and records for the registration 
of voters intending to be absent on the day of election or during the usual regis¬ 
tration period, state whether you kept such records.—A. Yes. 

Q. Have you such records present?—A. I haven’t them with me just now. 

Q. Will you please produce it?—A. I don’t know where it is now, but will 
get it before the hearing is over. 

Q. Can you get it to-day?—A. No; but I will get it before the hearing is 
over. 

Q. It is in your office, isn’t it?—A. No. 

Q. Where?—A. I don’t know. 

Q. To whom did you turn it over?—A. jMy brother carried it over to the 
courthouse—I don’t "know where it is. 

Q. When was that?—A. In the last day or two—last two or three days. 

Q. Is your brother an official?—A. No; he is not. The book has been at 
different places. The book usually stays at the courthouse in Mr. Hartness’s 
safe. 

Q. Please explain for the benefit of the record the mode in which you 
conducted the registration of an intended absent voter.—A. If a voter was 
going to be absent and presented himself to me, I would enter his name, 
place where he voted and his age, what township he voted in, his age, and 
his name. 

Q. Did you administer any oath?—A. Most of the time—sometimes I did 
not. I don’t know—in those cases lot of times I would not administer the 
oatii and lot of times I would—I can’t tell who I administered it to or who 
not to. 

Q. What rule were you governed by in administering the oath and not 
administering the oath?—A. If I knew a man was qualified to vote, I would 
not administer the oath. If I didn’t know it, I would administer the oath, 
and sometimes I would not. 

Q. You knew in your official duty you were performing the registration of 
voters?—A. Yes. 

Q. Y^ou knew that the law required the administration of the oath of 
registration?—A. I knew that. 

(2. State for the record your best recollection as to what proportion of the 
registrants you administered the oath to and to what proportion you failed to 

ad'rninister it._A. I could not state that. If I knew a man was absolutely 

qualified to vote lots of times, I would not administer the oath—lots I would 


38 


CAMPBELL VS. DOUGHTON. 


not possibly—I administered the oath to possibly two-thirds of them I 
would not swear that or swear either way about it, because I don t ^^w 

Q. So to the best of your recollection you adimiiisteied it to t^'O-th rds 
and failed to administer it to dne-third?—A. Possibly so; I am not detlnite 

^State if you know, and if not state according to your best recollection, 
how many names you put upon that registration book of persons who never 
appeared before vou but who applied through friends or through writing.—A. 
I don’t think I did any of them that way; if I did, I don t I’emember; I don t 
know; I might possibly have registered a few that way. I did in Iblb, l 
don’t know whether I did this year or not. 

Q. Every registrant whose name appeared upon that record was present 
and registered?—A. I would not say that, because I don t know. 

Q. What is your best recollection?—A. My recollection is that practically 
all of them appeared before me; I w’ould not say that they all did. 

Q. Reflect upon this answ’er; I ask you if in numerous instances friends of 
the contestee didn’t call and say that a certain person, say John Doe, wms 
absent from Iredell County, but they knew^ or thought him to be a- qualified 
voter and requested that his name be put on, and if his name wms not 
p„|- on?—A. I w^ould possibly put on twa) or three that way. And then w^heii 
they w^ould give me the name of a voter I w'ould go to see that voter and 
register them and get their vote, and get them to mail it then. 

Q. That is w^hen they were going to be absent by defaulter?—A. When I 
found that a person wms absent or possibly be told a person w’ould be home 
at a certain time I would go to see that voter or possibly have him to come 


to see me. 

Q. How^ did you dispose of these applications of the persons who made 
application wdmn they w^ere absent at the time—possibly in the District of 
Columbia?—A. I w^ent to see them. 

Q. You went to Washington?—A. Yes. 

Q. How' many trips did you make from Statesville to Washington to regis¬ 
ter voters?—A. I registered several here at home—they came on a visit; I 
made one trip to Washington. 

Q. How long did you stay?—A. I don’t remember now. 

Q. About how' long?—A. Three or four or five days. 

Q. Give me an approximation of the number that you saw and registered 
there?—A. The majority I saw' there were already registered, and I suppose 
I registered 15 or 20 or 25. Part of them w^ere already registered. The main 
reason I went up there wms to get votes and see if I could not get them to mail 
them back—get them to vote w'hile I was there w'as my main reason for going. 

Q. You were the chairman of the county board of elections in Iredell County, 
in the State of North Carolina under a regular commission provided by the 
statute. Had you ever read or been advised legally that your duties as such 
chairman in the registration of absentee voters required you to leave the State 
to perform the functions of your office—A. If you wdll read that law it does 
not say where you can register them. I decided after reading it they could be 
registered anywhere in the United States. 

Q. Does it say that you may register a voter out of the State of North Caro¬ 
lina?—A. Does it say you can not register them outside the State of North 
Carolina ? 

Q. Does it say that?—A. It doesn’t say either wmy—whether you can regis¬ 
ter them outside or inside North Carolina. 

Q. What jurisdiction do you suppose your duties apply to—the State of 
North Carolina or the District of Columbia?—A. I understood it applies to any 
resident of the State of North Carolina wherever he resides. I registered sev¬ 
eral Republican voters—any man I saw up there I registered. 

Q. What fee do you receive for the registration of voters here at home?—A. I 
think it is 20 cents a name; I think that is the law. 

Q. Any allowance for expenses?—A. Not that I know of; I have never seen 
it; I never made out a bill putting in any expenses. 

Q. Was there any allowance for your expenses to the District of Columbia?— 
I paid my owm expenses. 

Q. I read into the record section 5966 of the Revisal, being a part of the 
election laws of North Carolina ; “Absent voter may sign name on ballot; ballots 
and certificates to be kept: In voting by the method prescribed in this article, 
the voter may, at his election, sign or cause to be signed his name upon the 
margin or upon the back of his ballot or ballots for the purpose of identification. 


CAMPBELL VS. DOUGHTON. 


39 


The ballot or ballots so voted, together with the accompanying certificates, shall 
be returned in a sealed envelope by the registrar and poll holders with their 
certificates of the results of the election and kept for six months, or, in case of 
Contest in the courts, until the results are finally determined.” Did you have 
anything to do with the appointment of the registrars and judges of election 
in Iredell Couny?—A. Yes. 

Q. They were appointed by your board, of which you are the chairman?—A. 
Yes. 

Q. Did you ever give them any instructions from time to time of the mode of 
their performance of their duty?—A. I did; yes. 

Q. You instructed them to return the certificates of absentee voters accord¬ 
ing to the manner required in the statute?—A. Yes; I did. I told them that the 
statute required—I don’t know that I told all of them—where the voter him-, 
self signed his name or caused it to be signed on the back of the ballot, I in¬ 
structed them, if there were any of these votes, to save it; otherwise, the law 
did not require the ballots to be saved. 

Q. As you understand it?—A. As the law reads. 

Q. In pursuance of these instructions how many of such certificates were re¬ 
turned to you?—A. Not any. I have asked the registrars after this contest 
came on ; they tell me there were no votes, as they saw, that a man signed his 
name on the back of it. 

Q. Has there ever been turned into your office as chairman of the county 
board of elections any ballot voted on November 2, 1920?—A. Yes. 

Q. How many?—A. I don’t know—I didn’t save them. If they had been 
sealed up and returned to me, under that section you read I would have saved 
them very carefully. 

Q. If it were the desire of this hearing or of the superior court to make a 
count of the certified absentee ballots cast at the general election November 2. 
1920, in your county would a single one of those ballots be forthcoming?—A. I 
think not. I want to explain it. As I understand the law, and as I have so in¬ 
structed all the registrars, I said, “ If you find any votes where an absentee 
voter himself signs his name, or if you get hold of a vote where his name is 
signed on the ballot, then it is your duty to seal them up and save them, other¬ 
wise, they become absolutely worthless, because you and the judges are the 
judge whether they are properly signed at the time they are opened and the 
tickets are deposited in the ballot box.” That having been done I don’t see 
that they would be any benefit now for anybody, because the poll book shows 
who voted absent or who didn’t vote, having his name noted absent on the poll 
book. I am saying why I did it, as I understood the law. 

Q. Suppose Congress, as one of its duties in determining the matter at issue 
between contestant and contestee^ or the Superior Court of Iredell County, 
should desire to make a recount of the ballots cast in this county on November 
2, 1920, I ask you if it is possible for one of those ballots to be forthcoming?—A. 

I don’t know. The registrar kept the box and tickets—the box or tickets haven’t 
been turned over to me. 

Q. You said that neither ballots or certificates were returned to you?—A. Not 
a single ballot was returned to me. 

Q. Not a single certificate?—A. Some few certificates were returned to me. 
and I said, ” They are not of any importance.” I didn’t keep them. I said 
to some of them, “ Take them on back, that the law doesn’t require me to keep 
them.” 

Q. Were they sealed up?—A. No. 

Q. They were handed to you open?—A. Some of them—no rubber band 
around them—they were in very bad condition, some of them. 

Q. You told the registrars that they were not of any particular importance?— 
A. I told them to save the ones the name was written on the ballots. 

Q. So far as you know as chairman of the county board of elections of Ire¬ 
dell County there are no tickets or ballots in existence?—A. I would not say 
that—I don’t know—I may have four or five or a dozen in my office—I don’t 
know—I sometimes put them up there—I may have several up in my office—I 
would not say I had or hadn’t. 

Q. You will undertake to produce any or all that you have?—A. Y'es. 

Q. And if none are produced the record is to stand that none were pro¬ 
ducible?—A. Yes. 

Q. Were the registrars sworn?—A. I don’t know—I instructed them to be. 


40 


CAMPBELL VS. DOUGHTON. 


Q. At the time of the appointment of the registrars in the vanoiis 
of yonr county you knew the men you were appointing?—A. Yes, I knew the 

men of both parties, judges and registrars. nf Pnn 

(). The registrars were all the friends and partisans and adherents of Con¬ 
gressman Doughton?—A. They were all Democrats—so far as being peisonal 
friends I don’t know. 

Q. There were no exceptions?—A. No. . . ^ 

O. What was the composition, politically speaking, of the remaining two 
judges?—A. One was a Democrat and one a Republican. The other meinber 
of the board, the Republican member, Mr. D. L. Raymer handed me the list. 
When we met I told him to name his judge, and I luyned mine. I think prob¬ 
ably the chairman of the county handed me the list—they both practically 

followed the law. ^ ^ ^ 

Q. Then, it is a fagt that the precinct boards in each of the precincts of your 
county, numbering 20 in all, was composed of two members of the party to 
which Mr. Doughton belonged and of one member of the party to which Mr. 
Campbell belongs?—A. Yes. 

Q. Did you note the subpoena which was served upon you for your appearance 
here?—A. I signed it, but never read it. 

Q. You did understand you were to bring your records?—A. No, sir; I never 
understood I was. 


Cross-examination by Mr. Bickett: 

Q. Did you understand that this return in reference to the votes was to be 
made to the chairman of the county board of elections or to the county can¬ 
vassers?—A. Always understood it was to be made to the county board of 
canvassers. 

Q. It was not the duty, under the law, for the judges of election to return 
these ballots to your office at all?—A. I think the law is that all returns be 
made to the county board of canvassers. As to that agreement in regard to 
the poll tax, I notified all the judges and registrars, and I notified them—the 
Democratic judges and Republican judges in several of the precincts—that 
that agreement had been entered into and that the candidates’ attention had 
been called to it; I notified the registrars that there would not be any chal¬ 
lenges on them and for them not to listen to any. 

Redirect examination by Mr. Beitt : 

Q. You admit that that testimony was volunteered and I didn’t ask you?— 
A. Yes; I wanted to explain it. 

Q. Who presided at the board of county canvassers?—A. Mr. J. R. Alex¬ 
ander and Mr. G M. Young; one was secretary and one was chairman. 

Q. Referring again to that visit to Washington for the registration of ab¬ 
sentee voters, will you give me the date?—A. I think it was about the 26th or 
27th of September. 

Q. In making the return of these absentee voters that were registered be¬ 
fore you to the registrars in the several precincts, did you make a formal, 
certified return, or make the entries yourself on the books?—A. I made a for¬ 
mal, certified return to the registrars. 

Q. That is to say, you enumerated a list of the names and voting precincts 
of the voters to the registrars of the precincts where they were voters?—A. 
Yes. 

Q. You were present here in the State and county during the campaign pre¬ 
ceding the election of November, 1920?—A. Yes. 

Q. You heard and perhaps participated in the discussions in regard to the 
campaign and was advised in a general way of the literature used?—A. Yes; I 
suppose I was; I saw several pieces of literature. 

Q. Did you, during the course of the campaign, see any number of the so- 
called pictures of Candidate Harding and a number of Negro men, and, like¬ 
wise, a document in campaign terminology called “ The Harding Family 
Tree”?—A. I saw Mr. Harding’s “family tree.” It was sent here from Ohio 
the Sunday before; the election was on Tuesday. That was the first I heard of 
it. First I heard of it was stated by Republicans at Washington—informed 
that Gen. Wood produced it in Chicago. 

Q. Did you see it circulated in Ireiiell County?—A. I don’t think it was cir¬ 
culated in Iredell County, except right here in town. I think I told two or 
three people. 

Q. Did you show that picture in Iredell County?—A. One afternoon I got a 
picture—showed one or two or possibly three or four at some place on the 


CAMPBELL VS. DOUGHTON. 41 

street, and I took one home. I sliowed it to one party—I never saw it circu- 
' lated around. I took it in a man’s office and showed it to one or two. 

Q. Did you never see the so-called picture posted in conspicuous places at 
or near the voting polls?—A. I saw it posted in the courthouse. 

Q. How long was it posted in the courthouse?—A. Day or two. 

Q. Was it posted at a voting place?—A. Yes; the voting place of the third 

ward. 

Q. Ever see it posted at the voting place of any other ward?—A. No; I 
did not. 

Q. Did you or any one of your official associates circulate it along in con¬ 
nection with the distribution of the tickets?—A. No; I sent out all the tickets 
and the boxes and it was not sent to any place. 

Q. I am talking now about the picture.—A. That is what I am talking about.. 

Q Did you circulate it in your county as a part of your campaign litera¬ 

ture?—A. No; I don’t think it was circulated. 

Q. As a matter of fact, it was pretty generally circulated in your county?— 
A. I would not think it was. I don’t know. It was not by any election offi¬ 
cials. I dont’ know about other people. 

Q. You saw it produced in the State press?—A. I don’t know that I saw it 
in the city press. 

Q. I said the State press.—A. It possibly was—I never noticed it. 

Q. Do jmu recall any one of the State papers of the party of the contestee in 
which this picture was reproduced?—A. I don’t know. 

Q. I ask you if you don’t know it was reproduced in the Raleigh News and 
Observer?—A. I don’t take it. It is not generally taken in this county. I 
don’t think it is generally circulated at all—possibly 8 or 10 would cover the 
whole county subscriptions—I never read it, I know that. 

Q. In the examination of campaign literature, or rather in its observation, 
did you see the so-called circular of Negro women?—A. I saw that in the Char¬ 
lotte Observer. 

Q. Does it have general circulation in your county?—A. The Charlotte does. 

Q. Isn’t it the largest circulated politically, outside your county paper?—A. 

I think the Observer and Greensboro News are about on a par. 

Q. Didn’t you see this circulated as a poster or separate sheet document?—A. 

I think possibly I saw it somewhere. 

Q. Is it not your understanding that it had general circulation in your 
county?—A. I would say no. The political leaders discussed it, and they thought 
as nobody knew the origin of it that it would not be well to use it—the leaders 
of the Democratic Party advised that nothing be used that is not authentic. 

Q. What circulation did the so-called Harding family tree have in the 
county?—A. Very little. The chairman of the county, Mr. Hartness, said nobody 
knew whether it was so—we said we didn’t know—it was talked a little here 
the first morning it came out. The New York paper next morning denied it 
and nobody ever said anything more about it. 

Q. Do you recall specifically the certification of a list of absentee voters to the 
registrar of the third precinct of Statesville?—A. No, sir; I do not. 

Q. Do you recall yourself making entries in the registration book in that 
ward?—A. I carried the certified books to Mr. Speaks in Mr. Moore’s store. 

Q. I will show you a book purporting to be the registration book for precinct 
3 in your city and county, and on certain pages are certain names purporting to 
be absentee voters, and ask if it is in your handwriting?—A. There is not a 
word in this book, I don’t think, in my handwriting. I haven’t seen any so far— 
I know now there was not. [After examination of book.] I looJved at those 
that were registered and not a one mine. 

Q. Do you remember taking any list to either one of the registrars, either in the 
city or county?—A. Yes; I carried nearly all the lists to them. 

Q. Didn’t you deliver them without any form?—A. This is the form: “I, 
.Tohn G. Lewis (I would head it to the registrar of Statesville No. 3 precinct), 
hereby certify the following who have registered before me, who vote in your 
precinct.” Something to that effect. 

Q. Why did you deliver them by hand instead of through the mail?—A. The 
law, if you notice, requires that, after one word is written “ registeml before 
the county board of elections,” and I wanted to see that the registrars properly 
registered them. I didn’t deliver them, however, to all the registrars, but most 
of them I did. My brother and myself, I think, delivered them all. 


) 


42 


CAMPBELL VS. DOUGHTON. 


Recross-examination by Mr. Bickett : 

Q. In your direct examination this morning you testified about the reason for 
instructing the registrars that it would not be necessary to preserve the ballots 
upon which the voters hadn’t written the names. I wish you would read that 
section to the stenographer and explain about that? A. In voting bj the 
method prescribed in chapter 23 of the Public Laws of 191 <, any voter may, at 
his election, sign or cause to be signed his name upon the margin or hack of his 
ballot or ballots for the purpose of identification, the ballot or ballots so votedj 
together with the accompanying certificates, and also the certificates provided ^ 
in section 2 of this act, in case the l)allot or ballots by that form shall be returned 
in a sealed envelope by the registrars or poll holders with their certificate of 
the result of the election and kept for six months, or, in case of contest in the 
courts, until the results are finally determined.” I am reading from page 536 of 
the Public Laws of North Carolina, session of 1919. In the absentee voters’ law it 
requires the ballots to be opened at 3 o’clock and the envelopes torn open at 3, 
the ballots taken out with the certificate and the ballots deposited in the ballot 
b^)X. That is the law. Now, then, this law here says that the ballot, together 
with the certificates, shall be sealed up in the envelope. Unless the ballots 
have the name of the voter signed on them it would be an absolute impossibility 
to get that ballot out of the ballot box and separate them from the other ballots— 
that would be a physical impossibility; therefore, knowing the election law, 
having studied it, I came to the conclusion that the law does not require you 
to keep the ballots, as it stated in this law specifically what should be kept and 
being silent as to the other. 

Q. Did you consult with any other counselor of the law?—A. I tnlked to 
Mr. Harry P. Grier. I talked to Mr. E. V. Long, and to possibly some others— 

I think possibly Gov. Turner. I would not say he was there, but he 'might 
have been. 

Q. You did consult with Mr. Grier and Mr. Long?—A. Yes; I remember that. 

Q. You say that Mr. Grier is now speaker of the house of representatives?— 
A. Yes; that is the conclusion we came to. 

Q. Several questions have been asked you about the circulation of a picture 
of Mr. Harding surrounded with so)ne Negro candidates, and about a letter in 
in regard to Negro women, and also about some story reflecting upon the lineage 
of the Republican candidate for President. I want to ask y^ou if y’ou ever 
heard the contestee, R. L. Doughton, use any of these forms of propaganda?— 
A. No, sir; I never. I heard him say, however, that he didn’t use any of them. 

Q. Did you ever hear him refer to any^ of the matters contained in the pic¬ 
ture, the letter, or the whisper about the President’s family?—A. No, sir; I did 
not. I heard Mr. Doughton emphatically say he didn’t use any of them. 

Q. With respect to the slanderous report about the family of the Republican 
candidate for President, do you know whether or not that was ever published 
in any newspaper in Iredell County?—A. I never saw it. 

Q. In North Carolina?—A. I never saw it if it was. 

Q. The only paper you saw any' reference to it was in the New York paper?— 
A. It was in the Monday’s paper, I think, the New York paper, before the elec¬ 
tion Tuesday, it came out. 

Q. Do you know of any responsible person that did anything to give that 
story publicity in the campaign in North Carolina?—A. No; I don’t. 

Q. I ask you if these proceedings that we are now engaged in—this investi¬ 
gation—isn’t the first time to your knowledge that that whisper has been 
brought out in public?—A. The only time I saw tlie letter was one Sunday 
morning—I don’t know now where I got it. I talked to possibly two or three 
persons about it Tuesday, although this is the first time—the fir.st time I ever 
knew it was produced in public is right here now, when they are bringing it 
up themselves. 

Q. This is the first time, right here now, that, you ever heard any puldic 
mention made of that, matter?—A. Yes; it is. 

• Re-redirect examination by Mr. Britt: 

Q. You say that right here now is the first time that any’^ public mention 
has been made of Harding’s family tree?—A. This is the first time I ever heard 
any public mention of it. I think Gen. Wood brought it out pretty publicly in 
Chicago—I heard it spread. 

Q. How do you know it was spread?—A. I rely on some people I talk to. 

Q. You can not know nhat you merely hear.—A. As a matter of law, hear¬ 
say evidence y'ou might not, but as a matter of common knowledge vou believe 



CAMPBELL VS. DOUGHTON. 43 

what you generally hear from reliable sources. I know the source I got it 
from IS reliable—not all Democrat's. 

Q. You said it was a physical impossibility to differentiate the ballots that 
were marked?—A. I said this: The law requires that at 3 o’clock all the letters 
ot the absentee voters he opened, the ballots taken out of the envelope, together 
with the certificate. The judges and registrars may examine the certificate, 
then they put the ballot in the box. Now, it is a physical impossibility to know 
that ballot from the other ballots that are already in the box and will be put 
in later. The law requires that the ballot, together with flie certificate, be 
sealed up in the envelope and returned by the election officials and keiit for 
six months. That is a physical impossibility. 

Q. You did not receive any certificate without the ballots that you might 
have any knowledge of the number of certificates that accompanied ballots?— 
A. I didn’t think it necessary to save them. 

Q. Were any sent in to you that you saved?—A. No; I didn’t save them. 

Q. Talking about the ballots proper, aside from the absentee ballots, there 
was no phy.sical impossibility of their being sent in; answer that.—A. No; 
there is not any physical possibility. The law requires that they be placed back 
in the ballot boxes and kept there. The boxes are kept by the registrars at 
the precincts. 

Q. Do you know of any to be kept at any precinct?—A. Yes. 

Q. Where?—A. At No. 4. I think they are kept at all of them. In my ward, 
No. 1, they are locked up. 

Q. They are ready for production in case recount should be called?—A. Yes; 
and in No. 4, in which Mr. Grier votes, they are around here at the city office, 
or at the building and loan, and I went and saw them afterwards. 1 went 
there this year to look for a ticket in 1918 to get a copy to have some printed, 
and they were still sealed up yet.—that was the county boxes. 

Q. What is the condition as to the country precincts?—A. I don’t know. I 
suppose they are kept all right. I would not say they were or were not. 

Mr. W. H. MORROW, being called by contestant, testified as follows: 

Direct examination by Mr. Brttt : 

Q. You are the register of deeds of Iredell County?—A. Yes. 

Q. How long have you been such?—A. Little over four years. 

Q. As such county official you are the custodian of certain election records 
and returns. I ask you if any ballots and any ballots and certificates com¬ 
bined, or any separate certificates were returned to your custody as result of 
election held November 2, 1920?—A. I haven’t anything except the official re¬ 
turns as they were returned to me. 

Q. Ballots, ballots and certificates, did you get any of those?—A. No, sir; I 
did not. 

Q. You received from the board of county canvassers an abstract of the vote 
cast?—A. Yes. 

Q. Are such abstracts on file in your office?—A. Yes. 

Q. Will you be good enough to produce them?—A. Yes. 

Q. I offer for the record that portion of the record of the elections of Iredell 
County embraced on page 28, and ask the witness to read the vote of the 
respective precincts for the candidates, Messrs. Campbell and Doughton.—A. 
(Reading:) 



Doughton. 

Campbell. 


Doughton. 

CampbelU 

Tl o rri n rrc^v 

170 

188 

Olin. 

169 

169 

'RothQn-\r 

127 

137 

Sharpesburg. 

269 

136 

C'Vtn rr» KorcKn ror 

217 

130 

Shiloh. 

369 

306 


472 

338 

Statesville No. 1. 

519 

45 

rirAolr 9. 

422 

242 

Statesville No. 2. 

308 

109 


333 

177 

Statesville No. 3. 

1,130 

494 

/Yrknl QT^rinorc 

224 

105 

Statesville No. 4. 

580 

206 


224 

271 

Turnersburg. 

227 

167 

Eagle Mills. 

111 

273 

Union Grove. 

131 

427 

Fallstown. 

354 

184 




New Hope. 

127 

274 


6,483 

4,378 


(Stenographer reads back.) 

Q. Does the stenographer’s reading back check with the record?—A. Yes. 




































44 


CAMPBELL VS. DOUGHTON. 


Q. I am asking this: No tickets, tickets and certificates have been returned 
by any registrar to your office? State whether any affidavit of any alleged 
absentee voter has been returned to your office.—A. Has not. 

A. L. LOWRANCE, being called by contestant, testified as follows: 

Direct examination by Mr. Britt : 

Q. In what voting precinct in the city or county do you live?—A. States¬ 
ville, No. 4. 

Q. State whether you were registered in that precinct?—A. Yes; I was. 

Q. State if you know the total number of registrants as voters in that pre¬ 
cinct or approximately, if you don’t know exactly.—A. Approximately 1,000. 
I don’t remember; might have been a few more or few less. 

Q. How much of your time did you occupy in the performance of your duties 
in that precinct during the legal registration period?—A. Four days, I believe, 
at the polling place. 

Q. How much of the whole period did you occupy, both at the polling place 
and elsewhere?—A. At other times I registered them just as they came to me 
or as I saw them, wherever I was. 

Q. Didn’t you take your records and proceed, at different times, from house 
to house over the precinct in registering?—A. A few places they sent for 
me, a few ladies that could not come down, asked me to come to their houses— 
I went to several of them. 

Q. I ask you if all the places you went to register men and women were not 
places where it was understood that the registrants were supporters of Mr. 
Doughton?—A. No, sir; I recall one- 

Q. You mean to state for the record that you recall one where you went to 
register a Republican?—A. I took my car and registered that one Republican, 
and that was the only one I registered on that trip. 

Q. Didn’t you put in days after days going from place to place in your car 
registering men and women voters who were the supporters of the contestee, 
Mr. Doughton?—A. No, sir; I didn’t. 

Q. How much time did you put in?—A. I can’t tell you that. 

Q. About how many days or how many weeks?—A. No whole days at all. I 
put in a little time, as I have said—they sent for me to come. 

Q. When you traveled from place to place in discharge of your official duties 
in that way, was it your purpose to register everybody indiscriminately—those 
that were for the contestee and those for the contestant?—A. I registered 
everybody who called upon me. 

Q. Did you call upon the people who were supporters of the contestant or 
contestee?—A. I only went to the places where they had sent for me or some¬ 
body else had told me that they wanted to register. 

Q. Who was the chairman of the local management of your party in the 
county?—A. I believe Mr. Hartness is—I would not swear that. 

Q. I ask you if you were not instructed by anybody in the party management 
to see to it that all of the persons, who were the friends of the contestee, Mr. 
Doughton, both men and women, were registered?—A. No; I didn’t get those 
distinct instructions to that effect. 

Q. You had those suggestions made to you?—A. A number suggested that— 
that I get them all registered. 

Q. Did the county chairman, among others, suggest it?—A. I can’t say 
whether he did or not—I can’t remember him telling me that. 

Q. He is a very faithful and efficient and energetic party man—can you 
recall him ever making that request of you?—A. No, sir; I do not. 

Q. How many others and wdiat others can you recall making that request?— 
A. I could not say now who they were. 

Q. Good many, though, can’t you?—A. I don’t remember a single man right 
now that suggested that I do that—I do know it was suggested. 

Q. You do know that suggestion came in upon you, don’t you?—A. Yes. 

Q. I ask you if these same persons, that gave you that suggestion, ever 
suggested to you to go around and register the voters, men and women that 
were supporters of Mr. Campbell ?—A. I don’t think they did. 

Q. You were a sworn official, were you not?—A. Yes. 

Q. Do you recall who administered the oath to you?—A. No, sir; I do not 

Q. But you do know you were sworn?—A. Yes. 

Q. And the substance and meaning of that oath was that you understood it 
that you were to discharge your duties as registrar impartially and faithfully 
Muthout reference to party at all?—A. Y"es. 




CAMPBELL VS. DOUGHTON. 


45 


Q. If you did put in a major part of your time registering the friends and 
partisans of the contestee and did not likewise put in a like time registering 
the friends of the contestant you did not do your duty?-—A. I think that meant 
those days I was at my polling place. As I understand. I did not have to regis¬ 
ter outside of that time. 

Q. How do you consider the law?— A. I considered it on those days I was 
to be at the polling place, whatever, four or five, that I was to register them 
impartially. As I understand the law if 1 want to register anybody during 
that other time that I can do so—I don’t think they have to register on that 
date. 

Q. Am I to understand that you understand the law to mean that on the four 
days designated by the statute you are required to register anyone who comes, 
and that on the other days during the registration period you may or may not 
register them at your election?—A. If I have time to do it during those other 
days. 

Q. You administered your office as registrar according to your understand¬ 
ing?—A. Yes. 

Q. Am I correct in your understanding, that you understood your duty to be 
that if on the days other than the four statutory days that you wanted to 
put in the time exclusively registering friends, men, and women of the con¬ 
testee, Mr. Dough ton, that you could do so?—A. Well, anyone that sent for me 
if I was willing to go—I went to every place they sent for me, both parties. 

Q. I want to ask jmu this question: Did the friends and partisans of Dr. 
Campbell, men and women, have a like chance of ecpial convenience to regis¬ 
ter under your understanding of the law that the friends and partisans of Mr. 
Campbell had?—A. No; I don’t think they did. I can tell you why. These 
people, as I said, sent for me; they are looking for me, they are friends of 
Mr. Doughton, some of them sent for me; some of the other side; they were 
ready to be registered; the people that were not looking for me, friends of 
Dr. Campbell; they were not looking for me; were possibly not at home. I 
only went to the places they sent for me, and others that sent me to their 
people that had notified me they would be. 

Q. What sort of booth or house did you haVe?—A. We used the mayor’s 
office, I believe—it is the city building. 

Q. It is in the city hall?—A. Yes. 

Q. Did you ever see this alleged Harding picture with negroes posted 
there?—A. No, sir. 

Q. Where did you see it posted, if anywhere?—A. I saw one posted in the 
courthouse here. 

Q. Do you know how long it remained here?—A. I think I only saw it one 
time, or possibly twice. I know it could not have stayed more than two or 
three days. 

Q. Do you know at whose hands or instance it was placed here? How many 
of the so-called negro women circulars were distributed around your booth?— 
A. None at all. 

Q. Did you ever see that circular?—A. I never saw it at all. I heard it 
spoken of. 

Cross-examination for contestee by Mr. Bickett : 

Q. About that picture—that w^as the picture of Mr. Harding and what pur¬ 
ported to be pictures of some Negroes that were running on the Republican 
ticket in the State of Ohio?—A. That was the picture. 

Q. The picture did not purport to have any connection with Mr. Harding’s 
family?—A. No, sir; none whatever. 

Q. But just those candidates on the Republican ticket in the State of Ohio?— 
A. Yes. 

Q. The law provides that you were to be in your office at the place of regis¬ 
tration for four days, and pay you for four days?—A. Yes. 

Q. Do you remember whether the law makes any provision for paying you 
to serve at any other time than during the four days?—A. No, sir; I didn’t 
receive any. 

‘ Q. Did you receive any compensation for your services other than the four 
days?—A. No, sir; 

Q. Were you at the place of registration on the four days prescribed by law, 
ready to register all parties that applied?—A. I was. 

Q. State whether, or not, you ever hindered or delayed any Republican from 
registeiang wlio applied?—A. I did not. 


46 


CAMPBELL VS. DOUGHTON. 


Q. State whether, or not, you ever refused to register a Republican on other 
days other than the four days who applieil to you for registration?—A. I did 
not. I would like to make one explanation—a few that refused to take the 
oath that they had been here long enough. 

Q. You didn’t refuse on the ground that they applied on other days than 
the four days?—A. No, sir. 

Q. This is the first time women voted?—A. Yes. 

Q. State whether, or not. the law made any special provision to increase the 
facilities of registering this large number of voters?—A. It did not, so far as I 
know. 

Q. In order to get these people on the books at all it was necessary to work 
sometimes other than the four days prescribed by law?—A. Yes; I think so. 


Redirect examination by Mr. Britt : 

Q. You say it was necessary to work very diligently, to work other than the 
fours days provided by law?—A. I don’t think I used that word. 

Recross examination by Mr. Bickett : 

Q. Have you ever heard of any complaint being made by any Democrat or 
Republican that he or she was not permitted to register when they desired to 
do so?—A, No, sir. 

Q. Some question was asked you about these certificates; do you remember 
whether, or not, any of those ballots came in signed by the absentee voters 
on the back of the ballot?—A. None to my knowledge. 

Q. None in your precinct?—A. No, sir. 

Q. That was the reason you didn’t certify them out?—A. Yes. 

Q. Have you ever heard any complaint made by a Republican or Democrat 
in your precinct that they were denied the right to vote because they had no 
opportunity to register?—A. No. 

Q. Not one?^—A. No, sir. 


Re-redirect examination by Mr. Britt : 

Q. Did you administer the oath to all the applicants for registration that 
came?—A. No, sir. ^ 

Q. Why didn’t you?—A. Well, I didn’t know that it was a law that you had 
to do it—I did administer it to all those that I was not satisfied were entitled 
to register—in other words, those that I didn’t know—didn’t know where they 
lived, or was not satisfied of my own knowledge that they were entitled to it. 

(}. I ask you if you didn’t oftentimes omit it as to the friends of Mr. 
Doughton and generally apply it as to the friends of IMr. Campbell?—A. No, sir. 

Q. You think that is not correct?—A. I know it is not. 

Q. AVhat did you do with the ballots that were cast at your precinct?—A. We 
put them back in the ballot box, locked them up and sealed the top of it. 

Q. Do you recall how many absentee ballots were cast at your place?—A. 
No, sir; I don’t now. 

Q. What did you do with the certificates you received that accompanied the 
absentee votes, the certificates of the voter?—A. Why, I really can’t say right 
now what did become of them—I don’t know whether they went back in the 
box or what did become of them. 

Q. You didn’t send them in to Mr. Lewis, the chairman of the county board 
of elections?—A. I don’t think so. 

Q. Dr to IMr. Alexander the sheriff?—A. I don’t believe I did. I don’t re¬ 
member now what became of them. I would not swear to that fact—I won’t 
swear now what became of them because I don’t remember. 

Q. As registrar in your precinct you copied the list of the voters for the 
management of your party, didn’t you, on their request, from the registration 
book?—A. You mean copied them and gave it to them‘d No sir - I did not 

Q. Was it requested of you?—A. I don’t think it was—I don’t’remember’ 

Q. State whether anyone on the behalf of the management of the party had 
access to your books so they could take and copy?-A. I would say not take 
and copy. I gaye eyerybody, during those days, access to the books—seyeral 
people came in and inspected them during those days of registration some Re¬ 
publicans and some Democrats—some of Mr. Campbell’s friends and some of T^Ir 
Doughton’s. 

Q. Do you recall that Mr. Wagner, on behalf of the Republican management 
requested a copy of you and offered to pay you?—A. Yes ; I remember it 

Q. Did you giye it to him?—A. No, sir. 


CAMPBELL VS. DOUGHTON. 


47 


Q. Why didn’t you?—A. I told him I didn’t know what the law was in regard 
to it, that I didn’t think I was allowed to give it, and I would have to see 
further. 

Q. Whom did you advise with?—A. I looked up some myself and talked to 
several of the men here in the city about it, but Mr. Wagner didn’t come back 
to me for it. 

Q. You did refuse when he came?—:A. Yes; I did. I told him I didn’t think 
I was allowed to do it—I would have to see further. 

Q. You knew that the management on the other side had access to the books 
to copy it?—A. Both sides had access to it. 

Q. All the time?—A. No, sir; neither did the other side. 

Q. I ask you if the Republicans had access to them at any time except on 
challenge days and registration days?—A. They didn’t ask for any other times. 

Q. But when you went to advise as to the legality as to giving copies you 
didn’t advise with any of the Republican management?—A. No, sir; I didn’t. 

Q. You knew Congressman Doughton’s Secretary, Mr. Miller? He was with 
you a good deal during your registration period, was he not; during the period 
that you were performing your duties as registrar in that precinct?—A. Yes. 

Q. Didn’t he canvass the precinct with you?—A. No, sir. 

Q. None at all?—A. I don’t recall that he made a single trip with me. 

Q. How many times did he call upon you as registrar?—A. Why, I could 
not say that at all. 

Q. A half dozen times?—A. Do you mean to call at my registration place? 

Q. Call and speak to you and refer to the registration or the mode of it; way 
it was being carried on, etc. ?—A. I don’t know. 

Q. Would you say half dozen times?—A. I don’t know. 

Q. How many times—A. I don’t remember him ever calling on me to discuss 
it—I saw him and met him on the streets. Meet him every day since I have 
been here and talked to him, for the last five years. 

Q. You didn’t enter all the names that are on the registration book of that 
precinct?—A. I didn’t on the new book. I had one or two men helping me to 
copy it; that is, copying it from the old book to the new—I had entered them" 
all on the old. 

Q. The old voters that were properly registered didn’t reregister?—A. No, sir. 

Q. Those that registered originally or reregistered, were all those present 
when you entered their names?—A. Not when I entered them on the book, but 
I did enter them on a small book that I carried in my pocket. 

Q. Y'ou stated that you didn’t always swear them?—A. No, sir; I did not. 

Q. How many days would elapse between your canvassing a voter or he 
canvassing you and the time that you entered it on the registration book?—A. I 
did it that night if I saw them that day. 

Q. That was when you were busy and had seen many voters?—A. Yes. 

Q. If you didn’t administer the oath and many other things intervened, how 
do you know the registration book was correct?—A. When I registered a man 
I put him on the small book. 

Q. Are you in position to know you put all these deferred ones down?—A. I 
do remember one name that I didn’t put down. If there are any others I don t 
remember it. 

Q. Did you put any names on the books after the expiration of the registra¬ 
tion period?—A. No, sir. 

Q. I ask you if during the registration period you recall putting the name 
of Mark Pope on?—A. Yes; I remember the man. 

Q. Was his name put on the book during the registration period?—A. Yes. 

Q. You are certain of that?—A. Yes. 

Re-recross-examination by ^Ir. Bickett: 

(}. To refresh your recollection about your certificates, who was the Repub¬ 
lican iudge of elections in your precinct?—A. Mr. M. L. Dowdy. 

(). Don’t you recall that he had something to do with these certificates 
didn’t he have these certificates at one time?—A. Yes. As well as I remember, 

I tore the ballot open, passed it over to him, he took charge of them and passed 
it on into the box to ballot; I don’t know whether he put the certificate in there 

^Did^'ycm ever see the certificates after you turned them over to him, to the 
best of your recollection?—A. No, sir; as well as I remember right now, I 

didn’t. 


48 


CAMPBELL VS. DOUGHTON. 


Q. To the best of your recollection, Mr. Dowdy was the last man that had his 
hands on those certificates?—A. Yes. 

Ke-redirect examination by Mr. Britt : 

Q. You and the other Democratic judge and Ur. Dowdy, the Republican judge, 
passed those tickets through the hands of each—the tickets went through the 
hands of all of you, didn’t they?—A. I can’t swear to that; I passed them to 
]Mr. Dowdy. As quick as I passed them to liim I pulled for another and 
opened it. 

Q. AVho put them in the box?—A. Mr. Dowdy had charge of the Doughton- 
Campbell box. 

Q. Do you mean to state for the record that Mr. Dowdy put one of those 
tickets or certificates any other place than in that box?—A. I can’t swear as to 
that. 

Q. Do you swear he didn’t put any in the box?—A. I didn’t see him put any 
in—I was doing the opening—took it out and looked at it myself first and 
passed it to him; our other judge was standing next. I suppose they put it in 
the right place, all the way down the line. 

Q. You have no knowledge of and do not mean to suggest that Mr. Dowdy, 
the Republican judge, made any disposition of those ballots or certificates than 
to put them in the box?—A. I didn’t see or hear of him doing anything else. 

Re-recross-examination by Mr. Bickett : 

Q. The certificates are not put in the box, are they?—A, My understanding 
they are not to be. but as I say, I can’t say. The ballots are put in the box. 

The contestee does not intend to intimate in any way that the Republican 
judges of election did anything improper about the certificates, but we simply 
wanted to bring out the fact that incidentally he was the last man that ever had 
anything to do with them. 

A. I have an idea he cast the ballot in the box and threw the certificate down ; 
I would have done that. 

Re-redirect examination: 

Q. My question is predicated upon the supposition that you gentlemen as 
judges of the election had home sort of receptacle to preserve those ballots; did 
you see them put them in anything?—A. No, sir. 

Q. You don’t mean to suggest anything improper that he did with them?—A. 
No, sir. 


Mr. J. A. HARTNESS, being called by contestant, testified as follows; 

Direct examination by Mr. Britt : 

Q. You are the clerk of the superior court of Iredell County?—A. Yes. 

Q. Were you such in the year 1920?—A. Yes. 

Q. State whether, as clerk of the superior court, you received in the spring of 
1920 a certified list of the voters between the ages of 21 and 50 in Iredell County 
who had paid their poll tax on or before the first day of IMay, 1920, such certifi¬ 
cate coming from the sheriff of your county.—A. I did not. 

Cross-examination for contestee by Mr. Bickett : 

Q. Did you ever have any talk with the sheriff about this matter?—A. I did. 

Q. Did he state to you why this list hadn’t been filed? 

(The contestant objects to this question and any answer thereto, for the rea¬ 
son that it is hearsay,) 

A. Just a few days before the first of May I saw the sheriff and told him that 
an agreement had been made by myself, as chairman of the Democratic executive 
committee, and chairman of the Republican executive committee, Mr. John M. 
Sharpe, and some other leading Republicans, to waive anv challenge of any party 
for nonpayment of poll tax for the election of 1920, and it would not be necessary 
for him to file the list, as the law required. 

Q. Give the history of that agreement, where it originated, and right on 
through to the end.—A. Well, as I said before, a few days before the first of 
May ]Mr. Wagner- 

Q. Who is he?—A. Mr. L. C. Wagner, who was former chairman of the Repub¬ 
lican committee in the county, and one of the leading Republicans of the county 
and two other Republican leaders in the county, I think, Mr. Bristol; I am not 
sure whether Mr. Sharpe was present at that time or not. but anyhow they 
came to me and said, “ We want to make a proposition to you. We want to ask 



CAMPBELL VS. DOUGHTON. 


49 


if yon will enter into an a;j:reeinent to waive the rij 2 :ht of eliallense against Re¬ 
publicans for nonpayment of poll tax, and we aj?ree to waive that right of chal¬ 
lenge against any Democrats,” 1 told them that I wonld, and we entered into an 
agreement that there shonld be no challenges on any party by any i)erson con¬ 
nected with the election, and Mr. AVagner, to the best of my recollection, said, 
“Now, we will live np to this agreement, so far as we are concerned, and there 
shall be no advantage taken of it.” I said to him that I wonld do likewise. I 
wonld live np to the agreement and that thei'e slionld be no advantage taken of it 
by onr ])eojtle, so far as I was able to carry the agreement out. I at once notified 
all the T>emocratic leaders. Democratic registrai’s, and .indges of election, IMr. 
I.ewis, chairman of the board of elections, and other leading Democrats in the 
county, informed them of this agreement and asked them to carry it out 
honorably and in good faith, and it was so done by both parties, by both the Re¬ 
publicans and Democrats. The Republicans carried it out honorably and 
squarely in every precinct in the county, so far as my knowledge goes, but just 
before the election, i)ossibly two or three weeks, Mr. Sharpe came to me and said 
that there was some question as to the authority for this agreement in Union 
Grove township, the largest Republican township in the county, and wanted me 
to draw an agreement, to make a written statement, which I did, embodying in 
substance what I have stated. He signed it and I signed it, and I gave it to some 
leading Republican who was then present from Union Grove Township, whose 
name I don’t now recall, and he carried that agreement to Union Grove Town¬ 
ship, and it was read there, or given out. shown to the representatives of the 
two parties there previous to the election, and was there on the dav of election, 
I think. 

Then, since that time, since the election when this contest came on, I saw 
Mr. AA'agner and asked him if they were going to live up to the agreement, as I 
had observed that the contestant had alleged the non])ayment of poll tax in the 
county as one of the grounds of the contest, and he told me that he was, that he 
had and he was, and bad advised Dr. Gampbell that it was not right to take 
advantage of it, and Mr. AAbigner told me that Dr. Gampbell was informed of 
the agreement previous to the election—that is the sum and substance and his¬ 
tory of the poll-tax proposition. 

Q. Do you remember whether or not the leading Republicans from the various 
precincts had a meeting before you were first approached about this matter to 
consider this subject? 

(Objection by contestant.) 

A. 1 think Mr. AAbigner or some one of the men who came to me told me that 
they had a meeting in which all the precincts of the county were represented. 
I understood that the chairman and other leaders of the Republicans were pres¬ 
ent, something like 40 in number, and that it had.been agreed in the meeting to 
make the i)roposition, and that they had come as representatives of this meeting. 

(The contestant objects to all the testimony predicated upon hearsay stated by 
the witness and to such testimony subsequently, if it is the voice of hearsay.) 

Q. AVas there ever a similar agreement to that in this county? 

(Objection by contestant.) 

A'. Yes; in 1916 there was an agreement of this kind, and it was lived up to 
bv both parties. 

* Q. Did anybody ever go back on the 1916 agreement? , 

(Objection by contestant.) 

A. No, sir. 

Q. Any Republican make any contest on account of the people not. paying 
their poll tax?—A. No, sir; did not; and hasn’t been any Republican in the 
county made any complaint at this time, but on the other hand insisted that it 
be lived up to. 

Redirect examination by Mr. Britt : 

Q. You were the chairman of your party in the county?—A. Yes. 

q! In addition to being the clerk of this court you are also attorney at this 
har?—A. AVas before I was elected clerk of the court. 

Q As attorney, don’t you know that neither you or anybody on the behalf of 
the Republicans', or both of you, can lawfully enter into an agreement to waive 
a provision of law?—A. I do*^; but that was an honorable agreement entered into 
by all parties concerned, and it has been kept by all except by Dr. Campbell. 

57695—21 


4 



50 


CAMPBELL VS. DOUGHTON. 


Q. This provision of statutory law, to wit, that persons between the ages of 
21 and 50 shall pay their poll taxes on or before the 1st of May, is also a 
constitutional provision in our State?—A. It was until this last election. 

Q. Then what you and these gentlemen were doing was a sort of friendly and 
good-natured conspiracy to waive the statute of your State?—A. It was an 
honorable agreement, and all the Republicans have lived up to it in the county. 

Q. You knew it had then or now no binding legal effect?—A. It had none; yes. 

Recross-examination by Mr. Bickett : 

Q. The counsel asked you if you were not a lawyer?—A. Yes. 

Q. There is a branch of law known as equity, isn’t there, Mr. Hartness?—A. 
Yes. 

Q.' Equity* is a fundamental rule that sometimes supersedes the rules of law? 
I ask you that as a lawyer.—A. I so understand. 

Q. Then I ask you as a lawyer versed in the principles of the common law 
as well as in the rules of equity, that if in view of an honorable agreement 
made between all parties and lived up to by all parties in Iredell County, if tq 
deny the right of these people to vote now and have their votes counted on 
account of the nonpayment of poll tax would not be a fraud on the electors of 
Iredell County, in your opinion?—^A. I should say so. 

Re-redirect examination by Mr. Britt : 

Q. As a lawyer, and being familiar with the principle of equity, do you know 
of any principle of equity that can supersede the constitution of North Caro¬ 
lina ? Do you know of any recognized principle of equity, as part of your juris¬ 
prudence, that can supersede the statute of North Carolina?—A. I do say that 
an honorable agreement made by all parties concerned ought to stand. 

Q. I am talking about equity as a principle of our jurisprudence. Is there 
any principle of equity that can supersede the constitution of North Carolina?— 
A. I don’t say that there is any principle of equity that would repeal the con¬ 
stitutional amendment in that respect, but I don’t believe that persons making 
an honorable agreement of that temper should be allowed to take advantage of 
it after they have made it. 

Q. I wish you would give me a categorical answer to that question: Is there 
any principle of legal equity belonging to our jurisprudence that can supersede 
the constitution of the State of North Carolina?—A. Strictly speaking, as a cold 
question of law, outside of all right and justice, I should say no. 

Q. You have no personal knowledge of Mr. Campbell’s assenting or failing to 
assent to this agreement?—A. No, sir. What I have is from Mr. Wagner and 
Mr. Bristol and several other Republicans who told me he was a party to the 
agreement. 

Q. You have no personal knowledge?—A. I have no personal knowledge. 

Mrs. KATIE BLACKWELDER, being called by contestant, testified as 
follows: 

^ Direct examination by Mr. Holton : 

Q.AVhere do you live?—A. Bloomfield cotton mill. 

Q. Do you know in what voting precinct of Iredell County?—A. No, sir • 

I don’t. ' 

Q. What ward?—A. I don’t know. 

refills?—A. Bloomfield cotton mills, 
ofih ’\Mnak.4?if5fjqq)iLniother’s name?—A. Cora Salmons. 
ifl?rJ?idh®f> 41 ^fief]bqrrt 0 ^^the day of election?—A. Yes; I did. 

Q. How long were you at her house?—A. I live there with my mother. 

Q. What was the condition of her health on that day?—A. Very good, so 
far as I know. :. 




CAMPBELL VS. DOUGHTON. 


51 


W. L, MILLSTEAD, beiug called by contestant, testified as follows: 

Direct examination by Mr. Holton : 

Q. Where do you live?—A. West Statesville. 

Q. What ward do you live in?—A. Fourth ward. 

Q. Were you registered for the last election?—A. Yes. 

Q. Before whom did you register?—A. No; not for the last election; I 
registered a good many years ago. 

Q. Was your wife registered the last election?—A. Yes. 

Q. Before whom was she registered?—A. Mr. Lowrance. 

Q. Where was he when he registered her?—A. He was below my house, 
where Alexander Street and Oakland Avenue passes. 

Q. What was he doing?—A. I saw him at Pope’s store and asked him if he 
would register my wife while he was up there, and he asked me where she was, 
and I told him at the house back on the street. He said he would not have 
time and would have to go to the country, and when he went out I went to 
the house and told my wife to come to the crossroads where he was and 
register. 

Q. Did he have his books?—A. Yes; had something. 

Q. What was that something?—A. Had a paper or book or something. 

Q. Was there anybody else there that applied for registration at that time?— 
A. Well, Mrs. Heath was coming something like 25 or 30 yards from toward 
her home, and I told him after my wife registered that Mrs. Heath wanted 
to register. 

Q. What happened then?—A. Well, he said he didn’t have time to wait 
on her. 

Q. How far away was she?—A. Something like 30 yards; something like 
that, as well as I remember. 

Q. What was she doing when you were talking to him about it—was she 
coming in the direction?—A. Her daughter had left my home and went to tell 
her that she could register and she was coming there. 

Q. What was her politics?—A. Republican. 

Q. What ward does she live in?—A. Fourth ward. 

Cross-examination for contestee by Mr. Bickett : 

Q. What Heath was that?—A. It was a neighbor of mine—Mrs. Heath, I 
don’t know her name. 

Q. Was it Mrs. A. C. Heath?—A. I don’t know her initials at all—neighbor 
of mine that lived next to me. 

Q. Do you know, of your own knowledge, whether or not, she registered and 
voted on the day of the election ?—A. Yes; she registered later. 

Q. And voted?—A. Yes. 

Q. Voted the Republican ticket?—A. I suppose she did. 

Q. You are a Republican?—A. Yes. 

Q. Your wife is a Republican?—A. Yes. 

Q. He stopped at the crossroads and registered your wife?—A. Yes. 

Q. And this other woman afterwards registered and voted?—A. Yes; after¬ 
wards she came to town and registered. 

Q. On the regular day for registration ?—A. Yes. 


Mr. W. E. MORRISON, called by contestant, testified as follows: 


Direct examination by Mr. Beitt: 

Where do you live?—A. I live out north of here 3 miles. 

What ward do you live in?—A. I don’t live in the town. 

Do you know Mr. Ralph A. Scroggs?—A. Yes. 

And Gales Scroggs?—A. Yes. 

And Mrs. EditJi Scroggs?—A. Yes. 

J. W. Scroggs?—A. Yes. , , . , 

Which one is the old man?—A. You haven’t called him, I don t think. 

Do you know them?-^A. Yes. 

How long: have you known them?—A. Thirty-five years—part of them. 
Did they live in this country at the time of the last election?—A. No. 
Where had they gone to?—A. They lived right at me—they went to 
Wilkes. INIr. Scroggs and a part of the children went to M ilkes. Rali)h 

Scro^ETS lived in Washington City. ^ 

Q How long had they been gone to Wilkes?—A. Sold out the 2d day of 

February a year ago. 


Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 


52 


CAMPBELL A^S. DOUGHTON. 


Q. And moved away from here?—A. Yes. 

Q. They don’t live in this precinct?—A. That .T. AA\ Scroggs he teaches school 
in the eastern part of the State. 

Q. Was he a single man?—A. Yes. 

Q. Son of whom?—A. M. J. Scroggs. They are all sons of M. .T. 

Q. You say neither of these parties lived in this county at the last election ?— 
A. Ralph and his wife have been away 15 years. 

Q. Where have they been living?—A. Right in Washington City. 

Q. What is his business?—A. He works at something—making something 
about the automobiles, batteries, or something like that. 

Cross examination by Mr. Lewis: 

Q. At the time Ralph Scroggs and his wife, Edith Scroggs, lived here Mr. 
Scroggs was living out there where he moved from, Mr. M. J. Scroggs’?—^A. On 
the same farm. 

Q. Ralph at that time was living with his father?—A. .Born and raised right 
there. 

Q. He went to Washington City?—A. Yes. 

Q. Mr. Ross Scroggs—M. J. Scroggs is father of these boys and Ross is his 
son?—A. Yes. 

Q. Isn’t it a fact that Gales Scroggs is working for Mr. Roach and Harry 
P. Grier, jr., is working here, and makes his return here?—A. I don’t know. 

Q. Now, Mr. J. W. Scroggs, doesn’t he make his tax returns here, and keep 
this as his residence here in Iredell County?—A. I don’t know; made his home 
out there until they moved. 

Q. Mr. Ross Scroggs and M. J. are the two that went to Wilkesboro?—A. He 
went before his father did. 

Q. Neither of these, Ross or M. J., voted?—A. I don’t know anything about 
their voting. 

Redirect examination: 

Q. What was the age of J. W. ?—^A. Close to 40. 

Q. Ralph?—A. I should say 35. 

Q. Gales?—A. He is 22 or 23, along there; not more than that. 

Q. Was he married?—^A. No; Gales is not married and J. W. is not married. 

Q. They all went to Wilkes?—A. J. W. teaches school in the eastern part of 
the State and when his father went off Gales went to work with Roach at that 
time. 

Q. Roach was road man?—^A. Yes. 

Recross-examination: 

Q. Mr. Gales Scroggs, wasn’t he working for Mr. Roach at the time of the 
election, if you know about it?—A. I can’t say that he worked for him; when 
he left home he came over here and worked. 

Q. Both of them are single men—J. AY. and Gales both?—A. Oh, yes. 

Q. They make this their home?—A. I consider they make their home with their 
father, when he was out there—I don’t know where they make it now. 

Re-redirect examination: 

Q. Do you know what their politics is?—A. I think they voted Democratic 
ticket. 


Re-recross-examination: 

Q. Do you know how they voted this last election?—A. I do not. 

Mr. L. C. AA'AGNER, being called by contestant, testified as follows: 

Direct examination by Mr. Holton : 

Q AYhat Posilioii ^1 you hold with relation to the Republican organization 
of this county in 19L0?—A. No official position at all. 

Q. Do you know whether any agreement was made between the Democratic 
organization and the Republican organization in reference to voting without 
having paid poll tax?—A. Yes. 

me?it?— aT 4^^^^ conversation with Mr. Hartness about that agree- 

U ™ay have been 


V 


CAMPBELL VS. DOUGHTON. 53 

Q. I mean the conversation between yon and him?—A. Mr. Hartness met IVIr. 
Bristol and myself at Mr. Bristol’s office. 

Q. When was that?—A. I don’t remember the exact date—sometime prior 
to May 1, ■ 

Q. How long prior to May 1?—A. Only a few days. 

Q. Was Dr, Campbell present?—A. He was not. 

Q. Had he authorized yon to go into any agreement?—A. Absolutely no—no 
authority from him—he knew nothing of the agreement. 

Q. Did you communicate it to him at any time?—A. No, sir; did not, but be¬ 
fore the election he know of tlie agreement, when he was on one of his trips 
here—he knew then the agreement had been entered into. 

Q. What did he say to that?—A. I don’t thnk it struck him favorably—he 
said he was not a party to it—and I told him I realized that. 

Cross-examination for contestee by Mr. Bickett : 

Q. Were you present at the meeting, Mr. Wagner, where this matter was dis¬ 
cussed by the representative Uepublicans throughout the county?—A. Yes. 

Q. You all did have a meeting to consider this question?—A. Yes. 

Q. How many precincts of the county were represented at that meeting?—A. 
I don’t recall that a poll was taken, but a right representative meeting present. 

Q. This question of not challenging anybody on account of the nonpayment 
of poll tax was discussed at that meeting?—A. Yes. 

Q. What was the result of the discussion?—A. Well, by almost unanimous 
consent it was agreed to—I remember distinctly that* the chairman of the Re¬ 
publican executive committee opposed it, iMr. Sharpe, but he was outnumbered. 

Q. He finally agreed to do it, didn’t he?—A. On account of force of numbers; 
yes. 

Q. He was represented as agreeing to it at the time you had the conversa¬ 
tion with ]Mr. Hartness?—A. There was a committee appointed—the caucus 
gave Mr. Sharpe authority to appoint a committee. IMessrs. W. A, Bristol, 
Dewey L, Raymer, and Mr. Kennedy, of Fallstown township, and myself were 
on the committee. 

(h Appointed by this meeting to submit this proposition to the Democrats?— 
A. Yes. 

Q. And it was submitted?—A. Correct. The question was raised there would 
they agree to it, and I told them from my past experience it was a standing 
I)roposition with the Democrats to enter into a certain agreement, and I felt 
sure it would be accepted. 

Q, The poll-tax law had grown in unpopularity in the county and throughout 
the State, hadn’t it? 

(Objection b.v contestant.) 

A. There was pending in that election a constitutional amendment abdicat¬ 
ing the requirement of the poll tax as a condition to voting. 

Q, We knew we would have an opportunity to vote on that? That question 
had been submitted by the general assembly to the voters of the State?—A. Yes. 

Q. And as a matter of fact the amendment was adopted?—A. Yes; I was 
very glnd of it. 

Q. After IMr. Hartness agreed to this proposition, did you advise the Repub¬ 
lican officials and the Republicans generally throughout the county that that 
agreement had been entered into?—A. I made no effort to get the word around 
at all, but it was generally understood. 

Q. It was generally understood throughout the county?—A. Yes. 

Q. So far as you know, that agreement was kept in the utmost good faith by 
every man. Democrat and Republican, in Iredell County, was it not?—A. It 

was; yes. . 

Q. So far as the poll tax situation is concerned, it was an absolutely fair 
and square deal ns between the Republicans and Democrats, was it not? 

(Objection by contestant.) 

A. Yes. 

O. l^ou say that Dr. Campbell was advised about this matter before the elec- 
_A. It was being discussed on one of his trips here prior to the election. 

Q. Ami he was informed about the agreement?—A. Yes. 

Q. Do you know whether or not he took any steps to enter any protest against 
the agreement as to put the other party on notice that he was not agreeable to 
I do not. I know he was not pleased with the arrangement—I don’t 

think. , . , XI- 

Q. It didn’t taste very well to him, but did he take any steps to notify the 

party?—A. Not to my knowledge. 


54 


CAMPBELL VS. DOUGHTON. 


Q. That he was not to be bound by it?—A. Not to my knowledge ; no, sir. 

Q. You have had some talk with Dr. Campbell about this since the contest 
started?—A. Yes; few days after the election. 

Q. If I am correctly informed, principle always counts more with you than 
politics?—A. It should with everybody. 

Q. I ask you if you didn’t tell Dr. Campbell that, in your opinion, that he 
could not afford and it would be unfair and unjust for him to make this conten¬ 
tion in Iredell County?—A. I didn’t go into it that way; I told him there was 
nothing to be gained by it and better waive that and confine his contest to ab¬ 
sentee votes and irregularities otherwise. ' 

Q. That is still you opinion?—A. Y’^es; I haven’t wavered in that at all. 

Q. You don’t think now, at all, man to man, and in the spirit of good faith, 
that that joint agreement ought not to be gone upon?—A. I believe in living up 
to it, but there is another side to it, if I am permitted to go into it. In 1906 I 
was chairman of the Republican executive committee. I worked exceedingly 
hard for the enforcement of the poll-tax qualification, and I had pretty good evi¬ 
dence—my data was all right, so far as I could get it. Every obstruction was 
thrown in the way about getting accurate information about the voters, but a 
few days prior to the’election Austin Watts made the proposition to me that we 
waive the poll-tax proposition. We got results. A very large number was de¬ 
prived of the vote on account of failure to qualify. 1908 the same work was 
gone into—the same effort made to get some cooperation, because we were col¬ 
lecting a good deal of tax’on the polls no cooperation was given. 

Q. Cooperation on part of whom?—A. County officials, sheriff. The same 
proposition was made by Col. x\ustin Watts. We declined it. We still got 
some results. In 1910 the same effort was put forth. I don’t think the propo¬ 
sition was made, but absolutely it was a farce. 

Q. Why was it a farce?—A. The names were being certified to the clerk of 
the court as the law required—there was not one out of ten that you could sus¬ 
tain—not one. 

Q. What do you mean by that?—A. Y’'ou would naturally suppose that a true 
and accurate list of all those of the poll tax which had been paid on or before 
the 1st of May preceding the election was made, and when a voter presented 
himself to vote and his name didn’t appear on that list you would naturally 
suppose he hadn’t paid his poll; you could not sustain one out of ten. 

Q. Why?—A. Because he had his poll-tax receipt. 

Q. Notwithstanding they were not certified it didn’t appear upon the certi¬ 
fied list?—A. He being a resident of Iredell County you would suppose he had 
failed to pay his poll tax when his name didn’t appear on the list as they who 
had paid. 

Q. When challenged receipt was presented?—A. Yes. 

Q. Notwithstanding the fact that the name didn’t appear on the certified 
list?—A. Little effort since that has been made. I went out of office as chair¬ 
man. I was succeeded by .1. W. C. Long. He was succeeded by W. A. Bristol. 
I think Mr. Bristol was chairman in 1914. In 1916 Mr. Bristol made the ar¬ 
rangement to waive the poll-tax qualification. 

Q. Go ahead and explain.—A. I was just telling you that Mr. Bristol nego¬ 
tiated this agreement, and we lived up to the agreement. There was no clash 
about it at all, and both parties polled the biggest vote they ever polled up to 
any time prior to that in view of this arrangement. It was a matter of ex¬ 
pediency to the Republicans in this matter—the waiver of poll tax qualification 

Q. Y'ou tried it both ways?—A. Yes. 

Q. And when you entered into this agreement about the poll tax everything 
was fair and everybody was happy?—A. AY. A. Bristol is the man that initi¬ 
ated it. 


Q. That gave unanimous satisfaction?—A. Y"es. 

Q. And when you didn’t have it there was nnnnimous dissatisfaction*?—A I 
don t know that it was unanimous. The Democrats all voted Those Renubli- 
cans who were not qualified didn’t vote. ^ 

Q. So the Republicans thought it was good business to enter into this a"ree- 
ment?-A. Pretty good trade, I think, under the management, 

Q. You think they made a good trade this last time?—A. Yes • I do * I think 
Dr. Campbell got more votes. , r i k 

Q. You think the Republican Party ought to stand by a good bargain when 
they malm one?-A. I am willing to stand by it; however, Dr. Campbell may 
take a different viewpoint. ^ ^ 


CAMPBELL VS. DOUGHTON. 


55 


Q. One of the reasons why there was dissatisfaction was that lots of folks 
were called upon to pay people’s poll tax who were not suiticiently interested 
in politics to pay it themselves?—A. Yes, 

Q. Good deal of that doing on?—A. Yes. 

Q. That got to being a real nuisance to the candidates, didn’t it?—A. Pretty 
liard on them. 

Q. It was a great deal more tax than they are called to pay under the revalu¬ 
ation act?—A. To some it was, 

• Q. And that was the reason that the politicians on both sides were anxious 
to get rid of it—and all of them voted to wipe it out in the last amendment?—A. 
Good thing, too. 

(i. If this agreement hadn’t been made this year like it \yas before, why it is 
your oi)inion that the Republicans would be worse otf than they are now?—A. 
I am satisfied Dr. Campbell got some votes he would not have gotten. 

Redirect examination for contestant; 

Q. You say Dr. Campbell got more votes than he otherwise would have if you 
would have stood up to the poll-tax law?—A. Yes. You see the opposition had 
the data on them, and would have prevented them from voting. 

Q. How about tlieir votes?—A. They would have had every one of them 
qualified by the payment of poll ta'x, 

Q. What was the increase in the vote by the reason of this agreement?—A. 
That is hard to estimate on account of the ladies voting. 

Q. I mean prior to the ladies voting. In 1916.—A. I suppose it swelled the 
Republican vote and the Democratic vote in the neighborliood of from 300 to 
500 in the aggregate of both parties. 

Q. You mean there was something like 500 Democrats in the county who 
hadn’t paid their poll tax that voted?—A. I don’t know about that. I am 
speaking of the aggregate vote. 

( Objection by contestee.) 

Q. Dr. Campbell knew nothing about this agreement until the 1st day of 
May?—A. I am pretty sure he didn’t know it until after the 1st of May. 

Q. He was not nominated for Congress prior to that time?—A. I don’t recall 
the date of the congressional convention. 

Q. You didn’t say anything to him about it until late in the campaign?— 
A. He was out on the campaign when he was notified, so far as I know. 

Q. Do you know anything about any irregularity? You say you told Dr. 
Campbell to rely on other irregularities; what were they?—A. Absentee votes, 
mainly. 

Q. What do you know about that?—A. In my w’ard I kept a record of all 
the votes cast that day. ' 

Q. What ward was that?—A. Fourth; promptly at 3 o’clock. There is no 
earthly way of arriving in advance of the election of how many absentee votes 
are going to be on hand—no way for the Republicans to obtain that. At the 
hour of 3 at our ward I asked that we close the door in order that we might 
cast the absentee vote without any interruption. I was keeping record, the 
registrar, Mr. A. L. Lowrance, sitting right by me. We were at the end of the 
table. The congressional box was the first one. The Republican judge had 
possession of that; the Democratic judge had supervision over the other boxes. 
IMr. Lowrance exhibited a great stack of them. They were opened up like 
shucking corn and were passed up. The certificates and envelopes were kept 
back. The envelope contained the name of the voter—there is a form on the 
corner of the envelope to show the voter—that gives the initial showing who 
it was. These envelopes were being preserved without the certificates; he was 
holding them. Mr. Herbert Hoffman and others assisting there were taking 
the ballots. Under the change in the election law it permitted a man to fill 
up the certificate, voting the straight Democratic or Republican ticket; and 
that would be announced, and then these helpers would place the tickets in 
the box. 

Q. Did you find any of those envelopes that had any tickets in them?—A. 
Maiiv of them didn’t have any tickets in them. 

(L* What numbers—to what extent?—A. I don’t know; under the amended 

law had tliat right. 

Q. How many of that class?—A. I don’t recall that. 

Q. Were tliere several?—A. Yes; several of them—I don’t know how many. 

g. Do you know how many absentee votes cast at that precinct?—A. One 

hundred and three. 


56 


CAMPBELL VS. DOUGHTON. 


Q. What proportion of those were voted with that blanket certificate with¬ 
out the ballot being put in the enveloi)e?—A. I could not estimate that. It 
was being done rapidly. I was busy writing the names; I was keeping record 
of the vote*at that time—good many had no ticket in it—good many had no 
ticket at all, just a certificate. 

Q. Proceed and state what went with the ticket.—A. Tliey went in' the box. 

Q. What became of the envelope and certificate?—A. Mr. Lowrance had the 
entire pile down by him. Sometime before the place closed that evening I 
especially pointed out to Mr. Lowrance in the presence of Harry Grier, callin'g 
his attention to it, that I hoped he would save these certificates and envelopes; 
there was a possibility of a contest. 

Q. Hoped who would save them?—A. Requested the registrar, ]Mr. Low¬ 
rance—that I would be glad if he would save these. Called IMr. Grier’s atten¬ 
tion to it. I assisted in counting. After the absentee votes were all cast the 
doors were opened and the election went on until sundown. 

Q. What became of the certificates and envelopes?—A. I don’t know. I as¬ 
sisted in counting one of the most diflicult boxes to count, where there was a 
good deal of scratching, back in a little anteroom The Republican judge and 
other friends of Dr. Campbell assisted in the count of the congressional box. 

Q. What became of those certificates and envelopes after the election was 
over?—A. Let me finish, piease. After finishing these boxes, having been there 
from daylight without anything to eat, I hurried around to get me a little bite 
to eat, hurried back to 'aid in the further count—lights on, doors all open, 
everybody gone. I closed up the mayor’s office and I don’t know what went 
with the certificates. 

TQ. Do you know what became of the ballots?—A.,I don’t. They were all 
gone after 1 got back from getting a little lunch. 

Q. What time of day was that?—A. That was possibly 8 o’clock or 8.30— 
between 8 and 9 o’clock, I should say. 

Q. Do you have any recollection of anything occurring in regard to the bal¬ 
lot of IVIr. A. C. Morrison, or Mrs. A. C. Morrison?—A. I remember distinctly 
A. C. Morrison and Mrs. A. C. Morrison presented themselves to vote. I asked 
when he moved to Statesville. “ The latter part of July,” was his answer. 
“Where did you live.?” “High Point.” I said, “That is Guilford County?” 
“Yes.” “Did you pay taxes there?” “Yes.” That fixed his citizenship! I 
turned to the election officers and said, “Two years in the State, six in the 
county, four in the ward or precinct.” The crowd moved on and they got out. 
There was no vote taken on it, but later on they were presented, and Uie vote 
was taken and permitted to vote over my protest and that of the Republican 
judge. ‘ 

Q. How did they vote?—A. Democratic. 

Q. Did they vote for Doughton?—A. Yes. 

Q. Had you known them before that?—A. No. 

Q. Had they ever lived in this ward before?—A. 
time, but his own statement there would put him in 
years, and he admitted paying taxes there. 

Q. Do you know anything about the qualifications of Mrs. Margaret L. 
Byers?—A. She is the wife of H. J. Byers, Mr. Henry Byers. I talked to Mrs! 
Byers in person. There are two votes there, one from Margaret L. Byers and 
Mrs. H. J. Byers. My notes will tell me. [Witness refers to notes.] Byers, 
Mrs. iMargaret L., and Byers, Mrs. H. J. To the best of my knowledge'and 
belief they are one and the same person. Mrs. Byers herself said that she 
knew of no one by the name of Margaret L. Byers except herself. 

Q. How did she vote?—A. There were two absentee votes cast—one Mrs 
Margaret L. Byers and one Mrs. H. J. Byers, both absentee votes. 

Q. H. J. Byers is her husband?—A. Yes. 

Q. How did they vote?—A. Democratic. 

Q. Anything else you know about the irregularities about that election held 

on the Jd of No\embei? A. Well, there are a number of absentee votes here_ 

few people voted who were not registered. 

Q. Name them, please, from any memorandums that vou can refresh vour 
memory from.—A. To begin at the A’s, there are five Abshers. ^ 

Q. Did they vote under the absentee law?—A. W’hen I had 
of seeing the registration books it was the Saturday prior to 
election. I noticed these ladies being registered there and 
requested me to give him the list of all the Democrats’that 
had challenged. I had to surrender the book at 12 o’clock. 


I think they had at some 
Guilford for three or four 


the 

the 

Mr. 


opportunity 
Tuesday of 


Grier had 
the Republicans 
I hadn’t gotten 


CAMPBELL VS. DOUGHTON. 


57 


through at that time. While they were looking over the book I told him that 
I first wanted to get some information from the courthouse before preferring 
challenges. I examined the tax returns and found that Bernice Absher and 
George Absher didn't make capitation-tax return. George had returned lot 
V'alued at $150, I think. Fortunately, Mr. S. L. Parks, who had arranged all 
these records, their returns, was there. I told him I wanted to have grounds 
for preferring challenge, and, according to the-best of my information, the capi¬ 
tation tax was not returned: “ Will you, please, Mr. Parks, verify my findings 
from the returns?” Mr. Parks did so, and after looking carefully through he 
agreed with me that no capitation returns were made, notwithstanding one of 
them was making property tax. So I came back that afternoon, when we 
were hearing these cliallenges. That was the representation I made to Grier— 
he had charge of the challenges—that was the point I argued. I was waiving 
the fact that they had failed to pay the poll tax, but I raised the point that 
their failure to return poll tax showed the intent that they did not expect to 
become voters of Iredell County. He argued that you could not deprive a man 
of his right to vote on account of an oversight of listing poll tax. I said that 
he could not argue that in this case because the man made the property-tax 
return, and the evidence would be that he purposely failed to add capitation 
tax. 

Q. He was in the age required?—A. Yes; poll tax age. 

Q. Did they vote?—A. Yes; they voted. 

Q. How did they vote?—A. Democratic. R. H. McNeill, living in the Dis¬ 
trict of Columbia, at one time decided to make Statesville his voting place. He 
not only paid his capitation tax by the required time—that was before the 
absentee law was in effect—he would come here in person to vote. I turned 
the clock back on Mr. Grier and quoted his own opinion about that, and told 
him that he would recall telling me that he doubted seriously Mr. McNeill’s 
right to vote in Statesville, notwithstanding he was paying his capitation tax 
and paying them by the required time. .Tust in brief, the Abshers’s five votes, 
had I been presenting them and they voting the Republican ticket, just as sure 
as I am sitting here they would never have voted. 

Q. What do you know about C. Watkins?—A. I know Mr. C. AVatkins is my 
neighbor, and a very fine gentleman. We were all greatly distressed when 
they moved away from Statesville. 

Q. When did they move away?—A. First of last May. 

Q. Where did he go to?—A. Black Mountain. 

Q. Did he vote?—A. He and his wife both. 

Q. How?—A. I think they were in New York when they voted. 

Q. How did he vote?—A. Democratic. 

(^. Anything else?—A. Yes; there are other cases there. 

Q. Do you know anything about Mark Pope?—A. One of our friends up there 
brought ill a little information in regard to Alark Pope, and when I was going 
through the registration book I noticed Mark Pope’s name was there in differ¬ 
ent writing and different ink. 

Q. AVhen did ’f^ou observe that?—A. That was on challenge day, Saturday 
prior to the election. So far as I know, in going over this book (fourth ward 
book) every name was written in the same handwriting, same ink, and every¬ 
thing, until we got to Mark Pope. The information came to us that Mark 
I’ope registered after the time expired—I dont know a thing about that. Mr. 
I.owrance said he registered him at the required time. His explanation was 
that in going over it after it had been transcribed that Mr. Mark Pope’s name 
had been omitted and he put it in. 

Q. When did he make that explanation?—A. That day, right there. 

Q. Do you know Mark Pope?—A. No, sir; do not. 

' (}. You don’t know whether he was a qualified elector here, or not?—A. My 
information is that he was—that he had been here long enough. 

Q. Do you know whether there has been any names added to that registra¬ 
tion book since this contest started—if so, what [ibout it?—A. There is one 
here in different writing, Mrs. T. A. AIcDougakl. 

Do you know whether she voted or not?—A. I kept a list of the voters 
and I have a record that she voted. 

(2. How did she vote?—A. Why, I didn’t see her vote, but I think I know 
her iiolitics; all the family are Democrats. 

Q. Is that a name that has been put on there since this contest started?— 
A. The name is under the letter M. Just prior to the announcement of this 
contest, Mr. Dulin and I were working on the poll books in the register of deeds 


58 


CAMPBELL VS. DOUGHTON. 


office. We counted the names on the registration book. Under the letter M was 

114. 

Q. IS^ow, how many are there?—A. (After counting names). According to my 
count I made 115. 

Q. It is very evident that the name has been added on there?—A. It is here 
to show for itself. 

Q. How many were added?—A. According to my count there are 115 on there 
now. 

Q. One hundred and fourteen before?—A. Yes. 

Q. Any other additions made that you can discover?—A. I saw the register 
Mmite Mrs. J. S. McGlamery here on election day. I knew she liad registered, 
but it seemed her name could not be found on election day, but the registrar 
was satisfied that she had applied and was there. I was present when she 
registered. Her name was put on there registration day—it was an oversight 
on the part of the registrar—no intention on his part to defraud her out of her 
vote at all. On that same day I requested a copy of this book, just about the 
time that the registrar’s duties ceased. 

Q. What day was that?—A. The last day of registration. 

Q. Saturday before the election?—A. That was on the last registration day. 

Q. Second Saturday before the election?—A. Yes; second Saturday before 
the election. I made the request in the presence of Gordon Scott and James D. 
Cochrane, both city officials. As evidence of good faith and ability to pav f 
tendered him $5. 

Q. hat did he say to you? A. •Whj', he didn’t know, he would “see about it 
I told him that I applied to him at a time for a copy of the registration book 
that would not interfere with his official duties. Along the first of the week T 
saw him in his office and aske{l him for a copy. 

Q. Mas that before or after this date?—A. It was Monday or Tuesday 
following the Saturday that I applied. 

Q. What response did you get to that?—A. IVell, he would see about it- 

didn’t'get ^ 

Q. Did you examine the registration books prior to tlie Saturdav lipfore 
SaturS” ^ voting ptaoe-'onlfon 

Q. He is in the county on other da.vs?-A. Tes; but can’t iind them easily 
to<?'long ^ ‘ Wm?-A. No; I have been in the business 

stated here to-day that he passed these certificates that 
1 r in which absentee votes had been transmitted over to 

the Republican judge. Did you observe anything of that kind?_A. I think 

mistaken about that, because he was sitting down and I wis 
sitting down. The inde-os fn hnvo .-iiuiig ao^\n aiui i was 



piled them right back in his lap, or somewImr^^prS Lad 

book opened up—and these helpers would pass the bollotL in 

the supervision of the judges. ^ ^ ballots in the box under 

Q. What became of the certificates and envelono^v—A Thay- -i i 

11* "£ igsgsg'ir.h'.T "" 

Recross-examination by Mr. Lewis: 

Q. In the voting here I ask you whether it is nra 
Byers voted and ask yon whether Mrs H T L ^ 

My records show Mrs. Margaret L Byera vorad oL / ‘'’‘' ^ 
and the best information I can get thev afP*or,^'’‘^®'i*.? ®y“'S, 

Q. I will ask yon if Mrs, T# and m® „ 

the two that voterl?—A. Here are the absentee yotes^ ®''™ ‘"'® 

only two ladies in the Bvers familv thnt vnLi Mai^aret Byers aren’t the 
that?-A. Mrs. R. F. B^rs vXd if npLnn show 

and seyentemth person that voted. Mrs. R.V Bv4fanTMr”R f‘'r 

m H. J. Byera voted in person. Therf'i:;;^;'?;’emV.e^'trthnLr.S 


CAMPBELL VS. DOUGHTON. 


59 


Q. I ask you the number of your poll book of Mrs. H. J. Byers?—A. In my 
book it is 680 and in Mr. Marvin Joyner’s it is 682—I ran two behind him. 

Q. What is the number of Mrs. Mar.jjaret L. Byers?—A. Six hundred and 
eighty in my book and six hundred and eighty-two in the other. 

Q. What is Mrs. H. J. Byers?—A. Seven hundred and twenty and seven 
hundred and twenty-two in Mr. IMarvin Joyner’s book. 

Q. So you could be mistaken about those two voting, could you not?—A. Both 
records show that. 

Q. The regular record kept of the election officials and turned over was 
kept by whom?—A. Mr. Marvin Joyner and others kept it there. 

Q. That record shows that Mrs. IMargaret L. Byers voted as number what?— 
A. Six hundred and eighty-two. 

Q. And yours shows 680?—A. Yes. 

Q. I ask you whether you ever looked at that record and whether you don’t 
know as a fact about it that Mrs. H. J. Byers didn’t vote. Mrs. INIargaret 
Byers voted, but Mrs. H. .T. Byers didn’t. Your record shows the same thing?— 
A. If you will get your poll book, you will see No. 672. 

Q. Let’s go to the Abshers. Isn’t it a fact that they paid their poll tax 
of date February 21, 1919?—A. I don’t know a thing about that. 

Q. Wouldn’t the tax records show you that?—A. I don’t know a think about 
that; I was just looking at returns. 

Q. What is that [showing witness book] ?—A. That is the stub of Bernice 
Absher; I don’t know the month. 

Q. That is the tax record in Iredell County, isn’t it?—A. Y^es. 

Q. Didn’t they pay their poll taxes February 21, 1920?—A. It is 21, 1920; 
something. It may be February; it is a little indistinct. This one, George 
Absher, looks as though it was February 21, 1920; little plainer than the 
other; that is the tax book all right. [Witness has had book in hand.] 

Q. Now, I ask you whether the Absher boys are not living in Washington,, 
went from here to Washington?—A. That is my information. 

Q. I ask you if the poll tax was not returned this way; are there not lots 
of people living away who don’t make their poll tax return every year?—A. Yes. 

Q. Didn’t C. Watkins leave his furniture here in his home and went away 
temporarily; he is living here to-day?—A. He is back. 

Q. Don’t you know he didn’t rent his home; kept his furniture in his 
home?—A. I think his furniture was moved; he bought a home at Black 
Mountain. 

Q. Don’t you know his furniture was left here in his home?—A. He wanted 
to sell his home. He sold his business and agreed not to enter into business, 
and it was understood that after he summered he was going to the East to 
enter into business. 

Q. Did he engage in business anywhere? Wasn’t it generally understood 
that he w^as coming back and live here?—A. I didn’t understand it. 

Q. You know Mrs. McDougald?—A. Y’'es. 

Q. Did you ever ask her whether she registered?—A. I did not. 

Why didn’t you ask her and know for certain? 

(Objection by contestant.) 

Q. You swear positively how these people voted—do you know how they 
voted? Did you see their tickets put in the boxes?—A. Out of the 103 absentee 
votes, to the very best of my knowledge and belief, every single one was Demo¬ 
cratic votes except two. 

Q. Mrs. T. A. McDougald didn’t vote as absentee voter?—A. No. 

. Q. How do you know she voted a Democratic ticket?—A. I know the politics 
of the family. 

Q. Mrs. McDougald had never voted up to this time?—A. No. 

Q. Do you swear positively she voted Democratic ticket?—A. No; I said I 
knew the politics of the family. 

Q. So you don’t know how Mrs. McDougald voted?—A. No; I don’t. 

Q. About Mr. Pope, I ask you whether it is not a fact that he is an old 
Confederate veteran that has lived here about four years and the county con¬ 
tributes to his support?—A. I understood so. I never saw him at all. 

Q. Lowrance told you that he was registered legally and that in transcribing 
to the new book left his name off, and put it on?—A. I told you that was Mr. 

Lowranee’s explanation of it. , o 

Q As to Mr. A. C. Morrison, I ask you if he has not lived here all his life?— 
A. I don’t know it. My attention was called to the fact that he had been 
absent from the county. 


60 


CAMPBELL VS. DOUGHTOl^. 


Q. A man could own property in another county and live here?—A. Yes. 

Q. Do yon know a woman by the name of ]Mrs. D, J. Welborn?—A. No; I 
don’t recall it. 

(}. Sometime before the election yon came to my office and got a certificate 
to mail to Mr. P. D. Cline, didn’t yon?—A. Yes. 

Q. Don’t yon know he has been in Petersburg, Va., since 1912 and never 
made a tax return in Iredell Comity since?—A. I am glad yon mentioned that. 
I had heard a rumor on the street about my getting that vote. I saw P. D. 
Cline, jr. I asked P. D. where his father was. He said he was in Petersburg. 
I said, “ Let’s go over to the chairman of the election board’s office and get a 
ticket for him,” Mr. Lewis readily gave me the ticket and envelope and com¬ 
menced jollying little P. D. about being Republican. I took that ballot on 
around to Mr. .Tolm Sharpe’s office, the chairman, and he mailed it to Mr. 
Cline. I think it was right after the election, or sometime, some mention was 
made about the fact that P. D. Cline was not a legal voter. That was the first 
intimation I had. I had supposed he was living here with his family and was 
a legal voter. If he was not a legal voter his name was on the envelope, and 
all yon had to do was to whisper to your registrar and challenge him. 

Q. Wasn’t he put in the box?—A. Yes. I didn’t know and wasn’t told he 
was not a legal voter, 

Q. It went through despite the fact he hadn’t made a tax return and hadn’t 
voted here for 10 years?—A. I know he voted, I saw his name. 

Q. How do you know how these people voted—these absentee voters?—A. I 
say to the best of my knowledge and belief. 

Q. How do you form your opinion about it—did you see the ticket?—A. 
Some of them; not all of them. 

Q. So, you don’t know how IMrs. Byers voted, for instance?—A. Why, I think 
she told me. 

Q. INIrs. Margaret L, Byers told you?—A. Yes; and INIrs. H. .1., one and the 
same. 

Q. She told you she voted one time?—A Yes, 

Q. How did Mr. A. C. INIorrison vote?—A. Democratic; and INIrs. Byers told 
me that she signed one certificate; and the Lord knew she only signed one 
certificate—and I was prepared to believe every word the lady said*. 

Q. How did Mr. A. C. Morrison vote? Did' you see him vote?—A. You can 
always tell by the people who are backing up everyone how they are going to 
vote. There were no Republicans urging Mr. A. C. Morrison and his wife to 
vote. 

Q. You didn’t see his votes?—A. No. 

Q. You don t know how the Abshers voted?—A. I know when you registered 
them in the district they are going to vote Democratic, 

Q. Haven’t George and Bernice Absher lived here and registered here?—A. 
Yes; the books will show, 

Q. How do you know how they voted?—A. The ladies would usually vote 
like the husbands, and you registered the ladies. Mrs. Lethia Absher, Mrs 
INIacie Absher, and Mrs. Roxie Absher registered—it don’t give the date. 

Q. When was George and Bernice registered?—A. The record shows that 
George W. Absher was registered IMay 20, 191G. 

Q. So, I didn’t register these in Washington?—A. Not George nor Bernice 
either. 


Q. How do you know how they voted? If they voted Democratic ticket, 
how do you know whether they voted for the contestant or contestee’—A To 
my knowledge and belief. 

Q. How do you know I registered these people in Washington*? You ai'e 
swearing.—A. It is a matter of record that von registered them 

Q. But where did I register them?—A. The record don’t give that; but voii 
stated, this morning, that you registered 25 in the District of Columbia * and 
as they live there, I took it you registered them—I don’t swear you registered 
them there, 


(}. All these people that, you have named—I want to ask you whether you 
Ccin SN\ear, ^^hether you know of your own knowledge whether anv of these 
people that you have named voted for the contestee, R. L. Doughton—the Bvers 
Mr. and Mrs. A. C. Morrison, all the Abshers, and Mr. and INIrs C Watkins— 
can .vou swear that either of them voted for R. L. Doughton?—A I feel by them 

like I do by you. I am sure you voted for him. It is the general oninion that 
they affiliated with the Democratic Party. . ^eneiai opinion that 

Q. t you know, as a fact, that it is not evidence to swear to the best 
of >0111 knowledge and belief, that you, on the wdtness stand, have to tell 


CAMPBELL VS. DOUGHTOIS^. 


61 


what you know? Don’t you know no person is allowed to swear what they 
believe. On what did you form your belief? How did you form that belief, 
what facts have you got?—A. You know, without seeing people vote, about how 
they voted—there are exceptions, of course. 

Q. On what facts do you base your opinion?—A. Take A. C. Morrison, for 
instance, when the people around there was contending for him to vote it 
was generally concede<l that he was voting in sympathy with them, isn’t it? 

Q- So, you admit that you do not know of your own personal knowledge how 
they voted?—A. Many of them I don’t, only from just general belief, knowing 
their families, and so on. 

Q. And so you really don’t know, and i)retend to know, as a fact?—A. To the 
best of my knowledge and belief they voted the Democratic ticket. 

(}. Yon don't know that as a fact?—A. 1 didn’t stop and delay the election 
to let me see. 

Q. Some of them might have voted for ]\Ir. Campbell?—A. If they had voted 
that way the returns would have been different. 

Q. You won’t admit that you know that these people voted for the con- 
testee?—A. I think they did. 

Tuesday. 

Mr. L. C. WAGNER, recalled by contestant, testified as follows: 

Direct examination by Mr. Britt : 

Q. Following the line of testimony in which we were engaged yesterday 
afternoon at the close of the hearings, I ask you, relatively speaking, to what 
degree have you participated in public affairs in relation to elections in Iredell 
County in the last 15 or 20 years?—A. Why, I have been a candidate many 
times. 

Q. For what offices?—A. I made a specialty awhile of running for the legisla¬ 
ture. My first effort—I was 21, I believe, when I was nominated for the posi¬ 
tion of treasurer of the county, then I was promoted and was nominated for the 
lower house of representatives. I have been a candidate twice, I think, for 
commissioner, the only office that I wanted, and after the issuance of the $400,000 
road fund here I really wanted to be elected, but I could not be too active—I 
thought I could be of real benefit to the citizens of Iredell County if I should 
have been. 

Q. What I am asking, as leading up to this question, have you, in your various 
experience as a candidate for office and as a worker for the party in the county, 
had an opportunity to observe, and reasonably to know the methods in cam¬ 
paigns and elections employed by the two parties in the county?—A. As I stated 
yesterday, I was chairman of the county executive committee in 190G, 1908, and 
1910. The greater part of my efforts were put forth in poll-tax qualification. 
The constitutional amendment of 1900 made that one of the requirements—the 
payment of poll tax on or before May 1. 

Q. On yesterday you stated that you had, in different elections, endeavored to 
bring about, and, in some instances had brought about, a mutual and informal 
understanding between the party managements that there should be no insistence 
upon the constitutional requirement that the voters between the ages of 21 and 
50 should be required to pay their poll tax on or before May 1 in order to be 
able to vote—please state for the record why you pursued that action? 

(Objection by contestee.) 

A. I was not a party to the first agreement in 1916, and the only agreement 
that I was a party to was this one made in 1920. My preference always had 
been, and so stated, if I mistake not, in the presence of Mr. Grier and Mr. Hart- 
ness, that we use our utmost endeavor to notify every man in the county liable 
to the poll tax the importance of the payment of same on or before the 1st day 
of May—to do that to the best of our efforts, and when that was done, then all 
stand back and see the enforcement of the law. That was my preference, and 
it was my wish that that be done. 

Q. What public information, if any, or for what reasons were you led to be¬ 
lieve, if you were led to believe, that the certified lists, if certified, were not 
always dependable, as lists which could be challenged and denied the right to 
vote because tliey certified that the poll tax had not been paid? 

(Objection by contestee.) 

A. If I remember right, I stated yesterday that you could not sustain 1 out 
of 10. There was always a great deal of confusion about it, and, in justice to 
the managers I will say that a number of instances where Republicans were 


62 


CAMPBELL VS. DOUGHTON. 


challenged they would present poll-tax receipt—there were errors, then, on the 
part of Republican voters that occurred also. 

Q. Had you any public information of any estimate of value which the man¬ 
agement of the Democratic Party in the State or county placed upon the fact 
that the election machinery was in the hands of that party ? 

(Objection by contestee.) 

A. The distinguished senior Senator of North Carolina is credited with hav¬ 
ing said that the election machinery is worth 40,000 votes. If the registrars 
throughout the State are as live and energetic to the interests of the party as 
they are in Iredell County I would say that was a conservative estimate. 

Q. Do you know what effect that would have upon the vote of Iredell County 
and upon the vote of this congressional district, estimating that this report were 
true. 

(Objection by contestee. Objection to the whole line of testimony as being 
entirely irrelevant to any issue raised by this investigation by this contest.) 

A. In round numbers there are 1,600 voting precincts in the State of North 
Carolina, 25 votes to a precinct would make Senator Simmons’s estimate— 
40,000. There are 143 precincts in the eighth North Carolina district, if I mis¬ 
take not. That being so, and Senator Simmons being right in his estimate, 
would give any man who runs for Congress in the eighth district a handicap 
of 3,575. 

Q. When you said it would give that handicap to any man that run for Con¬ 
gress, you meant who run upon what ticket?—A. Any man who ran upon the 
Republican ticket. 

Q. How many precincts are there in Iredell County?—A. Twenty. 

Q. If this public rule should be verified in practice what would [balance of 
sentence missing].—A. Would be an advantage of 500. 

Q. To whom?—A. The Democratic nominee. 

Q. You have stated that you have the information merely upon which this 
rule is based. I ask you if in your experience as a candidate and as a party 
manager have seen, heard, or known anything that tends to verify the rumor 
to which you have referred. 

(Objection by contestee, for the reason that it is all rumor, hearsay generally, 
and irrelevant to any issue in this investigation.) 

A. I know that the Iredell organization is efficient. I know that. I suppose 
it is superior to any in the State, the Democratic organization. I fell sure if I 
could select the registrars it would be an advantage of 500, to use the same effort 
that they do. I feel reasonably sure of that, and I believe anybody will agree 
with me that is familiar with the facts. 

Q. You don’t mean to say you would take the advantage if vou had the op¬ 
portunity of appointing the registrars?—A. A few days after^ being flattened 
out I might be willing to take advantage, but after I had cooled off I would not. 

(). On yesterday in your direct testimony you stated that you observed to Mr. 
Grier and others at the polling place the importance of strict adherence to the 
election law, because of the fact that if any contest should arise the informa¬ 
tion would be ofiicially valuable, I ask you if by thnt observation you had ref¬ 
erence to the portion of election law which I now read concerning the return of 
the certificates of absentee voters, as follows: “ The ballot, or ballots, so voted 
together with the accompanying certificates, shall be returned in a sealed en¬ 
velope by the registrar and poll holders with their certificates of the results of 
the election and kept for six months, or in case of contest in the courts until 
the results are finally determined.”—A. I did not. No. I didn’t have that in 
mind. 

(). Explain for the record.—A. We want over that, the interpretation that that 
only had reference to those who elected to write their name on the face of the 
envelope, and we had no such voters in our ward. 

(}. What did you mean by that observation that you made?—A. I thought 
that was a simple request; that it would be an aid to us in case of a contest * 
that it would work no hardship upon any one. 

Q. Mas it piedicated upon any understanding, agreement, or premeditation 

upon your part or the part of others of any knowledge of any contest?_A. No* 

it was not. The only reason that I made the suggestion of a thing of that kind 
was the fact that my acquaintance with Dr. Campbell was such that led me to 
believe thjit if he thought irregularities existed that he would not stand idle 
under a thing of that kind and would contest—and that is the thing that made 
me suggest it. 

Q. That was the thought, or invention, or impression of vour ovm inTuD_V 

Entirely so. .... 



CAMPBELL V^. DOUGHTON. 


63 


Cross-examination for contestee by Mr. Bickett : 

Q. How many counties in the eighth congressional district?—A. Nine. It was 
originally formed with 11. Surry was first amputated and Wilbes was taken 
off, and IS now composed of 9 counties. 

Q. That was Democratic surgery?—A. Yes. 

Q. Do you know how many counties in the district that Mr. Campbell carried 
in the last election?—A, I think he carried six, didn’t he? 

Q. Do you remember how many of those counties the local candidates for the 
Republican Party were elected in ?—A. I suppose the same number he carried; 
I would assume that. 

Q. So that out of the nine counties in the district, although the eleiTion ma¬ 
chinery was in the control of the majority party, the candidates of the minority 
party were certified as having been elected? If you all were to have carried the 
State you would have control of it?—A. Absolutely. 

Q- Notwipistanding that the machinery was in control of the majority party 
in these different nine counties these Democratic election officials certified that 
the local Republicans had been elected and that Mr. Campbell had carried the 
county, didn’t they ?—A. Yes ; it is a matter of record. 

Q. Do you know of any Democrat in the district that has contested the elec¬ 
tion of a Republican?—A. I do not. 

Q. Do you know of any Republican in Iredell County, or Rowan, or Alle¬ 
ghany who is a candidate for a county office that is contesting the election of 
his Democratic opponent?—A. Not one. 

Q. So the contest here of Dr. Campbell is the only case in which this question 
has been raised?—A. It is the only one to my knowledge. 

Q. Coming down to Iredell County—you know this county from A to etc., 
politically?—A. Fairly well acquainted with it. 

Q. You got pretty well acquainted with it while you were making the race for 
the legislature, your specialty?—A. I didn’t go around, though—I didn’t visit the 
precincts. 

Q. And while the Democratic organiz.-ition is efficient-A. Very. 

Q. We are supposed to admit that the Bepublicaii organization in Iredell 
County does not sleep on the job, does it?—A. It tries to exist. 

Q. It is fairly active?—A. Yes; not so numerous. 

Q. There are just not so many of them?—A. Not so many workers. 

Q. I ask you, speaking about rumors, if it is not the well-known general public 
opinion in the State that about the most amazing thing in the life of North Caro¬ 
lina is the activity and vitality of the North Carolina Republican? 

(Contestant objects to this speculation as being irrelevant and immaterial.) 

A. If he was not he would soon become extinct. 

Q. So he is a born fighter, ain’t he?—A. Many of them are. 

Q. And he survives because he does fight?—A. It helps, no doubt. 

Q. And in no county does he fight harder than in Iredell?—A. I don’t know 
about that. 

Q. They got out to the polls in this last election?—A. The morale was never 
better. 

Q. So far a's you know, on the 2d of November, 1920, every Republican in 
Iredell County did his duty, didn’t he?—A. So far as I know. A number didn’t 
get registered. 

Q. Well, we went into that with the various registrars. Do you know of any 
of them that were not registered because they were denied the opportunity?— 
A. No; it was not so convenient for them. 

(). The Democratic registrars didn’t chase them around?—A. Didn’t run them 
down. 

Q. Didn’t run them down and register them against their will?—A. No. 

Q. Whenever they came up and asked to be registered they were registered 
like anybody else?—A. Yes. 

Q. That remark that you made about the senior Senator from North Carolina, 
you never heard the Senator say that himself, did you?—A. No, sir; I did not. 

Q. That was just a newspaper report?—A. I have never heard it denied. I 
don’t know the authenticity. 

(). The average Republican doesn’t believe everything he sees in the news- 
pa})er?—A. Not everything, not all the time. 

Q. Did you ever see that in a newspai)er yourself?—A. I have seen it men¬ 
tioned ; yes. , . ^ . 

Q. Do you rememl)er whether it was a Democratic or Republican newspaper 

you saw that in?—A. No, sir; I don’t. 



64 


CAMPBELL VS.-DOUGHTON. 


State of North Carolina, 

Iredell County: 

I, Monroe A’dnms, notary public for and in the county of Iredell, as coininls- 
sioner of testimony in the hearing of James I. Camphell, contestant, and Koheit 
Jj. Doughton, contestee, do liereby certify that the above transcript of evidence 
by Mrs. C. L. Cruse, stenographer, who was duly sworn as stenographer for the 
same, is a true and correct transcript of evidence produced before me as com¬ 
missioner of testimony, 

[SEAL.] Monroe Adams. 

IMy commission expires April 19, 1922. 

Hearings resumed at the county courthouse, Stntesville, N. C., at 10 o’clock 
a. ni., Tuesday, February 15, 1921, before Monroe Adams, Esq., notary public 
and commissioner of tesGmony. Present, Hon. R. L. Doughton, contestee, and 
Hon. .Tames I. Campbell, contestant, and counsel as entered upon record of 
the previous day. 

The following is offered and is to be copied into the record: 

Exhibit B. 


North Carolina, Iredell County: 

In the matter of the contest of Dr. J. Ike Camphell, contestant, against R. L. 

Doughton, contestee, from the eighth congressional district of the State of 

North Carolina. 

It is mutually agreed and understood that the first hearing or the taking of 
testimony in said contest, if begun in the county of Iredell, State of North Caro¬ 
lina, shall not be commenced until on or before the 14th day of February, 1921. 
The said R. L. Doughton, contestee, agrees to allow the said Dr. J. Ike Camp¬ 
bell, contestant, two weeks’ additional time to bike testimony in said contest, 
provided the first hearing is held in the county of Iredell. State of North Caro¬ 
lina; that is. if the first hearing is held in the county of Iredell, State of North 
Carolina, the contestant. Dr. .1. Ike Campbell, shall have the same time to 
take testimony as he would have had should the hearing have been herld as 
first set for the county of Iredell, State of North Carolina, on the 31st day of 
.lanuary, 1921. 

It is further agreed and understood that this extension of the time to the 
contestant. Dr. J. Ike Campbell, is not to be deducted or taken from the time 
allowed by law for the contestee, R. L. Doughton. He is to have the same 
time for the taking of his testimony as is allowed by law. 

In witness whereof the said contestant and contestee have hereunto set their 
hands and seals this the 27tli day of .>anuary, 1921. 


(Signed) 

James I. Campbell, [seal.] 

(Signed) 

James J. Britt, 

(Signed) 

A. E. Holton, 

(Signed) 

Attorneys.. 

R. L. Doughton. [seal.] 

(Signed) 

Zeb V. Long, 

(Signed) 

J. G. Lewis, 


Attorneys. 

(Contestant here proposes to tender for examination witnesses on behalf of 
the contestant, Mrs. C. B. Drum and D. W. Gryder, of whom notice had not 
been given to counsel for the contestee; and counsel for contestee, contestee be¬ 
ing present in open hearing, waives notice of the appearance of such witnesses, 
and their examination is proceeded with.) 

IMrs. C. B. DRUM, being called by contestant, testified as follows; 

Direct examination by Mr. Britt: 

Q. Where do you live?—A. Paola Cotton Mill. 

Q. Where is that?—A. It is about a mile and a half from here, I reckon. 

Q. Where were you on October 29 last?—A. I was at home I guess. I don’t 
know of going anywhere. 

(). Do you know Mr. M, L. Pope?—A. Yes. 

Q. State what relation, if any, he is to you.—A. By marriage. He is a re¬ 
lation by marriage. I married his grandson. 


CAMPBELL VS. DOUGHTON. 


65 


Q. State whether you and he live in the same household.—A. Yes. 

Q.‘ State whether at any time prior to the last election Mr. Pope was waited 
upon by a INIr. Alexander or anybody else in regard to his registration for the 
coming election.—A. Not that I know of. 

Q. That means did anybody come to see him?—A. No, sir; nobody but Mr. 
Alexander. 

Q. I asked if ]\Ir, Alexander did?—A. Yes. 

Q. Then your answer to that question is “yes”?—A. Yes. . 

Q. Who came to see him?—A. Mr. Rufus Alexander. p;; 

Q. Were you present at the conversation?—A. Yes. 

Q. State what was said.—A. Well, he come to the back door and he knocked, 
and I went to the door, and he says, “ Is this where Mr. Pope lives?” xVnd I 
said, “I live here”; and he said, “Does Mr. Pope stay with you?” and I 
said “ Yes,” and he said, “ I would like to speak to him, please,” and I showed 
him right over to the right at the first door you come in where he was at, and 
he went and shook hands with him and told him what he came for. He said,. 
“ I come up to register and vote you for this election.” And I said, “ The hooks 
are closed, aren’t they?” “ Oh, well,” he says, “ it doesn’t make any difference,” 
and I said, “ We ol)ject to that,” and he went ahead and registered and voted 
him anyway. « 

Q. Did he take his name down on anything?—A. Yes; on a white piece of 
paper. 

Q. You were present and saw that?—A. Yes; and told him to sign it, and he 
took hold of the pencil and signed it. 

Q. What was the condition of the health of your grandfather at that time?— 
A. Rheumatism, the doctors say. 

Q. On what day of the month was that?—A. On October 29. He come in at 
the back door and also went out at the back door. 

Q. What is your grandfather’s politics?—A. Democrat. 

Q. Was anything said there about wanting him to vote the Democratic 
ticket?—A. No, sir; wanted him to vote. 

Q. Do you know of your personal knowledge that.he votes the Democratic 
ticket?—A. Yes; whenever he votes he votes that. 

Cross-examination for contestee, by Mr. Bickett; 

Q. You say you saw your grandfather sign a little piece of paper?—A. Yes; 
he made a cross mark. 

Q. Little something like that, on a piece of paper like that [showing witness 
blank] ?—A. Something sorter like that, but it didn’t have any letters on it, 
that I .remember seeing any letters on it; just a plain piece of white paper 
[showing witness printed blank]. 

Q. He signed and Mr. Alexander witnessed it?—A. Y^es. 

Q. What are your duties beside looking after your grandfather?—A. Cotton 

What time do you go to the cotton mill?—A. I go about half past 6, but 
I was not there that day; we didn’t run full time back then. 

Q. What time do you go to the mill of a morning?—A. Half past 6. 

Q. What time do you get back for dinner ?—A. Twelve. 

Q. What time do you get back after dinner?—A. Half past 6. 

Q. So that you are away from the house about 10 hours of the day?—A. 
Yes • but I have a woman there that stays all the time. 

Q.’ You yourself are away?— A. Yes; not all the time. 

Q If a man you know that was a man of good character would say that he 
went there while you were at the mill some time when you were not at home, 
and saw your grandfather?—A. I haven’t seen anybody there. 

Q If a man in your neighborhood out there that you knew was a man of 
good character had said he went down there and saw your grandfather some 
time during the day when you were at the mill, you would not deny it?—A. If 
he was there I couid not deny it; but I don’t think there has been anyone there. 

Q ‘you don’t know it?—A. No, sir; I don’t know it. 


Mr. D. W. GRYDKR, called by contestant, testitied as follows; 


Direct examination: 

O Where do you live?—A. I live at Paola Cotton Mill. 

Q. How far do you live from the home of Mr. and Mrs. Drum?—A. 
or twenty steps—just across a narrow street. 


Fifteen 


5 


57G95—21 



66 


CAMPBELL VS. DOUGHTON. 


Q. State whether you were present on the day that Mr. Rufus Alexander 
came.—A. It was on Friday, October 29, about noon. I went in the house.^ My 
wife was out. I go some cold stuff and'was standing on the back porch eating- 
it and I saw an automobile come up—never paid any attention to it, and stood 
there a little bit, saw a man come out of the back door—didn’t pay much atten¬ 
tion to him to know who he was. I stood there a little bit and they went on off, 
and I went toward the door, and Mrs. Drum came out and said, “ Did you see 
what that man did?” I said, “No”; and she said, “He came here and regis¬ 
tered grandpap.” 

Q. By grandpap whom did she mean?—A. Her husband’s grandfather. 

Q. Was that immediately after the man left?—A. Yes. 

Q. Do you know Mr. Rufus Alexander?—A. Well, I hardly know him. I 
am not well enough acquainted to know the gentleman good. 

Q. Do you know the usual politics of Mr. Bope?—A. Not exactly; I have 
always heard he was a Democrat. 

Cross-examination for contestee by Mr. Bickett : 

Q. You don’t know whether he went to register or whether he went to get 
his ballot?—A. I could not say what his purpose was. 

Q. You know that Mr. Alexander is not the registrar in that precinct?—A. I 
think so. • 

Q. Mr. Lowrance is registrar in that precinct?—A. Yes. 

Q. Mr. Alexander would not have a right to register anybody?—A. I would 
not think so. 

Q. You don’t know whether Mr. Lowrance ever went up there, or not?—A. No. 

Q. You never saw him?—A. No. 

Mr. R. L. CASH, being called by contestant, testified as follows: 

Direct examination by Mr. Dulin : 

Q. Where do you live?—A. I live in the upper end of the town of Lackey 
Street. 

Q. How long have you lived there?—A. Lived there for the last 10 or 12 
years, or right in that neighborhood—not exactly where I am living now. 

Q. Do you know a man by name of Pryor E. Hefner?—A. Yes; he is my 
nephew. 

Q. You know his wife also, do you?—A, Yes. 

Q. How long have you known them?—A. I have known Pryor all his life. 

Q. How long has he been moved away from this country?—^A. He has been 
gone from here about nine years—he married about five years ago, and he and 
his wife have been living in Washington ever since. 

Q. Do you know of your own knowledge whether Mrs. Mary L. Heffier ever 
lived in the State of North Carolina at all?—A. Yes; she lived in Shiloh Town¬ 
ship out here. She was Mr. Deal’s daughter. 

Q. He married her five years ago and she went with him to Washington 
city to live?—A. Yes. 

Q. Do you know anything about the Absher family, George Absher?—A. Yes; 

I know the Abshers. 

Q. Do you know George?—A. Yes. 

Q. Do. you know Bernice?—A. Yes. ' 

Q. Do you know Mrs. Letha?—A. I don’t know the young men’s wives. 

Q. Do you know Mrs. Macie?—A. I have known her for just a short time 
before her and George Absher were married. 

Q. Do you know Mrs. Roxie?—A. Yes. 

Q. How long have they been moved away from this country ?—A. Some three 
or four years, I think; something like that. 

Q. Has it been as much as three years?—A. I think so. 

Q. Where did they move to?—A. Washington. 

Q. Do you know whether they are employed there?—A. Why, yes; I have 
heard so. 

Q. Do you know what they do?—A. When George Absher first went there 
he was working for munition plant—I don’t know what he is doing now. 

Q. Did Bernice work at the munition plant, too?—A., I don’t know about that. 

Cross-examination for contestee, by Mr. Lewis: 

Q. These people that you mean live in the city of Washington?—A. Yes 
Don’t you know as a fact that the people of Washington can not vote 
there?—Yes. 


CAMPBELL VS. DOUGHTON. 


G7 


Q. Do you know, or do you not, that Mr. George Absher is now working for 
the United States Governnient, being polieeinaii in the city of Washington?—A. 

I don’t know what he is doing now. 

Q. Before Mr. Hefner moved to Washington he lived over here in this ward 
and was registered tliere, was he not?—A. No, sir; when he left here-he was 
only about 18 years old. 

Q. Been registered several years now, hasn’t he?—A. I don’t know whether 
he ever registered here, or not. 

Q. He has been voting here since he left here?—-A. Not that I know of. 

Q. You don’t keep up with who votes* and who does n<)t? This book I hand 
you is registraton book. Here is Pryor E. Hefner’s name. I ask you whether 
it doesn't say that he registered on the 0th day of October in the year 1918? 
[Hands witness book.]—A. I don’t know about that. 

Q. I ask you whether he didn’t vote during the election of 1918?—A. I don’t 
know about that. 

Q. Mr. George Absiier and iVIr. Bernice Alisher, they lived in that ward before 
they moved to Was*hington City?—A. Yes; well, George did. 

Q. They were registered voters in that ward?—A. George was. 

Q. How about Bernice?—A, Don’t know about Bernice. 

Q. You do know they lived in the ward?—A. George did. 

Q. Didn’t Bernice live in the ward close to him before he went to Washing¬ 
ton?—A. Bernice was in school at that time. I worked for George in his store 
and Bernice came there on a visit—he was in school at that time. 

Q. (Handing witness book.) This is also a registration book. I ask you 
whether Bernice Absher didn’t register in 1918?—A. I don’t know about that—• 
I said Bernice Absher was in school. 

Q. Mrs, Boxie is the mother of these Abshers?—A. Yes. 

Q. She lived with George?—A. No, sir. 

Q. She lived in the ward, didn’t she?—A. Y'es. 

Q. All these people that you named lived there in the ward?—A. Not the 
Hefners. 

(). Pryor Hefner lived in the ward before he went to Washington?—A. When 
he left home his father was living at the State Farm. 

Q. Mrs. Absher; doesn’t she stay here part of the time, now?—A. I don’t 
know, 

Q. She owns property here; all of them do, in that ward?—A. George owns 
some property, but I don’t know that Mrs. Absher does. 

Q. Don’t they pay taxes here in Ire(lell County?—A. I don’t know. 

(Objecton by contestant, as the record shows they are not taxpayers.) 

Q. I ask you whether Edgar Absher, brother of these people, doesn’t live in 
this county?—A. Y"es. 

Q. Where does he live?—A. I think Shiloh Township; I am not positive. 

Q. INIrs. Absher owns property here now, does she not?—A. Not that I know 
of. George owns a little property up here. 

Q. So all these people before they went to Washington did live in the fourth 
ward, this city?—A. Mrs. Koxie Absher and ^George, but, as I say, as for Ber¬ 
nice I don’t know, he was in school; I don’t know that he lived here. 

Q. Don’t you know, as a matter of fact, that it is the universal custom for 
any persons who go to Washington City, as they can’t vote there, they keep their 
voting precinct and vote wliere they moved from? 

(Contestant objects to the counsel taking the witness through a legal exami¬ 
nation.) 

A. I don’t know that. 

Q. Don’t you know that the Congressmen who go up there and buy homes up 
there vote at their regular voting precinct?—A. I don’t know. 

Redirect examination by Mr. Britt : 

Q. Mr. Lewis shows the registration liook with certain entries made therein— 
you don’t know wlio made the entries?—A. No, sir ; I do not. 

(j. You don’t know the liandwriting in which they are entered?—A. No, sir. 

Recross-exaniination l)y Mr. Lewis: 

Q. These are poll-tax i-eceipts for Mr. George Absher and Mr. Bernice Absher 
[handing witness tax-receii)t book]. 

(Contestant objects to tlie effort of counsel to prove that they are poll-tax 
receipts of the alleged voters by the witness, as he is not an official or-the cus¬ 
todian of any public record and can have no official knowledge thereof.) 


68 CAMPBELL VS. DOUGHTON. 

Q. Do you know how the tax records are kept in Iredell County? A. Iso, I 

Q. Is this the tax record of the county [indicating book] ? A. I would take 

Q. ^You would take these stubs of George and Bernice Absher to be the stubs 
on their tax receipts where they had paid them?—A. Yes. 

Q. You own property and pay taxes in Iredell County? A. Yes. 

Q. You have been in the sheriff’s office and seen tax receipts and tax stubs. 

A. Yes 

Q. And this looks like the same kind of book as the one you paid to? A. Yes. 

Mr. ROGER MOORE, being called by contestant, testified as follows: 

Direct examination by Mr. Britt : 

0- State whether you were a registrar at the election of November 2, 1920; 
and, if so, at what precinct?—A. Ward No. ]. 

Q. Do you remember upon Avhat day of the month and in what month the 
registration period of 1920 began?—A. I think it was the last of September; I 
don’t recall just now. 

Q. Was it the last Saturday in September?—A. It was on Saturday. 

Q. Do you remember when it ended ?—It ended in October. 

Q. Lasted for some four weeks?—A. I believe that was the number of weeks. 

Q. Were you on duty on Saturdays during the registration period?—A. Every 
one. 

Q. Where?—A. Around at the store where I stay in No. 1. 

Q. Was that at the polling place?—A. Yes. 

Q. The polling place is at the store where you work?—A. Yes. 

Q. And you registered everybody that came, regardless of party, on those 
four days?—A. Yes. 

Q. Men and women?—A. Yes. 

Q. Did you apply the tests prescribed by the constitution ahd statute, or did 
you take it for granted they were qualified?—A. Where I knew, I didn’t; where 
I did not know, I did. 

Q. Had you ever been registrar before in that precinct?—A. Was not old 
enough to be before. 

Q. Did you know all the voters in the precinct?—A. Yes; about all of them. 

Q. Men and women?—A. Yes; about all of them. 

Q. To what proportion of them did you administer the oath required by the 
statute?—A. Well, not very many. 

Q. Had you ever been advised that you were required to administer the oath 
to all who made application for registration?—A. Don’t know that I was. 

Q. So nobody ever told you that?—A. Don’t just remember now. 

Q. Do you know whether it was your duty to do that?—A. I don’t remember 
whether I did. 

Q. Had any attorney or any member of the management of your party at any 
time given you any instruction upon the way to perform your duty?—A. Told 
me to be there on every Saturday—I should be there and register all that was 
entitled to be registered. 

Q. Who gave you that instruction?—A. The chairman of the board of elec¬ 
tions* gave me the books. 

Q. Who was the chairman of the county board of elections?—A. Mr. Lewis. 

Q. How did you occupy yourself officially during the registration period on 
the days other than the Saturdays when you were at the polling place?— 
A. If anybody wanted to register I registered them. 

Q. If anybody came to register you registered them?—A. Yes. 

Q. You did not turn anybody away at all?—A. No, sir. 

Q. Nobody on any ground whatever?—A. No, sir. 

Q. State how many days, if any, or parts of days, you occupied in traveling 
or as an itinerary missionary with your registration book registering friends 
of your party.—A. I went around a little where people wanted me to and 
it didn’t suit them to come. 

Q. How many days did you occupy?—A. I don’t remember that. 

Q. Would you say you occupied half the time during that period in going 
around?—A. No, sir; I do not. 

Q. About what part of the time?—A. Just little bit. 

Q. Would you travel a whole day at a time?—A. No, sir. 

Q. How would you travel, by automobile, afoot or horseback?—A. Automo¬ 
bile or afoot—any way I wanted to. 


CAMPBELL VS. DOUGHTON. 


69 


Q. Please give me your best judgment as to how much of your time you 
occupmd in that way?—A. Oh, just a few evenings, maybe—I went out some. 

Q. Two dozen evenings?—A. No, sir; I said a few. 

Q. Was it as many as two dozen evenings?—A. No, sir. 

Q. Did you take it from house to house or did you have a certain destina¬ 
tion to which you went on each trip?—A. I just took it from house to house 
where they hadn’t already registered. Of course, some had come in before 
I went out, 

Q. You stopped at the houses of the families—men and women—who were 
political friends of Mr. Doughton and registered them, didn’t you?—A. Y^es; 
stopped at all the houses where they were not registered. 

Q. If the next house would be a friend of Mr. Campbell did you register 
them ?—A. All except one man—said liis wife was sick and didn’t want to vote. 

Q. How many of the supporters of Mr. Campbell—men and women—did you 
go and register?—A. They were all up on the job pretty well to get registered 
before I went out. 

Q. How many did you stop and register?—A. I don’t just recall. 

Q. Can you give the names of some of them?—A. I could look back over my 
books—could not right up here. 

Q. Can you remember the house of a single Republican, man or woman, 
that you stopped to register during these trips, and if so, give me the name.— 
A. I stopped one on the street and asked her if she wanted to register. I had 
been down that way and she had started up street. 

Q. She was a Republican woman?—A. Yes. 

Q. You asked her if she wanted to register?—A. Said she didn’t want to 
register. 

Q. That is one; name some more.—A. I don’t remember them. 

Q. So your answer, for this record, is that you traveled over the city of 
Statesville among the families, registered voters, men and women, of the 
friends and partisans of Mr. Doughton, but you can not remember visiting the 
homes and registering the men and women, in a single instance, of the friends 
of Mr. Campbell; answer that yes or no?—A. All had registered except two, 
and no need to stop and register them. I don’t remember stopping at any 
of them. 

Q. Did you see posted at your voting place there on the day of the election, 
or on any prior day, an alleged picture of the Republican candidate for Presi¬ 
dent, Warren G. Harding, between a number of alleged Negro candidates?—A. 
No, sir; I don’t remember seeing it. 

Q. Was it posted at your polling place?—A. I don’t think it was; I coula 
not tell you. 

Q. I ask you to refresh your memory and see if you don’t recall .that it was 
posted at that polling place a number of days and was the subject of a good 
deal of comment?—A. I don’t think it was. 

Q. l"ou don’t say that it was not?—A. I would mighty near say it. 

Q. You don’t say it was not there, do you?—A. I would say it was not 
posted up anywhere; might have been laying around. 

Q. I ask you if it was not laying around, and if there was not more than 
one there?—A. I didn’t see any other. 

Q. Didn’t you see it on the streets and other public places in Statesville?—A. 
I have seen it in Statesville. 

Q. Did you see it posted here in the courthouse?—A, No, sir; it may have 
been here, but I didn’t see it. 

Q. Don’t you know of it being sent around by the management of Mr. 
Dougliton’s party in the town?—A. No, sir. 

Q. Did you ever see the so-called Negro woman circular, about Negro women 
voting, a printed poster sent around among the voters; did you ever see it?— 
A. I don’t remember anything about it. 

Q. You named one instance in which you graciously asked a Republican 
woman on the street if she would permit you to register her; will you give 
her name?—A. Mrs. Rayner. I know her son. Her husband is dead. Her son 
is a lawyer. 

Q. Do you know how many absentee voters cast their ballots at your voting 
place?—A. I have forgotten just now how many—it is on record. 

Q. About how many?—A. Good many. 

Q. Did they vote by ballots or by whole ticket certificates, as we call them, 
or both ways?—A. I guess they voted mostly whole tickets. 

Q. You mean by that that they sent in certificates certifying that they 
voted the whole Democratic ticket or Republican ticket?—A. Most of them did* 


70 


CAMPBELL VS. DOUGHTON. 


Q. How many of those certificates were there?—A. I don’t know now. I 
know when we opened them took a good while. 

Q. As many as 50?—A. I don’t remember for sure how many. 

Q. You kept the record?—A. Yes. 

Q. You kept the certificates?—A. I think so; I don’t know now. 

Q. That was what day of the month in November?—A. On the 2dl day of 
November. • . 

Q. Three and one-half months have elapsed since the holding of election, and 
you can’t remember what was done with those certificates?—A. They were 
saved, I guess. 

Q. What was done with them?—A. Put away, I reckon. 

Q. If they were put away, you reckon, who put them away?—A. I reckon 
I did. 

Q. What you want to say, for the benefit of this record, for the consideration 
of Congress, is that you, as a sworn registrar in your precinct on the 2d of 
November, 1920, months ago, as an official, handled there and balloted a 
large number of election certificates, you think more than 50, and that now you 
don’t know what became of them?—A. Since I have thought about it I remem¬ 
ber now I put them in a box. 

Q. Where?—A. Put away around there at the voting place. 

Q. How were they put away?—A. Put in the box. 

Q. I want to ask you to do the kindness to get that box and bring these 
certificates around. Did you personally know any of these absentee voters?— 
A. Yes. 

Q. Knew them all, did you?—A. Might have been one or two, something I 
didn’t know—I won’t say I knew them all. I knew a lot of them.. 

Q. You know how they voted, don’t you?—A. Yes; most of them. 

Q. How did they vote?—A. Most of them voted Democratic ticket. Some of 
them, I think, did not—I don’t remember now, it is too long ago. 

Q. I ask you if you can name a single Republican certificjite ballot, as an 
absentee, that was cast there on that day?—A. I don’t remember now. 

Q. You don’t remember one?—A. Might have been. 

Q. What was done with the ballots cast in the general election, the whole 
ballots aside from the absentee ballots?—A. They were all put in the boxes. 

Q. What was done with the boxes?—A. The boxes are put upstairs there, 
setting on the floor, if the cats or something hasn’t tore them out. 

Q. You yourself opened the envelopes containing these absentee certificates, 
didn’t you?—A. Yes. 

Q. What did you do with the envelopes?—A. They were put with the votes, 
rubber put around them, and put in the box. 

Q. I call your attention to this provision of the election law in relation to the 
absentee certificates: “ The ballot or ballots so voted, together with the accom¬ 
panying certificates, shall be returned in a sealed envelope by the registrar and 
poll holders with their certificates of the results of the election, and kept for 
six months, or, in case of contest in the courts, until the results are finally 
determined.” So if you didn’t seal and return these envelops and certificates 
you didn’t comply with the law under your oath, did you? 

(Objection by contestee, as it is a question of law.) 

A. I remember sealing up and bringing around the proceed. I made out a 
report and sent it around here. 

Q. You didn’t seal these envelopes and certificates and return them to any¬ 
body, becau.se you just stated they were now over there?—A. I told you I thought 
they were—I told you I put them away. I sealed up the report and brought it 
around here—that is too long ago to remember. 

Q. Do you now say that those envelopes and certificates were in that report?— 
A. I told you I thought I put the envelopes and certificates in that box—I don’t 
know exactly—I thought I put them in the box. 

Q. If they were put in the box they were not returned?—A. I told you I 
thought so—I don’t know for sure. Since I thought about it I know I returned 
them—I might have got balled up on the matter. 

Q. I Mill ask you to get them when they are returned and report them here 
and testify as to where you brought them from. I will ask you if in registering 
certain Republican voters you required them to make a second trip in order to 
get to register?—A. No, sir; not on any Saturday—I was there everv Saturday. 

Q. At any time?—A. No, sir. 

Q. You never required a single Republican to make a second trip to register?— 
A. No, sir. 


CAMPBELL VS. DOUGHTON. 


71 


Q. State whether you know Ralph Ahernethy?—A. Yes; I know him. 

Q. \yiiat is his politics?—A. I don’t remember what his politics is. 

Q. Yon know him and don’t know his politics?—A. Yes. 

A. You have never had an opportunity to know his politics?—A. If I had 
gone and asked him, I could know it. I didn’t care enough to ask him about it. 

Q. Do you know how he voted on that day?—A. No, sir. 

Q. Do you know Raymond Allison?—A. Yes. 

Q. 'NVhat is Raymond Allison’s politics—A. I am not sure; I think the\^ are 
Democrats. I don’t know. 

Q. Do you know whether he voted on that day?—A. I don’t just recall now 
without studying. 

Q. Do you know G. L. Ballance?—A. Yes. 

Q. What is his politics?—A. I don’t know what it is. 

Q. How well do you know him?—A. I am just acquainted with him is all. 
He has been in business here for some time. 

Q. What does he do?—A. Wholesale Grocery Co. 

cl You have known him many years?—A. He has not been here many years. 

Q. You have never had an opportunity to know his politics?—A. No, sir. 

(). Did you keep any side note of the politics of the registrants as they 
registered ? When a man came up to register, did you make any note or memo¬ 
randum in any way for the benefit of the party?—A. It said out there at the 
side what political party he was affiliated with. 

Q. Did you put it down?—A. Some of the time I did and some of the time 
I did not. 

Q. Who told you to put it down at all?—A. I took it for granted myself. 

Q. Didn’t you in every instance put it down ?—A. Not in every instance. 

Q. Please get that registration book and let’s see how many instances you did. 
[Witness is handed registration book.] Start down the list there wilh your 
A’s.—A. Shows I didn’t put down any. I thought I did; I thought I put them 
down, but I don’t see any down here. 

Q. What do you think about it now?—A. If they are not down there, don’t 
reckon I did. 

Q. Did you make out on a separate book or sheet of paper any note of the 
politics of these people?—A. No, sir. 

Q. Did you make it in any form or memorandum at all?—A. No, sir. 

Q. A, B, and C would come up and vote; did you make any memorandum of 
his politics at all?—A. No, sir. 

Q. Awhile ago you thought you did?—A. I said I might not have remembered. 

C). Have you any consciousness or any information that your memory is in 
anywise affected?-^A. It is not affected, but I can’t remember everything, and 
you can’t either. 

Q. But you are on the witness stand, and why is it you can scarcely give me 
a single definite answer to perfectly respectful and considerate questions?— 
A. You try to tangle me up, and I don’t know for sure. 

Q. The record will show whether the answers are perfectly frank. You are 
not conscious of having any disease of your memory?—A. I haven’t any disease 
of any kind. 

Q. After three and one-half months you have forgotten, so far as definite 
information is concerned, you have forgotten all about the election of Novem- 
l^er 2?—A. I have forgotten some few things. 

Q. You do remember who the candidates were?—A. Yes. 

Q. You remember Doughton and Campbell were running for Congress?—A. 
Yes. 

Q. Who were your associates at the polls; who assisted you in holding the 
polls?—A. Good many around there. 

Q. Who were the other poll holders?—A. There was Mr. Col vert, the judge, 
and Henry Lewis, the judge, and I was there and Mr. Whiting was there. 

Q. How many judges were there?—A. There was a Republican and Demo¬ 
cratic judge. 

Q. And the registrar?—A. les. 

Q. How many did that make for the body of poll holders?—A. Two judges 

and one registrar is three. , , 

(}. Were they the only persons that had anything to do with holding the 
election?—A. Some others there taking names down when people were voting. 

O. What were they—unofficial citizens or clerks?—A. Well, this :Mr. Whiting 
caine there for the Republican side and Miss Margaret Tomlin for the Demo¬ 
cratic side. 


72 


CAMPBELL VS. DOUGHTON. 


Q. You remember that with perfect definiteness?—A. Yes. 

Q. Who else were present?—A. Several others were present. 

Q. Give me the names of other persons present?—A. Mr. Lewis was around 
there several times, and his brother and Mrs. Purdy just various ones that 

lived in ward No. 1. . , ^ ^ u 

Q. How is it you can remember these names with such perfection, and how 
is it you can’t get those facts I ask you?—A. Because you were trying to tangle 

me up on them. * i 

Q. Is that the only reason you can’t remember them?—A. You know you 
can remember some things and don’t remember others, I reckon. 

Cross-examination by Mr. Bickett: 

Q. How old are you?—A. Twenty-one. 

Q. .Just 21 years old?—A. Y’'es. 

Q. This is the first time you ever acted as registrar?—A. Yes. 

Q. Or ever had anything to do with holding the election at all?—A. Yes; 
first time. 

Q. Never studied law?—A. No, sir. 

Q. Never been to college?—A. No, sir. 

Q. Never taught in college like Prof. Britt?—A. No, sir. 

Q. As a matter of fact, Mr. Moore, you don’t know what that law means that 
Mr. Britt read to you—you don’t pretend to know the proper construction of that 
law? 

Objection by contestant, for the reason that witness is not a lawyer. 

Q. As a matter of fact, you don’t know whether or not, as a matter of law, it 
was your duty to send those certificates up here to the courthouse or put them 
in a box down there?—A. Not without somebody telling me, or read it, or some¬ 
thing. 

Q. Y’^ou did know it was your duty to be there on four Saturdays?—A. Yes. 

Q. And register the people that came up?—A. Yes. 

Q. Did you do that?—A. Yes. 

Q. Did you do it fairly and impartially as between the Republicans and 
Democrats?—A. Yes. 

Q. On the other days did you ever refuse to go to the house of a Republican 
who asked you to go and register himself or a member of his family?—A. No, 
sir. 

Q. Did you ever'refuse to register any Republican on a day that you were 
not required to be at your office if he came to you and wanted to be registered?— 
A, No, sir. 

Q. Is there a single Republican in your precinct that has ever complained to 
you that he didn’t have a full opportunity to register, either he or her?—A. 
Not any that I know of. 

Q. Have any of them been to you since the election and made any complaint 
that he was denied the opportunity to register?— A». No, sir. 

Q. Was there a full registration in the precinct down there of the Repub¬ 
licans?—A. One woman didn’t want to register, and one man didn’t w-ant his 
wife to register; she was sick and could not come to the polls. 

Q. There has not been a single complaint lodged by a single Republican in 
that precinct that he wanted to register and was denied the opportunity to do 
so?—A. Never was a one. 

Redirect examination by Mr. Britt : 

Q. In answer to Gov. Bickett’s question, you stated that you would not have 
known whether it v^as your duty to return these certificates unless somebody 
told you?—A. Unless they told me or I read it. 

Q. You qualified as registrar in your district and didn’t know your duty?— 
A. Not unless somebody told me, or I read up; there is a law. 

Q. You didn’t comply with such requirement?—A. I never said I didn’t 
comply with it. 


Mr. T. S. COFFEE, being called by contestant, testified as follows: 

Direct examination by Mr. Britt : 

Q. Where do you live?—A. Ward No. 2, Statesville, N. C. 

Q. State whether you were registrar in that precinct at the election of Novem¬ 
ber 2, 1920?—A. I was. 


CAMPBELL VS. DOUGHTON. 


73 


Q. Do you chance to recall what date the statutory registration period 
began?—A. I do not. It was some time near the 1st of bctoher—it was some 
time about the 20th to the 25th, I think. 

Q. What is’the nature of your business?—A. I am with the Henkel-Craig 
Live Stock Co. 

Q. Did you stay at the polling place on the four Saturdays required by law?— 
A. On the four Saturdays. 

Q. What hours of the day did you occupy?—A. I think it was from 9 to 6, or 
from 9 to 6.30. 

Q. A large number of voters, men and women, of all political parties came and 
applied for registration on those days? All of those were not registrants—that 
is, those whose names did not appear on the existing register?—A. Yes. 

Q. State whether or not you administered the oath to all?—A. Not all. 

Q. To about wdiat proportion, if you recall, did you administer the oaht?— 
A. I would say 90 per cent—85 to 90 per cent—I would say. 

Q.-Why did you not administer it to the remainder?—A. There were a few I 
knew and they were qualitied voters. I used my discretion, and where I thought 
it was not necessary I didn’t administer the oath. 

Q. Were any of any class, or either class, requested to return for a further 
day for further tests?—A. Yes. 

Q. How many instances?—A. Two. 

Q. Were those Republicans or Democrats?—A. I don’t know; they were 
negroes. 

Q. Did you go from house to house with your registration book?—A. I did. 

Q. Tell me about how many days other than the four days you occupied in 
that way?—A. I used evenings, mostly from 7 o’clock to 10 o’clock at night—I 
suppose I used about five nights. 

Q. Until how late in the evening?—A. Never later than 10.30, and I suppose 
about 10. 

Q. How did you travel ?—A. In town here I walked; when I went in the 
country I went in automobile. 

Q. Your precinct extends in the country?—A. Some five miles. 

Q. When you went into the country you went by automobile?—A. I did. 

Q. What I want to know, and I see you answer very thoughtfully, is did you 
register the friends and adherents of INIr. Doughton and Mr. Campbell alike and 
take them all as you came to them?—A. If I missed a single Republican house 
I don’t know it. I might not have taken them as I came to them. On this street 
here—on ^Center Street—I started at Miss Thomas’s. I followed that street to 
the end at the depot, and down that street, while I don’t know that Mrs. R. V. 
Tharpe is a Republican, her husband was running for the lower house of repre¬ 
sentatives of North Carolina. I stopped in there and registered Mrs. Tharpe. 
There was a house, I was told, just below there where there was a Republican 
family. I didn’t know their names and politics. I stopped there.’ I don’t recall 
that they all registered, and then right near the depot there was another house 
I had been informed was Republican. I knocked at the door two or three times. 
They had undoubtedly retired. I didn’t go back to register them. I registereil 
IMrs. Critcher. whose husband, I was told, was a Republican. I registered a 
IVIrs. Cloer, going to their house to do this. The ones I am calling off are ones 
whom I was told were Republicans. I went to a Mr. Wilkinson’s house and his 
wife refused to register, but while I was there I found out she was a Democrat, 
but when I went there I heard it was a Republican family. She refused, how¬ 
ever. I went to Mr. Hugh R. Cowles’s house at his request to register his mother, 
he stating that she was old, and his wife. At the time I went I did so thinking 
that they were a Republican family ; however. I found out later that they were 
not. I went five miles in the country. I registered a Mr. and Mrs. .1. L. Ellis, 
who, I am informed, were Republicans; and doubtless considerably more, but 
these are all I can give you the names of. 

Q. You want to say for the benefit of the record that you registered Democrats 
and Republicans alike in your migrations about the country?—A. I did. 

Q. The so-called Harding picture that you have heard reference made to 
here in which the Republican candidate for Rresident was caricatured between 
two alleged Negro candidates; was that picture displayed at your place?—A. 
I’ositively, no. 

Q. I ask you how frequently you saw that picture in and about Statesville 
and Iredell County?—A. I don’t recall having seen it hut once. 

Q. Where did you see it?—A. I saw it in the hallway in the courthouse; I 
may have seen it a dozen times, but that is the only one. 



74 


CAMPBELL VS. DOUGHTON. 


Q. I ask you how often you saw the so-called Negro woman circular dissemi¬ 
nated by the party management?—A, The only thing with reference to that 
I saw—I presume you have reference to the one that was purported as haviiig 
originated in Greensboro—the onl.v thing I saw of that was in a newspaper. 

I saw no circular—the circular that was supposed to have been mailed out very 

promiscuously. , 

Q. What paper?—A. In the Charlotte Observer, I think, and possibly in the 
Greensboro News—I know I did in the Greensboro News and Charlotte Ob¬ 
server. • 

Q. Do you recall whether during the campaign and prior to the election you 
saw the so-called Harding caricature in the Ilaleigh News and Observer?—A. I 
did not. 

Q. Do you take that paper?—A. I do not. 

Q. Do you read it?—A. I do not. 

Q. Did you see at any time the so-called Harding family tree, purporting to 
be a sketch of the genealogy of the family of the Republican candidate for the 
Presidency, Warren G. Harding?—A. I don’t think so. 

Q. Going back to the election day and to the way in which you performed 
your duties there at the time of the counting of the vote, state whether you, 
yourself, opened the absentee ballots?—A. I opened the first two or three bal¬ 
lots—envelopes. 

Q. Did they contain whole ballots or certificate of voter?—A. They con¬ 
tained whole ballots. 

Q. How many were there in all?—A. I really don’t know; I would judge 15 
to 18. 

Q. Who opened them after you discontinued?—A. Either Mr. John McLain 
or Mr. R. P. Allison; I asked one of them to open them. 

Q. Who was John McLain?—A. Judge of election of the Democrats. 

Q. Who was Mr. R. P. Allison?—A. He was a citizen of the ward No. 2 and 
was a bystander all day—energetic Democrat. 

Q. Who opened them?—A. Either he or Mr. John McLain; I can’t say which. 

Q. What disposition did you make of the envelopes or the certificates?—A. I 
think the envelopes were torn open and dropped on the fioor—the certificates I 
could not say. 

Q. Of course, the ballots, if there were ballots, were deposited in the 
boxes?—A. Yes. 

Q. You haven’t seen these certificates since?—A. No, sir. 

Q. You know nothing of their whereabouts?—A. Absolutely, no. 

Q. If the statute that you heard read here in the examination of the witness 
Moore, being a part of the election law, requiring the saving of these certifi¬ 
cates, if that should be required, you didn’t keep the requirement in that par¬ 
ticular?—A. If-that is the case, I did not. 

Q. Did you personally know these absentee voters?—A. I could not say that 
I do. If you happen to have a list of the names and would call them to me I 
might know some o^ them. There was a clerk of the Republican Party there 
that took down that list; it was either Mr. Tharpe or Mr. Furches—one of 
them did, and I think probably both of them did. 

Q. You do know some of them?—A. I could not recall a one, 

Q. Of course, you don’t know their politics?—A. No, sir. 

Q Do you know what disposition was made of the ballots proper cast at 
that election?—A. Those ballots, after being counted, were put back together 
in an even stack, put in the respective boxes and the boxes locked. I carried 
the keys to my house and I think the keys are still there. The boxes \V^ve 
left in the polling place that night. I don’t know whether they are there now 
or not, 

Q. You didn’t make any further disposition of them?—A. No, sir; I did not. 

Q. So far as you know they are still there?—A. So far as I know they are 
still there, 

Q. When you entered the names of the registrants did you make any note 
of their politics?—A. I did. I didn’t at first. I did after some half dozen or 
more had registere<l. I noticed the blank there “to which party affiliated” 
and I put that “ to which party affiliated.” 

Q. You think you entered all?—A. I think 85 or 90 per cent. 

Q. Is that true of the absentee voters?—A. I think not, just the ones I 
actually registered myself. 

Q. State, if jou lecall, if IVIr, Lewis, or anyone on behalf of INlr. Doughton’s 
management gave you a list of the absentee voters.—A. No, sir; did not. 



CAMPBELL VS. DOUGHTOK. 


75 


Q. Did Mr. Lewis, chairman of the county board of elections, give you a 
certified list of absentee voters registered by him prior to the commencement 
of the registration period?—A. Mr. Lewis brought one name to me certified to 
by him as having registered ijefore him as chairman of the board of county 
elections—one name that I recall. 

Q. Do you chance to know that registrant?—A. I do. 

Q. Who is he?—A. Alwin Morrison that lives next door to me. 

Q. Was he absent?—A. He was. 

Q. Was he absent on the day of election?—A. Yes. 

Q. What was the nature of his absence?—A. He was in a business school in 
Poughkeepsie, N. Y. 

Q. Referring to these ticket boxes, were they sealed?—A. I don’t recall 
whether sealed or not. 

Cross-examination for contestee by Mr. Bickett : 

Q. If the law, that Mr. Britt read, should be properly considered to mean 
that when the ballots where the voter had written his name on the back should 
be returned with the certificates, then you did comply with the Ihw, did you 
not?—A. There were no ballots, that I saw, with any name written on the 
back. 

Q. You say that a Republican, some representative of the Republican Party, 
took down the name of each absentee voter?—A. Yes. 

Q. Was there any question raised, any challenge made by anyone there with 
respect to the right of any absentee to vote that day?—A. Mr. Tharpe, I don’t 
know his initials, brother of Mr. R. V. Tharpe, made a blanket challenge when 
we were ready to open the absentee votes. INIr. Tharpe announced that he 
challenged every absentee vote proposed to be put in the box that day. 

Q. Did he tell the ground of his challenge?—A. He did not. I remarked to 
Mr. Tharpe that it would be necessary, as I saw it, for him to challenge such 
ones as he chose individually. We proceeded to open the envelopes and there 
was not a single one challenged individually. Tlie blanket challenge was the 
only one we had. 

Q. He just challenged the array?—A. l>s; the array. 

Q. I believe, with the professor’s commendations of your fairness in allow¬ 
ing them all the chance to register, I will let you go. 

Redirect examination: 

Q. Since you only opened two or three of the absentee ballots yourself, you 
don’t know whether the remaining ones were whole ballots or ballots accom¬ 
panied by certificates?—A. You mean by a certificate where a voter says, “I 
desire to vote the Democratic or Republican ticket,” didn’t inclose any ballot. 
I would say, and I think it correct, that there were not over two such certifi¬ 
cates; I was standing there and could see the ballots .going by to be deposited 
in the boxes. There might possibly have been two such certificates. 

Q. Since you didn’t open the remainder, you can’t say positively about 
that?—A. I could say not over two or three, because I was there and could see 
the different tickets deposited as they went douui the line, 

Q. 1^011 say Mr. Tharpe challenged the entire number?—A. Yes. 

Q. As registrar of that election, you have no knowledge of the qualification of 
these absentee voters, other than that these certificates came?—A. Not being 
able to recall their names I can’t say; if I had the names before me I could 
say as to the qualifications. 

Q. You don’t know whether they had paid their poll tax?—A. I do not. 

Q. Or whether they had been in the State of North Carolina two years, in 
Iredell County six months, and in the precinct four months?—A. I don’t know 
that; I haven’t their names before me. 

IMr. L. O. WHITE, being called by contestant, testified as follows: 

Q. Where do you live?—A. I live 5 miles down the Salisbury Road in Cham- 
bersburg Township. 

Q. What is your business?—A. I am a farmer mostly. 

Q. State whether you were the registrar of the election in your precinct 
of the election November 2, 1920.—A. I was. 

Q. State whether on the fourth Saturday preceding the election you attended 
the polling place for the purpose of registering the voters thereof.—A. I did. 

Q. What time in the morning did you go and what time of an evening did you 
return?—A. I tried to get there at sunup and stayed until sundown. 


76 


CAMPBELL VS. DOUGHTON. 


Q. Did you register all that came alike?—A. Yes; I registered all that came 
except one. There was one Negro that came. I told him to come back next 
Saturday. I was not prepared to give him the written test that day, and 
he didn’t come. 

Q. Did you administer the oath to the registrants?—A. Not all of them. 

Q. To what per cent did you administer the oath?—A. I didn’t administer 
the oath to the majority of them; I would say something like 35 per cent. 

Q. Do you remember the total registration of your precinct?—A. The total 
registration, including the ones previously registered, I think, were 448. 

Q. You think you administered the oath to 35 per cent?—A. I would not 
say. I knew nearly all the people personally and knew them to be qualified, 
and where I knew that to be the case I didn’t administer the oath. 

Q. You knew you were qualified to administer the oath?—A. I knew I could, 
but didn’t know I was absolutely required to. 

Q« How were you occupied officially during the registration period? How 
many other days besides the four Saturdays?—A. I spent three days besides 
those days. 

Q. How did you travel?—A. In automobile. 

Q. Did you go over the entire precinct?—A. I went over most of it. 

Q. At whose instance did you travel over the precinct?—A. I was requested 
to by the party officials, and also on my own behalf. 

Q. You mean the county chairman of your i)arty?—A. I think perhaps Mr. 
Hartness asked me. 

Q. That is Mr. J. A. Hartness, the Democratic county chairman?—A. Yes. 

Q. He requested you to go?—A. Yes. 

Q. Did Mr. Lewis, the county chairman of elections, request it?—A. I don’t 
think he did. 

Q. Did Mr. Z. V. Long request it?—A. No, sir; I think not. 

Q. So you acted upon the suggestion of the party managers and your own 
initiative?—A. Yes. 

Q. And you traveled from house to house?—A. Yes. I didn’t stop at all the 
houses. 

Q. Where did you start—next to your own home there?—A. The ones right 
near me—I didn’t go to their houses. I have a little store also, and I got 
most of them at the store. 

Q. I simply want a direct answer to this question: State whether you took 
the houses indiscriminately, Democratic and Ilepublican, in your rounds.—A. 
No, sir; I did not. 

Q. Did you register any Republicans on your rounds?—A. Yes; I did. 

Q. Do you remember how many?—A. I registered quite a number when I 
was out on the trips. 


Q. That was only when you incidentally met up with them?—A. Some Re¬ 
publicans requested me. I went to one house, and went there and found out 
she was Republican; I didn’t know the politics; they requested me to go to 
some other houses near by there. I went. 

Q. When you started out on that registration mission you did not take the 
Republicans and Democrats indiscriminately, did you?—^A. I registered every¬ 
body that came in my way to be registered, but I was glad to register the 
Democrats; I didn’t avoid any Republicans. 

Q. Isn t this true; that your purpose in going out was to register the Demo¬ 
crats?—A. I’^es; that was my purpose. 

Q. You have heard mention made here of the so-called Harding picture ■ state 
whether it was posted at or about your polling place?—A. No, sir; it was not. 

Q. W heie did you see it? A. I saw one copy there at mv store. 

Q How long was it kept there?—A. I forget how I got U, someone gave it to 
me, I think. I only showed it to one person 

»ox at my store for 

seveial (lays. I didn t show it to anybody, it was hid. I showed it to Mr 

o.ru%e weJ-e Voth D.!Locrats!' ^ ^ " 

ami .,e.’mVl!.id''u d^;^ ^ » "•’-I it 

Q. Did you see it posted here in the courthouse?—A. I never saw it posted 
an^here; that is the only copy I saw. I saw something ahoi.r it fn Hie 


CAMPBELL VS. DOUGHTON 


77 


Q. Who gave it to you?—A, Somebody uptown, I think, gave me that copy. 

I won’t be positive about that—they might have given it to me when I was at 
the store there. 

Q. Wasn’t this picture at the polls?—A. No, sir; I didn’t see it there. 

Q. Coming to the election day, do you recall a number of absentee ballots 
cast at your polling place?—A. I think tive or six. 

Q. Did you know the absentee voters that voted there?——A. Yes; I knew all 
of them, I think. 

Q. I haven’t the list before me, just refresh your memory and recall them.— 
A. H. L. Freeland was one. 

Q. What was his politics?—A. Democrat. 

Q. He voted the Democratic ticket?—A. Yes. 

Q. What was the nature of his absence?—A. He was at work at Winston 
temporarily. His father lives there. He works at Winston and goes back and 
forward. 

Q. Was he absent on the day of election?—A. Yes. 

Q. The next one you recall.—A. Mrs. T. L. Long. 

Q. Do you know her politics?—A. Democrat. 

Q. Did she vote the Democratic ticket?—A. Yes. 

Q. What was the nature of her absence?—A. I think she was sick; I think 
she had a certificate of sickness. 

Q. Do you know of your own knowle<lge that she was sick?—A. No, sir. 

Q. Who was next?—A. Mrs. J. A. Martin. 

Q. What is her politics?—A. Republican. 

Q. What was the nature of her absence?—A. She was sick. 

Q. The next?—A. A Mrs. Benfield. I forget her name right now—voted 
Dem(X?ratic ticket—she was sick also—had a certificate. I don’t believe I recall 
the fifth—I have the fifth in my pocket. 

Q. Refer to it.—A. Mrs. Kate Owens. 

Q. What is her politics?—A. Democrat. 

Q. Did she vote a Democratic ticket?—A. Yes. 

Q. What is the nature of her absence?—A. She was not in condition to get 
to the election. 

Q. Did they have certificates or ballots?—A. They voted ballots. 

Q. Simple straight ballots Avith no certificates?—A. The ballot and the cer¬ 
tificate were sealed up in an envelope—I put the ballot in the box and kept 
these. 

Q. You have the certificates?—A. Yes. 

Q. You have the certificates of each of these?—A. Yes. 

Q. What did you do with the envelopes?—A. I think they were dropped on 
the floor. I tore the end of it off and I think they were dropped down. 

Q. State whether you sealed up the certificates and mailed them here? —A. I 
put them in a large envelope and brought them Avith the election returns to the 
chairman of the county board of elections, and for some reason I took these 
certificates back Avitli me. It Avas done through a mistake at the time. I 
told Mr. LeAvis about it later on and he told me to keep them, if Ave should 
need it. 

Q. Did you see the so-called Negro Avoman circular that Avas distributed? — 
A. I didn’t see that ; I may have heard something about it. 

Q. Do you remember reading it in the neAvspapers?—A. I forget just what 
that Avas, if I read it, now. 

Q. The alleged circular purporting to contain an appeal to Negro Avomen 
to register and vote.—A. I saw some statement in the paper about it. 

Q. You don’t recall seeing it?—A: No, sir. 

Q. Did you during the campaign, and in examination of the campaign litera¬ 
ture see the so-called Harding family tree, alleged to be distributed in the 
district?—A. No, sir; did not see that. The only thing I saAV was his picture 
with some officials in the State of Ohio on either side of him. 

Q. Do you read the Raleigh NeAVS and Observer?—A. No, sir. 

Q. Do you read the Charlotte Daily Observer?—A. No, sir; I read the Greens¬ 
boro Daily NeAvs. 

Q Please let me examine those certificates. When you got your registration 
book from the chairman of the county board of elections, if you did so receive 
it what instructions did he give you in regard to registration, and particularly 
in regard to keeping an account of the politics of voters?—A. I don’t think 
he gave me any such instructions Avhen he gave it to me. 



78 


CAMPBELL VS. DOUGHTON. 


Q. You did keep such a record of it?—A. In a separate record from the 
registration book, 

Q. You did keep it in a column of the registration book?—A. No, sir; I didn’t 
do that. 

Q. Do you know C. E. Barnhart?—A. Yes. 

Q. Is he a resident voter of your precinct?—A. Yes. 

Q. What is his politics?—A. Democrat. 

Q. Do you know whether he voted the Democratic ticket on November 2?— 
A. I didn’t see his ballot as it was put in, but I am pretty sure he did. 

Q. Do you know Mr. R. O. Beaver?—A. Yes. 

Q. Is he a voter in your precinct?—A. Yes. 

Q. What is his politics?—A. Democrat. 

Q. He voted the Democratic ticket?—A. I think he did. 

Q. Do you know Mr. M. A. Beaver?—A. Yes. 

Q. Is he a voter in your precinct?—A. Yes. 

Q. What is his politics?—A. Democrat. 

Q. Did he vote the Democratic ticket on November 2?—A, Yes. 

Q. Do you know Mr, Ford Beaver?—A. Yes. 

Q. Is he a voter in your precinct?—A. Yes. He is a Democrat. 

Q. Did he vote Democratic ticket?—^A. I think he did. 

Q. Do you know Clarence Beaver?—A. Yes. 

Q. Is he a voter in your precinct?—A. Yes. 

Q. What is his politics?—A. Democrat. 

Q. Did he vote the Democratic ticket on November 2, 1920?—A. Think so. 

Q. Do you know J. D. Beaver?—A. I am not sure which one he is right now. 
I know all those Beavers, though, I think he is J, J. Beaver’s son. 

Q. Is he a voter in your precinct?—A. l^es. 

Q. What are his politics?—A. Democrat. • 

Q. They all voted solidly, all those Beavers?—A. Yes. 

Q. Do you know W. P. Bass?—A, Yes. 

Q. Is he voter in your precinct?—A, Yes. 

Q. What are his politics?—A. Democrat. 

Q. Did he vote Democratic?—A. He did. 

Q. Do you know Mrs. Mary Emma Bass?—A. Yes, 

Q. What are her politics?—A. Democrat. 

Q. Did she vote the Democratic ticket?—A. Yes. 

Q. She is a voter in your precinct?—A. l"es. 

Q. Do you know Mr. C, S. Bass?—A, Yes. 

Q. Is he a voter in your precinct?—A. If I am not mistaken as to the one it is. 
Q. What are his politics?—A. Democrat. 

Q. Did he vote the Democratic ticket at the last election?—A. Yes. 

Q. Do you know Hugh A. Barkley?—A. Yes. 

Q. Is he a voter in your precinct?—A. Yes. 

Q. What are his politics?—A. Democrat. 

Q. Did he vote the Democratic ticket last time?—A. Yes. 

Q. Do know Carl Bolling?—A. Yes. 

Q. Is he voter in your precinct?—A. Yes. 

Q. What is his politics?—A. Democrat. 

Q. Did he vote the Democratic ticket last election?—A. Yes. 

Q. Do you know Mrs. Dessie Bolling?—A. Yes ; his wife. 

Q. Did she vote in your precinct?—A. Yes. 

Q, What is her politics?—A. Democrat. 

Q. Did she vote the Democratic ticket in the last election?—A. Yes. 

Q. Do you know J. A. Cook?—A. Yes. 

Q, Is he a voter in your precinct?—A. Yes. 

(}. What is his politics?—A. Democrat. 

(}. Did he vote the Democratic ticket in the last election?—A Yes 
Q. Do you know R. M. Cloer?—A. Yes. 

(}. Is he a voter in your precinct?—A. Yes. 


Q. What is his politics?—A. Democrat. 

Q. Did he vote Democratic ticket last election?—A Yes 
Q. Do you know Mr. and Mrs. L. M. Ellis?—A. I know "liim 
Q. Does he vote in your precinct?—A. Yes. ’ 

Q. Did he vote the Democratic ticket?—A, Yes. 

Q. Do you know R. F. Eagle?—A. Yes. 

Q. Does he vote in your precinct?—A. Yes. 

Q. What is his politics?—A. Democratic. 


that is about all. 


CAMPBELL VS. DOUGHTON. 


79 


Q. Did lie vote the Democratic ticket last election?—A. Yes. 

Q. Do you know Mr. S. A. Freeland?—A. Yes. 

Q. Is he a voter in your precinct?—A. Yes. 

Q. What is his politics?—A. Democrat. 

Did he vote the Democratic ticket in the last election?—A. Yes. 

Q. Do you know .7. E. Freeland?—A. Yes. 

Q. Did he vote in your precinct?—A. Yes. 

Q. What is his politics?—A. Democrat. 

Q. Did he vote the Democratic ticket last election?—A. Yes. 

Q. Do you know Mrs. .1. E, Freeland?—A. I do not think I know her. 

Q. Do you know A. M. Freeland?—A. Yes; I think I do. There is a family 
over there that I am not well acquainted with them. I know the old gentlemati, 
but not the others. 

Q. Do you know him well enough to know his politics?—A. They are all 
Democrats. 

Q. Did he vote the Democratic ticket in the last election?—A. Pretty sure he 
did. 

Q. Do you know W. S. Graham?—A. Yes. 

Q. Is he a voter in your precinct?—A. Yes. 

Q. What is his politics?—A. Democrat. 

Q. Did he vote Democratic ticket last election?—A. Yes. 

Q. Do you know Mrs. Hattie Graham?—A. Yes. 

Q. Is she a voter in your precinct?—A. Yes. 

What is her politics?—A. Democrat. 

Q. Did she vote Democratic ticket in the last eleition?—A. Yes. 

Q. Do you know Mr. .1. A. Guy?—A. Yes. 

(}. Is he a voter in your precinct?—A. Yes. 

Q. What is his politics?—A. Democrat. 

Q. Did he vote the Democratic ticket last election?—A. Yes. 

Q. Do you know Mrs. Octie Guy?—A. Yes. 

Q. Is she a voter in your precinct?—A. Yes. 

Q. What is her politics?—A. Democrat. 

Q. Did she vote the Democratic ticket last election?—A. Yes. 

Q. Do you know A. A. Gibson?—A. Yes. 

Q. Is he a voter in your precinct?—A. Yes. 

Q. What is his politics?—A. Democrat. 

Q. Did he vote that way last election?—A. I didn’t see his ballot, but under¬ 
stood he voted that way—I think he scratched it just a little. 

Q. Do you know O. M. Hair?—A. I know most of those Hairs—know some of 
their initials, hut not all of them—I think O. M. Hair is a Democrat. 

Q. Did he vote Democratic ticket last election?—A. I think so. I am not sure. 
Q. Do you know A. F. Hager?—A. Yes. 

Q. Is he a voter in your precinct?—A. Yes. 

Q. What is his politics?—A. Democrat and voted Democratic ticket. 

Q. Do you know A. F. Hoke?—A. Yes; I know Mr. Hoke. 

Q. Is lie a voter in your precinct?—A. Yes. 

Q. Do you know his politics?—A. He is a Democrat, I think. I am not sure 
whether iie voted at the fall election or not. He voted in the primary, I know, 
some time before. 

Q. Do you know W. C. Howard?—A. Yes. 

Q. Is he a voter in your precinct?—A. Yes. 

Q. What is his politics?—A. Democrat. 

Q. Did he vote Democratic ticket last election?—A. Yes. 

(}. Do you know K. J. Hoover?—A. Yes. 

Q. Is he a voter in your precinct?—A. Yes. 

Q. What is his politics?—A. Democrat. 

Q. Did he vote that way last election?—A. I think he mixed his ticket some. 
Q. Do you know how he voted for Congress?—A. No, sir; I do not. 
t^. Do you know R. O. Kyles?—A. Yes. 

Q. Is he a voter in your precinct?—A. Yes. 

(}. Did he vote at the last election?—A. Yes. 

(F How did he vote?—A. Voted Democratic ticket, I think. 

Q. Do you know E. Lambert?—A. Yes. 

6. Is he a voter in your precinct?—A. Yes. 

Q. Do you know his politics?—A. He is a Democrat and voted Democratic 

ticket. , ^ 

Q. Do you know Ualiih IMills?—A. Yes. 

O Is he a voter in your precinct?—A. Yes. 


80 


CAMPBELL VS. DOUGHTON. 


Q. What is his politics?—A. Democrat and voted Democratic ticket. 

Q. Do you know W. H. Mills?—A. Yes. 

Q. What is his politics?—A. Democrat and he voted Democratic ticket. 

Q. Do you know J. W. Mills?—A. Yes. 

Q. What is his politics?—A. Democrat and voted Democratic ticket. 

Q. Do you know Lum Miller?—A. Y^es. 

Q. Is he a voter in your precinct?—A. Yes. 

Q. What is his politics?—A. He is a Democrat and voted Democratic ticket. 
Q. Do you know S. M. Miller?—A. Y"^es; I know him. 

Q. Do you know Carl Murdock?—A. Yes. 

Q. Is he a voter in your precinct?—A. Yes. 

Q. What is his politics?—A. He is a Democrat and voted Democratic ticket. 
Q. Do you know G. L. Madison?—A. Yes. 

Q. Is he a voter in your precinct?—A. Yes. 

Q. What is his politics?—A. I think he is a Republican. I am not sure, but I 
think he voted Republican ticket; I don’t know absolutely. 

Q. Do you know Mr. C. T. McNeely?—A. Yes. 

Q. Is he a voter in your precinct?—A. Yes. He is a Democrat and voted 
Democratic ticket. 

Q. Do you know J. L. McNeely?—A. Yes. 

Q. Is he a voter in your precinct?—A. Yes. He is a Democrat and voted 
Democratic ticket. 

Q. Do you know J. A. Owens?—A. Yes. 

Q. Is he a voter in your precinct?—A. Yes. 

Q. What is his politics?—A. He is a Democrat and voted Democratic ticket. 
Q. Do you know Sam Rogers?—A. Yes. 

Q. Did Sam vote in your precinct?—A. Yes. 

Q. What is his politics?—A. I think he is a Democrat, but I am not positive 
about it. 

Q. Do you know S. A. Shuping?—A. Yes. 

Q. Is he a voter in your precinct?—A. Yes. 

Q. What is his politics?—A. He is a Democrat. 

Q. How did he vote last election?—A. He voted Democratic ticket. 

Q. Do you know R. C. Shoemaker?—A. Yes. 

Q. Is he a voter in your precinct?—A. Yes. 

Q. What is his politics?—A. Democrat and voted Democrat ticket. 

Q. Do you know H. B. Thompson?—A. Y"es. 

Q. Is he a voter in your precinct?—A. Yes. 

Q. What is his politics?—A. He is a Democrat and voted Democratic ticket. 
Q. Do you know J. Q. Warner?—A. Yes. 

Q. Is he a voter in your precinct?—A. Yes. 

Q. What is his politics?—A. Democrat. 

Q. Did he vote Democratic ticket the last election?—A. Yes. 

Q. Do you know D. L. Warner?—A. Yes. 

Q. What is his politics?—A. Democrat, and voted Democratic ticket. 

Q. Do you know C. B. Warner?—A. Yes. 

Q. Is he a voter in your precinct?—A. Yes. 

Q. What is his politics?—A. He is a Democrat and voted Democratic ticket 
Q. Do you know M..M. Warner?—A. Yes. 

Q. Is he a voter in your precinct?—A. Yes. 

Q. What is his politics?—A. He is a Democrat and voted Democratic ticket 
Q. Do you know T. F. Wyatt?—^A. Yes. 

Q. Did he vote in your precinct?—A. Yes. 

Q. What is his politics?—A. Democrat and he voted Democratic ticket 
Tlie contestee objects ana protests against the introduction ot any testimony 
tending to show that any eiector in Iredell County was disqualified to vote and 
have his vote counted by reason of any failure to pay his poll tax. This objec¬ 
tion IS made because of the fact testified to by Mr. Wagner, a leading Renublican 
witness introduced by the contestant, that there had been a sS agreement 
enteied into between the Democrats and the Eepubllcaus in this county, through 
their duly constituted representatives, that no man’s right to vote in Iredlll 
Coiin y should be challenged or questioned on account of failure to pay poll tax 
and that this agreement was honestly and honorably kept by all the officials and 
ail the people of Iredell County; that this agreement was brough tHhe iXe 
of this coutestfint before the election, and the contestee insists that any atten w 
to disfranchise the voters of Iredell County on account of failure to iw poU 


CAMPBELL VS. DOUGHTON. 


81 


tax in the face of this solemn agreement is a damnable outrage upon the rights 
of the citizens of Iredell County. 

To the objection offered by counsel for the contestee counsel for contestant 
rejoins and offers as answer to what the learned counsel is pleased to call a 
“ damnable outrage ” the following verbatim quotation from the constitution 
of the State of North Carolina and from the election law of said State touching 
the requirements for voting in said State: “ Constitution of North Carolina, 
Article VI, section 4: Every person presenting himself for registration shall 
be able to read and write any section of the constitution in the English language, 
and, before he shall be entitled to vote, shall have paid, on or before the 1st 
day of May of the year in which he proposes to vote, his poll tax for the previous 
year, as prescribed by Article V, section 1, of the constitution.” I further quote 
from 5941, revisal of 1905, being a part of the election law of the State of North 
Carolina, as follows: “ No person shall be entitled to vote unless he shall have 
paid his poll tax for the previous year on or before the 1st day of May of the 
year in which he offers to vote, as prescribed under Article V, section 1, of the 
constitution.” 

Counsel for contestant offers in answer to the observation of the learned 
counsel alluding to an understanding as to the nonpayment of poll tax as being 
“ a damnable outrage,” such quotation being a part of the solemn constitution 
and statutes of North Carolina governing the rights of citizens to vote in said 
State. 

Cross-examination for contestee, by Mr. Long : 

Q. I believe you testified you were registrar in Chambersburg Township?—A. 
Yes. 

Q. Mr. Britt asked you, as I understood it, called over a number of names 
of citizens of your township and asked you if they were voters in Chambers¬ 
burg precinct, and if they voted there at the last elevtion of 1920, is that the 
question—do you remember the list of names?—A. He asked me that question 
with some others—I told him they were. 

Q. That they were voters and voted at your precinct last election?—A. Yes. 

Q. What do you mean by your answer that they were voters in that precinct?— 
A. I mean they were citizens of the township and county and they resided 
down there and were within the age entitled to register. 

Q. That they were citizens of the State for two years or more?—A. Yes; and 
of the county six months and precinct four months. 

(j. Were they duly registered?—A. Yes; they were duly registered. There 
was one of the names called, J. E. Freeland, that should have been L. E, Free- 
hmd. 

Q, As registrar of that precinct did you put in the days required by law at 
your polling place?—A. Yes; I did. 

(}. Four days, was it?—A. I think it was four days. 

Q. On these days were your books open and all the opportunity provided by 
law afforded to the people of your precinct for registration?—A. Yes; they 
were. 

Q. Was there anybody, any citizen of either party, or any party, denied the 
l)rivilege of qualifying and registering through you?—A. No, sir; were not. 

Q. Have you since that time or at any time had any complaints on the part of 
anybody?—^A. Been absolutely no complaint in that township about the way 
they were treated, absolutely none; at least, I haven’t heard it. 

Q. None made to you?—A. I have really heard some Republicans commend the 
wav the election was carried on down there. 

Q. Mr. White, I understand that Mr. Britt asked you a question in effect this: 
Something in regard to a cartoon purported to have been circulated of INir. 
Harding and .‘^ome alleged candidates of colored people on his ticket, he asked 
you .something about the circulation of that in your precinct, did he not?—A. 
Yes; he asked me something about that. 

Q. In your opinion was there any voters prejudiced by any such circulation 
that there might have been of that cartoon?—A. Mr. Lowery and myself are 
the only voters that ever saw it that I know of. 

Redirect examination by Mr. Britt ; 

O. Referi-ing to the list of Democratic voters which you named before noon, 
von have no personal knowledge as to whether those voters had or had not paid 
their poll tax for the year?—A. I don’t know anything about that myself. 


57G95—21 


S 



82 


CAMPBELL VS. DOUGHTON. 


Mr. G. M. YOUNG, being called by contestant, testified as follows: 

I live in Fallstown Township, my post office is Troutman. 

Direct examination by Mr. Britt : 

Q. In what voting precinct of Iredell County do you live?—A. Fallstown. 

Q. State whether you were the registrar of voters that entered in that pre¬ 
cinct?—A. L. N. Brown was appointed registrar, and owing to the fact that he 
was running a public ginnery, on the morning of the 8th, I believe it was, of 
October, he phoned he could not attend to his own duties and do his duty as 
registrar, resigned, and I was appointed his successor. I began my work on 
the 9th of October. Since that I have handled it regularly. 

Q. How many registration Saturdays after your duties began?—A. Three, 
including the 9th. 

Q. You were present at the voting precinct on each of those three days?— 
A. Yes. 

Q. From what hour to what hour?—A. Any time, day or night, I registered. 
The registration precinct is my place of business. I was there all the day, and 
I have never restricted myself to registration hours. I have registered irre¬ 
spective of politics, either day or night, during the period when qualified elec¬ 
tors have presented themselves. 

Q. Is your place of business in the village of Troutman?—A. Yes; the voting 
precinct is at my store. 

Q. What is your business?—A. Groceries and confections, school books, etc. 

Q. Do .you remember the aggregate registration of your precinct for the en¬ 
tire registration period?—^A. It was right around 300, perhaps a little rise of 
that, the entire new registration. 

Q. About what proportion of the aggregate list was entered during the regis¬ 
tration period of 1920? My questions refer to those who were entered by you 
during that time, you and your predecessor?—A. I answered that by probably 
a little rise of 300. 

Q. What is the aggregate of all?—^A. About 551. 

Q. And the number of new registrants was a little rise of 300?—A. Right 
close around that. 

Q. Do you recall how many your predecessor had put on of the new regis¬ 
trants when you entered upon your duties?—A. About 35. 

Q. To what proportion of those registered by you did you administer the 
oath of qualification?—A. 100 i>er cent; every one. 

Q. You swore all that came?—A. Never registered a man without it. That is 
the law, as I understand it, and I attempted to carry that point out. 

Q. Did you apply the whole tests of the Constitution and statute to the appli¬ 
cants for registration?—A. So far as the general education qualification I did 
not. My understanding was that the constitutional amendment was to protect 
the white people, and we didn’t have any darkies registering in our township. 

Q. You have told me how you occupied your time oificially when at the poll¬ 
ing place; how much of your time during registration period was occupied 
officially away from the polling place?—A. Parts of possibly as much as five 
days. 

Q. About how large an area is your precinct?—A. From the voting precinct 
to the most remote part of the township is about 7 miles. 

Q. It is a hilly, undulating country, is it?—A. Right sharply so. Fallstown 
borders on the Catawba River, and some territory rather rolling. 

Q. How did you travel during this time?—A. Traveled in an automobile. 

Q. When you left the voting place to travel over the precinct and complete the 
registration you were legally advised, either of your own knowledge or by 
counsel, that you did not have to leave the precinct to i>erform your duties?— 
A..I understand that. 

Q. Did you go away on the instance of the party management of your party?— 
A. Not necessarily. If I recall, there had been some suggestions to see that all 
who wished to register had the opportunity. 

Q. Did you ever receive such suggestion from the chairman of the county 
board of elections, IMi. Lewis? A. No; I don’t know, so far as specific instruc¬ 
tions, that I ever had any. 

Q. Did you ever receive any instructions from Mr. Hartness, chairman of his 
party in the county?—A. I won’t be positive whether it was or was not If 
I received any at all, it was suggestion that we want the people to register but 
I don’t make oath that he ever suggested that particularly to me 


CAMPBELL VS. DOUGHTON. 


83 


Q. Ill leaving your place of business in your automobile in the journey to 
take up the registration list, did you take them house by house as you came 
to them?—A. No, sir. 

Q. Did you take up Democratic and Republican families alike as you came 
to them?—A. I did where I had invitations. I registered quite a few Repub¬ 
licans at their homes by request. 

Q. Did you generally go to any place, at the home of a Republican, except on 
request?—A. No. 

Q. You did go to all the Democratic homes you could without request?— 
A. With request. It has been an established custom in my township at least 
for two places to go to register from the precinct. Little village in the remote 
part of our township, Eufola, it has been a custom for tax returns and registra¬ 
tion, such things as that; it has been customary for whoever was legally 
appointed for that to visit these places—East Monbo, a cotton-mill settlement; 

I made as much as three trips there. A goodly number of their employees are 
employed during the working hours, and it was a convenience to them to visit 
them, and I visited all of these places. 

Q. You understood your duties under the law and under your obligation as an 
official well, I am sure, from your intelligence. I ask you if you did not feel, 
when you started out over the precinct to register voters, that your legal obli¬ 
gation required of you the same diligence and activity in behalf of one voter 
that it required in behalf of another, regardless of politics?—A. No, sir. 

Q. You don’t feel that way?—A. No, sir; not at all. 

Q. Then your view of your duty in that particular was that on these days, 
other than the registration days, the Saturdays, that your services belonged 
wholly or mainly to your own party, outside of the regular registration days?—■ 
A. Oh, no; not all. You asked a direct question whether a registrar would 
leave with the same zeal to hunt up his opponents as he would his followers, 
because no man does. On Saturdays he does, but not on other days. 

Q. So then what you mean to say for the record is that aside from these 
Satur<lays your official duties, under the law, and your official obligation, under 
your oatli, did not re(iuire the same zeal and activities for the members of the 
opposite party as they required for your own party?—A. Not to leave home, 
not to leave your o^\^l business. 

Q. If that is true and the law which provides your oflice, and the legal au- 
thorit.v which appointed you provided a partiality of service for men under the 
same laws in your State, did it not?—A. That is optional with the registrar. 
He is not violating his obligation other days other than Saturday if he looks 
after those who have invited him. As I told you, I registered a number of 
Republicans at their homes by request. 

Q. You were paid for your services?—A. So much per name. 

Q. What is that compensation?—A. Ten cents per new name. 

Q. Then, if you received the total compensation by yourself and your imme¬ 
diate predecessor you received a compensation of something like $30?—A. Yes. 

Q. And for a part of that service, that is the 10 cents per name, which you 
received, comprises a i)art of the names which you took on these journeys away 
from the polling precinct, didn’t it?—A. Each name stood for itself. 

Q. I ask you if you don’t know, as a matter of public knowledge, that the 
public taxes that contributed to pay your stipend were paid alike by all the 
taxpayers of this county, regardless of politics?—A. Has anyone been denied 
the privilege of registering in my precinct? I understand it is. 

Q. Then, .Mr. Young, do you not feel, under your statutoiy duty and under 
the obligation of your oath that your services for which you received this com¬ 
pensation, small but worthy and ai)i)reciated, should have been performed ab¬ 
solutely impartially with disregard to party?—A. The law provides for that 
and I complied with it. 

Q. Y^ou have stated that aside from registi-ation Saturdays you did not feel 
the" same obligation ui)on you? Referring to the election day, you were pres¬ 
ent and assisted as one of the poll holders?—A. Y>s. 

Q. Who were the other poll holders?—A. E. .1. Troutman and C. M. Wagner. 

Q. One of these belonged to the party to which Mr. Doughton belongs and 
one to the party to which Mr. Oampbell belongs?—A. One Democrat and one 
Republican. 

Q. You recall how many ab.sentee ballots were cast that day?—A. Eleven is 
my recollection. 

Q. Did you open the envelopes containing them?—A. I did. 


84 


CAMPBELL VS. DOUGHTON. 


Q. Who had delivered those envelopes to you?—A. The United States post¬ 
master. 

Q, You received them through the mail?—A. Yes. 

They were addressed to you as registrar?—A. Y’^es; with the exception 
of one or two, which were addressed to Mr. Brown, the man first appointed, 
and they were turned over to me. 

Q. When you opened them did you find that the envelopes contained whole 
ballots or certificates of whole ballots to vote the solid ticket?—A. One con¬ 
tained a certificate for the balloting; others had tickets in them with the 
certificate. 

Q. What disposition did you make of the envelopes and the certificates and 
the ballots?—A. I opened the envelope, retained the certificate and the 
envelope, and handed the ballots to our Republican judge—he was next to 
me—and I have the certificates and envelopes with me. 

Q. The ballots were put in the boxes?—A. Y'es. 

Q. Have you those certificates now?—A. Yes; I have the envelopes with the 
certificates. 

Q. Please exhibit them [which witness does].—'A. There are either 10 or 11, 
I am not sure which. 

Q. C. O. Lentz was one of the absentee voters?—A. Yes. 

Q. Do you know him?—A. Yes. 

Q. AVhat is his politics?—A. He is supposed to be a Democrat. 

Q. Did you note the ballot which came?—A. I did not. 

Q. He is usually known as a Democrat?—A. He is recognized as that. 

Q. You don’t know whether he voted for Mr. Doughton or Mr. Campbell?— 
A. I do not. 

Q. Do you know the nature of his absence?—A. Yes; he is a railway engi¬ 
neer. 

Q. Where was he?—A. His lum is between Asheville and Salisbury, I think. 
His family lives in our precinct. 

Q. Did he register before you this year?—A. No; he registered, I suppose, 
two years ago, either that or in the recent primary. Mr. Brown was registrar 
in the primary. 

Q. Y^ou didn’t know anything about his qualifications other than his name 
was on the register?—A. Yes; I knew he was a duly qualified registrant in 
our precinct. 

Q. How old?—A. About 40. 

Q. Do you know if he had paid his poll tax?—A. No, sir; I do not. 

Q. Then you don’t know that he was a duly qualified elector?—A. I know 
so far as his citizenship was concerned. 

Q. Mrs. H. N. Troutman?—A. I think there is one of that name. 

Q. Do you know Mrs. Troutman?—A. I think so; yes; I know her. 

Q. What was the nature of her absence?—A. Inability, sickness, I believe. 
There was a doctor’s certificate, my recollection, that was presented. 

Q. Did you register her?—A. No; I think she was one of the ones that was 
registered under Mr. Brown. 

Q. Y^on know nothing about her qualifications except her name appeared on 
the book?—A. That is all; except she was a duly qualified elector so far as 
citizenship is concerned, and is out of a good Republican family. 

Q. Greer Nesbitt, do you know him?—A. Yes. 

Q. What was the nature of his absence?—A. He was at work in Winston- 
Salem, was my recollection at the time. He had been working there during 
the fall and it is my information he was at work at Winston. 

Q. Did you register him?—A. Not this recent registration. I don’t recall 
whether I did two years ago or not. 

Q. What is his reputed politics?—A. He is supposed to be Democrat. 

Q. You knew nothing of his qualifications other than finding his name on the 
book?—A. No; I know he is a qualified elector. 

Q. What is his age?—A. 22 or 23. 

Q. You don’t know whether he had paid his poll tax?—A. Do not. 

Q. J. T. Robb, is that one of the names?—A. He is a resident of Washington, 
D. C., at pre.sent. 

Q. Did you register him?—A. Not this registration. 

Q. What is his reputed politics?—A. Democrat, but don’t know how he voted. 

Q. Do you know his age?—A. There are two Robbs there. There is a Will 
Robb and J. T. Robb. I think J. T. is the older one, and if I am correct about 
it I suppose he is probably near 30. 


CAMPBELL VS. DOUGHTON. 


85 


Q. You know nothing of his qualifications other than finding his name on the 
registration books?—A. No. 

Q. Harry Robb?—A, I don’t know him personally; his name was furnished 
me through the chairman of the county registration board. I put his name on 
the book this fall. 

Q. You don’t know anything about his qualifications?—A. Otherwise do not. 

0. What is his reputed politics?—A. Don’t know. 

Q. Edna Young, which I assume to be a feminine name.—A. I know her. 

Q. What is her politics?—A. I don’t know. She is my daughter, and I don’t 
know what she voted. 

Q. What was the nature of her absence?—A. She was teaching. 

Q. Is it Lois Young?—A, She is another daughter. 

Q. What is the nature of her absence?—A. She is teaching. 

Q. Do you know her politics?—A. Don’t know her politics either, or rather 
don’t know how she voted. 

Q. M. D. Cavin?—A. He is a young man that has been in the service of the 
Government for some while and was in Iowa in school. 

Q. Do you know his politics?—A. Supposed to be a Democrat. 

Q. Do you know how he voted?—A. Do not. 

Q. P. A. Barringer?—A. I know him. 

Q. What is the nature of his absence?—A. He was away at work, I believe. 

Q. Did you register him?—A. Yes. 

Q. What is his age?—A. I don’t recall the age. It is a little upward of 50, 
I suppose, possibly right around 55 to possibly 60. 

Q. Do you know his eligibility, so far as residence, etc.?—A. He is supposed 
to be qualified—another mighty good Republican. 

Q. Ph-ed E. Lippard?—A. I don’t know him personally. 

Q. Don’t know anything of his qualifications?—A. I do not. He is supposed 
to be qualified. I never heard the question. 

Q. Do you know what disposition was made of the regular ballots cast that 
day?—A. There at home, put back in the boxes, and the ballot box with its 
contents is unde,^' lock and key. 

Q. To what extent, if at all, did you see and know of the so-called Harding 
picture representing the Republican candidate for the Presidency between 
Negro candidates in the State of Ohio?—A. I remember seeing one of the 
cartoons. 

Q. Where did you see it?—A. There was some one at our place that showed 
it to me—I don’t recall positive who the party was. 

Q. Where was it?—A. At my place of business. 

Q. Did you post it up there?—A. No, sir. 

Q. Did anybody else post it up?—A. No, sir. 

Q. Did you exhibit it?—A. I did not. 

Q. Did anybody else in your place of business?—A. Not to my knowledge. 
To be perfectly fair it was suggested that it be put up, and I told them it 
could not go up in my place of business. I said this: “ The darkies are not 
figuring in politics in this precinct, and for that reason I don’t think it com¬ 
petent to exhibit it,” and it was not done. I protested about it being exhibited 
at my place. 

Q. There is another alleged to be improper piece of campaign literature 
know as the Negro woman circular sent out from some person unknown; did 
you see it?—A. I don’t recall I saw one of the originals. I think I read some 
comments 'through the local parters, perhaps making reference to it, but as for 
one of the originals I don’t recall I ever saw one. 

Q. Do you read the Raleigh News and Observer?—A. No, sir; I didn’t take 

a daily at that time. „ . 

Q. Did you ever see another alleged campaign document called the Harding 
familv tree?—A. Don’t think I ever saw it. 

Q. Heard it discussed?—A. I have heard some discussion, whether it was 
in regard to the family tree or otherwise. I have heard a little discussion in 

regard to his family records. * 

Q Was that indulged in at your place?—A. No; I can’t say that it was. 
Previous to the election I had heard some intimation as to that, and I never 
used it and never allowed it to be used by my friends. 

O You knew as a matter of fact, that such representations of the candidate 
for"President would be inclined to excite prejudice and animosity?—A. I didn’t 
think it would help any. 


86 


CAMPBELL VS. DOUGHTON. 


Q. In registering voters in the village of Troutman is it true that you went 
out of your way to miss some good section of the village there that is supposed 
to contain a good section of Republican men and women?—A. Not to ray knowl¬ 
edge, didn’t purposely evade anybody. 

Q. Did anyone on behalf of the Republican management ask you for a copy 
of your registration book?—A. No, sir. 

Q. You never refused a copy of it at any time?—A. I never was asked. 

Q. Do you know Miss Elexia Alford, school-teacher in your community?— 
A. Yes; I know her. 

Q. Does she live in your village?—A. Yes. 

Q. What does she follow?—A. Teaching school. 

Q. And where does she come from?—A: Robeson County. 

Q. How long has she been with you?—A. Her second year. 

Q. Did she go home during vacation?—A. She went home about 30 days and 
rest of time was at summer school. 

Q. But lives in Robeson?—A. I understand it is her home. 

Q. Did she vote in your precinct?—A. Yes. 

Q. On what claim?—A. Citizenship. 

Q. How' do you count her a citizen?—A. The place of residence of an un¬ 
married person is where they sleep. She had been a resident of the State all 
her life, had spent three years prior to coming to our place in school here at 
the college—came after she finished here to our place and taught one term 
and back there on another. 

Q. When did her school close in the spring of 1920?—A. In May, is my recol¬ 
lection. 

Q. Then the vacation came?—A. Yes. 

Q. When did she resume?—A. Sometime in September. 

Q. She went home during the vacation?—A. I understand she was at home 
30 days and went to attend summer school. 

Q. Slie came back to your place when?—A. About the 1st of September, my 
recollection. 

Had she been back in Iredell County six months before the second day of, 
November?—A. Not all the time; no, sir. 

Q. Had she been back there six months?—A. She had been there, really her 
residence for a year and a half, you might say. 

Q. As matter of fact, after going to her home she had only come hack about 
the 1st of September?—A. To take up her school work; yes. 

Q. That is when she came hack and resumed her residence in Iredell 
County ?—A. She was employed for another term before leaving, and she was a 
citizen of Troutman. 

Q. Isn’t it a fact that Miss Alford is a school teacher that teaches wherever 
she gets employment and wants to go?—A. She has the privilege of accepting 
work at will. 

Q. I\Iiss Alford lives in Robeson County and goes back to that place as her 
domicile and goes back when she gets through teaching by the same analogy 
your daughters teach in Asheville and they come back to vote—then why 
doesn’t IMiss Alford ?—A. It is optional—they can adopt their citizenship where- 
ever they want to. 

Q. Can a woman or man have a dual citizenship?—A. They can take their 
citizenship up wherever they want to take it up. 

Q. Where did you get that law?—A. I think the laws governing tickets 
ballots. 

Q. I ask you if you don’t know that both the constitution of our State and the 
statutes of our State require that any voter shall be a resident of the county 
six monts, that is, at this time, at the time of the voting, must be a resident 
for six months immediately preceding the election?—A. I understand that, ex¬ 
cept there is a provision made about absentee voters and commercial travelers. 

Q. INIiss Alford didn’t vote as an absentee voter?—A. No; she never regis¬ 
tered anywhere else? 

Q. She hadn’t been in Iredell County six months? Her home county was in 
Robeson County, just as your daughters staying in Asheville have their home 
heie? A. That is tiue in their case. If she had never been a resident previous 
to that time, but she had spent the year preceding that, and only little time 
that she was in summer school and otherwise. 

Q. Do j ou still think that it is possible for a yoter to select the county in 
vhich they want to vote? A. I do under her surrounding circumstances 

Q. Did any lawyer ever tell you that?—A. No, sir. 


CAMPBELL YS. DOUGHTON. 87 

Q. Any management of your party ever tell you that?—A. Don’t know that 
they ever did. 

Q. That is your personal conception?—A. From the election laws as I under¬ 
stand it. 

Q. Did yon ever read that in the election laws?—A. I have in regard to one’s 
place of citizenship, what constitutes citizenship and the difference between a 
married i)erson and a single person. 

Q. You are talking about residence instead of citizenship?—A. The two lie 
very close together. 

Q. After hearing read this extract of article 4, section 2 of the constitution 
of our State setting forth the qualifications of voters, to wit: He shall have 
resided in the State of North Carolina for two years, in the county six months 
and the precinct, ward or village in which he offers to vote four months pre¬ 
ceding the election, after hearing that read are you still of the opinion that 
Miss Alford was qualified to vote?—A. I am beyond a doubt. 

Q. Upon what theory?—A. Her residence there during the year during which 
she was teaching school. If she had only been there less than six months prior 
to the election it would be a different matter. Her residence was at Troutman 
previous to that for nearly a year. 

Q. Holw long have your daughters been teaching in Asheville?—A. About 
middle of September, one of them. 

Q. They were there teaching about the time of the election?—A. One of 
them was. 

Q. They voted at Troutman?—A. Yes. 

Q. How is the relation of your daughters there different from the relation 
of Miss Alford from her home in Robeson County, when their schools com¬ 
mence about the same time?—A. My oldest daughter it was optional with her. 
She had been in Asheville long enough to have established her citizenship 
there if she had wished it, to have established her citizenship either place— 
by choice she registered at home. 

Q. Do you recall whether one of your fellow citizens named Ed. Matheson 
ever asked permission of you there to copy your registration book or to obtain 
a copy?—A. He asked the question, as well as I recall, if asked for one would 
I grant it. 

Q. What did you tell him?—A. I told him I would consider my duties and if 
I found it was my duty to do so I would—he never called on me any more. 

Q. The register of voters in the precinct is a public record, is it not?—-A. 
No, sir. I have never seen any place where an individual has the right to call 
for the registration book. There is a place where he can call for the poll 
book. I still say that copy was never demanded of me. There was a sugges¬ 
tion as to whether I would, if a copy was called for, if I would comply. 

Q. Y^ou think that is the property of the registrar?—A. I think it belongs 
to him during the time of the registration. 

Q. Does the books of the register of deeds belong to him privately?—A. 
That is a different matter. The registration books are only in the hands of 
registrars for about five weeks, and during that time he is solely responsible 
for them. 

Q. Do the records during that time belong to him or to the public?—A. Be¬ 
long to him except on challenge day, and they belong to him. 

Q. Then he can do anything with the books?—A. No; only he is the custodian 
of them, 

Q. They are not open to the public?—A. Not for general inspection, as I 
understand the law. 

Cross-examination for contestee by Mr. Bickett ; 

Q. You say, as a matter of fact, Mr. Young, nobody ever called for a copy?— 
A. No, sir. 

Q. And you told this one gentleman that mentioned the matter to you, after 
he asked for the copy, that you would consider as to whether, or not, it was 
your duty to let him have one?—A. Yes; and also asked him to inform us if 
he found'any law that made it my duty, I wanted to see it, and if I found any 
law that made it my duty I would give him a copy of it, but he never came 

back for it. , , 

O. I understand it to be your conception of the law that where an unmarried 
person leaves his home, or her home, and goes to another place to take em¬ 
ployment of a more or less temporary character that they have the right 
to retain their citizenship at the old homestead or in anotlier place that they 


88 


CAMPBELL VS. DOUGHTON. 


shall see fit?—A. Provided that they have complied with the statute of citi¬ 
zenship of other places. 

Q. That citizenship is a question, under those circumstances, of intent?— 
A. Exactly. 

Q. That if a person accepted position as school-teacher he can say when he 
goes to that place to teach school, “ I expect to make this place my home,” and 
it will be his home, and he can qualify and register there, or he can say, “ I 
don’t propose to make this place my home,” and I am going to retain, my 
citizenship at my old home?—A. That is the way I understand it. 

Q. You said yqu administered the oath to the registrants?—A. Yes. 

Q. Did you administer the oath to Miss Alford?—A. I did. 

Q. In the oath that you administer she herself swears that she is a resident 
and has been a resident of this county for six months, and of the precinct 
for four months?—A. Yes. 

Q. She swore before you that she was a resident of Iredell County and had 
been for six months?—A. Yes. 

Q. And you accepted her oath on that proposition?—A. Yes. 

Q. Aside from the Saturdays that the law required you to be at the place 
of registration you stated that you did some work in the field on other days?— 
A. Yes; little. 

Q. When you were not in the field you kept your books open for registration 
at the place of registration every day during the entire registration period, 
whether it was Friday, Saturday, or Monday?—A. Yes ; whether it was between 
suns or any time they found me at riiy place of business, and any qualified 
elector was registered. 

Q. During that entire period, irrespective of Saturdays, you held your 
books open to register all comers wherever they found you. Is "that correct?— 
A. That is correct. 

Q. Do you know of any Republican in your precinct that was denied the 
right of registration?—A. Don’t think there was but three that didn’t register, 
and they were ladies, and they didn’t apply. 

Q. Were you ever requested to go to see these three particular ladies and 
register them?—A. No, sir; I understood that they were very much averse 
to it, and their husbands were opposed to it. 

Q. They were opposed to women having anything to do with politics at all?— 
A. That is the way I understood—I beg your pardon, there is one statement 
I will recall. There was quite a bunch of ladies that didn’t register at the 
cotton-mill section at East Monbo. I made three trips there. Out of the 
entile mill population there were two ladies registered. One c<ime with her 
husband to my place and was registered and another one M’as there at the 
community fair and registered. On three separate occasions I visited Monbo 
cotton mill for the purpose of registering the ladies. That seemed to be a 
place where both political parties were averse, both ladies and the men, to 
the ladies participating. I remember my last visit there. I walked into a 



in your homes want to register, I am here for the business.” And as I visited 
the cotton mill awhile during the work hours I found two young men down 
there I registered, and was about to leave when I saw a man I didn’t know 
standing in the doorway. I asked who he was. I was told, and I said “ AVonder 
It he wants to register.” Party of women said thev didn’t know said “I 
think he is a Republican.” I said “All right.” I went direct to the man; 
told him my business and asked him if he wanted to register He thanked me 
and registered. I understood he was a Republican, and aside from that I 
visited various homes, Republican homes, to register their inmates bv request 
01 in\ Ration. ^ I remember on one trip it was a place where the husbands, the 
men, had married, I understood, Democratic women, and I had heard that 

they were veipr much averse to their women registering. AVhen comino- into 

Ind Now“r I them my buSness, 

and I said. Now, if >011 women want to register,” I said, “I am readv to 

wait on you, and they both consented that it was all right that thev wanted 

value.,'peace in the I'.o.ne, 

contest, of iiny RepultWaVm “yL“pre 1 hK’rcompS^ 


CAMPBELL VS. DOUGHTON. 


89 


opportunity was not given to the Republicans to register?—A. Never heard 
of a complaint. 

Q. Any complaint down there about the fairness of the election in any way?— 
A. Well, no; I have never heard any complaint of unfairness. I have heard 
some very leading Republicans say time and time that they didn’t think there 
was any place where the election was more fairly and squar ly conducted than 
in Fallstown Township. There are Republicans in the house, I believe, would 
testify that. They have to me, I know, and I believe they would publicly. 

Redirect examination by Mr. Britt : 

Q. Did I understand you to say, under his question, that notwithstanding 
the fact that the constitution and laws of your State at the time of that 
election required that the voters should have lived in the State two years, 
in the county six months, and in the precinct four months, and notwithstanding 
that one temporarily away from home for employment could elect or say that 
he could have his voting residence in the place where he was or return to the 
place where he came from?—A. I contend that an individual can be so situated 
that they can be doubly (lualified. 

Q. You don’t think there is any element of the actuality of the residence 
to be considered?—A. Circumstances always controlling. 

Q. Notwithstanding these solemn requirements which I have overnamed, yet 
it is left to the elector to elect where he shall be a resident?—A. In a measure 
he can. 

Q. State whether, in virtue of being a registrar and poll holder in your 
precinct, you were also made a member of the county board of canvassers.— 
A. Yes; I was on the canvassing board. 

Q. And you acted as such?—A. Yes; as secretary. 

Q. Do you remember of how many members that board was composed?—A. A 
chairman and two secretaries, was my recollection. 

Q. Wasn’t it composed solidly of Democrats*?—A. In so far as I know, I expect 
it was. 

Q. You don’t know of having any Republican on it?—A. It was one of the 
times they had to make it up out of the canvassing board, and would not be any 
Republicans on it. 

Q. It was composed of one poll holder from each precinct?—A. Yes. 

Q. There was one Republican poll holder?—A. All the registrars were not 
present at the time. The canvassing board was at work before all the returns 
had reached us. 

Q. In the precincts there was one Republican on the precinct board of every 
precinct?—A. Yes. 

Q. But there was no Republican of either of the precincts when you met here 
to canvass the vote?—A. Not that I know of. 

Recross-examination by Mr. Bickett ; 

Q. The law declares that a county canvassing board is a judiciary body and 
that it is its duty to judiciously inquire into and determine the number of legal 
votes cast for each candidate?—A. Way I understand it. 

Q. Did anyone appear before your canvassing board on behalf of Dr. Camp¬ 
bell and question the legality of any vote cast in Iredell County?—A. No, sir. 

Re-redirect examination by Mr. Britt : 

Q. In answer to Gov. Bickett’s question you say that the law says that the 
board of canvassers is a judiciary body; where does it say that?—A. I have a 
copy of it. 

Mr. J. A. W. BARKLEY, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. I live out in the country 3 miles. 

Q. In what voting precinct of Iredell County?—A. Ward 2, Statesville Town¬ 
ship. 

Q. State whether you were the judge of election in the November election in 
vour ward.—A. Yes. 

Q. State whether you signed the certificate of results of the vote cast in your 
precinct on the night of the election.—A. Yes. 

You were a sworn ofiicer there?—A. I don’t think the oath was adminis¬ 
tered that morning. I don’t think we were sworn; of course we were obligated. 


90 


CAMPBELL VS. DOUGHTON. 


Q. Refresh your memory and inform me, for the record, whether the registiar 
and two judges were swornV—A. I think not; would not be positive about it. 

Q. Be that as it may, you filled the obligation of your official duty A. les 

Q. As such, did you endeavor to discharge it faithfully? A. Done the best 1 

could. ^ , ,, 

Q. Were you a careful and impartial observer of the proceedings as to the poll 
holders on that day and of what took place?—A. I tried to be. Of course, we 
are all partisan in a sense; nature makes us that. 

Q. State whether you observed anything in the conduct of the election of 
which you officially disapproved as being irregular or illegal.—A. Some votes 
passed in by a majority rule. 

Q. You mean by two of the three poll holders?—A. Yes. 

Q. Specify. Do you mean the two Democratic members of the poll holders?— 
A. Yes. 

Q. What were those votes?—A. I recall one individual. 

Q. Describe it. 

(Objection by contestee upon the ground that there is no allegation in the 
notice respecting the illegality of the votes about which the witness is being 
questioned.) 

(Counsel for contestant states in open hearing, and it is admitted by counsel 
for the contestee, that notice of the intended presence of this witness to testify 
in the matter pending has been served upon the contestee, or his counsel, ana 
also that the contestant disclaims any obligation of having to inform the con¬ 
testee, or his counsel,-of the character of the testimony about which inquiry 
is made.) 

A. Mr. Will Baxter came to vote, and I just happened to think where he 
lived, and asked him, said, “Where do you live?” He says, “I live at the 
Mrs. Rickert place,” I believe he described it. I said, “ That is the old Kester 
place, is it not? ” And I said, “ You are in the wrong ward; it is in ward 3.” 
And he hesitated, stopped when I asked him, didn’t proceed to vote, and then 
they put it to a vote, that he had been registered there in our ward and had 
voted there, I believe, before and put it to a vote, and the two Democrats 
voted that he would be allowed to vote, and I, of course, thought he should 
not be allowed on account of him not being a resident of this ward. 

Q. Do you know the* limitations, geographically speaking, of that ward ot 
which you were judge?—A. I don’t know the lines—I know as to where he 
lived. My neighbors down there voted in different wards. My idea is that 
the Charlotte railroad is the line dividing the two wards. Mr. Lee Mills lives 
down here, special friend of mine, lives in ward 2 on the east side of the 
Charlotte railroad, and J. S. Flemming lives between the railroad and Charlotte 
big road, and he voted in third, and that is the position that IMr. Baxter 
ocrupied. He lives between the railroad and highway leading to Charlotte.. 

Q. For that reason he was not, as you contended, a qualified voter in your 
precinct?—^A. Yes. 

Q. And you protested against him being allowed to vote?—A. Yes. 

Q. He was allowed to vote over your protest?—A. Yes. 

Q. Did you, in the course of the day, observe anything else which you re¬ 
garded as an illegality?—A. There were several voters, I can’t recall. I don’t 
believe, just now, that I thought ought not to have voted there—^probably one, 
an old lady, a Mrs. Caldwell. I didn’t challenge her, for I didn’t know how long 
she had been in the ward, but afterwards I made some inquiry and found that 
she had moved into the ward in August. 

Q. You know what time in August?—A. About the 15th of August. She had 
lived in Statesville before. My daughter boarded with her, but had left here, 
I think, before Christmas a year ago and went to Georgia. 

Q. Do you know the initials of Mrs. Caldwell?—A. No, sir. 

Q. Where does she live now?—A. She lived at that time on Sharpe Street 
with Mrs. W. A. Eli a son. 

Q. In your precinct?—A. Y'es. 

Q. As you are reliably informed, she had moved into that precinct about the 
middle of August?—A. Yes. 

Q. AVhich, as you calculate it, was less than four months next preceding the 
election?—A. Yes. I didn’t object at the time of the voting, for I didn’t know 
just what time it was; she had lived at Barium before coming to Statesville. 

Q. You only designate her as Mrs. Caldwell?—A. I don’t know her initials. 
I can find them out. 

Q. I ask yon to ascertain her name and residence at that time. Was there 
anything else that suggested itself to you as an irregularity ?—A. Another 



CAMPBELL VS. DOUGHTOK. 


91 


gentleman came in to vote, and it struck my memory that he lived in ward 3i’ 
and asked him if he didn’t, Vance Jenkins, and he said, “ You know where I 
live.” ^ I said, “ No, I don’t.” And some of them said, “ He lived in this ward 
until just a little while ago, and he has moved into ward 1,” and he voted, but 
the merchant on the hill told me he had lived there nearly all that summer, 
if not quite, and that was on the west side of the street. 

Q. Did you get the impression or the information that he had lived over in 
the precinct into which he had recently moved and in which he then lived 
more than four months next preceding that time?—A. Yes. 

Q. Did you protest this to the other poll holders?—A. No; I got the informa¬ 
tion after the election. 

Q. Is there any other feature of the election you noted?—A. Well, on chal¬ 
lenge day Mr. Echard and wife were challenged. I thought they had gone to 
Taylorsville. He went up there to take charge of a bank. He was a member 
of the post office force down here; C. E. Echard, I believe it is. I thought 
he went the 1st day of May was why I challenged the vote, but I learned after¬ 
wards that he went the 1st day of June, and was told by some parties that 
when they hadn’t been out of the county six months they had the right to vote 
here. He and his wife came and voted in person. They got outside the build¬ 
ing and Mr. Allison said, “ Now, we will get ready and have that over, the 
challenge,” and he went out, and I looked to see who he met, and I saw it was 
Charlie Echard and his wife, and I called him back to me, and I said, “ Dick, 
tell them to come on in, I am not going to contest it ”—had been told in the 
morning they were legal voters. 

Q. When did they leave Statesville?—A. Had left the 1st of June, I learned 
since. I learned before the election that they left the 1st of June. 

Q. If one must be in the county six months next preceding the election be¬ 
fore he can be a qualified voter, and they had left this county on the 1st day 
of June.—A. Perhaps not the 1st day, but the first part. He took charge of 
the bank of Taylorsville the 1st of June. 

Q. They had been out of the county five months and not qualified to vote?— 
A. Others say that they retain their citizenship six months and are legal 
voters, and on that ground I withdraw my challenge. 

Q. Any other irregularities?—A. I don’t recall any. Seems to me like there 
were more than that that I thought were irregular, hut I don’t recall. 

Q. Were you there when the envelopes containing the absentee ballots were 
opened?—A. Yes. 

Q. By whom were they opened?—A. Why, Mr. Coffee opened some of them 
and Mr. Allison or Mr. McLain opened some. Perhaps all three opened some; 
I don’t remember just who did. 

Q. Did you know all these absentee voters personally?—A. Don’t recall that 
I did. 

Q. If you didn’t know any of them personally you don’t know whether they 
were or were not qualified?—A. No, sir; I do not. ^ 

Q. Do you know of any Republicans that voted absentee ballots on that 
day?—A. 'No, sir; I don’t know that there were. 


Cross-examination by Mr. Lewis : 

Q. You have been a judge in this ward for a number of years, have you 
not?—A. Two or three times. 

Q. In 1916 and 1918 you were?—A. Not in 1918. 

Q. In 1916 vou were?^A. I think so. 

Q, I ask you, as a matter of fact, if Mr. Will Baxter hasn’t lived at the same 
place he is living now for a number of years?—A. He is a renter and I don’t 
think he has lived there for a number of years. 

Q. Do you know it is not true?—A. No; I don’t know it is not true. 

Q. He has been voting in No. 2 for six or seven years?—A. I don’t think so. 
q! Registered on the book in 1916?—A. He lived in the ward several years 
ago, blithe had moved out of the ward and is living out of it. 

Q. Where he is living now doesn’t he vote in No. 2 from that place?—A. He 

Q. Didn’t he the fall two years before that?—A. I was not judge. 

Q. Didn’t he state there that day that he had?—A. He didn’t, but I think 

some one else did. 

Q. In his presence?—A. .Y’'es. 

O He didn’t deny it?—A. No. _ . 

Q He acquiesced in it?—A. Yes; he just let the other fellow do the talking. 


92 


CAMPBELL VS. DOUGHTON. 


Q. You don’t know when Mr. Jenkins moved out of No. 4—don’t know a 
thing about it of your own knowledge—you don’t know of your own knowledge 
anything about it?—A. No; I don’t. I know he was living there last summer 
in that house; at least, I saw him there. 

Q. Each and all of these parties that you named, they voted in the ward 
where they thought they had a right to vote? 

Objection by contestant, unless he knows what they thought. 

A. Why, can’t tell what they thought. 

Q. Were they registered in No. 2?—A. I think so. 

Q. They were there on the registration book—they came there to vote, didn’t 
they?—A. Yes. 

Q. They came there in person to vote, did they not?—-A. Yes. 

Q. They claimed that was their voting precinct, did they not?—A. I don’t 
think Mr. Baxter claimed anything, as to him. Mr. Jenkins said, “ Mr. Dolph, 
you know where I live.” 

Q. He claimed that was his ward?—A. Y^es; he claimed. He said, “You 
know where I live.” 

Q. You don’t know to-day but what that is Mr. Echard’s voting place?—A. I 
know he lived over there last summer. 

Q. Mr. Echard came down to vote?—A. Yes. 

Q. He and his wife?—A. Yes. 

Q. And claimed that Statesville No. 2 was their voting place?—A. Yes. 

Q. You let them vote, did you not?—A. Yes. 

Q. Signed those election returns?—A. Yes. 

Q. Ho you know John A. Barkley?—A. Yes. 

Q. Didn’t he and his wife reside in Winston-Salem?—A. Yes. 

Q. Both of them voted in Statesville No. 2?—A. Yes. 

Q. He hadn’t lived here for six months?—A. He has a farm down here. 

Q. He didn’t make his poll-tax returns here?—A. He didn’t make it anywhere 
else. 

Q. John, I believe, is your son?—A. I’^es. 

Q. They voted straight Kepublicau ticket?—A. Yes. 

Redirect examination: 

Q. Is this John A. Barkley your son?—A. Yes. 

Q. The woman referred to is his wife?—A. Y'es. 

Q. Does he own property in this county?—A. Yes; owns little farm. 

Q. Doesn’t he treat this as home?—A. He intends making Iredell County his 
home, and he calls it home all the time. 

Q. Does he list any poll tax here?—A. Yes; he pays no tax anywhere else. 

Q. Pays his poll tax here and his property tax?—A. Well, if you will pardon 
me, I will give you a statement of what he told me this fall. He said, “ I could 
have voted three places this year if I had wanted to.” He said “ I was in 
Raleigh.” He was down there taking vocational training. He was in Raleigh 
at the primary. He came back to Winston the 1st of October, I think it was 
He said, “ I could have registered there when the registration books was open’, 
and I could have voted an absentee vote at home, but I am going to make 
Iredell my home and vote nowhere else.” 

Q. Since he had property here and paid property tax and returned his poll 
tax here, that he was going to make this home and didn’t vote anywhere else’— 
A. No, sir. 


Recross-examination by Mr. Lewis : 

Q. Is that farm that Mr. Barkley owns in ward 2?—A. Yes. 

Q. Mr. Echard pays tax in Iredell County?—A. Yes. 

Q. He claimed this was his home?—A. He claimed he had a right to vote 
here. 

Q. Did your son stay here after the election?—A. No, sir; he is taking 
vocational training now. 

Q. I ask you for the year 1919, whether your son listed poll tax in Iredell 
County?—A. No, sir. 

Q. What time did he conie back from the Army?—A. He was dismissed from 
the hospital the 3d or 4th of October, 1919. 

Q. There was an order made by the county commissioners that no person 
who was discharged from the Army should be liable to the poll tax, isn’t that a 
fact?—A. I so understood. 


CAMPBELL VS. DOUGHTON. 


93 


Q. That is the reason he didn’t make the poll-tax return?—A. No member of 
the Army pays poll tax, and he was still not dismissed from the Army—he was 
drawing his Army pay until October 3, a year ago. 

Q. You know that an order was made that no person in the Army should pay 
poll tax, by order of the board of commissioners?—A. I don’t know it. I heard 
the rumor. I suppose it is true. They wanted to collect poll tax out of John. 
He came to pay his tax for 1919, he said “ Not me.” He said, “ I am still a 
soldier.” When he told him he was a soldier the sheriff said, “ I will see 
about it.” 

Q. It was rebated?—^A. Yes. 

Q. You are arguing now with the attorney on the other side that your son 
claims this place as a residence and resides in another?—A. John is only off 
temporarily, as I see it. I am not a lawyer. Take, for instance, Col. A. D. 
Watts, he votes in Shiloh, does he not—how much has he lived there for the 
last 25 years? 

Q. Those are the only ones you know anything about?—A. That is all I recall. 

Ite-redirect examination: 

Q. In the case af John A. Barkley—you heard him make the declaration that 
he intended to make this his home?—A. Yes. 

Q. In the case of Echard—you never heard he intended to live here?—A. He is 
a good friend. I said, “ Why are you leaving?” He said, “ I can’t turn down the 
proposition they made me in Taylorsville.” 

Q. Didn’t he say anything about he was going to live in Iredell?—A. No, sir. 

Hearings resumed Wednesday morning, February 16, 1921. 

Mr. R. L. CASH, recalled by contestant, testified as follows: 

Direct examination by Mr. Dulin : 

Q. Have you had a conversation with Mrs. Anthony, that lives in Bloomfield, 
since the election?—^A. Yes. 

Q. Did you ask her in that conversation how she voted?—A. I did. 

Q. What did she tell you?—A. Said she didn’t vote. 

Objection by contestee that it was hearsay evidence. 

Q. Did you state to her at that time that an absentee vote had been cast for 
her?—^A. Yes; I did. 

Q. In what precinct does she live?—A. Statesville, No. 4. 

Q. Did you know any of the Scroggs women?—A. I know the whole family— 
the M. J. Scroggs family. 

Q. Do you know the Scroggs lady who voted in the fourth ward who had 
never been a resident of that ward?—A. I do. 

Q. Who?—A. Mrs. Edith Scroggs, wdfe of Ralph Scroggs. 

Q. Had her mother or father ever been a resident of that township ?—A. They 
were residents of Bethany township. This girl married Ralph Scroggs some 
14 or 15 years ago and went to Washington city. 

Q. Do you know whether a Democratic absentee vote was cast for her?—A. I 
know she appeared in the list of absentee voters here in the fourth ward. 

Cro.ss-examination for contestee by Mr. Lewis : 

Q. That is Edith Scroggs, wife of Ralph Scroggs?—A. Yes. 

Q. Mr. Ralph Scroggs lived in Statesville, No. 4, and went to Washington 
city?—A. Yes. 

Q. That is the District of Columbia?—A. Yes. 

Q. Wlien he married Edith M. Scrogg.s, isn’t it a fact that they stayed at his 
fatlier’s for awhile before they went to Washington?—A. Don’t know, might 
have stayed overnight—I really think went immediately to Washington—might 
have been two or three days. 

Q. Ralph Scroggs lived with his father, M. J.?—A. He went to Washington 
two or three years before he married. 

Q. I ask you whether Ralph Scroggs. the husband of Edith M. Scroggs, didn’t 
live with his father?—A. Not for three or four years before his marriage. 

Q. He did until he went to Washington City?—A. Yes. 

Q. You know, as a matter of fact, that a person can not vote in the District 
of (’olumbia?—A. They say not. 

Q. If he votes at all he has to keep his voting residence where he moves from; 
isn’t that a fact? 


94 


CAMPBELL VS. DOUGHTON. 


Contestant objects to any questions and any answers thereto, because they are 
questions of law and not fact, and witness is not presumed to be a lawyer. 

A. I suppose so. 

Q. You can’t swear how any of these parties voted?—A. No; I can’t swear 
how they voted. 

Redirect examination; 

Q. Speaking of the place where a voter may vote, following the line of Mr. 
Lewis, if you know, is it not a fact that in North Carolina a married man’s 
voting residence is where he and his family reside?—A. I think so. 

And that a single man’s voting residence is where he sleeps?—A. I think 
so; yes. 


Mr. A. C. PLYLER, being called by contestant, testified as follows: 

The witness, A. C. Plyler, being called by contestant, and it being made to ap¬ 
pear in open hearing that notice of intention to take his deposition hadn’t been 
served upon the contestee or his counsel, the matter is presented to them in open 
hearing, and is by them, on record, waived. 

Direct examination: 


Q. Where do you live?—A. I live down here 8 miles southeast of Statesville. 

Q. In Chambersburg Township?—A. Yes. 

Q. Were you at Chambersburg voting precinct on election day?—A. Yes. 

Q*. Did you see the Harding picture surrounded by a group of Negroes?—A. 
I did. 

Q. Where was it?—A. Stuck up on the schoolhouse door at Elmw’ood. 

Q. The voting precinct was in the schoolhouse?—A, Yes. 

Q. Did you see anybody put that picture up there?—A. I did. 

Q. Who was it?—A. Will Moore and Quince Warner. 

Q. Do you know their politics?—A. I think I do. 

Q. What is it?—A. Democrat. 

(I. Did you see the picture taken down?—A. I did. 

Q. Who took it down?—A. Fellow named Marsh Poole. 

Q. How close to the voting booth was it?—A. It was on the porch of the build¬ 
ing, and the voting boxes were placed there inside the schoolhouse. 

Q. Small building?—A. Yes. 

Q. About how many feet from the boxes?—A. I suppose the school building 
is something like 40 or 50 feet long, I suppose. 

Q. Did it attract a good deal of attention?—A. Right smart. There was not 
such a large crowd there when it was put up. 

Q. Did you see the people looking at it generally?—A. I saw several looking 
at the picture before it was taken down. 

(}. Did you hear any comment about it?—A. I heard some. 

Q. After it was taken down, what did you hear?—A. I heard one man say 
that there was not any gentleman that- put it'up there. 

Q. Who made that speech, and to whom speaking?—A. Mr. Marsh Poole, 
speaking to Will Moore. 

Objection by contestee. 


Cross-examination for contestee by INIr. Rickett: 


Q. Where do you live?—A. Seven or eight miles southeast of Statesville. 

Q. What is your politics?—A. Republican. 

Q. Did that picture scare you away from the polls?—A. No; I stayed there. 

Q. Did it scare you to the extent that it kept you from voting the Republican 
ticket?—A. No; I voted. 


Q. AVhat was on the picture—picture of President Harding?—A. Yes. 

Q. fihat as a tine picture of I’resident Harding?—A. There was a picture 
of Harding surrounded by a group of colored folks. 

9: Negroes were?—A. I don’t remember what they were. 

i ^ candidates running (ui the Republican ticket in 

the Sfiite of Ohio. A. I don t know. I didn’t read that part of it 

Q. You saw the picture of Mr. Harding, and on the same paper a lot of 

Q. You don’t remember what it said about the Negroes'^—A No 

Q. A^'hether their names were iniblished?—A. No. 

V- pictures of Negroes on the State 

ticket in Ohio? M hat was the general talk?—A. I didn’t hear that* I don’r 
know what the general talk was; I just saw the picture 


CAMPBELL VS. DOUGHTON. 


95 


Q. What did you think the picture meant?—A. Just put up there for the 
people to see, is what I thought it meant. 

(}. You never heard anybody deny that these Negroes were candidates on 
the Republican ticket in the State of Ohio?—A. Yes; I have heard it denied. 

(}. You have heard it denied that they were running on the Republican ticket 
in Ohio?—Heard lot of people. 

Q. Why did they deny it?—A. Because it was not true. 

Q. Have you any information about that—whether or not it is true?—A. Sure 
I have. 

Q. What is your opinioh based on?—A, I don’t think the Republican Party 
would run a Negro on the ticket. 

(}. That looked to you like a Democratic lie that was published?—A. Looked 
to me like it was false somewhere. 

Q. If it turned out to ba the Bible truth that these Negroes were running 
on the Republican ticket in the State of Ohio, you would still vote the Repub¬ 
lican ticket here in the State of North Carolina?—A. No; I would not do it. 

Redirect examination: 

Q. Gov. Bickett has asked you if it was not a fact that these Negroes were 
running, on the Republican ticket for State offices in the State of Ohio. I 
ask you, if you don’t know, as a matter of public information, that all the 
State officials of the State of Ohio elected at the last election were Repub¬ 
licans, and white Republicans, and elected by nearly 400,000 majority over the 
Democratic candidates?—A. I know that. 

Q. Do you know that there was not a single colored man among the men 
elected?—A. I know that. 

Mr. C. W. CRAVEN, being called by contestant, testified as follows: 

Direct examination by Mr. Britt : 

Q. Where do you live?—A. Mooresville. 

Q. Are you a voter in Mooresville precinct?—A. Yes. 

Q. As such did you vote there at the election on November 2?—A. Yes. 

Q. Plow long have you lived in Mooresville?—A. About six years. 

Q. I show you a purported circular entitled as a heading and subheading, 
“ The right of the American people to know Harding’s family tree ” and ask 
you to examine it and the notation made on it in penciling a state for the record 
whether you ever saw it before; and if so, where and under what circum¬ 
stances?—A. Yes; I bought it from Mr. jMcKnight. 

Q. What McKnight?—A. I.ocke McKnight. 

Q. Where does Mr. Locke McKnight live?—A. Mooresville. 

Q. What business does he follow there?—A. Automobile. 

Q. Automobile selling?—A. Yes. It was put on the window and there was a 
large crowd there looking at it. 

Q. Was it attached to the window?—A. On the inside. 

Q. Inside of the front window?—A. Yes. 

Q. About when was this?—A. It was about 7 o’clock when I saw it. 

Q. Remember the date?—x\. Day before the election. 

Q. Seven o’clock in the evening or in the morning?—A. In the evening. 

Q. You say there was a large crowd examining it when you saw it?—A. Yes. 

Q. Were they discussing it?—A. Yes; they were reading it. 

Q. Were they commenting upon it and talking about it?—A. Yes. They were 
talking about it a good deal; large crowd. 

Q. Among the things said, do you remember anything that was said about 
it?—A. Several of them said it was so—I don’t know. 

Q. Do you remember the names of any of them that said it was so? 

Objection by contestee. 

A. Mr. Miller said it was so or it would not have been put up. 

Q. Was he one of the party friends of Doughton or Campbell?—A. He was a 
Democrat. I reckon. 

il What else was said about it?—A. Mr. George Morrow- 

Q. Who is Mr. George Morrow?—A. He lives there in Mooresville. He is a 
lawyer, I reckon. 

Q. Democrat or Republican?—A. I don t know that. 

(J. What did Mr. Morrow say about it?—A. He said it was so or it would not 
have been publisluHl. He said there was affidavits to it. 

Q. r>o you recall the name of any other person or persons who made like 
comments on it?—A. No; I don’t. There were several of them, but I don’t 



96 


CAMPBELL VS. DOUGHTON. 




know all the names. There was 25, I expect, or more—there was a large crowd 
there. 

Q. Yon are acquainted with the way voters get their information on the 
public issues of the day and as to the character of the candidates, are you 

not?—A. Y'^es. _ , . . 

Q. You know that one of the ways in which they get their information is 
from speeches from the public stand?—A. Yes. 

Q. Another way is by the newspapers; that is one of the ways they get their 
information?—A. Yes. 

Q. Is another way by circulars and posters? Is that one of the ways in 
which they get their information?—A. Yes; I guess it is. 

Q. And another way in which they get their information is by conversing 
one with another, discussing the issues; is that true?—A. Y>s. 

Q. Do you know, as a voter and as a citizen, that men are influenced to a 
greater or less degree by the campaign literature which they read, do you not?— 
A. Yes. 

Q. From such general knowledge and from your knowledge of human nature 
would you not say that a false statement as to the lineage of a candidate for 
the Presidency of "the United States would strongly tend to prejudice the people 
against his candidacy?—A. Y"es. 

Q. Would that not be the probable effect in the ordinary course of affairs?— 
A. Yes. 

Q. Tell me further where you saw this and how you came in possession of 
it. Did you see it posted anywhere else?—A. No, sir; that is the first one 
I saw. 

Q. You saw it, as you have said, in the business place of an automobile 
seller?—A. No; it was in the old Miller-White Drug Co. place. 

, Q. In the drug store?—^A. Yes. 

Q. On the inside of the window?—A. On the inside of the plate-glass front. 

Q. So the connection of the automobile seller that you say was that the 
automobile seller got it from the drug store for you?—A. He came up there 
and wanted to know what such excitement was, and we told him, and I told 
him I would just give $5 if I had it, and he just said to me, “ I Will get it for 
you for $5.” And I told him if he would get it I would give him $5 for it. He 
went in there, and they luul done took it down and took it to the back. 

Q, And took it back in the back end of the store?—A. Yes. 

Q. Was it there when this man got hold of it?—A. He went back there and 
got it. I was in the drug store—met him about middleways of the drug store— 
and he started to hand it to me, and I told him to give it to me and I would 
give him his money. I gave him $10 and told him to give me the $5 back, 
and he done it. 

Q. You swear this is the identical circular?—A. Yes; same one. 

Q. You say that was the day before the election?—A. The evening before the 
election, about 7 o’clock. 

Contestant offers the printed paper shown to the witness, identified by him, 
and concerning which he has testified, and asks that it be copied in the record, 
with the exception of the pencil notations made on it by the witness, which are 
superfiuous. 

Contestee objects to the introduction of this paper'or of any evidence tending 
to reflect on the blocxl or lineage of the President elect of the United States. 
This objection is upon the ground that it has nowhere been shown that the 
contestee, R. L. Doughton, or any manager of his, or any representative of tlie 
Democratic management in North Carolina had anything to do with or any con¬ 
nection with the origin or distribution or publication of this slanderous paper. 
Tlie contestee further objects upon the ground that no responsible person in 
tlie State of North Carolina has ever given publicity to this slander against 
Mr. Harding; and thg contestee insists that to make .an anonymous circular 
containing a slander against the blood and lineage of the President elect of 
the United States a public record, to go down in the history of the Congress 
of the United States, is a gross injustice and an unjustifiabl'e indignity to the 
Pi’esident elect of the United States. 

To the foregoing objection on the part of the contestee by his counsel the 
contestant, James I. Campbell, by liis counsel, rejoins that the printed paper 
offered in evidence by the contestant and identified by the witness now on the 
stand is competent, relevant, and material, as having' been proved to be circu¬ 
lated and exposed to public gaze by the members of the party to which the 


CAMPBELL VS. DOUGHTON. 


97 


contestee belongs in an open, public place in Mooresville precinct, in the county 
of Ireclell, in the eighth congressional district of North Carolina, and, further¬ 
more, for the reason that the said circular is understood, as a matter of public in¬ 
formation, to have had its origin and its original publication as a part of the 
campaign literature of the presidential campaign of 1920, although counsel for 
contestant makes no allegation whatever that the contestee himself at any 
time either published such circular or knowingly gave cognizance to such pub¬ 
lication, as he, counsel for the contestant, has no such information in his 
possession. 


Exhibit C. 

THE RIGHT OF THE AMERICAN PEOPLE TO KNOW HARDING’S FAMILY TREE. • 

Amos Harding (black), West Indian Negro; wife, Huldah Tryon (colored). 
Issue, George Tryon Harding, 1st (mullato) ; wifb, Ann Roberts (colored). 
Issue, Charles A. Harding (colored) ; wife, Mary Ann Crawford (pass for 
white). Issue, George Tryon Harding, 2d; wife, Phoebe Dickerson (white). 

This marriage was objected to by the brother of Phoebe Dickerson for the 
reason that George Tryon Harding, 2d (the father of Warren G. Harding), 
had Negro blood. 

The above is verified by Elias Sbaffer, 804 HoHaway Street, Akron, Ohio, 
who has known Mr. Harding for 50 years. He went to school with Dr. George 
Tryon Harding, 2d (father of Warren G. Harding) ; knew his father, Charles 
Harding, and Charles Harding’s two brothers, who were uncles of George T. 
Harding, 2d (father of Warren G. Harding), and says that they had the color, 
features, and hair of Negroes, and were so considered and accepted in tjie 
community. Mr. Shaffer is 73 years of age, a member of the Grand Army post 
at Marion, and a Republican in politics. . 

Issue, Warren Gamaliel Harding (colored) ; wife, Florence Kling (white). 

This marriage wms objected to by the father-in-law, Mr. Amos H. Kling, of 
Marion, Ohio, a prominent Republican and one of the wealthiest men in Marion, 
who spoke out publicly and openly denouncing this marriage, and said his 
daughter had disgraced herself and family by marrying a man who had Negro 
blood in his veins. This statement can be verified by a hundred people in 
Marion, Ohio. 

Senator Harding has not publicly or privately denied the statement. All 
denials have been made by unofficial announcements. 

Sister of Warren G. Harding, Mrs. Carrie Harding Votaw, Washington, D. C., 
formerly, in 1908, under Roosevelt, taught in colored schools; was also mis¬ 
sionary in Murmah. Authority, Prof. William E. Chancellor, Wooster Uni¬ 
versity, Wooster, Ohio. 

AFFIDAVIT. 


State of Ohio, County of Marion. 

George W. Cooks, being first duly sworn, says that he is now 63 years of age, 
and that he has lived in the city of Marion, Marion County, Ohio, for 30 years; 
that he was formerly treasurer of Marion County; and that he is now engaged 
in the manufacturing business in said city. 

He further says that during that time it has repeatedly been reported and 
often stated that the family and ancestry of Warren G. Harding were of 
colored blood, and that this report and statement, though repeatedly made and 
talked of, has never been denied, either publicly or privately, to his knowledge. 

He further says that Amos H. Kling, who was the father of the present Mrs. 
Warren G. Harding, publicly on the streets of Marion at the time of his 
daughter’s marriage to Warren G. Harding, declared in the presence of a 
great many people and in the presence and hearing of the affiant, that Warren 
G. Harding is a Negro. 

He further says that he has personally heard Mr. Kling publicly make the 
statement addressed to Bartholomew Tristram, that he, Kling, wanted nothing 
further to do with Tristram after Tristram witnessed the marriage of his 
daughter to a Negro. Affiant says Kling’s daughter married Warren G. Harding, 
and "this is the marriage Kling referred to. , ,, , t • i 

Mr Cooks further says that he has talked with and heard Montgomery Lind¬ 
say make the statement in the presence of several people that he, Lindsay, 

57695—21-7 



98 


CAMPBELL VS. DOUGHTON. 


knew the Harding family for over 80 years, and that he, Lindsay, knew the 
father and uncles of George Tryon Harding and that they were colored men. 

George W. Cooks. 


Witnesses: 

Mrs. Harry Zachman. 
Mrs. Geo. Fies. 


Sworn to before me and subscribed in my presence, this 13th day of October, 


A. D. 1920. 


Homer E. Johnson, 

Notary Public in and for Marion County, Ohio. 


AFFIDAVIT. 


State of Ohio, Summit County. 

Elias Shaifer, being first duly sworn, says that he lives at 804 Halloway 
Street, Akron, Ohio, and that he is now 73 years of age; that he has been a 
carpenter and patternmaker most of his life and he is now retireil; that in 
politics he has always been a Republican. He further says that he was born 
near Blooming Grove, Morrow County, Ohio, and lived near there for most of 
his life. He further says that he has known the family of Warren G. Harding 
and the family of his father, George Tryon Harding, for more than 50 years; 
that he first met and became acquainted with the Hardings when he was a 
young man, and at that time his father moved from Bellville to a farm south 
of Blooming Grove, Ohio. 

He further says that he went to school with George Tryon Harding, the 
father of Warren G. Harding, at the school at Bellville, Richland County, 
Ohio. He says that he knew Charles Mordicah Harding, the father of George 
Tryon Harding and grandfather of Warren G. Harding, and he also knew 
Perry Harding and Ebicanesser Harding, tlie two uncles of George Tryon 
Harding, and saw all of these three Hardings, Charles, Perry, and Ebicanesser, 
very often, and that these three men, the father of George Tryon Harding and 
his two uncles, were men of colored Negro blood and that they were dark 
skinned and had the features and hair of a Negro and that they looked very 
much like men of the Negro race. 

He further says that he knew the sisters of George Tryon Harding, who were 
the aunts of Warren G. Harding, and that one of them was very darlv in color, 
more so than the rest, and that she taught school at Halfacre, which was about 
2 miles from Blooming Grove. He further says it was common talk and the 
accepted and stated belief of all the people living near the Hardings that they, 
the Hardings, were of the Negro race, and that none of the Hardings ever 
denied it. He further says that he has always believed and still believes that 
the family of Warren G. Harding were of Negro blood. He further says 
Phoebe Harding, an aunt of Warren G. Harding, was decidedly of Negro ap¬ 
pearance. 

He further says that he, Shaffer, worked with a Mr. Dickerson, a brother- 
in-law of George Tryon Harding, in the building of the Blooming Grove Church, 
Dickerson a mason and Shaffer as a carpenter, and that at that time Dickerson 
talked to Shaffer about his sister. Miss Dickerson, marrying George Tryon 
Harding, the father of Warren G. Harding, and that he, Dickerson, was op¬ 
posed to such marriage and objected to it because George Tryon Harding was 
a descendant of a Negro and had colored blood in his veins. He further says 
that the father of George Tryon Harding married a iNIiss Crawford. 

He further says that he, Sliaffer, is a member of the Carpenters’ Union, No. 
112, and that he is a member of the Marion, Ohio, Post of the G. A. R. 

Elias Shaffer. 

Witnesses: 

Frank G. IVIorrison. 

'.John A. Botzam. 

Signed and sworn to before me this 10[th day of October, 1920. 

[SEAL.J John A. Botzam, 

Notary Public, Summit County, Ohio. 

Q. State whether you saw' another similar circular?—A. No, sir; I didn’t see 
any other. 

Q. State whether you saw the so-called Harding picture between the alleged 
colored candidates?—A. No, sir; I didn’t see that. 



CAMPBELL VS. DOUGHTON. 


99 


Cross-examination by Mr. Long: 

Q. In regard to this circular, do you know where it came from?—A. Jim 
Almon brought it to Mooresville. 

Q. Do you know where he got it?.—A. No, sir. 

Q. Wlien you first saw it, I understand you to say it was in the window of 
some business concern?—A. Miller-White Drug Co. 

Q. You don’t know who put it there, do you?—A. Graham Cornelius said he 
put it up. 

Q. Did you see another of a similar circular in Mooresville?—A. No, sir. 

Q. Where did you get it?—A. From Mr. Locke McKnight. 

Q. How did you get it?—A. I bought it. 

Q. What did you pay him for it?—A. $5. 

Q. So they were so scarce there they were selling at $5 apiece and you paid 
.$5 in money for this circular?—A. That is the only one I saw, I wanted it and 
I got it. 

Q. Why did you buy it?—A. I just bought it to get it off of the window. I 
wanted it. 

Q. What do you understand by the lineage of the candidate for the presi¬ 
dency, Mr. Flarding?—A, I don’t know. I just don’t think he is a Negro—I 
don’t think it is so. 

Q. You wanted to investigate this paper; was that it?—A. When I bought it 
I didn’t have any idea of investigating it. 

Q. Did you circulate this paper?—A. No, sir. 

Q. What does the lineage, as referred to in this paper, mean?—A. It means 
a whole lot if it is so. ^ 

Q. In what particular; in what way; what do you understand by lineage, 
referred to in this circular?—A. If that paper should be so, it says he is part 
Negro all right. 

Q. Did you circulate this paper?—A. No. 

Q. Did you show it to anybody?—A. Those people all around there saw it—I 
didn’t buy it to circulate it. 

Q. Tbe people who were there had seen the paper?—A. Yes. 

Q. After you bought it did you show it to anybody else besides those that 
were there i)resent?—A. Several asked me to see it. 

Q. You showed it to them?—A. Yes. 

Q. And discussed it with them?—A. Yes. 

Q. Who was it that you showed this paper to and discussed it with?—A. 
Whole lot of them saw it—asked me to see it, and I let them read it . 

Q. After you took it out of the window you kept it on exposition?—A. No; I 
took it home and put it in my trunk. 

Q. When those people asked you to see it you showed it to them?—A. They 
knew I had it that night—several asked me to see it after it come off the window. 

Q. People belonging to all parties asked you to see it?—A. I don’t know what 
party they belonged to. 

Q. You showed it to them?—A. Yes; them that didn’t see it when it was up 
on the window. 

Q. Those that hadn’t seen it you showed and exhibited it to them?—A. On 
until I took it home and put it up. 

Q. On until you went home you showed it to whoever asked you about it?—A. 
If a man came up and asked me to see it, I showed it to him. 

Q. Did anybody ask you to see it?—A. Yes. 

Q. Did you show it to them?—A. Yes. 

Q. After you saw this paper and examined it, how did you vote?—A. I voted 
the Republican ticket. 

Q. Were you going to vote that way when you saw this paper?—A. Yes. 

Q. It didn’t change your voting idea or intention?—A. It didn’t change mine. 
It was put up in the intention of changing some. 

Q. Do you know anybody that voted the Democratic ticket by reason of seeing 
this paper?—A. I didn’t run around and ask them. 

Q. You don’t know anybody that it changed?—A. I didn’t inquire around to 

Q. Do you know of a single man who changed his politics on account of the 
exhibition of this paper?—A. I didn’t ask anybody. 

Q. Can’t you answer this one question: Do you know anygxxW?-A. No; I 

Do you know where this paper originated and who is responsible for it?— 
A. I don’t know who printed it. 


100 


CAMPBELL VS. DOUGHTON. 


Q. I believe you do say that this was the only circular of this character that 
vou saw?—A. That is the only one that I saw. ^ 

Q. Did you hear of anybody else in your community having one like it ! A. 
They said there were some others; I never saw any but that one. 

Q. What precinct did you vote in?—A. No. 1. 

Q. No. 1, Mooresville? I ask you if you didn’t have a full, large turnout of 
Republican votes in that precinct?—A. No; I never turned out anybody. 

Q. I .iust asked you if there was not a large turn out appearing at the polls of 
Republican voters and that they voted the Republican ticket on election day? 

A. Yes; they voted the Republican ticket; all those that was Republicans. 

Q. You had a fine, large, good vote; good turnout of Republican voters 
coming out *10 the polls?—A. I was not there all day. 

Q. I ask you this question: If practically all the Republicans who were quali¬ 
fied to vote"” in that precinct didn’t go out to vote on election day?—A. I don’t 
know whether they all voted. 

Q. You had a heavy vote?—A. There was Republicans voted all right; all 
that they wanted to. 

Q. Do you know one single Republican, or anybody else, that stayed away 
from the polls—didn’t vote, by reason of the circulation of this circular?—A. I 
didn’t inquire around. 

Q. Did you hear of any?—A. Didn’t hear of any. 

Redirect examination by Mr. Britt : 

Q. Who do you say brought this circular into the community?—A. Jim Alman. 

Q. Is he a Democrat?—A. Yes. 

Q. Who did you say had it up in his drug store?—A. It was in the Miller- 
White old stand. 

Q. Do you know anybody in that drug store who owns or stays in there?—A. 
Mr. Newsom, and I don’t know whether Mr. Miller is in it now or not, and Joe 
Freeze. 

Q. What is their politics?—A. Democrat. 

• Q. You say you found it there on the inside of the show window on the day 
before the election?—A. With a large crowd in front of it. 

Q. You bought it on that day?—A. Yes. 

Q. And you took it home with you and put it in your trunk?—A. Yes. 

Q. Never had it out from that time?—A. No, sir; never had it out at all. 

Q. The only way in which you distributed it at all was that you took it down 
from a place where it was publicly exposed and a large crowd looking at it and 
took it privately to your home and put it in a trunk?—A. Y^'es. 

Q. What I mean by my question that you didn’t show it; didn’t show it to any 
more people before the election, after you took it home and put it in your 
trunk?—A. I never showed it to anybody. Uncle Bob Templeton asked me to 
see it after the election and I didn’t take it out of my trunk to show it to him. 

Q. You have stated that so far as you know, the effect of this circular didn’t 
change any votes. I ask you if the effects of such a false circular would 
not be to bring the President of the United States into discredit and contempt 
among the people? Would that not be the tendency of the effect of it?—A. 
Y"es; that is what the intention was—that is what it was put up for. 

Q. It is your understanding that it did have that effect?—A. Yes; it would 
with some. 

Q. It would with such as were disposed to believe it?—A. Y’^es. 

Recross-examination by Mr. Long: 

Q. I understand you say it would have the effect to change people’s vote?— 
A. Some. 

Q. How do you know it would have some effect in that particular when you 
don’t know that anybody’s vote was changed?—A. I didn’t ask anybody. 

Q. Didn’t you swear repeatedly awhile ago that you didn’t know a single 
man who changed his politics on account of this circular?—A. That was the 
intention when it was put up. 

Q. I am asking you about the consequences.—A. If I were a Democrat and 
put up one, that is what I would put it up for. 

Q. You told Mr. Britt, a moment ago, that it would have some effect?—A. 
It would on some. 

Q. Now, I ask you if this ciriular was not taken down from the window, 
where you say it was posted, and taken back in the store before vou bought 
it?—A. They took it down and took it back in the store, and I disked Mr. 
McKnight—I told him I would give $5 for it. Then, they took it down, and 



CAMPBELL VS. DOUGHTON. 


101 


he said: “ I will get it for you for $5,” and I said; “ You get the same one 
that was on the window and I will give you $5 for it.” 

Re-redirect examination: 

Q. But it was not taken down and taken to the rear until after this large 
crowd you speak of had seen it?—A. They saw it was causing a large crowd 
around there and Mr. Cornelius took it down. x 

Q. In conseq^uence of the fact that a large crowd had gathered and were 
discussing it?—A. Yes. 

Q. I ask you if there were not expressions of anger and resentment and 
some probability of a row resulting from it?—A. There was right smart raucus 
around there from one and another. 

Q. Some indications of a row likely to come on?—A. Yes; some of them 
called the police—I don’t know who it was. 

Q. It did produce a good deal of disturbance or commotion there?—A. Yes. 
Re-recross-examination: 

Q. Who brought this circular to Mooresville?—A. Mr. Jim Alman. He said 
himself he brought it—told me he brought it. 

Q. Had you heard about this circular before you saw it in the window?—A. 
No. 

Q. That was the first you saw of it?—A. First I saw evening before the 
election. 

Q. Did anybody suggest to you to buy that circular?—A. No, sir. 

Q. You bought that on your own motion?—A. Yes. 

Mr. R. M. BRAWLEY, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?— A. In Mooresville. 

Q. Are you a voter in Mooresville precinct?—A. Yes. 

Q. How long have you lived in Mooresville?—A. Thirty-nine years. I was 
raised there. 

Q. You are very well acquainted about Mooresville?—A. Yes, fairly well; lots 
of people there I don’t know. 

Q. State whether or not you voted there on November 2 at the general elec¬ 
tion.—A. Yes. 

Q. For whom did you vote?—A. I voted the straight Republican ticket. 

Q. You are a Republican in politics?—A. Y’^es. 

Q. How much of the day did you occupy on the election ground of the pre¬ 
cinct or about there?—A. Pretty much all day, from about 9 o’clock on up, 
except about an hour and a half I was out—noon. 

Q. What do you follow?—A. Contractor, carpenter, and builder. 

Q. Were you about Mooresville immediately before the election?—^A. Yes. 

Q. Did you ever see any circular or hear of being circulated the so-called 
Harding family tree which has been put in the record here through the witness, 
Mr. Craven?—A. I stopped there that night when it was on the window. 

(Objection by contestee to any or all evidence here now or any time during 
the investigation about this matter.) 

A. I heard some cussing over there and swearing around there in general. 

Q. What did you afterwards ascertain that they were cussing and swearing 
in general about?—A. Tliis was what it was about; it was this here paper, and 
they ordered it to be taken down off the window. 

Q. How was it posted?—A. Turned up against the window, on the inside of 
the window. 

Q. With the print facing out?—A. Yes. 

Q. It was legible or readable from the outside?—A. Yes. 

Q. Were those men reading it?—A. Lots of them. 

Q. They were discussing it?—A. Yes. 

Q. Angrily?—A. That much anger there they called the cop up there. 

Q. They called the policeman?—A. Yes. 

Q. Did he come up?—A. Yes. He was there about the time that it come, 
down; I suppose he was the one had it taken down. 

Q. To the best of your belief, from the size of the crowd, about how many 
men were there?—A. Fully half as many as there are up here. 

Q. Let’s see if we can get that in numbers. What would you say is the 
number of men in this room now?—A. One hundred and twenty-five. 


102 


CAMPBELL VS. DOUGHTON. 


Q. You think there was as many as 60 or 75?—A. Yes; from the ground they- 
covered, standing pretty close to the window, more than the sidewalk would 
hold—they were backed out in the street. 

Q. You knew many of the men, didn’t you?—A. I knew quite a few of them. 

Q. Among them were the friends of Mr. Dough ton and Mr. Campbell?—A. I 
don’t know about that. 

Q. How long after you got there did the circular remain up?—A. Not very 
long; don’t think over live minutes, if that long. 

Q. It is your understanding that it was taken down under tHe direction of 
or on the request of the policeman?—A. No, sir; I don’t know what caused it 
to come down. He come up about the time it come down; I saw him there. 

Q. You did hear swearing and cursing?—A. -. 

Q. You are a man 39 years old, I believe; do you know what is meant by the 
ordinary term, “ riot ” or “ mob ” ?—A. I think I do. 

Q. Or general fuss or fight among men—do you believe, from what you saw 
and heard there, that this circular came near bringing on a general fuss, row, 
and fight among those men?—A. I think there would certainly have been one if 
it hadn’t went down, and went down quick. 

Q. You think the appearance of the policeman caused the removal of the cir¬ 
cular?—A. Either the cop or people in the street. I don’t know who took it 
down; it went down about the time he arrived there. 

Q. Have you any knowledge of a similar circular?—A. I think there must 
have been five or six* around the place next day. Could see a man standing off 
reading it to a group nearly every way I could look. 

Q. You saw five or six?—A. I saw three. 

Q. You saw three with certainty?—A. Yes; I read one the next day—didn’t 
read it that night; could not get up to the window. 

Q. Where did you get it?—A. I think I got it from Kannett, superintendent 
of the cotton mill down there; I think he is the man that handed it to me, if I 
am not mistaken. 

Q. Did you know Mr. Kannett?—A. Yes. 

Q. What is his politics?—A. I think he is a Democrat. 

Q. Did you see anybody handing them out or passing them from one to an¬ 
other?—A. No; usually take them around and call a man off and read it to him; 
that is the way that it was done that day. If you wanted to see one, have to go 
and get a man to read it—all silently, none read out. 

Q. You did read one yourself?—A. Yes; I gave it back to Jim Alman—he 
claimed he brought it there. 

Q. Does he claim to have brought it there?—A. Yes; he said he did. 

Q. He seemed to be rather proud of the distribution of this document?—A. 
He didn’t seem to be a bit ashamed of it. He wanted to bet with me that it 
was so; he would bet $100 it was so. I said I would not bet $100, but would 
pay for a telegram to the mayor in Ohio to find out if it was so. 

Q. This man Alman was making a general display of this?—A. He said he 
was the man that brought it there. I asked him where he brought it from. He 
said, “ Wilkesboro;” and I said, “Oh, well, you are likely to bring anything 
from there.” 

Q. He was talking about it and claiming that its representations were true; 
is that right?—A. Yes; that is right. 

Q. Is it not true that to the best of your knowledge, information, and belief 
this circular was generally quietly distributed there on that day?—A. It was 
quietly passed from one to another. 

Q. You are familiar with the way men obtain their information in forming 
their opinions in national campaigns?—^A. Yes. 

Q. You know that one of the ways is by speeches from the public rostrum?— 
A. Yes. 

Q. And another way is by the public press?—A. Yes. 

Q. And another way is by the distribution of circulars and posters and other 
similar forms?—A. Yes. 

Q. And through that means the people get the greater or less part of the 
Information from which they make up their minds on the issues of the day?— 
A. Yes. 

Q. I ask you if, as a citizen and a voter, the tendency of the effect of such a 
circular would not be to prejudice voters against the Republican candidate for 
the Presidency and those on his ticket and thereby cause him to lose voters at 
the polls?—A. That is my judgment. 

Q. I ask you if it would not furthermore be the tendency of the effect of such 
circular to bring the candidate of the Republican Party, or the President of the 




CAMPBELL VS. DOUGHTON. 103 

United States, if he should be elected President, into contempt and ridicule 
among the people?—A. Yes. 

Q. Is there any other fact or matter of which you have knowledge concerning 
the distribution of this or like literature? If so, state it for the benefit of the 
record.—A. I don’t know that I know anything more about it, only know it 
was used there that day. Tliere was general talk among the people, “ If you 
are for the Negro, vote for him that was the way the talk w^as all day long. 

Q. You didn’t make any distribution of that circular?—A. As soon as I got 
through with it I said, “ That is a lie.” 

Cross-examination by Mr. Long: 

Q. I understood you to say that when you were informed that this circular 
emanated from Wilkes County that you were not surprised at anything that 
come out of Wilkes?—A. That is so. 

Q. Is not the great county of AVilkes the greatest Republican stronghold in 
the State?—A. AVhat I meant by that was that he brought whisky with him. 
I was not thinking about the Republican people or anything like that. He was 
up there before the day of election. I don’t know anything more about AATlkes 
being a Repuhlica‘n County than I do about the liquor. 

Q. You don’t like anything that comes out of Wilkes?—A. Yes; I like that 
brandy they had pretty well. 

Q. I understood you to tell Mr. Britt that you thought the handling of this 
circular at the election we had and talked about and discussed with indi¬ 
vidual parties would have the effect and tendency to bring the President elect 
of the United States into disrepute and disgrace; that is what I understood you 
to tell him.—A. I think that would have that effect. 

Q. I want to ask you which you think would have a greater tendency to 
bring the I’resident elect of the United States into disrepute or disgrace, the 
handling by individual parties on an occasion like that or the full development 
of that fact in this public forum here to-day, where it is likely to give rtie 
United States and the entire State and country an opportunity to publish all 
this and to place all this evidence in the congressional records of the United 
States for all times to come? Which do you think would give the greater pub¬ 
licity to this alleged circulation of this circular or talking about it by indi¬ 
vidual parties at the precinct on the day of election, or the public discussion and 
development of it here to-day in this hearing, to give the newspapers an op¬ 
portunity to publish it to the world and to carry all this information and place 
it in the congressional records of the United States to he discussed there?—A. 
It seems like it is spreading worse than it was that day. 

Q. Who is doing that spreading?—A. Looks like we are all at it to-day. 

Q. You are testifying about it?—A. I was asked since I came up here. 

Q. Who brought you up here?—A. The sheriff summoned me up here. 

Q. Who discussed it with you before you went on the stand?—A. No one 
at all. 

Q. Who are you a witness for; are you a witness for Doughton or Campbell?— 
A. No, sir; I can’t tell you. The sheriff summoned me and told me to come up 
here to-day. 

Q. Who put you on the stand and first examined you about this matter?—A. 
That gentleman there [indicating]. 

Q. Mr. Britt?—A. Yes. 

Q. You know the fact that he is counsel for Dr. Campbell, the contestant in 
this case?—A. I am learning it now. 

Q. You will swear that he brought you up here and made you publish this 
matter?—A. I don’t feel that I have done anything wrong about it—I am sorry 
I had to come up here to-day. 

Q. You think you are doing an injustice to the President of the United States 
elect in helping to disseminate this matter and publish it?—A. I hope I am not 
doing him any injustice. 

Q. Don’t you think that these gentlemen that are causing you to do this are 
doing him an injustice?—A. No; I don’t think so. 

Q Do you think this ought to be further published to this country or let it 

^je?_A. If you are not going to let it die I think the one that started it ought 

to be hunted out if possible. 

Q. Those who circulated it are helping to give it more publicity, whoever they 

are?_A. No, sir; I don’t think the one that circulated and was so proud to 

circulate it there that day are not having anything to do with it now. 


104 


CAMPBELL VS. DOUGHTON. 


Q. You told the counsel that you thought the tendency of this circular would 
be to influence the minds of prospective voters at the election ; that is about what 
you said?—A. Yes; that was my judgment. 

Q. What precinct did you vote in?—A. No. 1 at Mooresville. 

Q. That is where you saw it circulated on election day?—A. I saw it at both 
places. 

Q, That is first and second precincts of Coddle Creek?—A. Yes.- 

Q. I ask you if you know of a single voter at the general election last No¬ 
vember who changed his politics and cast his vote different from what he 
would have done on account of the alleged publication of this circular?—A. I 
don’t. I don’t know how many. One man voted 10. 

Q. You know, as a matter of general knowledge, that there was the largest 
Republican vote cast in No. 1 and 2 precincts of Mooresville on last election day 
that ever had been cast there?—A. I think I heard that. 

Q. Wasn’t there a big vote by the manhood of these precincts, not only the 
womanhood, but the manhood?—A. I don’t know about that. 

Redirect examination: 

Q. Counsel for the contestee, in expressing their solicitude about the effect 
of this circular, asked you if you didn’t think that what is occurring here to-day 
is the dissemination of something to bring into disrepute the President. I ask 
this question, Had it not been for the original circulation of this poster by 
a Democrat and supporter of Mr. Doughton, who brought it into your com¬ 
munity, and by others of his fellow partisans, who circulated it on the next day, 
if it hadn’t been for their bringing it there and circulating it, you would not 
have been here to-day?—A. No, sir; and would not have been at the polls all 
day, either. 

Q. So you don’t think that the effect of using this testimony in a civil issue 
drawn between Mr. Campbell and Mr. Doughton has the same effect, or the same 
evil tendency as it had for men to bring it into your community for the purpose 
of wrongfully influencing men and circulating a falsehood about the President of 
the United States?—A. No, sir; I don’t think it is doing the harm to-day as it 
did that day to the individual. 

Q. You would not be here to testify to-day if it hadn’t been for that?—A. 
Yes. 

Recross-examination: 

Q. Did I understand you to say that after you saw this circular being talked 
about at the polls you worked harder and would not have been there?—A. It 
caused so much raucusing around and so much fun that I stayed there the bal¬ 
ance of the day. 

Q. And worked for the Republican nominees?—A. I don’t know whether I 
worked for them or not. 

Q. Did you try to get people to vote the Republican ticket?—A. No, sir. 

Q. Did you vote the Republican ticket?—A. Yes. 

Q. I ask you if you know of a single man who didn’t vote for Dr. Campbell, 
the Republican nominee, on account of the circular there that day?—A. No; I 
don’t know how a single man or woman voted there that day. 

Re-redirect examination; 

Q. You say you were induced to stay there that day on account of the row 

raised by this circular?—A. Yes; and curiosity, I stayed there on. 

Re-recross-examination: 

Q. Had you ever discussed this matter before to-day at any time with any¬ 
body?—A. None except there that day. I don’t have any recollection of men¬ 
tioning it to anybody since that day, except saying, “ If he had been a whole 
Negro, how much would he have got?” 

Q. That helped Mr. Harding, don’t you think?—A. It helped me get the laugh 
on the men that would be mean enough to get it out on a man. 

Q. You think it helped his ticket?—A. I thought if I had been a Democrat, I 

would vote the Republican ticket—I don’t believe I would want any bunch that 
would have anything to do with anything of that kind. 

Q. So if it had any effect at all, it would help the Republican candidate—A 
There is a difference in a man and woman about anvthing like that you see 

Q. You think it might have had the opposite effect on the womenA I don’t 
think any woman would vote for a man if she thought he had any Negro in him 


CAMPBELL VS. DOUGHTON. 


105 


Re-redirect examination: 

Q. When you say that if you had been a Democrat after the circular so dis¬ 
tributed, you would have voted a Republican ticket, you mean you would have 
done it because of the injustice intended by this circular?—A. Yes; that is way 
I felt about it. 

Mr. J. B. ROBBINS, called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. In Mooresville. 

Q. How long have you lived in Mooresville?—A. About 10 years. 

Q. Where are you a voter?—A. No. 1, Coddle Creek Township. 

Q. State whether you ever saw posted the alleged family tree circular which 
has been exposed to view here.—A. I never saw it posted, not in town, but very 
little. 

Q. State whether you ever saw it passed from hand to hand.—A. I saw a 
paper looked very much like that passed around on the day of election, right at 
the steps where you go in to vote. I was placed there to handle the tickets for 
the Republican Party. I saw groups of men have the paper—I didn’t read one. 
I saw a paper that looked similar to that passed around among the people at the 
entrance to where they voted; I never read one. 

Q. How many do yon think you saw like this?—A. I could not tell you, if I 
saw more than one, I don’t have any recollection, because I was busy, right 
on the job all day. 

Q. Did you hear any discussion of it?—A. Well, not right with me. Of 
course, men were jowering out to one side—I didn’t pay any attention to it. I 
was distributing the tickets; I was put there for that business. 

Q. You didn’t see it posted on the evening before?—A. No, sir; I did not. I 
was out of town day before the election. 

Q. You were familiar with the ways in which voters get their information 
on the issues of the day in a campaign, were you not?—A. Yes. 

Q. Both in the presidential and congressional campaign?—A. Yes. 

Q. I ask you if, in your judgment, the circulation of such a false circular, as 
that which the circular described is, among the voters would not have a tend¬ 
ency to prejudice, set voters against the candidate and other candidates on the 
ticket of the party to which he belonged?— A. I should think so. 

Q. I ask you if, whether it did change their votes, or not, it would not have 
a tendency to bring the candidate of the Republican Party and the President of 
the United States, should he be elected, into contempt and ridicule?—A. It 
seems so to me. I think so. 

Q. Have you any other knowledge of the distribution of this or like literature 
among the voters of your precinct?—A. I haven’t. 

Cross-examination by Mr. Long: 

Q. You live in No. 1 precinct?—A. Yes. 

Q. I understood you to say you had one of these circulars?—A. I saw one 
that looked similar. I was busy. I never took it into my hands. 

Q. Do you know it was this paper, or one like it?—A. No; I don’t; haven’t 
read it. 

Q. You saw a paper aVoiind in the crowd?—A. Yes. 

Q. You have attended elections, often?—A. Yes. 

Q. And you have often seen literature circulated by all parties and people 
around the polls?—A. Not much on election days. 

Q. Never saw any literature at the polls?—A. Not much on election days; 
people generally don’t have time to handle it. 

Q. I understand you to say that your theory and idea is that such a publica¬ 
tion would have a tendency to prejudice people in their voting?—A. Well, 
it might to some extent. I think it was very uncalled for; it might have preju¬ 
diced people to some extent. 

Q. What are the facts? Do you know a single man or woman in this pre¬ 
cinct or anywhere on that day who changed their politics and voted the Demo¬ 
cratic ticket on account of any information obtained from this alleged circu¬ 
lar?—A. No, sir; I don’t. I had no way to find out because I was on the job. 

Q. You didn’t hear anybody say they changed on account of it?—A. No, sir. 

Q. The fact is you didn’t see any demonstration of that?—A. I had no chance, 
for I had to be on my job. 


106 


CAMPBELL VS. DOUGHTON. 


Q. Do you know any Republican in the precinct who changed his vote on 
this account at the last election?—A. No; I don’t. 

Q. You are an active, working Republican?—A. No; I could not be anything 
else, because I want to go to heaven when I leave here. 

Q. I ask you if you don’t know as an interested, strong partisan of the 
Republican Party that you polled the biggest Republican vote in that precinct 
on last election day, on which you say this was circulated, that you ever did?— 
A. I guess so, because we had the ladies to help us out. 

Q. Didn’t you poll the biggest man vote you ever polled in the district?— 
A. I think we had more people. 

Q. You don’t know of any vote you lost by reason of this alleged preju¬ 
dicial circular?—A. No, sir. 

Redirect examination: 

Q. Did you hear any rumor or report of this well-nigh public row caused 
on account of this alleged circular?—A. Not anything except what one of the 
witnesses told me next morning. 

Q. Regardless of the size of your vote, whether increased by the man vote 
alone or by the addition of the women vote, I ask you if the general eifect 
of this circular distributed in the way you claim would not be to prejudice 
the voters and the public against the candidate for the Presidency and the 
President of the United States, if elected, as well as the other candidates on 
his party ticket?—A. I think so. 

Recross-examination: 

Q. You say you think the general tendency and eifect would be to prejudice 
voters?—A, I think that was what it was issued for. 

Q. Did it prejudice you?—A. No. 

Q. Did you vote the Republican ticket?—^A. Yes. 

Q. Can you name one man or woman it had that tendency on?—A. No, sir. 
It caused some disturbance between two ladies over town. 

Q, Did it change any vote?—A. No; the voting was all over, but like to have 
changed into something else. 

Q. You have heard of people falling out over their religion, haven’t you?— 
A. Yes. 

Re-redirect examination; 

Q. So one of the evil effects of the tendency of this circular was to bring- 
about a serious rupture between two women of your village?—A. I never 
heard this conversation, only what a lady told me. It was my wife told me. 

Q. I’ou say it did cause a serious rupture between two of the good women 
of your town?—A. Yes. 

Re-recross-examination by Mr. Long : 

Q. What do you think is the worst—would have the worse effect—to talk 
about it among individual gatherings or to publish it in a place like this and 
go to the newspapers of the world?—A. I think it should be published out 
here. We have got to prove it was false to start with, and this is the only 
way to prove it; no matter what it costs we should red it up. 

INIr. C. W. CRAVEN, recalled for cross-examination hy contestee, testified as 
follows: 

Direct examination by Mr. Bickett : 

Q. This is the paper for which you paid $5 of your good money [handing 
witness paper] ?—^A. Yes. 

Q. I ask you if you read this paper after paying that much money for it?— 
A. I read part of it. I read about half of it. 

Q. So the whole paper is worth .$10 to read?—A. I don’t know how much 
it is worth. 

Q. If it is worth $5 to read half of it, then it must be worth $10 to read all 
of it? Did you read the part there where it is sworn to by the man that first 
swore to the thing?—A. Yes. 

Q. Who is it?—A. Read all those affidavits. 

Q. Who first swore to this lie?—A. I don’t know. 

Q. Who do they say they are in here?—A. I could not tell you. 

Q. Don’t you remember who they say they are?—A. I don’t know whether the 
fellow that printed it would know. 

Q. Look at me and see if I read it correctly [reading] : 


CAMPBELL VS. DOUGHTON. 


107 


“ AFFIDAVIT. 

“ State of Ohio, Summit County: 

“ Elias Shaffer, beinj? first duly sworn, says he lives at 804 Halloway Street, 
Akron, Ohio, and that he is now 73 years of age; that he has been a carpenter 
and patternmaker most of his life, and he is now retired; that in politics he 
has always been a Kepiihlican.” 

Is that correct?—A. That is what is on there. 

Q. (Continues reading.) “He further says that he was horn near Blooming 
Grove, Morrow County, Ohio, and lived near there for most of his life. He 
further says that he has knowif the family of Warren G. Harding and the 
family of his father, George Tryon Harding, for more than 50 years; that he 
first met and became acquainted with the Hardings when he was a young man, 
and at that time his father moved from Bellville to a farm south of Blooming 
Grove, Ohio. 

“ He further says that he went to school with George Tryon Harding, the 
father of Warren G. Harding,-at the school at Bellville, Richland County, Ohio. 
He says that he knew Charles Mordicah Harding, the father of George Tryon 
Harding and grandfather of AVarren G. Harding, and he also knew Perry Hard¬ 
ing and Ehicanesser Harding, the two uncles of George Tryon Harding, and 
saw all of these three Hardings, Charles, Perry, and Ehicanesser very often, 
and that these three men, the father of George Tryon Harding and his two 
uncles were men of colored Negro blood and that they were dark skinned and 
had the features and hair of a Negro, and that they looked very much like 
men of the Negro race. 

“ He further says that he knew the sisters of George Tryon Harding who were 
aunts of AA^arren G. Harding, and that one of them was very dark in color, 
more so than the rest, and that she taught school at Halfacre, which was 
about 2 miles from Blooming Grove. He further says it was common talk and 
the accepted and stated belief of all the people living near the Hardings that 
they, the Hardings, were of the Negro race, and that none of the Hardings 
ever denied it. He further says that he has always believed and still believes 
that the family of AA'arren G. Harding were of Negro blood. He further says 
Phoebe Harding, an aunt of AA^arren G. Harding, was decidedly of Negro ap¬ 
pearance. 

“ He further says that he, Shaffer, worked with a Mr. Dickerson, a brother- 
in-law of George Tryon Harding, in the building of the Blooming Grove 
Church, Dickerson as a mason and Shaffer as a carpenter, and that at that 
time Dickerson talked to Shaffer about his sister, Miss Dickerson, marrying 
George Tryon Harding, the father of AVarren G. Harding, and that he. Dicker- 
son was opposed to such marriage, and objected to it because George Tryon 
Harding was a descendant of a Negro and had colored blood in his veins. He 
further says that the father of George Tryon Harding married a Miss Craw¬ 
ford. 

“ He further says that he, Shaffer, is a member of the CaiTenters’ Union, 
No. 112, and that he is a member of the Marion (Ohio) Post of the G. A. R. 

“ Elias Shaffer. 

“ AAMtnesses: 

“ Frank G. Morrison. 

“ John A. Botzam. 

“ Signed and sworn to before me this 10th day of October, 1920. 

“ [seal.] John A. Botzam, 

“ Notary Public, Summit County, OhioP 

Q. Did I read that correctly according to the best of our recollection?—A. 
Yes. 

Q. So that it appears that this slanderous paper that has been introduced 
over our objection was first sworn to and issued by an Ohio Republican and a 
member of the Grand Army of the Republic, does it not?—A. That is what 
they say. It is up to you fellows to show it. 

Q. But we are denying the whole thing, you put it in here?—A. I didn’t put 
it up in the drug store. 

Q. Did you ever write to that notary public?—A. It was their intention m 
putting it up for that purpose. 

Q. Did you ever write to that notary public to see whether he swore that 
man to that?—A. I didn’t have anything to do with it. 

Q. Don’t you think that the person who brings a thing into the courthouse 
is one to prove it; you brought it?—A. No, sir. 


108 


CAMPBELL VS. DOUGHTON. 


Q. You paid your money for it?—A. I brought it home and put it in my 

trunk. A XT 

Q. Haven’t you written that “ this is the property of C. W. Craven ? A. Yes. 

Q. You put the statement on it that the title to his piece of paper is in you?— 
A. That is the one I bought, and I don’t think much of the men that put it up. 
I don’t think much of the men that published it either. 

Q. What do you think of the man that brings it here and proclaims it on the 
housetop? 

Redirect examination by Mr. Britt : 

Q. As to this affidavit which the governor has read, I suppose for the purpose 
of accentuation, you have no knowledge as to who made it?—A. No, sir. 

Q. You don’t know whether it was ever made at all?—A. No, sir. 

Q. If it was ever made you don’t know whether the affiant was a Democrat 
or Republican?—A. No. 

Q. The first knowledge you ever had of it was \\:hen it was found in the hands 
of Democrats?—A. Yes. 

Q. All the circulation of it you ever knew was done by Democrats?—A. Yes. 

Q. I ask you in regard to the truthfulness of it if it was not your opinion of 
It at the time you read it that it was a slander and falsehood?—A. Yes; if it 
hadn’t been I would not have bought it. 

Q. Wasn’t it your opinion then and isn’t it your opinion now that it was in¬ 
tended to be circulated as a slander and as a falsehood?—A. Yes. 

Recross-examination by Mr. Bickett : 

Q. You swore just now that you knew it was intended to be circulated as 
a slander and a falsehood?—A. If it hadn’t been it wouldn’t have been put up. 

Q. Don’t you know that a man that repeats a slander iS' just as guilty as the 
man that originates it, in law?—A. Let them bring him up. 

Q. Don’t you know very well that if you hear somebody whisper some story 
about the reputation of a woman and then you go out here and tell it on the 
street corners that you are indictable for slander?—A. I am not going to do it. 

Q. Don’t you know that a man that gives the greatest publicity to a slander 
is the guiltiest man of the whole bunch; don’t you know that? I ask you if 
you don’t know that a man that gives the greatest publicity to a slander is the 
guiltiest man of the whole bunch?—A. If it is not so he would be. 

Q. You say this is not so, don’t you?—A. They ain’t proved it is so. 

Q. Is there anybody here trying to prove it?—A. I don’t believe it. 

Q. Neither do I. Who is trying to prove it here?—A. What did they have it 
up for? 

Q. I want to know why you brought it here?—A. I had as good a right to 
bring it here as they had to put it up. 

Re-redirect examination: 

Q. But you do know that if it hadn’t been for this Democrat who put it up 
there you would never have had it in your hands, would you?—A. No. 

Q. You would never have known anything about it?—A. No, sir. 

Mr. S. H. HOUSTON, being called by contestant, testified as follows; 

Direct examination by Mr. Britt : 

Q. Where do you live?—A, I live in Barringers Township, Iredell County. 

Q. Are yon a voter in that precinct?—A. Y^es. 

Q. State whether you were registrar of elections in that precinct at the 
election of November 2, 1920.—A. Y’'es. 

Q. State whether you were at the polling place with your registration records 
on the four registration Saturdays designated by law.—A. Yes. 

Q. During what hours?—A. I was there from 9 o’clock, or about 9 o’clock, 
until sundown. 

Q. Do you recall the total number of registrants entered by you on the four. 
Saturdays?—A. No, sir; I do not. 

Q. About how many?—A. Something like 185. 

Q. What was the total registration of the precinct?—A. Some three hundred 
and eighty-odd. 

Q. How did you occupy the remainder of the time other than the registration 
days?—A. I was at home about my business. 

Q. State whether you traveled over the precinct for the purpose of registering 
voters?—A. I made some visits. & s 


CAMPBELL. VS. DOUGHTON. 


109 


Q. About how many days do you think you occupied in that way?—A. I only 
made three visits I recall; not over a day’s time. 

Q. Did you take the voters house by house as you went around?—A. No, sir. 

(1 You only registered those of your own i)arty friends?—A. Well, I regis¬ 
tered some of both. 

Q. Wasn’t it your purpose in going out to register to register your own party 
friends?—A. My purpose in going out to register was to register what hadn’t 
registered that I knew of and had invited me to come to register them. 

Q. You found that a great number of your own party friends hadn’t reported 
on the regular registration days?—A. Hadn’t so many of the Democratic ladies 
registered. / 

Q. You* were requested to go around and register them?—A. Yes. 

Q. You were advised by your party management?—A. No, sir. 

Q. By Mr. Lewis or Mr. Zeb V. Long? They are good workers.—A. No, sir. 

Q. All you did you did on your own motion?—A. Except, as I said, one or 
two parties in the lower end of the township asked me if I would not go down 
to their houses while the registration books were open. 

Q. They were among your party friends and you went down?—A. Yes. 

Q. You never went out with the sole purpose of registering Republicans?— 
A. No, sir; never any invited me. 

Q. Your object in going was to register those of your party friends who had 
not reported at your precinct?—A. It was my object to register those who had 
invited me and who they had made arrangements with. 

Q. Didn’t you make a canvass of the precinct?—A. No, sir. 

Q. You did in part?—A. I went with those who invited me to go. 

Q. Are you willing to say on your oath that you went out for the purpose 
and by invitation and registered Democratic men and women and Republican 
men and women alike?—A. I did. ^ 

Q. That was your purpose?—A. It was my purpose to register all who wanted 
me to register them and who invited me. 

Q. You knew that all stood in like relation to the registration, didn’t you?— 
A. Yes. 

Q. Then was it as much your duty to go to the farthest end of your precinct 
to register a Republican as it was a Democrat?—A. Yes; if he had asked me 
to come to his house. If he wanted me to register his wife. 

Q. You mean to say that you only went to those who invited you?—A. The 
parties had made arrangements for me to come to their houses. 

Q. Is it your intention to state that suppose you came to the house of A, who 
was a Democrat, and the next was house of B, a Republican, and next house 
of C, a Democrat, and that you scrupulouslv and alike took all those houses in 
order?—A. No, sir. You say A was Democrat, B was Republican. A hadn’t 
registered; B had. I didn’t go out until the last days before the books closed, 
and the ^Republicans were all registered—practically all registered. Really, I 
thought all of them were registered, and I didn’t stop at B’s house because he 
was registered. 

Q. You knew he was registered?—A. If they registered and I-put their name 
on the book I knew they were registered. 

Q. You did come to some sections of the community where in like order the 
Republicans hadn’t been registered; did you take them alike in all cases?—A. 
I don’t recall any house in my travels where the Republicans hadn’t registered. 

Q. Do you know a Mr. Brown, a Republican voter, in your precinct?—A. Yes. 

Q. State whether you passed his house and he was not registered ?—A. Yes; 
I passed the big road, but he was already registered. 

Q. Was his wife registered?—A. No, sir. 

Q. Did you call to register her?—^"A. I heard the day I was down there that 
she was going to vote the Democratic ticket, but I didn’t go to Mr. Brown’s 
house because he hadn’t invited me. If she had approached me, I would have 
registered her. I would not go to a man’s house to register his wife when he 
was not at home and hadn’t invited me. She told me the day she came to 
register that she intended to vote the Democratic ticket; that was after the 
day I was there by her house. 

Q. Mrs. Brown did afterwards register?—A. Yes; she registered on Satur¬ 
day, after I was by her house on Friday. 

Q. But she did vote Republican ticket?—A. I think she did. 

Q. Do you know Mr. Kennerly, a voter in your precinct?—A. Yes. 

Q. Is he Republican or Democrat?—A. He is Republican. 

Q. Did you register him?—A. He was already registered. He has been reg¬ 
istered for years in that township. 


110 


CAMPBELL VS. DOUGHTON. 


Q. Did he vote on the old registration?—A. Yes. 

Q. How about his family—he has some daughters?—A. Yes; he has daugh¬ 
ters, but they are not old enough—I don’t think they are—not old enough. 

Q. Is his wife not old enough?—A. She is old enough and registered. 

Q. Did you stop to register her?—A. No, sir. 

Q. She came in and registered?—A. Yes. 

Q. You passed her by on the other side?—A. I passed by the house on the 
big road. 

Q. And didn’t register her?—A. No, sir. 

Q. I ask you if this party, this woman and her husband, didn’t endeavor to 
get you to stop?—A, No, sir. 

Q. Didn’t she or her husband hail you and try to get you to stop?—A. No, sir; 
I didn’t pass their house but one time that I recall. 

Q. Was it in the nighttime you passed the Kennerly house?—A. I think it 
was after sundown. 

Q. You didn’t stop to register Mrs. Kennerly?—A. No, sir. 

Q. Will you name some of the Republican voters, men and women, that you 
stopped to register on this pilgrimage over the precinct?—A. As I said, I don’t 
know I did stop to register any. When I went out it was right at the close of 
the book, and they were all registered, except possibly a half dozen, in the 
township. 

Q. Do you remember one Republican that you registered on your trips?—A. 
No, sir—yes; I registered a Mr. Morrow’s wife. 

Q. Where was she on your route?—A. Yes; she was in the cotton field, and 
Mr. Morrow stopped us when we passed on. He lived farther down the road—I 
passed where they worked at. 

Q. You helped hold the election at the polls?—A. Yes. 

Q. You were the registrar, and in virtue of that one of the three judges?— 
A. Yes. 

Q. How many absentee votes cast there?—A. 10 or 11. 

Q. Did you oi^en the envelopes?—^A. Yes; I opened them. 

Q. Did they contain straight ballots or certificates of solid ballots only?—A. 
Certificates of ballots—possible a few of them had some ballots in. 

Q. That is, the voters certified they intended to vote a straight ticket?—A. 
Yes. 

Q. What did you do with the ballots, if they were ballots?—A. The ballots 
were put in the boxes. 

Q. What did you do with the envelopes and certificates?—A. The certificates 
were put back in the envelopes. 

Q. What did you do with them?—A. Kept them—have them in my pocket 
now. 

Q. Did you know these absentee voters personally?—A. Yes; all of them. 

Q. Let me have the list.—^A. I hadn’t counted them; there are 13, possibly. 
There is on that is not here. I took them back home with me after I brought 
up my registration book and put them away, and there may be one missing. 

Q. You didn’t put them in an envelope and seal them and mail to Mr. Lewis?— 
A. No, sir. 

Q. You knew that was the law?—A. No, sir. 

Q. E. Clyde Brown, do you kno\v him?—A. Yes. 

Q. What is the nature of his absence?—A. He was off at work. 

Q. Where?—A. He was in South Carolina at the time he sent his certificate 
back. He lives with his father. He is a single boy. He makes his home with 
his father, Mr. Jim Brown, who lives in our township. 

Q. What is his age?—^A. 22 or 23. 

Q. You examined the registration book to see if he was registered?—A. Yes; 
he is registered. 

Q. Do you know if he had paid his poll tax?—A. No, sir ; don’t know. 

Q. Did you swear those registrants that came to be registered ?—A. I did 
the most of them; at the first Saturday of the registration I didn’t swear them, 
because they were only ladies that registered, and I didn’t know what oath to 
administer them, but after that I did. 

Q. You didn’t want to swear them, and you didn’t want to swear at them?— 
A. I didn’t know what oath the ladies would take. 

Q. You didn’t know of your own knowledge that this absentee voter, Clyde 
Brown, was a fully qualified voter?—A. He said he had no other home except 
Mr. Brown’s there. 

Q. You don’t know he had paid his poll tax?—A. I didn’t look that up. 


CAMPBELL VS. DOUGHTON. 


Ill 


Q. He is a Democrat?—A. That is what his certificate said. 

Q. Voted for Doughton?—A. Yes. 

Q. Miss Sue Upright?—A. Yes. 

Q. What was the nature of her absence?—A. She was off at school. 

Q. Do you know her age?—A. She was past 21. 

Q. Do you know whether she was otherwise qualified, omitting the question 
of poll tax?—A. Yes; she was qualified. 

Q. She was a Democrat?—A. Yes. 

Q. Voted the Democratic ticket?—A. Yes. 

Q. Voted for Mr. Doughton?—A. Yes. 

Q. Do you know Miss Lorene Brown?—A. Yes. 

Q. What was the nature of her absence?—A. In scliool, 

Q. What ticket did she vote?—A, Democratic. 

Q. Did she vote for Doughton?—A. Yes. 

Q. Do you know her qualifications as a voter?—A. Nothing more than she is 
Mr. Brown’s daughter. 

Q. You don’t know her age?—A. Nothing except she said she was 21. 

Q. Do you know Richard Westmoreland?—A. Yes. 

Q. What was the nature of his absence?—A. Over in Winston at that time at 
work. 

Q. How old a man is he?—A. About 24, somewhere along there. 

Q. Do you know whether he had paid his poll tax?—A. Don’t know. 

Q. Did you register him?—A. Yes; I registered him two years ago . 

Q. He was in the old list?—A. Yes, 

Q. Do you know E. B. Morrow?—A. Yes. 

Q. What is the nature of his absence?—A, He is at A, & M. College. 

Q. How old is he?—A. 24 or 26. 

Q. Voted for Doughton?—A. Yes. 

Q. Do you know Miss Sallie (^vercash?—A. Yes. 

Q. What do you know about her qualifications?—A. There is an affidavit 
from her husband saying she could not attend the polls that day. 

Q. Do you know her age?—A. 4.5. 

Q. Mrs. L. A. Pope, do you know her?—A. Yes. 

Q. All these people voted the Democratic ticket?—A. Yes; all you called out. 
Q. IMaggie Brown?—A. I know her. 

Q. She voted the Democratic ticket?—A. Yes, 

Q. What the nature of her absence?—A. She was sick. 

Q. Norvelle Templeton; do you know her?—A. Yes. 

What was the nature of her absence?—A. She was off at school. 

Q. Do you know her age?—A. She said she was 21; anyhow she voted the 
Republican ticket. 

Q. Miss Minnie Chandler, where was she?—A. She was not able to attend 
the polls that day; there is an affidavit there. 

Q. Mrs. W. W. Belt?—A. I know her. 

Q. What was the nature of her absence?—A. Over in the hospital here. 

Q. She voted for Mr. Doughton?—A. Yes. 

Q. Do you know Oscar Brown?— A. Yes. 

Q. What was the nature of his absence?—A. Working at Asheville. 

Q. He voted for Mr. Doughton?—A. Yes. 

Q. Mrs. F. K. Ostwalt?—A. Not able to be there. 

Q. She voted for Doughton?—A. Yes. 

Q. Is this all the absentee voters?—A. Possibly one not there. 

Q- Do you know why so many of these Democrats are absent and so many 
of the Republicans stayed at home?—A. I told you why they were absent; 
they were at school. 

Q. All these absentees voted for Doughton except one?—A. Yes. 

Q. Did Mrs. Sherrill vote a Democratic ticket?—A. Yes. 

Q. What is the nature of her absence?—A. She was not able to attend the 
polls. She was Mrs. Zeigler’s mother-in-law—very old lady. 

Q. Did anybody tell you that she was well enough to work in the field that 
(lay?—A. Some one at the election said she was picking cotton that day, but 
the affidavit was in the envelope that she was not able to attend, and it was 

voted. , 

Q. You received this information that she was physically able to work 
before she voted?—A. No, sir; not before she voted. Mr. Deal, way I heard 
say, he saw her in the cotton patch after she voted. 


112 


CAMPBELL VS. DOUGHTON. 


Q. Would you have allowed her to vote if you had reliable information that 
she was in the cotton patch and could work?—A. If somebody had sworn she 
was in the cotton patch at work, that would have left it with the judges to 
say whether she could vote. 

Q. Do you remember that vote being challenged before it was put in the 
ballot box?—A. No, sir; I don’t remember it being challenged, except I heard, 
I think it was Mr. Deal, back in the crowd—such a crowd up there where 
voting—I recognized his voice as saying she was in the cotton patch picking 
cotton the day before, or maybe that day; I am not sure about that. 

Q. How much did you receive as compensation for your registrationship?— 
A. I don’t know what they paid. 

Q. You M-ere paid?—A. I received my pay from the county commissioners. 

Q. Do you know how it was rated?—A. They paid me so much per name 
for registration and so much for each day at the polls. 

Q. Did you get any compensation for these migrations over the district?— 
A. No, sir. 

Q. None offered to you?—A. I believe Mr. Crompton—he is here—he came 
soon one morning and brought a load and asked me about registering his folks. 
I told him I would be up to the house and register him, and he asked^ me if 
I would mind staying there until he would send a car back and get some'more; 
and I think he told me he would pay me for my time if I would stay. He 
sent and got another load, and I stayed and registered them. He didn’t pay 
me anything, and I don’t know that he said he would pay me. 

Q. You knew you were an officer in virtue of being a registrar?—A. Yes. 

Q. You knew that the tax money that went to pay your compensation came 
indiscriminately out of the taxpayers of Iredell County?—A. Y"es. 

Q. Out of Democrats and Republicans?—A. Yes. 

Q. Was it your idea that if you traveled over the precinct at all that, under 
your oath, you were bound to give an equal opportunity for Republican women 
to register? What was the conception of your duty? What was your duty 
under your oath and under your moral obligation in that particular?—A. I 
gave all a chance that called on me to register. 

Q. I ask you what was your conception of your duty as to what you should 
do for the men and women of both parties. Did you feel you were under obli¬ 
gation to register, both men and women ?—A. This Mr. Crompton was a Repub¬ 
lican. 

Q. Did you exercise that?—A. I certainly did. They went to my house, and 
I came up from my work at all times. 

Q. You think you gave the Republicans an equal chance on your trips as 
you did the opposition?—A. I think I did. 


Cross-examination by Mr. Long: 

Q. You spoke of Mr. Crompton going to your house with a load of voters 
wanting to register. When was that?—A. That was soon one Saturdav 
morning. 

Q. Was that before the law required you to be at the polling place for regis¬ 
tration?—A. It was before. 

Q. You say he was a Republican?—A. Yes; and all the people he brought 
were Republicans. 

Q. He brought a carload?—A. He fetched four or five the first load, 
lo ^?—^4 requested you to remain there for his convenience to bring another 

Q. And he brought another load before 9 o’clock*?—A Yes 

Q. You registered them?-A. Yes. I didn’t go back to my work. 

Q. You were not paid anything extra for it?—A. No, sir. 

Q. Did you give to ah of the parties entitled to register, regardless of party 
affiliation, equal opportunities for registration in your township as tL law 
required, as you understood your duty?—A. Yes 

Q. Did you have any protest made to you by anyone during tbe timp of 

registration that you didn’t register ?-A. Yes; Mr. Co“ asked me 1 ^”? 

day the registration books were open, the day they closed, asked me at the 
precinct, at the polls, the day the books closed-lie asked me if I could register 
one Mr. Crompton’s wife that was sick, that could not come out to register 
I told him I could not do it the next week. He asked me if I could do It that 
evening He said she was sick and could not come out, and I L“d ‘‘If you 
had told me I would have gone to her house and registered her ” 

Q. That was the day you were required to be at the polls’—A Yes 


CAMPBELL. VS. DOUGHTON. 


113 


Q. Did you during that time or since have you had any complaint or protest 
alleging that you refused to register anybody that wanted to be?—A. No, sir; 
I think they were all registered in our tOAvnship, unless it was this one Mr. 
Crompton’s wife. 

Q. What time was it that vou say you made such visitations that you did 
make for the purpose of registering such voters?—A. On Thursday and Friday 
before the books closed on Saturday. 

Q. What was the state of the registration of the Republican voters of your 
precinct at that time?—A. They were all registered but a few—possibly a 
half dozen. 

Redirect examination: 

Q. What do you say is the name of this w'oman that failed to get registered?— 
A. Mrs. Crompton. 

Q. Di^dn’t you go into that immediate community and register Mrs. Atwell 
and others around there?—A. I stopped at Mr. Atwell’s. He lived on the road 
and Mr. Crompton lived off a mile. 

Q. You didn’t go to Mr. Crompton’s?—A. No, sir. 

Q. Do you remember the total Republican registration now?—A. No, sir. 

Q. About how many would you say?—A. I would say that it was around 200. 

Q. Republicans?—A. Yes. 

Q. And yet you have sworn that of all the trips you made over the precinct 
that you registered but one Republican woman? 

Recross-examination; 

Q. I understand you to say that there were some of the absentee voters 
voted wh.te solid ballot and some of them a blue certificate that contained a 
ballot inclosed with it. What was done with the ballots that were actually 
inclosed in the envelopes?—A. They were put in the boxes. 

Q. What did you do with the certificates where there were no ballots?—A, 
Why, we got tickets and put them in the boxes. 

Q. In conform,ty with your understanding of the law?—A. Yes. 

Q. Of those absentee votes were there any of the ballots contained with 
the blue certificate with the name of the voter written across the back of the 
ballot?—A. No, sir. 

Q. I ask you this, if it is not a fact that all the Republicans to your knowl¬ 
edge at that time in your precinct were not already registered before you 
started out, except those that you did register while you were making your 
visits about the precinct?—A. I think they were all registered, because they 
came right in the first day the books were open—I registered a number on 
the first day and on the second Saturday. 

Q. Did you deny or withhold any convenience in your power or discriminate 
in any way against the Republican voters?—A. No, sir. 

Mr. J. N. DEAL, being called by contestant, testified as follows: 

Direct examination by Mr. Britt: 

Q. What precinct do you live in ?—A Barringers. 

Q. Do you know the registrar, Mr. Houston?—A. Yes. 

Q. State what, if anything, you know about his passing by Republicans 
while he was out registering Democrats?—A. I live right on the road; he never 
stopped at my house. 

Q. Was any one of his party friends living around you on that route?—A. 
Some lived to the right of me. 

Q. Did he register you?—A. No, sir. 

Q. Did he stop to say the time of day or anything to you?—A. Not word. 

Q. Any member of your family not registered at that time?—A. My wife. 
I had a daughter that lived right close to me. 

Q. Did he call on her?—A. No, sir; he went on. The windup of the regis¬ 
tration I made the remark out at the store one night that it was a funny 
thing he would ride right by some and not take all. 

Q. In his presence?—A. Calvin Morrow said, “He was at my house last 
night.” It was the first week of the registration. 

Q. Where does Calvin Morrow live?—A. Three or four hundred yards from 
me. He said he had been there at 9 o’clock last night—had a little party 

there ^ " 

Q. What is the politics of Mr. Morrow?—A. Democrat. 

57695—21-8 


114 


CAMPBELL VS. DOUGHTON. 


Q. What chances to be yours and your wife’s?—A. Republican. 

Q. Do you know of any others that were passed by?—A. Not right in my 
neighborhood. These two, I do know they were passed by. 

Cross-examination: 

Q. Do you know the date you speak of Mr. Houston was by your house?— 
A. Up there seyeral times at night—it was from the first registration day up 
until the second Saturday. 

Q. You live on the public road?^A. Yes. 

Q. Mr. Houston passed there frequently—and other people?—A. Y’^es. 

Q. How close to Mr. Houston do you live?—A. Mile and half, I think. 

Q. I ask you if it is not a fact that you and your wife were not registered 
right in the very beginning of the registration?—A. Registered tjie third Sat¬ 
urday. 

Q. So there was another week of it?—A. I don’t know whether there was 
another week or not. 

Q. I ask you if you didn’t hear Mr. Houston swear that the tinje he made 
his visits for the purpose of registering was the very last day?—A. Yes. He 
made a false on that. He went to see one lady five or six times befoi’e that. 

Q. You and your wife did get registered?—A. She went with another man. 

Q. Did you ever request Mr. Houston to come and register her?—A. No; 
and Calvin Morrow said he didn’t. 

Q. Did he refuse?—A. If I had asked him I think he would have come. 

Q. And practically all of your Republicans were registered?—A. I don’t know 
about that; they were right in my neighborhood. 

Q. Do you know of any Republican in your precinct who made any attempt 
or applied for registi'ation or made any request at all that didn’t get regis¬ 
tered ?—A. I was not over the township. 

Q. Do you know of any?—A. No, sir. 

Mr. GRANT COMPTON, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. I live in Barringer township. 

Q. Are you a voter there?—A. Yes. 

Q. How long have you lived there?—A. Twenty years, 27th of this month. 

Q. Of what politics are the voters immediately around you there, mainly?— 
A. Republicans. 

Q. Consisting of both men and women?—A. Yes. 

Q. Did you ever see Mr. Houston, the registrar, up there on his travels 
around?—A. No, sir; we are right in the corner of the township. 

Q. Did Mr. Houston ever come around there to register you?—A. No, sir. 

Q. Ever offer to register you?—A. No, sir. We didn’t give him any showing. 
We just went when the books opened. 

Q. Never was in your community at all?—A. Not that I heard of. 

Q. How many Republican men and women in that section?—A. Ten or 12. 

Q. And Mr. Houston in his migrations over the precinct ueyer visited you?—• 
A. Never saw him. 

Cross-examination: 

Q. What time during the registration period was it that you registered and 
took a load or two to Mr. Houston on one Saturday to register?—A. I think it 
was the second Saturday—it was my brother that took the load. I went along. 

Q. So your brother did take them?—A. My brother’s son it was. 

Q. You took two loads to Mr. Houston’s house on Saturday morning?—A. 
No, sir; just went, and we stayed tliere until come back and got Mrs. Brady 
Beaver. 

Q. You all stayed at Mr. Houston’s, and they went and got some others?— 
A. One more, Mrs. Beaver. 

Q. All who applied there were registered?—A. Yes. 

Q. That was before the hours for the books to be open at the polls?—A. I 
don’t know what time, up in the morning a little—it was not late—we were all 
busy. 

Q. Did you ever request Mr. Houston to come to your home and register any¬ 
body?—A. No, sir. 

Q. Do you know of his refusing to extend apy courtesy of accommodation to 
a voter of any party in the district?—A. No, sir; never heard of it. 


CAMPBELL V§. DOIJGIJTOISr. 


115 


Q. No ijse in him going ^o you^ h^ome when yon were all registered?—A. Not 
a bit. 

(On this, the 16th day of Febl*nary, 1921, a|t the hearings herein in open 
session, on suggestion of counsel fpr the contestant, it is agri^d and stipulated 
by apd betwpep the contestant pnd hfs counsel and the cohtestee and his .counsel 
that the insertion of all spbpcenas and all notice's to opposite parties* in the 
record nipy be vyaived^ and that the oipission therefrom shall pot work to the 
prejudice of eithpr party ip the copsideration' of thia case. ‘ peipg present on 
behalf of the contestant. Contestant Janies I. Campbell, James'J. :Gritt, and 
P. P. Dulin, counsel; Jtpbert L.' Dpughtop^ Cpntestee, ip his own person; and 
Thomas 'Vy. Biclceft apd others, counsel^)* 

Mr. S. H. HOJJST.ON, recalled for ccoss-examination by contestee, testified 
ps follows: 

By Mr. Long : 

Q. D d you understand what Mr. Deal swore in regard to the registration of 
Mrs. R. C. Morrow?—^A. I understand that he swore fhat I registered her the 
first week. . - • 

Q. State, for the sake of accuracy, to the stenographer and to the court, if 
you know, when you did register Mrs. Morrow.—A. 'I haye the* record here to 
show. I registered Mrs. R." C. Morrow on 19-20-1920 [referripg to registration 
book]. ‘ ' * » M 

Q. Tenth month and the twentieth day?—A. Yes. 

Q. That is October?—A. Yes. 

Q. Is Mrs. R. C. Morrow Mrs. Calvin Morrow?—A. Yes. 

Q. Is there anything else you care to state?— a! I just \yant to state this: 
That he swore that I swore false when I had made visits to* register and had 
registered her on the first week, and I know it was not so. The record bears 
me oiit. I registered her on the 20th and the books closed on the 23d. I also 
ilidn’t pass his wife. She was registered—I tender the record here to'show 
for th{it [refers to record]. Mrs. J. N. Deal—isn’t but two Deals in the town¬ 
ship—registered on the 10-12-20. She was registered eight days before I made 
the call to Mrs. Morrow. 

Q. At any time in passing around through the district in your township did 
you fail to register anybody that called bn you?—A. J did not. I registered 
them' at all times while the registration book was open when called upon. 

(). I understood you tp further swepr this morning that the only trip you 
made for the purpose of registering any voters up to that'time was during the 
very clos ng days of the registration period?—A. That is correct. 

Q. You did register them when you came up ^yith them?—A. Yes. 

Redirect examination: 

Q. You d’d register Mrs. Morrow at night?—A. On the 20th of October, 1920, 
three days before the books closed. 

Q. What ticket did Mrs. Morrow vote?—A. I would say she voted the Demo¬ 
cratic fcket. 

Q. You say that Mrs. Deal was registered, but you didn’t go to her house to 
register her?—A. She was reg'stered on the 12th, before I passed by her house, 
as he said, going to register Mrs. IVIorrow. * 

Q. You didn’t go to her house?—A. As I stated this morning, they were most 
all registered when I made any visits at all. 


Mr. T. O. BRAWLEY, being called by contestant, testified as follows: 

Direct e?:amination : 

Q Where do you live?—A. Mooresville. 

Q. Are you a voter in Mooresville precinct?—A. Yes. 

Q There are two precincts there.—A. I am in No. 2. 

Q. How long have you been a voter there?—A. I have been living there about 
20-odd years. 

Q. How many times have -x - _ - 

know whether I was ever registrar but once in national election; registrar for 
school elections, town elections several tunes. 

Q. You were registered at the last election?—A. Yes. 


don 


you been registrar in that precinct?—A. I don’t 
gistrar but once in national election; registrar for 
ns several tunes. 

Q. You were registerea at the last election?—A. Yes. * m . t 

Q Do you remember the total registered vote of your precinct?—A. No, 1 
m’t remember exactly. I think it was something over 700. 


116 


CAMPBELL VS. DOUGHTON. 


Q. Were*you on hand at the polling place the four Saturdays of the registra¬ 
tion period?—A. Yes. 

Q, During what hours of the day?—^A. From 9 to'9, I believe, 

Q. What is your business?—^A. Farming now. 

Q. Did you have any place of business where the polling place was?—A. No. 

Q. So you were staying there in your official capacity?—A. Yes. 

Q. How much of the registration period other than the four Saturdays did 
you occupy in the performance of your official duties?—A. I don’t know; not 
very much. 

Q. Did you put in as many as 10 days?—A. No; I think not. 

Q. How did you travel?—A, There in town I just walked anywhere. 

Q. When you went away from the place, how did you go?—A, In automobile. 

Q. Is that a large precinct in area?—A. Yes; it is pretty large. 

Q. Extends into the country?—A. Extends into the country a good piece at 
the north of it, but not so much to the south and west. 

Q. Do you remember the aggregate Republican vote in that precinct?—A. 
No, sir; I do not. 

Q. About what?—A. I don’t know, 200 and something, I think—I don’t re¬ 
member. 

Q. What part of the 200 Republicans did you register at this election?—A. I 
registered all the ladies that registered and good many men, too. 

Q. Did you administer the oath required by law?—A. Yes. ; 

Q. In every instance?—A. Yes. 

Q. Admitted no one to registration without it?—A. No, sir. 

Q. How many absentee voters?—A. I think we'had 25 or 30, something like 
that, maybe more—I don’t remember just how many, 

Q. These absentee ballots were forwarded to you as registrar of the precinct?— 
A. Yes. 

Q. How did you receive them, by hand or mail?—A. Some by hand and some 
by mail. 

Q. Some by mail and some by the hand of whom?—A. I don’t know whose, 
just somebody there that had it—they gave it to somebody to hand to me, I 
guess. 

Q. Local people?—A. Yes. 

Q. Did you open the envelopes yourself?—A. Yes. 

Q. Were they plain ballots or certificates?—A. Just plain ballots like we all 
voted, was in there. 

Q. Anyone vote the certificate of voting a straight ticket?—A. They all voted 
the same ticket we all voted. 

Q. Some voted a ballot and others forwarded a certificate that said, “ I 
hereby intend to vote the Democratic ticket ” ?—A. Had none at all; they were 
all ballots., 

Q. What did you do with the envelopes?—A. Kept them. 

Q. Have you them present?—A. Yes. 

Q. How many are there of them?—A. I don’t know how many [gives them to 
attorney]. 

Q. Miss Mary B. Flowers, what was the character of her absence?—A. I 
think she was away, probably working somewhere—Charlotte, I think. 

Q. Do.you know her?—A. Yes, 

Q. What is her politics?—A. I think she is Democrat. 

Q. Do you know her qualifications, leaving out the question of paying poll 
tax?—A. She is a resident in town—father lives there. 

Q, What is her age?—A. I don’t remember. 

Q. Mrs. Clara Young?—A. She lives there. 

Q. What was the nature of her absence?—A. I think she was teaching some¬ 
where, 

Q. What is her politics?—A. Republican. 

Q. Did she vote?—A. Yes. 

Q. Do you know her qualifications?—A. Yes ; I know her ; know her family 

Q. Do you know Mrs. Mary E. Collins?—A. Yes. 

Q. What is the nature of her absence?—A. I think she was sick. 

Q. She voted the Democratic ticket?—A. I think so. 

Q. Do you know R. B. Templeton?—A. Yes. 

Q. What w^as the nature of his absence?—A. He was out west somewhere 

Q. What is his politics?—A. He is Democrat. 

Q. Voted Democratic ticket?—A. Yes. 

Q. Do you know Miss Elizabeth Rankin?—A. Yes. 


CAMPBELL VS. DOUGHTON. 117 

Q. What Is the nature of her absence?—A. I don’t know; she was not at 
home. She lives there. 

Q. Do you know her politics?—A. Yes. Democrat. 

Q. All these you have classed as Democrats voted for Congressman Dough- 
ton?—A. I suppose so. 

Q. You don’t know any exceptions to that?—A. No, sir. 

Q. Do you know C. L. Guioii?—A. Yes. 

Q. What is the nature of his absence?—A. I don’t know. He was absent. 

Q. What is his politics?—A. He is Democrat. 

Q. He voted for Mr. Dopghton?—A. I guess he voted straight Democratic 
ticket—I don’t remember. 

Q. Do you know Rhodes Deaton?—A. Yes. 

Q. What is the nature of his absence?—A. He was away working somewhere. 
Q. What is his politics?—A. Democrat. 

Q. He voted the Democratic ticket?—A. Yes; I think so. 

Q. Do you know Mrs. Alice McLean?—A. Yes. 

Q. What is the nature of her absence?—A. I think she was sick. 

Q. What is her politics?—A. I think she is Democrat. 

Q. Did she vote for Congressman Doughton?—A. I guess she did. 

Q. Do you know R. M. Stafford?—A. Yes. 

Q. What is the ftature of his absence?—A. I don’t know; his father lives 
there; he was away somewhere. 

Q. Do you know his politics?—A. I think he was Democrat. 

Q. Voted for Mr. Doughton?—A. I guess he did. 

Q. Do you know W. M. Creswell?—A. Yes. 

Q. What is the nature of his absence?—A. He was off working somewhere. 

Q. What is his politics?—A. Democrat. 

*Q. He voted for Mr. Doughton?—A. Yes. 

Q. Do you know J. E. McNeely?—A. Yes; I think so. 

Q. What is the nature of his absence?—A. I really don’t know. 

Q. What is his politics?—A. I don’t know that either. 

Q. Do you know whether he was absent?—A. Yes; he was absent. 

Q. Do you recall how you received his certificate?—A. No; I do not. 

Q. Do you know M. W. White?—A. Yes. 

Q. What was the nature of his absence?—A. He was away on some business. 
Q. Do you know for what?—A. I don’t know what it was—I don’t know what 
his business was. 

Q. Do you know whether he was a qualified voter?—A. Yes. 

Q. Plow old is he?—A. Old man and got married the other day. 

Q. How’ did he vote?—A. Voted the Republican ticket. 

Q. Do you know B. B. Kerr?—A. Yes. 

Q. What was the nature of his absence?—A. Away at work somewhere, I 
think. 

Q. What is his politics?—A. He is a Democrat. 

Q. He voted for Mr. Doughton?—A. I guess he did. 

Q. Do you know F. B. Sherrill?—A. Yes; there are two or three F. B. 
Sherrills around there. 

Q. What is the nature of his absence?—A. I don’t know. 

Q. What is his politics?—A. I don’t know that either. 

(}. Do von know Eugene Hawthorne?—A. Yes. 

Q. What is the nature of liis absence?—A. Working away from home some¬ 
where. 

Q. What is his politics?—A. Lfemocrat. 

Q. He voted for Mr. Doughton ?—A. I guess he did. 

Q. Do you know F. W. (labriel?—A. Yes. 

Q. M'hat is the nature of his ahsenee?—A. Fireman on the road. 

Q. Wliat is his politics?—A. Democrat. 

Q. Do you know T. V. Sherrill?—A. Yes. 

Q. What is the nature of his absence?—A. I don’t know. 

O Do you know his politics?— A. No; I don’t know that either. 

Q. Do you know how this certificate came to you, by hand or by mail?—A. 
I don’t remember, some handed to me and some mailed to me. 

Q. Do you know G. G. Adams?—A. Yes. 

Q. What is the nature of his absence?—A. Off attending school somewhere, 
o'. AVhat is his politics?—A. Democrat. , , 

(}. He voted for Congressman Dougliton?—A. I guess he did. 

Q. Do you know W. C. Ariail?—A. Yes. 


Il8 


CAMP'BElL vs. DmiGHTON. 


Q'. What is the nature 6i tiis ah>^ence:?—A. Hfe was away somewhere at work. 
Q. What is his politics?—A. Democrat. 

Q. Voted for Mr. .Doughtoh ?^—A. I think ^'o. 

Q: Do yo'tt know Mrs. Ella Benfield?—A. Yes. 

Q. Do you know the nature of her absence?—A. She was sick. 

Q. Do you know her pfolitics?—A. Demo’cfat. 

Q. Voted for Congressman Doughton?—A. Yes. 

Q. Do you know W. L. Collihs?—A. Yes. 

Q. What is the nature of his absence?—A. He was workirig away from 
home. • 

Q. What is his politics?—A. He is a Democrat. 

Q. Do you know Mrs. J. R.,Mcl-elland?—A. Yes. 

Q. What is the nature of her absence?—A. She was visiting away frotn home 
or somewhere. 

Q. Do you know whether she was really absent?—A. Yes; 1 know that—I 
know where she lives; house was vacant. 

Q. What is her politics?—A. Democrat. 

Q. She voted for Doughton?—A. Yes. 

Q. Do you know W. D. McLelland?—A. Yes. 

Q. What is the nature of his absence?—A. He is in Germany. 

Q. What is his politics?—A. Democrat. 

Q. Did he vote for Mr. Doughton?—A. Yes. 

Q. Do you know Miss Grace T. McNeely?—A. Yes; I know her. 

Q. What is the nature of her absence?—A. She was sick. 

Q. What is her politics?—A. Democrat. 

Q. Do you know Mrs. Mary Coon?—A. Yes. 

Q. What is the nature of her absence?—A. Away from home. 

Q. What is her politics?—A. Democrat. 

Q. She voted for Mr. Doughton?—A. Yes. 

Q. Do you know Mrs. Blanche Sherrill?—A. Yes. 

Q. What is the nature of her absence?—A. I don’t know. 

Q. What is her politics?—A. I don’t know that either. 

Q. You don’t know for whom she voted?—A. No, sir. , 

Q. Do you know Miss Marie Gabriel?—A. Yes. 

Q. What is the nature of her absence?—A. Teaching. 

Q. What is her politics?—A. Democrat. 

Q. She voted for Mr. Doughton?—A. Yes. 

Q. Do you know Mrs. Bessie Barger?—A. Yes. 

Q. What is the nature of her absence?—A. She was sick. 

Q. What is her politics?—A. Democrat. 

Q. She voted for the Congressman?—A. Yes. 

Q. Do you know Latham Mills?—A. Yes. 

Q. What is the nature of his absence?—A. At school. 

Q. What is his politics?—A. Democrat. 

Q. He voted for Mr. Doughton?—A. Yes. 

Q. Do you know Mrs. Lillie Frantis?—A. Yes. 

Q. What is the nature of her absence?—A. She was sick. 

Q. What is her politics?—A, Democrat. 

Q. Voted for Mr. Doughton?—A. Yes. 

Q. Do you know Miss Lucy T. McNeely?—A. Yes. 

Q. What is the nature of her absence?—A. She was sick. 

Q. What is her politics?—A. Democrat. 

Q. She voted for Mr. Doughton for Congress, did she?—A. I think so. 

Q. Do you know Mrs. Sue McNeely?—A. Yes. 

Q. What is the nature of her absence?—A. She was sick, too. 

Q. For whom did she vote for Congress—for Doughton?—^A. I think so; voted 
the Democratic ticket straight. 

Q. Do you know Mrs. L. M. Bell?—A,. Yes. 

Q. Do you know the nature of her absence?—A. Sick. 

Q. Do you know her politics?—A. Democrat. 

Q. Do you know J. A. Alexander?—A. Yes. 

Q. What is the nature of his absence?—A. I don’t know. 

Q. What is his politics?—A. He is a Democrat. 

Q. Voted for Mr. Doughton?—A. Yes. 

Q. Do you know Mrs. Mary D. Teeter?—^A. Yes. 

Q. What is the nature of her absence?—A. Sick. 

Q. What is her politics?—A. Democrat, I think. 

Q. Do you know Mrs. Bessie Collins?—A. Yes. 


CAMPBELL VS. DOUGHTON. 


119 


Q. What is the nature of her absence?—A. Sick. 

Q. What is her politics?^—A. Democrat. 

Q. Here are 2G here [referring to absentee votes] ; that is all that were 
voted?—A. Yes. 

(}. In what proportion does the Democratic and the Republican congressional 
vote stand in your precinct? That is, the Democratic vote is how mainy times 
greater than the Republican vote—twice as great?—A. I don’t know whether it 
is twice as much or not in our precinct. I forget. I don’t remember the vote 
exactly; I didn’t tax my memory with it. 

Q. You think it is not more than two or three times as great?—A. I don’t 
reckon it is three times as great. 

Q. How do you account for the fact, as disclosed in your precinct by the 
absentee votes as cast and as disclosed in all the other precincts, that the Demo¬ 
cratic absentee vote is from ten to fifteen and twenty times greater than the 
Republ can absentee vote?—A. I guess the reason of that is that the Democrats 
worked it harder than the other fellows—I don’t know. 

Q. Assuming that the Democratic vote is three times as much in your pre¬ 
cinct as the Republican vote, and assuming that employment is normal and 
uniform for all clashes of people. Democratic and Republican, how can you ac¬ 
count for the great disproportion that out of 26 absentee votes that only 3 were 
Republican and 23 Democratic?—A. I don’t know. 

Q. Doesn’t it strike you as being rather strange?—A. No; I would not think 
it was much strange. The other party may have worked it harder; I don’t 
know. I didn’t work up any absentee votes at all myself—had nothing to do 
with it. 

Q. And you don’t know whether anybody else did or not?—A. I was regis¬ 
tering them when they came to me; I was not looking after that. 

Q. That is a fact that out of 26 absentee votes returned to your precinct only 
3 were returned as Republicans?—A. I don’t know how many there were. 
Some voted ; I didn’t know what they voted—I don’t remember the politics. Of 
course, I saw the ballots when I opened them. 

Q. You tkink you put in as many as five days other than the regular registra¬ 
tion days in register mg voters, other than the four days?—A. No; I don’t know 
whether I d'd or not. 

Q. You would not say it was not that many days?—A. I would not say it was 
five days. 

Q. As you understood your legal duty, it required you to register the voters 
who applied to you at the voting place?—A. Yes. 

Q. What made you become interested and begin to travel over the precinct 
to hunt them up?—A. A great many of them asked me to come—both parties— 
and I went. 

Q. Did you commence next your home there and take them house for house?— 
A. No, sir. 

Q. How many houses did you skip, ordinaarily, before you lighted again?— 
A. I don’t know, maybe I started to a man’s house and went straight there. 

Q. You do know you skipped and lighted?—A. I did not stop at all of them. 

Q. Suppose as you left your home—I believe you said you were a farmer?— 
A. Yes; and I live in town. 

Q. Suppose you started at your home, and the first house is the house of A, 
who is a Democrat, the second is the house of B, a Republican, the third is 
the house of C, a Democrat, and the fourth is the house of D, a Republican, did 
you take them in that order, regardless?—A. No, sir. 

Q. What is your answer to that?—^A. I went where they asked me to go, 
generally. 

Q. You didn’t take them in that way at all?—A. No, sir. 

Q. Did you ever leave your home and go straight to the country for the pur¬ 
pose of registering a Republican and come back having done that only?—A. Yes. 

Q. How many times?—A. Twice, I think. 

Q. Y'ou did register 200 or more, didn’t you?—A. I don’t know whether I 
did or not. 

Q. Did you register as many as 200?—A. I guess I did, but don’t remember 
the exact number. 

Q. Don’t you know there are more than 200 women voters in your precinct?— 
A. But didn’t all register. 

Q. D'dn‘t nmre than 200 women register?—A. I don’t remember the total 
amount I registered. 


120 


CAMPBELL vs; DOUGHTON. 


Q. You think you registered between 200 and 300, all told?—A, I expect I 
did, I don’t know. 

Q. You think that out of that 200 or 300 you made two trips to the country 
and registered two Republicans?—A. I know I made them. 

Q. Men or women?—A. Men and women. 

Q. How many Republicans did you register on these two trips—A. I regis¬ 
tered in one house a woman and her two sons at one place, and at another place 
it was all ladies, no men there. 

Q. How far were they away from you?—A. These were in town I am talking 
about now. I registered one family that was out in the country and went on 
home. 

Q. Half mile in the country?—A. Three miles. 

Q. So you did go to the house of one group in the town and one in the 
country?—A. I went to more than one in the town, and went to two that asked 
me to come to them—registered every):)ody that came to me, regardless of 
politics. 

Q. I am talking about your activities that we call rather extra forward, going 
away from your voting precinct—you understood your duty as registrar?—A. 
Yes. 

Q. You understood the obligation of your oath very well?—A. I think I did. 

Q. Do you recall who administered the oath to you?—A. Mr. Brown. 

Q. Who is he?—A. Notary public there. 

, Q. Did you understand that obligation of yours to mean that if you stayed 
there your four days and registered all people that came that so far as your 
going away at that time belonged to your Democratic friends?—A. I understood 
I didn’t have to go anywhere if I didn't want to. 

Q. Didn’t you understand that after you stayed here four days that any extra 
work you did belonged to your party and not to the Republican Party?—A. I 
didn’t have to go without I wanted to. I am a Democrat, and like all the others, 
work for my i)arty. 

Q. You were not greatly interested in the Republicans' getting there?—A. No, 
sir. 

Q. But you were interested in your Democratic friends?—A. Oh, to some 
extent. 

Q. How much pay did you receive?—A. None at all. 

Q. Didn't prove any service at all?—A. No, sir. 

Q. Never received anything?—A. Nothing except what the county paid me. 

Q. How much did the county pay you?—A. One hundred dollars or little over. 

Q. Plow was that pay rated?—A. So much a day and so much a name. 

Q. Three dollars per day and so much per name?—A. It amounted fo some¬ 
thing over $100. I think it was about $100 or $103. 

Q. The $100 that was paid you came out of the general public tax of this 
county?—A. Yes. 

Q. And in the payment of that tax all persons. Democrats and Republicans, 
fare alike, don’t they?—A. Yes. 

Q. So if you were being paid for official services out of the common‘public 
fund and you exercised any activities beyond those specifically reriuired by your 
oath, it should have been offered to all alike, and on the same terms, shouldn’t 
they?—A. I guess I just went according to law about that. I was not compelled 
to go out and register folks, you know. 

Q. But if you did go out to register any you felt that you ought to go out and 
register your own?—A. I went out and registered some of them ; not all of them 

Q. That was your object in going out?—A. Yes; of course, when I wanted to! 

Q. Did you chance to be in the zone of the distribution of this alleged Harding 
circular we talked about this morning?—A. Didn’t know anything about that 
until the election "was over. 

Q. Wasn’t that your precinct?—A. I don’t live on the street I guess is reason 
I missed that didn’t know anything about it until next dny after the election. 

Q. Do you know how many women in your precinct failed' to get on the regis¬ 
tration books?'—A. No, sir; I do not. ’ 

Q. Haven’t you heard it was approximately 100?—A. No; I haven’t heard 
anything about how many it was. 

Q. You have heard it was a considerable number?—A. I registered a "ood 
many of them, but I don’t know how many. 

Q. Didn’t you hear there were a large number that didn’t get on the registra¬ 
tion books at all?—A. l\Iost registered, I think. 

Q. There were some?—A. Some would not r(‘gister at all—both parties. 


CAMPBELL VS. DOUGHTON. 


121 


Q. Some refused to register because they didn’t believe in this new way under 
the sun?—A. Sure. 

Q. In going over the precinct in this migratory registration you speak of you 
said you registered some Republicans; give me the name of some of them?—A. I 
registered one family by the name of Nance; registered his wife; stopped there 
and registered her. 

Q. Any other family?—A. Well, that is the only one in.the country—I regis¬ 
tered them there in the town. 

Q. I am talking about the travels in the country.—A. Most of my people were 
in the town. I recall one, that fellow Nance. He was down and registered the 
Saturday before and I stopped and registered his wife when I passed. 

Q. Remember any others?—A, Don’t recall any others just now. 

Q. You could name how many Democrats that you registered—you remember 
all their names, don’t you?—A. No, sir. 

(}. Overname all those you registered on your trips in the country?—A. I 
could not call them all. Since you mentioned it again, I remember another 
Republican lady I registered. 

Q. I am asking you to call that long list of Democrats.—A. I could not do 
that; I didn’t tax my memory with that. 

Q. Too big and long to undertake?—A. No, sir. 

Q. What was the other Republican’s name?—A. IMr. Mayhew’s wife. 

Q. So that is two, and there were probably over 200 Republicans in the 
precinct, all told, men and women?—A. I guess there were that many registered. 

Q. Out of that number you registered two Republicans in the country?—A. 
Yes. 

Cross-examination by Mr. Turner: 

Q. You knew jmur duties as registrar?—A. Yes; thought I did. 

Q. Did you fail or neglect to register any Republican while you were 
registrar?—A. No, sir; not one that asked me to. 

Q. Did you give them all an opportunity to register?—A. Yes; I was there 
at the voting precinct, and I met quite a number of them on the street and 
registered them between times. 

Q. The law required you to be there on four days?—A. Yes. 

Q. Were you at your place of registration on those four days?—A. Yes. 

Q. And you registered all comers who were qualified under the law?—A. Yes. 

Q. Did your duties or the law require yon to visit homes of the citizens for 
the purpose of registration any other day?—A. No, sir; I think not. 

Q. So whatever you did was purely to accommodate the voters in that time?—■ 
A. l^es. 

Q. On other days than Saturdays that you speak of did you register them if 
they called to see you whether day or night?—A. Yes; registered some of them 
at night. 

Q. If any family requested you to visit them in the country on account of 
their inability to see you on the regular days, you went?—A. Yes. 

Q. Did you go to all the invitations you had irrespective of whether Demo¬ 
crats or Republicans?—A. Yes. 

Q. Any complaint made by Republicans down there that you didn’t give 
them an opportunity to register?—A. Not that I know of. 

Q. The first time you have ever had any complaint against you is what 
you have heard to-day?—A. Yes. 

Q. Were all these absentee voters registered?—A. Yes. 

Q. Do you know that they were citizens of that township—voting precinct?— 
A. Yes. 

Q. And thought they were qualified to vote under the law'?—A. Yes. 

Q. And vou received their vote by mail or by hand?—A. Yes. 

Q. And their ballots w'ere cast as they sent them infw^ere they?—A. Yes. 

lyir. J. F. FAIRCHILD, being called by contestant, testified as follow'S: 

Direct examination : 

Q. Where do 3'ou live?—A. In ^looresville. 

Q. Are j'ou a voter there?—A. Y"es. 

O. Were .you the registrar at the last election?—A. Yes. 

Q. How^ many times have you served as registrar?—A. One time. 

Q. What precinct?—A. No. 1, Coddle Creek. 

Q. What is the name of the tow'iiship?—A. Coddle Creek Township. 

Q You W'ere on hand on the four Saturdays required by law'?—A. Yes. 


122: 


CAMPBELL VS. DOUGHTON. 


Q. Wtiat is the nature of your business?—A. I am superintendent of a cotton 

Q. Did you have your registration office at the cotton mill? A. Ko, sir, had 
it at the Mooresville Loan & Trust Co.; I kept the books there on the four days. 

Q. What hours did you stay there on the four days?—A.. Was generally there 
at little past 8 o’clock of a morning and stayed until sundown. 

Q. How were you occupied during the registration period, during the 
days, in relation to registration?—A. I kept my registration books in my office 
and registered people at all times whenever they wanted to be registered. 

Q. Registered members of all parties alike, did you?—A. Yes; when thejr 
came to me. 

Q. Did you administer the oath?—A. I did to everyone, except one person. 

Q. What was the character of the exception?—A. She was an old lady, and 
deaf, and I didn’t attempt it. I have known her for 16 years and know she has 
been living right there; I was satisfied and didn’t administer the oath. 

Q. With reference to the time you remained in your office, did you make any 
trips from there to register any?—^A. I did. 

Q. Will you give me an estimate of the number of days you put in?—A. I 
could not do it; I was only out an hour at a time. 

Q. How did you travel—in one of these tin Lizzies?—A. I traveled in an: 
automobile. 

Q. As many as 10 days?—A. Not as much as 2 days, don’t suppose, over 2 
whole days. 

Q. What proportion of your precinct is in the country and surburbs, in 
area?—A. Four-fifths of it. 

Q. Is it thickly settled or sparsely settled?—A. Pretty thickly settled. , 

Q. You remember the aggregate number of registrants in your precinct?— 
A. Between 900 and 1,000. 

Q. Nine hundred and fifty, approximately ?—A. About 950; something like 
that. 

Q. About how many of these did you register and enter?—A. I registered 
about 400, in round numbers. 

Q. In what proportions were they as to sex?—^A. I don’t think there were 
more than 150 or 175 ladies. 

Q. So you must have registered, you say, of men and women anew, for the 
first time they registered, about 4(X)?—A. Yes. 

Q. About how many of the 400 did you get their names on your travels, do 
you think?—A. I don’t know, sir. 

Q. Would you say half of them?—A. I would not attempt to guess at that, 
because there were so many to register and so many came to me, and I had 
a big registration every Saturday, especially the first two Saturdays, and there 
were so many that I would not attempt to guess how many I got on my travels. 

Q. You knew the nature of your official duties very well, didn’t you?—A. I 
think I did. 

Q. You had had an oath administered to you?—A. Yes. 

Q. By whom?—A. Squire C. V. Voils. 

Q. Aside from the four days, Saturdays, which you were at your office, and 
the registration on the other days than the four days at your office, how did 
you view your duty as to those you went away from your office to register; did 
you regard it as an obligation upon you or as a thing optional with you?—A. I 
regarded it optional with me. 

Q. If you did regard it as optional, you then regarded it as being within your 
right and duty to confine your activity to the members of your own party?—A. 
If I wanted to. 

Q. As matter of fact, you did mainly, didn’t you?—A. Yes. 

Q. Do you think that you registered on those‘trips away—I am talking about 
now entirely; I am assoiniiig that you registered everybody that came on regu¬ 
lar days and to your office at other times—did you register any Republicans on 
those tiips away? A. I made three special trips to register Republicans, one 
in the subuibs of town and one close to my office—lady w-as sick and her hus¬ 
band asked me to come register her; and I made a trip down to the lower end 
of the towm and registered 19 Republicans at one clip. 

Q. That w\as all in the town?—A. Yes. 

Q. I am talking about the tiips into suburbs and country; did vou remember 
registering any Republicans?—A. No, sir; not in the country. 

(i}. You think you legistered as many as <5 Democrats in the country "i*—A 
Don’t think I did. 


CAMPBELL. VS. DOUGHTON. 


12a 


Q. Would you say between 50 and 75?—A. Suppose I registered as many as 
50; most all of them were ladies. 

Q. Then, in the country—suburbs and the country proper—during your travels^ 
in your extra official work, which I call it for want of a better name, you regis¬ 
tered as many as 50 or more, but didn’t register any Republicans?—A. No, sir. 

Q. Do you remember the amount of your income for your services—what 
you received?—A. I think I got about $113. 

Q. Do you know the basis of the pay? You were paid per diem and per 
name?—A. We got $3 a day for the days and so much a name for any registra¬ 
tion, and so much a name for transcript; but I don’t know exactly what the rate 
was. 

Q. Anyway, you received $113?—A. I think it was that in even money. 

Q. That money was paid out of the common public treasury, was it?—A. I 
don’t know where it came from. 

Q. Assuming that to be true, it was contributed alike by all the taxpayers?— 
A. I guess so. 

Q. Then, don’t you feel that under your official duties and under obligation 
of your oath, if you did any extra official service that that extra official service 
should have applied to all?—A. No, sir. 

Q. How many absentee votes were cast there?—A. I think about 40. 

Q Have you the list?—A. Yes; I have the votes. 

Q. You mean the certificates?—A. Yes. [Hands certificates to attorney.] 

Q. Do jmu know Vernon Voils?—A. Yes. 

Q. What is the nature of his absence?—A. He is in Atlanta in college. 

Q. What is his politics?—A. He is a Democrat. 

Q. He voted for Mr. Doughton?—^A. I suppose he did; I never saw the ticket. 

Q. Do you know Janie Lambeth?—A. Yes. 

Q. What is the nature of her absence?—A. Don’t know. 

Q. What is her politics?—A. I don’t know that. 

Q. You don’t know her qualifications, then?—A. No, I don.’t. I think she is a 
Democrat; am not sure of that. 

Q How did these come to you?—A. The most of them came to me by mail— 
if you will notice they are postmarked—and some handed to me day of election. 

Q. Do you know Allen P. Brown?—A. Yes. 

Q. What is the nature of his absence?—A. Working away from home. 

Q. What is his politics?—A. Democrat. 

Q. He voted for Mr. Doughton ?—A. I guess so. 

Q. Do you know R. W. Boyd?—A. Yes. 

. Q. What is the nature of his absence?—A. He was away up in Virginia some¬ 
where. He is a preacher and travels around a right smart. 

Q. What is his politics?—A. Democrat. 

Q. Voted for Mr. Doughton ?—A. 1 guess he did. 

Q. In all these instances, except where sickness was the cause, did you 
satisfy yourself by any way except by the certificate that they were absent on 
the day of the election?—A. I did not. I didn’t know a good many of the people 
and didn’t know their politics, and I never opened these myself. 

Q. Do you know B. L. Shinn?—A. Yes. 

Q. What is the nature of his absence?—A. He was in Winston. 

Q. Do you know his qualifications?—A. Yes. He has been there a long time 
and was registered. 

Q. What is his age?—A. He is about 60, I suppose. 

Q. What is his politics?—A. Democrat. 

Q. Voted for Mr. Doughton?—A. I don’t know who they voted for. I never 
saw any of those tickets in the absentee envelopes. I didn’t see the tickets. 

Q. What do you say about J. D. McGill?—^A. He was in Taylorsville. 

Q. Do you know his politics?—A. He was a Democrat. 

Q. You assume he voted for Mr. Doughton?—A. Yes. 

Q. Do you know J. O. Fairchild?—A. Yes. 

O. What is the nature of his absence?—A. Working in Charlotte. 

Q. Do .you know his qualifications?—A. Yes; I raised him. 

Q. He is 21, is he?—A. He is 24. 

Q. Did he pay that little tribute called the poll tax?—A. No, sir. 

Q. Why not?—A, I don’t think there was any against him. He was in the 
Navy during the war. I didn’t think he was required to pay them. I didn’t 
make any return for him while he was away, and he didn’t make any return. 

Q Do you know that absence can not relieve one from poll tax?—A. No, sir; 
but if they are in the United States Government service, they might be relieved. 


124 


CAMPBELL VS. DOUGHTON. 


R. L. Douglitoii, contestee, objects to any evidence being introduced in the 
course of this investigation, in this or any other county in the district, tending 
to show that any soldier who served in the World War was disqualified to vote 
in the last election by reason of his not having paid his poll tax for the year 
1919. This objection is based upon the inherent and natural justice of the 
situation, and also upon the fact that in every county in the district, as will 
hereafter be shown, the county commissioners expressly exempted all soldiers 
and sailors from the payment of poll tax. 

In rejoinder to the foregoing objection by Gov. T. W. Bickett on behalf of 
the contestee, R. L. Doughton, I, James‘J. Britt, as counsel for James I. Camp¬ 
bell, respectfully submit that under the constitution and laws of the State of 
North Carolina voters may be exempt from the payment of poll tax on the 
grounds of poverty and indigence only, and that is by the county commissioners 
of the county in which they live, which exemption must appear of record and 
be in the form of a public certificate capable of proof and administration at any 
time in the county from which the same is issued, and that on behalf of the 
said contestant any poll tax of any voter in the eighth congressional district 
of North Carolina not regularly paid or exempted in the manner herein indi¬ 
cated will be challenged according to their tenor. 

Counsel for the contestee, R. L. Doughton, in reply to the entry of the counsel 
for the contestant desired to have it made a matter of record that neither the 
laws nor the constitution of North Carolina jn any way requires or calls upon 
counsel or parties to this investigation to challenge the vote of any soldier on 
account of the nonpayment of poll tax; and when the contestant does so he does 
not do it as a legal necessity, but of his own free will and choice. 

To which counsel for contestant rejoins that while neither the constitution 
nor laws of North Carolina require the challenging of any voter upon the 
ground of nonpayment of tax any more than it requires A to sue B on a right 
of action, nevertheless, in all cases where, in the matter of inquiry, the question 
of whether any voter has or hasn’t paid his poll tax is a legal and proper sub¬ 
ject of challenge and may be legally and properly challenged, and that there is 
no provision of the constitution or laws of the State that in any wise prohibit it. 

Q. Do you know Richard Culbertson?—A. I do. 

Q. Do you know the nature of his absence?—A. Yes; he is in Alaska. 

Q. Do you know his politics?—A. He is a Democrat. 

Q. And voted Democratic ticket?—A. Yes. 

Q. Do you know Troy Cook?—A. Yes. 

Q. Do you know the nature of his absence?—A. Yes; he was working in 
Taylorsville. 

Q. Do you know his politics?—A. Democrat. 

Q. He voted the Democratic ticket?—A. I don’t know that. 

Q. Do you know Nancy Kester?—A. Yes. 

Q. Do you know the nature of her absence?—A. She was sick. 

Q. Do you know her politics?—A. Yes; Democrat. 

Q. Do you know Sadie Kester?—A. That is her daughter. 

Q. What is the nature of her absence?—A. She was sick. 

Q. What is her politics?—A. Democrat. 

Q. Do you know Sallie E. Craver?—A. Yes. 

Q. Do you know the nature of her absence?—A. She was sick. 

Q. Another good Democrat?—A. Yes. 

Q. Do you know Janie Foster?—A. Yes. 

Q. Do you know the nature of her absence?—A. She was a very old lady 
and her certificate says she was not able to come to the polls. 

Q. Do you know her politics?—A. Democrat. 

Q. Daisy Chester, do you know her?—A. Yes. 

Q. What is the nature of her absence?—A. I don’t know. 

Q. Do you know her politics?—A. Democrat. 

Q. Do you know whether she was in the precinct on the day of election‘i’_ 

A. Don’t know. 

Q. You don’t know whether she was sick or away?—A. Don’t know any¬ 
thing only what the certificate there says. 

Q. You say she is a Democrat?—A. Yes. 

Q. Do you know J. E. Williford?—A. Y'es. 

Q. Do you know the nature of his absence?—A. Yes; he was sick in bed with 
pneumonia. 

Q. Is he a Democrat?—A. l^es. 

Q. Do you know Mrs. Annie E. Freeze?—A. I do. 


CAMPBELL VS. DOUGHTON. 


125 


Q. Do you know the nature of her absence ?«^A. Slie was not able to go to the 
polls. She was not sick, but was ninety-odd years old, not able to go to the 
polls. 

Q. Do you know her politics?—A. Yes; Democrat. 

Q. Do you know Mrs. J. E. Williford?—A. Yes. 

Q. What is the nature of her absence?—A. Don’t think she was sick, but had 
to stay at home with her husband who was very low with pneumonia. 

Q. What politics?—A. Democrat. 

Q. Any certificate certifying she was sick and could not go to the polls?— 
A. I didn’t open these, the judges opened these and they never called my at¬ 
tention to any of them. 

Q. You say her husband was low?—A. Yes; had pneumonia. 

Q. Did you state that she was well at home?—A. I don’t know whether she 
was, or not. I suppose though—I don’t think she was sick. I know her hus¬ 
band was very low with pneumonia. 

Q. But you think she was well?—A. I don’t know whether she was well, or 
not. 

Q. Do you know Guy M. Morrow?—A. Yes. 

Q. Do you know the nature of his absence?—A. In school at Davidson. 

Q. Do you know his politics?—A. Democrat. 

Q. Do you know Mr. J. S. G. Brown?—A. Yes. 

Q. Do you know the nature of his absence?—A. He is old and infirm. 

Q. Do you know his politics?—A. Democrat. 

Q. Do you know Mrs. Annie S. Walker?—A. Yes. 

Q. Do you know the nature of her absence?—A. She was sick. 

Q. Do you know her politics?—A. Democrat. 

Q. Do you know Carrie Elizabeth Winecoff?—A. Do not. 

Q. You don’t know her?—A. No. 

Q. Do you know how the vote was cast, whether Democratic or Republican 
vote was cast in her name, or not?—A. No. 

Q. Dr. W. S. Davidson; do you know him?—A. Yes. 

Q. Do you know the nature of his absence?—A. He was away—I don’t know 
where he.was at—his ticket came to me by mail. 

•Q. You were positive of the fact he was out of the precinct on election day?— 
A. Yes. 

Q. Do you know his politics?—A. No, sir; don’t think he was a Democrat. 

Q. Wns he living in JNIooresville at that time?—A. No, sir; don’t know where 
has was living; he is a single man. 

Q. How long had he been away?—A. I don’t know. He is a doctor—I don’t 
know how long he had been away. 

Q. Do you know where he was?—A. No, sir; Newland, I think. 

Q. Has he been out of Iredell County a year or two?—A. No, sir. 

Q. Has he been out as much as a year?—A. No, sir. 

Q. Does he practice medicine in Mooresville at the present time?—A. He was 
practicing out at Mayhewtown. 

Q. E. B. Nelson, do you know him?—A. Yes. 

Q. What is the nature of his absence?—A. Sick. 

Q. What is his politics ?--A. Democrat. 

Q. Mrs. Carey Wilson Taylor, do you know her?—A. Yes. 

Q. Do you know the nature of her absence?—A. She was out of town. 

Q. Do you know her politics?—A. Democrat. 

Q. Do you know Miss Myrtle Melchor?—A. Yes. 

Q. Do >mu know the nature of her absence?—A. She was reported sick. 

Q. Did a certificate of illness accompany the ballot?—A. I think so. 

Q. You are not positive of that?—A. No, sir; I didn’t open any of these. One 
judge opened them and I checked and tlie other judge put them in. 

So you don’t know whether a doctor’s certificate or affidavit is required by 
law accompanying any of these votes?—A. Doctor certificates—it is required. 

Q. You knew that a doctor’s certificate or affidavit by somebody is required?— 
A. Yes. 

Q. You don’t know that any of them accompanied any of the absentee votes 
cast in this ward?—A. No, sir; I don’t know whether they did or not. 

Q. Did you try to ascertain whether they were with these votes or not on 
election day?—A. No, sir. 

Q You didn’t feel it your duty to ascertain whether they were legal voters or 
fjot"?—A. That was up to the judges. We had a Republican and Democratic 
man They didn’t call my attention to anything, only they called his name, I 


126 


CAMPBELL VS. DOUGHTON. 


looked it up and saw if he was registered, and if he was they went ahe^d and 
voted him. They didn’t call my attention to any of it, and I didn’t go around 
to look at any of them. 

Q. Who opened them?—A. Squire Voils, the Democrat, opened them, and Mr. 
Hudson,’the Republican, put them in the boxes. I think that is the way it \yas. 

Q. Do you know Mrs. Louisa Barker?—A. I am not persqnally acquainted 
with her, but knew her. 

Q. Do you know the nature of her absence?—A. She was sick. 

Q. Do you know her politics?—A. Democrat, was said to be. 

Q. Do you know Mrsl Lena Barger?—A. Yes. 

Q. Do you know the nature of her absence?—A. Yes. 

Q. What was the nature?—A. Think she was sick. 

Q. What are her politics?—A. Democrat. 

Q. Do you know Katie Walls?—A. Yes. 

Q. Do you know the nature of her absence?—A. She'was reported sick. 

Q. Do you know her politics?—A. I don’t. I don’t know whether she is a 
Democrat or Republican. Her brothers are Republican and her husband is 
Republican. 

Q. Do you know Mrs. Ada Gudger?—-A. Yes. 

Q. Do you know the nature of her absence?—A. She was sick, so her husband 
isaid. He came down and wanted a eertificate so he could get her vote. 

Q. Do you know her politics?—A. Democrat. 

Q. Do you know Mrs. W. E. West?—A. Yes. 

Q. Do you know the nature of her absence?—A. She was sick. 

Q. Do you know her politics?—A. Well, I don’t know just exactly how she 
voted—her husband split his ticlcet— 1 didn’t .see her ticket. She is supposed 
to be a Democrat. 


Q. Do you know Mrs. L. L. Kennerly?—A. Y^es. 

Q. Do you know the nature of hef absence?—A. She was a yery old lady and 
not able to come to vote—lives in the country a good piece. 

Q. Do you know her politics?—A. Democrat. 

Q. Do you know ELjah Pressly?—A. Do not. 

Q. Do you know the nature of his absence?—A. No, sir; I do not. I don’t 
know him. 

Q. Do you know his politics?—A. No, sir; I do not. 

Q. You didn’t see the ballot, did you?—A. No, sir. 

Q. Do you'know H. C. h’urr?—A. Yes. 

Q. Do you know the nature of his absence?—A. He was in Concord— out of 
town. 


Q. Do you know his politics?—A. Democrat. 

Q. Do you know what he was doing in Concord?—A. Policeman, I think 
Q. Do you know how long he had been there?—A. He had been there "about 
two or three weeks prior to the election. 

Q. Do you know Annie O. Furr?—A. Yes; h‘s wife. 

Q. Do you know her politics?—A. She is Democrat! 

Q. Was in Concord on election day?—A. Yes. 

Q. Did they move to Concord?—A. Y^es. 

Q. To make it their home? A. They moved to make it their home about two 
weeks before the election ; something like that. 

Q. Do you know A. B. Culp?—A. Yes 

Do you know the nature of his ahsence?-A. He was away; traveling man. 
Do you know his politics?—A. DeniO(*rat. 

W. A. Conelly; do you know him?—A. I’^es 
Do you know the nature of his absence?—A. No, sir; I do not 

n ’'“’A ^"I'Dosert to he a Democrat. 

Q. -Mary Ruth McNeelly, do you know her?—A. Yes. 

Q. Do you know the nature of her absence?—A. She was away 

he?nSnrmXr'bX I ‘““k; 

Q. Do you know her politics?—A. Democrat < 

Do you know Mary M. Barber?-A. Thai was her mother, she was with 

Q. Do you know her politics?—A. Democrat 

Q. Do you know Miss Vernie .To Templeton*?—A Yes 

at^Burilngtom™"' She was away teaching school 

Q. Do you know her politics?—A. Democrat. 


Q. 

Q. 

Q. 

Q. 

Q. 


CAMPBELL. VS. DOUGHTON. 


127 


Q. Do you know W. A. Sloop?—A. Yes. 

Q. Do you know tlie nature of his absence?—A. He was sick. 

Q. Do you know -his politics?—A. Democrat. 

Q. Do you know his age?—A. Yes. 

Q. Can you give his age?—A. I can give it like he gave it to me—he is 70 
years old. I will say, by way of information that the W. A. Sloop that you have 
reference to there is dead. He died about a year ago. There is nost but one 
W. A. Sloop on my book, and he is 70 years old. 

Cross-^examination for contestee by Mr. Tubnjcr : 

‘Q. You were asked about Mrs. J. E. Williford that you didn’t loiow the cause 
of her being absent, did you have any evidence before you as to her condition?— 
A. Not her condition but the condition of her husband. 

Q. I ask you if this was not it: “ To the registrar and pudges of Coddle Creek 
No. 1 voting precinct: E. Mack Deaton, being duly sworn, .soys that he is well 
ncquainted with Mrs. J. E. Williford, and knows that .she -is unable to attend 
in person at the election to be held on November 2, 1920, and cast her vote, be- 
«cause of physical disability. 

(Signed) “ E. Mack Deaton. 

“ S.worn and subscribed before me this the 1st day of,October, 1920. 

“ J. F. Fairchild, N. P.” 

A. I remember that now, but it should haye been the 1st of November. I 
-think that was the day before election. I remember It. I know that I went down 
nnd registered her and her daughter some time before that while he was sick, 
and I remember, now, Mack bringing me that and making testimony to it—I 
■didn’t know she was sick—she was not sick when I was down there. 

Q. That was 1st of November?—A. Yes; 1st of November. 

Q. Were all these absentee voters that you have been asked about duly regis- 
-tered?—A. Yes; they were all registered. 

Q. Were they qualified voters in your precinct?—A, Yes; I suppose they were. 

Q. At least, you adjudged them as being qualified, did you?—A. Yes. 

Q. Were anj'^ of them challenged?—A. No, sir. 

Q. You knew the duties of the registrar, did you?,—A. Well, pretty well. 

Q. You knew it was your duty to he on duty four Saturdays preceding the 
election?—A. Yes. 

Q. Did you obey that law?—A. I did. 

Q. Did you register everybody that came who were qualified to register?—A. 
Yes; everybody that came that was qualified to register. I did. 

Q. You knew it was not your duty to go out and register them between these 
•days?—A. Yes; I knew that. 

Q. You knew you were privileged to do so if you chose to do so?—A. Yes. 

Q. Did you register many on other than these days?—A. Yes; I registered 
as many at other times as I did on Saturdays. 

Q. Where would they see you on these days?—A. They would see me at my 
.office or at their homes. 

Q. Nearly all your mill employees were Republicans?—A. Yes. 

Q. Didn’t they register there in your office?—A. Yes; I registered all of 
them. 

Q. Did you give to everybody of both parties an equal opportunity to regis¬ 
ter?—A. Yes. 

Q. Both Republicans and Democrats?—A. Yes. 

Q. Did any Republican or Democrat fail to register by reason of any neglect 
of yours?—A. No, sir. 

Q. Was any complaint ever made of you as a registrar along that line?— 
A. No, sir. 

Q. You were requested to go out in the country and register some women or 
■ old persons, persons old and feeble and who could not get down?—A. Yes. 

Q. Did you go?—A. Yes. 

Q. Did you go for the Republicans as well as the Democrats?—A. Yes. 

Q. Wherever it was requested?—A. Yes. 

Q. Any complaint made along that line?—A. Not that I ever heard about. 

Q. So then you gave them an equal opportunity that you gave the Democrats 
to register when you were out from your office?—A. I didn’t hunt any of 

You only went wdien they requested you to?—A. I went when they asked 


128 


CAMPBELL VS. DOUGHTON. 


Q. Did you go ?—A. Yes; I went every time that anybody asked me to, 
whether Democrats or Republicans. 

Q. Of course, you were always pleased when a Democrat registered?—A. Yes ; 
I felt a heap better when a Democrat sent for me. 

' Q. Did you take your book to the cotton-mill office?—A. Yes; down at the 
main office. 

Q. You knew most all of them anyway?—A. Pretty near all of them. 

Q. Pretty nearly all of them are Republicans?—A. Ninety per cent, I should 
say. 

Q. You registered them?—A. Yes. 

Q. And you registered them in the suburbs when they could not get there?— 
A. Yes. 

Q. And in the country?—A. Didn’t register any Republicans in the country. 

Q. Nineteen at one time when you were sent for?—A. That was down at the 
cotton mill they sent for me. 

Q. You were asked why there were so many absentee votes Democratic and 
so few Republican, were you asked that question?—A. No, sir; I was not asked 
that question. 

Redirect examination by Mr. Dulin : 

Q. Did you go unsolicited to register any Democrat in your precinct?— 
A. Yes; I did. 

Q. Did you ever go unsolicited to register any Republican?—A. No, sir. 

Q. You stated a minute ago that these absentee voters were all qualified 
electors, did you not?—A. Yes; to the best of my knowledge they were properly 
registered. 

Q. And qualified to vote, I understood you to say?—A. So far as I.know they 
were. 

Q. You didn’t open these certificates on election day?—A. No, sir; I did not. 

Q. And you don’t know whether or not the proper certificate or affidavit ac¬ 
companied them, do you?—A. No, sir; I do not. 

Q. So all you know was that they appeared regular on your registration 
book?—A. That is right. 

Q. And you don’t pretend to say that they were legal voters?—A. Yes; I say 
they were legal voters, because I know if they were not legal voters they would 
have been challenged. 

Q. I am asking you what you know of your own knowledge.—A. I didn’t see 
any of them. I handed them to the judge unopened. 

Cross-examination: 

Q. You don’t know of your own knowledge whether they voted Democratic or 
Republican?—A. No, sir. 

Q. You knew their politics?—A. Part of them I knew their politics and part 
I did not. 

Mr. H. S. GROSS, being called by contestant, testified as follows: 

Direct examination by Mr. Dulin : 

Q. Are you the registrar of Concord Toynship?—A. Yes. 

Q. Were you the registrar of the election held on the 2d-dav of November 
1920?—A. Yes. 

Q. Were you at the regular polling place the four Saturdays provided by 
law for you to be prior to the election?—A. Yes. 

Q. Did you on any other days, other than those days, register any voters?—A. 
Yes. 

Q. Did you go through the precinct for the purpose of registering voters?—A. 

I went through part of the precinct. 

Q. Did you go unsolicited to the houses of Democrats and Republicans for 
registration?—A. I registered both—both Democrats and Republicans. 

Q. How much time did you spend registering people other than the four 
days?—A. One day outside of the polling place. 

Q. You say you put in one day, Mr. Gross, in registering people other than the 
days you spent at the polling place?—A. They came to my house and registered 
there during the time, but put in one day outside of the four days put in at the 
polling place. 

Q. Can you give me the names of Republicans you went to see to register • 
give me the names of any Republicans you went to see to register*?—A Mrs’ 
Mafia ley Combs, and Mrs. J, T. Adams, and IMrs. D. S. Douglas, and Mrs A a' 
or A. M. D('al, and Miss Nita Deal, the daughter. 


(’AMPBELL VS. DOUGHTON. 


129 


(). l>i(l they all live together?—A. Yes. 

Anyhedy* else?—A. I went to the i)lace one night, and they were not at 
home, to register some. 

Q. Had yon been requested to go to see them?—A. Yes. 

Q. Did you know at that time they were Kepuhlieans or did you think they 
were Democrats?—A. I knew they were Republicans. 

Q. On the day of election what time did the polls open?—A. Sunup. 

Q. And closed at sundown?—A. Yes. 

Q. Did you have an.\ absentee votes there on that day?—A. Yes. 

, Q. What did you do with the certiticates and envelopes?—A. T have them. 

Q. Did you ever return them with the records?—A. No, sir. 

Q. You kept them’?—A. Yes. 

, Q. Do you have them with you?—A. Yes. 

Q. Let me have them. [Witness gives attorney envelopes.] Do you kiu)w 
J. A. Raymer?—A. Y^es. 

Q. Do you know the mPure of his absence?—A. He was sick. 

(>. Do you know his politics?—A. Yes; Democrat. 

Q. At th(‘ time those absentee votes were cast who oi)ened th(> envelopes?—A. 

1 opcmed them myself. 

Q. Do you know iiow he voted?—A. Y>s. 

Q. How did he vote?—A. He voted the Democratic ticket. 

Q. Straight Democratic ticket?—A. Y"es. - 

Q. Do you know N. L. I.ewis?—A. Y"es. 

Q. Do yon know the nature of his absence?—A. Y^es; sick. 

Q. "NWiat was his politics?—A. Democrat. 

Q. Did he vote the straight Democratic ticket?—A. Y'es. 

(}. Do you know Arch G. Browning?—A. I’^es. 

Q. What is the nature of his absence?—A. Working in the machine shops at 
Detroit. iMich. 

Q. How long had he been in Detroit, IMich.?—A. 1 don’t know exactly, hut I 
would say he has been there about two years; but he makes this h s home. 
His father lives here in our township—liv('d there all of his life—and the hoy 
makes that his honre. 

Q. But he lias been out of the township, out of the county, two or three 
years?—A. Something like that, T think; hut he comes in on a visit. 

Q. Do you know how he voted?—A. I think I do; Democratic. 

Q. Straight Democratic ticket?—-A. I think so. 

(}. Do .vou know iM. F. Webber?—A. Yes. 

Q.. Ii>o you know the nature of his absence?—A. He was away in Vii-ginia 
working on a farm. 

Q. Do you know his politics?—A. Y'es. 

Q. What is it?—A. Democratic. 

Q. Did he vote a straight Democratic ticket?—A. Yes. 

Q. Now, as a matter of fact, hasn’t Mr. Webber moved to Virginia and bought 
a farm over there?—A. His father bought a farm, and he is just working Ids 
farm. His father lives here, and he was paying his tax here, made his return 
here. 

Q. When did they move to Virginia?—A. They just moved recently—the 
family have. 1, 

Q. Do you know Mahaley Combs?—A. Yes. 

Q. Do you know the nature of her absence?—A. Sickness. 

Q. Do you know her politics?—A. Yes. 

Q. What is it?—A. Republican. 

Q. Do you know Ytrs. D. S. Douglas?—A. Yes. 

(2. What is the nature of her absence?—A. Sickness. , 

Q. Do you know her politics?—A. Yes. 

Q. What is her politics?—A. Republican. 

(}. Mrs. W. E. Massey, do you know her?—A. Yes. 

(h Do you know the nature of her absence?—A. Yes; sickness. 

(J. Do you know her politics?—A. Yes. 

Q. What is it?—A. Democrat. 

Q. Voted straight Democratic ticket?—A. Yes. 

Q. Do vou know Mi’S. D. E. Douglas? A. Yes. 

Q. Do you know the natur-e of her absence?—A. Sickness. 

(}. Do you know hei’ jiolitics?—A. YT^s. 

Q. How did she vote?—A. Republican. 


57695—21-9 



130 


CAMPBELL VS. DOUGHTON. 




(>. Do you know Mrs. J. S. Adams?—A. Yes. 

(}. Do you know the nature of her absence?—A. Sickness. 

Q. Do you know lier politics?—A. Yes. 

(}. What is her.politics?—A. Republican. 

Q. Do y<m know ^liss Naoinie Norton?—A. Yes. 

Q. r>o you know her politics?—A. Yes. 

(L What is it?—A. Republican. 

(i. What is the nature of her absence?—A. Sickness. 

Q. Do you know IMrs. F. R. Branch?—A. Yes. 

D. Do you know the nature of her ab.sence?—A. Sickness. 

(h Do you know hei' politics?—A. Yes. 

Q. What is it?—A. Democrat. 

Q. Did she vote a straight Democratic ticket?—A. Yes. 

(h Do you know Mrs. S. J. Guy?—A. Y"es. 

(J. Do you know the nature of her absence?—A. I do. 

(h l>o you know her politics?—A. Yes. 

(). What is it?—A. Democrat. 

(). Did she vote a straight ticket?—A. Yes. 

(}. Do you know iMrs. Clyde Combs? — A. l^es. 

Q. Do you know the nature of her absence? — A. Sickness. 

Q. What is her politics?—A. Democrat. 

Q. Did she vote the straight Democratic ticket?—-A. She did. 

Q. Do you know Fred Raker?—A. I do. 

Q. What is the nature of his absence?— A. He is in Detroit. 

Q. How long luis be been there?—A. Something like two years, I suppose. I 
don’t think it is over two years. He was di.scharged out of the Army and came 
home and then went to Detroit. 

Q. Isn’t it three .vears?—A. I could not sa.y for sure, because I don’t know 
exactly what time he was discharged, but he was discharged in 1919. That 
would make it about two years. 

Q. Do you know his politics?—A. Yes. 

Q. What is it?—A. Democrat. 

Q. Did he vote a .straight ticket?—A. I think so. 

Q. Do you know Mr. A. I). Feimster?—A. I do. 

Q. Do you know the nature of his absence?—A. He is away at Delaware. 

Q. How long has be been in Delaware?—A. Ever since he has been out of 
the Army. Don’t know how long he has been out. 

Q. You can’t remember how long?—A. No, sir; I was not here at that time 
myself. 

Q. Do you know his politics?—A. I do. 

Q. AV'hat is it?—A. Democrat. 

Q. Did he vote the straight ticket?—A. Yes. 

Q. Do you know W. K. Milholland?—A. I do. 

{]. Do you know the nature of his absence?—A. Yes. 

Q. What is it?—A. He is away in Washington, working in the insurance 
business up there. 

Q. How long has he been there?—A. I would say two or three years—I 
could not say for sure—something like three years. 

(}. You can’t remember how long he has been gone?—A. No, sir. 

Q. Do you know his i)olitics?—A. He voted a mixed ticket. 

Q. Do you know how he voted for Congress?—A. I don’t remember exactly 
on Congress, but he voted for the presidential elector—he voted Republican 
elector—it was a mixed ticket, I remember that. 

Q. You don t know whether he voted for Doughton or Campbell?—A. I 
could not say. 

• Q. Do you know Roy G. Browning?—.4. I do. 

<1 What is the nature of his ab.sence?—A. He is in Washington City. 

(). How long has he been in Washington?-^A. Been there .several vears, but 
still he makes this his home, 

Q. You can’t remember how long he has been absent?—A. No, sir. 

Q. Wbat does he do up there?—A. Works in the Census Bureau. 

Q. Do you know his jwlitics?—A. Yes. 

Q. What is it?—A. Democrat. 

Q. Voted a straight ticket?—A. Yes. 

(i. Do you know Mrs. Emma C. Lunsford?—A. I do. 

(h What is the nature of-her absence?—A. Moved out of the county. 

(i. Where to?—A. Rowan County. 

Q. How long before the election?—A. About two weeks before the election. 


CAMPBELL. VS. DOUGHTON. 


131 


Q. Has she moved back since the election?—A. No. 

Q. Did she move there to live?—A. I think they moved there temporarily. 
Her husband is teaching school. 

Q. Does he do anything else beside teaching school?—A. He works in the 
summer time selling paint—last year during vacation. 

Q. Do you know her politics?—A. I do. 

Q. What is it?—A. Democrat. 

Q. Voted a straight ticket?—A. Yes. 

Q. INIiss Dessie Webber. Do you know her?—A. Yes. 

Q. What is the nature of her absence?—A. She is in Washington City. 

Q. Do you know her politics?—A. I do. 

Q. What is it?—A. Democrat. 

Q. Did she vote a straight ticket?—A. Yes. 

Q. How long has she been in Washington City?—A. About two years. 

Q. Do you know Miss Pearl Webber?—A. I do. 

Q. Do you know the nature of her absence?—A. In Washington City. 

Q. How did she vote?—A. Straight Democratic ticket. 

Q. How long has she been in Washington City?—A, About two years. 

Q. At least two years?—A. Yes. 

Q. Do you know B. Lunsford?—A. I do. 

Q. Do you kiMtw the nature of his absence?—A. Moved to Rowan County. 

Q. Do you know his politics?—A. Yes. 

Q. What?—A. Democrat. 

Q. Did he vote a straight ticket?—^A. Yes. 

Q. How' long has he been in Rowan?—A. He moved about the 15th of Octo¬ 
ber—something like that—few weeks before the election. 

Q. Do you know Miss Annie L. Bradford?—A. I know of her. 

Q. Do you know the nature of her absence?—A. She is in Washington City. 
Q. Do you know her politics?—A. Yes. 

Q. Is she a Democrat?—A. Yes. 

Q. Did she vote a straight ticket?—A. She did. 

Q. How long has she been in Washington City?—A. I don’t know. 

Q. Do you know Miss Mary Ethel Gross?—A. I do. 

Q. What is the nature of her absence?—A. She is in Washington City. 

Q. Do you know her politics?—^A. I do. 

Q. What is it?—A. Democrat. 

Q. Did she vote a straight ticket?—A. She did. 

Q. How' long has she been in Washington City?—A. About three years. 

Q. Do you know INIiss Beulah Bell Bradford?—A. I know of her. 

Q. Do you know the nature of her absence?—A. Washington City. 

Q. Do you know her politics?—A. I do. 

Q. How did she vote?—A. Democratic ticket. 

Q. Did she vote a straight *Democratic ticket?—A. Yes. 

Q. How long has she been in Wasliington City?—A. I don’t know. 

Q. Do you know S. H. Stevenson?—A. I do. 

Q. Do you know the nature of his absence?^—A. He is in school. 

Q. Do you know his politics?—A. I do. 

Q. How did he vote?—A, Voted the Democratic ticket. 

Q. Straight ticket?—A. He did. 

Q. Do you know IVIiss S. E. Sides?—A. I do. 

Q. Do you know the nature of her absence?—A. Yes; sickness. 

Q. Do you know her politics?—A. Yes. 

Q. How did she vote?—A. Democratic. 

Q. Straight ticket?—A. Yes. 

Q. Do you know IM. S. Sides?—A, Yes. 

Q. Do you know the nature of her absence?—A. Yes. 

Q. Whk is it?—A. Sickness. 

Q. Do you know how she voted?—A. Voted Democratic ticket. 

Q. Straight ticket?—A. She did. , 

Q. Do vou know Ei-nest Webber?—A. I do. 

Q Do jmu know the nature of his absence?—A. He was in Indiana. 

Q. Do you know how long he had been there?—A. I do not. 

Q. Do you know how he voted?—A. I do. 

Q. How?—A. Democratic tic^vet. 

Q. Voted the straight ticket, did he?—A. He did. 

Q. Do you know .Tohn Harris?—A. I do. 

Q. Do you know the nature of his absence?—A. Detroit, Mich. 

Q. Do you know how he voted?—A. I do. 


132 


CAMPBELL VS. DOUGHTON. 


Q. How?—A. Democratic. 

Q. Voted a straight ticket?—A, Yes. 

Q. How long has he been in Detroit?—A. I don’t know exactly. 

Q. Don’t know how long he has been there?—A. No, sir. 

Q. Can you give me some idea of how long he has been there?—A. I should 
say he has been there over two j^ears. 

Q. Do you know how long Ernest Webber has been in South Bend, Ind.?—A. 
I do not. 

Q. Did you administer the oath to all the persons you registered?—A. I 
did not. 

Q. To what proportion of them did you fail to administer the oath?—A. To 
all of them. 

Q. You didn’t administer the oath to anyone?—A. No, sir. 

Q. Did you know that the law required you to administer the oath?—A. I 
was satisfied that they had been in the State two years and in the county six 
months, and in the precinct four—I didn’t think it was necessary. I knew 
them all—didn’t think it necessary where I knew a person that way. 

Q. Did you feel like these absentees, all of them, that I had called here, 
had been in the State the required time; these absentees that lived in Wash¬ 
ington, Detroit, and South Bend, had been in the State the required time?—A. 

I thought they had, most of them were registered. 

Q. Did the chairman of the county board of elections certify a list to you 
of the absentee voters of Concord Township?—A. He did of some of them. 

Q. Do you remember the names of one he certified?—A. I don’t know that I 
could call all of them. 

Q. Have you that list?—A. I have it at home. 

Q. Did you go to the house of M. D. Lewis in one of your rounds to 
register voters?—A. Y"es; I was there at his house. 

Q. Did you register his wife while there?—A. l"es. 

Q. I will ask you if she was not at the time you visited there up to D. W. 
Sides, and that Mr. Lewis told you that if you wanted to register her that you 
could go up there?—A. She was up there, but he said it was all right. 

Q. And you put her name on?—A. Yes. 

Q. Do you know what her politics is?—A. Democrat. 

Q. So you registered Democrats when another Democrat would tell you they 
were all right; you would just put them on?—A. No, sir. He said it would be 
all right. I did in that case. 

Q. Did you ever put any Republican’s name on that you thought was all right 
or some one told you was all right?—A. I did one. 

Q. AVho w'as that?—A. A fellow James; he just told me to put his name oh 
the book. 

Q. Who told you?—A. Some one told me that he could not get out there for 
me to put his name on the book. 

Q. Is that the only Republican?—A. Yep» 

Q. Can you give me the name of how many Democrats you put on the regis¬ 
tration book that way?—A. One. 

Q. Only one?—A. One. 

Q. Do you swear that there was only one?—A. One is all I can remember; 
that is the only one. 

Q. Did you see any circulars in your township purporting to give the family 
tree of Harding?—A. I saw one. , 

Q. Where was it at?—A. It was mailed to me. 

Q. Do you know who mailed it to you?—A. I do not. 

Q. What did you do with it?—A. I destroyed it. 

Q. Did you show it to anyone?—A. I showed it to one or two—showed it 
there at home and to a neighbor that passed by. 

Q. After you had destroyed it, did you communicate the contents of that 
paper to anyone else?—A. Yes; there was one boy there near me. I told him 
about it. He is the only one I remember I communicated with and he said 
there was no truth in that. 

Q. When did you destroy it?—A. Before the election. 

Q. How long before the election did you receive it?—A. I can’t recall now 
exactly, just a few days before the election. 

Q. Did you ever see a picture of Harding, surrounded by a group of Negroes, 
circulated in your township?—A. No, sir. 

Q. Did you see it anywhere?—A. l’'es. 

Q. Who had it?—A. I saw one here at the courthouse. 

Q. Did you see it at any other place?—A. No, sir. 


CAMPBELL VS. DOUGHTON. 


133 


Q. Nobody didn’t ever exhibit it to you?—A. No, sir. 

Q. This one tliat you saw in the courthouse was framed, was it not?—A. Yes, 
Cross-examination by Mr. Lewis: 

Q. You are the rejjistrar in Concord Township?—A. Yes. 

Q. As such registrar did you stay at the polling place during the four Satur¬ 
days provided by law?^—A. I did. 

Q, What time would you go there? You went about 9 o’clock and left at sun¬ 
down; something like that?—A. Y"es. 

Q. Mr. Arch Browning, IVIr. Baker, and Mr. Feimster, they are single men and 
their fathers live in Concord Township?—A. Yes. 

Q. And that is their home?—A. Yes, 

Q. Now, Mr. W. E. Milholland, he left Concord Township and went to the 
city of Washington, didn’t he? Mr. and IMrs. Lunsford, the school teacher, he 
sells paint in the summer .some, doesn’t he?—A. Yes. 

Q. He has been teaching here in the county, living here sometime?—A. Yes. 

Q. He’goes around and teaches different places—Iredell County here is his 
home, isn’t it?—Yes. 

Q. Miss Dessie and Miss I’earl Webber, their father and mother live there 
close to Scotts?—A. Yes. 

Q. They went to Washington City and are working in Government positions? 
Mr. M. F, Webber was working in Virginia for his father?—A. Yes. 

Q. Ernest Webber’s home is in Concord Township with his father?—A. Yes. 

Q. He is a single man?—A. Yes. 

Q, Mary Ethel Gross is sister of yours?—A. Yes. 

Q. And lives at your father’s home?—A, Yes. 

Q. Miss Annie and Beulah Bradford, their home was at Loray, in Concord 
Township, and they left there to accept Government positions in the city of 
Washington, didn’t they?—A, Yes. 

Q. The two Misses Sides, they are very old ladies?—A. Yes. 

Q. Feeble and infirm?—A. Yes. 

Q. They haven’t been away from home for a long time, have they, and can’t 
leave?—A. No. 

Q. Mr. John Harris, a young man, he is a single man?—A. Yes. 

Q. His father and mother, the parents, live in Concord Township, and that 
is his legal residence?—A. Yes. 

Q. All these people that were named, their parents all live in Concord Town¬ 
ship, do they not?—A. Yes. 

Q. They are all single people, both men and women?—A. Yes. 

Q. Mr." L). E. Gryder and Mrs. D. E. Gryder and E. D. Gryder, who are 
they?—A. They live up there in our township. 

Q. Where did they come from?—A. From Virginia. 

Q. Did they live there?—A. I think so. 

Q. Didn’t they rent a farm and live there* how long?—A. About two years, 
I think. 

Q. They all three voted at this election, did they not?—A. They did, 

Q. How did they vote?—A. Itepublican. 

(h IMi*. George G. Gant, where does he live?—A. He did live close home, but 
he sold his farm and went to Virginia, to a farm in Virginia. 

Q. When was that?—A. Some time in June. 

Q. Did he vote in this last election?—A. He did. 

Q. How did he vote?—A. Republican. 

Q. You say that you registered now one Mr. James, what James was that?— 
A. I have forgotten his name. 

Q. Was it J. S. James?—A. No; it was Charlie James. 

Q. How did he vote?—A. Republican. 

Q. You say you registered one Mrs. M. D. Lewis and she voted Democratic?— 
A. Yes. 

D rpo-istrnr have vou ever heard any Republican make any remark 
about how you carried on the election?—A. Heard one. 

Q Is he a prominent Republican? —^A. Yes. He said he believed the election 

was fair, that I was fair, and Mr. --, and he was sure, all joking aside, 

he thought we conducted a fair election. 

Q. Didn’t he say about this contest that no need to bring it on because it 

was fair?—A. Yes. . , . . . 

Q. Tlie election in Concord was carried on in a fair, square way, and on a 

high plane?—A. It was. 



134 


CAMPBELL VS. DOUGHTON. 


Q. You said something about a list that I certified you, or the chairman of 
the county board of elections certified you a list of the voters who registered 
before me as the chairman, that was a written list, was it not?—A. Yes. 

Q. That is what you mean the chairman certified to you?—A. Yes. 

Q. Were all those absentee voters properly registered?—A. They were. 

Q. And had been residents of the precinct as required by law?—A. Yes. 

Redirect examination: 

Q. Do you know^ .John E. Harris?—A. That is the Harris in Detroit, I 
suppose. 

Q. Does he live in Detroit?—A. Well, he works there. 

Q. How long has he lived there?—A. I can’t recall, but I would say some¬ 
thing like two years. 

Q. When he left this country did he intend to return, or did you know his 
intentions?—A, His people are living here, make this their home, in our 
township. He is a single man. 

Q. It is true of all of these other absentee voters, at Detroit and Wash¬ 
ington, South Bend, and other places, you don’t know whether they intend to 
ever return here or not?—A. They claim this as their home. 

Q. Do you know whether they intend to return?—A. I do not. 

Q. All you know is that their people live here?—A. Y'es. 

Recross-examination: 

Q. (Reading certificate:) “State of IVIichigan, post office, Detroit, l()-25-20. 
To the registrar and judges of election. Concord precinct: I, John Harris, do 
hereby certify that I am a duly qualified elector in Concord precinct, Iredell 
County, N. C., and I inclose herewith ballot or ballots which I wish to vote 
in the election to be held November 2, 1920. (Signed) John E. Harris. Wit¬ 
ness: Fred M. Baker.’’ That certificate purports to state he is a duly qualified 
elector in Iredell County. In order to be a qualified elector this would have 
to be his residence—he does claim that Concord precinct is his residence?— 
A. Yes. 

Q. He was born and raised in Concord?—A. Y"es, sir. 

Re-redirect examination: 

Q. Do you know who signed that certificate?—A. I don’t know anything only 
what is put down there—that name is there. 

Q. You don’t know whether that is his signature or not, do you?—A. I didn’t 
see him put it there; I could not say as to that. 

Q. Do you know whether it is his signature?—A. I could not say that it was, 
but don’t look like he would sign false; I know he is a qualified voter. 

]\Ir. A. M, KENNERLY, being called by contestant, testified as follows: 

Direct examination by Mr. Dulin ; 

Q. Where do you live?—A. In South Iredell. ’ . 

Q. What township?—^A. Barringers. 

Q. How long have you been living there?—A. All my life. 

Q. Are you a qualified voter?—A. Yes. 

Q. Did you on any occasion undertake to stop Mr. Houston, the registrar of 
that precinct, in order to get your wife registered for the election of Novem¬ 
ber 2, 1920?—A. I did. 

Q. Did you have any success?—A. No, sir. 

Q. What efforts did you make to get him to stop at your house?—A. A neigh¬ 
bor of mine, a Mr. McLain, and I were out at the road. He come along in the 
car. -I throwed up my hands at him and waved. 

Q. Did he stop?—^A. No, sir. 

Q. At that time had your wife registered?—A. No, sir; hasn’t registered 
yet; unable to go to the registrar. 

Q. She was sick, was she not?—A. Yes. 

Q. You are a Republican, are you?—A. I voted the Republican ticket. 

Q. You have been voting the Republican ticket have you not?—A. Yes. 

Q. He knew that you had been a life-long Republican?—A. I suppose he did. 

Q. Did he know or did you tell him at any time of her illness?—A. No, sir 

Q. He didn’t know she was sick?—A. I think the community knew it; she 
had been laying for a year or two. 


CAMPBELL VS. DOUGHTON. 


135 


Cross7exaiiiinatioii by IMr. Lewis : 

Q. How far do you live from Mr. Houston?—A. Something like 4 or 4^ 
miles. 

Q. How far do yo\i live from the voting precinct?—A. We call it 3 miles. 

Q. Did you ever send word to Mr. Houston to come to your house?—A. 
No, sir. 

Q. Did you ever drive a car?—A. No, sir; never had my hand on the steering 
wheel when it was in motion. 

Q. Don’t you know, as a matter of fact, that a man who drives an automobile 
doesn’t look to the side of the road, but looks straight ahead?—A. I don’t 
pretend to say he does. 

Q. 'You can’t say he saw you?—A. He saw the man that was with me. He 
passed my house about 2(MJ yards and stopped and waited on my neighbor, Mr. 
McLain, a Democrat. 

Q. You never sent for him to come to your house to register?—A. No, sir. 

Q. You say he drove on 200 or 300 yards to stop?—A. Yes. 

Q. You never sent that man to him to tell him to come?—A. No, sir; did not. 

Q. ^^'hy didn’t you take your wife to the polls?—A. She was not able to go. 

Q. You never hollered at him to stop?—A. No, sir. 

Q. You don’t know whether he saw you or not?—A. I can’t say he did or 
didn’t. 

Q. Y"ou could have walked down there where he stopped and told him?—A. 
No, sir. 

(i. M'hen he sto])ped down there about a couple of hundred yards you could 
have gone?—A. He stopped long enough for INIr. McLain to come out to him and 
then he went on with Mr. McLain. 

Q. You didn’t send word to him, did you?—A. No, sir. 

Q. Your wife didn’t want to register?—A. She didn’t come out and say she 
would not vote, but said she was not in favor of it. 

Redirect examination: 

Q. But you undertook to stop him, did you not?—A. Yes; she would have 
registered if he had stopped. 

He failed to pay any attention to you?—A. He didn’t stop or make any 

halt. 

Q. Why do you think he saw the man with you?—A. Because he stopped 
therb to wait on him. 

Q. And this man you were with came on and got in the automobile?—A. No; 
he was in a wagon ; the automobile went in front and the wagon followed. 

Q. Do you know whether or not your son’s wife got to register?—A. No, sir; 
she didn’t get to register—lives in 100 yards, in the yard. He had to go up 
there to register; iMr. P. V. Brawley lives 200 yards or less distance from 
W. L. Upright. Pie went to PTj)right’s but didn’t go to Mr. Brawley’s to register 
there. 

CP Do you know of any other cases of that kind?—A. Well, he went around 
to my other neighbors, Mr. Will Hipp, off of the road; he went out there and 
registered him and his wife. 

(}. He is a Democrat?—A. Yes. 

Q. Those ladies?—A. Aunt Kate Wagoner and her daughter, Mrs. Belt. 

(p To the best of ycnir knowledge and belief, he registered the Democrats of 
the" neighborhood and skipped the Republicans, didn’t he?—A. Looked that 
way hy his actions. 

Q. Plow old are you?—A. I am going on 73. 

Recross-examination by iVIr. I^ewis : 

Q. What Wagoner ^^'as that?—A. J. O. Wagoner’s widow. 

Q. She registered and voted?—A. Ye*s. 

Q. These other people that you named registered and voted— Mr. lirawley’s 
people?—A. No, sir. 

Q. What is his name?—A. P. V. Brawley. He voted, but his wife never regis¬ 
tered—never got to. 

Q. Why wouldn’t she register?—A. Why, she was not really able to go and 
register and he passed by and didn’t stop. 

Q. Did she send for him to come there?—A. I don’t know. 

Q. How do you know all these things; did you follow this registrar up and see 
him at these places?—A. Mr. P. V. Brawley told me. 


136 


CAMPBELL VS. DOUGHTON. 


Q. You don’t know a thing of your own knowledge of it?—A. I saw hiin when 
he went to Mr.* Upright’s and could see him plain view down to Mr. McLain’s. 

Q. You say when he passed you he drove down and waited 200 yards for Mr. 
McLain?—A. Yes. 

Q. And then you didn’t send word to him that your wife wanted to register, 
by Mr. McLain?—A. I did not. 

• Q. What is your son’s name?—A. J. W. 

Q. You don’t know anything you are swearing except by hearsay-—you don’t 
know he passed by these other houses?—^A. No; I don’t know individually. 

Q. Don’t you think that if they had wanted to register they could have 
sent for him and he would have gone there and registered?—A. He might. 

Q. Wouldn’t he have come to your house if you had sent for him?—A. I be¬ 
lieve if I had sent for him he would have come to my house and registered. 

Q. You didn’t do it?—A. No, sir; I didn’t do it. 

Thursday, February 17, 1921. 

Mr. L. C. BEAVER, being called by contestant, testified as follows: 

Direct examination by Mr. Dulin : 

Q. Where do you live?—A. In Barringers township, 2 miles below Troutman. 

Q. How long have you been living there?—A. For 30 years. 

Q. Are you a voter in Barringers township?—A. Yes. 

Q. Were you at the voting precinct of Barringers township on challenge day?— 
A. Yes. 

Q. The Saturday before the election, November 2, 1920?—A. Yes. 

Q. When did you get there?—A. Somewhere between 9 and half past 9. 

Q. Whom did you see there beside yourself?—A. Mr. Hagler and myself were 
there. 

Q. For what purpose did you go to this polling precinct?—A. I was asked to 
go there with Mr. Hagler to see the poll books.^ 

Q. Went there for the purpose of preferring challenges?—A. Yes. 

Q. State whether or not the registrar of your precinct was at the polling 
place.—A. He was not there while I was there, from 9 o’clock until something 
like half past 12. I left between 12 and half past 12 o’clock. 

Q. Who is the registrar of your precinct?—A. Sherwood Houston. 

Q. Mr. Hagler left the same time you did?—A. Y^es. 

Q. Did you return to that precinct after that?—A. No, sir; not that day. 

Cross-examinafon by Mr. Lono : 

Q. Who was ]Mr. Hagler?—A. J. I. Hagler, one of the judges. 

Q. Was he tlie Democratic judge?—A. No, sir; Repul)lican judge. 

Q. Who was the Democratic judge?—A. P. A. Shinn. 

Q. Who else was tliere while you were there?—A. Me and Mr. Hagler. 

Q. You and the Republican judge of the precinct, INIr. Hagler?—A. Y^es. 

Did anyone come there?—A. No one at all came there while we were there. 

(2- I ask you if you don’t know the fact that Mr. Houston did come to the 
precinct on that day and was there?—A. He might have come after dinner. I 
was not there after dinner. 

i}. Don’t you know lie was there? — A. No, sir; I don’t know. 

Q. You don’t know that he was not?—A. No; I don’t know that he was not; 
only I knoM’ he was not there before dinner. 

Q. Were you there on election day?—A. Yes. 

(). How long were you there on election day?—A. I was there mighty near 
all day on election day. 

(}. Did you prefer any challenges*?—A. No, sir; I did not. 

(}. Why d dn t you? A. 1 here were others there who did that. I was there 
that day liauling, fetching some women in there, backward and forward, in my 
automobile. 

Q. You didn’t prefer any?—A. No, sir. 

(). You say there were others there who did prefer challenges?—A. Yes. 

(}. If any challenges were made, they were considered and passed on by the 
judges? A. I guess so I was not in the house—I was back and forth in there 

Q. You wei-e just hauling peoiile back and forth?—A. Yes. 

Q. You couhl have challenged anybody you wanted to?—A. I guess so. 

Q. 1 here was a big, full turnout of the Republicans there at the precinct that 
day. All the leaders ot your party were there; all the leaders of your party and 
likewise tlie leaders of the Democratic party were out there working for'their 
I)arties that day?—A. I think so. 


CAMPBELL VS. DOUGHTON. 


137 


Q. Not only were tlie leaders there, but you had a bij?, full, unusualIv large 
attendance of liepuhlican voters that day?—A. We had a good crowd. 

(}. The day that you speak of Mr. Houston’s not being there, what day of 
the month?—A. It was Saturday before the election on Tuesday. 

I ask you if you don’t know that on that very day, this Saturday before the 
election on Tue.sday, that Mr. Shinn, the Democratic judge, and IVIr. Houston, 
the registrar, fixed u]) and prepared the boxes there that day?—A. No, sir. 

Q. Do you know that or not?—A. I know thev were not there from 9 o’clock. 
If they did it, it was before 9 o’clock. 

Q. You didn’t see the boxes?—A. No, sir. 


IVIr. S. H. HC)USTON, recalled l)y contestee for cross-examination, testified as 
follows : 


Cross-examination by INIr. Lewis : 

Q. The voting precinct in Barringers is the old schoolhouse?—A. It was two 
years ago. 

Q. Had the county hoard of elecfons ever changed the voting precinct?— 
A, No, sir. 

Q. Were you down at the old schoolhouse on challenge day?—A. I was there 
in the morning, some time before noon—got the old boxes out, took the tickets 
out of them. The tickets were still in them that \vere voted two years ago. 

Q. Were you there all morning?—A. Yes. 

Q. Did you take your dinner with you?—A. Yes. From the time I got there— 
I went to the old schoolhouse with Mr. Shinn. We took the boxes and repaired 
them, and myself and Mr. Shinn took the boxes up to the new schoolhouse along 
about 12 o’clock or something after 12. I ate my dinner at the schoolhouse and 
Mr. Shinn went down home and ate his dinner and come back up the^i’e. I 
stayed there until after 3 o’clock. 

Q. How close does IMr. Shinn live to that old schoolhouse?—A. Something like 
100 yards. I suppose. 

Q. Were you fixing the boxes out in the yard and hammering on them’— 
A. No; we had them down to Mr. Shinn’s. One we took down and had to put a 
new lid on one—put hinges on one. 

Q. Was there any complaint made to you that they didn’t have an opportunity 
to prefer charges?—A. I was there with the registration book little after 12 
with the hooks at the new schoolhouse. 

Q. How close is that to the old one?—A. Two hundred or three hundred yards. 

Q. So you were there at the old schoolhouse, within two or three hundred 
yards of the new schoolhouse, from the morning until evening?—A. Prom some¬ 
time before dinner when I got there. 

Q. Did anybody come in the afternoon?—^A. Nobody came there. 

Q. Wliat did Mr. Shinn’s folks say?—A. Said there was a horse hitched up 
at the new schoolhouse and car or two cars at the new schoolhouse before I 
went up there. • 

Q. They didn’t come down to the voting precinct?—A. No, sir. 

Q. At the old schoolhouse there?—^A. 1 didn’t see them if they came there. 

Q. You could have seen them if they came there?—A. Yes. 


Redirect examination; 

Q. You kept your registration l)ooks at the new schoolhouse dining the four 
Saturdays of tlie registration period, did you not?—A. Yes. 

Q. OiTchallenge day you stayed up at the old schoolhouse, didn’t you?—A. I 
left my registration books and my dinner at the old schoolhouse while we were 
fixing the boxes, and went up to the new schoolhouse some time along about 12 

and stayed until evening. ^ 

O You never were at the polling precinct until after 12 o’clock?—A. I don t 
know whetlier I was at the new schoolhouse just before 12 or just after. We 

voted at the new schoolhouse. . 

Q You admit that you were not at the place where you had your reg stra- 
tion books and where'the voting was taken on election day? You just stated 
that you had your registration books at the new schoolhouse?—A. Yes. 

O And that the voting took place at the new schoolhouse?—A. Yes. 
f) \nd that you on challenge day remained at the old schoolhouse fixing 
boxes until after 12 o’clock?—A. I didn’t say until after 12; I didn’t say what 

Q. You didn’t Iiave .voiir watch with you?—A. No, sir; I didn t know what 
time it w'as I took the books up. 


138 


CAMPBELL VS. DOUGHTON. 


Q. Was Mr. P>eaver at the new sclioolhoiise when you got up there?—^A. No, 
sir. 

Q. You didn’t see Mr. Hagler either, did you?—A. No, sir. 

Ilec-ross-exainination by Mr. Long : 

Q. Could anybody have preferred a challenge about any voter on election 
day?—A. Yes; guess they could. 

Q. Was there any challenges preferi’ed?—A. I never heard a word men¬ 
tioned about challenges except what INIr. Deal said about absentee voters. 

Q. This gentleman just on the stand-was there on election day?—A. Yes. 

Q. Other Kepuldican voters were all there?—A. Yes. 

(j. The Republican judge was he there all day election day?—A. Yes. 

Q. And this Saturday before, on challenge day, was he there?—A. If he was, 
he was there in the morning before 1 got there. He was not there in the 
evening at all. I stayed there and Mr. Shinn sta.ved with me, after he ate his 
dinner, and came up there, and stayed with me until after 3 o’clock, when I 
left. 

Q. These ixdling places, schoolhouses, were in two or three hundred yards 
of each other, you say?—A. Yes. 

Q. IMr. Shinn you speak of was Democratic judge, wasn't he?—A. No; the 
Democratic judge was not there at all that I saw. ' 

Q. AVhich one of the Shinns were there?—A. Mr. Calvin Shinn. 

Q. He was not the Democratic judge?—A. No, sir. 


Mr. J. A. BRADFORD, being called by contestant, testified as follows: 


Direct examination by Mr. Dulin : 


Q. What township do you live in?—A. Shiloh. 

Q. Were you the registrar for the election held on November 2, 1920?—A. 
I was. 

Q. Were you at the polling precinct with your registration books on the four 
Saturdays required by law?—A. Yes. 

Ij. What hours did you go and what hours did you leave'?—A. Well, I usually 
went about 7 o'clock, anywhere from 7 to 8 o’clock, and I sta.ved uirt 1 sundown. 

Q. Did you register Democrats and Republicans alike on the days that you 
were at your polling place?—A. Yes. 

Q. You didn’t refuse anybody registration?—A. Yes. 

Q. Can you give the names of those >ou refused to register?—A. Henry Mc- 
T.elland was one of them, and Lonzie Hoyt’s wife another one, and Henderson 
Conner's wife another one. 

Q. On the days other than those days you served at the polling precinct did 
you go over your precinct and register voters?—A. Yes. 

Q. About how much time did you employ at this kind of reg stration?—A. 
To be fair with you, can’t tell you, because sometimes I would go at night 
a while and sometimes be out a couple of hours this inoi’ning and back in—- 
roughly estimating it, I would think something like two or three days maybe 
in all, days and nights together. 

Q. When you were out on these trii)s did you go to the Democrati • houses to 
register a I^emocrat unsolicited'?—A. No, sir. 

Q. Did you register Democrats anti Republicans alike on these ti-ips?—A. I 
did. 


me the names of any Republicans you registeiaMl on your 
one trip, that I remember, I registered IG Re- 


Q. Did you take them house for house as you came to them and reg'ster 
them?—A. Well, yes; as much as I could. I got a machine and didn't know 
much about running it at that time, and I had just had it a week, qnd all places 
I could not get in. 

Q. Can you give 
rounds?—A. Yes. 

Q. Who were they?—A. On 
publicans and 4 Democrats. 

Q. What were their names—the Republicans?—A. Mr. .1. C. Rosemond, Mrs. 
W. J. Nash, Sirs. T. I*. IMorrow, IMr. Moi’row’s mother, T don’t remember her 
initials; Mr. Morrow’s sister, IMrs. G. W. Nash, Mrs. C. W. Brown. Mrs. J. D 
Nash, Mrs. IM. F. Carter, IMrs. AV. K. Stikeleather, Mr. Charlie Stikeleather, 
he is about 21 years old; Mrs. F. F. Stewaid, IMrs. J. H. Stewart, IMrs. H. .L 
Horton. Now, another Rei)ul)lican friend there was IMr. Raymer and wife. I 
called there, but they hadn’t been in the township long enough—they said they 
were not entitled to register, and Mrs. IM. F. Nash—well, a. good 
that 1 could call over—I can call others. 


many more 



CAMPBEI.L VS. DOUGHTON. 


139 


Q. If you know of any more, call them.—A. iNIrs. Lon INIoore. ]Mrs. Lon 
Kenfield, I called there, but she didn’t rejjister; her daughter. Miss Ethel, 
registered. A good many more; I just can’t call them all. I could sit here 
awhile and think of a good many more. 

Q. These were all in your immediate neighboi-hood?—A. Yes; they lived in 
Shiloh township. 

Q. They were in your immediate neighborhood, were they not?—A. They 
were in my neighborhood; they were on the road I was traveling. 

Q. Can you give me an estimate of the number of Democrats you registered 
on your various rounds—approximately the number, if you can?—A. Well, I 
can’t tell you how many—I went to the hemes. I can’t tell you that now. On 
this one trip. I am speaking of, I registered about 10 Kepubiicans to 4 Democ¬ 
rats. 

Q. In all your trips, what proi)ortion would the Republicans be to the Demo¬ 
crats, do you think?—A. The Republicans, a great many of them, didn't give 
me a chance to go to their homes, they came to me. 

Q. I am asking you now about those you went to see?—A. Well, it would 
not average half. 

Q. You think you registered more Reiniblicans on your rounds than Demo¬ 
crats?—A. No, sir; I registered more Democrats. 

Q. Didn’t you go out with the purpose and intention of looking up Demo¬ 
crats to the exclusion of the Republicans?—A. Well, no, sir; I will be fair to 
you, I wanted them all on the book. 

Q. You had no preferences in the matter?—A. I insisted on the Republican 
friends to get them all registered—and they will tell you that when they 
come to the stand—and there would not be any confusion on the day of 
election. 

Q. On the day of election, any absentee votes cast in your ward?—A. Y>s. 

Q. What became of the certificates and envelopes from those ballots?—A. 

I just, in a sluggish way, took them home and just threw them around. I 
don’t know whether they got knocked in the lire—-they got destroyed, that is 
all I know about it. I didn’t save them. 

Q. I ask you if you didn’t put them in your pocket?—A. Yes; I told you I 
took them home. 

Q. Did you throw them in the fire?—A. No, sir; I laid them on the bureau, 
and next day I came to town, and went back and said something about them— 
I don’t know where they got to—maybe my sister had knocked them off or 
swept them in the fire. I didn’t think I was recpiired to keep them—didn’t 
think I was. 

Q. Do you know how many there were?—A. Y"ou can go to the book and 
call them*over to me and I can tell you the ones that voted absent. 

Q. Do you know W. Albert Clark?—A. Yes. 

Q. Did he vote an absentee ticket?—A. Yes. 

Q. Why was he absent?—A. He is a street-car conductor at Charlotte. 

Q, How long has he been living in Charlotte’?—A. Al)out 8 months—some¬ 
thing like that. He come from Virginia—he was off working at public work, 
at tile camp work when the war was going on—no; he was off in Virginia, 
running on street car, and come home after the war and went to Charlotte, 
and was running on a street car. 

Q. He was in Charlotte 8 months?—A. No; he was here at the primary— 
he voted personally in the primary. 

Q. He has been living in Charlotte eight months?—A. He has been down there 
something like eight months. 

Q. Is he a single man?—A. Yes; he comes home once or twice or four times 
a month. 

Q. How did he vote?—A. Voted straight Democratic ticket. 

Q. Do you know Carl Morrison?—A. Yes. 

Q. Why was he absent?—A. He was delivering ice cream in Washington. 
He was working in Washington. 

Q. Do you know how long he had been living in Washington?—A. I don t. 
He has been there something like a year; I tliink in the neighborhood of a year. 

Q Do you know how he voted? A. Y’^es, 

Q. How did he vote?—A. Voted Democratic ticket. 

Q. Straight Democratic ticket?—A. Yes. 

Q. Miss Rosa Guy, why was she absent?—A. She is teaching school here at 

Salisbury. i v 

Q. Did she vote straight Democratic ticket?—A. Yes. 

Q. Do you know Miss Mabel Stevenson?—A. Yes. 


140 


CAMPBELL VS. DOUGHTON. 


Q. AVhy was she al)sent?—A. She was soinj? to school at Red Springs, N. C. 

Q. When did she register?—A. Well, I registered her from the consent of her 
father. 

Q. Her father had yon put her name on the hooks?—A. Yes. 

Q. Where was she at that time?—A. At Red Springs going to school. 

Q. Do you know her politics?—A. Yes. 

Q. How did she vote?—A. Voted Democratic ticket. 

Q. Straight Democratic ticket?—^A. Yes. 

Q. Did yon state at election that you registered her personally?—A. I did not. 
They tried to get me to state that. I would not do it. At that time when it 
came up I really didn’t know who she was; at the time IMiss Mahel Stevenson’s 
vote came up there was some objection came up. When I opened the vote there 
was some objections came up, and I was questioned would I take the oath that 
she registered in person, Aliss Mabel Stevenson. At the time I didn’t know 
whose daughter she was. I had two families mixed up, and I would not take 
the oath to the effect that she had registered in person; but since that I found 
out whose daughter she is, and I put her on by the consent of her father. 

Q. Do you know J. S. Elliott?—A. I do. 

Q. Why was he absent?—A. He is a traveling salesman; he is only at home 
of a Saturday night. 

Q. Does he live in Shiloh Township?—A. Yes; comes home every Saturday 
night unless it is too bad for him to get there. 

Q. Do you know his politics?—^A. I do. 

Q. How did he vote?—A. Straight Democratic ticket. 

Q, Do you know Lonnie Little?—A. I do. 

Q. Why was he absent?—A. He is going to school at Raleigh. 

Q. Do you know his politics?—A. Yes. 

* Q. How did he vote?—A. Democratic. 

Q. Did he register before you?—A. He registered at the primary before me. 

Q, Miss Sue Abernethy, do you know her?—A. Yes. 

Q. Why was she absent?—A. She was unable to attend. 

Q. Did her envelope contain a certificate from a doctor that she was unable 
to attend?—A. No, sir; sworn affidavit before me. 

Q. Was that affidavit made out there on election day at the precinct?—A. 
Yes; that affidavit. I think, was made out there that day. 

(y Refresh your memory and see if you don’t think that Mr. Little signed 
a certificate there on that day?—A. Why, no; I don't think Dr. Little signed 
it. The matter came up, some objection about it—I don’t remember what 
words were passed. I had been over there the evening before myself and I 
made the affidavit that she was unable to attend. 

Q. You had seen her the evening before?—A. Yes. The matter came up and 
I think some confusion about it, and I think Dr. Little said he might have 
signed it—he said something about he would be willing to sign that. Her 
brother died on Sunday and he had been laying there for a year, or more, and 
she had lost sleep and she was very old and exposure, grief, and sorrow had 
broken her down. 

(h She went to her brother’s funeral the day before?—A. Yes; and came 
home and went to bed. 

(y Do you know her politics?—A. Yes. 

(J. How did she vote?—A. Straight Democratic ticket. 

Q. O. P. Summers, do you know him?—A. I do. 

Q. M by was he absent?—A. He has charge of a stock of goods at Nor¬ 
folk, Va. 

Q. How long has lie been living out of the State?—A. Pie has been up there 
something like seven or eight months—he has been different places. He has 
been gone, I think, over a year, but he has been at home a time or two, I 
woidd say, since he has been away. 

Q. Do you know his politics?—A. Yes. 

Q. What is it?—A. It is Democratic. 

Q. Voted straight Democratic ticket, did he?—A. Yes. 

Q. As a matter of fact didn’t he have a family living in Richmond Va _A 

His wife was out there. " , .. - . 

Q. He has been out of the State two years, or more, hasn’t he?—A. No sir* 
I think that this would be considered his home. ’ ‘ ’ 

Q. Hasn’t he been out of the State two years?—A. No, sir; he has not been 
out two years. 

Q, E. A. Moore, do you know him?—A. I do. 


CAMPBELL VS. DOUGHTON. 


141 


Q. Why was he absent?—A. He is working over here at Greensboro—was 
at that time. 

Q. How long had he been over there?—A, I just can’t tell you—he had been 
over there—he was working over there—he came home every two or three 
weeks—I could not just say. 

Q. Single man?—A. Yes. 

Q. Do you know his politics?—A. Yes. 

(2. How did he vote?—A. Democratic ticket. 

Q. Straight Democratic ticket?—A. Yes. 

Q. Do you know Hal Brady?—A. I do. 

Q. Why was he absent?—A. He is doing some Government work at M'ash- 
ington. 

Q. Do you know his politics?—A. I do. 

Q. What is it?—A. Democrat. 

Q. Did he vote a straight Democratic ticket?—A. Yes. 

Q. Do you know how long he had been in Washington?—A. He has been 
there over a year. 

Q. Hasn't he been there over two years?—A. He has been there over a year. 

Q. When did he register?—A. He registered before the chairman of the 
county board of elections, I don’t know when. 

Q. Mrs. Lloyd Elder, do you know her?—A. Y^es. 

Q. Why was she absent?—A. She was unable to attend. 

Q. Do you know her politics?—A. I do. 

Q. How did slie vote?—A. Voted Democratic ticket. 

Q. Straight Democratic ticket?—A. Yes. 

Q. Did she have a certificate from a physician?—A. Yes. 

Q. I ask you if that certihcate was not made out at the polls that day and 
signed by Dr. Little?—A. Well, slie had a certihcate from the doctor—I can’t 
say when it was signed. 

Q. When was it made out?—A. It was made out on that day—I can’t say 
where it was signed. 

Q. M'asn’t it made out at the polls?—^A. I didn’t see it made—can’t tell you— 
but it was made on that day. 

Q. Do jmii know Miss .lane Teaster?—A. Yes. 

Q. Why was she al)sent?—A. She Wfhs unable to attend. 

Q.-Did she have a certihcate from a physician?—A. No, sir. 

Q. Was there an affidavit with tlie ballot that she was sick?—A. 1 made that 
myself. 

Q. When did you see her?—A. The evening before the election. 

(2. I>o you know her politics?—A. I do. Tluit lady had been lying in her 
bed for some time—maybe a month or two. 

Q. Do you know her politics?—A. I do, 

Q. How did she vote?—A. Straight Democratic ticket. 

Q. W. W. Stewart, do you know him?—A. I do. 

(2. Wliy was he absent?—A. Unable to attend. 

Q. yo^^ know his politics?—A. I do. 

(2. How did he vote?—A. Democrat. 

Q. Straight Democratic ticket?—A. Yes. 

O. Do vou know Mrs. .Tohn Ryan?—A. I do. 

(2. Why was she absent?—A. .She was unable to attend. 

(2. Do you.know her politics? A. I do. 

Q. How did she vote?—A. A'oted Democratic ticket. She had a certificate 
from Dr. Crouch. 

Q. Do you know of any other absentee votes outside of those we have 
called?_A. Yes; there are some others come up there that there was no objec¬ 

tions to, and we didn’t vote some of them. 

Q. Did you have a ticket there, an absentee ticket from Charlie Gobble?— 


A Yes. 

Q What was his politics?—A. Democrat. It was not voted though. 

Q What wiis the objection as to it?—A. Well, just to be fair with you, I 
don’t know wlmt the objections was. I think probably there were two. One 
of them was that he was away, and another one was that he was indicted 

O Do vou know where his residence was at that time?—A. No; I don t. 
I know where his wife lives, but I don’t know where he stays. 

O Was that vote mailed to you from him direct?—A. It was mailed on 
Stonv Point route— mailed at Stony Point, if 1 am not mistaken. I don’t 



142 


CAMPBELL VS. DOUGHTON. 


believe the stniiip had been canceled. I don’t think the stamp was canceled. 

I think the stamp was put on, crossed out with a lead pencil. 

Q. Do you know Zeb Moose?—A. I do. 

Q. Do you know his politics?—A. I think he is a Democrat. 

Q. AVhat was his vote rejected for?—A. Well, I think that they contended 
that he was somewhere else—that he didn’t belong around liere, something to 
that effect. The contention was that he was out of the State, something to 
that effect, anyway, there was objection to that vote. 

Q. Can you explain why his vote should he rejected? All these others that 
had been out of the State voted.—A. INIr. Moose is a single man. He has been 
away from here a good many years, five or six years—he is not married. He 
is here sometimes and somewhere else. 

(}. He visited hack here like these other absentees, did he not?^—A. Yes; he 
visited hack here. 

Q. Among all these absentee votes, was there a single Republican vote in 
it?—A. No, sir. 

Q. How can you account for the fact that there were so many absentee votes 
cast and not any Itepuhlican votes cast?—A. I can’t account for it; I don’t 
know, guess they were just sluggish and didn’t get them up—we got up ours, 
and they didn’t. 

Q. When did you get your i-egistration hooks?—A. As well as I remember, it 
was the 29th of September. 

Q. Did the chaiianan of the hoard of elections for Iredell County, Mr. .1. G. 
Lewis, at that time give you a certified list? At the time he delivered the 
registration hooks to you he gave you a certified list of the absentee registration 
for your precinct?—A. No, sir; he didn’t. 

Q. At what time after that did he give you a certified list, if he did?—A. He 
didn’t give me one. 

Q. How did you get the names of these absentees on your registration 
hook?—A. All of them had been registered except the ones that I told you. 

Q. Hal Brady; do you know him?—A. Yes. 

Q. You stated a minute ago that IMr. Lewis did give you that name as having 
registered before him.—A. Yes. 

Q. When did he give you that name?—A. I think it was on challenge day. 

• Q. That is your best recollection, is it?'—A. Yes. 

Cross-examination for contestee by ]Mr. Long; 

Q. Did you register all Republicans who qualified, in your opinion, to regi.ster 
who applied for registration?—A. Yes. 

Q. Did you do anything to avoid registering any Republican in your town¬ 
ship?—A. I did not. 

Q. Did you give to all voters in your township equal privileges of registra¬ 
tion?—A. I tried my best to. 

Q. Did you have any complaints made to you by any parties that Republicans 
hadn’t been registered?—A. I did not. 

Q. Not\', IMr. Bradford, in traveling around through your township I believe 
you stated awhile ago that you registered many Republican voters and went to 
their homes?—A. Yes. 

Q. At what time of the registration period did you make your visitations to 
the township; toward the latter part or what time was it?—A. It was toward 
the latter part. • 

Q. You were out seeking those voters who hadn’t registered?—A.* Yes. 

Q. Of both parties?—A. Yes. 

Q. Did any Republicans request you to go anywhere that you refused to go 
to register them?—A. AVell, the calls were so great on the’last that I could 
not fill them all. 

Q, Of both parties?—A. Yes. 

Q. That was at the last?—A. Yes. 

Q. I ask you, as a fact, that up to the time you began to hunt up the vote, 
if the great majority of the male voters of your precinct were not already 
registered?—xV. They were all registered except one now and then, except 
when a young boy would come of age—nobody to register but the ladies 

Q. So the voters that were off the books thiit you were endeavoriiiir to get on 
were new voters, and that was the woman vote?—xV, Yes. 

Q. That was the first time they registered?—xV. Yes. 

Q. You say right at the close there were some requests made you could not 
comply with?—A. I had a telephone message on the 28d. The books closed on 


143 


CAMPBELL VS. DOUGHTOK. 

the 28(1. It was from a Democrat to come re^ster his folks that evening, but, 
of course, I could not go. 

Q. Did you use any discrimination?—A. I tried not to. There were two 
registrants at this home that I didn't go to. 

Q. That was Democrat?—A. Yes; good many more I could mention. 

Q. You used no discrimination?—A. No, sir. 

Q. They asked you awhile ago about the registration of Miss Stevenson, 

I understood you to tell the court that she was al)sent at school and you regis¬ 
tered her through her father?—A. Yes. 

Q. She was a Democrat; wasn’t she?—A. Yes. 

(). Did you likewis*e ivgister any llepublicans under the same circum¬ 
stances?—A. Yes; I registered both alike; about as many of one as another. 

C^. Can you give the name of any Republican that you registered likewise?— 
A. No, sir; I can’t. 

Q. I am afraid you don’t understand nu"^—did you register any Republicans 
who v;ere absent at the registration time by the recpiest (»f their ])ar('nts or 
any of their frimrds, who lived away from the township and didn’t apply in 
person to you for registration?—A. Well, yes; I la^lieve 1 registerrHl; I can recall 
a couple. 

Q. Who were they?—A. Mrs. W. R. Pope and Mrs. W. E. St keleather. 

Q. You didn’t see them in person?—A. No, sir. 

() Yon registered them on your book?—A. Y'es. 

(1 Tlu^y were Republican voters?—A. Yes. 

Did they vote the Republican ticket at your polls?—A. I am not certain. 
ISIrs. St.keleather at that time I didn’t want to call on her because I didn’t think 
I ought to. I registered her from her husband, and I don’t know whether she 
voted or not—I can’t say whether she voted or not. 

Q. She was a R(d)ublican voter?—.V. I believe she did vote, but I can not be 
(pialitied. She is on the book if she voted. 

Q. Tlujse who voted are on the poll book kept at the election—did you check 
the poll book? Y^ou kept a poll book at the polls of those who voted and how 
they voted?—A. Yes. 

Q. Would you know if you referred to that poll book whether this party voted 
or not?—A. Yes. 

(). You assisted in checking this poll book?—A. Yes. 

(^. Who was the other one?—A. Mrs. R. K. Pope. 

Q. Did she vote?—A. Yes. 

Q. Did she vote the Republican ticket?—A. Yes. 

(It is admitted by attorney for c(mtestant that IMrs. Pope and IMrs. Stike- 
ieather voted.) 

Q. If IMi’s. Stikeleather and Mrs. Pope voted, what did they vote?—A. They 
voted the Republican ticket. 

' (^. You have been questioned here as to whether there were any Republican 
absentee votes at the election?—A. There were none. 

Q. I ask you if there were any Republican absentee votes sent to you or 
l)reseiited to you at any time or any way or tenderiM for voting?—A. No, sir. 
The \'otes that were given to me were opened up there that day. 

(i. All the absentee votes that were sent to you were duly presented to you 
at the eh'ction?—Yes; opein^d up and read out to the whole crowd. 

Q. If there were any absentee Republican voters and they were not presented 
.there, was it any fault of yours?—A. I didn’t feel that way about it; I don’t 
think it was my fault at all. 

Q. I ask you, Mr. W'. Albert Claris an absentee voter, I understood you to say 
lie was working in Charlotte?—A. Yes. 

Q. Is Shiloh Township his home and his voting precinct?—A. Yes. 

Q. I ask you about Mr. Carl IMorrison; I understood you to say he was em¬ 
ployed in Washington, D. C.—A. Yes. 

Q. Is Shiloh Township his home, his residence, and voting precinct?—A. Yes. 

(}. Was he duly registered there?—A. Ytes. 

(^. I believe you know of your own knowledge and general knowledge that 
people can not and do not vote in the District of Columbia?—A. Yes. 

Q. Do Mr. Clark’s and Mr. Morrison’s parents live in Shiloh Township?—A. 

Yes. 

g. I ask you about Mr. E. A. Moore; I understood you to say that he was 
employed in Greensboro, N. C.—A. Yes. , 

(}. IIis i-esidence and home and voting precinct is in Shiloh Township?—A. 

It is. 


144 


CAMPBELL VS. DOUGHTON. 


Q. He comes home at times?—A. Yes. 

Q. Maintains his residence there?—A. Yes; probably every week he comes 
home; I could not say. 

Q. Mr. Hal P>rady, where is he?—^A. In Washington. 

Q. What kind of work is he employed in?—A. Government work. 

Q. Is Shiloh Township his residence, home, and voting precinct?—A. Yes. 

Q. Is he duly registered there and makes that his home?—A. Yes. 

Q. Mr. J. S. Elliott, where is he?—A. He is selling snuff. He is a traveling 
salesman. 

Q. Do his parents live in Shiloh?—A. His mother does; he owns a home in 
Shiloh. 

Q. He is duly registered there?—A. Makes that his home; yes. 

Q. Mr. O. P. Summers, where is he?—^A. At Norfolk, Va. 

(i. Is Shiloh Township his residence, home, and voting precinct?—A. Yes; I 
should think so. 

Q. He has never changed his residence, so far as you know?—A. No, sir. 

Q. He is a duly qualiiied registrant and registered?—A. Yes. 

Q. JNir. Charlie Gobble, what was it about him—I believe his vote was re¬ 
jected?—A. If I understand it right, there was two objections come there; I 
don’t know which one had the weight. 

Q. His vote was presented, passed on, and refused?—A. Yes. 

(}. It was not voted?—A. Yes. 

Q. He is a Democrat?—A. Yes. 

Q. And his wife lives in that township?—A. Yes. 

Q. Zeb IMoose, where is he?—A. He is in South Carolina. 

Q. At work in South Carolina?—A. Yes. 

Q. Is Shiloh Township his home and residence and voting ijrecinct?—A. I 
think so; that is where his m^'ther lives and that is where he calls his home. 

It was presented for voting?—A. Yes. 

(}. For some reason it was rejected?—A. Yes. 

Q. He didn’t vote?—A. No, sir. 

Q. To refresh your memory, I ask you if Mr. John G. Lewis, as chairman of 
the county board of elections, didn’t take you the certified name of Mr. Hal 
Brady and on investigation you found he was dul.v registered on your book; was 
already registered; is that true?—A. Yes. 

Redirect examination by Mr. Dultn ; 

i}. You stated in reference to IMrs. W. E. St keleather and Mrs. Poi)e, under 
my examination, that you were not certain whether they voted or not, did you 
not?—A. Well, I am certain about IMrs. W. K. Pope, l)ut the reason I answered 
that I was uncertain at that time about iMrs. Stikeleather. 

Q. You are still not certain about IMrs. Stikeleather?—A. If she was on the 
poll book she voted. I helped keep the poll book, and I think it was kept right.' 

Q. Did you see these parties vote?—A. I can’t swear they did, but if it is 
on the poll book they voted. 

Q. Did you see them vote?—A. I can’t say that I did. 

Q. So you can’t swear whether they voted for Dr. Campbell or not, can you? 
If you didn’t see them vote and didn’t see their ticket, you can’t swear they 
voted for ii'm, can you? If you didn’t see their ballots,‘didn’t see them cast 
their vote, could you swear that they voted for Dr. Campl)ell'?—A. Well, I 
didn’t see their vote, but I told you I would almost be willing to swear that they- 
voted for Dr. Campbell. 

Q. Did you swear the voters that applie.d to you for registration?—A. Some 
of them I did and some I didn’t. 

Q. About how many did you put on without applying the oath and about how 
many that you did apply the oath?—A. I can’t give you a sensible answer to 
that. I tell you the way I went at that. Where I knew a man and knew he had 
been there and was a qualified voted I didn’t administer the oath; where I 
didn’t know him I did. 

Q- Do you know how many jmu put on the book, or have you any idea how 
many you put on the book without seeing the parties at the time you registered 
them? Could you give me an estimate of that number?—A. Well,’to the best of 
my recollection it was about four. 

Q. Did you put anybody on the registration book after the second Saturday 
before the election, after the books closed?—A. Yes. 

Q. Can you give me an estimate of how many?—A. Two of them. 


CAMPBELL VS. DOUGHTON. 


145 


Q. (Jive me the names of them, please.—A. INIr. G. W. Brown or Mr. (jeorge 
Brown and Mr. Rolliii Moore. U. L. is liis initials. There are just two of them. 

(j. Dal you have anybody to take the hooks and go to see people for you and 
ascertain whether they were for registration or not?—A. No, sir; I did not. 

Q. Ditl you put anyone on the registration hook the day of the election?—A. I 
put those two on that day. They came of age after the registration hooks closed. 

Becross-examinatioh : 

Q. You say you registered Mr. George Brown?—A. Yes. ' 

(>. And Mr. It. I.^. Moore?—A. Yes. 

Q. 1 ask you if Mr. George Brtnvn and Mr. R. L. IMoore didn’t come of voting 
age after your hooks were closed?—A. Yes. 

Q. And you registered them under the law, as you understood it?—A. Y^es. 

(i- Because you thought they were entitled to he registered?—A. Yes. 

Q. Did ]Mr. George Brown vote?—A. Y"es. 

Q. How?—A. Republican ticket. 

Q. Did Mr. Moore vote?—A. Y"es. 

How did he vote?—A. Voted the Republican ticket. 

Re-redirect examination: 

Q. They were qualified electors?—A. Yes. 

Mr. J. H. STEM'ART, being called by contestant, testified as follow«* 

Direct examination: 

Q. In what township do you live?—A. Shiloh. 

Q. How long have you been living there?—A. Forty-seven years, with the 
exception of six—41 years. 

Q. Are you a voter in Shiloh precinct?—A. Yes. 

Q. Were you at the preciiul on election day, November 2. 1920?—A. Yes. 

(^. Go ahead in your own way and tell of any irregularities that you know 
of.—A. I am not so very well posted on the election laws. I should be; I was 
a poll holder iq) there. The first irregularity I noticed I got there just about 
sunup and tliere was no place to vote at, and it was not ready. 

(). What time did the polls oi>en?—A. Five minutes after 8. 

Q. What was the reason for the delay?—A. The biggest reason was that 
Austin Watts went to Alley Bradford, the registrar, and took him out, and then 
Austin had a cami)aign to make that day—had some speeches he wantefl to 
make on this amendment—and wanted him to wait until he made the speeches. 

(). Did he make the speeches?—A. Yes; about a half dozen during the day. 

Q- Ho you know of anything else?—A. The biggest irregularities that took 
place was in the absentee votes, in my judgment. 

Q. Did j^ou see any of the Negro pictures around ii> Shiloh Township?—A. No, 
sir; I never saw any. 

Q. Did you see the paper purporting to be the family tree of Mr. Harding?— 
A. No, sir; I never saw it. 

(’ross-examination by Mr. Bickett: 

Q. Do you know of anybody there that day foi- the i>uriK)se of voting that 
didn't have an opportunity to vote and who was duly qualified?—A. They voted 
aftei' so long a time; tliey were detained several times. 

Q. What time did you get there?—A. Just about .sunup. 

(}. Did you assist in getting the boxes ready?—A. I did. 

Q. And everybody who was there desiring to vote did so?—A. Yes; but after 
everything was prepared it was 40 minutes before we voted. 

(j.' (Jan you give me a synopsis of the speech that IMr. Watts made on the 
amendments?—A. I can’t. I was calling him down, wanting him to let the 
people vote. I am no orator and very short-minded on anything that is not 
concerning me. 

Mr. W. B. GANT, being called by contestant, testified as follows: 

Direct examination by Mr. Dulin : 

(^. Where do you live'?—A. In Sliiloh Township. 

Q. Are you a voter in ,Shiloh preciJict?—A. Yes. 

Q. Were you at the election on Novemljer 2, 1920?—A. Yes. 

C^. Did you as.sist in the counting of the ballots?—A. Ye.s. 



146 


CAMPBELX. VS. DOUGHTON. 


Q. Who helped you?—A. Mr. Brady. E. D. Brady and myself counted the 
majority of the ballots. 

Q. What time did the counting begin?—A. I think it was about 1 o’clock. 
There was an agreement that we go to counting out the ballots so we could get 
through earlier in the evening, and they appointed Mr. Brady and myself to 
count the ballots and we counted until we were pretty near done when they 
got through voting, and Mr. Brown and Mr. Watts counted just a few, I think. 

Q. Did you tind anything unusual in counting out the ballots?—A. Mr. 
Brady and myself didn’t. Mr. Brown and Mr. Watts found a ballot pinned 
together, the whole ticket. 

In what box was that?—A. I am not positive whether it was in the 
National or State box, one or the other, best of 1113 ^ recollection. 

Q. Was that a straight Democratic ticket?—A. It was a straight Democratic 
ticket except the Congressman. It had no ticket on for rhe Congressman what¬ 
ever. 

Q. What was done with that ticket?—A. It was voted. 

Q. Who voted it?—A. Mr. Watts had it voted. IMr. Stewart objected to it, 
but he ruled that it should go in, and they objected to it going in ; but they 
put it in anyway, and also picked up a ticket of Mr. Doughton’s and put it in 
also. 

(y Who picked up that ticket?—A. Mr. A. D. Watts. 

Q. In whose name was that ballot cast?—A. I don’t think there was any 
name put down for it at all. 

Cross-examination by Mr. Bickett : 

Q. That agreement was entered into by both sides, the liepublicans and 
Democrats?—A. Yes. 


:Mr. J. H. STEWAIiT, being recalled by contestant, testified as follows: 

Direct examination by Mr. Dulin : 

Q. Did you see the absentee votes counted?—A. Yes; I made a record of it 
or had it done. 

Q. Were the ballots in the envelopes, the tickets themselves?—A. Part of 
them were and part were not. 

Cy Those that didn’t have tickets in them, what about them?—A. I didn’t 
understand it, just a certificate and they picked up a ticket and distributed it 
out. 

Cy You don’t know how many there were of that class?—A. There was a 
number of them, three at least. 


Cross-examination by Mr. Bickett: 

Q. You know that the la\V provides that a man can send in a certificate and 
just say, “ I desire to vote for every nominee of the Bepublican Party or the 
Democratic Party”?—A. No, sir; I do not. 

cy ihey just had a little piece of white paper?—A. I never got to see what 
was on the r)jiper; I never got a chance to. 

cy What was the color?—A. White. 

Q. In all the crowd they picked up a string of ballots and put 
boxes?—A. Yes; that is what was done. 

Q. You were one of the judges?—A. Yes. 

Q. And that night you counted out the vote after the voting was 
A. Yes. 


them in the 


all over?—. 


Q. And you certified the returns?—A. Yes. 
cy And you signed it?—A. Yes. 


Mr. N. F. BLAOKAVELDKIl, beinj; called by contestant, testified as follows: 

Dii‘ect examination by Mr. Dulin: 

cy "W ere yon a registjar at the election of November 2 19^0'^_ A Yp« 

cy In Bethany Townsliip?—A. Yes. • , - . . ves. 

(J. Were yon at the poll ns precinct on tiie diiys required by law for the 
purpose of i-eg stenng ]teo])l 8 ?—A. I was. * ' 

Q. Wei-e you there on those days?—A. I was 

Q Wliiit hours did you observeV—A.'I went there anywhere from 7 o’clocl- 
to 8 every niornin?, and sta.yed untii sundown. i o i i o cloth 

at‘thrpr«Zt'?-A.‘''Yes.''''’'’‘'''' that you were there 


CAMPBELL VS. DOUGHTON. 


147 


Q. Did you canvass your precinct for Democratic voters and Republicans?— 
A. Yes; and if you will allow me to say so- 

Q. Did you register, on your rounds, Democrats and Republicans alike?— 
A. I did, except in one instance. 

Q. Give that instance.—A. In regard to Mrs. Avery Fry, I passed her bouse 
and didn’t stop. 

Q. Is she the only Republican in your precinct that you passed by?—A. 
No, sir. 

Q. Then there were others? How' many did you pass by?—A. I passed two, 
if my recollection serves me right, besides her. 

In other words, you stopped and registered all Republicans in your pre¬ 
cinct except three?—A. P^xcept three, to my knowledge, that hadn’t already 
heretofore been registered. 

Q. How many Democrats did you go to see and register by that method?— 
A. I could not tell you just exactly; I would say as many as 15. 

(.}. Is that the amount of Democrats, or is that all you registered except the 
ones you registered on the registration days?—A. No, sir; that is not all of 
them. I registered a number of them at my home—Republicans and Democrats. 

Q. Were there any absentee votes cast in your precinct on election day?— 
A. Two. 

Q. What did you do with the certificates?—A. I have them in my pocket. 

Q. Let me see them. [Witness hands certificates to attorney.] Do you know 
G. W. Payne?—A. I do. 

Q. Did you open his ballot on election day?—A. I did. 

Q. Do you know his politics?—A. Don’t know anything, only what certificate 
says. 

Q. Were the ballots inclosed in with this certificate?—A. They were. 

Q. Where does Mr. Payne live?—A. I don’t know. 

Q. Does he live in your precinct?—A. No, sir; not now. 

Q. How long has he been away?—A. I could not tell you. He comes back 
and forth there tolerably regular. I have been told he was working on the 
I’anama Canal. I don’t know that; I have been told that. 

Q. You didn’t see his ballots that were in this envelope?—A. Yes; I saw 
them. 

Q. Do you know how he voted?—A. Well, they were Democratic votes. 

Q. Straight ticket?—A. Yes; straight ticket through and through. 

Q. Do you know^ W. Edwards?—A. I do. 

Q. Where was he?—A. He was at work at Winston at that time. 

Q. How long had he been out of the township?—A. I could not tell you how^ 
long; he goes out and comes back. His home is in Bethany Township. His 
wife is living out there. 

Q. Is he living with his wife or has he deserted her?—A. He has not de¬ 
serted her that I know of. There is some difference that I am not familiar 
with that he doesn’t stay at home regularly ; but that is his home and he 
comes backwards and forwards there and has voted there every year since he 
become of age. 

Q. Do you know his politics?—A. I do. 

Q. How did he vote?—A. Voted Democratic ticket straight. If you will 
allow me, I think the voter is here. I saw him come in just now. If you want 
to refer to him, I would be glad to have him come up. 

Q. You were there during the election, were you?—A. I was. 

Q. All day?—A. All day. 

Q. At any time during the day did you leave the precinct?—A. I went out of 
the door a time or two. I didn’t leave the precinct. 

Q. Did you take the registration book with you?—A. No; I didn’t take the 
registration book out of the door at all. 

Q. Did you put anyone on the registration book after the period was closed 
for registration?—A. No, sir; if my recollection serves me right I didn’t. 

(). When you received the registration book of your precinct did you receive 
Avitli it a certified list of the absentee voters for your precinct?—A. No, sir; not 
then. These two votes that came to me came through the mail. Their names 
Avere already on the registration book. 

Q. Do you know M. PI Phdson?—A. Y’^es. 

ty Do you know his politics?—A. I do. 

Q Hoav did he vote?—A. Democratic ticket. 

Q. Straight Democratic ticket?—A. So far as I knoAV he did. 

Q. Do you know W. M. Jacks?—A. I do. 



148 


CAMPBELL VS. DOUGHTON. 


Q. Do you know his politics?—A. I think I do. 

Q. How did he vote?—A. I could not tell you how he voted. I think ..o 
voted Democratic ticket, though I didn’t see his ballots. He got them there 
and voted, and I didn’t see them. 

Q. Do you know H. F. Morrow?—A. I do. 

Q. Do you know his politics?—A. I think so. 

Q. How did he vote?—A. Voted Democratic ticket. 

Q. Straight ticket?—A. I think so. 

Q. Do you know Ben Myers?—A. Yes; I know Ben Myers; I think he is here. 

Q. Do you know his politics?—A. I am not sure that I do, hut I think he is 
Republican. 

Q. Do you know L. N. Scott?—A. I do. 

Q. Do you know his politics?—A. I think he is a Democrat. 

Q. Do you know whether he voted straight Democratic ticket or not?—A. 1 
don’t know how he voted. I am not sure he voted straight Democratic ticket. 
I know that heretofore he has been Democrat—didn’t see the ballot he cast. 

Q, Do you know S. M. Summers?—A. I do. 

Q. Do you know his politics?—A. Yes. / 

Q. How did he vote?—A. Democratic ticket. 

Q. Did he vote straight ticket?—A. So far as I know he did. I didn’t examine 
his tickets. 

Q. Do you know Fletcher Thomas?—A. Yes. 

Q. Do you know his politics?—A. I think I do. 

Q. What is he?—A. Democrat. 

Q. Did he vote the Democratic ticket?—A. So far as I know he did—I didn’t 
see his ballots when he cast them. 

Q. Do you know C. W. Hays?—A. I know the three Hays boys in my town¬ 
ship, but that is not the initials of either one. 

Q, Do you know John B. Wilson?—A. I do. 

Q. Do you know his politics?—A. Well, I don’t. I tell you I don’t know that, 
but I was told that it was Democratic. 

Q. Do you know Lester Wall?—A. Yes. 

Q. Do you know his politics?—A. Yes. 

Q. How did he vote?—A. Voted Democratic ticket. 

Cross-examination by INIr. Long: 

Q. You were at the polling place with your books required by law the four 
Saturdays?—A. I was. 

Q. Did you offer to all applicants for registration an opportunity to regis¬ 
ter?—A. I registered everyone that applied to me for registration. 

Q. I understood you to say that you had traveled some around your town¬ 
ship?—A. I did. 

Q. At what time in your registration period was that?—A. On Wednesday 
and Thursday before the books closed on Saturday. 

Q. At the closing period?—A. Right at the closing period. 

Q. You were seeking those voters who hadn’t at that time registered ?—A. I 
was. 

Q. Up to that time T ask you if it is not a fact that the great body and bulk 
of your manhood of the township was already registered?—A. Yes; except 
about two men. 

O. Of both ])arties?—A. Yes. 

O. But you were especially looking for the new voters, the women voters 
and those come of age?—A. I was, 

Q. Did you visit and register any Republicans in your visitations?—A. Y^es. 

Q. About how many?—A. Yes; I know how many I registered. 

O. How many?—A. About 10. I have the names. 

Q. That was on the part of your own efforts in your traveling around the 
precinct?—A. Yes; I registered 10. 

Q. Did you have any complaint on the part of any Republican about not hav¬ 
ing an opportunity to register?—A. Bebn no complaint brought to me so far as 
anything I did in regard to the registration in the township. 

Q. Did you have a full, heavy Republican vote in the township this vear'i’_ 

A. Yes. 

Q. You spoke a while ago of some -absentee voter that was in Roanoke —A T 
didn’t say Roanoke. 

Q. Working on the Panama Canal?—A. Y('s. 


CAMPBELL VS. DOUGHTON. 


149 


Q, Do you know of your own knowledge that he is working for the Govern¬ 
ment?—A. I don’t know that. 

Q. His voting precinct is Bethany Township?—A. So far as I know it is. 

Q. He voted in the primary there?—A. Yes. 

Q. He is registered there?—A. I registered him myself. 

Q. You have no knowledge of him changing his residence?—A. To my knowl¬ 
edge he has never changed his home or voting place. 

Q. You registered him?—A. Yes. 

Q. He told you that was his residence and qualified as a voter?—A. Yes. 

Q. I believe you said that Mr. Lewis didn’t give you any certified list of the 
absentee voters?—A. No, sir. • 

Q. Were they registered on the book?-—A They were. 

Q. Were there any Republican absentee votes? Were there any absentee 
vmtes sent to you by mail and delivered to you in any way which you didn’t 
vote at all?—A. These are the only two that ever came to me. 

Q. These are the only two that ever came into your possession that you 
know anything about?—A. These are the only two. 

Q. They asked you awhile ago if you didn’t step out of the room at one time 
during the day?—A. I did. 

Q. Where was your registration book at that time?—A. On the table. 

Q. The Republican judge was there?—A. Yes; both judges were there. 

Q. The election officers had charge of the election and the books?—A. Yes. 

Q. Anything else you want to say?—A. I want to make an explanation in 
regard to the Republican voters I didn’t register. In regard to Mrs. Frye, I told 
you I passed her house. Her son brought Mrs. Jenkins, Mrs. Jones, and Mrs. 
Reavis down to the registration, polling, place, and I registered them; and I 
said to him, “Are you not going to bring your mother down? ” He said, “ Yes; 
she wants to come down to your home and spend the day at your home, and 
she didn’t want to come down here to-day. She didn’t know whether there 
would be any ladies here or not, and so wanted to go down to your house,” and 
I said, “ Bring her down.” If he is here he will testify to that himself. And 
that was all there was of it. And Mrs. T. W. Sharpe—I am not sure that is 
the initials—lives down there on Mr. Wallace’s farm. I didn’t stop at her 
home. I passed as close as from here out to the door from me. I didn’t know 
whether I ought to say why I didn’t stop or not. There was squally times 
around there at that time, and I drove on at that time. Then Mrs. N. D. 
Payne—after I was over at Mr. McLelland’s I learned there from reliable 
source that Mrs. Payne was not going to register and she was not going to 
vote; and then a sister-in-law, and a cousin, too, if I don’t mistake—Mrs. Tiny 
Harmon—I didn’t stop at her house, because I can prove to you that she 
said she was not going to register and she was not going to vote. 

Q. You just heard that?—A. Y^es; but it come pretty straight. Her father 
told it; and if she had registered! and voted she would vote the Democratic 
ticket, and I didn’t stoi)—I didn’t want to raise any confusion in the family, 
and I knew it would make some hardness there if I went. 

Q. Did you hold your books open at all times during the period ?-r-A. Yes. 

Q. Were you sent for or requested to go anywhere that you didn’t go?— 
A. No, sir;" I went everywhere I was requested and went where I was not 
requested, both Republicans and Democrats. 

Redirect examination by Mr. Holton: 

Q. You produced this letter and envelope, did you [referring to letter and 
envelope] ?—A. Yes. 

Q. That contained the ballot of Mr. C. W. Payne?—A. Yes. They were 
mailed to me, and I got them out of the mail. 

(Exhibits D and E are offered in evidence.) 

Contestant’s Exhibit D. 


C. W. Payne, Statesville, N. C. ^ , x- n 

[Not to be opened till 3 p. m. on day of election.] 

N. F. Blackweldek, Registrar, 

Bethany Precinct, 

Dunlap, Iredell County, 

North Carolina, U. 8. A. 


150 


CAMPBELL VS. DOUGHTON. 


Contestant’s Exhibit E. 

CERTIFICATE TO BE SIGNED BY ABSENT VOTERS. 


Statesville, N. C., October 21, 1920. 

To the registrar and judges of election, Bethany precinct: 

I. C. W. Payne, do hereby certify that I am a duly qualified elector In 
Bethany precinct, Iredell County, N. C., and I inclose herewith; ballot or ballots 
which I wish to vote in the election to he hold November 2, 1920. 

' C. W. Paynb 

Witness: 

J. G. Lewis. 

Q. Exhibit D contained the ticket and certificate of the vote of C. W. Payne, 
did it?—A. Yes. 

Q. You opened that at the day of the election?—A. Yes. 

Q. And the ballot went in?—A. Mr. Harmon, the judge, put ballot in. 

Q. Another ballot is handed you. Exhibit F; did that go the same way?—A. 
Yes. 

(Exhibit F offered in evidence.) 

Contestant’s Exhibit F. 

W. F. Edwards, Statesville, R. F. D., N. C. 

[Not to be opened till 3 p. m. on day of election.] 

N. F. Blackwelder, registrar, 

■ Bethany precinct, 

Dunlap, Iredell County, 

North Carolina, U. S. A, 

Q. In that was inclosed the certificate marked “ G.” 

(Exhibit G offered in evidence.) 

Contestant’s Exhibit G. 


certificate to be signed by absent voters. 


Statesville, N. C., October IJf, 1920. 

To the registrar and judges of election, Bethany precinct: 

I, W. F. Edwards, do hereby certify that I am a duly qualified elector in 
Bethany precinct, Iredell County, N. C., and I inclose herewith ballot or ballots 
which I wish to vote in the election to be held November 2 1920 


Witness: 

J. E. Lewis. 


W. F. Edwards. 


Mr. J. C. HARMON, being duly called by contestant, testified as follows: 

Direct examination by Mr. Holton : 

Where do you live?—A. Bethany township. 

Did you have anything to do with last election?—A. I was iudo-e 
Who was registrar?—A. IVIr. Blackwelder. 

Do you know Mr. C. W. Payne?—A. Yes. 

How long have you known him?—A. About 30 years, I guess 
How far do you live from him?—A. About half a mile 

He'was in Panama. 

.r. —A. He has been fliere about three rears 

.. think; but he made a visit home; I think he came in Mav * 

Q. Last May?—A. Ys. 

Q. Has he been back since?—A. No, sir; lie left the 12th of July 
Q. Hasn’t been back since?—A. No, sir. 

Cross-examination by Mr. Lewis : 

to PaMmL*" Bethany Townsliip?-A. He was before he left and went 

Q. He is woiking for the Panama Canal—for the Government’—A No sir* 
he IS running a barber shop m Panama. ’ 


Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 


CAMPBELL VS. DOUGHTON. 


151 


Q. His father and mother and all his people live in Bethany —A. Yes. 

Q. He is a single man? Came home in the spring and registered?—A. He left 
the 12th of July—I don’t know whether he registered or not 

Q. He voted there in the primary, didn’t he?—A. No, sir 

Q. Do you know that to he a fact?—A. I know that to he a fact. 

Q. Were you at the primary?—A. Yes. 

Q. You were a judge there?—A. Yes. He was on the place, hut he d'dn’t 
vote. 

Q. He was at home during the primary?—A. Yes. 

Q. Been registered a long time?—A. I could not say as to that. 

Q. He is registered, is he?—A. Y^es; he is registered there. 

Q. Been voting there in previous elections, hasn’t he?^—A. 1 don't i-ecall now 
whether he did or not. 

Q. You didn't challenge him when his vote was cast?—A. I told them I 
didn’t think he had a right to vote. 

Q. Wasn’t it decided by the judge and registrar that he was qualified to vote, 
and you so decided?—A. They told me if I didn’t let him vote that I was 
liable to he indicted. 

Q. Who told you that?—A. Mr. Wooten; and asked Neill if he would put 
his t'ckets in the envelopes and cariw them to the county hoard of elections; 
whatever they said about it that it would he fair—that is the words I told 
them, and refused ; said he would put the certificate and bring that in. 

(). Cntil the vote was opened you thought INlr. Payne was a Republican 
voter?—A. No, sir. 

(). Didn’t you say you had one apiece there. Democrat and Republican, and 
it was talked there at the election?—A. No, sir; didn’t hear it. 

Redirect exandnation by Mr. Holton : 

Q. What did IMr. Bayne vote?—A. Democratic ticket. 

Q. What had he been before?—A. I can’t say. He conu^ out one election 
before, if I ain’t mightily mistaken, and he cast one vote in the box; I hea.rd 
him say on the prinmry day—he was on the ground—that he would vote th.e 
Republican ticket; as for the natmnal, he would vote Republican ticket. 

Q. He is now in Panama?—A. He is noAV in Panama. 

IMr. S. M. GOODMAN, being called by contestant, testified as follows: 

Direct examination hv Mr. Holton : 

Q. Where do you live?—A. Mooresville. 

Q. AMiat precinct do you live in?—A. Coddle Creek. No. 2. 

Were you at the election held thei’e on November 2, 1020?—A. Yes. 

Q. Did you challenge a number of people on that day?—A. I did. 

Q. Have you a list that you can refresh your memory from?—A. T made out 
a list. T tiiink it is here—here somewhere. I haven’t it in my hand riglit 
now. [Attorne.v hands witness list,] 

Q. Dal you make that list on election day?—A. Yes; T made that list; I 
wrote it nn’self. 

Q, Go over that and state what you know about the various voters.—A. I 
challenged the vote of INlr. S. R. Shoemaker. 

Q. P’or what reason?—A. That he moved to Mooresville from-. N. C., 

on the 8d of Mny. 1920. Hadn’t been in the county long enough to qualify. 

Q. Go to your next name.—A. Miss Linney Thompson. 

Q. Upon \vhat grounds did you challenge her?—A. That she came from 
Rowan County in August. 1920. T challenged IVIrs. Mary Teeter. 

Q. State the grounds of your challenge.—A. It was an fdisentee vote. There 
was no health certificate offered with it. 

Q. Was there an affidavit with it?—A. I didn’t see any; there was none 
offered. 

Q. Was she in the precinct on the day of election?—A. T don’t know: T think 
she" was. Mrs. Alice McLean for the same reason. 

Q. Was she in the precinct on the day of election?—A. I thought she was. 
Bessie Collins. 

O. What was your ground for challenge as to her?—A. For the same reason. 

Q. Was she in’ the precinct, or do you know?—A. I think she was; I am not 
sure. Mrs. Lucy T. McNeely [calling another name from the list]. 

Q. What was'your ground for challenging her?—A. It was absentee ticket 
and she was in town. 



152 


CAMPBELL VS. DOUGHTON. 


Q. Was there doctor’s certificate or affidavit with that ballot?—A. I didn’t 
see any. 

(). Yon could have seen it if there had been any?—A. I was the judge; it 
looked to me like it ought to have been exhibited to tlie judge. Miss Elizabeth 
llankin [calling another name from the list]. 

(}. Oil what grounds did you challenge her?—A. It was an absentee vote. 

Q Was she in the precinct on election day?—A. I don’t think so. Rufus 
Deaton. 

Q. Why did you challenge him?—A. P’’or several reasons. He has been gone 
out of Mooresville for several years. 

(>. How many years?—A. About four years; that is my personal opinion. 

Q. Do you know where he had been living?—A, He went from Mooresville to 
Spruce Pine. I understand he is now in Virginia or West Virginia. 

Q, You know he is not making Mooresville his home now or any time in the 
last three or four years?—A Certainly not for the last two years, and I think 
four years would he nearer right. 

Q, Whom did you next challenge?—A. Mrs. Lilia Bell. 

Q. On what grounds did you challenge her?—A. There was no health certifi¬ 
cate attached, and she was in the town. 

Q. Was there an affidavit?—A, I didn’t see any. 

Q. Could you have seen it if it had been there?—A. I ought to have seen it, 
I think 

Q. Did you look for it?—A. I can’t say that I made a special search for it, 
but the ballot was exhibited, and there was no health certificate attached to it. 

Q. The only thing was the ballot and certificate?—A. And the little blue slip 
that goes with an absentee ticket, and then the regular ballots. 

Q. Who did you next challenge?—A. Mrs. Mary E. Collins. 

(}. On what ground?—A. An absentee ticket, and there was no health cei’tifi- 
cate attached 

Q. Was there an affidavit?—A. I didn’t see any. 

Q. Was she in the precinct on election day?—A. I think so. J. A. Alexander. 

Q. On what grounds did you challenge him?—A. For the same reason. 

Q. Was he in the precinct on election day?—A. Yes; I am sure of it. R. B. 
Templeton. He has not been living in Mooresville for about two years—sure 
one year, to be sure. 

Q. Where did he move to from Mooresville?—A. I can’t tell you; I think the 
registrar’s testimony^will show where he was; I don’t know. 

Q. Who did you next challenge?—A. C. L. Guion. 

Q. On what ground did you challenge him?—A. He has moved out of town. 

Q. When did he move away?—A. I would say about .Tuly. 

Q. Moved out of the precinct?—A. Yes; moved out of the county. 

Q. Where did he move to?—A. To Taylorsville; that is my information and 
belief. 

Q, Whom did you next challenge?—A. R. M. Stafford. 

Q. On what grounds?—A. He has not been living in Mooresville for, I would 
say, two years. 

Q. Where did he move to from Mooresville?—A. I could not tell you* he is 
not in the State. 

Q. Whom did you next challenge?—A. Miss Clara Young. 

Q. For what reason?—A. She is living in Mooresville and was there on elec¬ 
tion day. to my knowledge and belief. 

(}. Did you see doctor’s certificate or affidavit?—A. I did not. 

Q. Mlioni did you next challenge?—A. Miss Ella Benfield. 

Q. For what reason?—A. The same reason. 

Q. Did you see a doctor’s certificate or affidavit with her ballot?—A. I did 
not, 

Q. Whom did you next challenge?—A. W. E. Arial. 

Q. Upon what grounds?—A. He has moved away from Mooresville. 

(}. How long has he been away?—A. Whenever the school closed there* I 
would say it was in May. ’ 

Q. Did he teach school there?—A. Yes. 

(h Had he ever made Mooresville his residence?—A. Yes. 

Q. Do you know where he moved to from IVIooresville?—A. Hickory 

Q. What is he doing there?—A. I think he is traveling. 

Q. Did his family move to Hickory with him?—A. Y^es. 

Q. Whom did you next challenge?—A. T. V. Sherrill. ' 

Q" What \\eie ^oui grounds for challenging him?—A. I am under the im- 
l)ression that he has moved out of the county. 


CAMPBELL VS. DOUGHTON. 


153 


as to him?—A. I could not vouch for it of my own per- 


Q. 

Q. 

Q. 

Q. 


Q. You don’t know 
sonal knowledge. 

Q. Whom did you next challenge?—A. Mrs. Mary Bell Flowers. 

Q. Upon what grounds did you challenge her?—A. It was an absentee ticket, 
and there was no evidence, I didn’t think—sufficient evidence—to show That 
she was entitled to vote absentee ticket. 

Q. What evidence did you have?—A. I didn’t have any. 

Was she in town?—A, No, sir; I don’t think she was. 

Had she been living in Mooresville?—A. Yes. 

Whom did you next challenge?—A. G. G. Adams. 

On what grounds did you challenge him?—A. That was an absentee 
ticket; there were no qualifications exhibited. 

Q. Was he in the precinct on election day?—A. I don’t think so. 

Q. Had he been living in Mooresville?—A. Yes. 

(h Whom did you next challenge?—A. F. W. Gnbriel. 

tj. On what grounds did you challenge 1dm?—A. That was an absentee 
ballot; there were no qualifications offered. 

Q. M'as he in the i)recinct on election day?—A. I don’t think so. 

(i. Whom did you next challenge?—A. Eugene Hawthorne. 

On what grounds did you challenge him?—A. He is not living in Moores¬ 
ville now. t 

Q. When did he move away?—A. Whenever he was discharged from the 
Army. I could not tell you when that was. 

Q. Where did he go to?—A. Tennessee. 

Q. Did he have a family?—A. No, sir. 

(). Do you know how long he has been gone?—A. More than a year, I 
would say. 

Q. Whom did you next challenge?—A. W. M. Creswell. 

Upon \^'hat grounds?—A. Mooresville isn’t his home. 

Did he ever live there?—A. Yes. 

When did he move away?—A. About four years ago. 

Do you know where he moved to?—A. Not sure—Georgia or Alal)ama— 
not sure which. 

Did he have a family?—A. Yes. 

Did they move with him?—A. He moved away from Mooresville and his 
lives with him, so far as I know. 

Whom did you next challenge?—A. F. R. Sherrill. 

What were your grounds for challenging him?—A. I was advised his 
home was another county—I don’t know of my own knowledge. 

Q. Did he live there?—A. I think so—I don’t know him personally. 

Q. Whom did you next challenge?—A. W. L. Collins. 

Q. Upon what grounds did you challenge him?—A. I didn’t feel that there 
were sufficient qualifications offered. He was an absentee. There were no 
qualifications offered—no evidence to show he was a qualified voter—none 
offered to me as election judge. 

Q. Was he registered?—A. I think so. 

Q. Whom did you next challenge?—A. B. B. Kerr. 

Q. Upon what grounds did you challenge him?—A. I didn’t 
sufficient qualifications offered or evidence of qualifications. 

Q. Did he live there?—A. He had lived there. 

Q. When did he move away ?—A. I don’t know. 

Q. You do know he had moved out of the precinct?—A. 
been gone out of the precinct about four months—I could not vouch 
of my own knowledge. 

Q Whom did you challenge next?—A. Mrs. Pimma Mcl.elland. 

Upon what grounds did you challenge her?—A. She is living in Moores- 
and there was no health certificate or affidavit offered. 

Do you know she was in the precinct on election day?—A. I am reason- 
sure she was. The next name is Dr. W. D. McLelland. 

State your reason for challenging him?—A. That was an absentee ballot 

and no qualifications offered. 

Q. What do you mean by qualifications?- 
to show that he was a legally qualified voter. 

Was he registered?—A. I presume he was registered. 

What was lacking?—A. There was no evidence at all brought, except the 
registrar* said he was registered and checked him off, and the other judge put 
the ballot in the box. 


Q. 

Q. 

Q. 

Q. 
I am 
Q. 
Q. 
wife 

Q. 
Q. 


think there was 


I thiidv 


he 

for 


had 

that 


Q. 

ville 

Q. 

ably 

Q. 


Q. 

Q. 


-A. There was not anything offered 


154 


CAMPBELL VS. DOUGHTON. 


Q. Whom did you next challenge?—A. Mrs. Sue McNeely, absentee, was in 
the city to the best of my belief. No health certificate nor affidavit offered. I 
believe the law requires that there should be affiavit or doctor’s certificate stat¬ 
ing she was unable to attend the polls and there was no such health certificate 
or affidavit exhibited. Mrs. Mary Coon, for fhe same reason. Mr. J. K. 
McNeely, for the same reason. Mrs. Blanche Sherrill, for the same reason. 
Mrs. Marie Gabriel, for the same reason, Mrs. Bessie Barger, for the same 
reason. Mrs. Lillian Frontis, for the same reason. Mrs. M. W. White.—Mr. 
White was out of town. I presume he was entitled to register, but I didn’t see 
any evidence to that effect. R. Latham IMills, the same reason. 

Q. All these people that you challenged, do you know how they voted?—A. I 
think I do. 

Q. Did they vote the Democratic ticket, or not?—A, All but one. to the best 
of my knowledge and belief. 

Q. Who was that?—A, Mr. M. W. White. 

Q. Where was he on the day of election?—A, I think he was in Greensboro. 

Q. Had he been making Mooresville his home?—A, Yes, 

Q. Wliat was he doing in Greensboro?—A. I could not tell you; I suppose 
just on a visit. He was in Mooresville until within two or three days of the 
election. 

Q. He had been visiting relatives in the West, had he not?—A. He had been 
visiting relatives—I presume he was visiting—I don’t know. 

Cross-examination for contestee, by Mr. Turner : 

Q. When was it you nrade all these challenges?—A. Each one as he vote<l. 

Q. When?—A. On election day. 

Q. Did the judges read the evidence?—A. No e\idence offered. 

Q. D’d you offer any evidence to sustain your challenge?—A. I can’t say that 
I did—I don’t believe I did. 

Q. You just challenged them and no evidence offered whatever?—A. I stated 
my reason. Is that evidence? Do you class that as evidence? I stated my 
reason for challenge. 

Q. Were you sworn?—A. I was sworn judge of election. 

Q. You as a judge challenged all these?—A. I was sworn to conduct that elec¬ 
tion fairly and honestly and imi)ai-tially, according to the constitution and laws 
of North Carolina. 

Q. Did you offer no other evidence besides what you did yourself?—A. No, sir. 

(), Did you tell them the history of these ones challenged?—A. I did where I 
had opportunity to do so. 

Q. You had the right to make the opportunity—did you help to make the op¬ 
portunity?—A. These people didn’t give me a chance to say anything. 

Q. What people?—A. The Democratic judge and the Democratic registrar; 
just rode roughshod over my i)rotest. I would challenge a man’s vote and they 
would put it in the box usually without waiting to hear from me. 

Q. You were a chronic challenger?—A. I challenged every absentee vote. 

Q. You challenged all of them?—A. Yes. 

Q. Did you tell them about where they resided and your reasons?—A. I did 
some of them. 

Q. How many of them can you tell me whether you offered any evidence?— 
A. I know I offered evidence in regard to Mr, Shoemaker and Miss Thomi)Son ; 
neither of these were absentee ballots. 

Q. When you would challenge and offer evidence, would they swear you?— 
A. No, sir. 

Q. Did you offer to swear?—A. I was already under oath. 

Q. You were under oath to conduct that election fairly, you were not there 
for challenging puri)oses?—A. How (‘ould I conduct it fairly unless I challenged 
what I believed to be wrong? 

Q. You were a judge and challenged these i)eople?—A. Yes. 

Q. Did anybody else come up to substantiate these charges?—A. Nobody else 
allowed in the booth while we were voting. 

Q. Couldn’t you have sent out?—A. Nobody to send out, 

Q. The registrar was in there?—A. Registrar and two judges. 

Q. Wa.sn’t the clerk in there?—A. Didn't have any. 

(}. Wasn’t any men there that took down votes?—A. I took them down myself. 

(). Didn’t you have anybody else to help you?—A. No, sir. 

Q. You kept the poll and no one in there when these parties came up to 
vote?—A. There were three or four voters in the booth at one time, and lined 
all the way across. 


CAMPBELL VS. DOUGHTON. 155 

Q. Did you swear a man that offered to vote?—A. Could not challenge an 
absentee—he was not there for me to swear. 

Q. You challeuged a whole lot of people that were not absentees?—A. I chal¬ 
lenged two that were not absentees. 

Q. You objected to it because you didn’t think they were entitled to vote.— 
A. I didn’t think the evidence that was offered was sufficient. 

Q. The other two judges thought there was evidence sufficient?—A. They 
went on and put the ballots in the box. 

Q. They were all on the registration books, were they not?—A. I think they 
were. 

Q. Did you call for any certificates?—A. I asked for three or four of them. 

Q. You saw them all opened?—A. Yes. 

Q. Who opened them, Mr. Brawley?—A. Yes. 

Q. What did he do with them?—A. Handed them to the Democratic judge, 
and he put them in the box. 

Q. Didn’t you look at them?—A. They didn’t give me a chance. 

Q. Do you swear they didn’t give you a chance?—A. No, sir. 

Q. Every one of them?—A. Every one of them. 

Q. You were there right by them; could have touched elbows?—A. I don’t 
reckon I could; probably 3 or 4 feet between. 

Q. You could have seen them?—A. I asked for two or three of them. Wheii 
they first began to vote absentee tickets—the absentee tickets were voted at 3 
o’clock, or pretty soon thereafter, and the first few two or three ballots I 
asked to see the ballots and the evidence both, and the registrar and the judge 
said there was no need of taking up that time—that we would not have time 
to do that; just went ahead and put them in. I simply challenged everything. 

Q. You just merely challenged them and didn’t say one word about it?— 
A. Yes. 

Q. Didn’t offer any evidence?—A. They didn’t give me an opportunity to 
offer any if I had wanted to. 

Q. If you knew all these facts, why didn’t you go up there on the challenging 
day?—A. I didn’t even know ^yho they were on challenging day. 

Q. Wasn’t the name on the registration book?—A. I didn’t get to see the 
registration book until the Saturday night before the election. 

Q. Why didn’t you see them?—A. Could not get to see them. 

Q. Were they not open for inspection on these Saturdays?—A. No; it has not 
been that way in Iredell County for years. I am swearing that I made an 
effort to see that registration and could not get to see it until Saturday before. 

Q. Did the Republicans make any challenges on challenge day?—A. Not that 
I know of. 

Q. You didn’t make any?—A. No, sir. 

Q. Made no effort?—A. No, sir. 

Q. You waited until the election day and then challenged?—A. That was 
the first time I had anything to go by. 

Q. On election day you did nothing but said, “ I challenge them ” ?—A. I did 
more than that in a few cases. 

Q. Which cases were those?—A. I specified two of them, in the case of Mr. 
Shoemaker and Miss Thompson. 

Q. What did you tell them about him?—A. Said he hadn’t been in the 
county long enough. 

Q. .lust said that; is that all you said?—A. I did. 

Q. Where did Mr. Shoemaker live?—A. He came from-to Mooresville. 

Q. When did he come there?—A. INIay 3. 

Q. That was six months before the election?—A. No, sir. 

Q. How much did it lack?—A. One day. 

Q. Did you swear and give that evidence to the judges?—A. I did. 

Q. They decided he was entitled to vote?—A. Mr. Slioemaker himself said 
he came May 3—he told the judges that. 

Q. He was not one of the absentee voters?—A. No, sir. 

(i. Did thev permit him to vote?—A. Yes. 

Q. Don’t you know it is the law that you count the firs^ day and not the last 
when you (*ome to a question of time?—A. You can count both days and it won’t 
make six months—it would be still a day short if you leave off one. 

Q. If you start the 3d of Sei)tember and count to the 2d of ()ctol)er, wouldn’t 

that make 30 days?—A. T.ack om* day. ^ 

Q. Don’t you know that the law doesn’t count fractions of days .^—A. I know 
it lacked that much of being that much. 

Q. Half day?—A. A whole day. 



156 


CAMPBELL VS. DO UGH TON. 


(}. What time did he come in May?—A. Third. I would say it is a little bit 
more than a whole day, because it was the afternoon that he moved in and in 
the morning when he voted. 

Q. So he moved in the morning of the 3d of ]May and voted on the 2d of No¬ 
vember?—A. He moved into Mooresville on the afternoon. 

Q. Had he been thei'e before May 3?—A. No. 

Ch Hadn’t he visited there?—A. He might have. 

Q. Hadn’t he rented the house before that?—A. I can’t tell you—he miglit 
have engaged the house—he hadn’t occupied it. 

Q. If he had engaged the house he would have gone there to engage it?—-A. I 
don’t know. 

(}. You mean that his family came on the 3d‘?—A. I mean he did. 

Q. His family, too?—A. I tliink so. 

Don’t you know residence is a question of intent—that when he rented 
that house he intended to come to IVIooresville?—A. I suppose that was his 
intention. 

Q- If you would go to Washington City six months your intention was to come 
back?—A. Maybe so. 

Q. When he went and rented a house he lixed his residence according\ to that 
intent. Do you know when he decided to make his residence in Mooresville?^—A. 
No, sir; I don’t. I know when he came. 

Q. Had you any evidence before that occurred that he didn’t so intend?—A. 
No, sir. 

Q. What is the next one you said that you challenged?—A. Miss Thompson. 

(h Why wasn’t she entitled to vote?—A. She hadn’t been in the county long 
enough. 

Q. How long had she been in?—A. Little over two months. 

Q. Did you make it known that (hiy?—A. 1 did. 

Q. Where did she come from?-—A. Rowan County. 

Q. How long has she been living in Rowan County?—A. All her life, I suppose. 
She is a single lady, and her family live in Rowan County. 

Q. Where did her father and mother live?—-A..In Rowan County. 

Q. Where did her people live? Had she been teaching there?—A. No, sir. 

Q. Hadn’t lived there at all?—A. I don’t think she did. 

Q. Any evidence furnished the court in that regard?—A. I told them what 
time she came there and where she came from. 

Q. Was that an absentee vote?—A. No, sir. 

Q. She was there present?—A. Yes. 

Q. You challenged her when she came up to vote?—A. Yes. 

Q. What did she say?—A. Not anything. 

Q. She was registered?—^A. Yes. 

Q. Did you ask her when she came?—A. No, sir. 

Q. You were the judge and didn’t ask her?—A. I knew when she came. 

Q. Why didn’t you give her that chance’?—A. I was not the one that was 
running the thing. 

Q. You were a judge?—A. I was doing as much as I could, but I could not 
override the other two men. 

Q. Did you give her a chance to state whether she was entitled to vote?— 
A. yiiss Thompson came up to vote and the registrar checked the name off 
as duly qualified—as duly registered. I entered my challenge and Mr. Neill, 
the Democratic judge, said, “ Give me a ticket,” and he took the ticket and put 
it in the box without any further ado. That is how long it took; I was telling 
my reason for challenging her while he was putting the tickets in the box. 

Q. Wh.y didn’t you ask her the question? Why didn’t vou stand up and say, 
“I demand to ask her?”—A. What was the use? I didn’t want to start any 
row. 

(}. Didn’t you have moral courage enough to stand up and ask her?—A I 
did. 

Q. Why didn’t you?—A. I didn’t think it would be any good after the bal¬ 
lot was in the box. I didn’t see what good it would be. 

Q. Don’t you know when she registered she ought to swear she had been 
there four months?—A. She ought to have; I don’t know what she did. 

Q. How do you know she didn’t swear it?—A. I don’t believe she would 
swear to a lie. 

Q. Do you know Mr. Brawley?—A. I do. 

Q. Didn’t you hear him swear on that stand that he swore everyone that 
applied for registration?—A. I don’t think Mr. Brawley is the only registrar. 


CAMPBELL VS. DOUGHTON. 


157 


Q. There can’t be but one registrar down there.—A. They swap names 
around down there—take them off the books and send them around like they 
want it. 

Q. You don’t think that Mr. Brawley was wrong or in error?—A. I don’t 
think Mr. Brawley registered her. 

Q. AVho could have registered her?—A. Mr. Fairchild. 

Q. Didn’t you hear Mr. Fairchild say he swore everyone that he regis¬ 
tered?—A. If he swore to that I think he is mistaken. 

Q. You signeil the returns, didn’t you?—A. Yes. 

Q. Everything was regular and in order?—A. I signed the returns as to the 
ballot cast. 

Q. You signed all the returns as required by law?—A. That is what I under¬ 
stood I was signing—that that was the ballot cast. 

Q. You made no protest?—A. Didn’t see any reason for making protest, t 
might state that the returns came up calling for so many Democratic votes as 
cast that day and so many Republican votes cast that day. 

Q. Why did you not refuse to sign it if you thought there was an illegal 
vote cast?—A. I didn’t think I had the right to carry my protest that far. 

Q. So you did sign the return that everything was regular?—A. I didn’t 
sign any statement that everything was regular. 

Q. You challenged Mr. J. A. Alexander?—A. Yes. 

Q. Did you make known to the judges your reasons for that?—A. I didn’t 
have an opportunity to do so. 

Q. That is all you can say as to that; you just didn’t have an opportunity?— 
A. No, sir. 

Q. Don’t you know that his son, I. G. Alexander, made an affidavit he was 
sick?—A. It was not over there that day. 

Q. Wasn’t it in the envelope?—A. I didn’t see it. 

Q. Why were you challenging him there?—A. Because if there was any 
evidence it should have been shown to me as judge. 

Q. You know Mr. J. A. Alexander?—A. Yes. 

Q. Don’t you know he was sick?—A. I don’t think I knew at that time, but 
I think I found out afterwards that he was sick. 

Q. Didn’t you know exactly what you were doing?—A. I stated that I think 
if there had been affidavits accompanying any of these votes they should have 
been offered to me as judge—to all of us. 

Q. You had the privilege of examining?—A. No, sir; I didn’t. That is the 
point I am trying to make—they didn’t give me an opportunity to see them. 

Q. Did you call for the envelope to see whether the certificate was there?— 
A. I did for the first two or three absentee votes that were cast. 

Q. Wasn’t all of them exhibited here yesterday—these absentee votes?—A. I 
think they were all there. I didn’t check them over to see. 

Q. Mr. Fairchild was on the stand and you heard them ask them about all 
of them?—A. I heard about some of them. 

Q. Why didn’t you go and look and see whether these certificates were in 
there?—A. This happened on the 2d of November, not yesterday. 

Q. You are a witness to-day.—A. Dn the 2d of November is when it happened. 

Q. You are swearing what took place upon the 2d of November. You are 
trying to make the impression there were no certificates?—A. If there were any 
they were not offered to me—they were not exhibited to me. 

Q. Are you willing to swear that there were none?—A. No, sir; I don’t 
know what happened that I didn’t see. 

Q. Are you satisfied there were none?—A. I would not like to say that there 
were not any at all, but I don’t believe there were certificates with all these votes. 

Q. What became of Mr. Alexander?—A. He is dead. 

(J. And he died pretty soon after election? — About a week or 10 days ago. 

Q. Had pneumonia?—A. I don’t know what was the matter with him. 

Q. You don’t know his son made an affidavit?—A. Understood affidavit of¬ 
fered. 

Q. Did you hear anybody saying that they knew of their own knowledge he 
was sick?—A. I heard it aHerwards, next day, I think. 

Q. Don’t you live right near him?—A. Yes. 

Q. If he was sick you would have known it?—A. If he had been seriously 
ill I would have known it. 

Q. Don’t you know he had been sick for a long time—been sick since Sep¬ 
tember and died a few days after election—you knew he was a sick man?—A. I 
found out prettv soon after election that he was sick and I went to see him. 


158 


CAMPBELL VS. DOUGHTON. 


Q. How long had you known he had been sick?—A. I don’t know that I 
found that out at all. 

Q. Is that all the interest you take in your neighbors?—A. I don’t think 
he could have been sick three months and me not know it. 

Q. Could he have died and you not known it?—A. I would find it out 
pretty soon. 

Q. You are not interested enough in your neighbors to keep up with their 
sicknesses?—A. I went to see him pretty soon after I found out he was sick. 

Q. How is it your information relative to people moving is fixed so well upon 
your mind and you can’t know when your door neighbor is sick?—A. I think 

1 learned next day that INIr. Alexander was sick and I went to see h m at once. 

Q. Do you think the judges did wrong in allowuig that mtitter to come in?— 

A. I don’t think I have any right to decide that matter. 

lledirect examination by Mr. Dultn ; 

Q. Did you make application to the registrar for the registration book?— 
A. Yes. 

Q. Did you ask him for a copy of the registration hook?—A. I can’t say I 
asked for a copy. I did ask to see it. 

Q. How many times?—A. I think three times. 

Q. Ami he refused?—A. I won’t say he refused. He was busy, or for some 
reason it was not convenient for him to get hold of it. I didn’t get to see it 
until Saturday before election. 

INIr. J. R. HAM, being called by contestant, testified as follows: 

Direct examination by Mr. Dulin : 

Q. AVhere do you live?—A. I live in Mooresville. 

Q. What precinct do you live in?—A. I live in No. 2. 

Q. Do you live near to the polling place in No. 2?—xV. No,- sir. 

Q. State whether or not you know it to be a fact that the registrar in No. 

2 failed to be at his place several times during the official hours on registra¬ 
tion days, Mr. Brawley?—A. The only thing that 1 know, I run a shop right 
close there—I pass there often—he might have just stepped out—I could not 
say—but I would pass there and see people waiting there for him, some of 
them grumbling about it—that is all I know about that. 

Q. About how often did you see this crowd standing around waiting?—A. 
I could not say anything about that, but I was just passing there, hear some 
of them making a complaint to me. asked me where Mr. Brawley was at— 
I would say maybe he was at home; I could not say. 

Q. What time of day was it?—A. I would not say what time of day. 

Q. Was it forenoon or afternoon?—A. I would not say which it was, in 
fact, I believe some of these was people that would come there during the 
week to register—when he was not supposed to be there—on Saturday. 

Q. I am speaking of Saturday?—A. I could not say anything in regard to 
that at all. 

Cross-examination by IMr. Turner: 

Q. Y^ou would not say whether he was absent 10 minutes or half an hour?— 
A. I could not say whether it was 10 minutes or 5 minutes. 

Q. Was you speaking of the regular days when you passed there on Satur¬ 
days?—A. You know how a fellow is wlien he runs a plumbing shop, just 
going in and out getting things—I am in and out there half dozen times some 
days and then go out again in the morning and not go back until night. 

Q. We are inquiring particularly as to Saturdays, the days he was required 
to be there—does your evidence apply to those days?—A. I didn’t give no 
certain evidence there at all on that. 

Q. Was it on Saturday or other days?—A. I would not say definitely what 
day it was. 

Q. You would not say whether it was one of the four Saturdays or some 
other day?—A. I don’t know. 

Q. YY)u won’t swe.ar he was ever away from there on Saturday?—A. I would 
not say he was ever away from the poll on Saturday, because I don’t know. 

Redirect examination by Mr. Holton: 

Q. How many d'd you see there at one time waiting?— A. The one that 
made the most impression on me in a way was a Mr. Rhinehart—I don’t know 


CAMPBELL. VS. DOUGHTON. 


159 


what his politics is—he made the remark to me and asked me where he 
was at. 

Q. How many did you see there at one time?—A. None but Mr. Rhinehart 
at that particular time that I recall. 

Q. Was that the most you ever saw there at one time?—A. I have seen a 
good many i>assing hy there, and saw them standing there. That is the only 
one that made any impression upon me. He asked me where he was at. 

Q. How many did you see there at any one time?—A. I never counted them. 

Q. Several, though?—A. There are men standing around there all the time— 

I don’t know whether they were men waiting to he registered, waiting for the 
wholesale grocery, or waiting on the garage—I didn’t go out there and ask 
every man what his business was. 

Mr. C. H. KNOX, being called by contestant, testified as follows: 

Direct examination hy Mr. Holton : 

Q. Where do you live?—A. Cool Springs Township. 

Q. Did you hold any position with this last election?—A. I did. 

Q. What was it?—A. Registrar. 

Q. You held the election, then, together with two judges?—A. Certainly. 

Q. How many absentee votes were cast in your precinct?—A. I didn’t count 
them—I realy don’t know. I don’t remember just how many there were. 

Q. Have you the certificates and the envelopes?—A. No, sir; I have not. 

Q. What became of them?—A. I took tliem home and threw them down there 
somewhere. 

Q. You didn’t preserve any of them?—A. No, sir. 

Q. Did you preserve the ballots?—A. No, sir. 

Q. What became of the ballots after you got through with the election?—A. 
They were left in the boxes in the little voting house. 

Q. Not sealed up or anything?—A. No, sir. 

Q. How many votes polled there, do you know, in all?—A. Three hundred and 
thirty-two, po.ssihly. 

Q. Did you say you didn’t keep the certificates?—A. No, sir. 

Q. You have no id(?a how many were voted?—A. No, sir; but the poll hooks 
will show it. 

Q. You opened the envelopes, did you?—A. Yes. 

Q. What did you do with the tickets that you got out of there?—A. The 
judges put them in the boxes. 

Q. How many Republican tickets did you get out?—A. I got several. 

Q. How many?—A. I got something like 4 or 5 or half a dozen. 

Q. How many Democratic tickets did you get out?—A. I had a good bunch 
of them—I suppose 15 or 20; possibly little more than that—or maybe not quite 
so many. 

Q. Did the envelopes have the tickets in them themselves, or did you have to 
imt the tickets in the box on the certificates?—A. Some had tickets and some 
didn’t. 

Q. Some of them had the white slip of paper in them stating how they would 
vote?—A. Yes. 

Q. You say those certificates have all been destroyed?—A. Yes. 

Q. Do you remember the names of those Republicans that voted?—A. Re¬ 
member some of them; remember several of them. 

Q. Give the names.—A. Mr. M. A. Wooten, L. C. Holton, and IMrs. W. L. 
Reavis; and I don’t remember any more just now. 

Q The balance of them were Demo(.*ratic tickets?—A. No; there was another 
Republican vote or two. 

Q. The remainder of them were Democratic tickets?—A. The majority of 
them were, certainly. 

Q. The remainder after what you have named here?—A. No; I didn’t say. 
that. 

Q. 1 want you to name all the Republicans.—A. I named all I remember 
. just now; I remember another vote or two; I think I had one or two from 

Washington City. ^ ^ ^ 

Q. Did any of these people register before you, these absentee voters?—A. 

Yes. 

O You don’t know how many?— A. No ; T could not tell you the exact number. 

q! Some of them registered before the chairman of the board of elections?— 
A. Yes. 


160 


CAMPBELL VS. DOUGHTON. 


Q. How did you get their names, by certilicates sent to you? A. Got it by 
certified list. 

Q. AVhere is that list?—A, I never preserved the list; I put the names on the 
registration book. 

Q. And marked them on the registration book that they were registered be¬ 
fore the chairman of the l)oard of elections?—A. Yes. 

Q. Where is your registration book?—A. I deposited it with the register of 
c1g0(1s 

Q. What time did you get that certilicate?—A. I got it shortly after I got 
my book. 

Q. How long afterwards?—A. Just a few days. 

Q. Do you know when the registration opened?—A. Why, I don’t remember 
the exact date it opened—20 days preceding the elections—that is, the books 
was to be open 20 days. 

Q. Twenty days preceding the second Saturday before election?—A. Y^es. 

Q. And it was some time after you got your books and after tbe registration 
books had oi)ened before you got this certilicate?—A. Just a very few days. 

Q. After the books had opened?—A. Yes; there was not but a few of those 
names—majority on the book. 

Q. Do you know Beulah Elam?—A. Yes. 

Q. How did she register?—A. Before the chairman of the board of elections. 

Q. Do you know where she lived?—A. Yes. 

Q. Where?—A. Washington City. 

Q. Elizabeth Fry, where did she live?—A. Washington City. 

Q. Lula Fry?—A. Washington City. 

Q. Grace Gaither?—A. Washington City. 

Q. Grace Guthie, where did she live?—^A. Washington. 

Q. Nannie Moore?—^A. Washington. 

Q. Mrs. Ida Tomlinson?—A. Washington. 

Q. Louise Tomlinson?—A. Washington. 

Q. Mary Tomlinson?—A. Washington. 

Q. They all voted by absentee vote?—A. Yes. 

Q. They all lived in Washington and registered before the chairman of the 
county board of elections?—A. Yes. 

Q. I hand you a book; is that the registration book that you are given 
[hands witness book] ?—A. Yes; this is the book. 

Q. The last one on there, what is her name?—A. Beulah Elam. 

Q. When was she registered?—A. She was registered this past summer—fall. 

Q. What does your book say—does that give any date there?—A. No; it does 
not seem to be dated. 

Q. Did you put that on there?—^A. I certainly did. 

Q. That is your handwriting?—A. Yes. 

Q. Elizabeth Fry; turn to the Frys, please; when was she registered?—A. 
The fall of the election. 

Q. Give the exact date; the law requires that to be put on there, the date 
of registration.-—A. It seems the date isn’t here. 

Q. Lula Fry, is she there?—A. Yes. 

Q. When was she registered?—A. No date given. 

Q. Is the date, the last day of registration, on the book?—A. Yes. 

Q. Was anybody registered after that?—A. No. 

Q. Was anybody registered before that?—A. I used the old book and copied 
this off the old book. I used the old book while I was going around and then 
copied off and made the new book—the law requires a new book; and when I 
got all that was on tbe old book I took the new ones when I got to them. 

Q. When did you transcribe that?—A. After the book was closed I made a 
new book—after tbe books closed I transferred them on the new book. 

Q. You put Beulab Elam on, didn’t you?—A. \’'es. 

Q. All these absentees, you put them on after the book closed?—A. I put them 
on this book—put tliem on the old one before. 

Q. Then you put all the absentees on the book, last name that appeared under 
the letter?—xV. Supposed to be that way ordinarily—may be some variations 
from that. 

Q. You didn’t give the date of registration of any of these absentee voters?— 
xV. I don’t remember about that, whether I did or not; the book will show. 

Q, Grace Gaither, was she registered? Look at the book.—A. The date is 
not here. 

Q. That is the last name on the book, isn’t it?—A. No, sir. 


CAMPBELL VS. DOUGHTON. 


161 


Q. Last name under that letter?—A. Not the last name. 

Q. Who is put on after she?—'A. Grace Guthie. 

Q. She is an absentee, too?—A. Yes. ' 

Q. Grace Guthie and Grace Gaither, both absentees; they are the two last 
names under the letter G?—A. Yes. 

Q. No date of registration of either of them?—A. No, sir. 

A. Turn to Nannie Moore; how about her; where does it appear?—A. It is 
the last name on the book. 

Q. Give us the date she was registered. It doesn’t show, does it?—A. There 
is no date down here. 

Q. It has not been rubbed out, any sign of it?—A. No, sir. ^ 

Q. The Tomlinson family, turn to them; how about them, where were they ?— 
Washington City. 

Q. Whereabouts do they appear in your registration, under the letter T?—A. 
The last ones. 

Q. No date to either of them?—A. No, sir. 

Q. You say you put them on the books after the registration clo.sed?—A. I 
had them on the old book and I copied them off after I got through registering 
them. 

Q. You don’t know where that old book is?—A. No, sir. 

Q. Do you have the date on there?—A. I suppose not. 

Q. You copied them just like they were?—A. I suppose I did. 

Q. All these names that you have just given voted the Democratic ticket, 
didn’t they?—A. No, sir. 

Q. These Washington people?—A. No, sir. 

Q. Who didn’t?—A. Miss Grace Guthie. 

Q, Anybody else?—^A. No; I think not. 

’Q. Did Mrs. Garrell vote an absentee ticket?—A. Nobody like that in the 
township. 

Q. Was there a woman by name of Mrs. C. E. Grandel voted in your town¬ 
ship?—A. Yes. 

Q. Did she vote absentee ticket?—A. Yes. 

Q. Where was she at that time?—A. In Pennsylvania, I think. 

Q. That is her home, isn’t it?—A. She is living up there temporarily. 

Q. That is her home?—A. I suppose you would call it her home. She has a 
home here, though, and owns property here. 

Q. Who was the witness to her certificate?—A. No; I do not. 

Q. Where was it dated from?—A. It .was dated here; she was here at the 
time. 

Q. She voted at the ballot box?—A. No; she had left before the election— 
she was here when she fixed up her vote. 

Q. What was she doing here?—A. Looking after her property. 

Q. Is she married?—A. Yes. 

Q. Where does her husband live?—A. He is in Pennsylvania. 

Q. He didn’t vote here?—A. No, sir. 

Q. How long has she been up in Pennsylvania?—A. Something like a year, I 
think. 

Q. Soon after she was married?-—A. Oh, no. 

Did she ever live here?—A. Yes. 

Q. He moved up there?—A. He has traveled all around, been everywhere. 
Lived here and went to Winston-Salem first, and Durham. 

Q. How long did she live in Winston-Salem?—A. Some length of time—several 
month.s—possibly six months or more. 

Q. Then she moved from there where?—A. Went from there to Durham, I 
think. 

Q. Then, how long did she stay in Durham?—A. I could not tell you—I 
don’t try to keep up with them—they make flying trips; go off and stay a few 
months and back here. 

Q. Who lived in her house here?—A. She has no house here; her mother has 
a home, but no house on her property. 

Q. She had nothing here but real estate?—A. That is all. 

Q. Didn’t have any personal property?—A. I don’t suppose she did. 

Q. This last lady here voted Democratic ticket?—A. I really don’t know what 
she voted; I would presume so. 

Q. What is her politics?—A. Her husband is a Republican. 

11 


57695—21 



162 


CAMPBELL VS. DOUGHTON. 


Q. What is the politics of her family?—^A. Her father is dead—he was a 
Democrat—I can’t say as to what she voted. 

Q. You don’t know that she fixed that ticket up?—A. I presume she did—she 
signed a certificate. 

Q. Did you see her fix it?—A. No, sir. 

Q. You don’t know who witnessed it?—A. I don’t remember who witnessed 
it, but it was in proper form, all right 

(Counsel for contestee reads into the record a part of chapter 23, section 2, 
of the public laws of 1917: “ The chairman of the county board of elections shall, 
immediately after the appointment of the registrar or registrars for any elec¬ 
tion to be held in his county, either legalized primary or general election, either 
for the county br for any political subdivision thereof, certify to the respective 
registrars in each of said precincts the name, age, residence, place of birth, 
etc., of any electors registered in said county registration book and thereby 
entitled to vote in such precinct; and it shall be the duty of the registrar in 
every such precinct to enter upon the registration book for such precinct the 
name of all such electors so certified to him by the chairman of the county 
board of elections, marking opposite the names of such electors the words, 

‘ Registered before chairman county board of elections,’ and elector so regis¬ 
tered shall be entitled to vote in any election in such precinct in the same man¬ 
ner as if registered by the precinct registrar.” The purpose of this law is to show 
that the dates of the registration of the voter are not to be given to the registrars 
of the several precincts, but only the names, ages, residence, and place of birth. 
The date of the registration is not required to be given.) 

(The contestant demands of Mr. Lewis that lie produce the absentee registry.) 

Cross-examination for contestee liy INIr. Long : 

Q. Mr. Lewis, the chairman of the board of elections of the county, certified 
you a list of certain voters who had registered with him as chairman of the 
board of county elections?—A. He did. 

Q. Mr. Lewis certified you a list purporting to be a list of the voters who reg¬ 
istered with him as chairman of the county board of elections?—A. He did. 

Q. You transcribed that certified list on your new book and on your old one, 
too?—A. Yes. 

Q. On your old book and then you made out a new book as required by law?— 
A. Yes. 

Q. I understand you told the gentlemen over here after the time for the regis¬ 
tration closed you transcribed all the names from the old book to the new book, 
including the list of absentee voters certified by Mr. Lewis, chairman of the 
board of elections?—A. Yes; and they were alreadv on the old book. 

Q. They didn’t have the date?—A. I think not; if the date had been there I 
think I would have put it. 

Q. They asked you about INIiss Beulah Elam; I suppose that is a female, 
young lady, she is employed in Washington?—A. Yes. 

Q. She is employed in Washington?—A. Yes. 

Q. Her people live in Cool Springs?—A. Yes. 

Q. Her father and mother?—A. Yes. 

Q. These Fry girls—their people live in Cool Springs?—A. Yes. 

Q. Where are they employed?—A. All these girls hold Government jobs in 
Washington. 

Q. ]\Iiss Grace Guthie, she is employed in Washington in Government serv¬ 
ice?—A. Yes. 

Q. Her people live at Cool Springs?—A. Yes. 

Q. Her people’s residence?—A. Yes. 

Q. ]\Iiss Grace Gaither, her people live there in Cool Springs?—A. Yes 

Q. That is her residence?—A. Yes. She is emploved in Washington. 

Q. Miss Nannie Moore, she is employed in Washington likewise?—A. Yes 

Q. Her people live in Cool Springs; that is her residence?—A. Yes. 

Q. The three Tomlinson girls, are they employed in Washington?—A. Yes. 

Q. Their people live in Cool Springs; that is their home and residence?—A. 
Yes. 

Q. You were registrar of Cool Springs township?—A. Yes. 

Q. Did I understand you to say that you didn’t preseiwe the certificates of 
these absentee voters?—A. No, sir. 

Q. You did open the envelopes on day of election as provided by law’—A Yes 

Q. Yourself, and exhibited them to the election officers?—A. Yes. 


CAMPBELL. VS. DOUGHTON. 


163 '' 


Q. You had the regularly appointed election officers there, Republican judge 
and Democratic judge?—A. Yes. 

Q. Had the duly organized election machinery?—A. Yes. 

Q. The votes were opened by you and were presented for voting and passed 
on, approved?—A. Yes. 

Q. And voted?—A. Yes. 

Q. Without protest or challenge?—A. Yes. 

Q. Were there any votes in these absentee votes that you voted that had 
marked across the back of the ballot, not certificate, written the name of the 
party casting the vote?—A. No, sir; was not. 

Q. INIrs. Grandell they spoke of. Didn’t she register before you, if you 
remember?—A. I think she did. 

Q. And she qualified herself?—A. Yes. 

Q. Swore that that was her bona fide residence?—A. Yes. 

Q. And complied with the qualifications under her oath?—A. Yes. 

Q. And you registered her?—A. Yes. 

Redirect examination by Mr. Holton : 

Q. Did you see her here in Statesville?—A. Saw her at my house. 

Q. You have her marked here as her residence in Statesville?—A. I didn’t 
know she was marked as her residence in Statesville; it should be Statesville, 
route No. 4. 

Q. But you didn’t put it on the record, did you?—A. It should have been. 
If not, it is an error—she joins plantations with me. 

Q. Did she come to your house or you go to hers?^—A. She came to my house. 

Q. On the date named there?—A. Yes; she was there several times so far 
as that is concerned. 

(The contestant offers subpoena to M. P. Alexander, sheriff of Iredell 
County:) 


[United States of America, in the Sixty-seventh Congress. The congressional 
contest of James I. Campbell v. Robert L. Doughton.] 

Greeting: You are hereby commanded to summons J. G. Lewis, chairman of 
the board of elections for Iredell County for the election held November 2, 1920, 
together with absentee registration records required to be kept by law, if to be 
found in your county, personally to appear and be before the undersigned notary 
public and commissioner of testimony Monday, February 14, 1920, at 10 o’clock 
a. m., at the courthouse, county of Iredell, State of North Carolina, then and 
there to give testimony on behalf of James L. Campbell, contestant in said cause. 
Herein fail not. 

Moneoe Adams, 

'Notary Public and Commissioner of Testimony. 


On the back of that subpoena appears: “ I hereby accept service of the within 
subpoena this the 10th day of February, 1921. 

“J. G. Lewis.” 


Attorney for contestant: 

We call on Mr. Lewis in open court, lie being in court, call on him to produce 
that record. 

(The witness states he does not know where it is, but as soon as it can bei 
found he will be glad to produce it. I saw it one day last week.) 


Mr. S. M. GOODMAN, recalled, testifies for contestant. 

Direct examination by Mr. Dulin : 

Q, Do you knov' Fred Field?—A. Yes. 

Q. In what precinct in Mooresville did he vote in the last election?—A. No. 2, 
Coddle Creek. 

Q. How long had he been in the State of North Carolina?—A. About 10 
months, 

Q. Where did he come from?—A. Greenville; S. C. 

Q. Do you’ know wdiat his politics is?—A. Yes. 

Q. How did he vote?—A. Democrat. 

Q. Do you know MarVin Baker?-A. I do. 

Q. Where did he vote?—A. Coddle Creek No. 2. 

Q. In the election held November 2, 1920?—A. Yes. 


164 


CAMPBELL VS. DOUGHTON', 


Q. Where did he come from?—A. Kannapolis, Rowan County. 

Q, When did he arrive in Iredell?—A. September, 1920. 

Q. Did he have a family?—A. Yes. 

Q. Did they move there with him?—A. I gmess they come with him. They 
didn’t come until after he had come—about the same time. I presume they all 
came together. I don't know for sure about that. 

Q. Do you know his politics?—A. Yes. 

Q. How did he vote?—A. He voted the Democratic ticket. 

Cross-examination by Mr. Tuknek : 

Q. The first name you called was Fred Fields?—A. Yes. 

Q. Does he have a family?—A. Wife. 

Q. Any children?—A. He has a child now; I am not sure when it was born, 

Q. Where did he come from?—A. He came from Greenville, S. C. 

Q. When did he come?—A. About .January, 1920. 

Q. Did his wife come with him?—A. Yes. 

Q. Had he been there before?—A. He had; several years ago. 

Q. Did he live there?—A. Yes. 

Q. How long did he live there when he was there previously?—A. Why, I 
am not sure whether it was a year or possibly two years. I would say about 
a year. 

Q. How long had he left before the 1st of January, 1920?—A. 1 would say 
two or three years. 

Q. Did he ever come back in the meantime?—A. I think so. 

Q. Do you know how often?—A. No, sir; I don’t. 

Q. Do you know whether he had given up his residence in North Carolina?— 
A. I do. 

Q. What do you mean by residence?—A. He was making his home with his 
mother when he lived in Mooresville the first time, and his mother and her 
whole family moved to Greenville, S. C. 

Q. When?—A. About three years previous to this—two years, say, anyway. 

Q. Do you know whether his intention was to come back?—A. I know he 
considered Greenville his home; told me so himself. 

Q. Did he ever tell you he made his home in South Carolina?—A. Said he 
made his home in Greenville. 

Q. You knew that during the days of registration, did you?—A. I didn’t dis¬ 
cuss the matter with him at that time; no, sir. 

Q. You knew then, according to your evidence, that he was a nonresident of 
the State of North Carolina?—A. Yes; I did. 

Q. You knew that before that ?—A. Yes; I did. 

Q. Did you call the registrar’s attention to that fact?—A. No, sir; I didn’t. 

Q. Did you enter a challenge against him?—A. I did not. 

Q. Did you make known to the registrar or judges of election that fact?—A. 
No, sir; I did not. 

Q. He swore, didn’t he, that he was a resident?—A. I don’t know. 

Q. He was on the registration book?—A. Yes. 

Q. Now, Marvin Baker, when did he come there?—A. September 20. 

Q. Where did he come from?—A. Kannapolis. 

Q. Had he ever lived in Mooresville before?—A. Yes. 

Q. How long before that?—A. About a year. 

Q. When did he move away from there?—A. He moved a wav from Mooresville 
some time during 1919, about a year before that. 

Q. What did he do in Kannapolis?—A. I suppose he was working in the 
mill, I don’t know. 

Q. Do you know whether he gave up his residence there in Mooresville or 
not?—A. Yes. When he went to Kannapolis—he didn’t go to Kannapolis from 
Mooresville—went to Winston. 

Q. He went there to get work?—A. I suppose so. 

Q. Don’t you know it was his purpose to return back to Mooresville?—A I 
don’t know that. 

Q. You don’t know what his intention was?—A. No, sir. 

Q. When he worked in Kannapolis did you know his intention was to return to 
Mooresville?—A. I don’t know what his intentions was. 

Q. You don’t know whether he gave up his residence in Mooresvills?—A I 
know he told the registrar he was not entitled to register in Mooresville 

Q. Who was the registrar?—A. Mr. Brawley. 


CAMPBELL, VS. DOUGHTON. 165 

Q. Did you hear him tell the registrar that?—A. He told me that he did; 
Mr. Baker said he told him that. 

Q. Did you ever tell the registrar that? When did he tell you that?—A. 
Sometime during November or December. 

Q. After the election?—A. Yes. 

Q- Did you tell the registrar that?—A. No, sir. 

Q. You didn’t know it before the election?—A. There hadn’t been anything to 
call my particular attention to either the two cases until election day. 

Q. Did he vote in No. 2?—A. Yes. 

Q. Was it No. 1 or No. 2 you spoke of that this fellow voted in?—A. No. 2. 

Q. Do you know as a fact that he has never been on the registration books in 
No. 2?—A. I thought it was No. 2. 

Q. You were a judge in No. 2?—A. Yes. 

Q. Don’t you know he was not even registered in No. 2?—A. I know he moved 
back into No. 2. If he voted at all he ought to have in No. 2, for that is ward 
he lived. 

Q. Didn’t you tell these gentlemen that he voted?—A. I think he did. 

Q. Don’t you know he is not on the registration book and didn’t vote in that 
ward?—A. I think he voted in No. 2. 

Q. Since you have refreshel your recollection, do you say whether he voted 
or not?—A. If you will let me refer to the polling book I can .testify positively. 

Q. Why didn’t you refer to that before you swore?—A. I didn’t know they 
were going to call me up here on that. 

Q. You know we all have uncertain memories?—A. I don’t claim my memory 
is absolutely certain. 

Q. If the poll books show he was not on and the registration book didn’t, you 
yourself swear he voted?—A. I guess I would have to acknowledge I was mis¬ 
taken. 

Q. You didn’t challenge him, did you?—A. No, sir. 

Q. Do you remember as a distinct fact seeing him go up to the polls and 
vote on the 2d of November, Mr. Baker ?—A. I could not state positively. Inde¬ 
pendent of the record, I could not state positively that I remember him voting. 

Q. And you haven’t examined the record?—A. I haven’t examined it as to 
that particular point to-day. 

Q. If you are mistaken on that, isn’t it possible that you may have been mis¬ 
taken about some other matters you swore about?—A. I am not mistaken about 
any of those records I kept. 

Q. Go ahead and look for that name.—A. (Witness looks on list.) I presume 
I was mistaken. I supposed, of course, he voted in No. 2, for that is ward he 
moved into. No. 2. 

Q. So on your list—this is your own private memorandum—you don’t find 
that name?—^A. No, sir. 

Q. So you are mistaken when you say he registered and voted in No. 2?— 
A. Yes. 

Q. That shows the uncertainty of the human mind. Would you swear now 
that you might be mistaken in many other things you swore to?—A. I don’t 
think I was mistaken about anything else. 

Redirect examination by Mr. Dulin : 

Q. On your direct examination you stated that you heard this party tell the 
registrar that he had no right to vote?—A. He told me that he told the registrar 
that. 

Q. That he had no right to vote?—A. Yes; that he hadn’t been there long 
enough; and I took it for granted that it was precinct No. 2 without having 
referred to the record. 

Q. (Handing witness book.) Look on that registration book. Coddle Creek 
No. 1, and see if you can find his name.—A. I don’t see it on there. 

Recross examination: 

Q. His name is not on the registration book?—A. I don’t know what this 
book is; it is neither the registration book or the poll book; it is not in this 
record. 

Q. Look on the back of the book.—A. It is registration book. 

Q. You say it is not on that book?—^A. Yes. 

Q. Have you looked ?—A. I thought I had ; I don’t see it. 

Q. Don’t find it on there?—A. No, sir. 


166 


CAMPBELL VS. DOUGHTON. 


Mr. W. T. KILPATRICK, being called by contestant, testifies. 

Direct examination by Mr. Holton : 

Q. What connection did you have with the last election?—A. Was registrar. 

Q. Where?—A. Olin Township. 

Q. Who assisted in holding the election on November 2?—A. Mr. Harmon and 
Mr. Link. 

Q. How many absentee votes did you have?—A. Four, I think. 

Q. Did you open them?—A. Yes; I did. 

Q. Did you know who they were?—A. Yes. 

Q. Give the names.—A. Mrs. W. W. Holland. 

Q. How did she vote?—A. Voted Democratic ticket. 

Q. Give us another one.—A. Mrs. Isabell Millsaps; she voted Democratic 
ticket. Mrs. L. W. Bell voted Democratic ticket. Arthur ThaiTe voted Repub¬ 
lican ticket. 

Q. How were these votes voted; were there tickets in the envelopes?— A. 
Tickets in there inclosed with the certificates. 

Q. Where did they live?—A. Lived in Olin Township. 

Q. All lived in Olin Township?—A. Yes. 

Q. Where are those certificates?—A. I think I turned them in to Mr. Lewis. 

Q. You haven’t seen them since?—A. No, sir. 

Q. How many ’did you register in that precinct?—rA. I don’t remember; I think 
it was 210. 

Q. Did they register on regular days—registration days?—A. Yes; some of 
them came to my home. 

Q. You didn’t go to anybody’s home?—A. Yes. 

Q. How many did you go to?—A. I went to several. 

Q. Men or women?—A. Women generally. 

Q. You went to the Democratic voters?—A. I went to the Republican voters if 
they requested it. 

Q. How many Republican voters did you go to?—A. I didn’t specially go to 
any. I have stopped and gone there where they asked me to do so. 

Q. You went to some who were pointed out to your Democratic leaders that 
they were Democrats?—A. Yes; after they had requested me to do so. 

Q. Who requested you?—A. The persons that wanted to be registered. 

Q. You didn’t see them until you went there?—A. They could send me word. 

Q. You got word through the workers?—A. Yes. 

Q. Did you go in the nighttime?—A. Sometime at night and sometime in the 
daytime. 

Q. Did you swear all you put on the registration book?—A. Yes; all except 
two or three. 

Q. Did you know who they were?—A. They were sick in bed and I didn’t 
require them to take the oath. 

Q. Did you go to their houses?—A. Yes. 

Q. Can you name a Republican to whose house you went?—A. A. L. Ryan. 
He requested me to stop and register his wife some night, and I did. 

Q. That is the only one you can name?—A. Yes. 

Q. How many days did you put in in registering other than the regular 
registration days?—A. I could not tell—sometimes be out little while in going to 
a place where they requested me to go, and sometimes be a day or two before I 
would go again. 

Q. You didn’t get any pay for it except what you got under the law?—A. 
Certainly not. 

Cross-examination by Mr. Long : 

Q. You are the registrar, I believe you said, of Olin Township?—A. Yes. 

Q. Did you deliver to the election officers on election day all the absentee 
votes that came into your possession?—A. Yes.; after 3 o’clock. 

Q. Did you open the votes?—A. Yes. 

Q. They were submitted to the election officers?—A. Submitted to the two 
judges, who put them in the boxes. 

Q. They were approved and voted?—A. Yes. 

Q. The parties of whom you spoke you registered who were sick at their 
homes, were you satisfied of their qualifications?—A. Yes. 

Q. You know the parties and were satisfied that they were duly entitled to 
registration?—A. Yes. 


CAMPBELL VS. DOUGHTON. 


167 


Q. Were there any requests made of you by anybody, Republicans or Demo¬ 
crats, that you.failed and refused to comply with in regard to registration?—A. 
Two requested me when I didn’t get the word—one a Democrat and one Repub¬ 
lican. 

Q. Did any requests come to you that you know of that you didn’t comply 
with?—A. No, sir. 

Q. Did you bold your books, open at all times and give everybody an oppor¬ 
tunity to register?—A. Yes. 

Q. At what time was it that you made any visits around your township to do 
this registration? Toward the last of the period of the registration?—A. 
Toward the latter part. 

Q. I ask you, as a fact, if virtually all the Republicans were not registered 
up to that time?—A. Yes. 

Redirect examination by Mr. Holton : 

Q. Were those absentees absentee registrants?—A. They were regularly reg¬ 
istered. 

Q. You didn’t have any of those that Mr. Lewis handed you?—A. No, sir; all 
in the township. 

Q. When you went to the persons to register them you were more anxious to 
go to the Democrats, of course, to register them?—A. I went to all that sent me 
word to come, that wanted to register. 

Q. You were more anxious to hunt up the Democrats than you were the 
Republicans?—A. Yes; I am a Democrat. 

Q. You swear that you were not any more anxious to hunt up the Democrats 
than you were the Republicans?—A. I don’t think I was. 

Mr. J. A. BRADFORD, recalled, testified for contestee. 

Cross-examination: 

Q. You were on the stand this morning?—A. Yes. 

Q. You were a registrar in the last election? In Shiloh Township?—A. Yes. 

Q. Y’^ou heard the witness Mr. Stewart speak this morning of some delay in 
opening the place of voting on election day at your precinct?—A. Yes. 

Q. I wish you would state how that was in regard to opening the polls that 
morning.—A. We got up there .just about sunup and Uncle Lee Bradford had 
the keys to the store and the voting boxes were in the store. 

Q. Whose store ?^—A. Uncle Lee Bradford’s. He was at home and had the 
keys and we could not get in the store. 

Q. Is that the polling place?—A. Yes; and -I got in the machine and started 
to Uncle Lee’s home to get the keys, and I met him coming to the store, so I 
went on back, and when he opened up I went in and asked him where the boxes 
were, and he told me he didn’t know. He told me to go unstairs and look in Dr. 
Little’s office, in a vacant room up there, he thought probably they were up there. 
So I went up there and looked and I could not find them, and come on back 
down and told him they were not up there. He told me then to look in behind 
the counter, and so I looked in behind the counter and I finally found a couple 
at one place and couple, or maybe one. at another, and we finally got what was 
there out at the place where we thought we were going to take a stand—under¬ 
stand us, when we got set ui) out there we didn’t have enough boxes. 

Q. Out where?—A. Out at the place of voting. 

Q. Near the store?—A. Yes. 

Q. Outdoors?—A. Yes. So I went back to the store again on seach for an¬ 
other box and I was informed by Mr. Bradford that there were no more boxes 
there, and Col. Watts told me, said, “ We must get something.” I went back 
and got a soap box which we voted in for our amendment box, amendment to 
the constitution. So in the meantime of this we set up twi'-e; that is, started 
to vote twice. First we discussed about voting on Mr. Bradford’s store porch, 
and he objected to that; that it would cause trouble about getting in the store 
and out. and he objected to that so we went out to Mr. Brady’s. 

Q. Who is that?—A. The officers of the election. We all of us went out to 
Mr. Brady’s store and started up out there. 

Q. Is that near there, across the road?—A. Yes; and so-we started up out 
there. Probably a half dozen votes were cast. It got to raining. We could 
not keep our things dry. That threw us to move again and the next time we 
moved we moved over in front of the old blacksmith shop that had a kind of 
porch to it and remained through the day. 


168 


CAMPBELL VS. DOUGHTON. 


Q. Was there any delay in opening the polls on yoiir account or any of the 
election officers?—A. There was not after we got the keys. 

Q. You were disturl)ed by the elements?—A. I was on the trot all the time, 
and I can prove I was—did all in my power to get started up. 

Q. Anybody prevented from voting on account of that delay?—A. No, sir. 

Q. There Avas something said about a bunch of tickets that was put in one box, 
what was that? State the circumstances about that and what became of them. 
You discovered it, as I understood the witness to say, when you went to count 
out the votes?—A. Well, when we went to count the votes along up about dinner 
time the official parties agreed to let so-and-so take this box and so-and-so that 
one so we could get away from there before night. So they took this box and 
that box and went off, one of each party. One would take, for instance, the 
county box and go off with it and count it. When they got to the State box 
we found a ticket in it, a county ticket, Congress ticket. State ticket, and Presi¬ 
dential ticket—in other words, the whole Democratic ticket pinned together, 
with the constitutional amendment ticket to it. 

Q. In one box?—A. In the State box; so they come back and reported it; so 
we discussed the matter, and this is the terms we come to on it: We decided 
that it M’as through a mistake that the ticket happened to get in there as it was 
the first time the ladies ever vote<l, and some one had come up and put it in that 
box, and so we decided this—that we would count tlie ticket, provided it tallied 
up with the ])oll books, but if not we would throw the ticket away, and so we 
went ahead and voted the ticket and counted up at the final wind-up of the 
election day and the tickets and the poll book tallied up, and that still made us 
believe more it was a mistake. 

Q. Was that agreed to by all the officers?—A. Yes. 

Q. Is that the ticket that was spoken of Mr. Watts putting in the congres¬ 
sional ticket?—A. Yes. 

Q. There was something said about some delay, some explanation of Mr. 
Watts about the amendment?—A. I saw three or four men on the ground; 
I didn’t hear any public speeches take place of any kind. Along about 10 or 11 
o’clock Col. Watts insisted on some of the Republicans to vote this amendment 
ticket, and went ahead and insisted on them doing so, because he said he 
thought it was to their interests to vote it. 

Q. Any interruption of the election?—^A. No. 

Q. Just a discussion of the amendment matter?—A. Yes; and maybe several 
times he would take his man off in behind the little shop and talk to him 
about it. 

Q. You spoke about when you went to count the vote of parceling out the 
various boxes to representatives of each party to count out?—A. If I understand 
your (piestion now—say, this is the county box—we would select for this 
county box a Democrat and a Republican—the officers of the election would 
appoint a Democrat and Republican to take this box off and count it and come 
back and make a report on it. 

Q. You divided off the boxes for the purpose of counting up the voting?— 
A. Yes. 

Q. Right there at the voting place?—A. Yes. 

Q. The returns were all made up and certified and approved and signed by 
all the election officers?—A. Yes. 

Q. The counting was all done there in the presence of the election officers?— 
A. Yes; in the whole crowd. 

Q. The returns were made up peaceably, agreeably, and certified to?—A. Oh, 
yes; I have been at elections a good many years, and I never saw a quieter 
election in Shiloh in my life; no fussing; one little old fracas. 

Q. Any dispute about your count or anything?—A. Not a thing in the world. 

Redirect examination by Mr. Holton : 

(}. You say that counting begun about 12 o'clock?—A. The counting begun 
right along about 12 o’clock. Col. Watts made some remarks about this amend¬ 
ment along about 10 or 11—the counting began along about 12 o’clock. 

Q. Where did they take the boxes to count them—how far away?—A. They 
took them to different places, as I understand it. 

Q. How far away?—A. I think probably they took one over to INIi-. Brady’s 
w'oodhouse. 

Q. How far away?—A. It may have been 50 yards, maybe. 

Q. Went into the house?—A. Went into the woodhouse, as well as I remem¬ 
ber—as well as I have been informed about it. 


CAMPBELL VS. DOUGHTOIT. 169 

Q. They had all the ballots counted before 3 o’clock?—A. Didn’t count them 
all until the wind-up of the evening. 

Q. All that had been polled up to that time?—A. Yes; I think they counted 
them all about one time. 

Q. Took all the boxes over to the woodhouse?—A. No, sir; they went to 
different places. Suppose Republican and Democrat would take the county 
box, go to the woodhouse or some other place in the dry. 

Q. Out of your presence?—^A. Yes. 

Q. You did all tlie boxes that way?—A. Yes. 

Q. And they would come back and report to you?—A. Yes. 

Q. Then what would you do with the tickets?—A. We would mark it down. 

Q. The tickets that were counted, what became of them?—A. We took them 
and put them in another box. 

Q. Didn’t seal them up?—^A. No, sir. 

O. They were just left there when the election closed?—^A. Yes. 

Q. About that ticket that went in that you speak about, that went in pinned 
up, did it? — A. Yes. , 

Q. You had a national ticket, elector; then you had the State ticket; the 
State ticket contained the candidate for the United States Senate and the can¬ 
didates for the State offices?—A. Full ticket. 

Q. Then you had the county, ticket?—A. Yes. 

Q. Then the congressional ticket?—A. Y’^es. 

Q. And the amendment?—A. Yes. 

Q. That is the way it run?—A. That was the substance of it. 

Q. All these several tickets were pinned together in that package?—A. Yes. 

Q. You didn’t find in that package the congressional ticket, did you—A. No, 
sir. 

Q. Mr. Watts picked up one from the table and said, “ We will put that 
in”?—A. I would like to make a little explanation right there. The way the 
tickets were pinned together. First, it was a congressional ticket on top. 

Q. There was no congressional ticket on that.—A. Amendment ticket on that 
for congressional ticket—the amendment ticket was put on top. The amendment 
ticket the way the rest had been pinned had come at last. The first ticket 
voted was the congressional ticket, and on top of this whole bunch of tickets 
there lay an amendment ticket, and we discussed the matter and decided it was 
done through mistake. 

ii. Then you got another ticket that was there on the table?—A. Col. Watts 
picked up one and told us to vote it. 

Q. That was his voting precinct out there?—A. Yes. 

Q. You did what Mr. Watts said—you were taking instructions from Mr. 
Watts?—A. No; we officers of the election talked about the matter. 

Q. He was the man that picked up the ticket and put it in the box?—A. Yes; 
he picked up one. 

Q. He put it in?—A. I think I put it in. 

Q. That was the ticket for i\Ir. Doughton?—A. Yes; if I am not mistaken, 
I think I put it in myself. 

Q. Any opposition to it?—A. AVe talked for maybe two minutes about it. 

Q. Some of them contended that was not the proper way?—A. I don’t know 
tha*!; anybody contended for the, but we discussed what we did think about it; 
we changed views about it. 

Q. Some of the Republican voters opposed it, didn’t they?—A. I really won’t 
answer that question; I am not certain whether they did or not; but it came up 
for matter of discussion. 

Q. Didn’t Mr. Watts and a man by the name of Rosemond have a pretty hot 
discussion about it?—A. Mr. Watts and Mr. Rosemond had some pretty lively 
discussion. 

Q. Came pretty near to coming to blows about it?—A. I could not say; they 
had some discussion about this—Air. Rosemond and different ones. 

Q. Mr. Rosemond was opposed to voting the Doughton ticket?—A. I think In' 
was on the start, but, if I understood it right then, why, finally Mr. Rosemond 
agreed to it, j)roviding it chec'ked up with the poll book. 

Q. That is the way it got in?—A. Yes; that is the way it got in. 

Q. Do you know Dalton Lackey?—A. Yes. 

Q. You registered his wife?—A. Y’^es. 

Q. Don’t you remeinbei- registering her at the instance of her son and she 
was not present?—A. I just cant remember. 


170 


CAMPBELL VS. DOUGHTON. 


Q. Did you do much of that?—A. Well, I just can’t remember; I won’t say 
whether I did or whetlier I didn’t, because I can’t remember. 

Q. You don’t say she was present?—A. No, sir; I won’t say tliat either. 

Q. Do you remember rei?istering Mamie Stevenson?—A. Yes. 

Q. She was out at the field and her mother i*ej?istered for her?—A. No, sir. 

Q. She was present?—A. Came alons one Saturday morning when I was at 
the polls and registered her. 

Q. That was after the registration books closed?—A. Oh, no. I didn’t put 
anybody on after that. I registered her the 23d of October—I think if you will 
look at the book you will find it. 

Q. Hadn’t her mother before that registered her?—A. Why, no, sir; T didn’t 
register her but once. 

Q. Wasn’t she in the held when you went there to register?—A. I called there 
at that place. 

Q. How many times did you call?—A. I didn’t call there but once, and there 
was some confusion came up that Mr. Stevenson was the head of the house, 
and it seemed like, in one sense of the word, they might be opposed to it, and I 
kinder backed off, say, and got out. 

Q. Opposed to Mamie registering?—A. Opposed to the ladies registering and 
voting. 

Q. Didn’t you tell them they must register?—A. I gave them the chance, and 
I told them a large per cent were registering, and I did insi'^t on it. 

Q. This girl was not there?—A. I think she was in the house. This lady I 
talked to about it she seemed to be opposed to it, and she said that Mr. Steven¬ 
son was boss of the house, or something to that effect. 

Q. Did you get her name on the books from that lady?—A. No, sir; I regis¬ 
tered her at the polls. Miss Mamie Stevenson. 

Q. How far was that from her home?—A. I could not say; I would think it 
was in the neighborhood of 3 miles. 

Q. I ask you if you didn’t take her name that day and put it on the books, 
and after the books closed for registration then you swore her?—A. No, sir; I 
swear I didn’t do it. 

Q. Were you at the house of Mrs. R. L. S. Colter the night before the elec¬ 
tion?—A. No, sir; I was not there. 

Q. You were not there with your registration book?—^A. I was not there the 
night before the election. 

Q. Were you there after the poll books closed for registration?—A. No, sir. 

Q, Were you at the home of Mrs, Royster Moore after the closing of the reg¬ 
istration?—A. No, sir; I will be qualified that I didn’t put any on after the 
books were closed; I put the two on that I told you this morning, and that is 
all I did put on; and it is not worth while taking up the time. 

Recross-examination ; 

Q. You did state this morning and state now that there were,one or two 
parties that you did register there through parents of both paOties?—^A. THvo 
came of age on election day; I put them on. 

Q. You spoke of this prepared ballot—as I understand you, the first vote to 
be voted was the congressional vote, and where the congressional vote was sup¬ 
posed to me, in its stead was an amendment vote?—A. Yes. 

Q. And then there was another place in this ballot for the amendment?—A. 
Yes. 

Q. And you had n discussion about that matter, and it was agreed by the 
judges of the election and election officials, after the election that if it tallied 
up that this congressional vote that Mr. Watts suggested was to be counted, and 
if it didn’t, was not?—A. Y^es. 

Q. On your counting did it tally up?—^A. Y’^es. 

Q, Was any protest made about it?—A. Not a word. 

Q. I understood you to say a while ago that your congressional box was 
counted out there where you voted?—A. I think it was; but I will tell you I 
was busy there; I was keeping the book part of the time; I don’t know where 
they went with this and that box. 

Q. You do know it was all done by the agreement of the election officials?— 
A. Yes? 

Q. And that a representative of both parties was present?—A. Yes; in other 
words, this is the voting place here, the first coming in this way—that is, the 
first box was the congressional box. The last box was amendment box, and on 
this ticket in the State box here lay an amendment ticket. 


CAMPBELL VS. DOUGHTON. 


171 


Q. After the votes were counted out, was any question raised about the 
counting of the votes?—A. None whatever. 

Q. And the election returns were certified by your election officials without 
protest?—A. Yes. 


Mr. J. H. STEWART, recalled, testified for contestant as follows: 

Direct examination by Mr. Holton : 

Q. You were one of the judges of the election?—A. Yes. 

Q. Do you remember when this vote was put in for Mr. Doughton by Mr. 
Watts?—A. Yes. 

Q. What occurred there?—A. On that morning about half past 11 o’clock it 
was suggested by one Mr. Bradford or Mr. McNeill, I don’t remember which, 
that Mr. McNeill and myself would appoint one on each side some time in the 
afternoon and let them go ahead and get to counting the votes, put them up in 
bunches of 50, and put a rubber bqnd around them. I named W. B. Gant for 
the county box, and Mr. McNeill or Mr. Bradford one named E. D. Brady with 
him. 

Q. What was said about this vote that was pinned together and one put in 
for Mr. Doughton by Mr. Watts?—A. We turned the contents of one of these 
boxes over to Austin Watts and Walter Brown, and they were gone quite a good 
little while and came back with the ticket pinned together. 

Q. Did that ticket have Mr. Doughton’s ticket on it?—A. We wanted to know 
why they brought it back, and Mr. Watts said he wanted it voted. 

Q. Go ahead.—A. I told Mr. Watts that ticket could not be gotten into the 
box, one objection to the ticket being voted, and it could not be gotten into 
either box in its proper form pinned together. He said it did get in there, and 
I said, “ What do you want done with it? ” He said he wanted it unpinned and 
distributed amongst its respective boxes, and over my protest they did unpin 
it and started to distribute it, and the first ticket they started to distribute was 
justice of the peace ticket, J. R. Warren, in place of the congressional ticket, 
and hunting through the ticket they never found a congressional ticket in it. 
Col. Watts said there was a congressional ticket in it. Mr. Rosemond told him 
it was not, and they got into a heated conversation; put the lie pretty heavy. 
Austin cussed and swore—you could have heard it from here to the courthouse— 
and swore it was going to be put in; that Doughton ticket was going to be 
put in. 

Q. Then, there was some discussion about it?—A. Come mighty near coming 
to blows. 

Q. Did you agree to it?—A. I didn’t. Objected all the way through. 


Cross-examination by Mr. Long : 

Q. All the tickets in this bunch were Democratic?—A. Every one. 

Q. Mr. Walter Brown, of whom you spoke with Mr. Watts counting the boxes, 
Mr. Brown is a trustworthy, honorable Republican?—A. Yes. 

Q. Mr. Brown and Mr. Watts said this bunch of tickets was found in the 
congressional box?—A. Yes. 

Q. The only question in the world was that they were all in one box, justice 
of the peace tickets where the congressional ticket was supposed to be.—A. Yes. 

Q. And Mr. Watts insisted that it was simply an error, and that the con¬ 
gressional tickets should be put in the congressional box and the other tickets 
put in the respective boxes?—A. Yes. 

Q. Mr. Brown agreed to that'?—A. No, sir. 

Q. Did he object to it?—A. He objected to it. 

Q. It was finally ruled by the election officials that that should be done?—A. 
It was unanimously objected to by the Republicans and unanimously consented 
to by the Democrats. They let it go in. The election officials ruled. 

Q. The Democrats had the majority of the election officials; is that what 

you mean?—A. Yes. , „ . t 

Q. The Democrats voted to put it in and you voted to not put it in?—A. I 

objected to it. 

Q. They put it in over your objection?—A. They did. 

Q. That is the only dispute you had about the count of that box or any other 

Did ^u have any other dispute about that box?—A. About all the boxes. 
Q. They were settled there that day?—A. No, sir. 

Q. The election officials ruled on it, did they not?—A. The Democratic 
officials did. 


172 


CAMPBELL VS. DOUGHTON. 


Q. You voted agninst it?—A. We didn’t get tlie chance to vote at all. 

Q. They could not keep yon from voting no?—A. They didn’t look at us; 
they went ahead and put it in. 

Q. You objected, didn’t you?—A. After the absentee votes had been cast, 
about 5 o’clock in the evening, E. E. Johnson came down there and give the 
registrar a letter, and the registrar took it and looked at it, and the registrar 
looked at it and give it a sling and said, “ That ain’t worth a damn now,” and 
throwed it about as far as from me to you. Austin Watts said, “What is 
that? ” He was told it was an absentee vote. 

Q. The registrar threw it away?—A. Yes. Austin got up and said the law 
said they could not he opened before 3 o’clock, but he was damned glad that 
it didn’t say when it should he stopped voting, and said, “ W^e will vote her.” 

Q. W^as it voted?—A. Certainly was. 

Q. I ask you that if after these votes were counted if you closed the election? 
Didn’t you sign the election returns?—A. Yes. 

Q. You signed whatever returns were sent here?—A. Yes. 

Redirect examination: 

Q. Did Mr. Wyatts live in that precinct?—A. No, sir; never has lived there 
in my recollection. 

Q. Has he voted in there?—A. Yes. 

Q. Voted Democratic ticket?—A. Yes. 

Q. How was this vote that was brought in there that was thrown 10 feet 
by the registrar?—A. Democratic vote. 

Q. Whereabouts was the congressional box counted out? How far away 
from your polls did they take it?—A. I declare I believe the congressional box 
was counted right in the back of E. D. Brady’s old storehouse. 

Q. Out of your presence?—A. Yes. 

Q. Wdiat did they do with the tickets while they were counting these 
boxes?—A. They went some place and got a box. 

Q. Substituted another box?—A. No, sir; stopped voting long enough to 
take the tickets out of the State box, and they took them off and counted 
them—took them out of the regular box and left the regular box there. 

Q. Each box, congressional included?—A. Yes; all the boxes—commenced 
about 2 o’clock. 

Q. You say Col. Watts had the congressional box?—A. I think it was either 
the State or National that he and Walter Brown had. 

Q. They found this ticket pinned together in that box?—A. I won’t be posi¬ 
tive which box it was. It was either State or National box—one they brought 
this ticket out. 

Q. Did you say he put a ticket in for Mr. Doughton?—A. I think Mr. Watts 
did it himself. I am sure that none of the poll holders put it in. 

Recross-examination : 

Q. You know that Mr. Watts, to your certain knowledge, has never cast a 
vote anywhere else but Shiloh?—A. Never did. 

Q. He claimed that as his home?—A. He has never lived there in my recol¬ 
lection. 

Q. Don’t you know he was born there?—A. Certainly he was. 

Q. And raised and lived there until he was 2.5 or 30'years of age?—A. There 
is a little bit of difference between his age and mine. 

Q. I am talking about to your knowledge.—A. He has never lived there in 
my knowledge. 

Q. Do you know that he has ever taken up citizenship anywhere except 
Shiloh?—A. I can’t swear; he has no residence. 

Q. Didn’t you swear a while ago that Mr. Walter Brown and Mr. Austin 
Watts were selected to count out the congressional box, and did do it, counting 
it out and brought back this vote?—A. No ; if I said it, it was an error. 

Q. M hat do you say now?—A. I say it was either one or two, national or 
State box. 

Q. Who did count the congressional box?—A. W. D. Gant and E. D. Brady. 

Q. Mr. Gant and Brady counted the congressional box?—A. They did. 

Q. Mr. Gant is here now?—A. Yes. 

Q. I ask you about the congressional box—there are no proven irregularities 
of Mr. Doughton there?—A. No. 

Q. No trouble about it?—A. No. 

Q. Where did Mr. Gant and Mr. Brady have the congressional box when 
' they counted it?—A. I don’t know that. 


CAMPBELL. VS. DOUGHTON. 


> 


173 


Q. Were they in your sii?ht?—A. I don’t know. 

Q. You didn’t have any question about Mr. Gant counting that box right?— 
A. Nor Mr. Brady, either one. 

Q. You don’t impute tlie integrity of Mr. Brown who counted the box with 
Mr. Watts?—A. I do not. 

(Hearings resumed at 11 o’clock, Friday, February 18, 1921, before Monroe 
Adams, Esq., notary public and commissioner of testimony. Present on behalf 
of contestant. Contestant James I. Campbell in person and attorneys James J. 
Britt, P. P. Dulin, and W. L. Campbell. On behalf of contestee, contestee in 
person and his attorneys, Messrs. Z. V. Long, W. D. Turner, and Lewis ik 
Lewis.) 

Mr. R. L. SHOEMAKER, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. New Hope township. 

Q. State whether you are a voter in that precinct?—A. Yes; I am. 

Q. How long have you lived there?—A. All my life. 

Q. What is your age?—A. Thirty-nine. 

Q. What is your politics?—A. Democrat. 

Q. State whether at the election held Nevember 2, 1920, you were the regis¬ 
trar of the election in that precinct?—A. I was. 

Q. Name the two voters that composed the other two members of the election 
board in your precinct?—A. J. P. Williams and L. P. Younger. 

Q. About what time did you open the polls in your precinct?—A. About sun¬ 
up, I suppose. 

Q. Was the oath of registrar administered to you and each of you?—A. I 
just don’t remember—don’t remember whether it was or not. 

Q. You don’t know whether you were sworn or not?—A. I just don’t re¬ 
member. 

Q. That has been about three and one-half months ago—refresh your memory 
and see if you can recall if you were sworn, and if so, by whom?—A. I don’t 
remember whether I was or not. 

Q. What was the total registration in your precinct, or about what, if you 
don’t recall exactly?—A. I think something over 400. 

Q. What proportion did you find on the register when it came into your 
hands, as old registrants?—A. I don’t remember that either. 

Q. Do you remember about how many names you put on the register?—A. I 
think around 200. 

Q. State whether on the four Saturdays next preceding the first Saturday 
before the election you were at the polling place for the purpose of entering 
registrants?—A. Yes; I was there. 

Q. During what hours were you there?—A. From 9 until sundown. 

Q. What is your business?—A. I farm. 

Q. Where is the voting precinct in relation to your home?—A. About a mile. 

Q. What sort of house or booth was it where you had the election?—A. We 
really didn’t have any house; we voted there on the porch of Miller’s house. 

Q. At whose house?—A. A. M. Guy lived there then—he did live there; I am 
not sure whether he lived there at that time. 

Q. State whether you applied the oath of qualification to those making ap¬ 
plication for registration?—A. I don’t know whether I did in all cases or not; I 
might have missed some. 

Q This has only been three and one-half months ago. You do remember 
wlmther you administered the oath, do you not?—A. I might have missed a 
few; suppose maybe I did. 

Q. About how many?— A. I would not know. 

Q You think you swore a third of them?—A. Oh, yes; more than that. 

Q. Did you swear a half?—A. Well, to make a guess at it, I would say three- 

fourths anyway, possibly more. o a t i 

Q Why did you swear some and neglect to swear others?—A. Where I knew 
a nian well and knew he had been in the township long enough, and maybe 

sometimes through an oversight. ^ n 

Q Do you know the voters up there pretty well?—A. Tolerably well. 

Q. That is a large precinct, isn’t it?—A. I don’t know whether you would call 

it large or not. 

Q. I mean in area.— A. Pretty large; yes. , r n 

Q. You say it is 2 miles across it at its greatest length?—A. Yes; I would 

say that much or more. 


174 


CAMPBELL VS. DOUGHTON. 


Q. Would you say it is 5 miles?—A. No, sir; I would not think it is hardly 5; 
maybe it is. I am not sure about that. 

Q. Do you think that you knew, as to all those you didn’t swear, that they 
had been in the State long enough to vote? How long should they have been 
in the State to qualify them to vote?—A. Two years. 

Q. Do you think they have been in the county long enough?—A. Yes. 

Q. How long should they have been in the county?—A. Six months. 

Q. Do you think they had been in the precinct long enough?—A. Yes. 

Q. How long was that?—A. Four months. 

Q. Do you think you know whether they had paid their poll tax?—A. I 
didn’t ask them about the poll tax. 

Q. You didn’t have any means of knowing that?—A. No, sir. 

Q. As matter of fact, you didn’t know?—A. No, sir. 

Q. So as to that large proportion of voters of that precinct to whom you 
didn’t administer the oath, you don’t know whether they were or were not 
qualitied as to the payment of poll tax?—A. No, sir. 

Q. How did you occupy yourself as registrar on the days other than the four 
Saturdays referred to?—A. I just don’t remember; I suppose I was farming 
some. 

Q. I mean officially. What did you do by way of registering voters; did you 
keep your books open all the time?—A. I was not at home all the time, and I 
registered anybody, of course, if I was there, if they came along. 

Q. Did anybody come to register on any days other than the four Satur¬ 
days?—A. Yes. 

Q. Where did they come to?—A. My house. 

Q. Did you regi.ster all that came?—A. So far as I remember all that were 
qualified to register. 

Q. You didn’t refuse to register anybody that came?—A. Not that I remem¬ 
ber; no, sir. 

Q. How much traveling over the precinct did you do to find persons to 
register them?—A. I could not say hardly as to how much. 

Q. Do you own an automobile or a Ford?—A. Yes. 

Q. Did you travel in your Ford?—A. Some. 

Q. The roads are travelable, are they, in a Ford?—A. Some places you could 
make it all right. 

Q. Did you put in as much as 10 days?—A. No, sir. 

Q. Did you put in five?—A. Well, no, sir. 

Q. So when you started on your itineraries to register voters did you take 
the houses in order, as you found them, and register all alike continuously. 
For instance, did you start up a certain road and take all the population, men 
and women. Democrats' and Republicans, starting with A, a Democrat, next 
R, a Republican, taking him, C, a Democrat—is that the way in which- you 
proceeded with your work?-—A. Where I had reason to know they wanted to 
register I stopped. 

Q. Didn’t all want to register?—A. A lot of ladies seemed slow about regis¬ 
tering—I didn’t know whether they were all going to register or not. 

Q. Did you advise with anybody in your party management as to how you 
should conduct your visits out on the trip—get any advice from Mr. Hartness?— 
A. I don’t think so. 

Q. Have any ideas from any of the others, any of the party management on 
that side, from Mr. Lewis or Mr. Long?—A. I don’t recall if I did. 

Q. Don’t you think you would recall if you had had such counsel? How 
often did you come to Statesville?—A. Once in two weeks I averaged, or some¬ 
thing like that. 

Q. You are interested in the success of your party and you discussed its 
success with the leaders?—A. Sometimes. 

Q. Did you ever talk al)out the necessity of getting all the friends of Mr. 
Doughton and the other candidates on the ticket—getting them out to the polls 
to vote—did they talk to you that way?—A. Yes. 

Q. You understand your duties pretty well as registrar?—A. I suppose so. 

Q. You haven’t yet told me whether you were sworn. Give me your concep¬ 
tion of your duties—was it your conception of your duties that in all instances 
you were to exercise like care and like interest in the interest of voters, regard¬ 
less of party and regardless of sex?—A. Yes. 

Q. In accordance with that understanding of your duty, did you take just as 
much pains to find the Republicans to register them as you did the Demo¬ 
crats?—A. I don’t suppose I did. 


CAMPBELL VS. DOUGHTON. 


175 


Q. Isn’t it true that you didn’t go out with the purpose of registering any 
Republicans, but you went out for the purpose of registering your Democratic 
brethern?—A. The fact of the matter was that most of the Republican ladies 
had been registered at that time. 

Q. How about the men?—A. Not very many men to be registered. 

Q. You went out with the intention of finding the men and women of your 
own party, didn’t you—you thought that the days that you stayed in, on the 
Saturdays, were for the public generally?—A. I though it was fair to get them 
all on the books—in case they wanted to vote they could. 

Q. You were out for the purpose of getting the members of your party on 
the books?—A. Yes; and anybody else that wanted to. 

Q. Did you go to as many houses to find Republicans as you did Democrats 
in your township?—A. No, sir. 

Q. In this four or five days, then, that you traveled did you ever register any 
Republicans at all?—A. Yes. 

Q. Give their names?—A. I registered Mrs. Stella Mayberry. 

Q. She was on your way as you went around?—A. I don’t recall her name— 
it is Baxter Mayberry’s wife. 

Q. She was on the road as you went along?—A. Yes. 

Q. That is one; can you remember another?—A. I don’t remember—I might 
have registered several Republicans—I don’t know as to their politics, because 
it was pretty hard to tell all the time which way the ladies might vote. 

Q. You knew when you went to a Republican or Democratic family?—A. I 
have been fooled lots of times. 

Q. When you started out to a family you knew by reputation whether these 
people were considered Democrats or Republicans?—A. I generally knew; yes. 

Q. You knew what they were reputed to be?—A. I generally knew. 

Q. In all of your travels there you can’t recall registering but one Republican 
woman?—A. No, sir; I didn’t keep any records as to that. 

Q. What is your age?—A. Thirty-nine. 

Q. You are in the very prime of life—you have a good memory, haven’t 
you?—A. I guess ordinary. 

Q. You ought to remember as important a business transaction as that for 

months?—A. Fellow might not remember every one—could not hardly in 200 
or 300. 

Q. Do you recall whether Mrs. Stella Mayberry, to which you refer, ever 
voted?—A. I don’t know whether she did or not. 

Q. Do you know her father?—A. Yes. 

Q. Do you know his politics?—A. Yes. 

Q. What is it?—A. Sometimes he votes mixed ticket. 

Q. Who was Mrs. Mayberry’s father?—A. Smith. 

Q. Is he known to be Democrat?—A. I think he mixes his ticket some—I 
don’t know whether he votes straight or how. 

Q. Did he vote for Mr. Doughton?—A. I suppose so. 

Q. How did Mrs. Mayberry, the daughter vote?—A. I don’t know. 

Q. Do you know whether she voted?—A. No, sir; I don’t know. 

Q. You don’t recall the registering of any men of Republican faith?—A. No, 
sir; I don’t remember. 

Q. As a result of all these days of travel you recall service in behalf of the 
Republican voters to the extent of registering one woman whose politics was 
doubtful, and whether she voted at all was doubtful—that is the result of it, 
isn’t it?—A. I suppose so. 

Q. Do you recall how much compensation you received for the performance 
of .vour duties as registrar?—A. It was seventy-some dollars. 

Q. Do you know how the pay was reckoned?—A. No, sir. 

Q. You got so much per day?—A. And so much per name, I suppose. 

Q. You received it anyway?—A. Yes. 

Q. I ask you if you don’t know that the money which went to pay for that 
service came out of the public treasury of your county?—A. I suppose so. 

Q. Don’t .you know that that money is paid by way of taxes by all voters, 
regardless of party?—A. Yes. 

(i. And that the Republicans pay as well as the Democrats?—A. Yes. 

Q. And that in your precinct th«M-e hai)pened to be a large preponderance of 
Rei)ublicans?—A. Y^es. 

Q. Doesn’t it occur to you, both as a legal and moral duty, that in going 
out to hunt for registrants that you were under a legal and moral obligation 
to hunt for both alike?—A. The ({('publicans had them pretty much on the 
books, I thought. 







]76 


CAMPBELL VS. DOUGHTON. 


Q. You found but one of the opposite party and don’t know whether she 
voted, even?—A. I think she did, hut don’t reineinher whether she did or not. 

(Objection by the contestee, as the law does not require them to go out and 
hunt.) 

Q. You knew the law didn’t require you to go out, as Gov. Turner suggests?— 
A. Yes. 

Q. You took the extra ofRcial duty upon yourself of going out. to hunt up 
the Democratic voters and spent several days?—A. I thought as the Republican 
ladies were pretty well registered it was fair to get them all on the books and 
give them a chance to vote if they wanted to. 

Q. Were you hunting for the Republican ladies?—A. I would have registered 
them if I had run on them. 

Q. Were you hunting for them?—A. No, sir. 

Q. If you were hunting for them you had very poor success in your chase?— 
A. I don’t dviiow how many of them that I registered on my rounds voted Re¬ 
publican ticket or Democratic ticket. 

Q. You didn’t have equal interest in looking for and registering the voters 
out in the precinct of the Republican faith as you did of the Democratic 
faith?—A. No, sir. 

Q. Do you yet recall whether you were sworn as a registrar, and if so, by 
whom?—A. No, sir; I don’t remember. 

Q. I read to you a portion of section 5947 of the Revisal of 1905, being a 
part of the election law of the State, as follows: “ Every registrar, before enter¬ 
ing upon the discharge of the duties of his office, shall take the oath before a 
justice of the peace, or some other person authorized to administer oaths, that 
he will support the Constitution of the United States and the constitution of 
North Carolina, not inconsistent therewith, and that he would honestly and 
impartially discharge the duties of registering and honestly and fairly conduct 
such election.” If that should be a legal requirement, can you yet recall 
whether you complied with that legal requirement, whether you received from 
the lips of anybody the oath? 

Cross-examination by Mr. Turner : 

Q. You were sworn in in the spring to hold the primary election; were not 
all of them sworn in?—A. I don’t remember that, either. I suppose I was. I 
don’t remember whether I was or not; I could not say. 

Redirect examination by Mr. Britt ; 

Q. State now whether you were sworn.—A. I don’t remember whether I 
was sworn or not. 

Q. You were present on the day of election when the polls were opened?—A. 
Yes. 

Q. Did you or anyone else administer the oath to the other two judges that 
held the election?—A.. I don’t remember that. 

Q. If they were sworn you don’t know it?—A. I don’t know whether they 
were or not. 

Q. AVhen did you receive the tickets to be voted at the polls, including the 
congressional tickets?—.V. Some few days before the election, I think. 

Q. Do you remember in what form they were—how were they packed?—A. 
They were packed up in pasteboard boxes. 

Q. Who opened them?—A. I did, 

Q. Did you open them?—A. Yes. 

Q. Did you open the boxes?—A. Yes. 

Q. State whether you found anything in these boxes, in any one of them, 
other than the tickets?—A. I think so. 

Q. What did you find?—A. I am not sure, but I think I found some pictures. 

Q. How many, do you recall?—A. Paper with some pictures on them. 

Q. How many?—A. I think nine pictures on the paper. 

Q. How many copies of the paper?—A. One copy is all I remember. 

Q. In which of the boxes was this picture inclosed?—A. I don’t knovc. 

Q. You do know it was in one of the boxes?—A. I am not. dead sure of it, 
but think it was in there, to my best recollection, 

Q. Prom whom, from what official, did you receive these tickets?—A. They 
were left at my house. 

Q. What imprint or postmark was on the boxes showing where they had 
come from?—A. I didn’t notice any. 

Q. From what official in the county did you receive them, who sent them to 
you?—A. Well, sir, I don’t know who sent them. 


CAMPBELL VS. DOUGHTON. 


177 


Q. Yon kno\A* who (listril)ntes the ticketsV—A, I don’t know who did that. 

Q. How were those boxes packed and wrapped?—A. Just in a pasteboard 
box with a string- tied around the thing. 

(.}. Y'oii don’t recall in which of the boxes this picture was placed?—A. No, 
sir. 

Q. Were the boxes all alike in size?—A. No, sir; I think they were different 
size.s. 

Q. Do you rtuueniber how many there were of the boxes?—A. No, sir; I 
don’t remember that. 

Q. I ask you if you don’t know that the tickets are sent out by the chairman 
of the county board of elections?—A. Ordinarily I would think so; yes. 

Q. Mdio is the chairman of the county board of election in your county?—A. 
Mr. John Lewis. 

Q. That is the gentleman i)resent and of counsel for Mr. Doughton?—A. Yes. 

Q. Mliat disi)osition did you make of this picture?—A. I left it in the box. 

Q. What official disposition was made of it?—A. As well as I remember Mr. 
L. P. Younger got hold of it. I saw him pick it up and that is the last time 
I remember seeing the picture. 

Q. Of what did the picture consist?—A. It was the pictures of some men. 

Q. Whom, if you know by reputation?—A. Mr. Harding, I think, was one. 

Q. Who was Mr. Harding, as you understood?—A. He was Gov. Hai'ding of 
Ohio. 

Q. Republican candidate for the Presidency?—A. Yes. 

(}. You understood this picture was on the paper? Who else?—A. I didn’t' 
know anj' of the others. 

Q. Were the pictures of colored or white?—A. Some colored, I think, and 
some white. 

Q. Did you discuss this picture there that day—was it discussed much?—A. 
Not any except when IMr. Y'ounger picked up the picture and asked where it 
came from, as well as I remember, sind that was after he got hold of it. I 
don’t reniembei- anything more about the picture because we opened the boxes 
and about that time the voting commenced, and I was busy from that on. I 
didn’t hear any discussion about the picture to amount to anything. 

Q. As.siiming that the picture was a false repre.sentation of the Republican 
candidate for the Presidency of the United States with alleged Negro candi¬ 
dates, wouldn’t that have tlie effect to produce a great deal of feeling in the 
community, by discussion?—A. Well, no, sir; I don’t think .so. 

(N Would it not be greatly inclined, in your judgment as a citizen, to preju¬ 
dice the i)eople of your community against the candidate for the Presidency 
and the other candidates on the party ticket if it were fal.se?—A. If it was 
talked about enough, if it was narrated enough. 

Q. Don’t you think it would be the tendency of it?—A. I don’t know luu'dly. 

Q. Y’ou don’t know whether you have an opinion?—A. I have an idea it 
would, maybe, some. 

Q. How many absentee ballots were cast at your polls?—A. I don't remem¬ 
ber. 

Q. About how many?—A. Might I guess at it? 

Q. Yes. If you don’t know, I would prefer a guess to nothing.—A. I will 
inake a guess that there was 30, might have been more or less. 

Q. Plow did you receive these ballots, how did they come to you*?—A. Y’'ou 
mean the voters that were not in the township at the time? 

Q. Yes; that lived elsewhere and voted as absentee voters.—A. I don’t 
remember but one—I don’t believe I do, that I am sure of. 

Q. Those that were in the precinct and were ill and didn’t vote?—A. That is 
what I have reference to. 

Q. How many of tho.se?—A. Six, or 8, or 10, maybe—I don’t know, not 
many, 

Q. How did tho.se votes come to you?—A. I suppose sealed up in envelopes, 
as well as I remember 

Q. Did you get them through the mail or by hand?—A. Where they were in 
the township I suppose by hand. 

Q. Now, how did you get these tickets?—A. Well, I think, I suppose in en¬ 
velopes. 

Q. Did you receive them through the mail or receive tbem hy the hand of 
some person?—A, Where they were in the township I think they were given to 
me by hand. 


57695—21-12 




178 


CAMPBELL VS. DOUGHTON. 


Q. Where they were out, how did you get them?—A. Mail, I suppose. 

Q. You still suppose?—A I just don’t recall whether they were mailed or 
handed to me. 

Q. Who opened the envelopes?—A. I did. 

Q. Did they contain ballots or certificate, or both? A. Ballots, so far as I 
remember. 

Q. No certificates?—A. I don’t remember about the certificates; I suppose 

they were in there. i 

Q. What did you do with the envelopes and certificates?—A. I don t remem¬ 
ber; threw them away, I guess 

Q. Did you throw the ballots away, too?—A. No, 'sir. 

Q. What did you do with them?—A. I think we put them in the boxes. 

Q. Did vou throw the envelopes and certificates, if any, away?—A. I don’t 
remember'; they may be there at home; I don’t remember whether we put them 
in the box with the tickets or not, or whether they were just dropped down 
there. 

Q. Refresh your recollection.—A. I don’t remember as to that—whether we 
did or whether we didn’t. 

Q Do you know any of those absentee voters?—A. Yes; I can recall a few. 

(}. Give the names of some of them.—A. Miss Stella Reid, of Washington. 

Q. What is her politics?—A. I think she voted a mixed ticket. 

Q. Isn’t she reputed to be a Democrat?—A. I don’t know what she is; she 
had never voted before. » 

Q. What did she vote?—A. Mixed ticket, I think. 

Q. Did she vote for Doughton or Campbell?—A. I don’t remember, 

Q. Name another one.—A. Mrs. Miller. 

Q. Where was Mrs. Miller?—A. She was in New Hope Township. 

Q. What was the cause of her absence?—A. Disability. 

Q. Sick?—A Yes; disabled to be there. 

Q. How did she vote?—A. Democratic ticket. 

Q. Name another.—A. I believe Mrs. Louisa Holland. 

Q. What is her politics?—A. I think she voted a Ifepublican ticket. 

Q. What is the nature of her absence?^—A Not able to be there. 

Q. Name some more.—A. There are some more, but I don’t remember now. 

Q. Did a voter by the name of .lane .Iordan vote an absentee ballot?—A. Yes. 

Q. What is the nature of her absence?—A. Sick. 

Q. Did she live in the township?—A. Yes 

Q. What was her politics?—A. I think she voted Democratic ticket. 

Q. You say you don’t recall what became of the certificates or the envelopes?— 
A. I don’t remember. 

Q. If the statute relating to your duty in that particular is as I now read, 
to wit, “ The l)allot or ballots so voted, together with the accompanying certifi¬ 
cates, shall be returned in a sealed envelope by the registrar and poll holders, 
with their certificates of the result of the electibn, and kept for six months, or, 
in case of contest in the courts, until the results are finally determined,” then 
you didn’t comply with the requirement of the statute in that particular? 

Contestee objects to the reading into the record of the statute in part, and 
insists that it all be read in order for an intelligent understanding of the 
statute. Counsel for contestee reads into the record 5956 of said statute, as 
follows: “ In voting by the methods prescribed in this article the voter may, at 
his election, sign or cause to be signed, his name upon the margin or back of 
his ballot or ballots, for the purpose of identification. The ballot, or ballots, 
so voted, together with the accompanying certificates, shall be returned in a 
sealed envelope by the registrar or poll holders, with their certificates of the 
results of the election, and kept for six months, or, in case of contest in the 
courts, until the results are finally determined.” 

Q. In any event, you did not return to the chairman of the county board of 
elections or to any other official any envelopes or certificates?—A. I think, 
possibly, I did return one or two, something like that. 

Q. To whom did you return them?—A. I think, possibly, I returned one or 
two to Mr. Lewis. 

Q. As you are excused from the witness stand, you see Mr. Lewis and ask 
him to consult his records and produce those certificates and have them here 
and you will be recalled for that testimony. 

Q. Do you know how Mrs. Jane Jordan voted at the election that day?—A. 
I think she voted Democratic ticket. 


CAMPBELL. VS. DOUGHTOIT. 


179 


Q. Did she vote a regular ballot in the usual way, or did she vote a certificate 
as an absentee?—A. I think she voted a certificate, or sworn statement, some¬ 
thing like that. 

Q. I ask you if you didn’t hear it stated on the ground—in answer to a ques¬ 
tion you didn’t hear it stated that she would vote as her husband, F. R. Jordan, 
voted, and that the ticket was prepared and placed in the ballot box for her?— 
A. I don’t remember hearing that statement. 

Q. Don’t you remember that a ticket was placed in the box as an absentee 
ballot for her?—A. Yes. 

Q. You have already stated that you didn’t know, you may state now, did 
you have a certificate from her?—A. I had a sworn affidavit from her husband 
that she was not able to attend. 

Q. Let’s have that affidavit. When you consult with the chairman of the 
county board of elections, bring up that affidavit or certificate. 

Recross-examination by Mr. Long: 

Q. Mr. Shoemaker, do you know Mr. Harris [indicating man standing 
near] ?—^A. Yes. 

Q. He is justice of the peace, isn’t he?—A. Yes. 

Q. He is a Republican, isn’t he?—A. Yes. 

Q. Do you remember Mr. Harris swearing you on that verj'^ day that.you went 
in, and the other judges?—A. I think he swore us—I don’t know whether he 
swore us that evening, that morning, or when—I don’t remember whether he 
swore us, or not. 

Q. I understand you to say you don’t clearly remember whether you were 
sworn that morning or not?—A. I don’t remember. 

Q. You were the registrar of the township?—A. Y'es. 

Q. You lived veiy near to the polling place?—^A. About a mile. 

Q. Did you keep your books open at the polling precinct the four Saturdays 
as you were advised and informed under the law that you should do?—A. Yes. 

Q. Did you give all parties equal opportunities for registration on those 
days?—^A. Yes. 

Q. Did anybody make any complaint to you during the time, or have they 
since, and Republicans or anybody that they were denied the opportunity to 
register under you?—A. No, sir. 

Q. I understood you to say a while ago that before you made any visits 
about your precinct to give an opportunity to any who hadn’t registered to 
^.•egister that a great majoriy of the Republican men and wmen of your precinct 
were already registered?—A. As I believed. 

Q. I ask you, as matter of fact, that if the Republicans were not so very dili¬ 
gent, and properly so, in registering that it didn’t take any hunting up to get 
them to register?—A. No, sir; they were generally there. 

Q. Most of the men voters of both parties were registered, were they not, at 
that time?—A. Yes. 

Q. But you had new voters this time; you had some coming of age?—A. Yes; 
always a few\ 

Q. You had the women voters?—A. Yes. 

Q. First time they had ever been for registration, was it not?—A. Yes. 

Q. You did make some visits about your precinct to give them an opportunity 
to register?—A, Yes. 

Q. That was the purpose of your visits?—A. Yes. 

Q. Did you go anywhere in your precinct upon suggestion or request of any 
voters to give them an opportunity to register—to any place in your precinct 
other than the four days?—A. Yes. 

Q. On your trips that you made did you deny any Republican an opportunity 
to register with you as you traveled about?—A. No, sir. 

Q. Did you receive any request from any Republican of your precinct to come 
to them, or meet them, or give them any special opportunity to register that you 
failed and refused to do?—A. No, sir. 

Q. Did not?—A. No, sir. 

Q. Had you been informed or advised, from your investigation of the law, or 
otherwise, that you were required to ascertain whether anyone had paid their 
poll tax or not before you should register them?—A. No, sir; that is right. 

Q. I understand you to say, or is it a fact, at the time you made any visits 
around the precinct it was the latter part of the registration period?—A. Yes. 

Q. During the registration period, I ask you if you kept your books open 
at all times at your home, or wherever you were, for people to register, where 
they had access to you?—A. Yes; had the chance to register any time. 



180 


CAMPBELL VS. DOUGHTON. 


Q. Had yon ever been informed or advised, in your investigation of the law, 
or otherwise, that there was any duties incumbent upon you to visit at all 
around the precinct?—A. No, sir. 

Q. Did you understand, from your investigation and study of the law, that 
there was anything to prevent or prohibit your traveling about the precinct to 
register voters if you chose to do so?—A. No, sir. 

Q. Did you deliver at the polling place on election day all of such absentee 
votes—that is, those that purported to be absentee votes—that came to you by 
mail or otherwise, and present them to the election officers there for voting?— 
A. Yes. 

Q. I believe you said they were opened by you, such as were delivered to you, 
investigated there, and passed upon by the election officers and voted?—A. Yes. 

(}. Were there any ballots of the absentee votes that were in your possession— 
were there any of the ballots containetl in the envelopes that had the name 
of the voter on the margin of the ballot or on the back thereof?—A. I don’t re¬ 
member. 

Q.- Y^ou don’t remember any of those?—A. No, sir. 

Q. Was there any objection raised to any of those votes on election day that 
you recall?—A. It seemed to me like there was a little on one. 

Q. Can you recall ndiat the disposition of that was; was it heard by the elec¬ 
tion officers and considered?—A. Y’^es. 

Q. And adjudged?—A. Yes. 

Q. Do you remember what the result of it was; was it found to be regular, in 
the opinion of the election officers?—A. Supposed it was all right and was voted. 

Q. It was found to be in compliance under the law and voted?—A. What we 
thought. 

Q. In other words, the objection was not denied?—A. No, sir. 

Q. I ask you, if, in your administration of your registration, if there were any 
Republicans in your precinct who were denied by you the opportunity to register 
and vote?—A. No, sir; not that I know of; if so, I didn’t know it. 

Q. Were there any Republicans in your precinct who failed to vote by reason 
of any act of yours as registrar and election officer?—A. Not that I know of. 

Q. Was any complaint made to you about it?—A. No, sir. 

Q. Mr. Shoemaker, something was asked you about a picture that appeared 
at the election precinct there of Gov. Harding. I ask you, to your knowledge, if 
there were any votes changed there that day either way by the presence of 
that picture there?—A. No, sir; I don’t think so. 

Q. Did you hear anybody say they had changed their vote on that account?— 
A. No, sir. 

Q. I ask you if you didn’t have in your precinct at this time an unusually full 
and heavy registration of the Republican vote?—A. Yes. 

Q. I ask you if the Republican Party didn’t poll an unusually heavy majority 
in your precinct this year?—A. Yes. 

Re-redirect examination: 

Q. You do know that the Republican vote was largely increased by the addi¬ 
tion of the woman vote, don’t you?—A. Yes. 

Q. You stated a while ago that you knew the law didn’t require you to go 
away from the polling place to register voters?—A. Yes. 

Q. The Republicans didn’t send for you to go away, did they?—A. Not that I 
remember of. 

Q. Then you did go away in the interest of the voters of your own party, 
didn’t you?—A. Yes; or knew they might want to register. 

Q. As registrar, were you one of the county canvassers of your precinct to be 
at the courthouse?—A. No, sir. 

Q. Who came from your precinct?—A. I don’t think I was here—don’t remem¬ 
ber it if I was. 

Q. Do you know Jarvis Lunsford?—A. Y’'es. 

Q. What is his politics?—A. He is a Democrat, I think. 

Q. He had been living in Virginia for a while, had he not?—A. I don’t know. 

Q. I ask you if you don’t know he did live in Virginia and hadn’t been back 
in your precinct for two years?—A. I don’t know whether he did or not. I 
don’t know whether he went to Virginia or not—I don’t remember if he did or 
didn’t. 

Q. Do you remember whether you swore him as a registrant?—A. I suppose 
I did. I don’t remember whether I swore every one or not. I may have missed 
some. 


CAMPBELL VS. DOUGHTON. 


181 


Q. Do yoii know Charlie Smith, a voter in your precinct?—A. Yes. 

Q. What is his politics?—A. I don’t know. 

Q. Do you remember whether you refused him rej^istration?—A. He said he 
never had voted in New Hope Township, and I asked him to get a certificate 
from the registrar in Sharpsburg. 

Q. Why did you ask him that?—A. I didn’t know whether he had been in 
New Hope long enough to register. 

Q. Couldn’t you by administering the oath examine him to see? Why did 
you refuse him registration?—^A. I didn’t know whether he was entitled to 
register or not, and then we talked a little while—it was sundown and I want 
on home. 

Q. He has lived in the community for a long time?—A. I don’t know how 
long he has lived in the community. 

Q. Did you examine him to see if he was a qualified voter before you turned 
him down?—A. I think I asked him the questions. 

Q. Why did you refuse him?—A. I thought he had to have a certificate from 
the registrar in Sharpsburg, as there was where he voted last. 

Q. Who told you that?—A. I don’t know that anybody told me. 

Q. When he moved from another precinct to this, why did you have to have a 
certificate?—A. I wanted to know whether he had registered there or not. 

Q. Why didn’t you examine him?—A. I didn’t think it would be very much 
trouble to get a certificate. 

Q. Wouldn’t be very much trouble for you to examine him and put him 
under oath?—A. No, sir. 

Q. You stated awhile ago, in response to a question, that you denied.' no 
Republican registration.—A. If he is a Republican I didn’t know—he never 
did vote in New Hope that I know of. 

Q. So it is at least true that you denied one voter, represented to be a 
Republican, the right to register?—A. I didn’t know his politics. 

Q. Can you give the grounds upon which you declined to register this voter?— 
A. I thought he had to have a certificate from the registrar in Sharpesburg. 

Q. So you want it to go that you declined to register him because he didn’t 
have a certificate from another precinct?—A. He didn’t swear it. 

Q. Why didn’t you swear him, whose fault was it that he was not sworn— 
you didn’t swear him?—A. I says, “ You get a certificates from the registrar in 
Sharpesburg and come on back and I will put you on the books.” 

Q. The only reason that you refused to register him was that he had no 
certificate from Sharpsburg?—A. I didn’t know whether he had a right to 
register up there. 

Q. Was that not your reason?—A. Yes. 

Mr. D. L. WILLIAMS, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. New Hope township. 

Q. Are you a voter there?—A. Yes. 

Q. Did you vote there at the election November 2, 1920?—A. Yes. 

Q. State whether you saw the alleged picture referred to here in the testi¬ 
mony of the witness Shoemaker?—A. Yes. 

Where was it when you first saw it?—A. Laying on the ballots in the 
box—the ballots were in the box. 

Q. Do you know which ballots were in that box?—A. No, sir; I picked 
the^ picture up as it was laying across the top—I could not say which ballots. 

Q. Did you see the boxes openerl?—A. No, sir; I didn’t see the boxes opened, 
it was afterwards. 

Q. The picture was laying on the box and you saw it?—A. Yes. 

Q. What did you do with it?—A. I didn’t know what to do with it. I picked 
it up and laid it back down and turned to Mr. B. B. Weisner and I macte 
mention to him that they had the pictures I had heard of sometime before 
that were going to be sent out, or that they had published it, and he walked 
to where it was at and picked it up and tore it up. 

Q. Is he here, B. E. Weisner?—A. I don’t know. 

Q. Much talk about the picture there, discussed there on the election ground, 

was it?_A. l^'es; some little talk of it off and on all the time—people were 

going back and forth and something said about it. The fact of the picture 
being there, I know Mr. Weisner made assertion, or said “ The next one like 
that that comes I mean to tear it up.” 


182 


CAMPBELL VS. DOUGHTON. 


Q. What time of the clay was this you first saw it?—A. It was early in 
the morning; that is, after sun-up, after the polls were open. 

Q. Did you hear the registrar, Mr. Shoemaker or any other persons say who 
had sent it there?—A. No, sir; I didn’t hear them say. 

Q. You don’t know how it came there, of your own knowledge?—A. No, sir; 
all I know it was folded up and laying on the box, and I picked it up and un¬ 
folded it and looked at it and laid it back—I didn’t know of anything else to do. 

Cross-examination by Mr. Long: 

Q. You say that was early in the morning that you say that, just after sun¬ 
up?—A. Yes. 

Q. And Mr. Weisner destroyed that picture?—A. Yes, 

Q. Nobody had any fuss with him about destroying it or objected to his de¬ 
stroying it?—A. Not that I heard of. 

Q. I ask you if it is not a fact that no Democrats there attempted to circu¬ 
late that picture or attempted to use it for any partisan purpose[—A. No; the 
picture was not shown that I saw of. Mr. Weisner tore it up in the beginning. 

Q. You didn’t see any Democratic man there that morning circulating the 
picture and using it for campaign purposes?—A. Not that I can call to memory. 

Q. That is the only one that appeared there that day?—A. That is the only 
one I saw. 

Q. You have often seen in elections literary cartoons and pictures of both 
sides, haven’t you?—A. Yes. 

Q. I ask you if you know of a single voter there that day who was so preju¬ 
diced by the appearance of that picture there that morning that he changed his 
vote and voted the Democratic ticket or voted otherwise from what he would 
have voted, either way; do you know of anybody’s vote it infiuenced at all ?— 
A. No, sir. 

Redirect examination: 

Q. Mr. Long asked you if any Democrat circulated it, if it was sent out by 
the county board of elections, or some one at its instance, all of whom belonged 
to that party; it was by that degree circulated by that party?—A. Well, as to 
who sent it there I do not know. 

Q. If it was sent hy those in charge oi the election ballots it was circulated 
to that extent?—^A. Well, yes. 

Q. It was not torn up or destroyed by any Democrat?—A. No, sir. 

Q. W'ho was it torn up and destroyed by?—A. B. E. Weisner. 

Q. At the time you saw it there it was at a place anyone could see it?—A. It 
was on a shelf betw^een two posts on the porch. The picture was laying folded 
up across the top of the box. 

Q, Did you see the registrar there, Mr. Shoemaker?—A. Yes; he was there. 

Q. But the picture hadn’t been removed until you got hold of it?—A. I could 
not say that. 

Q. It was still there when you got it?—A. Yes. 

Q. It was exposed where anybody could see it?—A. Anybody could pass there 
and see it. 

Recross-examination by Mr. Long: 

Q. Didn’t you just say that when you saw it it was folded up and laying on 
the ticket box?—A. It was folded up. 

Q. So you had to unfold it to see it?—A. I picked it up in the fold and then 
unfolded it. 

Q. You could not see what it was until you unfolded it?—A. That is right. 

Q. You don’t know who sent the picture there or where it came from?—A. 
No, sir; I don’t know where it came from. 

i}. Did you ever see any Democrat there that morning have his hands on 
that picture at all?—^A. No, sir. 

Mr. B. P. WILLIAMS, being called by contestant, testified as follows: 

Direct examination : 

Q. Do you know F. M. Jordan?—A. Yes. 

Q. Is he a voter in your precinct?—A. Yes. 

Q. What is his politics?—A. Democrat. 

Q. Did you hear any conversation by him at the polls that day as to the wife, 
Mrs. Jordan, what she would vote? 

Objection by contestee that it is purely liearsay evidence. 


CAMPBELL VS. DOUGHTON. 


183 


A. M’liy, he said he didn’t know. Some one asked Idin when he was getting 
np the tickets to vote, “How will she vote”? He said, ‘'I don’t know—I never 
askeil her, but suppose she will vote like I do.” The question was asked 
him when they were getting np the tickets to vote. 

Q. AVhat did he say?—A. He said he didn’t know. 

Q. Who asked him?—A. 1 didn’t get the voice, but some one just asked the 
question. 

Q. How did he say he supposed she would vote?—A. He s'aid, “ I suppose she 
will vote like I do.” 

Q. You stated he was a Democrat?—A. Yes. 

(2. Voted for Mr. Doughlon so far as you know?—A. Vottnl straight ticket, 

(}, They fixed up the ticket?—A. I think, as well as I remember. Pres- Wil¬ 
liams got the tickets for them. 

Q. Was anything said about Mrs. Jordan being ill and away?—A, Nothing 
more than he said. 

Q. You didn’t see any certificate?—A. I didn’t see any. 

Q. There was an aftidavit?—A. Yes; an affidavit that old man F. M, made. 

Q. The ticket was fixed up then and there?—A. Yes; right there. 

Q. And put in the box?—A. Yes. 

Q. And so far as you know it was as he said, that she would vote as he 
voted?—A. That was what he said. 

Q, You stood there and saw the ticket fixed up and put in?—A. Yes. 

Q. What time of day was this?—A. It was at 1.30 by my time. 

Q. Do you know S. J. Sloan?—A. Yes. 

Q. What is his politics?—A. Democrat. 

Q. Do you know when he registered, as to time?—A. I know when his name 
went on the register. 

Q. When was that?—A. On challenge day, on Saturday before the election 
came off on the next Tuesday. 

Q. How do you know it went on that day?—A. I saw it put on. 

Q. Who put it on?—A. Mr. Shoemaker, the registrar. 

Q, That was on Saturday before the election on Tuesday?—A. Yes. 

Q. It was on what you call challenge day?—A. What we call challenge day. 

i}. Was he sworn?—A. He was not there. 

Q. Where was he?—A. I don’t know where. 

(^. What was the occasion of putting his name on—how came them to put it 
on?—A. They said it ought to go on. 

Q. iNIr. Shoemaker, the registrar, put it on?—A. Yes. 

Q, At whose instance or instruction was this name put on that day ?—A. 
They argued the question there right smart little bit. Mr. John Lewis was U}) 
here that day—that gentleman i‘ight there [indicating]. They talked the matter 
over there—I don’t know how long, and argued the question and Mr. Younger 
he fought it and he said it was not legal, and Mr. Lewis said there was not but 
three to decide it, the balance had nothing to i\o with it and vote and see 
whether it had a right to go on. 

Q. Whom did he mean by those three?—A. The registrar and two judges. 

Q. What was done?—A. They just simply put the name on. 

Q. On this Saturday before the election?—A. Yes; on challenge day, on Sat¬ 
urday before the election. 

Q. You have already stated that Mr. Sloan was not there?—A. No, sir; he 
was not there; if he was I didn’t see him. 

Cross-examination by Mr. Lewis : 

Q. That was on challenge day you speak of?—A. Yes. 

Q. On that day w-hen the books were opened there for challenge Mr. Shoe¬ 
maker and Mr. Williams, the Democratic judge, and Mr. Younger, the Republi¬ 
can judge, were there?—A. Yes. 

Q. And every name was read off and the people asked if they had any chal¬ 
lenges to make?—A. Yes. 

Q. In going over the book you found that Mr. S. J. Sloan’s name was not on 
the book?—A. No, sir. 

Q. They also found that Mr. W. D. Woody’s name was not on the book?—A. 
Yes. 

Q. Mr. Woody was Republican and Mr. Sloan Democrat?—A. Yes. 

Q. I ask you if Mr. Shoemaker didn’t state that Mr. Sloan registered before 
him in the spring primary, but, for some reason or other, the name was not on 


184 


CAMPBETJ^ VS. DOUGHTON. 


•the book?—A. He said that evening there that “in the primary he told me he 
wanted to register, and I registered him, but didn’t put his name down.” 

Q. He said he left off Mr. Woody’s name—the facts were absolutely the 
same?—A. Not exactly. Mr. Woody had been a voter of that township 25 years, 
and the kick to him was, “ Why haven’t you transcribed his name from the old 
book to the new?” That was the accusation there that day; his name was not 
on the new book. 

Q. Mr. Sloan’s name was not on the new book?—A. Mr. Sloan never had voted 
in New Hope township, and the other fellow had, was the accusation there that 
day. 

Q. He said he had registered Mr. Sloan, but just forgot to put his name on?— 
A. That is what he said. 

Q. The judges voted to put Mr. Woody’s name on?—A.' Yes. 

Q. And Mr. Sloan’s name?—A. Our judge would not agree to it at that time. 

Q. Wasn’t it unanimously agreed to put both names on—one was Democrat 
and one Republican—and that they were both entitled to vote?—A. If Mr. 
Younger ever agreed to it I never heard it. 

Q. No objection made there by anybody?—^A. He said he objected to it; said, 
“ Of course, you can overrule me and put it on, but I will never agree to it.” 

Q. In the challenge there each name on the registration book was read off 
l)y Mr. Shoemaker and lie asked the crowd if tliey had any challenge to make?— 
A. Yes. 

Q. And there were no challenges entered up there?—A. None; only I believe 
John Daniels and his wife were challenged. 

Q. Did they vote?—A. No, sir; didn’t vote with us. 

Q. You spoke of Mrs. Jane Jordan; there was no objection to that being 
cast?—^A. The judge, Mr. Younger, said, “ I object to that vote.” 

Q. You say there was not an affidavit made by them?—A. There was. 

Q. You don’t know whether there was a certificate there, or not?—A. There 
was not any certificate there that was presented. 

Q. You never saw it?—^A. I could not say there was any because I didn’t see 
any, but I did see the affidavit; I saw it made out. 

Q. It was in the regular form affidavit?—A. It was regular form. Old man 
F. M. Jordan swore she was not able to be there. 

Q. Mr. Younger there, as one of the judges of election, signed the election re¬ 
turns?—A. Yes. 

(2. And they were brought into the canvassing board and counted?—A. I sup¬ 
pose so. I don’t know as to that. I didn’t see them there. 

Redirect examination by Mr. Ruitt : 

Q. Yon say Mr. Shoemaker stated that at the jirimary he had registered Mr. 
Sloan?—A. Back before the primary, and had failed to put his name on the 
primary books. 

Q. And still his name was not on now?—A. It was not on that day, but they 
put it on. 

(}. The only objection to Mr. Woody was that his name hadn’t l)een trans¬ 
ferred to the new book?-—A. Yes; that was the only accusation; and Kverett 
Williams was not T>ut on until that day, the same accusation as to him. He 
was an old voter. 

Q. Yon do recall that in the casting of the vote of Mrs. Jordan that the vote 
was prepared there and put in the box?—A. It was prepared there. 

Recross-examination by Mr. Lewis: 

Q. Mr. Everett Williams, was he a Republican?—A. Yes. 

Q. He voted for the contestee, Dr. J. I. Campbell, the day of the election?-A. 
I sni>pose so; he is a Republican. 

Q. Were yon there early in the morning when the polls were opened?—A. 
No, sir; I was not there when the polls were opened. It was some 15 or 20 min¬ 
utes after the polls were opened. 

(). Mere they voting when yon got there?—A. Just beginning to vote. 

Q. Did you see iVIr. Harris swear the registrar and judges?—A. No. s'r- I 
didn’t. ■ ' 

Re-redirect examination: 

(). You say the only question in regard to the vote of tlie voter Woody and 
Mr. IVilliams was that the registrar had failed to transfer from the old to the 
new?—A. That was the accusation at that time. 

Q. No accusation of any fault on their part?—A. No, sir. 


CAMPBELL VS. DOUGHTON. 


185 


Re-recross-exaniination: 

Q. There was no accusation on the part of Mr. Sloan. Mr. Shoemaker said 
he came to him and registered and he failed to put his name on the hook?— 
A. No, sir. 

lle-redirect examination: 

Q. INIr. Shoemaker didn’t claim he had registered for this election?—A. But 
had registered for the primary. 

Q. Did you chance to .see this picture they were discussing?—A. No, sir. 

Q. What time of day did you get there?—A. They were voting when I got 
there. 

Re-recross examination: 

Q. The man who registers for the primary is registrar for the general elec¬ 
tion ; isn’t that the law?—A. I could not say. 

iMr. H. P. VANHOY, being called by conte.stant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. Fnion Grove Township. 

Q. Are you a voter there?—A. Y^es. 

Q. Were you the registrar on the day of election?—A. Yes. 

Q. What is the total aggregate vote of that precinct?—A. Four hundred and 
twenty-seven and 131 added, making total of 5^8. 

Q. What proportion of those did you register?—A. Something near oO per 
cent of that, I guess. 

Q. Then you registered from 250 to .300?—A. Somewhere along there; I can’t 
give the exact number, because I don’t know. 

Q. Were you ever sworn as a registrar?—A. Y’^es. 

Q. When?—A. I can’t tell exactly the date, hut Squire S. S. Templeton, of 
Union Grove Township, administered the oath. 

Q. Was that for the primary election or general election?—A. I think primary 
election. 

Q. You were not sworn for the general election?—A. I took it that that 
meant for the entire thing. 

Q. You are sure that you were not sworn for the general election?—A. No. 
sir; I am not. because I think that the same man swore us all on the election; I 
am not positive as to that fact. 

Q. You mean on election day?—A. \’'es; on election day. 

Q. What T am asking is w ere you ever sworn as a registrar for the general 
election before you entered upon your duties as a registrar for the general 
election; and if so, by whom?—A. I was .«»worn by S. S. Templeton, as I stated, 
for the primary. T am ])Ositive as to that; and my impression was that one 
oath was all I was due to take—one appointment is what I got. 

Q. At the pj'inrary election you swore registrants for voting in the primary 
to select candidates for office?—A. Yes. 

O. But in the election of November 2, 1920. they were registered to vote for 
their choice at the polls for candidates?—A. Yes. 

Q. Y"ou stated .vou have no recollection of being sw(»rn as registrar for that 
purpose?—A. I am positive as to that fact. 

Q. Were you sworn on the day of election as a poll holder?—A. I thhik so; 
I won't swear that imsitively, hut T think Mr. Templeton was there and admin¬ 
istered the oath. 

Q. If he hadn’t sworn you, couldn’t you recall it?—A. I am honest in my 
statement. 

Q. But you can’t recall whether you were sworn or not?—A. I am not posi¬ 
tive, hut I am of the opinion th.at we were. 

Q. Don’t ,vou know that no oath was administered on the morning of the elec¬ 
tion. either to you or the other pidges?—A. No, sir; I can’t he pos'tive. 

O Were you at the voting place for registration on the four days?—A. I was. 

Q. What hours did you occupy?—A. From 9, T think it was—I was there by 
9, and sometimes before. 

Q. What is your occupation?—A. I teach school six months in the year and 
farm the other six. 

Q. Mdiere was the voting place in regard to your farm—how far from your 
home?—A. .Tust about 1 mile. 

Q. At what sort of building w'as it?—A. Schoolhouse. 


186 


CAMPBELL VS. DOUGHTON. 


Q. How much of your time other than the four days did you occupy in the 
performance of your official duties?—A. Do you mean how much time it took 
to register the people who came to my house and I saw elsewhere? 

Q. You have stated you were at the voting precinct on the four days pre¬ 
scribed by law?—A. I was. 

Q. How much of the time other than that did you occiyiy in the performance 
of your duty?—A. I don’t understand what you mean. 

Q. How much time in addition to the four days did you put in in registering 
voters?—A. I registered any nran who came to me from the time the books 
opened until they closed. 

Q. How much time did you spend away from the precinct canvassing voters 
to be registered?—A. You mean I was soliciting registration by canvassing? I 
was not soliciting any votes. 

(}. How much of the time did you put in away from the polls going about 
registering voters?—A. I was requested by the Republicans and Democrats to 
come to their homes and register some, and I went to both, each one who 
asked me. 

Q. How many days did you put in in that sort of employment?—A. I suppose 
I put in a part of two days and a part of another evening. 

Q. How (lid you travel?—A. Part of the time I was on foot and part of the 
time in a Ford. 

Q. How did you take the voters, house by house as you came to them, or 
promiscuously?—-A. I took those who asked me to come to their homes and 
register them. 

Q. Didn’t you register anyone except those that asked you to come?—A. I 
did. 

Q. When?—A. I was on my way to Statesville to take a teacher’s examina¬ 
tion and I stopped at Mr. J. E. .Turney’s, a Republican, a friend of mine, and 
told him that if he wished me to, that I could register his wife and daughter 
and save him the trouble of coming to my home or the voting precinct. Then 
another, if you wish to know. I was passing and talked to a gentleman, and 
he informed me that he was going to vote the Republican ticket, and I offered 
to register his wife, and she refused. 

Q. Didn’t believe in suffrage much?—A. Not much; said she had her hands 
full at home. 

Q. These two families of Republicans you registered away from the polls?— 
A. Voluntarily, too. I solicited these. 

Q. How many families of the opposition did you register away from the vot¬ 
ing place?—A. Did you understand me to say that these are all the Republicans 
I registered? 

Q. I am talking about away from the voting i>lace. Proceed to tell them 
all.—A. I was requested to go to IMr. Clint Dowell’s and Reece Henderson, that 
their wives were sick. I told them that I would come before the registration 
books closed. I made inquiry as to the nature of the sickness, and was in¬ 
formed by my father-in-law, who is a Republican, that a labor case was expected 
at any day, and I sent these parties word that T would wait until that was 
over, and as quick as I thought it was right for me to go T would go. During 
that time iMr. Dowell brought his wife to the voting precinct for registration, 
and I asked him if he didnt’ believe that I would come-. ?Te said he did, and 
says, “ I told my wife that that would be the tirst words you would say to me,” 
and said, “ I had a horse and buggy there from my father’s and I took her out 
for exercise and brought her to the precinct for registration.” T didn’t go to 
Mr. Dowell’s, but that is the reason I didnt’ go. Mr. Arch Redman sent for 
me, or I got the word that his wife was sick and wanted me to come to register 
her. I told the parties that I was very busy and had no way to go, but if they 
wc)uld take me up there I would go. They asked me when I would go, and I 
said, “Any time. I had rather go at 12 o’clock and I can rest while I am going.” 
So the party came and I went up there and registered. 

Q. Go on and tell all the families. Democratic and Republican, since you 
started. How many Democratic families did you visit? Take them up in‘de¬ 
tail the same way.—A. Mr. .T. R. White came to my house with part of his 
family and stated that one member of his family was sick and could not come 
to my home, and he asked me to go there and register the woman. T went 
She was badly sick, and since that time has died. Then I received a letter from 
the lower end of the township down there, from Mr. G. C. Holmes, that his old 
mother was not feeling just right plumb well, and asked me if I would go down 
and register her. and said there were others that had requested me to come. 


CAMPBELL. VS. DOUGHTON. 


187 


Mark you, I promised to go to the Republicans before I ever promised to go to 
the Democrats, I went, and on my way I registered everyone who requested 
me to. As to the number, I can’t say delinitely. 

Q. How many other Democratic families?—A. The reason I remember the 
Republicans definitely is that there were not quite as many of them as there 
were the others. 

Q. You entered many times more Democrats on your visits than the Repub¬ 
licans?—A. For the reason that most of the Republicans had registered at the 
precinct previous to this time, or at least I thought they had. I will admit on 
the stand that there were people in Union Grove Townshii) that I had never 
seen before, and I have spent the biggest part of 34 years of my life there, and 
if they had asked me—and Republicans, several, did ask me what Republicans 
were not registere<l, and I could not tell them, because I didn’t know whether 
they were all registered or not. 

c}. Did you have any conversation with the management of your party as to 
* whether you should go out from your precinct and register the friends of your 
party?—A. Whom do you consider the management of my party? 

Q. That is for you to determine.—A. If you mean the clerk of the superior 
court or the chairman of the Democratic committee or the chairman of the 
board of elections, I certainly did not, 

Q. Did you have any conversation with anybody else about it?—A. Some of 
my friends in Union Grove Township and myself talked and discussed the mat¬ 
ter. 

Q. What was the purport of that conversation—that you should go out and 
see that all your Democratic friends were registered?—A. The conversation 
was a request of me to go to these persons and others who had requested me to 
come, that was the sum and substance of our conversation. 

Q, Give me, according to your best opinion, your estimate of the total number 
of Democratic voters which you registered away from the voting precinct, and 
also your best estimate of the total number of Republicans you registered 
away.—A. I would say something like 6 or 8 Republicans—that may be too 
much or too little, that is my best information—and about 25 Democrats—that 
may be too much. 

Q. So you think it stood at least 5 or 6 to one. if no more?—A. Yes. Do 
you wish me to state why I didn’t go to more Republican homes than I did? 
I would like to state that. 

Q. You can state anything you please.—A. Mr. Jennings, the leader, or one 
of the leaders of the Republican I’arty, and myself were discussing the matter 
of woman suffrage, and how it should be carried out and conducted in my town¬ 
ship. I wish to show you how each of us expressed our opinion in regard to 
this. 

Q. In regard to suffrage?—A. In regard to how men should participate in 
soliciting the vote, the work—the part they should take in getting people 
to come out to vote. 

Q. Get right down to that.—A. We both considered that it was the duty of 
every man to let every man and his wife fight out this battle with themselves. 
He said he aimed to advise his workers to keep away from any man’s home— 
let them decide the matter within themselves. And I told him that that was 
my opinion—in other words, that was our opinion. We both agreed on that 
one subject, and we certainly agreed, where there was any likelihood of the 
woman being a Democrat and the man being a Republican, that we would en¬ 
tirely play hands off, but the women folks we did consider could go out and 
work a little if they wished to, but we also said if there was a widow lady or 
single lady, anyone had a riglit to go to those that wanted to, and I believe 
that is fair. And for that reason I didn’t want it to appear that I might be 



your place . 
of the Republicans.—A. I have named 4. 


Q How many absentee votes were cast at your place?—A. Eleven. 

o’ How did you receive these ballots—througli the mail or by hand?—A. I 




188 


CAMPBELL VS. DOUGHTON. 


Q. Were they ballots or certificates of whole tickets?—A. Some of them in¬ 
cluded the affidavit; the ballots, some was an order authorizing the Republicans 
or Democrats to cast a straight ballot of their party, and they designated which 
party. 

Q. What did you do with the envelopes and certificates?—A. I have them in 
my pocket. 

Q. Please produce them—A. I certainly will. [Witness produces envelopes 
and certificates.] 

Q. You say there were 11?—A. Eleven; I also have the ballots. 

Q. J. P. Nicholson, do you know him?—A. Yes. 

Q. What is his politics?—A. Democrat. 

Q. What is the nature of his absence?—A. He was a man 84 years old—he 
wished to go to Winston to see his people and attend the Baptist convention. 

Q. Do you know Martha Sharpe?—A. I do. 

Q. What is the nature of her absence?—A. She was sick. 

Q. What is her politics?—A. I think she voted Democratic ticket. The bal¬ 
lots are there, you can see. 

Q. Do you know W. P. Sharpe?—A. I do. 

Q. What is the nature of his absence?—A. A. Sick, and has since died. 

Q. What is the nature of his politics?—A. Democrat. 

Q. James F. Cash, where was he?—A. In the Army hospital at Columbia, S. C.. 
I think. 

Q. What is his politics?—A. Democrat. 

Q. Do you know Miss Lydia Harris?—A. I do. 

Q. What is the nature of her absence?—A. Sick, and has since died. 

Q. What was her politics?—A. Democrat. 

Q. Do you know W. F. Walker, sr.?—A. I do. 

Q. What is the nature of his politics?—A. Democrat. 

Q. What is the cause of his absence?—-A. He was at the hospital in States¬ 
ville for operation for cancer, I think. 

Q. Do yon know Mrs. Estelle Dowell?—A. I do. 

Q. What was the cause of her absence?—A. She was sick; her politics was 
Republican. 

Q. D. F. Messick, what was the cause of his al»stmce?—A. Sick. 

Q. AVhat is his politics?—A. Republican. 

Q. Did he vote for Mr. Campbell or INIr. Doughton?—A. He voted for Mr. 
Campbell. 

Q. You know that?—A. Yes. 

Q. Nancy Jane Tem]fieton, do you know her?—A. Yes. 

Q. What is the nature of her absence?—A. Sick. 

Q. What is her politics?—A. Republican. 

Q. Naomi JMullis, what was the cau.se of her ab.sence?—A. I wish to make a 
little statement here. T want to explain that. Her father came to me that 
morning and said that she could come to this election, she was physically able to 
come, but he was afraid for her to come out with the child. He asked ine if she 
could vote an absentee vote. T -asked him how old the child was and he told me, 
but I can’t remember what he said, and I said, “ Go ahead and make out the 
absentee vote and let it go in,” and she voted the Republican ticket. 

Q. That was Naomi Mullis?—A. Yes. 

Q. Do you know Eva Templeton?—A. I do. 

Q. What is the nature of her absence?—A. She was sick, and T think possibly 
there was a child born there. I am positive there Avas soon after, if not at the 
time. 

Q. Did you retain these certificates or send them in?—A. I retained them. 

Q. Had them in your possession?—A. Yes. 

Q. AVhat did you do with the ballots of the general election, those that were 
cast in the general election, the general ballots cast in tbe election other than 
the absentee?—A. They were left at the voting ])recinct. T think. I was under 
the impression I was to keep these ballots six months. Some, of the Republicans 
came to me and found a little fault of the absmitee voters’ law, stating that it 
might give a chance for either party to play false or cheat a little. They asked 
me what could they do, or how could they know it was their ballots. T said, 
“ You can write on the back or on the fact of your ticket your name for identifi¬ 
cation,” and my impre.ssion was that it was my duty to keep these ballots. The 
Republican ballots were the only ones that were marked. I asked the .iudges of 
the election, thiid-cing it was my duty to present these .absentee votes, to please 
write the name of,the Democratic voter on the ticket so I could preserve all. 


CAMPBELL VS. DOUGHTON. 


189 


Q. You are speaking now of the general ballots cast at tlie election?—A. 1 nni 
speaking of the absentee vote. 

Q. Yon have returned the vote?—A. Yes. 

Q. Were you a ineniber of the county board of canvassers?—A. No, sir. 

Q. Who came up from your precinct?—A. I believe it was Mr. INIorris. You 
mean to bring in the ballot and count it? 

Q. Yes.—A. Yes; I was a member of that, and you will find it authorized on 
the election returns if you want to certify my statement. 

Q. Do you remember the date of the primary in your county for the nomina¬ 
tion of county officers?—A. I don’t right now. 

Q. Do you not recall it was .July 3?—A. There were two primaries. 

Q. I show you the certificate of .Tames F. Cash and ask you if this is not a 
certificate which was voted at tlie primary instead of one voted at the November 
election, and how do you account for the change of dates?—A. Well, I can ex¬ 
plain this. I took the absentee ballots home from the primary and placed them 
in my trunk. I took the ballots—the absentee ballots—from the general elec¬ 
tion and placed them in the same trunk. Through a mistake this is an ab¬ 
sentee for the primary instead of the election. The other is at home in my 
trunk. 

Q. Why were you preserving the absentee ballots for the primary?—A. I un¬ 
derstood it was the law. 

Q. And you were preserving these?—A. As I understood it was the law. 

Q. Hadn’t you been advised it was your duty to seal them up and forward to 
the chairman of the county board of elections?—A. I certainly was not. 

Q. I vill read section 5966, being a part of the election law referring to that 
duty: “ In voting by the method prescribed in this article, the voter may, at his 
election, sign, or cause to be signed, his name upon the margin or back of his 
ballot or ballots, for the purpose of identification. The ballot or ballots so 
voted, together with the accompanying certificates, shall be returned in a sealed 
envelope by the registrar and poll holders, with their certificates of the results 
of the election and kept for six months; or, in the case of contest in the courts, 
until the results are finally determined.” If that should be the statutory re- 
(luirenient, then you didn’t fulfill these recpiirements when you took the ballots 
and certificates home and kept them in your trunk instead of returning them, did 
you?—A. I didn’t; according to that I didn’t do what the law required me to do, 
but I did what I thought the law required me to do. May I ask a question,^ 
please? 

Q. Yes.—A. Doesn’t the primary law require the registrar to keep these ballots 
for six months? 

Q. The primary election is not here involved.—A. Well, I got the primary 
confused with this. 

Cross-examination by IVIr. Turner; 

Q. As registrar, did you give to all the citizens who were qualified to vote an 
opportunity to register?—A. I consider I did, because I was at the election the 
prescribed number of days. 

Q. You stayed there on the four Saturdays?—A. Yes. 

Q. You went out in the community where they requested you?—A. Yes. 

Q. You never did refuse anybody registration who were qualified?—A.. No, 
sir; I did not, as I understood the qualification. 

Q. I^Ir. Turner .lennings was a candidate, was he?—A. Yes. 

Q. For what office?—A. State senate. 

Q. Didn’t he state it was one of the fairest elections ever held in Union Grove 
Township?—A. Something similar—he got up and announced to the public that 
he felt like it was a fair and square election, and congratulated the officials for 
the nice manner in which it was carried out. We roped off the ground and tried 
to use a little system about the voting. 

C^. That is a large Republican precinct, isn’t it?—A. Yes. 

Q. Vote uj) there about three to one of the Democrats?—A. I believe it is 
worse than that. I was also complimented by Mr. Sloan. 

Q. Who is Mr. Sloan?—A. He is one of the prominent workers in the Repub¬ 
lican Club up there, and at Mr. Jennings’s store he said it was a fair and square 
election, jind it went off more like church work than anything else. 

Q. Do you know a Democrat or Republican that lost his right of voting in 
that election by any act on your part or of your associate judges?—A. No, sir; 
I do not 



190 


CAMPBELL VS. DOUGHTON. 


Redirect examination by Mr. Britt : 

Q. Did yon refuse registration of any voter of any class for any reason?—A. 
I did. 

Q. Who was it?—A. Aaron Yorke, his wife, and a woman who came to the 
election who said her name was Babe Privett. I asked her her name, and she 
could not tell me her real name, and she goes by the name of Babe Privett. 

Q. What was the ground?—A. I didn’t think that they were mentally in¬ 
telligent. 

Q. Did you test them on the reading and writing, or did you just pass upon 
the question of their sanity?—A. I knew they could not read and write. 

Q. How did you know it?—A. Because they live in my community, and I 
have known them for a number of years, and I have been teaching in that com¬ 
munity for 14 years, and making reports about the adult illiteracy, and I was 
positive, in my own mind, that they could not read or write. 

Q. What was their politics?—A. The man has never applied for registration 
before. I didn’t ask them their politics and they didn’t state it; also a colored 
gentleman came to the registration, who gave his age as 85 years old, and 
wanted to know if he could register. I asked him if he could read and write. 
He said not, “But Mr. Somebody” (I don't remember the name) "told jue I 
could register under the grandfather clause.” I turned this down. I did turn 
one other down for a short while to produce his certificate of registration. 

Q. Certificate of registration where?—A. Anywhere he had ever registered or 
voted. 

Q. What was his name?—A. John Brown. 

Q. Why didn’t you shnply let hhn register anew?—A. I was under the im¬ 
pression he had to produce a certificate. 

Q, You were under the impression that if a resident moved over from one 

community to another-A. I understood that if he registered in one county 

or one township and moved to another, that if the registrar didn’t know he was 
registered he had the right to demand, and it was his duty to demand, a certifi¬ 
cate if registration. 

Q. Who gave you that counsel?—A. I received a letter from Mr. Lee Crater, 
clerk of the court of Yadkin County, who is a Republican, asking me to send 
a certificate of registration of a man from my precinct who had gone into 
another. 

Q. Had these people registered long time ago under the grandfather clause— 
is that what y(m are talking about?—A. Yes; you didn’t ask me the age. 

Q. Any others?—A. None. 

Recross-examination by Mr. Turner: 

Q. What is the name of those idiots?—A. Aaron Yorke and his wife and 
Babe Privett. 

Q. Are they known in the community as idiots?—A. Yes. 

Q. Recognized by all the people?—A. I have been informed since by a good 
man, nnd I will call his name, IMr. Jennings, tells me since the registration 
books closed that the Privett woman was a woman of low intelligence, but she 
might have gotten through. When she came to register Mr. L. C. Myers’s boy 
brought her, and I asked her questions, and I decided she was not intelligent^ 
but I went out and asked this boy who brought this woman there concerning 
her, and, as well as I remember, he said that she would not know which way 
to vote or anything about voting unless somebody told her, and said the other 
woman who came with her just asked her to come along, and I said, “ You tell 
IMr. L. C. Myers that I want to do the fair thing about this, and if I had made 
a mistake for him to come down and we will get together on these facts and I 
will put her name on the registration books.” 

Q. Is Mr. Myers a leading Republican?—A. One of the leaders. 

Q. Did he come?—A. No, sir. In regard to the Yorkes, I sent them back. 
I said, “ If I notify you, you come back next Saturday and I will register you; 
if you don’t get a notice from me, that means I can’t register you.” I said, 
“ I will take up the matter with Squire Templeton.” I was thinking he was 
at home that day, but he was not; and I discussed the matter with three Re¬ 
publicans, and they all talked to me as though they were considered not intel¬ 
ligent; they were weak-minded. 

Q. Had that appearance?—A. They never said one time to register them 

Q. Politics didn’t enter into it at all?—A. No, sir; the politics was never men¬ 
tioned as to either of these. 



CAMPBELL. VS. DOUGHTON. 


191 


Q. You didn’t know tlieir politics?—A. I didn’t. In regard to Mr. Brown, 
Mr. Brown told me he had never voted anything else except Democratic ticket, 
and I turned him down to produce his certificate. 

Re-redirect examination: 

Q. You say now he had registered, however, under the grandfather clause?— 
A. He said so. 

Q. It was right for you to require a certificate in that instance?—A. I don’t 
want to leave a wrong impression. 

Mr. B. E. WEISNER, being called by contestant, testified as follows: 

Direct examination by Mr. Beitt : 

Q. Where do you live?—A. New Hope, North Iredell. 

Q. State whether you were at the polling place in your precinct at' the 
election of November 2 last.—A. Yes; I was. 

Q. About what hour did you get there?—A. I got there little before sunrise. 

Q. State whether you observed a certain alleged picture of Warren G. 
Harding, then candidate for the presidency, grouped with a number of 
Negroes?—A. Yes; I saw it. 

Q. Where was this picture when you saw it?—A. It was in the box. When 
I discovered it it was blank—blank side up. I asked some of them where the 
ballots were. They said “ Right there in the box; hadn’t been taken out yet.” 
I asked some of the judges where the ballots were; said “In that box; not 
been taken out yet.” I noticed it was blank on top—like a white paper. There 
was two young men or boys standing right by them, and they took it up and 
handed to me—they took it up and unfolded it and handed it to me, and it 
was this picture. 

Q. Was it under the lid or covering of the box or laying on top of it?—A. 
The top of the box was removed when I noticed it. 

Q. Did you know which grouj) of the tickets were in this box—whether 
congressional, State, or presidential?—A. It was Republican ballots—I think 
they were all together in the box. 

Q. Do you know who brought this box there?—A. No, sir; I don’t. 

Q. Who was the registrar in charge there?—A. Mr. Robert Shoemaker. 

Q. He had charge of the ballots?—A. I suppose he did. 

Q. State what you saw and what you did in connection with this picture.— 
A. Well, I unfolded it and called the attention of those around me. I said, 
“ Look here.” I said, “ How come that here? ” And no one made any 
remark, and I tore it up, and I said, “ I will tear it up and I will tear up 
every other picture I see like it.” 

Q." You did tear it up then and there and threw the parts of it down?—A. 
Yes. 

Q. Was there more or less discussion about it there on the election ground?— 
A. I didn’t hear any. 

Q. You are familiar with the ways in which the electors in an election usually 
receive their instructions as to the men and the issues to be voted on, are 
you not?—A. I think so. 

Q. State whether, in your judgment, as a citizen and voter, such evil repre¬ 
sentations of a candidate for the presidency of the United States would not 
be inclined to prejudice the people against the man, and also against the others 
on the ticket of the party to which he belonged?—A. It might be. 

Q. I am asking for your judgment of the tendency of such a picture.—A. The 
tendency I would think would hurt some with some people. 

Q. Is there any other matter of fact that you know concerning this publi¬ 
cation?—A. No, sir; that is about all. 

Q. You stated your connection with it on that day?—A. Yes. 

Cross-examination by Mr. Long : 

Q. You think possibly that the tendency might he—of campaign literature— 
the tendency might he to hurt some?—A. Might; I don’t say it would. 

Q. As a matter of fact, now, how much did that hurt that day?—A. That day 
I don’t think it hurt any; there was but few there at that time, and I tore 
it up. 

Q. And you saw no Democrat there distributing that picture and making 
campaign is.sue of it, did you?—A. No, sir; did not. 

Q. You don’t know how that picture got there?—A. No; I don’t know. 



192 


CAMPBELL VS. DOUGHTON. 


Q. You don’t know whether it came in the box with the tickets or not, do 

you?—A. No, sir; I can’t say. . * v 

Q. Let me ask you, Were you there when the polls opened?—A. Yes. 

Q. Do you remember seeing Squire Harris, Republican justice of the peace. 

A. Yes. 

Q. He was there?—A. Y'es. • 

Q. Do you remember seeing him administer the oath to the registrar and elec¬ 
tion officials?—A. I don’t remember that I did. ‘ 

Q. Do you know whether he adminis:tered it or not?—A. I think he did; 1 
could not say positively. 

Q. Didn’t you hear Squire Harris say he did?—A. I heard him say he did. 

Q. Y’^ou heard him say he administered it?—A. I heard liini say he had sworn 
some. I suppose he swore all of them. I don’t know it. 

Redirect examination; 

Q. In regard to the manner in which that picture reached that destinatimi, I 
ask you if it was not the general impression that it came there with the official 
tickets? 

(Objection by contestee to the introduction of this evidence.) 

A. Well, I heard a good many express themselves that they thought it was 
sent out with the tickets. 

Recross'-examination: 

Q. Your Republican brethern thought that, did they?—A. Yes. 

Mr. T. G. AVALLACE, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. I live in Eagle Mills Township. 

Q. Are you a voter in that precinct?—A. Yes. 

Q. How long have you lived there?—A. I have lived there about all my life. 

Q. State whether you were the registrar of elections in that precinct at the 
last election.—A. Yes. 

Q. When were you appointed registrar?—A. Sometime in the spring. 

Q. Was that for the primary or for the general election?—A. For both, as I 
understood. 

Q. AVere you sworn at the time you were appointed?—A. Not exactly at the 
time I was appointed, but I was soon afterwards. 

Q. By whom?—A. Squire Critz. 

Q. Now, that was before you began the discharge of your duties as registrar 
in the primary?—A. Yes. 

Q. Before you began your duties as registrar in the general election were you 
sworn?—A. Squire Critz kinder doubled the thing up on me. He swore me for 
both at the time he swore me, and I accepted it as being on both. I was as much 
sworn to conduct the election in the general election in a fair and honest election. 

Q. The one was to register voters for the, primary?—A. Yes; that was the 
first duty. 

Q. And the second was to register voters to vote in the general election?—A. 
That was the nature of it. 

Q. Did both parties have candidates on the ticket in the primary?—A. Yes; I 
think so. 

Q. That is, the voters of the two parties at the primary voted to nominate 
their choice for office, is that true?—A. Yes; both parties had some candidate to 
vote for. 

Q. Coming up to the registration for the general election, what was the ag¬ 
gregate number of voters on your registration book when it closed?—A. I 
don’t remember just what—think it was smething over 400; I think 420, per¬ 
haps. 

Q. Of the four hundred and odd votes on the register at the close of regis¬ 
tration, how many did you place there as registrar for the general election of 
1920?—A. AA^ell, something like half of them, I expect. 

(}. Something like 200?—A. I suppose there was, best of my recollection. 

Q. State whether you were at the voting place on the four Saturdays next 
prceding the Saturday before the election?—A. Yes. 

Q. During what hours?—A. I generally spent the day at the voting place. 

Q. AVhat is your occupation?—A. Farming. 

Q. Where was the voting place, in reference to your home?—A. Three miles 
away. 


C^AMPBELI. VS. BOUGHTON. 


193 


Q. Wlint sort of Iniildinj; is the voting place, if any?—A. It is a school- 
house. 

Q. So you went there about 9 o’clock in the morning and stayed until 
about 9?—A. I was there usually before 9 o’clock; I started as soon as I 
could get off. ^ 

Q. That is, on tlie four days mentioned?—A. Yes; each Saturday. 

Q. Did you administer the oath required by law to the applicants for reg¬ 
istration?—A. Yes. 

Q. In every instance?—A. In every instance, so far as I know. Sometimes 
if there would be a number come in at once I wouldi go ahead and put them 
all on the book and qualify them all together, and if any slipped out without 
being qualified I don’t know it. 

Q. What requirement did you exact of them as to residence in the State?— 
A. Just simply legal requirements. 

(}. Of how long?—A. Two years in the State, I believe, six months in the 
c*ounty, and four months in the precinct. 

(}. What requirement as to the payment if poll tax, if any?—A. I never 
asked any questions about the ])oll tax. 

Q. You omittfHl any inquiry as to that qualification?—A. Yes. 

Q. Did you apply the educational test required by the constitution and laws 
of the State?—A. No, sir; I did not. 

Q. You omitted that obligation entirely?—A. I did not ask any questions 
about the qualifications in an educational way. 

Q. In cases where voters were registered under what was once known as the 
grandfather clause, prior to the 1st of December, 1908, did you make any in¬ 
quiry as to the validity of their certificate?—A. I don’t think I have any such 
applicants as that. That would have been my understanding of the law. 

Q. How much time during the registration period other than the four Sat¬ 
urdays named did you put in in the registration of voters?—A. Oh, I couldn’t 
hardly tell you the exact time. 

Q. Approximate it as near as you can.—A, Frequently there was some one 
came to my place and I would get called in from tlie field and go to the house 
and hinder an hour or so. 

Q. They came to> your home, you mean?—A. Some one would, and some¬ 
times I would get a request to go to some one’s home to register part of the 
family on account of sickness or something, and I would make a trip in that 
way. I don’t know how much time I spent in that way. 

Q. How did the votes stand, relatively, as between the two major parties 
there?—A. INIy best recollection of the last vote there about the highest Re¬ 
publican candidate was about 275. best of my recollection. 

Q. What was the highest on the opposition ticket?—A. To the best of my 
recollection, about 115. 

Q Well, does the vote stand something like two to one Republican in the 
township?—A. Yes; little stronger than that, I think. 

Q. The vote stands a little more than ,two to one for Republican?—A. 
Nearer three to one, I believe it would be. 

Q. How often did you go away from your home or from the voting place 
for the purpose of registering voters?—A. I didn’t make very many trips away 
from home on that business. 

Q. How did you travel when you did make your trips?—A. Oh, various ways; 
afoot mostly. It is rough around over there. I went a few trips. 

Q. Did anyone on the part of the management of your party counsel you 
to go away from your home or from the polling place and find such voters of 
the Democratic Party as they could find and register them, and if so, who so 
advised you?—A. I don’t know that I had any strict advice from any leaders. 

Q Did you ever talk over the matter with Mr. J. G. Lewis, chairman of the 
county board of elections?—A. I don’t think I saw Mr. Lewis any time during 

the time of registration in the fall. ^ ^ „ 

Q. Did you ever talk it over with Mr. J. A. Hartness, the county chairman?— 

A. I don’t have any recollection of it. , x 

Q With Mr. Z. V. Long, a prominent man in the county?—A. Perhaps I 
might have heard some of them insisting that it was very necessary to see to 
it that all the Democratic women were on the registration book. That was the 
common plea through the newspaper. 

Q. Who counseled you to do that; in any event you took that counsel of your 
own judgment, did you not?—A. Yes. 

57C95—21-13 




194 


CAMPBELL VS. DOUGHTON. 


Q. You are an active party worker in your community?—A. Well, sometimes. 

Q. In going over the precinct to register the voters, men and women, did 
you take them in order as you found them, house to house. Democrats and 
Repuhlicans alike, or did you go out especially as a good missionary to register 
Democrats?—A. To be fair with you, I never spent but about one day hunting 
them and that was on the last. 

Q. That was hunting up your Democratic neighbors?—A. Yes; I spent one 
day looking especially for Democratic voters. At that time the Uepublicans 
were about all on the books; all that I knew of. 

(}. And you were a little bit alarmed unless your Democratic neighbors didn’t 
get on the books?—^A. Yes. 

Q. As matter of fact, you never registered any Republicans out on those 
trips?—A. Oh, yes. 

Q. How many? One?—A. Oh, several. I don’t know that I could tell you 
.just how many. 

(}. I want to hear the names of those.—A. I made a trip over to Mr. Robert 
Caine’s ami registered his wife. I went to his house. 

Q. How far did Mr. Caine live from the polling place?—A. About 3^ miles. 

(j. Any others beside Mrs. Caine?—A. Yes; I went over to AVidow Reavis’s 
place over there and registered the widow Reavis and her two daughters. 

Q. These are four that you registered. Any others?—A. Yes; registered 
.some others, but I don’t know that I could recall them all .lust now. I think I 
went to Mr. L. ,T. Haynes and registered his wife, back on the other side in 
the opposite direction, one day. 

Q. According to what you have told me these Republican tribes were pretty 
easily found in that community?—A. Plenty of them. I registered Mr. 
Haynes’s wife. 

How many Democrats did you register?—A., On those trips I didn’t 
register at all. 

Q. At any time that you went away. You say you put in a day for your 
party. How many did you put in for the Republicans?—A. Not a one; I 
didn’t think there was any more to register. 

Q. You say you put in a whole day?—A. I didn’t put it in registering them. 
I put the time in finding them, going to where they were at, hunting them up, 

Q. To talk to them and get them in?—A. They hadn’t come in and the time 
was about run out, and I realized that there had to be something done, or 
could not make any show at all. 

Q. You were out there shooing them in. I’^ou could get a good deal of 
them?—A. Yes. 

Q. You did get in all the balance of them?—A. All I could. 

Q. That was quite a considerable number?—A. Not very many, 

Q. Did you get in as many as 75 that day?—A. No. sir, 

Q. Fifty? Remember a good many people can be huddled up that way in a 
short time.—A. In a sparsely settled country; can’t. 

Q. Didn’t you get as many as 40?—A. Don’t think I got as many as 20. 

Q. You got them all in and registered them?—A. Fifteen or 20, something 
like that, 

Q. You understood your duties i)retty well under your oath and obligation, 
didn’t you?—A. I thought so. 

Q. Did you feel all the time, under your oath and obligation and under the 
condition of your payment, that you were bound to do .just as much for the 
Republicans as you did for The Democrats or did you feel the other way about 
it?—A. I felt like it was my solemn duty to give everybody a fair and square 
<leal—to give them a chance to register, and, if they called on me, I did go 
to them. 

Q. You didn’t feel so solemn about the duty to hunt the Republicans?—A. 
I didn’t hunt the Democrats until right along to the last, and by that time 
the Republicans had come in, and I did go out and hunt for the* Democratic 
ladies. 

Q. You were there and helped hold the election on election day?—A. Yes. 

Q. AVho were the other poll holders?—A. Mr. J. R. Joyner,* and Air. A. J. 
Caine. 

Q. Did anybody administer the poll-holders’ oath to you that da.v—on the 
election day?—A. No, sir; I had accepted the one oath, as I told you in the 
outset, to apply to both jind felt like it was .just as binding. 

jSh)body administered any oatli there to you or the other two gentlemen 
on the election morning as poll holders?—A. I administered the oath to the 


CAMPBELL. VS. DOUGHTON. 


195 


two poll holders at the opening of the primary, and including the general elec¬ 
tion as well, like the oath had been administered to them, 

Q. You swore them in both the present and future tense?—A. As I under¬ 
stood that, we were appointed as a continual officer until the thing was ended— 
that has been the custom here, only one appointment, 

(}. It has been the general purpose that when you are swearing them 

for a political primary--A. I didn’t say that. I say the custom is that 

whoever is appointed to hold the primary is also expected to hold the general 
election. I was going to say that it has been the custom that whoever was 
appointed to register the voters in the general election, by the same appoint¬ 
ment and the same general oath was held over to hold the election of the 
people in the fall. That has been our custom in Eagle Mills for the last few 
years. 

Q. Were the two men, that were there as your two poll holders on the 
general election (Thy, the same that were with you on the primary days?—A. 
Yes, 

Q. You didn’t swear them then, but had sworn them on the primary day?—A. 
I did call their attention before opening the polls on the general election day 
that I had sworn them on the primary day. 

Q. The only oath that you administered to your fellow poll holders on the 
general election day was to say: “ You were sworn as poll holders in the pri¬ 
mary last summer ” ?—A. “ Including this election as well.” 

Q. And you attempted to bring that forward of including the general elec¬ 
tion, but you didn’t reswear anybody?—A. I don’t think I did. 

Q. How many absentee ballots were cast that day?—A. Some 9 or 10, possi¬ 
bly 11—right along there—don’t think quite a dozen. 

Q. How did you receive these ballots, as the registrar of election, at that 
precinct?—A, 1 i-eceived them through rhe mail, and part of them were brought 
there by various parties on election day—those that were sick. I don’t remem¬ 
ber just how many was brought that way, but a few—those that were out 
of the county or expecting to be out—had prepared their ballots and sent them 
through the mail—others sent them by hand. 

Q. Did they vote regular ballots, as they had transmitted them through 
the mail or to you by hand or did they transmit a certificate certifying they 
were going to vote solidly the Democratic or Republican ticket or were there 
some of both?—A. There were some of both, except in, one particular instance, 
the tickets accompanied the certificate in a sealed envelope, except this one 
instance, they all came that way. 

Q. They all came as regular ballots, as I understand you, except one, which 
was a certificate?—A. This certificate authorizing the registrar and judges to 
vote certain prescribed tickets, that came by mail. 

Q. Have you that certificate?—A. I expect I have it at home. I haven’t got 
it with me. 

Q. If you have them I want you to produce them for this hearing. I want 
to give you as little trouble about coming as possible, and 1 want you to 
produce "that.—A. I don’t know that I can find them. I think maybe it 
might be possible I can. 

Q. If what I now read should be the controlling law of the State as to your 
duty as registrar of the election in that precinct in reference to these absentee 
ballots and certificates, which is as follows, to wit: Section 4a of chapter 322 
of the Public Laws of North Carolina of 1919, as follows: “ In voting by the 
method prescribed in chapter 23 of the Public Laws of 1917, the voter may, at 
his election, sign or cause to be signed, his name upon the margin or back of 
his ballot or ballots, for the purpose of identification. The ballot or ballots so 
voted, together with the accompanying certificates, and also the certificates 
provided in section 2 of this act, in case the voter ballots by that form, shall be 
returned in a sealed envelope by the registrar and poll holders, with their cer¬ 
tificates of the results of the election, and kept for six months, or, in case of 
contest in the courts, until the results are finally determined.” If that should 
be a statute of the State regulating your action as registrar and you failed to 
return them as thus prescribed you did not, in that particular, comply with the 
law did you?—A. If that is the proper construction of that law, I did not. 

q’. You will produce those if you can?—A. Yes; if I can. I can’t promise 
for sure I can do it, but think possibly I can. 

Q Do you know those absentee voters?—A. I know most all of them; 

^.e one or two ladies that I don’t personally know. , , 

U Did vou satisfy yourself as to their qualification, under the law, to 
Why yes. l" would not have voted any of them if they hadn’t been 


there 


are 



196 


CAMPBELL VS. DOUGHTOI^. 


properly registered. If I hadn’t had proper proof of that would not have put 
their vote in. 

Q. How did those absentee voters stand as on party division between Mr. 
Dough ton and Campbell—did you know the politics of .these absentee voters?— 
A. They were mostly Democratic votes; two or three Republican votes in the 
bunch. 

Q. Hoav many in all?—A. About 10 or 11; I don’t think it exceeded 11. 

Q. If there were 10 or II absentee votes, and the proportion of the general 
vote of the precinct stood 3 to 1 for Campbell as against Doughton, and all of 
the absentee voters were for IMr. Doughton, except two or three, how would you 
account for that disproportion existing between the absentee vote and the 
regular vote?—^A. It didn’t appear to me like very many Republicans missing— 
they were not gone anywhere. 

Q. They seemed to be home bodies?—A. They seemeil to be at home that day. 

Q. By the same general analogy, if the condition should obtain, as shown by 
this record through these hearings that the number of absentee votes is many 
times, upon the whole, as great as the number of Republican votes and entirely 
disproportionate to the aggregate vote of the county, can you give any reason 
for the large prevalence of the Democratic absentee vote over the Republican 
absentee vote?—A. No, sir; I don’t know. 

Q. You do know the fact, do you not, that two of the three members of the 
county board of elections, all of the registrars, and two of the poll holders at 
every precinct in the county, and all of the county board of canvassers were 
members of the party to which the contestee, Mr. Doughton, belonged—you do 
know that, don’t you?—A. No, sir; I don’t positively know that, 

Q, I ask you if it is not your understanding, as a citizen of Iredell County, 
that this is true?—A. Yes; that is my general understanding of it, but I don’t 
know it, 

Q. Do you know George D. Renegar?— A. Yes. 

Q. What is his politics?—A. He is Democrat. 

Q, He voted for Mr. Doughton at the late election?—A. Yes; I think he did.' 

Q. Did he vote a residence ballot or an absentee ballot?—A. He voted an 
absentee ballot. 

Q. Do you know where he was at the time of his voting?—A. Y’'es; he was in 
Kentucky, I think. 

Q. Do you know the nature of his mission up there?—A. He is in school. 

Q. Do you recall how you received his ballot?—A. Yes; I received it through 
the mail. 

Q. Do you recall whether it was a ballot or a certificate or both?—A. Both. 

Q. I show you a certificate and ask you to identify it. [Witness looks at 
certificate.] Have you now examined it sufficiently to tell us what it is?—A. 
Well, it is a certificate from George D. Renegar, but it is not the certificate that 
accompanied his vote. I have a recollection that by mistake, or some way, 
there were two votes reached my place from George D. Renegar. 

Q. Is this one of them?—A. I think that is one of them. 

Q. What declaration of intention to vote does he say here; how is he going to 
vote, does he say?—A. Not any. 

(}. Examine this and say what it is. What is the envelope and what does it 
contain [.showing witness another envelope.]—A. Contains full set of Demo¬ 
cratic tickets. 

Q. What do you find on the envelope—read the full notice on the envelope? 
Does it say who it is from in the upper left-hand corner?—A. Yes; George D. 
Renegar. 

Q. Where is he?—A. Louisville, Ky. 

Q. Is it postmarked at Louisville, Ky.?—A. No, sir; I think not. 

Q. Where is it postmarked?—A. I can’t see good enough to tell you, but I 
make it out Statesville; I make out N. O. very plain, 

Q, Admitting that it is indistinct, isn’t it sufficiently clear to see that it is 
po.stmarked at Statesville, and N. C., as the State; isn’t that plain?—^A. Yes; 
that is plain. 

Q. Then.*your conclusion would be that that was mailed at Statesville?—A. 
Yes; that is what I have to conclude about it. 

Q. Do you recall where this certificate was mailed? [Handing witness blue 
slip again.]—A. I am not able to tell. 

Q. Where is it dated?—A. It is dated September 20. 

Q. I said where?— A, It is the State of North Carolina, and the post office 
Louisville, Ky. 


CAMPBELL VS. DOUGHTON. 


197 


‘^**5 "’t*®'' "'as it diitea as shown there, dated Louisville, Ky., and 
State Of North Caroling' 

(}. M ere botL the certificate and the envelope containing the ticket received 
by yon as registrar of your precinct?—A. I think so. 

(i. State whether both were voted at the i)()Ils.—A. A"o, sir. 

Q. Which was voted?—A. Well, it was the other one. 

Q. What do yon mean by the other?—A. I don’t know which one got there 
•Ki ’ noticed I believe the first I noticed of having two votes was pos¬ 

sibly on Sunday before the election. Mr. Caine came over to my house. He was 
one of the judges of the election and had made some little inquiry to know about 
how many absentee votes I had. I told him I believ’ed I did have a few, but 
not very many, and pulled out the bureau drawer to see how many there were 
to count them and observed there were t^^•o votes from George D. Kenegar. 

Q. Did you and he upon examination at that time deteimine that one had 
been mailed at Louisville, Ky., and the other at Statesville, N. C.?—A. Yes. 

Q. That was your decision?—A. Yes. 

Q. How did you and he decide to account for anybody in Statesville sending 
a ballot for this man in Louisville, Ky.? How did you account for that?—A. I 
don’t think we attempted to account for it at all. 

Q. How do you account for it now?—A. I don’t know that I can account 
for it. 


Q. You are an intelligent registrant, and I have no doubt that you are trying 
to state what you know. If this voter were at Louisville, Ky., as seemed to 
be true, and he voted from Louisville, Ky., do you know of any authority in 
Statesville that had the right to mail you a ballot to yote him?—A. No, sir; I 
do not. 

Q. Now, in your own opinion, isn’t that mysterious way a part of the way in 
which this excessive number, relatively speaking, of absentee ballots comes?— A. 
^Vell, it looks like that might be one reason, of course, but I don’t know how to 
account for that odd ballot. The boy was down here; 1 knew he come by here 
when he left. 

Q. I am not suggesting that you did anything wrong about it.—A. All I knew 
about it was to vote one of them. 

Q. I am asking you to help me account for this circumstance.—A. I can sur¬ 
mise right smart when I am not on oath, but don’t want to do that when I am 
on oath. 

Q. But you do know, as a practical matter, that if there is a certain number 
of voters absent and they vote regularly by certificate, whether from Louisville, 
Ky., or elsewhere,' and at the same time from Statesville, or somewhere else, 
a duplicate ballot is voted. If that should obtain generally, that would double 
the number of absentee votes cast?—A. Yes; if they could get through. We 
didn’t let them get through. 

Q. I ask you to again note the certificate and see the alleged date at Louis¬ 
ville, Ky.—A. September 20. 

Q. Look at the bottom and see what date is given at the bottom.—A. It looks 
like November 2. 

Q. Then if the ballot sent out from Statesville, as it appears, should have 
been mailed October 28, it was followed by a certificate dated November 2, 
<lo you say?—A. Yes; November 2. 

Q. Have you the envelope in which that certificate was mailed to you?-- 
A. \Vell, you had the envelope here a minute ago—you have it; yes. 

Q. Did they both come in one envelope?—A. Yes. 

Q. That is to say, you received this ballot and the certificate—the one from 
Louisville, Ky., purporting to be, as shown on its face, and tlie other from 
Statesville, N. C., mailed from Statesville—in the same envelope?—A. I found 
them both in my drawer there before I had noticed that they were two from 
one man—don’t know which got there first. 

Q. Do you know a voter in your precinct of the name of L. A. Anderson?— 
A. Yes. 

Q. What is his politics?—A. He is a Democratic voter? 

Q. He voted for Mr. Doughton at the late election?—A. I would judge so. 

Q. Do you know a voter in your precinct named C. A. Baggerly?—A. Yes. 

Q. AVliat is his politics?—A. He is Democrat, too. 

/Q. He voted for Mr. Doughton at the late election?—A. I suppose so; I 
would not attempt to swear that he did. 

Q. But you would so state from general reputation of his politics?—A. Cer¬ 
tainly ; I would think so. 


198 


CAMPBELL VS. DOUGHTON. 


Q. Do you know G. AV. Baity?—A. Yes. 

Q. Wliat is his politics?—A. Democrat. 

Q. And, so far as you know, voted for Mr. Doughton at the late election?—A. 
So far as I know. 

Q. Do you know H. G. Baity?—A. I know of the boy. I used to know the 
party when he was a mere boy. I would not know the boy now if I was to 
meet him. I know him well enough to know whose boy he is. 

Q. AVhat is his politics?—A. Democrat. 

Q. You assume he voted the regular ticket, including that of Mr. Doughton?— 
A. Yes; I assume it. 

Q. Do you know T. R. Cloaninger?—A. Yes. 

Q. What is his politics?—A. Think he is Democrat. He has not been in our 
township but a short time. 

Q. He voted the regular party ticket at the last election, including Mr. 
Doughton?—A. Think he did. 

Q. Do you know B. R. Conner?—A. Yes. 

Q. Do you know his politics?—A. Yes. 

Q. What is it?—A. Democrat. 

Q. And voted that ticket at the late election, including Mr. Doughton?—A. 
Suppose so. 

Q. Do you know J. H. Conner?—A. Yes; I think I do. 

Q. Do you know his politics?—A. I think the Conners are all Democrats. 

Q. And voted that ticket at the late election, including Mr. Doughton?—A. 
So far as I knoAv. 

Q. Do you know Hobart Dalton?—A. No, sir. 

Q. Do you know C. C; Heath?—A. Yes. 

Q. What is his politics?—A. I think he is Democrat. 

Q. And as such voted the Democratic ticket at the last election, including 
that of Congressman Doughton?—A. I suppose so. 

Q. Do you know J. S. Kellar?—A. Yes. 

Q. What is his politics?—A. I think he is Democrat. 

Q. As such voted the Democratic ticket at the last election, including that of 
Mr. Doughton?—A. I think so. 

Q. Do you know M. A. Myers?—A. Yes. 

Q. What is his politics?—A. I don’t know. 

Q. Isn’t he reputed to be a Democrat?—A. I believe he is. 

Q. As such you assume that he voted that ticket at the last election, including 
Mr. Doughton?—A. Yes. 

Q. Do you know H. L. Norman?—A. Yes. 

Q. What is his politics?—A. I don’t know what his politics is. 

Q. Isn’t he reputed to be a Democrat?—A. He said he voted the Democratic 
ticket at the last election—I never knew of him doing that before. 

Q. He did vote the Democratic ticket this time?—A. I suppose so. 

Q. So far as you know, he voted the entire ticket, including Mr. Doughton ?— 
A. That was the information I had—that he voted the entire ticket. 

Q. Do you know E. D. Renegar?—A. Yes. 

Q. What is his politics?—A. He is Democrat. 

Q. As such he voted the Democratic ticket at the last election, including the 
ticket for Mr. Doughton, so far as you know?—A. I think he did. 

Q. Do you know W. D. Swink?—A. Yes. 

Q. What is his politics?—A. He votes Democratic usually, I think. 

Q. As such, as you understand it, he voted the regular ticket last fall and 
for IMr. Doughton?—A. Yes; I think so. 

Q. You have already told me that you were a voter in that precinct; how old 
are you?—A. I am 52 or 53. 

(At this stage counsel for the contestant informs the contestee and his counsel 
in open hearing that the list of names about which inquiry was made of the 
witness, Wallace, were inquired into for the purpose of raising the question 
as to whether they have or have not paid their poll tax for the year 1919, and 
gives notice thereof to such contestee and counsel in the interest of economy and 
time, and makes request for like information of a similar character when the 
contestee’s hearings are in session. To which the contestee and his counsel 
assent, with the understanding that if any like inquiry should be made concern¬ 
ing alleged nontaxes paid by voters for the contestant, similar notice of purpose 
will be given.) 


CAMPBELL yS. DOUGHTON. 


199 


Cross-examination by ]Mr. Long : 

Q. I believe yon testified you are registrar of Eagle Mills Township?—A. Yes. 

Q. Mr. Britt was asking yon about Mr. George D. Renegar’s vote that came 
to yon through the mails. Was Mr. Renegar a qualified voter of Eagle Mills 
Township?—A. Y^es. . 

Q. I understoiKl yon to say that some gentleman came to your house and 
asked you about liow many absentee votes you had; who was that?—A. That 
was Mr. Caine, one of tlie judges of the election. 

Q. Was that the Democratic or Republican judge?—A. Republican judge. 

Q. He came to your house and asked you about bow many absentee votes 
you had?—A. Y'es. 

Q. That was before the election day?—A. That was on Sunday before. 

Q. I understood you to say that you got out the votes that had at that time 
reached you and for the first time you d'scovered what api)eared to be two 
letters from IMr. George D. Renegar?—A. Y’^es; that is right. 

Q. You didn’t open the envelopes on that day, did you?—A. No, sir. 

Q. You were just judging from the outside of the envelopes?—A. Yes; that 
is all I had to go by. 

Q. Were these envelopes and both of them opened at the polls at the voting 
time?—A. I think there was some little argument as to what disposition we 
were going to make of these two votes. 

Q. I understood that in one envelope there was certificate inclosing a 
straight Democratic ticket therewith?—A. Both had tickets in them. 

Q. I understood that one didn’t have an accompanying ticket; now, then, 
were both these votes cast?—A. No, sir. 

Q. One of them, I understand you, was decided to be cast by the officer to 
be voted for Mr. Renegar?—A. Yes. 

Q. The Other one was rejected and not put in the ballot box at all?—A. No, 
sir. 

Q. One, you say, was put in the ballot box?—A. The other one was thrown 
out at that time, and T think I imt it hack in my pocket with parcel of the 
envelopes and certificates that we had voted, you know, and sometime later 
Mr. Caine came over to my house and inquiring about that vote, wanting to 
know what went with it after the election, and I told him that I believed I 
could find it, and went and looked and got it, and just gave it to him. 

Q. You gave it to Mr. (’aine, the Republican judge?—A. l"es. 

Q. Mr. Britt goes into the realm of surmise. I ask you that if it would not 
be an entirely reasonable surmise and hypothesis that if an evil-minded person 
so desired and wanted to lay the foundation for suspicion or fraud of the cast¬ 
ing of a vote in that wa.v if he could not, with that purpose, mail a duplicate 
vote to you as registrar or any other registrar?—A. I don’t see why he could 
not. 

Q. I ask you if you don’t know of your own general knowledge that in the 
preparation of an absentee vote that some gentleman, who is leaving, some¬ 
times prepares his vote and leaves it with a friend to send in for him?—A. That 
had been my understanding. 

Q. That would l)e a retisonable thing for a gentleman to do, would it not?— 
A. Yes. 

Q. Wouldn't it be an eipially reasonable surmise that a man who had done 
that might forget about it, or. foi' some reason send in another vote himself to 
the registrar?—A. That could be done. 

(2- I ask you if you ever saw any method or kind of election in your life 
that some mistakes did not occui- in?—A. No; I don’t reckon I had. 

Q. There was not but one of these votes cast and counted?—A. No; our 
people won’t stand for anything but a straight thing up there. 

Q. Y"ou said awhile ago that he was a qualified voter of your township?—A. 
If he hadn’t been neither one of them would have went in. 

(^. This young man, Mr. Renegar, is a ministerial student somewhere in Ken¬ 
tucky?—A. That is right. 

Q. His people live in your township now?—A. Yes; they live there—boy was 
raised there in the township. 

(}. 1 ask you if you haven’t been informed, possibly through Mr. Renegar 
or some of his friends, that he had sent another vote here after he had left 
that lie intended to be a duplicate, lest the former one had been misplaced or 
failed to be sent in'.’'—A. I haven’t had any talk with Renegar. He was home 
Christmas a short time. I only met liiin a couple of times and didn’t think of 
the vote, and it was not nameii. I don’t really know that the hoy knew of the 
two votes coining there—T don’t know how that was. 


200 


CAMPBELL VS. DOUGHTON. 


(). Yon didn't nsk him 5d)ont this?'—A. I didn’t have any chance. 

(). Has anyl)ody else ,uiven yon any information about this?—A. No. 

(Contestant ol)jects to this question and the answer thereto, that it is only 
hearsay, irrelevant, and immaterial.) 

(}. Has anybody else ;tiven yon any information about, this vote, and if so, 
whom?—A. I think Mr. .Tim Sharpe explained to me. 

{}. Who is iVIi*. .Tim Sharpe?—A, He is the deputy clerk of the court of this 
county. 

(}. AV’hat did he tell you, if anything?—A. My recollection is that he explained 
that fact this way, that the boy left the vote with him, or authorized him to 
fix his vote for him when he left here, and that there was nothing wrong about 
it. IMr. Sharpe insisted that there was nothing wrong about the fact that the 
boy had authorized him to fix up his vote for him, or rather left his vote with 
him when he left here, ,, 

Q. Did Mr. Sharpe tell you that he did so send the vote in as instructed?— 
A. T think he did. 

Q. liook at this memorandum—I believe Mr. Britt showed it to you awhile 
ago, is that the memorandum that Mr. Britt presented you awhile ago? 
[Showing witness blue certificate.]—A. Yes. 

(). Who witnessed it?—A. .T. W. Sharpe. 

Q. Ts that the gentleman of whom you spoke a minute ago?—A. That is the 
man that made the explanation to me. 

Q. He is the witness to that certificate?—A. Yes. 

Q. The other ticket was voted?—A. Yes. 

Q. Have you got the other certificate of the vote that was voted?—A. I have, 
if I haven’t got it misplaced—T rather think T can find it—I don’t know that 
I can. 

Q. You saw this certificate and the other certificate together when you opened 
them?—A. Yes: we compared them together. 

Q. How did the handwritings of the name on the certificate, “ George D, 
Itenegar,” compare, did it appear in the same handwriting?—A. I didn’t pay 
any attention to the signature down at the name. We didn’t take much pains 
in comparing the certificates. We compared the handwriting on the envelope. 
The other enveloi^e was addressed with typewriter. 

Q. The other was addressed with pen and ink?—A. We compared the en¬ 
velopes. 

Q. You stayed at your voting precinct the four Saturdays as required by 
law ?—A. Yes. 

Q. Did you give all voters of all parties fair and legal opportunities, as the 
law provides, during these days?—A. I registered all that came, that applied. 

Q. You kept your books open for the convenience of those desiring to register 
during the entire registration period, did you?—A. Yes. 

Q. Did anybody fail to get registered by reason of any neglect or obstinance 
or failure of yours?—A. Not that I know of. 

Q. Did you have any complaint made to you at that time or since?—A. No. 
sir; T haven’t heard any. 

Q. Mdiat time during the registration period was it that you visited some 
about your precinct for the purpose of giving an opportunity to those who 
were not on the books to register? Was it not the latter part of the registra¬ 
tion period, just before the books closed?—A. Before the books closed I spent 
one (lay. 

(h I believe you said the time was about up before you went out any?—A. 
Yes; about the 18th. 

Q. During the time you were out did you deny any Republicans or anybody, 
regardless of politics, opportunity to register?—A. No; I did not. 

Q, I believe, you stated that at the time you did traverse the same (he great 
mass or majorit.\ of the Republicans wei*e already on the books?—A. Rractieally 
all one. 

Q. They were very diligent in registering, were they not?—A. More so than 
I ever knew. 

Q, They were more diligent to register than the Democratic voters, were they 
not?—A. Yes; that is a fact. 

Q. Didn’t they have the heaviest registration you have ever known them to 
have in the township?—A. I think so. 

Q. Didn’t the Republicans cast the heaviest vote they had ever cast?—A. I 
think so—did in our township. 


CAMPBELL VS. DOUGHTON. 


201 


Q. ]NIr. Britt spoke to you about sliooiiif? in some Democratic voters, so, 
according to these facts, the Uepublican voters flocked in, without even l)ehig 
shooed, to register, isn’t that a fact?—A. They came all right. 

Q. You were asked to give an opinion or explanation why there were more 
r>emocratic absentee votes cast at the election in November than there were 
absentee Republican votes?—A. I gaCve that. • 

(). You were asked that quesfon?—A. Yes. 

' Q. I ask you this question: Did you present to the election officers all of the 
absentee votes that came into your possession as registrar and elecfion officer 
on electioti day?—A. Yes. 

Q. Were they considered and voted?—A. They were all voted except that one 
vote where there were two. 

Q. They were all voted? I ask you if there were not a number of Republican 
votes in those absentee votes?—A. There were a few. 

Q. How many, about?—A, I can’t remember of but two or three. 

Q. Have you any list of those voters in your pocket?—A. I tried to make out a 
list this morning. I counted Sharpe as voting by mail. 

Q. Were there several Republican votes cast by Rei)ublicans?—A. There were 
some. 

Q. Couldn’t there have been just as many Republican votes cast if they had 
come to you in the regular way, or regular manner as there were three or four? 
There was no reason why a Republican could not cast his vote that way if he 
wanted to?—A, If there was any reason I didn’t learn of it. 

Q. Has any absentee Republican complained to you that h‘s vote was not 
cast?—A. No. 

Q. I ask you if you don’t know of your own knowledge that the Republicans 
were very insistent that their voters be at the polls, as nearly as possible?— 
A. Yes. 

Q. And not to trust the mail with absentee votes?—A. Y'es; I think that was 
right. 

Retlirect examination by Mr. Britt : 

Q. You say young Renegar was a theological student at Louisville. Ky.?— 
A. He was studying for the ministry. 

Q. It would make it all the more likely that this duplicate ticket, if such 
there was, was sent in by somebody else from Statesville?—A. Well, just 
looking at it from that angle, it might. 

Q. Mr, I^tng said it might be surmised that somebody eLse c«)uld send this 
ticket up there; you don’t think any Republican would send this ticket up 
there to cheat himself and his party; you would not surmise that in a hundred 
years?—A. I believe if I was to I would not say anything about it. 

Q. It would be such an unreasonable proposition you would not even for a 
moment think of it?—lA. No, sir. 

Mr. A. W. THARPK, being called by contestant, testitie<l as follows: 

Direct examination by Mr. Britt : > 

Q. Where do you live?—A. Eagle IMills Town.sh p. 

Q. State whether you ever heard any conversat on to the effect that a citizen 
of your county under indictment would get off easily or be freed if he would 
vote the Democratic ticket, and if so, give the names.—A. Well, sir, I heard 
Sam Joyner tell Bud Myers if he would vote the Democratic ticket at that 
election that he would see that he got off light, or maybe off all, under the case. 

Q. For what was Bud Myers indicted?—A. I could not tell you; I just heard 
Mr. Joyner tell him that. 

Q. Who was Mr, .loyner?—A. He is a leading Democrat out there in that 
precinct. 

Q. Do you know whether Bud voted the Democratic ticket or not?—A. Yes. 

Q. Do you know whether he voted^for Mr. Doughton for (’ongress?—A. He 
just voted Democratic ticket. 

Q. That included Mr. Doughton’s name?—A. Yes. 

Q. When was this conversation?—A. It was on the day of election. 

Q. At what i)recinct was this?—A. Eagle Mills. 

O. Where were the persons when they had the conversation?—A. About oO 
yards from the election grounds, the schoolhouse. 

Q. Do you know what the usual politics of this man. Bud i\jyers, is?—A. 
Republican ; or at least he was going to vote Republican ticket that day. 



202 


CAMPBELL VS. DOUGHTO^^. 


Cross-examiiuitioii by Mr. Tuknek: ■ 

(). What Myers was that?—A. Bud Myers. 

Q. What are his initials?—A. I could not tell you. ^ o * t> i 

Q. He has another name beside Bud ; under what name d:d he vote. A. Bud 

Myers; I don’t know hi»; initials. ' i < ait n t 

Q. You say he registered? What name was he registered under?—A. Well, i 

don’t know that. 

Q. Was it M. A. Myers?—A. I could not tell you that; just Bud Myers. 

Q. W’ho was Mr. .ioyner?—A. Sam .Joyner. . 

Q. How old is he?—A. I don’t know. 

Q. About how old is he; as old as you?—A. Would not think he was as old as 
I am. 

(^. Tell us whether he was a baby or man.—A. Man. 

Q. He was the one that told Bud he would let him olf; what was Bud 
indicted for?—A. I could not tell you; 1 .just heard Mr. .Joyner tell him that. 

C^. Mr. .Joyner knew you were a llepublican?—A. Y’^es. 

Q. Do you think he was fool enough to tell that in the presence ofj a Repub¬ 
lican?—A. I just heard him say it. 

Q. What authority did he have to let him off: was he a magistrate?—A. I 
am just .telling you what I heard lain saj^. 

Q. Was he an otlicer of the hiw ?—A. No, sir’. ^ . 

Q. .Just a c.t zeii out there in the woods?—A. Yes. 

Q. .Just like you?—A. Yes. 

Q. It was on election da^'?—A. Yes. 

(}. Did you accpdesce in* the proposition made by Mr. Myers?—A. I don’t 
know that I (piite understand it. 

(). Did he call you as a witness to that?—A. I was standing listening. 

Q. Did they call you into the conversation?—A. I had been talking to Mr. 
Myers when INIr. .Joyner came up. 

Q. What were you talking about, you and Mr. Myers?—A. I was trying to get 
him to vote the llepublican ticket. 

Q. What did you promise?—A. I didn’t promise him anything. 

Q. If he was such a strong Republican, how come you had to plead with 
him to get him to vote?—A. They told him if he would vote the Democratic 
ticket they would let him off. 

Q. If he was such a good Republican, why was it you tried to drag and force 
him to vote the Republican ticket?—A. I was not dragging him. 

Q. Were you pushing him?—A. No, sir; just talking to him—just a con- 
versattion. 

Q. What inducement did you offer him to vote the Republican ticket?—A. Not 
a thing. 

Q. Didn’t you promise him it was best for the country?—A. No, sir ; he was a 
friend of mine. 

Q. Did you promise him you would be neighborly to him, or anything of that 
kind?—A. I don’t know that I did. 

Q. You were talking to him as a neighbor and friend and you were working 
for your party there, and then when .Joyner came up he made this proposition 
to him?—A. Yes. 

Q. And you standing right there?—A. l’'es. 

Q. And Myers knew you were a Republican?—A. Yes. 

Redirect examination by Mr. Britt: 

Q. All the talk you had with Bud Myers was to try to argue with him to 
vote the Republican ticket?—A. As he had been voting. 

Q. You have heard a description of the so-called picture of President Hard¬ 
ing?—A. Yes. 

Q. Grouped with Negro candidates?—A. Yes. 

Q. Did you see that picture on that day?—A. Yes. 

Q. Where did you see it?—A. I saw it outside of the house where the voting 
was going on. 

Q. Who had it?—A. I could not tell you. Several had it—several looking 
at it; just could not tell you who had it. 

Q. What time of day was this?—A. This was along in the evening. 

Q. l^ou saw the picture along in the afternoon?—A. Yes. 

Q. Did .vou.see hut the one?—A. No, sir; didn’t see but the one. 


CAMPBELL VS. DOUGHTON. 


203 


Recross-examination by Mr. Tuener: 

Q. Whose picture was it?—A. It was Warren G, Harding and some Negro 
pictures on it. 

Q. How many Negroes?—A, I didn’t count them at all; I didn’t pay much 
attention to it. 

Q. That was a picture from Ohio, wasn’t it?—A. I don’t know where it was 
from. It was Warren G. Harding’s picture on it. 

Q. Any reading on it?—A. I don’t remember; I just looked at it and didn’t 
pay much attention to it. It didn’t interest me. 

Q. Was it good looking?—A. I didn’t call it good looking with those Negroes 
on it. 

Q. Did it have a Negro woman’s picture on it?—A. I don’t remember that. 

Q. Was it all Negro men or Negro women?—A. I don’t remember. I never 
paid much attention to it. 

Q. Was there any print on it?—A. I don’t remember. 

Q. Had no influence on the voters at all?—A. I could not say that—it didn’t 
on me. 


•Mr. W. M. AI^iBEA, being called by contestant, testified as follows; 

Direct examination by Mr. Britt : 

Q. Where do you live?—A. Turnersburg township. 

Q. You are a voter in that precinct?—A. Yes. 

Q. And as such you were the registrar of the election of November 2?—A. 
Y^es. 

Q. Were you also the registrar at the county congressional primary in the , 
summer before?—A. Yes. 

Q. Were you sworn as a registrar of the primary election ?—A. Yes. 

Q. By whom?—A. Clerk of the court. 

Q. Mr. J. A. Hartness?—A. His deputy. 

Q. Were you sworn again as registrar of the general election?—A. I was. 

Q. By whom?—A. By the same man. 

Q. ^\dlat is the date of the last oath you took?—A. Before the books opened. 
Q. In virtue of being a registrar, you were also one of the three poll holders 
in the precinct?—A. I was the registrar and was one of the poll holders that 
day. 

Q. You were one of the three poll holders?—A. Yes. 

Q. Were you the registrar throughout the entire registration period?—A. 
Yes. 

q". You had no assistant at any time?—A. Did the last week, from Monday up 

until Friday. , 

Q. From Monday until Friday of the last week of the registration?—A. Yes. 

Q. Who was your assistant?—A. Mr. J. B. Parks. 

[Folio 6 missing; not furnished.] 

A. I did. , . ^ „ 

Q. Did you apply all the tests required by the State constitution and laws?— 

^ Q^, How long did you require them to have lived in the State of North 

Carolina?—A. Two years. 

Q. In the county of Iredell?—A. Six months. 

Q. And in Turnersburg precinct?—A. Four months. 

Q r)id you make any inquiry about the payment of their poll tax?—A. 1 did 
until I was informed that they were not going to use the poll tax in the 

county; then I didn’t make any inquiry. ^ ^ . n a 

Q. About how many had you registered up to that time?—A. M ell, 

_when I got that something like about half of the registrants. 

Q. So you paid no attention to the poll tax of about 125 or 150 of those who 
came up?—A. Something like that. , 

Q. Did you swear them?—A. Yes. ^ ^ 

Q. All of them?—A. I think I did—don’t think I missed swearing any of them. 

O Did you swear the women and men that applied? A. Yes. . . o a 

Q. How many did you turn away without permitting them to register?—A. 

Not any. « a 

O Not a man or a woman?—A. no, sir. 

Q At the voting place on other days than the four days named, how many 
days did you occupy, if any?—A. Something like a day. 


I don’t 





204 


CAMPBELL VS. DOUGHTON. 


Otlier than the four? Then, liow many days did you occupy going over the 
precinct getting up the vote?—A. I ssiid soinetliing like a day beside the four 
days at the voting place. 

Q. So you occupied something like a day going over the precinct? Is that 
a large precinct?—A. No; it is not a great large one. 

Q. How did the voters stand there as between Mr. Doughton and Mr. 
Campbell?—A. I think something like—I think INIr. Doughton got about 40 or 
45 majority. 

Q. Well, in going over the precinct how did you travel?—A. In an automobile. 

Q. Did you commence with the nearest house out of the village of Turners- 
burg and take them house by house?—A. No; I just went to the places where 
I was requested to go by the ones that asked me to go to their houses. 

Q. You didn’t go any place to register friends of either candidate except 
where you were asked?—A. No, sir; I met some on the road and registered 
them. 

Q. How many Republicans away from the polls did you register?—A. I sup¬ 
pose— I don’t know positively ; 12 or 15. 

Q. Could you give some of the names?—A. There was Mr. Hinshaw’s wife. 

Q. What is his initials?—A. I don’t know what his initials are; he is here 
somewhere. 

Q. You registered his wife?—A. Yes. 

Q. That is one. How far did she live from the voting place?—A. Two and 
one-half or three miles. 

Q. She requested you to come over?—A. Mr. Hinshaw did. 

Q. Who else?—A. Mr. J. V. Baggerly; he asked me to come register his 
wife. 

Q. That is two; who else?—A. And I registered Mr. Calloway Fletcher’s boy. 

Q. Did he ask you to come over?—A. I was passing there and Mr. Calloway 
came out and asked me if I would register him. 

Q. Where were you going when you passed there?—A. Simmons & Whitney's. 

Q. Concerning the election?—A. No. 

Q. How many of the friends of ISIr. Doughton did you go out and register in 
the precinct? All told, were there 100?—A. No, sir. 

Q. As many as 75?—A. No, sir; maybe there were as many as 50 registered 
outside the polling place. 

Q. Do you think you registered as many as eight Republicans away from 
home?—A. I registered Lee Kinder’s wife away from there. 

Q. That is five you have named.— A. And Mrs. Dary Danner, and H. C. 
Hunter and his wife, and Mr. Sloan and his wife, and Mr. Callowmy Fletcher’s 
daughter—that many that I remember of that I registered away from the 
polling place. 

Q. What is Mr. Danner’s politics and that of his family?—A. He splits his 
ticket and his wife votes straight Republican ticket. 

Q. He is understood to be a Democrat?—A. He has not voted for years until 
this year. 

Q. He voted for Mr. Doughton?—A. He did in the primary, but somebody 
told me he didn’t in the general election. 

Q. You don’t know how he voted?—A. No, sir; I don’t know how he voted. 

Q. Getting down to the election day, I believe we are leaving the registra¬ 
tion with the statement that you think you registered some 50 or more of Mr. 
Doughton’s friends away from the polls, and 11 Republicans—so the outside 
registration stands something like 5 to 1 in favor of Mr. Doughton?—A. On 
part of these—they had a fair at Harmony, and I had some papers to serve, 
and I went to Harmony the day of the fair to serve them, and I registered 
a great many of them there who came to me and asked me—a part of these 
Republicans. 

Q. Getting down to the polls, who were the other gentlemen who helped hold 
the election?—A. ,T. W. Albea and L. A. Cash ion. 

Q. Is J. W. Alhea a brother of yours?—A. No, sir. 

Q. Who was the Republican member?—A. Mr. Cashion. 

Q. Do you remember how many absentee ballots cast there?—A. Twenty- 
rsome odd. 

Q. Were they straight ballots or ballots with certificates?—A. Part of them 
were with certificates. 

Q. Have you those certificates?—^A. Yes. 

Q. Please produce them.—A. I have them here in my pocket. [Hands certifi-' 
cates to attorney.] 


CAMPBELL VS. DOUGHTON. 


205 


Q. Did Mrs. Virgie Kinder vote by absentee ballot?—A. Yes. 

Q. What was the nature of her absenee?—A. Expecting to be confined any 
minute. 

Q. What was her politics?—A. Why, I suppose she was Democrat; I would 
not be positive. 

Q. That is the reputation of the family?—^A. Yes. 

(}. And voted that ticket at the polls?—A. I don’t know what her ticket was. 

C}. ^Vhere they are represented to be Democrats, and you have no understand¬ 
ing to the contrary, it is your understanding that they voted Democratic ticket, 
including that of Congressman Doughton, of course?—A. Yes. 

Q. Do you know Mrs. E. O. Mowbery?—A. Yes. 

Q. What is the nature of her absence?—A. She was sick. 

Q. What is her politics?—A. I don’t know what her politics is—her father 
was Kepublican. 

Q. How is she understood to vote; you have heard how she voted?—A. Never 
heard. 

Q. Never heard of her being canvassed?— A. First time she ever voted. 

Q. Mrs. J. O. Albea ; what was tlie nature of her absence?—A. She was un¬ 
able to attend; about 80 years old and could not. 

Q. What is her politics?—A. Democrat. 

Q. Do you know Emma West?—A. Yes. 

Q. What is her ix)litics?—A. Supposed to be Democratic; not knowing posi¬ 
tively. 

Q. It is your understanding that she voted Democratic ticket?—A. Yes. 

Q. What was the nature of her absence?—A. Physically disabled; she is an 
invalid. 


Q. Mrs. M. L. Massey; have you such a voter?—A. Yes. 

(2. What is the nature of her absen(*e?—A. She was sick. 

Q. What is her politics?—A. Democrat, I suppose; that is what her hus¬ 
band is. 

Q. She voted the Democratic ticket?—^A. 1 suppose she did. 

Q. Do you know Mrs. J. L. Heath?—A. Yes. 

Q. What is her politics?—A. Supposed to be Democratic, what her husband is. 
Q. She voted the Democratic ticket and for Mr. Doughton, so far as you 
know?—A. Yes; so far as I know. 

Q. What is the nature of her ab.sence?—^A. Physically disabled. 

Q. Do you know T. li. Albea?—^A. I do. 

Q. What is the nature of his absence?—A. Physically disabled. 

Q. His politics?—A. Democrat. 

Q. Voted Democratic ticket and for Mr. Doughton?—A. Yes; I know he did. 
Q. W. G. Nicholson; do you know him?—A. Yes. 

Q. What is his politics?—A. Democrat. 

Q. He voted the Democratic ticket, including Mr. Doughton?—A. Yes. 

Q. What was the nature of his absence?—A. Sick. 

Q. Do you know Mrs. Roxie Steele?—A. Yes. 

Q. What is the nature of her absence?—A. Sickness. 

Q. What is her politics?—A. I don’t know. 

Q. Did you ever hear she voted the Democratic ticket?—A. No, sir; don’t 
know anything about her i)olitics. 

Q. Do you know W. C. Hayes?—A. Yes. 

Q. What is the nature of his absence?—A. Sick. 

Q. What is his politics?—A. Democrat. 

Q. He voted the Democratic ticket including Congressman Doughton?—A., 


Yes. 

Q. 

Q. 

Q. 

Q. 

Q. 

leave 

after 

Q. 

Q. 

Q. 

Q. 

Yes. 

Q. 


Do you know Mrs. Lila Hayes?—-A. Yes. 

That is the wife of the preceding name?—A. Yes. 

She is a Democrat in politics?—A. Yes. 

Voted Democratic ticket including Congressman Doughton?—A. Yes. 
What is the nature of her absence?—A. She was sick herself and could not 
Mr. Hayes. He was lying on his death bed at that time—died few days 

election. 

This seems to he Mrs. A. M. Lazenby. Do you know her?—A. Yes. 

What is the nature of her absence?—A. Sick. 

What is her politics?—A. Democrat, I suppose. 

She voted the Democratic ticket, including Congressman Doughton?—A. 
Do you know Minnie Bell West?—A. Yes. 



206 


CAMPBELL VS. DOUGHTON. 


Q. Wliat is the nature of her absence?—A. Sick. 

Q. What is her politics?—A. I could not tell you about her politics. 

Q. You don’t know how she voted?—A, No, sir; I don’t know how she voted. 

Q, Do you know Hunter West?—A, There ain’t any Hunter West. 

Q, It is Harriet West; it is Mrs. Harriet West.—A. Yes. 

Q, What is the nature of her absence?—A. Sick, 

Q. AA’liat is her politics?—A. I don’t know her politics, 

Q. Do you know Mrs, Margaret J. Nicholson?—A. I do, 

Q, What is the nature of her absence?—A. Physically unable to attend. 

Q. What is her politics?—A. Democrat, I suppose. 

Q. She voted the Democratic ticket, including Congressman Doughton?—A. 
Yes. * 

Q. Do you know Leslie Downum?—A. Yes, 

(}. AVhat is the nafure of her absence?—A. Sick.. 

Q. AN’hat is her politics?—A. Democrat, I suppose. 

Q. You know that she voted the Democratic ticket?—A, Yes. 

Q. Do you know J. T. Johnson?—A. I do. 

Q. AVhat is the nature of his absence?—A. In the hospital. 

Q. What was his politics?—A. Republican. 

Q. Do you know how he voted?—A. Republican; I suppose so; that is the 
way he has always voted, 

Q. Do you know Miss Tobitha Summers?—A. Yes. 

Q. AVhat was the nature of her absence?—A. I’hysically disabled to attend. 
Q. AVhat is her politics?—A. Democrat. 

Q. A’oted the Democratic ticket?—A. Yes. She is the oldest one I regis¬ 
tered, 87. 

Q. Do you know Mrs. Mary A. Marshall?—^A. Yes, 

Q. AAdiat is the nature of her absence?—A. Sick. 

Q. AA’hat is her politics?—A. Democrat. 

Q, She voted for Mr. Doughton and a Democratic ticket generally?—A. Yes. 
Q. Do,you know Laura Albea?—A. Yes. 

Q. AA’hat \vas the nature of her absence?—A. AA^ell, she is not stout herself 
and she has an invalid boy that they can’t leave and .she had to be with him. 

Q. You would not hav,e accepted an absentee ballot from her on account of 
the boy?—A. She could not have left on account of the boy if she hadn’t been 
sick herself. 

Q. On what grounds did you relieve her?—A. Being sick herself. 

Q. AVhat was her politics?—A. Democrat, I suppose. 

Q. She voted the Democratic ticket, including IMr. Doughton?—^A. I sup¬ 
pose so. 

Q. Do you know Norvella Hayes?—A. I do. 

Q. AAliat is her politics?—A. Democrat, I suppose. 

Q. She voted for Mr. Doughton?—A. I suppose so. 

Q. AAdiat was the nature of her absence?—A. Expecting to be conliued at any 
minute. 

Q. Do you know Mrs. Eelia iSIoore?—A. I do. 

Q. AAduit is the nature of her absence?—A. Sick. 

Q. AAdiat is her politics?—A. I don’t know what her politics are. 

Q. Do you know M. L. Albea ?—A. That is Laura Albea’s initials. 

Q. Do you know her politics?—A. Democrat. 

Q. She voted for INIr. Doughton?—A. I suppose so. 

Q. She voted on the certihcate as appears? Examine that paper and see if 
it is a certihcate of voting [handing witness certihcate]. I ask you if it tells 
that she voted for anybody, any i)arty?—A. It don’t tell who she voted for. 

Q. Is that a ballot at air;*—A. No; it is no ballot, 

Q. You counted it as a ballot at the polls?—A. I suppose we did; it was 
passed by the judges to be voted. 

Q. Read that.—A. “ I hereby cast my vote for each nominee of the -,” 

should have been for the party, 

(y Simply a dotted line’?—A. Yes. 

Q. No name?—A. No name. 

Q, Repeat the remainder.—A. “To be voted at the election to be held on 
November 2.” 

(y Read the name to it.—A. “ M. L. Albea.” 

Q, AA’'itness‘?—A. “ AA^. M. Albea.” 

Q. So, in admitting this blank certihcate as an affirmation of the ballot you 
admitted a certihcate which does not name anybody as the party for whom the 
voter intended to vote; did you have any knowledge of it at the time?—A. No. 



CAMPBELL VS. DOUGHTON. 


207 


Q. It is a mistake?—A, Just a mere mistake. 

Q. So, if that vote was counted for Mr. Douglitoii, it was not legally cast for 
him; it was not a ballot at all if it was counted as a ballot for him; it does 
not name anybody that it voted for?—A. No, sir; does not name anybody it 
voted for. 

Q. Do you know Lessie Downum?—A. Yes. 

Q. What is the nature of her absence?—A. She was sick. 

Q. What was her politics?—A. Democrat, I supiwse. 

Q. She was understood to vote the Democratic ticket, including Congressman 
Doughton?—A, Yes; same one that was called over a while ago. 

Q. I asked you to read the certilicate particularly aloud to the record here 
and see if it says vote for anybody.—A. It is just the same as the other. 

Q. Read it.—A. “ I hereby cast my vote for each nominee of the-,” and 

then the party is blank. 

Q. Give the name at tlie close.—A. “ To be voted for at the election to be held 
at the November election.” The witness is N. Sankey Gaither. 

Q. Then if this certilicate represented a l)allot cast for Congressman Dough- 
ton, then it represented a mistake, because the voter failed to say which party 
they wanted to vote for?—A. It is left blank there. 

Q. Who is Sairkey Gaither?—A. He lives at Harmony; he is a miller. 

Q. What does he do?—A. Runs a inill. 

Q. What is his politics?—^A. Democrat. 

Q. Did he v<)te in your precinct?—A He did. 

Q. Understood to vote for Mr. Doughton and his party?—A. Yes. 

Q. Do you know Miss Ruth Gaither?—A. Yes. 

Q. What is the nature of her absence?—A. Dlf at school. 

Q. Do you know her politics?— a. I suppose she is Democrat. 

Q. She voted the Democratic ticket at the last election?—A. I suppose so. 

Q. I note that by erasure the date June .5, 1920, is changed to November 2, 
1920 [handing witness certificate!. Do you know anything about who changed 
the date?—A. I don’t know who changed the date: Miss Ruth was going to 
be gone and she brought it down there and got the tickets and put them in and 
asked me to witness it, and I don’t know who changed the date; I gave her the 
tickets and she put it in. 

Q. Do you know Claude J. Albea?—A. I do. 

Q. What is the nature of his absence?—A. He was in Washington, D. C. 

Q. He is a Democrat in politics?—A. I suppose so. 

Q. And voted Democratic ticket at the last election?—A. I suppose so. 

Q. I note the change of the printed date from June 5, 1920, by erasure, to a 
penciled date No\ember 2, 1920; do you know anything about when that change 
was made?—A. No; I don’t know; never saw it until we'opened it up. 

Q. Read the name of the witness to the certificate.—A. “J. G Lewis.” 

Q. Is that Mr. Lewis of counsel here?—A. Yes. 

Q. Do you know how long Mr. Albea has been in Washington?—A. No; I don’t 
know how long he has been in Washington. 

Q. When have you seen him back in Iredell County?—A. Some time late in 

the fall. 

Q. Did he register before you at that time?—A. No, sir. 

Q. You don’t know when he registered, do you?—A. No, sir. 

Q. You don’t know whether he ever registered, do you?—A. He registered 
under the chairman of the county board. 

Q. Do you know Hugh Parks?—A. I do. 

Q. What was the nature of his absence?—A. Off at school. 

Q. He is a Democrat in politics?—A. I suppose so; his father is. 

Q. So far as you know he voted for the ticket including Congressman Dough¬ 
ton?—A. So far as I know, he did. 

Q. Do you know anything about the change of date?—A. I do not. 

, Q. I believe you have already stated you didn’t make any of the changes of 
(jate*^—A. No; I didn’t make any of the changes. 

6 Let me ask you again, have you made any inquiry or investigation as to 
the cause of the absences here reported other than that shown by these affidavits 
of the certificate?—A. No; only we brought it up before the judges of election. 

Q. You say that out of some 460 votes cast there, as you recall, IVlr. Doughton 

was some 40 or 50 ahead?—A. Yes. , « 

Q So the votes seemed to have stood there somewhat in the relation of five 
for ivir. ’Doughton to four for Mr. Campbell-something of that ratio .'—A. Some¬ 
thing like that. 






208 


CAMPBELL VS. DOUGHTON. 


Q. Out of 26 absentee votes cast you have stated, as I recall your testimony, 
that one voted the Republican ticket and about four you don’t know how they 
voted, the remainder, being more than 20, voted the Democratic ticket; can you 
give me, as a citizen of that community and being familiar with affairs, any 
judgment or opinion as to why, where, in a community the vote is practically 
evenly divided, though some in favor of Mr. Doughton, yet the absentee votes 
stand in ratio of some 22 or 23 to 1 for Mr. Doughton against Mr. Campbell— 
can you give me any explanation of that?—A. Nothing more than it was worked 
up a little better on that sitle than on the other. 

Q. Is that your reason for believing that the ratio is so tremendously dispro¬ 
portionate in every precinct of your county? You think it was worked up 
better?—^A. I suppose it was—way it run. 

Q. Please explain for the benefit of the record what you mean by “ worked 
up.”—A. Just the Democrats got up and worked and got the men up. 

Q. You think it appears natural that that many more Democrats absent from 
the State and precinct when they voted?—A. No; Republicans sick, too. 

Q. You say one instance, and some you say you don’t know; supposing those 
to be Republicans, only an exceedingly few was sick or away as compared with 
those sick and away of the Democrats—you can give no other explamuion ( xc-ept 
you think the Democrats worked theirs up better?—A. Yes. 

Q. Do you know Miss Addie Steele?—A. I do. 

Q. Does her name appear in your registration book ?—A. She registered under 
the chairman of the county board. 

Q. Was she an absentee?—^A. Yes. 

Q. Does her name appear among the list called here?—A. No; then, she came 
home and voted personally. 

Q. Where was she in those days?—A. In Washington, I think. 

Q. I asked you if she was not at home at the first of the election?—A. I said 
first she voted an absentee, and then I recalled and said she came and voted in 
person. 

Q. Did she vote as absentee voter?—A. No, sir; I recall that. 

Cross-examination by Mr. Turner: 

Q. First I believe I will ask you, ]Mr. Britt presented to you one or two cer¬ 
tificates where the party was not named for whom the party desired to vote, 
Mrs. Albea, for instance; he presented you that certificate, did he not?—^A. 
He did. * 

Q. It does not aj)pear in that certificate the name of the party whom they 
direct their vote to be cast for; is that what he talked about?—A. Yes. 

Q. These votes were opened there at the polls, were they? These absentee 
votes were sent to you as registrar?—A. Yes. 

Q. You had them opened at the polls?—A. Mr. Parks opened them, 

Q. They were presented there for the purpose of voting?—A. Yes; they were 
voted. 

Q. Was it detected by you election officers there that this omission was made 
in the certificates on that day?—A. No, sir. 

Q. Was it detected as to any of them at all?—A. No, sir. 

Q. That was overlooked?—A. Overlooked. 

Q. Any question raised about it?—A. No question at all. 

Q. You had a Republican judge duly authorized there, and the Republican 
leaders were there looking after things and was not detected?—A. No, sir. 

Q. The votes were for the examination of officers or anyone that wanted to 
examine them?—A. They were. 

Q. And they were not being detected? The tickets were voted as indicated?— 
A. That is right. 

Q. There was no vote with this white ballot; there was no vote inclosed?— 
A. Yes; there was a vote. The ballot was in the envelope with it. 

Q. With all these certificates that ^Ir. Britt presented to you where it was not 
indicated-A. The ballots w^ere inclosed with them. 

Q. Do you remember what kind of a ballot was inclosed with that certificate 
[showing witness' certificate] ?—A. Straight Democratic ticket, every one of 
them, inclosed with the tickets with them. 

Q. I see one here Leslie Downum ; is that a lady?—A. Yes. 

Q. Witnessed by Sankey Gaither?—A. Yes. 

Q. Was there a ballot inclosed with that certificate?—A. Yes. 

Q. What kind?—A. Democratic. 

Q. Straight Democratic ticket?—A. Yes. 



CAMPBELL VS. DOUGHTON. 


209 


Q. And it was niisnspected?—A. Yes. 

Q. It was approved and voted?—A. Yes. 

Q. Was there a ballot in each of these [handing witness certificates]?— 
A. Ballot in every one that was presented. 

Q. Yon had no certificate inclosed to yon that did not contain therewith a 
ballot?—A. Not a one. 

Q. The ballots were cast ns they were inclosed with the certificates?—A. Yes. 

Q. Did yon present to the election officers there on that day all of the 
absentee votes that had been sent or presented or received by yon?—A. Yes; 
I did. 

Q. There was a heavy Kepnblican registration in the township, was there 
not?—A. I’retty heavy. 

Q. You had a heavy, full Republican vote cast at the general election?— 
A. Yes. 

Q. I ask yon if yon don’t know that out of the total registration of the 
Republican vote in your township that if every Repiihlican vote that was regis¬ 
tered in your townsh p was not voted, except 18?—A. I don’t know just to the 
number. 

Q. Do you know about the number?—A. It was about that. 

Q. I ask you if you don't kmnv as registrar and .ludge of elwtion there that 
out of the total Democratic vote registered that there was 4(1 that didn’t vote 
anyway, al)sentee or in i)erson‘?—A. There was about 40. 

Q. So there was only about IS of the registered Republican vote that didn’t 
vote and about 40, to your recollection, that didn’t vote out of the Democratic 
registration?—A. Yes. 

Q. Were there any absentee Republican votes presented there that were not 
cast?—A. Not a one. 

Q. Do you' know if there was any question about the fact that there was a 
single Republican absentee who was a voter in that township and attempted to 
vote an absentee vote and didn’t?—A. No, sir. 

Q, M'as any question raised about any al)sentee votes on account of illness 
or physical disability that didn’t get to vote?—A. None that I heard of. 

Q. So the truth of it is that out of the Republican registration there, there 
was a large per cent of the Republican vote cast?—A. Yes. 

Q. I ask you if that does not account for the fact that there were more absen¬ 
tee Democratic votes than there were Republican votes?—A. Yes. 

Q. Did the Republican judge object to any one of these Democratic absentee 
votes going into the box?—A. Not a one. 

Q. They spoke of some young lady, I believe it was, who had registered as an 
absentee voter. Miss Addie Steele, she was registered as an absentee voter, 
that is right, isn’t it?—A. Yes. 

Q. The chairman of the board of elections, Mr. John Lewis, had given you a 
certified list of the absentee voters, did he not, and she was* among them?— 
A. Yes. 

i}. I understood you to say that she didn’t vote by mail?—A. She didn’t; she 
came home and voted in person. 

Q. She was at boiiie and voted in person?—A. Yes*. 

Q. AWien did she arrive lW)ine, if you know?—A. On the day of election. 

Q. From where?—A. From Washington. 

Q. What was she doing in Washington?—A. I don’t know what. 

Q. Employed there?—A. Employed there in some way. 

Q. She lives and has her residence in Turnersburg Township-and was duly 
registered as an absentee voter?—A. Yes. 

Q. She presented hers*elf in person and voted at your precinct?—A. Yes. 

Q. Did anybody challenge her vote on account of her absence in Washington, 
or any other cause?—A. No, sir. 

Q. WJiat became of her absentee vote that came in an envelope?—A. She came 
to me and asked me for it. 

Q, Before she voted?—A. Yes, 

Q. You delivered it to her?—A. Yes. 

Q. And the only vote counted to her credit was her vote in person?—A. It was. 

(j. You have sworn that in all of these white ballots, in all of these white 
certificates that came in these absentee voters’ envelopes contained a ticket with 
them, now those tickets* that Mr. Britt asked you about where the name of the 
party was not written in, but did have the straight Democratic ticket inclosed 


57605—21 


14 



210 


CAMPBELL VS. DOUGHTON. 


with thin, Mr. Britt asked you if that was not a wronj; vote east for Mr, 
Doiij^hton hy mistake, I ask yon if that vote was contained in there as you 
swear and those parties’ names sijtned to tins eertitieate, was it not a legal 
vote ? 

Ohjection hy contestant as to counsel trying to prove law hy the witness. 

A. It looks like it ought to he. The tickets were sealed up in the envelope 
with it. 

Q. You are not a lawyer?—A. No, sir. 

Q. But these certiticates and tickets were presented to the election officers?— 
A. Yes. 

Q. They approved them and they were voted without challenge or protest?— 
A. Yes. 

Q. Y'ou put in four days at your polling place?—A. I did. 

Q. Did you give everybody all the opportunities that the law requires and 
provides for registration?—A. I certa nly did. 

Q. Was anybody left olf registration, Republican or otherwise, in your town¬ 
ship hy any fault of yours?—A. Not a one. 

Q. Did anybody make any compla nt to you for your not giving them the 
opportunities which the laws afford and require for registration?—A. I didn’t 
hear any tell of it if there was. 

Q. Did any Republican make any ropiest of you about their convenience for 
registration w.th which you did not comply?—A. Not a one. 

Q. What time did you travel about the prec.nct, if you did?—A. The latter 
part of the last week of the hooks. 

Q. Of the registration period?—A. Y>s. 

Q. I ask you if at that time the great majority and mass of the Republicans 
were not already registered?—A. They were. 

Q. Y"ou had some new voters to contend with this time—women?—A. Good 
many. 

Q. Some coming of age. Y^ou were going to give them an opportunity to reg¬ 
ister. In your travels did you ever try to prevent any Republicans from regis¬ 
tering?—A. I did not. 

Q. Did you give any an opportunity to register?—A. I did. 

Q. The Democrats d.d have more absentee votes there than the Republicans 
d d?—A. Yes. 

Q. All the Democratic absentees that voted there were registered in your i)re- 
cinct?—A. Yes. 

Q. You had more Democratic absentees than you had Republican absentees?— 
A. 1 did. 

Q. Well, you did have in your township a number of absentee Democratic 
young men and young women who were off or sick or unable to attend the elec¬ 
tion?—A. I did. 

Q. There was a large number of old people up there, decrepit and old, that 
were absentees?—A. There were several old people in that townsh p physically 
unable to attend in person. 

Q. Was there a single absentee vote cast there, do you recall, that you have 
any reason to believe that was not a bona fide vote and was not regular and all 
right?—A. No, sir. 

Red rect examination; 

Q. You say these two blank certificates were accompanied hv ballots’?—A. 
Yes. 

Q. The ballots were cast?—A. They were. 

Q. Where are those two ballots?—A. I suppose they are there in the boxes. 

Q. Now, if you knew that those two certificates had ballots with them, I call 
your attention to th s prov sion of the election law and ask you why you didn't 
return the ballots, which is swtion 59G6 of the revisal of 1905, being'a part of 
the election law, and is as follows: “ In voting hy the method prescribed in this 
article the voter may, at his election, s'gn or cause to he s'gned, his name upon 
the margin or hack of his ballot or ballots, for the purpose of identification. 
The ballot or ballots so voted, together with the accompanying certificates, shall 
be returned in a sealed envelope hy the registrar and poll holders, with their 
certificates of the results of the election and kept for six months, or, in case of 
contest in the courts, until the results are finally determined.” If that is the 
requirement of the law, why didn’t you return those two ballots here with those 
two certiticates if the ballots were voted as you say they were voted?—A. The 
ballots were not signed on the back. The tickets were put in the enveloites 


CAMPBELL. YS. DOUGHTON. 211 

Avith these tickets, but the tickets were not sif^ned in the name of the one that 
was voting. 

(,>. (^an yon produce those tAvo ballots and identify them as the ballots cast 
with these certificates? 

(At this point counsel for contestant requests of the AAutness that since he 
has SAA'orn that tA\m ballots wei’e cast A\dth the two certilicates named, AAdiich 
ballots bear the name of Conj^ressman Rol)ert L. Doughton as candidate for 
CongTess, and such ballots not beiipg returned AAuth the ceititicates thereof, as 
reipiired by the foreg:oing section of hiAV, the witness is called upon to produce 
them in open hearing:, to identify them as the ballots cast Avith the certificates 
named, AAuth the statement that if such ballots are not produced motion Avdll be 
made before the committee in the Tdouse of ItepresentatiA’es that said tAvo bal¬ 
lots be stricken from the Aote accorded Congressman Dought(ni in that district.) 

Q. I\Ir. Albea, at any time during the hearings on the part of the contestant 
an opportunity AA’ill be glA’en you to be heard of your testimany as to the tAV’O 
ballots which you say accompanied the tAvo certificates described and an oppor¬ 
tunity to identify the same; otherAAUse the contestant A\'ill proceed to make the 
motion for striking from the list of A’otes, as preA'iously entered. 

Kecross-examination by Afr, Long : 

Q. I understood you to swear that Avitb the t\A'0 certificates in question about 
Avhicli the counsel, INIr. Britt, (piestioned you, that there AA’ere inclosed tAvo 
straight Democratic tickets Avith the certificates?—A. There AV’as a straight 
Democratic ticket in each env^elope Avith eacli of these tAvo certilicates. 

Q. I ask you if on the margin of either of these tickets or the back thereof 
AA'as there the name of anybody AAU'itten on it?—A. There AA'as not. 

((’ounsel for contestee. If. L. Doughton, rejoins to the statement of counsel for 
contestant, James I. Campbell, that inasmuch as it appears from the eA’idence 
of the AA’itness, W. M. Albea, registrar of Turnersburg ToAAmship, that the ballots 
inclosed AAdth the certificates aboA-e mentioned and referred to didn’t haA’e AA'rit- 
ten on the margin of said ballots or tbe l)ack of the said ballots the names of 
the A’oters; that the laAA' does not require the registrar to preserA'e such ])allots; 
and that it Avould be a physical impossibility to do so, as tbe said ballots AA^ere 

oast in the ballot box inomiscuously AAdtli all the other votes there cast {ind 

could not be distinguished or identified. To Avhich counsel for contestant fur¬ 
ther rejoins that since said tAVo certificates are Avholly blank and bear no indi¬ 
cation Avhatever as to the person for Avhom the voters desire to vote, no names 
in connection Avith them can be considered, and the said contestant Avill move 
as hereinbefore stated.) 

lie-redirect examination by ]\Ir. Britt; 

Q. Did you handle or distrilmte the so-called Harding picture on the day of 
the election?—A. No, sir. 

Q. Did you haA^e it in your hands at any time?—A. No, sir. 

(). Did you see it?—^A. I saAV one on the grounds there that some one had— 

I think it\vas Mr. O. G. Sills had one. 

Q. That Avas at the polls?—A. Yes. 

Q. You saAV it in the hands of Avhom? —A. I think it Avas Mr. Sills. 

■ Q. Did you have anything to do Avith its distribution; did you direct its dis¬ 
tribution in any Avay?—A. No; bad nothing to do Avith it. 

Q. Did you eA’er shoAV this picture or a picture of that character to any lady 
voters?—A. It Avas there on the grounds, and Miss Campbell and a Mrs. Gaither 
said they Avanted to see it, and I told them that Mr. Sills had it. 

Q. They didn’t make any inquiry about it?—A. No, sir; they asked me. 

Q. And you told them Avhere it could be found?—A. I had seen iNIr. Sill® 
with it. 

Q. They AA’ent to Mr. Sills to see it?—A. Yes. 

Q. AVho Avere these ladies?—A. A Miss Campbell and Mrs. Gaither. 

I\Ir. B. L. SHOEI^IAKKK, l)eing recalled by contestant, testitfied as folloAvs : 
Direct examination by Mr. Britt: 

() On your direct examin.ation tliis forenoon you Avere requested by counsel 
for contestant to i)roduce for the hearing certain envelopes and certificates of 
absentee A’oters; IniA'e you imAA' such certificates? A. No, sii. 

O Are vou uoav able to i)roduce tbem?—A. No, sir. 

d Do you swear that you are unable to produce them?—A. Yes; so tar as \ 

I don’t knoAv Avhere they are at—I suppose they Avere lost or destroyed. 


212 


CAMPBELL VS. DOUGHTON. 


Q, Are you willing to undertake to produce them in the future?—A. Well, no; 
unless I knew where they were at. 

Q. Do you wish to indicate for the record that if they can he found or ob¬ 
tained by you you will produce them for the hearing?—A. Yes. 

Q. You will remain under suhpauui to return these if you can tind them?—A. 
Yes. 


Cross-examination by INlr. Long; 

Q, They asked you this morning as to whether you were sworn on election 
morning as an election officer. I understood you to state you were not clear 
in your mind?—A. I didn’t know at that time. 

(h Has anything here to-day refreshed your memory as to whether you have 
an independent recollection about that?—A. Yes. 

(y Wliat is your recollection about it now, from refi’eshing your memory 
about it?—A. I remember that Squire Hari-is swore us. 

Q. You remember that Squire Harris, Republican magistrate, administered 
the oath to you election officers?—A. Yes. 

Redirect examination: 

(}. What refi-eshed your I'ecollection to-day?—A. I .lust got out and studied 
about it awhile and I remember J. P. Williams mentioning it before we opened 
the polls, said, “ I guess we had better get Scpiire Harris to (pialify us.” 

Q. Have you talked to anyl)ody else about it?—A. I talked to Mr. Williams. 

Q. Did he swear the other poll holders?—A. Yes. 

Q. That is your oath as a poll holder; were you sworn as a registrar after 
being sworn in the primary?—A. I don’t remember whether I was or not. 

(On agreement of counsel the commissioner of testimony, IMonroe Adams, 
authorized the stenographer, IMrs. C. L. (’ruse, to strike from the record the 
entire testimonv given by the witness H. (’. Windsor, in the hearing of February 
18, 1921.) 

(Hearings resumed this 19th day of February, 1921, in the matter of .Tames 
I. Cami)bell, contestant, and Robert L. Doughton, contestee, in the eiglith con¬ 
gressional district of Noi’th Carolina. Appearing as counsel for contestant, P. 

P. Dulin ; for contestee, Z. V. Long, W. D. Turner, and Lewis & Lewis.) 

\ 

iMr. D. N. McLELLAND, being called by contestant, testified as follows: 

Direct examination by ]\fr, Dulin : 

Q. Where do you live?—xV. I live in Sharpsburg, about 16 miles from here. 

Q. Were you a voter at the last election?—A. Yes. 

Q. What official position, if any, did you hold during the last election?—A. 
I was registrar. 

Q. Were you at the polling place the four days required by law preceding 
the election?—xV. Yes. 

(). Y’hat hours did you attend this polling place?—A. Usually practically all 
day—get there pretty soon in the morning and stay there all day, sometimes. 

Q. State clearly whether you did stay there all day on any of these days.— 
A. I don’t know that I stayed there com])letely from sunup to sundown. 

(). Did you leave on any one of these days before sundown?—A. Well, I could 
not say—I iwobahly may have before sundown. 

(h Refi-esh your memory, and if you did leave on any of those days during 
the time to be there by law, state how much of that time?—A. I don’t remember 
wliether it was any time or not. I went off one evening just for a few minutes 
and no one came to register; I believe that was the first Saturday I was there. 

Q. You say no one came to register when you were away?—A. Not that I 
know of, only what got registered. 

Q. Do you know of anyone who came to register while you were away?—A. 
No, sir; (lon’t believe I do. 

(). Other than the four days required by law for you to be at the polling 
place, did you occiqiy any of your time traveling over your precinct registering 
Democrats?—A. I did, and Republicans, too. 

Q. How much time did you occupy in registering Democrats?—A. I don’t 
know; T never kept any record. 

Q. (’an you give me an estimate?—A. T expect two or three days. 

(}. How much time did you oc*cupy in registering Republicans?—xV. I olTered 
Republicans the same privilege as Democrats. 

(}. That is not an answer to my question; give me an estimate, if you can, of 
how much time you occupied in registering Republicans other than the four 


CAMPBELL VS. DOUGPITON. 213 

(lays? A. I never kept any record—sometimes registered a Democrat and 
Republican. 

Q. You said three days registering Democrats?—A. No; sometliing like tliree 
or four days registering people. 

Q. What time did you occupy registering Democrats?—A. I didn’t keep any 
record of that—I registered Democrats aiul Repuhlicans as I went along. 

Q- Do you know how many people you registered while making the canvass?— 
A. No, sir; I made a report—I can’t give the iiumher I registered in all. 

Q. Dive the amount of voters you did register on this canvass.—A. No; I have 
nothing definite that I could give. 

Q. Can’t you give any idea at all?—A. Oh, I don’t know, I might give an idea. 

Q. Did you register as many as 1?—A. Yes. 

Q. Did you register as many as 10?—A. Yes. 

Q. D d you register as many as 20?—A. Yes ; I expect so. 

Q. Did you register as many as 30?—A. I expect so. 

(). Did you register as many as 50?—A. I don’t know whether I did or not. 

Q. You are not sure about that?—A. I kept no record of how many I 
registered. 

Q. I>id you register as many as 40?—A. I don’t know whether I did, or not. 

Q. So you did register Repuhlicans and Democrats alike?—A. I sure did. 

Q. M'ill you give me the names of some of the Repuhlicans you did register on 
those rounds?—A. No ; I don’t know that I can—I offered to register them and 
they would not register. The hrst time that I started out to register anyone on 
my travels the second place I stopped at was a Republican house—it was W. .T. 
Page’s house. I stopped there aiul asked his wife if she wanted to register. She 
said she did not; that she was not going to have anything to do with it. 

Q. Just answer my question—give me the name of any Republican that you 
did register while you were making this canvass.—A. I, (lidn’t register any that 
I know of. I offered to register three or four and they would not register. 

(}, Were you re(iuested by any Republican to come and register them?—A. 
Yes. 

Q. Will you give that Republican’s name?—A. Y"es. 

(h Who is it?—A. A. M. L. W(4)her. 

Q. Did you register him?—A. No, sir. 

Q. Can you give another name requested you to come register him?—A. Yes. 

Q. Who?—A. W. F. INIillsaps. 

Q. Did you register him?—A. No. sir. 

(F Can you give me another name?—A. No, sir. 

Q. They are the two names?—A. Only ones. 

Q. Can you give me the name of any party that requested you to go register 
anyone else?—A, Yes; W. H. Goodin. 

Q. Did he request you to register some one?—A. He sent for me to come 
register his wife—she was a Democriit. I never went. 

Q. Were you requested to go to the house of Mrs. Reece, an old lady?—A. I 
don’t know anything about the name of Reece in that neighborhood. 

Q. Did I). W. Harmon request you to go register anyone?—A. No; he didn’t. 

Q. Will you give your reasons why you didn’t register M. Ij. Webber. or 
W. F. Millsaps?^—A. I certainly will. They came to me and registered before 
I had an opportunity of going to see them. 

Q. They had, though, requested you to come and register them?—A. About 
two or three weeks before the books closed. 

Q. When did they register?—A. They came—W. F. Millsaps’ people came to 
my store one week—I don’t recall the date. They ’phoned me that morning to 
know if I could come down there. I told them I could not, I had no one 
to stay in my store. I told them if they would come up there I would register 
them, and if'they would come to the polling place next Saturday that I would 
register them. In about an hour they drove up there in a Cfir and I registered 
all in the car. 

Q. Didn’t these parties register on or about the last days that the books were 
open for registration, M. L. Webber and A\h F. Millsaps?—A. Millsaps' people 
came to me sometime during the week—I don t recall what day it was it was 
not a regular day. 

Q. So you don’t know when they did register?—A. The books wdl show 
when it was done—I don’t remember just what date it was. 

Q. You do say you didn’t go and r(^gister them on their request?—A. No; I 
didn’t go. Nuinbers of Democratic people stmt for me that I didn’t go to see 
them either, I can name them if you want me to. 



214 


CAIVIPBELL VS. DOUGHTON. 


Q. On election day ^Yere yon or the jndjtes of election sworn?—A. Yes. 

Q. Who administered the oath?—A. Deputy clerk—he swore me in, 

Q. Who do yon mean?—A. Mr. Jim Sharpe. 

(J. Was he out there?—A. No, sir; he swore me in here. 

(.}. Do yon remember what date lie swore yon in?—A. No, sir; I do not. 

Q. Was it on the morning of the election?—A. No, sir. 

Q. I>id he also swear the judges?—A. No, sir; I swore the judges. 

Q. Did yon swear them on the morning of the election?—A. Yes. 

Q. Do yon feel in yonr mind that the Democrats and Republicans of Sharps- 
bnrg precinct had an equal opportunity of registering?—A. I certainly do, 

Q, How do yon account for the fact that on yonr rounds yon registei'ed as 
many as 30 people, but in that number yon are unable to give tbe single name 
of a Republican?—A. The Republicans all came to me in automobile loads, 
hauled by their own party—it was not necessary for me to go to see them, 
because they came ont. 

Q. Did all the Republicans in yonr precinct register?—A. I don’t know about 
that. 

Q. Yon nre not prepared to say how many Republicans were left off tlie regis¬ 
tration book?—A. No, sir; I am not, 

Q. And yon are not prepared to say that the.v all did come in antomobiles 
and register?—A, The majoi-ity of them did—practically all of them., I don’t 
know that any of them failed in getting registered. 

Q. But there might have been a good many?—A. I don’t know that there were 
any. If there were nny I don’t recall who they were. 

Q. Did yon have any absentee votes there on flint day?—A. I certainly did. 

Q. What did yon do with the certilicates and ballots?—A. I think I have them 
in my pocket, or the majority of them. There might be there is not some. I 
was not very particnhy in taking care of them, but I tbink I have most of 
them. 

Q. Will yon let me have those?—A. Yes (handing them to attorney). 

Q. Is this the iiacknge which yon fixed np immediately after election?— 
A. Yes; I have ke]it it in my store ever since the ejection day, and if there is 
anything that is misplaced it has been done by someone in the store. I kept 
that package in a cigar box from the day of election until yesterday evening, 

Q. Have yon had this package open or showed it to anyone since then?— 
A. Oh. yes; I have showed it to several people. 

Q. Who did yon show it to?—A. L. O. Lambert, W. A, Campbell. J. N. Sum¬ 
mers, r>. AV. Mason, and—I don’t remember; there were several others looked 
at it—I <lon’t remember who all there were. 

Q. Do yon remember showing it to the chaii-man of the board of elections at 
any time, INIr. J. G. liOwis?—A. No; only tins morning be askqd me about my 
absentee votes, and 1 told him I had them along. 

Q. Did yon show them to him?—A. He took and looked at the bnneh. 

Q. H(‘ looked through them, did he?—A. I never iiaid any particular atten¬ 
tion whether he did oi- not. They are jnst as T brought them along. 

(}. Do yon know R. Y. Elliott?—A. I certainly do. 

Q. AA'hy was he absent?—A. Gone somewhere to see his son, that was in a 
hospital at that time—I don‘t recall where it was—it was somewhere in the 
Army camps. 

Q. Do yon know his politics?—A. Yes. 

Q. How did he vote?—A. Democratic. 

Q. Do yon know F. B. Elliott?—A. I don't know for snre, nnle.ss he is one 
■of B. Y.’s sons. I am not ])ersonally acquainted with all those other boys. 

Q. Do yon know whether ho was absent?—A. No, sir; T don’t know whether 
he was or not. There was one boy there—one ticket that was mailed to me 
that the boy was dead. He died the day befoi-e the election, and I never offered 
to pnt it in the ballot liox, and that may be in there—it may be the ticket yon are 
calling. The one the boy was dead was never opened. It stands to-day like it 
was when I received it. 

Q. (Attorney tears open envelope.) Yon saw me open that envelope, did 
yon?—A. Yes; certainly I did. 

Q. And take that certificate ont?—A. Yes. 

Q. AVill yon read that certificate to the stenographer?—A. “ North Carolina 
10-29-20. 


CAMPBELL VS. DOUGHTON. 


215 


“To the repiistrar and .indjjes of the election, Sharpeshnrj; precinct: I hereby 
ca.«t my vote for each nominee of the Democratic Party to be vote<I at the elec¬ 
tion lield November 2nd, 1920. 

“ F. B. Elliott,” 

“AVitness: A. B. Ham.” 

Ihat is the party that \\'as dead—he was living; on the day that that was 
mailed to me. 

(F AA hen did lie dieV—A. T tliink he died on the first of November, or jnst 
a day or two before the election. 

Q. Did he die in tlu‘ precinct?—A. No, sir; he died in a hospital somewhere. 
I iiever knew he was dead until the evening before the elect,on, on the first of 
Novemlier. and T had them in my box of absentee votes, and 1 never liave 
opened it until you ojjened it right now. 

(). Do you know Airs. L. G. Dobson?—A. I certainly do. 

(F AA'hy was she absent?—A. She was sick. 

<1. Do you know her politics?—A. Democratic. 

i}. Slie voted the straight Democratic ticket?—A. I suppose so. 

Q. Do you know Aliss Delia Marshall?—A. Yes. 

(F AVhy was she absent?—A. She had a crippled foot; had a sprained ankle, 
ami lieen in the hospital and under the care of a doctor. 

(F She had a certificate, did she,* that she was unable to attend?—A. I think 
so; is it not in there? 

Q. Is this the certificate? [Handing witness certificate.]—A. I suppose it 
is. Dr. Ed King- 

(}. Please give the date of that certificate.—A. October 29, 1920. 

(F Do yon know her politics?—A A>s. 

(). How did she vote?—A. Democratic. 

0. Mrs. E. L. Hellai’d, why was she absent?—A. She was sick, baby about 
three days old. 

Q. Do you know how she voted?—A. She voted Democratic. 

Q. Miss Rachel iMcLelland, do you know her?—A. Yes. 

Q. AA’hy was she absent?—A. She was teaching school out of the township 
and county too, I suppose. 

Q. Do you know she was out of the precinct on election day?—A. I know it. 
Q. Does .she live in the precinct when she is not teaching school?—A. Yes. 

Q. Do you know her politics?—A. Democratic. 

Q. Do you know H. H. King?—A. Y^es, 

Q. Do you know why he was absent?—A. No, sir; I do not. 

Q. Do you know whei-e he was?—A. No, sir; I do not. 

Q. AA’hen was he in the precinct last, to your knowledge?—A. From the in¬ 
formation I got, he was off going to school somewhere, but I don’t know where 
he was at. His father and his mother are in Sharpesburg. I have known him 
all my life. At the time of the election he was gone somewhere, I could not say 
where. 

Q. Is that his certificate? [Showing witness certificate.!—A. I suppose so. 
Q. AA’ill you read that?—A. 9-27-20. To the registrar and judges of the elec¬ 
tion of Sharj)eshui-g precinct: I, H. H. King, do hereby certify that I am a 
duly qualified elector of Sharpesburg precinct, Iredell (’ounty. North Carolina. 
I inclose herewith ballot, or ballots, for which I wish to vote in the election to 
he held Novemlier 2, 1920. 

H. H. King. 

AA’itness: 

C. S. King. 

C. S. King is the father. 

Q. Read the date erased on that, please.—A, The certificate showed .lime 5, 
1920. 

Q. Do you know his politics?—A. AA’ell, his father is Democrat. I really 
don’t know what he voted—don’t remember. 

Q, Mrs. .1, I, Lackey, do you know her?—A. I don’t know that I can recall 
just now who that party is, 

Q. You don’t know whether there is such a party lives in your precinct or 
not?—A. There are some Lackey’s live there, hut as to .1. I. Lackey I would not 
be positive, 

Q. Do you know Julia Hill?—A. Y^es. 

Q. Do you know why she was ah.sent’:'—A. No, sir; I don’t. 



216 


CAMPBELL VS. DOUGHTON. 


Q. Do you know whether she was in the precinct on election day.' A. No, 
sir. She was gone somewhere, she was not in tlie precinct. 

Q. Do yon know how long she had been gone.' A. No, sir; I do not. 

Q. A. i\ Marsliall, do yon know him?—A. Yes. 

Q. Why was he absent?—A. He is a man that guards in the penitentiary, on 

the camps. ^ ^ 

Q. A\’here is that camp at?—A. It is first transferred from one point to an¬ 
other—I don’t know where it was at at that time, from one State to^ another 

Q. Do yon know how long he has been out of the precinct.' A. No, sir ; I 

don’t. , _ 

Q. Yon can’t swear that he had been in the precinct four months preceding 
the election?—A. No, sir. He hadn’t been there liecamse he has been with this 
job for quite a while, but he has held his home and pays his taxes in Iredell 
and holds this as his home and voting place for several years. 

Q. Do yon know his politics?—A. Democratic. 

Q- Do yon know Mrs. Caroline Meadows?—A. Yes. 

(}. Why was she absent?—A. Not able to come, old and very feeble. 

(}. What was her politics?—A. Democratic. 

(2. Do you know Mrs. iM. L. Bowles?—A. Yes. 

(}. Why was she absent?—A. She liad tuberculosis and was unable to come. 

Q. Do you know her politics?—A. Democratic. 

Q. Do yon know Mrs. C. Z. McLelland?—A. I do. 

(). Do yon know her politics?—A. Democratic. 

Q. Do yon know .1. N. McLellan l?—A. Yes. 

Q. Why was he absent?—A. He has been an invalid for aliont 11 years and 
unable to get out of the house for about two or three years. 

Q. What was his politics?—A. Democratic. 

Q. Do yon know F. M. Teague?—A. Yes. 

Q. Why was he absent?—A. A real old man, old age, very feeble and could 
hardly get about. 

Q. Do yon know his politics?—A. Yes. 

Q. How did he vote?—A. Democratic. 

Q. Did yon have any other absentee votes except those that yon have here?— 
A. Not that I know of. If there is a one got misplaced I don’t know it. 

Q. Do yon know S. .1. Millsaps?—A. I am not sure that I do just from S. J. 
Millsjtps. 

Q. It is Mrs. S. J. Millsaps; do you know her?—A. I don’t know unless it is 
Lee Millsaps’s wife. I am not positive as to that. 

Q. Do yon know why she was absent?—A. I could not say. If it was Lee 
iVIillsaps’s wife, she was sick and had been in the bed under the care of a 
doctor for several months, but I would not be sure she was the one. 

Q. Do yon know L. E. linfty?—A. No, sir; I am not sure that I do. 

Q. You don’t know why he was absent, do yon? Mrs. L. E. Rnfty, do yon 
know her?—A. I am not sure I do; I know a good many of those Rnftys but 
cyn not be positive as to that one. 

Q. Do you know what her politics are?—A. I am not sure. 

Q. Do yon know Mrs, C. E. Stout?—A. Yes. 

Q. Do yon know her politics?—A. Yes. 

Q. How did she vote?—A Democratic. 

Q. Do yon know why she was absent?—A. She had pnenmon’a. 

Q. Do yon know Mrs. B. L. .lohnson?—A. Y’^es. 

Q. Do yon know why she was absent?—A. No, sir; I do not. 

Q. Do yon know her politics?—A. I am not sure; I think it is Democratic— 
would not be i)Ositive. 

(}. Do you know Miss Bessie Brewer?—A. Yes. 

Q Do yon know why she was absent?—A. No, sir; I do not. 

(}, Do yon know her politics?—A. Yes; it is Republican. 

Q. Do yon know Ha Baid^er?—A. Yes. 

Q. Do yon know why she was absent?—A. No, sir; I do not. 

(.^ Do yon know her politics?—A. Yes; Republican. 

So out of all the absentee votes cast in your precinct there were two 
Republicans?—A. That is right. 

(^). By my count I make this 20; do yon remember whether there were 20 
or more absentees?—A. I was not thinking there was but 18, but probably 
there was 20. 

Q. Cnn yon account for the reason why there is such a great difference in 
the amount of absentee votes cast?—A. I think so. 


CAMPBELL VS. DOUGHTON. 


217 


Q. Tn what way do you account for that?—A. Every Repuhlican that I lieard 
•say auythiui? about an ahsentee vote said he was afraid to risk it; that he 
wanted to come on and place his ballot at the ballot box. 

(}. Did you have any ahsentee certificates with you as registrar?—A. Yes; 
I offered them to several different Ilepublicans—to some that I knew were unable 
to —and they refused them. Some took them, hut didn’t use them ; hrouf?ht 
their parties on to election on the day of election. 

Cross-examination by INIr. Lewis; 

(C You have been registrar for the last four or five years at Sharpshurc;?—A. 
T had been re.a:istrar for three or four times. Pevious to this time iv. B. 
iMcLelland was re.aistrar. 

Q. You understand the registration laws?—A. Yes; pretty well. 

Q. As you understood them did you try to carry them out?—A. Yes. 

Q. Did you give the Republicans as eciual opportunity under the law as the 
Democrats?—A. The same thing. 

Q. They S))oke of IMr. iM. F. Webber ask’ng you to come to his house and you 
didn’t go; who was to register at his house?—A. His wife. 

Q. The reason you didn’t go, I believe you stated, was that she came to the 
l)olls and registered before you had time?—A. I would not he iios’tive just 
as to when she registered. Right at the time he wanted me to come it was 
absolutely impossible for me to make the trip. 

Q. If she hadn’t come to your house you would have gone there?—A. Yes. 

Q. You S])oke of Mr. iMillsaps’s people; if the.v hadn’t come to your store and 
registered, wouldn’t you have gone to their house and registered them?—A. Yes; 
and before they called me up I stopped a man up on the road one dalv and 
asked him if tliese i)eople wanted to register, and he told me they didn't want 
to register. 

Q. IMr. W. I>. Goodin stated that he asked you to come register his wife; 
what was her politics?—A. She was a Democrat. 

Q. Did you go down and register her?—A. No, sir; she lived there on ^Ir. 
Wel)ber's place. I could not go to see either lairty—she came and registered. 

Q. 'I’hey showed you a certificate from Mr. H. H. King, where June 5 was 
erased and November 2, 1920, was put on there; do you know why that was 
done?—A. No, sir; I do not. I suppose it being a certificate from the primary 
election. 

Q. You mean one that was left over in the chairman of the election hoard’s 
hands and the date was changed?—A. It was changed that way when it came 
into my hands. 

(C When you got it the date November 2, 1920, was on the certificate?—A. 
Yes. 

Q. All the ahsentee voters and other voters who voted in your precinct, they 
Avere regisfei’ed, were they?—A. Yes. 

(>. All of them made Shari)sl)urg their hoiue and legal residence?—A. Yes. 

Q. Air. A. F. Alarshall. here spoken of. lie goes around at different places, 
to «me camp and another?—A. Yes; wherever he is ordered to go to. 

Q. You say he pays his tax in Iredell County and keeps this as his regular 
home?—A. Yes. 

Q. All these ahsentee voters where the people were in your precinct, they 
^yere either accompanied by the doctor’s certificate or affidavit by reputable 
citizens?—A. Yes. 

Q. They were jiassed on and voted by the election officers and no kick 
made?—A. No kick made. 

O. Did you hear any comiilaint made in your precinct about not getting to 
vote because they had no opportunity to register?—A. No, sir. 

O Isn’t it a fact that nearly all the Repuhlicnns in your precinct, registered 
ami votetl? -A. The closest that I have ever known—they had registered up 
the closest I have over known them to do. 

Q. You had an exceedingly large Repuhlican vote in your township?—A. Yes, 
more so than usual at an election. 

Q. Isn’t it a fact that the Republicans voted much closer; that is, more that 
■v\'ere registered voted than the Democrats? A. Aes. 

(). This envelope here ^f AL-. F. H. T-’iiiott it was not opened and voted?— 
A. It was not opened until right here a few minutes ago. 

Q You knew the man had died as soon as it was sent to you?—A. I received 
it through the mail and I didn’t know until the evening before or morning of 
the election that he was dead. 


218 


CAMPBELL VS. DOUGHTON. 


Q. Yon presented to the election ollicial all the absentee votes that were 
mailed to yon, or that yon received by hand?—A. Yes. 

liedirect examination by Mr. Dulin : 

Q. Do yon remember hein;i' recpiested by Mr. Harmon to jto and re^;^st(n’ INIis. 
Speas and her two daughters?—A. I do. 

Did yon register them?—A. I did: I>. W. Cass hronght them to me before 
I had an opportunity to go see them—hronght them in his automobile. 

Q. I ask yon if yon were in the same neighborhood registering Democrats, and 
passed these people?—A. No, sir; I did not. 

(). Di<l yon see a Negro picture there on the day of election?—A. No, sir; I 
did not. 

Q. Y^on didn’t see the picture of Mr. Harding surrounded with a group of 
Negroes?—A. I heard it was there, and I was in at the polling i)lace and never 
went ont to look at it. I didn’t know it was there—I heard some of them talk¬ 
ing about it, bnt I didn’t even see it. 

Recross-examination: 

Q. There were no challenges made of any of these absentee votes on the day 
of election?—A. No, sir. 

» 

Ylr. D. \V. HAKIMON, being called by contestant, testified as follows; 

Direct examination : 

Q. Where do yon live?—A. I live in Sharpeshnrg Township, Iredell County. 

Q. Are yon a voter in Sharpeshnrg Township?—A. Y"es. 

Q. Do yon remember at any time having requested the registrar to go to regis¬ 
ter Republicans in yonr precinct?—A. Yes; made that request. 

(J. \\'ill yon deta 1 or give the names of those yon re(piested him to go 
ister?—A. I mentioned one family, the Spease family; the old lady, ]Mrs. Spease, 
and her two daughters, living near my home. 

Q. Do yon remember whether or not he said he would go register them?—A. 
He said he was going to make a trip in that section and wonld try and see them. 

(2. Do yon know how they got registered ?—A. ^Ir. Cass told me rluit late on 
the 23d day of October, on last registration day, late in the evening, he took 
the three in his car to Mr. McLelland’s place of business, and he registered 
them. 

Q. That was the last day of the registration period, was it not?—A. l^'es; late 
in the evening. 

Q. Did yon see a picture there in which I'resident-elect Harding was sur¬ 
rounded l)y a groiq) of Negr(*es?—Y. T saw it Just o)i the onts.de of the <loor 
of the voting booth, I was one of the poll holders sitting in at the box and I 
could see it outside of the door—someone holding it np. I saw it was making 
a kind of comniotion. 'i h.ere were i^everal. 1 remember one man held np his 
hands and said, “ Take it down, take it down,” and by that time whoever had 
it backed ont so I conld not see it—I don’t know whether he took it down—I 
didn’t see it go down. Those that were ont there told me he took it down when 
he was ordered to. 

Q. What do yon mean by commotion—did it cause a tight or near tight?—A. 
No; I didn’t see anything that looked like tight, hnt all eyes were that way, 
looking right at it. That is what called my attention to it. I saw the picture— 
it seemed like everything turned that way, in place of going forward to vote— 
they had been voting mighty fast along then, jnst as fast as we conld take them, 
bnt it just stopped all of a sndden, and I happened to notice this man, I think 
his name was Ihige, mighty good man, Christian man and public man, and 
waved to take it down. I heard him speak twice, ” Take it down, take it down.”^ 

Q. Do yon know who had the picture?—A. No ; I conld not he sure who had it. 
I saw the man ; I conld not get his face, only the side of it, 

Q. Do yon know wlio had the picture?—A. No; I conld not lie sure who had it. 
the Harding family tree?—A. 1 don't think I did—heard it talked about, hnt 1 
don’t think I saw that paper. 

Cross-examination by Mr. Lewis: 

Q. Mrs. Speas and her two daughters, yon say, reiristered and voted at the 
general election?—A. They did late in the evening at the last day. 

Q. Isn’t it a fact that nearly all the Republicans in Sh.nrpshnrg Township 
registered and voted, practically all?—A. There was a larger per cent than 
nsnal did. 


CAMPBELL VS. DOUGHTON. 


219 


practically all, every Republican in the township register and 
vote? A. No; there was (piite a number. 1 remember four right in my imme¬ 
diate community that didn’t. 

Q. That didn’t vote?—A. No; didn't register. 

Q. Anything to hinder them fnuii registering?—A. Two of them told me that it 
wouldn’t be worth while because they hadn’t paid their poll tax. 

(N They didn’t want to register?—A. They said they wanted to vote, but could 
not because they iiadn’t i)aid their ])oli rax. Then, another man right there, 
working and boarding at my house. Mi’. Poole, was registered all rights but said 
he hadn’t paid his iioll tax—he said he could not vote. 

C>. There was nothing that hindered them from voting, only something they 
had done?—A. No; they generally understood that they could not vote because 
they hadn’t ])aid their poll tax—they hadn’t heard there was any agreement. 

Q. You knew the agreement vras made?—A. No, sir; I didn’t know it until 
Friday before the election. 

•Q. You did know, then, that the agreement had been made?—A. Yes. 

You say ^Ir. Poole lived at .your house?—A. No; he was boarding there. 

Q. You knew it P^riday before Tuesday-—you had plenty of time to tell him?— 
A. Yes; I did. 

Q. The other two that you knew lived right in your immediate neighborhood, 
did they not?—A. Yes. 

(}. You could have notified them froiA Friday to Tuesday?—A. They were not 
registered then; the books were done closed. 

Q. ]Mr. I*oole was registered?—A. Yes. 

Q. You didn’t notify him?—A. Yes; I notified him, tried to get him. 

Q. Then, the jioll-tax question didn’t keep him from voting? I thought you 
swore the reason he didn’t vote was because he hadn’t paid his poll tax?—A. 
I did. 

Q. Now, you say you notified him that the agreement was made before the 
election, so when you swore that you were mistaken, were you’?—A. No; he just 
thought that v.a.v because he had been told that way. 

C>. I ask you if up until this year, in fact, all the time if IMr. Poole hasn’t 
voted Democratic ticket?—A. No; I thiidv not. 

Q. What are his initials?—A. Cleve Poole—I don’t remember the initials. 

Q. Where did he live up until this year, on whose place?—A. I think he lived 
on Roy Hendren’s farm. 

Q. Isn’t it a fact that he is known and recognized by all men in Sharpsburg 
Township as a Democrat and always voted the Democratic ticket?—A. I don’t 
know that. 

Q. Did you ever know him to vote the Republican ticket?—A. I think he voted 
the Republican ticket while he was in P’rance—he was a soldier, but he sent an 
absentee vote in—I have been told he was Republican. 

Q. You don’t know whether he voted Republican ticket, or not?—A. No, sir; 
I don’t know what he voted. 

Q. If you had l)een certain that he was going to go and vote the Republican 
ticket, I* ask you if you would not have given him the information about the 
poll-tax agreement aiul taken him there and voted him.—A. No, sir. 

Q. Pie lived on your place and was a Democrat and you asked him to vote the 
Republican ticket?—A. N<», sir. 

(}. He boarded therewith you at the election?—A. Boarded there about three 
^veeks. He was boarding there at the election, and I asked him to go. He 
said he could not because he hadn’t paid the poll tax. That was generally 
understood. They had been taught it, and they believed it—that they could 
not vote without paying the poll tax. 

Q. You asked him to go vote Republican ticket?—A. No; I asked him to go 
vote; I presumed the Republican ticket. 

Q. The reason he didn’t vote was because he was a Democrat and didn’t 
want to go and vote against you; isn’t that the reason?—A. No, sir; he is no 
Democrat. 

Q. Isn’t it a fact that every person in ShaiTsburgh Township that wanted to 
was allowed to cast his ballot as he pleased, and that the judges and registrar 
(lid all in their power to help the people vote fairly and squarely as they 
wanted to? I ask you whether the election, officials of Sharpsburg Township 
didn’t treat the people with absolute fairness and squareness and allow them 
to vote a fair ballot, just as they pleased, all of them?—A. So far as I know, 
they did. 

Q. And you were one of the judges?—A, Yes. 




220 


CAMPBELL VS. DOUGHTON. 


Q. Do you know of a single Republican in that precinct that was hindered 
by the action of the election oliicials from voting?—A. None that were regis¬ 
tered. I heard of some being refused to register. 

Q. Refused to register?—xV. Yes; I heard. 

That was not the fault of the registrar?—A. I heard that the registrar 
refused to register one young man because he could not read. 

Q. Who was that young man?—A. He was a Bowles. 

Q. What were his initials?—A. I could not give you the initials; I know the 
man, but can’t call his name. 

(1 Who told you that?—A. I have been told so frequently. 

Who by?—A. I think my neighbor right there told me, one. 

Q. Who is your neighbor?—A. J. W. Jordan. 

Q. Where does young Bowles live?—A. His father lives right there in 
Shar])sburg. 

Q. Who is his father?—A. Reuben Bowles—R. C. Bowles. 

(}. Where does the young man live that was refused registi’ation as you say?— 
A. The last I knew of him he made his home at his father’s, but he has been 
working at a sawmill for some time; at that time was working at a sawmill 
somewhere. 

Q. Where?—A. On Hugh Cowles’s farm. 

Q. xVre you sure that Mr. Bowles wa^ refused to be registered on the ground 
that he could not read?—A. I didn’t see him. 

Q. You didn’t hear him say it?—A. No; didn’t hear him say it. 

Q. Y^ou never talked to Mr. Bowles about it?—A. No. 

Q. Y^ou never talked to his father?—A. No, sir. 

(}. Lived right at him?—A. About 4 miles from my home. 

(}. You have seen Mr. Bowles since the election and since you heard this?— 
A. No; I haven’t seen Mr. Bowles since the election. 

Redirect examination by Mr. Dulin : 

Q. Taking all the facts into consideration in regard to the registration, do 
you feel that the Republicans of your precinct had a full opportunity to reg¬ 
ister with the Democrats?—x\. No; I think they didn’t. 

Recross-examination: 

Q. You say you had a fair election up there, you think; you swore that awhile 
ago. Didn’t you swear that the registration was fair for both parties?—A. No. 

Q. I asked you that question awhile ago?—A. You asked me if we had a fair 
election, not a fair registration. 

Q. I ask you whothei- there was a single Republican failed to be registered be¬ 
cause of any violation of the law, because of the Democratic registrar; and if so, 
who was it?—A. None that I know of personally. I mentioned the one I heard of. 

Q. Did the Mr. Bowles you named awhile ago vote in your precinct?—A. His 
father did. 

Q. Did he?—A. R. C. Bowles, his father, voted. 

Q. The young boy?—A. No; he didn’t vote. 

The young man you spoke of there is Mr. E. L. Bowles, is it not, 23 years 
old?—A. I don't know his initials; that is Ernest Bowles. He registered and 
voted. 

Z. A. Bowles, who is he, 35 years of age?—A. I don't know him. He lives 
in the extreme western i)ortion of the township. I don’t know him. 

Q. Were you ever imhcted?—xV. Yes; I have been indicted. 

AVhat for?—A. I don’t know whethei’ I can mention the charge. It was in 
regard to a lost check, check that had been lost. I don’t remember the charge 
that was i>i-esented now—it 1ms been 38 years ago, I reckon. 

Q. It was something about some checks from the (xovernment; you got them 
both and cashed them; you ran off and forfeited your bond?—A. I went West; 
yes. 

(’ouNSEL roil CONTESTANT. I>oes the court rule that we can introduce in evi¬ 
dence or ask the witness an impeaching question that will tend to destroy his 
ev'dence? Can we on cross-examhiation imiieach a witness? 

C>. So you were indicted about foi’ging checks and ran away?—A. I don’t 
think the charge was forgery—I can’t remember. 

(i. Was it larceny of the checks?—A. No. 

Q. It was a criminal offense?—xV. It was a trouble about it. 

Q. You entered a bond and forfeited it and went West?—A. Y'es. 


CAMPBELL YS. DOUGHTON. 


221 


Ke-rt'direct exaininatioii: 

Q. How lonj? i\go has that been?—A. That was 1890. 

How long- have you been back in this coiuitry?—A, I have been hack 25 or 
30 years. 

Q. After you returned was any action ever taken on this?—A. No action. 

Mr. D. N. iMcLELLAND, being recalled by contestee, testified as follows: 

Cross-examination: 

Q. Mr. Hannon swore there was a Bowles boy Mdioin you didn’t register. I 
wish you would make a statement about that—all about it.—A. That was 
E. L. Bowles, the son of A. R. Bowles. 

Q. A. K. Bowles; not Reuben Bowles?—A. No, sir; Doll Bowles. At that 
time he had been working at the Statesville Furniture Co. for several months. 
He came and asked me to register him and I to’d h'm if he registered up there 
he would likely be challenged, for a young man’s home was where he ate and 
slept, and I told him the i)roper jdace for hiin was to register in Statesville 
and vote. At a later date he came back to me and he said, “ I want to regis¬ 
ter because I hold that up here where my father’s home -is is my home,” and 
he voted on November 2. 

Q. How did he vote?—A. Republican. 

(^. Did you refuse to register him?—A. He said Mr. Reuben Bowles. Mr. 
Reuben Bowles hasn’t any son in that community. They are all grown up— 
some dead—and left the country. 

Q. None of Reuben Bowles’s sons came to you to register?—A. No, sir; he 
liasn’t got a son in Sharpesl)urg capable of voting. 

Redirect examinafon: 

Q. The man in controversy here is son of Reuben Bowles, is he not?—A. No, 
sir; Reuben Bowles hasn’t got but one or two sons capable of voting. One is 
W. L. Bowles. He has been living down about the county line, working for 
a nian by name of R. M. Conner; later moved to Virginia and hasn’t been in 
this election. The other one is with him, working with the same man and 
same place. Both boys are married and haven’t lived in Sharpesburg for over 
two years. 

Q. What is the name of this last one?—A. I am not real sure what that 
young Bowles boy’s name is; he has not lived in Sharpsburg for a good while. 

Q. The son of Reul)en Bowles is boy I have reference to—I am asking you 
to give his name.—A. I don’t know it, neither of those boys have lived in 
Sharpsburg or Iredell County for the past two years. 

Q. At the same time did you know that W. G. McLelland was living here 
in town and had l)een here living in Statesville precinct No. 1, opposite W. D. 
Turner, for several months prior to the election?—A. I don’t know as to that. 
He was just a fellow, E. L. Bowles; their fathers both lived in Sharpesburg 
and he had been working down here. I would see him at home about as much 
as I would down here—I could not say where he was staying at the most 
of the time. 

Q. Do you also know that H. H. King had been out of the township for six 
months or more?—A. No, sir; I don’t know it. 

Recross-examination. 

Q. Mr. H. H. King is son of Charles S. King?—A. Yes. 

(}. Refresh your memory and say if he is not in Raleigh at school?—A. Yes. 

Q. He lives in your township and is a student in school?—A. Yes. 

Mr. J. W. JORDAN, being called by contestant, testified as follows; 

Direct examination: 

Q. Where do you live?—A. Sharpsburg. 

Q. Are you a voter in Sbarpsburg?—A. I have l)een voting there for about 
five years. 

Q. M’ere .vou there on election day, Noveml)ei‘ 2, 1920?—A, Yes. 

(}! Did you see a ])icture of President-elect Harding surrounded by a group 
of Negroes?—A. Yes. 

(j. State for the record all you know about it?—A. The first I knew of it, I 
was attending to the tickets—giving out the Republican tickets, fixing them 
out, and I heard a little commotion, or a little like it was fun, laughing. I just 




222 


CAMPBELL VS. DOUGHTON. 


turned iny head, and a man had just undone it there close to where they were 
voting. I saw what it was and he passed it to a lady and she took it into a 
crowd of llepuhlican women that had just come in, hadn’t voted, and she 
showed it to them, and this man, Samuel Page, was standing by me. He asked 
me what that meant, and 1 told him that was what I had been hmkiiig for, 
and he just walked into the crowd wliere it was and commenced talking, talked 
l)uhllc and told them to take it out, and told these l{e])ul)lican ladies if they 
had come to vote the llepul)lican ticket to come on and he would see that they 
had the right to vote, and they went up and voted and the picture went out 
of the house. 

Q. Did the display of the picture intimidate anyone?—A. I don’t know that 
it kept anyone from voting, but it nught have had some elfect I know some 
of them was mighty mad about it. 

Q. Did you see on that occasion, or any other time prior to the election, a 
paper purpoiding to give the family tree of President-elect Harding? A. I saw 
it right after tiie election, next issue that come out after the election, hut not 
before the election, 

Q. Did you hear a conversation take i)lace between the registrar and his son 
with reference to the vote of iNIrs. C. Z. McLelland?—A. I did. 

Q. State what that was.—A. I heard Mr. McLelland’s son come to him about 
dinner time and ask his father if he didn’t want him to go after his mother, 
and he didn’t make him any answer—didn’t tell him to go or not to go. 

Q. Did she vote an absentee ticket at that elect'on?—A, She did. 

Q. Do you know how she voted?—A. She voted Democratic. 

Did you see her the day or the day before election?—A. I saw her the 
day before, on iMonday I passed there. 

Q. Was she u]) and about, attending to her usual household duties?—A, Yes, 

(}. Do you know how many sons Keuben Bowles has?—A. He has three by 
his second wife and two by his lirst wife, live in all. 

Q. Are they all of voting age?—A. I don’t know whether the youngest one 
is or not, the one he has at home. 

Q. Do you knovz that at least four of them are of more than 21 years of 
age?—A, Yes. 

Q. Do you know A. L. Wdson?—A. Yes. 

Q. Do you know his politics?—A. Yes. 

Q. How did he vote?—A. Democratic. 

(.). At what time of day (Pd he vote?—A. It was between sundown and dark— 
it was getting right smartly dusk. 

Q. Had the boxes been opened and the count begun at that time?—A. The 
congressional box was, was something near half done counting the congres¬ 
sional box. 

C}, And he was permitted to vote?—A. Yes. 

Cross-examination by Mr. Lewis : 

Q. You spoke of INIrs. C. Z. INIcLelland, do you know Dr. Ed King?—A. Yes. 

Q. One of the best men in the county?—A, I can't say that. 

Q. Read that [handing witness certificate]. I will read this into the record: 
“To the registrar and judges of Slmrpsburg precinct: This is to certify that 
Mrs. C. Z. McLelland is i)hysically unable to come to the election November 2, 
1920. Ed S. King, INI. D.’’ Dr. King is a reputable physician and man of good 
character in this country?—A. I said “yes.’’ 

Q. How many sons has Mr. R. (1 Bowles, you say. of voting age?—A. He has 
only got two of the second family that is old enough. The two oldest has been 
gone, and one killed on the railroad, and one lives in Statesville, of his first. 

Q. Does INlr. R. C. Bowles have a son of voting age in Sharpsburg?—A. INIy 
oldest son was working at the sawmill cutting logs, and this young man Bowles 
was helping them and they got into a conversation on Friday before the last 
registering day. INIy son asked him if he was registering. He said he was not, 
and he sahl, “ It won't l)e worth while for me to go, I can’t read and write. 
Because they know I am a Republican they won’t register me,” and my son said, 
“ You go and register because they are not enforcing that; and he sure to go.” 
On Monday morning when they went back to woi-k—both working together, and 
he asked him if he wmit to register and he said he did. and he said, “ Did you 
register? ” and he said, “ No; he would not register me.” And my son asked liim 
why, and he said, “ Because I could not read and write.” And my son asked 
him what he said to him. and he said, “ I just told him to go to hell, with a big 
damn to it,” and he turned around and walked off. That is the statement. I 
never heard this until day before yesterday. 


(’AMPBELL YS. DOUGHTON. 


223 


th?r 'list, lien he"tol'!’i'’ “ f«''> 

I n . ^ ^ would not roi? ster him, he said “ Yon o-,> fn 

T 4 damn to it, and turned around and walked oft 

^ g. He said lie told the re^dstrar that?—A. Yes ; that is the wav he told it to nw 

son and my son told me about it day hefoi-e yesterday. ' ^ 

>>a.ne.a'',nr;iml,I,n;t“onr“'“‘^' 

Q. How many sons has Kenhen Bowles of votim; a^e*^—A I can’t lovo tho 
names because not ri.udft with them enouj^h. TheJe tiown-un I ani not nei 

tS red haTi*'“ I tl^eni, by 

Q. How many sons has he of voting- age?—A. Three living of voting age 

(mithei at the time of the registration and the time of the election at tlie Hindi 

is In iLwlln" ““ "'"’‘'■‘'’‘'’"'■S il'- If la. is still tvorking witl, tiuitl.e,- ?,e 

Q. Is he a married man?—A. I don’t know wliether he is married or .single 

Q. Yon n.'e pnsitivn nf tlnit?—A. I tliink I w,„il(l lie safe in it because niv 
son and him worked together for three weeks. ^ 

..fH't,? ’p'' •?’" "■'"■I’’*-'- “"I “ '“'‘II*-,- (It fact tliat Mr. liaxter, a s,in-in-law 

of*''"■"•■'"‘'I'' f'’‘’,K'l «aitlier, and that Mr. Bowles’s boy was 
not, isn t that the man yon are talking'about?—A. No, sir. 

n talking about?—A. No; it was Reuben Bowles’s 

bo> that IS the first t me I heard the Baxter name. 

Q. Where did you see Reuben Bowles’s boy the last time?—A Haven’t seen 
him in two years that I know of. c seen 

g. Isn t it a fact that he has not been at home there for two vears’^_V He 

has bt'en there since that—I can’t tell you where he has been making liis home.' 

vj. What you are .swearing to is iiurely hearsav evidence, isn’t it*’'_A Of 

course it is. ' ^ 

g. \Miich is considered the most unreliable evidence in the world?_A. No 

SI 1 • ^ 

g. Hearsay evidence?—A. The man that told me is a man of truth. 

^ Yes ' **^* lieuben Bowles’s son was in Sharpesburg 

g. You haven’t seen him in Sharpesburg?—A. I don’t know how long 
seen since I saw him—I can’t recollect. 

(h Now, Mr. Jorilan, if it is a lact that you haven’t seen him in two vears 

doesn’t live in Sharpsburg Township; that is 
■ li^ about It he was in the township at that time—I don’t know 

whether he is in the township now or not. 
g. Is he a mariied man?—A. I don’t know. 

Q. You don’t know a thing about the man?—A Onlv what I 
right. 

g. You don’t know whether he is a (pialified voter?—A. Only 
Q. I ask you to refresh your memory that Mr. Bowles’s sou 
isn’t nained Rally Bowles?—A. I believe that is his name. 

g. Isn’t he a boy only 19 years of age?—A. If he is onlv 19 
voted a boy or two at that age. 

Q. V.iii are (111 tbe witness stand sweariiiK; I want tn know wlio tliose liovs 
<iie that Aoted under age. A. Garland iMcHargue is one of them 

Q. Wliat is Ills initiaisv—A. Garland JicHarsue is all I can 'itive ron He 
lives in tlie towii.sliin and I never saw lilni in my life until the day of election 
g. He is registered and voted?—A. Yes. cron. 

is'^—A. Xineteen. He lacked a little of beinir 
19 at the election, uciuj, 

g. ^\’hose son is he?—A. Widow McHargue’s son. 

(}. ^\'hat is her name?—A. I don’t recall what her given name is 

g. Was it .All’s. AI. J. AIcHargue?—A. Yes, I think so 

orVnit'-'^ «n,-tTe,;"?::ri*""' 

g. You swore that they refused to register Air. Bowles, son of Air Reuben 
Bowles; don t you know as a fact that that .voung man there is only 19 years 


Town- 
it has 


heard, that is 

what he said, 
you spoke of 

.years old they 


224 


CAMPBELL VS. DOUGHTON. 


old, and didn't yon know it when yon were there swearing awliile ago? A. 
N(». I don't know what Ids age is, never asked, 

Q. Do yon know he is 21?—A. 1 don’t. I don’t know whether that is the one 
or not. 

(}, Will yon swear that Mr. Garland Mellargne is not 21 years old?—A. His- 
uncle told me he was not. 

Q. Do yon swear he was not?—A. I can only swear what his uncle told me. 

C^. W’hat is his uncle’s name?—A, AV’illiam McHargne. 

Q. Is he living there in your precinct?—A. Yes, 

Q, Voted there?—A. Yes; but he is a Democrat. 

Q. AVhat is his initials?—A. J. W. McHargne. 

Q. AA’hen did he have this conversation with yon?—A, He told me so a day 
or two after the election, 

Q. Why did he tell yon so?—A. We were jnst talking about how the election 
went olf. He was sorter laughing about it, said, “ I know they voted one that 
was not 21,” said knew it by his oldest hoy. That his oldest boy was jnst little 
older than him. 

Q. I ask yon if this young man, Garland McHargne, didn’t come with his 
mother and voted?—A. I don’t know. The tirst 1 saw of him he was tight and 
cutting np out there. 

Q. Came to the election ground with his mother?—A. He was not with her 
when I saw him. 

Q. Did yon challenge him?— A. No. 

Q. Why?—A. Didn’t know his age. 

Q. Yon don’t know now?—A. Jnst knew what his uncle told. 

Q. Did yon come here to swear what won’t be fair to the yonng man? AVhy 
didn’t yon get the schoolbook? Why in justice to him and his mother didn’t 
yon ask his mother how old he was?—A. I had no idea I would be here in this 
trial. 

Q. When were yon summoned?—A. Night before last. 

Q. Y^on conld have gone and seen his mother?—A. I don’t know that, 

Q. Yon are able to be here?—A. By a man fetching me in a machine, 

Q. Do yon have any horse and bnggy of yonr own?—A. Yes; but I ain’t able 
to drive that far in it. 

Q. How far does JMcHargne live from yon?—A. About 5 miles. 

Q. I ask yon whether if it is not a fact that it is only a mile ont of yonr 
v,'ay coming to Statesville, about a mile off the road?—A. Oh, good gracious 
alive! 

Q. Why didn’t yon ask the man who brought yon to Statesville this 
morning to take yon by?—A. Why we conld not have got through there with a 
car—^they live in a rough neighborhood. 

Q. Have they a telephone?—A. I don’t know—I never was by there but once 
in my life. 

Q. Yon are coming down here swearing abont something yon don’t know any¬ 
thing about when the truth conld have been so easily arrived at. Yon know 
nothing abont this except by hearsay—yon coidd have gone and asked her or 
had .some one to ask her?—A. I didn’t know I would have to ever come here and 
tell anything abont it. If I knew I wonld have had to come I would have 
sti-aigbtened np the matter. 

Q. AVhen yon got on the witness stand yon knew yon were going to volnnteer 
it?—A. It happened to come to my mind when yon si)oke of this Bowles boy. 

Q. Yon didn’t want to give the correct information—yon wanted to come 
down here and tell what somebody told yon, like yon did about this Kepnhlican 
Bowles boy’;'—A. I have an idea the registrar knew how old he was when he 
registered him—he was better ac(piainted with him than 1 was. 

Q. Yon say the registrar knows?—A. Yes, I have an idea. 

Q. He registei’ed him?—A. Yes. 

Redirect examination: 

Q. All yon know abont the age of Garland McHargne is what his uncle told 
yon. isn’t it?—A. Yes. 

(}. And the I'eason why yon didn’t challenge him was because he told yon 
abont his age after the election?—A. Yes, 

Q. As a matter of fact if yon had gone to see his mother and she had told 
yon how old he was yon wonld still not know of yonr own knowledge whether 
he was of that age, or not?—A. Not a bit. 

Q. Yon were not there when he was boi-n, were yon?—A. No, sir. 


CAMPBELL VS. DOUGHTON. 


225 


Q. All you could find out about the matter would be wbat somebody would 
tell you?—A. That is right. 

Q. You spoke of two voting there under age; will you tell what you know 
about the other one?—A. Hoy Tilley voted, and I don't know a thing about his 
age only, like the other, just hearsay. I don’t know, either, when he was horn, 
and never saw the record, and he was just 19 years old about a week before the 
election ; is what his folks told. 

Q. Who told you that?—A. My daughter-in-law told me that she heard his 
sister say so. Just about a week before the election he had a birthday and he 
wanted to get married that day, and he w’anted them to fix them a w^edding 
dinner and birthday dinner all the same day—I think it was Thursday before 
the election. 

Q. Did he vote?—A. I heard his name called. I was eating my supper about 
5 o’clock and heard his name called, and I come around to challenge him when 
I heard his name called, and when I got there he w’as voting in the amendment 
box, and I didn’t say anything, because I knew it was not worth while to say 
anything then. 

Q. All you know' about his age is what his owm people told you?—A. What 
his sister told my daughter-in-law hnd she told me. 


Kecross-examination by Mr. Lewus ; 

Q. The Harding picture you spoke of; do you know of a single voter up 
there—iKepublican voter—that had changed and voted the Democratic ticket be¬ 
cause of this picture?—A. I could not say for certain, but 1 feel that it was 
the cause of some not voting, but I never heard anybody say; I just feel that. 

Q. I ask you whether you didn’t poll tiie heaviest Republican vote by a man 
of any election you have ever held up there for a long time?—A. Not by the men ; 
by the w'omen. 

Q. Isn’t it a fact that more Republican men voted in this election than in 
either of the last tw'o elections?—A. I am pretty certain they didn’t; it was the 
women that helped the Republicans in our precinct this time. 

Q, Name me a Repul)lican man there that didn’t vote for the Republican 
ticket, or Republican woman, because of this picture.—A. I can’t do it, because 
I ain’t had any chance to talk to them. 

Q. You haven’t even any hearsay on that?—A, I have heard talking, but you 
won’t take wdiat a body has heard, so wdiat is the use of telling it? 

Q. Did you hear anybody say they didn’t vote the Republican ticket because 
of this picture?—A. I haven't heard anyone say so personally. 

Q. Now', you spoke of Roy Tilley there; he voted late in the evening after the 
absentee votes were cast?—A. Yes. 

Q. You are positive of that, are you?—A. He w'as putting tickets in when I 
got around there. 

Q. I want you to look at this poll book; I w'ant you to look at the registration 
book; 1 ask you if his name appears on either one of them?—A. I can't see it— 
I ain’t got ip'y reading specs w'ith me, and I can’t see. 

Q. 1 will start right here after the absentee vote—you say he voted after the 
absentee vote?—A. Yes. 

Q. MiSS Delia ^larsliall is the first one; H. H. King was an absentee; Mrs. 
S A. Hill, W. R. Stout, Ray Woodw^ard. I w'ill read the Tilleys wdio are on the 
registration book ; Tilley, M. D., Tilley, iVIrs. L. Those are the only Tilleys 
on the reg:stration l)ook.—A. I don't have much idea it w'as on. 

Q. So he was not registered and not on the poll books, so isn’t it a fact that 
he (iidn't vote up thereA. He was putting tickets in. 

Q. Yh)u swear that now’ positively?—A. Yes; I do. 


Re-redirect examination: 

Q. Do you know' his politics?—A. l"es. 
Q. What is his politics?—A. Democrat. 


Re-recross-examination: 

Q. How' do voii know' his politics? He has never voted.—A. He talks it and 
argues it and ‘insults Republicans sometimes in a crow'd. 

Q Mr. Guy here w’as Democratic judge'/—A. Yes. 

D. And Mr. ^^IcLelland w'as registrar and there all day?—A. He w’as in there 

most of the time, but out some time. a t 

Q. Was he there when this young man you say was putting in tickets, A. 1 
can’t tell you that. 


15 


57095—21 



226 


CAMPBELL VS. DOUGHTON. 


Q. Who was the Republican judge there?—A. Mr. Harmon. 

Q. Man that‘was on the stand awhile ago?—A. Yes. He was right at his 
post all the time, because we have to watch. 

Q. Do you swear positive in the presence of Mr. Guy that that man Roy Tilley 
voted?—A. Yes; he did. Me and Mr. Guy are close neighbors. We are good 
friends. He is a Democrat and we don’t fall out on politics. 

Re-redirect examination: 

Q. State what you know about the manner of the registration of the people 
in your precinct. Tell whether or not the registrar registered Democrats and 
skipped Republicans as he went on his various rounds throughout the precinct?— 
A. I think he did without any doubt. He canvassed the township. I bounced 
him about it, and he acknowledged he stopped and asked one Republican, that 
was my daughter, to register, and he acknowledged he asked one. Me and him 
talked on this. I told him he was not fair, going from house to house and 
skii)ping Republicans. He said he stopped at one Republican, which was my 
daughter. 

D. Did he tell you of any Republicans he had been to see?—A. He hadn’t 
been to any Repul)lican’s house then when we were talking. I have heard from 
different parties that he registered where there would be a Democratic neighbor¬ 
hood, and he would go to every house and register them, and one Republican 
in the neighborhood would not go there. 

(The contestee, R. L. Doughton, objects to all evidence of hearsay, as this 
case is to be tried upon facts and not upon hearsay evidence.) 

Q. Did he deny at the time you had your conversation with him what jmu 
charged him with?—A. No, sir. 

(}. You told him he was not fair to register the Democrats and skip the 
Republicans, and he didn’t deny it?—A. I'es. 

Q. Do you know wh.o the party was that showed the Negro picture up there 
at that precinct?—A. It was old Mrs. Hicks. Her son fetched the picture in and 
gave it to his mother and she exhibited it to the voters. 

Q. Do you know her i)olitics?—A. Democrat. 

Re-recross-examination by Mr. Lewis : 

Q. Do you know of any Republican up there that failed to get registered 
from any fault of the registrar?—A. I ain’t heard nary one say individually. 

Q. All the Republicans registered, didn’t they?—A. No, sir; I know one 
woman that was not stout. He registered everyone in the neighborhood, but 
he didn’t call on her. 

Q. He didn’t call at her house?—A. No, sir; he didn’t. 

(}. That is all yon know about it?—A. That is all I know about it. 

Q. Y^ou don’t know of one single vote that was changed up there because of 
that picture?—A. No, sir. 

Q. There was not one changed?—A. We were used to such as that, and not 
any Republicans that are posted pay much attention to such as that—the Re- 
pui)licans that were not posted might stand back on it; I was used to it. 

Q. Didn’t affect anybody one way or another?—A. It made some of them 
mad. 

Q. When you swore it had a tendency to hurt, you were mistaken?—A., I 
don’t know that I swore that. 

Q. Didn’t you swear that?—A. I don’t think I did. I will be willing to 
swear that I believe that was the intention of it. 

Q. You don’t think that it would change one vote, do you?—A. I could not 
say that it would not where anyone was not up' on reading after political 
matters. It didn’t have any effect on me, except to make me mad. 

Q. Who was that lady that you spoke of that didn’t get to register on account 
of being sick and didn’t get to go?—A. Miss Bettie Lambert. 

Q. What is her husband’s name?—A. Alvis Lambert. 

Q. Y"ou don’t know anything about it, except that she was not registered— 
you don’t know anything about why or anything about it?—A. Not myself; I 
heard them talk. 

Mr. D. N. McLELLAND, being recalled by contestee, testified as follows; 

Gross-examination : 

Q. Mrs. C. Z. IMcLelland is your wife?—A. Yes. 

(}. What was her condition of the 2d of November, 1920?—A. She had a spell 
of grip. 


CAMPBELL VS/ DOUGHTON. 


227 


Q. Was she able to come out to the polls?—A. No, sir. 

Q, Yon have heard the witness Jordan swearing about Mrs, Lambeth; did 
you have any information about her?—A. Yes. I was down in that neiglibor- 
liood. I went to S. R. Wilson’s, whose wife was a Republican, and asked her 
if she know whether Mrs. Lambeth wanted to register or not. She said, “No; 
she is not going to have anything to do with it, so she told me a few days ago.” 
I went on to Arch Wilson’s, who was a Democrat. I asked his wife if Mrs. 
Rambert wanted to register, that I didn’t have time to make the trij) down in 
there unless I knew slie wanted to register. She said, “No; I heard her say 
a few days ago that she M*as not going to register or have anything to do with 
it, that she was raised a r)einocrat, and her’ husband was Republican, and 
she didn’t aim to have anything to do with it.” 

Q. Were you ever requested to go to register her?—A. Never was. 

Q. Did Mr. Roy Tilley vote in Sharpesburg precinct on the day of election?— 
A. No, sir. 

Q. Were you at the boxes all the time after the absentee votes were cast 
until the polls closed?—A. I left about 10 minutes one time, but I was there 
while Roy was there, and some of them called his name and said “ Roy Tilley 
wants to vote.” I was present riglit when they called it out, but Roy never 
voted. He walked up there, being a boy full of himself, and said, “ I am going 
to vote.” 

Q. Did he ever vote?—A. No. sir. 

Q. D.d you register a INIcHargue boy?—A. Y^es, 

(). Did you swear him?—A. Yes. 

Q. He swore he was 21 years of age?—A. Y>s. 

Q. And registered?—A. Y>s. 

Q. Was it at the home of his mother or did he come to the polls to register?— 
A. I saw him over there one day in the road—didn’t register him either at the 
polls or at his mother’s. 

Q, When he came to vote did he come with his mother?—A, Him and his 
mother were both there. I could not say they came together, but I suppose 
they did. 

Q. Did you ever hear the fact disputed that he was not 21 years of age?— 
A. Yes ; W. A. Campbell is the first man ever asked me anything about it. About, 
I sui)pose, a month or six weeks ago W. A. Campbell asked me about it. 

Q. Did you know the boy’s age?—A. No, sir; I did not. 

Q. What is your opinion as to his age?—A. From the looks of the boy he 
looked like he might be about 21, 

Q. He told you he was?—A. Y'es. 

Q. Y^ou registered him?—A. Y"es. 

Q. That is all you know about it, then?—A. That is all I know. 


Mr. D. AV. HARMON, recalled by contestant, testified as follows: 


Redirect examination: 

Q. AVhat official position did you occupy in your precinct on election day?— 
A. I was Republican judge. 

Q. AV'ere you there at the time this alleged Roy Tilley voted?—A. I was. 

Q. Did he vote?—A. I say he did. I called his name loud. I called every 
voter’s name as they voted. 

Q. He came up with his tickets and pnt them in the box?—A. He did. 


Recross-examination: 


Q. AVho kept the poll book there that day?—A. D. N. McLelland. 

Q. How many people voted in that precinct that day?—A. The poll 

showed 404 that day. , ^ o < mi 

Q. Didn't the Republicans there keep a poll book that day?—A. They 

Q. Where is that poll book?—A. I don’t know. 

Q Who kept that poll book?—A. W. A. Campbell. 

Q. Is Ylr. Campbell here?—A. He was a while ago. 


book 

did. 


Ylr. T. E. ERAHN, being 


called by contestant, testified as follows; 


Direct examination by 
Q. AA'ere you the registrar 
November 2, 1020?—A. Y>.s. 

Q, AA'ere you at the poll in 
be thei-e?—A. I was there pj 


Mr, Dulin : 

• for Davidson Township at the election held on 

g i)lqce the four days required Iry law for you to 
irt of the time and Ylr. Thompson was there part 


228 


CAMPBELL VS. DOUGHTON. 


of the time. I resijjned the second week and ?:ot them to appoint iStr. Thompson 
to serve the time out. The two weeks I had so much to do I could not get 
any hel]), and Mr. Thompson was not busy. 

Q. When yon resigned do you know whether iMr. Thompson was appointed 
to take your place or not?—A. Yes; I sent for Mr. Hartness to come down 
thei'e and he came down there .on a Saturday evening and he told me he would 
go back to Statesville and appoint INIr. Thompson IMonday morning as soon 
as he could get tlie hoard together, and he phoned to him to see if he was 
api)ointed, and he said he was appointed—that was what ISIr. Thompson told 
me over the phone. 

Q. How many voters registered during the time you were registrar?—A. 
First Saturday not any and next Saturday 10 or 11, was not many. 

Q. AVere you at the polling place on election day?—A. Yes. 

Q. Did you hold any official position on that day?—A. I held the boxes. 

Q. You acted as registrar on that day, didn’t you?—A. Y^es; they reappointed 
me. ■ 

Q. AVere you sworn on the morning of the election?—A. Yes. 

Q. AA'ere the .iudges sworn?—A. Yes; Squire A’oiles of Mooresville swore me. 

Q. AA’ho swore the judges?—A. Squire Abodes swore Mr. Thompson and don’t 
recall whether I swore INIr. Mayhew or whether he was sworn by magistrate. I 
think they went and called to magistrate over the phone—I just don’t recall 
about that. 

Q. AA’ere you at this polling place when the absentee votes were cast that 
day?—A. Y'es. I had them all myself. They were all sent to me. I had been 
the registrar there since 1908. 

Q. AA’hat did you do with these ballots?—A. I put the ballots in the box, the 
votes. 

Q. AAdiat did you do with the certificates?—A. I brought them to Statesville. 

Q. AA’hat did you do with them when you got here?—A. I turned them over to 
some of the officials. 

Q. AATioin did you turn them over to?—A. To the Lewis brothers. 

Q. Do you know where they are now?—A. No; I don’t know. I don’t try to 
keep up with no records up here. There was no names written on them on the 
back. 

Q. Do you know how many people voted the absentee ticket?—A. There was 
10, I think. 

Q. Do you know their names?—A. I don’t know all of them. I know part of 
them. 

Q. Give me those names that you do know.—A. Ethel Ervin. 

Q. Do you know why she was absent?—A. Yes. 

Q. AVhy?—A. She was teaching school in the eastern part of the State. 

Q. How long had she been out of the county?—A. She had been out of the 
county ever since school opened up. I don’t know what time it opened; about 
some time in September. 

Q. Do you know her politics?—A. I do. 

Q. How did she vote?—A. She voted Ilepublican ticket. 

Q. Give me another name.—^A. James Alills. 

Q. How did he vote?—A. He didn’t vote. He just wrote me to put in a 
ticket. 

Q. Did yon put in a ticket?—A. No, sir; I didn’t, but asked IMr. Atwell that 
]\Ir. IMills wanted me to put him in a set of tickets, and I asked Mr. Atwell to 
go get him a set of Republican tickets, and he went and got a full set. 

Q. Did you vote them?—A. They did. I had him to take and hand them to the 
judges. I didn’t. 

Q. AA’ho was the next absentee voter?—A. I don’t just recall their names, but 
those two that I itersonally know. There was some more down in below there. 
Of course, I could get up the most of the names. INIr. Thompson has it, and he 
is the one that helped with the election. 

Q. Do you know now where the certificates are for Davidson Township, the 
certificates that you returned here to the Lewis brothers?—A. I just now told 
you I didn’t know where they were. 

Q. Have you seen them and had a talk about the matter?—A. No, sir. 

Q. AA’ill you see them now and see if you can procure these certificates?—A. 
Well, I am not hunting that part of it. 

Q. I will give you time while we wait. 


CAMPBELL VS. DOUGPITON. 


229 


Cross-examination by Mr. Lewis : 

Q. Yon turned those certificates over to me?—A. To you or your brother, one. 

Q. There was no name written on the back of the ticket or margin of the 
ballot?—A. No; not a one of them. 

Mr. Lewis ,(attorney and chairman of the board of elections for Iredell 
County). I did not preserve them. I didn’t think they were worth anything 
and do not know where they are. 

Redirect examination: 

Q. Did you see on election day a picture of President-elect Harding sur¬ 
rounded by Negro pictures?—A. No, sir; wasn’t anything like that there. If it 
was, it was on the outside. 

Q. Did you see it at any time before the election?—A. No, sir; I never saw it 
before the election, 

Q. Did you see it after the election?—A. I don’t know that I did. I heard 
some one talking about something like that being in the papers, or seeing it 
somewhere. 

Q. You would have known it if you had seen it?—A. Sure. 

Q. Did you see it?—A. I didn't see it. 

Q. Did .you see a circular purporting to be the family tree of Gov. Harding?— 
A. No, sir; I didn’t. 

Recross-examination bj" ^Ir. Tuuner: 

Q. You say you are the i-egistrar?—A. Yes. 

Q. You had filled that office for other elections?—A. Yes; been registrar in 
Davidson since 190S. 

Q. Did you register all people that called?—A. Yes; always. 

Q. Any of them fail to register by reason of any fault of yours?—A. No, sir. 

Q. Did any Rei)ublican fail to vote because of any neglect of yours or the 
judges of election?—A. No, sir. 

Q. Mr. Thompson was the registrar?—A. He was after two weeks. 

Q. He died?—A. Yes; but didn’t die until after the election. He was one 
of the regularly appointed judges. 

Q. Tell us how that was.—A. He held the books for two weeks and resigned. 

Q. What post did he hold for two weeks?—A. He held the registrar. 

Q. But you were appointed in his place?—A. And held the election. 

Q. Did you know these absentee voters?—A. I knew most of them. 

Q. Were they all registered?—A. Yes. 

Q. AVere they bona fide residents of the precinct?—A. Yes. 

Q. I haven’t got it straight yet about that—you were first appointed regis¬ 
trar?—A. Yes; and held the primary. 

Q. Then you re.signed?—A. I resigned after I had held the books for two 
weeks for the general election. 

Q. Then Thompson was appointed?—A. Yes. 

Q. Thompson got sick?—A. No, sir. After he had held the books for two 
week.s, then he resigned, and I was appointed to hold the election. 

Mr. P. D. ATAVELL, l)eing called by contestant, testified as follows: 

Direct examination by Air. Dulin : 

(}. AA'here do you live?—A. I live in Davidson Townsbip. South Iredell. 

i}. Are you a*voter in that precinct?—A. Davidson precinct. 

Q. Do .vou know Durant Hager?—A. Yes. 

Q. Is he a voter in Davidson Township?—A. AAhis last election. 

(}. Do you know his politics?—A. Yes. 

Q. How"^ does he vote?—A. Republican. 

Q. Have you had a conversation with him since the election?—A. Yes; I had 
a conversation with him last Saturday. 

Q. AVhat was that conversation? 

(Objection by contestee as hearsay, as he is living and can testify himselt.)^ 

A AA'ell he told me—I got after him about not voting and he told me the rea¬ 
son that he didn’t vote was that they presented a cartoon to him of Air. Hard¬ 
ing with some Negroes, and threatened to throw that in his face on the day of 
election if he should happen to come up there and vote, and he told me that 
was the reason that he and wife neither one came to the election. 

Cross-examination by Air. Turner: 

Q. AA’hat is his name that told you that?—A. Durant Hager. 


230 


CAMPBELL VS. DOUGHTON. 


Q. Why didn’t yon brinp: ]\Ir. Hager np liere?—A. I didn’t know anything 
about it until just now. I didn’t know of them going to have that part of it np 
until just then—I was not summoned np here. 

Q. Yon are not a witness?—A. I’nt me on jnst now. 

Q. Were yon not snl)p(pnaed, or brought here without subpoena? A. I was 
subpoenaed since I got here. 

(}. AVhy didn’t yon bring INIr. Hager here?—A. I don’t know why they haven’t 
brought him. 

Q. Wouldn’t his evidence be first and best evidence?—A. I gness it would. 

Q. What did he say?r— A. Well, he said that the reason he didn’t vote was on 
account of that cai'toon, that picture of INIr. Harding, 

Q. Was the picture at the polls?—A. I didn’t see it. 

(i. Well, was he registered?—A. Yes; I gness he is; lie always has been 
registered there; lived there all of his life. 

(,). M'ho showed him the picture?—A. I don’t know that he told me who it was 
showed him the picture. 

(.}. Was he Democrat or Keimblican, the man that showed him the picture? 

A. I don’t know; he didn’t say that; Democrat, I suppose. 

Q. Tell me who it was that showed the picture to INIr. Hager?—A. I don’t 
know that he can tell yon that. 

(J. Yon don't know who that was?—A. I don’t know who that was that 
showed it to him. 

Q. Didn’t he tell yon?—A, No; he didn’t tell me who it was that showed it to 
him. 

Q. What was it he threatened about it?—A. He said they threatened they 
were going to show it to him on the day of election. 

Q. Then yon were mistaken awhile ago when yon said they said they were 
going to throw it in his face?—A. And present it to him on the day of election, 
keep him away from election. 

Q. He didn’t want to go there and see it?—A. I gness that is it. 

i}. Whereabouts were they when they showed the picture to him?—A. I don’t 
know that. 

(), Where does he live?—A. He has moved to Cornelins now. 

Q. And yon were criticizing him f<n* not .going to the election?—A. Y^es. I 
asked him ; that was the excuse; that is what he said. 

Q. Did he tell yon what he was going to vote—I')emocratic or Republican?— 
A. I know he would vote the Repnblican ticket if he had went. 

tj. Is he an old or yonn.g man?—A. IMiddle age. 

Q. He is a little scary and timid, isn’t he?—A. He didn’t go to the election, 
anyway. 

Q. Yon didn’t see the picture before yon went?—A. No, sir; they didn’t show 
it on me. 

Q. He didn’t come to the election and has not been here to testify?—A. 
Hasn’t been yet. 

Redirect examination: 

Q, He was in the precinct and had lived in the precinct prior to the election: 
and always voted there?—A. Yes; he has always been a resident of Davidson 
Township since a boy. 

Recro.ss-examination : 

Q, When did yon fir.st tell this conversation yon had?—A. Awhile ago. 

Q. Yon must have volunteered it, didn’t yon?—A. I was asked The question 
and I told it. 

Cl. Did yonr brother, Joe Atwell, register?—A. I don’t kno\t whether he 
did or not. 

Q. Did he vote?—A. He told me he thonght his name was on the book. 

C}. He voted?—A. He thonght he was registered. 

Q. Didn’t yon ask the registrar to pnt his name on the book?—A. No, sir. 

‘Q. Do yon know when he was registered?—A. No, sir. 

(^. Did yon have his name pnt on the book at all?—A. No, sir. 

Re-redirect examination by IMr. Dulin : 

Q. All yon were trying to tell abont this was simply a conversation that 
took place l)etween yon and this voter?—A. Yes; ontside of that in my town- 
shii) I was very well satisfied. 


CAMPBELL VS. DOUGHTON. 


231 


Q. oil think you know ns niiich of the conversation that took place between 
you and liiin as he does liiinself, do you not?—A. Yes. 

Ke-recross examination : 

(i. Outside of that you think the election was fair?—A. So far as I know. 


Mr. HAROLD WOODS, hehifi’ called hy contestant, testilied as follows: 


Direct examination hy IMr. Dulin : 


Q. Where do you live?—A. I live in Statesville, ward No. 3. 

ii. Where were you at on election day?—A. I was at the vidins place in the 
courthouse on the morninfr of the election, November 2, 1920. 

Q. You say you were at the third Muird voting precinct of the morning of 
the election?—A. Yes. 

When you arrived at this place, what did you see, if anything, in regard 
to a picture of Mr. Harding, surroumled with Negro pictures?—A. I came down 
to the polling })lace early in the morning by agreement to help pin together 
Republican tickets, bringing my wife with me. She came down early to vote 
and return home. When we came in that morning there was not any picture 
disiilayed there, as I saw, when we arrived. We got there before the polls 
opened, and just about the time for the polls to open and beg n to vote one 
Mr. ,r. IM. Deaton comes from the clei’k of the court’s office with a picture of 
Warren (L Harding and an array of Negro pictures framed together, and brings 
it and hangs it up over the table where the Republican tickets were placed. I 
immediately took it down myself and insisted that it should not hang up over 
the Republican ballots. IMr. Deaton comes back and insists that it will stay 
there. This brings on somewhat of an argument, other Republicans and 
myself, with IMr. Deaton, the argument getting pretty heateil. Now, my 
wife was standing right jiresent, right by this table where the Republican 
ballots were, and this was put in her face. When he put this up he said: 
“ This is the kind of people you Reiuiblicans are voting for.” And after we 
had had some little, argument, after this picture had been placed u]) there the 
.second time, Mr. Horace Yount conies up and insists that Mr. Deaton take this 
down. After some little argument Mr. Yount, as well as I remember, was 
the man that took it down, and iMi'. Deaton took it back in the clerk of the 
court’s office. That is the last I saw of this picture. Now, I remained at 
the polling place pinning our tickets until about noon on election day, re¬ 
mained at the table most <>f the time, where the tickets were placed and being 
])ut together. Sometime about noon, or afternoon, I left the voting place 
and courthouse here and went out to get a lunch and was back and forth. I 
came back in several different times to the voting place and would go on off 
and go around to other places in the town. Along about 4 o’clock, between 4 
and 5, I came back to the voting place in the third ward and went up to the table 


where the Republican ballots were. One Mr. Garland IMunday came ip) and 
asked me in regard to a jiicture of Harding and the Negro jiictures. I told him I 
didn't know anything about that; I hadn’t seen them. Now, in the meantime, I 
was told that tins picture had been jilaced there by Mr. Munday, had lieen hung 
up back at the same rilace over the Republican ballot.s. I didn’t see this. 
Other parties told me tins. He asked me in regard to that. I told him that 
I didn’t know anything about it, that 1 was not there, didn’t see it. He seemed 
to be intoxicated'and wanted to argue in regard to it. We stood and talked a 
little while, I in a good humor. I tried to get away from him. I didn’t 
want to argue with him. I saw he was under the influence of \vhisky. I 
walked on back through the courthouse building, back toward where the 
lioxes Avere. He kept on after me, wanting to argue about the picture and 
what Mr. Deaton had said that morning about the picture, and I tried to 
get aAvay, to avoid any trouble. He kept taking hold of my coat and kept 
hanging'to me, wanting to argue, for some three or four minutes possibly. He 
kepr wanting to argue and I kefit trying to get away and begged him to go on, 
that I didn’t want to argu(‘ Avith him, and mentioned that he AA’as drinking, 
and that I didn’t Avant to have any trouble at all. He kept hanging to me 
and arguing until I had stood it about as long as I could do. 1 Avas getting 
vexed and I finallv pushed him off of me, took my hands and put them on his 
shoulders and piisiied him off of me, and Avhen I did this they took it up for 
a scrap. He struck me once or tAvice, as Avell as I rememlier. I did Avhat 
I could to keep him off of me. Well, I saAV one :Mr. Clarence Conner. knoAvn 
as Ruck Conner, in Statesville, coming toAvard me and saying “ Let me get 


232 


CAMPBELL VS. DOUGPITON. 


to him.” He was a very large, muscular mau, aucl I immediately got out of 
the way. I went out the fi‘<)ut of the courthouse, they following me, and 
went across into the hank huilding, the Peoi)le’s Loan and Savings Bank. 
They followed me in there and had some little scufllings in there. They 
tinaily got us apart and I went on upstairs in the htvnk huilding to get away 
from the crowd, as I didn’t want to have any further trouble. Later some 
of my friends came to me and insisted that I go home, that there was .a 
good deal of drinking on the grounds mid the crowd was pretty rough, and 
the.v thought that it wouhl he best that I go home, so there would be no 
further trouble in regard to it, and I did go home, that being about 5 or little 
after 5 o’clock. 

Q. Did Ptuck Conner ever hit you?—A. He never hit me to hurt. He got 
hold of me thei'e in the baidv bu Iding. was the first iibice he got hold of me. 
Several other parties in there. Mr. Adams there and Mr. Tom Cashion was 
there, and they were holding to him, trying to keep off of me, but he didn’t 
get to hit me to hurt me in the bank building. 

Q. How near the iiolls in the third ward precinct did this fight start?—A. 
Within 7 or 8 feet of the ballot boxes, in the hallway in the courthouse. 

Q. When Mi\ Buck Connor and Mr. Mnnday bega.n to double team on you 
you thought it was time for you to get away?—A. I thought it was best for me to 
move. 

(}. When they were double-teaming on you did you see the sheriff of the 
county anywhere near?—A. As well as I remember, wh le I was begg ng IVIr. 
INlunday to go on off and stop arguing iNIr. Kufe Alexander’s two sons and M. P. 
Alexander, sheriff, were standing near by, where they could hear me begging 
INIr. Mnnday to go off and not have any argument. 

(>. Did the sheriff make any effort to pacify?—A. Not to my knowledge. 

Q. You spoke of iNIr. Deaton, wasn’t he once sheriff of the county?—A. Yes; 
as well as I rememlier six or eight years. 

Q. AVhat position does Garland iMunday occupy?—A. In the morning he was 
the clerk, I suppose for the Democrats, at the polling place he was taking down 
the names as they voted—that was in the morning. 

Q. State if you know what official position Buck Conner once occupied in the 
city.—A. He was at one time chief of i)olice of Statesville. 

Q. All of these part’es were Democrats? That is general knowledge that they 
are Democrats?—A, They are generally known to be Democrats ; yes, sir. 

Cross-examination by Mr. Tuenek : 

Q. Do you remember where they got that picture?—A. I saw iNIr, Deaton com¬ 
ing out of the clerk of the court’s office with this in his hand. 

Q. You don't mean to say he got it in the clerk of the court’s office?—A. No, 
sir; but I saw him coming out with it in his hand, and he brought it out and 
hung it it up. 

Q. Did you observe Deaton pick it up out of the trash pile at the stei)s?—A. 
No, sir. 

(}. You <lon’t know where he got it?—A. All that T can say is the first I saw 
he was coming out of the door of the clerk of the court’s office; that is the first I 
saw of the picture. 

Q. Where was he when you first saw the i)icture itseM?—A. He had the same 
p’cture i)i his hand and walked on over there and hung it up. 

Q. Did he have it in his hand when he came from the clerk’s office?—A. Yes; 
this same p'cture. 

Q. You don’t know whether he went in there with it?—A. Could not say. 

Q. He merely stuck it over the Republican’s box of tickets?—A. On the table 
where the Re])ublican ballots, were placed—hung it up right over it. 

Q. Sheriff Deaton is sort of humorous kind of man?—A. Yes; you might 
say. 

Q. Democrats on the other side of the hall and Republicans on this side?—A. 
Yes. 

Q. Seven or 8 feet apart?—A. Something like that; p<^ssibly 10 feet apart. 

Q. All of you usually friendly on these election days, and you twit each other 
backward and forwaial?—A. Some of them. 

Q. All in good humor?—A. Not always, 

Q. The sober men, I am talking about.—A. Usually; sometimes there are 
heated arguments. 

Q. Deaton is a dead sober man?—A. So far as I know. 

Q. He does not drink at all?—A. If he does I don’t know it. 


CAMPBELL VS. DOUGHTON. 


233 


Q. He is a hail-fellow-well-met?—A. I should say he was. 

Q. He only twitted you, a little fun, and stuck it up there?—A. Yes; he put 
it up there. 

Q. Then you put it down?—A. Yes. 

Q. He stuck it up aj^ain?—A. Yes. 

Q. Horace Youn^ii; came and pulled it down?—A. Yes. 

Q. He is another one of those sober Democrats?—A. Yes; I think quite a 
hit of Mr. Yount. 

Q. You didn’t see the picture any more after tliat?—A. I didn’t see it any 
more. 

Q. That was early in the mornin. 2 :?—A. Yes. 

Q. Had no effect on the election at all?—A. Could not say that. 

Q. You could not say it did, as matter of knowled^^e?—A. If you will let 
me state what I think about it I will tell you what I think al)out it. 

Q. Mr. YT)unt came up an;! Mr. Deaton was With him, or when Mr. Deaton 
took the picture down wasn’t Mr. Yount with him? When Mr. Deaton took 
that lucture down wasn’t Mr. Y’^ount with him?—A. I think Mr. Yount took 
the picture down the last time. They were both there; it was after some 
heated argument the picture was taken down. 

Q. They took it down themselves?—A. Yes; as well as I remember, ]Mr. 
Y’'ount is the man that took it down the last time. 

Q. Deaton saw him do it?—A. Yes. 

Q. They took it into the oflice?—A. The last I saw of it was going into the 
clerk of the court’s otlice. 

Q. You never saw that picture any more that day?—A. I didn’t, myself. 

Q. That was the very beginning of the election?—A. In the morning. 

Was it at sunrise?—A. It was just about sunrise—about the time the polls 
opened. 

Q. Had they opened the polls?—A. About the time the polls opened. 

Q. Had anybody vottnl at that time?—A. I could not say as to that time. 

C^. It was about the time they opened the boxes for voting?—A. About that 
time. 

Q. You never saw that picture any more?—A. I didn’t, myself. 

Q. Did you hear of it any more?—A. Yes; heard about it later in the day. 
I heard of the picture again being put up. 

Q. When was that ?—A. That was in the afternoon sometime; I could not say 
about what time it was. 

Q. Where was it put uj)?—A. Where the Kepuhlican ballots were put up. 

(}. Did you see it put there?—A. Another man told me it was put up that 
evening. You asked me whether I had heard of this picture being put up 
again. 

You were right there in the courthouse; didn’t you see it?—A. I was not 
in the courthouse when it was put up in the evening. 

Q. You said you went home at 5 o’clock.—A. I came to the polling place 
early in the morning before the polls opened. I remained there all the morning 
until about noon and I was not at the polling jdace regularly in the evening. 
After that I was there otf and on, but not there all the time in the evening. 

Q. When you were there at 12 o'clock and oft and on in the evening, just as 
described, (Ld you see that picture put there?—A. I never saw it any more 
after that morning. Other people told me it was put up that evening, l)ut I 
didn’t see it. 

Q. You were around the polls there?—A. I was, off and on during the day. 

Q. You were pinning the Republican tickets together?—A. I was in the 
morning up until 12 o’clock. 

Q. You were assisting the voters as they went up to the ballot boxes, show¬ 
ing them how to vote?—A. I only pinned up tickets. 

Q. Did you stand around there—other Republicans were doing that?—A. I 
didn’t see them take others up and show them how to vote. I don’t remember 
a single Republican going up to the boxes—that could have been, and I didn’t 
see them. 

C^. You were not at the boxes at all?—A. I was by the boxes during that 

day. , ^ 

Q. Did you se^ anybody going up there with the Republicans and vote 

tpeiii?— 4 . I could not recall anyone’s name that I saw go up there and vote 
tl\at I could say was a Republican. 

Q. Can you name a single Republican that failed to vote on account of that 
picture?—A. No; 1 could not. 



234 


CAMPBELL VS. DOUGHTON. 


Redirect examination by Mr. Dulin : 

Q. You were asked the question if these persons were treatinjr you in a jovial, 
good-natured way there. State what you thought al)out the manner in which 
Buck ('onner treated you and Garland Munday; do you think they were doing 
what they were doing in a way of plea.santry?—A. I do not. 

Q. As a matter of fact, the display of this picture almost caused a general 
riot there?—A. I did in the morning. The argument got pretty heated about 
that being put out just at the time the polls opened. 

Q. There were a number of Kepuhlicans around there that resented that, 
were there not?—A. Yes; there were several. 

Q. You felt like you were within your rights to he there on that occasion 
pinning tickets and handing them out to Republican voters?—A. I did. 

Q. You never heard it questioned at all this day, did you?—A. No, sir; I 
did not . 

Re-recross examination by ]Mr. Turner: 

Q. Were you drinking that d:iy? Did you have a.drink?—A. No, sir; I have 
got my first drop of whisky to taste. 

Q. Whose son are you?—A. Robert Woods’s son, of Giulford County. 

Q. How long have you been living in Statesville?—A. Ten years last Sep¬ 
tember. 

Q. What is your business?—A. Traveling salesman. 

( Heai-ings resumed this the 121st day of February, 1921, in the matter of the- 
(H>ntest of l>r. James I. Cainpbell, contestant, against Robert L. Doughton, con- 
testee, in the eighth congressional district, in the city of Statesville, Iredell 
Comity. Aiipearing for contestant, P. P. Dulin; appearing for contestee, Z. V. 
Long, W. D, Turner, and Lewis & T^ewis.) 

Dr. AV. M. NICHOLSON, being called by contestant, testified as follows: 

Direct examination : 

Q. Where do you live?—A. I live in Statesville, Kelly Street. 

Q. How long have you been living in the city of Statesville?—A. Something 
near 25 years, I judge. 

Q. Where do you vote?—A. I vote in the fourth ward. 

Q. MT^re you in the courthouse on November 2, 1920?—A. Yes. 

Q. Did you see the pictorial representation of Ib*esident-elect Plarding asso¬ 
ciated with negroes, purporting to be candidates for the Republican Party in 
the State of Ohio?—A. Yes; I saw the picture. 

Q. Where did you see it?—A. In the courthouse. 

Q. AA'hat place in the coiirtiiouse?—A. Just to the right as you enter the 
door, where you turn up the steps. 

Q, How near the voting precinct?—A. Hanging right over the table where 
our tickets were and voting ])recinct little farther back. 

Q. About how far?—A. I didn’t go to the voting precinct at all. I just went 
as far as the picture and stopped. 

Q. What did you do when you saw the picture?—A. I asked who put it there. 
No one answered, and I said, “ Somebody has put it up and I am going to take 
it down.” I took it down and put it umler the table. 

Q. What hai)pened then?—A. Garland Munday came around and said he was- 
going to put it up. I told him he was not going to put it up. I said, ” You are 
not.” About tliat time or a little later police came in, IMr. Fulp, and jerked 
the picture out of his hand and took him and the picture both off, 

Q. AVhat else happened at that time; anything?—A. No, sir. 

Q. AA’as there any excitement at that time?—A. Yes; when I told him he 
would not put it up I had a stick in my hand and drew my stick, and he didn’t 
put it up, and IMr. Pulp took him and the picture both ofC. 

Q. Did anybody around there seem to be excited about the matter?—A. Didn’t 
say anything if they were that I heard. 

Q. Did you see the picture at any other time during the day?—A, No, sir; 
didn’t see it but the one time. 

Q. Did you ever see it anywhere else besides here in the courthouse?—A. 
,No, sir. 

Q. The picture was framed, was it not?—A. Yes. 

Q. You don’t know where they took the picture to, do you?—A. No; don’t 
know of my own knowledge. 


CAMPBELL YS. DOUGHTON. 


235 


Cross-examination by INIr. Turner: 

Q. Fiilp is a Democrat and policeman of the town?—A. Yes. 

Q. Miinday had no pistol or anything- of that kind?—A. Not that I know of, 

Q. Drinking, was he?—A. Yes. 

Q. Boy?—A. Young man. 

Mr, VERNON LACKEY, being called by contestant, testified as follows: 

Direct examination. 

Q. Where do you live?—A. Statesville, ward No. 1. 

Q. How long have yon been living there?—A. Twenty-two years {d)out, more 
or less. 

Q. Did you at any time see a pictorial representation of President Harding 
elect associated with Negroes, purported to be running mates of his on the 
Republica.n ticket in the State of Ohio?—A. "i['(‘s. 

Q. (h) ahead and state all you know about it.—A. Just a few days before the 
election of November 2 the mail man delivered to my wife a letter. In that 
letter was inclosed that picture you have reference to, addressed to my wife. 
Up to that time she had told me on several occasions that she was going to vote 
the Republican ticket, straight, for all the candidates, with me, but after get¬ 
ting that picture, seeing the address on it, aihlressed to her, and the picture, what 
it represented, she began to cry and said, “I can’t vote the Republican ticket,” 
and I am confident that that picture, the person or persons that mailed that 
picture to my wife, deprived Mr, Harding and the whole ticket of one vote. 

Q. You don’t know of your own knowledge who mailed the picture, do you?— 
A, I know who she told me she had been told mailed it. 

Q. Do you know C. W. Williams and wife?—A. Yes. 

Q. AVere they living here at the time of the election?—A. No, sir, 

Q. Do you know where they had moved to?—A, They had moved to York. Pa. 

Q- Do j’ou know when they moved away from here?—A. iMr. Williams left 
here some time in June, if I i-emeuiber correctly, and his family followed some¬ 
thing like a month later. I think some time in July. 

Cross-examination by Mr. Turner : 

Q. AVbat is your wife’s maiden name?—A, Lola B. Alexander. 

Q. AVhat is her father's name?—A. A. F. Alexander. 

Q. AATiere did she live?—A. Concord Township, near Loray Station, 

Q. Democratic family, was it?—A. Yes. 

(}. She didn’t vote at all, did she?—A. Not to my knowledge. 

Mr. J. M. CLARK, being called by contestant, testified as follows: 

Direct examination: 

Q. AVhere do you live?—A. On Caldwell Street. 

Q. You are known as Mel Clark?—A. Yes. 

Q. How long have you been living there?—A. I have been living here six years 
last November. 

Q. Did you see the picture referred to in this proceeding, at any time?—• 
A. Yes. 

Q. Where did you first see it?—A. I first saw it at Mr. Mayhew’s, over there 
on Caldwell Street. 

Q. AVho had the picture?—A. It was at his house there on the porch. They 
were working there at his house and had the ificture there. I came along and 
they called my attention to Mr. Harding and his colored people. 

Q. Who showed it to you?—A. I believe it was Mr. Malchor, was working 
there. 

Q. Did you see the picture at any other place?—A. Well, the day of the elec¬ 
tion I was in the clerk’s office down here, and this here man that had it out 
there first come in there and went around behind the desk on the left-hand side as 
you go in at the door, and he got it and went out. 

Q. Did you see it as he got it?—A, Yes. 

Q. Did you make any remark {it that time?—A. No, sir. 

Q. Did you see any other pictures in there?—A. No. sir. 

(}. How old are you?—A. If I live to see April I will be 78. 

Q. You were an old soldier in the Confederate Army, were you not?—A. Yes. 

Q. AVhat is your politics?—A. Always been Democratic until this' last election. 

Q What changed you?—A. Well. I didn’t just like the way things were going 

jin_they were going a little too fast for me. I am getting old, you know. 


286 


CAMPBELL VS. DOUGHTON. 


Cross'-exaiiiination by IVIr, Tuenek : 

Q. They were too proj^ressive for you, were they?—A. No; I like right. 

Q. Who was this man that you saw have the picture?—A, It was at IVIr. JVIay- 
hew’s house—they were working at the porch there. 

Q. Kiglit here in tlie town?—A. Yes. 

Q. Mayhew Kepuhlican or Democrat?—A. Mayhew is Democrat, I think, and 
I think Malchor is Democrat. 

Q. It was Malchor that showed it to you?—A. It was laying there and I was 
talking about voting for Harding and he said, “ Look there.” That was all. 

Q. INIalchor was Republican?—A. No; he said he was going to vote for Jimmy 
Cox. 

Q. You haven’t been voting at all for several years?—A. I voted when they 
got a man to suit me, but I haven’t voted for President in 12 years, since Bryan. 

Mr. H. E. IdTTLE, being called by contestant, testified as follows;. 

Direct examination: 

Q.Where do you live?—A. I live on Davie Avenue. 

Q. How long have you been living here?—A. Just al)out two months. 

Q. AVhere did you come from?—A. I moved to there olf of Front Street up 
here. 

Q. How old are you?—A. I will be 20 years old the 9th of.next December. 

. Q. Did you vote in the last election?—A. Yes. 

Q. Go ahead and explain why you came to vote,—A. The reason why I came 
to vote—I was down town. I was not old enough to vote—I knew I wasn’t. I 
WHS standing here on the corner, up here at the Crowell Clothing Co., and fellow 
Levane, that worked there at the shop where I was at, and I said to the man, 
“ AVho are you going to elect for President?” He said, “Cox,” and he said, 
“ AVho are you going to elect? ” And I said, “ I ain’t going to elect anybody; I 
ain’t old enough.” And he said, “ AVhy not?” I said, “ I just ain’t,” and he said, 
“Go vote anyhow.” And I said, “There ain’t nothing doing.” He says to me, 
“Will you vote if I get a man that will say* it will be all right?” And I said, 
“Sure, if it will be all right.” I didn’t want to get myself in trouble. He 
come down to the courthouse and he went to Mr. Alexander, and he said, “ Mr. 
Alexander, here is a fellow that is not hardly old enough to vote.” and he said, 
“ Will it be all right? ” And Mr. Alexander said, “ Yes; but keep it to yourself; 
don’t be running around telling everybody.” 

Q. M. P. Alexander, sherilf of the county?—A. Yes. 

Q. On what day was this?—A. This was November 2, the day of the election. 

Q. Then what took place?—A. After he said that I thought him being the 
sheriff it will be all right, and he passed me up to Sheriff' Deaton, and said, 
“ Sheriff, pass this man through.” And Sheriff Deaton put my ticket in the 
ballot box. I gave my name at the ballot box. 

Q. Did this man Levane tell you how old he was?—A. No, sir. 

Q. Do you know how old Levane is?—A. No, sir; I do not. I would think he 
must be 23 or 24; maybe 25. 

Cross-examination by IMr. Long : 

Q. Did you register?—A. No, .sir. 

In which ward did you live?—A. At that time I suppose I lived in No. 2. 

Q. Did you live on Davie Avenue?—A. I do now; but at that time lived on 
Front Street. 

Q. Which way is that?—A. Back up this way. , 

Q. Did you tell fhe sheriff you were old enough to vote?—A. No, sir; Levane 
told him I was not old enough to vote and asked him if it would be all right. He 
said. “ The man is not old enough to vote,” and asked him if it would be all right, 
and Mr, Alexander said, “ Keep it to your.self.” 

Q. What did he say?—A. He said that would be all right, “ But keep it to your¬ 
self ; don’t run around and tell everybody about it.” 

Q. You say that :Mr. Levane told Mr. Deaton to put you through?—A. No, sir. 

Q. Who did?—A. Mr. Alexander. 

Q. Mr. Deaton didn’t know how old you were?—A. No, sir; Mr. Deaton didn’t. 

Q. You were just present there to vote?—A. Yes 

Q. How old are you?—A. Well ,be 20 yejirs of age 9th of next December, 

Q. You are a married man of family?—A. Y>s. 

Q. How many children ha'.’e you?—A. One child. 

,Q. How long have you been married?—A. Will be married two years this 
coming May, 


CAMPBELL VS. DOUGHTGN. 


237 


Q. You voted, did you not, in the last spring primary, didn’t you, in tlie 
town?— A. No, sir. 

Q. Whose son are you?—A. I). D. Little’s. 

Q. He lives here—your father?—A, Yes. 

Q. Been living here all his life?—A. He has not been in Statesville but about 
two years; been living in the county here all of his life, down on the Cool 
Springs Road. 

Q. JMr. Little, have you ever been indicted?—A. Yes. 

Q. For what?—A. xV girl had me in trouble. 

Q. 1 ask you if you were not indicted here in the courts for seduction under 
promise of marrying a young woman?—A. Yes; I was. 

Q.‘ You submitted, didn’t you, to that criminal olfense?—A. Yes. 

Q. You!were punished for it, were you not?—xV. Yes. 

Q. Cost you several hundred dollars, didn’t it?—A. Y^es. 

Q. .$500 or $600?—A. $550. 

Redirect examination by Mr. L^ulin : 

Q. Your attorneys advised you to do that, did they not?—A. Yes. 

Q. Notwithstanding that fact you are telling the truth about this matter, 
are you not?—A. I certainly am. 

Mr. J. B. COOI^ER, being called by contestant, testified as follows: 

Direct examination ; 

Q. Where do you live?—xV. Statesville. 

Q. How long have you been living in Statesville?—A. All of my life. 

Q. What ward do you live in now?—A. Third ward. 

Q. How long have you lived in the third ward?—A. All my life. 

Q. State for the record whether you voted in the last election.—A. No, sir. 

Q. Did you authorize anybody to cast an absentee vote for you?—A. No, sir, 

Mr. J. T. CASHON, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. Two iniles from town. 

Q. Do you live in the third ward?—A. Yes. 

Q. Are you a voter in the third ward?—A. Yes. 

Were you in the courthouse on November 2, 1920?—A. Yes. 

Q. M’ere you there practically all day?—A. Yes; pretty much all day. 

• Q. Did you see the Negro picture referred to here in these proceedings?— 
A. Yes. 

Q. When did you first see it?—A. I didn’t see it when it was first put out,_ 
hut saw it after it was put up the second time hanging up there right over the 
ballots. 

Q. Did you see the fight take place over the picture?—A. Yes. 

Q. Between Munday and between Woods?—A. Yes. 

Q. Just go ahead and describe what took place.—A. Well, we were sitting 
there pinning up tickets, and some time after dinner, I think, a Mr. Munday— 
that was after the picture was taken tlown—but I was not in there when the 
picture was taken down—1 had stepped out to take some tickets to some 
ladies that wanted me to fetch tliein some. Along in the evening Mr. Munday 
came up and asked where it was, and 1 told him I didn’t know where it was, 
that the police had arrested it and took it away and kept on insisting, wanted 
to know where it was, and 1 kept telling him I didn’t know anything about 
it, and so he kept on until IMr. Woods he got up and started around him and 
started around toward the polls. Just before he got out of my sight he caught 
hold of Mr. Woods and said something to him. I didn’t understand what it 
was, and it was not but a few minutes then until the racket started. When 
it started several of them was voting. Mr. Woods and Mr. (’onner—and as 
Mr. Conner went out of the door me and .some fellow caught Mr. Conner and 
we turned him loose. He went on off. IMr. Woods went out and went in the 
hank building and got into a scuffle in there, and then Woods got loose and 
got away, and they got the crowd out, and I was standing on the front there. 
The.v came out and wanted to know if 1 wanted to take it up. I told them 
I didn’t want anything to do with it, and they came hack in the courthouse. 
They came in there and wanted to know if I wanted to take it up. I told 
them I didn’t. They then went on Mr. Troutman. He told them he didn’t 


238 


CAMPBELL VS. DOUGHTON. 


want to have anj’thing to do with it and sorter stepped up the stairway to 
keep out of the way, and Mr. Walton was sitting there and wanted to know 
if he wanted to take it up. He told them he didn’t want to have anything 
to do with it at all. Then some one came and took him away; I don’t 
remember who it was took him off. 

Q. Seemed to he canvassing the crowd to ascertain whether there was any¬ 
body in the crowd that resented this procedure?—A. Yes; they wanted to know 
if anybody wanted to take it up. 

(h Was this done in a boisterous manner?—A. Yes; seemed to be pretty 
aroused about it. 

Q. Did they cur.se any?—A. Oh, yes; they cursed pretty sharply. 

Q. I presume they used such curse words as they felt was applicable to the 
situation, did they?—A. Yes. 

(}. How near the voting precinct did all this take place.—A. I’efore they 
got into the scrap it was farther around. I didn’t see when they got together. 
It was further down from where the tickets was, half way from the tickets to 
the polls. 

Q. How long did this picture hang up to your knowledge?—A. It hung up a 
good while the second tme it was put along in the evening. 

Q. Was that in the afternoon that it was put up again?—A. Yes. 

Q- Ho you know who put it up?—A. No, sir. 

Q. Did you see it taken down?—A. No, sir; I had gone across the street to 
take some tickets across the street. The only time I saw it taken down was 
when they hung it out on the front out there. 

Q. Do you know of any oher irregularities in the conduct of this election?—A. 
Not that I remember now. 

Cross-examination by IMr. Long; 

Q. Wliere this took place that you speak of occurring between INIr. Woods 
and Mr. Munday, that was out the front door there, where the tickets were for 
distribution?—A. That is where it started, but when they got into the scrap 
was back toward the polls. 

Q. That is where they started to talk?—A. INIr. Woods started around and 
Mr. IMunday caught him, as he was going around toward the polls. 

Q. You say Munday caught hold of Mr. Woods?—A. As he was going around 
the corner down toward the polls. 

Q, Refresh your memory as to where he caught hold of him—wasii’t it right 
in front of the register of deeds office?—A. It was somewhere along there. 

Q. And the register of deeds office is the lirst door that opens to the side of 
the corridor after you leave the front?—A. Yes. 

Q. Mr. Munday is a Democrat?—A. Yes. 

Q. He is a working Democrat?—A. Yes. 

Q. Young fellow and enthusiastic?—A. Yes. 

Q. Mr. Woods is a young enthusiastic, patriotic Republican, isn’t he?—A. I 
think .so. 

Q. Very argumentative and combative in presenting his cause, smart fellow?— 
A. I didn’t hear him argue. 

Q. Young fellow?—A. Yes. 

Q. Very ardent Republican?—A. Yes. 

Q. And that day he was doing all he could to promote the cause of his 
party?—A. Yes. 

Q. Arguing for his party?—A. Didn’t hear him arguing. 

Q. Why, didn’t you hear IMr. Munday and Mr. Wood arguing about the 
I^eague of Nations right there when they got into that dispute, weren’t they 
arguing over article 10 of the League of Nations?—A. If they did, I didn’t 
hear them. 

Q. Wasn’t their dispute over article 10 of the League of Nations?—A. I didn’t 
hear it. 

Q. You don’t know that they didn’t dispute?—A. I didn’t hear it. 

(}. You heard them saying something—you don’t know what it was? You 
don’t know whether they got up the I.eague of Nations in the controversy?—A. 
If they did. I didn’t hear it. 

Q. Mr. Conner is a kinsman of Munday, is he not?—A. I don’t remember 
about it. 

Q. You don’t know the fact that :Mr. Conner married a sister of Garland 
IMunday?—A. I don’t know how that was. 

Q. Mr. Conner was drinking some that day?—A. Yes; he was drinking. 

(.}. And you know Mr. Conner?—A. Yes. 


CAMPBELL VS. DOUGHTON. 


239 


Q. And when lie is drinking a little he will scrap a Democrat, a crowd, or a 
judge, won’t he?—A. I guess so. 

Q. He did have some words following up the controversy between Wood and 
Mr. Munday, didn’t he?—A. Yes. 

Q. He was tinally taken away from there and that was the end of it?—A. Yes, 

Q. That didn’t keep a single person that you know of from voting?—A. I don’t 
know; it stirred them up pretty smart. 

Q. You don’t know of anybody that was run away from the polls?—A. I 
do not, 

Q. Did you ever attend an election in your life that there was not some little 
flare up about something?—A. No; I never did. 

Q. That was some time in the evening?—A. Between 4 and 5, i 

Uedirect examination : 

Q. You don’t think Mr. Wood had the opportunity to do what he wanted for 
his party if he was chased away from there by two or three big men?—A. That 
is right. 

Q. At the time this took jilace, did you see M. P. Alexander, sheriff of the 
<•011 nty ?—A. Yes. 

Q. Did you see him make any e'ifort to stop the fight?—A. No. 

Q. He seenieil to take the attitude that it was permissible?—A. He said when 
they came back in there-that he was very glad that Woods was gone. 

Mr. C. H. GANT, lieing called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. I live in Statesville, West End. 

Q. How long have you been living here? A. Over two years. 

C}. Did you at any time see a pictoral representation of President-elect Hard¬ 
ing associated with Negroes?—A. Y'es, 

Q. Purporting to be his running mates on the Republican ticket in State of 
Ohio?—A. Yes. 

Q. Where did you see it?—A. I saw it out there at the jitney stand. 

(}. In whose possession did you see it?—A, John Lewis. 

Q. Did he have several of them giving them out?—A. He had several; I don’t 
know just how many he had. 

Q. YTm didn’t count them?—A. No, sir. 

Q. Did he give any to any of them out there?—A. He gave Red Gaither one. 
He had one and put it on the hack of his Ford sedan. He drove over to the sta¬ 
tion. They took it off when he got ovei- there. 

He posted it up where everybody could see it?—A. Yes. 

(2. Could you give me an estimate of about how many of those Mr. Lewis 
had?—A. No; he had several in his hand. 

Q. Do you know that he had more than three or four?—A. He had that many, 
I should say, anyway. . 

Q. He gave one away and he still had one left?—A. l>s; he had one left. 

Cross-examination hy iMr. TjEwis : 

Q. You say Mr. Gaither took it down after he drove to the depot?—A. Y'es; 
he took it down ; I didn’t see it any more after he went over to the station. 

Q. That is all you know about it?—A. Yes. 

Redirect examination: 

Q. Did you see iVIr. I.ewis when he came out of the courthouse with them?— 
A. No, sir; he came out there to the staiuj and stepped out there to the stand 
and was showing them to the crowd, to all of us around there. 

Recross-examination by Mr. Lewis : 

Q. You say I brought this out of the courthouse?—A. You come out from that 

wa.v. ^ 

Q. Y’^ou don’t know where I got them?—A. No, sir. 

Ylr. P. D. CLINE, being called by contestant, testified as follows: 

Direct examination: 

Q. How long have you been living here?—A. All my life. 

Q. Did you see this picture referred to in the proceedings?—A. Yes; I saw 
them. 



240 


CAMPBELL VS. DOUGHTON. 


Q. Who had them?—A. IMr. Lewis had one, and I saw them on the court¬ 
house doors down there and saw tliat one on Gaitlier’s car. 

Q. Did yon see him give Mr. Gaither this picture?—A. No, sir. 

Q. You did see Mr. Gaither have it and saw Mr. Lewis have one in his hand?— 
A. Yes. 

Cross examination by Mr. Lewis : 

Q. Do you know of any votes which this picture changed; that made them 
vote the Democratic ticket that they otherwise would vote the Republican 
ticket?—A. No, sir. 

Q. You say you saw one in my hand?—A. Y^es; all I saw. 

* Redirect examination: 

Q. Do you know or do you have reason to believe what the purpose of this dis¬ 
tribution of tliis picture was for?—A. No, sir; I don’t know what they were for. 

Recross-examination : 

Q. M'here is your father living?—A. Petersburg, Va. 

Q. How long has he lived there?—A. Three or four years. 

Q. He does not return his tax here?—A. Yes. 

Mr. W. L. MITCHELL, being called by contestant, testified as follows: 

Q. Where do you live?—A. I live in North Iredell. 

Q. What township?—A. Union Grove. 

Q. Do you know Mr. R. F. Rash, the mail carrier?—A. Yes. 

Q. Do you know his politics?—A. Y>s. 

Q. What is his politics?—A. He is a Democrat. 

Q. Did you ever see the Harding picture referred to here in these proceed¬ 
ings, a picture of him with Negroes purporting to be candidates with him in the 
Ohio election?—A. Y^es. 

Q. Who showed you that picture?—A. R. F. Rash. 

Q. Do you know whether or not he showed it to anybody else?—A. I didn’t see 
him show it to anybody else. 

Q. Was anybody else present when he showed it to you?—A. Nobody but my 
family. 

Q. What did he say at the time he showed it to you?—A. He said he thought 
that a man that would print anything like that ought to have to pay for it— 
that would imt out anything like that„that they ought to have to pay for it. 

Q. Who said that?—A. Rash. 

Q. Why do you think he said that?—A. I reckon he thought it was a slander 
on the Republican Party—I have an idea he did. 

Q. He felt like it was calculated to prejudice people against the Republican 
Party?—A. I think so. 

• Cross-examination by Ylr. Long : 

Q. Y"ou say IMr. Rash is a Democratic mail cai’rier?—A. Y^es. 

Q. He was repudiating and decrying the paper?—That is, he thought it ought 
not to be circulated, that it was wrong?—A. Y"es. 

Q. It didn’t affect your vote?—A. No, sir; it has not yet. 

Ylr. D. A. MULLIS, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. Union Grove Township. 

Q. Did you receive through the mails the picture just described?—A. Yes. 

Q. Do you know who sent it to yon?—A. No, sir; 1 don’t know who mailed it. 

Q. What is your politics?—A. Reimblican. 

IMr. W. H. KIYIBALL, being called by contestant, testified as follows: 

Direct examination: 

(}. AVhere do you live?—A. I live on the Charlotte Road, right outside the 
incor])oration. 

Q. In the third ward?—A, Yes. 

i}. AVhat official position, if any, did you hold on the election day of 1920?—- 
A. They appointed me judge here of the election. 

Q. When you aridved at the polls here at the courthouse what was taking 
place?—A. They were voting right along—just going right along. 


CAMPBELL VS. DOUGHTON. 


241 


Q, Did you arrive on time?—A. Yes;,just about sunup. 

Q. After you arrived was there an oath administered to either of the judges 
or registrar?—A. No, sir; there was not. 

Q. Did you observe any irregularities during the day tliat you now remem¬ 
ber?—xV. Oh, there was a little at one time. 

Q. Go ahead and state what you observed.—A. INIr. Sharpe had challenged 
some one—I can’t remember names much—and a little later they fetched him 
to vote him. Mr. Deaton said he should vote, and there was a little irregularity 
just at the time. 

Q. INir. Deaton was going to vote him regardless of whether he had been chal¬ 
lenged or not?—A. Yes. 

Q. Did you sign the election return?—A. No, sir; only two of them, and that 
was all. 

Q. Why didn't you sign these election returns?—A. I didn’t think it was 
necessary the way it was carried out. 

(}. You didn’t feel like it had been a fair election, and you didn’t propose to 
sign the election returns?—A. No, sir. 

(}. I believe you did say that you signed a part of the election returns?— 
A. Signed two of them. 

Q. Do you remember what two they were?—A. Don’t just now. 

Q. You don’t remember whether you signed the returns as to the congressional 
part of the election or not, do you?—A. No, sir; I do not. 

Cross-examination by Mr. Long : 

Q. You say you were Republican judge of election there that day?—A. Yes. 

Q. You did sign a part of the returns?—A. I think there was two of them I 
signed. 

Q. AVhich ones did you sign?—A. I don’t know. 

i}. The ones you did sign you signed bt'cause you thought they were all right, 
didn’t you?—A. No; Mr. Moore just got these ready and I signed these and got 
up and went out—he didn’t have the others ready, and I didn’t go in there any 
more. 

Q. When you were there you signed all that were counted?—A. I didn’t think 
he had any others ready. 

Q. You made no question about it?—A. No, sir. 

Q. You could have protested there.—A. I guess so. 

Q. That was your duty?—A. I don’t know; I had never been a judge before. 

Q. AVasn’t that all you were there for—to observe and see and make known 
anything you thought was wrong?—A. Yes. 

Q. That is what you understood to be your duties, wasn’t it?—^^A. Yes. 

Q. You knew when you signed the count—you knew that that count—that 
you thought it was all right, didn’t you?—A. I suppose so. 

Q. I ask you if that is your signature—is that your signature [showing 
witness paper.]?—A. Yes. 

Q. I ask you if that is not the return and the count of the votes on the con¬ 
gressional office of R. L. Doughton and Dr. J. I. Campbell on the third ward?— 
A. I guess it was; I don’t know which ones he had ready. That is my signature 
there. 

Q. Can you look at this and see what it is? Here it says “ R. L. Doughton,” 
you see tliat don’t you? [Referring to paper.]—A. Yes. 

(). “ Received so many votes and Dr. J. I. Campbell so many votes,” can you 
see that?—x\. Yes. 

Q. That is the official report which you signed on the vote of Dr. Campbell 
and Mr. Doughton, candidates for Congress?—A. Yes; that is the paper I 
signed, all right. 

(Attorney reads this paper into the record:) 

Original returns. Registrar and judges of election. A’otes for Representative 

In Congress. 

To the Board of County Canvasif^ers of Iredell Comity: 

AA^e, the undesigned registrar and judges of election of the third ward pre¬ 
cinct,’Statesville Township, Iredell County, N. C., having held' the election in 
the aforesaid precinct according to law, do hereby make and certify to be 
correct the following statement and returns of votes cast for candidates for 
tlie oflice of Rei)i-esentative in the Sixty-seventh Congress of the United States 
for eighth district, at the election held in said precinct on the Tuesday next. 

16 


57695—21 



242 


CAMPBELL VS. DOUGHTON. 


after tlie first INIoiiday in November, it being the second day thereof, in the year 
of onr Lord 1920, to wit: 

R. L. Doiighton received eleven hundred and thirty (1,130) votes. 

Dr. J. I. Cainpl)ell received four hundred and ninetj'-four (494) votes. 

In witness whereof we have hereunto subscribed our names tliis, the 2d, day 
of November, A. D. 1920. 

.T. R. Alexandek. 

Registrar W. C. Moore, 

W. H. Kimball. 

Redirect examination. 

Q. Mr. Kimball, you certified to that as being the correct count?—A. I cer¬ 
tified to that as being my signature. 

(The contestee, R. L. Doughton, through his counsel, objects to the question’ 
of the witness and his answer thereto, for the reason he has testified to his 
signature on the certificate in question to be correct, and that he knew that 
he had signed it.) 

Q. You don’t pretend to claim now, or you don’t know whether the votes cast 
as certified to here were legal or illegal, do you?—A. No, sir; I do not. 

Q. You don’t know whether these voters and each man of them had failed 
to pay their poll tax, or not?—A. No, sir; I don’.t know anything about that. 

Q. You don’t pretend to say whether the great number of absentee voters 
who cast their votes, or their votes had been cast for them, were legal or 
illegal? The only thing you did certify is that that is a correct count, isn’t 
that true?—A. Yes. 

Recross examination. 

Q. You did swear awhile ago and you yet swear, do you not. that you signed 
your name to that certificate?—A. I never noticed what reiiort it was. He 
just pushed it over and said, “ That is ready to sign,” and I don’t know 
whether it was the ballot we counted or not. 

Q. You knew they had counted out the box?—A. Y’'es. 

Q. And you were there as judge of election?—A. l^es. 

Q. And they handed you this paper and you signed it?—A. Yes; he just 
pushed it over. 

Q. I ask you when you returned that paper you knew it was a return of 
election, and so far as you had any knowledge, as judge of the election and 
officer of the election, it was true and correct?—A. I suppose so. 

Re-redirect examination; 

Q. You knew that the count of the box was correct?—A. That is all I knew— 
that the count of the box was correct. 

Re-recross examination. 

Q. You made no reservation of your signature on it—you didn’t protest it or 
challenge any votes?—A. No. 

Re-redirect examination. 

Q. But you did hear Republicans challenge Democrats there that day, and 
they were voted over the challenge, were they not?—A. Oh, yes. 

Q. Did you notice the registrar, as the people i)resented themselves for regis¬ 
tration, of him looking up the people on the book, if they were registered—did 
they look them up on the registration?—A. No, sir; I don't think they did. 

Q. They didn’t pretend to look on the registration book to see whether they 
were entitled to vote at all?—A. No, sir. 

Q. And you don’t pretend to swear that all the votes cast in that ward under 
that system were legal, do you?—A. No, sir. 

Re-recross examination: 

Q. I osk you if there were not some Republicans that were challenged also 
by the Democrats there, but after they were challenged on investigation and all 
that they were voted, too?—A. I think there were some voted. 

(}. To be specific about it, I ask you if there was not a Mr. Horton and his 
family that were challenged, and that there was some question about it, and 
that they were finally voted?—A. I don’t know—they voted them so fast. 

Q. Y’^ou do know that there were some Republicans challenged and upon 
.hearing the challenge that they were voted there?—A. I don’t know that— 
may have been. 

Q. It was the custom at elections to challenge different ones?—A. I never was 
at election before. 


CAMPBELL VS. DOUGHTON. 243 

Miss EULALIA McLELLAND, being called by contestant, testified as fol¬ 
lows : 

Direct examination by Mr. Dulin : 

Q. I gave yon a list of voters in Chambersburg precinct this morning and 
asked yon to look np your records and ascertain those that bad paid their poll 
tax and those that hadn’t; can yon now give me the names of those that you 
find haven’t paid’?—A, In Chambersburg Township 1 find some of them on the 
list that are not on the Chambersl)nrg book at all. 

Q. If yon have any records that show the payment—let me explain to yon— 
these people cast their votes in Cfiiambersbnrg Township. Now, what I want to 
hnow is whether the Chambersl)nrg tax records show that they paid their poll 
tax, or any other records in the comity, so far as that is concerned. 

Cross-examination. 

Q. Yon haven’t looked up any other records beside the Chambersburg Town¬ 
ship?—A. No. 

Q. They could have paid in other parts of the county, couldn’t they?—A. Yes. 

Q. And they could have come from other counties and voted’?—A. Yes. 

Iledirect examination. 

Q. Do yon find C. E. Bariihardt marked paid?—A. No, sir. 

Q. K. (). Beaver?—A. No; not on the book. 

Q. Fred Beaver?—A. Not on the book. 

Q. Clarence Beaver?—A. I find him paid January 17, 1919. 

Q. I ask yon if that would not lie his poll tax for the year 1918?—A. No, sir. 
I get the new books the latter part of November; have two sets of books in one 
year. This is on my 1919 record, not the 1918. 

Q. But isn’t it a matter of fact that January, 1919, was the month to make 
returns’?—A. That was for the 1920 tax, to make the returns for the year 1920. 

Ilecross-examination. 

Q. Do you have the 1919 record there?—A. Yes; this return was made in 
May. I haven’t made the returns but one year in January—for 1920 tax. 
[Referring to record.] 

Q. It is December 17—12-17-19?—A. Yes; it is December 17, 1919. 

Re-redii-ect examination. 

Q. Do yon find J. D. Beaver?—A. No, sir. 

Q. No record of his having paid his poll tax in Chambersburg?—A. No. 

Q. W. P. Bass’?—A. No record of him having paid his tax in Chambersburg. 

Q. C. S. Bass?—A. Find he made a partial payment May 1, 1920. 

Q. Do yon find any record of Hugh A. Barkley having paid his poll tax?—A. 
No. 

(}. Carl Bolling?—A. No. 

Q. J. A. Cook’?—A. No. 

Q. R. iM. Cloer?—A. November 17, 1919. 

Q. L. M. Ellis?—A. No. 

Q. Do yon find any record of R. F. Eagle?—A. No. 

Q. Do‘yon find a record of J. E. Freeland?—A. No. 

(}. Do yon find any record of A. M. Freeland having paid?—A. No. 

(5. Do yon find a record of W. S. Graham having paid?—A. No. 

Q. Do >mn find a record of J. A. Guy having paid?—A. No. 

Q. A. A. Gibson?—A. No. 

Q. (). M. Hair?—A. No. 

Q. A. T. Hager?—A No. 

Q. A. F. Pope?—A. No. 

Q. Has he paid?—A. No. 

Q. W\ C. Howard?—A. No. 

Q. R. J. Hoover?—A. No. 

Q. R. (). Kyles?—A. No. 

Q. E. Lambert?—A. No. 

Q. Ralph Mills?—A. No. 

Q. W. H. Mills?—A. No; I find his tax doesn’t have poll charged. 

Q. J. \V. Mills?—A. No. 

(). Lon Miller?—A. No. 

Q. Is there a IJn Miller?—A. There is a Lin Wood Miller in Chambersburg 
Township; have the name Lnni Miller on my tax book. 



244 


CAMPBELL VS. DOUGHTON. 


Q. Do you find Lin Miller?—A. He has initials, but I don’t know what they 
are. 

Q. Carl iNIurdock?—A. No. I tind Carl Murdock was in the Army and didn’t 
return until after listing? time. 

Q. C. T. McNeely?—A. No. 

Q. J. L. McNeely?—A. No. 

Q. .T. A. Owens?—A. No. 

Q. Sam Rog-ers?—A. No. 

Q. S. A. Shui)ing?—A. No. 

Q. K. C. Shoemaker?—A. No. 

(}. H. B. Thompson?—A. Paid Novemher IS, 1919. 

Q. .1. O. Warnei-?—A. December 20, 1919. 

Q. D. L. Warner?—A. No. 

Q. C. R. Warren?—A. No. 

Q. W. ]M. Warren?—A. Paid iMarch 25, 1920. 

Q. T. F. Wyatt?—A. No. 

Q. You didn’t hrinjr your Chainhershur^ stuhhook up with you?—A. No, sir; 
I didn’t brill!? the stubs, just brougjht this exact record of the stubs. 

Q. Is the record you have there made up from the stubs?—A. Yes. 

(}. Will you please iret that Chainhersburg stub up here? [Witness brings 
Chainbersburg stubbook.] 

Q. All of the list of names that you have given me, except those that you 
gave the dates of the payment, you find no record of their payment?—A. No. 

Q. See if you can find the stub there of Clarence Beaver?—A. December 17, 
1919, stub No. .SO. 

Q. Look and see if you can find C. S. Bass?—A. C. S. Bass IMay 1, 1920; $5 
partial payment. 

Q. Read the exact entry.—A. .5-1. By cash, .$5. 

Q. What is the number of the stub?—A. .39. 

Q. See if you can find the stub of R. M. Cloer?—A. November 17, 1919. 

Q. What is the number of the stub?—A. 61. 

Q. See if you can find the stub of H. B. Thompson?—A. November 18, 1919. 

Q. What is the stub number?—A. ,325. 

Q. I ask there if there is a poll charged on that stub?—A. No, sir. 

Q. .1. Q. Warren?—A. December 20, 1919. 

Q What is the number of the stub?—A. 3.50. 

Q. See if you can find the stub of M. ]\I. Warren.—A. ]March 25, 1920. 

(,|. The stub number?—A. 347. 

Q. T ask you if there is a poll charged on that?—A. No. sir. 

Q. You find .1. A. Guy on your Concord Township record, do vou not?—A^ 
Yes. 

Q. The date stamped on the stub can not be read?—A. Not plainly; no, sir. 

Q. But you can figure out satisfactorily to yourself and swear that this was 
paid on or hefoi'e IMay 1, 1920?—A. Yes. 

Q. Will you look on the cash book and ascertain for yourself what date it 
shows this was paid?—A. I will h.Mve to send downstairs for the cash book. 
Idiis record here shows April 1, 1920. 

Recross exnmination by IMr. T.ewts ; 

Q. You are clerk in the sheriff’s office—you are deputy sheriff?—A. Yes. 

Q. You called several names over. R. O. Beaver, ,T. D. Beaver, and Ford 
Beaver; your records don’t show whether they are paid anywhere else or not?— 
A. I haven’t looked anywhere but Chainbersburg. 

Q. 5"ou don’t know whetber they paid in any other part of the county or in 
another county?—A. No. 

(}. Now, Mr. C. S. Bass, have you your day record up here?—A. I have this 
record here. 

Q. AVhat is that record?—A. I hardly know what you call it, it is the exact 
charge of the tax books. I post it every day from tbe cash book. 

Q. Is it an exact copy of the tax book taken off at tbe end of the day’s 
work?—A. Yes. 

Q. INIr. C. S. Bass, on May 1, by the stub, it shows he paid .$5, look on that 
record of yours and see what date he paid it.—A. INIay 1, 1920. 

Q. What was the amount of the poll tax in Chainbersburg Township?—A. 375. 

Q, Can you tell there?—A. 375 is correct. 

Q, When a person pays a part of his tax, do you credit it on the poll; is that 
the custom?—A. Yes. 


CAMPBELL VS. DOUGHTON. 


245 


Q. So his poll tax was paid? Now, Mr. W. P. Bass and Mr. C. E. Barnliardt 
and Carl Bollin^t, your records show that they never made a return in Chain- 
bershnrg Township?—A. Yes. 

Q. Mr. B. M. Cloer, yonr records show lie paid the 11-17-19 with no poll tax 
charged; do yon know Mr. Robert Cloer?—A. No, sir; I do not. 

Mr. J. A. Cook, yon have no record he paid?—A. No. 

Q. ]Mr. L. ]\I. Ellis, yon have no record as to him?—A. No, sir. 

(}. Mr. R. M. Eagle, he was in the Army, wasn’t he?—A. I don’t know— I 
have no record'of his paying poll. 

(}. IV. S. Graham, yon have no record he made a return?—A. No, sir. 

Q. Now, IMr. \V. C. Howard, yon have no record about that?—A. No, sir. 

Q. And Mr. A. F. Hoke?—A. No, sir. 

Q. Y'on don’t know where Mr. Hoke came from?—A. No, sir. 

Q. Yon have no record of E. Lambert?—A. No. 

Q. Mr. C. T. ^IcNeely and Mr. L. L. McNeely, look about Mr. C. T. McNeely 
nnd Mr. L. I.,. McNeely?—A. I don’t tind C. T. McNeely charged here. I tind 
a C. Ij., the initial may be wrong. 

Q. Ho yon tind a J. L. charged there?—A. No. 

Q. Do yon find a J. R. L. charged there?—A. Yes. 

Q. L. L. McNeely, yon have that?—A. l^es. 

(}. When did L. L. pay?—A. December 20, 1919. 

Q. Mr. E. R. McNeely, when did he pay his taxes?—A. Jannarv 6, 1920. 

Q. Did yon get Mr. J. W. McNeely?—A. Yes. 

Q. When did he pay?—A. December 20, 1919. 

Q. Do yon know W. A. IMcNeely?—A. Yes. 

Q. When did he pay his?—A. April 24, 1920. . 

Q- Ho yon have a Mr. J. R. L. McNeely?—A. Yes. 

Q. When did he pay?—A. December 20, 1919. 

Q. Yon have a Mr. C. L. McNeely?—A. Yes. 

Q. When did he pay?—A. April 24, 1920. 

Q. Yon haven’t got charged there a Mr. C. T. IMcNeely?—A. No, sir. 

Q. Will yon look on yonr stub hook and verify that and see if that is veri¬ 
fied exactly right?—A. I haven’t it on my tax I'ecord—that. I have made an 
error in copying this hook. It is C. T. on the stub and C. L. on the hook. 

Q. When did Mr. C. T. McNeely pay, as shown there by yonr stub?—A. 
April 24, 1920. 

Q. Mr. W. H. Mills, have yon any record as to him?—A. There is no poll 
charged against him. 

Q. When did he pay?—A. He has not paid. 

Q. No poll charged against him? Mr. Ralph Mills, any poll charged against 
him?—A. Yes. 

Q. These people, whose names have been called here, yonr record doesn’t 
show a return in Chamhershnrg, yon haven’t looked in any other part of the 
county?—A. No, sir. 

Q. Y"on don’t know whether they have paid in any other township or not?— 
A. No, sir. 

(]. You don’t know whether they came from other comities and paid in the 
county from which they removed?—A. No, sir. 

Re-redirect examination; , 

Q. You say it was the custom, when a party came in there and made a partial 
payment on 'their tax receipt, that yon gave them credit for having paid their 
poll?—A. Yes. 

Q. That was merely a custom and they made no request?—Most of them 
did make the request. 

Q. Look for C. S. Bass’s stub, that is a partial payment, is it not?—A. Yes. 

Q. Do yon remember whether or not he made this payment—requested you 
to apply’it to his poll tax?—A. Yes; he requested that it he applied to his 
poll tax. 

Ite-recross examination. 

Q. As a matter of fact, when anyone makes a partial payment on taxes, 
whether he requests it or not, yon do, as a matter of fact, apply it on his poll/ - 
A. Yes. 

Q. Invariably?—A. Yes. 

Q. Itepuhlican or Democrat?—A. Yes. 

Q. When a man makes a iiayment on tax, whether he requests it or not, his 
poll is marked up?—A. Yes. 


246 


CAMPBELL YS. DOUGHTON. 


Mr. R. W. MILLS bein^ called by contestant, testified as follows: 

Direct examination by IMr. Dulin : 

Q. AMiere do yon live?—A. Live in Statesville, third ward. 

Q. How long have you lived in the ward?—A. About a couple of years, I 
guess. 

Q. Did you at one time know a family by name of Nash?—A. Yes. 

Q. Did you know Charles Nash and Alice Nash and E. G. and Annie?—A. I 
knew Charles and Alice. 

(}. You do know that they did have two children, do you not?—A. I'es. 

Q. You are under the impression that those are the two?—A. Why, I would 
think so.. 

Q. Do you know when Charles Nash left Statesville?—A. I don’t know the 
exact date—it has been something like 10 years or 11—something like that. ' 

Q. Did you know him well?—A. I did. 

Q. He was a personal friend of yours, was he not?—A. He ran a grocery 
store and I was buying my groceries from him. I knew that much ahfuit him. 

Q. Do you know where he moved to?—A. He went to Washington when his 
family left here. 

Q. Did he sell out and move away from here?—A. I don’t know how that was 
fixed up. I think the wholesale people took all the stuff and gave him the 
remainder after his debts were paid. 

Q. Do you know Mrs. AY. C. Mills?—A. I do. 

<3. AYas she sick on election day?—A. I don’t know whether she was or not. 
I saw her in a car going toward town. 

Q. You do know she was able to ride up town in an automobile?—A. Yes. 

Q. Do you know AAk P. Mills?—A. Yes. 

Q. AAliere does he live?—A. I dont’ know whether he lives in Statesville 
Township or Pallstown, or where—he lives down here on Third Creek. 

Q. Does he live on the east side of the Charlotte Railroad?—A. Y^es. 

Q. How long has he been living there?—A. I don’t know. 

Q. Did he ever live in the third ward to your knowledge?—A. Not that I 
know of. 

Q. Did you see one of the Negro pictures referred to in these proceedings 
here?—A. Yes. 

Q. AAdio had that picture?—A. D. A. Kimmons. 

Q. AAliat is his politics?—A. Democrat. 

Q. Do you know what official position, if any. he held prior to the election, 
during the registration period?—A, 1 do not. 

Q. Do you know of his activities during that period?—A. I noticed him 
around with the registrar some. 

Q. Did lie accompany the registrar around at various places—you know 
that?—A. Yes. 

Q. AATiere did he have this picture?—A. Over at the station. 

Q. AAhis he showing it to people over there?—A. He called me to him and 
showed it to me, and there were several standing around there. 

Q. About how many in the crowd—best you can estimate?—A. I don’t know. 
Four or five though, I think, right up in that little hunch. 

Q. AA'ere you here on election day in the third ward precinct?—A. Yes. 

Q. Did you see this picture displayed in the courthouse?—A. I did not. 

Cross-examination by Mr. Lewis: 

Q. iMr. Charlie Nash wheil he left here and took his wife didn’t he move to 
the District of Columbia—AATishington ?—A. Y’^es; when his wife went he went 
to AVashington. 

Q. He is now living in AAhishington City?—A. Y"es. 

Q. Don’t you know, as a matter of fact, that a person living in the District 
of Columbia can’t vote there?—A. I don’t know about that. 

Q. Now, he does live in AA’ashington City?—A. I think so. 

Q. You don’t know whether he has changed his residence here or not, do 
you?—A. No, sir. 

Q. You say AA\ P. INIills and INIrs. AA". P. INIills—you don’t know whether they 
live in the third ward or not, do you?—A. No; I don’t. 

Q. I ask you whether ]\Irs. AA'. P. Mills didn’t register in ward No. 3, States* 
ville?—A. I don’t know. 

Q. You don’t know whether they live in the third ward or not?—A. No. 

Q. You don’t know whether Mrs. AAk C. Mills was sick or not?—A. I don’t 
know—I don’t suppose she would be sick going uptown. . 


CAMPBELL VS. DOUGHTON. 


247 


Q. She might have been sick after that?—A. Oh, yes. 

Q. She may have been sick by 3 o’clock?—A. Yes; she could have been sick 
in 15 minutes after I saw her. 

Q. You don’t know whetlier she was sick or not?—A. Not after that time, 
and I don’t know whether she was sick when I saw her. 

Q. Slie might have been going to see a doctor?—A, Yes; I know she was 
going uptown. 

Redirect examination by Mr. Dulin : 

Q. Y^ou know as a matter of your own knowledge that a person who could 
ride ui)town and look for a doctor could also ride uptown and vote, could they 
not?—A. It looks reasonable they could. 

(^. You do know that W. P. JNIills lives where you first stated he lives?—A, 
Y^es. I dont’ know what ward it is in or whether it is in this township or not, 

Q. Y’ou stated in your direct testimony there that when Mr. Nash moved away 
from here you don’t know wliere he first went to?—A. No; hut when his family 
left here he took his family to AVashington. 

Recross-examination: 

Q. You mean Washington, D. C.?—A. Yes . 

Q. You mean to swear that it is not possible for a lady to he in such a condition 
that she could ride uptown and then not be in such condition that she could 
go to the polls and vote?—A. Oh, yes. 

Re-redirect exam’nation ; 

Q. Did she have any attendants with her at that time—nurse?—A. I never 
noticed anybody only the lady that was driving the car. 

Q. She was sitting upright in the car’?—A. Yes. 

Q. It appeared to you that she was in good health?—A. I could not see that 
there was anything the matter with her. 

Mr. T. D. SHUFORD being called by contestant, testified as follows: 

Direct examination: 

Q. AVhere do you live?—A. I live in Statesville, No. 1. 

Q. H(nv long have j^ou been living there?—A, I.ittle over a year. 

Q. AVhat is your business?—A. I am in the mercantile business. 

Q. Do you know R. D. Miller?—A. Y’^es. 

Q. When did he come to Iredell County?—A. About the middle of May. 

Q. Did you have a conversation with him in which he stated to you that he 
came here about the middle of Alay?—A. Yes; I talked to him several times. 

Q. Did he vote in the last election?—A. All I know about that is his name 
being on as a voter on^the hooks. I didn’t see him vote. 

(}, Do you know R.*AV. Graeher and wife?—A. Yes. 

Q. State what you know about the time they came here and all you know 
about it.—A. Well, Air. Graeber moved here sometime the first of January a 
year ago; I don’t know the exact date, but sometime in the month of January. 

Q. How do you happen to know this?—A. I had bought a house down here 
and he moved in right at the time I bought the property and I know when 
I bought it. 

(}. Where did he come from?—A. He told me from South Carolina. 

Q. That is all you know about it?—A. I had known him for a good long time, 
but hadn’t seen him for a while until he came here. 

Q. Do you know E. E. Tucker and T. L. Tucker?—A. Y"es. 

Q. How long had they been here?—A. I could not say as to them; I don’t 
know. They moved away from here last fall and I don’t know when they got 
back; moved to Florida sometime last fall. 

Q, Where did they move from when they went to Florida?—A. From out 
liei'e on the other side of town apiece. 

(}. In which ward?—A. Ward 1. 

(}. When they came back here where did they move to?—A. I don’t know of 
mv own knowledge. 

Q. Did they move hack into ward 1?—A. No, sir; they didn’t live in ward 1. 

Q. Do you know R. B.'Cloer and wife?—A. Y"es. 

Q. When did they leave?—A. They moved away last fall a year ago. In 
the fall after he got through his crop they sold out and moved out of our ward. 

Q. After he moved (*ut of your ward he then moved out of the county, did he 

ii()t’.'> A. Yes; he moved into ward 2 here awhile and then he left and went 

to Kannapolis and later moved hack to Mooresville and then came hack here. 


248 


(’AMPBELL VS. DOUGHTON. 


Q. When did lie get back here?—A. On the 1st day of Noveml^er. 

Q. What time of day was that?—A. 1 could not say just what time he got 
here. He moved his household stuff the 2d day of November, on election day. 
He moved into a house down here in ward 1. 

Q. Do you know E. L. Cloer?—A. Yes. 

Q. When did he move out of the county?—A. I could not say as to when he 
moved out; he moved out sometime during the summer. 

Q. Do you know when he came back to Statesville, if he came back?—A. He 
has never come back, to my knowledge. 

Q. Do you know now where he lives?—A. No; only from what others have 
told me. 

Q. What is your information?—A. That he lives near Spencer. 

Q. Do you know Marshall Crantield?—A. Yes. 

Q. Do you know where he lives?—A. I don’t know where he lives now. He 
lived in our ward and went off with Mr. B. L. Cloer. 

Q. When \vas that?—A. To-the best of my recollection, it was about July 
when they moved away from here. 

Q. t)id he move out of the county?—A. Yes; he went to Kannapolis with 
Cloer. 

(}. Do you know of any other irregularities connected with the election held 
on Novemlier 2, 1920?—A. I dont’ recall any others now. 

Q. Do you know Mrs. Margaret Allison?—A. No, sir; I don’t know whether 
I do or not. If it is Mr. Wade Allison’s wife, I know the Allisons; that is 
all I could say—I don’t know her name. 

Cross-examination by Mr. Long : 

Q. You .spoke of Mr. R. R. Cloer going out of the county down about Kan¬ 
napolis somewhere; I understood you to say he came hack about November?— 
A. Yes. 

(y You <lon’t know what his plans and purposes were when he left here, do 
you?—A. No, sir; I don’t know that; I just know he moved away from here. 
I know he moved out of the ward. 

Q. A man could move everything he had out of his house, out of Statesville, 
and go up here to Blowing Rock and go up here anywhere he wanted to and 
never change his residence—his citizenship here?—A. I don’t know. 

Q. If it should be the law that a man could do that, then you are not pre¬ 
pared to say that IMr. Cloer changed his residence?—A. I am not going to 
argue the law about that because I don’t know it. 

CL You know, as a fact, that he never purposed to leave here?—A. He moved 
out of the ward and out of the county. 

Q. You don’t swear that you know that Mr. Cloer ever purposed to leave 
here and abandon this as his residence?—A. No, sir; I *‘(ndd not .say that. 

CL I believe you spoke of Mr. E. E. Tucker; did I understand you to say he 
voted?—A. That is my understanding. 

Q. l*ou didn’t .see him vote?—A. No, sir; I didn't .see him. 

CL T. L. Tucker; you didn’t see him vote, did you?—A. No, sir. The only 
statement I made was that they didn’t live in ward 1. 

CL Iffd they go out of the county?—A. My understanding they went to Florida. 

CL You don’t know what his purposes were, do you?—A. No, sir ; I don’t know. 

CL They live there now, don’t they?—A. No, sir. 

CL Did they live there at the time of the election?—A. No, sir; they did not. 

C). I believe you spoke of a IMr. Graeber, did you not?—A. I don’t think he 
had ever lived here l)efore. 

CL You don’t know what State had been his residence before that?—A. Noth¬ 
ing oidy what he told me. 

CL You don’t know what his purpo.se was during his absence from here?—A. 
I don’t know anything about him ever being in this county before. 

Q- you know that Graeber is a Government service man?—A. Yes; county 
demonstration agent. 

C). He had been from place about his work in the State?—A. I could not say 
about that. 

CL Y'ou just don’t know?—A. I never saw him in this county until this. I 
knew him when he was in Catawba County. 

CL You know Mr. W. H. Allison? —A. Y’^es. 

Q. He ’used to live in that ward?—A. Yes. 

Q. He used to live in your ward?—A. Yes. 

CL And his wife?—A. I said I didn’t know his wife’s name; I don’t know 
IMargaret Alli.son unless it was his wife. 


CAMPBELL VS. DOUGHTON. 249 

Q. Do yon know the fact that IVIr. Wade Allison is in Government employment 
in Washinjjton, D. C. ?—A. I know he is in Washington. . 

Q. Yon don’t know whether he has ahamloiied Statesville as his home or 
not ?—A. I know he sold his property: I don’t know anything about him aban¬ 
doning Statesville. 

Q. Yon don’t know whether he has made npon his mind to change this as his 
habitat or residence?—A. No, sir; I conld not tell yon anything about the man’s 
mind. 

Redirect examination: 

Q. Yon are not a mind reader, are yon?—A. Don’t claim to he; no, sir. 

Q. Knt yon do know as much about my intentions as anybody else except my¬ 
self, do yon not?—A. Yes; I suppose so. 

Recross-examination: 

Q. Yon know the fact that my friend, Dnlin, here was in France?—A. I don’t 
know; I know he was away from here. 

Q. Did he vote here?—A. I don’t know whether he voted or not. 

Mr. J. E. COLVERT, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do yon live?—A. I live on Davie Avenue, ward No. 1. 

Q. How long have yon been living there?—A. About 20 years. 

(}. Where were yon on election day?—A. I was at ward No. 1 voting pre¬ 
cinct. 

Q. What official position did yon hold, if any?—A. I was one of the judges. 

Q. Were yon there when the absentee vote was cast in that ward?—A. Yes. 

Q. Who called out the vote as it was put into the box?—A. I think Mr. Charlie 
Tomlin—Mr. Tomlin and IMr. John Lewis, probably Fred Bradley—C. S. Tomlin 
called it ont, though. 

Q. Do yon remher hearing them call ont any Republican votes?—A. No, sir. 

Q. In other words, the absentee vote cast in yonr ward was nnanimons for 
the Democratic I’arty?—A. I think so; don’t think there was a Republican vote 
cast. 

(}. Do yon know any of the absentee voters of that ward personally?—A. Yes; 
some of them. 

Q. Do yon know all the Allisons?—A. Y'es. 

Q. Do yon know where they lived at the time of election—W. H. Allison, 
L. R. Allison, and Mrs. Margaret Allison?—A. Lived in Washington, I under¬ 
stood. 

Q. How long had they been living there?—A. Year or two, two or three; I 
conld not say how long. 

Cross-examination by ]\Ir. Long : « 

Q. Mr. L ee S. Overman lives in Washington, too, doesn’t he?—A. I suppose 
he does part of the time. 

Q. Mr. R. L. Donghton lives in AVashington and has his family and home np 
there?—A. I suppose so. 

He has the right to vote down here?—A. I reckon he does. 

Q. Yon know the fact that Mr. Allison and Airs. Margaret Allison are now 
residing in Washington; yon don’t know that they have taken that np as their 
legal residence?—A. No; I don’t. 

(}. Yon said there were no Reimhlican absentee votes cast in yonr precinct?— 
A. I said I didn’t thiidv there was. 

Q. Do yon know of any itepnhlican that mailed in or sent in an absentee vote 
and it was not called ont?—A. I never saw a vote—I never saw a letter until 
the letters were brought in. 

Q. Yon lieard no complaint of any Republican that had lost his vote because 
it was not called ont?—A. No, sir. 

Q. They conld not call ont a Republican vote if it was not sent in?—A. 
AVonld not think so. 

Mr. W. L. GAMBLE, being called by contestant, testified as follows: 

Direct examination: 

Q. Do yon know Aliss Lee Gamble?—A. Yes. 

ij. Were yon in town jnst prior to the election with Air. Wally?—A. Yes. 


250 


CAMPBELL VS. DOUGHTON. 


(}. Did yon hear a conversation between Mr, Wally and INlr. Lewis on that, 
date?—A. Yes. 

Q. Go ahead and state jnst what was said.—A. Tlie conversation really 
started with INIr. Lewis talking to me. He asked me if I had heai’d the latest. 
I told him I hadn’t, wanted to know what it was. and he said that there was 
^ettin^? out some circnlars here then, press was rnnninj>\ printinjr them rijrht 
then. Said it was proof beyond any (piestion of a donht that Hardinjj: was 
part Ne^ro, and Mr. Lewis asked INIr. SVally how lonji he was .aolufj: to be in 
town. Mr. Wally told him he was with me in my car. Mr. Lewis told Mr. 
Wally if he would wait a little while he would jjive him some of these circnlars 
to take down and distribute in the lower end of the comity. I told Mr. Lewis 
that no stuff like that could ride in my Ford; that he would have to mail it 
out or s’ive it to Mr. Wally in some other way. Fie told Mr. Wally that they 
would ji'et them to him, mail them to him—I don’t mind for certain whether 
he said mail them or said he would jiet them to him. 

Q. After that time did yon see iMr. Wally?—A. Yes, 

(F Did he show yon any of these circular letters proving’ the President-elect 
to be i)art Xegro?—A. Yes. 

Q. Did he also show yon the Harding picture associated with Negroes, pur¬ 
porting to be his miming mates on the Republican ticket in the State of Ohio?— 
A. It didn’t have Harding’s picture, but had the Negro pictures, saying they 
were relations of Harding. 

Q. Wonld yon know one if yon were to see it?—A. I think I wonld. 

(F [Attorney shows ^^'itness picture.] Could yon identify that as being the' 
same Idiid of a picture as the one he showed to yon?—A. I don’t lielieve his 
M'as quite that size; I don’t believe that the outline of the pai)er was that big. 

(F The only difference was jnst in the size?—A. Yes; the picture he had. 

(F I>id yon read one of the circnlars?—A. No; I never read it. Mr. Wally 
was reading it to me. I was jnst making fnn of him while he was reading it. 

Q. Wonld yon know the paper if yon wonld see it?—A. I think I wonld. 

Q. Look that over and see if that is the same paper yon had read to yon by 
Mr. Wally [showing witne.ss paper].—A. Yes; that is one of the circnlars. 

Q. That is the circular he received?—A. It is, practically. I conld not swear 
that is the identical circular INlr. Wally had—it is practically the same thing— 
it was practically the same thing. It was alluding to Harding’s kinfolks being 
Negroes, 

Q. Yon never saw it?—A. I saw it. I never read it. He was reading it to me 
ami I was joking him while he was reading it. 

(F That is the one he read to yon?—A. It is practically the same circular,, 
might not be word for word. 

(This is offered in the record, marked “ F^xhibit H.”) 

(Contestee objects to this being inserted into the record, as it has not been 
shown that IMr. Donghton or any management of the party had anything to do 
with that circular or the circnlahon of it.) 

“ WARKEN GAArAl.IEL WINNIPEG BANCROFT H.\RDING. 


AVarreii Gamaliel Win¬ 
nipeg Bancroft' 
Harding. 


“ (Harding.) 

“ Mary Harding. 

“ Abigail Harding. 
“ Carrie Harding. 


George Tryon Harding. | 

Phoebe Dickerson (white),' 
midwife; ancestry un¬ 
known. Mulatto brother 
of M.ary Ann.. 


Amos Harding, white; came- 
from New York. 

Mary Ann Dixson, black. 

Mordecai Dixson. 


“ This is the lineage of Warren Gamaliel Winnipeg Bancroft Harding. 

“ His father was George Tryon Harding, obviously a mulatto. He has thick 
lips, rolling eyes, and chocolate skin. 

“His mother was Phoebe Dickerson, a midwife by trade. She died several 
years ago. They had two sons and three daughters and W. G. W. B. was born 
when G. T. was only 20 years old. Nothing is known of the ancestry or family 
of this Phoebe Dickerson. One daughter was black, with kinky hair! Only one 
daughter was ever married. They named her Abigail Carrie ISIary. 





CAMPBELL VS. DOUGHTON. 


251 


“,Tlie parents of G. T. Harding were Amos Harding, of whom almost nothing 
is known (he was a white man from New York State), and Mary Ann Dickson, 
or Dixson Harding, a hlack woman, hnt when they were married, if ever, no 
one knows. They had tliis son, (L T., in the year 1844. 

“The brothers of iMary Ann and Mordecai Dixson or Dickson, of whom and 
his children all Bncynis has many tales. He sat in a corner of the Baptist 
Church re.served for Negroes and was often on his feet in prayer meet ngs, etc. 
He was a cooper hy trade and had a large and rather wild fiimilv. Mordecai 
was horn in ISIS and d'ed in 3901. 

“ By Prof. \Vm. Chancellor, professor of political ec(»nomics of Wooster Uni¬ 
versity.” 


Cross-examination hy Mr. Tukner : 

Q. I>o yon live in this county?—A. Do not. 

Q. Which county do yon live in?—A. Mecklenburg. 

Q. Are yon a Kepnhlican?—A. Yes. 

Q. Good Kepnhlican?—A. I don't know—I had rather somebody else would 
say that. 

(}. Yon keep posted in Kei)nhlican literature?—A. I read both papers. Demo¬ 
crat and Kepnhlican papers, both. 

(>. Yon talk to the leaders of the Kepnhlicans a great deal?—A. No; there are 
I)lenty of people talk politics.more than I do. 

Q. Yon try to keep posted?—A. Yes; especially before the election awhile. 

Q. Don't yon know that that c’rcnlar in regard to the family tree of Hard¬ 
ing was gotten ont in Ohio and presented to the Chicago convention in order 
to prevent h's nomination in the Kepnhlican Party?—A. No, sir. Never heard 
it mentioned until Mr. Lewis was telling me about it. 

Q. Didn’t yonr leaders tell yon that tliey tried to defeat him for nomination 
on that ground in Chicago?—A. Didn’t hear a word ahont it until few days be¬ 
fore election. 

Q. I>idn’t yon read it in the ])apers and Kepnhlican literature that it was 
gotten ont to defeat Harding in the Kepnhlican convention ?—A. Never heard 
anything. 

Q. So. then, yon are not a good Kepnhlican who keeps himself ])osted in Ke- 
pnldican i)olitics?—A. That is for yon to say. Yon can n.se yonr own judgment 
in that. I wonld not say I was a good one or had one. I read several papers, 
two or thi’ee Democratic papers and some Kepnhlican papers, too. 

Q. Wasn’t Wally summoned here, man yon spoke of a while ago?—A. I don’t 
know. 

Q. Yon said yon saw that family-tree circnlar, did yon notice on either of the 
aflidavits of his lineage that it was signed l)y a Kepnhlican?—A. I never read it. 
He read the circnlar to me. 

Q. Don’t the facts related in there purport to he sworn to l)y a Kepnhlican 
of Ohio [handing witne.ss paper]?—A. I said I never read the circnlar; Mr. 
Wally read it to me. 

Q. Look at it. I will ask yon if the facts in regard to the lineage of Mr. 
Harding is not sworn to there, purported to he sworn to hy a Kepnhlican, with 
his address, in Ohio?—A. I don’t say it without reading over it. 

Q. Is this the identical circnlar yon saw or was it a printed one?—A. This 
is a typewritten one.—A. I never read the circnlar myself. I never read a word 
of it. IVfr. Wally read it to me. 

Q. Wasn’t it a folder of four pages?—A. I conld not say, except Mr. Wally 
was just reading. 

Q. Where did .yon see this?—A. Down at Davidson—I don’t know it was that 
one. but he was reading practically that kind of reading. 

Q. Yon don’t know whether that is the circnlar yon saw dowir there, or 
not"?—A. I don’t know whether it was that circnlar or not. 

Q. Was it typewr'tten or i)rint(Ml?—A. Looked like it was print. I conld not 
liave told whether it was typewritten. 

Q. Wasn’t it a four or five leaf circnlar?—A. I conld not tell ahont that size. 

Q. Does it look like that?—A. I never looked at that, I looked at the picture. 

Q. That doesn't look like the circnlar, yon say?—A. I conld not say ahont 


that. 

Q. (Showing witness paper). Is it or is it not the identical circnlar?—A. I 
can’t say whether it is or is not for tlie simi)le reason I never paid any atten¬ 
tion to the circnlar. 

Q. The family tree, that picture, where did yon see that?—A. Mr. Wally 


had it. 


252 


CAMPBELL VS. DOUGHTON. 


Q. Who is he?—A. IMr. C. T. Wally. 

Q. Is lie Democrat or Republican?—A. Democrat. 

Q. Where dhl yon see it?—A. Day after the election he showed it to me. 

Q. And you didn’t see it the day of the election?—A. I vote in Mecklenburg. 
I don’t vote in Iredell—I never saw it until day after the election. 

Q. You don’t know anything about what effect it had whatever? A. No; I 
don’t know. 

Redirect examination : 

Q. After the conversation took place between Mr. Lewis and Mr. Wally and 
yourself, in which IMr. Lewis stated that the jiress was running getting out cir¬ 
culars that proved beyond a doubt that IMr. Harding was part Negro, you saw 
Mr. AVally after that and he i-ead to you a paper in which it set out that he was 
part Negro, isn’t that true?—A. Yes. 

Recross-examination: 

Q. That was after the election?—A. Y^es; next day. 

Mr. R. V. TPIARPE, being called by contestant, testified as follows: 

Direct examination: 

Q. AVhere do you live?—A. In the second ward, on Center Street. 

Q. You are a voter in that ward, are you?—A. Yes. 

Q. Do you know William H. Cowles?—A. Yes. 

Q. Did he vote an absentee ticket in your ward?—A. It is so recorded. I 
was not at the polls when they were opened. 

(Objection by contestee.) 

Q. Do you know the reason of his absence, or have you any information as to 
the reason of his idisence here on election day?—A. It has been reported. I 
have heard it frequently that he is in a hospital in Georgia; been there for 
some time for weakness of mind. 

Q. Do you know J. K. Carrigan?—A. Yes. 

Q. How long has he been moved away from the county of Iredell?—A. It has 
been between three and four years. 

Q. With whom does he live?—A. He lives with his son. I can’t call his name— 
Badge, I believe. 

Q. Do you know where his son lives?—A. He lived in Charlotte a while, and 
I think he is now in Richmond. 

Q. But to the best of your knowledge and belief he has not lived in Iredell 
County for the past three or four years?—A. Yes. 

Q. Do you know IMrs. Sarah Cowles Self?—A. Yes. 

Q. Where does she live?—A. At the present I could not say, but after she 
was married to Mr. Self they lived in Winston. 

Q. Do you know how long it has been since she was married?—A. It has been 
something like two years. 

Q. And she has never lived in Iredell County since she was married?—A. 
No, sir; she lived in AVilkesboro until their home was burned, and then they 
moved to Winston, and afterwards, I think, went to Raleigh. 

Q. You don’t know for certain whether they are now living in Raleigh or 
not?—A. This past November a year ago they were living in AVinston, there at 
the Zinzendorf Hotel. I talked to them both. They were boarding and living 
there at the hotel at that time. 

Q. Do you know .1. S. Ramsay?—A'. Yes. 

Q. Do you know when he moved away from Iredell County?—A. I could not 
give the month. It has been a year or more. 

Q. Where did he move to, if you know?—A. Somewhere in South Carolina. 
I could not just tell the place. 

Q. Do you know what business he follows in South Carolina?—A. I think he 
is in the veneer business. 

Q. You don’t know about that, but you do know he closed out his business 
here and left?—A. Yes; sold out. I talked to him the last time he was in town. 
He told me he was in South Carolina. He named the place. I asked him how 
he was getting along, and he told me he had made more money this past year 
than he had ever made. That has been perhaps three months ago. 

Cross-examination by Mr. Lewis : 

Q. Mr. Tharpe, Mr. Cowles, I ask you if these are not the facts: He went to 
Kentucky to a hospital, stayed there a while, and came back to above AATlkes- 


CAMPBELL VS. DOUGHTON. 


253 


boro to his farm, owned by bis mother, and reenperattn^l, and is up there 
now practically a well man; isn’t that a fact?—A. No, sir. 

Q. Wasn’t he there all this last summer?—A. I don’t know, 

Q. Ih*acticing law here before he went from here to Kentucky to a hospital?— 
A. I don’t know about that. 

Q. The truth about that is you don’t know where the man is? He went from 
here to a hospital in Kentucky, under his cousin in Kentucky?—A. I don’t 
know. 

Q. Then I ask you if you don’t know the fact whether he didn’t go from there 
and go above Wilkesboro to a farm owned by his mother, practically a well 
man?—A. I don’t know. 

Q, The truth about the matter is you don’t know anything about the man?— 
A. I stated what I heard reported. 

Q. This is his home?—A. Has been. 

Q. He practiced law here, didn’t he?—A. Well, I think. 

Q. Here in the Commercial Bank Building?—A. I don’t know. 

Q, His mother and family live here?—A, His mother does. 

Q. Single man?—A. Yes. 

Q. He never has changed his residence from Statesville—he registers from 
Statesville here?—A. I don’t know that. 

Q. If it should turn out to be a fact that he went from here to Kentucky 
and came liack and never went to Georgia, what about that?—A. Then the re¬ 
port I heard was not true. 

Q. Don’t you know, as matter of fact, that you ought to know evidence be¬ 
fore you get up and swear it?—A. I didn’t swear. 

Q. You wanted to make it appear and this record show?—A. I merely re¬ 
ported what had been reported to me. 

Q. INIrs. Sarah Cowles Self is a sister of Mr, W. H. Cowles?—A. I think so. 

Q. She and her husband stayed in Winston—he was at that time working 
for the United States Government selling war savings stamps?—A. He was 
connected in some way. 

Q. Then he later went from there to Raleigh, and he is now there working 
for the United States Government, isn’t that so?—A. I don’t know. 

Q. Haven’t you been informed what he has been doing? Do you know where 
IMrs. Self claims her residence to be?—A. No, sir; I don’t know. 

Q. When her child was born she came here and stayed with her mother some 
two or three months?—A. I don't know that. 

Q. Lives right there pretty close to you, doesn’t she? All you know then is 
that they were just away from here?—A. I know they haven’t lived here since 
they married—may have visited this place, but they haven’t lived here. 

JMr. Ramsay lived here all of his life?—A. I could not say as to that. 

Q. Didn’t Mr. Ramsay tell you when he talked to you that he was coming 
back here to live, and was going to live and die here?—A. No, sir. 

Q. Didn’t he tell you that in the drugstore?—A. No, sir; did not. 

Q. Y^ou don’t know whether he claims this to be his home?—A. I know he 
don’t live here—never discussed that matter with him. 

Q, Now, as to Mr. Carrigan, you don’t know but what he claims this as his 
—A. I don’t know—he might claim New York as his home, I don’t 

know. 

Redirect examination by IMr. Dulin : 

Q. You don’t know what Mr. William H. Cowles, J. K. Carrigan, :Mrs. Sarah 
Cowles Self, and J. S. Ramsay intend, but you do know they were absent, ac¬ 
cording to your testimony, as stated in the first examination?—A. Yes. 


IMr. H. V. FURCHESS, being called by contestant, testified as follows: 

I )irect examination: 

O. Where do you live?—A. Live in the second ward, Statesville. 
ii How long have you been living there?—A. About four years. 

Q. Were you there'on election day, November 2, 1920?—A. Yes. 

Q. Did you make a list of the voters who voted in that ward on election day?— 

A. Yes. 

Q. Did you make a list of tlie absentee votes as they were cast?—A. I did. 

() WilT you please read the list?—A. (Reading:) Mrs. Alex Barkley, 
Frances Pressly, Mrs. W. A. INIenser, J. B. Glover, sr., Mrs. D. C. Cooper, Mrs. 
W G. Lewis, J. L. Hudson, jr.. Mrs. Sarah (k)wles Self, Mrs. L. (). Little. .1. S. 
Ramsey, J. Hub Miller, W. H. Cowles, iMrs. R. V. Dowdy—perhaps that initial 


254 


CAMPBELL VS. DOUGHTON. 


is not correct—Mrs. W. A. Thomas, W. A. Menser, James L. Pressly, J. O. Over¬ 
cash, jr., G. G. Austin, J. K. Carrigan, R. L. Brigman, Alwin Morrison, Miss 
Christine Henkel, IVIiss Daisy Brewer. That is all of the al).sentees. 

Q. At the time they were voted you marked them Democratic or Republican, 
did you not?—A. Yes. 

Q. And the entire list, according to your belief and judgment, are all Demo¬ 
crats, are they not?—A. Yes. 

Q. A part of the list was called as they were voted?—A. Yes. Some of them 
voted by certificate and some by l)allot. Of course, where it was certificate they 
read out the ticket they wanted to vote. 

Q. Look on your list and see if you find the name of W. A. Menser?—A. Yes; 
that is No. 15. 

Q. That is the absentee list?—A. Yes. 

Q. Look on the list there and see if you find the name. No. 138, of the people 
who voted i)ersonally?—A. Yes; I find No. 138—name of W. A. Menser, 

Q. Do you know of any other irregularities?—A. I don’t knoAv that I can re¬ 
call any. I was not an officer of the election—I was busy keeping the list there— 
I was not looking or trying to find any irregularities. 

Cro.ss-examination ; 

Q. You spoke of JMr. IMenser; I believe I understood you to say his name ap¬ 
peared as having voted on some book, perst)nally—I ask if you kept a poll of the 
voters for your party that day ?—A. I undertook to. 

Q. Did you get all that voted?—A. I thought so, 

Q. You didn’t get the name of Mr. W. A. Menser as voting personally?—A. 
Yes; it is down there on my list. 

Q. Do you know if there was an absentee vote there for iMrs. W. A. Menser?— 
A. I think so. [Looking at memorandum.] No. 3 here, ilrs. W. A. Menser, is 
an al)sentee vote. 

Q. Does it also appear that W. A. iMeiiser voted personally?—A. Yes; W. A. 
Menser, and he also voted here, No. 15, as an absentee vote, according to my list. 

Q. What number is that on the regular poll l)ook?—A. It is not numbered on 
the regular poll book—I kei)t this in a separate place. When they went to read 
the absentee votes I turned over to another page and headed it “Absentee voters ” 
and commenced numl)ering them 1. Didn’t put them in with the others. 

Q. Is that the scroll of the votes you kept?—A. Yes; this is absentee. 

Q. Did you keep a scroll of the personal voters?—A. Yes. 

Q. Let me see that. [Attorney is shown list,] Do 1 understand you to say 
that the absentee voters is on this list, too?—A. No, sir; they are on a .separate 
list. 

Q. I don’t know how it was, but I am trying to ascertain the truth about this 
matter—do you know whether that vote of IMr. W. A. Menser’s was put in the 
box and voted as absentee vote?—A. I would not have listed it as an absentee 
vote. 

Cross-examination: 

Q. It did occur several times that an absentee vote was sent home and the 
party arrived home and it was taken off—I wanted to kiujw if that was one of 
those votes? I believe you said that all the votes of the absentee voters pre¬ 
sented and cast were Democratic votes?—A. Yes. 

Q. Do you know of any Republicnn who sent in a vote by mail or otherwise 
that failed to have it cast in the precinct that day?—A. No, sir; I do not. 

Q. You heard no comiJaint of that?—A. No, sir. 

Q. It was not proper for a Republican absentee vote to api)ear there unless it 
was sent in, was it?—A. No, sir. 

Q. Your son Tom, I believe, voted there?—A. Yes. 

Q. He had s])ent. as an absentee, two or three years in another State, had he 
not?—A. Yes; spent about two years. 

(}. But this was his residence?—A. Yes. 

(}. And he voted here?—A. Yes; he had been back little over a year at the 
time he voted. 

Q. But he had been in another State?—A. Yes; he had been away about three 
yea rs. 

Q. Did your boy vote an absentee vote?—A. No; he voted in person. 

Q. Let me understand you, you said your son had been back here about a 
year?—A. Yes. 

Q. Did he vote on the ground that he had never changed bis citizenship, or 
did he vote on the ground that he had come back and acquired new citizenship 


CAMPBELL VS. DOUGHTON. 


255 


in the State?—A. I can’t tell yon that—he went and l•e^^istered. I never heard 
him say wliat ground he voted on. 

Q. It is a fact that he had been away about two years?—A. Yes. 

Q. And he had been liack about two years?—A. Yes. 

Q. You don’t know what ground he i)ut it on, whether he never had changed 
Ids residence or had come back?—A. No, sir; I don’t know. 

(}. If it is a fact be had changetl his residence he would not be a qualihed 
voter? If he had left the State and tnken up residence elsewhere he would not 
be a qualihed voter, would he?—A. No. 

Q. Does your list, the two lists, the ab.sentee and personal voters, your scroll, 
show all that voted there that day?—A. I don’t know whether it would or not. 
1 was not there all the time—some others kept a few names—might have missed 
a few of them—was intended to be correct. 

Q. Where did you get your lists, your two lists, your absentee and personal 
list; from what?did yon make it up?—A. I stood there, and as they voted the 
names were called out. 

Q. I ask you if all those voters that voted there were bona hde residents of that 
ward, precinct?—A. I could not tell you about that. 

(}. They so claimed?—A. They so claimed. 

Q. Hail your son left the State and made his home over in Georgia or had he 
not?—A. He lived in ^Montgomery, Ala., for a couple of years. 

(>. Had he gone there to make that his home and abandoned this as his State 
of residence or had lie not?—A. That is a hard question to answer—I don’t 
know myself—he went there to work and got hurt, got crippled and came back 
home. 

(}. You don’t know whether he had gone there to take up his recidence or 
not?—A. No, sir. 

Q. Had he ever voted there?—A. No, sir; was not old enough to vote. 

Redirect examination : 

Q. Y^ou stated that you didn’t make this entire list yourself?—A. There are a 
few names. 

Q. I.ook at W. A. Menser’s name on both lists and see if you did white those 
names down as they voted?—A. Yes; they are both in my handwriting on both 
lists. 

Q. Did your son, Thomas Furches, ever tell you when he left here that he 
was going* away to Alabama or Georgia to make that his home?—A. No, sir; 
he did not. 

Miss EULALIA IMcLELLAND, being called by contestant, testified as follows: 

Direct examination: 

Q. I give you a list of voters for Eagle Mills precinct and ask you now to 
state what the recoi-d shows in 'regard to their poll tax—whether they have 
paid or not.—A. L. A. Anderson; I find him paid November 22, 1919. C. A. 
Baggerly paid November 27, 1919. G. AV. Baity paid December 13, 1919. H. G. 
Baity, not charged, was in France at returning time. 

Q.‘Didn’t pay?—A. No. 

Q. T. R. Cloaninger?—A. Paid January 22, 1920. 

(}. B. R. Conner?—A. One-armed man and exempt from poll tax. 

Q. J. H. Conner?—Made a parfal payment April In, 1920. 

Q. How much was it?—A. $8. 

Q. Hobart Dalton?—A. Don’t have a man like that on the books. Have a 
Dalton Roger. 

Q. What date did he pay?— A. He paid November 17, 1919. 

Q. That is Dalton Roger?—A. That is the name I have on the tax book. 

Q. C. C. Heath?—A. Not paid. 

Q. J. S. Keller?—A. Not paid. 

Q. M. A. iMyers?—A. Paid April 30, 1920; partial payment, $5.24. 

Q. H. L. Norman?—A. Paid November 4, 1920. 

(i E. D. Rennegar?—A. Paid December 17. 1919. 

Q. AV. D. Swink?—A. Paid January 19, 1920. 

Q. T. G. AVallace?—A. Paid November 22, 1919. 

(1 J. L. AVooten?—A. Paid November 18, 1920. 

Q. This is the original record from which you get the date of poll tax for 
entiT on other books [handing witness tax book of Eagle Mills Township]? 
Turn to L. A. Anderson.—A. November 22, 1919. 


256 


CAMPBELL VS. DOUGHTON. 


(}. Turn to C. A. Baftjierly.—A. Noveiiibei’ 27, 1919. 

Q. Turn to the stub of G. AV. Baity.—A. December 13, 1919. 

Q. H. G. Baity?—A. Not on the book; in the Army. 

(i. T. K. Cloanin^?er?—A. January 22, 1920. 

Q. B. K. Conner?—A. They have him charged, bnt he is really exempt before 
the commissioners—I don’t know whether the paper is .tiled there or not. 

Q. Yon have no record of him Iniving paid?—A. Not in onr office. 

Q. C. C. Heath?—A. I find him not paid. 

Q. J. H. Conner?—A. l‘aid April 15, 1920; paid $8. 

Q. Boger Dalton?—A. Dalton Boger, I think, is the way it is charged. No¬ 
vember 17, 1919. 

Q. M. A. Mvers?—A. April 30, 1920; partial payment, $5.24. 

Q. H. L. Norman?—A. l*aid February 4, 1920. 

Q. E. D. Kenegar?—A. Paid December 17, 1919. 

Q. AV. D. Swink?—A. Paid .Tannary 19. 1920. 

Q. T. G. AA^allace?—A. November 21, 19] 9. 

Q. J. L. AVooten?—A. February 18, 1920. 

Cross-examination by Air. Lewis : 

C^. Yon have two there who made partial payments; were those partial pay¬ 
ments sufficient amount to take np the i)oll tax?—A. Y^es. 

(}. Did yon credit the poll tax in those two instances as being paid?—A. Yes. 

Redirect examination: 

Q. In the case of .1. H. Conner and AI. A. Alyers, did they direct yon to put 
that on the poll tax?—A. A"es; Air. Alyers thought the poll was $5.24 and paid it. 

Yon .are a deputy clerk in the sheriff's office?—A. Yes. 

Q. Duly qnalitied as a deputy?—A. Yes. 

Q. And yon lind those entries that yon have given me to be correct, according 
to the records of yonr office?—A. Yes. 

State of Nokth Carolina, 

Iredell County: 

I, Alonroe Adams, notary public for and in the county of Iredell, as commis¬ 
sioner of testimony in the hearing of James I. Campbell, contestant, and Robert 
Ij. Dongbton. contestee, do hereby certify that the above transcript of evidence 
by Airs. C. L. Cruse, stenograpber, who was by me duly sworn as stenographer 
for the same, is a true and correct transcript of evidence produced before me as 
commissioner on testimony. 

[seal.] AIonroe Adams. 

Aly commission expires April 19, 1922. 

Hearings resumed this the 7th day of Alarch in a matter of Dr. Janies I. 
Campbell, contestant, \i. Hon. R. L. Donghton, contestee, in the eighth congres¬ 
sional district of North Carolina, in Iredell County courthouse, city of States¬ 
ville. Appearing for cimtestant. Air. J. J. Britt and Air. P. P. Dnlin; appearing 
for contestee, Alessrs. AA". D. Turner, Z. A". Long, and Lewis & Lewis. 

Air. L. S. GILEAAI testified as follows; 

I >irect examination by Air. I*. P. Dulin ; 

Q. A’onr name is L. S. Gileam?—A. It is. 

(,). AVhere do yon live, Air. Gileam?—A. Statesville, ward 1. 

Q. How long have yon been here'.'*—A. Since September 22, 1919. 

Q. AVhei-e did yon come from here?—A. I was in Richmond, Ahi., before the 
war and came here; 1 was in the Army two years and came here from there. 

Q. Had you lived in State.sville or Iredell any time prior to that?—A. No. 

Q. Did yon vote in the last election, November 2, 1920?—A. No. 

Q. Do yon know F. L. and A\\ E. Coleman'?—A. I do. 

(}. Do yon know when they came to Statesville?—A. January 1, 1920. 

(}. AVhere did they come from here?—A. Appomattox County, A'a. 

Do yon know their politics?—A. I have never heard them* say. 

(’ross-examination by Air. Lewis ; 

Q. Atiii say yon came to North Carolina in September, 1919?—A. Yes. 

Q. Yon registered for the election, did yon not?—A. Yes. 


CAMPBELL VS. DOUGHTON. 


257 


IMr. S. I\ CASH testified as follows: 

Direct exainination by Mr. 1*. P. Dulin : 

Q. Your name is S. P. Cash?—A. It is. 

(i. Where do yon live, Mr. Cash?—A. In the third ward, Statesville. 

Q. H(>w long have you been living in that ward?—A. Twelve years. 

(I. Did you have a conversation with S. A. Plyler?—A. I did. 

Q. In that conversation what did he sa.v to you in reference to his vote? 

((Jontestee objects on the grounds that the evidence is hearsay.) 

A. \\ ell, I had a list of absentee voters of third ward and saw his name on 
the list he and his wife—and some iiarties on election day were reading the 
absentee votes and called over Mr. and Mrs. Pyler's names, and there was some 
one right next to me, can’t say who it was, said he had met Mr. Pyler on the 
street. Well, I just made a record of it then and thought I would see him 
later on, so 1 saw h'm after that on the street and asked him if he was well 
and in town that day, and he toid me he was; and 1 asked him how did he vote, 
and he told me he voted a Democrat ticket. 

Q. Did you ask him anything about his wife?—A. He said him and his wife 
were as well as usual. 

Cross-examinathm by Mr. Lewis : 

Q. John voted?—A. Both voted. 

Redirect examination by Mr. Dulin: 

Q. Did he tell you how his wife voted?—A. Well, he did not tell me how his 
wife voted, but told me how he voted himself. 

Recross-examination by IMr. Turner : 

Q. Did he say he was an absentee voter?—A. Yes; he voted absentee. 

Q. How do you know that?—A. His name was called as an absentee, and 
he told me he voted absentee. 

Q. You did not open the ballot box?—A. No ; but he told me personally himself 
that he voted absentee. 

Q. He did not say he went up to the ballot box and then voted again?—A. He 
did not tell me he went to the ballot box; no, sir. 

Q. He was here in town at that time?—A. He was here in town. 

Q. He is here now?—A. He is here in town; his home is here. 

Q. He is able to come to this hearing?—A. I suppose he would be; yes. 

Mr. J. R. HOST testified as follows: 

■Direct examination by Mr. P'. P. Dulin : 

Q. Your name is J. R. Bost?—A. Yes, sir. 

Q. Where do you live, IMr. Bost?—A. On North Mulberry Street. 

Q. How long have you been here?—A. Three years last January. 

Q. Before the election do you remember having a discussion with Henry and 
John Lewis regarding the family record of President Harding?—A. Well, not 
much of a discussion. I was out on the street Sunday morning before the elec¬ 
tion, between 10 and 11 o’clock, and something was said about the President 
being i)art Negro ; so Henry, he was there, and Brother Sharpe, and said John 
had a letter and he crossed across the street and said he would hunt him and 
find him, and direc^y John came back and read to the crown, something like 
10 or 12 peoiile, and John read the letter about the' history of Harding and 
come over to where his grandmother was a full-blooded African Negro. That 
is what he read—I suppose it was on there—and I don’t know, I can’t remember 
what he did come over—a whole lots and brought him on down where he went 
through school and was called a colored boy in school. That is what he brought 
over in tluit—I don’t know what else, but there was a whole lot of other things— 
I don’t remember what was on it. 

(}. What kind of i)aper was it; did he have two or three page letter?—A. I 
thiidc three pages; it was two I know and think probably two and one-half—I 
won’t be positive, but 1 know there were two pages of it. 

You told him you did not believe Harding was part Negro?—A. We do not 
know that is so, aiid so he said, “Well, if you don’t believe it, just wire up 
there and see ” ; so I did not think enough about it to go to that much trouble 
to wire and see, and if they did answer it and was against him it would not do 
me any good ; so I did not g(j to that much trouble. 


17 



258 


CAMPBELL VS. DOUGHTON. 


Q. He was pretty enthusiastic alioiit his arjjuiiieiit that Harding was Negro, 
was he not?—A. Yes; lie seemed to believe it was so because somebody else 
had said so, I guess. 

Q. Y"ou say there was a crowd of about 10 or 12?—A, I think so. One Negro 
was standing there and something like 10 or 12, I know. 

Q. Did you hear anybody in the crowd .say anything about it except Mr. 
Lewis?—A. Another fellow, a soldier boy, was standing there and said, “Well, 
you do not believe George Washington was ever born; we only have a history 
of it.” And I did not make any argument, and they made it appear because I 
did not believe this I did not believe George AVashington was born. 

Q. Then the soldier seemed to believe it then?—A. It seemed like it from his 
talk. 

(}. He agreed it was true?—A. He wanted to put up an example to make me 
think it was .so by the example that he put before me to make it appear because 
somebody else we had history of AVashington, and he wanted to make me believe 
this was so because we had heard about it. 

Cross-examination by iMr. Turner : 

(y You are a Republican?—A. Yes. 

Q. A'oted a Repui)lican ticket?—A. Y'es, sir. 

(). Did you pay your poll tax?—A. I never wait to pay mine later than 
IMarch. T i)aid it in February, or something like that, last year. 

February?—A. I never wait later than IMarch. I think I have a receipt 
mai'ked later than March. 

(.}. That discussion that you had, John Lewis told you the family history of 
Harding?—A. AY‘s; that was what it was sui)i)osed to be. 

(}. It was a printed pamphlet?—A-. Printed pamphlet or whatever you 
might call it. 

Q. You are a good Republican, aren’t you?—A. Supposed to be. 

Cy Yh)u keep well posted on Republican literature?—A. I do not read either 
side. 

(}. Did you see in that an affidavit made by a Republican?—A. That was on a 
letter. I never have seen anything like that. I read it in the Sentinel, but 
was not like that. 

Q. Don’t you know that was promulgated by Republicans? Don’t you know 
that is where it originated, among the Republicans themselves in Ohio, and 
signed by an Ohio Republican? A soldier in the United States Army during 
the Civil AA'ar. did not he tell you that?—A. I don’t know a thing about it. 

(}. Did they not tell you also that the man was a professor in college that 
wrote part .of it?—A. No; I don’t know whether they said anything about 
it or not. I do know from his reading it, or what came out in the paper after 
that. The paper was the Chancellor. 

il. You do not know where that story originated?—A. I do not. 

Q. It (lid not affect a " Republicans?—A. I do not know; did not affect me. 

Q. Just made you more- ,iet^”''‘med?—A. I don’t know if it made me more 
determined. 

Q. You doAi’t know a single vote tnar was changed?—A. No, sir; I don’t 
know a vote that was changed. 

Redirect examination by Mr. Dulin : 

(}. You don’t always vote Republican; you have voted Democratic?—A. I 
liJive voted State and county ticket a couple of times. 

IMr. L. C. SIDES testified as follows; 

Direct examination by Mr. P. P. Dultn : 

Q. Your name is L. C. Sides?—A. Yes, sir. 

(}. You are known in your home county as Ranee?—A. Yes, sir. 

Q. Did you ever write a letter to Ozell I.ewis, in AAYishington?—A. Yes. 

(>. Did you receive a reply from that letter?—A. Yes. 

(}. I ask you if this is the letter?—A. Yes; that is the letter. 

Q. Can you read that?—A. I can see the head of it; yes, this is the letter 
I received. 

Q. AVill you read that, please, including the date at the top of the letter?—• 
A. It is dated October 27, 1920; says “I received your note a day or two 
ago and have been busy and did not get it answered. I appreciate your 
writing me about the matter, but I have decided that I am not going to vote 
or try to go in for politics until I go home to stay. Being up here all the time I 


CAMPBELL VS. DOUGHTON. 


259 


<'an not keep np with tliin^^s and vote intelligently. I did not see John Lewis 
when I was there. We are liaviiig beautiful weather here now, so pretty and 
warm. 1 suppose you are all well. Do you ever see Max’s folks? I understand 
that Uncle Eck is still with them. I think you need have no fears but that 
y'our party will win. Cox was in the city Sunday night, but I did not see 
him. 1 went to liear William .1. Bryan one night la'st week. Kemember me to 
the family. Sincerely, Ozell.” 

ii. Now I hand you the registration hook of the third ward, city of States¬ 
ville, and ask you to identify that, if you can, as being the lady that wrote 
that letter?—^A. Ozell; yes, that is her name. 

(}. Also read the entry made on the registration book.—A. Registered before 
county board of election. 

Cross-examination by Mr. Lewis : 

Q. iMiss Lewis was home here sometime during September, was she not?—x\. 
I really don’t mind uiien she was home. 

(2. She was here, after the amendment was ratihed, for a week or so, in 
Statesville?—A. 1 don’t remember vdien ; sometime during the summer, though. 

Q. Did you have a conversation, to ask her if she had registered?—A. No. 

Q. Did you see her?—A. Yes; she stopped in our house some time. 

(i. When was that?—A. Some time during the last of August; don’t think 
she was thore but a little while; just stopped in. 

C}. Don’t you know she told you that she registered before me, in Polk Ray 
Drug-Co.?—A. No, sir. 

That, when she registered, JMr. Morrow and IMr. Ray were both present?— 
A. No; she did not tell me that. 

Do you know Miss Grace Gaither?—A. No, sir. 

Q. I ask you if they were not at home about September 9?—A. I do not 
know. 

Q. I ask you if she did not come from Washington City about September 7, 
1920?—A. I really do not know. 

Q. You don’t know whether she was here before that time?—A. She was 
here sometime in the fall; I suppose about August or September. I really do 
not know ; did not keep any record of it. 

.Redirect examination by Mr. Dulin : 

Q. You do know, Mr. Sides, that you receivecl a letter from her on October 
27, 1920, in which she stated she was not going to vote because she could 
not intelligently vote, not being in the community and knowing conditions,- 
«tc.?—A. Yes; I know that. 

INIr. ROSS DAVIDSON testified as follows; 

Direct examination by INIr. P. P. Dulin : 

Q. Your name is Ross Davidson?—A. Yes, sir. 

Q. Where do you live, Mr. Davidson?—A. About 3 miles above Statesville. 

il What is your occupation?—A. 1 run a little grocery store. 

Q. Did you ever see a picture of President Harding surrounded by a group 
of Negroe.s?—A. Yes, sir. 

Q. Did they put one in your store?—A. Yes, sir. 

Q. Did you know who put it there?—A. I saw a crowd of boys put it under 
the show case up under the side of the glass. 

Q. How long did it stay there?—A. Something like between a half hour or 
an hour. I took it down from the side of the show case. 

Q. Why did you take it down?—A. Don’t know; one reason bec'aiise it was 
up there* in front of the stuff I had in the show ca.se; just took it down and 
tore it up on the show case. 

Q. What l)ecome of it?—A. I put it in the stove. 

Q. And burned it up?—A. Yes, sir. 

Q. Do you know the person who put it up there?—A. I knew at the time 
but don’t know now. 

Q. Did the person who put it up have any more of the pictures?—A. If they 
did, I did not see them. 

Cros.s-examination by iMr. Lewis ; 

(^ You are a Democrat are you not?—A. Yes, sir. 

Q. Was not discussed in the store at all?—A. Yes; they just brought it in 
there, and I tore it down. 

Q. Created no disturbance?—A. No. sir. 


260 


CAMPBELL VS. DOUGHTON. 


ivrr. D. W. SPEAKS testified as follows: 

Direct examination by Mr. J. J. Bkitt : 

Q. Yonr name is D. W. Speaks?—A. Yes, sir. 

(^. Where do yon live Mr. Speaks?—A. Statesville, third ward. 

Q. Is the third ward identical with the third precinct?—A. Yes, sir. 

Q. State whether you are a votei’ in that i)recinct.—A. I am, 

Q. How lonji- have you lived there?—A. About seven or ei^dit years. 

(}. State whethei- you were i-ejilstrar the summer of 1920.—A. I was not. 

Q. Whether you were registrar for the general election in 1920.—A. Ihirt of 
the time about two weeks. 

Q. Ph^oin \Aliat time to what time?—A. I served three Saturdays—the 8th, 
16th, and 23d of October. 

Q. Eighth, sixteenth, and twenty-third, were they the first three Saturdays 
of the registration period?—A. Last three. 

Q. Who served during the first period?—A, Clyde Alexander. 

Q. AVho administered the oath as registrar to you?—A. The deput.y clerk. 

Q. IVho is he?—A. Mr. Sharpe. 

Q. You remember receiving the oath, do you?—A. Yes, sir, 

Q. Swear you on the P>ible?—A. No, sir. 

Q. Uplifted hand?—A. Yes, sir. 

Q. How do you swear—on the P)ible or affirm with the uplifted hand?—A. 
Usually the Bible. 

Q. How much time did you occupy on the 8th, 16th, and 23d—the last three 
Saturdays?—A. About the entire days. 

Q. You recall wbat hour you arrived?—A. I think I was here by probably 
7 o’clock in the morning. 

Q. And what hour you remained?—A. Until sundown. 

Q. AVhat is the total registration in the three precincts of Statesville for 
the general election of 1920?—A. I think something like 2,.o00. 

(}. Is the registration l) 0 (»k here? Please ascertain the exact registration and 
let me have it Mr. Speaks.—A. I do not know for sure. 

Q. Do you say according to your understanding there are about 2,500?—A. I 
think so. 

i}. Of the 2,.500 voters on the registration book in the three precincts how 
many were on it when you took charge of the book?—A. About 1,100 new 
names added. 

(^, That is you mean to say you added about 1,100 new names?—A. Me and 
■ the registrar. 

Q. How many did you enter?—A. I could not say. 

Q. Would you say a thousand?—A. I would not say possibly there were 700 
or more T did not count them. 

Q. And you registered to the rise of 700?—A. I think so. 

Q. They were com])osed of men paid women?—A. Mostly women. 

Q. Democrats and Bepublicans?*—A. V'es, sir. ' 

Q. What qualification did you require before admitting them as registrants?— ‘ 

A. I gave them the required oath for being in the State two years, county six ! 
months, and precinct four months, I believe is the oath. « 

(}. Any other qualifications?—A. No, sir. ' < 

Q. INIade no inquiry as to whether or not they paid their poll tax?—A. The 
women did not have to pay. 

Q. This (luestion only applied to the men; did you make that inquiry to the ' 
men?—A. Did not to my knowledge, 

Q. How many of the total applicants of all who applied were re.iected regis¬ 
tration?—A. I do not remember a single one. 

Q. You think all who came were registered?—A. I think so, 

Q. Now, you occupied the 8th, 16th, and 23rd at the polling place did you?— 

A. Yes, sir. 

Q. How much time other than the 8th, 16th, and 23rd did you occupy at the 
polling place?—A. Not any at all. 

Q. I mean registering voters at the polling place other than on those days?— 

A. I did not put in any time except challenge day. 

Q. Now, liow many days, as nearly as you can estimate did you occupy away 
from the polling place canvassing, locating, and registering voters?—A. Well, 

I put in several days. 

(}. Would you say as much as 10 days?—A. No; I think I put in as much 
as six or eight days. ,1 

Q. This precinct is entirely urban?—A. No, sir. 1 


CAMPBELL VS. DOUGHTON. 


261 


Q. Extends beyond corporate limits?—A, Yes, sir. 

(}. How far beyond?—A. Three or four miles. 

(>. Eeyond corporate limits?—A. Yes, sir. 

Q. Well, you think you occupied as much as seven or eight days?—A. I 
would say six. 

(}. How did you travel?—A. P>y foot mostly. 

C^. Yh)u carried your registration book with you?—A. No; I did not. 

Q. Wliat did you take with you?—A. Got a book I carried and transcribed 
the names. 

Q. Carried a temporary book?—A. Yes, sir. 

Q. Now, in making this canvass of the city and suburbs for voters to register 
them in \vhat order did you proceed with your travel, go from liouse to 
house?—A. Practically so. 

Q. I think you called on 90 per cent of the houses, did you take them in- 
discriminatingly if A should be a Democrat and B a Kepublican and C alter¬ 
nating?—A. I think I did. 

(,,). Registered all Repul)licans as you did Democrats?—A. Registered every¬ 
body. 

Q. Y^ou did not discriminate in favor of one or the other?—A. I can’t say I 
did. 

Q. Did you refuse anylmdy registration on those grounds?—A. No, sir. 

Q. Did you have special calls to go any particular jdace?—A. Yes, sir. 

Q. Did you go to any particular gatherings?—A. No, sir. 

(L You went out at evening sun?—A. Did not go much after sundown. 

Q. Did you go where you found friends gathered together?—A. No, sir; I did 
not. 

Q. You were the only registrar at the time you were under oath and com¬ 
missioned as registrar?—A. l^s, sir. 

Q. What work was Mr. Kimmons performing?—A. Can’t tell you what his 
mission was; he did not tell me. 

Q. Who is he?—A. A carpenter. 

Q. Democrat in politics, one of the supporters and adherents of Congressman 
Doughton. As a matter of fact, don’t you know he was assisting you in get¬ 
ting up the Democratic voters?—A. That might have been his mission. I know 
we were together some and he went with others, too. 

Q. And I ask you if he did not at various places bring to your attention the 
voters of his belief?—A. I can’t say he did. 

Q. Did he ever bring any Republicans?—A. Did not bring any kind, 

Q. Was he making speeches?—A. We \^'ould go and call on the’ladies and 
would have to debate and get them to register—they would partly object some¬ 
time. 

Q. Did you know the politics of the houses where you called?—A. I did not. 

Q. When you found out thej" were friends of INIr. Doughton, and members of 
your party you persuaded them to register?—A, I was insisting on them regis¬ 
tering and (iid not ask which party they were going to afliliate themselves with 
until jifter they registered. 

Q. iNIr. Kimmons traveled in the car with you?—A. I think we were in the 
car once or twice along the last part of the two weeks. 

Q. He was out with you each day?—A. Not all the time. 

Q. He and you discussed the issues of the voters where you went?—A. Not 
specially. 

Q. Did you do it generally?—A. I hardly ever discussed that matter. I let 
them register and vote as they jdeased. Some refused to register at all; some 
Republicans would not register with me. 

Q. You saw Mr. Kimmons display the Harding picture did you?—A. No; I 
can’t say I did. 

Q. You saw him with it?—A. Don’t remember whether I did or not. I saw 
a i)icture where they were doing some carpenter work. 

Q. Where was that?—A. At a INIr. May’s house. 

Q. I ask you refresh your memory and see if he did not carry one or more 
of these pictures on the journeys?—A. No, sir. 

Q. AVhat position was the i)icture in when you saw it?—A. Laying on the 

porch. . * XT 

Q. Did you see Mr. Kimmons at the station with it on one occasion?—A. No, 

sir. 

Q. Nobody else with it there?—A. No, sir; I did not. 

(,). Mr. Speaks, will you please get possession of the registration book?— 
A. Yes, sir. 


262 


CAMPBELL VS. DOUGHTON. 


Q. Are all the names in your own handwriting after yon became registrar?— 
A. No, sir. 

Q. Who put them on for yon?—A. I had a Miss INIcClendon helping me 
transcr l)e tliis hook. 

Q. All the transcribing was by yon or some one under your direction?— 
A. Yes, sir. 

Q. Yon were responsible for the names that went on your list?—A. Yes, sir. 

Q. Will yon please turn to the name of A. R. Anderson?—A. Allan R. 

Q. What number is it?—A. It is not numbered. 

Q. Not numbered?—A. No, sir. 

Q. Turn to the name of Mi-s. B. E. Adams?—A. I can’t find the name. 

Q. AVere you one of the poll holders?—A. No, sir. 

Q. AAdiy were you not?—A. AA^ell, I resigned. 

Q. Before the election?—A. Yes, sir. 

Q. AA’ho was the registrar poll holder on the day of election?—A. Mr. J. R. 
Alexandei’. 

Q. Mr. Speaks, did INIr. Sharpe make a demand on you for the registration 
hooks—do you remember the date?—A. I think Mr. Shar])e came over to my 
house on Tuesday evening late about 5 o’clock, to l)est of my recollection, after 
the hooks closed on the 28d. 

Q. And demanded to see the books?—A. He demanded copy of the registra¬ 
tion book. 

(}. l)id you give it to him?—A. I did not. 

Q. AVhy did you refuse it?—A. I told Mr. Sharpe I was not absolutely sure 
whether he was entitled to a copy of it or not, ami it would not be possible for 
him to get it before the 30th. 

Q. AVhy did you refuse to let him have a copy?—A. I was busy transcribing 
the book. 

Q. He offered to pay you for it?—A. Yes, sir. 

Q. As a matter of fact, you did not want him to see the list?—A. I did not 
care. 

Q. I ask you if you had not been told to not let him see the hook?—A. No, sir. 

Q. Had you advised with anyone in regard to it?—A.- No, sir. 

Q. Do you remember anything about his saying he was going to sue you?—A. 
Yes; he threatened to sue me. 

Q. But notwithstanding that he threatened to sue you and told you it would 
be thrown out of court, you refused to let him have a copy of the book?—A. 
I was not clear as to whether he was entitled to it or not. 

Q. Do you suppose if he had gone to tlie clerk of the court and asked to see 
a deed he would not have been ])ermitted to see it?—A. Yes, sir. 

Q. Are not the registration of the voters a public rec'ord?—A. I suppose so. 

Q. Contains names of Democrats and Rei)ublicans?—A. Yes, sir. 

Q. AVhy did you think it belonged to you as an officer and member of the 
Democratic Party?—A. I thought it belonged to me at that time. 

(}. And notwithstanding the tender of money and threatening to sue you, you 
did not give him a copy?—A. No, sir. 

Q. You told him you could not give him a copy before the 30th?—A. Yes. sir. 

Q. You knew the election was on the 2d?—A. Yes, sir. 

Q. The 30th was challenge day; how do you suppose of the 2,500 names on 
the registration book Mr. Sharpe would he able to get any record, of the men 
who were challenged if you did not let him have a copy until challenge day?— 
A. That is so; but I did not think we could all get a copy with all the work I 
had to do. 

Q. You let him .see it on challenge day?—A. It was open for imhlic inspection. 

Q. Did you let him have it in his hands?—A. He could look at it. 

Q. AVhat time did you get here?—A. About 9 o’clock. 

Q. And what time did IMr. Sharpe come?—A. After noon. 

Q. So, notwithstanding the fact that there were 2,500 voters on the regis¬ 
tration list, Mr. Sharpe may have had reason to believe that many were 
challengeable, and he was not permitted to see it until challenge day, at least 
after 9 o’clock when you came; that is true, isn’t it?—A. AVell, he did not call 
but one time. 

Q. AVell, he could not have seen it until after 9 o'clock?—A. No, sir. • 

(}. Mr. Spejiks, will you undertake to say for this record that all pi^ople who 
voted on election day had their names on the registration book?—A. I could not 
say; I registered all the people I came in contact with and wanted to register 




CAMPBELL VS. DOUGHiaN. 


263 


Q. So if there were men aiul women who voted that day and whose names 
do not appear there now, they were not registered, were they?—A. I could not 
tell you about that. 

You do mean to say, Mr, Speaks, if I understand you, that the register 
closed in your hands and that nobody had any authority to put any names there 
after you closed the register?—A. No; I don’t think they did, 

Q. Do you know wliether there were any of the so-called grandfather-clause 
voters holding certificates prior to 1908 in your precinct?—A. I remember one. 

Q. Did you require him to present the certificate?—A. I did not. 

Q. Did you swear him?—A. I did. 

Q. IVhere did he say his certificate was?—A. He presented it, 

Q. Say there was hut one?—A. All I remember of. 

Q. INIr. Speaks, do you rememher registering Misses Mamie and Grace Eaton?— 
A. No; I do not have any direct memory of that. 

(}. Do you know them?—A. No, sir. 

Q. Do you know anyone of the name of Eaton who are voters in your pre¬ 
cinct?—A, Do not. 

Q. You do not know any school-teacher by the name of Eaton in your pre¬ 
cinct?—A, No; I may have registered some, but don’t rememher the names now. 

Q. Mr. Speaks, do you recall receiving an absentee vote from Clyde Bass?— 
A. I think I rememher that I know the gentleman, 

(}. Do you know Clyde Bass?—A. Yes, sir. 

Q. Whei-e is he?—A. In South Carolina working now. 

Q. What is the nature of his absence?—A. I think he is off at work. 

Q. What did you do with that ballot?—A. I turned it over to Mr. Alexander. 

Q. Your successor as registrar?—A. I turned them all over to him; I suppose 
that was in it, 

Q. How did you receive these absentees?—A. Came terough the mail. 

Q. Ph'om whom?-^A. 1 do not know whom. 

Q. Were there any who were sick and voted upon affidavit or doctor’s cer¬ 
tificate?—A. I suppose there was. 

Q. But you say you were not present on the day of election and do not 
know?—A, No. .s'ir; I do not know about it. 

Q. At the time of election each certified to a list of absentee voters registered 
by liim?—A. Yes. sir. 

Q. You received if through the mail?—A. No; he handed it to me. 

Q. Can you produce that list?—A. No; I do not know where it is. 

C}. What disposition did you make of it?—A. I turned all the hooks over to 
INIr. Alexander. 

Q. Did you tui'n this over?^—A. I think I turned all books over to my suc¬ 
cessor when I resigned. 

Q, You voted on the day «d‘ election?—A. Yes, sir. 

Q. Did you vote direct or absentee?—A. Direct, personally. 

Cross-examination by INTr. Turner : 

Q. ]\Ir. Speaks, while you were acting as registrar, did you give everybody an 
op])ortunity to reg'ster?—A. I think I did; I tried to. 

Q. Did you treat Democrats and Republicans alike?—A. Hard for me to tell 
them apart, they all l(H)ked alike to me. After I got through registering them I 
asked the question which party they were going to affiliate with and I would 
put down K and 1) after their name, and it looked to me like there was lots of 
Republicans when I got through. 

Well, no one lost their right to vote by any act of yours?—A. I don’t know 
of any. 

Q. I will ask you if you do not find the name of V. E. Adams?—A. I did not 
understand the initials. Yes; it is there. 

Q. You looked and did not find any B. E. hut did find V. E.?—xV. l’'es, sir. 

(}. You spoke ahouf IMr. Sharpe coining to see you and asking for copy of the 
registration hook; you say you declined to give it and stated you were busy?—A. 
I was. 

C^. You did not liave time to copy 2,500 names?—A. No ; I was very hus.y. 

Q. It would have taken you some time to transcribe it?—xV. Yes; that is the 
reason I had to get help. 

Q. Did he tender you any money?—A. Y^es; I believe he had $10. 

Q. Did he call any more to get a copy?—^A. He did not. 

Q. Did he sIh^w you or quote to you any section of law that gave him authority 
to demand the book?—A. He did not. 


264 


CAMPBELL VS. DOUGHTON. 


Q. You were under the impression that he was not entitled to it?—A. That 
was inj" belief of it. 

Q. And you drew a distinction of what is known as rescister book and the poll 
book, the poll book is the name of the voter which goes down as they vote? A. 
Yes sir 

Q. You did not have that and could not have it until after election, could 
you?—A. No, sir. 

Q. Now, then on challenge day were you there and did you give him privilege 
to inspect the book?—A. It was open for inspection to any and all. 

Q. Did he inspect that book?—A. I believe he was in there some of the 
Saturadys but am not positive about it; a good many did come in. 

Q. If he did not others did who represented Ins party?—A. Yes. sir. 

Q. Who else came and inspected them?—A. Mr. C. M. Adams, Dewey Rainer, 
and Mr. Bob Sharpe. 

Q. And they inspected and handled the book themselves?—A. Yes. sir; I 
thought they got the information desired. 

Q. You transcribed this book, didn’t you?—A. Yes, sir. 

Q. In transcribing is it possible you may have left some name off?—A. Pos¬ 
sible, but not intentional. 

You were asked about the Misses Eaton; do you remember they lived over 
here with Mrs. Ellis; you remember Alfred Turner, he died some eight years 
ago; you remember Mrs. Ellis lived over there a widow woman. Don’t you 
know these girls are her daughters and live here in Statesville?—A. I don’t 
know about that. 

Redirect examination : 

Q. You said it would have taken you some days to copy this book?—A. Y^es; 
the time I could put at it. 

Q. Took (piite awhile to read it?—A. Yes, sir. 

Q. As shown by your results here, it would take a long time to find some 
name on it?—A. Yes. sir. 

Q. And yet by your act the members of the Republican Party were not able 
to see it until challenge day?—A. Yes; the book was open each Saturday. 

Q. I ask you if you know of a single man who inspected this book on chal¬ 
lenge day?—A. No, sir. 

Q. It would have taken days to copy it, and how would you expect these folks 
to know whether they could or could not challenge the voters, they did not 
know' the voters, every name they incpiired about they had to get from you?— 
A. They would turn to it themselves, the book was open, or ask about it and 
find it. 

(}. You remember the amount you received as registrar compensation?—A. 
$2(11; and I did a whole lot of work for it, too. 

(). And you know that that money came out of the public treasury?—A. I 
think so. 

(}. And you know' that the public treasury is replenished and supported by 
Democrats and Republicans, and yet until challenge day you denied them the 
right to see the book for w'hich they were paying you?—A. I did not deny 
them that right. 

Q. You never accepted pay to give them a copy, and notwithstanding. the 
threat to sue you, you would not give them a copy?—A. I could not; it w'as not 
possible. 

Q. And yet they w'ere given a few' hours on challenge day to inspect these 
2,1500 names; you never gave it to them, and they had no right except on chal¬ 
lenge day?—A. They never asked for it but that one day. 

Recross-examination : 

Q. Did you give the Democrats a copy of the registration book?—A. No, sir. 

Q. You said Mr. Sharpe asked you for copy of these names on Tuesday after 
the last Saturday, which date would be {d)out the 2()th or 27th of October, and 
you did not have it before five days, including one Sunday, and you could not 
have done your w'ork and copied those names?—A. I could not have done it. 

Q. On any other account would you have denied any one the right to inspect 
that book?—A. I w'ould not. 

i}. The only thing you refused was to make a copy on the ground that you 
did not have time?—A. I w'ould have made a copy after that, if they would have 
paid for it. 

(}. They did not come l)ack any more to see about it?—A. No; they did not. 


CAMPBELL VS. DOUGHTON. 265 

Q. Now, I ask j'oii if they di«l not have access to and inspect that registration 
book with the Democrats?—A. I think so. 

Q. I will ask yon if they did not in.spe(‘t it more than the Democrats?—A, 
I do not know but what they did on the regular Saturdays. 

Q. Did you tind rhem around that book more than you did the Democrats?— 
A. Well, there was some of all parties in there most of the time. 

Redirect examination: 

Q. As a matter of fact, you do not know a single Republican that ever in¬ 
spected .vour books?—A. I do not know a one. The.v did come in and see if 
certain names were registered and brought in .some. 

Q. The Democratic men insi)ected it whenever they wanted to?—A. Sure. 

Q. You did not have to make coi)ies for them because you were one of them, 
and they had free access to the books?—A. The book was open on those days, 
and if they wanted to come in and look at it it was all right. 

Mr. A. W. BITNCH testilied as follows: 

Direct examination by Mr. P. P. Dulix : 

Q. Your name is A. W. P>unch?—A. It is. 

Q. Where do you live, Mr. Bunch?—A. Ward 1. 

Q. How long have you been in the city of State,sville?—A. Ten years. 

Q. Do you know Mr. B. B. McCormack and i\Irs. J. L,?—A. Yes, sir, 

Q. How long have they been here. Mi\ Bunch?—A. The.v moved to States¬ 
ville, to the best of my recollection, the early part of the summer of 1919. 

(}. Where did they come from?—A. Virginia. 

Q. Do you know what month in 1919?—A. I do not, but it was the early part 
of the summer. 

Q. They had not been in the State two years prior to the election in Novem¬ 
ber 2. 1920?—A. Well, I Inul not figured ip) that they came here in 1919.* 

Q. Do you know their politics?—A. No; I do not. 

Mr. J. R. ALEXANDER testified as follows: 

Direct exjimination by Mr. J. J.- Britt : 

Q. Your name is J. R. Alexander?—A. It is. 

Q. You were for ])art of the time registrar?—A. I was on election daj", 

Q. W hat time of the day did yon open the absentee ballots?—A. Three o’clock. 

Q. How many were cast?—A. I don’t remember; 150 or 175, as well as I 
remember. 

Q, Did you yourself open the envelopes?—A, Y"es, sir. 

C}. From whom did you receive these envelopes?—A. From Mr. Speaks; all 
in a box. 

Q. Were they straight ballots or certificates of solid ballots?—A. I think 
straight ballots, as well as I remember, 

Q. And no certillcates in with them at all?—A. Y'es; there were certificates. 

Q. What disposition did you make of these ballots and certificates?—A. I 
opened them and then handed them over to the .iudge and they were put back 
in the box. 

Q. What was finally done with them?—A. Don’t know; I left them there and 
the box was sitting there the hist time I saw it. 

Q. Have you seen those certificates since?—A. No, sir. 

Q. Do you know where they are?—A. Do not. 

Q. If the law required that these certificates should be sealed up and re¬ 
turned by registi-ar you did not perform your legal duty, did you?—A. Well, 
they were not marked on the back of the certificates. 

Q, What did you do with the list, if you ever had it, of the absentee voters?— 
A. Did not see any list. 

Q. Do you know these absentee voters?—A. Some of them. 

(1 Sa.v there were about 135?—A. I do not rememlier; there may have 
been 200. 

Q. But you do know the certificates are not available at this time?—A. I do 
not know where they are. 

Q. IVould you undertake to produce them?—A. No; I don’t know where 
they are. 

(Counsel for contestant. Dr. James I. Campbell, asked of the witness. Mr. 
J. R. Alexander, registrar and poll holder in precinct No. 3 of the city of 
Statesville for the election November 2, 1920, to produce all envelopes con- 


266 


CAMPBELL VS. DOUGHTON. 


taining absentee ballots and certiticates or absentee ballots or certiticates, and 
all absentee ballots and eertilieates voted on that day, to produce tlieni for the 
hearing that he may be further examined thereof, and he faiis to do so.) 

Q. Who opened the envelopes?—A. I opened them. 

Q. By whom were you sworn?—A. J. A. Hartness. 

Q. I ask you if the polls were not opened before the llepublican judge arrived 
on the grounds?—A. Yes; he did not get there on time. 

Q. How long?—A. Something like 10 or 15 minutes. 

Q. What time did you open?—A. Sunup. 

(^. You think 15 or 20 minutes?—A, Just had gotten started when he came in. 

Q. Plow many do you think had voted—200?—A. Don’t think there were that 
(many. 

Q. Up to that time you had only two poll liolders?—A. Yes; we phoned for 
him and think sent for him; he did not show up on time. 

Q. Do you tliink 1(X) or 150 voted?—A. No; I don’t think there was that many. 
I would not say, because I dont’ know. 

Q. Where was this voting precinct?—A. Courthouse. 

Q. In this courthouse?—A. Yes. 

Q. You saw this Harding picture displayed that day?—A. No, sir. 

Q. You were present when the row occurred?—A. I was in the back. 

Q. You knew the riot was about the picture; you had seen it there?—A. No; 
I do not think I noticed it; I had seen it before the election. 

Q. And you understood that this riot was about this picture you knew that 
that day?—A. No; not that day I did not. 

Q. You know the absentee voter, Clyde Bass?—A. Don’t tbink I do. 

Q. Do you know if he voted absentee at that time?—A. I do not know. 

Q. Do you know anything about his vote?—A. I do not. 

Mi:. KIMMONS testified as follows: 

Direct examination by I\Ir. J. J. Britt : 

Q. Your name is Mr. Kimmons?—A. It is. 

Q. You were a sort of assistant or deputy registrar to Mr. Speaks, were you 
not?—A. No; I just went around with him for a few days. 

Q. You went around electioneering for the Democratic thirty?—A. Not spe¬ 
cially. 

C). You did not discuss that ou the route?—A. I did not. 

Q. Didn’t you coi-ral and relay them up a little?—A. Did not. 

Q. What were you doing?—A. .lust around with INIr. Speaks. 

Q. Did you do anything at all?—A. Not specially; I went out with Dewey 
Itamer, too. 

Q. I>id you have any function or purpose at all Mr. Speaks was not out on 
a lark?—A. I was just out with him.- 

Q. Never talked pol tics from the time you started until you got back?—A. 
Yes; probalily mentioned it. 

Q. Don’t you know that you were around for the purpose of hunting up 
Democrats; out with it?—A. No, sir. 

(}. That is not what you were doing?—A. Did not bring any of tbem up at alL 

(). I am afraid you were not veiw faithful. You did show that piece of art, 
that Negro picture?—A. INIr. Mills was up on the i)orch where I was working. 
Mr. INIalcom was up there, and I asked him if I could have the picture, and he 
said to go ahead and take it and brought it up this way. 

Q. Did you bring it over town?—A. Had it in my pocket. 

Q. How many did you show it to on the way?—A. Mr. INIills. 

Q. How much pay did you get, if any?—A. Not any. 

Q. Just out for the joy of going around?—A. Yes, sir. 

Cross-examination by ]\Ir. Turner: 

Q. That was during business depression when all work had stopped, you were 
out of work and had nothing to do and had to be entertained and so went around 
for some entertainment?—A. Yes, sir. 

In open bearing J. G. Lewis, counsel of the contestee, admits that J. .1. Leroy, 
of StatesviUe precinct No. 4, was a voter in said i>recinct, was between the ages 
of 21 and 50, voted for Hon. K. L. Dougbton for Congress; that he was liable 
for poll tax for the year 1019, and failed to ])ay same on or before May 1, 1920. 

Also that F. M. (’unningham, precinct 4, State.sville, voted in said prkunct for 
Hon. K. L. I Knighton for Congress; that he is between the ages of 21 and 50 




CAMPBELL VS. DOUGHTON. 267 

liable for poll tax for the year 1919; and that he failed to pa\: same on or before 
the 1st of May. 1920. 

That A. M. Rrawley is between the a^tes of 21 and 50, voted for Hon. R. L. 
Don^hton in the November election, 1920, and had not paid his poll tax for the 
tax year 1919, beinp: liable for such tax. 

In o[)en hearin^j; it is admitted by .1. (1. Lewis, counsel for contestee, that Carl 
M. Morrison is between the aj;e of 21 and .50, liable for the payment of poll tax 
for the year 1919; that he had not ]>aid said poll tax; and that he voted in the 
November 2, 1920, election for Hon. K. L. Doughton for Congress in Shiloh pre¬ 
cinct.. 

It is further agreed that this person was discharged from the Army some time 
in .Tune, 1919, and was a soldier in the late war with Germany. 

Mr. I), ]M. RAMER testified as follows; 

Direct examination by IMr. .1. .1. Britt: 

Q. Your name is D. M. Ramer?—A. Yes. 

(}. What is you)' position?—A. Attoi'ney at law. 

(}. State whether or not you were present in precinct No. 3, city of States¬ 
ville, at the time of the November election, 1920.—A. Yes. 

Q. Sttite whether you kepi a list of absentee votes cast that day.—A. Yes. 

(b State how many of these wei'e Republicans to your knowledge.—A. Twelve. 

Q. State whether so far as you know the remainder were Democrats.—A. So 
far as T know. 

(^. Do you remember the total vote cast in the precinct for Hon. R. L. Dough¬ 
ton?—A. I do not. 

State if it is shown that the total vote cast for''Hon. R. L. Doughton was 
1,130.—A. Yes, sir. 

Q. Total for Cam]ibell, 494. If INIr. Doughton I'eceived 1,1.30 votes and Dr. 
(^ainjibell 494, then Mr. Doughton received something over two votes to one for 
Campbell?—A. Yes, sir. 

Q. If there wei'e 160 absentee votes cast and 12 were, as you say, cast by Re¬ 
publicans, the remainder so far as you know Democrjits, then the absentee vote 
cast for IMr. Doughton is 12 times as great as that cast for Campbell?—A. Yes, 
sir. 

Q. Do you know any reasonable or practical means of accounting for this 
very great discrepancy betweiMi the aggregate vote cast for Doughton and that 
cast for Camiibell?—A. Why, no; I have not. 

(). Then I will ask you this question : If it is true that the aggregate vote 
cast for Mr. Doughton was something over two to one than that cast for Camp¬ 
bell, and absentees cast for Doughton twelve to one for that cast for Campbell, 
you answered you have not any means of telling between the discrepancy be¬ 
tween the candidates?—A. I have not. 

Q. I will ask aliout the tickets: Do you know what became of the tickets and 
ballots?—A. The ballots were deposited in the box. I thought the certificates 
were given back to IMr. .1. R. Alexander, the registrar, and put back in the en¬ 
velopes in the bCfX he had them in when he brought them to the polling place. 

Q. But you do not know what final disposition was made?—A, I do not. 

Q. Do you recall whether Mr. .1. PI. Hartness was handling and reading these 
certificates?—A. The envelojie containing the ballots were opened by IMr. .T. R. 
Alexander, the registrar, and ballots were handed by him to Mr. .1. PD. Hartness 
and he deposited the ballots in the box. 

Q. Do you know, Mr. Ramer, what proportion of these absentee ballots were 
cast by certificates and what by ballots alone?—A. From my best observation, 
about one-thii'd of them were certificates and about two-thirds straight ballots. 

Cross-examination by Mr. Lewis : 

Q. IMr. Ramer, you do not intend to say how these people voted—all of 
them?—A. The ballots were handed by the registrar to .T. A. Hartness and if 
it was a straight ballot it was deposited in the box without the politics of the 
ballot being called out; if certificate it was called out by me.< 

Q. You (io not know how those voting with ballots voted?—A. I do not. 

Q. Now, Mr. Ramer, in your office did the Republicans have a meeting to 
discuss the proposition in regard to challenging for nonpayment of poll tax?— 
A. No; not in my office. 

Q. Were ,you in the meeting?—A. Y"es. 

Q. What was done at that meeting?—A. The question of entering into an 
agreement with the officials of the Democratic oi'ganization was discussed and 



268 


CAMPBELL VS. DOUGHTON. 


a majority of those present decide:! to enter into an agreement of that kind. 

Q. An agreement of tliat kind was entered into?—A. I do not know of my 
own knowledge tliat it was. 

Q. It was generally reported that it was entered into; you understood it 
was such before the election?—A. Yes, 

Q. They were not challenging on the ground of nonpayment of poll tax, and 
it was further agreed that no candidate would take advantage of that agree¬ 
ment?—A, That feature was not discussed, 

Q, Now, ]\Ir, Rainer, in regard to the soldier, there was an order entered 
here by the commissioners; did you hear about that order?—A, I have heard 
that; I do not know it of my own knowledge, 

Q, Do you know whether Mr, Weatherman went before the commissioners?— 
A. I do not, 

(y Y^ou know soldiers are being challenged for nonpayment of poll tax?— 
A. I have understood so, 

Q, Challenges in this contest now?—A, That is my information, 

(}, That one, Carl M, Morrison, a soldier who admits he was discharged 
from the Army after i\Iay 1, 1919, further admits his poll tax was not paid 
for the year 1919, was challenged by the contestant. Dr, James I, Campbell. 
In open healing this afternoon that the contestee Hon. R. L. Doughton, asked 
that no soldiers lie challenged for the nonpayment of poll tax. 

Redirect examination: 

Q, Referring to the so-called understanding of the nonpaid poll tax. Dr. 
Campbell was not present when this agreement was entered into?—A. He was 
not. 

And no person spoke for Dr. Campbell?—A. No. 

Q. Nothing was said by anybody else to undertake to bind Dr. Campbell to 
such an agreement?—A. Nothing at all. 

Q. You have stated you were an attorney-at-law; I ask you as such if the 
county commissioners of Iredell have any constitution, statutory, or any means 
of exempting anyone from the payment of poll tax except on the grounds of 
poverty and infirmity?—A. That is my understanding. 

Q, I ask you if you have any knowledge of anyone who was exempt from 
the payment of poll tax was exempt on the plea of poverty and infirmity?—A. 
I have no knowledge. 

Q. Have you ever heard?—A, I have not. 

Q. Have you ever seen any certificates of any soldiers or any other person 
who d:d not pay his poll tax?—A. I have not. 

Recross-examination: 

(}. Mr. Rainer, you were asked if IMr. Campbell was present at that meeting 
when it was agreed not to challenge for the nonpayment of poll tax an;l you 
answered no. I ask you whether it was not generally understood that no can¬ 
didate was to take advantage of it?—A. The liepublicans from different parts 
of the county met here to discuss this among other things and it was decided, 
by a majority of them that it would he expedient for us to make that agree¬ 
ment, and it was made and, I suppose, left to the various candidates to say 
whether they wink! stand up to it or not. 

Q. AVho was on the committee with you?—A. Mr. Wagner, Bristol, and my¬ 
self. 

Q. And Mr. J. M. Sharpe chairman of the Republican executive committee 
of Iredell, was present at the meeting?—A. Yes. 

Q. And it was, I believe, a majority that this agreement be entered by the 
two ])arties of Iredell County?—A. It was', I believe a majority of the persons 
pi-esent at this meeting, 

(}. Now, if the candidates could take advantage of this it would not amount 
to much, would it?—A. No. 

Q. Have you talked with Mr. Bristol about tlrs matter? I ask you a direct 
question : Did Mr. Bristol state that Dr, Campbell knew of this agreement be¬ 
fore the elec-tion?—A. I do not recall that I ever heard Mr. Bristol say Dr. 
Campbell knew of this matter. 

Q. AVho did you hear say that?—A. I don't recall. 

Q. Did not the Democratic Party carry out this agreement?—A. So far as a 
know, they did. 

(Contestant objects.)- 


CAMPBELL VS. DOUGHTON. 269 

Q. So far as you know, no one has broken faith with this except Dr. Camp¬ 
bell?—A. No. 

The contestee, Hon. R. L. Donshton, reads into the record the following: 
“Orders of the commissioners of Iredell Comity, States\dlle, N. C., Fehrmiry 14, 
1921: By order of the Board of Commissioners of Iredell County, A[)ril 1. iOlS. 
It is ordered hy the board that all citizens of Iredell County who have bee^l• 
selected and called to arms in the woild conflict now rafiing: between the 
nations of the earth they are hereliy exenpit from the payment of poll tax dur¬ 
ing; their service in the L^nited States Army. I, W. H. INIorrow, rejtister of deeds 
and clerk of the hoard, do hereliy cei tify that the above is a time copy of the 
minutes of the Board of County (Commissioners of Iredell County as passed at 
their rejtular meeting on the fli-st Monday in April, 1918, same being the first day 
of April, 1918. Signed, W. H. IMorrow. clerk.'’ 

Also the following order of the commissioners; “By order of the Board of 
County Commissioners of Iredell (’ounty, February 2, 1929. It is ordered by the 
board that all men in the service of the United States Army who returned home 
and were released from service prior to ^lay 1, 1919, to be exempt of the pay¬ 
ment of poll tax for the year 1919. I, W. H. Horrow, register of deeds and 
clerk of the hoard, do hereby certify that the above is a true copy of the min¬ 
utes of the Board of County Commissioners of Iredell County as passed at their 
regular meeting held on the first INIonday in February, 1920,, the same being the 
second day, 1920. Signed, W. H. IMorrow, imgister of deeds. 

To the foregoing statements counsel for contestant rejoins by inserting in the 
record the following statement of the law governing the payment of poll tax in 
North Carolina up to and including the election held November 2, 1920, as 
follows: “The two said certificates of record of the proceedings of the Board 
of County Commissioners of Iredell County are wholly null and void and of no 
effect for the reason that the said l)oard of county commissioners are wholly 
without any warrant or authority of law for the passing and making of record 
of such orders, the only law governing the subject being the constitution that 
the county commissioners of the several counties may exempt from the payment 
of poll tax persons between the ages of 21 and 50 years solely on the ground 
of poverty and infirmity. 

“And for the further reason that if said board of commissioner had authority 
to exempt persons as in said certificates claimed they could only he exempted 
by individual names, specifications, and addess, which certificates must be 
evidenced by records of exemption in each individual case, whereas the so-called 
purported record of exemption claims to exempt large masses of voters in a 
bulk, without giving their names, ages, residence, or other data by which their 
identity could be proven.” . 

Mr. J. M. SFIARPE testified as follows: 

Direct examination by ]Mr. .T. J. Britt: 

Q. Your name is Mr. J. M. Sharpe?—A. Yes, sir. 

(F Where do you live, Mr. Sharpe?—A. Third ward, Statesville. 

(). Are you a voter in this precinct?—A. Yes, sir. 

Q. How long have you been such?—A. Well, for several years; I could not be 
sure. Mr. Britt, I have lived in and out of the ward, lived in second ward for a 
while. 

Q. State what official connection you had, if any, with the conducting of the 
last election.—A. I was Republican county chairman. 

Q. I>id you have any connection with the holding oT the election at any of the 
polling places?—A. I was at the third ward. 

Q. I ask you to state for the record, in your own words, any occuri’ences, hap¬ 
penings, or'matters which, in your judgment, constituted irregularities at the 
election on that day?—A. I would have to start at the hegimung in order to do 
that, IMr. Britt. I was there before sunup and the boxes were brought out hy two 
Democratic judges and put in ])lace and had locks on them. The voting started 
without the Republican judge being there, to which I objected and asked them to 
wait, as I thought we had plenty of time, a good many pe(>ple began to gather, 
but I did not think the sun was up. The judge came in a few minutes and the 
voting was proceeded without the judges being sworn, and I did not thing that 
was i>roper. 

O. You say no one of the judges was sworn?—A. Not at that time. 

Q. Were thev during the day?—A. Not that I saw. 

Q. How long did you linger about there, continuously after the opening of 
the polls?—A. I was there virtually all day. 


270 


CAMPBELL VS. DOUGHTON. 


Q. And the judges were not .sworn?—A. No, sir. 

Q. What were you about to mention about the boxes?—A. They came out 
locked and remained so all day. 

Q. You mean to say they were locked at the time of the opening of the polls?— 
A. Yes, sir. 

Q. I ask you whether they cut holes for the tickets?—A. They did on top. 
This Negro picture which has been around, too, was framed and hung over the 
Republican ballots. 

(}. What do you mean by Republican ballots?—A. There was a table on one 
side of the hall which the Ilepublicans used for their ballots and the other side 
the Democrats used, and over tlie Republican table was this Negro picture, which 
was framed. 

Q. State whether it was thei'e when you went in the morning?—A. No, sir. 

(y Who brought it in?—A. I could not be sure; I did not see it brought in. 

Q. About what time was it bi-ought in?—A. Early. 

Q. Was it put in a very conspicuous place?—A. Just immediately over the 
ballots. 

Q. Did you intercept or object to it?—A. I did, and Mr. Horace Yount, a 
prominent Democrat, agreed with me and thought it should be taken down. He 
went back and some objected to it being taken down and turned its face to vhe 
wall tirst, and after it was taken down. 

Q. Mr. Yount is a prominent Democrat, supporting the Democrats at the 
polls, but did insist that this was not proper?—A. He did. Then the election 
proceeded all day very rapidly, people were lined up and no names checked 
over with the exception of two Rei)ublicans. which the registrar undertook to 
look up but never did tind them, so he asked the parties if they had registered 
and, when they said they did, he allowed them to vote. 

Q. Do you mean that the applicants were permitted to vote without the 
verification of his name on the registration book with the exception of these 
two Republicans?—A. Their names were not found. 

(}. So, if A or B came up and offered to vote he was voted on his offer?—A. 
Yes, sir. 

(}. Who had the register in keeping?—A. INIr. Alexander. 

Q. Is that the gentleman who Avas on the witness stand before noon?—A. 
Y^es, I can’t think of any other irregularities until the row started in the after¬ 
noon, with the exception that they paid no attention to our challenges during 
the day. 

(}. Explain that, how were they made?—A, YYell, if one AA^as challenged they 
Avould say Ave have no time to fool here and Avould just go on and Amte and pay 
no attention to us. 

(y Who Avould say that?—A. The judges or AvhoeA’er Avas presents 

Q. Were they Democrats or Republicans?—A. They Avere Democrats; they 
Avanted to get the vote in. 

Q. I ask you if sevei-al persons Avere challenged?—A. Yes; I did make 
several challenges at that time. I had made a feAv on challenge day. 

(j. Were any considered?—A. No attention was paid to them. 

Q. So you don’t know, and no one else knows, whether they AA’ere qualified 
voters or not?—A. No, sir. 

Q. The issue aa'us not tried?—A. It Avas not. 

Q. Anything else generally if not specifically as to individual ii-regularities? 
Y’'ou sai(l until the roAv in the afternoon; Avhat do you mean by that?—A. There 
was a fight just above the ballots Avhere the boxes Avere, 

Q. Wliat did it start about?—A. I Avas not present and did not see it. 

Q. What AA’as it about, have you heard?—A. About the Negro picture Avhich 
Avas hung up. 

Q. Do you knoAV Avho hung it up?—A. I do not knoAV of my oAvn knoAvledge. 

Q. Hoav long Avas it kept down?—A. My information is it Avas put up several 
times. • 

Q. Do you knoAv Avhom the fight aa^us betAveen or any of the particulars on 
either side?—A. I could see Mr, MorroAV and Mr. Conor, I suppose they Avere 
as far from me as you are. 

Q. Who are they?— A. Tavo of the principals in the fight. 

Q. On opposite sides?-A. Mr. MorroAV had helped keep the record l)efore 

he got filled up. 

Q. On righteousness?—A. I did not see Avhat he was taking, gentlemen, but 
don’t think it was. 



CAMPBELL VS. DOUGHTON. 


271 


Q. Ho\v serious did the tight become?—A. I remained at the box and did not 
see the wind up. It created (luite a disturi)ance there. 

(}. And the cause of the disturbance was the suspending of the picture?—A. 
My understanding is that it was the picture. It was a picture of Harding sur¬ 
rounded by a number of negroes purporting to he running on the ticket with 
him in Ohio. 

(}. Any other matters of a general character?—A. There were a number of 
irregularities during the day. A number of people voted I did not think had a 
right to vote. 

Q. Have you any specitic cases or names to whom you refer?—A. Yes; I 
made a memorandum. 

(}. Please so i-efer and make your observation as you call the name?—A. 
For instance, a vote No. 957, Mrs. George Anderson, it seems that she vote<I in 
person; I do not recall seeing her, and during the day an absentee vote was 
put in for her. 

Q. So she voted in person and also an absentee vote?—A. Yes. 

(1 Wliat are her politics?—A. Democrat. 

Q. And presumably voted for Hon. R. L. Doughton?—A. That is my under¬ 
standing. 

Q. What else?—A. IMr. B. F. Bell’s family, I note they voted three of them. 
He had tried to sell me some stock when he went to Florida just before he 
left, and when he came hack there was some talk of buying a piece of property 
which I was interested in. and he told me he went down there and bought 
property and came hack here, so when he went to vote I challenged him. 

Q. How long had they been away?—A. About a year. 

Q. His family, carried them with him?—A. His two daughters came hack 
about a year before the election: don’t think he was hack but a few months. 

Q. Did he and his family vote?—A. Yes. 

(}. They were composed of Arthur and B. F.?—A. Yes. 

Q. AVho else?—A. ]Mr. Will Bell was voted; I had challenged IVIr. Bell because 
I understood there was a warrant for him, and he had been go‘ne from here on 
account of it was my information, and he was allowed to vote. 

Q. Vote an absentee vote?—A. No; he was present. 

(}. Next.—A. 1520, .T. C. Burgess, did not have a right to vote here. 

Q. Mdiy?—A. He has been away for several years. His daughter lives here, 
hut he himself has been gone for several years. 

Q. What are his politics?—A. He is a Democrat. 

Q. What is the politics of the Bells?—A. Democrats. IMr. W. T. Calvert and 
his'^wife, Nos. 887 and 384, my understanding was they had lived in Charlotte 
until the time they had been living on the river, and don’t think they had made 
their home here for several years. I had visited them on the river; and if they 
ever lived here, I do not know of it. 

Q. What are their politics?—A. Democrats. 

Q. Voted for Hon. R. L. Doughton?—A. Yes. 

Q. Next. If you have made any statement you wish to recall in regard to 
any of these gentlemen, you may recall it. Proceed.—A. I have another memo¬ 
randum here in regard to No. 1544, Miss Ruby Fraley. 

Q. What concerning her?—A. She voted absentee in this ward, and the rec¬ 
ords show she voted No. 886 in person in ward 1. 

Q. What are her politics?—A. My information is she is a Democrat. She 
has since married. 

Q. Next.—A. 1630, J. H. Finley; he voted in ward 8, and I could not tind his 
name on the reg’stration hook, hut I did tind h’s name on ward 1 hook and find 
he had also voted there. And 1569, J. M. F nley. voted in ward 8 also, and I 
could not find his name on the No. 8 hook and find he voted 'n i)erson in ward 1. 

Q. As to 5471, what is his politics?—A. My record is both voted Democratic 
and are not residents of the city; that is my information, hut I do not know 
that personally. Mr. Will Hartney, 771, voted in the ward and I could not find 
his name on the registration hook. I had been with him in ward 2, and he 
voted here in ward 8, and I could not find his name on the book. 

Q. M’hat are his politics?—A. He voted Democratic here. 

Q. All light; 925?—A. 925, I don’t know to my own knowledge about how 
long these people have been in the State. I know they have only been here a 
short tinu^—came here for the opening of Gilmer’s store, and my information is 
they came here out of the State. 

Q. Had they been in this county as long as s‘x months before the election?— 
A. i did not lisk these people about it, hut my impression is they had not. 


272 


CAMPBELL VS. DOUGHTON. 


Q. Wliat are their politics?—A. Democrats. 1408, INIrs. Lim Litaker, voted 
in ward 2; Mr. Litaker voted in both wards, the records show. 

Q. What are her politics?—A. I could not say myself; onr record is she 
voted Democrat’c. INL's. Ledbetter, 579, is a resident of the second ward and 
voted out of her ward. 

Q. AVhat are her politics?—A. Democratic. 846 and 847 are two teachers at 
the college; Dr. Moore came in with them. 

C,). r)id yon challenge them?—A. I spoke to Dr. ^loore and told him I thought 
it a little irregular, and he seemed to think it kinder a .I'oke. 

Q. AVhat are their politics?—A. They voted Democratic, both of them. 

(}. Do you know where they lived?—A. My information is that they came 
from Robinson County. 

Their home is in Robinson County?—A. That is my information. 

C}. Next.—A. Next is four voters that I thought were out of their wards, and 
I challenged them on challenge day and also at the polls—791, 792, 586, and 
557—the Morrison family, who live in the fourth ward, so far as I am able to 
judge. They live on the corner of Lackey Street, and the lower end of the 
street runs out from the post office. The parties right above them registered 
and voted in the fourth ward, but these people insisted on voting in the third 
ward. 

Q. AAdiat are their politics?—A. Democrats, all of them. 

(}. A’oted for Hon. R. L. Doughton?—A. Yes, sir. To the best information I 
have, tliat line crosses Lackey Street up and between AAb P. Morrison’s and 
Mrs. Clarke. I think Mrs. Clark also voted in the third ward. There were 
four Republicans on that street denied their vote in the next two hours bec^\use 
they claimed they were out of their ward—that is. .1. AA\ Alexander and his 
wife and C. B. Steel and his wife—and I don’t think they had a right to vote 
in the third ward, l)ut had as much right as the others to vote in the third. 

Q. They were denied the right and the others were permitted the right?— 
A. Yes. 

Q. Next.—A: E. Hall Lackey and his wife also voted. 

Q. Next.—A. A. C. AA'est and his wife; Mr. AA^est come to me during the sum¬ 
mer and spoke about renting a farm and said he was just in from the AA'est. 

Q. AATiat is their politics?—A. They voted Democratic. 

Q. You don’t know how long they had been here?—A. Not exactl.v ; just a few 
months though. 

Q. Had not been in the State two years?—A. No; were just back from the 
AA’est. 

Q. Had not been in the county six months?—A. No. 

Q. Next.—A. Next is .539, A. T. AA'eisner, from Yadkin County. 

Q. How did he vote?—A. Democratic. He has been over there several years. 
He comes back every no\v and then and spends a day or two, but has no'home 
here. 

(). Next?—A. IMrs. C. L. Gilbert got out of her wai’d, lives in the first ward. 

Q. AA hat is her politics?—A. I did not see her vote, but suppose she voted 
like her husband: Democratic. I intended to ask Mr. Gilbert al)out it, but 
failed to. I find that L. T. Queen had an absentee and was voted in person. 
I do not know these parties and do not know whether it is an error or not, 1693 
and 614, and do not know whether they showed up or not. 

Q. How did they vote?—A. AVell, I* have no evidence myself, Mr. Britt, I 
have a record that they voted Democratic, but would not say from my own 
knowledge. 

Q. That comifietes the list?—A. That is all the list I have except a few of 
the graded school-teachers that I did not think were entitled to vote here. My 
understanding is the town does not employ any of the teachers with the ex¬ 
ception ()f IMiss Armfield, perhaps one other, but I can’t think who it is now. 
I have not a comi)lete list of them, but have one or two here. 

Q. Give their names and what facts you may have about their voting.—A. 
I have no information except that. This Miss Eaton and Miss Gardner, No. 4 
I think her number Avas. I have not a record of the other teacher^^ but most 
of this information I got from checking up the books, a great deal of it from 
personal knowledge but some of it was just from information in checking the 
books. 

Q. The numhers referred to are numbers in the poll book?—A. Yes, sir. 

Q. IMade up by who?—A. Made up by the various officials in management at 
the polls. 



C'AMPBELL VS. DOUGHTON. 


273 


Q. Did yon ever attempt any negotiation with the registrar, ]Mr. Speaks, in 
order to jiet a list of the registered voters?—A. Yes; 1 did. 

(^. Did yon ever get it?—A. No; I was nnahle to get it. 

i}. \\’hy?—A. He told me he di(i not think I liad any right to liave it. 

Did he say why yon did not liave any right to it?—A. I can’t recall that 
he did. He said he wonld see ahont it or something that way. 

(.^ Did yon ever get a copy of that hook?—A. No; I was never able to get 
a coi)y. On challenge day I challenged a few ])eoi)le that I wanted to kmov 
whether they were on the hook or not and T challenged a few, and I did not 
think they had a right to vote. I believe in the absentee voters there was one 
other I tlionght was irregular and I wrote to the party ahont it and I had a 
letter, the gentleman has the same initials that I have, and I wrote to h m 
in regard to his absentee vote and he said he never sent one in. It was an 
absentee vote for J. M. Sharpe, it is my initials and this Mr. Sharpe has gone 
nnder that name. I wrote to Darlington, S. C., and he replied that he had not 
sent any vote in and if it had been it wonld have been a Kepnblicaii and this 
was called out as a Democratic ticket at the time. 

Q. Called ont by whom?—A. The men voting when they were voting this 
absentee vote at 8 o'clock. It kinder went 1 ke putting tlie ears into a coini 
sheller after yon called ont; that is, two men were np sticking votes in and 
one called them ont. Mr. Hartness brought the votes ont of his office; he had 
them in a box and handed them to the registrar, the registrar tore them off, 
and Mr. Hartness, chairman of the Democratic I*arty in the comity, opened 
them and had them voted there. 

Q. Now, I ask yon if yon ever had or conld get from the register book or 
registrar any information np to the challenge day, by which yon conld tell 
whether ont of this 2.500 voters there was or was not illegal voters?—A. I 
conld get no information and when I went there challenge day I conld get only 
information I asked a.bont. IMr. Lewis was present and he wanted to know 
about some names, too. 


Cross-examination by Mr. Lewis : 

M'hat Lewis was that?—A. Mr. Henry Lewis. 


liedirect examination : 


(.). What has been your experience heretofore’?—A. I have had some un¬ 
pleasant experiences along that line. 

Q. Siffipose yon relate it. 

(Contestee objects to any evidence ahont other elections other than the one 
held on November 2, 1920, as no other was involved other than that in this con¬ 
test.) . 

ii. In a word, tell of yonr former experience.—A. Well, we had been den ed 
the books always heretofore, but two years ago IMr. Knf Alexander on chal¬ 
lenge day said we might get a copy of the books if we wanted them ; and I had 
a young lady stenographer who went in the office of the clerk of the court, and 
Mr. John Lewis came in, chairman of the board of elections, and jerked the 
book ont of the young lady’s hand in a very ugly way and stated that we were 
not entitled to any information and conld not get any, and had no right to a 


copy of the book and lie wonld not permit it. 

(j. Any other matter or fact concerning that election which yon wish to 
—A. Well, I sued IMr. Alexander, the judge ruled with ns all the way 
thron ‘*" 11 . 

Q. Wliat J^Ir. Alexander, for what, when, and where?—A. Mr. J. R. Alexan¬ 
der. he was liable for not allowing ns copy of the books. I sued for $200 and 
the'judge ruled with me until the lawyers were able to speak and the cpiestion 
came np as to whether it should not have started with a magistrate and it 
was thrown ont of court, hnt the judge ruled it was the same book thatf the 

law referred to. i ^ • 

Then the case was thrown out; not on a cpiestion of merits, but jniis- 

diction’?—A. That is right. 


(’ross-examiiiation by IMr. Turner: 

(2. Yon spoke of W. I. and yon had W. A. Calvert in mind?—A. That was an 


error. . 

(,). He has not voted in this precinct for 10 year 

moment ago whc-*n yon said lie was here all day ? A. 
y(»n misunderstood me, Governor. 


s, so yon were mistaken a 
I did not say he was here 


57G95—21-18 




274 


CAMPBELL VS. DOUGHTON. 


Q. I you said he voted in person?—A. No; I .said I had a record that 

showed he voted in person. 

Q. Now, if you are mistaken about W. I., could you be mistaken about the 
other names?—A. Well, peoi)le are liable to make mistakes, hut I don’t think 
I am mistaken in the others. 

(^. You lived in Vir 5 >inia a while yourself?—A. Yes. 

(h How loni>- did you live there?—A. About two years. 

Q. Did your family live there?—A. Yes. 

Q. You \\ere living there when the war broke out?—A. No, governor; I had 
come hack before the war broke out. 

Q. In 1914?—A. No; I thouf^ht you meant when we went into it. 

Q. W'ell, we went in in 1917; you came back before that?—A. Yes.. 

Q. Did your boy ^^o into the Army?—A. Doth were in the Aiany. One went 
to the boi-(ier; he was calh'd in IhlB. 

(h He joined in Vii-j;inia?—A. Yes; he volunteered over there. He was not 
called at all. 

(h He married up there in Washington?—A. No. 

Q. Where?—A. Alabama. 

(h Was his home with you while you were in Virginia?—A. l^es; he was 
working with me over there. 

Q. He voted here, too, didn’t he?—A, Yes. 

(h Married, too?—A. Yes. 

Q. A'ot.ed Depublican ticket?—A. Yes. 

Q. And they came back here after the armistice?—A. No; he moved his home 

hei'e before the armistice, and if you want to know- 

Q. When did they come here—he and his wife?—A. July 4 he sailed for 
France, in 1918. He was patriotic, governor; he was born February 22 and 
sailed on the 4th of July. 

Q. From F]-ance or to France?—A. To France. 

Q. When di<l you say he returned’?—A. He returned to Statesville and 
brought his personal effects here after the border warfare. Hi.s wife came here 
on the 1st of August after he sailed in July. 

(y Did she come here or go to Washington?—A. She went on with: him, and 
when he saile<! she came back to her mother’s; her mother has married the 
second time, but she has never lived with them since she was married. 

(h I am trying to tiiid out if she did not live in Washington during the war.— 
A. No: she came back to Alabama and worked a while and came on here ag'ain 
and went to Washington for a few months in order to be in touch and meet 
him when he came home. She worked in one of the departments there. 

Q. Was Alex living with you when the war broke out’?—A. He was in Vir¬ 
ginia VvJien he volunteered, and after the border he came back here and talked 
of going into the service here. 

Q. Tliat was his bona tide residence—Virginia?—A. No; he did go hack to 
Virginia for a while; he was in the reserves, you know, and had to rei)ort every 
week. 

(h And was he ‘■^ent to Fort Oglethorpe?—A. He was instructed there. 

C}. He had not l)eeu in the State two years—from the time he gave up his 
home in A'irginia?—A. Yes; I am counting from the time he came here and 
brought his personal effects here. 

Q. You know D. W. Shaw?—A. I do not. 

(h You spoke something about George Anderson, and thought there wa.s 
sometbing illegal about his vote’?—A. Nothing about his vote; I said the records 
showed that Airs. Anderson voted in person and also an al)sentee. 

(h In other words, she got two votes in?—A. Yes. 

(h Do you know that to be a fact’?—A. Well, her name was on the book 
there. 

Q. What precinct?—A. She voted in ward 8. 

Q. That is where she resides?—A. Yes. 

Q. Did you see the absentee vote?—A. Y^es. 

Q. Did you see her vote put in as an absentee vote?—A. It is my understand¬ 
ing it was called out there at the time. 

(.h I am asking you if you saw, as a fact, that absentee was put in the box?—• 
A. I know it was put in the box., because it was called out, and Dick White and 
Alexander were putting in those votes like putting corn in a corn sheller. 

Q. One at the time?—A. Yes. 

Q. Now, you spoke of the Bell family?—A. Yes. 

Q. Natives of this county?—A. Yes. 



CAMPBELL VS. DOUGHTON. 


275 


Q. Has no wife?—A. No. 

Q. Yon know his sister and family live here?—A. I know lie went to Pdorida 
and came liack here and voted. 

Q. Yon know the whole Kell family was livini; here?—A. That is my under¬ 
standing, livin.a- in Turnershnrs township. 

Q. Don’t yon know he ^^■ent out thei-e temporarily?—A. I only know what 
he told me; he told me he was goinji: to Florida to make his home there. 

Q. When did he come hack?—A. Some time durinii; the summer of 1919. 

(}. You do not know then, as a tact, that he ^aive up his North Carolina 
residence and made up his residence in Florida?—A. I only know what he 
told me, and on the strenjith of that I challenged INIr. Kell. 

Did they hear it?—A. No. 

Q. M'hat (lid he say?—A. Well, he tirst went out and afterwards he came 
hack in with Sheriff Daton, and they said they were going to have his vote 
in there and count it or have a ro\>’. 

And you did not want a row?—A. No; not when I can get out of it. I 
like to live as peaceably with everybody as best I can. 

I ask you if Kell did not make a poll-tax return for the year 1919?—A. I 
am not familiar with the poll tax. If he did, he must have made it in the 
summer. 

Q. You say his two daughters voted?—A. That is what my records show. 

Q. That INIiss Kuhy Fraley—is she married?—A. Y>s. 

Q. They live in the third ward?—A. Yes. 

Q. Who is Willie Harper?—A. One-legged John Harper’s hoy. 

Q. The one that preaches here every Saturday on the streets?—A. I have 
never heard him. 

Q. He preaches here every Saturday; don’t you go to preaching?—A. I have 
not had the pleasure of hearing Mr. Harper. 

M’hat objections have you to his voting?—A. I have none in the world, 
if he votes a legal vote. 

Q. What is ii’regular about it?—A. My understanding is he registered in 
the second ward and went with me. 

Q. Did you find he voted in the third ward?—A. I know he voted. 

Q. So, he was registered in the second and voted in the third ward—that is 
the irregularity?—A. Yes. 

Q. What irregularity about iNIr. Kelley?—A. iMy information is he had not 
been in the State two years. 

Q. Where did he come from?—A. I was told he came from Charleston, W. Va. 

Q. Where did he vote?—A. In the third ward. 

Q. How long had he been living here?—A. Well, you know when the Gil¬ 
mer’s store opened ; it has not been two years. 

Q. Didn’t he marry Miss Cole?—A. \"es. 

Q. You don’t know that he claimed this to be his permanent residence?—A. 
I don't know that, and don’t suppose he would claim this ward as his home, if 


he did. 

Q. My information is his wife lived in the third ward. Ever since they 
have been with Gilmers they have lived in the third ward?—A. I do not know 


about that. 

Q. Did he do temporary work?—A. I do not know; my information is he 
has been employed with Gilmers. 

Q. What is wrong with Mrs. Litaker?—xV. Nothing, only people are not sup- 


Q. 

Q. 

Q. 

Q. 


voting 


in 


posed to vote but one time. 

Q. Did she vote twice?—A. The records show she did. 

Where?—A. In the third and second wards, both. 

How de yon arrive at that?—xV. I just tind it on the books. 

How—yo\i lind her registered in one ward?—A. Y"es. 

Which ward did she register in?—A. I tind her as actually 
two wards, second and third. 

Q. You saw that from the poll books?—A. \"es. 

(5 You could not be mistaken, like in the Calvert matter?—xV. Well, I may be. 
Q. Do you know the McCain girls?—xV. I did not until they came in to vote. 
Q. They voted in the third ward?—A. I suppose so; they registered in 

third ward. ^ . . . . ^ 

Q. What is wrong about their vote A. My information is that they are 

teachers at the college. 

g. What is wrong about that?—xV. Nothing, it tins is their residence. 



276 


CAMPBELL YS. DOUGHTON. 


Q. How lonjj; liave they been tbei’eV—A. Two seasons from wliat Dr. Moore 
told me, but they bad only been here from the fall ; they bad been back borne 
during the boPdays; tbeir borne was in Robinson County. 

Spent tbeir vacation from where they originally came?—A. That is my in¬ 
formation. 

Q. Did Dr. IMoore, principal of that college, tell you this was tbeir residence?— 
A. He just told me this was tbeir second term. 

(^. And also told you they were entitled to vote?—A. He seemed to think 
they were. 

Q. The Morrison family, you bad them on challenge day?—A. Yes. 

Q. Did all the judges, including the Republican judge, decide they were en¬ 
titled to vote?—A. I don’t think so; two said they were entitled to vote. 

Q. You were present?—A. Yes; I was present. 

(). Who was the Republican judge?—A. Mr. W. H. Kimble. 

(]. Don’t you recall be decided with them?—A. That was not my understand¬ 
ing. The judges did not determine it on the line of the ward; they just deter¬ 
mined it on two votes. 

(}. Did you raise the ward-line question at that time?—A. Y^es. I bad a plat 
of the Avards. 

i}. There is some little dispute where the line is?—A. I bad never beard of it 
until this time. The gentlemen said they bad a right on the whole of Lackey 
Street, and if that is right we did not get ours in. 

Q. What Morrison is that?—A. Blake. 

Q. Don’t y(»u know they have been voting here in this ward for 8 or 10 
years?—A. He was voted out of bis ward; that don’t make it right if be has 
been here 10 years. 

Q. I.ook and see if you don’t find them as being registered in 1912?—A. That 
is B. L. IMorrison. 

Q. I will ask you if you don’t find it on the registration book, 1912?—A. Yes ; I 
find it as you point it out to me. 

Q. AVest. nonresidence; bow do you arrive at that?—A. Mr. AYest bad been 
in the AA’est and came to me to rent a farm, stating that they were just back 
from the AA>st. 

Q. How long bad they been living out there?—A. I don’t recall. 

Q. You don’t know if they were out there temporarily or not?—A. I only 
know what be said; be said they had been living there a few years and just 
moved back. 

Q. AA'ben was that?—A. In the summer. 

Q. AATiat year?—A. Just before the election. 

Q. Did they vote?—A. Yes. 

Q. Did you see them vote?—A. Yes; I was present. 

Q. You spoke about tlie AA^isners being of Yadkin County?—A. Yes. 

(,). How do yo\i arrive at that?—A. AYell, ]\Ir. Gus was'one of the first men 
I knew of Statesville. 

Q. He has always been a reliable man; why was be not entitled to vote?—A. 
He has not been living here in years. I have not seen him in YTidkin County, 
but that is my information. 

Q. He did mj give you that information?—A. No; I did not ask him. 

Q. Did yon challenge him on challenge day or election day?—A. I don’t be¬ 
lieve I did ; there was no attention paid to our challenges, and I did not see 
any use in it. 

Q. AA'ell, you said Lucy Gilliert voted?—A. I would not be certain she voted, 
l)ut her name is on the book. 

(j. It was not an absentee vote?—A. No. 

Q. Now, .1. M. Sharpe is your name, and this fellow’s name is James. I sup¬ 
pose?—A. No; bis name is John M., too. Jim Sharpe has been dead for 
some time. 

(i. Isn’t there a Jim Sharpe. 25 years of age, paid bis poll tax and lives 
here now in the third ward? I thought you might have the wrong man in 
mind.^—A. I here is a J. AA . down below’ here, but I asked the registrar wdien I 
went to the cballentre on fballenge day bow manv Sharpes was on the book 

Q. There is a J. M. SbaiTe, 36; John IM., 56; James M., 25 years old. Three 
right here now, and one dead—one 25 and one 56?—A. I went'to the trouble to 
ask them at the register book on challenge day how’ many J. IM. Sharpes \vere 
on the book. 

(>. IRnv many did you find on the poll book?—A. AA’e found John M. Sharpe, 
and, as I undei-stood him, a J. ]M. Sharpe, who \vas 36 years old. 


CAMPBELL YS. DOUGHTOX. 


277 


Q. Did you know him personally?—A. Yes. 

Is that all the J. M. Sharpes on the poll hook?—A, That is what he told me; 
if I had jiotten my hands on it I might have been able to give you further infor¬ 
mation. 

Q. You have checked the hook since election?—A. I did not check that name. 

Q. The man you are talking about was more than 25 years of age?—A. Yes. 

Q. Do the poll books show that or you know it of your own knowledge?—A. I 
know it. 

(^). Now. do you know as a fact that the man 36 years of age did not vote at 
all?—A. He wrote me iie d'd not vote. 

Q. Well, that eliminates him; so nobody was hurt: so we have to come hack 
to the man 25 years old?—A. That is exactly what I know. 

Q. You may have been mistaken about it, iNIr. Sharpe?—A. One is possible to 
he mistaken. 

Q. I believe you, as chairman of the llepuhlican Party and J. A. Hartness, 
the Democratic Party, signed an agreement to not make any challenges?—A. I 
did not s'gn any agreement hut one U]) in Union Grove. The gentleman sent 
me word that the Democrats were going to challenge up there, and I came in 
and asked iMr. Hartness and said that my understanding was that they had an 
agreement, and he said yes, and wrote out a letter—I don’t remember the name 
up there now, and it was brought to me and I signed it—in which we agreed 
not to challenge him on election day. I did not make the general agreement, 
but I api)ointed a committee that did, hut the committee was not to hind Dr. 
Campbell, because I had a letter from him in which he said he would not he 
bound. 

Q. This agreement was made l)efore Cami)heirs nomination?—A. No; the 
nomination was on the 10th of April, The convention was held, and he went 
home and wrote me a letter and he wanted me to make arrangements about 
the ])ayment of poll tax, and T went to the sheriff in regard to the matter and he 
would not give me any information. He said he could give it to me if I asked 
about any certain person, and that was all the information I could get from 
him. 

Q. Did you inform INlr. Campbell to the effect that the Democrats and Repub¬ 
licans had agreed not to challenge for tlie nonpayment of i)oll tax?—A. Mr. 
Campl)ell wrote me a letter, and T delayed to get this information, and I wrote 
Inm that our peo]de was in favor of making this agreement, and he said lie 
would not he a party with it. 

Q. Nevertheless, you went on and made it anyway?—A. This agreement had 
been made, hut he said he would not he a party to it. 

Q. When was it he notified you he would not be a party to it?—A. Well, the 
meeting was the 21st of April at my office; I was ojiposed to the agreement and 
stated I had tin's letter from Dr, Campbell in regard to the poll tax, and he 
wanted to make arrangements and I had been to the sheriff and tried to get 
this information and could not get it; so then I wrote the doctor after the meet¬ 
ing that we had made this agreement, and he wrote hack that we could not bind 
him. In fact, I had been notified by some of the leaders not to make the ar¬ 
rangement. but tlie committee outvoted me at this meeting. 

Q. Did you notify the Democrats that Dr. Campliell was not going to stand 
for it?—A. No. 

(}. So tliey were ignorant of it?—xV. Well, I supposed everybody in the room 
knew about it. 

Q. \»11, the Democrats did not know Dr. Campbell would not consent to it 
until after the election; in other words, you did not inform them?—A. No. 

Q. So you knew before the agreement was made that Dr. Camiibell was not 
going to be bound?—xV. T did not know on the 1st of IMay that the agreement 
was made, but I dhl not liear from Campliell until after the 1st of May. 

Q. And after you heard from IMr. Campbell he wanted you to get a list of those 
who had not iiaid?—x\. That was before the 1st of ^lay. 

Q. Now, then, was it your preference or Dr. Camiihell’s preference to pay the 
poll tax of tho.se that had not been paid?—xV. Well, he asked me to make ar¬ 
rangements to see that they were paid. I went in there with that intention, 
hut did not get it done. 

Q. The real motive that moved you all to make that agreement was you got 
tired of paying the poll tax of the lazy poll-tax jiayers?—xV. I can only speak 
for myself. 

Q. You had gotten tired of having to look up and pay their polls?—A. Well, 
that is something one would not like to do, and I was opposed to it. 


278 


C'AMPBELL VS. DOUGHTON. 


Q. The fact is yon had been in tlie liahit of paying these poll taxes, so they 
conhl vote?—A, Yes; I did pay some on the 1st of May this year. 

Q. And yon got solder tired of it?—A. Yes. 

Q. \\'ill yon give the names of those yon paid ])rior to INIay 1?—A. I don’t 
know that I can* give yon the name of more than one; I have one I can give yon. 
There is a receipt for the money right there^“ $8 due .T<thn INI. Sharpe; value 
received—cash—for poll tax ; 6 per cent from date.—I). ]M. Hetter.” 

(}. How many voters’ taxes did yon pay—as many as bO?—A. No; there were 
very few this time. 

Q. Twenty or twenty-live?—A. Oh, no; I did not pay over half a dozen—not 
over that, anyway. 

Q. Y'on paid the poll tax for about half a dozen?—A. I remember this man; 

I told him that the arrangement would be made, bnt he insisted on paying his 
taxes. 

(>. Yh)n jiaid the taxes of about half a dozen?—A. Something like that. 

(). Before tb s agreement went into effect yon have been paying pretty 
heavy?—A. No; I have never paid more than that. 

(>. I do not mean individnally: I mean yonr party?—A. No; we have always 
tried to get them to do it themselves. 

Q. Didn’t the party do it then?—A. No; most of the cases the men were too 
poor. 

Q. Are yon famdiar with the fact that the Supreme Court of North Caro¬ 
lina has decided that the payment of poll tax by another party was not pay¬ 
ment of poll tax himself?—A. I did not pay this man's poll tax; I let him have 
the money. 

Q. Bnt yon went to the sheriff and had it paid?—A. No; I do not know if he 
paid it or not. 

Q. How about the other six yon paid for?—A. No. 

Q. Then yon were mistaken awhile ago when yon said yon paid about six?— 
A. I said I let a few peojffe have money to pay it. It is all I have been able to 
do to pay my own tax. 

Redirect examination by Mr, P. P. Dulin : 

Q. In regard to Blake ]\Iori-ison, yon know that people living south of Mor¬ 
rison voted in the fourth ward, do yon not?—A. Yes; the man living next door 
to him voted in the fourth ward. 

(}. Did Mr. Litaker’s wife vote in the fourth ward?—A. ^Yell, I did not look 
that nr»; that is my information. 

Q. In the meeting in regard to the poll-tax agreement, did any of the Re¬ 
publicans state their reason for why they were in favor of going into this 
agreement?—A. Yes; heretofore when we would challenge anybody at the polls, 
it wonld not be long until they would show np with a tax receipt. 

Q. That was generally the case, notwithstanding the fact that their names 
did not ai)pear on the certified list?—A. l>s, sir. 

i}. Do you remember who gave those reasons, or was it generally argued in 
the meeting among the various parties present?—A. It was generally known 
and that it was a fact, 

(), And, as a matter of fact, isn’t that the reason why this agreement was 
entered into?—A. Certainly that is the reason. We would challenge some one 
and in just a few minutes he conies up with a poll-tax receipt. 

Q. In other words, IMr. Sharpe, if you had not had this agreement, those of 
the Republican faith who failed to ])ay their poll tax would have been chal¬ 
lenged and refused the right to vote, whereas the Democrats who had not paid 
their poll tax would have been provided with receipts and entitled to vote 
whether they had paid their poll tax before May 1, 1920, or not’?—A. That is 
what I think about it. 

Q. Isn’t that what was thought by all those at the meeting?—A, That is the 
general belief of the party. 

Q. Was not it .vour experience at the election before this election that that 
was the case’?—A. I have only been chairman one election before, but that has 
been the case. 

Recross-examination by INIr. Lewis ; 

Q. Did you ever know IMr. ]M. P. Alexander, who is sheriff, to give a receipt 
to anybody i-epresenting that a poll tax had been paid when it had not been 
paid’?—A. I did not say Mr. Molfitt Alexander did, or I did not say that the 
sheriff did. 


CAMPBELL VS. DOUGHTON. 


279 


Q. The only thing yon complain of was because they would produce their poll- 
tax receipt?—A. Yes; and they looked mighty green. 

Q. Green or fresh?—A. Call it what you want to, 

Q. Whose name was there, M. P. Alexander, sheriff?—A. I could not say that 
I conld put my hands on a receipt that M. P. Alexander had signed. 

C). Can you give me the name of a s.ngle i)erson wherein that hap])ened?—A. 
I haven’t it right with me. 

(J. Could you give me the name of that person?—A. I could not now. 

Q, It raised a suspicion in your mind that there were false receipts around?— 
A. In one or two instances we went further than suspicion in the matter. 

Q, Never done anything with it?—A. No. 

Q. Have you ever had any since M. P, Alexander has been sheriff?—A. Last 
election two years was the only time we had any experience along this line with 
the shei’iff, 

Q. Had no agreement about the poll tax then?—A. Not at that time. 

Q. Could you pi-oduce one of these green tax receipts that you spoke of?—A. 
I do not know that I can. 

(J. You know INIr. Alexander very well?—A. I have not said INIr. Alexander 
did anything. 

(^. Do you know that you have not any susi)icion or observed any of those 
green or fresh receipts that have been recorded since INIr. Alexander has been 
sheriff'?—A. 1 did not sa.v he was connected with it. 

Q. I am asking you f any have l)een produced since he has been sheriff?— 
A. A great many of the people we have challenged have been able to produce 
poll-tax i-eceipts. 

Q. I) (1 you hear IMr. L. S. Wagner say the other day that when they would 
challenge a Kepublican they would produce their receipt?—A. Some instances. 

Q. You had noticed here that Kepublicans would produce their receipts when 
they had been challenged, didn't you?—Yes; anybody makes an error. 

Redirect examination by IMr. Dulin : 

Q. You also heard IMr. Wagner testify that not one in ten of the challenges 
made where their names did not a])pear on the cerftied list could be sustained, 
did yon not?—A. I do not know that I heard Mr. Wagner testify, but I would 
think they would not be able to sustain that many. We were not able to sus¬ 
tain them at all because they would come up with a receipt. 

Recross-exaniinafon by Mr. Turner: 

(}. That was ])retty good evidence that they had paid it?—A. It might have 
been evidence that they had paid, but I don’t know why the sheriff would give 
a certified list. 

Q. You heard IMr. Wagner swear that by this agreement not to challenge on 
account of nonpayment of poll tax that the Rei)ublicans had gained thereby?— 
A. I did not hear IMr. Wagmu-’s evidence. Governor. Of course, there were more 
Republican voters and Democratic voters this time because the women were 
vot ng. 

Q. I am talking about the net gain?—A. Well, I do not know our people 
were l)etter i)aid uji than ever heretofore. Thei’e might have bemi some gain 
on account of this i)oll-tax rec'eipt tbying around, but I think our people were 
better i)aid uj) than ever. 

Redirect examination : 

(b IMore ])eople to vote in 1920 than has been prior to this?—A. Yes. 

Q. Increase in population?—A. Yes; qu te a number of new voters. 

Q. If the i)oll-tax retpiirement had been lived n]t to by the Democrats and 
Republ'cans alike on the election of Noveml)er 2, 1929, is it your opinion or not 
that Doughton wonld have received as big a majority as he did?—A. Tlnit is a 
pretty hard question to answcu-. I do not think he would have received any 
more. I don’t think that would have been possible. The Republicans were well 
paid up this time, I think, and there were more Democrats not qualihed by a 
large majorlt.v than Republicans. 

Q. Then you do believe that his majority would have been less if there was 
a greater I'lumber (>f Democrats disqualified than Republicans'?—A. Without 
there had been some arrangement made. 

Q. I am talking about if it had been legally enforced?—A. Yes. 

Q. If legally enforced it is your opinion that the Doughton majority would 
have l>een lai-*gely less than it is?—A. I feel that way about it. 


280 


CAMPBELL VS. DOUGHTON. 


Kecross-exaininatioii by Mr. Ti^rnek : 

Q. Yon jnst feel Caiiii)bell should have jjotteii more votes than he dnl i A. I 
wonhl not say that.* of course. I am a partisan, bnt w thont their l)ein,i; some 
arran,icement to (pialify tlie Democrats, Dr. C^ampl)ell wonhl have itained more 
votes tlian he d'd. 

(). Yon think, in otlu-r words, that the Democrats wonld have had less 
votes?—A. I think so; my reason for that is, as I said, the llejaddicans were 
l>etter paid np than nsnal. 

Have yon an.v idea liow many Repnl)licans in the comity outside the 
third ward iiere did not i>ay their tax?—A. I know the slier.If .ii;ave a .ifreat loiif? 
li.st, bnt a jjresit many liroipilit rece'pts in. 

Q. How many?—A. I can’t recall; I believe there was one township had 
about 16 cballenires 

Q. T ask yon if in yonr invest'f^ation of the book yon did not tind over .SOO 
Kepnblicans that voted in the last election in this comity that had not paid 
their poll tax?—A. I do not tlihik there wonld have been that many. iMr. Dnliii 
has been doin,ii: that work, and I am not in a position to say. 

Q. Yon have been help n,i>: him?—A. No; I have not. / 

(}. SnpjKise it should turn ont that there were 800 Uepnblicaiis who had not 
paid; that wonld be to a disadvantage to Campbell, wonld it not?—A. I would 
say if there were 800 llepnblicans that had not paid, there wonld be 600 
Democrats. 

Q. Rnt yon do not know?—A. No; I do not know; yon were jnst asking me 
for my o]i’nion. 

Q. Well, yon jnst gave that as yon feel?-—A. Yon asked me for my op nion 
and I .gave it to yon. 

(,b Yon think there wonld be about twice as many Democrats as llepnbPcans 
that ’s jnst a mere opinion, bnt suppose at the end of this investigation there 
establisiies as a fact that there were more Kepnblica-ns by a nnniber who failed 
to jiay their poll tax than Democrats, then how wonld yon feel about it?—A. I 
wonld feel like I was from IMi.s.sonri. 

Redirect examination by iVIr. Dijltn : 

Q. According to yonr knowledge there is practically two Democrats to one 
Republican in the comity, is there not?—A. Yes; I forget the exact ratio, bnt it 
is not that mnch. 

(}. Td'on the same ratio there should be more Democrats fad to qualify than 
Republicans iirovided each were eipially dili.gent in getting their poll tax paid 
np?—A. Certainly there is more Democrats, and naturally there wonld be more 
not qnal’tied and other things I know that have been heli>ing more than the 
Republicans to qualify. I wonld P'ke to state that as a fact. 

Q. Did yon see a list of names furnished R. L. Donghton in his pleadings?—A. 

I saw yon had a list. Mr. Dnlin. bnt I really was not familiar with how it 
came or very mnch about it, as I stated, I had not been working np that list 
w th yon. 

{}. So yon don’t know anytliin.g about it?—A. I know a lot of those pre.sent 
brought in their receipts, a lar.ge number of them. 

CJ. So, if it wonld turn ont that the parties who bron.ght their receipts into 
my ollice, which Mr. Don.ghton complains of as having failed to pay their 
l)oll fax. it wonld disclose the fact that the office of the shor’lT of Iredell 
fkmnty is nnreliable, and no correct data can be obtained from that office; isn’t 
that triK'?—A. Yes. 

Healings resumed, th's, the 8th day of March. 1021. in the matter of .Tames I. 
Campbell, contestant, r. Hon R. L. Donghton. contestee, in the eighth con¬ 
gressional district, North Carolina, Iredell Comity, city of Statesville, before 
J. A. Stuart, notary public and commissi'ner of testimony; appearing for 
contestant, Mr. P. P. Dnlin ; appearing for contestee, W. 1). Turner, Z. V. Long, 
and Lewis & Lewis. 

Contestant offers for the record the following: 

It is admitted in open hearing by counsel for contestee that .Tohn Sells 
voted in ward 8, city of Statesville, November 2, 1920; that he voted for Plon. 
R. L. Donghton for Con.gress; that he is between the a,ge of 21 and .80; liable 
for poll tax for the year 1919, and that he failed to pav same on or before 
iMay 1, 1920. 

It is admitted in ojien hearing by counsel for contestee, Hon. R. L. Donghton, 
that T. L. Dicer voted in ward 2. city of Statesville, on November 2, 1920; 
that he voted for Hon R. L. Donghton for Congn'ss; that he is between the 


CAMPBELL YS. DOUGHTON. 


281 


age of 21 and no and liable for poll tax for the year 1919, and that he failed' 
to pay same on or hefoi-e May 1, 1920. 

It is admitted in <)[)en hearing hy counsel for contestee, Plon. II. L. Dough ton, 
that O. T. (lillesi)ie voted in No. 2, city of Statesville, on November 2, 1920; 
that he voted for Doughton for Congress; that he is between the age of 21 and 
;>(), and liable tor poll tax for the year 1919, and failed to pay same on or 
before the 1st day of ^lay, 1920. 

Mr. J. H. JENKINS testified as follows: 

Direct examination by INIr. P. 1*. Dulix : 

(}. Your name is J. H. Jenkins?—A. Yes, sir. 

(>. Mliere do you live, INIr. Jenkins?—A. Over here, near the depot, in ward 
No. 2. 

Q. Did you vote on November 2, 1920?—A. I did. 

Q. For whom did you vote for Congress?—A. Hon. K. I.. Doughton. 

Q. What is your age?—A. Fifty, the 29th day of May, 1919. 

Q. Did you pay your tax on or before the 1st day of IMay, 1920?—A. Yes; my 
receipt says so. 

Q. You have your receipt?—A. 1 have. 

Q. Did you pay all your tax at the time vou paid this?—A. Well, I think 
I did. 

Q. You did?—A. l>s ; I think so. 

Q. You reniemher how much you paid at the time?—A. I could not remem¬ 
ber, of my own knowledge. 

Q. Look at your receipt and see how much you did i)ay at the time you 
paid.—A. Six dollars and twenty-six cents. 

Q. You recollect that you paid $().2() at the time you paid your tax?—A. To 
my knowledge, I could not just remember, but my rec'eipt; that is all I have 
to go .by. 

Q. lh)u do not know, of your own knowledge, as to when this tax was 
paid?—A. No; not of my own knowledge; the date on my receipt is all I have 
to go l)y. 

Q. M’ill you read the receipt there and see what date it was paid?—A. I can 
not see. 

I read from the receipt of J. II. Jenkins the following: Paid [date erased] 
M. P. Alexander, sheriff of Iredell County. On the margin of receipt I read: 
Aiu'il 20, hy cash, $8.93. 

Q. Do you remember making a i)ayment of $8.98 at any time on that re¬ 
ceipt, Mr. Jenkins?—A. No; only when I got my receipt I remember paying it. 
but just what it was, of my own knowledge, I can’t say. 

Q. But when you did pay it you got that receipt you have there?—A. \>s; 
I got my receipt when I i)aid my taxes. 

Cross-examination by jMr. T.ewis ; 

Q. There is a credit there on the margin of that receipt. April 30, by cash, 
$8.fe. Youi- ])oll tax in Statesville for the year 1919, as shown by this re¬ 
ceipt, was $8.98. In other woi-ds I will read it. i)oll tax. $8.98. Have you 
got the check you paid this by or did you pay it by cash?—A. I paid it by 
cash. 

Q. You'nr'ght have paid this before that t ine?—A. No; I paid it when I 
got my receipt. 

Q. You might have gotten your receipt at another time; there is no date 
on the receipt.—A. I had not noticed that. 

Q. You do not know when you i>aid this, do you’?—A. There is only one 
thing I know about it; I paid my taxes before the time was out for me to 
vote. 

{}. In other words, you paid it before iVIay 1?—A. Yes, sir. 

Q. You know that?—A. Y>s. 

Redirect examination ; 

Q. If you know you paid it before iMay 1. would it not be reasonable to 
remember, also, as to whether you paidMt in part al payments or not’?—A. I 
do not think I iiaid it in partial iiayments. 

(}. And you think the marginal entry, showing you paid $8.98 on April oO, 
1929, is an error, don’t you?—A. Well, I don’t know about that; 1 just went 
liTthere to iiav n’ly taxes and the sheriff gave me my receipt for it. 


282 


CAMPBELL YS. DOUGHTON. 


Q. And yon pnnl all yon owo<l him?—A. So far as I kmtw; I told him tliat I 
wanted to pay my taxes. 

Q. The amount on that tax receipt is $6.21 : wonld yon. yon think, to the 
trouble to pay part of so small a hill like tliat?—A. I don’t think I wonld. 

Tlecross examination : 

Q. Bnt yon know yon paid it before ]May 1, 1020, so yon conld vote?—A. That 
Mas my intention. 

Iledirect examination; 

Q. Yon are relyin.^ on that receipt to refresh yonr memory as to the date yon 
did pay?—A. Yes. 

Kecross examination: 

Q. Yon ipaid it in time so yon conld vote lepilly in the general election?—A. 
That is ahvays my intention. 

Q. So yon are not relying solely on the receipt?—A. Well, no. 


Mr. A. CARUSUS testified as folloM’S: 


Direct examination by ]\Ir. P. P. Dultn : 

Q. Y"onr name is A. Carnsns?—A. That is my name. 

Q. Where do yon live, Mr. Carnsns?—A. Front Street. 

Q. In M’ard 2. city of Statesville?—A. Y^es. 

■ Q. Hom" long yon been living there?—A. Since ^lay 20, 1908. 

Q. What is yonr native country?—A. Greece. 

(Jk When M'ere yon naturalized, if yon ever M’ere naturalized?—A. About 14 
years. 

D. Hrn’e yon yonr naturalization i)ai)ers?—A. DoMmstairs someM'here. 

Q. Did yon vote in the election held November 2, 1920?—A. Yes. 

Q. For whom did yon vote for Congress?—A. Democratic ticket. 

Q. Straight Democratic ticket?—A. Y>s. 

Q. Hom’ old are yon noM’?—A. Fifty-tM'o; he o8 l\Iay 20. 

Q. ^^'hat year M^ere yon horn?—A. In INIay 20, 1868. 

Q. I ask yon if yon did not tell Mr. Duke yon M’ere 48 years old?—A. T am .52, 
going on 58. 

Q. Yon did not ansM’er my question. T asked yon if yon did not tell IVIr. Dnke 
yon M’ere 48 years old? Do yon knoM’ him?—A. I knoM’ him. 

Q. Did yon tell him tlnit yon M’ere 48 years old?—A. T do not remember that. 

Q. Did yon laiy yonr poll tax for the year 1919 on or before May 1, 1920?—A. 
Yes; I pay for 1919 and M’ill pay no more. 

Q. Yon paid that before INlay 1. 1920?—A. No; not 1920. bnt 1919. 

Q. Have yon yonr receii)t?—A. I have no recei]»t; T may have it over yonder. 

:\Ir. ED. T. HARRIS testified as folloM’s; 

Direct examination 1)y Mr. P. P. Dultn ; 

Q. Yonr name is Ed. T. Harris?—A. Yes. sir. 

Q. Where do yon live, INIr. Harris?—A. Satesville, M’ard 2. 

Q. Hom’ old are yon?—A. I M’ill he 41 years old the 21st of April. 

Q. Did yon vote in the November election, 1920?—A. I did. 

Q. For M’hom did yon vote f<n* Congress?—A. IMr. R. L. Donghton. 

Q. Did yon pay yonr poll tax for the year 1919 on or before Mav 1, 1920?—A. 
Ye.s. 

Q. Hom’ did yon pay it; by check or cash?—A. 

Q. Do yon remember M’hat day yon paid it? 
before May. 

]Mr. Lem’is. This stub here states yon paid it in February. 

A. I have no receipt and have no’one to look after my things. I looked for it 
an<l don’t knoM’ M’hether I have it or not. I broke np honsekeeping and can’t 
find it. Here is the stub, says February 24, 1920. 

Q. Y'es; I have seen that before bnt did not see it the first time I M’ent over it. 
Confident yon paid it before May, bnt yon do no knoM’ for certain?—A. Yes; I 
knoM’ for certain that I did. 

Q. Do yon live in Statesville, outside?—A. Inside, MLard 2. I have lived out¬ 
side bnt have been living inside six years or more maybe. 

Cross-examination by ]\Ir. Lpmvis; 

Q. Y^on knoM’ that for a fact that yon paid yonr tax on or before INIay 1, 1920?— 
A. Yes. 


I don’t remember. 
—A. No; I do not 


bnt I paid it 


^ a; 






CAMPBELL VS. DOUGHTON. 


283 


(Stub from tax receipt No. 74: To E. T. Harris, personal property valued at 
$10, poll tax $3.98. 14 cents on i)ei-sonal property niakinj!: a total of $4.()7, 
Stamped paid February 24, 1920. M. I*. Alexander, sheriff Iredell County.) 

Mr. JAMES GUAY tesl itied as follows: 

Direct examination ))y INIr. P. P. Dulin : 

Q. Your name is James Gray?—A. Yes, sir. 

(>. Where do you live, iVIr. Gray?—A. In ward 1, on I’ark Street. 

Q. How long have you lived in ward 1, I'ark Street?—A. 1 have lived on 
Ihii-k Sti’eet 12 years, I believe. 

Q. Did you vote on November 2, 1920?—A. I did. 

(}. A\'here did you vote on that day?—A. At INIoore’s feed stable, ward 1. 

Q. Do you know a F. James Gray in ward 2?—A. I do not. 

Q. How old are you, Mr. Gray?—A. Forty-six the 18th of last June. I was 
born in 1874. 

(F How did you vote on November 2?—A. I voted for Mr. K. L. Doughton. 

(}. Did you pay your poll tax on or before Mav 1?—A. I paid them December 
0, 1919. 

Q. You did not vote or authorize any one to cast a vote in No. 2 on that date 
for you did you?—A. Did not. 

Mr. KGY DEITZ testified as follows: 

Direct examination by Mr. P. P. Dulin: 

Q. Your name is Hoy Deifz?—A. Yes; A. K. Deitz. 

i}. AVhere do you live?—A. On Salisbury and Sharpe Street. 

Q. How long have you been living there?—A. About 16 years. 

(,). Where did you vote on Novemlier 2, 1920?—A. Down at the marble yard. 

Q. In ward 2?—A. Yes. 

Q. How old are you?—A. Forty-two years old. 

(F For whom did you vote for Congress?—A. K. L. Doughton. 

(F Did you i)ay your poll tax on or before iNIay 1 for the year 1919?—A. Yes; 
December 18, 1919. 

Q. Have you your receipt?—A. Yes. 

Q. Let me see it, please. Do you remember having paid that on the date 
stam])ed on that receipt?—A. Yes. 

Q. How did you pay it, by check or cash?—A. By cash. 

iMr. J. L. ELLIS testified as follows: 

Direct examination by Air. P. Ik Dulin : 

Q. Your name is J. L. Ellis?—A. Yes. 

Q. AVhere do you live, Mr. Ellis?—A. Live in Statesville, outside. 

(}. AVard 2?—A. Yes. 

(F Did you vote on November 2, 1920?—A. Yes. 

(F How'old are you?—A. Thirty-one. 

(F Did you pay your poll tax on or Iiefore Alay 1, 1920, for the year 1919?—A. 
Yes. 

(F The receipt I hold in my hand is your receipt, is it?—A. Y'es. 

(F 7)0 you remember having a conversation with me a few days before the 
election in which you stated that you had not paid your poll tax and for that 
reason could not vote?—A. Don’t recall it at all. 

Q. You don’t deny you did make some statement like that?—A. I don’t re¬ 
member ever having that conversation at that time. 

Cross-examination by Air. Lewis: 

The day book of the sheriff shows J. L. Ellis’s tax $11.07, and an addition of 
11 cents, making $11.18 paid January 2. 1920. 

CF You paid your tax on the date it was stamped?—A. Yes. 

Redirect examination : 

Q. Did you look at the date at all when the receii)t was given you?—A. AVell, I 
don’t recollect. 

Contestee reads the receipt of J. L. Ellis's taxes for 1919, as follows: IN)lls, 
$8.98; in-operty tax, $7.14; making a total of $11.07, with an addition of 11 cents, 
making total paid of $11.18. Stamped paid January 8, 1919, AI. P. Alexander, 
sheriff Iredell County. 

The attorney for contestee, R. I... Doughton, wishes to insert this in the record : 
That the tax returns for the year 1919 were not made until the 1st day of Alay 


284 


CAMPBELL VS. DOUGHTON. 


in 1919, the law in the State l)ein.s>: that people innst return property on the 1st 
day of May of the year in which they make their tax return. 

Mr. T. N. BROWN testified as follows: 

/ 

Direct examination hy Mr. P. P. Dulin : 

Q. Your name is T. N. Brown?—A. Yes, sir. 

(}. What ward do you live in, Mr. Brown?—A. One. 

(^. How lon.a’ have you lived there?—A Fifteen years or something like that. 

Q. Did you vote in the election of November 2, 1920?—A. Yes. 

Q. Who did you vote for for Congress?—A. R. L. Doughton. 

Ci- Did you vote a straight Democratic ticket?—A. I think so. 

(^. Did vou pav vour poll tax for the year 1919 on or before May 1, 1920? 

A. I did. 

Q. Have you your receipt?—A. Yes: have it somewhere; have not found it; 
have not looked very much for it. I find my check stub for State and county 
taxes dated December 8, 1919, and also have a check. 

Q. But you do not know whether there was a poll tax or not unless you had 
tliat receipt?—A. I do know fr(»m the fact tliat it always is. 

<1. That is all you know about it, it is a custom?—A. I am positive I paid 
what the full receipt called for. 

Q. Are .vou positive that there was a poll charge On there?—A. I don’t see 
any reason why there should not I had no occasion to look or examine it. 
Don’t recall that T ever did examine one. 

]Mr. J. E. KALE testified as follows; 

Direct examination h.v Mr. P. P. Dulin : 

Q. Your name is J. E. Kale?—A. Y’es. 

Q. Where do you live iMr. Kale?—A. Second ward. 

Q. How long have you been living in the second ward?—A. About a year 
1 supjiose. 

Q. How long have you lived in the State?—A. About 18 months. 

Q. Did you vote on Novembei’ 2, 1920?—A. Yes. 

Q. For whom did .vou vote for Congress?—A. Hon. R. L. Doughton. 

Q. Did you pay your poll tax on or before ^May 1 for the year 1919?—A. No. 

Cro.ss-examination hy IMr. Lewis ; 

Q. Were you a soldier?—A. Yes. 

Q. Were you in France?—A. Yes. 

Q. When were vou discharged from the United States Army?—A. ]May 20, 
1919. 

Counsel for contestee, R. Tj. Doughton, ask that this go in the record ; That 
the counsel for the contestee asked in open hearing if the contestant intended 
to challenge a man who had served in the late war with Germany and not dis¬ 
charged out of the Arm.v until after May 1, 1919, if the counsel for contestant 
intends to challenge those soldiers and asked that his answer he put in the 
record. 

Coun.sel for contestant oh.iects to the iiupiiry for the rea.son that he is not a 
witness in the case and is not reipiired to furnish the attorneys for contestee 
any information as to his intentions that the records speak for themselves. 

The attorneys for the contestee rejoins and state that J. E. Kale, a witness 
on the stand, swore that he was a soldier in the war and had not paid his poll 
tax and was discharged after IMay 1, and was asked hy attorney for contestant 
if he had paid his poll tax prior to IMay 1, 1920. 

IMr. HILL KNIGHT testified as follows: 

Direct examination by IMr. P. P. Dulin : 

Q. Your name is Hill Knight?—A. Yes. 

Q. Where do you live?—A. Statesville, Ward 2. 

Q. How long have you lived there?—A. About 8 years. 

(y How old are you?—A. Will he 85 in June. 

'Q. Did you vote iu the election November 2. 1920?—A. l^es. 

Q. For whom did you vote for Congress?—A. Doughton. 

Q. Did you pay your ])oll tax on or before May 1?—A. Yes. 

Q. Have you your receipt?—A. Yes. 

Q. How did you i)ay it hy cash or hy check?—A. Paid it h.v cash as well as 
I remember. 





CAMPBELL VS. DOUGHTON. 


285 


Q. Do yon know the date of yonr receipt?—A. I paid $5 on my tax the 4th 
of April. 

C>. l)id yon pay this or did someone pay it for yon?—A. Paid it myself. __ 

]Mr. ^[. L. LITAKER testitied as follows; 

Direct examination hy Mr. P. P. Dnlin : 

Q. Yonr name is M. L. Litaker?—A. Yes. 

Q. Where do yon live ]Mr. Litaker?—A. I live between Statesville and Barnm 
Sprinjrs. 

Q. What ward?—A. No. 2. 

Q. How lonj; have yon lived there?—A. About 43 years. 

Q. Are yon 48 years of age?—x\. Yes. 

Q. Did yon vote in the election November 2, 1920?—A. Yes. 

C^. For whom did yon vote for Congress?—A. R. L. Donghton. 

Q. Did yon pay yonr poll tax for the year 1919 on or before jNIay 1, 1920?— 
A. No. 

Cross-examination by Mr. Lewis : 

Q. Yon went in the office to pay yonr tax before IVIay 1?—A. Yes. 

Q. No charge against yon at all; no charge against yon now?—A. No. 

Redirect examination; 

Q. Yon did not make a return, did yon?—A. Yes. 

Yon knew at the time yon applied to pay yonr taxes that yon owed the 
tax, did yon not?—A. Certainly. 

Recross-examination : 

Q. Yon also knew before yon voted that the Republicans had entered into 
a solemn written agreement not to challenge anybody on the nonpayment of 
poll taxes?—A. Yes. 

Redirect examination: 

Q. Who do yon call tlie Republican I*arty?—A. Well, I do not know. 

Q. The Reiinhlican i)art.v is composed of several thonsand people in the 
comity of Iredell. Did yon see any agreement signed np by that great host 
of people agreeing to waive the poll tax requirement?—A. I don’t know that 
I have. 

Q. As a matter of fact yon did not see any agreement?—A. I can’t say that 
I have. 

Q. Yon state that yon knew that to he a fact?—A. 1 heard it talked. 

(,|. And as a matter of fact do yon know anything of that kind ever took 
place?—A. Well, I won’t say for sure. 

Q. Yon can’t he certain it did take place would yon?—A. Well did it take 
place? 

Q. I am not lieing examined.—A. Well I jnst asked yon a question to know ; 
I did not mean no harm, jnst wanted to ask the question. 

Q. But yon did not pay yonr ])oll tax. did yon?—A. No. 

Cross-examination hy Mr. Turniik : 

Q. Yon know that it was generally understood among all the voters that 
there was an agreement between the two parties here, that there would be no 
challenging for the nonpayment of poll tax?—A. Yes; I heard that. 

Redirect examination: 

Q. M’hat is yonr wife’s name?—A. Sarah Emma. 

Q. Do yon know where she voted?—A. No. 

Q. Did"she vote at the time yon voted?—A. No. 

(^. Do yon know whether or not she did vote?—A. She went to vote. 

Ck h>o yon know her politics?—A. I don’t know that I conld say positively. 

(}. Did she tell yon where she voted?—A. Yes. 

Q, Did she tell yon she voted at the conrthonse in Statesville?—A. No. 

Q. She did not tell yon that.—A. No. 

(TIARLPIS MILLS testitied as follows: 

Din*ct examination hy IMr. B. P. Dulin : 

D. Yonr name is Charles Mills?—A. \es. sir. 

c5. Where do yon live, .Mr. iMills?—A. Stony I'oint, Alexander County. 


286 


campbp:ll vs. doughton. 


Q. When (lid you move to Alexander?—A. About three months ago. 

Q. Did you move to Alexander before election day?—A. No. 

i]. From what ward did you move?—A. No. 2. 

Q. How long luid you been living in No. 2 at the time you moved?—A. About 
30 years. I supiiose ; something like that.. 

Q. How old are you Mr. IMills?—A. Twenty-seven. 

Q. Did you vote in the election November 2, 1920?—A. Yes. 

Q. Who did you vote for Congress?—A. 11. Ij. Doughton. 

Q. Did you pay vour poll tax for the year 1919 on or before INIay 1, 1920?— 
A. No. 

Cross-examination l)y INIr, Turner : 

Q. Were you challenged?—A. No. 

Mr. R. D. MILLSIDK testified as follows: 

Direct examination by Mr. P. P. Dulin : 

Q. Your name is R. D. Millside?—A. Yes. 

Q. Where do you live, IMr. Millside?—A. Statesville, ward 2. 

(.^ How long have you lived there?—A. About 11 years; 11 years this last 
January. 

Q. How old are you?—A. Twenty-one. 

Q. When were you 21?—A. Twenty-second of last August. 

Q. Did you vote in the election November 2, 1920?—A. I did. 

Q. For whom did you vote for Congress?—A. R. L. Doughton. 

Q. Did you pay your poll tax for the year 1919 on or before ]May 1, 1920?— 
A. No; I did not. 

Cross-exannnation by Mr. Ti'rner : 

Q. You were not of poll-tax age?—A. No. 

Q. l^ou only arrived at the age August 22, and taxes were levied in May or 
January, 1919?—A. Yes. 

Mr. KARL SLOAN testified as follows: 

Direct examination by IMr. P. P. Dulin ; 

Q. Your name is Karl Sloan?—A. Yes, sir. 

Q. Where do you live, Mr. Sloan?—A. Ward 1 now. 

Q. How long have you been living in ward 1?—A. First of October last. 

(^. How old are you?—A. Twenty-five years old to-day. 

Q. Did you vote on November 2, 1920?—A. Yes. 

Q. In what ward did you vote?—A. I voted in No. 2. 

Q. For whom did you vote for Congress?—A. R. L. Doughton. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. Yes. 

Q. Have you your receipt?—A. I have a check. 

Q. You have no receipt?—A. No; I lost it. 

Q. Did you have a property tax?—A. 1 had a property and poll tax in Stanly 
County. 

Q. In Stanly County?—A. Yes. 

Q. How long had you l)een in Iredell County prior to the election?—A. Eleven 
months. 

Q. You know that there was a poll charge on your receipt in Stanly County?— 
A. Yes. ' ‘ • 

Q. You remember that?—A. Yes; definitely. 

Q. You remember tlie date on the receipt?—A. I do not; I mailed the check 
the 27th of April; the check was deposited May 1 in Albemarle, showing that 
the sheriff got it before the 1st of IMay. 

Q. Have you that check?—A. Yes; I have it here. 

Q. Let me have your check, please. This is the check you paid the tax 
with?—A. Yes; that is the check. Tlie amount of the tax was eight something, 
and I did not remember what it was and sent him a check for .$9, anj^l he sent 
me back a few stamps. I had a receipt and somebody challenged me and I 
carried it around in my pocket until I wore it out. 

Q. Did you have property tax in Stanly at that time?—A. What do you 
mean—personal property is all. 

Q. Wliat did you return in your return for Stanly County?—A. About $r)00 
on household goods. 

Q. You were living there at that time?—A. I lived there two years. 





CAMPBELL VS. DOUGHTON. 


287 


Q, On the clay of election you were livins: in No. 1 and voted in No. 2?—A. I 
was living in No. 1 ainl voteci in No. 2. Have lived there ever since I was born, 
and moved to the first ward October 1. 

Q. Where did you move to when you moved back from Stanlv Coimtv?— 
A. No. 2. 

Q. Do you remember the date?—A. December 2, 1919. 

Cross-examination by Mr. Lewis : 

Q. You lived in No. 2, where you voted, for more than four months?—A. I 
lived there eight months. 

Mr. BEN A. STIMPSON testified as follows: 

Direct examination by Mr. 1\ P. Dulin : 

Q. Your name is Ben A. Stimpson?—A. It is. 

Q. Where do you live, Mr. Stimpson?—A. Ward 2, SLitesville. 

(}. How long have you been living there?—A. All my life. 

(i. How old are ,vou?—A. Twenty-seven. 

(). I>id you vote in the election November 2, 1920?—A. I did. 

(>. Wbo did you vote for f(n- Congress?—A. R. L. Doughton. 

(y Did you pay your poll tax for the yc‘ar 1919 on or before iMav 1, 1920?— 
A. No. 

Cross-examination by Mr. Turner : 

Q. You were in the Army?—A. Yes. 

Mr. R. A. WHITE testified as follows: 

Direct examination by ]\Ir. Din. in: 

(y Your name is R. A. White?—A. Yes. 

Q. Where do you live?—A. Ward 2. 

(}. How long have you lived there?—A. Seventeen months. 

Q. How long have you lived in the State?—A. Twenty-eight years. 

(^. How old are you?—A. Twenty-eiglit years. 

Q. Did you vote in tlie election held on November 2, 1920?—A. Yes. 

Q. Who did you vote for for Congress?—A. R. I.. Doughton. 

(y Did you ])ay your poll tax for the year 1919 on or before May 1, 1920?— 
A. Yes; Decemlier 81, 1919. 

(}. Have you your poll-tax receipt?—A. Yes. 

Q. Let me see it, please. Did you pay this by check or cash?—A. I could 
not say, positively; sometimes I pay by cash and sometimes I give them a check 
for it. 

Q. Do you know you paid it before the 1st day of IMay, 1920?—A. Yes. 

(J. You were a soldier, too, were you not?—A. Yes. 

Q. You remember a conversation that took place l:»etween you and IMonroe 
Adams and Alvin IMorrison?—A. There was no conversation between iMr. Adams. 

Q. Mr. Adams was present?—A. Yes. 

Q. I want you to state what Mr. IMorrison said.—A. I could not tell you 
exactly what he said; I did not pay any attention to him. IMr. Adams can tell 
you wliat he said. I think. 

(h You do not remember the conversation?—A. I remember him saying 
something about someliody voting, but can’t remember. 

Q. Would you recall it if somebody would repeat it?—A. I could not say 
exactly; it was something about an absentee vote. 

(2. 1> d lie s;iy he authorized .somebody to cast an absentee vote?—A. He said 
.something about it. 

C^. I will ask you if he did not say he had applied to .1. C. Lewis for votes 
and that he never did send him any?—A. He said he was depending on mail¬ 
ing an absentee vote, as well as 1 remember. I could not say whether he 
said he got it or not. 

O. Do .you remember hearing him say he told his people he did not pay his poll 

_A. He said something about not wanting Lewis to do his voting, but 

I don’t know anything about the poll tax. 

Q. I ask you if you heard him say that he stated him.self to his father that, 
he (lid not pay his'poll tax for Mr. I.ewis to do his voting?—A. tie said some¬ 
thing about he did not want I.ewis to do his voting, but did not say anything 
about his father. 

Q. He was di.ssatisfied about his vote?—A. I could not say. 


288 


CAMPBELL VS. DOUGHTON. 


Q, From the conversation yon did hear would yon be willing? to swear he 
was pleased about it?—A. I would not say. 

Cross-examination by Mr. Lewis : 

Q. To refresh your memory, I will ask yon if yon did not hear his father say 
this, that before he left he left his vote to he mailed in a straijiht Democratic 
ticket and after he got to New York with those Kepnhlicans he wished he had 
not done it, hnt it was all right?—A. I do not know anything about it at all. 

Q. Were yon in the drug store Sunday morning when Mr. INIorrison was 
talking?—A. No. 

(}. Mr. Alvin was not 21 until some time during the year 1920?—A. I do not 
know. 

Redirect examination : 

Q. Yon do not know whether he is 21 or not?—A. I do not. I only know 
him to see him on the streets here. 

]Mr. Jj. K. DEAL testified as follows: 

Direct examination by Mr. P. P. Dulin : 

Q. Yonr name is 1.. R. Deal?—A. Yes. 

(). Where do yon live, Mr. Deal?—A. Why, I live in Statesville Township. 

Q. How old are yon?—A. Forty eight years old. 

Q. Did yon vote in the election of November 2, 1920?—A. Y"es. 

Q. Where did yon vote?—A. I voted in ward 2. 

Q. City of Statesville?—A. Yes. 

(5- For whom did yon vote for Congress?—A. R. L. Donghton. 

Q. Did yon pay yonr poll tax for the year 1919 on or before May 1, 1920?—A. 
Yes. 

Q. Did yonr wife vote at this same election?—A. Yes. 

Q. In ward 2, city of Statesville?—A. Y^es. 

Q. AVhat is her name?—A. Ifizzie Deal. 

Q. Did yonr daughter vote in ward 2?—Y"es. 

(J. AVha't is her name?—A. Marguerite Oleen. 

Q. When were yon registered, yon and yonr family?—A. Well, I had been 
registered. 

Q. When did the registrar reg'ster yonr wife and daughter?—A. I could not 
tell yon jnst the date; while the register books were open. 

Q.' What time of day was it?—A. Ahont dark or a little after dark. 

Q. It reqnire<l a light?—A. Y>s. We had a light hnrning. 

Q. He went froiq yonr house to Nance’s after yonr wife and daughter had 
registered?—A. Y"es. 

Q. Of course, it was still dai’k at that time?—A. Yes. 

Q. Who did he register at Nance's?—A. He registered INIrs. Nance; I would 
not he positive ahont Nance, hnt think he had done and registered. He said he 
already had registered. 

Q. \Y»n state yon live in Chamhershnrg, Statesville Township; when you made 
that statement yon had reference to yonr farm being in that township?—A, 
Well, the map of the comity shows it. 

Q. Have yon inquired from residents in the commnnity as to where the line 
runs?—A. I did not make any inquiry ; they told me I was entitled to go to either 
place. Mr. Ellis, the man who owns the farm, said the line ran through the yard. 

Q. Did yon hear him say which side of the house the line was on?—A. He said 
near the sycamore tree, and that would he on the west side. 

Q. If he was correct yon would he located in Chamhershnrg, and he lived 
there for many years, did he not?—A. I do not know. 

Q. Did he tell yon where he voted?—A. He said he voted in Chamhershnrg 
Township and made his return down there and had the privilege of coming up 
here, and some of them wanted him to come up here on account of the schools, 
and he said why he made his return in Chamhershnrg Township was on account 
of the school and on account of taxes being a little cheaper than in Statesville. 

Cross-examination by IMr. Tukner ; 

Q. Y"on voted in what yon call ward 2?—A. Yes. 

Q. Well, that extends lieyond the city limits?—A. Yes. 

Q. Goes clean to Chamhershnrg Township line?—A, Yes. 






C’AMPBELL VS. DOIKJHTON. 


289 


Q. Takes in i)art of the country (nitside of the city?—A. Yes. 

Q. Yon don't know whether yon live in ('hainl)ershiirg or Statesville?—A. Well, 
if Atrle hves in State>sville I don’t see how they can put my house in Chamhers- 
burj;-. I told Mr. Dulin this was not according; to the map. 

(>. Where did you return your taxes?—A. Statesville Township last two 
years. , 

Q. That is where you considered your residence?—A. Yes. 


Redirect examination hy IMr. Dulin : 

Q. This tax receipt that I hand you is for your taxes for tlie vear 1910?—A. 
Yes. 

Q. Did you find that the tax receipt was for Chamhershurj^ Township’:’—A. 
Yes. 

Q. You have heal’d your neishhors, some of them, tell you that you lived in 
rhamhershurj?, did you not?—A. No. 

Q. I will ask you if you did not ask C. A. Dulin the question Saturday after¬ 
noon if you lived in (Miamhershurg or Statesville, and he told you Chamhers- 
burjr?—A. He said if that was the line. • 

Q. And he told you he had alwa.vs heard old residents say the line ran by 
the sycamore’.'—A. Yes; that is what he said. 

Q. Did any of your nei^?hbors say you lived in Statesville’?—A. Mr. Aijle told 
me last Sunday if he live<l in Statesville township that I did—said they could 
not jtet around it. 

Q. You did observe the ma^)—an oflicial map’?—A. Yes; I looked at it Sat¬ 
urday afternoon when 1 was in your office. 

Q. And that map showed you were in (’hanihershurji?—A. These maps d<V 
not run these lines and jret it exact, because Mr. Ellis vote<l and returned in 
another township, and showed up he lived in the township, and I bet if the 
liiie was imn it would show^up the other way. 

Hut that map showed you lived in ('hamhersbur"’?—A. Yes; that map 
showed it. 


Reci-oss-examination hy Mr. Lkwis: 

Q. Have you a poll-tax receiiit for the year 1919; where does it show you 
I)aid your i>oll tax for 1920’?—A. (Headiufi:) “Receipt for taxes for the year 
1920. Receipt No. 110. Received of L. Rock Deal fbi- taxes for 1920, as follows: 
Roll, $1.58; jwoperty tax, $4.72. makinjr a total of $6.25. Stamped, paid Feb¬ 
ruary 1, 1920,” by the sheriff of Ii-edell Douiity. 

Q. You did md vote any place recently excejd in Statesville?—A. No. sir. 

.t. L. ELLIS recalled. 

Direct examination by Mr. P. P. Dui.in : 

Q. Your name is .1. L. Ellis’?—A. Yes. 

Q. State whether or not you live and how Ion;? you lived at the place called 
the Ellis idace, where Mr. Deal now lives.—A. Twenty years. 

Q. When you were living? tli'ere where did your father vote on elections?— 
A. I think^he always voted in (’liaihbersbilri;. 

Q. Do you know where the towiiship liiie idins?—A. They always told me it 
ripi between the house and the wt^lL 

Q. West of tlie house, is that not?—A. Yes. 

Q. And you all weiit to schobl aiKl voted accorlling to that infoi-nuition?— 
A. Yes. 

Croks-examination by Mr. Lewis ; 

Q. You have also hearil .voiir father say he had a right to come to Statesville 
and vote?—A. I don’t re(X)lle;Ct, 

Q. Was not that liis general talk that he had a right to g(» to either place 
he wanted to?—A. Well, I guess so far as I know he did. 

Redirect: 

Q. You know enough about voting to know that a man is requii'wl to vote 
in the township in which he lives’?—A. Yes, 

Q. And you know your father always voted in Chambershurg Township be¬ 
cause he lived there?—A. Yes. 



290 


( A.MPBKLL VS. DOUGHTOX. 


Mr. E. F. JOHNSON testified as follows: 

« 

Direct examination by INIr. P, P. Dulin : 

Q. Your name is E. F, Johnson?—A. It is. ' •). 

Q. Where do you live, Mr. Johnson?—A. No. 2. 

(h How long- have you lived there?—A. Since 1901. 

Q. How old are jmu?—A. Forty-six years old the 21st of last January. 

Q. Did you vote in the election November 2, 1920?—A. I did. 

Q. IMio did you vote for for Congress?—A. Dr. Ike Campbell. 

Q. Did you vote the Republican ticket all the way through?—A.,I never 
voted a straight Democi-atic ticket in my life. I voted for J. C. Lacy, Dr. Ike 
Campbell. 

Q. You voteil nationally a Democratic ticket?—A. I have always voted a 
city Democratic ticket because they don’t run anything else. I have voted for 
Davis every time he has ever run. 

Q. Did you pay your poll tax?—A. Well, I paid my im) 11 tax and did not 
get a receipt. I done a job at the same time I was doing yours and he gave 
me a balance, but he never .did give me a recei])t. I done the work at the 
same time I was doing your work but never got my money but left it there to 
go on my taxes. I got a balance of one dollar and ninety-eight cents ($1.98). 
Mr. Alexander will tell you I was due one but never got it. 

Q. You did pay it?—A. I worked it out. 

Cross-examination by INIr. Lewis : 

Q. You have a balance that Mr. Alexander i)aid you—when did you get that 
balance?—A: I was making up all my old bills before I went to Asheville. 

Q. When was that?—A. Last Saturday. 

Q. So you had not until then made a settlement?—A. No; the work was done 
but the bill was never taken up. 

Q. I believe you heard Campbell speak?—A. Only man I heard speak out 
of the whole time. I said he was the man I was voting for. 

Q. And you did the work for :Mr. Alexander and later made a settlement 
after :May 1, so you really paid your taxes?—A. Yes; but I failed to get a 
receipt. 

Q. Didn’t you really pay your taxes when you made your settlement and 
did not get your balance?—A. I don’t know how that was. 

Q. You never made any settlement until last Saturday or Monday?—A. All 
my taxes are paid for this year and next year. 

Redirect examination: 

Q. And you had worked and earned that money on or before ^lav 1 1920’— 
A. Yes. ‘ . , . 

Mr. FRED LEE KRADLY testified as follows: 

Direct examination by Mr. P. P. Dulin: 

Q. Your name is Fred Lee Rradly?—A. Yes, sir. 

Q. Where do you live, INlr. P)radly?—A. Ward 1. 

(}. How long have you been living there?—A. Twenty-three years. 

Q. What is your age?—A. Twenty-three. ' * 

Q. Did you vote in the election held November 2, 1920?—A. Yes; absentee. 

(J. For whom did you vote for Congress?—A. R. L. Dough ton. 

Q. Did you pay your poll tax on or before May 1, 1920, for the year 1919’_ 

A. No. 

Q. Where were you during the election?-^A. I was in Detroit, Mich. 

Q. Did you authorize anyone to make an-absentee vote for you?—A. Yes - I 
mailed it back to INIr. Lewis. , 

Q. Do you remember who witnessed that certificate that vou returned?—A 
I do not. 

(h Did you have it witnessed?—A. I could'not say. 

Cross-examination by Mr. Lewis : 

Q. To refresh your memory, you mailed that ticket back and said it was 
properly witnessed and fil!e<l in?—A. Ir was. 

(>. Were you, in the late war with Cermany, in the United States Armv’— 
A. l"es. 




CAIVtPBELL VS. DOUGHTOX. 


291 


Redirect examination: 

Q. You stated that that certificate was in’opeiiy witnessed; now will you 
please state who witnessed that?—A. 1 could not be sure; it was signed by 
somebody and was sometliing written on it, and 1 just tilled it out and mailed 
it hack. 

Q- You did not have anyone in Detroit witness it; the witness was already on 
the certificate when you received it?—A. Yes. 

.Air. RAL1‘H A. ARERNATHY testified as follows: 

Direct examination by Air. l\ P. Dulin : 

Q. Ah)ur name is Ralph A. Abernathy?—A. It is. 

Q. Where do you live, Air. Abernathv?—A. AVard No. 1. 

Q. How long have you been living there?—A. About IS months; something 
like that. 

(>. How long have you been in the State?—A. All my life. 

(}. How old are you?—A. Twenty-seven. 

C^. Did you vote in the November 2 election—1920?—A. I did. 

C^. For whom you vote for (Congress?—A. R. L. Doughton. 

Q. Did you pay your poll tax on or before Alay 1, 1920, for the year 1919?—A. 
I did. 

Q. Do you have your receipt?—A. 1 have not. 

Q. Did you pay it by cash or check?—A. I do not remember. 

ii. Do you know how much i)oll tax is for the city of Statesville and State 
and county?—A. No; I do not; the books show that I paid my taxes. 

(2. I am not asking you what the books show. Do you know of your own 
knoAvledge that you paid your taxes?—A. Yes. I have not looked at the books, 

(2. Hpw do you know the books show you paid?—A. Well, she gave me my 
receipt and I saw her put it down on the book. 

Q. How did she put it down, write it or stamp it?—A. Stamped the receipt 
“ Paid.” Aly father was with me ; in fact he paid my taxes because he was 
paying his at the same time, but he was right there. 

Q. Did he take the recei])t?—A. No, I took the receipt; had it, but have worn 
it out. 

Q. But that was for the year 1919, was it not?—A. 1920 wasn’t it? 

Q. I am asking you. Air. Abernathy, it was the 1920 taxes then, wasn’t it?— 
A. No, it was 1919; I have not paid my 1920 taxes yet. 

Q. You are sure it was not 1918 instead of 1919?—A. No, it was not 1918. 

Q. Did you pay your taxes for 1918?—A. Yes, I did. 

Q. Did you keep that rec'eipt?—A. I had them both and they got destroyed 
at the same time. 

Q. But your father'paid your taxes for you?—A. Yes. 

Cro.ss-examination by ^Ir. T.kwis: 

Q. Your initials are R. A. Abernathy?—A. Yes. 

(2* This is the daybook of the sheriff. A\'hen do those records show you paid 
your taxes?—A. Alarch 2:1, 1920. 

Q. Amu were living with your father at the time, were you not?—A. AVell, I 
was staying at both places part of the time. 

(2. Both places part of the time?—A. Yes. * 

(2. Ah)u were not married at that'time?—A. No. 

(2. He went in the sheriff’s oftice with you?—A. He did. 

Q. And you asked him to pay your taxes?—A. Sure. 

(The daybook of the sheritf’s office, Fool S])ring'Townshi]), 1919 taxes: Name, 
Abernathy', R. A. Amount of taxes, 87.2.A. with an addition of 21 cents. Date 
of payment, Alarch 2:i, 1920. $7.2.').) ■ 

(Tiie stub of the receipt: No. :i. Coo] Si)ring Township. Name, R. A. Aber¬ 
nathv. A^alue, personal i)roperty. $200; polls, . 8 : 1 . 70 ; property tax, .$2.00; special 
school tax, IK) cents; making a total of .$7.25, with a ring, .$7.10. Paid. Stamped 
“Paid Alarcli —, 1920. AI. P. Alexander, sheriff.”) 

Q. The cross, that is tlie tax you i)aid?—A. A>s. 

Redirect examination : 

(2. That is the taxes your father paid for you?—A. Well, wliat is the diller- 

•ence? I paid him. 

Q. You paid him back?—A. I did. 



292 


(’A.MPBFJ.L VS. DOUGHTON. 


Q. Wlieii (lid you do thatV—A. Wt'll, when we settled u]) about a W(-ek or tw(^ 
weeks after that. 

Ueeross-exaiiiination : 

ii. All the taxes your fnthei’ paid, you authorized him to jaiy and paid him 
hack?—A. Sure. 

Mr. GEOUdE S. SHIPLEY testified as follows: 

Dii’eet examination by Mr. P. P. Dri.ix : 

(}. Your name is Georf^e S. Shi])ley?—A. Yes. 

Q. Where do yoti live?—A. Precinct 2. 

CL How long you l)een living there?—A. 'Thret* months; something like that ; 
voted in No. 1. 

CL How long have you been living in No. 1?—A. All my life: no. not all my 
life, but have lived in Statesville all my life. 

CL Had ycni lived in No. 1 tour months ])rlor to the election?—A. Yes. 

CL And you moved in No. 2 just after the election?—A. Yes. 

(L How old are you?—A. Twenty-one .Tune 11. 1019. 

Q. Did you vote in the election of November 2. 1920?—A. T did. 

CL Eor whom did you vote for C’ongress?—A. K. L. Houghton. 

CL Did you pay your i)oll taxes for the year 1919 on or befoi'e ]\Iay 1, 1920?—- 
A. Paid 1920 taxes; my father did. 

CL Yh)U did not pay any 1919 taxes?—A. No. 

CL You voted in i)erson?—A. Y>s. 

Gross-examinati(tn by iNir. Lewis: 

CL You say you were 21 .Tune 11. 1919?—A. Yes. 

CL So you made no tax return for the year 1919?—A. Did not have to; was 
not old enough. 

Mr. .1. H. FINLEY" testified as follows: 

Direct examination by Ylr. P. P. Di ltn : 

CL Y"our name is .T. H. Finley?—A. Y’es. 

CL Where do you live, Mr. Finley?—A. Live with (\ T.. Gilbeil. 

CL In what ward?—A. Wai*d 1. 

CL How long have you been living in ward 1?—A. Ever since I have been in 
Statesville. 

CL How long have you lived in the State of North C'arolina?—A. Since about 
1915. 

CL Where did you come from?—A. I caine fronpGastonia over here. 

CL And you lived in Statesville since 1915?—A. No; I did not say that. I 
said State. * 

CL Did you state how long yfni had lived in ward 1 ?—A. Well, since last .Tune. 

Q. You came to the city of Statesville last .Tune?—A. \"es. 

CL Do you know wliat day in .Tune?—.\. No; around the last day of .Tune, I 
think. . > 

CL Where did you come from?—A. Gastonia. 

CL Then you had not been in the county six months prior to, the election; i.sn’t 
that true? Y"ou had only been in the county five months and two days at the 
(jutside?—A. That is right. . 

CL Did you vote in the election,November 2, 1920?—A. I did. 

, Q. For whom I did you vote for Congress?— X. R. L. Houghton. Straight 
Deniocratic ticket. , , 

(L Who registered you at this election?—A. They registered me at No. 1; Mr. 
Moore,registered me. , . 

Q. r)id he make any inquiry as to how. long you had been in the city?—A. I 
do not knoNYjWhether he did or not; he sent some one else to me. 

Q. And you did not go to him at all?—A. No; I did not go to the book. 

CL Did Mr. Moore or anyone administer an oath to you at the time of register¬ 
ing?—A. No; I did not kpow I had to. 

C). Have you a brother by the name of .T. YI. Finley?—A. I have. 

Q. When did he come to this city?—A. I don’t know. 

CL You do not know when he came?—A. I do not. 

cj. Did you pay your poll tax on or before Ylay 1, 1920, for the year 1919?—A. 
I did not. 

Q. How old are you?—A. Twenty-six. 


(’AiMPBELL VS. D()li(iHT()X. 


293 


Q. Did yon vote in ward B?—A. I did; l)nt I thou,tiiit I was voMiiji' in the ri.ijlit 
ward and found that a vote in this ward would not l)e (‘ounted and went around 
and voted in wai’d I ; that is the reason I.sot mixed up. 

Q. Which ward did you vote in lirstV—A. 1 voted here and then went around 
and voted in ward 1. 

(J. Who was witU you wlien you voted in No. 3?—A. I do not know. 

Q. Did you call your name when you came up to voteV—A. I did. 

Q. I>id the resi'^trar make any attempt to tind out wlietlier you were res'?'*- 
tered?—A. They said it was on there; “ write his name down.” 

Q. Do you know the res’i-strar?—A. No. 

Q. Do you know ]Mr. .T. R. Alexander, known as Ituf Alexander?—A. No. 

(^'So you are md positive about who it was who said you were registered and 
so ahead and vote?—xV. I found I was registered in ward 1 after that I did not 
say I was registered in ward 8. I called my name and the fellow went along in 
front of me and showed me where to put them in. 

Q. You voted straight Democratic ticket in No. 3. did you not?—A. I did. 

Q. PYj!' Hon. R. L. Doughton?—A. I did. 

(}. Did you make the di.scovery that you voted in the wrong ward?—A. I found 
out later. 

Q. Who informed you?—x\. Nohody ; I foiiml out. 

Q. How did you hud out?—.V. Well. I found out this was ward 3 and I was 
registered in 1. I thought this was No. 1 when 1 voted around here. 

Where is your brother .1. iM. Finley?—A. I could not tell you; he was in 
Spartanburg the last time 1 heard from him. 

Q. Don’t you know as a matter of fact that he made the same mistake you 
did and voted in two wards?—I do not know what he did at all. 

Q. Did you see him during the day?—A. I saw him late that evening. 

Q. You know how long he has lived in the State?—xV. Nog T do not. 

Q. >Mien he is in the city of Statesville, where does he live—with you or 
some one else?—A. No; he (loes not live with me: I hoard. 

Q. Wheiv does' he hoard?—xV. He stayed in Taylorville a while and here 
a while.. * 

Q. Had he been staying here i)rior to the election?—A. Can’t say; don’t 
remember. 

Q. As a matter of fact you don't know whethei' he lived here or not?—A. He 
did ; he stayed at C. L. Gilbert’s. 

Q. With you?—A. No; with (k L. Gilbert. 

Q. So you do not know anything about your brother?—A. I do not now. 

Q. Do you know whether he came to Statesville before you or after?—xV. He 
eame here after T did. 

(). Where had he been living then?—A. He came from Charlotte here. 

(}. Rut yon do know he came after you did?—A. Yes. 

Ch'oss-examination by Hr. Lewis : 

Q. To refresh your memoi-y. I will ask you this; The registrar down at the 
fire house. Mr. ^Nl'oore. came down with me one night to register you?—xV. Yes. 

Q. And you voted in No. 8 and then found out you had made a mistake?—A. 
I did. 

Q. And you went around to No. 1 and voted?—A. I did. 

(}. You did not mean to vote twice?—A. I did not. 

Redirect examination: 

Q. You still say that there was no oath administered to you?—A. There was 
not. 


* Mr. H. O. HPlRITxVGP: testified as follows: 

Direct examination by Mr. 1*. 1*. DrniN: 

Q. Your name is PI. O. Heritage?—xV. Yes. 

O. Where do you live, Mr. Heritage?—A. No. 1. 

(J. How long have you lived there?—A. Almost tlii-ee years. 

Q. You have lived iii No. .1 more than two years i)rior to the election?—A. Yes. 
Q. Did vou vote on November 2, 1920?—A. \es. 

Q Pkn- whom did you vote for Congress?—A. R. L. Doughton. 

Q. How old are you?—A. Thirty-four. 

Q. Did you pay your poll tax for the year 1919 on or before :\ray 1, 1920?— 
A. Yes. 

Q. Have you your receipt?—A. No. 


294 


(\4MPBELL VS. DOUGHTON, 


Q. Did you pay it witli clieck or by ('usli?—A. I paid it by cnsli. 

Q. Have you any i-ecollection as to what day you paid it?—A. I do not; it 
was some time the latter part of April: 

Q. Did you pay all of it or i)art of it?—A. I paid all of it. 

Q. Do not know what day in April it was?—A. No; but it was tbe latter part. 

Q. Do you kmov IMr. Finley, who Jnst left the stand?—A.'Yes. 

Q. Do you know his brother, J, iM. Finley?—A. Yes. 

Q. Do you know what time he came to Statesville?—A. I think iMr. Finley, 
just on tile stand, came in .Tune, alonir about the middle of .Tune last, he went 
to work for me then; I doirt know when he came. 

Dross-examination by IVIr. I^ewis : 

Q. You paid your taxes in Statesville 'Townshii*?—A. Yes rivadiiye;I : “Stub 
Xo. d7.'); PTeritaae, E. ()., personal property, .$2.V): poll tax, .$8.1).S; property tax, 
.$8 47; makinji' total of .$7.40; in a ring, $7.08, was the amount paid.” Stamped 
“ Paid April 28, 1920—]\[. I*. Alexander, sheriff. Iredell County.” Fi-om the day¬ 
book I read: “Statesville Township; inside, name, E. O. Hei-itage; amount of 
tax. $7.40; date of payment 4/28/20; amount paid, $7.40; with addition of 28 
cents.” 

(j. So you paid your taxes some time in April, 1920?—A. Y>s. 

iMr. WILLIAM MILLER testified as follows: 

Direct examination by iMr. 1*. P. Dulin : 

(y Your name is William Miller?—A. Yes. 

(). Where do you live?—A. AVard Xo. 1. 

How long have .vou lived in Xo. 1?—A. I I'eckon I have lived there about 
two years. 

Q. Did you know what date it was you moved there?—A. Xo; I do not. 

(}. Where did you move from when you moved to ward 1?—A. I reckon I 
moved from South Carolina. 

You have no recollection as to when you did move here?—A. X^o, sir. 

Q. Do you know of any way to refresh your meinoiy so that you may be able 
to testify as to when you came to Statesville?—A. I can’t tell just when I moved 
back that I know of. 

(y Did you buy property when you moved back, or did you rent?—A. Yesr 
think I rented when I first came back. 

(}. Do you know if you rented or bought?—A. I bought in September, 1919^ 
ami then I lived in another house for three or four months before that. 

Q. You know what date in September. 1919, you bought?—A. Xo; I do not. 
It was before that I bought, but that is when I got possession of the house, the 
1st of September. 

Q. You rented about four months before you bought?—A. Something like 
that. 

(j. You know it was not longer than four months?—A. I would not say it was 
longer or less. 

Who did you rent from?—A. Mr. T.,ewis. 

i}. AVhat T.ewis?—A. I live in the Bingham House. 

Q. AVhat is Mr. Lewis’s name?—A. L. C., I believe, are his initials, 

Q. AVonld you be willing to swear to this record that you had lived as long 
as six months in a rented house before you bought?—A. Xo; not unless I 
looked it up and found it out. 

i}. You woidd not be willing to swear it was that long?—A. Xo; not unless 
I found out it was that long. 

Q. Can you find out, and how long would it take you to find out for us?— 
A. I can’t tell; I guess I could find out. 

(I. Did you go to the election X'ovember 2, 1920?—A. Yes. 

(}. Vote in Xo. 1?—A. Yes. 

Q. Had you been in the State two years i>rior to the election?—A. I had with 
the exception of about a month or two that I was out. I was out from April 
to .Tune. 

Q. April to .Tune, what year?—A. That would be in 1919. 

(). Did you live at any other place in the State before moving to States¬ 
ville?—A, Yes. I lived in Anson County one year, but not before I moved to 
Statesville. I was raised in this county and then moved away, 

(j. A"ou stated that you moved from South Carolina to Statesville?—A. Yes. 

Q. At the time you arrived at Statesville, up to Xovember 2, 1920, had two 
years elapsed?—A. I could not say about that. 


CA^NirBELL VS. DOUGH TON. 


295 


(}. You don’t know?—A. No. 

Q. Did yon pay yoiir poll tax on or before May 1?—A. I would if I laid liad 
any cbarjied to me, but did not have any ebar.ued to me. 

(^. How old are you?—A. Tbirty-nine. 

(}. Are you married?—A. Y^es. 

(}. What is your wife’s name?—A. IMary Lee. 

i}. Did she vote in the election November 2, 1920?—A. YA's. 

(>. For whom did she vote for Coiij^ress?—A. Douiihton. 

(}. Did you vote for Doujiiiton?—A. Yes. 

She moved here at the same time you did?—A. Y^es. 

Q. Have you any other members in tbe family that voted?—A. No. 

(}. Did you give lier name? What is her name?—A. Mary Lee. 

Q. Did she also vote in No. 1?—A. YAs. 

(>. If you can find by investigation. Mr. Miller, l)y incpiiring into when you 
rented and you find that you had been in the State for two years prior to the 
election of November 2, ]920, will von return here and let me know that fact?— 
A. YAs. 

(’ross-examination by Mr. I.,ewis : 

i}. ]Mr. Miller, you marj-ied tbe daughter of Mr. W. B. ^McClendon?—A. YAs. 

(]. And they lived in Shari)sbui-g Township?—A. Yes. 

Q. To refresh your memory and straighten Mr. Dulin out, y<m wrote from 
South (’arolina liere to IMi’. IMorrow in 1919 to make your tax returns?—A. YAs. 

Q. Now, you stayed in South (’arolina—how long did you say?—A. From the 
2d of April to sometime in June. 

Y’‘ou went down there, I believe, to ]»ut in some macbiiiery?—Yes. 

C). Iredell County has been your borne all your life, with the exception of 
when you were in Ans'on?—A. Well, 1 was in South Carolina in 1917 and in 
Anson County one year. 

Q. But after that, after 1917, Iredell (’ounty lias been your home ever since, 
and you were in South Carolina temporarily to put in some machinery, and 
you wrote Mr, Morrow to make your return and your poll tax was left off. and 
.vou intended to pay your poll tax?—A. I reall.v intended to and thought I had 
until this came up. 

/ 

]Mr. J, B. BAIMSFY" testified as follows; 

Direct examination by iNIr. B. 1’. Dulix ; 

(L Your name is J. B. Bamsey?—A. Yes, 

Q. Where do you live, Mr, Bamsey?—A, Statesville Township, ward 1. 

Q. How long have you been living there?—A. Thirty years. 

Q, How old are you?—A. Thirty. 

Q. Did you vote in the election November 2, 1920?—A. YAs. 

Q. For whom did you vote for Congress?—A. B. L. Doughton. 

Q. Did you pav your poll tax for the year 1919 on or before Ylay 1, 1920?— 
A. YAs. 

Q. Have you your receipt?—A. No. 

Q. Did you pay your tax by cash or check?—A, Don't remember. 

Cross-examination by Ylr. Lewis : 

Q. YAu are commonly known as Dick?—A. YAs. 

Q. Y^ou made your return as J. Dick?—A. YAs. Here is stub of receipt 
No, 298; personal property, $855; poll tax, $3.93; property tax, $11.63, making 
a total of $15.60; addition of enough to make it $16.04. Stamped “Paid March 
1. 1920. M. P. Alexander, sheriff.” The daybook of Statesville Township; 
outside, 1919 taxes; Bamsey, J. Dick; amount of tax, $15.56; date payment, 
Ylarch 6, 1920; amount paid $15.56, with addition of 48 cents. 

Q. That is the tax, Mr. Bamsey, that you paid?—A. It is. 

Q. And you paid that on the date stamped here; anyway you know you paid 
it before May 1?—A. I did. 

• 

Mr. S. O. STIMPSON testified as follows: 

Direct examination by Ylr. P. P. Dulin : 

Q. YAur name is S. O. Stimpson?—A. Yes. 

Q. Where do you live, Mr. Stimpson?—A. Bight here at the Burke place now. 

Q. What ward?—A. No. 1, I believe. 

Q. How long have you lived there?—A. Ever since last April. 


296 


CAMPBHLT. VS. i)()U(;HT()X. 


Q, How Ions have yon been in the State?—A. All iny life. 

Q. Did yon vote in the election held Xoveniber 2. 1020?—A. ‘Yes. 

Q. For whom did yon vote for Conj^ress?—A. R. 1^. Donj^^hton. 

Q. Did von pay vonr poll tax for the year 1910 on or before May 1, 1020?— 
A. I did. ‘ 

Q. Have yon yonr receipt?—A. I have. 

Q. Let me see it. please. Yon paid yonr poll tax in Tnrner.'^bnr.ii: pr(‘cinct, 
did yon?—A. I did. 

Q. Did yon move to the place yon now live when yon moved to the city of 
Statesville?—A. I did. 

Q. When did yon say yon moved to the place yon now live?—A. T.ast At)ril. 

Cross-examination by Air. I.ewis : 

Q. Yon lived in Tnrnei’sbnr.u- Township np until the time yon moved to 
Statesville?—A. Yes; all my life. 

Q. Yon moved some time in April?—A. About the 1st of April. 

Air, Lewis (i-eadin,u) ; “Tax receipt No. 206; received of S. O. Stimiison 
taxes for 1010, as follows; Poll, .'i?o.40; tax on i)roperty. .$20..“)6; special school 
tax No. 1, 14 cents, makin.u- a total of ,$:l.‘).l(). less H-l cents, makin.u’ total paid 
of 34 . 80 .’’ Stamjied “ Paid November 19, 1010.—AI. P. Alexander. Sbcriff.” 
The daybook for Tnrnersbnrj; Township; 1010 taxes; S. O. Stimitson ; amount 
of tax, 83o.1(); date of payment. II/IO^IO; amonnt paid, .'i^.34.8o and le.^s 3o 
cents. 

Q. So yon i)aid this tax?—A. A’es; I paid it on t^iat date. 

Air. ALBERT STAIONS testified as follows: 

Dii-ect examination by Air. P, P. Ditein : 

Q. A'onr name is Albei’t Simons?—A. Yes, 

Q. Where do yon live?—A. Statesville. 

Q. AMiat ward?—A. First ward. 

■Q. How Ions yon lived in ward 1?—A. All my life. 

Q. How old are yon now?—A. Twenty-two. 

Q. Were yon livins in ward 1 on election day?—A. No. 

Q. Did yon authorize anyone to cast an absentee vote for yon?—A. Yes. ^ 

Q. Who did yon send snch vote to?—A. Air, Aloore. 

Q. I will ask yon if yon remember tellins Air. Duke at tbe time yon were 
snbpmnaed here that yon did not authorize anyone to vote for yon?—A. I 
do not. 

Q. AVhat did yon tell him?—A. I told him “yes.” 

(). A'here were yon at the time of this election?—A. I was in the Army. 

(}. AVhere at?—A. Stationed at Alaryland, near Baltimore—Aberdeen, Aid. 

C}. Did yon rec-eive a certificate to si.sn and return here?—A. Ye.s, sir. 

Q. Did yon si^n the certificate and return it?—A. Yes. 

Q. AAlio witnessed that certificate. Air. Simmons? Do yon remember having 
some one witness the certificate?—A. Aly mother. 

Q. AVas she np there at yonr Army headquarters at that time?—A. No. 

Q. She was? here, was she not?—A. Yes. 

Q. Did yon pay yonr poll tax for the year 1010 on or before Alav 1, 1020?— 
A. No. 

Cross-examination by Air. Lewis ; 

Q. AAdien were ,von born?—A. .Tannary 17, 1800. 

Q. So on Alay 1 or .Tannary 1. 1010, yon were not 21 years of age?—A. No. 

Q. That little white slip in an envelope was mailed to yon ; yonr mother was 
not np there—this is to refresh yonr memory—did not .some of the boys write 
their name on it?—A. A’es; some fellow did it. 

Q. AVell, yonr motber was not np there and did not know anything about it?— 
A. I did not understand it. 

Q, In order to clear the record, if yonr mother was not np there, and you 
mailed it back to Air. Aloore, she conld not have witnessed it?—A. No. 

Q. Yon mailed the certificate in the envelope back to Air. Aloore?—A. Yes. 

liedirect examination; 

Q. If yonr mother did not witness this certificate, then who did witness it?— 
A. A friend of mine. 

Q. Do yon know his name?—A. Sure. 

Q. AVhat was his name?—A. Allison, 


(’AMPBELL VS. DOI^GflTON. 


297 


Q. Will you ^ive his initials?—A. No; T can’t jiivc it. 

Q. Allison is one of your neiiihhor hoys?—A. No; he was a friend of mine in 
the Arni.v. 

Q. And you mean to say you do not know his initials?—A. No; I do not. 

(h How lonj*' have you been with him in the Army?—A. Three months. 

Q. And in the three months you do not rememher his exact name?—A. No. 

Q. And j oil \i ish now to state in the record that when you said your mother 
witnessed the certificate you were mistaken?—A. I did'not understand that 
question. 

Recross-examination : 

(}. hat comjiany wei'e you in?—A. Korty-seventh. 

Q. Mr. Allison was in the same company?—A. Yes. 

Q. They called him Allison?—A. Yes. 

Q. They always call a man hy his last name?—A. Yes. 

Mr. P. G. DEATON testified as follows: 

Direct examination hy IMr. P. P. Di'lin : 

Your name is F. (t. Deaton?—A. Yes, sir. 

Q. Whei'e do you live, :Mr. Deaton?—A. Ward 4, on Race Street. 

(h How lonj; have you lived in ward 4?—A. Since about September 1 or 10 
of this last year—1920. 

(}. Where did you move from when you moved in the fourth?—A. From 
o. on Sharpe Street. * 

(). How old are .you? —A. Thirt.v-nine in June. 

(}. Did you vote on November 2, 1920?—A. Yes. 

Q. For whom did .vou vote for Congress?—A. Congressman Doughton. 

Q. Did .you pay your poll tax for the year 1919 on or before May 1, 1920?— 
A. Yes. ■ . 

Q- Ho .you haye .your tax receipt?—A. No; I think in moying from Moores- 
yille I lost that receipt. I nioyed from Mooresyille in the fall of 1919. 

Q. Did you pay your 1919 poll tax by cash or check?—A. T think by check, 
and hioked for it last night but could not tind it. My \yife and I think it prob- 
abl.y got lost in the moying. 

Q. Do you remember what date it was you paid this?—A. It was in April, I 
think; about the 1st of Ai)ril or last of iMarch, along there somewhere. 

Q. You are not positiye as to when you did pa.y it: have no recollection of 
your own?—^A. No. sir. 

Cross-examination by Mr. Lewis : 

Q. Your initials are F. D. Deaton?—A. Yes. 

Q. You made your tax return in Coddle Creek Townshii), Iredell County?— 
A. Yes. 

Q. Are there an.y other F. O. Deatons there?—A. No, sir. 

Coddle Creek Township: Name, Deaton, F. (1.; amount of tax, $48.20; date 
of payment, February 28, 1920; amount paid, $48.28, with addition of 86 cents. 

Q. That is the tax .you paid?—A. Yes. 

Q. Your poll tax was included?—A. Yes. 

Q. You paid your poll tax before the 1st day of May, 1920?—A. Yes. 

Q. You liyed in Coddle Creek Township up until September, 1919, and then 
you moyed to Statesyille and liyed in the third ward from September, 1919, to 
the latter part of September, 1920, and then moyed to ward 4‘^—A. Yes. 

Q. You registered and yoted in ward 8; you had not been in ward 4 long 
enough, and had to go back to your ward to yote?—A. Yes. 

Q. You did not go any place else?—A. No. 

Redirect examination: 

Q. Have you a distinct recollection that there was a poll tax on the receipt 
you paid?—A. Yes, sir. 

Q. Do you remember how much it was?—A. It was three dollars and some¬ 
thing; .lust less than four dollars; about three seyenty-tive or ninety, some¬ 
where along there is my recollection according to previous years. 

Q. But you are not positive of when you jiaid it? You have refreshed your 
recollection from the records and think you i)aid it before IMay 1. 1920?—A. I 
am sure I did, for I never let my taxes lag after the first of the year. 

Contestant wishes to record the following names, who have been duly 
subptenaed and called in oi)en hearing and have failed to resixmd when their 


298 


C’AMPBKLL VS. DOUGHTON. 


names were called. SnhiKenaed to be at the heariiij? in tlie matter of James I. 
Campbell v. It. L. DoiijLrbton, coiitestee, on Tuesday. INIarcli S, 1921: 

Menser, W. A.; iNIorrison, T. Scarboro; ^Monday, George; ^Mills, B. F.; Thomas, 
A. W.; Sharpe, W. C.; Setzer, O. B.; Tomlin, J. Erwin; Simons, Locke B. 

It is admitted in open hearing by counsel for contestee, R. L. Doughton, that 
J. E. Hoover voted in the fourth ward, city of Statesville, November 2, 1920; 
that he voted for R. L. Doughton for Congress; and that he is l)etween the age 
of 21 and 50, and liable for poll tax for the year 1919; and that he failed to 
pay same on or before the 1st day of l\hiy, 1920. 

Hearings resumed this the 9th day of March, 1921, in the matter of James I. 
Campbell, contestant, v. R. L. Doughton, contestee, in the eighth congressional 
district of North Carolina, Iredell County Courthouse, city of Statesville, before 
,T. A. Stuart, notary public and commissioner of testimony, hearing for con¬ 
testant P. P. Dulin, and for contestee AV. D. Turner and Lewis & Lewis. 

It is admitted in open hearing by counsel for contestee, R. L. Doughton, that 
R. A". Snider voted in the third ward, city of xStatesville, on November 2, 1920; 
that he voted for R. L. Doughton for Congivss; that he is between 21 and 50 
years of age and liable for poll tax for 3919; and that he failed to pay .same on 
or before the 3st day of Alay, 1920. 

It is admitted in open hearing by counsel for contestee, R. L. Doughton, that 
Roy Thomas voted in ward 4, city of Statesville, November 2, 1920; that he 
voted for R. L. Doughton for Congress; that he is between 21 and 50 years of 
age and liable for poll tax for the year 1939; and that he failed to pay same 
on or before the 1st day of May, 1920, 

It is admitted in open hearing by counsel for contestee, R. L. Doughton, that 
F. B. Henry voted in the third ward, city of Statesville, on November 2, 1920; 
that he is between the age of 21 and 50 years and is liable for poll tax for the 
year 1919; and that he failed to pay same on or before May 1, 1920. 

It is admitted in open court by counsel for contestee that Roy Thomas, person 
above stated, who voted in fourth ward and whom, it was stated by counsel 
for contestant, had not paid his poll tax for the year 1919, thereby leaving the 
contestee to believe he was being challenged, it is now agreed that he was a 
soldier in the war with Germany, and was discharged from the Army after 
^Iay3,1919. 

Mr. AI. A", THOAII’SON testified as follows: 

Direct examination by Air. P. P. Dulin : 

Q. Your name is AI. A". Thompson?—A. Yes. 

Q. AA’here do you live. Air. Thompson?—A. On Air. Bristol’s farm. 

Q. AAJiat ward?—A. Fourth ward. 

Q. How long have you been living there?—A. About IS or 19 years, 

Q. How old are you?—A. Thirty-three. 

Q. Did you vote in the election November 2, 1920?—A. Y^es. 

Q. Hid you vote for Hon. R. L. Doughton for Congress?—A. Yes. 

Q. Did vou pay your poll tax for the year 1919 on or before Alay 1, 1920?— 
A, No. 

Cross-examination by Air. Lewis : 

Q. Air. Thompson, before Alay 1, 1920, did you phone Air. Bristol to go to the 
sheriff and pay your taxes and that you would pay him back?—A. I asked him 
at his house, and it is the same. 

Q. AAJiat did he tell you later was the reason that had not been done?— 
A. Said that they had an agreement that no one was to be challenged for the 
nonpayment of poll tax. 

Q, He told you that and told you they could be paid later; that is the reason 
they have not been paid?—A. That is the reason. 

Air. H. C. BRISTOL testified as follows: 

Direct examination by Air. P, P. Dulin : 

Q. Your name is H. C. Bri.stol?—A. Yes, 

Q. AVhere do you live. Air. Bristol?—A. 204 West Broad Street, fourth ward. 

Q, How long have you lived in the ward?—A. Ever since seven years ago. 

Q, Did you vote in the election November 2, 1920?—A. I'^es. 

Q. How old are you?—A. Twenty-three. 

Q. Did you pay your poll tax for the year 1919 on or before Alay 1, 1920?— 
A. No. 


('AMPBELL VS. DOITGHTON. 


299 


Cross-exaniiiintioii by IMr. Lewis: 

C>. You were iu school aiul a member of wbat is known as S. A. T. C.?— 
A. Yes. 

Q. When were you discliarj^ed?—A. December 10, 1918. 

]Mr. H. H. ABERNATHY testified as follows: 

Direct examination by Mr. P, P, Dulin : 

Q. Your name is H. H. Abernathy?—A. Yes. 

Q. Where do you live, Mr. Abernathy?—A. 3.54 Armfield, Statesville, ward 3. 
Q. How lonj? have you lived there?—A. Since March 16, 1920. 

Q. How loiijs: have you lived in the States?—A. x\ll my life. 

(1. Did you vote in the election November 2, 1920?—A. Yes. 

Q. Did you vote for Hon. R. L. Doughton?—A. Yes. 

Q. How old are you?—A. Twenty-five. 

Q. Did you pay your poll tax for the year 1919 on or before May 1, 1920?— 
A. Yes. 

Q. Did you pay this money yourself or did some one pay it for you?—A. I 
paid it myself. 

IMr. H. C. HOST testified as follows: 

Direct examination by Mr. P. P. Dulin: 

Q. Your name is H. C. Bost?—A. Yes. 

Q. Where do you live, IMr. Bost?—A. Eijihth Street, third ward. 

Q. How lon. 2 : have you lived in the third ward?—A. Since 1916. 

Q. Did you vote in the election November 2. 1920?—A. Yes. 

Q. For whom did you vote for Conj?ress?^—A. Hon. R. L. Doughton. 

Q. AVhat is your age?—^A. Twenty-seven. 

Q. Did you make a tax return for tlie year 1919?—A. No, sir. 

Q. Did you pay your poll tax for the vear 1919 on or before IMay 1, 1920?— 
A. No. 

Cross-examination by Mr. Lewis : 

Q. How old did you say you were?—A. Twenty-seven. 

Q. Were you in the Army?—A. Yes. 

Q. Tliat is the reason you did not pay your poll tax?—A. Yes. 

Q. When were you discharged?—A. .Tune 20, 1919. 

IMr. W. T. BELL testified as follows: 

Direct examination by Mr. 1*. P. Dulin : 

Q. Your name is W. T. Bell?—A. Yes. 

Q. IVhere do you live, Mr. Bell?—A. Eighth Street, third ward. 

Q. How long have you lived in third ward?—A. About four or five years 
since I moved in third ward. 

Q. Did you live in third ward four months preceding the election?—A. That 
was my home. 

Q. I asked you the question if you lived there?—A. Yes; when I was here. 
Q. AVhere did you work?—A. In Lexington most of last year. 

Q. Did you vote in the last election?—A. Yes. 

Q. Vote for R^ L. Doughton for Congress?—A. Yes. 

Q. What is your age?—A. Forty-eight. 

Q. Did you pay your poll tax?—A. No. 

Cross-examination by Mr. Lewis : 

Q. You are a married man?—A. Yes. 

Q. Your wife is living here?—A. Yes. 

Q. Did you hear about this agreement being made between the Republican 
and Democratic Party?—A. Yes. 

IMr. J. R. BALLARD testified as follows: 

Direct examination by Mr. P. P. Dulin: 

Q. Your name is J. R. Ballard?—A. Yes. 

Q. Where do you live?—A. Third ward, Statesville. 

Q. How long have you lived there?—A. May 31, 1919. • 

Q. How long have you lived in the State?—A. All my life. 


300 


(’AIMPBELL A'S. DOlKiHTOX. 


« ' 


Q. Did yon vote in the election November 2, 1020?—A. I did. 

Q. For whom did yon vote for (’oii^;ress?—A. Donj^liton. 

Q. Did yon make a tax return for the year 1010?—A. I did. 

Q. Did yon pay yonr poll tax for the year 1010 on or hefoi-e the 1st of 
May, 1020?—A. I am not sure al)ont my poll tax;' it seems they aiv paid; that 
is what is in my mind. 

Q. Have yon made any effort to tind out since interviewiiiii- me on the 
subject as to whether yonr tax was made in Bnn(‘om]>e?—A. 1 have ma,. 

Cross-examination by Mr. Turner: 

Q. So yon don’t know whether it was paid or not?—A. I am not sure, but 
that is tlie way I have it in my mind. ISly wife and I talked abont it tbe other 
nijjlit, and we think we paid them. 

(}. Before iNIay 1 ?—A. Yes; a few days before I left Aslieville. 

Q. Tlien it was paid l)efore May 1?—A. Yes. * 

Itedirect examination: 

Q. When did yon say yon left Asheville?—A. I left Asheville and inove<l here. 
Q. What year?—A. 1919. 

Q. As a matter of fact yon don't know; the sherilf did not have the book,s 
when yon left Asheville?—A. I am not np on that. 

Q. Yhni did not pay any tax after yon came here?—A. No. 

Mr. W. F. BUIDCES testified as follows: 

Direct examination by INIr. P. P. Dulin : 

Q. Yonr name is W. F. Bridjjes?—A. Yes, 

Q. Where do yon live, Mr. Brid^res?—A. On Fifth Street. 

Q. In thii’d ward?—A. Yes. 

Q. How lonji' yon been living’ there?—A. P^onr years. 

Q. Did yon vote in the electi(m November 2, 1920?—A. Yes. 

Q. What is yonr ajje?—A. Twent.v-six. 

Q. Did yon make a tax return for the .vear 1919?—A. Yes. 

Q. Did yon pay yonr i)Oll tax on or before May 1, 1920, for the year 1919?— 
A. Yes. 

Ci-oss-examination b.v ]\[r. Lewis: 

Ml-. Lewis (reading;): “It is ordered by tbe board of commissioners that 
Ph-ank Brid,5j:es be exemjit from tbe payment of poll tax until revoked. .1. P]. 
Boyd, Chairman: AV. H. Morrow and .1. W. Sharp, deputy clerk to board.” 
This October 4. 1917. 

Q. Yonr name is Ph-ank Bridfxes?—A. Yes. 

Q. This order has never l>een revoked?—A. No. 

Itedirerd examination: 

Q. What do yon do now?—A. Nothins:. 

Becr< >ss-exa m i na t ion : 

Q. What is yonr physical .condition?—.V. Health trouble. 

Q. That is the reason why they exempted yon?—A. Yes. 

Mr. K. D. CHKISTOPHPIH testified as follows: 

Direct examination by Mr. P. P. Dulin: 

Q. Yonr name is K. D. ('hristopher?—A. Yes. 

Q. Where <lo yon live, Air. (’hi-istopher?—A. 864 Sharpe Street, third ward. 

Q. Hmv loiiu’ have yon lived there?—A. A little over two years. 

Q. Did yon vote in the election November 2, 19“20?—A. Yes. 

Q. Where did yon vote?—A. Here at the courthouse. 

Q. What is yonr a^e?—A. Thirty-one. 

Q. Did yon make a tax return for the year 1919?—A. I'es. 

Q. Did yon pay yonr i)oll taxes for the .vear?—A. Not until May 8. 

Ci-(>ss-examination by Air. I.ewis : 

(L Did .von send the money np here to pay yonr taxes before Alay 1?—A. Yes. 
(}. AVho by?—A. W. D. Christopher. 

Q. The records show it was not paid until Alay 8.—A. I came back and paid 
it myself after that. • 


(’AMPBELL Vrt. DOITGHTON. 


301 


1 ..^’ lieard about this a.ureeineiit botween tlie Kepnl)lio}iu and Deiuocratic 
Iait\ . A. es That is why I voted, because of the asreeiueiit. I thought it 
would be all njtht to vote. 


Mr. O. H. CHKTSTOPHEK testified as follows: 

Direct examination by Mr. P. P. Dulin : 

Q. Your name is O. H. Cbristopher?—A. Yes. 

Q. Where do you live, Mr. Christopher:—A. On Eighth Street, third ward. 

Q. How long luive you lived there?—A. Nineteen years. 

Q. Did you vote in the election November 2, 1920?^^—A. Yes. 

(J. What ward?—A. Third. 

Q. What is your age?—A. Thirty-six. 

(J. Did you make a tax return for the year 1919?—A. l"es. 

Q. Did you pay your poll tax?—A. No. 

Cross-examination by iMr. Lewis: 

Q. You made your tax return and no poll was charged against you?—A. Yes. 
O. Did the commissioners exemi)t you?—A. Yes. 

Q. Why did they exempt you?—A. I had pneumonia and lost my right lung. 

Q. You have your exemption with you?—A. No; but have a katement from 
the books. 


Mr. K. H. CKAKJ testified as follows: 

Direct examination by Mr. P. P. Dulin ; 

Q. Your name is K. H, Cra^g?—A. l"es. 

Q. Where do you live, Mr. Craig?—A. Third ward, Sharpe Street. 

(J. How long have you lived there?—A, About 24 years. 

(L r)id you vote in the election held Novemlier 2, 1920?—A. I did. 

Q. Did you vote in the third ward?—A. Yes. 

Q. What is your age?—A. Twenty-four. 

Q. Did you make a tax return for the year 1919?—A. Yes, , ' 

Q. Did you pay your poll tax for the year 1919 on or before May 1, 1920?—A. 
I am not positive about that, but don’t think I did. 


I\Ir. W. F. CHESTER testified as follows: 

Direc't examination by Mr. P. P. Dulin : 

Q, Your name is W. F. Chester?—A. Yes. ^ 

Q, Where do you live, Mr. Chester?—A. In the third war'd. South Center 
StrWt. 

Q. How long have you lived there?—A. About 18 months. , 

Q. How' long have you lived in the State?—A. All my life, except about six 
months. 

Q. Did you vote in the election of November 2, 1920?—A. I did. 

Q. Did you vote in the tlprd ward ?—A. I did. ^ . 

(.>. Who did you vote for for Congress?;—A. R. L, Dougli^ton. 

Q. Did you make a lay return for the year 1919?—A. I did, 

Q. Did you pay your poll tax for the year 1919 on or before May 1, 1920?— 
A. I 'did. 


Mr. I. T. 


SPEAKS testified «s follows: 


Direct examination by Mr. IP. P. Dulin : 

^Q. Vour name is t. T. Speaks'?—A. Yes. 

Q. Where dp you live, Mr. Sp.ea,ks?—A., Third wapl. ^ ^ ^ ^ ^ 

Q. How long have you lived in the third.ward?—A. At)6ui l'4 lyears. 

Did you vote *in the election ‘of November 2, 1920?—pA.^ 

Q. Where did you vote?—A. Statesville; here at the courthouse. 

Q. What is your age?—A. Thirty-six. 

Q. Did you make a tax return for the year 1919?—A, Yes. 

Q, Did you pay your poll tax for the year 1919 on or before May 1, 1920?— 
A. I sure did ; paid it in December. 

Q. Who did you pa.v it to?—A, INIr, M. P. Alexander, sheriff. 

Q. IVas he in the office at that time?—A. Yes. 


302 


CAMPBELL YS. DOUGHTOX. 


Cross-examination by Mr. Lewis : 

Q. You pay on tlie outside of Statesville; I ask you if you know there were tvvo 
tax receipts on the book and one was an error and the one on the book now is 
marked an error, and you paid your taxes?—A. I have a receipt. 

No. 337, Statesville, outside, Iredell County; received of S. T. Speaks taxes 
for 1919, as follows: Polls, $3.93; property tax, $3.81; making a total of $7.74; 
stamped “ Paid December, 1919; M. P. Alexander, sherilf of Iredell County.” 

(1. The receipt, Mr. Speaks, sliows you paid the flat rate—that is, the amount 
charged, without adding to or taking from?—A. Yes. 

INIr. H. L. ELLIS testified as follows: 

Direct examination by Mr. P. P. Dulin : 

Q. Your name is H. L. Ellis?—A. Yes. 

Q. Where do you live, Mr. Ellis?—A. Third ward. 

Q. How long have you lived there?—A. About four years. 

Q. Did you vote in the election held November 2, 1920?—A. Yes. 

Q. What ward did you vote in?—A. Third. 

Q. Who did you vote for for Congress?—A. R. L. Dough ton. 

Q. What is your age?—A. Twenty-five. 

Q. Did you make a tax return for 1919?—A. Yes. 

Q. Did you pay your poll tax for the year 1919 on or before May 1, 1920?— 
A. Yes. 

Q. Have you a tax receipt?—A. Yes; I gave it to .lohn. 

Q. Who did you pay your taxes to?—A. To Sheriff Alexander. 

Q. Did you pay it to him himself?—A. Yes. 

Q. Did you pay it in cash or money?—A. Paid it in money. 

Q. How much was it?—A. $4.47. 

Q. Is this the tax receipt?—A. Yes. 

Q. This tax receipt is made out to H. T. Ellis?—A. H. L. 

Q. Look at it and see if it is H. L.? Is it H. T. or H. L.?—A. It is due to be 

H. L. 

Q. Is it H. T. or H. I..?—A, It does not look like a T or it does not exactly 
look like a H. 

Q. So you can’t tell whether it is a T or an L.?—A. No, sir. 

Cross-examination by Mr. Lewis : 

Q. In other words, it doesn’t make any difference how this receipt is marked, 
it is the receipt you got when you i)aid your taxes?—A. Yes. 

(2. And you paid it before May 1, 1920?—A. Yes. 

Does the amount of this receipt correspond with the tax retui’ii’?—A. Yes. 

]\Ir. M. B. EDWARDS testified as follows: 

Direct examination by INlr. P. P. Dulin: 

Q. Your name is M. B. Edwards?—A. Yes. 

Q. Where do you live, Mr. Edwards?—A. Route 3. 

In what ward?—A. Third ward. . . 

Q. How long have you lived there?—A. About two years. • 

Q. Did you vote in the election November 2, 1920, in the third ward, city'of 
Statesville?—A. Yes. 

Q. Did you vote for Hon. R. L. Doughton?—A. I don’t lalow; I voted a Repub¬ 
lican ticket. I don’t remember the names. 

Q. Did you pay your poll tax?—A. No: I did not pay any tax. 

Q. And you are sure you voted for R. L. Itoughtou?—A. I got iny tax receipt, 
the only one I ever paid. j. 

Q. I am asking you if you are sure you voted for R. 1^ Doughton for Con¬ 
gress?—A. No; I don’t know'who I voted for, I did not look at my ticket, I 
fooked at the county ticket. 

Q. Who did you vote for in the county and State?—A. Davis. 

Q. Who for governor?—A. I don’t remember. 

Q. Only man you can remember voting for is Davis?—A. Yes. I voted for 
Harding. 

Cross-examination by Mr. Lewis : 

Q. You voted a straight Republican ticket?—A. Yes. 

(J. So, if i\Ir. Doughton is a Republican you voted for him, but otherwise you 
did not?—A. I did not. 


('AMPBET.L VS. DOUGHTOX. 


303 


Q. 

A J 


\()11 votod for the man who ran for Congress on the Uennhliean ticket’_ 

A. I voted a straigiit llepnhlican ticket. 

(). So yon naturally voted for the man who ran for Congress on the liepiibli- 
can ticket?—A. Yes. 


Itedirect examination : 

Q. You just stated the only two names yon knew vou voted for were Davis 
and Harding?—A. Yes. 

Q. Do >mu wish now to take that hack that you do know who you voted for 
outside of that?—A. Well, 1 voted a straight llepuhlican ticket. 

Kecros.s-exa mi nation: 

Q. iNIr. Davis is a Repuhlican?—A. Yes. • 

Q. You know that?—A. Yes. 

Q. You know I’resident Harding is a Iteimhlican?—A, Yes. 

(}. You know you A’oted a straight Repuhlican ticket on down the line?—A 
Yes. 


Redirect examination: 

Q. Who took you up to the i»olls to vote?—A. Xohody. 

Q. Which side of the hall did you get your tickets on?—A. Du the right-hand 
side coming in. 


IMr. C. C. EDWARDS testitied as follows: 

Direct examination by ]N[r. I’. P. Dultn : 

Q. Your name is C. C. Edwards?—A. Yes. 

Q. Where do you live, JMr. Edwards?—A. Third ward. 

Q. How long have you lived there?—A. All my life. 

Q. How old are you?—A. Twenty-one years old. 

Q. When were you twenty-one?—A. Last April 5, 1920. 

Q. Did you vote for R. L. Doughton for Congress?—A. Y'es. 

Q. Did you make a tax return for the year 1919?—A. No.' 

Q. Did you make a tax return for the year 1920?—A. Yes. 

Q. You made no tax return for 1919 or paid any taxes?—A. No. 

Cross-examination by Mr. Turner : 

Q. You did not return any taxes for 1919 for the reason you were then not 
21?—A. No. 

Q. Nor the 1st of May following you were not 21?—A. April 5, 1920, I was 21. 


Mr. W. G. GATLIN testified as follows: 

Direct examination by IMr. P. P. Duein : 

Q. Your name is W. G. Gatlin?—A. Yes. 

Q. Where do you live, Mr. Gatlin?—A. Third ward. 

Q. How long have you lived there?—A. About two years. 

Q. How long have you lived in the State?—A. I have lived in the State all 
my life, ; 

Q. Did you vote in the election November 2, 1920?—A. l^es. 

Q. Where did you vote?—A. In the third ward. 

Q. At the courthouse?—A. Yes, 

Q. What is your age?—A. Twenty-eight. 

Q. Did you make a tax return for the year 1919?—^A. No. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. No. 

Cross-examination by IMr. Turner: 

Q. You were a soldier of the war?—A. Y’^es. 

Q. When were you discharged?—A. Third day of April. 

Q. Where were you when you were discharged?—A. Columbia, Camp Jackson. 

t 

Mr. JOHN HONBARGER testified as follows: 

Direct examination by Mr. P. P. Dulin : 

Q. Your name is .lohii Honbarger?—A. Yes. 

Q. Where do you live, Mr. Honbarger?—A. Third ward. 

Q. How long have you lived in the third ward?—A. Ten years. 

Q. Did you vote in'the election of November 2, 1920?—A. l"es. 


304 


('AMPBKLL VS. DOUGHTOX. 


Q. For whom did yon vote for (!oiie:ress?—A. Voted a strui.aht Democratic 
ticket. 

Q. Wliat is your aj^e?—A. Forty. 

Q. Did you make a tax return for tlie year 11)19 ami did you pay your ]>oll 
tax for the year 1919 on or before ^lay 1, 1920?—A. Xo. 

Cross-examination l)y ]Mr. Tuener : 

Q. You knew that there was an agreement between the Democratic and 
Republican I*ai'ty that tliey were not to he challeipired for the nonpayment of 
poll tax?—A. \>s, 

Mr. R. E. DUINiERX testified as follows: 

Direct examination by Mr. P, P. Dulin: 

Q. Yom* name is R. E. Dunierx?—A. Yes. 

Q. Where do you live?—A. Third ward. 

C}. How long have you lived there?—A. Twelve months. 

Q. How long have you lived in the State?—A. Almost foiii’ years. 

Q. Did you vote in the election November 2, 1920?—A. Yes. 

Q. For whom did you vote for Congress?—A. R. L. Doughton. 

Q. What is your age?—A. Thirty. 

Q. r)id you make a tax return for the year 1919?—A. Yes. 

Q. Did you pay your i)oll tax for 1919 on or before May 1, 1920?—A. I did. 

Q. Who did you pay it to?—A. I paid it in the sheriff’s office; I don’t recall 
whether it was to him or to his secretary. 

Q. Do you rememhei- what date you paid it?—A. I don’t recall the date. 
I have the receipt in my pocket. Do you want to see it? 

(’ross-examination by Mr. Lewis: 

(y You i)aid it Januai-y 2, 1920?—A. Yes. 


Mr. A. C. HUNTER testified as follows: 

Direct examination by Mr. P. P. Dulin : 

Cy Youi’ name is A. (’. Hunter’?—A. Yes. 

Q. AVhere do you live, Mr. Hunter?—A. West Broad Street, third ward. 

(y How long have you lived there?—A. About 1.1 months. 

Q. How long have you lived in the State’?—A. .\11 my life. 

(y Did you vote in the election November 2. 1920?—A. Yes. 

(y Where did you A’ote?—A. (Vmrthouse. 

ty Third ward’?—A. Yes. 

Q. Fi>r whom did you vote for Congress’?—A. Doughton. 

(y M'hat is your age?—A. Twenty-seven. 

Q. Did you make a tax return’?—A. Ye.s. 

Q. Did you pay your.poll tax on or before May 1, 1920, f(U- the vear 1919?—A. 
Yes. 

Q. Have you your tax receipt’?—A. Yes; hut I don’t have it with me. I paid 
iiiy taxes in Newton. 

Q. You paid your 1919 taxes in Catawba and have not your receiid witli 
you?—A. No. 

Q. How long did you say you had been living in Iredell?-—A. I have Been here 
about IS months, hut have only been in the third^ward ahiiut 15 months. 

Q. Do you rememlipr what ‘late you paid your taxes’?—A. i do holt; I kiipw 
it was just hefy>re ]\Iay 1. because we sent a fellinv up t() pay two or throi^ 
taxes for us oh the same day. 

Q. Did you send the money by him, or di<l he pay it for you?—A. No; I 
sent the money. 


Mr. SPURGEON KEYToN testified as follows: 


Direct examination by Mr. P. P. Dulin: 

Q. Your name is Spurgeon Keyton?—A. Yes. 

Q. Where do you live?—A. On Drake Street, third ward. 

Q. How long have you lived in third ward’?—A. About three years. 
Q. Did you vote in the election of November 2, 1920?—A. Yes. 

Cy Who did you vote for for Congress’?—A. R. L. Doughton. 

C>. What is your age’?—A. Twenty-seven. 


('AMPKKLL VS. T'C'UC-j]T(;X. 


305 


Q. Did you make a tax retiini for tlie year 1919V—A. Yes. 

ty D.d you pay your taxes for 1919 on or before May 1. 1929V—A. I paid 
tlmin, but don't remember whether it ^^■as before May or lu't. 

\ (y Have you your tax receipt'.'—A. I liave it at borne. 

(}. So. you are not sure as to when you i)aid vour tJixesV—A No - I <lo not 
rememl)er when 1 paid them. 

(boss-examination by iMr. Lewis: 

(.y You fbink you paid them befoi-e May 1, 1920'.^—A. 1 tlnnk I did. 

Mr. W. 1'. KKL1>KY testitied as follows: 

Direct examination by iMi-. I*. I*. Dt-jux : 

(y Youi- name is W. 1\ Kelley'.-'—A. Yes. 

(y M liere do you live, Mr. Kelle.v'V—A. Thii-d ward. 

(.y Hov' lon.u' have you lived thei-eV—A. Eiijht .vears. 

Cy r>id you vote in the election November 2, 19'i0'.'—A. Yes. 

(y Where did you vote'.'—A. At the courthouse. 

(.y Third ward'.-*—A. Yes. 

(.). Did you vote foi- Doujibton for (A>n,uress''—A. Yes. 

(.y What is your ajre?—A. Forty-two. 

(.y I »id you mak(‘ a tax return for the year 1919'.'—A. No. 

ty Did you pay your poll tax on or before May 1, 1920'.'— A. No; f uimUm*- 
stood it liad been waive<l. 

(’ross-examination by Mr. Lewis: 

cy You understood that an a;;reement had been made between the Democrats 
ami Repuldicans that no one would be cballen 2 ;e<lV—A. Yes. 

(.y Your borne has been here eijiht years*'—A. I am a traveliiiir salesman. 

(.y This lias lieeii your home*.'-—A. Yes. 

(y You married a jtirl here in Statesville?—A. Yes. 

Mr. CARL M. LINDSEY testitied as follows: 

Direct examination by iMr. R. 1*. Dulin : 

Q. Your name is Carl M. Lindsey?—A. l^es. 

(.y Where do you live?—A. Dn Eighth Street, third ward. 

Q. How loiijLr have you lived tlu're?—A. About 12 years. 

cy Did .vou vote in the November election*'—A. Yes. 

cy For whom did you vote for Congress?—A. R. L. Doughton. 

(y How old are you?—A. Thirty. 

cy Did you make a tax return for the year 1919?—A. Yes. 

Cy Did you pay your jioll tax?—A. Ab). 

(b-oss-examination by Mr. Lewis: 

(y You ai-e exempt from fioll tax?—A. Yes. 

cy IVhat is the ground of your exemption?—A. I have only one finger on one 
hand. ( Reading:] “ It is ordered by the board of county commissioners of Iredell 
County that Carl Lindsey be exempt from poll tax until revoked by the county 
commi.s.sioners. This iMay 1. 1911. Signed, John M. Boyd, chairman of the 
board.” 

cy Has that order ever been i-evoked?—A. No. 

Redirect exanunation : 

(y You have no notice of it being revoked?—A. No. 
cy M'haf do you do*V—A. I work in the mill—cotton mill, 
cy What do you make a day?—A. About $4. 

(>. That is pi-etty fair wages for a man, isirt it*?—A. Yes; when he gets to 
work. 

cy That is about as mm-b as anybody ma.kes?—A. Yes; I guess it is. 
cy What do .vou do in the mill*?—A. Work in the machine shop. 

(y So you were not exemjit for the reason of infirmity or poverty? 

( b-oss-examillation by Mr. Lewis; 
cy You were exemjit because of your crippled condition?— A. Y^es. 

Cj. That is physical infirmity. When you make ypur tax return every year you 
are marked exempt from the payment of poll tax?—A. Yes. 


57695—21 


■20 



■1 


306 CAMPBELL VS. DOUGHTON. 

]Mr, G. E. ^lAliSHALL testified as follows: J 

Direct exaiiiiiiatioii by Mr. P. P. Dulin : 

Q. Your name is G. E. Marshall?—A. Y^es. 

Q. Where do you live?—A, Third ward. 

(i. How long have you lived there?—A. All my life. 

Q. Did you vote in the election November 2, 1920?—A. I did. 

Q. Did you vote for R. L. Doughton for Congress?—A. Yes. 

(L What is your age?—A. Twenty-two. 

Q. When were you 21 years old?—A. May 30, 1919. 

Did you make a tax return for the year 1919?—A. I did not. 

Did you pay your poll tax?—A. No. 

Cross-examination by Mr. Tuknek : 

Q. You did not have to pay at all until you came of age?—A. No, sir. 

(2- That is why you did hot pay any poll tax—you were not liable?—A. No; 
I was in the Army. 

Mr. MARVIN F. MARSHALL testified as follows: 

Direct examination by Mr. P. I*. Dulin : 

Q. Your name is Marvin F. Marshall?—A. Yes. 

Where do you live?—A. Third ward. 

Q. How long have you lived there?—A. Twenty-five years. 

Q. Did you vote in the November election?—A. I sure did. 

(}. Who did you vote for for Congress?—A. Hon. R. L. Doughton. 

Q. Did you pay your poll tax for the year 1919 on or before May 1, 1920?—A. 
No. ' 

Cross-examination by INIr. Lewis : 

Q. You were a soldier in the late war with Germany?—A. Yes. 

Q. When were you discharged?—A. August 21, 1919. 

Q. And notwithstanding the fact that you were a soldier and discharged after 
May 1, 1919, and notwithstanding the fact that the county commissioners of 
Iredell County exempted all such soldiers from the payment of poll tax the coun¬ 
sel for the contestant. Dr. .1. I. Campbell, asked you whether jam paid your poll 
tax on or before May 1, 1920, thereby indicating he was challenging your vote; 
isn’t that a fact?—A. Yes. 

/ Redirect examination: 

Q. ]Mr. Marshall, I believe you said you were in the Army?—A. Yes, 

Q. I congratulate you for having been there. Under an agreement with the 
attorney for contestee. R. L. Doughton. I may have lost my vote cast in the last 
election of November 2, 1920. Can you see any distinction between yourself 
and me?—A. I can't say I do. 

Q. Isn’t it just as right for you to lose your vote as it is for me to lose my 
vote?—A. I know I am entitled to vote. 

Q. If you would be entitled to vote, then, why should I not be entitled to 
mine?—A. It looks like you should be. 

Cross-examination by Mr. Turner: 

Q. He could vote under the same conditions you did?—A. Yes. 

(Counsel for contestee again inserts in the record that he does not, or at any 
time during this hearing, wish to challenge any .soldier that served in the war 
with Germany that is discharged after May 1. 1919, and it is now stated that he 
has not challenged P. P. Dulin’s vote and shall not challenge it at any time.) 

Mr. N. 1*. MENISH testified as follows*: 

Direct examination by Mr. P. P. Dulin : 

Q. Your name is N. P. Menish?—A, Y^es. 

Q. Where do you live?—A. At the cotton mill, third ward. 

Q. How long have you been living there?—A. Soon be a year. 

Q. AVhere did you move from when you moved there?—A. Close to Oak Forest. 

Q. Iredell County?—A. Yes, 

Q. Did you vote in the election November 2, 1920?—A, Y"e.s. 

Q. For whom did you vote for Congress?—A. Ylr. Doughton. 

Q. What is your age?—A. Forty-five. 

Q. Dhl you make a tax return for the year 1919?—A. Y"es. 


CAMPBELL VS. DOUGHTON. 


307 


Q. Did you pay your poll tax for the year on or before INIay 1, 1920?—A, No. 
Cross-exaniiiiation by Mr. Lewis : 

Q. Did you know of this aKi’eement between the Democrats and Kepul)licans?— 
A. I thought I had paid my taxes and lieard them talkinjj about this aiireeim'nt 
and did not come to see; tliousht it would be all ri.aht anyway. 

Mr. H. G. COUPLE testified as follows: 

Direct examination by Mr. P. P. Dlltn : 

Q. Your name is H. G. Couple?—A. Yes. 

(}. Where do you live, INTr. Couple?—A. Third ward. 

Q. How lonji- have you lived there?—A. About 25 years. 

Q. Did you vote in the November election?—A. Yes. 

Q. For whom did you vote for Congress?—A. Tl. Jj. Doughton. 

Q. What is your age?—A. Fifty. 

Q. Did you make a tax return?—A. Yes. 

Q. Did you pay your poll tax?—A. I paid my taxes but don’t know whether 
any indl was charged or not. 

Q. So you don’t know if you paid it or not?—A. No. 

Cross-examination by Mr. Lewis : 

Q. You know you paid your taxes on or before May 1 and intended to pay your 
poll tax if any was charged?—A. Yes. 

Redirect examination : 

(y Yon have lived in Virginia for some time, have you not?—A. I worked 
out there during the war. 

Q. How long (lid you live in Virginia?—A. About two years. 

Q. Did you pay any tax up there?—A. Yes. 

Q. Did you i»ay any poll tax or do they have poll tax?—A. I do not know. 

(2. When (lid you return from Virginia'?—A. Latter part of IMay, 1020. 

Uecross-examination : 

Q. You were uj) there working for a war-work concern?—A. Yes. 

(}. And this had been your home all the time?—A. Yes. 

(.). In othei’ words, you intended this to be your home?—A. Yes. 

Redirect examination : 

Q. You sold your i)roperty?—A. No; I own my home place. 

Q. Did youi‘ wife go with you to Virginia?—A. No: she was there part of 
The time. 

Q. She returned with you when you came back?—A. Yes. 

]\rr. ]\L INI. MORRISON testified as follows: 

Direct examination l)y Mr. P. P. Dulin : 

<}. Your name is INI. iM. ^lorrison?—A. Yes. 

(}. Where do you live, Mr. Morrison?—A. Corner of Sharpe and Ray Streets, 
third ward. 

Q. How long have you lived there?—A. First of last .Tanuary a year ago. 

Q. Where did yen move from to your present location?—A. Sliilo Township. 
Q. How long have you lived in the State?—A. Forty-one years. 

Q. Did you vote on November 2. 1920?—A. Yes. 

’ Q. For whom did you vote for Congress?—A. R. T.. Doughton. 

Q. Your age is 41 ?—A. Yes. 

Q. Did you make a tax return for 1919?—A. Yes. 

Q. D’d you i){iy youi' poll tax for'lOlO on or before ]May 1. 1920?—A. Yes. 

Q. Have you a tax receijit?—A. Yes; at home; I haven’t it here. 

Q. Do you remember when it was paid?—A. No; there was nothing added 
to it for delaying it. 

Q. Do you know whether tlnn-e was a poll-tax charge or not?—A. Yes. 

Q. What was the amount of the poll tax?—A. I do not remmnber. 

Q. Who did yon pay it to?—A. A.ssistant in the sheriff’s office. 

Q. P»y check or cash’?—A. By check. • 

Cross-examination by ^Ir. Lewis: 

Q. You paid it in Shilo Township?—A. Yes; I made my return there. 


308 


(’A.AirBKLL VS. DOUGHTON. 


Mr. I>. NKAlv MOIvlUSOX testified as follows: 
l>irect ('xaniination l>y iMr. I'. I*. IH'i.ix: 

(j. You name is I). Neal .Morrison?—A. Yes. 

(^). W’liei'e do you liv(\ Mr. IMoiTisonV—A. Third ward, 
ty Mow loiifi' iui\e you li\ed tliei'e?—A. About 20 years. 

(y 1) (1 you vote in tlie third ward on November 2. 1020?—A. Have been iii 
tlie same wai'd all the time. 

(y I) d you vote in the third ward?—.\. Yes. 

(y For whom did you vote f(»r ( 'oniiress? —K. L. 1 >o\i,aiitoii. 

(y W'hat is your afte?—Tbirty-oiu' last Novembei". 
ty Hid you make a ta.x return ha- the .vear 1010?—A. Yes. 

(.y Hid you i»ay your poll ta.x foi- the \eai- 1010 on or hefoi'e May 1, 1020?-'' 
A. Yes. 

(y Have you a tax receipt?—A. Yes. 

(.y Let me see it, please. Who <hd you iniy this to?—A. The sheriff. 

Cy You paid it yourself?—A. Yes. 

(y fiy cash or check?—A. I thudc by cash. 

(h'oss-examiiiation by iMr. Lewis : 

(y You know you paid your taxes before ?day 1?—A. Yes. 

yir. W. A. iMOOKE testified as follows: 

Hii-ect examination by iVlr. Ik P. Hri.ix : 

(y Your name is W. A. iMoore?—A. Yes. 

cy Where do you live, i'.lr. Moore?—A. Hi-ake Street, third ward, 
cy How l()n.u' liave you lived tliere?—.V. Twelve or fifteen months, 
cy Where did you move from to your present locjition?—A. Eighth Street, 
cy How hmg have you lived in tlie State?—A. All my life, 
cy Hid on vote on Novemlier 2. 1920?-—A. Yes. 

(y For whom did you vote for Hougress?—A. Mr. Houghton, 
cy What is your age?—A. Forty-one. 

cy Hid you make a tax return for the year 1919?—Yes. 
cy Hid vou pay your poll ta.x on or before May 1, 1920 for tlie year 1919?—A. 
No. 

.Mr. .1. L. MH’LELLAN testified as follows: 

Hire(‘t examination by iNlr. P. I‘. Hri.tx : 
cy Your name is J. L. IMcChellan?—.V. Yes. 

cy Whei'e do you live, iMr. McHlellan?—A. Statesville, tliird ward, 
cy How long have ymi lived in ward 8?—A. Fifteen years. 

Cy Hid you vote in the November election. 1920?—A. I did. 

Cj. Hid you vote for It. L. Houghton?—A. 1 did. 
cy What is your age?—A. Fifty-two. 

(>. When were you 50?—A. iMarch 2, 1919. 

(y When were you born?—A. 1809. 

cy Hid you pay your iioll tax on or before May 1, 1920, for the year 1919?—A. 
No; there was none charged against me. 

Hros.s-exaniination by Mr. Terxek: 

C}. Why was none charged against you?—A. Hecaiise I was 50 years old the 
2d (lay of ]\larch before May 1. 

Tdr. P>. H. IMcG'OltMAClK testified as follows: 

Hired exainination by ^Mr. P. P. Dultn : 
cy Your name is P>. B. McCJorinack?—A. Y’es. 

cy Where (lo you live, Mr. McCormack?—A. Third ward. Front Street, 
cy How long have you been living there?—A. About 19 months, I reckon, 
cy Where did you move from to your present residence?—A. Virginia, 
cy From Virginia, and you have lived there since 19 months?—A. Y'es ; .some¬ 
thing like tliat. 

cy Hid you vote in the election November 2, 1920?-^A. I did. 
cy How old are you?—A. Twenty-two. 

Q. For whom did you vote for Congress?—A. K. I.. Houghton. 

Q. Hid you pay any poll tax?—A. I did not. 


('AMPBErX YS. DOrOHTOX. 


309 


(’ross-exniiiination by IMr. Traxiou: 

Wlieii were you 21?—A. Aujiiist 3, 1019. 

(J. That is the reason you did not make a return?—A. I Imve become of age 
since I liave been here. 

^Ir. T. S. PATTERSON testified as follows: 

Oirect examination by Mr. P. P. Dn.ix: 

Q. Your name is T. S. Patterson?—A. Yes. 

(}. Where do you live, Mi‘. Patterson?—-A. Third ward. 

flow long bav(‘ you lived there?—A. About 30 years. 

Q. Did you vote on November 2, 1020?—A. Y^es. 

(^. For whom did you vote for Congress?—A. R. L. Dougbton. 

Q. What is your age?—A. About 30. 

Q. Did you make a tax return for the year 1010?—A. Yes. 

Q. Did you pay your poll tax for the year 1010 on or before iNfay 1. 1020?— 
A. I did not. They were supposed to be paid : I was a volunteer farmer. 

Q. You were exempt be<*ause of the fact you were a volunteer farmer? -- 
A. Yes. 

Cross-examination by Ylr. Lewis : 

Q. Your i)oll tax was credited on your receipt?—A. Y’es. 

Itedirect examination : 

Q. Kut you did not pay any money on that poll tax?—A. No. 

]\rr. .T. C. PAY^NE testitied as follows: 

Direct examination by ]\rr. P. P. Din.TN : 

Q. Y'onr name is J. C. Payne?—A. l^es. 

Q. Where do you live?—A. Third Avard, Seventh Street. 

Q. How long have you lived there?—A. P^ver since I came back from the 
Army. 

Q. How long has that been?—A. Something over two .vears. 

Q. Did you make this your home prior to that time?—A. Yes. 

Q. Did you vote in the election November 2, 1020?—A. Y^es, 

Q. For whom did you A’ote for Congress?—A. R. L. Doughton. 

Q. Did you make a tax return for the year 1919?—A. No. 

Q. Did you pay your poll tax before May 1, 1920, for the year 1919?—A. No. 

Cross-examination by IMr. Lewis : 

Q. Y'on were a soldier in the late War with Germany?—A. Y>s. 

Mr. J. R. POPE testified as follows: 

Direct examination by INIr. P. P. Dulin : 

Q. YWiir name is J. R. Pope?—A. Yes. 

Q. Where do you live, Mr. Pope?—A. Statesville, ward 2. I moved from ward 
3, and been living in ward 2 long enough to vote. 

Q. When did you move to ward 2?—A. July 22, 1920. 

Q. Did you Amte in the election November 2, 1920?—A. Y"'es. 

Q. Where did you vote?—A. Here at the courthouse. 

(}. AVhat is your age?—A. TAventy-one. 

Q. When Avere you 21?—A. Second day of last INIay. 

Q. Did you make a tax return?—A. I did not. 

Q. You did not pay any poll tax for the year of 1919 on or before ^lay 1, 
1920?—A. I did not. 

Cross-examination by Mr. Leavis : 

Q. IVhat is your age?—A. I Avas 21 the 2d day of May, 1920. 

Q. So you did not make a tax return for 1919 at all?—A. No. 

Q. Y^ou Avere too young?—A. Yes. 

IMr. CLYDE ALEXANDER testified as folloAvs : 

Direct examination by IMr. P. P. Dulin : 

Q. Your name is Mr. Clyde Alexander?—A. Y"es. 

Q. Where do you live, Mr. Alexander?—A. Third Avard. 

(L How long have you lived in the third Avard? —A. Nearly tAvo years. 


310 


(’AMPBELL VS. DOUdHTOX. 


Q. Did you vote in tlie election November 2, 1920?—A. Yes. 

(i. For wlioni did you vote foi* Coii.stress?—A. INIr. Doughton. 

D. Wluit is your age?—A. Tliirty-tliree. 

Q. Did you make a return for 1919?—A. Yes. 

(F Did you pay your poll tax for 3919 on or before Maj" 1, 1920?—A. I did. 

Q. Have you a receipt?—A. Not with me; I have it at home. 

(J. Do you remember of your own knowledge whether thei'e is a poll tax on 
that recei])t or not?—A. I do. 

Q. Do von know of your own knowledge whether you paid it before IMay 1, 
1920?—A.‘ I do. ‘ 

(F How much was' it?—A. I can’t tell you that, but I know I paid it. 

]Mr. D. T. lOiK’E testified as follows: 

Dii-ect examination by Mr. P. P. Dulin : 

Q. Your name is D. T. Price?—A. Yes. 

Q. Where do you live, Mr. Price?—A. Front Street, ward 3. 

Q. How long have you lived there?—A’ Since .Tune .i, 1919. 

Q. How long have you lived in the State?—A. All my life. 

Q. Did you vote in the election of November 2, 1920?—A. Yes. 

Q. Where did you vote?—A. Third ward. 

(F For whom did you vote for Congress?—A. *R. L. Doughton. 

Q. What is your age?—A. Twenty-eight. 

Q. Did you make a tax return for 1919?—-A. Yes. 

Q. Did vou pay vour poll tax on or before IVIay 1, 1920. for the year 1919?—A. 
Yes. 

Q. Have you a receipt?—A. Yes. 

Q. Does this receipt show the date it was i)aid?—A. Yes; December 13, I 
think. 

Q. It was i)aid in Alamance County?—A. Yes. 

Q. What were you doing in Alamance County?—A. Worked down there a 
while. 

Q. How long had you been back before the election?—A. I came back .Tune o. 

Q. 1920?—A. No; 1919. 

(F Did you send this money back by check?—A. No; I was down there and 
paid it. I was down there the 1st of December. 

Mr. T. A. RUMPLE testified as follows: 

Direct examination by IMr. P. P. Dumx : 

Q. Your name is T. A. Rumple?—A. l^es. 

Q. Where do you live?—A. Statesville, outside, third ward. 

Q. How long have you lived there?—A. About lo years. 

Q. Did you vote in the election November 2, lf)20?—A. Yes. 

Q. IVhere?—A. Hei'e at the courthouse. 

(}. Did you vote for Doughton?—A. Yes. 

Q. What is your age?—A. Thirty-five. 

Q. Did you make a tax return for 1919?—A. I did. 

Q. Did you pay your poll tax for 1919 on (U* before May 1, 1920?—A. Yes. 
i). Have you a tax i-eceii)t?—-A. No; 1 have it at home. I i)aid it Januarv 4,. 
1920. 

Q. Ry check or cash?—A. By cash. 

Q. Pay it yourself?—A. Yes. 

Q. Who did you pay it to?—A. I paid it at the sheriff's office; don’t remember 
who it was. 

Mr. N. L. SPIOEMAIvEli testified as follows: 

Direct examination by Mr. P. P. Dultn : 

Q. Your name is N. L. Shoemaker?—A. Y’'e.s. 

Q. Where do you live, Mr. Shoemaker?—A. On the boulevard. 

Q. How long have you been in the third ward?—A. I have been in Statesville 
19 years. 

Q. Did you vote in the election November 2. T920?—A. I voted this time. 

Q. AVho did y(m vote for for Congress’/—A. Republican ticket, straight up; 
didn't scratch a one. 


CAINIPBELL VS. DOUGHTOX. 


311 


]\lr. A. Iv. SIDES testitied ms follows; 

Direct exaiiiiiinlion l*y Mr. P. P. Dri.iN : 

(.). Your iiaiiie is A. L. Sides?—A. Yes. 

Q. M’here do you live, -Mi*. Sides?—A. Boulevard, tldrd wal'd. 

How loi)”- have you lived there?—A. Will he three years in .Tune. 

(,). This coTiiiujj; .June?—A. Yes, 

<1. M liere did you move from to this ]treseut location?—A. ('aharrus (’ounty. 
(}. How lonjr have you lived in (’aliarrus Dounty?—A. I was raised there. 

Did you vote in the November election, 1920?—A. Yes. 

(,). Where did you vote?—A. Dourthouse. 

(N Hor whom did you vote for ('onjjress?—A. Campbell, 

(Toss-examination by Mr. Lkwis : 

(N You voted for Di-. (’ampbell?—A. Yes. 

(}. How old are you?—A. Thirty-five. 

(N I>id you pay your poll tax?—A. I paid them in (’abarrus in December, 
3919. 


!Mr. M'. (\ TUDETMAN testitied as follows: 

Direct examination by Mr. P. P. Dui.ix : 

(J. Your name is W. C. Troutman?—A. Yes. 

Q. Where do you live, Mr. Troutman?—A. South Center Street. 

(^ Third ward?—A. Yes. 

CN How lonjr have you lived tliere?—A. ]Moved there last Cctober, 1920. 

(N I>id you vote in the election November 2, 1920?—A. Yes. 

(}. Where did you vote?—A. Here in third ward. 

(}. What is your aj;e?—A. Thirty, 

Q. Di<l you make a tax return for the year 1919?—A. Yes. 

(J. Did you pay your taxes, iioll taxes, for the year 1919 on or before May 
1, 1920?—A. YTs. December 13,1919, 

:Mr. EKANK WEST testitied as follows; 

Dii-ect examination by Mr. P. Dulin : 

D. Your name is Frank West?—A. Y>s. 

(). Whei’e (!(► you live, ]Mr. West?—A. Fourth Street, third ward. 

(„), How lonjr liave you lived in the third ward?—A. A year and a half. 

Q. How lonjr have you lived in the State?—A, Thirty-nine years. 

Q. Did you vote for Hon. K. E. Dou^hton?—A, ITs, 

(N What is your affe?—A. Tliirty-nine. 

(). Did you make a tax return for the year 1919?—A. I did, 

(N Did you i)ay your poll tax for 1919 on or before May 1, 1920?—A. I am not 
sure about that, I can’t tell .lust when it was; I have a receipt but can’t tell, 

(). Do you remember anything- about it other than your receii)t?—A, I think 
I paid it in .Tanuary. 

Q. Let me see the receipt. It looks like June. What do you think that is, 
.Tune or Janiniry?—A. I think it is January; thiidv I paid it in January. 

(J. I ask you if there is not a penalty for failure to pay your tax in the 
montli of January? Tliere is an additional char^^e of 30 cents isn’t there?— 
A. I don’t know about that, 

(). T>ook at that; is that 30 cents?—A. That is 30; it haiks that way. 

Q. And tlie amount of your tax is .$4.68, is it not?—A. That is what it is 
marked. 

Ml-. A. C. WEST testified as follows: 

Direct examination by ]\Ir, P. P. Dxilin ; 

(}. Your name is A. C, AVest?—A. Yes. 

(}. Wliere do you live, Mr. West?—A. Fourth Street, third ward. 

(}. How lonjr have you lived in third wai-d?—A. About 1.5 months. 

Q. Where did you move from to your present residence?—A. Minnesota. 

(}. Did yon vote in the election November 2, 1920?—A. Yes. 

Q. AATiere did .you vote?—A. Here. 

Q. MTiat ward?—A. Third. 

Q. For whom did you vote for Conjfress?—A. Straight Democratic ticket. 

Q. What is your age2—A. Twenty-nine. 


312 


(’AMPBELL YS. DOUGHTOX. 


Q. Did yon pny ycuir poll tax foi- ]919 on or ))eforo ]May 1. 1920?—A. No. 

Q. Wlio rejtistoi’ed you?—A. ]My brother registered me. 

Q. Your brother?—A. Yes. 

Q. What is Ids name?—A. He is tbe one who told me I was registered: I 
don’t know whether he registered me or some one else. 

Q. Did you go befoi’e Air. Alexander or Hr. Speaks and register?—A. No; 
I did not. 

Cross-examination by Mi-. Tuknkr : 

Q. What State did you say you came from?—A. Minnesota. 

Q. This is your home?—A. Y'es. 

Q. What were you doing there?—A. Farming. 

Q. Did you give up your residence here?—A. I did not have any at that 
time I bought since I came back. 

Q. When did you come back?—A. Last Christmas a year ago. 

Q. Did you have your family out with you?—A. Ye.s. 

Redirect examination ; 

Q. Who told you you had a right to vote here?—A. I thought that was the 
agreement between the Democrats and Rejmblicans that a man could vote if 
he wanted to. 

Q. Y"ou heard of an agreement between the Republicans and Democrats that 
they would let t‘veryl)ody vote regardless of whethei- or not they were resi¬ 
dents?—A. That is what I heard. 

Recross-exaiuination : 

Q. You heard of the agreement between the Democrats and Republicans in 
regard to the poll tax?—A. Yes; that is what I heard. 

Mr. R. H. WOODSIDE testified as follows: 

Direct examination by Mr. P. P. Dulin^ 

Q. Your name is R. H. Woodside?—A. Yes. 

Q. Where do you live?—A. I live in St^itesville, ward 3. 

Q. How long have you been living in ward 8?—A. A little over two years. 

Q. Did you live in the State two vears prior to the November 2 election, 
1920?—A. Yes. 

Q. Did you v(Jte in the November election, 1920, in the third ward?—A. Yes. 

Q. Did you vote for Hon. R. L. Doughton?—A. Yes. 

Q. What is your age?—A. Thirty-seven. 

Q. Did you make a tax return for the year 1919?—A. I did. 

Q. Did you pay your poll tax for 1919 on or before liay 1. 1920?—A. Yes. 

Q. Did you pay it yourself?—A. It was paid before we settled up. 

Q. What township is that in?—A. Concord Township. 

Q. Were you charged with poll tax in Concord Township?—A. No: I was 
working there, and they never changed my residence, and I voted in Concord 
up until 1920. 

Cross-examination by ^Mr. Lewis : 

Q. You and your brother run a farm together and he took part of your rent 
out of that and paid taxes—did as you requested?—A. Yes. 

Redirect examination: 

Q. Did he do as you requested?—A. There was an understanding, becau.se I 
am in there hardly ever at the fall of the year. 

Mr. W. PRESS INIORRISON testified as follows: 

Direct examination by Mr. P. P. Dulin : 

Q. Your name is W. Pi-ess Morrison?—A. l"es. 

Q. Where do you live, Mr. IViorrison?—A. Third ward. 

Q. How long have you lived in the third ward?—A. About 14 or 1.1 months. 
Q. Where did you move fi’om to third ward?—A. Shilo. 

Q. How long have you lived in Shiloh?—A. All my life. 

Q. Did you vote in the election November 2, 1920?—A. Yes. 

Q. Where did you vote?—A. Courthouse. 

Q. Foi- whom did you vote for Congress?—A. R. Ij. Doughton. 

Q. Did you make a tax return for 1919?—A. Yes. 

Q. What is your age?—A. Twenty-nine. 


(’AMPB7‘:LI. vs. doughton. 


313 


i). Did you pay yoiii- pop tax ou or before May 1. 1920, for tlie year 1919?— 
A. Yes; T paid it, l)ut it don’t show it on the re(*eii)t. I i)aid it l)efore then, 
thon,irli. 

Q. Have yon a receipt?—A. Yes. 

(>. (hin’t yon read tliat tliat is ]May 2, li)2()? Try it once more, and see if yon 
don’t see a 2: isn’t tliat true?—A. It ini.i?ht be. 

(}. Y’^on can’t see tliat that is a 2 there'.*'—.V. It don’t show it downstairs as a 2. 

Q. I am askinjx yon what is on yonr receijit, not what is downstairs. Do yon 
know Avhat that is. a 2 oi- 1 —A. I can’t tell what it is. 

Q. So yon don’t know 'whether yon ]iaid it on May 1 or 2?—A. I am pretty 
sure I paid it before then. 

(}. AVhen did yon pay it*.*'—.V. I think I paid it somewhere alons in April. 

(}. Yon think this receipt is alto.u'etlier wroiift, then, do you?—A. I think I 
paid it before the 1st of ]\Iay. 

Q. I am askin.tr yon about the 1st of May; can yon tell from lookinsr at the 
receipt when yon i>aid yonr ))olI tax'.^—A. No; I can’t tell. 

Q. The total amount of yonr tax is .$6.14. is it not'/—A. Yes. 

Q. And 80 cents added as a penalty ; isn’t that correct'?—A. Yes. 

(’ross-examination by ]\lr. I.ewis : 

(>. I want to read the sheriP’s daybook [reading] : “Township, Shiloh. 1919 
taxes. Morrison, W. 1*. Amount of tax, $6.14. Date <>f payment, .5/1/20. 
Amount jiaid, .$6.14,’’ with an addition of 80 cents, making total paid of .$6.44. 
]\rr. /Morrison, yon are iiositive yon iiaid yonr taxes in time to vote legally?—■ 
A. Yes, sir. 

511*. 0. H. CILES testitied as follows: 

Direct examination by Mr. I*. P. Dulin : 

Q. Yonr name is C. H. Giles?—A. Yes. 

Q. Where do yon live'?—A. Statesville, outside, No. 3. 

Q. How long have yon lived there?—A. All mj’ life. 

Q. Did yon vote November 2. 1920?—A. Yes. 

Q. For whom did yon vote for Congress'?—A. R. L. Doughton. 

Q. What is yonr age?—A. Thirty-two. 

Q. Did yon make a tax return for the year 1919?—A. Yes. 

Q. Did Von pay yonr poll tax for the year 1919 on or bef(»re /May 1. 19'20?— 
A. Yes. * ‘ . 

Q. Have yon a tax receipt?—A. I have it at home, but don’t have it with me. 

Mr. IV. U. SELLS testitied as follows: 

Direct examination by Mr. P. P. Dulin : 

Q. Y’onr name is W. R. Sells?—A. Yes. 

.Q. Where do yon live, /Mr. Sells?—A. West Bell Street. 

Q. Third ward?—A. Yes. 

Q. How long have yon been living in third ward?—A. About eight years, 

Q. Did yon vote in the November 2 election, 1920?—A. Yes. 

Q. Who'for Congress?—A. Mr. Doughton. 

Q. What is yonr age?—A. Thirty-seven. 

6. Did von pay yonr poll tax?—A. Yes. 

Q. Have yon a tax receipt'?—A. I lost my tax receipt, but have a statement 
of it. 

Cross-examination by /Mi’. Lewis : 

Q. Ybni took a copy of what the books showed'?—A. Yes. 

(5 When did it show von i)aid yonr taxes'?—A. Ninth day of April. 

ii On February 9. 11)20, yon ]»aid $8.98; on April 1, 1920, you paid $4.99 
more; .so yon paicl all yonr taxes before /May 1’/—A. YTis. 

Redirect examination : 

Q. Do yon remmbei- making two separate payments on yonr taxes?—A. Yes. 

Q. Did* yon pay them yourself or some one pay them for yon’?—A. I paid 

them my.self. 

Dr. T.V. GOODE testified as follows: 

Direct examimition by /Mr. P. P. Dulin: 

Q. Y"onr name is Dr. T. \’. Goode? A. Yes. 


314 


CAMPBELL VS. BOUGHTON. 


Q. Where do you live, Dr, Goode?—A. Statesville. 

Q. What ward?—A. Fourth ward. 

i}. How long have you lived in the fourth ward?—A. Two and a half years. 

Q. Did \a)u vote in the fourth ward in the eleeti('n held Xoveiuher *2. 1920?—- 
A. Yes. 

Q. For whom did you vote for Congress?—A. Mr. U. Tj. Doughton. 

Q. Did you make a tax return for the year 1919?—A. Yes. 

Q. Did you pav your poll tax on or before Ma.v 1, 1920, for the year 1919?— 
A. No. 

Q, What is your age?—A. Thirty-two. 

Cross-examination by Mr. Z. V. Loxc;: 

Q. You say you did not pay your poll tax for the yeai’ 1919. tiow exi^lain 
to the court why you did not?—A. AVell, I paid my 1919 taxes in Kurke 
County—that is where I came from. T had sonu' property there, and I was 
exempt from poll tax in Burke County. 

Q. Gounty commissioners exempteil you from poll tax? Why was that?— 
A. On account of physical infirmity. 

Kedirect examination: 

Q. Have you your certificate of exemption with you?—A. No. 

Q. You don’t know whether it is still in forco or revoked, do you?—A. No; I 
have my tax receipt with me, and there is no i»oll tax on it. 

Q. What do you follow here?—A. T am assistant to Dr. Long. 

Q. About what is your income a year?—A. About $4,000. 

Q. Were you exempt on the grounds of infirmity or ])overty?—A. I don’t 
think poverty. 

Q. Do you know of any reason now why you should be exemi)t?—A. I am 
not exempt now; I paid i)oll tax in this county last year. 

Q. For 1920?—A. Yes. 

Becross examination : 

Q. When you paid yoiii’ taxes for 1919 yon paid them to the sheriff of 
Burke County?—A. Yes. 

Q. Did you pay him all the taxes charged against you?—A. Yes. 

Q, Now. T see one tax receipt here for, this dated Sei)tember 8, 1920. that 
is when you paid it?—A. l^es, 

Mr. Long (reading). Ueceived of Dr. T. V. Goode his taxes for the year 
1919, as follows: Poll tax blank;. State tax .$$.90; county, and sclaxol tax. 
$17.54: special road tax, $8.42; income tax. $2.40; total taxes for the year 
1919, $29.92; D. A. Johnson, sheriff, per C. V. Scott, deputy.” lleceipt dated 
August 0, 1917: “ Received of Dr. T. Goode his taxes for the lear 1916, as 
follows: “Poll tax blank, State tax, $1.85; county and school tax, $1.68; total, 
$2.98. D. A. John.son, sheriff, per C. G. Hicks, d(‘puty sheriff.’’ Another receii)t: 
“ Morganton township, Burke (’ounty, November 18, 1918. Received of Dr. 
T. V. Goode his taxes for the year 1917. as- follows: Poll tax. blank; State tax, 
$1.47; county and .school tax, $4.19; total taxes for the year 1917, $5.57. D. A. 
Jithn.son, .sheriff.’’ 

Q. Now, when you i)aid your taxes. Dr. Goode, what were you informed, if 
anything, relative to your i)oll tax?—A, Well, .sometime before I was told tliat 
I was exemi)t from i)Oll tax. 

Q. By whom?—A. Sheriff Barrier. 

Q. Predecessor of this sheriff?—A. Yes. 

(,>. You never talked to this man?—A. No; I never mentioned it. 

Q. These are the I'eceipts he issued voii and the amount vou paid him?—A. 
Yes. 

Q. What is your physical infirndty?—A. Short leg. 

Q. You were reared in Burke County?—A. Y"es. 

Q. But you have moved to Iredell County, and now this is your residence, and 
you paid poll tax and all other taxes for 1920?—A. Yes. 

Redirect examination : 

Q. What was your salary in 1919?—.V. T do not believe I can tell you ex¬ 
actly, probably around $3,0(X), but I woidd not say that was the exact figure; 
but something like that. 

Recross examination: 

Q. You are married?—A. Y^es. 

Q. How long have you been married?—A. Fight years. 


CAMPBELTj ys. doughton. 


315 


I Q. How old are yon. Hr. OoodoV—A. Thirty-two. 
i Q. How many children have yon?—A. Two! 

>\rr. 0. O. ^MAKSHATJ. testified as follows: 

K Direct examination hy Mr. P. P. Dulix : 

K Q. Your name is 0. O. Marshall?—A. Yes. 

B (h Where do yon live?—A. Statesville'. 

■ Q. What precinct?—A. Third ward. 

K t}. How Ions have yon lived in the third ward?—A: I do not know: that is the 

P oidy ward T ever voted in. T was raised here in Statesville and supposed that 

» was the only one. 

L Q. Do yon know what street yon live on?—A. South Hill Street. 

P (^. Had yon lived there four months i)revions to the election in 1920?—A. Yes. 

^ Q. Yon lived in the State two years?—A. No: I have been absent from the 

\i State ahont 15 months, nj) until 4th of Sei)teinher I returned. 

Q. Where did yon*so?—A. Nebraska. 

, Q. What did yon so to Nebraska for?—A. T was in the Ignited States Army. 
' C^. r)id yon vote in the election on November 2. 1920?—A. Yes. 

, (}. Wei'e yon here at that time?—A. Yes; T came home in Sei)teml)er. 

Q. Where did yon vote?—A. Here at the conrthonse. 

! Q. Y"on voted in third ward?—A. Yes. 

' (}. Who did yon vote for for (kmsress?—A. K. L. Dons'hton. 

Q. What is yonr aso?—A. Twenty-six. 

Q. Did yon make a tax return for 1919?—A. No: I have not made a return. 

- Q. Did yon pay yonr juill tax?—A. No: I have been in the United States Army 
b foi’ eisht years. I was in the Army in 1910, and when 1 came home from France 
P I did not pay any and have never made any return since I returned. 

r, Cros.s-examination hy Mr. Lewis : 

K Q. Yon were ser.vins in the United States Army ]\Iay 1, 1919?—A. Yes. 

(}. Yon were not here to make a return?—A. Yes. 
t Q. Y"on were discharsed, yon say, in Ma.v. 1920?—A. Yes. 

O. Yon were in France and Germany?—A. Yes. 

rfc Redirect examination : 

t Q. And yon did not i)ay yoni' poll tax for 1919?—A. No. sir; T have not paid 
\ any. 

i 

Mr. G. F. BELL testified as follows: 

! Direct examination by IMr. P. P. Dimix : 

j Q. Yonr name is G. F. Bell?—A. Yes. 

Q. Whei'e do yon live, Mr. Bell?—A. I live in Boontield. 

Q. Which ward?—A. Fourth. 

Q. How lor.fi- have yon lived in the fourth ward?—A. Better part of four 
years. 

Q. How old are .von?—A. Fort.v-five. 

Q. Did yon vote in the election November 2. 1920?—A. Yes. 

Q. Foi- whom did yon vote for Gonjiress?—A. R. L. Don^ihton. 

Q. Did yon make si taX'retnrn for the year 1919?—A. Yes. 

Q. Did yon pay yonr poll tax on or before iMay 1, 1920?—A. Yes. 

Q. Have yon yonr receipt?—A. Yes. 

Q. Have yon the check yon [said it with, or did yon ])siy it with cash?—A. 
Gsfsdi. 

Cross-examination by Mr. Lewis: 

Q. T believe yon stated thsit yon psiid ynnr taxes on or befoi-e ]\I:iy 1 ?—A. Ye's. 


^fi-. E. L. BRADY testified as follows; 

Ifirect examination by Mr. P. Ik Dulix: 

(). Yonr name is E. L. Brady?—A. Y^es. 

Q. Where do yon live. Mi‘. Brady?—A. Statesville. 

O. Wlmt ward?—A. Fonrth. 

Q. How lonft have yon lived in the foniih ward?—A. One and a half years. 
Q. How lonjr have yon lived in the State?—A. All my life. 

Q. Did yon vote in the election November 2, 1920?—A. Yes. 




316 


('AMPBivLL VS. DOUGHTOX. 


For whom dhl you vote for (F)ii,u'ress?—A. ^fr. Doiijilitoii. 

(}. How old !ii‘e you?—A. Twenty-three. 

(^. Did you make a tax return for the year 1919?—A. Xo. 

(^ Did you pay your poll tax <»u oi’ l)efore I\ray 1, 1920?—A. Xo. 

Mr. E. It. F>UADY testified as follows: 

Direct examination hy Mi'. P. P. Dur.ix: 

(y Your name is E. K. P>rady?—A. YT^s. 

(}. M’here do you live?—^A. Fourth ward. 

How lon.ix have you liveil there?—A. About a year, I jjjuess. 

Q. How lou.u’ have you lived in the State?—A. Thirty-six years. 

(}. Did you A'ote in the X'ovemher election, 1920?—A. Yes, sir. 

(}. For whom did ,vou vote for (lou^ress?—A. H. 1^. Dougiitoii. 

(}. What is your a.ue?—A. Thirty-six. 

(}. Did you make a tax return for the year 1919?—A. I djd. 

(}. Did you pay your poll tax for 1919 on or before INIay 1, 1920?—A. Yes. 

(}. Have you a receipt?—A. Yes. 

Have you a check witli whi< h you paid it?—A. Have check and receifit both. 
(}. Have you the check with ymi?—A. I have the receipt. 

Mr. I.. P,. PATEKSOX te.stitled as follows: 

Direct examination hy Mr. P. P. Dui.ix : 

Q. Your name is E. P>. Paterson?—A. Y^es. 

(). M'here do you live?—A. Statesville. 

(). M’hich ward?—A. P^ourth. 

(^). How loni*' have you lived there?—A. About 15 years. 

(}. Did you vote in the election, Xovemher 2, 1920?—A. I did. 

(]. P'or whom did you vote for ('onuress?—A. R. L. Dou.uhton. 

(}. What is your age?—A. Thirty-four. 

Did you ])ay your ])oll tax for 1919 on or liefore ^lay 1, 1920?—A. I paid all 
the taxes on my receipt. 

(}. Have you a receipt?—A. 1 have. 

(y You did not ])ay any iioll tax?—A. Xn. 

('ross-examination hy IMr. I.kwis: 

(y You are exem])t from pa>ing poll tax?—A. Yes. 

(y Have you a certificate?—A. Yes. 

(y I would like to see that please. | Reading:] “It is ordered that T.ein 
Paterson he and is hei'ehv exempt fi'om the pavment of iioll tax until revoked hv 
the hoard. This iMai'ch (1, 1905. Signed, 51. B. 5Iills, chairman.” 

(y Has that order ever been revoked?—A. XM. 

(y Why are you exem])t—on account of being cripjiled ?—A. Yes. 

Redirect examination : 

(y What do you do here?—A. T am in the cobbler business. 

(y You own some valuable farm land, do you not?—A. T own some land. 

(>. You w(u-e not exempted on account of poverty and infirmity?—A. I suppose 
not. 

(y You are able fo get about and make a good living?—A. I have always been 
able to live. 

Q. AVhat is your income?—A. 5fy income is .$4,000 from the store; I have 
outside income, which bilngs me more. 

Recross-examination hy 5Ir. Lewts : 

(y You were exempt on account of jdiysical infirmity, were you not?—A. Yes. 

5Ir. A. C*. GOOD^IAX" testified as follows: 

Direct examination by 511*. P. P. Dulin : 

Q. Y'our name is A. C. Goodman?—A. Y"es. 

(y AVhere do you live?—A. In the fourth ward, city of Statesville. 

Q. How long have you lived there?—A. Al)out. eiglit years. 

Q. Did you vote on Xovemher 2, 1920?—A. Y'es. 

Q. 5mte in fourth ward?—A. Yes. 

Q. I’or whom did you vote for Congress?—A. ^Ir. Doughton. 

Q. AVhat is your age?—A. Thirty-eight. 

(y Did you make a tax return for the year 1919?—A. Y^es. 


(’AMPBEI_J. VS. DOrOHTOX. 


317 


Q. Did yon p;iy your poll tax for the year 1919 on or before May 1, 1920?— 
A. 1 am not sure whether I did or not. I was living’ in High I’oint and lost my 
wife and have no receipt and don't remember; it seems that 1 did, but I don’t 
remember. 

Cross-examination by ^Ir. Lewis : 

Q. Your impression is that you paid it on or before ]May 1?—A. Yes; but I 
would not say positively. 

Redirect examination : 

Q. You can’t be positive?—A. No; I would not say for sure. 

]Mr. R. G. GAITHER testified as follows: 

I>irect examination by Mr. P. P. Dulin : 

(J. Your name is R. G. Gaither?—A. I'es. 

Q. Do you live in the fourth ward, city of Statesville.?—A. First ward, 

Q. You live in ward 1?—A. Yes. 

Q. Had you lived in the fourth ward prior to the election November 2, 1920?— 
A. Yes. 

Q. How long had you lived in the fourth ward before the election?—A. Four 
and one-half months. 

Q. How long had you lived in the county and State?—A. About 10 months. 

Q._ About 10 months in the State?—A. Yes. 

Q.’AVhere did you move from to this State?—A, A'irginia. 

Q. You made no tax i-eturn for the year 1919 in the State of North Caro¬ 
lina?—A. No. 

Or paid any poll tax?—A, No. 

Q. How old are you?—A. Twenty-nine. 

Q. For whom did you vote for Congress?—A. R. L. Doughton. 

Q. M'ho registered you?—A. Air. Lowrance. 

Q. Did he tell you wlmt the requirements were for voting in the State; and 
did he have you take an oath that you had been here the required time?— 
A. No. 

Cross-examination by Air. Lewis : 

Statesville and Iredell County has been your home all your life?—A. Y'es. 
Q. You said you lived in another State ; you meant you were over there tem¬ 
porarily doing war work?—A. Yes. 

Q. You were born and raised here?—x\. Yes. 

Q. You consider Iredell County vour legal residence now and for all times?— 
A. Yes. 

Q. You were working over there in the war?—A, Y^es. 

Air. GRADY” GILL testified as follows: 

Direct examination by Air. P. P. Dulin : 

Q. Your name is Grady Gill?—A. Y^es. 

Q, Y”ou live in the fourth ward, city of Statesville?—A, Y”es. 

Q. How long have you lived there. Air. Gill?—A. I don’t know about—I have 
been living there ever since we moved here. 

Q. How long has that been ; do you remember?—A. No; I don’t. 

* Q. V\’as it as much as four months'?—A. Oh, it has been 10 or 12 years. 

Q. Did you vote on November 2, 1920, in the fourth ward'?—A. Y”es. 

Q. For whom didi you vote for Congress‘?^—A. R. L. Doughton. 

(y M’hat is youi' age?—A. AYill be 22 in September. 

(J. You made your tax I'eturn for 1919 did you'?—A. No, sir. 

And iiaid .v(/ur poll tax for the .veai' 1919'?—A. No. 

Cross-examination by Air. I^ewts: 

Q. You were not 21 until September, 1920'?—A. No. 

(,). You did not even make a 1920 return, did you?—A. No; too young. 

If you had ))aid a poll tax for 1920 you vrould have itaid it before you 
arrived at tlie age?—A. A”es. 

Air. .1. H. GENTRY testified as follows: 

Direct examination Ity Air. P. P. Dulin: 

(). A’oui- name is ,T. H. Gentry?—A. A”es. 


318 


CAMPBELL VS. DOUGHTOK. 


Q. WJiere <lo you live, IMr. Gentry V—A. Fourth ward. 

(}. How lonji’ have you lived there?—A. About two and one-lialf years. 

Did you vote in the election November 2, 1920?—A. I did. 

(L For wbom did you vote for ('oiigress?—A. 11. L. Douglitou. 

(F A\'liat is your age?—A. Thirty-seven. 

Did you luake a tax return for 1919?—A. I did. 

Q. Did you pay your poll tax foi- 1919 on or before May 1, 1920?—A. I did. 
(>. Have you a tax receii)t?—A. I have it at home, I think. 

Q. Have you the check you paid it with?—A. I think I have botli. 

Q. Have you the check with you?—A. No; I have not. 1 am positive I paid 
it and could get the receipt if you want it; 1 think I can, I think I know 
^^’here it is. 

Q. AVill you return liei'e with your receipt and check too? 

Cros.s-exaiuination by Mr. I.ewis: 

(L You know you paid y<,)ui* poll tsix on or before May 1, 1920?—A. Yes. 

Mr. L. H. HOOVER te.stitied as follows: 

Direct examination by iMr. 1*. P. Dulin : 

(}. Your name is L. H. Hoovei'?—A. Yes. 

(i. Where do you live?—A. Here in Statesville. 

Q. How long have you lived in Statesville? Phmr yeai's?—A. Yes. 

(L Did you vote November 2, 1920?—A. Y’^es. 

Q. For whom did you vote for Congress?—A. R. L. Doughton. 

Q. "What is your age?—A. I was 21 last Fourth of .Tuly. 

(y TwOnty-one last Fourth of .Inly?—A. Yes. • 

(J. When did you tind out how old you were?—A. Here last week or two, 

(L Who told you how •)ld you were?—A. My uncle. 

(}. Do you remember telling me you were 20 years of age?—A. Yes. 

(}. And now you have come to the conclusion that you are older than that?— 
A. I do not know. 

(F All you know about it is what your uncle told you?—A. Yes. 

(}. How did you come to vote?—A. Well. 1 was down town and went and 
voted. 

(}. Who got you to vote?—A. Didn’t nobody in particular get me to vote, 

(F Who went with you?—A. Several went with Ine; I don't know their 
names. 

Q. Quite a number escorted you up?—A. No; not so many. 

Q. What did you say to them, if anything, when they were taking you up to 
vote?—A. I told them I did not know for sure whether I was old enough or 
not. 

Q. Didn’t you tell them you did not have any right to vote?—A. I told them 
something like that. 

Q. Ami they voted you anyway?—A. Yes. 

Q. Who lixed up your tickets?—A. I put them in; they were already fixed up. 
Q. You don’t remember who handed them to you?—A. No; I don’t. 

Q. You do remember having a conversation with me telling me who fixed them 
up?—A. I do. 

Cross-examination by INlr. Lewis : 

Q. You told INIr. Dulin that you were either 20 or 21 last July, hut you thought, 
you were 21?—A. I told him 1 was not sure. 

Q. And you were 21 years of age July 4, 1920?—A. Yes. 

Redirect examination; 

Q. Before you knew anything about whether you would he a witness at this 
trial you told me you were 20 years of age in July?—A. I told you that but told 
you again I did not know how old I was. 

Mr, J. IVEY GUY" testified as follows: 

Direct examination by Mr, P, P, Dulin : 

Q, Your name is J, Ivey Guy?—A, Yes, 

Q, Where do you live?—A, Up close to the city line. 

Q. Live in the foui-th ward?—A. Little over a year. 

Q. How long have you lived in the State? More than two years?—A. Yes. 

Q. Did you vote on November 2, 1920?—A. Yes. 


CAMPBELL VS. DOUGHTON. 


319 


Q. In the fourth ward?—A. Yes. 

Q. For whom did you vote for Congress?—A. 11. L. Dough ton. 

Q. What is your age?—A. F’orty-eight. 

Q. Did you make a tax return for tlie year 1919?—A. Yes. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. Yes. 

Q. Have you a receipt?—A. No; I did not bring it along; I have it at home. 

Q. Do you know the date that you paid it?—A. Well, it was in November; last 
of November. 

(J. 1920?—A. Yes. 

Cross-examination by Mr. Lewis : 

Q. You paid it November, 1919?—A. Yes. 

Q. You paid your poll tax in Shilo Township?—A. l^es. 

Q. You paid it November, 1919?—A. Yes. 

Mr. .1. H. HKIiNDON testified as follows: 

Direct examination by IMr. I*. P. Dulin : 

Q. Your name is .1. H. Herndon?—A.* Yes. 

(N Yon live in the fourth ward, city of Statesville?—A. Y'es. 

Q. How long have you lived there?—A. Thirteen months. 

Q. How long have you lived in the State?—A. Twenty-six years. 

Q. Did you vote November 2, 1920?—A. Yes. 

Q. For whom did you vote for Congress?—A. Eepublican ticket straight. 
Cross-examination by Mr. Lewis : 

Q. You say you voted a Eepublican ticket, for IVIr. Campbell for Congress?—A. 
Yes; I did. 

Q. Did you pay your poll tax?—A. Yes; but not until after May 1. 

Mr. J. F. JACKSON testified as follows: 

Direct examination by Mr. P. P. Dulin : 

Q. Your name is J. F. Jackson?—A. Y’^es. 

Q. Where do you live?—A. Fourth ward. 

Q. How long have you lived in the fourth ward?—A. Since the 1st of last 
August. 

Q. Did you vote in the fourth ward, city of Statesville, November 2, 1920?— 

I did. 

Q. Who did you vote for for Congress?—A. E. L. Doughton. 

Q. AVhat is your age?—A. Twenty-six. 

Q. Did you make a tax return for the year 1919?—A. Yes. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. I did not. 
Cross-examination by Mr. Lewis: 

Q. Were you a soldier?—A. Yes; I got out of the Army on the 28th day of 
March. 1911); 1 landed on the Kith of March and as well as 1 recollect it was the 
28th day of IMarch. 

Mr. J. W. IvACKEY testilied as follows: 

Direct examination hy Mr. P. P. Dulin: 

(N Your name is J. W. Lacke.v?—A. Yes. 

(}. Where do you live, Mr. Lackey?—A. Fourth ward. 

Q. How long have you lived there?—A. Ten years. 

Q. Did you vote in the fourth ward, city of Statesville, on November 2, 1920?— 
. A. I did. ‘ 

(2. For whom di<l you vote for Ccmgress?—^“A. E. L. Doughton. 

{}. How old are you?—A. Forty-one. 

Q. Did you pay your poll tax for 1919 on or before IMay 1, 1020?—A. Yes. 

Do you have‘a check?—A. No; I have a receipt. 

Q' Do you have a check?—A. No; I i)aid it in cash. 

Mr. A. AV. LACKEY" testified ns follows: 

Direct examination by Mr. P. P. Dulin: 

(N Your name is A. W. Lackey?—A. Yes. 

(}. Whei'i^ do you live. Mr. Lcickey?—A. Fourth ward. 

'(y Hovr long imve you lived there?—A. About six months. 


320 


CAMPBELL VS. DOUGPITON. 


(J. H«>w l(ai.L^ had yon lived in fourth ward l)efore tlie election?—A. I don't 
know. 

Three months?—A. Something like that. 

(J. Did yon vote in the fourth ward on Noveinhei' 2, 1820?—A. Yes. 

Q. For whom did yon vote for ('on.yTe.ss? —A. U. J.. Donjrliton. 

(}. What is yon aji'e?—A. Twenty-thi-ee. 

ii. Did yon make a tax return for the year 1010?—A. No; I ?;ot out of tlie 
Army the 2(1 day of Ai»ril. 

i). Yon did not jtay any ]ioll tax for the year 1010?—A. No. 

Ci-oss-examination hy IMi-. Lewis: 

(^>. Yon have lived in fourth wai'd ail yon life?—A. No. 

Q. ^Vho is yonr father?—A. Itohert Lackey. 

IMr. KALl'H iVl. T.AZKXBY testilied as follows: 

Direct examination Ity INIr. P. P. Dclix : 

Q. Yonr name is Uali)h jNI. Lazenhy?—A. Yes. « 

Where do yon live. IMr. laizenhy?—A. Fourth ward. 

(^>. How lonji liave yon lived there?—A. Fi.uhtetai months. 

Q. How lonji have yon lived in the State?—A. All my life. 

Q. Did yon vote in the election Novemher 2. 1020?—A. Yes. 

(J. In the fonith ward?—A. Yes. 

For whom did yon vote for Conjiress?—A. iMr. Don.iiht^>n. 

<F M’hat is yonr aiie?—A. Twenty-seven. 

(). Did yon make a tax return for the year 1010?—A. No. 

(L Did yon [(ay y((nr poll tax?—A. No. 

('ross'-examination hy Mr. Lewis: 

Yon were a soldier in the Army and was not heiv at tax retnridna: time?— 
A. Yes: I was in the Navy. 

Q. When were yon di.scharued?—A. On Dc'cemlx'r 24. 1018. 

]\Ir. K. Pi. LACKEY testified as follows: 

Direct examination by IMr. P. P. Dulin : 

Yonr name is Pi. Pi. Lackey?—A. Yes. 

(}. "Where do yon live?—A. Fourth ward. 

(}. How Iona: have yon lived there?—A. Ahont three years. 

(}. Did y((n vote in the election November 2, 1020?—A. Yes. 

Q. For whom did yon vote for Congress?—A. It. T.. Donghton. 

Q. AVhat is yonr a'ge?—A. Twenty-fonr. 

Q. Did yon make a tax return for tlie year 1010?—A. Yes. 

Q. Did yon ])ay yonr poll tax for the year 1010 on or l)efore iMay 1. 1020?— 
A. I don't remember whether it was before or not. 

Cro.ss-(-‘xaminati((n by Mr. Tt’kxee : 

Q. Yon say yon doirt remember whether yon paid it or not?—A. I don't 
rememher wlien I [(aid it. 

Q. Do yon remember yon paid it before IMay 1?—A. Iteally T don’t know. 

Q. Yon don't know whether it was before or after?—A. No. 

Mr. H. K. MAIZPi testified as follows: 

Direct examination by iMr. P*. P. Duiax : 

(j. Yonr name is H. It. iMaize?—A. Yes. 

Q. W'here do yon live?—A. In the fourth ward. 

ii. How long have yon lived there?—A. P'oerteeii months. 

Q. How long in the State?—A. Thirty-nine years, nine months, three days. 

Q. Did yon vote in the November election?—A. Yes. 

C^. P’or whom did yon vote for Congress'?—A. U. L. Donghton. 

Q. What is yonr age?—A. Thirty-nine years. 

Q. Did yon make a tax return for 1919?—A. Y'es. 

Q. Did yon pay yonr poll tax for 1919 on or before iMay 1. 1920?—A. Yes. 
sir. 

Q. Pay it by check or cash?—A. Cash. 

Q. Have you a receipt?—A. Yes. 

Q. Yon paid this in Chamber.sburg Township?—A. Yes. 

Q. Did yon live there before yon moved to town?—A. Porn and raised thei‘e. 


CAMPBELL VS. DOUGHTON. 


321 


Mr. KOHKirr A, McC'lU’KY testified ns follows: 

I>ireet exuDiiiintion l)y :Mr. 1\ P. Dulin: 

C}. Yoiir name is Robert A. MeCbniryV—A. Yes. 

Cp W’heiv do you liveV—A. Fourth wai'd. 

ii. How loii^- liave y«ni lived there?—A. All my life. 

ii. Did yon vote in the Xovemher election?—A. Yes. 

(J. For whom did yon vote for Conjxress?—A. R. L. Donirhton. 
i}. What is yonr ajre?—A. Twenty-four. 

R). Did yon mak<* a tax return?—A. Xo. 

(>. Pay yonr ])oll tax?—A. Xo. 

(h-oss-examination hy IMr. IvEwis : 

(L Yon were in the Fnited States Aimiy?—A. Yes: a:ot discharj?ed Septem- 
her R). R)2(). 

(P M'ere yon in Frair'e?—A. In Germany. 

Q. Soldier over there in the Fnited States Aimiy?—A. Yes. 

Redirect examination: 
i). In the army of occni)ation?—A. Yes. 

(F ^Yhen did yon move inr<> (Jeimiany?—A. About the otli of Jnly, 101B, 
How lonf>: did yon stay up there?—A. Fntil last Sei»femher. 

» 

Mr. H. (’. iSrcCLAIX^ testified as follows: i 

Direct examination hy Mr. P. P. Dultx : 

(). Yonr name is H. C. McClain?—A. Yes. 

(F Where do .von live?—A. Fourth ward. 

i}. How loinr have yon lived there?—A. Six months, T ,c:iiess. I have been 
down hei-e about a year and a half. 

Q. In and out?—A. Heen down here about a year and a half. 

(). How lonji' have yon heen in the fourth ward?—A. About a year, I guess. 
Q. Do yon know how long yon have lived there?—A. I do not. 

Q. Where did yon move from when yon moved to there?—A. Alexander. 

Q. How long have yon lived thei-e?—A. All my life. 

(>. Did yon vote in the fourth ward, Xovemher 2, 1920?—A. Yes. 

(^. For whom did yon vote foi’ Congress?—A. Donghton. 

Q. What is yonr age?—A. Thirty-nine. 

i}. Y(m made a tax i‘(>tnrn for the year 1919?—A. Yes: T ain’t right sure 
about it hut T think I did : I sent another fellow ip) there to pay my land tax. 

(,). Did yon send a man to Alexander County to pay it?—A. Yes; he was up 
there and .sent with Inm up there and he said he paid them. He was going 
lip there and I .sent with him up there to ])ay .some land tax. 

Q. Who did you send?—A. P>rother-in-law Bunton. 

Q. Have you your tax receipt?—A. X’o. 

i). Did he bring liack a receipt?—A. 1 never seen him: right after he came 
hack he said he had a iH'ci'iitt hut I have never got it from him. 

{). You don't know whether it was paid before iMay 1 or not?—A. I could 
not swear it. 

Cros.s-exainination hy IMr. Lewis: 

(). You made your tax i-eturn in Alexander County for the year 1919?— 
A. Yes. 

(). Wiiat is your opinion as to when you sent iMr. Bunton up there, before 
:May 1. 1920, to pay it?—A. It was in the spring. 

(}. You are now trying to ascertain when it was paid ; didn’t you call up 
there yesterday?—A. Yes. 

Redirect examination: 

(F And yon are trying io a.scertain that fact because you do not know 
when it was ])ai(r/—A. Yes; T do not know for certain. 

Recros.s-examination: 

(). But youi- imi)i-e.ssion is i( was paid before May 1?—A. Yes; in April 
or May 1. 


57695—21 


21 



322 


(’AMPBELL VS. DOUGH TON. 


3Ir. K. S. ]M()()KE testiiied as follows: 

Direct examination by iNIr, I’. I*. Din.ix: 

Your name is E. S. Moore V—A. Yes, 

<2. M’bere do you live, Mr. Moore?—A. M’ard 4. 

(). How Ions liave you lived in No. 4?—A. Six yeai's. 

(^. Did you vote in tlie election Novembei* 2, 11)20?—A. I did. 

Q. AVho (Ed you vote for for (T)nsress?—A. IE L, Dousbton. 

(E What is your ase?—A. Thirty-one. 

i}. Did you make a tax return for the year 1910?—A. T did. 

(E Edd you ])ay your })oll tax for 1919 on or before May 1, 1920?—A. I did. 

i]. Have you your tax receii)t?—A. T have. 

(}. Have you the check with which you paid it?—A, I have not. 

(}. Did you pay it by check or cash?—A. P>y check. 

(E Have you the receipt with you?—A. Yes. 

(). Look at it and see what the dat('. is?—A. Twtmty-.seveiith of April. 

C’ross-exaiuination by ]\Ir. Lewis: 

Q. You paid your taxes the 27th day of Aiull, 1920?—A. Yes. 

Q. That is the taxes for the yc^ar 1919?—A. Yes. 

i\Ir. It. L. MOOSE testified as follows: 

Direct examination by iMr. P. P. Driax : 

i}. Your name is Ti. L. Moo.se?—A. Ws. 

(E Where do you live, iMr. IVIoose?—A. Fourth ward. 

(}. How Ions have .vou lived in the fourth ward?—A. Six years. 

Q. Did you vote in the election November 2, 1920?—A. Yes. 

Q. For whom did you vote for Consress?—A. ]\Ir. It. L. Doushton. 

<L What is your as'O?—A, Twenty-.seven. 

Q. Did you make a tax return for the year 1919?—A. No. 

Q. Did you pay your poll tax on or before May 1, 1920?—A. No. 

Cross-examination by Mr, Lewis : 

... .Q. How old did you say you were?—A. Twenty-seven. 

Q‘. Were you in the United States Army?—A. \>s. 

Mr. E. L, NASH testified as follows: 

Direct examination by Mr. P. P. Dulin : 

Q. Your name is E. L. Nash?—A. Yes. 

Q. Where do you live?—A. Fourth ward. 

Q. How Ions have you lived there?—A. Seven years. 

Q, Did you vote in the election November 2, 1920?—A. Yes. 

Q. How old are you?—A. Thirty. 

Q. Did you make a tax return for 1919?—A. I was in the Army then. 

Q. Did you pay your poll tax?—A. No. 

Cross-examination by Mr. Lewis : 

Q. Is this your discharse from the Army?—A. Y^es. 

Mr. Lewis. I want to read this: “Name. Eusone L. Na.sh; si’ado. cook; 
enlisted or inducted, .Tune 3, 1918, at Statesville, N. C.; servins in — first 
enlistment — enlistment period at date of discharse: i)i-ior service, none; 
noncommissioned officer, none; marksmanship, sooner qualification, or ratins, 
none; horsemanship, none; battles, ensasements, skirmishes, exiieditions. Ameri¬ 
can Expeditionary Forces, .July 31,1918, to Ausust 6.1919 ; Alctory medal; knowl- 
edse of any tmcation, none; wounds received in service, none; physical condition 
when discharged, good; typhoid prophylaxis completed .Tune 20. 1918; para¬ 
typhoid prophylaxis completed .Tune 20. 1918; married or single, single; charac¬ 
ter, excellent. Remarks: No absence under A. ME 107; entitled to traveling pay 
to North Carolina. Signed W. A. Hawley, jr., ('ommander, IT)!!!* P>. S. O. S. 
Department. 

“ HONom^in.E DISCHARGE ero:m the army oe the hnited states. 

“ To all whom it may concern : 

“ This is to certify that Eugene L. Nash, 2r)7492fi, cook. Rase Hosjutal G.l, 
the United States Army, as a testimonial of honest and faithful service, i.s 


(’AMPBELL VS. DOUGHTOX. 


323 


hereby honorably discharjjed from the U. S. Army by reason of anth. P. S. O. 
223, Camp Lee, \ irginia, 8/ll/]9. Said P^n^ene L. Nash was born in Louisbiirf^, 
in the State of North Carolina. When enlisted he was 27 years of age and by 
occupation a laborer. He had brown eyes, black liair, and ruddy complexion. 
“ Given nnder my hand at Camp Lee, Va., this the 5th day of Angiist, 1919. 

“ H. E. Kembee, }fajor Commander^ 

Q. You were discharged after Hay 1 from the United States Army?—A. Yes. 
Q. In fact, yon were discharged on August 5, 1919; yon were not here to 
make a return?—A. No. 

Redirect examination: 

Q. When did yon get back to StatesxMlle?—A. Along about the 15th or IGth 
of August, 1919. 

Mr. .T. A. NORRIS testified as follows: 

Direct examination by Mr. P. P. Dulin : 

Q. Your name is J. A. Norris?—A. Ye.s. 

Q. Where do you live?—A. Fourth ward. 

Q. How long have you lived there?—A. Twenty years. 

Q. Did you vote in the fourth ward?—A. Yes. 

Q. For whom did yon vote for Congress?—A. R. L. Doughton. 

(}. What is your age?—A. Twenty-eight. 

Q. Did you make a tax return for the year 1919?—A. I did. 

(}. Did you pay your taxes on or before INIay 1, 1920?—A. I did. 

Q. Did you pa.y it yourself or have some one pay it for you?—A. I did. 

Q. Did you pay it by check or cash?—A. By check. 

Q. What is the date of your check?—A. March 15. 

Q. What year?—A. 1919. 

Q. Have you any other receipt?—A. I have some at home. 

Q. This is for the year 1918—the tax receipt you have there is for the j’ear 
1918; look and see if it is not for the year 1918?—A. I guess it is. 

Cross-examination by INIr. Lewis : 

Q. You paid your taxes for the yeai' 1919 on or before ^lay 1?—A. Yes. 
Redirect examination: 

Q. Do you know of your own knowledge, Mr. Norris, when you paid your taxes 
for 1919?—A. AVell, I don’t know .iiist when it was, but it was before IMay 1. 

(^. Did you make a tax return for 1919?—A. Yes; I did. 

]Mr. REED testified as follows: 

Direct examination by Mr. P. P. Dulin : 

Q. What is your age, INIr. Reed?—A. Forty-six. 

Q. Where do yon live?—A. Fourth ward. 

Q. How long have you lived there?—A. All my life. 

(}. Did you vote in tlie election November 2, 1920?—A. I did. 

Q. Who for Congress?—A. Mr. Doughton. 

Q. Did you jiay your poll tax for the year 1919 on or before 5Iay 1, 1920?—A. 
I did. 

Q. What is the date of payment?—A. .Tanuary 27, 1920. 

Cross-examination by Mr. Lewis: 

Q. You paid your taxes before May 1, 1920?—A. Yes. 

Mr. R. P. SHIMMERS testified as follows : 

Direct examination by Mr. P. P. Diu.in : 

(L Yonr name is R. P. Summers?—A. Yes. 

Q. IVhere do you live?—A. In fourth ward. 

(}. How long iiave you lived there?—A. Fifteen .vears. 

Q. Did you vote in the election November 2, 1920. in the fourth ward?—A. 
I did. 

Q. For whom did you vote?—A. R. L. Doughton. 

Q. What is your age?—A. I will be 53 this coming May. 

(i. Yon made no poll tax return for the yuir 1919, oi* dal not pay any tax?—A. 
No; no poll tax. 


324 


('AMFBKLL VS. DOUG P I TON. 


Gross-oxaiiiiiintion by Lewis: 

Q. You were too old to make a retiii'n for iioll tax?—A. Yes. 

Mr. H INI. SHELTON testified as follows: 

Dii’ect examination by Mr. I‘. P. Dri.ix: 

(>. Yonr name is E. M. Sbelton?—A. Yes. 

Q. Where do yon live; in the fonrtli ward?—A. I do. 

Q. How lonjr have yon lived there?—A. Tweiity-thi’ee years. 

Q. Did yon vote in the election November 2, 1920?—A. Yes. 

Q. For whom did yon vote for Conjii’ess?—A. K. L. Don.ahton. 

■Q. AVhat is yonr age?—A, Twenty-three. 

Q. When were yon 23?—A. I was 23 Angnst 2, 1920. 

Q. Did yon make a tax I’etnrn?—A. T did not. 

(1. Did yon pay any poll tax?—A. No. 

Cross-examination by ]Mr. Lewis: 

Q. Yon were in the Ignited States Aiany?—A. Navy. 

:\ri-. W. :\r. SHOEIMAKER testified as follows: 

Direct examination by IMr. P. P. Dm.iN : 

Q. Yonr name is AV. M. Shoemaker?—A. Yes. 

Q. AVhere do yon live. Mr. Shoemaker?—A. Fourth ward, Statesville. 

Q. How long have yon lived there?—A. Two years. 

Q. Did yon vote in the fourth ward November 2, 1920?—A. T did. 

Q. For whom did yon vote for Congress?—A. K. L. Dongliton. 

Q. AVhat is yonr age?—A. Thirty-five. 

Q. Did yon make a tax return for the year?—A. Yes. 

O. Did yon pay yonr pdll tax for 1919 on or before Alay 1.1920?—A. No : I paid 
them about Alay 6. 

Cross-examination by APr. Lewis: 

Q. Yon paid them IMay 6?—A. I did. 

Q. Yon nndersto(td That the Republican Party, tbrongh its chairman in Iredell 
County, and the Democratic Party, thi-ongb its chairman, had made a solemn 
agreement ivliereby they agreed t(> not challenge for the nonpayment of poll 
tax?—A. Yes. sir. 

i}. Is that the reason yon did not pay it?—A. No; that is not the reason, but 
I did not feel uneasy about it. 

Redirect examination : 

Q. AVhen did yon first hear that?—A. Tt was talked at least a month before 
May. 

Q. Yon heard it about the 1st of Apiril?—A. Yes; something like that. T don't 
remember the date. 

Recross-examination : 

Q. Was it not some time the latter jiart of April?—A. Yes. 

^VPr. J. A. STTvPlS testified as follows: 

Direct examination by Air, P. P. Dri.ix: 

Q. Yonr name is .T. A. Sikes?—A. Yes. 

Q. Whei-e do yon live?—A. Fourth ward. 

Q. How long have yon lived there?—A. About 1-1 months. 

(}. How long have yon lived in the State?—A. All my life. 

(>. Did yon vote on November 2, 1920?—A. Yes, 

Q. Who did yon vote for?—A. R.*L. Donghton. 

<^. How old are yon?—A. Twenty-four. 

(}. Did yon make a tax return for the year 1919?—A, I did not. 

Q. Did von pay yoni’ ]ioll tax on or before Alay 1. 1920, for the vear 1919'/— 
A. No. 

Cross-examination by Mr. Lewis: 

Q. Yon were in the United States Army, a soldier in France?—A. Yes. 
Redirect examination : 

Q, How long were yon in France?—A. P,etween five and six months. 

Q. Did yon go to Germany?—A. No. 


C’AMPBELL VS. DOUGHTON. 


325 


m\ THOMAS A. SANDERS testified as follows: 

Direct examination l>y Mr. P, P, Dulin : 

(^. Your najne is Thomas A. Sanders V—A. Yes. 

Q. Where do you live, IMr. Sanders?—A. Fourth ward. 

Q. How long have you lived there?—A. About 10 or 12 years. 

Did you vote in the election November 2, 1920, in the fourth ward?—A. Yes. 
Q. F(»r whom did you vote for Congress?—A. R. L. Doughton. 

Q. What is your age?—A. Twenty-six. 

Q. Did you make a tax return for the year 1919?—A. No. 

Q. Did you pay a poll tax for the year 1919?—A. No. 

Cross-examination by Mr. Lewis : 

Ci. Who did you say you voted for?—A. R. L. Doughton. 

Q. Were you in the United States Army?—A. Yes. ' 

Q. That is the reason you did not make a return?—A. Yes. 

Mr. E. E. TUCKER testified as follows: 

Direct examination by Mr. P. P. Dulix : 

(L Your name is E. E. Tucker?—A. Yes. 

Q. Where do you live; in the fourth ward?—A. Y'es. 

Q. How long have you lived there?—A. About six months before the election. 
CL You lived there since about April 1, 1920?—A.- Yes. 

CL How long have you lived in the State?—A. All my life. 

CL How long have you lived in the county?—A. 1 can't hardly tell; all my 
life, I guess. 

CL Did you vote November 2, 1920, in the fourth ward?—A. Yes. 

CL Who did you vote for for Congress?—A. R. L. Doughton, 

CL What is your age'/—A. Thirty, 

CL Did you make a tax return for the year 1919?—A. Yes. 

CL Ihd you pay your poll tax for the year 1919 on or before May 1. 1920?— 
A. Yes. 

CL Have you a receipt with you?—A. Yes. 

Cross-examination by Mr. Lewis: 

CL You were born and raised in li'edell County—A. Yes. 

CL You paid your taxes before May 1 in Chambersbnrg Township?—A. Yes. 


Mr. C. W. THOMAS testified as follows: 


Direct examination by IMr. P. P. Dcltx : 

(L Your name is C'. W. Thomas'/—A. Yes. 
c}. How old are you'/—A. Twenty-two. 

CL ^^'hen were you 22'/—A. September 2o, 1920. 

c}. How long have you been living in Iredell County?—A. All my life. 
Q. How long have you lived in ward 2?—A. About four years. 

CL Eld you vote in. the bust election'/—A. Yes. 

CL Eor whom did you vote for C,'ongress‘/—A. R-. L. Doughton. 

CL 1 dd you pay any p(»ll tax for the yeai* 1919?—A. Yes. 

C}. Have you a poll-tax receipt'/—A. Yes. 

]Mr. W. E. HANCON testified as follows: 


Direct examination by Mr. P. P, Dultx : 

(L Y^our name is W. E. Haiicon?—A. Y’'es. 

C). MTiere do you live?—A. On Front Street, fourth ward. 

Q. How long have you lived in fourth ward/ A. .lust a ^eai ago hn^t Sep¬ 
tember. . 

CL How long in the State?—A. All my hie. 

Did you vote in the November election'/—A.Wes. 

Did you vote for R. I.. Doughton?—A. Yes. 

Wlcit is vour age'/—A. Thirty-four, last. 

rWl youpay your poll tax for 1919 on or before May 1. 192()?-A. No; not 
before. 

Cross-examination by Mr. Lewis : 

O What was the J-eason you did not pay that‘s—A. ^I'here was no tax^ receipt 
charged agminst me. I called in January, the latter part of January, to settle 


Q. 

CL 

CL 

C}. 


326 


('AMPBELL VS. DOUGHTON. 


iny taxes, lait the huly in the ofhce found no receipt ajtainst me. I called back 
befoi'e the middle of Fei)ruary and still no receipt, and in March I called the 
third time, and then I went with my hi'other Stuai't, and the third trip I let it 
]>ass by, and when I went to list my taxes a.uain I said 1 thou^iht I would settle 
my taxes, and he advised me to .u'o into the register’s ollice and have it looked 
up, and I said I was sure I made my returns and wonld leave that to the other 
fellow, and 1 went on until after 1 registered and then the receipt turned uj) 
and 1 received notice of my taxes in June. 

Q. Von wei-e in thi-ee times before May 1 to jai.v. your taxes?—A. Yes. 

Mr. THOMAS i-ecalled and testitied as follows: 

Direct examination by IMr. P. P. IHuaN: 

You swoiv on dii'ect examination that you were 21 years of aji'e in Sei)tem- 
ber, 1919; were yon mistaken al)OUt that?—A. Yes; 1 went out and seen him. 

(>. How old are you?—A. He said I was 21 in 191 <S. 

You i)aid your poll tax before iNIay 1, 1920. for the year 1919?—A. Yes. 

(}. You were in the sheriff's otlice and i>aid it yourself?—A. Yes. 

Contestant offers for the recoial tlu‘ followin.t>: list of names, same havin.sx been 
dul.v suhpcenaed and having; i-efused or nejilected to api)ear at the hearintr on 
March 9, 1921. For third ward: (’. F. Drum. .1. H. Holt, Itoy L. Morrison, E. 
iMcXitt, E. Mc(’(unhs. .T. W. Xeii-dibors, Clyde ^lorris. For fourth ward : .Tames 
M. Brad.v. Clyde i\Ion-is. 

It is admitted in oiten hearinj; by counsel for contestee, U. L. Dou,irhton, that 
1>. A. Kimmons voted in the third ward, city of Statesville, in the election 
X'^ovember 2. 1920: that he voted for K. L. Douiihton for Con,iiress: tliat he is 
between the aixes of 21 and ."vO; that he is liable for poll tax for tlie year 1919 
and failed to pa.v same on or before May 1, 1920. 

It is admitted in oi>en he.Mianji' by cotmsel for contestee, K. E. Dou.uhton. that 
IE T. Elliott voted in fourth ward, city of Statesville, on Xovember 2. 1920; that 
he voted for K. E. Dou^hton for (’onuress; that he is l)etween 21 and .10 years 
of atre; that he is liable foi' poll tax for the year 1919 and failed to pay same 
on or befoi'e IMa.v 1, 1920. 

Heariiiijs resumed this the 10th day of March. 1921, in the matter of .lames 
I. Camiibell, contestant, r, U. E. Doucrliton, contestee, in the eighth conj;ressional 
district of Xorth (’arolina. in Iredell (’ounty. in the courthouse in the city of 
Statesville, before J. A. Stewart, notary [uiblic and commi.'.Jsioner of testimony; 
for contestant P. P. Dulin, foi- contestee Eewis & T.ewis, W. D. Turner, and 
Z. A*. Eon.u:. 

Air. J. 1. TOAIEIX testified as follows: 

Direct examination by Air. P. P. Dmix: 

(}. A^our name is .T. T. Tomlin?—A. A"es. 

AVhere do you live?—A. AVard 1, Statesville. 

(}. How lonii: have you lived-there?—A. All my life. 

(F Did you vote iii the election Xhvember 2, 1920?—A. A^es. 

(}. For whom did you vote for Con.aress?—A. I fori^et now; whoever run on 
the Democratic ticket. 

(X’Tn other words you voted a strai;.iht Democratic ticket?—A. Yes. 

(t. How old are you?—A. Twenty-four; will be 25 in September. 

Q. Did yon make a tax return for the year 1919?—A. Xot that T have a 
recoi'd of. 

Did you ]»ay a poll tax for 1919?—A. I have no record. 

('ross-examination by Air. Eewts : 

(}. Ahui are the son of C. S. Tomlin?—A. Yes. 

(}. Alonji' the latter part of April, 1919, did yon understand that the lle- 
imblicjins and Democrats had entered into an a.areement whereby no person 
would be challen.aed for the noni)ayment of poll tax?—A. Yes; .1 understood 
al)ouf the agreement bein.u' si, 2 :ned. 

Q, That in the face of that ap:reement the Repiiblicans insist on challen,^inf^ 
the Democrats?—A, Yes. 

Air. JOHX AI. BROAA'X testitied as follows; 

Direct examination by Air. P. P. Dtjlin : 

Q. Your name is .Tohn AI. Brown?—A. Yes. 


(•AMPBKLL VS. DOUGHTON. 


327 


i}. Wliere do you live, Mr. KrowiiV—A. :^[ool•esville. 

(). precinct do you live inV—A. Coddle Creek Township 

Q. Uliich precinct did you vote in?—A. Moores. 

Q. You don’t know whether you voted in precinct No. 1 or —V I voted 
a Kepuhlican ticket. 

« ■ 

(’ross-exainination h.v Mr. Lewis: 

(.>. You say your name is .John M. Brown?—A. Yes. 

Q. You voted a Bei)u1)]ican ticket?—A. Yes. 

(L I>o you know which Avard you voted in?—A. No; I do not. 

Q. Who was your registrarV—A. .John Phiirchild. 

(L Did you live in Iredell all your life?—A. Yes. 

Q- Uhl you pa.v your poll tax?—A. I did not owe an.y ; I come 21 in 1919 
(i. When did you come 21 ?—A. Se])reml)er 17, 1919. 

Mr. .1. P. COUBIN testified as follows: 

Direct examination by Mr. P. P. Dulin : 

(L Your mnne is .1. P. Corbin?—A. Yes. 

Q. Where do you live?—A. Mooresville. 

Q. M Inch precinct did you vote in November 2. 1920?—A. No. 1. 
i}. IG)!' whom did you vote for Congress?—A. K. L. Ikmghton. 
i}. What is youi- aj^e?—A. Poi-ty. 

(J. Did you make a tax return thr 1919?—A. Yes. 

Q. Did you ])ay your poll tax on or before May 1, 1920, for ihe year 1919?— 
A. On December 31, 1919. 

(J. Have you youi- receipt?—A. No; I have not. 

ii. Do .A’ou know of your own kiiowledj^e that there was a*p<’ii charjje on 
that receipt?—A. Yes. 

Q. What was the amount?—A. I do not I'emember. 

(’ross-examination by Mr. Lewis: \ 

Q. You know you paid your poll tax on or before Ma.v 1?—A. Yes. 

Ueilirect examination : 

Q. How louij have you lived in No. 1 precinct?—A. I moved over there in 
July, 1918. It was the IStli or 19th. 

D. Been in the State two yeai-s?^—A. All my life. 

Mr. 1']. B. CHKSTKK testified as follows: 

Direct examination by Mr. P 1*. Dulin : 

Q. Your name is P]. B. (diester?—A. Yes. 

(J W’here do you live, JMr. (diester?—A. Near IMooresville, Ireilell Count.A’’, 
(’oddle (Jreek Townshii). 

Q. Wdiich pi‘e(‘inct do you live in?—A. I do not remember the number; I 
voted in iNlecklenbur;;;- in 1920 and paid my taxes there for 1919. 

(L How lon.e: have you been in Coddle (^'reek Township?—A. Only one year. 
Q. You don’t know Avhether you live in No. 1 or No. 2 precinct?—A. No; I 
don’t know the numbers. 

Q. Did you vote in the election November 2, 1920?—A. Yes. 

(L Pkir whom did you vote for Congress?—A. K. L. Doughton. 

Q. Wdiat is your age?—A. Thirty-eight. 

Q. Did you make a tax return for the year 1919?—A. Yes. 

Q. Did you pay your poll tax on or before May 1,1920?—A. Yes; November 28. 

Ci'oss-examination by Mr, Lewis : 

Q. You paid your poll tax in Mecklenburg County?—A. Yes. 

Q. You iiaid it on the 28th day of November, 1919?—A. Yes. 

Q. Y'ou have been in Coddle Creek one year?—A. Yes. 

Q. .T. O. Fairchild registered you?—A. Yes. 

Mr. E. R. CLONINCER testified as follows: 

Direct examination by IMr. 1\ P. Dulin : 

Q. Your name is PI. R. Cloninger?—A. Yes. 

g. W'here do you live, Mr. Cloninger?—A, Near Mooresville. 

How long have you lived in ^Mooresville?—A. I live about 3 miles out of 
Mooresville 


828 


CAMPBELL YS. DOVGHTON. 


Q. Which precinct <lo you live in?—A, No. 1. 

Q. How lonj? have you lived in this i)recinct?—A. SouH‘thin.i? like four years, 
I think. 

(). Did you vote November 2, 1920?—A. Yes. 

' Q. For whom did you vote for Coiiijress?—A. Mr. liol) Douj^hton. 

Q. What is your ajfe?—A. Thirty-one. 

Q. Did you pay your poll tax for 1919 on or l)efore ]May 1, 1920?—A. De¬ 
cember 16. 

Q. Did you make a tax return for the yeai- 1919?—A. Yes. 

Q. Have you your poll-tax recei])t?—A. Yes. 

Q. Let me see it, please. 

Cross-examination by IMr. Lewis : 

Q. You say you paid youi- poll tax for tbe year 1919 on December 16. 1919?- — 
A. Yes. 

Air. E. L. DINGLEU testitied as follows: 

Direct examination by Air. I*. P. Dut.in : 

Q. Your name is E. L. Dinjjler?—A. Yes. 

Q. Where do you live?—A. Alooresville. 

Q. Which precinct?—A. No, 1. 

Q. How lonj? have yon lived there?—A. Eijrhteen years. 

Q. Did you vote in the election November 2, 1920?—A. Yes. * 

Q. AVhich precinct did you vote in?—A. One. 

Q. For whom did you vote for ConjU'ess?—A. It. I.. Don,ubton. 

Q. What is your ajie?—A. Twenty-two. 

Q. When were you 22?—A. Alay 3, 1919. 

(). Did you make a tax return for the year 1919?—A. No. 

Q. Did you pay your poll tax on or before Alay 1, 1920?—A. No; I did not 
owe any. 

Cross-examination by Air. Lewis: 

Q. You were too young to make a tax reutrn on Alay 1. 1919?—A. Yes. 

Air. FRANK GABRIEL testified as follows: 

Direct examination by Air. P. P. Dultn : 

Q. Your name is Prank Gabriel?—A. Yes. 

Q. Where do you live?—A. Alooresville. 

Q. Which precinct?—A. No. 1, I guess. 

Q. How long have you lived in No. 1?—A. About six months. 

(}. Where did you move from to No. 1?—A. Catawba. T voted in Catawba this 
year. There are two Frank Gabriels in Alooresville, and 1 think they got my 
name mixed up. 

Cross-examination by AIi*. Lewis: 

Q. Say there is another Frank Gabriel in Alooresville?—A. Y'es. 

Air. W. H. HORTON testified as follows: 

Direct examination by Air. P. P, Dulin : 

Q. Your name is W. H. Horton?—A. Yes. 

Q. Where do .vou live. Air. Horton?—A. Alooresville. 

(}. Which precinct?—A. No. 1. 

Q. How long have you lived there?—A. Twent.v-odd years. 

Q. Did you vote in tbe election November 2. 1920?—A. Yes. 

Q. For whom did you vote for Congress?—A. R. T.. Dougbton. 

(}. What is your age?—A. Forty-four; will soon be forty-five. 

Q. Alake a tax i-eturn for 1919?—A. Yes. 

(}. Did you pay your poll tax for 1919 on or before Alay 1,1920?—A. I did. 

(}. Have you your tax receipt?—A. I have. 

(}. Did you pay it by check or cash?—A. By check. 

Q. Have you the check?—A. No; I could not find it. 

Q. Have .you a distinct recollection beside what appears on the receipt that you 
did pay your poll tax on or before Alay 1?—A. Yes. 


Air. W. L. .TONES testified as follows: 


('AMPBELI. VS. DOUGHTOX. 


329 


Hi rod exaiuiiuitioii by ^Ii*. P. P. Dci.tn : 

(i. Voni- name is \V. 1.. .[ones;—A. Yes. 

(). \\ liei‘(‘ do you liveV^—A. Live near i\rooresville. 

Which i»recinctV—A. No. 1. 

Did y(ni vote in the election?—A. I did. 

(). For wlioin did yon vote for (’on.ure.^s?—.\. K. L. Donjilitoii. 

(}, Yon state ^on wt're •>() years af a.u'e November, 1919?—A.. I was 50 v'ears 
old ill November, 1918. 

Mr. F. 1.,. KATjK testilied as follows: 

Direct examinalion by .l[r. P. p. Din.iN : 

(}. Yonr name is E. L. Kale?—A. Yes. 

(N Where do yon liv(‘?—A. ^[ooresville. 

(). What iirecinct?—A. No. 1. 

(}. Flow loiiu' hav(‘ yon livi'd in No. 1?—A. Aliont eijtht .vears. 

(}. Did yon V(»te in the eU'ction Noveinlier 2. 1920?—A. Yes. 

(N Foi- whom did yon vote for ('oiiirress?—^A. K. L. Donshton. 

(F ^^’hat is .vonr ajte?—A. Twent.v-six. 

(N Did yon make a tax return for the year 1919?—A. No. 

(N Did y(»u pay yoni- poll tax on or liefore IMay 1, 1920?—A. No. 

(’ross-examination by Mr. l.Kwrs: 

(}. ^^'ere .von a soldier in the late war?—A. Yes, 

(). M'lien were yon discharii:e<l from the United States Armv?—A. June 28, 
1919. 


Jfr. H. T. LEE testified as follows: 

Direi't examination by ]Mi-. P, P. Di’i.in: 

(}. Yonr name is H. T. Lee?—A. Yes. 

(}. AVhere do yon live?—A. ATooresville. 

(). What precinct?—A. No. 1. 

(}. Did yon A'ote in the November election, 1920?—A. Yes. 

Q. For whom did yon vote for Uonirress?—A. Strai.sht Democratic ticket. 

Q. What is .vonr aye?—A. (Joiny into 27. 

Q. Did yon make a tax return for the year 1919?—A. No. 

Q. Did yon pa.v .vonr poll tax for 1919 on or before May 1, 1920?—A. No. 

Cross-examination by Mr. Lewis: 

Q. Yon were not here Afay 1, 1919?—A. No. 

Q. Yon were in the Ignited States Army in Prance?—A. Yes. 

(}. When were yon discharyed?—A. June 29. 

Q. Yon understood that all soldiers who were discharged after Alay 1 were not 
liable for poll tax?—A. Yes. 

Air. EDGAR LINKER testified as follows: 

Direct examination by Air. P. P. Dulin : 

Q, Yonr name is Pldgar Linker?—A, Yes. 

Q. AVhere do yon live—what ]>recinct?—A. No. 1. I do not live in the city; I 
just work there. I live in R. F. D. No. 3. 

Q. Yon live in precinct 1. though?—A. Yes. 

Q. Did yon vote in the November election?—A. Yes, 

(}. For M'hoin did yon vote for Congress?—A. Straight Democratic ticket. 

Q. AAJiat is yonr age?—A. Twent.v-tliree. 

Q. Did yon make a tax return for the year 1919?—A. Yes. 

Q. Did yon pay yonr poll tax for 1919 on or before Alay 1, 1920?—A. Yes, 

Q. AAlio'did yon pay it to?—A, Sent the check to Air. Alexander. 

Q. AAdien di(i von pav it?—A. About April 30, I believe it was. 

Q. AVhat year?—A. 1920. 

Cross-examination by Air. Lewis : 

Q. A'oii paid yonr i)oll tax on or before Ala.v 1, 1920?—A. Yes. 

Q. About April 30?—A. A>s; about April 30, I think it was. 

Redirect examination: 

Q. How long have yon lived in Statesville?—A. Twenty-three years. 


330 


CAMPBELL VS. DOUGHTON. 


Mr. .JOE MESICI'v testified as follows: 

Direct examination by Mr. P. P. Dulin : 

Q. Your name is Joe Mesick?—A. l^'es. 

Q. What precinct in Coddle Creek Township do you live in?—A. No. 1. 

Q. How lonjt have you lived in No. 1?—A. Over a year; I don’t remember 
exactly. 

(}, Wliere did you move from to your i)resent residence?—A. Statesville. 

(J. How lon^ iiad you lived in the State prior to this election?—A. About 
two or tliree years. 

Q. Where did you move from to the State of North Carolina?—A. Union 
Grove. 

Q. Well, did you vote in the election November 2?—A. Yes. 

Who did you vote for for Congress?—A. Straight liepublican. 

Cross-examination by ISIr. I>ewis : 

Q. M’hat is your name?—A. Joe Mesick. 
liedirect examination : 

Q. You paid your poll tax for 1919 on or before May 1, 1920?—A. Yes. 
liecross-examination: 

(}. AVhere did you pay your poll tax?—A. Here. 

Q. When did you move down to Coddle Creek?—A. About a year ago. 

Mr. GEORGE MORROW testified as follows: 

Direct examination by Mr. P. P. Dulin : 

Q. Your name is George Morrow?—A. Yes. 

Q. Where do you live, Air. Alorrow?—A. Alooresville. 

Q. What precinct?—A. No. 1. 

Q. How long have yo\i lived in No. 1?—A. Since returning from the Army 
in 1919. 

Q. You have made that your home all your life?—A. Yes. 

(y Did you vote in the November election?—A. I did. 

(y Did you vote foi’ R. L. Dougbton for (’ongress?—A. 1 did. 

(y Wbat is your age?—A. Thirty-four. 

ty Did you pay your i)oll tax foi- 1919 on or before Alay 1, 1920?—A. I paid 
all taxes cbai'ged against me; I don’t i-emeinber wlietbei- there was a poll tax 
or not. 

(’ross-exaniination l)y Air. Lewis: 

<y A'ou were a commissioned officer in the United States Army?—A. I was. 

(y When wei'e you disdiarged from the Army?—A. Sixteenth dav of .lulv. 
1919. 

ty Wei-e you in France and Germany?—A. Yes. 

Q: Aleinber of the United States Army?—A. A'es. 

Air. H. AV. AIELCHOR testified as follows: 

Direct (\\aniinatio)i by Air. P. P. Dtu.in : 

(y Ahmr name is AA". H. Alelchor?—A. H. AA'. 

(y AA’hicb precinct in Coddle Creek do you live in?—A. No. 1. 

Q. How long have you lived there?—A. Twenty-tliree years, 
ty Did you vote in the November election?—A. I did. 

(y For whom did you vote for Congress?—A. R. L. Dougbton. 

(y AA'hat is your age?—A. Twenty-three. 

Q. AAMien were you 23’?—A. July 14, 1920. 

. Q. Did you make a tax return for 1919?—A. I did. 

cy Did you pay your poll tax for 1919 on or before Alay 1. 1920?—A. No; I 

was in the Army until the 14th of August, 1919. 

(’ross-examlnation by Air. Lewis: 

Q. There were no i)oll tax charged against you?—A. No. T was not in this 
country to i)ay any. 

(y You were discharged in August, 1919?—A. A"es; the 14th. 

(y Since the commissioners of Iredell County had exen\pted all soldiers who 
had been discharged after Alay 1 from the payment of i)oll tax I ask you if you 

did not have a legal right to vote?—A. I did; I paid mine and they gave me my 

money back. 


C’AMPBKLL VS. DOUGH TON. 


331 


(>. 1 It'll (lid you ])ay tlieiii?—Aloni[ 2 ; in .Taiuutry, 

Q. You imid your taxes iu .Taiiuai-y, 1920. and then the slierifT j^ave it hack to 
youV—A. Sheriff Alexander sent me a reeei])t for mine. 

{}. Tliat was the general uiiderstaudin.ir amoiii;- all soldiers iu Iredell County— 
that they were not to jiay any poll tax?—A. Yes. 

Redirect examination : 

C}. ^ on accepted the money when the sheriff returned it to vou?—A. T did. 
g. Did he return it to you before May 1, 1920?—A. I did'not par the sheriff 
any money—just sent a receijit. 

g. You state the commissioners exemptc'd you : have you any certiticate of 
exemption?—A. No. 

Recross-examination : 

(}. \ou mean you ,uot a I’ehate?—A, He just sent me a receijit and I did not 
have it to jiay. 

Mr. A. (). 1MEL(^H()R testified as follows: 

Direct examination h.v Mr. 1*. R. Dulin : 

(j. Your name is A. (). Melchor?—A. Yes. 

(h What precinct do you live in ('oddle Creek?—A. No. 1. 
i}. How loiifi' have you lived there?—A. All my life. 

(]. Did you vote in the election November 2, 1920?—A. I did. 
i]. For whom did you vote for (%)n.uress?—A. R, L. Dou.ahton. 

(]. What is your ajte?—A. Twenty-one. 

(j. AVhen were you 21?—A. June 10, 1920. 

Cross-ex a mj nation by IMr. Lewis: 

i}. You were too youni*: to jiay iioll tax for the year 1919?—A. Yes. 

Mr. JOHN MANN testified as follows: 

Direct examination by Mr. I‘. P. Dttltn : 
g. Your name is .Tohn IMann?—A. Y^es. 

g. What precinct in (’oddle Creek do you live in?—A. No. 1. 
g. How lonji’ have you lived there?—A. Plleven years. 

(}. Did you vote in the November election?—A. I did. 

g. For whom did you vote foi- ('on,£;ress?—A. R. L. Douahtou. 

(L What is your a.ae?—A. Twenty-seven. 

(}. Did you make a tax return for 1919?—A. 1 did. 

(h Did you pay your poll tax on or l)efore IMay 1, 1920?—A. No: T did not. 
('’ros.s-examination by M. Lewis: 

g. Yhui knew that the Democratic and Republican Party, throujih their chair¬ 
men in Ii-edell ('ounty. had entei’ed into an aiireenamt whereby no person 
would l)e challeniied for the noniiayment of poll tax?—A. I understood it that 
way. 

(h And you considered yon had a ri.aht to vote under that a,ureement?—A. I 
was in the Army. 

(j. When were yon dischar/^ed fi'om the Army?—A. December 20, 1919. 

:\rr. P'LOYD MILLS testitied as follows: 

Direct examination by Mr, P. I*. Drox : 

(h Y"onr name is Floyd Mills?—A. Yes. 

(}. What precinct in (\)ddle Creek do yon live in?—A. No. 1. 

(). How lonj>: have yon lived there?—A. About lo yeai-s; maybe Ioniser. 

(j. Did yon vote in the ('lection November 2, 1920?—A. I did. 

(}. In ward 1?—A. Y"es. 

g. Did yon vote for R. L. Doiiiiliton for Conj^ress?—A. Yi's. 

(}. What is yonr ajte?—A. Thirty-three. 

g. Did yon make a tax return for 1919?—A. Y"es. 

g. Did yon pay yonr poll tax for the .vear 1919 on or before IMay 1?—A. Yes. 

Have yon a tax receipt?—A. Yes. 

(}. Is there a jioll-tax charite on that tax receipt?—A. Yes. 

(^. Have yon the receipt there?—A. Yes. 

(j. Look at it and see if there is?—A. Yes. 

g. How much is it?—A. Three sevent.v-five for polls ($3.75). 


332 


ClAMPBI^LL VS. DOUcmTON. 


(>. AN’hat (late did you pay that on?—A. iNIay 1. 

(), Who did you pay it to?—A. Some fellow sent it from the mill oltiee up 
here and i)aid it for me. 

(). Did you send the money wltli him?—A. No. 

('ross-examinatioii hy Mr. Lewis: 

(y Tile money was taken out of your wa^es and paid?—A. \ es. Tliey come 
and asked me; said they seen when' I had not paid my taxes, and said that 
they would loan me money to pay it. 

(). You iiaid the money hack?—A. Yt's. 

Mr. .TORN L. MILLS testified as follows: 

Direct exam'nation hy Mi’. P. P. Dvi.in : 

(h Your name is .John L. IMills?—A. Yes. 

(). W'hat ])recinct in ('oddle (h’e<'k do you live in?—A. No. 1. 

(). How loll}*' have you lived thei’e?—A. About 20 years. 

(h Did you vote in the election NoVemher 2, 1020?—A. I did. 

Q. What is your a.ae?—A. Twenty-tive. 

Q. For whom did you vote for Donjii'ess?—A. U. L. Dou^hton. 
ty Did you make a tax return for the year 1019?—A. No. 

(y Pay your poll tax on or before 31ay 1, 1920?—A. No. 

('ross-examinafon hy Mr. Lewis: 

(y You were a soldier?—A. Yes. 

i}. Was not here to make a return?—A. No’. 

Mr. .1. F. MULLINOK testified as follows: 

IMrect examination hy INlr. P. P. Dri.ix : . - 

(y Your name is .J. F. Mullinor?—A. Y’^es. 

(y M'here do you live?—A. Mooi’esvilU'. 

(y What pn'cinct?—A. ('oddle ('reek. 

(y A\’hich lU'ecinci ?—A. ('oddle ('I’eek is all 1 know. 

(y You do not know if y(»u live in No. 1 or 2? How lonir have you lived 
there?—A. Three years. 

(y Did you vote in the election. Novemhei' 2. 1920?—A. Yes. 

(y Did you vote for U. L. Dou.uhton for ('onliress?—A. Yes. 

(}. What is your aire?—A. Twenty-seven. 

<}. D (1 you make a tax return for the year 1919?—A. Yes. 

(y D'd you i)a.v vour poll tax for the >ear 1919 on or before ^lay 1. 1920?— 
A. Yes. 

(y Who did you i»ay it to?—A. 1 mailed it to the sheriff. 

(y ('heck or moiu'y?-—A. yioiu'y ordci’. 

(y What date was iliat?—A. Ai»ril 20, 1920. 

(y Which precinct did you V(!te in?—A. ('oddle ('reek. 

(). One or two?—A. I do not know. 

(y What 's the date of your poll tax receijit?—A. A))ril 20, 1920. 

(). Do you remember aside from what Is on th's receipt M’hen you paid that 
tfix?-—A. No; I nuiiled tlu' nauiey a day oi‘ two ht'fore this date. 

('I'oss-examination by ?dr. Lewis: 

(,). You mailed a moiu'v ord(')’ and a’ot a receijit a few days after?—A. Yes. 
(>. It is stamped paid A])rii 20, .1920?—A. Y(‘s. 

(}. iMr. ,Tohn F. Fairchild was your reaistrar?—A. Yes. 

K('direct examination : 

(). Were you reiiistered?—A. Yes. 

:\[r. W. A. yiOKliOW testified as follows: 

Direct examination hy IMr. P. P. Dultx : 

(y Your name is A. Morrow?—A. Yes. 

(}. Wliat jirecinct do you live in ('oddle ('r<‘ek?—A. No. 1. 

(y How lon.u' have you lived in No. 1?—A. Ten years. 

Q. Did you vote in the election, Novtanher 2, 1920?—A. Y>s. 

Q. Phu- whom did you vote for ('dnjiress?—A. li. L. Doujjhton. 

Q. What is your age?—A. Twenty-four, 

Q. Did you make a tax return for 1919?—A. Yes. 


CAMPBELL YS. DOUGHTOX. 


338 


i}. Did you puy your poll tax for 1919 oii or l>efore May 1, 1929?—A. Yes. 

(>. Where do you work?—A. Mooresville cotton mill. 

(^). Did you pay ytuir tax or send it hy some one?—A. 1 paid mine to M. P. 
Alexander. 

In his ofiice here?—A. No; Mooresville Mara.u'e. 

(,). Was he down there collect ii.u?—A. Yes. 

(y What date was that?—A. December 1(5, 1919. 

(,). Have you your tax kh-c^ pt?—A. Yes. 

(>. Is there a poll eharjie'on it?—A. Three dollai's and seventy-live cents. 

Ml'. J. M’EKL M('LAIX ti'stilied as tolhovs; 

Dii'ect examination by Mr. P. P. Dui.ix : 

(). Your name is ,1. Webl) ^McLain?—A. Yes. 

(,). Where do you live?—A. ^Mooresville. 

(}. M’hat precinct?—A. No. 1. 

(}. Ho\\ lonii' have you lived there?—A. About two years. I think. 

(T How loni; are you certain you lived there?—A. Two years this coming 
July. 

Q. How long have you lived in the State?—A. About 30 years, 

Q. Did you vote in the November election?—A. Y'es. 

(2. For whom did you vote for Congress?—A. R. L. Doughton. 

(}. M’hat did you say your age was?—A. AVill he 30 years old the 11th day of 
April. 

(i. Did you make a tax return for 1919?—A. Y^es. 

Q. Did you pay your poll tax on or before May 1, 1920?—A. Yes. 

(T AATien did you pay it?—A. April 29—^to B. P. Smith. 

Q. AVho is Smith?—A, Smith down here next to the sheriff. 

Q. You iiaid it with cash?—A. Mr. Barber gave him a check for me. 

Q. A"ou work for Mr. B<arl)er?—A. Yes. 

Cross-examination by Ylr. Lewis : 

(). Air. F. F. Smith is deputy sheriff and had the tax hook out collecting 
taxes and asked you to pay yours?—A. Yes. 

Q. A’^ou paid Mr. Barber his money back?—A. Y>s. 

Q. \"our tax return was made in Barringer Township?—A. l^s. 

Redirect examination : 

(^. AAdien did you pay it hack?—A. I was working for him, and at the end of 
die week he kept it out of my time. 

Air. SAAI S. NEAL testified as follows: 

Direct examination hy Air. I*. P. Dulin : 

Q. Your name is Sam S. Neal?—A. Yes. 

(T AAdiere do you live?—A. Alooresville. ^ 

Q. How long have you lived in Coddle Creek Township?—A. Twenty-four 
years. 

(}. AAliich precinct do'you live in?—A, No, 1. 

Q. Did you vote in the election November 2, 1920?—A. Y"es. 

Q. Did you vote for R. L. Doughton for Congress?—A. ATes. 

(}, Say your age is 24?—A. l>s. 

(}. Did you make a tax return for 1919?—A. A"es. 

(}. Did you pay yoni- poll tax for 1919 on or before May 1, 1920?—A. Yes. 

(}. AA'as a poll tax charged on it?—A. Yes. 

(}. AATiat date did you pay it?—A. December 17, 1919. 

(). AVho did you pay it to?—A. AI, P. Alexander. 

Cross-examination by Air. Lewis : 

Q. Air. AI. P. Alexander is sheriff of Iredell County?—A. Yes. 

i^lr. JOHN AV. NEWTON testified as follows: 

Direct examination by Air. P. P. Duein : 

Q. AT>ur name is John AV. Newton?—A. Yes. 

cj. AAJiere do you live. Air. Newton?—Coddle Creek Township. 

(,). How long'have you lived in Coddle Creek Township?—A. Since June 
5, 1919. 


334 


CAMPBELL YS. DOUGHTOX. 


Q. Where did yon move from Coddle Creek?—A. My people moved from 
Kannapolis; 1 was in the service of tlie United States Army. 

Q. Yonr people moved from Kannapolis; yon enlisted from Kannapolis, did 
yon? Did yon vote Xovemher 2, 1920?—A, I did. 

Q. Did yon vote for Hon. It. L. Donghton for Conj?ress?—A. I did. 

Q. Mdiat is yonr age?—A. Twenty-four. 

Q. Did yon make a tax return for 1919?—A. Yes. 

(}. Did yon pay yonr poll tax for 1919?—A. l^es. 

Q. When did yon pay it?—A. On May 1, 1920. 

Q. IVho did yon pay it to?—A. Paid it to C. V. Moore; rather, my brother 
paid it for me, and I retnrned the money to him two days later. 

Cross-examination by Mr. Lewis : 

Q. Yon made yonr poll-tax -return in Iredell Comity for the year 1919 and 
paid yonr tax in Iredell Comity and ]iaid yonr poll tax on or before May 1, 
1920?—A. Yes. 

Mr. S. L. PIKE testified as follows: 

Direct examination by Mr. P. P. Dulin : 

Q. l^onr name is S. L. Fire?—A. Y^es. 

Q. Where do yon live?—A. Coddle Creek Township, Moorseville. 

Q. What precinct?—A. One. 

Q. How long have yon lived there? — A. About two years. 

Q. Have yon lived in the State two years?—A. Y'^es; all my life. 

Q. Did yon vote in the November election?—A. I did. 

Q. For whom did yon vote for Congress?—A. R. L. Donghton. 

Q. AVliat is yonr age?—A. Twenty-seven. 

Q. Did yon make a tax return for 1919?—A. I did. 

(y Did yon i)ay yonr poll tax foi- 1919 on oi- before May 1. 1920?—A. I did. 
Q. When did yon pay it?—A. April 26, 1920. 

Q. Have jmn yonr tax receipt?—A. I have. 

Q. A poll tax is charged on the receipt?—A. Y^es. 

Q. What is the ainoimt?—A. .$3.7.5. 

Q. What do yon do?—A. Clerk in the hardware. 

Cross-examination by ^Ir. Lewis : 

Q. Yon paid yonr poll tax, yon say?—A. Yes. 

Q. On \vhat date?—A. April 26, 1920. 

]\Ir. H. B. RAPE testified as follows: 

Direct examination by ]Mr. P. P. Dulin : 

(y Y"onr name is H. B. Rai)e? — A. Y^es. 

Q. Where do yon live?—A. Coddle Creek, No, 1. 

Q. How long have yon lived there? — A. About four years. 

Q. Did yon vote in the November election? — A. Y"es. 

Q. For whom did yon vote for Congress?—A. R. L. Donghton. 

Q. What is yonr age?—A. Thirty-four. 

Q. Did yon make a tax return for the year 1919?—A. Y^es. 

Q. Did von i>ay yonr poll tax for the vear 1919 on or before May 1, 1920?— 
A. Yes. 

Q. Was there a poll-tax charge on yonr receipt?—A. Yes. 

Q. What date did yon pay it?—A. April 17, 1920. 

Q. Have yon yonr tax receipt with yon?—A. Y’^es. 

Q. Look on the receipt and see what the date is, please?—A. I paid my 
taxes to Squire C. AY Boyles, and Shei-iff Alexander stamped it April 26, 1920. 

Cross-examination by Mr. Lewis : 

Q. Air. C. V. Boyles is a magistrate and notary public in Coddle Creek 
Township?—A. Yes. 

Q. And collected taxes for Air. Alexander?—A. Y^es. 

Air. TURNER ROBINSON testified as follows: ^ 

Direct examination by Air. P. P. Dulin : 

Q, Y'onr name is Turner Robinson?—A. Yes. 

Q. What ])recinct in Coddle Creek do yon live in?—A. No. 1. 

Q. How long have yon lived there?—A. Two years and six months. 


C’AMPBELL VS. DOTJGHTON. 


335 


Q. Did you vote in the November 2 election, 1920?—A. I did, 

Q. For whom did you vote for Congress?—A. R. L. Doughton. 

Q. What is your age?—A. Twenty-nine. 

t>. Did you make a tax return for the year 1919?—A. I did not. 

Jhd you pay your poll tax on or before May 1, 1920?—A. I did not. 

(’ross-examination by i\Ir. Lewis: 

You understood that the Republican and Democratic Parties through 
their chairmen had entei'ed into an agreement to not challenge any person on 
the nonpayment (d poll tax?—A. Tluit was my understanding. 

Reilirect examination: 

(}. Did you understand tliat tlie Republican chairman or any other official 
of tlie p^rty liad any i-ight to waive any constitutional reciuirement?—A. I do 
not know about that. 

Mr. C. JOHNSON testified as follows: 

Dii-ect examination l)v Mr. I*. P. Dulin : 

• « 

(L Your name is C. Johnson?—A. Yes. 

Q. Kon 0.?—A. Yes, 

(). How long liave you Iive<l in Coddle Creek Township?—A. All my life; 
27 years. 

(y What i)recincf do you live in?—A. No. 1. 

(y Did you v<de in the N<n’ember ele(*tion?—A. Yes. 

Q. Who did you vote for foi- Congress?—A. R. L. Doughton. 

Cy What is your age?—A. Twenty-seven. 

(y Did ,vou make a tax return for the year 1919?—A. No. 

Q. Did you i)ay your poll tax for 1919 on or before May 1, 1920?—A, No; I 
was in the Army at that time. 

(h’oss-exa mi nation l»y i\lr. Lewis: 

(y What company were .vou in?—A. Eleventh Company, Tliird Air Service, 
(y When were you discharged?—A. July 8. 1919. 

(y Is your father a member of the board of county commissioners?—A. Yes. 
(y Were you informed b.v him and other peoiile that they had made a ruling 
that all soldiers discharged after May 1 were exempt from poll tax?—A. Re¬ 
publicans as well as Democrats. 

Q. You thought you had a right to go and vote?—A. I did and .so voted. 

(y You do lU)! think any soldier who voted and who went over and fought 
in the war should be challenged by any man?—A. No; I don’t. 

Redirect examination: 

(y Have you a cei'tificate of exemption made out by the commissioners of 
Iredell (’ounty?—-A. No. 

(>. Do you .see any reason why it should be wrong for you to be challenged 
if Republicans are challenge<l in this contest?—A. I do not .see any reason wliy 
it is* wrong for me and sliould not be any difference. 

ry If the Democrats should challenge the Republicans when their hearing 
is held you will feel like it was nothing more than right that we should chal¬ 
lenge you?—A. I don’t believe they will challenge them. 

Contestee R. L. Doughton objects to the attorney for contestant, James I. 
Cami)be!l, asking a (piestion in which he infers that the contestee will now or 
at any time challenge soldiei-s’ votes.. We have asked IMr. Campbell several 
times not to challenge any soldiers for the nonpayment of poll tax and we will 
again. Now ask him not to challenge any soldier for the nonpayment of poll 
tax and promise if they will entei- into that agreement we will not challenge a 
soldier in the State of 5s"orth Carolina oi* anywhere else. 

(). Do you think the county commissioners have a right to violate the con¬ 
stitutional requirement of North Carolina?—A. No; I do not. 

Q. You are intelligent enough to know that the Legislature of North Caro¬ 
lina can not <lo that?—A. I think .so. 

(y If the.v di<l exceed their authority, do you think they <lid right?—A. I 
think so, under the circumstances. 

Q. You tliink the county commissioners ought to have the right waived?— 
A. Undei* certaiji conditions. 

Q. If you are right in your contention what do you think would become of 
the government?—A. Conditions .such a.s this do not exist very often, • 


33G 


C’AMPBELL VS. DOUGHTON. 


Q. Put you do think the pi'oper proc-t^dure is to suhinit to the constitution?— 
A. We woidd not want it otlierwise under ord.nary conditions. 

Itecross-exaniination : 

Q. You are an intelligent man. as he stated ; 1 ask you if thei’e is any law 
whereby a man is compelled to challenj^e any man’s vote?—A. Not that I 
know of. 

Q. I ask you whether the State of North (’aolina does not M’ct part of every 
I)oll tax paid in Iredell (’ounty?—A. It does. 

Q. I will ask you if the State of North Garohna has asked us to refund any 
m(mey that the soldiers did not pay in the county?—A. Not that I have 
hear<l of. 

Redirect examination: 

Q. Do you know what becomes of poll tax?—A. No; I do not. 

Q. Do you know that part of it is a school fund?—A. Yes. 

Q. You know also that schools have been standin,i 2 : idle in Iredell, do you 
not?—A. No; I do not. 

Q. You know a complaint has been made that .^cliool-teachers could not set 
their pay, do you not?—A. Y"es; 1 have heard that. 

Q. If the State had waived a low tax due to he collected accordinp: to the laws 
of North Carolina and g'et behind in the payment of school-teacliers, you do 
consider that very had business i)olicy?—A. Well, under these conditions, I 
d(> not. 

Q. You think soldiers and other people who are exempt from the i)ayment of 
poll tax. it is all right to exempt them and let the schools stand idle?—A. No; 

I do not; but think the soldiers should he exempted. 

Q. As a matter of fact, you think they deserve additional conipen.^ation ?— 
A. No; nothing other tlian when they weiv in the service. 

Q. You think it is pro])er to i)ay labor $8 per day for safe work and at the 
same time pay the soldiers $1 per day for work in the trenches’?—A. No; I do 
not think that is right. 

(}. You do think the American soldier was uudei-paid’?—A, I do. 

Q. And that is the reason why you think he should get this additional 
allowance in the way of poll tax’?—A, No; not necessarily. That is not the 
reason; it is for the fact that he was in the service at that time, and should be 
exempt from those taxes regardless of whether he drew money enough to pay 
them or not. 

Recross-examination : 

Q. Mr. Dulin has asked you in regard to your pay in the World War; I ask 
you if it is not a fact that the soldiers were paid double the amount as when 
in yie Spanish-Amei-ican War during McKinley’s administration?—A. 1 do not 
know, but I know they were paid .$15 and it was doubled. But I don’t think, 
as I stated, that that is the reason they should be exempt from poll tax. I don’t 
think that at all. 

Itedirect examination: 

Q. You think any exemptions that were made, or allowances, should have been 
ma<le legally, say, by the Legislature of North Carolina?—A. Well, we have got 
to do that. 

Q. Do you believe in carrying out law and order?—A. I do. 

Q. And the Legislature of Noi-th Carolina could have within their right and 
their i)Ower voted an allowance for the soldier sufficient to cover and pay the 
poll tax or any other payment they saw fit?—A. \>s. 

Q. But the only thing that has been done for the soldiers is purely an illegal 
transaction according to the laws of North Carolina, and you feel it should have 
been gone at in a different way?—A. Well, probably it should have been, but I 
don’t believe it is wrong. 

(,). You mean by that it is no moral wrong to vote, having not paid your poll 
tax?—A. I do. 

Recross-examination: 

Q. What little the State of North Carolina and Iredell County attempted to 
do for the soldiers is now being tried to be taken away from them by Dr. 
Campbell?—A. Y^es; it looks that way to me. 


('AMPBELL VS. DOUdHTON. 


337 




Mr. C. H, STEVEN testitied as follows: 

1 )irec-t oxamiiiatioii by Mr. P. P. Dulin : ‘ . , 

Q. Your name is IV H. Steven?—A. Yes. 

Q. Where do you live?—A. Mooresville. 

Q. What precinct?—A. No. 1. 

Q. How long have you lived in No. 1?—A. About three years. 

Q. Did you vote in the last election?—A. I did. 

Q. For whom did you vote for Congress?—A. Mr. Dough ton. 

Q. M’hat is your age?—A. Twenty-four. 

Q. Did you make a tax return for 1919?—A. I did in Concord, N. C.; not here. 
Q. Did you pay it?—A. I <lid. 

Q. Concord, N. C., did you say?—A. Yes. 

Q. How long did you say yo\i lived in Mooresville?—A. Off and on for three- 
years. 

Q. When did you return from (.'oiicord to ^Mooresville?—A. I believe it was in 
August. 

Q. 1920?—A. Yes. 

Q. W'hat did you say your age was?—A. Twenty-four. 

0. Did you pay your poll tax for the year 1919 on or before May 1, 1920?— 
A. Well, I lost my receipt; I am not sure. 

Cross-examination by Mr. Lewis : ^ 

O. You say you liave your receipt?—A. I said I lost it. 

(F Mere you in the Army?—A. No. 

Q. What is your best imi»ression as to when your tax was i>aid?—-A. Along in 
May some time. 

C>. May or Ajuil?^—^A. Yes, 

iMr, W. E. T()UUEN('E testitied as follows: 

Direct examinati(m by Mi\ P. P. Dulin : 

(J. Your name is W. E. Torrence?—A. Yes. 

Q. What precinct in Coddle Ci'eek do you live in?—A. One. 

O. How long have you lived there?—A. All my life—30 years. 

O. Did you vote November 2, 1920?—A. Yes. 

Q. Who did you vote for for Congress?—A. K. L. Doughton. 

Q. Wliat is your age?—A, Thirty. 

Q. I>i(i you make a tax retui-n for the year 1919?—A. Yes. 

Q. Did you i)ay your poll tax for 1919 on or before iMay 1, 1920?—A. I don't 
remember whether 1 did or not. 

Q. You have no receipt?—A. No. 

Cy Did you authorize anybody to pay it for you'?—A. No. 

:Mr. D. F. WILSON testitied as follows: 

Direct examination by iMr. 1*. P. Dulin: 

cy Y'oiii' name is D. F. IVilson?—A. Yes. 

Q. What precinct in Coddle Creek do you live in?—A. No. 1. 

O- How long have you lived there?—A. Nine years. 

Q. Did you vote Noveml)er 2, 1920?—A. Yes. 

Q. For whom did you vote for Congress?—A. K. L. Doughton. 

(F M'hat is your age?—A. Thirty-four, 
g. Did you make a tax retui-n for the year 1919?—A. Y"es. 
g. Did you pay your poll tax for 1919 on or before IMay 1, 1920?—A. Paid them 
Ai)ril 30. 

g. Who did y(»u pay it to?—A. C. V. Boyles. 

(). Did vou get your tax receipt?—A. Yes. 

g. M'as’there a poll-tax cliarge on your tax receipt?—A. Not on the one I got; 

I did not get the original receipt; 1 have the one Mr. Boyles gave me. 

g. M’ere you at the polls in C(Kldle Creek during the day?—A. No; I did not 
stay around thei*e; just went up and voted. 

Cross-examination by Mr. Lewis : 
g. .Mr. Boyles was collecting taxes for Sheriff Alexander?—A. Yes. 
g. You paid your poll tax on the day you paid him?—A. Yes. 
g. That was on April 30, 1920?—A. Yes. 

oo 


57G95—21 



338 


CAMPBKLL VS. DOUGH TON. 


IMr. ADAM WHITLEY Wstiticd as follows; 

Direct examination by IMr. P. P. Dulin : 

What is your name?—A. Adam Whitley. ] 

Q. Where do yon live?—A, IMooresville, _ _ 

Q. What precinct?—A. No. 1. j 

Q. How loiif? have yon lived there?—A. Sixteen years. 

Q. Did you vote November 2?—A. Yes. ; 

(y For whom did you vote for Congress?—A. K. L. Doujjhton. 

(y What is your a,ae?—A. Thirty. 

Did you make a tax return for the year 1910?—A. Y^es. 

(). Did you pay your poll tax for 1919 on or before May 1, 1020?—A. No. 

I 

Mr. W. E. WEST testihed as follows: I 

Direct examination by IVIr. P. P. Dulin : 

Q. Your name is W. E. West?—A. Yes. 

Q. Where do you live—what lu’eciiict in Doddle Creek Township?—A. No. 1. 

Q. How long have you lived there?—A. Six years. 

Q. Did you vote in the election, November 2?—A. Yes. 

Q. For whom did you vote for Congress?—A. K. L. Doughton. 

(}. What is your age?—A. Forty-six. 

Q. Did you make a tax return for the year 1919?—A. Yes. 

(}. Did you pay your j)oll tax for the vear 1919 on <u- before Mav 1?—A. 
Y>s. 

Q. What date did you pay it on?—A. I am not sure about the date; I have 
the ticket here somewhere; it was some time in IMarch. 

Q. All you know about it is the date on your ticket?—A. There is not a 
plain date on the ticket. March, something. 

Q. Have you any dependable recollection as to when it was paid?—A. No. 

Cross-examination by Mr. Lewis : 

Q. Y^ou know you paid it before Ylay 1?—A. Y'es, sir. 

(y Minister of the Gospel, are you not?—A. Yes, 

Mr, W. SUMMERS testified as follows: 

Direct examination by IMr. P. P. Dulin ; 

Q. Y^our name is W. F. Summers?—A. Y"es. 

Q. Where do you live?—A. Mooresville. 

Q. What precinct?—A. Number 1. 

( i. Mo\\’ long lu-ne vou li^■ed tliere?—A. Retween six and seven years. 

Q. Have you ever lived out of tlie precinct during that time?—A. No. 

(>. ' >id you vote in the election. Slovember 2, 1920?—A. Yes. 

Q. For whom did jmu vote for Congress?—A. Campbell. 

Q. What is your age?—A, Twenty-eight. 

Q. Did you pay your poll tax for 1919 on or before IMay 1. 1920?—A. Yes, 
Cross-examination by Mr. IjEwis : 

Q, IMr. Summers, you voted a straight Republican ticket?—A. Y"es. 

Q. They summoned you up here for the nonpayment of i)oll tax?—A. Y"es. 

Q. Did you hear of this agreement by your party and the Democratic Party 
for nonchallenging on the payment of poll tax?—A. I heard some talk of it. 

• i). It was generally understood all over the community?—A. Yes. 

Q. Have you your tax receipt?—A. No; I lost mine, 

Q. YTni paid in Coddle Creek Township?—A. Y"es. 

(Contestee reads into the record: Summers, W. F., No. 1200. tlie amount of 
the personal property, $513; poll tax, $3.75; property tax, $0.67; total, $10.42; 
showing he paid a flat rate. Stamped paid December 19, 1919.) 

Redirect examination: 

Q. Where do you work?—A. Mooresville cotton mill. 

Q. Were you about the precinct that day?—A. Only long enough to vote. 

Q. Did you see siny circulars, purporting to give the family tree of Harding, 
around the mill?—A. No. 

Q. Were they talked?—A. I heard some talk of it. 

Q. Did you see a picture of IMr. Harding circulated?—A. No; I did not. 



CAMPBELL YS. DOUCMTOX. 


339 


T)r. S. A, RHINE tostitied as follows: 

Direct examination by Mr. P. P. Dulin: 

Q. Your name is Dr. S. A. Rhine?—A. Yes. f 

\\ here do you live?—A. Mooresville. 

Q. What precinct?—A. Number 2. 

Q. How long have you lived in No. 2 precinct?—A. About two years; a little 

Q. Have you lived in the State two years?—A. No. 

Q. Where did you move from to the^ State of North Carolina?—A. I was in 
the Army three years, and came from Virginia. 

Q. You enlisted from the State of Virginia?—A. Yes. 

How long had you been in the State up to November 2, 1920?—A About 
18 months. 

(}. Who registered yon?—A. Mr. Rrawley. 

Did he administer an oath?—A. Yes. 

(}. Did he tell you the (lualitications?—A. Yes. 

Q. Did he tell you you would have to be in the State two years before vou 
could vote legally in North (Carolina?—A. No. 

(}. If he had told you that you would not have registered, would ..vou?—A. No; 
and if he had told me I could not vote I would not. 

Q. Did you vote in the November election in .your precinct?—A. Yes. 

Q. For whom did you vote for Congress?—A. R. L. Doughton. 

Q. What is your age?—A. Twenty-nine. 

Q. Did you ])ay a poll tax?—A. No; I was in the Armv and discharged Mav 
II, 1919. 

Cross-examination by Mr. Lewis : 

i}. You were in the T'nited States Arm.v how many years?—A. From Septem¬ 
ber, 1917. 

Q. Next place after you got out of the Army you took up your residence was 
North Carolina?—A. Yes. 

Q. While you were in North Carolina those thi-ee years you intended to make 
this your residence?—A. I had that intention. 

Q. And that was your legal residence?—A. Yes; my wife lived in North (Caro¬ 
lina while I was gone. She came to North Carolina to stay until 1 came back. 

Q. She was living here while vou were gone and this was vour home?—A. 
Yes. 

(X When were you discharged from the Army?—A. May 11, 1919. 

Q. Did you understand that the county commissioners exempted you from 
the pa.yment of poll tax?—A. Yes. 


Redirect examination : 

Q. You have your certiticate of exemption?—A. No; I was under the impres¬ 
sion that we would not have to have certificates. 

Q. Did the county commissioners give you si ceitihcate?—A. No. 


Recross-exaniination : 

(I. I helieve you testified you were a soldier hoy?—A. Yes. 

l" wish fo read this into the record: Contestee. R. L. Doughton, through his 
counsel, again renews his oh.iection to the challenging of votes of soldiers and 
sailors on account of the nonpayment of i)oll tax in view of the order of the 
board of county commissioners of Iredell County in common with a number of 
other counties in the eighth congressional district of North C’arolina in exempt¬ 
ing soldiers and sailors of the World War from the payment of poll tax, and in 
view of the further fact that a solemn agreement was entered into and existed 
in writing, as shown l)y the uncontradicted testimony as taken in this case in 
Iredell County between and on the part of the responsil)le leaders of the re- 
si)ective parties, to wit, the Democratic and Republican Parties, that no voters 
were to be challenged for the nonpayment of his poll tax and that no advantage 
would be taken of the fact that any one voting without having paid his poll tax 

as provided by law. . . • 

The contestee, R. L. Doughton, further hereby protests against the challenging 

of anv soldiers’or sailors of the recent World War in Iredell County for the 
reason that all such voters were duly exempted from the payment of poll tax 
bv ’the board of countv commissioners of Iredell County, which manner of 
exemption of the poyinent of poll tax was duly respected and i-ecognized B 
Sfudv County wlien tlie attorneys tor the contestant, Fir. James I. Campbell. 


340 


(’AMrBKLL A’S. DOrCi'I-lTON. 


read into the recoi-d in this iavc'Sti.iratieii in S'anly ('ouiity tiait they, the con¬ 
testant, did not propose and intcMid tc* <'l)allenye the vote of soldiers and sailors 
of th(' AN’orld War in view of tlu' nction of the hoai’d of county commissioners of 
Stanly (’oniity in the exemi)tion of snch ^■oters. 

(’ontestant. ilironah his counsel, dltjects to the foi eyoinii' for the reasons that 
so far as testimony is coiu'erm'd in Iredell ('onnty there has lu'en no evidence to 
show that I)]', ('anii)hell was i»a)'ty to any snch agreement :ind further for the 
reason tlnit any exem))tion made hy the county commissioiH'rs of Iianlell Comity 
or other counties w(M-e ille.Lml u.nd contrary to the constitution of Noidh Cjiro- 
lina. Further, for the louson if this iirotest is a])p!ic;d)l(* in Stanly ('onnty. it 
should have been made in Stanly Founty and should appear in Stanly County’s 
records. 

Mr. K. A. FATKCHTLD testified as follows: . 

Dii’ect examiimtion hy ]\!r. I*. F. Drm.x : 

(>. Vonr name is R. A. Fairchild?—A. Yes. 

(}. Where do you live?—A. IMooresville. 

(). AVhat pi’ccinct?—A. Xo. 1. 

O. How lone: have von livca] Ihei'e?—A. I came tiu're Fehrnarv 28 oi- Mai'ch 1, 
1020. 

Q. Where had yon been?—A. Cleveland County. 

(). Yon came back on what day?—A. Twenty-eiahth day of Fel)rnary. 1920. 

(>. Had yon been in the State of North Carolina two years?—A. Thiidy-six 
years last May. Q. Did yon vote in the election?—.\. I did. 

Q. Foi’ whom <lid yon vote for Congress?—A. R. T.,. Donjrhton. 

Q. AYhat is yonr a,ae?—A. Thirty-six. 

Q. Did yon make a tax I’etnrn foi’ the year 1919?—A. T did in Caston County. 

Q- Did yon pay yoni- ])oll tax on oi* l»efoi'e ^May 1, 1920. for the year 1919?— 
A. I did not. 

Q. Did yon cast an absentee vote on eh'ction day?—A. XW. 

IMr. E. E. GRAY testified as follows: 

Direct examination hy IMr. P. P. Dt'ltx : 

Q. Yonr name is E. E. Gray?—A. Yes. 

Q. Where do yon live?—A. T am livin.u: in Rowan now; moved there last week. 

Q. What precinct did yon live in in Coddle Creek?—A. No. 1. 

Q. How lonj; had yon lived in No. 1 prior to the election?—A. Three years. 

Q. Did yon vote in the election?—A. Yes. 

Q. Who for Conscress?—A. R. T^. Don.uhton. 

Q. What is yonr af;e?—A. Thirty-seven. 

Q. Did yon make a tax return for the year 1919?—A. No. 

Q. Pay yonr poll tax?—A. No; T am exempt from all State and county taxes. 

Q. Have yon yonr certificate?—A. Yes. 

Q. Let me see it?—A. T don’t have it Avith me. 

Q. Who made it for yon?—A. Senator Overman had it fixed for me. 

Cross-examination by Mr. Lewis : 

Q. What ground did yon get yoni- certiticate on?—A. I have epileptic trouble. 

Redirect examination : 

<). l\'here was this certiticat^ of exomi)ti»>n mmle?—A. Madt^ in the State of 
North Carolina. 

Q. What date?—A. T was 21 years old ; T am 37 now. 

Q. Yon do not knoAV whether that has been revoked or not? —A. T do not. 

Q. What do yon follow?—A. I am on the farm now. 

Q. Are yon able to do ordinary work out on the farm?—A. Not all the time; 
part of the time I am. 

Q. Did yon farm last year?—A. X^o; T was in IMooresville last year. 

Q. What did yon work at last year?—A. Graded school building there. 

Q. In what capacity?—A. I was making mortar. 

Q. What did yon get per day for yonr tvork?—A. ,$4. 

Q. Pretty good salary?—A. Yes. 

Recross-examination: 

Q. Since yon have been exempted by the commissioners of Rowan County 
have yon ever paid any poll tax?—A. No. 


CAMPBELL VS. DOUGHTON. 341 

Q. T.licit liAS not 1)0011 r 0 vok 0 (l jis you know of?—-A. Xovor 110110 110011 0 li<ir'’’ 0 ii 
against 1110 . 

R0(Ur0Ct 0xamination : 

Q. You iioyor woro oxoinpted liy the coniiiLssioners of Irodell County?—A. 
No; it was sign 0 d by tli 0 Govonior of North Carolina, and I thought 110 had it 
ov 0 r th 0 county. 

Il0CToss-0xaniination: 

Q. You wore exeiiitped in Rowan?—A. Yes, 

Q. While you was in Salisbury?—A. Y^es. 

Redirect examination.: 

Q. And the exemption papers you have are signed by the Governor of North 
Carolina?—A. That is what Senator Overman said. 

Mr. B. A. JOHNSON testified as follows: 

Direct examination by Mr. P. P. Dulin : 

Q. Your name is B. A. Johnson?—A. Yes, sir. 

Q. Where do you live?—A. Mooresville. 

Q. How long have you lived there?—A. All my life. 

Q. What precinct do you live in?—A. One. 

tj. Had you lived in the State of North ('aroliua two years prior to the elec¬ 
tion November 2?—A. Y^es, sir. 

Q, What precinct did you live in?—A. One. 

(y How long had you lived in that pi’ior to the election?—A. All my life. 

(,). Did you vote in the election November 2?—A. Y"es. 

(]. What is your age?—A. Twenty-tive. 

(4 Who did you vote for Congress?—A. D(!Ughton. 

Q. Did you make a tax return for the year 1919?—A. Yes. 

(), Did you jiay your poll tax for 1919 on or before May 1. 1920?^—A. I sup¬ 
pose so; I paid State and county taxes and guess the i»oll was included. 

Q. Have you a tax receipt?—A. No. 

(,>. What become of it?—A. It is at home, I supi) 0 se. 

What date did you iiay it?—A. .launary, 1920. 

(}. Who did you i)ay it to?—-A. Mr. M. P. Alexander. 

Ci‘os.s-exannnation by Mr. I.ewis : 

D. You paid your poll tax on or before May 1?—A, I suppose .so I paid my 
State and county taxes. 

When you made youi- retuiai you returned your poll tax?—A. Yes. 


Dr. S. FRONTICE testified as follows: 

Direct examination by Mr. P. 1’. Dulin : 

(]. Y"our name is Dr. S. Frontice?—A. Yes. 

(J. Where do you live?—A. Mooresville, Coddle Creek, precinct No. 2. 

(). How long iiave you lived in precinct 2?—A. Forty-seven years. 

(}. Did you vote in the November 2 election?—A. Y"es. 

(}. For whom did you vote for Congre.ss?—A. R. L. Doughton. 

(y You are 47 years old?—A. No; I am oO. 

Q. Did you make a tax return for 1919?—A. Y^es. 

Did you pay your poll tax for 1919 on or before INIay 1, 1920?—A. Y^s. 

(}. What date did you pay it?—A. April 20. 

(J. Did you pay it with check?—A. Yes. 

Q. Have you your check with you?—A. No; I have a receipt. 

Q. Have you an imlependent recollection of paying it the date on the re- 

^. 0 ipt?_A. Yes; I paid my own tax and my mother’s tax with the same check. 

(4 Do vou remember now the date of your check?—A. No; I do not. 


:mi 


Q. 

Q. 

Q. 

Q. 

Q. 


. CLAITIE BROWN testified as follows: 

Direct exandnation by INlr. P. P. Duj.in : 

Y'our name is (’iainle Brown?—A. Yes. 

Where do you live, IMr. Bi’own?—A. Coddle (h-eek Township. 
M’hat precinct?—A. No. 2. 

How long have you lived there?—A. Eigliteen months. 

How long in the Stati*’?—A. All my life. 


342 


C’AMPBELL VS. DOUGHTON. 


Q. For whom did yon vote for Congress?—A. Campbell. 

Q. A\’hat is your ajie?—A. Twenty-two. 

ii. When weiv you 22?—A. Twentv-third day of last June. 

(,). 1920?—A. Yes. 

('ross-examination by Mr. T.?:wis : 

(J. Yon were 21 in June, 1919?—A. Yes. 

:Mr. W. W. BRADLEY testified as follows: 

Direct examination by Mr. P. P. Dulin : 
i}. Yonr name is W. W. Brawley?—A. No; W. W, Bradley. . 

Q. Where do you live?—A. Thi-ee miles this side of Mooresville, precinct 2, 
Co(ldle Creek Township. 

Q. How lonj; have yon lived in No. 2?—A. Over 47 years. 

(L Did yon vote in the November 2 election?—A. I’^es. 

Who did yon vote for for (’oiijrress?—A. R. L. DonjL?hton. 

Q. Yonr a^e is 47?—A. Yes. 

Q. Did yon make a tax retnim for 1919?—A. Yes. 

Q. Did yon i)ay yonr poll tax for 1919 on or before May 1, 1920?—A. Y^es. 

Q. ^^'hat date did yon pay it?—A. February 21, 1920. 

Q. Did yon pay it by check or cash?—A. Cash. 

(]. Do yon remember distinctly that yon did pay it on that date?—A. Y^es. 

Q. AVho did yon ])ay it to?—A. Sheriff Alexander. 

Rb City of Statesville?—A. No; IMooresville. 

Ml-. J. E. CHESTER testitied as follows: 

Direct examination by Mr. P. P. Dultx : 

Y’oiir name is J. E. Chester?—A. Yes. 

Q. Where do yon live, Mr. Chester?—A. Live in Coddle (’reek Township, 
precinct 1. 

(L How lonjr have yon lived there?—A. About 15 months. » 

i]. Where did yon move from to precinct 1?—A. Davidson. 

Q. How loiKU'(lid yon live in Davidson Township?—A. Ten years. 
i}. Did yon vote November 2, 1920?—Y"es. 

(L For whom did yon vote for Conj>ress?—R. L. Donjihton. 

(}. ^^’hat is yonr a^e?—A. Twenty-six. 

(L Did yon make a tax return for the year 1919?—A. Y^es. 

Q. Did yon jiay yonr poll tax for 1919 on or before ]May 1, 1920?—A. Yes. 

(^. Have yon yonr tax i-eceipt?—A. Yes. 

(L What is the date yon paid it?—A. December 11, it looks like; can see De¬ 
cember, but can’t see the date. 

(}. What year?—A. 1919. 

(L Do yon remember, independent of yonr tax receipt, what day yon paid yonr 
taxes?—A. December 11. 

( ’ross-examination by Mr. Lp:wis : 

(}. How lon.ii' did yon say yon had been livinit in Coddle Creek Township?—A. 
Fifteen months. 

(}. Yon rejristered over there?—A. Y>s. 

Redirect examination : 

(L Who did yon register before?—A. I don’t mind now. 

(}. Did he administer an oath to yon?—A. Yes; I don’t know the man who reg¬ 
istered me; it was the first time I ever voted. 

(). Where did yon register?—A. Mooresville. 

Q. What i)lace in Mooresville?—A. Up there about the old Brawley stand. 
i}. M'hat date did you register on?—A. I don’t mind. 

Q. You don't know when yon registered’?—A. I don’t mind the date. 

Recross-examination ; 

Q. Yon registered during the required registration period, while the books 
were oi)en‘?—A. Yes. 

Redirect examination : 

Q. Did yon i-egister on Saturday?—A. I don’t mind what the date was, but 
registered at the right time. 


(’AMPBELL VS. DOUGHTON, 


34a 


]Mi’. K. AI. DKATOX testilied as follows: 

1 >irect exainiiiatiori by Mr. P. P. Dulin : 

Q. Your name is K. M. Deaton?—A. Yes. 

Q. Wbei'e do you live, Atr, Deaton?—A. Mooresville, ward 2. 

(>. How lonjr have you lived in wai'd 2?—A. Twenty years. 

Q. Did you vote in the last election, November 2?—A. Yes. 

Q. whom did you vote for ('on^ress?—A. Hon. U. T.. I)oujj:hton. 

Q. What is your a?:e?—A. Thirty. 

Q. Did you i)ay your poll tax for 1919 on or before May 1, 1920?—A. Yes. 

Q. What date did you i>ay it?—A. December 10, 1919. 

Q. Did .vou ])ay it with check?—A. Yes. 

Q. Have you your check with you?—A. Yes. 

rross-examination by INIr. Lewis: 

Q. You came in to see ^Ir. Dulin and told him you had paid your taxes?— 
A. Yes. 

(}. He asked y«m to jxet yoiii* chec'k and receipt?—A. Yes. 
i). Have ) (>n youi- (‘heck and recei])t?—A. Yes. 

]\rr. I.EWis (readiiij;) : “(Mieck No. 8; IMooivsville. N. (\. December IG. 1919: 
First National Rank, pay to the order of M. P. Alexander $3.75 (three dollars 
and seventy-tive cents) for 1919 taxes: siirned. ‘ K. M. Deaton’; stam})ed, ‘Paid 
by the bank of ^Mooresville December 19, 1919 ’: indorsed by ‘ iM. P. Alexander, 
sheriff of Iredell (’ountyshows on the back thereof deiK)sited in the Commer¬ 
cial National P>ank December 18, 1919, and went throujih the Merchants & 
Farmers’ Bank of IMooresville December 19, 1919. 

“ Tax receipt No. 327: Coddle Creek Township, Iredell County; received of 
K. AI, Deaton taxes for 1919 as follows: Polls, $3.75; total tax, $3.75; .stamped. 
‘Paid T>ei‘ember IG. 1919.—M. P. Alexander, shei’iff of Iredell (‘ounty.’” 

Q. This is the check you i)aid those taxes with?—A. Yes. 

Q. That is the tax receii)t jriven you?—A. Yes. 

Redirect examination : 

Q. You never did brin;;; up the check?—A. Not until to-day. 

Q. I told you if you would brinj; up the check I would excuse you.—A. Yes; 
but I did not j;et back until to-da.v. 

Mr. R. F. DENNING te.stified as follows: 

Direct examination by Mr. P. P. Dttlin : 

Q. Your name is R. F. Demiin,ir?—A. Yes. 

Q. Where do ,vou live?—A. Mooresville. 

(}. What precinct?—A. No. 2. 

Q. How lonj; have you lived in No. 2?—A. Thirty years. 

Q. Did you vote in the last election. November 2, 1920?—A. Yes. 

Q. For w’hom did you vote for Conjiress?—A. R. L. Doujihton. 

Q. What is your a.se?—A. Thirty. 

Q. Did you make a tax return for the year 1919?—A. Y"es. 

Q. Did you ])a.v youi* poll tax for 1919 on or before May 1, 1920?—A. Y"es. 

Q. Have you a I'eceipt?—A. Yes. 

Q. What is the date of your iweipt?—A. April 24, 1920. 

Q, Do you remember payin;^ it independent of your receipt on that date?—A. 
Yes. 

Q. Who did .vou i)ay it to?—A. iMr. Alexander’s stenop;rapher, or clerk, wdiat- 
ever you call her. 

Q. In the office of the courthouse?—A. Yes. 

r’ross-examination b.v Mr. Lew is : 

(.>. She stamiied the i-eceipt paid the day you sot it?—A. Yes. 

Mr. EUGENE D. FINK testified as followxs: 

Direct examination by Mr. P. P. Dulin: 

Q. Your name is Plus^^ia' D. Fink?—A. Yes. 

Q. Where do you live?—A. IMoore.sville. 

Q. How Ions have you liv(‘d in Mooresville?—A. July, 1919. 

Q. What precinct .vou live in?—A. No. 2. 


344 


(’AMPBKLL yS. DOUGHTON. 


Q. Where did you move from to preeinet 2?—A. (’ahurrus C\)uuty. Concord. 
Q. How loiii; have yon lived in ('ahai’rns County V—A. All my life. 

Q. Did yon vote Xovemher 2, 1920?—A. Yes. 

Q. For whom did yon vote for C'oiijrressV—A. K. L. Donjihton. 

Q. r)id yon make a tax return for ]919V—.V. Yes: in Caharrns County. 

Q. Did yon pay your poll tax for 1919 on or before Way 1, 1920?—A. Xh). 

Cross-examination hy Wr. Lewis : 

Q. When did yon move from (’aharrns to Iredell V—A. July, 1919. 

(}. Did yon nndeistaml that the Democratic Party, thron.t;h its ch.airman, and 
the Repnhlican Pai-ty, thronjth its chairman, had entered into an ajtreement to 
not challenjje?—A. Yes. 

Q. Did yon also understand that all soldiers were exempt from the payment 
of poll tax?—A. Yes. 

Q. Is that tin* reason yon voted?—A. Yes. 

INIr. FRED IM. FIET.DS testified as follows: 

Direct examination hy Mr, P. P. Di'i.ix: 

Q. Your name is Fred M. Fields?—A. Yes. 

Q. Where do yon live, Mr. Fields?—A. Mooresville. 

(^. What precinct?—A. No. 2. 

Q. How lons^ have yon lived there?—Five years. 

Q. Did yon vote in the X'ovemher election?—A. Yes. 

Q. For whom did yon vote for (’oiifiress?—A. R. I.. Donji'hton. 

(}. What is your a.ue?—A. Twenty-six. 

Q. Did yon make a tax return for the year 1919?—A. No. 

‘ (j. Did yon pay yonr lioll tax for 1919 on or before May 1. 1920?—A. Xh). 

Cross-examination l)y Mr, Lewis: 

Q. Yon were a soldier in the Army and was not here at tax-returning time?— 
A. No. 

Q. Say yon have lived in Mooresville all yonr life?—A. Yes: horn and reared 
there. 

]\[r. W. G. GOODMAN testified as follows: 

Direct examination hy Mr. P. P. Dui.ix : 

Q. Yonr name is W. G. Goodman?—A. Yes. 

(}. Where do yon live?—A. Mooresville. 

(}. What precinct?—A. X^o. 2. 

(L How long have yon l)een living there?—A. Eighteen months. 

Q. Where did yon move from to yonr present location?—A. No. 1. 

Q. How long have yon lived in No. 1?—A. All my life. 
i}. Did yon vote November 2?—A. Yes. 

Q. For whom did yon vote for Congress?—-A. R. L. Donghton. 

Q. M'hat is yonr age?—A. Forty-two, 

Q. Did yon make a tax return for the year 1919?—No. 

Q, Did yon pay yonr poll tax for 1919 on or before ]May 1, 1920?—A. No.; I’m 
exempted. 

Q. Have yon yonr certificate for exemption?—A. X’o. 

Q. Did the hoai’d of commissioners of Iredell County exempt yon?—A. Y^es. 

Q, When?—A. About 18 years ago. 

Q. What do yon do now?—A. Work in a grocery store at jiresent. 

Q. What salary do yon make?—A. .$00 per month. 

Q. Do yon work regularly?—Tolerably. 

Q. Yon make straight time, do yon?—A. Yes. 

Q. Do yon know whether that order has ever been revoked?—A. No. 

Cross-examination hy Mr. laowis: 

Q, Yon have not paid any poll tax since, have yon?—A. No. 

Q. Why did the commissioners exemj^t yon?—A. (’i-ippled arm. 

Q. Still crippled?—A. Y"es. 

Redirect examination : 

Q. Did they exempt yon on account of poverty and infirmity?—A. Crippled 
arm. 


CAMPBELL VS. DOUGHTON. 


345 


Mr. .1. P. MILLS, .Ik., testitied as follows: 

' J >irect oxaniinatiou by ]Mr. 1\ P. Dulin : 

(p Your name is .1. P. Mills, jr.V—A. Yes. 

Q. Where do you live?—A. Mooresville. 

(,). ^\'llat i)recinerV—A. No. 2. 

(p How lon.s have you lived there?—A. Twenty-six years. 

(p I)id you vote in the Xovemher election?—A. Yes. 

(). Who for Congress?—A. .Mr. Houghton. 

(p What is your a,ire?—A. Twenty-six. 

(}. Hid you make a tax i-eturn for the year 1919?—A. Yes. 

(2- Hid you jtay your ]inll tax on or before May 1, 1920?—A. Xo. 

(T-oss-examination by Mr. Lkwis : 

(p Were you a soldim' in the Pnited States Army?—A. Yes. 

(J. That is the reason you did not pay your poll tax?—A. Yes. 

(>. You were exempt by the coimmssioners?—A. Yes. 

Kedii'ect examination : 

(p Have you a certiticatt* of exemption from the commissioners?— A. X'o. 

^Ir. HEXlvY A. MILLS t»‘stitied as follows: 

Hirect examination by IMr. 1*. P. Hulix : 

(P Your name is Henry A. Mills?—A. Yes. 

(p What precinct do you live in?—A. Two. 

Q. How lonit have you lived there?—A. Twenty-two and one-half years. 

(i. Hi<l you vote Xovemher 2, 1920?—A. Yes. 

Q. Who for Congress?—A. U. L. Houghton. 

(p AVhen were you 21?—A. August 0, 1919. 

(p You made no tax return foi‘ 1919?—^A. No. 

(p Hid not pay any poll tax?—A. No. 

(T'oss-exaniination by IMr. Lewis: 

(p You were too young to make a tax return?—A. Yes. 

Mr. .lOK A. IMcNEELY testilied as follows: 

Hirect examination h.v i\Ir. P. P. Hulin : 

Q. Your name is .Toe A. McNeely?—A. Yes. 

(p M'hat precinct do you live in?—A. Two. 

(p How long have you lived there?—A. Twenty-live years. 

(p Hid you vote in the November 2, election?—A. Yes. 

(}. For 'whom did you vote for Congress?—A. II. I.. Houghton. 

Q. What is your age?—A. Fifty. 

(p Hid you make a tax I’eturn for 1919?—A. Yes. 

CP Hid you pay your i)oll lax on or before May 1, 1920?—A. No. I am 
exemjit. 

(p Have you your certificate of exemiition?—-A. Yes. 

(P This certili(‘ate is dated March 7, 1904 is it not?—A. Yes. 

Q. Ho you know whethei- or not that has ever been revoked?—A. No: it 
has not. 

(P M’hy were .vou given exenpition?—A. I like to have died with rheumatism. 
CP Are* you still suffei'ing with it?—A. I have got so I can get about for the 
last year. 

Q. What kind of work do you do?—A. Sharpen handsaws, and things like 
that. 

Q. AVhat do yon make?—A. Some weeks I don't make anything, because I am 
not able to work. 

Q. About what is the average?—A. Not much; don’t guess it is as much as 
$20 a week. 

Cross-examination by iMr. Lewis : 

Q. “Statesville, N. C., iMarch 7, 1904; commissioners’ court orders that 
.Tames A. McNeely be and is hereby exempted from the payment of poll tax 
until revoked by the board.— Signed, IM. B. Mills, chairman.’’ Every year when 
you make your return your i)oll tax is marked off?—A. Yes. 


346 


(\4MPBELL VS. DOUGHTOX. 


Mr. T, K. McNEELY testified as follows: 

Direct examination by ^Ir. P. P. Dulin : 

Q. Yoiir name is T. K. McNeely?—A. Yes. 

Q. What precinct do yon live in in Coddle Creek?—A. No. 2. 

Q. How long have yon lived there?—A. Twenty-two years. 

Q. Did yon vote on November 2, 1920?—A. Yes. 

Q. For whom did yon vote for Congress?—A. R. L. Donghton. 

Q. How old are yon?—A. Twenty-two. 

Q. When were yon 22?—A. .Inne 30, 1920. 

Q. Did yon make a tax retniai for tlie year 1919?—A. No. 

Q. Did yon pay yoni* poll tax on or before May 1, 1920?—A. No. 

Cross-examination hy Mr. Turner : 

Q. Yon were 21 .Tune 30, 1919?—A. Y'es. 

Q. Y’on were too yonng to make a tax return?—A. Yes. 

]Mr. R. E. McLAIN testified as follows: 

Direct examination by IMr. P. P. Dulin : 

Q. Yonr name is R. L. McLain?—A. Y>s, sir. 

Q. Where do yon live?—A. IMooresville. 

Q. AVhat precinct?—A. No. 2. 

Q. How long have yon lived there?—A. About six years. 

Q. Did yon vote November 2, 1920?—A. Yes. 

Q. For whom did yon vote for Congress?—A. R. L. Donghton. 

Q. What is yonr age?—A. Thirty-four. 

Q. Did yon make yonr tax return for 1919?—A. Yes. 

Q. Did yon pay yonr poll tax on or before May 1, 1920, for the year 1919?— 
A. Paid it in .Time. 

Mr. .T. S. MACKEY testified as follows: 

Direct examination by INIr. P. P. Dulin : 

Q. Yhnir name is .1. S. Mackey?—A. Yes. 

(}. Where do yon live?—A. Mooresville. 

Q. What precinct?—A. No, 2. 

Q. How long have yon lived in No. 2?—A, Seven years. 

Q. Did yon vote in the November 2 election?—A. Y’^es. 

Q. For whom did yon vote for Congress?—A. R. L, Donghton, 

(L What is yonr age?—A. Thirty-one. 

Q. Did yon make a tax return for 1919?—A. No. 

Q, Did yon pav yonr poll tax for the vear 1919 on or before ^lay 1, 1920?— 
A. No. 


Cross-examination by Mr. Lewis: 

Q, Were yon in the Army?—A, Yes. 

Q. Yon were not here at tax-retnrning time?—A. No. 

Q. Still in the service?—A. Y^es. 

]Mr. .1. S. NESKPrH testified as follows: 

Direct examination by Mr. P. P. Dulin : 

Q. Yonr name is J, S. Nesbith?—A. Yes. 

Q. What precinct do yon live in in the city of ]Mooresville?—A, No. 2. 

Q. How long have yon lived there?—A. Over a year. 

Q. Where did yon move from to yonr present residence?—A. Winston-Salem. 
Q. When did yon move to INIooresville—what date last year?—A. February 22. 
Q. Did yon vote in the November 2 election?—A. Yes. 

Q. How long have yon lived in the State?—A. All my life. 

Q. Did you vote for R. L. Donghton for Congress?—A. Yes. 

Q. What is yonr age?—A. Twenty-six the last day of this month, 

Q. Did yon make a tax return?—A. No. 

Q. Pay yonr poll tax for 1919 on or before IMay 1, 1920?—A. No. 

Cross-examination by Mr. Lewis : 

Q. Ton were a soldier in the United States Army?—A. Yes. 

Q. When were yon discharged from the Army?—A. .June 20, 1919. 

Q. Were you in France and Germany?—A. Yes. 


('A.AIPBELL VS. DOUGHTON. 


347 


Mr. L, M. ROGERS testified as follows: 

Direct examination by Mr. P. P. Dulin : 

Q. Your name is L. M. Rogers?—A. Yes. 

Q. Where do you live?—A. Mooresville. 

Q. What precinct?—A. No. 2. 

Q. How long have you lived there?—A. About five years. 

Q. Did you vote November 2?—A. Yes. 

Q. For whom did you vote for (Congress ?—A. Mr. Robt. L. Doughton. 

Q. What is your age?—A. Twenty-four. 

Q. Did you make a tax return for the year 3919?—A. No; I was in the Arniv. 
Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. No. 

Cross-examination by IMr. Lewis : 

\ oil were a soldier in the Pnited States Army?—A. Yes. 

Q. M'hen were you discharged from the Army?—A. .Tune 19, 1919. 

Q. Were you in France?—A. Yes. 

Mr. A. B. SEIN testified as follows: 

Direct examination by Mr. P. P. Dixin : 

Q. Y’^our name is A. K. Sein?—A. Yes. 

Q. Where do you live?—A. Coddle Ci’eek Township, No. 2. 

Q. How long have you lived there?—A. A year and seven days to-day. 

Q. Where did you move from?—A. Coolemee, Davie County. 

Q. Did you vote in the November 2 election?—A. Yes; I did. 

Q. Who did you vote for Congress?—A. R. L. Doughton. 

Q. What is your age?—A. Twenty-nine. 

Q. Did you make a tax return for 1919?—A. I did. 

Q, Did you pay your poll tax for 1919 on or before May 1, 1920?—A. I did. 

Q. What date did you pay it on?—A. October 29, 1919. 

Q. Have you your tax receipt?—A. Y^'es. 

Q. Do you live in .Terusalem Township over there?—A. I did in Coolemee 
precinct. 

Q. When did you leave Davie County?—A. March 3, 1920. 

Q. Did you pay this before you left?—A. I paid him the money in the 
Coolemee drug store. 

Cross-examination by Mr. Lewis ; 

Q. Y^ou paid him the money and paid it yourself?—A. Y"es. 

Q. And on the date stamped on it?—A. Yes. 


Mr. W. L. SLOOP testified as follows: 

Direct examination by Mr. P. P. Dulin: 

Q. Y^our name is W. I... Sloop?—A. Yes. 

Q. Where do you live, Mr. Sloop?—A. :Mooresville. 

Q. How long have you been living in Mooresville?—A. Twelve years. 

Q. What precinct?—A. No. 2. 

Q. How long have .vou lived there?—A. Twelve years. 

(^. Did you vote on November 2?—A. Y^es. 

Q. Vote for Hon. R. L. Doughton?—A. Y'es. 

Q. What is your age?—A. Twenty-eight. 

Q. Did you pay your poll tax for 1919 on or before May 1. 1920?—A. Yes; 
December 31. 


Ylr. MACK K. :\rELCHOR testified as follows: 


Direct examination by Mr. P. P. Dulin: 

Q. What is your name?—A. :Mack Tv. Melchor. 

Q. Where do you live?—A. Moore.sville. 

Q. What precinct?—A. No. 2. 

Q. Did you vote November 2, 1920?—A. Yes. 

Q. Did you vote for R. Doughton?—A. Yes. 

Q. What is your age?—A. Thirty. 

Q. Did you pay your poll tax on or before May 1, 1920, for the year 
A. No. 


1919?— 


348 


('AMPBKLL VS. DOUGHTOX. 


Cross-exaniiimtioii by Mr. Lewis : 

Q. You were a soldier in the United Stntes ArinyV—A. Yes. 

Q. When were you diseliarcred?—A. December 24. 1919. 

Q. You were not boine until nenrlv a year after taxes bad l)een returned?— 
A. Yes. 

Q. Were you in France?—A. Xo. 

Q. Did Mr. (’arbey see yon yestei'day?—A. Day ])efoi‘e yesterday. 

Q. Did he tell you to not come up bore?—A. Yes. 

Q. He told several people to not come up here?—A. Yes. 

Q. He is a Republican, is he not?—A. I think so. 

Q. I believe he told Mr. .1. M. Oavett not to come?*—A. That is what they 
told me. 

Mr. H. C. BROWN testified as follows: 

Direct examination by Mr. P. P. Dultn : 

Q. Your name is H. C. Brown?—A. Y^es. 

Q. Where do you live?—A. Davidson Township. 

Q. How long have you lived there?—A. About five years. 

Q. Did you vote November 2?—A. Yes. 

Q. For whom did you vote for Congress?—A. Straight Republican ticket. 

Q. What is your age?—A. Twenty-two. 

Q. When were you 21?—A. Sei)temb(‘r 12. 1919. 

Cross-examination by Mr. Tuunkr : 

(J. Did yon vote for Campbell?—A. Yes. 

Mr. R. G. CHRISTY testified as folbovs: 

Direct exanujiation by ]\Ir. P. P. Dulin: 

Q. YG)ur name is R. G. Christy?—A. Yes. 

Q. Where do you live?—A. Davidson Township. 

Q. How long?—A. Six years. 

Q. Did you vote on November 2. 1920?—A. Yes. 

Q. For whom did you vote for Congress?—A. R. L. Dougbton. 

(F What is your age?—A. Twenty-seven. 

Q. Did you make a tax return for the year 1919?—A. Y>s. 

(J. Did vou j>ay your ])oIl tax on oi‘ before iMav 1, 1920?—A. Yes; December 
IG, 1919. 

(). Do you ]'(‘member ]tay‘ug for it?—A. iMy father ])aid it for me; he was in 
Mooresville and i)aid it for me. 

(J. Do you liv(^ w.tb your tatlu*r?—A. Yes. 

Cross-examination by Mr. Lewis: 

(F You ba<l your fatluu- i»ay it for you?—A. Yes. 

(y Your gi\en name is Rom<‘?—A. Yes. 

^Ir. IPAYAKD .lONlOS testitii'd as follows: 

Direct examination liy iNli-. P. P. Diuax: 

(}. Your nann^ is Howard .loues?—A. Yes. 

(}. V>’bere do you live?—A. DaN'idsou Township. 

(}. How long have you been living there?^—A. All iny life, I guess. 
ii. Did you vote November 2, 1920?—A. Yes. 

(y For wboui did you vote for (’ongn'.ss?—A. R. Tj. Dougbton, 

Q. Wliat is your age?—A. Twenty-five in September. 

(^). Did you make a tax return foi’ 1919?—A. Yes. 

(}. Pay your iioll tax for 1919 on or before iMay 1, 1920?—A. Yes; November 
some time. 

<). You remember v.bat date you paid it on?—A. About the 15th, I think it 
was. 

i). Have you your tax receipts?—A. Yes. 

('i-o.ss-examination by ^Mi-. Lewis: 

Q. You know you ])aid it in November, 1919?—A. Yes. 


CAMPBELL VS. DOUGHTON. 


349 


Mr. W. M. McLAlX testitied as follows: 

Direct examination by Mr. P. 1\ Dulix : 

Q. Yoiir name is W. :m. INIcLainV—A. Yes. 

W’liere do yon liveV—A. Davidson Towiisbii). 

Q. How long- have you lived tliere?—A. About 15 months. 
ii. Where did you move from to Davidson?—A. Coddle Creek. 

(h How long have yon live<l in Coddle Creek?—A. About two years. 

(). D.d you vote on November 2?—A. Yes. 

Q. For whom did you vote for Congress?—A. R. L, Doughton. 

Q. What is your age?—A. Twenty-two. 

CJ. \\'heu were you 21?—A. June 16, 1919. 

Mr. (tEORCF M(’ljAiN testihed as follows: 

Direct examination by IMr. I*. P. Dulin : 

Q. Your name is (Jeorge McLain?—A. Yes. 

Q. Where do you live?—A. Davidson Township. 

C. How long liave you lived there?—A. Fifteen months. 

Q. How long have you lived in the State?—A. All my life. 

(F Idd you vote‘November 2, 1920?—A. Y'es. 

Q. For whom did you vote for Congress?—A. R. I.,. Doughton. 

(h What is your age?—A. Twenty-seven. 

D. Did yon pay your poll tjix for 1919'.^—A. No. 

Cross-examination by Mr. Lewis : 

Q. You were a soldier in the United States Army?—A. Yes. 

Qi In sei'vice with the Government?—A. Yes. 

Q. AN’hen were you discharged?—A. July 19, 1919. 

Mr. A. T. McCRAVEN testilied as follows: 

Direct examination b.v iNlr. P. P. Diu.in : 

(J. Yonr name is A. T. McCraven?-—A. Yes. 

Q. Where do you li\e?—A. Davidson Township. 

(.^. How long Inive you lived there—A. Five years. 

Did you vote November 2, 1920?—A. Yes. 

(h Did you vote foi‘ R. L. Doughton for Congress?—A. Yes. 
tj. What is your age’.'—A. Thirty-hve. 

(^. Did you make a tax relnrn for 1919?—A. Y"es. 

(}. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. No. 

(’ross-examination by Mr. Lewis: 

(.). Did yon understand that the Repuhiicans and Democrats had made an 
agreement to not challenge on tlie gi-ounds of nonpayment of poll tax?—A. Yes. 

R(‘direct examination : 

Q. When did you hear it?—A. About a week or two before the election. 
q! Did you see any circulars of any kind down in your township or a picture 
of Harding’.'—A. No. 

Mr. J. D. NICKSON testilied as follows: 

Direct examination by ^Ir. P. P. Diu.in : 

Q. Your name is J. D. Nickson’.'—A. 1 es. 

Q. Where do yon live’.'—A. Davidson Township. 

Q. What is your age’.'—A. Fifty. 

When were you 50?—A. Fifty last INIarch: will .soon be 51. 

O Did vou vote Nin'imiber 2?—A. Y"es. 

Q. For whom did you vote for ('ongress?—A. R. L. Doughton.^ 

6 Did vou pav vour poll tax on or before May 1, 1920?—A. Y>s. 

(F What date did you pay them?—A. I don’t remember the date, but it was 

before IMay 1. 

(L Have vou a tax receipt’.'—A. No; I have not. 

g. How long had you lived in Davidson prior to the election .'—A. 1 have 

lived there most of my life. . . . 

U. You had lived in Coddle ('rei'k Township’.'—A. Two years; yes, 

(>. M’hen did you move back into I)avidson .' A. Last January a year ago. 


350 


(’AMPBKLL VS. DOUGHTON. 


Cross-exjiiniiiation by ]\Ir. Lewis: 

Q. Yon made your return and paid it in (’oddle Greek Townshii)?—A. Yes. 

Mr. vS. F. SKtMOX testitied as follows: 

Direct examination by Mr. 1*. 1*. Dulin : 

(^. Your name is S. F. Si.uinonV—A. Yes. 

Q. Where do you live?—A. Davidson Townsbi]). 

Q. How Ions?—A. About 15 immtbs. 

(}. How long have you lived in the State?—A. All of my life mostly. I would 
call it all my life, except about 12 years ago I went to Illinois and stayed about 
two months and in 1914 and 191.5 I went and stayed a couple of months. 

Q. Did you vote November 2 electi(m?—A. Yes. 

P^or whom did you vote for Gongi'ess?—A. Campbell. 

(}. Did you i)ay your ])oll tax for 1919 on or before Maj’ 1, 1920?—A. Y’’es; 
I have my receij)!. 

Cross-examination by Mi*. Lewis: 

Q. You paid in Coddle Ci*eek Township?—A. Y’es. 

Mr. .1. (L SHKKRILL testitied as follows: 

Direct examination hy ]Mr. P. P. Dulin: 

Q. Your name is .1. C. Sherrill?—A. Yes. 

Q. Where do you live?—A. Davidson Township. 

Q. How long have you lived there?—A. Seventeen years. 

Q. Did ycui vote on November 2?—A. Yes. 

Q. For whom did you vote for Congress?—A. K. L. Doughton. 

Q. AVhat is your age?—A. Twenty-four. 

Q. Did you make a tax return for the year 1919?—A. Yes. 

(}. Did you pay your poll tax on or before ]May 1, 1920?—A. No. 

Cross-examination l»y iMr. Leavis : 

Q. Were you in the Army?—A. No. 

Mr. W. B. WILLIAMSON testitied as follows: 

Direct examination hy Mr. P. P. Dulin : 

Q. Y"our name is W. B. AVilliamson?—A. Yes. 

Where do you live. Air AVilliamson?—A. Davidson Township. 

Q. How long have you lived in Davidson Township?—A. Twenty-eight years. 

Did you vote November 2?—A. Y’es. 

(L P^or whom did you vote for Congress?—A. Doughton. 

Q. What is your age?—A. Thirty. 

Did you pay your poll tax for 1919 on or before Alay 1, 1920?—A. l’'es. 
Did you make a tax return for the year 1919?—A. Yes. 

(}. What date did you pay youi* poll tax?—A. I don't remember. 

(,). Have you your tax receipt?—A, No. 

Cross-examination by Air. T^ewis : 

Q. You paid your poll tax in Davidson Townshii)?—A. Yes. 

Q. You know you paid them before Alay I';*—A. Y^es. 

Air. C. T. WALLY testified as follows: 

Direct examination by Air. P. P. Dulin: 
ii. A’oui* name is C. T. Wally?—A. Yes. 

Q. AVhere do y<ui live?—A. Davidson Township. 

Q. How long have you lived in Davidson?—A. About 12 years, I think, this 
time; I moved out of the township and stayed a year and then moved back 
about 12 years ago. 

Q. Did you vote Novembei* 2, 1920?—A. YTas. 

(h For whom did you vote for Congress?—A. Air. Doughton. 

W'hat is your age'.'^—A. Pkirty-seven. 

(}. Did yon make a tax return foi* tlie year 1919?—A. Y’'es. 

Q. Did you pay your poll tax for the year 1919 on or before Alay 1, 1920?— 
A. Yes. 

Q. What date did you pay it?—A. I paid it in November, but forget the date. 


('AMPBELL VS. DOUGHTON. 


351 


Q. I>i<l you over iH'coivo any of the circulars purportiu^ to he the family 
rree of i-esideut Hardiuj;?—A. Yes. 

i). Wliere did you i-eceive them from?—A. (Jot them out of the i)ost otlice at 
Davidson. 

Q. Did you liave a talk with .T. O. Tjowis, chairman of the hoard of elections 
of Iredell Dounty, on Sunday afternoon prior to the election?—A. Yes. 

Q. Did he tell you that he was getting out some circulars?—A. No; he did 
not tell me he was getting out some circulars; he said he had a statement he 
would show me if he had it. hut he did not have it there. 

Q. Did he say anything about mailing them to you?—A. He said he would 
send me some if he had them. 

Q. Did you on Monday prior to the election receive these?—A. Yes; the pic¬ 
ture looked like he was. 

Q. Di<l yo\i receive a picture, too?—A. Yes. 

Q. What did you do with the circular and picture?—A. I gave one or so to 
some Uepublleans and two or three to some Democrats. 

Q. Why did you distidhute them ; did you have any instructions to distribute 
them?—A. No; I did it because I thought if he was part Negro I didn’t want 
anybody to vote for him. 

Q. Did you believe he was i)art Negro?—A. I don’t know; the picture looked 
like he might be right smart Negro. 

Q. You believed it and circulated it with the idea you would prevent Repub¬ 
licans from voting the Reimblican ticket?—A. I thought if he was part Negro 
I would like to see the white folks let him alone. 

Q. You did all you could?—A. I don’t know as I done all I could. 

Q. What did the peoi)le say that you showed these circulars to?—A. I don’t 
know what they said. 

Q. Did Mr. Lewis at any time state to you that it had been proven that he 
was part Negro?—A. No; he said it was rumored that he was part Negro. 

Q. And after having the conversation you did receive this through the 
mail?—A. Yes. 


(’ro.ss-examination by Mr. Lewis: 

Q. Where were they mailed to you from?—A. It was postmarked Columbus, 
Ohio. 

Q. l"ou did not receive any letter from me at all?—A. No. 

C). It did not keei» y<>o from voting a Democratic ticket, did it?—A. No, sir. 

Q. Did it ke(‘i> anybody from voting the Republican ticket?—A. I don’t 
know: more Republicans voted down there this time than ever before. 

(L In fact, evei-y Rej)ul)licau iu Davidson County voted?—A. Yes; I think so. 

(). I liever showed y<»u the picture nor sent you one at any time?—xV. No, sir. 

Redirect examination; 

(}. .Anybody iu (’olumbus. Ohio, know you?—A. Not so far as 1 know. 

Q. So fai- as you know you have never corresponded with anyone'in Colum¬ 
bus, Ohio?—>\. I do not. 

Q. You did not write them, did you?—A. No; must have been .some of 
Harding's people sent it, for that is where he is from. 

Q. P.iit it was not some of Harding’s ])eoj)le that notihed you you would 
receive .some?T-A. No. 

(}. I believe' you stated you i*eceived the literature and picture all together?— 
A. Yes; they were all together. 


Reci'oss-exaniination : 

O. xVs a inattt'r of fact, from the time I saw you Sunday afternoon if I had 
maiied them to you could you i)ossibly have gotten them Alonday?—.-V. I don’t 
know; I guess it could gone down on that morning train. 

Q. ivhat time does the mail leave for the country?—A. Yes; but I got that 

letter at Davidson. i ^ , i- • 

Q. Air. Cambrell lived down there toward Davidson?—xV. \es; he li\es in 

Mecklenburg. 


Redir(‘ct examination : 

() I believe you stated Mr. Cambrell was mistaken about what he swore up 
Pe/e?—A. No; I said he was mistaken about Air. I.ewis saying he would send 

me something through the mail. „ . -r , x i 

O Did vou heai- all that took place Sunday afternoon?—A. I do not kno\\ . 
O So vou are not jirepared to say that that conversation did not take place 
beHu'en Mr Cambrell and Mr. Lewis?—A. If it did I did not-hear it. 


352 


CAMPBELL VS. DOUGHTON. 


(>. I >i(l yen show t])os(‘ y)ietiir('S jnul circnlfii’S to Mi’, (hiinhri'll ?—A. Xo. 

(}. Newer i-end tlieiii to liiin?—A. Xh); never seen lilin after I u’ot them until 
after the election. 

^Ir. Lewis. It is adinittfsl in oi»en hearinu hy connsel for eontestee. K. L. 
I>on,uliton. that I*. A. Alexander and H. C. XVwson voted in (’oddle Creek, pre- 
<'inet X'o. 2. on No\enihe)’ 2. 1020; that the.v voted for U. T.. Don.uhton for Con¬ 
jures s: that they are between the aiie of 21 and oO years: that, the.v were liable 
for poll tax for the year lOlt) find failed to jia.v same on or before Ma.v 1. 1020. 
It is fnrthei’ admitted hy '-onns^'I for eontestee, U. L. I>on,uhton. that th(*se two 
paities were soldiers of the Ihdted States Army and were dischar.ned from the 
Army after May 1. 1010. 

Mr. KOY KIXLLY testified as follows: 

I>;i‘eet examinat'on hy Mr. I\ P. Drr.iN : 

(y Yonr name is Roy Kinley?—A. Yes. 

(>. Where do yon live?—A. ^looresville. 

ij. What preeinet do yon live in?—A. No. 1. 

(). How lonir have yon lived there?—A. All my life. 

Q. Hid yon vote November 2. 1020?—A. Yes. 

Q. For whom did yon vote for ('on.uress?—A. It. T.. Honjrhton. 

i}. M’hat is yonr ajre?—A. 'Thii'ty-thi’ee. 

Q. r>id yon make a tax i-etnrn for the year 1010?—A. Yes. 

Q. D’d yon i»ay yonr yioll tax for 1010 on or before May 1, 1020?—A. No. 

Cross-examination hy Inwis : 

(>. ^^>re yon a soldiei’?—A. No. 

(}. Hid not pay it in time?—A. Yes. 

Mr. J. (). FATRt'HILH testified as follows; 

Hireet examination hy ]\[r. P. P. Hur.ix : 

(j. Yoni’ name is J. <>. Fairchild?—A. Yes. 

(^. Mdiere do yon live?—A. INIooresville. 

(}. How lon.tr have yon lived there?—A. Sixteen years. 

i). Hid yon vote in the election November 2, 1020?—A. Yes. 

■ Q. Who did yon vote for for Conjrress?—A. R. L. Honjrhton. 

(). What is yoni’ a.ue?—A. T\\'(MUy-f(nir. 

Q. Hid yon pay yonr poll tax for the year 1010 on or before May 1?—A, No. 

Cross-examination hy Mr. Lewis; 

Q. M'ere yon a soldier in the Ignited States Army?—A. Sailor. 

Q. When wei-e yon discharjred?—A. I have not been discharjred yet. 

Q. Yon were not here?—A. No. 

Redirect examination: 

Q. Y'on are now^ in the Navy?—A. Yes; I am on nnlimited fnrlongh. 

Recross-exainination: 

Q. At tax-retnrning time yon w^ere in the Navy?—A. Yes. 

Q. Yon are the .son of .T. F. h"aircliild?—A. Yes. 

Q. Son of the re,gistrar?—A. Yes. 

Mr. Lew’is. j. H. Gentry, a voter in precinct No. 4, Statesville, who was ex¬ 
amined yesterday as a witness. I am now’ introdneing his check as follows: 
Statesville, N. C., March 20, 1920, No. 395, iMerchant.s* and Fai’iners' Hank, 
State.sville, N. C., pay to the order of M. P. Alexander .$17.98, signed .T. H. 
Gentry; indorsed hy IM. P. Alexander, sheriff of Iredell Comity; marked “paid” 
by Commercial National Hank ]\Iarch 23, 1919; stamped “paid” b.v Merchants’ 
and Farmers’ Hank March 23, 1920. Tax receipt, Noiih Albemarle Tow’nship, 
April 30, 1920. received of Karl S. Sloan, taxes for 1919 as follows: Polls, $3.30; 
real and personal, blank; State, 4G cents; comity and school, $2.40; .special, 
$1.28. Si.gned by G. D. Hlalock, sheriff, per F. F. C., deputy. Karl Sloan voted 
in No. 2 precinct and was examined on Tuesday of this w’cek. 

Mr. W. H. LINKER testified as folhnvs: 

Direct examination by IMr. P. P. Dulin ; 

Q. Yonr name is W. H. Linker?—A. Yes. 

Q. Where do you live?—A. No. 1 precinct, Mooresville. 


(WMrBELL YS. DOUGHTOX. 


358 


(,). How loiii; have you been livinj; in No. 1 V—A. About 42 years. 

Q. Did you vote Noveinl)er 2. ]920?—A. Yes. 

Q. For wboin did you vote for Conjtress?—A. K. L. Doujrbtou. 

Q. Wbat is your ajte?—A. Forty-nine. 

Q. Did you make a tax return for the year 1919?—A. Yes. 

(>. Did you pay your p(bl tax for 1919 on or before May 1, 1920?—A. Yes; I 
think 1 did. I have iny receipt at home. I am satisfied I did. 

Q. Do you have an independent recollection as to whether you did pay it 
before May 1?—A. Yes; that is my recollection. I know I did. 

(^. AYill you hrin.u' me that receipt some time when you are in town so that 
this record can he clear, if you are wrong about that?—^A. l>s. 

Cross-examination by Mr. Lewis : 

Q. You paid your taxes in (’oddle Creek Townshii)?—A. Yes. 

Q. I am read im' frcun the sheriff's daybook for Ii-edell County, Coddle 
Creek Township, 1919 taxes. Linker. W. H.; amount of tax, $45.55; date of 
payment. 12/1G/19; amount paid, .$45.55. This cori'esponds with your recollec¬ 
tion?—A. \>s. 

Q. Tax stub No. 791: Name, L'ldcei'. A\’. H.; land, 95 acres: value, .$14.19; 
per.sonal. .$18.2S; t<»tal. $27.47: polls. .$8.75; property tax, $85.71 ; .special school 
tax N(>. 4, .$(>.09; maklig a total of .$45.55; stamped “paid” December 1(>, 1919, 
M. F. Alexander. sherilT of lre<lell ('ounty. Is that the stul) of the receipt you 
have?—A. Yes. 

(Contestant ol).jects to tlie counsel reading from the hook called h.y him the 
“ daybook ” ; that said hook is a ledger hook and made up from a daybook which 
the coun.sel for the contestant, .lames 1. Campbell, demanded he brought into 
court. Contestant further objects to part of the records being offered in proving 
the payment of any poll tax unless the daybook is also read from.) 

(Counsel for contesp^e refu.ses to produce the daybook in oi)en hearing. The 
counsel for the contestee has nothing to do with the hook; can not produce it if 
lie wants to. If the sheilff of Iredell County is asked to hilng the book up, he 
will bring it up at any time it is wanted.) 

(Hearings i-esumed this, the 11th day of March. 1921, in the matter of .Tames 
I. (’amphell, contestant, r. R. L. Doughton, contestee. in the eighth congress onal 
d'strict of North (’arolina. in Iredell ('ounty. in tlie courthouse at the city of 
Statesville, before .1. A..Stewart, notary ])uhlic and commissioner of testimony. 
He:n-ing for contestant. R. R. Dulin and .1. .1. Britt; hearing for contestee, W. D, 
Turner, Z. V. Long, and Lewis cK: Lewis.) 

IMr. F. S. ^MORRIS testified as follows: 

Dii-ect (‘xaiii’iiation by !Mr. R. R. Di'i.ix: 

(). Your nann^ is F. S. Morris?—A. l"es. 

(). MTiere do you live?—A, Second ward. 

(). Did you vote in the Noveinlx'r election. 1920?—A. I did. 

(}. For whom dM you vote for ('ongress?—A. Mr. Doughton. 

(}. Did you maki' a tax retui-n for the year 1919?—A. I did not. 

(}. Ray your ])oll tax for 1919 on oi- before May 1, 1920?—A. I did not. 

(}. What is your age?—A. Twenty-four. 

Cros.s-examination by INIr. Lewis : 

Q. You were a soldier in the United States Army and in France at tax- 
retuiming time?—A, Yes. 

Q. When were you discharged from the Army?—A. September 19, 1919. 

Jdr. D. M. MONDAN testified as follows: 

Direct examination by iNIr. P. P. Dtlin : 

Q. Your name is D. M. iNIondan?—A. Y"es. 

(). AVhere do vou live?—A. Alooresville. 

Q. What in-ec'inct?—A. ('oddle Creek Township; I don’t know the precinct. 

i). You don’t know what yirecinct you lived in or voted in?—A. Mooresville, I 
guess it is. 

Q. Hoav long have you lived in ("oddle ("reek Township?—A. Two years in 

April. . , 

(>. W'lierc' (I’d you move from to ("oddle ("reek Township?—A. I rom Rowan, 

IMount rila. 


.57(i95—21 


23 



354 


(’AJVrPBELL VS. DOUGH TOX. 


(2. How lonji’did you live tliere?—A. From December to April. 

Q, From December to April, what year?—A. IS to 11). 

Q. Did you vote iu the election November 2, 1920?—A. T did. 

(^. For whom did you vote for Consvess?—A. II. L. Dousliton. 

Q. What is your ase?—A. Thirty-three. 

Q. Did you make a tax return for the year 1919?—A. Yes. 

Q. Did you pay your poll tax on or l)efore May 1 ?—A. Yes, 

What date did you pay it on?—A. It was in November. 

Q. What year?—A. Novembei-, 1919, riiijht alona' the 1st: I .aot the per cent off. 
<}. Have you your tax receipt?—A. I have my 1920; I did not know tl»e 
ol)ject of this so I did not briuj? my 1919. 

Fross-examinatioii by Mr. Lewis; 

i}. You made your return in Doddle Creek Township and paid there?—A. Yes. 
(}. Sometime in November, 1919?—A. Yes. 

How much was your tax, do you remember?—A. Ten dollars and some 

cents. 

Q. .$10.28 was the amount of your tax and yon paid .$10.18?—A. Yes. 

Redirect examination : 

Q. Was there a poll tax charge on your tax receipt?—A.. Yes. 

Q. ^^Tlat was the amount of it?—A. .$1.47 for 1920; my 1919 I don't re¬ 
member. i 

Recross-examination: 

(}. How Iona' have you been a resident of North Carolina?—A. Twenty-three 
years. 

Redirect exnmination: 

(}. How lonji' did yon live in the State of North Carolina preceilins election 
day, November 2, 1920?—A. T have nevei' been out of the State since 1908. 

Mr. ALBERT F. .lOHNSON testified as follows: 

-■ 'Direct examination by ^Mr. P. P. Dut.in: 

Q. Your name is Albert F. .Johnson?—A. It is. 

Q. IVhere do yon live'?—A. Down here below iMooresville; Barringer Town¬ 
ship. 

How long have you live<l there'?—A. Twelve months, sometime back in 
.January. 

(,y Where did you move from when you moved to Barringer Township?—A. I 
moved from Norfolk there. 

Q. You moved from Norfolk, Ya., to Barringer Township in January, 1920?—• 
A. Yes. 

Q. Did .vou vote in the November election'?—A. Yes. 

Q. In Barringer Township‘r—A. Yes. 

Q. What is your age?—A. Twenty-six. 

(>. For whom did you vote for Congress?—A. R. L. Doughton. 

(}. Did you make a tax return for the year 1919'?—A. Yes. 

(). Dal .vou pay .vour poll tax for 1919 on or before ^lay 1‘?—A. Yes. 

Cross-examination by IMr. Lewis : 

Q. ]Mi'. Johnson, Iredell County has been your home all your life?—-A. Well, I 
ha\V had this for my home for about six or eight years. 

(). You were up tliere working in the (lovernment work iu Virginia?—A. Yes. 
Q. But your home was here?—A. Yes; I always had this as my li^onie and 
paid my taxes. 

Redirect examination: 

(N How long were you in Virginia'?—A. Two years. 

Q. Did yon pay your taxes in the State of Noilh Carolina during your two 
years in Virginia'?—A. Yes. 

(>. Did yon pay .your taxes for 1917 and 1918?—A. Yes. 

Mr. .1. A. BRADFORD testitied as follows: 

Direct examination by Mr. P. P. Dulin : 

Q. Yonr name is J. A. Bradford?—A. Yes. 

Q. Where do yon live?—A. Shilo. 


CAMPBELL VS. DOUGHTOX. 


85 ;") 


Q. How loii.ir have you lived thei’e?—A. All my life. 

Q. Hid you vote November 2, 1920V—A. 1 did.' 

What is youi* ageV—A. Thirty-two. 

For whom did you vote for Coii.uress?—A. DoiBihton. 

Q. Hid you make a tax return for the year 1919V—A. Yes. 

Q. Hid you pay your poll tax for 1919 on or before May IV—A. Yes. 

Q. What date did you i)ay it onV—A. Don't remember. 

Cross-examination by Mr. Lewis: 

Q. You know you paid it before INiay I'/—A. I will swear I paid it. 

Mr. EH BILVHY testified as follows; 

Direct examination by Mr. P. P. Dulin : 

Q. Your name is Ed Brady V—A. Yes. 

Q. Where do you liveV—A. Shilo Township. 

Q. How lonj;: have you lived in Shilo precinct'y—A. Forty-tive years. 

Q. Hid you vote in the November 2, 1920, election‘i*—A. I did. 

Q. Say your ajie is whatV—A. Forty-tive. 

Q. Hid you vote for R. I.. Houghton V—A. I did. 

Q. Hid you make a tax return for the year 1919V—A. Yes; and paid my taxes. 
Q. Hid you pay your poll tax on or before IMay 1'?—A. I did, my entire tax, 

Q, Ho you know whether there was a poll charjre ajj;ainst you'.^—A. There 
M'as and I paid it. 


IMr. .T. AV. CASH testified as follows: 

Direct examination by IMr. P. P. Duein : 

Q. Your name is .T. W. CasliV—A. Yes. 

Q. AVhei-e do you liveV—A. Shilo. 

(L How lon,tt have you lived in Shilo i)recinctV—A. Three years. 

Q. Hid you vote in the election November 2, 192()V—A. Yes. 

(L For whom did you vote for Conf>:ressV—A. Houghton. 

(}. What is your ageV—A. Forty-one. 

Q. Hid you make a tax return for the year 1919V—A. Yes. 

(}. Hid you pay your poll tax nn or before May 1 ‘i —A. No: I did not. 

Cross-examination by IMr. Le\vis: 

Q. IMr. (bush, you understood that the Republican and Hemoci'atie Parties, 
through their chairmen, ha<l entertMl into an agreement whereby no person 
wouhi be challenged for the nonpayment of poll taxV—A. That is what I un¬ 
derstood, 

Q. You voted under those circumstancesV—A. Yes. 

Redirect examination: 

(}. You know enough to know that ])oliticiiins have no right to exempt you 
from the payment of taxV—A. I know they haven’t. 

Recross-examination: 

(J. You knew this much, too, that no politician need challiinge your vote if 
ho doesn’t^want toV—A. Was not supposed to. 


Mr. .T. W. CRAWFORD testified as follows: 


Direct examination by Mr. P. P. Hcltx : 

(J. Your name is J. W. Crawford'?—A. Yes. 

O. AA'here do you liveV—A. Shiloh. 

(). How long have you lived thei-e'?—A. Twenty-tive years—all my life. 
(}. Hid you vote on November 2, 1920'?—A. Yes. 

Q. AVhat is your ageV—A. Twenty-tive. 

(). For whom did you vote for (N»ngre.ssV—A. II. L. Houghton. 

(). Hid vou make a tax return for 1919'?—A. No. 

Q. Hid 'you pay your poll tax for 1919 on or before IMay IV—A. No. 


Cross-examination by IMr. Lewis : 


Q. You were a soldier in the Uiiitc'd States Army V—A. Yes. 

Q. Served in France and Germany V—A. Yes. , , t , i 

(}. What time were you discharged from the Army . A. .Tuly 1 


8 , 


1919. 


356 


(’AMPBKLL VS. DOUGHTOX. 


Ml’. ]>. F. DEAL testilied as follows: 

Direct exaiiiiiiation by Mi-. P. 1*. Dulix : 

(J. Voiir name is H. F. Deal?—A. It is. 

(L Wliere do yon live?—A. Shiloli. 

(y How lonji have yon lived there?—A. Twenty-two years, with the excep¬ 
tion of a little over three years. 

Q. Did yon vote November 2. 192(>?—A. Yes. 

(). What is yoiir aji’e?—A. I was 22 last July. 
i>. Twenty-two July, 1920?—A. Yes. 

(}. For whom did you vote for (Nm.aress?—A. (’ampbell. 

( 'ross-examination liy Mr. Lewis: 

(). You were not 21 until July, 1919: you were too youn.^ to pay poll tax?—A. 
Yes; I was in the State of Michi.s>-an at that time. 

You were livni.ti' uj) there?—A. I was up there three years. 

(J. You voted, you .say, a straight Republican ticket?—A. Yes. 

Mr. (). K. DAYIDSON tesritied as follows: 

Direct examination by iMr. P. P. Dueix : 

(y Your name is (). R, Davidson?—A. Yes. 

(J. Where do you live?—A. Shiloh. 

(). How long have you lived there?—A. Twenty-three years, excepting three 
years 1 was awa.v. 

(y I>id you vote November 2. 1i)20?—A. Yes. 

(). For ^^■holu did you vote?—A. R. T.. Doughton. 

Cy What is your age?-=—A. Twenty-three. 

(y When were you 22?—A. Third (d' February. 

i}. Did you make a tax return for the year 1919?—A. I was in Washington. 
Q. Washington ('ity?—A. Yes. 

(^ Did you pay your poll tax for the year 1919 on or before May 1, 1920?—A. 
1 have not paid for 1920 yet. 

Q. D.d you jiay your poll tax for 1919 on or before iMay 1?—A. I paid taxes 
in Wasliington. 

You paid no taxes in tlu' State of North Farolina?—A, No: I was not 

here. 

('ross-examinatioii by Mr. Lewis: 

You were in Washington doing war work?—A. Yes. 

(.). A jierson can not vote in Washington LVty?—A. No. 

(^. You ke])t North Farolina as your legal residence?—A. Yes. 

Mr. W. P,. FFLLRRIGHT testitied as follows: 

Direct examination l)y iMr. P. P. Dri.ix : 

Q. Your name is W. IL Fullbright?—A. Y'es. 

Cy l\’here do you live?—A. Shiloh. 

(y How long have you live<l there?—A. About 28 years. 

(>. Did you vote*in tbe Novembei- election, 1929?—A. Yes. 

(y What is your age?—A. Twenty-three, 
cy ^^'hen were vou 28?—A. October 89. 

Cy What yeai-?—A. 1929. 

(.y For whom did you vote for Fongre^s?—A. R. 1 j. Doughton. 
cy Did you make a tax return for the year 1919?—A. Y’es. 

(y Did you ]tay youi- i>oll tax for the year 1919 on or bi'fore May 1?—A. No. 

('ross-examination by Mr. I.,ewis : 

ty ^Vere you a soldier in the Fnited States Army?—A. Well. I was imt in 
camp; I was drafted. 

Mr. R. L. FILBERT testitied as follows: 

Direct examination by iMr. P. P. Duli-xI 
(y Your name is R. L. Filbert?—A. Yes. 

Q. Where do you liv('?—A. Shiloh Townshiin 

(y How long have you lived tliere?—A. About 29 years. 

(y l>id you vote in the November election, 1920?—A, I did. 
cy Wbat is your age?—A. Twenty-hve. 


CAMPBELL VS. DOUGHTOX, 


357 


Q. For whom did y<m vote foi’ ('oiiiii’ess?—A. K. I-.. I)on^]iton. 

(>. Did you make a tax return for the year IDIOV—A. 1 di<l not. 

(}. Did you pay your poll tax for I'dlO on or ])efore ]May 1, 11)20V—A. Did 
not. 

(’ross-examillation hy Mr. Lewis: 

i}. You were a soldier in the riitod States Army at tax-return in,u’ time?—A. 
Xo: in the Fniteil States Navy. 

(). So you were iu sei’vice of the Fiiited States Government in tliis Great 
M’ar with Germany, and now your vote is he n,a: challeniied hy Dr. Camphell 
lieeause you were not Iiere to make a tax return?—A. I was di.scliarued Au.itust 
5, 19M). 

(Counsel for contestant ohjects to contestet* oh.servin.a: that you are heing 
•cliallen,i;ed because you were not here to make your return whereas you are 
heint; challeiified because you (Ld not pay your p*)ll tax.) 

Mr. O. H. HOKE testified as follows: 

Direct examination hy Mr. P. I’. Dn.ix : 

C>. Your name is O. H. IIok(“?—A. Yes. 

Q. Mdiere do you live?—A. Shiloh. 

(}. How lonj; have you lived there?—A. Eleven years. 

( ). Did you vote in Shiloh iirecimd on Xovemher 2, 1920?—A. Idid. 

(L AVliat is your a.i^e?—A. Twenty-tive. 

(}. Did you vote for R. L. Doiyuhton for (’onj^ress?—A. Yes. 

(h Did you make a tax retuiai for the year 1919?—A. Xo. 

(). Jlid you pay your j)oll tax foi’ 1919 on or before iNlay 1, 1920?—A. I did 
not. 

Cross-examination hy Mr. Lewis: 

Q. You were iu the Ihiited States Army?—A. Yes. 

(}. 'NVhat is your initial?—A. (). H. 

(L Y’’ou were a soldier in the Fnited States Army; were not here at tax-re¬ 
turning tijne?—A. I was dischar.geil .Inly 21, 1919. 

Mr. L. C. HOOVER testified as follows: 

Direct examination hy iNIr. 1*. P. Dn.i.x : 

(L Your name is L. C. Hoover?—A. Yes. 

Q. AVliere do you live?—A. Sliilo. 

(h How long have you lived in Shilo precinct?—A. All my life. 

Q. Did you vote Xovemher 2, 1920?—A. Yes. 

(2. What is your age?—A. Twenty-five. 

Q. For whom did you vote for Congress?—A. R. 1.. Doifghton. 

( 5 . Did you make a tax return for 1919?—A. Yes. 

Q. Did you pay your poll tax foi‘ 1919 on or before INIay 1. 1920?—A. Yes. 

Q. Do you remember on what date you paid it?—A. Xo ; 1 do not remember, 
but it was sometime in .Tanuary. 

Q. Have you a receipt?—A. Yes. 

Q. M'ill you produce your receiiit ])lease? How much did you ])ay?—A. I 
don’t remember how much, 1 don’t remember when it was jiaid, but it is right 
there to show. 

Q. The date stamped on this receipt is the true date you paid this?—A. Sure. 

Q. Xo question about that, is there?—A. Xo. 

Q. AVill you please read the date?—A. It is dim here, I can t tell what it is. 
It is .January, I can’t tell to the day. 

Cross-examination by INIr. Lewis: 

(^. 'What is vour initials?—A. L. C. 

Q. As a matter of fact your tax receipt for the year 1919 wei’e returned on the 
1st day of May; that is. when you made your return?—A. Yes. 

Q. You paid this tax in .January?—A. Yes. 

Q. This is the receipt for 1919?—A. Yes. 

O Do vou know von jiaid it on or before IMay 1, 1920?—A. 'S es. 

Mr J.EWis (reading). Xo. 207, Shilo Township. Iredell County; receipt of 
Tv. C.'Hoover’s taxes for 1919 as .shown; Poll, .'fR.T.l; taxes. .SL9.); total tax, 

.$.5.70. The amount added is 0 cents. 

Q. That f) cents is added for one month’s interest? .\. es. 


358 


(MIPBELL VS. DOUGHTOX. 


]\ri‘. ^\^ E. HOOVER testified as follows: 

Direct exaiiiinatioii by Mr. P. P. Dulin : 

Q. Yonr name is W. E. Hoover?—A. Yes. 

Q. AMiere do yon live. Mr. Hoovei*?—A. Sliilo Township. 

Q. How lonj; have yon lived in Shilo Township?—A. Thirty-two years. 

Q. Did yon vote November 2, 1920?—A. Yes. 

(}. For whom did yon vote for Con.uress?—A. R. L. Donshton. 

Q. Di(| yon make a tax return for 1919?—A. Yes. 

Di(i yon pay yonr j)oIl tax for 1919 on or before May 1, 1920?—A. Y'es. 

Q. Have yon yonr tax receijit?—A. Yes. 

(^ Will yon jn-odnce it, ])lease? Do yon remember i)ayiJi,i' this tax your¬ 
self?—A. Yes. . 

(>. What (bite did yon ])ay it on?— A. I don’t i’eTneml)er. 

(b Yon have no independent recollection of when yon paid it exceiR what the 
receipt shows?—A. No. 

Mr. S. Z. HOOVER testified ns folhovs: 

Direct examination by Mr. P. P. Dri.ix: 

(}. Yonr name is S. Z. Hoover?—A. Yes. • 

(}. Whei’e do yon live?—A. Shilo. 

(}. How Ions have yon lived in Shilo?—A. Twenty-four years. 

(J. Did yon vote November 2, 1920?—A. Yes. 

Q. Did yon vote foi‘ R. L. Donshton for Consi’f'ss?—A. Yes. 

(}. Did yon make a tax return for 1919?—A. No. 

(}. Did yon ]»ay yonr i)oll tax foi* 1919 on or before May 1. 1920?—A. No. 

('’ross-examination by Mr. T.,oxg : 

(}. How old ai'e yon?—A. Twenty-four. 

(b Yon were in tbe PnitfMl States Army, and exempt from poll tax?—A. Yes. 

Redirect examination by Mr. J. .T. Kritt : 

Q. Have you any certiticaR' of exemption?—A. No; I did not set back in 
time to make my return. 

Q. Have yon any written evidence of any kind to show yon were exempted 
from the payment of poll tax?—A. No. 

Recross examination : 

Q. It was ordered by the board of county commissioners to exempt all 
soldiers from the payment of poll tax?—A. Yes. 

Mr. ROY LITTLE testified as follows; 

Dii'ect examination by Mr. P. P. Dulix : 

Q. Yonr name is Roy Little?—A. Y^es. 

(}. Where do you live?—A. Shilo. 

Q. How long have yon lived in Shilo’?—A. Twenty-seven years. 

Did yon vote in Shilo on November 2, 19*20?—A. Y^es. 

Q. For whom did yon vote for Congress’?—A. R. L. Donghton. 

Q. Did yon make a tax return for 1919?—A. Y^es. 

(b Did yon i)ay yonr poll tax for 1919 on «)r beforelMay 1, 1920?—A. YVs. 

Q. Have yon a tax receipt?—A. Yes. 

Q. Produce it, please. Did you pay all of this receipt at the same time?— 
A. Yes. 

Q. Do you have a recollection independent of this receipt as to when yon 
did pay this money?—A. Yes. 

Q. Will yon look at the total and state what the amount is?—A. $24.17. 

Q. Now, will you explain, please, that marginal entrance? Yon just stated 
yon paid the total amount at one and the same time?—A. My brother ])aid 
that; I bought a farm from him and he paid the taxes on the land. That is 
the reason that is there. 

Cross-examination by Ylr. Lewis : 

Q, Yon know, as a fact, yon paid it prior to Ylay 1, 19*20?—A. Yes. 



CAMPBELL VS. DOUGHTON. 


359 


iMr, JOHN A. MURDOCK testified as follows: 

Direct examination by Mr. P. P. Dulin : 

Q. Your name is John A. Murdoch?—A. Yes. 

Q. Where do you live?—A. Iredell (’oimty, Shilo Township. 

How lonp: have you lived in Shilo Townshi])?—A. my life. 

Q. Did you vote on November 2, 1920?—A. No; I was not old enough. 

Q. AVhat is your age?—A. Twenty-two. 

Q. You mean you did not go to the election place and vote in November?— 
A. No. 

Q. Did you authorize anyone to cast an absentee vote in Shilo precinct on 
November 2 for you?—A. Yes. 

Q. AVho did you authorize to cast that vote for you?—A. Arthur Watts, at 
Stony Point. 

Q. Did you sign a certificate?—A. Ye.s. 

Q. Did the certificate authorize him to cast a straight Democratic ticket 
in the election, November 2, 1920?—A. Yes. 

Q. How old are you?—A. Twenty-two last November 10. 

Q. When were you 22 years old?—A. Last November 10. 

Q. Did you make a tax return for the year 1919?—A. No. 

Q. Did you pay your poll tax for 1919 on or before IMay 1, 1920?—A. No. 

Cross-examination by Mr. Lewis : 

Q. Mr. A. W. Watts is cashier of the bank at Stony I’oint?—A. Yes. 

Q. That is in Alexander County?—A. Yes. 

Q. You signed the certificate and he witnessed it and mailed it to Mr. Brad¬ 
ford ?—A. Yes. 

(}. You were 21 November 10, 1919?—A. Yes. 

Q. You were too young to make a tax return for the year 1919?—A. Yes. 

Mr. H. G. MORROW testified as follows: 

Direct examination by JMr. J. J. Britt : 

(,). Your name is H. G. Morrow?—A. Yes. 

Q. Where do you live?—A. Shilo. 

Q. What is your age?—A. Thirty-one. 

(}. Did you vote in Shilo precinct at the elec*tion November 2, 1920?—A. Yes. 
Q. For R. L. Doughton?—A. Yes. 

i}. Did you make a tax return for that year?—A. No. 

Q. Did you pay your poll tax for that year?—A. No. 

Q. Did you make any application to the county board of commissioners to be 
exempt from the poll tax?—A. No. 

Q. Have you any written evidence from exemption?—A. No. 

Cro.ss-exa mi nation by Mr. Lewis: 

Q. M'ere you a soldier in the Army?—A. Yes, 

Q. You were away from here at tax-returning time?—A. No; I came home 
July 18. 1919. 

Q. YY)u were away from luTe at tax-returning time for 1919?—A. Y^es. 

(}. Did you under.stand that the commissioners had exeinided all soldiers dis¬ 
charged after May 1, 1919?—A. Yes. 

Q. And you would come under that class? 

(Contestant objects to the question.) 

Mr. T\ S. :M()()RF testified as follows: 

I )irect examination by INIr. J. J. Britt : 

(). Y'our name is P. S. Moore?—A. Yes. 

Q. Did you vote in Shilo precinct in the November election?—A. I did. 

Q. Who’for Congress?—A. Doughton. 

Q. What is your age?—A. IVill be 22 in .Tune. 

(J. What day?—A. June 14. 

Q. You were 21 on the 14th day of June, 1920?—A. Yes. 

Q. Did you make any tax return?—A. I did not. 

Q. Did you pay any poll tax?—A. I did not. 

Q. Ever make application to be exempted from the payment of poll tax?— 
A. I did not. 

Cross-examination by Mr. Turner: 

Q. You are under age and did not have to pay poll tax?—A. Yes. 



360 


(’AMTBKLL VS. DOUGHTOX. 


]Mr. (). K. MOOSE testified <is follows: 

Direct exaniiiuition by Mr. .T. J. Krttt : 

Q. Your imiiie is (’. E. INIoose?—A. Yes.‘ 

Q. Wliere do you live?—A. Sbilo. 

Q. What is youi- afi'e?—A. Tweiity-eiiilit. 

Q. Did you vote iu Shilo Towuship in the Noveiuher election for R. E. 
Doughton?—A. Yes. 

Q. Did you make a tax return?—A. I’es. 

Q. Paid your i)oll tax?—A. Y^es. 

Q. Have you your receipt?—A. Y"es. 

Q. Will you please show it?—A. Yes. 

Q. Can you read that date, Mr. Moose?—A. No. 

Q. Do you know when you paid your i)oll tax?—A. The 30th of Apiul. 

Q. What year?—A. 1919 taxes—1920, I guess it would he. 

How (lo you know you paid it on that date?—A. Well, I sent the money 
in here with the register of deeds, and he deposited it here, and it shows on the 
,hook when it was i)aid. I sent it in the day before and he jiaid it on the 30th. 
I sent $10 and they gave me a credit for it and paid the rest the 2Gth of May, 

I think it was. It is credited across the top of the receipt. 

Q. I don’t seem to be able to make out the date.—A. It is the 30th of April. 

Q. I am talking about the imprint of the stamp—can you read it?—A. No ; I 
Van not; but that is when it was jiaid. I sent the man here. I sent $10, and 
did not pay it all ; my taxes were $21 and something. 

Q. I am interested in inqiui'ing jibout ])oll tax only.—A. Y'es; I ]»aid my 
poll tax. 

Cross-examination by Mr. Eoxu : 

Q. Mr. Morrow told you your poll tax was not paid and he wanted you to 
pay it so you could vote?—A. I’es. 

Q. I ask you whether it was not credited by $10 4/30/1920?—A. Y'es. 

Mr. G. C. REED testified as follows: 

Direct examination by Mr. .1. .1. Britt : 

Q. Your name is G. C. Reed?—A. Yes. 

Q. Where do you live?—A. Shilo. 

Q. Did you vote at the last election?—A. Yes. 

Q. Whom for Congress?—A. Doughton. 

Q. What is your age?—A. T\venty-seven. 

Q. Did you list your taxes for 1919?—A, No. 

Q. Did you pay any taxes for that year—any poll tax—A. No. 

Q. Did you ever make application to the board of county commissioners for 
any exemption on any ground?—A. No, 

Cross-examination by Mr, Lewis : » 

Q. Y"ou were a soldier in the Army; served in the A. E. E.?—A. Ye.s. 

Q. I ask you as a fact whethei’ youi‘ poll tax was not i)aid and then marked 
off?—A. Y^es; they had been paid for that year, and I understood the soldiers 
were not to pay any poll tax. and they gave it back. 

Q. So it was actually paid before Ylay 1 and given back to you?—A. Yes. 

Q. Y"ou were discharged when?—A. About September 1, 1919; somewhere 
right near then. ' 

Redirect examination : 

. Q. Nobody said anything to you about your taxes in Ylay for 1919?—A. No. 

Recross-examination : 

Q. Y^our mother paid your taxes while you were in the Army?—A. Yes; she 
paid it and then got'the money back. 

Mr. F. D. STEWART testified as follows : 

Direct examination by Ylr. .T. .T. Britt : 

Q. Your name is F. D. Stewart?—A. Y>s. 

Q. Where do you live?—A. Shilo. 

Q. Did you vote on November 2. 1920, for R. L. Douhgton?—A. Ye.s. 

Q, Had you listed your poll tax?—A. Yes. 




(’AMPtJKLL VS. DOI^GHTOX, 


361 


Q. Did you pay your poll tax?—A. No.* 

What is your ap:e?—A. Thirty. 

Cross-exaiuiuatioii by Mr, Lewis : 

Q, You understood that the Deiuoci-ats and Tvepuhlieans through tlieir differ¬ 
ent chairmen made a solemn a.Lcreement that no person would he challetu^ed on 
the grounds of nonpayment of poll tax?—A. Yes. 

Q. You voted under that agreement, thiidving you were voting legally?— 
A. Yes. 

Redirect examination: 

Q, Nobody ever told you the Democrats and Republicans could dispense with 
the laws of North Carolina?—A. No. 

Recross-exaniination : 

Q. Did any person ever tell you that any man would have to violate his solemn 
agreement to not challenge for the nonpayment of poll tax?—A. No. 


INIr. L. A. SHOOK testified as follows: 

Direct examination by IMr. .T. .T. Britt: 

Q. Your name is L. A. Shook?—A. Yes. 

, Q. Where do you live?—A. Shilo. 

Q. Did you vote there November 2?—A. Yes. 

Q. For R, L. Dough ton?—A. Yes. 

Q. Did you list your 1919 taxes?—A. Yes. 

Q. Did you pay your poll tax?—A. No. 

Q. What is your age?—A. Thirty. 

Q. Did you ever personally make any application to the Iredell County com¬ 
missioners to get exempted?—A. No. 

Cross-examination by Mr. Lewis : 

Q, You understood that the Democrats and Republicans through their chair¬ 
men made a solemn agreement that no person would be challenged for the non¬ 
payment of poll tax?—A. Yes. 

Redirect examination: 

Q. But you never undei-stood that any Republican or Democrat could dis¬ 
pense of the constitution of North ( ai'olina? A. No. 


Mr. R. B. SUMMERS testified as follows: 

Dii’ect examination by iMr. .1. .1. Britt: 

Your name is R. B. Summers?—A. Yes. 

Where do vou live?—A, Shilo. 

What is your age?—A. Twenty-five. 

Did you vote Novembei’ 2. 1920?—A. Yes. 

For whom did you vote for ('ongress?—A. Mr. Doughton. 
last your taxes for 1919?—A, No. 

Pav any ])oll tax?—A. No. 

Every make application to the l)oard of county commissioners to be ex- 

O Ever receive any exemptifui?—A. No: T understood tlie Repul)!.cans and 
Democrats had a ])roi)osition you did not ha^e to pay youi ])o11 tax. 

(). Did anyboily ever tell yon that the Republicans and Democrats could di.s- 
of the constitution of North ( arolina? A. No. 

Cross-examination by Mr. Lewis: 

Q. Did you ever have an agreement, solemn or light, with contestant Camp¬ 
bell?—A. No. 


Q. 

Q. 

Q. 

Q. 

(>. 

Q. 

Q. 

Q. 


Mr. R. C. TUCKER testified as follows: 

Direct examination by IMr. .T. J. Britt: 

Q. What is your name?—R. C. Tucker. 

Q. What is your age?—A. Thirty-five; 

Q. Did you vote at the eUndion November 2? A. les. 
Q, Did .vou vote for R. L. rtoughton? A. Yes. 

Q. Did you list your taxes for 1919?—A. Yes. 


s 




362 


(’AMPBELL VS. DOUGHTOX. 


Q. I>id you pay your taxes for that year?—A. Yes. 

Q. Pay a poll tax?—A. Yes. • 

i}. When (lid you i)ay it?—A. I don’t mind just when. - 
(j. Have you a receipt?—A. Yes. 

Q. Will you let me have the receipt? Did you pay the money to the tax col¬ 
lector?—A. Gave a check. 

Q. How much did you J 2 :ive?—A. Sixteen dollars and some cents. 

Q. That included poll tax ami all?—A. Yes. 

Q. Did you i)ay it to INIr. Alexander, the sheriff?—A. Yes; I paid him. 

Q. AVhat is that date?—A. iNIarch 22. 

Q. How lonju had you lived in Shilo?—A. I moved here year before last, in 
Sei)teml)er or November. 

Q. Where did you move from?—A. Out here outside of Statesville. 

What was the date you moved?—A. September a year a^jo. 

Mr. r. H. MOKKOS te.<^titied as follows: 

Direc't exainination hj^ Mr. .T. .T. Britt: 

Q. Your name is G. B. IVIorros?—A. Ye.^^. ‘ 

i}. Where do you live?—A. Shilo. 

Q. How old are you?—A. Twenty-eijiht. 

Q. Did you vote in the November election?—A. Yes. 

Q. For whom did you vote for Goiiftress?—A. U. Jj, Dous'liton. 

Q. Idd you list your taxes for 1919?—A, No. 
t}. Pay any poll tax?—A. No. 

<}. What (lid you say your aj;e is?—A. Twent.v eight. 

(j. Did you make any ai>])lication before the county commissioners for exemp¬ 
tion?—A. No. 

Gross-examination by Mr. Turner: 

Q. You wei-e a soldier in the war?—A. Yes. 

Wlien were you discharged?—A. February 17. 

Q. You understand the soldiers were c^xempt from tlie payment of poll tax?— 
A. Yes. 

Mr. FRED iNRLATN testified as follows: 

Direct examination by Mr. J. .1. Britt : 

Q. Your name is Fred McLain?—A. Yes. 

Q. AVhere do you live?—A. Barringer Township. 

Q. What is your age?—A. Twenty-eight. 

Q. Did you vote November 2?—A. Yes. 

Q. For whom for Gongress?—A. Doughton. 

Q. Did you list your 1919 taxes?—A. Yes. 

Q. Pay your taxes for that year?—A. Yes. 

Q. Have you a receipt?—A. Yes. 

Q. Will you i)lease show it?—A. Yes. 

Q. Tax receipt seems to he suflicient. How long had you lived in that pre¬ 
cinct?—A. I don’t know exactly the date; around 28 years. 

IVIr. YILEY LENTZ testified .as follows: 

Direct (examination by Mr. .1. .1. Britt: 
fi. What is your name?—A. Yiley Lentz. 

Q. IVhat is your age?—A. Forty-four. 

i.i. Where do you live?—A. Barringer Township. 

Q. How long have you lived there?—A. Five years. 

Q. r>id you vote in the November election?—A. Yes. 

Q. Who for Gongress?—A. R. L. Doughton. 

Q. Did you list your 1919 taxes?—A. Yes. 

Q. Jlid you pay youi- poll tax for that year?—A. No. 

(). Did you make application to the commissioners for exemption?—A. No. 
Cross-examination by Mr. Lewis : 

Q. You know that the Republican Party and Democratic Party, through their 
various chairmen, had enteriHl into a written agreement whereby no person’s 
vote would be challenged on the nonpayment of poll tax?—A. I did. 




CAMPBELL VS. D()IT(;hT()N. 


363 


Kedirwt exaiiiiiiatioii. 

L>. \<)u never had any eonversatinn with the contestant, (’ainnhell, about 
beinjr released did you?—A. No. 

Nobody e\ei t(dd you the Ftepuhlicans or Democrats could waive the con¬ 
stitution of the State of North Carolina?—A. No, sir. 

Mr. M ILLIA]\[ KELK testitied as follows: 

Direct examination by ]Mr. J. .T. Bkitt : 
i}. Your name is William W. Belk?—A. Yes. 

Q. M here do you live?—A. Barringer Township. 

How long have .vou lived there?—A. About 18 months the last time: I’ve 
lived there on and oft all my life. 

Q. IVhere did you move from to there?—A. Rowan County. 

("an you give me the exact date when you did move from Rowan?—A. 
I.ast August, 1919. 

(}. And you voted there November 2 election?—A. Yes. 

Whom for Congress?—A. Doughton. 

Q. Had you listed your taxes?—A. l^es. 

(h Did you pay your poll tax?—A. l"es. 

Q. Have .you a receipt?—A. Yes. 

(}. Can you read it. the date of payment?—A. I can’t read it except the year, 
but I know it was paid October 31. 

What year?—A. 1919, 
i}. That includes your j)oll tax?—A. Yes, 

Does that appear on this receipt?—A, \"es; taxes for 1919. 

Mr. CLY'DE lAPPARD testitied as follows: 

Direct examination by Mr. J. .1. Britt: 

(). Your name is (dyde Lippard?—A. Yes. 

Q. How old are you?—A. Twenty-five. 

Q. IVhere do you live?—A. Barringer Township. 

Q, Did you vote there last election?—A. Yes. 

Who for Congress?—A. R. L. Doughton. 

Q. How long have you lived there?—A. From the 1st of January, 1919. 

Q. Continuously?—A, Up until two weeks ago. 

Q. P’or whom did yon vote for Congress?—A. R. L. Doughton. 

Q. Did you list your taxes?—A. l>s, 

•Q. Did vou pay your poll tax?—A. Y"es. 

Q. When?—A. March 10, 1920. 

Q. Have you your receipt?—A. l"es. 

Mr. NATHIAN BLACKWELDER testitied as folloAvs: 

Direct examination by Mr. J. J. Britt: 

Q. Your name is Nathian Blackwelder?—A. Yes. 

Q. AVhere do you live?—A. Barringer Township. 

Q. Did you vote there last election?—A. Y'es. 

Q. For whom for Congress?—A. Doughton. 

Q. How long had you lived in the township?—A. All my life—27 years. 

Q. Did you list your 1919 taxes?—A. Yes. 

Q. Pay your poll tax?—A. Sure. 

Q. What date did you pay them?—A. Along in April. 

Q. Have you your receipt?—A. Yes. 

Q. Was it the year 1920 you paid it?—A. Yes. The deputy sheriff came around 
and collected them. 

Q. I’^ou understand this receipt to be paid April 29, 1920?—A. Yes. 

Mr. O. L. BROWN testified as follows: 

Direct examination by Mr. J. J. Britt: 

Q. Y"our name is O. L. Brown?—A. Yes. 

Q. Where do you live?—A. Barringer Township. 

Q. Did you vote there November 2?—A. Yes, 

Q. For R. L. Doughton for Congress?—A. Yes. 

Q. How long have you lived there?—A, Since April 1, 1920. 

Q. A\’here did you move from?—A. Buncombe County. 





364 


(’AMPBKLL VS. DOUGHTOX. 


(^, Did you pay your poll tax?—A. No, 

Xeitlior in Iredell or Buncombe?—A. No. 

(}. You say you moved there April 1?—A. Yes. 

(^. How loiifi' did you live in Buncombe?—A. About a year. I don't know .iust 
how long I lived there. 

Q. Y’^ou moved here last Apidl and you think you had been in Bunconibe a year 
before that time?—A. Yes. 

Q. Have you any idea as to when you came into the State?—A. I have lived 
here all my life. 

Q. Y'ou have lived in North Carolina all your life?—A. Y'^es. 

(J. Did vou move from Buncoml)e down here about the 1st of April, 1920?—A. 
Yes. 

Q. Did you list your poll tax in Buncombe that year?—A. Y'es. 

But you did not pay them?—A. No. 

Q. You never made any aj)plication to be exempt?—A. No. 

Cross-examination by Mr. Tuener : 

Q. You paid in Buncombe?—A. No. t • 

i]. Made a return?—A. Y^es. 

Q. Did you pay your taxes?—A. Y>s; but not before May 1. 

(,>. You knew oi this agreemcnf betwe(Mi rbe twt> parties?—A. Yes. 

:\Ir. AV. H. AUTlirUS testilied as follows: 

Dir(‘ct examination by Mr. .1. .1. Britt: 

(,|. Youi’ name is W. H. Ai-thurs?—A. Yes. 

(>. M'here do you live?—A. Barringer Township. 

(,). Did you vote theiT at tlu' November election?—A. Y’es. 

(j. Did you xote for li. L. Doughton?—A. Yes. 

(,). How long have you lived theiv?—A. About 10 or 12 years. 

Q. Did you list your 1919 taxes?—.\. 1 never got them paid last year. 

(). 1 asked you if you returned oi‘ listed any taxes?—A. 1 made my return. 

(h Did y<m pay them?—A. No: I got hurt. 

(h Did not ])ay tbem on or before May 1?—A. No. 

Q. Did you make any ai)plication to get exempted'?—A. No. 

• ('ross-examination by Mr. Turner: 

(y You knew about this agreement?—A. Y^es; they said they made an agree¬ 
ment not to challenge on either side. 

Redirect examination. > 

(). Dr. (’ampbell did nor say anything to you about it'?—A. 1 don't know him. 

Air. .1. H. I’HIFKR testilied as follows: 

Dirt'ct examination by Mi-. .1. .1. Britt: 

I’niir name is .1. H. Phifer?—A. Y>s. 

(F AA'here do you live'/—A. Shilo. 

(y How old are you'?—A. Thirty-four, 

(). Did you Vote last year?—A. Yes. 

(y For R. L. Doughton'?—A. Y^es. 

List your taxes'?—A. Yes. 

(i. Paid your i)oll tax'?—A. YY‘S. 

(F On what date'?—A. Alarch (i, 1920. 

<F Have you yom- tax receipfi*—A. Y'es. 

(y Did you ])a.v it yourself?—A. Aies. 

Air. R. AIcl'ONDLK testified as follows: 

Dii-ect examination by All-. .1. . 1 . Britt: 

(). What is your name'?—A. R. C. AlcCondle. 

AVhere do you live?—A. Barringer Township. 

Q. Did you vote in the N(o-eniber election?—A. Y^es. 

(F Who did you vote for for Congi-ess'?—A. Straight Democratic ticket. 

Q. How long have you lived there'?—A. Sixteen years. 

(]. Did you list yom- 1919 taxes?—A. Y"es. 

(]. Pay your ])oll tax for that yi'ar?—A. Yes. 

D. Did you pay it yourself'?—A. I gave a check; I could have lirouglit the 
'check. 




(’AMPBELL VS. DOUGHTON. 


365 


.\[r. S. L. iM()()KE tostitiod as Bdllows: 

Direc-t exaiiiiiiation by Mi-. .T. J. P>iutt: 

CJ. Wluit is your name?—A. S. L. iNIoore. 

(J. \N here do you live?—A. I>arrinj;er Township. 

Did you vote there in the November election?—A. Yes. 
ii. Who for ('onuress?—A. U. L. Doiiifhton. 

(i. How lonii- have you lived there?—A. All my life. 

C>. hat is your a^e?—A. Thirty-seven. 

(,>. Did you list your taxes for 1919?—A, Yes. 

(,). Did you pay your poll tax?—A. Yes. 
i}. Have .V(»u your rc'ceiiir?—A. Yes. 

Q. Did you pay the tax direct .yourself?—A. Yes. 

Q. You remember when you paid it?—A. On the 1st of IMarch. 

Mr. FRED OAVENS testilied as follows; 

Direct examination b.v Mr, .1. .1. Britt : 

Q. Your name is Fred Owens?—A. Yes. 

Q. W’here do you live?—A. Barringer Township. 

Q. How long?—A. Six years. 

Q. How old are you?—A. Forty. 

Q. Did you vote November 2, 1920?—A. Yes. 

Q. AVho for Congress?—A. Doughton. 

Q. Did you list your 1919 taxes?—A, Yes. 

Q. Did you pay it befoi'e May 1?—A. Yes. 

Q. Have you a receipt?—A. Yes. 

Q. Did you pa.v it yourself?—A. Yes. 

Q. Do you remember the date of payment?—A. December 22, 1919. 

IMr. B. D. SHINN testified as follow's : 

Direct examination by Mr. J. .1. Britt : 

Q. Your name is B. L. Shinn?—A. Yes. 

Q. How old are you?—A. Twenty-four. 

Q. Did you vote in the last election?—A. Yes. 

Q. For R. L. Doughton?—A. Yes. 

Q. Had you given in any taxes?—A. Yes. 

Q. Did you pay your poll tax before Alay 1?—A. Yes. 

Q. Have you a receipt?—A. Yes. 

(}. Do you remember the date of payment?—A, November 3 or December 3. 
Q. W^hat year?—A. It is on there; you can see. 

Q. This is December, 1918. Have you another? This receipt bears the date 
of November 25, 1919. Did you pay it yourself?—A. I sent the check up here. 
I have the old check here; the sheriff sent me a receipt. 

Mr. ALVIN SHINN testified as follows: 

Direct examination by IMr. .1. J. Britt : 

Q. AVhat is your name?—A. Alvin Shinn. 

Q. Where do you live?—A. Barringer Township. 

Q. Did you vote November 2?—A. Yes. 

Q. For R. L. Doughton for Congress?—A. Yes. 

Q. Did you pay your poll tax?—A. Yes. 

Q. Have you a receipt?—A. Yes; I have receipt and check—both. 

Q. Do you remember the date of payment?—A. November 22, 1919. 

Mr. W. A. SLOOP testified as follows; 

Direct examination by Mr. ,T. .1. Britt : 

Q. What is your name?—A. W. A. Sloop. 

Q. Do you live at Barringer?—A. Yes. 

Q. Did you. vote there November 2?—A. Yes. 

Q. Had you listed any taxes?—A. Yes. 

Q. Did you pay your poll tax befoi-e May 1?—A. Yes. 

Q. Have you a receipt?—A. Yes. 

Q. Did you pay it in person?—A. Yes. 

Q. Do voii remember the date?—A. December 10, I think. 

Q. Of what year?—A. 1919. 




366 


ClAMPBELL VS. DOUGHTOX. 


Mr. T. C. SHINN testified as follows: 

Direct examination by IVIr. J, .1. Beitt : 

Q. Your name is T. C. Shinn?—A. Yes. 

Q. Do you live in Barringer?—A. Yes. 

Q. You vote<l November 2?—A. Yes. 

Q. For K. L. Dough ton?—A. Yes. 

Q. How long have you lived there?—A. All my life. 

Q. Did you pay your poll tax befoi'e INlay 1?—A. Yes. 

Q. Have you a receipt?—A. Yes; November 25, 1919. 

(i. What do von sav the date is?—A. November 25, 1 think. 

Q. 3919?—A. Yes. 

.Mr. LON WEST :mOKKLAND testified as follows: 

IMrect examination by Mr. .T. .1. Britt: 

Q. liOn West ^loreland is your name?—A. Yes. 

Q. Do you live in Barringer?—A. Yes. 

Q. Did you vote November 2, 1920?—A. Yes. 

Q. And for iNIr. Doughton?—A. Yes. 

(y IVhat is youi- age?—A. Thirty-seven. 

(). Had you given in any taxes for 1919?—A. Yes. 

Q. Did you pay your poll tax?—A. Yes. 

(}. On what dav did vou i)av it?—A. ^Nlarch 4. 

(}. IVhat year?—A. 1919. 

Q. M’as it in 1920?—A. Yes. 

:Mr. BRUCE WEST testified as follows: 

Direct examination by iMi’. J. .1. Britt: 

(y Your name is Bruce IVest?—A. It is. 

(y How old are you?—A. Twenty-five. 

(y Did you list any taxes?—A. No. 

Q. Pay any poll tax?—A. No; I was in the Army. 

(y Did y<*u ever make any application to get exempted?—A. No. 

(y Have you any written evidence of exemption?—A. No. 

Cross-examination by ^Ir. Ttjrxer : 

Cy You were a soldier in the Army?—A. Yes. 

(y IVhen were you di.scharged?—A. June 22, 1919. 

(y You did not make a i-eturn because you wei'e in the Army?—A. Yes. 

(y You knew the soldiers wen* ex(Mni)ted by the commissioners from the 
payment of poll tax?—A. Yes. • 

]\Ir. W'. D. IVALLER testified as follows: 

Direct examimation by ]Mi‘. J. J. Britt: 

(y Your name is W. D. Waller?—A. Yes. 

(y Did you vote in the November election?—A. Yes. 

Q. For R. L. Doughton?—A. Yes. 

Q. lYhat is your age?—A. Twenty-four. 

(y Had you given in any taxes?—A. No: I was in the Army. 

Q. You did ikT pay any poll tax?—A. No. 

(y Did you ever make application to get exempted?—A. No. 

(y You have no written evidence that they exempted you?—A. No; I don’t 
know that I have. 

(y You .say you have no pai)er .showing they exempted you?—A. No, 

(}. You voted for R. T.. Doughton?—A, Yes, 

Cross-examination by IMr. Tiuiner : 

(). When were you discharged?—A. .Tune 21. 1919. 

(y You knew that the commissioners had exempted soldiers from the pay¬ 
ment of poll tax?—A. Yes. 

North Cajjolin.v, Iredell Count!/: 

T, .1. A. Stewart, notary i)uhlic in and for the county of Iredell, as commis¬ 
sioner of testimony in the hearing of James I. Campbell, contestant, and 
Robert I.. Doughton, contestee, do hereby certify that the above transcriiit of 




('AMPRKLL VS. DOUGHTON. 


367 


evidence )ty ]Mrs. .Folni H. Bolton, as steiiOJUTaplier, who was duly sworn by me, 
is a’true and correct copy of evidence produced before me as coininissioiier of 
testimony at SGitesville, X. (\, l)e,i;iin on the Ttb day of INIarcb, 19*21. 

[sKAi..] j Stkwaet. 

Xofai i/ Public and CoinniLs.sioncr of Testinionij. 
]N[y commission exi)ires October 2(1, 1922. 


Statksv tlle, N. C. 

The bearing.*: in the con.uressional contest of .fames I. Cami)l)ell r. Robert L. 
Doiij^bton i-econvene<l on Friday afternoon, Marcli 11, 1921, at 2 o’clock. 

Mr. L. K. FirSTOX^, a witness introduced by the contestant, bein.it first duly 
sworn, testified as follows: 

Direct examination by Mr. Dumx : 

(). Your name is L. K. Hnston?—A. Yes, sir. 

(}. AVbej’e do yon liveV—A. Sbilob. 

(}. How lonit have you lived there?—A. All my life. 

(i. Did yon vote at the election of Xovember 2, 1920?—A. Yes, sir. 

Who did yon vote for foi’ ('onirress?—A. Mr. Donghton. 

Q. What is yonr age?—A. Twenty-seven. 

Q. Did yon make a tax return for the year 1919?—A. Yes, sir. 

Q. Did yon pay yonr poll tax for the year 1919 on or before May 1, 1920?— 
A. Xo, sir. 

Cross-examination by Mr. Lewis: 

(J. Yon say yon vot(‘d for Mr. Donghton?—A. Yes, sir. 

(). Yon knew («f this agreement having been made between tlie T)emocratic 
Party and the R(‘i)nl)lic;in Party by the two chairmen in Iredell County not to 
challenge for nonj»ayment of poll tax?—A. Yes, sir. 

Q. And tVn- that reason yon went and voted, thinking yon voted legally?—A. 
Yes, sir. 

Redirect examination by ]Mr. Dulin : 

Q. Yon never beard of Dr, Campbell being a party to that contract?—A. 
Xo, sir. 

Mr. W. 1>. HCSTDX, a witness introduced by the contestant, being first duly 
sworn, testitied as follows: 

Direct exaniination by Air. Dulin: 

(f. Yonr name is AA\ L. Hnston?—A. Yes, sir. 

Q. AA'bei'e do yon live?—A. Sbilob. 

Q. How long have yon lived tliere?—A. Thirty-one years. 

(^. Did you vote in the electi<»n of Xovember 2, 1920?—A. Yes, sir. 

(}. Wboin did yon vote for for Congress? —A. Air. Donghton. 

Q. Your age is 81 ?—A. Yes, sir. 

C}. Did yon make a tax return foi- 1919?—A. Yes, sir. 

(,). Did you pay yonr jxdl tax for the year 1919 on or before Alay 1, 1920?— 
A. I did not. 

(b-oss-examination by Air. Lewis: ' 

Q, Yon knew of this agreement having been entered into between the two 

—the managers of each i)arty—not to challenge on the ground of non¬ 
payment of })oll tax?—A, A"es. sir. 

Q. Tliereby legalizing all voters who bad not paid their poll tax?—A, Yes, 
sir. 

Redirect examination by Air. Dttlin: 

(}. A'on d(tn’t know, of your own knowledge, whether Dr. Campbell was a 
party to that agreement?—A, I don’t know. 

Air. .1. I.. BUSTLE, a witness introduced by the contestant, being tirst duly 
sworn, testified as follows: 

Direct examination by Air. Dulin: 

(). Abmr name is .1. L. Bustle?—A. Yes, sir. 

() Where do von liv(*?—A. (’oncord Township. 

() H(ov long iiave y(.n lived theiv?—A. Ever since .Tannary 2, IbU). 

o’ Did you vote at the election oi' Xovember 2. 1920?—A. Yes, sir. 


368 


CAMPBELL VS. DOUGHTOX. 


CJ. Wlioiii (ii([ vdu vote for for ('on.uressV—A. U. Ij. Doiigliton. 

<Q. WhjiT is yoin- ajieV—A. Thirty-seven. 

i}. Did yon’inake a tax return for 1919V—A. No, sir. 

Ch Did yon jaiy a poll tax?—A. I ne\er i»aid a poll tax in iny life. 

Cross-examination hy Mr. Lewis: 

C, }’. Yon Inne been a cripple from birth, haven’t yon'?—A. Y'es, sir. 

D. Were y«»n exempted hy the coininissioners of Iredell County for that rea- 
•son;—A. Yes, sir. 

Q. They issued a certiticateV—A, Yes, sir. 

iJ. Do yon know where that certificate isV—A. At home. 

Ch It has never been i-evokedV—A. No, sir. 

Q. Yon are now exemiitV—A. Yes, sir. 

Ch Y’on are not able to work?—A. Can’t work any at all. 

I\Ir. CLYDE HUSTLE, a witness introduced by the contestant, being first 
dniy sworn, testified as follows: 

Direct examination by ]Mr. Dltlin : ' 

V. Yonr name is Clyde HustleV—A. Yes. sir. 

Where do yon live?—A. (’oncord Township. 

Q. How long have yon lived there?—A. Four years. 
i}. Did yon vote in the election of Noveinlier 2, 1920?—A. Yes, sir 
For whom did yon vote for Congress?—A. Mr. Donghton. 
i}. What is yonr age?—A. Twenty-nine. 

<'J. Did yon make a tax retmai for 1919?—A. Yes, sir. 

Q. Did yon pay yonr poll tax on or before ^Nlay 1. 1920?—A. Yes, sir. 

Q. Have yon got yonr tax receipt?—A. Yes, sii*. 

<2. Let’s see it, jilease. 

(W’itness produces rec'eipt.) 

Mr. C. C. HLANKENSHIP, a witness introduced by the contestant, being 
first dnly sworn, testifies as follows: 

• Ipirect examination by ]Mr. Duhn : 

C- Ybnir name is C. C. Hlankensbip?—A. Y>s, sir. 

Wliere do yon live?—A. Concord. 

How long have yon lived in (’oncord precinct?—A. Ever since birth. 

C'. Did yon vote in the election of November 2. 1920?—A. Y"es, sir. 
nL For it. L. Don.ghton for Congress?—A. Y'es, .sir. 
i}. What is yonr a.ge?—A. Twenty-two. 

I'L When were yon 22?—A. The 11th of last December. 

<!,!>. I hd yon pay a jioll tax for the year 1919?—A. No, sir. 

Cross-examination by IMr. Lewis: 

Q. Y’on jnst became 21 years of age on December 11, 1919?—A. Y’es, sir. 

Q. Yon were too young to make a tax i-etnrn for 1919?—A. Yes, sir. 

Mr. K. A. CLINTON, a witness introdnced by the contestant, being fir.st duly 
sworn, testifies as follows: 

Direct ‘examination by Mr. Dunix : 

Q. Your name is IL A. Clinton?—A. Y’es, sir. 

O- M’here do you live?—A. Concord Township. 

Q. H(vw long have you lived there?—A. About a year and a half. 
ii. Where did-you move from to Concord Township?—A. Sharpwood Town¬ 
ship, Iredell County. 

Q. How long have you lived in the State?—A. All my life except six months. 
Q. Did yon vote at the election of November 2, 1920?—A. Yes, sir. 

Q. For R. L. I>onghton?—A. Yes, sir. 

Q. Wliat is yonr age?—A. Twenty-four. 

Ch Did you make a tax return for 1919?—A. Y’es, sir. 

Q. Did you pay yonr poll tax for 1919?—A. Yes, sir. 
i}. On or before May 1. 1920?—A. I’^es, sir. 

Q. Have you your tax receipt?—A. I have the check. I destroyed the tax 
ixx-eipt. 

Q. You have the check stub?—A. Y"es, sir. 


CAMPBELL VS. DOUGHTON. 


369 


Q. Do you know whether poll tax was charged on your tax receipt?—A. Yes, 
sir; $3.75. 

Cross-examination by Mr. Lewis : 

Q. You made your tax return in Sharpesburg Township?—A. Yes, sir. 

INlr. C. E. PiK^^TN, a witness inti-oduced by the contestant, being first duly 
sworip testifies as follows: 

Direct examination by Mr. Dulin : > AC'> 

Q. Y'our name is C. E. Erwin?—A. Yes, sir. ■’ 

Q. Where do you live?—A. Concord Township. 

Q. How long have lived there?—A. All my life. ' 

Q. Did you vote at the elecion of November 2, 1920?—A. Yes, sir. 

Q. Whom did you vote for for Congress?—A. Mr. Doughton. 

Q. What is your age?—A. Thirty-two. 

Q. Did you make a tax return for 1919?—A. Y"es, sir. ' 

Q. Did you pay your poll tax?—A. Y^es, sir. ' 

Q. For 1919, on or before May 1, 1920?—A. Yes, sir. 

Q. Have you got your tax receipt?—A. Yes, sir. • 

Q. Let me see it, please. i 

(Witness produces receipt.) 

Q. Did you pay this all at the same time?—A. No, sir. 

Q. Did you pay this amount written on the margin on the date that is en¬ 
tered here?—A. Yes, sir. 

Cross-examination by Mr. Lewis : 

Q. You paid your poll tax on the 30th day of April, 1920?—A. Yes, sir. 

l\Ir. L. C. ERP, a witness introduced by the contestant, being first duly sworn, 
testifies as follows: 

Direct examination by Mr. Dulin : 

Q. Your name is L. C. Erp?—A. Yes, sir. 

Q. Where do you live?—A. In Concord Township. 

Qv How long have you lived there?—A. A little over a year. 

Q. Where did you move from to Concord Township?—A. From Turhersburg 
Township. 

(2. How long have you lived in the State?—A. All my life. 

(}. Did you vote in the election of November 2, 1920?—A. Yes, sir. 

(5. Whoaii did you vote for for Congress?—A. Mr. Doughton. 

Q. What is your age?—A. Fifty-one. 

Q. Did you pay jmur poll tax for 1919?—A. No, sir. 

Cross-examination by Mr. Lewis : 

Q. Are you exempted by the county commissioners of Iredell County because 
of physical infirmity?—A. Yes, sir. 

Q. Have you your exemption certificate with you?—A. Yes, sir. (Produces 
certificate.) 

Q. “ Ordered by the board that L. C. Erp be released from paying poll tax on 
account of bodily infirmity. M. E. Ramsey, R. D., for county commissioners.” 
This was issued to you while he was register of deeds?—A. Yes, sir. 

Q. Has it ever been revoked?—A. No, sir. 

Q. You are marked exempt each and every year on the —— book of Iredell 
County?—A. Yes, sir. 

Mr. M. N. GIBSON, a witness introduced by the contestant, being first duly 
sworn, testifies as follows: 

Direct examination by Mr. Dulin ; 

Q. Your name is M. N. Gibson?—A. Yes, sir. 

,Q. AVhere do you live?—A. Concord Township. 

(') How long have you lived there?—A. Since ^lay 1 last year. 

(). Did you vote in C^uicord Precinct on November 2. 1920?—A. Yes, sir. 

Q. AVhom did you vote for for Congress?—A. A. R. L. Doughton. 

Q. What is yoiir age?—A. Forty-four. 

Q. Did you pay your poll tax for 1919?—^A. I did not. • i 


■24 




370 


CAMPBELL VS. DOUGHTON. 


Cross-examination: 

Q. Mr. Gibson, where did you live during the year 1919?—A. In Alexander 
County. 

Q. Did you make a poll tax return there? Or are you exempt from the pay¬ 
ment of poll tax?—A. I am. 

Q. On account of being paralyzed from birth?—A. Leg and arm. 

Q. You have an exemption from Iredell and one from Alexander County?—A. 
Yes, sir. 

Q. You made a tax return' and paid it? — A. Yes, sir. 

Q. “ Ordered by the board of county commissioners that M. N. Gibson be re¬ 
leased from poll tax on account of infirmity. This order to remain in full 
force and effect until revoked by the board. November 3, 1919.” Where is the 
one from Iredell?—A. I haven’t got that. 

Q. When was it issued?—A. 1898. 

Q. Your poll tax was marked off your tax in Alexander County? — A. Yes, sir. 

Q. It had been charged against you and you got that order and released it in 
November, 1919? — A. Yes, sir. 

Q. Your poll tax had been charged to you in Alexander County and you got 
that order from the commissioners? — A. Yes, sir; I think in November, 1919. 

Redirect examination by Mr. Dulin : 

Q. Have you an exemption certificate from the board of commissioners of 
Iredell County?—A. Yes, sir. I haven’t got it with me, but I have one. 

Q. What is the date of it? — A. 1898. 

Q. Is it for a year or-A. It is permanent. This here one was to be until 

revoked. 

Mr. J. P. HUSTON, a witness introduced by the contestant, being first duly 
sworn, testifies as follows: 

Direct examination by Mr. Dulin : 

Q. Your name is .1. P. Huston? —A. Yes, sir. 

Q. Where do you live? — A. Concord Township. 

Q. How long have you lived there?— A. I have lived there about 10 years; 
with the exception of 11 months. 

Q. Where were you the 11 months? — A. Bethany Township. 

(^. Did you vote at the election of November 2. 1920?—A. Yes, sir. 

Q. For whom did you vote for Congress?—A, R. L. Doughton. 

<}. What is your age?—A. Thirty-one. 

Q. Did you pay your poll tax for the year 1919?—A. Y"es, sir. 

Q. Did you make a tax return for 1919?—A. Yes, sir. 

Q. Have you your receipt? — A. I haven’t it with me; it is at home. It is 
dated the 18th of INIarch. 

Q. What year? 1919?—A. 1920; in the spring. 

Q. Have .you an independent recollection of the tax receipt, as to when you 
paid it? — A. Yes, sir; the 18th of March, 1920. 

Cross-examination by Mr. Lewis : 

Q. You made your poll-tax return in Bethany Township?—A. Yes, sir. 

Q. l"our tax is paid there? — A. Yes, sir. 

IMr. T. S. LACKEY, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr, Dulin : 

Q. Your name is T, S. Lackey? — A. Yes, sir. 

Q. Where do you live?—A. Concord Township. 

(i. How long have you lived there?—A. Be a year the 15th of March. 

Q. How long have you lived in the State?—A. All my life. 

(}. Did you vote at the election of November 2, 1920?—A. Yes, sir. 

(}. Did you vote for R. I^. Doughton for Congress?—A. Yes, sir. 

Q. What is your age?—A. Thirty. ' 

Q. Did you make a tax return for th.e year 1919?—A. Yes, sir. 

Q. Did you pay your poll tax for the year 1919 on or before the 1st day of 
May, 1920?—A. Yes, sir; paid it 1920, March 25. 

Q. Have you a receipt?—A. I have the check. I done away with the receipt; 
got the check where it has been cashed. 

Q. Do you know^ whether poll tax was charged on the receipt?—A. Y^es, sir. 



CAMPBELL VS. DOUGHTON. 


371 


Q. What is the amount?—A. $6.30. 

Q. $6 poll tax?—A. Yes, sir; in Alexander County. 

Mr. W. C. T..\CKEY, a witness introducetl by the contestant, beine first duly 
sworn, testifies as follows: 

Direct examination by Mr. Dulin : 

Q. Your name is W. C. Lackey?—A. Yes, sir. 

Q. Where do you live?—A. Concord Township. 

Q. How long have you lived in Concord Township?—A. A little over a year. 
Q. How long have you lived in the State?—A. All my life. 

Q. Itid you vote in the (‘lection of November 2, 1920?—A. Yes, sir. 

Q. Whom did you vote for for Congress?—A. R. L. Doughton. 

Q. What is your age?—A. Thirty. 

Q. Did you make a tax return for. 1919?—A. Yes, sir. 

Q. Did you pay your poll tax?—A. I did. 

Q. For the year 1919?—A. Yes, sir. 

Q. What date did you pay it?—A. February 6, 1920. 

Q. Have you got your tax receipt ?—A. I have. 

Q. Let me see it, please. 

(Witness produces receipt.) 

Q. Did you pay the amount that is on this?—A. I certainly did. 

Q. What township did you pay it in?—A. Shiloh. 

% 

Mr. T. E. MILLER, a witness introduced by the contestant, being first duly 
sworn, testifies as follows: 

Direct examination by Mr. DuniN : 

Q. Where do you live, Mr. Miller?—A. Concord Township. 

Q. Did you vote there in the election of November 2, 1920?—A. Yes, sir. 

Q. For whom did you vote for Congress?—A. Mr. Doughton. 

Q. How old are you?—A. Thirty-one. 

Q. How long had you lived in the precinct?—A. A little over a year. 

Q. Where did you move from when you moved there?—A. Shiloh. 

Q. Did you list your taxes for 1919?—A. Yes, sir. 

Q. Did you pay your poll tax for that year?—A. Yes, sir. 

Q. Have you a receipt?—A. Yes, sir. 

Q. Will you show it?—A. Sure. 

Q. What is the date of the payment?—A. December 15. 

Q. What year?—A. 1919. 

Cross-examination by Mr. Lewis : 

Q. Shiloh Township is in the State of North Carolina, county of Iredell?—A. 
Yes, sir. 

Mr. ,1. R. MURDOCK, a witness introduced by the contestant, being first 
duly sworn, testifies as follows: 

Direct examination by Mr. Britt : 

Q. Where do you live, Mr. Murdock?—A. Concord Township. 

Q. Did you vote at the election in November, 1920?—A. Yes, sir. 

Q. For whom did you vote for Congress?—A. R. L. Doughton. 

Q. What is your age?—A. lam 50. 

Q. When were you 50?—A. Last .Tuly. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. Yes, sir. 
Q. Have you a" receipt?—A. Yes, sir. 

Q. Show it, please, sir. 

(Witness produces receipt.) 

Q. What date did you pay it?—A. Eighteenth of November, 1919. 

Mr. J.* TILDEN MORRISON, a witness introduced by the contestant, being 
first duly sworn, testifies as follows: 

Direct examination by Mr. Britt: 

Q. Where do .vou live?—A. Concord Township. • • 

Q. What is your'age?—A. Forty-five. 

Q. How long have you lived in that township?—A. A year last November. 

Q. Where did you move from?—A. Olin Township. 


372 


CAMPBELL VS. DOUGHTON. 


Q. This county?—A. Yes, sir. 

Q. Did you vote in the November election?—A. Yes, sir. 

Q. For whom did you vote for Congress?—A. Mr. Doughton. 

Q. Did you list your taxes for 1919?—A. Yes, sir. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. Yes, sir. 
Q. Have you a receipt?—A. Yes, sir. 

Q. Do you remember the date of payment?—A. The 29th of November, 1919. 

Mr. W. O. MORRISON, a witness introduced by the contestant, being first 
duly sworn, testifies as follows: 

Direct examination by Mr. Britt: 

Q. Where do you live?—A. Concord Township. 

Q. How long have you lived there?—A. About 20 years. 

Q. What is your age?—A. Twenty-eight. 

Q. Did you vote at the November election?—A. Yes, sir. 

Q. Did you list your taxes for 1919?—A. No, sir. 

Q. Did you pay your poll tax for 1919?—A. No, sir. 

Q. Did you make any application for exemption personally?—A. I did not. 

Q. You have no receipt or evidence of exemption personally?—A. No, sir. 

Q. You were a soldier?—A. Yes, sir. 

Q. You went over to Prance and Germany?—A. No, sir; I didn’t go. 

Q. You were here at home?—A. Yes, sir. 

Q. You were a volunteer?—^A. Yes, sir. * 

Q. You were exempted by the commissioners of Iredell County?—A. Yes, sir. 

Mr. J. CLINT MORRISON, a witness introduced by the contestant, being 
first duly sworn, testifies as follows: 

Direct examination b.v Mr. Britt : 

Q. Where do you live?—A. Concord. 

Q. How long have you lived there?—A. All my life. 

Q. How old are you?—A. Thirty. 

Q. Did you vote at the November election?—A. Yes. sir. 

Q. Did you vote in person or by absentee vote?—A. I voted myself. 

Q. Did you list your taxes for 1919?—A. No, sir. 

Q. Did you pay any poll tax?—A. No, sir. 

Q. Did you make any application to be exempted from payment, person¬ 
ally?—A. No, sir. 

Cross-examination by Mr. Lewis : 

Q. You were a soldier in the United States Army?—A. Yes, sir. 

Q. Over in a foreign country?—A. Yes, sir. 

Q. When were you discharged?—A. June 20, 1919. 

Q. The commissioners of Iredell County exempted you from the payment 
of poll tax?—A. Yes, sir. I came down here to pay my poll tax and they said 
I didn’t have any to pay. 

Mr. W. ROSS MORRISON, a -witness introduced by the contestant, being 
first duly sworn, testifies as follows: 

Direct examination by Mr. Britt: 

Q. Where do you live?—A. Concord Township. 

Q. Did you vote at the election of November 2, 1920?—A. Yes, sir. 

Q. For whom did you vote for Congress?—A. Mr. Doughton. 

Q. How old are you?—A. Twenty-two. 

Q. Did you list your taxes for 1919?—A. No, sir. 

Q. Did you pay any poll tax?—A. No. 

Q. Did you make any personal application for exemption?—A. No, sir. 

Q. You haven’t any evidence of exemption in writing, personally?—A. No, 

sir. 

Cross-examination by Mr. Lewis : 

Q. You were 21 years of age January 29, 1920?—A. Yes, sir. 

Q. You were not old enough to make a tax return for 1919?—A. No, sir. 

Q. Therefore, you didn’t make one?—A. No, sir. 


CAMPBELL VS. DOUGHTOI^. 373 

Mr. J E RUB^TY, a witness introduced by the contestant, being first duly 
sworn, testifies as follows: 

Direct examination by Mr. Britt : 

Q. Where do you live?—^A. Concord Township. 

Q. Did you vote in the election of November 2, 1920?—A. I did 
Q. For whom did you vote for Congress?—A. Mr. Doughton. 

Q. How old are you?—A. Twenty-five. 

Q. How long have you lived in the precinct?—A. All my life 
Q. Did you list your taxes for 1919?—A. I did not. 

Q. Did you pay any poll tax?—A. I did not. 

Q. Did you make any personal application to be exempted from the p’avment 
of poll tax?—A. I did not. 

Q. You have no written evidence of exemption?—A. No, sir. 

Cross-examination by Mr. Lewis: 

Q. You were a soldier in the United States Army?—A. Yes, sir. 

Q. When were you discharged?—A. July 23, 1919. 

Q. You were across in foreign countries?—A. Yes, sir. 

Q. You were exempted from the payment of poll tax by the county commis¬ 
sioners of Iredell County?—A. Yes, sir. 

Mr. C. R. STONE, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. BRirr: 

Q. Where do you live?—A. Concord. 

Q. Did you vote there in November, 1920?—A. Yes, sir. 

Q. For whom did you vote for Congress?—A. Mr. Doughton. 

Q. What is your age?—A. Thirty-four. 

Q. Did you list taxes for 1919?—A. Yes, sir. 

Q. Did you pay your poll tax for 1919?—A, Yes, sir. 

Q. Have you the receipt?—A. Yes, sir. 

Q. Will you please show it? 

(Witness produces receipt.) 

Q. Do you remember the date of payment?—A. December 23, 1919. 

Mr. R. S. STAIMPER, a witness introduced by the contestant, being first duly 
sworn, testifies as follows: 

Direct examination by Mr. Britt : 

Q. Where do you live?—A. Concord. 

• Q. Did you vote in the election of November, 1920?—A. Yes, sir. 

Q. For whom did you vote for Congress?—A. Mr. Doughton. 

Q. How long have you lived in the township?—A. Fifteen yeafs. 

Q. Did you list your taxes for 1919?—A. Yes, sir. 

Q. Did you pay your poll tax?—A. I paid $2 on my tax. 

Q. Have you a receipt?—A. No, sir. 

Q. What became of it?—A. I just paid $2 on the tax so I could vote. 

Q. When did you pay it?—A. In April. 

Q. What year?—A. 1920. 

Q. Y'ou are sure of that?—A. Yes, sir. 

Q. Did you pay it yourself, directly?—A. Yes, sir. 

Q. To whom?—A. The sheriff; borrowed the money from Mr. John Lewis; 
paid it so I could vote. 

Cross-examination by Mr. Lewis : 

Q. You live on my place, do you not?—A. Yes, sir. 

Mr. Lewis. Section 4 of Article VI of the constitution of North Carolina: 

“ Every person presenting himself for registration shall be able to read and write 
any section of the constitution in the English language; and before he shall be 
entitled to vote he shall have paid, on or before the first day of May of the year in 
which he proposes to vote, his poll tax for the previous year, as prescribed by 
Article V, section 1, of the constitution.” Article V, section 1: “ The general 
assembly shall levy a capitation tax on every male inhabitant in the State over 
21 years and under 50 years of age, which shall be equal on each to the tax on 
property valued at $300 in cash. The commissioners of the several counties may 
exempt from capitation tax in special cases, on account of poverty and infirmity. 


374 


CAMPBELL VS. DOUGHTON. 


and the State and county capitation tax combined shall never exceed $2 on the 
head.” 

Mr. W. A. MESNER, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Britt : 

Q. Where do you live?—A. Statesville, precinct No. 2. 

Q. Did you vote in the last election?—A. Yes, sir. 

Q. Did you vote by absentee or in person?—A. I voted myself. 

Q. Did you put your ballot in the box?—A. Yes, sir. 

Q. For whom did you vote for Congress?—A. Mr. Dough ton. 

Q. How old are you?—A. Twenty-eight. 

Q. Did you pay your poll tax for the year 1919?—A. No, sir, 

Q. Did you make any application for exemption, personally?—A. No, sir. 

Q. You do not hold any certificate of exemption?—A. No, sir. 

Q. Did you authorize anybody to cast any absentee ballot in your name?—A. 
No, sir. 

Q. Do you know any other Menser of exactly your initials?—A. No, sir. 

Q. Living here?—A. No, sir. 

Q. You didn’t authorize anybody to vote an absentee ballot for you?—A. 
No, sir. 

Q. Did you wife vote at the polls?—A. She was sick that day. She wasn’t here. 

Q. How far from the polls did she live?—A. Three miles. 

Q. Well, did she vote as an absentee voter?—A. I don’t khow wdiether she did 
or not. I wasn’t here but a short time that day, and I went back to my work in 
Rowan County. 

Q. You live in Rowan?—A. No, sir; I live in Iredell, but was down there at 
work. 

Q. You don’t know whether your wife voted?—A. I don’t know. 

Q. You never heard her say whether she voted?—A. No, sir. 

Q. Whether anybody came to the house and got her ballot?—A. I wasn’t there. 

Q. Where was she when you left?—A. At home. 

Q. She was up and about?—A. She was dragging around there in the house 
when I left. 

Q. You don’t know whether she voted?—A. No, sir. 

Q. How do you write your name?—A. T. J. 

Q. What is her first name?—A. Tempy .Tane. 

Q. That is the way she writes it?—A. Yes, sir. 

Cross-examination by Mr, Lewis : 

Q. Your wife was sick and not able to go out that day?—A. Yes, sir. 

Q. Do you know the chairman of the Republican executive committee and 
the chairman of the Democratic executive committee entered into an agreement 
not to challenge anybody on the ground of nonpayment of poll tax?—A. Yes, sir. 

Q. Did Mr. .Tohn M. Sharp, Republican chairman, ever tell you they had 
entered into that agreement?—A. Yes, sir. 

Q. Now, Mr. Sharpe is assisting Dr. Campbell to violate an agreement that he 
made, and told you he had made? 

Mr. Britt. I move that that be stricken from the record. 

(Counsel for the contestant reads into the record the following names of wit¬ 
nesses who have been duly subjjoenaed by contestant to testify on and in his 
behalf, to wit: Lloyd Elders, W, G. Henson, Vernon Sherrill, Espie Dishman, 
R. F. Lackey, M. B. Lewis, R. S. Moore. The subpoenas which were served and 
returned will be entered seriatim in the record, and we will ask for the penalty 
against each of these witnesses.) 

Mr. BUB WESTMORETiAND, a witness introduced by the contestant, being 
first duly sworn, testifies as follows : 

Direct examination by Mr. Britt : 

Q. From what precinct are you?—A. Barringers. 

Q. Did you vote at the last election?—A. Yes, sir. 

Q. For whom did you vote for Congress?—A. Mr. Doughton. 

Q. How long have you lived in Barringers precinct?—A. All my life. 

Q. Did you list your taxes for 1919?—A. Yes, sir. 

Q. Did you pay your poll tax for 1919?—^A. No. 


CAMPBELL VS. DOUGHTON. 


375 


Q. Did you make any application to get relieved?—A. No. 

Q. You have no certiticates of release?—A, No, sir. 

Cross-examination by Mr. Lewis : 

Q. Were you a soldier?—A. Yes, sir. 

Q. You knew of this agreement having been entered into by the chairmen of 
the different parties?—A. Yes, sir. * , 

(h Agreeing not to challenge anyone on the ground of nonpavment of poll 
tax?—A. Yes, sir. 

Q. You voted thinking your vote was entirely legal?—A. Yes, sir. 

Redirect examination by Mr. Beitt : 

Q. You never heard that Dr. Campbell had anything to do with that?—A. 
Dr. Campbell never gave me any information about it. 

Mr. E. B. STEVENSON, a witness introduced by the contestant, being lirst 
duly sworn, testifies as follows: 

Direct examination by Mr. Britt: 

Q. Where do you live?—A. Concord. 

Q. Did you vote at the election of November 2, 1920?—A. Yes, sir. 

Q. For whom did you vote for Congress?—A. Mr. Doughton. 

Q. What is your age?—A. Twenty-five. 

Q. Did you list your taxes for loio?—A. No. 

Q. You didn’t pay any poll tax for 1919?—A. No. 

Q. Did you make any application for discharge or exemption?—A. No, sir. 

Q. You have no written form of exemption for that purpose?—A. No, sii’. 

Cross-examination by Mr. Lewis : 

Q. You were a soldier in the United States Army?—A. Yes, sir. * 

Q. When were you discharged?—A. The 25th'of June, 1919. 

Q. The commissioners of'Iredell County exempted you from the payment of 
poll tax?^—A. Yes, sir. 

Mr. Britt. Counsel for contestant here offers for the record, to be kept by 
the court stenographer, as custodian, and held sub.iect for examination and use 
before the House of Representatives, to be returned to the proper custodian in 
Iredell County, all of the registration books, poll books, and other records of 
the votes registered, voted, and returned from the third precinct of the city of 
Statesville, and asks that their present custodian, whoever he may be, shall 
forthwith present them to the court reporter for such custody and keeping 
as herein set out, and that they have the proper markings as exhil)its as con¬ 
testant’s Iredell County exhibits. 

Mr. Lewis. This registration book has been in the hands of both the Demo¬ 
cratic attorney and the attorney for Dr. Campbell; and Dr. Campbell’s attorneys 
had said book for more than a week until this hearing on last IMonday, and 
on that day, in the morning, the book was turned over to me, the attorney for 
the contestee. That evening the book was produced in the hearing and given 
to the witness, Mr. John M. Sharp, while on the witness stand. Since that day, 
the attorneys for the contestee have not seen said book and do not know 
where the same is at the present time. 

Mr. Britt. Counsel for contestant ask that the tempoi-ary, or day, book of 
the sheriff, as tax collector, upon which the first, original, and temporary 
entries of the payment of poll tax are made, be produced in open bearing, 
marked as proper exhibit, kept in the custody of the court rejiorter, to be 
exhibited for use as a part of the evidence in the case, said book containing the 
original entries of the payment of taxes for the tax year 1919. 

Mr. Lewis. The contestee, Robert L. Doughton, resi)onding to tlie above 
statement, says that he nor his counsel are the custodians of the book de¬ 
manded by the contestant: that the powers of the court are open to them to 
subpoena the officers who have their custody to produce the books during the 
trial of this matter. 

(The hearing takes a recess until 10 a. m., March 12, 1921.) 

North Carolina, Iredell County: 

I, J. A. Stewart, notary public in and for the county of Iredell, as commis¬ 
sioner of testimony in the hearing of James I. Campbell, contestant, and Robert 
L. Doughton, contestee, do hereby certify toat the above transcript of evidence 


376 


CAMPBELL VS. DOUGHTON. 


by Miss Schaiik, as stenographer, who was duly sworn by me, is a true and 
correct coi)y of evidence produced before me as commissioner of testimony at 
Statesville, N. C., on the 11th day of March, 1921. 

[seal.] J. a. Stewart, 

Notary PuhUc and Commissioner of Testimony. 

My commission expires October 26, 1922. 

(Hearings resumed this the 12th day of IMarch, 1921, in the matter of James 
I. Campbell, contestant, and Robert L. Doughton, contestee, in the eighth con¬ 
gressional district of North Carolina, in Iredell, in the courthouse, before J. A. 
Stewart, commissioner of testimony and notary public. Appearing for con¬ 
testant, P. P. Dili in. For contestee, W. D. Turner, Lewis & Lewis, and Z, V. 
Long.) 

Mr. NELSON MORTON, being called by contestant, testilied as follows: 

Direct examination: 

Q. Where do you live?—A. I live in Union Grove Township. 

Q. How long have you lived in Union Grove Township?—A. Two years. 

Q. Did you make a tax return for the year of 1919?—A. Yes. 

Q. Did you pay your poll tax for the year 1919 on or before May 1, 1920?—A. 
Yes. 

Q. Have you got your tax receipt?—A. Got my tax receipt for last year, 1920. 

Q. Let’s see it. [Witness shows tax receipt.]—A. I was living in Turners- 
burg Township when I got it. 

Q. Whom did you vote for for Congress?—A. Doughton. 

Cross-examination: 

Q. You made your tax return for the year 1919 in Turnersburg Township?— 
A. Yes. 

Q. And this is your receipt? That shows you have paid it, April 20, 1920, 

Mr. J. M, DAVIS, being called by contestant, testified as follows: 

Direct examination: ' 

Q. Where do you live?—A. New Hope Township. 

Q. Were you subpoenaed to come here to-day?—A. Yes, 

Q. How long have you lived in New Hope Township?—A. I was born and 
raised there. 

Q. Did you make a tax return for the year 1919?—A. Yes. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. I didn’t 
pay any poll. 

Q. What is your age?—A. I am 54 years old. 

Mr. J. D. LUNSFORD, being called by contestant, testified as follows: 

Direct examination: 

Q. Were you subpoenaed to come here to-day?—A. Yes. 

Q. Where do you live?—A. Live in New Hope Township. 

Q. How long have you lived there?—A. Two years. 

Q. Did you make a tax return for the year of 1919?—A. Yes. 

Q. Did you pay yoiir poll tax for 1919 on or before the 1st of IMay, 1920?— 
A. Yes. 

Q. Have you a tax receipt?—A. No, sir. 

Q. How old are you?—A. Twenty-four. 

Q. Who did you vote for for Congress?—A. Doughton. 

Mr, J, V. SHOEMAKER, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. In Sharpesburg now, but haven’t been living there 
but about three months. 

Q. When did you move to Sharpesburg?—A. About three months ago. 

(). What date?—A. Well, I could not hardly tell you what date; I moved there 
in the fall—I think it was in November. 

Q. Where did you vote?—A. In New Hope. 

Q. How long did you live in New Hope?—A. I was born and raised there. 

Q. IMade a tax return for the year 1919?—A. Yes. 


CAMPBELL VS. DOUGHTO^s^. 377 

0 

on or before the 1st of May, 

1920?—A. No; I paid it May, 1919. 

Q. For whom did yon vote for Congress?—A. Doughton. 

Cross-examination: 

Q. Let me see your tax receipt. 

(Witness shows tax receipt.) 

Mr. A. H. ADKINS, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. Cool Springs Township. 

Q. How long have you lived there?—A. About four years. 

Q. Did you make a tax return for the year 1919?—A. Yes. 

Q. Did you pay your poll tax for the year 1919 on or before Mav 1, 1920?—A. 
Yes. 

Q. Have you a receipt?—A. No, sir. 

Q. Have you a distinct recollection when you paid it?—A. It was in No¬ 
vember. 

Q. November, 1919?—A. Yes. 

Q. Was it 1919 tax?—A. Yes. 

Q. For whom did you vote for Congress?—A. Doughton. 

Cross-examination : 

Q. You got a discount on your tax when you paid it?—A. Yes; got a discount. 

Mr. H. R. BARRIER, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. In Cool Springs. 

Q. How long have you lived there?—A. About 10 months, went there in April. 
Q. Where did you move from to Cool Springs?—A. Moved from Burke 
County. 

Q. You say you moved there in April?—A. Yes. 

Q. Did you make a tax return for the year 1919?—A. Yes. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. Yes. 

Q. Have you a receipt?;—A. Yes. 

Q. Let me see your receipt. 

[Shows attorney receipt.] 

Q. Did you-ever pay any money on this?—A. Yes. 

Q. Read this entry on there. What is this entry? Read that entry on your 
receipt is what I want. Did you read it?—A. Yes. 

Q. Read it to the stenographer.—A. “ Released for poll, soldier.” 

Q. Did you vote in the election of November 2, 1920?—A. Yes. 

Q. What is your age?—A. Twenty-six. 

Q.* Who did you vote for for Congress?—A. Doughton. 

Cross-examination: 

Q. The poll tax, $3, is marked on this rec-eipt. “ Received from Harry Barrier 
for his taxes for the year 1919 as follows: For poll tax, .$3; State tax, .$0.38; 
countv and school tax, $1.73; total tax for 1919, .$.5.11. (Signed) D. xV. .Johnson, 
sherife, per Scott, deputy sheriff, dated April 10, 1920.” Wei-e you in the 
Army?—A. Yes; have my discharge. 

Q. When you paid your tax did you get some back?—A. Yes; I think so. 

Q. Marked a rebate, and carried it in and got some money back?—A. Yes; 
carried it from the sheriff’s office across to the other office and got my money 
back. 

Q. Did you pay it?—A. Yes. 

Q. Did you get the money back the date that receipt bears?—A. The very 
date this receipt bears. 

Mr. G. L. GILLESPIE, being called by contestant, testified as follows: 
Direct examination: 

Q. Where do you live?—A. Cool Springs. 

Q. How long have you lived in Cool Springs?—A. All my life. 

Q. Did you make a tax return for 1919?—A. Yes. 


378 


CAMPBELL VS. DOUGHTON. 


Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. I paid it, 
but don’t think I paid it by the first—I have a receipt, but it is blotted—I can’t 
tell the date. 

Q. Do you remember when it was?—A. No; I don’t remember. 

Q. Did you vote in the election of November 2, 1920?—A. Yes. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q, How old are you?—A. Twenty-six. 

Q. Let me see your receipt. 

(Witness shows receipt.) 

Q. Have you looked at this closely?—A. I have looked, but I can’t tell what 
it is. 

Q. You don’t know when it was paid?—A. I do not. 

Cross-examination : 

Q. To the best of your independent recollection, did you pay it before May 
1?—A. I don’t know. 

Q. I wish you would read your tax receipt—it was in May?—A. The May is 
distinct, but I don’t remember the date when it was paid. 

Mr. A. P. STROUD, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. Cool Springs Township. 

Q. How long have you lived in Cool Springs?—A. Six years. 

Q. What is your age?—A. Twenty-two. 

Q. Did you make a tax return for the year 1919?—A. No, sir. 

Q. When were you 22 years old?—A. Last September. 

Q. What year?—A. This last year. 

Q. 1920?—A. This last September I was 22, the 23d. 

Mr. G. C. SWISHER, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do yon live?—A. Cool Springs. 

Q. How long have you lived there?—A. Practically all my life. 

Q. What is your age?—A. Thirty-four. 

Q. Did you make a tax return for the year 1919 ?-rA. Yes. 

Q. Did you pay your poll tax for the year 1919 on or before the 1st of May, 
1920?—A. Yes. 

Q. Have you a tax receipt?—A. Yes. 

Q. Let me see it, please. 

(Shows tax receipt to attorney.) 

Q. Who did you vote for for Congress?—A. Mr. Doughton. 

Cross-examination: 

Q. Your brother, they called his name Fred M. Swisher, in December, 
1920, after the election he went to Wisconsin?—A. Yes. 

Redirect examination: 

Q. Had he lived there before this? How long has he been living in Colo¬ 
rado?—^A. He has been in Colorado about six months; canie home about the 
1st of July. 

Q. Now he has gone back?—A. Yes. 

Q. When he first went there did he go to make it his home, or do you know?— 
A. He was out there—I don’t know whether you would call it his home or not. 

Recross-examination: 

Q. He is a boy that lives there with his father?—A. Yes. 

Q. This is his home here in Cool Springs Township?—A. Yes. 

Q. How old is he?—A. About 25, if I remember correctly. 

Q. Who did he vote for for Congress?—A. Mr. Doughton. 

Mr. W. L. SMITH, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. Cool Springs. 

Q. How long have you lived there?—A. All my life. 

Q. Did you make a tax return for 1919?—A. Yes. 


CAMPBELL VS. DOUGHTO^s. 


379 


Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. Yes. 

Q. Did you vote in the election of November 2, 1920?—A. Yes. 

Q. Who did you vote for for Congress?—A. Doughton. 

Cross-examination: 

Q. Do you know of this agreement that the Republicans and Democrats had 
entered into not to challenge?—A. Yes. 

Q. Any Republicans living close to yon talk to you about this?^—A. Yes; 
couple of neighbors. , 

Q. They voted without paying poll tax?—A. Said they did. 

Q. Who were these people?—A. N. B. and Robert Starrett. 

Q. They voted for Campbell?—A. Said they did. 

Q. And without the payment of poll tax?—A. Yes; I know what they said. 
Redirect examination: 

Q. You don’t know whether they paid their poll tax or not?—A. I know 
what they said. 

Q. Do you know who they voted for?—A. No, sir. 

Q. Did you see their ticket go in the box?—A. No, sir; but I know who they 
voted for. 

Q. They told you they voted for Campbell?—A. Yes; and they did it, too. 

Mr. J. T. STEELE, being called by centestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. Cool Springs Township. 

Q. How long have you lived there?—A. All my life. 

Q. How old are you?—A. I was 23 this last month. 

Q. In what month?—A. 23d-of February. 

Q. Whom did you vote for for Congress ?^—A. Doughton. 

Q. Did you make a tax return for 1919?—A. No, sir. 

(}. Did you pay your tax for 1919 on or before May 1. 1920?—A. No, sir. 

Cross-examination : 

Q. At tax-returning time you thought you were 21 in February, 1920, and 
found out you were 21 in February, 1919?—A. Yes. 

Q. You knew of this agreement having been entered into between the Demo¬ 
crats and Republicans that they would not challenge on the grounds of non¬ 
payment of poll tax?—A. Y’^es. 

Redirect examination : 

• Q. Do you know of your own knowledge whether Dr. Campbell was a party 
to that agreement or not?—A. I could not tell you. 

Q. You don’t know what you know?—A. Don’t know enough about it to 
know. 

Q. Did you ever see any agreement in writing signed by Dr. Cantpbell?—A. 
No, sir. 

Q. Did you ever hear him make any agreement with anybody to that effect?— 
A. Don’t know that I ever did. 

Q. Do you know him when yon see him?—A. No, sir. 

Mr. W. M. .TACKS, being called by contestant, testified as follows: 

Direct examination: 

O. Where do voii live?—A. I live in Bethany Township. 

Q. How long have you lived there?—A. I moved there in March, 1920. 

Q. What is your age?—A. 38. 

Q Did von vote there in the election, November 2, 1920?—A. Yes. 

Q. Who\lid you vote for for Congress?—A. Doughton. 

Q. Did you make a tax. return for the year 1919?—A. Yes. 

Q. Did you pay your poll tax for the year 1919 on or before May 1, 1920?— 

A. Yes. 

Q. Have you a tax receipt?—A. Y^es. 

Q. Let me see it, pleaSe. 

(Shows attorney tax receipt.) „ * -r , ^ v. 4 . 

Q. What day in March did you move?—A. I don’t remember what day. 

Q How long have you been in the State?—A.. All my life. 

Q. What is the sheriff’s name of Davie County?—A. Winecoff. 

Q. Is this his signature to this?—A. Yes. 


380 


CAMPBELL VS. DOUGHTON. 


Mr. BEN MYERS, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. Olin Township. 

Q. How long have you lived there?—A. Been living there about eight months, 
I reckon. 

Q. Where did you move from to Olin?—A. Lowell. 

Q. What county?—A. I don’t know. 

Q. What State?—A. I don’t know that. 

Q. Is it in Virginia?—A. Don’t think it is. It is a little county down' below 
Lowell—little cotton mill town. , 

Q. Lowell County?—A. Yes. 

Q. What is your age?—A. Going on 35. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. Did you make a tax return for 1919?—A. Yes. 

Q. Did you pay your poll tax on or before May 1, 1920?—A. No, sir. 

Cross-examination: 

Q. You have been a resident of the State of North Carolina all your life?— 
A. Yes. 

Q. So Lowell is in North Carolina—did you hear of this agreement between 
the Democrats and Republicans, that they were not going to challenge ‘on the 
nonpayment of poll tax?—A. No. 

Mr. L. M. SCOTT, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. I live in Sharpsburg now. 

Q. Where did you live before you moved to Sharpsburg?—A. Bethany. 

Q. How long have lived in Bethany?—A. Something over two years the last 
time. 

Q. When did you move into Sharpsburg?—A. I moved from the saw mill 
shack up there about the last of November or first of December. 

Q. Were you living in Bethany Township at the time you voted?—A. My home 
was supposed to be there. I was staying at a saw mill shack, running a saw 
mill up there. 

Q. You were living at the saw mill .shack in Bethany?—A. It was in Sharps¬ 
burg. 

Q. Where did you vote in 1920?—A. Bethany. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. What is your age?—A. Twenty-eight. 

Q. Did you make a tax return for 1919?—A. Yes. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. Yes. 

Q. Let me see your tax receipt. (Witness shows tax receipt.) 

Q. When did you move from Bethany over to your saw mill shack in 
Sharpsburg?—A. I really don’t know; it was sometime in .Tune, I think. 

Cross examination: 

Q. Your home was in Bethany Township until some time in November or 
December? Had you moved into your home—you were just over there sawing 
lumber?—A. Yes. 

Q. Your home was in Bethany Township?—A. Yes. 

]Mr. S. M. SUMMERS, being called by contestant, testified as follows: 

Direct examination : 

Q. Where do you live?—A. Bethany Township. 

Q. How long have you lived there?—A, All my life. 

Q. What is your age?^—A. Twenty-four. 

Q. Did you vote in the election,' November 2, 1920?—A, Yes. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. Did you pay your poll tax for 1919 on or before the 1st of May, 1920?— 
A. Yes. 

Q. Did you make a tax return for 1919?—A. Sure did. 

Q. Have you the tax receipt?—A. Yes. [Shows attorney tax receipt.] 

Q. Did you pay this on the date stamped here on this receipt?—A. Yes. 

Cross-examination: 

Q. What date is stamped on the receipt?—A. December 8, 1919. 


CAMPBELL VS. DOUGHTON. 381 

Mr. FLETCHER THOMPSON, being called by contestant, testified as fol¬ 
lows : 

Direct examination: 

Q. Where do yon live?—A. Bethany Township. 

Q. How long have you lived there?—A. Five years. • 

Q. What is your age?—A. Twenty-five. 

Q. Did you vote in the election of November 2, 1920?—A. Yes. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. Did you make a tax return for 1919?—A. Yes. 

Q. Did you pay your poll tax for the year 1919 on or before May 1 1920*^— 
A. Yes. ■ ’ 

Q. Have you a tax receipt?—A. Yes. 

Q. Let me see it.—A. [Showing attorney tax receipt.] 

Q. Did you yourself pay this on the date written on the receipt?—A. My 
father paid it. 

Cross-examination: 

Q. You actually paid it?—A. Yes; I just sent the money to Statesville with 
ray father. 

Q. You sent the money to Statesville with your father, so you could vote?— 
A. Yes. 

Mr. JOHN B. WILSON, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. Bethany. 

Q. How long have you lived in Bethany?—A. About 14 months. 

Q. Where did you move from to Bethany?—A, Sharpsburg. 

Q. How long had you lived in Sharpsburg?—A. All my life. 

Q. What is your age?—A. Forty-four, 

Q. Did you vote in the election of November 2, 1920?—A, Yes. 

Q. Who did you vote for for Congress?—A, Doughton. 

Q. Did you make a tax return for the year 1919?—A. Yes. 

Q. Did you pay your poll tax on or before May 1, 1920, for the year 1919?— 
A. Yes. 

Q. Have you a tax receipt?—A. Yes. 

Q, Let me see it. What date did you pay your tax, if you know?—A. It 
was March 30, I thought, because that was the day I got the flu, but it says 
29th there, 

Q. Do you know whether there is a poll tax charged on that?—A. Yes'. 
Cross-examination: 

Q. You made tax return in Sharpsburg?—A. Yes. 

Mr. LESTER WAUGH, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. Bethany Township. 

Q. How long have you lived there?—A. Five years. 

Q. What is your age?—A. Twenty-nine, 

Q. Did you vote in the election of November 2. 1920?—A. Yes. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. Did you make a tax return for 1919?—A, Yes. 

Q. Did you pay your poll tax for the year 1919 on or before May 1, 1920?— 
A. Yes. 

Q. Did you get a tax receipt?—A. Yes. 

Q. Let me see it, please. 

(Shows tax receipt.) 

Mr. I. J. EDWARDS, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. I live in Union Grove Township now. 

Q. How long have you lived there?—A. About 14 months. 

Q. How long have you lived in the State?—A. All my life. 

Q. How old are you?—A. Thirty-seven years old. 

Q Did vou vote in the election of November 2, 1920?—A. Yes. 

Q Whom did vou vote for for Congress?—A. Doughton. 


382 


CAMPBELL VS. DOUGHTON. 


Q. Did you pay your poll tax for the year 1919 on or before the 1st of May, 
1920?—A. Yes. 

Q. Did you make a tax return for 1919?—A. Yes. 

Q. Have you a receipt?—A. Yes. 

Q. Let me see it. 

(Shows attorney tax receipt.) 

Q. You paid in Turnersburg Township where you moved from?—A. Yes. 

Mr. W. B. EIDSON, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. Cool Springs. 

Q. How long have you lived there?—A. Since April. 

Q. What date in April?—A. Something before the 25th, about the 22d. 

Q. Where did you move from to Cool Springs Towjiship?—A. Davie. 

Q. April 25?—A. Just before the 25th. I went to New York and got there 
the 25th and moved few days before I went—moved my wife and child up there 
in Cool Springs. 

Q. How long have you lived in the State?—A. About all my life. 

Q. Had vou lived in the State two years preceding the election of November 
2, 1920?—A. Yes. 

Q. What is your age?—A. Thirty-six. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. Did yon vote in Cool Springs precinct?—A. Y^es. • 

Q. Did you pay your tax for the year 1919 on or before May. 1, 1920?—A. 
Yes; paid it on the 16th. 

Q. Have you your receipt?—A. No, sir; but can get the stub from the sheriff’s 
office. 

Q. Have you an independent recollection aside from the sheriff’s office?—A. I 
went in and found it. I know T paid it in April—sent the money by my father. 
Q. Do you know that there is a poll tax charged on that receipt?—A. Yes. 

Cross-examination: 

Q. You made your return in Turnersburg Township for 1919?—A. Yes. 

Mr. T. I. DAVIS, being called by contestant, testified as follows: 

Direct examination : 

Q. Where do you live?—A. New Hope. 

Q. How long have you lived there?—A. I was raised there—born there. 

Q. Did you vote in the election of November 2, 1920?—A. Yes. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. What is your age?—A. Fifty-two. 

Q. When were you 50?—A. I was born on January 4. 

Q. What date?—A I have lost my date. I am going by my mammy’s say so. 
The age is torn out. 

Q. Did you make a tax return for 1919?—A. Yes. 

Q. Did you pay your poll tax for the year 1919?—A. I haven’t paid any poll 
tax for several years; I got exempted. 

Cross-examination: 

Q. You were 52 this last January?—A. Yes. 

Q. Before you were 50 you were exempted from payment of poll tax? 
[Reading:] “ This is to certify that Thomas Davis is to be"^ exempted from poll 
tax until revoked. By the board of commissioners. This July 6, 1914.—J. E. 
Boyd, clerk of the board.” You never paid any poll tax after that date?— 
A. No, sir. 

Q. Why didn’t you?—A. I am diseased. 

Q. Diseased how?—A. Ruptured. 

Mr. R. C. QUARRY, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. New Hope. 

Q. How long have you lived there?—A. About six years. 

Q. Did you vote on November 2, 1920?—A. Yes. 

, Q. Whom did you vote for for Congress?—A. Doughton. 


CAMPBELL VS. DOUGHTON. 


383 


Q. Did you make a tax return for 1919?—A. Yes. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. Yes. 

Q. Have you a tax receipt?—A. Yes. 

Q. Let me see it.—A. I paid $5 on April 30 and balance a little later on. 
[Hands attorney receipt.] 

Q. What is the date on your receipt?—A. August 4, I believe, 1919. I paid 
$5 April 30. 

Q. Look at your tax receipt and see whether this is 1919 or 1918 tax.— 
A. This is 1918 tax. 

Q. Do you have the other tax receipt?—A. No, sir; I haven’t got it. 

Q. This is the only tax receipt you have?—A. Yes; this is the only one I have 
with me. 

Q. So when you stated you paid your tax you had reference to that tax 
receipt, didn’t you?—^A. Yes, sir. 

Cross-examination: 

Q. You paid $5 and some cents for your 1919 tax on April 30?—A. Yes. 

Q. This last year?—A. Yes. 

Q. You say you paid $5 on your tax the 30th of April, 1920?—A. Yes. 

Q. I read from the daybook again: “ New Hope Township, 1919 tax: Name, 
R. C. Quarry ; the amount of tax, $24.35; date of payment, April 30, 1920. The 
May 29, 1920, $19.35, with an addition of $1.20.” That is the way you paid your 
tax?—A. Yes. 

Q. This book shows the exact entry?—A. Yes. 

Q. l^ou paid the $5 on your tax so you could vote, did you?—A. Yes. 

Q. What you paid it for?—A. Yes. 

Mr. REX RUPERT, being called by contestant, testified as follows; 

Direct examination : 

Q. Where don you live?—A. New Hope Township. 

Q. How long have you lived in New Hope?—A. All my life. 

Q. Did you vote November 2, 1920?—A. Yes. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. What is your age?—A. Twenty-two. 

Q. When were you 21?—A. Last September >vas a year ago. I am 22 now. 

Q. Did you make a tax )-eturn for 1919?—A. Yes. 

Q. Did "you pay your poll tax for the year 1919 on or before May 1, 1920?—A. 
No; I never paid it. 

Cross-examination; 

Q. You were 21 September, 1919?—A. Yes. 

Q. That was year before last?—A. Yes. 

Redirect examination : 

Q. Why did you make a return for the year 1919 if you were not liable?—A. 
I was 21 in 1919. 

Q. And you made a tax return, you stated; did you do that?—A. Certainly. 

INIr. W. W: WOODWARD, being called by contestant, testified as follows: 
Direct examination: 

Q. Where do you live?—A. New Hope Township. 

Q. How long have you lived in New Hope Township?—A. Since February 7, 
1916. 

Q. Did you vote in th(‘ election of November 2, 1920?—A. Yes. 

Q. For Doughton?—A. Y(‘s. 

Q. What is your age?—A. Forty-six years old. 

Q. Did you make a tax return for 1919?—A. Yes. 

Q. I>id you pay your poll tax for the year 1919?—A. Yes. 

Q. Did you get your receij)!?—A. Yes. 

Q. Let me see it, please. 

(Witness gives attorney receipt.) 

Cross-examination : 

Q. You are a deputy sheriff in New Hope that collects the taxes?—A. Yes. 

Q. Have been for several years?—A. Yes. 


384 


CAMPBELL VS. DOUGHTON. 


Mr. M. B. WILLIAMS, being called by contestant, testified as follows: 

Direct examination : 

Q. Where do you live?—A. New Hope Township. 

Q. Plow long have you lived in New Hope?—A. I have lived there all my life. 
Q. Did you vote in the election of November 2, 1920?—A. Yes. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. What is your age?—A. Forty-four. 

Q. Did you pay your taxes for the year 1919; that is, your poll tax?—A. Yes. 
Q. Before May 1, 1920 ?~A. Yes. 

Q. Have you your receipt?—A. Y"es. 

Q. Let me see it. 

(Shows attorney receipt.) 

Q. Do you know when you paid this?—A. No, sir; I know it was in April, 
but I don’t remember the date; I think it was about the middle of April; as 
well as I remember, the 21st, I believe. 

Mr. VANCE McDANIELS, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. New Hope. 

Q. How long have you lived there?—A. All my life. 

Q. Did you vote in the election of November 2, 1920?—A. Yes. 

Q. Who did you vote for for Congress?—A. Voted for Doughton. 

Q. What is your age?—A. The tax book gives me 52. 

Q. What is your age?—A. I haven’t any date for it. 

Q. You don’t know how old you are?—A. No, sir; oply by the tax books—the 
age got rubbed out on the book; can’t tell what it is. 

Q. Did you make a tax return for the year 1919?—A. I think I did. 

Q. Did you pay your poll tax for the year 1919 on or before May 1, 1920?—A.’ 
I don’t recollect whether I did or not. 

Cross-examination: 

Q. You are now 52 years of age, as shown by the scroll book of Iredell 
County?—A. Yes. 

C). That tax book has been taken up year after year and your age added to 
it ?—A, Yes. 

Q, There was no poll charged against you for 1918?—A. No. 

Q. You are too old to pay poll tax?— A. Yes. • 

Redirect examination; 

Q. You stated you don’t know how old you are?—A. Only by the tax book. 

Mr. .1. M. LINN, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. Cool Springs Township. 

Q. How long have you lived in Cool Springs?—A. Four years. 

Q. Did you vote in the election of November 2, 1920?—A. Yes. 

Q. Who did you vote for for Congress?—A. Mr. Doughton. 

Q. What is your age?—A. Thirty-one. 

Q. Did you make a tax return for 1919?—A. Yes. 

Q. On or before May 1, 1920?—A. Yes. 

Q. Did you get your tax receipt?—A. Yes. [Witness hands attorney tax 
receipt.] 

Q. Do you know what date that is?—A. No, sir; I do not. 

Cross-examination: 

Q. You paid your poll tax on or before May 1?—A. Paid it in December. 

Q. The receipt shows you paid the flat rate without any addition or subtrac¬ 
tion?—A. Yes. 

Mr. BRYAN BRADFORD, being called by contestant, testified as follows: 
Direct examination: 

Q. Where do you live?—A. Fallstown Township. 

Q. How long have you lived there?—A. All my life. 

Q. Did you vote in the election of November 2, 1920?—A. Yes. 


I'AMPBELL VS. DOUGHTON. 


385 


Q. Who did you vote for for Congress?—A. Doiighton. 

Q. What is your age?—A. Twenty-five. 

Q. Did you make a tax return for 1919?—A. No, sir. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. No, sir. 
Cross-examination; 

Q. You were a soldier in the United States Army serving in a foreign country 
at that time?—A. Yes. 

Q. When were you discharged?—A. Twenty-ninth of-January, 1919. ■ 

Mr. J. p]. SHARPE, being calletl by contestant, testified as follows : ,, i 

Direct examination: 

Q. Where do you live?—A. Live in Fallstown Township. 

Q. How long have you lived there?—A. Three years. ' if . 

Q. Did you vote in the election of November 2, 1920?—A. Yes. 

Q. Whom did you vote for for Congress?—A. Doughton. 

Q. What is your age?—A. Forty-one. 

Did you make your tax return for 1919?—A. Yes. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. No, 
sir. 

Q. Why not?—A. I was in bad health at that time and asked the sheriff to 
loan me the money, and 1 thought he paid it. 

Cross-examination: 

Q. Didn’t he agree to loan you the money, and then a few days after that Mr. 
Sharpe, chairman of the Republican committee in Iredell County, and Mr. J. A. 
Hartness, chairman of the Democratic committee, tell him that they had made 
an agreement not to challenge for poll tax?—A. Yes. 

Q. And you went and voted thinking you were voting entirely legally?— 
A. Yes. 

Mr. CONRAD SHERILL, being called by contestant, testified as follows: 
Direct examination: 

Q. Where do you live?—A. Fallstown Township. 

Q. How long have you lived there?—A. All my life. 

Q. Did you vote in the election of November 2, 1920?—A. Yes. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. What is your age?—A. Twenty-one. 

Q. When did you become 21?—A. The 18th of April last year. 
Cross-examination: 

Q. You were 21 the 18th of April, 1920?—A. Yes. 

Mr. EVERETT O. STEWART, being called by contestant, testified as 
follows: 

Direct examination: 

Q. Where do you live?—A. Fallstown Township. 

Q. How long have you lived there?—A. Four years. 

Q. Did you vote in the election of November 2, 1920?—A. Yes. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. What is your age?—A. Twenty-five. 

Q. Did you make a tax return for 1919?—A. No, sir. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. No, sir. 
Cross-examination: 

Q. You were a soldier in the Unite<l States Army?—A. Yes. 

Q. Discharged on May 29, 1919?—A. Yes. 

Mr. W. B. STEWART, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. Fallstown Township. ^ 

Q. How long have vou lived there?—A. P^our years. 

Q. Did you vote in the last election November 2, 1920?—A. Yes. 1 

Q. Who did you vote for for Congress?—A. Doughton. 


57695—21-25 



386 


CAMPBELL VS. DOUGHTON. 


Q. What is your age?—A. Twenty-two. 

Q. When were you 21?—A. July 19 a year ago—last year a year ago. 

Q. You mean this coming July a year ago?—A. This coming July two years 
ago. , 

Cross-examination: 

Q. You were too young to pay any tax for the year 1919?—A. Yes. 

Mr. W. S. WKDl iINGTON, being called by contestant, testified as follows: 
Direct examination: 

Q. Where do you live?—A. Fallstown Township. 

Q. How long have you lived there?—A. Eight years. 

D- Did you vote in the election of November 2, 1920?—A. I'es. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. What is your uge?—A. Twenty-two. 

Q. When were you 21?—A. July 27, 1920. 

Q. Did jam make a tax return for the ^^ear 1919?—A. No, sir. 

Cross-examination: 

Q. You were too young to make a return?—A. Yes. 

iMr. S. O. WHITENEU, being called by contestant, testified as follows; 

Ltirect examination; 

Q. Where do you live?—A. Fallstown Township. 

Q. How long liave jou lived there?—A. About 18 months. 

Q. How long have you lived in the State?—A. All my life. 

Q. Did you vote in the election of November 2, 1920?—A. Yes. 

Wlio did you vote for for Congress?—A. Dougliton. 

Q. What is your age?—A. Twenty-four. 

Q. Did you make a tax return for 1919?—A. Yes. 

Q. Did jmu pay your poll tax for the ja;ar 1919, on or before May 1, 1920?—A. 
Yes. 

C- Have you your receipt?—A. Yes. 

Q. Let me see it, i)lease. 

(Gives attorney receipt.) 

C^. You were a soldier?—A. Y'es. 

Cross-examination: 

Q. You say you were a soldier?—A. Yes. 

Q. That tax was paid in Catawba County, wasn’t it?—A. Yes. 

Mr. C. H. FANN. being called by contestant, testified as follows: 

Direct examination : 

Q. Where do you live?—A. In Olin Township, Turnersburg. 

Q. How long have you lived there?—A. It will be 11 months the 13th day of 
this month. 

Q. How long have you lived in the State?—A. Twenty-one years. 

Q. Did you vote in the election of November 2, 1920?—A. Y^es. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. What is your age?—A. Thirty-six. 

Q. Did you make a tax return for 1919?—A. Yes. 

;Q. Did you paj" your poll tax for 1919 on or before May 1, 1920?—A. Yes. 

Q. Have you got your tax receipt?—A. No, sir; I haven’t got mj' receipt. 

Q. Have you a distinct recollection that you did pay it before May 1?—A. 
Y^es; I paid it before May 1. 

Q. About what time of the year?—A. Right about the 1st of May that I 
paid it. 

Q. Did you have a property tax?—A. Y'es; I had some. 

Q. Do you know that there was a poll tax charged on that?—A. Y"es. 

Cross-examination: 

Q. A year this coming April youGnoved from Statesville Township to Olin 
Township?—A. Yes. 

Q. You made your tax return inside Statesville Township?—A. Y^es. 

Q. You paid $8.01 and paid it on May 1, 1920?—A. Yes; I paid them myself. 


CAMPBELL VS. DOUGHTON. 


387 


Mr. J. L. UEID, beins;- called by contestant, testified as follows: ' 

Direct examination : • ; . ‘ 

Q. Where do you live?—A. Cool Springs. 

Q. How long have you lived in Cool Springs Township?—^A. About 41 years. 
Q. Did you vote in the election of November 2, 1920?—A. Yes. 

Q. Who did you vote for for Congress?—A. Doughton. . ; 

Q. Did you make a tax return for 1919?—A. Yes. • 

Q. Did you pay your poll tax on or before May 1, 1920, for the vear 1919?— 
A. Paid it November 21, 1919. 

(}. Have you got the receipt?—A. Yes. 

INlr. P. S. FEIMSTEP, being called by contestant, testified as follows: 

Direct examination: 

Q. Are you exempted?—A. Yes. 

Q. Have you exemption ticket?—A. No, sir. 

Q. When were you exempted ?—A. When I was 21; never have paid poll tax. 
Q. How old are you now?—A. Thirty-seven. 

Q. What board of commissioners exempted you?—A. I don’t remembet all 
that was on then. 

Q. Iredell County Board of Commissioners?—A. Yes; my leg has been off 
21 years last July. 

Q. When did they exempt you?—A. I don’t remember what year it was in. 

Q. What do you do?—A. Work on the good roads. 

Q. What do you make?—A. Well, I have made different prices. 

Q. What is your wages?—A. Getting $100 a month now. 

Q. What township do you live in?—A. Olin. 

Q. Vote in the November, 1920, election?—A. Yes. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. You made a tax return for 1919?—A. Property tax. I did. 

Q. Paid any poll tax?—A. No, sir. 

Q. Do you know whether or not the county commissioners have ever revoked 
that certificate?—A. No, sir. ‘‘ 

Q. Have you got it with you?—A. No, sir; I got it lost—got it misplaced. 

Q. Since you lost it have you ever made application for another one?—A. 
No, sir. 

Q. Did you claim exemption on account of infirmity or poverty?—A. On 
account of being a cripple. 

Q. You make a better salary than anybody in the community, don’t you?— 
A. I think not. 

Cross-examinntion: 

Q. Since you lost your leg you were exempted by the commissioners of 
Iredell County?—A. No, sir; never paid any; lost my leg when I was 15 yeai'» 
old. 

Q. That order has never been revoked?—A. No, sir. 

Q. Evei-y year you are marked exemption on the poll books?—A. Yes; th« 
list takers in marking returns. 


Mr. C. H. GOODIN, being called by contestant, testified as follows: 

Direct examination: 

Q. Wliere do you live?—A. I live in Olin Township. 

Q. How long have you lived in Olin Township?—A. About 16 months, I 
think; 15 or 16. 

(). How long have you lived in the State?—A. About 22 years. 

Q. Did you vote in the election of November 2, 1920?—A. Yes. 
ii Who'did you vote foi- for Congress?—A. For Mr. Doughton. 

Q. What is your age?—A. Forty-four. 

Q. Did you make a tax return for 1919?—A. Yes. 

Q. Did you pay your poll tax for 1919 on or before ^lay 1. 1920?—A. Paid 
my poll tax the 24th of December, 1919. 

Q. That was for 1918, wasn’t it?—A. No, sir. 


Mr, C. N. MOOSE being called by contestant, testified as follows: 

Direct examination; 

Q. Where do you live?—A. Olin. 


388 


CAMPBELL VS. DOUGHTON. 


Q. How long have you lived in Olin ?—A. About 15 or 16 years. 

Q. Did you vote at the election of November 2, 1920?—A. Yes. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. What is your age?—A. About 36. 

Q. Did you make a poll-tax return for the year 1919?—A. Yes. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. Paid them 
October 6. 

Q. October 6, 1919?—A. Yes. 

Q. Have you your receipt?—A. Yes. 

Mr. EUGENE MITCHELL being called by contestant, testified as follows: 
Direct examination: 

Q. Where do you live?—A. Olin Township. 

Q. How long have you lived there?—A. All my life. 

Q. Did you vote in the election November 2, 1920?—A. Yes. 

Q. Who did you vote for for Congress?—^A. Doughton. 

Q. What is your age?—A. Twenty-seven. 

Q. Did you make a tax return for the year 1919?—A. Yes. 

Q. Did you pay your poll tax for the year 1919 on or before May 1, 1920?— 
A. Yes. 

Q. Have you got the receipt?—A. No. 

Q. Where is your receipt?—A. At home. I paid February 21. 

Q. What year?—A. 1920. 

Mr. FLOYD MITCHELL being called by contestant, testified as follows: 
Direct examination: 

Q. Where do you live?—A. Olin Township. 

Q. How long have you lived there?—A. All my life. 

Q. Did you vote in the election of November 2,1920?—A. Yes. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. What is your age?—^A. Thirty-six. 

Q. Did you make a tax return for 1919?—A. Yes. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. Yes; 
paid the 2d day of December, as well as I mind; I think that is the date. 

Q. Have you your receipt?—A. Not with me; I have it at home. 

Q. Do you know whether there is a poll tax charged on your receipt or not?— 
A. Yes; I suppose so. 

Mr. J. D. PARKER being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. Olin Township. 

Q. How long have you lived in Olin?—A. About 13 months. 

Q. How long have you lived in the State?—A. Thirty years. 

Q. Did you vote in the election November 2, 1920?—A. Yes. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. What is your age?—A. Thirty years. 

Q. Did you make a tax return for 1919?—A. Yes. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. Yes. 
I got my tax receipt and certificate and fetched my certificate that I got from' 
the register so I could vote down here. 

Q. Where do you live?—A. Olin Township. 

Q. What certificate are you talking about now?—A. I moved from Wilkes 
down here. 

Q. Who registered you?—A. Nick Kilpatrick. 

Q. Have you got your tax receipt?—A. Yes; it is at home. 

Q. Do you remember what date it stated on it?—A. It was before May—I 
forget—I just don’t remember. 

Q. Do you know what year it was for?—A. It was for 1919. 

Cross-examination: 

Q. You know the election laws pretty well; you were judge of election up in 
Wilkes?—A. Three elections. 

Q. Yon l)rought your tax receipt showing you paid your taxes before May 1, 
1920, and also your certificate of permanent registration and took it to the 
registrar?—A. Yes. 


CAMPBELL VS. DOUGHTON. 389 

Q. You say Mr, Nick Kilpatrick registered you? He was the regular registrar 
In Olin Township?—A. Yes. 

Mr. E. R. SICELOPF, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. Olin. 

Q. How long have you lived in Olin ?—A. About 35 years. 

Q. Did you vote in the election of November 2, 1920?—A. Yes. 

Q. Whom did you vote for for Congress?—A. Doughton, 

Q. What is your age?—A. Thirty-five. 

Q. Did you pay your tax on or before May 1, 1920, for the year 1919?—A. 

No, sir. 

Q. Paid no poll tax?—A. No, sir. 

Cross-examination: 

Q. But you have since paid your tax?—A. Yes. 

Q. You knew of an agreement being entered into between the chairmen of the 
Republican and Democratic Parties of the agreement not to challenge anyone 
for poll tax?—^A. Yes. 

Q. It M^as talked in your township a good deal?—A. Yes; general report. 

Q. On the strength of that you went to the polls and voted?—A. Would not 
have went if it hadn’t been for that. 

Mr. E. A. STROUD, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. Olin Township. 

Q. How long have you lived in Olin Township?—A. About 15 months. 

Q. How long have you lived in the State?—A. All my life except three years. 
Q. What three years did you live out?—A. It has been about eight years ago. 
Q. Did you vote in the election of November 2, 1920?—A. Yes. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. What is your age?—^A. Forty-two. 

Q. Did you pay your poll tax for the year 1919 on or before May 1, 1920?— 
A. Yes. 

Q. Have you got your tax receipt?—A. No, sir; haven’t got it with me. 

Q. Do you know whether there was a poll tax charged on that tax receipt or 
not?—A. Why, I think so; would not be certain. 

Q. Do you remember when you paid it?—A, No; not exactly. 

Cross-examination: 

Q. You sent the money in to Statesville by Mr. A. F. Harris?—A. Yes. 

Q. Told him to pay your poll tax so you could vote?^A. Yes. 

Q. That was before May 1,1920?—A. Yes; I think so. 

Q. Didn’t you go to the sheriff’s office before it was credited on there before 
May 1, 1920, at the time you sent it in?—A. I don’t remember whether I did 
or not. 

Q. What township did you make your return in? Turnersburg Township?— 
A. Yes. 

Q. That is where you paid your poll tax?—A. Yes. 

Q. You sent $5.60 in here with Mr. Harris?—A. Yes. 

Q. (Referring to book.) Your name is E. A. Stroud, 4, 30, 20, $5.60. You sent 
it to pay on your poll tax so you could vote?—A. That is right. 

Redirect examination: 

Q. How long do you say you have been living in Olin Township?—A. About 
15 months. 

Mr. F. R. SCOTT, being called by contestant, testified as follows; 

Direct examination: 

Q. Where do you live?—A. Olin Township. 

Q. How long have you lived there?—A. My bona fide home has been there 
about 17 years. 

Q. Did you vote in the election of November 2, 1920?—A. I did. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. Did you make a tax return for the year 1919?—A. No, sir. 


390 


CAMPBELL VS. DOUGHTON. 


Q. Did you pay your tax—poll tax—for 1919 on or before May 1, 1920?— 
A. No, sir. 

Q. You are a soldier, I believe?—A. Yes. 

Q. And so am I, and you are no better to lose your vote than I am mine.— 
A. No, sir. 

Cross-examination: 

Q. You were discharged after May 1, 1919?—A. Yes; I was discharged on 
the 12th of September, 1919. 

Q. You served over in the foreign countries?—A. Y^es. I want to know if an 
honorable, intelligent man like Dr. Campbell would challenge a man’s vote that 
served in the United States Regular Army with an honorable discharge as a 
noncommissioned officer? 

Q. The attorney, Mr. Britt, says he is. 

Mr. A. W. TAYES, being called by contestant, testified as follows; 

Direct examination; 

Q. Where do you live?—A. In Olin Township. 

Q. How long have you lived there?—A. Twelve or 13 years. 

Q. Did you vote in the election of November 2, 1920?—A. Yes. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. Did you make a tax return for 1919?—A. Yes. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. Yes. 

Q. Have you your tax receipt?—A. No, sir; haven’t it with me. 

Q. Do you remember whether there was a poll tax charged on that receipt?— 
A. Yes; it is charged—I paid all my tax. 

Q. Was there a poll tax charged?—A. Yes. 

Q. How much was the poll tax?—A. I don’t remember now. 

Mr. C. S. WILSON, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. Olin. 

Q. How long have you lived in Olin Township?—A. Little over two years. 

Q. Did you vote in the election November 2, 1920?—A. Yes. 

Q. Whom did you vote for for Congress?—A. Doughton. 

Q. What is your age?—A. Forty-five. 

Q. Did you make a tax return for 1919?—A. Yes. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A, I think 
so. 

Q. Have you your tax receipt?—A. Not with me. 

Q. Do you remember on what date you paid the tax?—A. I do not. 

Q. Do you know whether there is a poll tax charged on your receipt or not?— 
A. Yes; I think so. 

Cross-examination: 

Q. Do you know you paid it before May 1, do you?—A. Yes. 

Q. 1920?—A. Yes. 

Mr. JOHN WELBORN, being called by contestant, testified as follows: 
Direct examination: 

Q. Where do you live?—A. New Hope Township. 

Q. How long have you lived there?—A. I have lived there all my life, about 
44 years. 

Q. Did you vote in the election of November 2, 1920?—A. Yes. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. Did you make a tax return for 1919 on or before May 1, 1920?—A. Yes. 

Q. Did you pay your poll tax for the year 1919?—A. Yes; I have a receipt 
in my pocket here. 

Q. Let’s see it. 

(Hands attorney receipt.) 

Q. Did you look at this receipt carefully?—A. I have looked at it several 

times. 

Q. When did you pay it?—A. June. 

Q. 1920?—A. Last year. 

Q. June, 1920?—A. June or May 1. 

Q. It is July, isn’t it?—A. Yes; it is July, 1920. 


CAMPBELL VS. DOUGHTON. 


891 


Mr. P. F. FEIMSTER, being called by contestant, testified as follows: 
Direct examination : 

Q. Where do you live?—A. Olin Township. 

Q. How long have you lived there?—^A. All my life. 

Q. Did you vote in the election of November 2, 1920?—A. Yes. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. Did you make a tax return for 1919?—A. Yes. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. Yes, 
Q. Have you your tax receipt?—A. Yes. [Shows receipt to attorney.] 


Mr. JOHN ]M. SHARPE, being called by contestant, testified as follows: 

Direct examination: 

Q. Have you the third ward precinct registration book?—A. No, sir. 

Q. Have you had it at any time in your possession this week?—A. I have not. 

Q. Do you know where it is at?—A. I do not. 

Cross examuiation by Mr. Lewis : 

Q. When you were on the witness stand last Monday afternoon the book was 
laid on the desk in front of you, and you looked at a name or two.—A. I would 
not say for sure, Mr. Lewis, but I remember that Mr. Dulin brought his third 
ward book up. but not the registration book, as I remember it—may have been 
here on the table, but I don’t recall to have looked at it myself. 

Q. Mr, Rayner was examined first that afternoon, and then you were ex¬ 
amined, those were the only two witnesses examined INIonday afternoon.—^A, I 
would not be sure. 

Q, You say Mr. Dulin brought your book?—A. He had his book that he 
brought me in reference to a certain name, but it was not the registration book, 

Q. Wasn’t that the registration book?—A. It was not. 

Q. Do you swear positively that the registration book was not handed to you 
Monda.v afternoon while you were a witness on the witness stand? I want you 
to say “ Yes ” or “ No.”—A. I don’t recall it, Mr, Lewis, if it was. It may have 
been open here on the table, but Mr, Dulin showed me his copy of the book. 
We would have no use of the third ward book now, we have a copy of it. 

Q. Did you have a copy of it Monday afternoon?—A. I had a copy before that. 

Q. So you swear that the registration book was not handed to you there?—A. 
I swear it is not in my possession, and I don’t know what became of it. 

North Caeoiuna, IreAlell Connty. 

I, J. A. Stewart,, notary public in and for the county of Iredell, as commis¬ 
sioner of testimony in the hearing of James I. Campbell, contestant, and Robert 
L. Doughton, cont'estee, do hereby certify that the above transcript of evidence 
by INIrs. Cruse, as stenographer, who was duly sworn by me, is a true and 
correct copy of evidence produced before me as commissioner of testimony at 
Statesville,^N. C., on the 12th day of March, 1921. 

[SEAL.] J- A- Stewart, 

Notary public and commissioner of testimony. 

My commission expires October 26, 1922. 

Hearings resumed this the 14tb day of March, 1921, in the matter of .Tames 
I. Campbell, contestant, and Itobert L. Doughton, contestee, in the eighth 
congressional district of North Carolina, iji Iredell County, in the courthouse, 
before J. A. Stewart, commissioner of testimony and notary public. Appearing 
for the contestant, P. P. Dulin. For contestee, W. D. Turner, Lewis & Lewis, 
and Z. y. Long. 


Mr. W. B. GOODMAN, being called by contestant, te.stified as follows: 

Direct examination: 

Q. Where do you live?—A. I live in Sharpsburg Townshij). 

Q. What is your age?—A. Fort.v-five. 

Q. Did you vote November 2, 1920?—A. Yes, sir. 

Q. Who did you vote for congressman? A. Doughton. inoAi \ 

Q. Did you pay your poll tax for the year 1919 on or before May 1, 19A). A. 

Yes, sir. 

Q. Have you a receipt? 

(Witness presents receipt.) 


392 


CAMPBELL VS. DOUGHTOlsL 


]Mi'. F. H. GOODIN, beiiii? called by contestant, testitied as follows: 

Direct examination: 

(}. Wbat is your ase?—A. Seventy-two in July. 

(Witness excused.) 

.Mr. R. i\I. JORDON, being called for contestant, testified as follows: 

Direct examination: 

Q. Where do you live, Mr. Jordon?—A. I live in Sbarpesburg Township. 

Q. Did you vote November 2, 1920?—A. Yes, sir. 

Q. What is your age?—A. Twenty-seven. 

Q. Did you vote for R. L. Doughton?—A. Yes, sir. 

Q. Did you pay your poll tax in 1919 on or before May 1, 1920?—A. No, sir. 

Q. Were you a soldier in the United States Army in the late war with Ger¬ 
many?—A. Yes, sir. 

Q. Were you exempted by the commissioners of Iredell County?—A. Yes, sir. 
Q. Have you a certificate of exemption?—A. No, sir. 

Q. Did you ever make an application to the commissioners of Iredell for 
exemption?—A. No, sir. 

Mr. C. C. JURNEY, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live, Mr. Jurney?—A. I live in Statesville. 

Q. Where did you vote November 2,1920?—A. In Sbarpesburg Township. 

Q. When did you move to Statesville?—A. January 3. 

Q. How long did you live in Sbarpesburg?—A. Went there in October, 1914. 

Q. What is your age?—A. Thirty-eight. 

Q. Voted Doughton on the 2d of November, 1920?—A. Yes, sir. 

Q. Did you pay your poll tax for the year 1919 on or before May 1, 1920?—A. 
No, sir. 

Cross-examination: 

Q. Did you know of the agreement between the two parties not to challenge any 
voter on the grounds of nonpayment of poll tax?—A. Yes, sir. 

Q. Is why you voted?—A. Yes, sir. 

Mr. R. W. LEVAR, being called by contestant, testified as follows : 

Direct examination: 

Q. Where do you live?—A. In Statesville. 

Q. What precinct did you live in prior to the election?—A. Ward No. 1. 

Q. How long did you live in the State prior to the election?—A. Nearly 33 
years. 

Q. What is your age?—A. Thirty-three. 

Q. Whom did you vote for for Congress?—A. R. li. Doughton. 

Q. Did you make a tax return for 1919?—A. I did not. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. I did not. 
Cross-examination: 

Q. You knew of the agreement between the Democrats and Republicans of 
Iredell not to challenge any voter on the grounds of nonpayment of poll tax?—A. 
I did. I voted in keepink with that agreement. 

Redirect examination : 

Q. You did not know of own knowledge that Dr. Campbell was a partv of that 
agreement?—A. Did not. 


]Mr. T. J. MILLER being called by contestant, testified as follows: 

Direct examination. 

Q. Where do you live?—A. Sharpsburg Township. 

Q. How long have you lived in Sharpsburg?—A. About fourteen months. 
Q. How long have you lived in the State?—A. About six years. 

Q. Did you vote in the election of 1920?—A. Yes, sir. 

Q. AVho did you vote for for Congress?—A. Doughton. 

(). Did you pay your poll tax on or before IMay 1. 1920?—A. Yes, sir. 

(). Have you a receipt?—A. I have. 

Q. Did you pay this on the date stamped on the receipt?—A. Yes, sir. 


CAMPBELL VS. DOUGH TON. 


393 


Mr. J. F. RASH called by contestant, testified as follows: 

Direct examination: 

Q. How old are yon, Mr. Pvasli? —A. Forty -six. 

Q. Where do you live?—A. In Sharpsbiirg. 

Q. How long have you lived there?—A. Since .Taiuiary 1. 1920. 

Q. How long have you lived in the State?—A. All iiiy life. 

Q. Did you vote in the election of 1920?—A. Yes, sir. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. Did you pay your poll tax on or before May 1, 1920?—A. Yes, sir. 

Cross-examination: 

Q. iMr. Rash, did you know of the agreement between the Democratic Party 
and the Republican Partj’?—A. No; except what you told me. 

Q. As chairman of the county board of election you asked me if you would 
be entitled to vote in the election, as you had not paid your poll tax. To 
that I answered, you would be, as the two parties had made an agreement not 
to challenge on the ground of nonpayment of poll tax?—A. Yes, sir. 

Redirect examination: 

Q. When did this conversation between you and Mr. Lewis take place? Some 
time prior to the election?—A. It did take place after May 1, 1920. 

Q. Did you know of your own knowledge that Dr. Campbell was a party to 
that agreement?—A. No. 

By Mr. Lewis : 

Q. Mr. Rash, you would not have voted if you had not been a legal voter?— 
A. No, sir. 

Mr. .1, W. SPRINKLE, being called by contestant, testified as follows: 

Direct examination : 

' Q. Where do you live, Mr. Sprinkle?—A. In Sharpsbiirg. 

Q. How long have you lived in Sharpsbiirg?—A. About four years. 

Q. Did you vote in Sharpsburg?—A. Yes, sir. 

Q. What is your age?—A. Forty-three years. 

Q. Did you vote for Doughton for Congress?—A. Yes, sir. 

Q. Did you pay your poll tax for 1919 on or before IMay 1, 1920?—A. Yes, sir. 
Q. Flave you a receipt?—A. No. 

Q. Have you an independent recollection of your own that you paid this 
tax before May 1, 1920?—A. Y'es. 

Q. AVhat day did you pay it?—A. Some time in December, 1919. 

Q. Was there a poll-tax charge on that receipt?—A. Yes. 

Q. What was the amount of poll tax?—A. Well, as I remember it was 
about $3. 

Mr. P. H. SUMMERS, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live, Mr. Summer?—A. Sharpesburg Township. 

Q. How long have you lived there?—A. About 28 years. 

Q. Did you vote in the election of 1920?—A. Yes, sir. 

Q. Who\lid you vote for for Congress?—A. Doughton. 

Q. Did you pay your poll tax for 1919 on or before INIay 1, 1920?—A. No. 

Q. Are you a soldier?—A. No. 

Cross-examination: 

Q. You knew of this agreement made by the two parties not to challenge 
the vote of parties of nonpayment of his poll tax?—A. Did not know whether 
he did or not. 

Mr. A. M. SHAVER, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live, Mr. Shaver?—A. In Sharpesburg Township. 

Q. Plow long have you lived there?—A. Practically all my life. 

Q. Did you vote in the election of 1920?—A. Y^es, sir. 

Q. What is your age?—A. Twenty-nine years. 


394 


CAMPBELL VS. DOUGHTON. 


Q. For whom did you vote for Congress?—A. Doughton. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. Yes, 
sir. 

Q. Have you a receipt?—A. Only a check. 

Q, Did you remember on what date did you i)ay your tax?—A. December 
22, 1919. 

Q. So jmu remember whether there was a poll tax charged on your receipt?— 
Yes, sir. 

Mr. T. K. WEBBER, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. In Sharpesburg Township. 

Q. How long have you lived in Sharpesburg?—A. About 14 years. 

Q. Did you vote in the election of 1920?—A. Yes, sir. 

Q. What is your age?—A. Twenty-two years. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q, Did you pay your poll tax for 1919 on or before May 1. 1920?—A. No. 

Q. You were too young to make a tax return for the year 1919?—A. Yes; 
too young. 

Mr. C. W. GREEN, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. In Turnersburg Township. 

Q. How long have you lived in Turnersburg?-^A. Five years. 

Q. Did you vote for Doughton?—A. I did. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. No. 

Q. You were 50 September 2.3, 1920?—A. Yes. 

Cross-examination: 

Q. You knew of this agreement between the two parties that no voter would 
be challenged on the ground of nonpayment of his poll tax?—A. Yes, sir. 

Q. I believe that you talked to the former chairman of county board of elec¬ 
tion, Mr. Z. V. Long about this matter?—A. Yes, sir. 

Q. I ask you that Mr. Long did not tell you that it would be perfectly legal 
for you to vote in this election?—A. Yes, sir. 

Q. I ask you whether you did not come to Statesville to pay your poll tax 
before May 1, 1920?—A. I am under the impression that I did not, that I 
thought that I was not liable for poll tax. 

Q. Did you think you was too old?—A. I found that was a mistake. 

By JNIr. Lewis : 

[Question missing.]—A. I asked IMr. Long if I could recall that and vote and 
he answered, saying there will be no challenge of this party for the nonpayment 
of poll tax; both parties had entered into an agreement not to challenge on the 
ground of nonpayment. 

Redirect examination : 

Q. You did not know, of your own knowledge, that Dr. .1. I. Campbell was a 
party to any such agreement?—A. No. 

i\lr. W. F. COWAN, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. Over near Turnersburg, Turnersburg Township. 
Q. Did you vote November 2, 1920?—A. l^es. 

Q. How long have you lived in Turnersburg?—A. Some three years. 

Q. What is your age?—A. Forty-three years. 

(}. Who did you vote for for Congress?—A. Doughton. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. Yes. 

Q. Do you have a receipt?—A. Yes; at home. 

^ Q. Do you remember what date you paid it?—A. December 30, 1919. 

" Q. Was a poll-tax charge on that receipt?—A. Yes. 

Q. Was it for the year of 1919?—A. Yes, sir. 


CAMPBELL VS. DOUGIITON. 


395 


Mr. J. W. CAMPBELL, being culled by contestant, testitied as follows: 

Direct examination : 

Q. Where do yon live?—A. In Tiirnersburg Township. 

Q. How long have yon lived in Tnrnershnrg?—A. All my life, except a 
few months that I have worked at a place or two. 

Q. How long had yon lived there prior to the election of November, •1920?— 
A. I made my home in Tnrnershnrg all my life. 

Q. When did yon go to work in Winston and come home to stay?—^A. Along 
about March, 1920. 

Q. Did you vote in the election, 1920?—A. Yes, sir. 
g. AVhat is yoqr age?—A. Twenty-six years. 

C- Did you vote for Doughton for Congress?—A. Yes. 

Q. Did yon pay yonr ]X)11 tax for 1919 on or before May 1, 1920?—A. Yes. 

Q. Did yon make a tax return for 1920?—A. Yes. 

Q. Did yon i)ay yonr poll tax yourself?—A. Yes. 

Q. Have yon a receipt?—A. Yes. 

Q. Let me see yonr receipt, please? 

(Presents receipt to attorney.) 

Cross-examination by Mr. Lewis : 

Q. Where did yon make yonr tax return for 1919?—A. Winston, Forsyth 
County, N. C. 

Q. Why did yon make a tax return in Forsyth County if you did not intend 
that as your home?—A. I was down there at work at the time to give in tax, 
so just returned there. 

Q. You say you moved from Forsyth County back to Iredell County some time 
{Ibout March 1, 1920?—A. Yes, sir. 

Mr. C. S. CURRENT, being called by contestant, testitied as follows: 

Direct examination: 

Q. Where do you live?—A. In Turnersburg Township. 

Q. Where did you vote in the election of November 2, 1920?—A. Voted in 
Turnersburg. 

Q. How long had you lived in Turnersburg Township prior to the election?— 
A. Practically all my life; 27 or 28 years. 

Q. Had you been living there previous to the election?—A. Up until Oc¬ 
tober 15. 

Q. Where dW you move to on October 15, 1920?—A. Cool Springs Township. 
Q. What is your age?—A. Twenty-nine. 

Q. Did you vote for Doughton for Congress?—A. Yes. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. No. 

Cross-examination: 

Q. Mr. Current, you were a soldier in the United States Army in the late 
war with Germany and discharged after May 1, 1919?—A. Yes. 

Q. When were you discharged?—A. July 1, 1919. 

Mr. L. B. GARTNER, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. Turnersburg Township. 

Q. How long have you lived there?—A. Twelve years. 

Q. Did you vote in the November election 1920?—A. Yes. 

Q. What is your age?—A. Twenty-four. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. Yes. 

Q. Have you got a receipt?—A. Yes. 

Mr. R. M. DANNER, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—^A. Turnersburg Township. 

Q. How long?—A. All my life. 

Q. Did you vote in the November election, 1920?—^A. Yes. 

Q. What is your age?—A. Twenty-four years. 

Q, Who did you vote for for Congress?—A. Doughton. 


396 


CAMPBELL VS. DOUGHTON, 


Q. Did you pay your poll tax for the year 1919 on or before May 1, 1920?— 
A. Yes. 

Q. Have you a receipt?—^A. Yes. 

Q. Did you pay this on the day stamped on the receipt?—A. Yes. 

Mr. J. W. ELAM, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—^A. Turnersburg Township. 

Q. How long have you lived there?—^A. All my life. 

Q. Did you vote for Doughton for Congress?—A. Yes; for Doughton. 

Q. Did you pay poll tax for 1919 on or before May 1, 1920?—^A. No. 

]Mr, H U. (JAITHER, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. In Turnersburg. 

How long have you lived there?—A. All my life, excepting eight years. 

(}. How long have you lived in Turnersburg Township prior to the election?— 
A. I lived in Eagle Mills Township until February, 1920. 

Q. Did you move from Eagle Mills Township to Turnersburg?—A. Yes. 

Q. Did you then live in Turnersburg up until the election, 1920?—A. Yes. 

Q. Did you vote?—A, Yes. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. Yes. 

Q. Have you a receipt?—A. Yes. 

Q. Did you live two years in the State prior to the election?—A. Yes. 

IMr. Q. B. GRIFFIN, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live ?—A. In Turnersburg. 

Q. How long?—A. Fifteen months. 

Q. How long have you lived in the State?—A. All my life. 

Did you vote in the election of 1920?—A. Y'es. 

Q. How old are you ?—A. Thirty-two. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. Did you pay your poll tax for the year 1919 on or before May 1. 1920?—A. 
Yes. 

Q. Have you a receipt?—A. Yes. 

Q. Were you living in Eagle Mills Township at tax-returning time in 1919?— 
A. Yes. 

Mr. D. E. HAYES, being called by contestant, testified as follows: 

Direct examination: 

Q. Where dou you live?—A. In Turnersburg. 

Q. Did you vote in the election, 1920?—A. Yes. 

Q. What is your age?—A. Twenty-four. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. No. 

Cross-examination by Mr. Lewis : 

Q. You knew of this agreement we have spoken so much about?—A. Yes, sir. 
Redirect examination : 

Q. You have never heard of Dr. Campbell being a party to it?—A. No. 

Mr. R. C. KINDER, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. In Turnersburg. 

Q. How long have you lived there?—A. Twenty-four years. 

Q. Did you vote in 1920?—A. Yes. 

Q. What is your age?—A. Twenty-four years. 

Q. Did you vote for Doughton for Congress?—A. Yes. 

Q. Did you pay your poll tax for 1919?—A. Yes. 

Q. Have you a receipt?—A. Yes. (Presents receipt to attorney.) 

Q. Did you pay this on the date stamped on the receipt?—A. Yes. 


CAMPBELL VS. DOUGHTON. 


397 


Mr. W. M. MOORE, being called by contestant, testifies as follows: 

Direct examination; 

Q. Where do you live?—A. In Statesville, ward 1. 

Q. How long have you lived in the precinct prior to the election?—A. Several 
months. 

Q. Do you know how long you had been living in the ward?—A. I could not 
say, positively, but about four months. 

Q. How long have you lived in the county?—A. Since October, 1919. 

Q. Did you vote in the election?—A. Yes. 

Q. Which precinct?—A. Ward 1. 

Q. Your age?—A. Forty-five. 

Q. Voted for Doughton for Congress?—A. Yes. 

Q. Have you a receipt?—A. Yes. 

Cross-examination: 

Q. What is date on your receipt?—A. Did not pay this receipt on that date 
stamped on the receipt; I had my real estate representative there, J. W. Self, 
pay it for me. He sold my property there. 

Q. You do know of your own knowledge that this was paid on April 30, 
1920?—A. All I know is what my representative told me, having my receipt 
before May 1. 

Q. Did you know Mr. Quinn?—A. Yes. 

Q. When did he move there?—A. I could not say, positively; about six 
months ago. 

Q. Where did he move from?—^A. Raleigh. 

Q. Do you know his politics?—A. No. 

Q. What party does he affiliate?—A. I do not know and could not say. 

Q. Mr. Moore, you state that your -real estate representative paid these poll 
tax?—A. Yes. 

Q. It was your money that paid the tax some prior to May 1, 1920?—A. Yes. 

Q. You wrote up there telling your real estate representative to pay your 
tax?—A. Yes. 

Q. He did, and you got your receipt back before May 1, 1920?—A. Yes. 

Q. Mr. E. B. Quinn was working for the Government and revenue, in 
Raleigh; I ask whether you know if this has been Mr. Quinn’s home since?— 
A. Do not know. 

Q. I have asked you whether you have not heard Mr. Quinn state several 
times?—A. No. 

Q. Y'ou work over there with Mr. Quinn, do you not, Mr. Moore?—A. Yes. 

Q. And you think it would have been the easiest way to have him?—A. 
Yes, sir. 


Mr. E. C. MOWBRY, being called by contestant, testified as follows: 

Direct examination; 

Q. Where do you live, Mr. Mowbry?—A. Turnersburg Township. 

Q. How long have you lived there?—A. Suppose about 18 or 20 years. 

Q. Did you vote in the election 1920?—A. Yes. 

Q. What is your age?—A. Forty-seven. 

Q. Who did you vote for for Congress?—A. R. L. Doughton. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?-A. No. 

Cross-examination: 

Q. You know of this agreement that was spoken about between the parties?— 
A. Yes. 

Redirect examination: 

Q. Did you know of your own knowledge that Dr. Campbell had anything to 
do with the agreement?—A. Did not. 

Mr. R. W. STROUD, being called by contestant, testified as follows: 


Direct examination : 

Q. Where do you live?—A. In Turnersburg. 

Q. Did you vote November 2, 1920?—A. Yes. 

Q. What is your age?—A. Twenty-seven. 

Q, Did vote for R. L. Doughton for (’ongress?—A. \es. 

Q. Did you pay your poll tax for 1919 on or before INIay 1, 19-0. A. Ao. 



398 


CAMPBELL VS. DOUGHTON 


Cross-examination: 

Q. You were a soldier in tlie United States Army in the late war with Ger¬ 
many?—A. Yes. 

Q. Y'^oii were exempted by the commissioners of Iredell C’ounty from the pay¬ 
ment of poll tax?—A. Yes. 

Q. Did you ever apply to the commissioners for the exemption on account of 
poverty or infirmaties?—A. No. 

Q. Have you a certificate of exemption?—A. No. 

Q. It was a general order of the commissioners to exempt a certain class of 
soldiers from poll tax?—A. Yes, sir. 

Q. Did you ever see an order made by the county commissioners of Iredell 
County exempting you from paying poll tax?—A. No. 

Mr. .1. AV. SUM^IKUS, being called by contestant, testified as follows; 

Direct examination: 

Q. Where do you live, Mr. Summers?—A. In Turnersburg. 

Q. How long?—A. About seven years. 

Q. Did you vote in the election 1920?—A. Yes. 

Q. What is your age?—A. Fifty. 

Q. AVhen were you 50?—A. December 29, 1920. 

Q. Did you vote for Doughton?—A. Yes. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. Yes. 

Q. Have you a receipt?—A. Yes. 

Q. Did you pay your tax on April 7, 1920?—A. Yes. 

Mr. J. N. THOMAS, being called by contestant, testified as follows; 

Direct examination: 

Q. Where do you live?—A. In Turnersburg. 

Q, How long?—A. All my life. 

Q. Did you vote in the election 1920?—A. Yes. 

Q. What is your age?—A. Forty-six. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. Did you pay your poll tax on or before INlay 1, 1920?—A. Yes. 

Q. Have a receipt?—A. Y’es. 

Q. Did you pay this on the date stamped on the receipt?—A. Yes. 

(Date stamped on the receipt is December, 1919.) 

Mr, A. R. WEST, being called by contestant, testified as follows: 

Direct examination : 

Q. AVhere do you live?—A. In Turnersburg, 

Q, AVho did you vote for for Congress?—A, Doughton. 

Q. How long have you lived in Turnersburg —A. All my life. 

Q. Did you vote November 2, 1920?—A. Yes. 

Q. What is your age?—A. Thirty-eight. 

Q. Did you pay for poll tax for 1919 on oi- before May 1, 1920?—A. No. 

Mr. W. S. WINSOR, being called by contestant, testified as follows: 

Direct examination: 

Q. Where you live?—A. In Turnersburg Township. 

(}. How long have you lived there?—A. Seven years. 

Q. Did you vote in the election, 1920?—A. Yes. 

Q. What is your age?—A. Forty-four. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. Did you pay your poll tax?—A. l"^es. 

Q. Have yqu a receipt?—A. Y'es. 

Q. What is the date of your receipt?—A. Not dated. 

Cross-examination: 

Q. The amount of your tax as shown by the receipt is $14.74?—A. Yes. 

Q. Your receipt further shows that you got a reduction of 14 cents, paying 
a total of $14.60?—A. Yes. 

Q. Poll tax is charged on that receipt?—A. Yes. 

Q. You are positive that you paid your ])oll tax on or before IVIay 1, 1920?— 
A. Yes, sir. 


CAMPBELL VS. DOUGHTON. 


399 


Mr. A. F. YORK, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. In Turnersburg. 

Q. How long have you lived there?—A. All my life, except about four years. 
Q. How long did you live there prior to the election?—A. Fourteen years. 

Q. Did you vote there?—A. Yes. 

Q. What is your age?—A. Forty-four. 

Q. Who did you vote for?—A. Doughton. 

Q. Did you pay your poll tax before May 1, 1920?—A. Yes. 

Q. Have you a receipt?—A. I have it at home. 

Q. So you remember when you paid it?—A. Not exactly. 

Q. Was a poll tax charge on the receipt?—A. Could not say positively. 

Q. Do you remember whether you received a discount?—A. Yes. 

Mr. O. G. SILLS, being called by contestant, testified as follows: 

Direct examination ; 

Q. Where do you live?—A. In Turnersburg. 

Q. How long?—A. Since August 15, 1919. 

Q. How long in the State?—A. All my life. 

Q. Did you vote in the last election?—A. Yes. 

Q. Who did you vote for for Congress?—A. R. L. Doughton. 

Q. Did you pay your poll tax for 1919?—A. Yes. 

Q. Have you a receipt?—A. Yes. 

Q. Did you pay this on the date it is stamped here?—^A. Yes. 

Mr. R. S. MOORE, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. In Concord Township. 

Q. How long?—A. Two years, past. 

Q. How long in the State?—A. All my life. 

Q. Did you vote in the November election, 1920?—A. I did. 

Q. Did you vote for Doughton for Congress?—A. Yes. 

Q. Did you pay your poll tax for 1919?—^A. No. 

Cross-examination: 

Q. Mr. Moore, you knew of this agreement between the two parties of the non¬ 
payment of poll tax. Did you know the Grider family, Mr. Moore ? 

(Objected to by contestant.) 

Q. Did you know of a family of Griders?—A. Yes. 

Q. How many voted in that family in the last election?—A. Two of them, a 
young man and his father. 

Q. When did that family move from the State of Virginia to the State of North 
Carolina?—A. In the fall of 1919. 

Q. Were in what precinct did they vote?—A. Concord. 

Q. How did they vote?—A. For Campbell. 

Q. I ask you further if it was not generally understood that his railroad fare 
was paid from the State of Virginia to vote for Campbell?—A. I did not hear 
him say it, but some other one. 

Q. Who was the other party?—A. Joe James. 

Q. What is his politics?—A. Republican. 

Q. The young man who voted for Campbell, in this township, is now carrying 
the mail in the State of Virginia, on the rural routes?—A. Yes. 

Q. He was then a mail carrier in the State of Virginia when down here on a 
visit and voted for Dr. Ike Conipbell?—A. Yes. 

Q. Did you furnish him the ticket that he voted that day any time?—A. No. 

Q. Did you see the name of any person printed on the ticket that he voted ?—A. 
I did not. 

Q. Did you see the name on the congressional ticket that he voted?—A. No. 

Q. Do you know that he voted a congressional ticket?—A. I heard his friends 
say that he did. 

Q. You never did hear him say so?—A. No. 

Q. It was generally understood by all men and women in Concord Township 
that this Grider family was straight Republicans, and was there and voted in 
the last election, 1920?—A. Yes, sir. 


400 


(’AMPBELL VS. DOUGHTON. 


Mr. L. A. ANDERSON, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. In Eagle Mills. 

Q. How long?—A. About 9 or 10 years. 

Q. Did you vote November 2, 1920?—A. Yes. 

Q. What is your age?—A. Thirty-four'years. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. Did you pay your poll tax on or before May 1, 1920?—A. Yes, 

Q. Have you a receipt?—^A. Yes. 

Q. Let me see it? 

(Presents receipt to attorney.) 

Q. Did you pay this on the date stamped on it?—A. Yes. 

(Date of receipt is November 22, 1919.) 

Mr. C. A. BAGGERLY, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. In Eagle Mills Township. 

Q. How long?—A. All my life. 

Q. Did you vote in the November election?—A. Yes. 

Q. What is your age?—A. 29. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. Yes. 

Q. Do you have a receipt?—A. Yes. 

Q. Let me see it? 

(Presents receipt to attorney.) 

Q. Did you pay this on the date stamped on your receipt?—A. Yes. 

(Dated November 27, 1919.) 

Mr. G. W’. BAITY, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. In Eagle Mills Township, 

Q. How long?—A. About 48 years, 

Q. Did you vote in the election, 1920?—A. Yes. 

Q. AVho did you vote for for Congress?—A. R. L. Doughton. 

Q. Have you paid your poll tax on or before May 1, 1920?—A. Yes. 

Q. Have you a receipt?—A. Yes. 

Q. Let me see it? 

[Presents receiid to attorney.] 

Q. Did you pay your tax on the date stamped on the receipt?—A. Yes. 

[It is stamped paid December 30, 1919.] 

Mr. M. A. MYERS, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do yon live?—A. In Eagle Mills Township. 

Q. How long?—A. 13 years. 

Q. Did you vote in the November election?—A. Yes. 

(}. What is your age?—A. 38. 

Q. Who did yon vote for for Congress?—A. R. L. Doughton. 

Q. Did you pay your poll tax for 1919 on or before May 1. 1920?—A. Yes. 

Q. Have you a receipt?—A. Had one at home; paid it 4,' 29, 1920. 

Cross-examination: 

Q. You paid $5.24 April 29, 1920, so that you could vote?—A. Yes. 

Q. Did you hear INIr. A. W. Tharpe—well as I now remember that, I^Ir. Sam 
.Toyner told you to vote the Democrat ticket and we would stand by you if you 
would ever get into trouble?—A. No. 

Q. What is Mr. Rowe Tempeton’s politics?—A. Republican. 

Q. What is Mr. L. C. Myer’s?—A. Republican. 

Q. Do you live on the lands of Mrs, L. C. Myer’s?—A. Yes. 

Q. What kin is Mr. Rowe Templeton to Mr. Myers?—A. Son-in-law. 

Q. What did Mr. Rowe Templeton say would happen to you if you voted the 
Democratic ticket, and that you could not stay on his place; you would have to 
move?—A. Yes. 


("AiMPBELL VS. DOUGHTON. 


401 


Q. I ask yon if ^Ir. Tharpe did tell you to slip the ticket in and tell the 
Democrats that yon were voting the Democratic ticket?—A. Yes. 

Q. Did yon fold the ticket np and slip it in?—A. No. ' 

Q. I ask yon if yon did vote the Democratic ticket?—A. Yes. 

Q. Where do yon live now?—A. I live on the same place. t 

Redirect examination: ’ 

Q. Have yon ever received orders from L. C. Myers to move?—A. No. ' ■ 

Q. L. C. Myers is a man of his word, is he not?—A. Yes. 

Q. If L. C. Myers had told Templeton any such stuff as that, yon would have 
been gone from'that place now?—A. I do not know. 

Q. But yon do know that he does what he says he is going to do, and have had 
no orders to leave his premises?—A. No. 

Q. Yon are going to live on his place another year, are yon not?—A. Yes. 

Q. Said had it rented for another year?—A. Yes. 

Examined by Mr. Lewis : 

Q. Mr. Myers, INIr. Templeton told you this before the election in order to 
make yon vote the Republican ticket?—A. Yes. 

Q. Who is Rowe Templeton?—A. Son-in-law of Mr. L. C. Myers. 

E. D. RENEGAR, being called by contestee, testified as follows: 

Direct examination: 

Q. How long have yon lived in Eagle Mills?—A. Practically all my life, 
except three years’ absence. 

Q. Did yon live there two years before the election?—A. Come back in June 
15, 1919. 

Q. How long did you live in Indianapolis?—^A. About three years. 

Q. Did you make that your home while you lived there?—A. Yes. 

Q. Did you vote November 2, 1920?—A. Yes. 

Q. What is your age?—^A. Thirty-two years. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. Did you pay your poll tax?—A. I paid my tax what was charged to me, 
but I am not positive as to my poll tax. 

Q. Did you make a tax return for 1919?—^A. No. 

Cross-examination : 

Q. Yon say that your family was back here?—A. Yes. 

Q. Now, I ask yon, IMr. Renegar, whether this has been yonr legal residence 
all yonr life?—A. Yes. 

Q. Yon paid yonr tax here?—A. Yes. 

Q. Poll tax and all when yon paid yonr tax, intended to pay yonr poll and 
all, so while yon was ont in the Western States yon intended to return your poll 
tax here and made it yonr legal residence?—A. Yes. 

Q. Yon worked for the railroad company and had a pass and came home every 
six months and had yonr family here, and this is your general home?—A. Yes. 
Q. Are you a married man?—^A. Yes. 

Q. Where did yonr wife live while yon were away?—A. She lived in Eagle 
Mills Township. 

Q. Did you vote here in 1918?—A. Yes, sir. 

Mr. .1. M. WOOTEN, being called by contestant, testified as follows: 

Direct exaihination: i 

Q. Where do you live?—A. In Eagle Mills. 

Q. How long?—A. About 21 years. 

Q. Did you vote November 2, 1920?—A. Yes. 

Q. What is your age?—A. Fifty-two. 

Q. When were you 50?—A. Were 50 January 3, 1920. 

Q. Who did you vote for for Congress?—A. Dr. Campbell. 

Cross-examination : 

Q. Did not pay your poll tax, did you?—A. No. 

Q. Mr. Wooten. I ask you if you did not pay $11.48 for tax?—A. Yes. 
(Receipt No. 353. Wooten. J. M., 94 acres, valued $449. Personal property 
valued $210. Total value, $6.59. Poll inai ked ont. The amount of tax, $11.26, 
stami)ed paid February 11, 1920.) 

57695—21-26 



402 


CAMPBELL VS. DOUGtITON. 


Q, So you own the 94 acres of land?—A. Yes. 

Q. Are you exempted from payment of poll tax ?—A. Yes. 

Q. Have you a certificate from the exemption board?—A, Yes. 

Q. Where is that certificate?—A. At home. 

Q. You do know whether it has been revoked and charged, the poll against 
you?—A. I have been charged by list takei*, that he had a little personal dif¬ 
ference against me. 

(}. Since that time your certificate for (exemption has not been renewed?— 
A. No. 

Q. You work all the time; make a regular hand. You own this 94 acres of 
land up there?—A. Yes. 

Q. You have never been notifie<i by the commissioner of Iredell County that 
your certificate was revoked?—A. No. 

Q. Mr. Wooten, when you paid your poll tax why did you not see the com- 
missionei-s and get a rebate?—A. The .same power that put it on kept it on. 

Q. So, Mr. Wooten, did you know that you ought to pay poll tax?—A. Did 
not think I ought to. 

(Dismissed until 3 o’clock p. m.) 

iVlAECH 4, 1921, 3 p. m. 

Mr. W. A. BOYATPIR, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. Statesville. 

What precinct?—A. First ward. 

Q. How long have you lived there?—A. Since November, 1919. 

Q. How long have you been in the State?—A. Since the spring of 1914. 

Q. Did you vote in the election 1920?—A. Yes. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. What is your age?—A. Thirty-eight. 

Did you pay your poll tax for 1919 on or before May 1, 1920?—A. No. 

Cross-examination: 

Q. Mr. Boyater, you knew of this agreement that has been entered into by 
the chairman of the Democratic Party and the chairman of the Republican 
Party not to challenge any voter on the grounds of the nonpayment of poll 
tax?—A. Yes. 

Redirect examination : 

Q. You did not know of your own knowledge whether Dr. Campbell was a 
party of this agreement or not?—A. No. 

Mr. .1. D. CDCKRANE, Jk., being called liy centestant, testified as follows: 
Direct exaiidnation: 

Q. Where do you live?—A. In Statesville. 

Q. What precinct?—A. Ward No. 1. 

Q. How long have you been there?—A. Practically all my life. 

Q. Did you vote in the election of 1920?—A. Yes. 

Q. Who did you vote for Congress?—A. Doughton. 

(h What is your age?—A. Twenty-seven. 

Q. Did you pay your poll tax for 1919 on or before INIay 1. 1920?—A. No. 
Cross-examination: 

Q. You knew of this agreement not to challenge on the nonpavment of poll 
tax?—A. I did. 

Redirect examination: 

(}. Dr. C’ampbell was not a party to this agreement to vour knowledge?— 
A. No. 

Mr. N. M. COOKE, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. Statesville. 

Q. What precinct?—A. Ward No. 1. 

(}. How long have you lived there?—A. Fourteen years. 

Q. Did you vote November 2, 1920?—A. Yes. 

Q. Who did you vote for?—A. Doughton. 


CAMPBELL VS. DOUGHTON. 


403 


Q. What is your age?—A, Thirty-four. 

Q. Did you pay your poll tax for 1919?—A. No; did not pay. 

Cross-examination: 

Q. Mr. Cooke, you were exempted hy the commissioners, were you not?—A. 
Yes. 

Q. You have been cripped from birth and have had rheumatism, and they ex¬ 
empted you on account of your physical condition?—A. Y^es. / 

Q. That order has never been revoked; in other words, you did not pay poll 
tax?—A. No. 

Mr. C. P. DAVIDSON, being called by contestant, testified as follows: 

Direct examination : 

Q. Where do you live?—A. In ward No. 1. 

Q. How old are you, iMr. Davidson?—A. Twenty-three. 

Q. Were you 21 August, 1918?—A. Yes. 

Q. Will be 24 in August of this year?—A. Yes. 

Q. How long have you lived in ward No. 1?—A. Since 1901. 

Q. Did you vote November 2, 1920?—A. Yes. 

Q. Who did you vote for Congress?—A. Doughton. 

Q. Did you pay your poll tax for 1919?—A. No. 

Cross-examination : 

Q. Were you a soldier in the late war?—A. In the Navy. 

Q. Were exempted by the commissioners of Iredell County from paying poll 
tax?—A. Yes. 

Q. Did you ever apply to the county commissioners for exemption on ac¬ 
count of poverty?—A. No. 

Q. Have you in your possesision a certificate of exemption?—A. No. 

Mr. FRANK A. HILL, being called by contestant, testified as follows; 

Direct examination: 

Q. AVhere do you live?—A. In Statesville, ward No. 1. 

Q. How long have you lived there?—A. Practically all my life. 

Q. Did you vote in the election of 1920?—A. Yes. 

Q. Who did you vote for for Congress?—A. Doughton. ' 

Q. What is your age?—A. Twenty-six. 

Q. Did you pay your poll tax for 1919?—A. No. 

Cross-examination: 

Q. Were you a soldier in the United States Army in the late war with Ger¬ 
many, and discharged after May 1, 1919?—A. Y^es. 

Q. And were you exempted from paying poll tax by county commissioner?—A. 
Yes. 

Q. Did you ever apply to the board of commissioners of Iredell County for 
exemption on account of poverty or infirmities?—A. No. 

Q. Have you a certificate of exemption?—A. No. 

Q. When did you get back home from the Army?—A. On July 1, 1919. 

Mr. C. A. MITCHELL, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. In Statesville, ward No. 1. 

Q. How long have you lived there?—A. About all my life. 

Q. Did you vote in the election of 1920?—A. Yes. 

Q. Who did you vote for for Congre.ss?—A. R. L. Doughton. 

Q. What is your age?—A. Twenty-six. 

Q. Did you pay your poll tax for 1919?—A. Yes. 

Q. Have you a receipt?—A. Yes ;-have a receipt. 

Q. Let me see it. [Presents it to attorney.] i 

Q. Did you pay this on the date stamped on this receipt—April 26, 1920?— 

A. Yes. 

Mr. V. H. NASH, being called by contestant, .testified as follows: 

Direct examinati(m: 

Q. Where do you live?—A. In Statesville. 

Q. What precinct?—A. Ward No. 1. 


404 


CAMPBELL VS. DOUGHTON. 


Q. How long have yon lived there?—A. Sixteen years. 

Q. Did you vote November 2, 1920?—A. Yes. 

(}. Who did you vote for for Congress?—A. Doughton. 

Q. What is your age?—A. Forty-three. 

(}. Did you pay your poll tax for 1919?—A. No. 

Cross-examination : 

Q. You knew of the agreement that was made between the Republican and 
Democratic Parties not to challenge any voter on the nonpayment of their poll 
tax?—A. Yes. 

Q. When did you hear of it?—A. It was long before the election—some time 
during the summer before the election. 

Redirect examination: 

Q. Did you hear that Dr. Campbell was an agreement to the party; was he?— 
A. No. 

Mr. M. F. NASH, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. Statesville Township. 

Q. What precinct?—A. Precinct No. 1. 

Q. How long have you lived there?—A. Most 12 months the 5th of April. 

Q. How long have you lived in the State?—A. All my life. 

Q. Had you lived in the State preceding the election?—A. Yes. 

Q. Did you vote in the election of 1920?—A. Yes. 

Q. AVho did you vote for?—A. Doughton. 

Q. What is your age?—A. Forty-eight. 

Q. Did you pay your poll tax for 1919 before May 1, 1920?—A. No. 

Cross-examination; 

Q. You knew of this agreement between the two parties not to challenge any¬ 
one of the nonpayment of poll tax, and when you voted you thought that vote 
entirelj^ legal?—A. Yes. 

Redirect examination: 

Q. You never heard of Dr. Campbell being a party of this agreement, did 
5"ou?—A. No. 

]Mr. THOMAS L. TUCKER, being called by contestant, testified as follows: 

Direct examination: 

Q. AVhere do you live?—A. In precinct No. 1. 

Q. How long have you lived there?—A. I moved over there March 22. 

Q. How long have you lived in the State?—A. All my life. 

Q. Did you vote in the election of 1920?—A. Yes. 

Q. AATio did you vote for for Congress?—A. Doughton. 

Q. What is your age?—A. Thirty-three. 

Q. Did you pay your poll tax for 1919?—A. No; exempted. 

Q. Have you got a certificate?—A. No; I lost it; can get a copy of it in the 
commissioner’s office. 

Cross-examination: 

Q. AVhen did you come back from Florida?—A. Came back 1st of last July, 
1920. 

Q. AVhat did you do while you were in Florida?—A. I helped my father w^hile 
there in trucking. 

Q. Did you go there in view of going into business with your father?—A. No. 

Q. You went to stay if you liked it there all right, did jmu?—A. No; I did not 
go with the intention of staying. 

Q. You went to Florida to see your father more on a visit than anything else; 
you moved your property over to precinct No. 1 to your brother’s March 22, 
1920?—A. Yes. 

Q. Precinct No. 1 has been your home?—A. Yes. 

Q. What was you exempted from paying poll tax for?—A. I was exempted 
from my leg and arm being broken and unable to work. 

Q. The tax scrolls show each year that you was exempted from paying poll 
tax?—A. Yes. 


CAMPBELL VS. DOUGHTOISr. 405 

Q. What became of that certificate?—A. I could not tell you; got misplaced 
some way. 

Q. Who did you say made you that certificate?—A. Mr. .Tames Hager; he 
was then a member of the board of commissioners. 

IMr. W. F. WARLIGK, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. Statesville, ward No. 1. 

Q. How long have you lived in that ward?—A. Fifteen months. 

Q. How long have you lived in the State?-—^A. Have lived in the State prac¬ 
tically all my life. 

Q. Did you live in the State two years preceding the election?—A. Yes. 

Q. Did you vote November 2, 1920?—A. Yes. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. What is your age?—A. Twenty-four. 

Q. Did you pay your 1919 poll tax?—A. No. 

Cross-examination : 

Q. You were a soldier in the United States Army in the war with Germany?— 
A. Ihs; exempted on account of that service by board of commissioners of 
Iredell County. 

Q. Did you ever make an application with the board of commissioners for that 
exemption?—A. No. 

Q. Have you a certificate of exemption?—A. No. 

Mr. R. W. GRAEBER, being called by contestant, testified as follows: 

Direct examination: 

Q. Where do you live?—A. In Statesville. 

Q. What precinct did you live in prior to the election?—A. Ward No. 1. 

Q. How long have you lived in the State prior to the election?—A. Nearly 
33 years. 

Q. What is your age?—A. Thirty-three. 

Q. Who did you vote for for Congress?—A. Doughton. 

Q. Did you make a tax return for 1919?—A. I did not. 

Q. Did you pay a poll tax for 1919 on or before May 1, 1920?—A. I did not. 

Cross-examination: 

Q. Mr. Graeber, you knew of the agreement between the Democratic and the 
Republican Parties of Iredell not to challenge any voter on the grounds of 
nonpayment of poll tax?—A. I did, and voted in keeping with that agreement. 

Redirect examination: 

Q. Y^ou did not know of your own knowledge that Dr. Campbell was a party 
to that agreement?—A. Did not. 

BY CONTESTANT. 

It is admitted in 0 ])en hearing by counsel for contestee, R. L. Doughton, that 
Raymond Allison voted in ward No. 1 for contestee, Robert L. Doughton, on 
November 2, 1920; that he is between 21 and 50 years of age; that he is liable 
for poll tax for the year 1919 and failed to pay same on or before May 1, 1920. 
And further, that he was a soldier in the United States Army in the late war 
with Germany, and was not discharged until after May 1, 1919. 

It is admitted in open hearing by counsel for contestee, Robert L. Doughton, 
that Fred Wilson voted in Chambersburg Township November 2, 1920; that he 
is between the ages of 21 and 50 years, and he was liable for poll tax in the 
year 1919, but failed to pay same on or before May 1, 1920. And it is admitted 
both by the counsel by contestee of this party that he was a soldier in the 
United* States Army and was not discharged until after May 1, 1919. 

North Carolina, Iredell County: 

I J A. Stewart, notary public in and for the county of Iredell, as commis¬ 
sioner of testimony in the hearing of .Tames I. Campbell, contestant, and Robert 
L. Doughton, contestee, do hereby certify that the above transcript of evidence 
by Mrs. B. P. Ravis, as stenographer, who was duly sworn by me, is a true 


406 


CAMPBELL VS. DOUGHTON. 


and correct copy of evidence produced before me as commissioner of testi¬ 
mony at Statesville, N. O., on the 14th day of March, 1921. 

[SEAL.I J. A. Stewart, 

Notary Public and Commififiioner of Testimony. 

My commission expires October 20, 1922, 

I, Mrs. J. D. Dorsett, notary public and commissioner of testimony in the 
above-entitled action, do hereby certify that the witnesses whose names are 
hereto attached were duly sworn and examined before me, their evidence 
written and hereto attached, the same being a true and correct report of the 
same. 

Witness my hand and seal this the 17th day of June, 1921. 

[SEAL.] Mrs. J. W. Dorsett, 

Notary and Commissioner of Testwiony. 

My commission expires November 29, 1922. 

Hearings in the above-entitled cause opened and held in the county court¬ 
house in the city of Salisbury, N. C., at 12 o’clock m., Monday, February 28, 
1921, Mrs. J. D. Dorsett, notary public, under her official commission and oath 
as notary public, sitting as commissoner of testimony. Miss Marie Shank, court 
reporter, being duly sworn. 

Present on behalf of contestant. Attorneys A. E. Holton, James J. Britt, Monroe 
Adams, and J. M, Waggoner; present on behalf of contestee, his own proper 
person, Hon. Robert L, Doughton. Gov. T. W. Bickett, Kerr Craig, and P. S. 
Carlton. 

Mr. J. P. McCUBBINS, a witness introduced by the contestant, being first 
duly sworn, testified as follows: 

Direct examination by Mr. Britt : 

Q. Your name is J. P, McCubbins?—A. Yes, sir, 

Q. You are clerk of the superior court of Row^an County?—A. Yes, sir. 

Q. State whether the sheriff or tax collector of Rowan County made to you, 
within 10 days after the 1st day of May, 1920, a certified list of all the persons 
between the ages of 21 and 50, male persons, who paid their taxes on or before 
the 1st day of May, 1920, for the tax year 1919.—A. He did. 

Q. Have you such a list?—A. I have, sir. 

Q. Will you please exhibit it?—A. Yes, sir. [Exhibits list.] 

Q. I hold in my hand a scroll, or paper, which you have just handed to me. 
State whether this is the certified list as given to you by the sheriff of Rowan 
County.—A. That is the list he gave me. 

Q. I ask you whether it is now in the same words and figures as when it was 
delivered to you?—A. It is, sir. 

Q. And it has been in your custody since that time?— A.. Since the 10th day 
of May. 

Q. It was delivered to you on the lOth day of May?—A. I think the date is 
on there; the 10th of May. 

Q. State whether you have made any transcription of this record upon any 
other record.—A. I made it here in my record. 

Q. Is that one of the official records of your office?—A. Yes, sir; the book 
I copy them in. We copy them every two years. My deputy does the copying, 
but I know this is the same list that Dr. Campbell and all of them looked over 
themselves. 

Mr. Britt. I offer the scroll or record exhibited by the clerk of the superior 
court for reference during the hearings, to be cited and referred to as occasion 
may require, with the understanding that when it has subserved its purpose 
it is to be returned to him in the condition in which it now is. 

Q. Mr. McCubbins, state whether, at the time of or immediately after the 
election of November 2, 1920, any election ballots, or election ballots and certifi¬ 
cates, or any of each, were returned to you for your keeping?—A. Ballots? 

Q. Yes, sir.—A. No, sir. 

Q. No election certificates were returned to you?—A, No, sir. 

Q, And no attached ballolts and certificates were returned to you?—A, None 
whatever. 

Q. Of absentee votes?—A. No, sir. 

Q. Are your taxes collected by the sheriff or tax collector?—A. Sheriff, now, 
sir. 


CAMPBELL VS. DOUGH TON. 


407 


Q. He col]€K;*ts tlie money by deputies in the various townships?—A. Well, I 
don’t know exactly the sherilt’s foiTu. He makes two or three runs himself, 
and then 1 don’t think he jirenerally puts them in the hands of deputies until 
after tliat. 

Q. State whether Itowan County hoard of election canvassers submitted any 
abstracts of returns to your office as a result of the election.—A. Yes, sir, 

Q. You have those in your keeping at the present time?—A. Yes, sir. 

xVnd will have them ready to submit to this hearing, if called for?—A. 
Yes, sir. 

Q. Have you a record of the aggregate vote cast in the county for the con¬ 
testant, James I. Campbell, and for the contestee, Robert L. Houghton?—A. I 
don’t know as I understand the question. 

(The stenographer reads the question to the witness.) 

A. I should say I have. I have everything that the board of canvassers left. 

Q. If you have them, I will ask you to present to the hearing the tabulation 
of the congressional vote. You can get it and bring it up at your leisure later 
on-—A. Do you want the original returns, by toAvnshii).s, or do you want it as 
tabulated? 

Q. I assume that the abstracts were made to the registrars and that the poll 
scrolls returned to the precincts were returned to you, and they would show the 
total vote?—A. That is in my office. 

Q. You may bring it up. 

Mr. J. D. DORSETT, a witness introcluced by the contestant, being first duly 
sworn, testifies as follow's: 

Direct examination by James. J Bkitt : 

Q. Your name is J. D. Dorsett?—A. Yes, sir. 

Q. Where do you live, Mr. Dorsett?—A. Spencer, 

Q. State whether you were a .iudge of election at Spencer precinct at the 
election held November 2, 1920?—A. I was. 

Q. Have you more than one precinct in that town?—A. No, sir; only one. 

Q. Who were your fellow judges there?—A, IMr. J. R. Cru.se was registrar, 
and Ml*. .Terry Bantam was judge. 

Q. You were living in the town of Spencer at and immediately before the 
election, and during the campaign leading up to the election of 1920?—A. Yes, 
sir; I have lived there for 20 years. 

Q. What is your business, or occupation, IVIr. Dorsett?—A. Real estate. 

Q. As such resident and Imsiness man, are you familiar with the campaign 
made prior to the election by the different speakers and candidates?—A. 
Yes. sir. 

Q. As a citizen, you are familiar with the different lines of argument, litera¬ 
ture. and other appeals that are usually made to the voters in a political cam¬ 
paign in our country?—A. Yes, sir, 

Q. State whether at any time during the campaign, prior to the election, or 
on the day of the election, you saw a so-called picture, either in the press or in 
separate form, purporting to carry the visage of the Republican candidate for 
Pi-esident. Warren G. Harding, with a groiq) of colored men? 

Gov. Bickett. The contestee objects to any evidence in respect to political 
arguments and speeches that were made during the campaign as being irrelevant 
to any issue in this investigation, upon the ground that there is not a man in 
the United States who could hold office if he could be ousted by showing the 
character of speeches made on the other side. 

A. Yes, sir. 

Q. How often and where and in what form did you see such representation?— 
A. Well, they had one tacked on the window of the mayor’s office, where the 
Democratic registrar was registering the voters. 

Q. One of the so-called pictures?—A. Yes, sir. 

Q. Tacked on the outside of the window?—A. On the inside of the window, 
with the face pasted toward the window% so you could see it from the outside, 

Q. What place was that?—A. The mayor’s office, occupied by the Democratic 
registrar, 

Q. Was it there during the period of registrjition ?—A. I think so, sir. 

Q. For how long?—^A. For some time. I can’t tell you for how many days, 
but for some time. 

Q. State whether or not it was in a position where it was constantly open to 
the public gaze.—A. Yes; all during the day. And then, another picture of the 
same kind was put in the building occupied by the Women’s Club of Spencer. 


408 


CAMPBELL VS. DOUGHTON. 


Q. How long did the picture remain there?—A. It was there several days. 

Q. Was it there during the campaign and prior to the election?—A. Yes, sir. 

Q. Do you know whether it was there on the day of election?—^A. Yes, sir; 
it was. 

Q. Was the one to which you refer, in the office of the mayor, posted on the 
day of election?—A. I am not sure. They also had, in the lady Democrats’ 
window, that purported letter from the colored women—an open challenge to 
the white women of North Carolina. 

Q. Where was it on exhibition, you say?—A. This letter was exposed in the 
window of the ladies’ Democratic room—club room. 

Q. In what form was it exposed?—A. Pasted on the window. 

Q. How long did it remain there?—A. Several days. 

Q. Did you ever see the picture or circular in any other place?—A. I saw it in 
the newspaper. 

Q. Do you recall in what newspaper?—A. In a paper published at Baden. 

Q. The Baden Tribune?—A. Yes; I believe that is the name. 

Q. Did you ever see it in the Charlotte Daily Observer?—A. No. 

Q. Did you see it in the Raleigh paper?—A. I think I saw it in the Raleigh 
paper. 

Q. In the Greensboro paper?—A. No; not in the Greensboro paper. 

Q. Baden is in the eighth congressional district?—A. Yes, sir; Stanley 
County. 

Q. Do you know a relatively large number of the voters who cast their bal¬ 
lots at the Spencer precinct?—A. Yes, sir. 

Q. I ask if you know the voter A. S. Walton?—A. Yes, sir. 

Q. What is his reputed politics?—A. Democratic. 

Q. Did he vote for Mr. Doughton or Dr. Campbell at the November election?— 
A. Mr. Doughton. 

Q. What age is ]Mr. Walton?—A. Between the ages of 21 and 50. 

(}. Where did he reside?—A. Spencer. 

Q. AVhere did he reside in 1919?—A. He has lived there several years. 

(y. Have you examined the records of the tax books to see whether he paid 
a poll tax for the year 1919?—A. Yes, sir. 

Q. Did he so pay? 

Idle conte.stee objects to the testimony of the witness as to whether or not a 
voter had jtaid his poll tax on the ground that he is no the keeper of the recoials. 

A. There is no poll tax paid. 

(^. Do you know L. A. Vuncannon?—A. Yes, sir; I know IMr. Yuncannon. 

(}. What is his politics?—A. Democratic. 

(J. Did he vote at the late election?—Yes, sir. 

(}. For whom did he vote for Congress?—A. IMr. Doughton. 

(,). What age is he?—A. I am not sure about his age. He is not far from .50; 
between 40 and 50. 

Q. Have you examined the tax books to see whether he paid his poll tax 
for the year 1919?—A. Yes, sir. There is no poll tax paid. 

Q. Do you know .1. F. Cornelius?—A. Yes, sir. 

Q. Did he vote at Spencer precinct at the November election?—A. Yes, sir. 

Q. For whom did he vote for Congress?—A. He didn’t vote for Congressman. 

Q. Do you know A. AV. Leonard?—A. Yes, sir. 

Q. Did he vote at the November election?—A. Yes, sir. 

<}. Foi- whom did he vote for Congress?—A. Mr. Doughton. 

Q. What is his age?—A. Between 21 and 50, I think. 

(}. Have you examined the tax records to see if he paid his poll tax for 
1919?—A. Yes, sir. He didn’t. He was not on the list of poll tax paid. 

The contestee objects to this witness testifying about anybody paying poll tax. 
The record itself is the best evidence of that. 

Q. How long has he lived in Spencer?—A. Something like five years or 
longer. 

Q. laved there at the time of tax listing for 1919?—A. Yes, sir. 

(). How old is he, about?—A. Between 22 and 50 years old; best of my 
knowledge. 

Q. Do you know E. D. Bantam?—A. Yes, sir. 

AVhat age is he?—A. He is a young man ; I don’t know his age. 

Q. AVhat should you say? 

The contestee objects to this witness testifying to the age of voters unless he 
is qualified by being a member of the family. 

A. He is a young, married man ; married two years. 


CAMPBELL VS. DOUGHTON. 


409 


Q. Did he vote at the late election?—A. Yes, sir. 

Q. For whom for Congress?—A. Mr. Dough ton. 

Q. Have you examined the tax books to see if he had paid his jioll tax?— 
A. I have. 

(.2- Did he so pay?—A. No, sir. 

Q. I show you a writing and ask you to identify it, if you know what it is?— 
A. This is a copy of the names of the voters that voted in the last election in 
the town of Spencer. 

Q. As such, you have checked certain voters on that list, following those that 
I have read?—A. Yes, sir. 

Q. I will ask you to read them in the order that I have checked them, that 
I may ask the pro])er questions concerning them. Thof^e that are checked.—A. 
li. E. Andrews. 

Q. Did R. E. Andrews vote at Spencer precinct at the last election?—A. 
Yes, sir. 

Q. For whom did he vote for Congress?—A. INIr. Dough ton. 

Q. What is his age? 

The contestee objects to the witness stating the age of the alleged voters, on 
the ground that the best evidence is the record of some member of the family, or 
some other person living in the family. Unless this witness can qualify by 
having lived with the family, or otherwise become acquainted with him to the 
extent of being a judge of the age, the contestee objects to his testifying, 

Q. Read the next, Mr, Dorsett?—A. J. L. Clement. 

Q. Did he vote at the November election?—A. Yes, sir. 

Q. For whom did he vote for Congress?—A. I think he voted for IMr. 
Dough ton. 

Q. Have you examined the record to see whether he had paid his poll tax 
for 1919?—A. He hadn’t paid his poll tax. 

Q. How long had he lived in Spencer?—A. I don’t know how long. 

Q. Was he there the 1st day of INIay, 1920? That is where he lived at that 
time?—A, I can’t tell you for certain. 

Q. Pass to the next.—A, C. W. Betts. 

Q. For whom did he vote for Congress?—A. Mr. Doughton. 

Q. Have you examined the record to see whether he paid his poll tax for 
1919?—A. Yes, sir. 

Q. Did he so pay?—A, No. 

Q. How long has he been living in Spencer?—A. Several years. 

Q. Was he living there the 1st day of May, 1920?—A. Yes, sir, 

Q, Proceed to the next.—A. I. O. Miller. 

(). Did he vote at the November election?—A. Yes, sir. 

Q. For whom did he vote for Congress?—A. INIr. Doughton. best of my 
knowledge. 

Q, What aged man is he?—A. Under 50 years old. 

By Gov. Bickett : 

Q. You spoke of the best of your knowledge, Mr, Witness. How have you 
derived that knowledge?—A. Why, I was judge of the election, and I saw 
about all the votes put in. 

By Mr. Bkitt ; 

Q. Your answers to these questions as to apparent age is based upon 
acquainance with them?—A. Yes, s’r. And the best of my knowledge. 

Q. We understand you are swearing to the best of your knowledge. Pro¬ 
ceed to the next name.—A. IT. Ti. Cook. 

Q. Did he vote at the November election?—A. Yes, sir. 

Q. For whom did he vote for Congress?—A. IMr. Doughton. 

Q. M’hat is his age?—A. Between 23 and 45. 

Q. Did he live in Spencer the 1st day of May, 1920?—A. Yes, sir. 

Q. Did he pay his poll tax for the year 1919?—A. The record says no. 

Q. Pass to the next.—A. W. E. Major. 

Q. Did he vote at the November election?—A. Yes, sir. 

Q. For whom did he vote for Congress?—A. Mr. Doughton. 

Q. .About what is his age?—A. About 38 to 40—less than 50. 

Q. Do you know whether he paid his poll tax for the year 1919?—A. 

record .says no. . ... 

Q. Did he live in Spencer the 1st day of May, 1920?—A. Yes, sir. 

Q. Pass to the next—A, H. C. Miller. 


The 


410 


CAMPBELL VS. DOUGHTON. 


Q. Did he vote at the November election?—A. Yes, sir. 

Q. For whom did he vote for Congress?—A, Mr, Doughton. 

Q. How old is he?—A. Between 25 and 45. 

Q. How long has he lived in Spencer?—A. Tw^o or three years. 

Q. Did he live there the 1st day of May, 1920?—A. Yes, sir. 

Q. Did he pay his poll tax for 1919?—A, No record of it. 

I'lie contestee objects to this Witness testifying as to all of these parties on 
the same grounds as stated in the record heretofore and asks that the objection 
ai)i)iy to all electors. 

Q. Pass to the next,—A. J, A. Morrison. 

Q. For whom did he vote for Congress?—A. Voted for Mr. Doughton. 

Q. What is his age?—A. Between 22 and 35. 

Q. Did he live in Spencer the 1st day of May, 1920—about that time?— 
A. That has been his home for years; the last 10 or 12 years. 

Q. Do you know whether he paid his poll tax for 1919?—A. No, sir; the 
record says no. 

Q. Next.—A. J. I. Lomax. 

Q. Did he vote in the November election?—A. Yes, sir. 

Q. For whom did he vote for Congress?—A. Mr, Doughton. 

Q. What is his age?—A. I don’t know his age; less than 50. 

Q. How long has he lived in Spencer?—A. Several years. 

Q. Did he pay his poll tax for 1919?—A. The record says no. 

Q. Next.—A, George Younce. 

Q. Did he vote in the November election?—A. Yes, sir. 

Q. For whom did he vote for Congress?—A, Mr. Doughton. 

Q. What is his age?—A. Between 21 and 30. 

Q. How long has he lived in Spencer?—A, Nearly all his life. 

Q. Did he pay his poll tax for the year 1919?—A. The record says no. 

Q. Next.—A. R. B. Snyder, 

Q. Did he vote in the November election?—A. Yes, sir. 

Q. For whom did he vote for Congress?—A. For Mr. Doughton. 

Q. Did he live in Spencer on the 1st day of May. 1920?—A. I am not siire 
whether he did or not. 

Q. Has he paid his poll tax for 1919?—A. No. 

Q. Next.—A. E. E. Williamson. 

Did he vote in the November election?—A. Yes, sir. 

(}. Eor whom did he vote for Congress?—A. Mr. Doughton. 1 asked him his 
age the other day and he said he was nearing the lialf centiny mark, 

Q. How long has he lived in Spencer?—A. Two or three years. The record 
shows no tax paid or given in. 

Q. Next.—A. Mrs. Kate S. Stanback. 

Q. Did she vote in the November election?—A. Y^es, sir. 

(}. For whom for Congress?—A. ]Mr. Doughton. 

Q. How long has she lived in Spenc(T?—A. She came some time after the 
1st day of May, (jame there as a bride. He)- home was in Abingdon, Va. That 
is the newspai)er report. I never knew hei*. 

C>. Had she l)een in the State of North Carolina two years?—A. I don’t know, 
sir. The newspai)ei- r('])ort was that .she was from Abingdon, Va. She was 
mai-ri('d in Abingdon, and name to Si)ence)--—slie was fn-st known in S})encer after 
IMay 1. 

Q. Did you state for whom she voted?—A. Mr, Doughton. 

(h Next.—A. W. .T. Stanback. 

(L Did he vote in tlie November election?—A. Yes, sir. 

Q. For whom did he vote for Congress?—A. Mr. Itoughton. 

Q. Wliat is liis age?—A. Between 22 and 3.5. 

(}. How long has he lived in Silencer?—A. T think a coiii)le of years; two 
years. No record of poll tax ]>aid. 

Q. Next.—A. M. A. Grubb. 

(). Did he vote at the Novembei- election?-—A. Yes, sir. 

(y For whom did lie vote for Congress?—A. Mr. Doughton. 

C}. How old is he?—A. He is between 25 and .35. 

Q. How long has he lived in Spencer?—A. I think two or three years. 

Q. Did he pay his poll tax for 1919?—A. No record. 

Q. Next,—A, li. A. Cowan. 

Q. Did lie vote at the Novembei- election?—A. Yes, sir, 

Q. For whom did he vote for (’ongress?—A. Mr. Doughton. 

How old is he?—A. 1 don't know his age. 


CAMPBELL VS. DOUGPTTOX. 


411 


Q. AppaiTiitly?—A. I couldn’t toll yon. No record of Ids poll tax. 

Q. How lonja has lie lived in Spencer?—A. I don’t know, sir.' 

Q. Next.—A. P. Ijein Cnise. 

(^. Did he vote at the November election?—A. Yes, sir. 

C}. For whom did he vote for Congress?—A. Mr. Donghton. 

(,). How long has he lived in Spencer?—A. Several yeai-s. 

Q. Do you know his age—about?—A. He is betweim 22 and I should think 
30. 

Q. Does the record show he paid Ids pcdl tax for 1919?—No; none paid before 
the 1st of J\Iay. You are asking me about the courthouse record? 

Q. Is the information winch you give as to these voters having failed to pay 
their poll tax(‘s information which you obtained from a certified list, or records 
in the office of the clerk of the superior court?—A. Yes, sir. 

Q. Read the next.—A. W. A. Kestler. 

Q. Did he vote at the November election?—A. Yes, sir. 

Q. For whom did he vote for Congress?—A. Mr. Donghton. ' 

Q. How old is he?—A. I don’t know his age; he is a young man. 

Q. How long has he lived in Spencer?—A. The past 10 years, I should say. 

Q. Does the record show that he paid a poll tax for 1919?—A. No, sir; the 
record shows no poll tax paid. 

Q. Next.—A. E. L. Quillen. 

Q. Did he vote at the November election?—A. Yes, sir. 

Q. For whom did he vote for Congress?—A. For Mr. Donghton. I don’t know 
his age. He is a young man. 

Q. Did he pay his poll tax for 1919?—A. No record. 

Q. How long has he lived in Spencer?—A. Nearly all his life. Ever since he 
was quite a young kid. 

Q. Next.—A. A. D. Godfrey. 

Q. Did he vote at the November election?—A. Yes, sir. 

Q. For whom did he vote for Congress?—A. ]\Ir. Donghton. 

Q. How old is he, about?—A. Between 22 and 35. 

Q. Did he pay a poll tax, as shown by the record?—A. No record. 

Q. How long has he lived in Spencer?—A. I think about a year. 

Q. Next.—A. A. W. Hicks. 

Q. Did he vote at the November election?—A. Yes, sir. 

Q. For whom did he vote for Congress?—A. Mr. Donghton. 

Q. What is his age?—A. I should think about 45. 

Q. Did he pay his 1919 poll tax?—A. The record says no. 

Q. How long has he lived in Spencer?—A. Several years. 

Q. Next.—A. E. C. Scruggs. 

Q. Did he vote at the November election?—A. Y'es, sir. 

Q. For whom did he vote for Congress?—A. Mr. Dough ton. 

Q. Did he pay a poll tax for the year 1919?—A. The record says no. I 
suppose he is 30 years old. 

Q. How long has he lived in Spencer?—A. Several years. 

Q. Next.—^A. M. N. Eller. 

Q. Did he vote at the November election?—A. Y"es, sir. 

Q. For whom did he vote for Congress?—A. Mr. Donghton. 

Q. How old is he?—A. I suppose about 30. 

Q. Did he pay his 1919 poll tax?—A. The record says no. 

Q. How long'has he lived in Spencer?—^A. Several years. 

Q. Next.—A. J. D. Carter. 

Q. Did he vote at the November election ?—A. Yes, sir. 

Q. For whom did he vote for Congress?—A. Mr. Donghton. 

Q. What is his age?—A. Thirty-five to forty. 

Q. Did he pay his 1919 poll tax?—A. The record says no. 

Q. How long has he lived in Spencer?—A. Several years. 

Q. Next?—A. Oscar Mahaley. 

Q. Did he vote in the November election?—A. Yes, sir. 

Q. For whom did he vote for Congi-ess?—A. Mr. Donghton. 

Q. What is his age?—A. About 35. 

Q. How long has he lived in Spencer?—A. I think about a year. 

Q. Did he pay his poll tax for the year 1919?—A. The record don’t show it. 

Q. Next?—A. J. S. Dayis. 

Q. Did he vote at the November election?—A Yes, sir. 

Q. For whom did he vote for Congress?—A. Mr. Donghton. 

Q. What is his age?—A. About 30. 


412 


CAMPBELL VS. DOUGIITON. 


Q. Does the record show he paid his 1919 poll tax?—A. No, sir. 

Q. How long has he lived in Si)encer?—A. He is a fanner. He has lived there 
several years. He came from Virginia. 

Q. Came from Virginia how long ago?—A. I don’t know. 

Q. More than two years?—A. Yes; I have known him several years. 

Q. Next?—A. T. H. Wetmore. 

Q. Did he vote at the last election?—A. Yes, sir; voted for Mr. Doughton. 

Q. What is his age?—A. About 25 years. 

Q. Does the record show that he paid his 1919 poll tax?—A. No, sir. 

Q. How long has he lived in Spencer?—A. I think about a year. 

Q. Do yon know wliere he came from?—A. Winston, I think. 

Q. Next?—A. Roy Sigmon. 

Q. Did he vote at the last election?—A. l’'es, sir. 

Q. For whom did he vote for Congress?—A. Mr. Doughton. 

Q. What is his age?—A. About 25 or 30. 

Q. Does the record show he paid his 1919 poll tax?—A. No. 

Q. How long has he lived in Spencer?—A. Several years. 

CF Next?—A. Henry Cauble. 

Q. Did he vote at the November election?—A. Yes, sir. 

(h For whom did he vote for Congress?—A. Mr. Doughton. 

Q. IVhat is his age?—A. Between 22 and 30. 

Q. Does the record show that he paid his 1919 poll tax?—A. No. 

Q. How long has he lived in Spencer?—A. Probably a couple of years; two 
years. , 

Q. Next?—A. C. L. Burton. 

Q. Did he vote at the November election?—A. Yes, sir. 

Q. For whom did he vote for Congress?—A. Mr. Doughton. 

Q. What is his age?—A. Between 23 and 30. 

Q. Does the record show that he paid his 1919 poll tax?—A. No. 

Q. How long has he lived in Spencer?—A. For years. 

Q. Next.—A. W. V. Towson. 

Did he vote at the November election?—A Yes, sir. 

Q. For whom did he vote for Congress?—A. IMr. Doughton. 

Q. What is his age?—A. Between 22 and 30. 

Q. Do the records show that he paid his 1919 poll tax?—A. No, sir. 

Q. How long has he lived in Spencer?—A. Several years. 

Q. Next.—A. F. D. Lingle. 

Q. Did he vote at the November election?—Yes, sir. 

Q. For whom did he vote for Congress?—A. Mr. Doughton. 

Q. AV’hat is his age?—A. Something like 30. 

Q. Does the record show that he paid his 1919 poll tax?—A. No, sir. 

Q. How long has he lived in Spencer?—A. Several years. 

Q. Next. When you state that the voter under inquiry has not paid his poll 
tax as shown by the records, you mean he had not paid it on or before May 1, 
1920, for the year 1919?—A. Yes, sir. 

Q. And you intend that to be your meaning in each and all your answers?— A. 
^Next.—A. R. L. Myers. 

Q. Did he vote at the last election?—A. Yes, sir. 

Q. For whom did he vote for Congress?—A. IMi*. Doughton. 

Q. What is his age?—A. About 30. 

Q. Does the record show that he paid his 1919 poll tax?—A. No, sir. 

Q. Next.—A. B. D, Trexler. 

Q. Did he vote at the last election?—A. Yes. sir. 

(}. For whom did he vote for (\)ngress?—A. INIr. Doughton. 

Q. Did he pay his 1919 poll tax?—A. The record says no. 

Q. How long has he lived in Spencer?—A. Several years. 

Q. What is his age?—A. Something like 30 years old. 

Q. Next.—A. R. A. Lentz. 

Q. Did he vote at the November election?—A. Yes, .sir. 

Q. For whom did he vote for Congress?—A. IMr. Doughton. 

Q. What is his age?—A. About—I hardly know; about 22. 

Q. How long has he lived in Spencer?—A. Nearly all his life. 

Q. Do the records show that he paid his 1919 poll tax?—A. No, sir. 

Q. Next.—A. .1. D. Thomas. 

Q. Did he vote in the November election?—A. Yes, sir. 

Q. For whom did he vote for Congress?—A. Mr. Doughton. 


C'AMPBELL VS. DOUGHTON. 


4ia 


Q, What is his aj?e?—A. He is a yoiin<:r man: I don’t know his age. 

Q. Do the records show that he paid his poll tax for the year 1919?—A. No, 
sir. 

Q. How long has he lived in Spencer?—A. Nearly all his life. 

Q. Next?—A. P. W. Sigmon. 

Q. Did he vote at the November election?—A. Yes, sir. 

Q. For whom did he vote for Congress?—A. Mr. Dough ton. 

Q. How long has he lived in Spencer?—A. Nearly all his life. 

Q. Do the records show that he paid his poll tax for 1919?—A. No, sir. 

Q. Next?—A. J.B. Booker. 

Q. Did he vote at the November election?—A. Yes, sir. 

Q. For whom did he vote for Congress?—A. Mr. Doughton. 

Q. What is his age?—A. I suppose 30. 

Q. Did he pay his 1919 poll tax on or before the 1st of May, 1920?—A. No- 
record. 

Q. How long has he lived in Spencer?—A. He is a brakeman; been running 
in there several years. Part of the time he stays in Charlotte and part of 
the time in Spencer. 

Q. Next?—A. O. B. Eller. 

Q. Did he vote at the last election?—A. Yes, sir. 

Q. For whom did he vote for Congress?—A. Mr. Doughton. 

Q. What is his age?—A. About 30. 

Q. Did he pay his 1919 poll tax?—A. No record. 

Q. How long has he lived in Spencer precinct?—A. Only lived there about a 
year. He lived in East Spencer. 

Q. Same county?—A. Yes, sir. He may have paid it in East Spencer. I 
don’t know. 

Q. Next?—A. C. M. Williford. 

Q. Did he vote at the November election?—A. Yes, sir. 

Q. For whom did he vote for Congress?—A. Mr. Doughton. 

Q. What is his age?—A. I don’t know his age. 

Q. Does the record show that he paid his poll tax for 1919?—A. No, sir. 

Q. How long has he lived in Spencer?—A. I don’t know how long. 

Q. Next?—A. G. L. Wallace. 

Q. Did he vote at the November election?—A. Yes, sir. 

Q. For whom did he vote for Congress?—A. Mr. Doughton. 

Q. What is his apparent age?—A. About 35. 

Q. Did he pay his 1919 poll tax?—A. The record says no. 

Q. How long has he lived in Spencer?—A. Two or three years or longer. 

Q. Next?—A. G. H Womble. 

Q. Did he vote at the November election?—A. Yes, sir. 

Q. For whom did he vote for Congress?—A. Mr. Doughton. 

Q. Did he pay his 1919 poll tax?—A. The record says no. 

Q. How long has he lived in Spencer?—A. About a year. 

Q. What do you consider his age to be?—A. About 25. 

Q. Where did he come from?—A. I think Guilford County. 

(The hearing adjourns until 2.30 p. m. Pursuant to adjournment, the hear¬ 
ing was resumed at 2.30 p. m.) 

Q. Continue with your list as in the forenoon session.—A. T. D. Greer. 

Q. Did he vote at the November election?—A. Y^es, sir. 

Q. For whom did he vote for Congress?—A. Mr. Doughton. 

Q. What is his age?—A. He is around- 


By Mr. Ceaig: 

Q. Did you ever see the family Bible showing his age?—A. No, sir. 

Q. Did you ever live in the family?—A. No, sir. . 

* Q. Did you hear the reputation as to bis age in his own family? A. No, 


^^^^The contestee objects to the witness testifying to the age of this ifian on the 
ground of its being hearsay testimony. 

Q As to all these other witnesses, in regard to the same question', you 
didn’t see the family Bible?—A. No; I never saw the family Bible. , 

Q. Did you ever hear the reputation in the families of these other men as 
to their age?—A. No. Some of them I have ^ . 

Q All of them as to whose age you have been testifying to-day? 

Mr. Britt. I will have to ask you to cross-examine about that. 




414 


CAMPBELL VS. DOUGHTON. 


Mr. Craig. I am not cross-examining now, but am using this for the purpose 
of qualifying him as to his competency to testify as to age. Just want him 
to say whether or not he has seen the age in the family Bible, or whether he 
has heard it in the family. 

Mr. Britt. He is doing this on his best judgment only. 

Redirect examination : 

Q. Did he vote at the November election?—^A. Yes, sir. 

Q. For whom did he vote for Congress?—A. Mr. Doughton. 

(}. What was his apparent age?—A. Between 45 and 50. 

Q. Did he pay his 1919 poll tax?—A. The record says no. 

How long lias he I ved in Si)encer pre inct?—A. Several years. 

Q. Next?—A. Ralph Cates. . 

Q. Did he vote at the November election?—A. Yes, sir. 

Q. For whom did he vote for Congress?—A. IMr. Doughton. 

Q. What was his apparent age?—A. About 30. 

Q. Did he pay his 1919 poll tax?—A. According to the record, no. 

Q. How long has he lived in Spencer precinct?—A. Several years. 
iMr. CkaiGj. The contestee objects to the witness’s testifying whether or not the 
last-named gentleman paid his poll tax, on the ground that the certitied copy 
of the original record itself is the best evidence, and the evidence given by 
this witness is hearsay testimony only. 

Q. Next.—A. J. J. Perry. 

Did he vote ;it the November election?—A. Yes, sir. 

Q. For whom did he vote for Congress?—A. Mr. Doughton. 

Q. What is his apparent age?—A. Twenty-live. 

Q. Did he pay his 1919 poll tax?—A. No, sir. 

Q. How long has he lived in Spencer precinct?—A.. Lived there several 
years, but he has lieen away a year or so, up North, working. 

Q. How long since he last returned, if you know?—A. Three or four months. 
Q. Next.—A. .1. J. Wright. 

Q. Did he vote at the November election?—A. Yes, sir. 

Q, For whom did he vote for Congress?—A. INIr, Doughton. 

Q. What is his apparent age?—A. Forty. 

(y Did he pay his 1919 poll tax?—A. No, sir. 

How long has he lived in the t(»wn of Spencer?—A. Over 10 years. 

Q. Next.—A. .1. F. Crook. 

(y Did he vote at the November election?—A. Yes, sir. 
ii. For whom did he vote for Congress?—A. IMr. Doughton. 

(}. What is his ai)parent age?—A. About 30. 

(y Did he pay his 1919 poll Lix?—A. Not according to tlie record. 

i}. Hov' long has he lived in the precinct of Spencer?—A. About two years. 

Q. Next.—A. C. R. Lomax. 

<N Did he vote at the 1920 election?—A. Yes, sir. 

(}. Foi- whom did he vote for Congress?—A. Mr. Doughton. 
i}. What is his apparent age?—A. Twenty-three or four. 

(j. Did he pay his 1919 poll tax?—A. Not accordng to the record. 

(). How long has he lived in Spencer precinct?—A. Some two or three years. 
Q. Next.—A. J. J. Beale. 

Did he vote at the November election?—A. Yes, sir. 

For whom did he vote for Congress?—A. IMr. Doughton. 

Q. Did he pay his poll tax, according to the record?—A. No, sir. 

(>. How long has he lived in* Spencer precinct?—A. About two years. 

(}. What is his apparent age?—A. Thirty or thirty-tive. 

(y Next.—A. J. D. Thomas. 

(y Did he vote at the election of 1920?—A. Yes, sir. 

i}. For whom did he vote for Congress?—A. Mr. Doughton. 

<N What is his apparent age?—A. Twenty-two or three. 

Q. Did he pay his 1919 poll tax?—A. No,*sir; it wasn’t paid. 

(y How long has he lived in Spencer?—A. I sui)pose several years. 

(}. That is all the list?—A. Yes, sir. 

Q. Mr.^Dorsett, reverting to the cami)aign pictures concerning which you 
testified at the beginning of your testimony, I ask you if you are familiar 
with the usual effect uiwn the electorate—upon tiie voters—of campaign 
speeches, cartoons, comic pictures, etc,?—A. Yes, sir. 

Q. What, in your judgment, would be the effect upon the minds of the 
voters of your community, of pictures circulated among them such as those 


CAMPBELL VS. DOUGHTON. 


415 


described in the beginning of your testimony?—A. Well, I consider it did Dr. 
Campbell a greiit injury. I think he lost a great many votes by the bitter 
campaign used in that part of the county. Senator Harding’s picture with 
those Negroes, and also that letter—purported letter—from Greensboro. 

Q. You are of the opinion that it had the elfect to arouse antagonism and 
prejudice?—A. Yes, sir. Especially at the mayor’s office, where the registra¬ 
tion books were kept, it would not have taken hardly anything to cause a riot 
there; attracted lots of attention; people handing it around and looking at it. 

Q. You think the feeling that came near bringing the people to the point 
of a riot was induced by the exhibition of the pictures which you have de¬ 
scribed?—A. Yes, sir. 

Q. State whether it caused lively discussion around and about the polls 
and election grounds on the day of election and prior thereto?—A. On the 
day of election I was inside, but prior to the day of election you could see a 
crowd congregated around, talking about this picture. 

Q. The people, in consequence, all became very bitter?-—A. Yes, sir. 

Q. On the subject represented by these pictures, as exhibited there?—A. 
Yes, sir. 

Cj. And 3 'ou have alreatly stated that, in your opinion, it had a very damag¬ 
ing elfect upon the vote cast for Dr. Campbell, the contestant?—A. I’^es, sir. 

Q. And prejudiced the voters and the community against him and intensitied 
the sentiment in favor of Mr. Doughton? 

The contestee objects to this question and the line of questions now pro¬ 
pounded by Mr. Britt, on account of their being leading, and placing answers 
in the witness’s mouths. 

(j. What, in your opinion, was the effect of the so-called Negro women cir¬ 
cular, circulated in your community?—A. That circular damaged Dr. Camp¬ 
bell considerably. 

Q. You think, in your community, its effect was to prejudice the public 
mind against the contestant?—A. Yes, sir. 

Q. Are you familiar with the condition of the public mind in relation to 
politics in your community?—A. I am. 

Q. Isn’t it a fact that you practically know the general trend of opinion 
and attitude toward political campaigns, campaign issues, and candidates in 
that community?—A. Yes, sir. 

Q. Is your business of a character that brings you in contact with a large 
number of voters?—A. Yes, sir. 

(>. And has been for some time?—A. Y’'es, sir; for years. 

Q. State whether you were able to continue throughout the '\Affiole day of 
the election, including the counting of the votes?—A. Well, I got Mr. Arm¬ 
strong to rest me a wdiile. 

Q. About what hour was that?—A. I suppose about 4 o’clock, or 4.30', 
until night, when the polls were closed. 

Q. Some two hours?—A. Yes, sir. 

Was that before or after the absentee votes were opened and counted?— 
A. Well, I guess, from 3 o’clock; little after 3. I don’t think they started 
exactly at 3. 

Q. Do you know how many absentee votes were cast at your precinct?—A. 
No, sir. 

Q. Who opened the ballots?—A. I won’t say. Mr. Armstrong took my 
place. I wasn’t well that day. 


Cross-examination by Gov. Bickett : 

Q Mr. Dorsett, you are the chairman of the Republican executive committee 
of the eighth congressional district?—A. Y^es, sir. 

Q. And as such, it is your duty to i)romote in every way you can the interests 
of Dr. Campbell ?—A. Yes, sir ; every legitimate way. 

Q I do not mean in an illegitimate way. It was your duty to be on the 
lookout for everything that would be in the interest of Dr. Campbell that you 

could find?—A. Yes, sir. . 

Q. The exhibition of this picture—did it stagger your faith in the Republican 

—-A IVI0 ? 

V> Yes sir_A. No; I had been used to their tactics for the last 20 years. 

It was tile new vote/Mv. Bickett, that it hurt us with. The women voters; 
just coming into voting. There is where the greatest damage was done, m my 
judgment. 

Q. It didn’t change your vote?—A. No, sir. 


416 


CAMPBELL VS. DOUGHTON. 


Q. It didn’t change the vote of any man in the liabit of voting the Republican 
ticket, so far as you know?—A. Well, I think it did more harm with the young 
voter, and women. 

Q, That is just a speculation on your part?—A. Yes. sir; but it did do this: 
It caused tlie inost bitter feeling I have ever seen in politics in my life; and I 
have been in politics all my life. 

Q. That is all to be deplored, but the question here is, how many votes. Y^ou 
say it didn’t lose your vote?—A. No, sir. 

Q. It didn’t lose the vote to the Republicans of the good lady who does you 
the honor to live with you?—A. No; I think she was too sensible to let anything 
like that interfere with her vote. 

Q. And you can’t name a man who has been in the habit of voting the Repub¬ 
lican ticket whose vote was changed by the exhibition of that picture?—A. 
Well, like I said, I don’t know- 

Q. You can’t name one who actually changed?—A. Not an old voter. The 
harm was done with the young voter and the women. Nobody knows how they 
were going to vote. 

Q. What is that?—A. They had made no record as to what party they would 
vote with. 

(}. Most of the women voters in Republican families would vote the Republi¬ 
can ticket, and in Democratic families, the Democratic ticket?—A. Well, a 
great many of the Republican women didn’t register. 

Q. A great many Republican women didn’t register?—A. The feeling got so 
high that a great many didn’t register, and I attribute this picture to be the 
cause, to a certain extent. The feeling got so hitter. 

Q. The Republicans got their u-sual vote?—A. Well, I don’t- 

Q. There wasn’t any falling off?—A. We made a gain, but both sides got 
more votes than before. 

Q. You made a gain throughout the entire district?—A. Yes, sir. 

Q. Dr. Campbell very materially reduced the normal Democratic majority in 
this district, didn’t he?—A. Yes, sir. 

Q. I believe Mr. Doughton, the last time he ran against your brother-in-law, 
Mr. Linney, he beat him twenty-two hundred and odd votes?—A. I don’t re¬ 
member. 

Q. Twenty-two hundred and seventy-nine?—A. But we attribute that to the 
soldier vote. 

Q. Isn’t that a fact, that Dr. Campbell pulled down the Democratic majority 
of 2,279 as against the Hon. Frank A. Linney, state chairman, to 1,078?—A. 
Yes, s'r; but the reason for that, if you will allow me to give it- 

Q. We just want the facts. One of the reasons was on account of the 
speeches that were made?—A. No, sir; the reason that he reduced the majority, 
in my opinion, we got a soldier vote this time we didn’t get two years ago. No 
absentee vote was voted in my precinct; couldn’t get there. 

Q. That didn’t apply the first time Mr. Doughton beat Mr. Linney, when 
there wasn’t any absentee vote, and he beat him 1,800 majority then?—A. Yes, 
sir; at the same time Mr. Wilson beat Mr. Taft. Times have changed. 

Q. In the year 1914 there wasn’t any presidential election that year at all. 
You don’t think the speeches had much to do with the result of the campaign, 
X do you?—A. Yes, sir; I think they- 

Q. Don’t you know that Frank Linney can make a better speech in an hour 
than Dr. Campbell can in three years?—A. I thought you were speaking about 
opposition speeches, where they brought in the Negro campaign. 

Q. Don’t you know Frank Linney can make a better speech in one hour than 
Dr. Campbell can make in three years?—A. I don’t know. 

Q. Well, I know it. One is a trained lawyer and one a trained doctor.—A. 
Gov. Morrison made a speech in my town and he made the most bitter speech 
I have heard in 20 years. I believe if somebody had said, “ Let’s go out and 
lynch Bill Jones,” they would have gone and lynched him. They were blood¬ 
thirsty. 

Q. Do you think a speech the candidate for governor made ought to be 
charged up to Doughton?—A. I think it infiuenced a certain vote against-Dr. 
Campbell. 

Q. You are a practical man of affairs; don’t yon know this to be true, that 
if you were to lay down the proposition that any man could be ousted from a 
seat in Congress because of the fact that he and his party had made inflam¬ 
matory speeches and had told all manner of lies against his opponent, that 
there would not be a single seat in Congress occupied at the present time and 






C’AiVIPBp:LL VS. DOUGHTON. 


417 


never would be hereafter?—A. I think if he intimidated the voters of tlie district 
he ought to be turned out. 

Q. You think that the character of speeches that are made and the character 
of literature circulated ought to be sufficient to oust a man from a seat in 
Congress?—A. Not unless it intimidated the voters. 

Q. Don’t you know there would never be a single seat in Congress occupied 
again if that was laid down?—A. I don’t know. 

Q. Because you can always prove by somebody that somebody on the other 
side said something he ought not to have said. Did you ever know a political 
campaign in which that charge could not be sustained?—A. I don’t think they 
all are that way. 

Q. I am afraid you are a very young man in political experience. Well, 
you read from' a list that you said had not paid their poll tax and were dis¬ 
qualified. You did not, of course, attempt to find out and to read out the 
Republicans who had not paid their poll tax on the same list?—A. I checked 
them as near as I could find them. 

Q. You didn’t read them out?—A. I don’t think there was a single one in my 
town that hadn’t paid his poll tax. I have talked with a great many of them 
and only one was a little doubtful, and he said he had lost his receipt, but 
thought he had paid. Only one I checked over that seemed to l)e in doubt at all. 

Q. You don’t know personally whether those people actually paid their poll 
tax at all?—A. I only went by the record. Governor. 

Q. What record was it you went by?—A. The record the clerk of the superior 
court furnished me, that was furnished him by the sheriff of the county the 
10th day of May, 1920. 

Q. If that was an incomplete record at that time your testimony would not 
be correct?—A. That would be up to him, and show the sheriff made the error, 
I suppose. , 

Q. I believe you said you were one of the election judges down there?—A. 
Yes, sir . 

Q. Did you challenge those men when they came to the polls to vote?—A. 
No, sir. 

Q. You had a right to do it?—A. Well, they were voting so fast, and only 
one Republican and three Democrats—they had every advantage. I had to 
watcli all the time and watch out for every vote. The vote was almost double 
on account of the ladies voting. They had a registrar and clerk, and it was 
three to one, and it kept me pretty busy looking after my end of it. 

Q. Mr, had the names separated beforehaml, and you co^uld have 

challenged them?—A. Yes, sir. 

Q. You had a right to do that? Do you know whether any of these men 
were soldiers or sailors?—A. I think some three or four. I am not sure when 
they came back. I would not be positive about that. Some came back in time to 
pay their taxes. Some of them were in the war, but I don't know wlieu they 
returned home. 

Q. There was an order made in Rowan County here exempting soldiers from 
paying poll tax?—A. I don’t know, sir, whether there was or not 

Q. You do know that was the general rule that was observed throughout 
the district? 

Contestant objects to asking the witness to swear to general reputation. 

A, I don’t know anything about that I have heard of that rule being made. 

Q* Do you remember any challenges being made throughout this eotint\ gen¬ 
erally on account of the nonpayment of poll tax?—A. Soldiers? 

Q. Anybody?—A. No; I don’t know. 

Q Wasn’t there a kind of—I don’t mean an agreement, hut wasn’t there a 
kind of general indifference to that question exercised by both sides?—A. Well, 
in this county we have had so much trouble of that kind. The registrars haven't 
cooperated with us. All the i-egistrars are Democratic, and when we try to 
get a list we have a lot of trouble and expense. I suppose that is the reason 
it wasn’t done at this time. 

Q The Democrats didn’t challenge anybody?—A. They didn’t in Spencer. 

O. And the Reimblicans didn’t challenge the Democrats?—A. No: the hist 
time I challenged at Spencer they demanded that I pay so much a name to the 
sheriff to go and serve tb.e notice, and I would not do it. Fifty or sixty cents a. 
name, and the amount of names on the book would break uj) a poor man. 

Q In testifying as to how these men voted for Congress did you base that 
upon your knowledge of the politics of the men or upon your recollection of 

27 


57095—21 



418 


CAMPBELL VS. DOUGHTON. 


how the vote was actually cast?—A. I put in all the congressional vote, nearly, 
and I noticed very carefully, because I was more interested in that vote. 
Thought we stood a better show on that vote than any in the box; the only vote 
I thought we stood any chance to win. That is the reason I watched it. so 
closely. 

Redirect examination by Mr. Britt; 

Q. ]Mr. Dorsett, the governor hns asked you if tlie inflammatory speeches 
were not made on behalf of both sides. You said you heard Gov. Morrison’s 
speech and spoke of itf? bitterness and severity. I ask you if you heard ^fr. 
l*arker’s speech?—A. Yes, sir. 

Q. State whether it was of like severity?—A. No bitterness whatevei-. 

(j. flow many campaigns have you observed in and about Silencer?— A. 
Since 1900. 

Q. Practically 20 years?—A. Yes, sir. 

Q. I ask you if you ever knew the party to Vvdiich Mr. Doughton belongs to 
wage a campaign of such spirit and bitterness during those 20 years as Avas 
waged in the campaign of 1920?—A. No comparison whatever. This last cam¬ 
paign was a great deal bitterer than any other campaign we ever had. 

Q. Didn’t that campaign have the effect greatly to increase the energies and 
activities of the friends of Mr. Doughton and correspondingly to depress the 
fi’iends of Mr. Campbell?—A. Yes, sir. 

Q. You have already stated that it prevented a number of Republican women 
from registering and voting at the-polls?—^A. I think we lost 50 on account of 
the tactics in Spencer. 

Q. Is it or is it‘not your opinion that if these campaign methods maintained 
a like ratio throughout the district that they caused to Mr. Campbell a loss 
of votes more than 1>hat claimed as a majority by Mr. Doughton?—A. Twice 
that many. 

Q. And you have stated, I believe, as I understood you, that in cases where 
challenges were made that fees were demanded for service upon persons 
challenged before such challenges would be served?—A. Yes, sir. 

Q. How much fee was demanded?—A. I think 50 or 60 cents; something 
like that. I have forgotten. 

Q. Do you know whether that was used in other precincts than yours?—A. 
In the county. 

Q. The governor asked about challenges made for nonpayment of poll tax. 
Do you know of a single Republican who voted or attempted to vote without 
the payment of poll tax?—A. Only one there was any doubt about, and he said 
he thought he had paid, but had lost his receipt. Only one there was any 
doubt about. 

Recross examination by Gov. Bickett: 

Q. Did you hear Mr. Doughton’s speech during the campaign?—A. Yes, sir. 

Q. What kind of a speech did he make?—A. Mr. Doughton always makes a 
very clean speech. 

Q. He made one this time?—A. Yes, sir. He didn’t touch on the Negro but 
one time. A very clean speech. 

Mr. J. LEE ARMSTRONG, a witness introduced by the contestant, being 
first duly sworn, testified as follows: 

Direct examination by Mr. Britt: 

Q. Your name is J. Lee Armstrong?—^A. Yes, sir. 

Q. Where do you live?—A. Spencer. 

Q. State whether you were for a while on the 2d day of November last a 
Republican judge of election at that place.—A. Yes, sir; I relieved Mr. Dorsett. 
I don’t know the exact time. Some time between 2 and 3 o’clock. 

Q. State whether you were sitting as judge at the time the absentee ballots 
were opened.—^A. I was. 

Q. Who opened the envelopes?—A. The registrar, Mr. Cruse. 

Q. Do you know how many were opened?—A. No, sir; I don’t know the 
exact number. I can give you the approximate number. There were as 
many as 80 absentee votes. 

Q. Do you recall whether they were actual absentees or persons present in 
the precinct and ill?—A. Quite a number were persons present in the precinct 
and ill. 


CAMPBELtL VS. DOUGHTON. 


419 


Q. Do you recall whether they voted by ballots or by certificate alone or 
whether there were some of each?—A. I think they were all solid tickets. 

Q. What became of the ballots that were cast as absentee ballots and the 
certificates that accompanied them?—A. The ballots were deposited in the 
boxes as the other ballots were, and the certificates and envelopes, I suppose, 
were preserved, because I told the registrar—I was carefull to tell him—that 
those were to be saved, and he said “ Yes; these are to be saved.” And they 
wer left in his possession. 

Q. You yourself handled the absentee ballots in placing them in the boxes?— 
A. Yes, sir. 

Q. In the congressional box I refer to?—^A. Yes, sir. 

Q. What proportion of the absentee congressional ballots was for Mr. 
Dough ton and what proportion for Mr. Campbell, approximately?—A. I think 
there was 10 for Mr. Campbell and as many as 70 for Mr. Doughton. I am 
not positive about that. That is an approximate statement. 

Q. The absentee vote stood in the ratio of 70 to 10?—Yes, sir; 7 to 1. 

Q. 7 to 1 or 70 to 10?—A. Yes, sir. 

Q. Do yon know what the total vote that each received was at that precinct?— 
A. I have forgotten, sir. 

Q. If Mr. Doughton should have received 649 and Mr. Campbell 221, standing 
approximately 3 for Mr. Doughton to 1 for Mr. Campbell, how can you account 
for the fact that in the absentee vote Mr. Doughton received 7 to 1 for Dr. 
Campbell?—A. That is a wonder to me. 

Q. I suppose that wonder is all the answer you have?—A. That wonder is all 
the answer I have. 

Q. Have you any knowledge of the qualifications of those absentee voters?— 
A. None whatever. 

Q. No personal knowledge?—A. No, sir. 

Q. You don’t know whether they had lived in the State two years, in the 
county six months, and in the precinct four months?—A. I do not. 

Q. You don’t know whether they had paid their poll taxes for the year 1919?— 
A. I do not. 

Q. You don’t know whether they possessed any other qualifications required 
by the constitution and laws of North Carolina?—A. I might have been per¬ 
sonally acquainted with a few of them, but I don’t recall. 

Q. Do you live iii Spencer precinct?—A. Yes, sir. 

Q. How long have you lived there?—About 20 years. 

Q. You were there on the day of election and immediately prior to the elec¬ 
tion?—A. Yes, sir. 

Q. State whether you saw the so-called Harding picture described by the wit¬ 
ness, Mr. Dorsett?—A. I did. 

Q. Where he described it as being seen?—A. Yes, sir. 

O. How often did you see it there?—A. Every time I would pass that street. 
Q. Is it one of the public thoroughfares of the town?—A. The public thor¬ 
oughfare of the town. 

Q. Was it there on election day?—A. Not in the mayor’s office. 

Q Was it anywhere else exhibited to view?—A. In the women’s headquarters ; 
Democratic women’s head(piarters, pasted on the window to the street. 

Q. Did you see the so-called Negro women’s circular calling on the Negro 
women to vote?—A. Y"es, sir. It was distributed in and about the town of 


Spencer 

Q. Where did you see it?—A. In the Democratic women’s headquarters, pasted 
on the window. 

Q Could you read it from the outside?—A. Oh, yes, sir. 

Q* You could see the picture from the outside?—A. Yes, sir. 

Q.’ It was easily accessible to the public gaze, and the circular was easily 
legible to the public from where it was?—A. Yes, sir. . 

Q. What would be the effect upon the temper and spirit of the voters?—A. 
Would an incident of personal experience be admissible? • i f 

Q Yes sir—A. I was going upstreet and a neighbor of ours and a friend ot 
the 'family called at the house—a lady—and she said,“ I want you to tell me 

warthe circular?— A. Yes, sir She said, “We have always been 
fronds;'good friends, and you are a Republican and I am a Democrat.” She 
said, “Would I vote a Republican ticket after reading this letter. She 
wanted me to explain to her if the Negro women would he allowed to vote. 


420 


CAMPBELL VS. DOUGHTON, 


There was some question about that. But I took the position that the Negro 
women would have to qualify the same as the Negro men would, to vote in this 
election, and told her so. She was bitter—very bitter. 

Q. I ask you if you don’t think her bitterness was induced by the circular?-^ 
A. Oh, yes. I am sure, because there had never been anything like that be¬ 
tween us before. 

Q. You think the effect wns to intensify the energies and activities of the 
friends of Mr. Doughton, and depress the friends of Mr. Campbell?—A. To a 
very great extent. 

Q. Would, in your judgment as a voter and an observer of public affairs, such 
an appeal to the prejudices of the public mind, have the effect, in a large dis¬ 
trict, composed of nine counties, to drive away from the Republican candidate 
a large number of voters, men and women?—-A. I certainly think it would. 

Cross-examination by Gov. Bickett: 

Q. Don’t you know the Republicans were more active in North Carolina this 
last year than they ever have been since the flood?—A. I know we are charged 
with that activity all over the State. 

Q. Weren’t you? Didn’t the Republicans put more pep in the campaign than 
than at any time in your recollection?—A. No, sir. 

Q. Not only in this district, but all over the State?—A. No, sir; they didn’t. 

Q. And all over the United States?—A. I don’t happen to be in position to 
know about other States in the country. 

Q. Don’t you know that all of you expected, fully expected, that Mr. Hard¬ 
ing would be elected, and that every Republican in North Carolina did his duty, 
so as to be in line? Don’t you know that to be a fact? That every man was at 
his post?—A. I am very certain that there were large numbers of men, during 
the latter part of the campaign, that—I don’t quite know how to express it, but 
they got where they didn’t care. Numbers of men got to the point where they 
didn’t care. 

Q. What about?—A. National politics and State politics, too. 

Q. You never dreamed you were going to lose the Presidency, did you?—A. 
Well, it would be pretty hard to have thought of losing a thing like that, under 
the conditions. 

Q. That would have been a greater wonder to you than those absentee 
votes?—A. Why, yes; it would. 

Q. One of the wonderful things about politics is the number of wonderful 
things in it?—A. Quite so. 

Q. I believe you said this woman was a Democrat already?—A. Yes, sir. 

Q. Y’'ou got the idea that the reading of that circular rather strengthened her 
in the Democratic faith?—A. She was very bitter in her feeling toward any 
Republican. 

Q. It didn’t change her politics? She was a Democrat already?—A. No; it 
didn’t change her politics. 

Q. Do you know of any Republican woman that changed her politics—came 
over and joined the Philistines?—A. No, sir; I don’t. 

Q. On account of this thing?—A. Not a one. 

Q. You heard Mr. Doughton’s speech?—A. No, sir. 

Q. Well, now, you spoke about that absentee vote being a wonder to you. 
Maybe we can-A. Enlighten me on that? 

Q. Maybe we can enlighten you a little about that. Suppose you were assum¬ 
ing that the Democrats were more industrious and hunted up their absentee 
voters and got them to send in their votes, that might explain the wonder a 
little bit, might it not?—A. Yes, sir; it might. 

Q. That is one explanation of it. Then, again, suppose you were to find out 
that during the last eight years of a Democratic national administration a great 
many Democrats were holding office in the Government service in different places 
in the United States and were away from home on that account, and the Repub¬ 
licans were not holding any jobs of that sort away from home. That might ex¬ 
plain it to some extent, too, mightn’t it?—A. If that condition prevails in this 
particular instance it would. 

Q. I say that might explain the fact of more Democratic votes?—A. We are 
only talking about Spencer precinct. 

Q. I am talking about it down there; that is, in Rowan County.—A. I don’t 
know of one. 

Q. Any school-teachers in the bunch?—A. No, sir. 



CAMPBELL VS. DOUGHTON. 


421 


Q. Not a school-teacher? I believe you have all you can do to keep your 
school-teachers there at Spencer. You have plenty of jobs for the school-teachers. 
They don’t have to go away for work. They didn’t vote at all?—A. No, sir. 

Q. Any traveling people; railroad people?—A. Yes, sir; of course, we have got 
a few railroad people. 

Q. Any of those railroad men amongst the absentees?—A. As Mr. Dorsett 
said, quite a number of them. 

Q. Do you know how those railroad men generally vote? Democratic or Re¬ 
publican ticket?—A. I know some of them. 

Q. That might explain it?—A. Yes, sir. 

Q. You don’t know any Republican who sent in his absentee vote who didn’t 
have it counted, do you?—A. No, sir. 

Q. You don’t mean to claim that the registrars did not report all the absentee 
ballots?—A. I don’t think you can construe anything I said as intimating that. 

Q. It is just one of those facts that appears there?—A. One that we have to 
contend with ; yes, sir. 

Q. The registrar presented all that he said he had received; and you don’t 
know of a single Republican who claims to have sent in an absentee vote that 
was not counted?—A. I have said nothing about any absentee vote not being 
counted. 

Q. You have simply got the fact that more absentee people voted the Demo¬ 
cratic ticket than voted the Republican ticket?—A. There was more Democratic 
absentee votes cast than there was Republican. 

Q. And why that was you don’t know? It might have been because Democrats 
just naturally travel more than Republicans? Might not that account for it?—A. 
If you are going to go into it that way, it might be that way. 

Q. It might be that Democrats naturally, in proportion to Republicans, go to 
and fro in the earth and walk up and down in it more than Republicans do?—A. 
It might be that way. 

Redirect examination by Mr. Britt: 

Q. After all the governor’s ingenious questions, this absentee vote of 7 to 1 
for Doughton as against Campbell is still a wonder, isn’t it?—A. Still a wonder. 

Mr. J. C. DEATON, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Britt : 

Q. Your name is J. C. Deaton?—A. Yes, sir. 

Q. You were the register of deeds for Rowan County?—A. Yes, sir. 

Q. When did you retire from that office?—A. The first Monday in December, 
1920. 

Q. Then, you were in office for a few weeks after the election of November 2, 
1920?—A. Yes, sir. 

Q. Mr. Deaton, state whether, as register of deeds, you received from any elec¬ 
tion regi.strars, or other election officials, any absentee voters’ certificates of 
election?—A. I did not that I know of. The registry books were brought into 
my office, but I didn’t open any of them. Consequently, if there were any, they 
were in the books. There were none handed to me direct. 

Q. You did not see any certificates at all?—A. No, sir. 

K}. If there were any in those registry books, you have no knowleilge of 
them?—A. No, sir. 

Q. You never heard that any were returned to your office while you were in 
office?—A. No; I did not. ‘ 

Q. None were mentioned by the registrars as they returned those books to 
you?—A. No, sir. 

Q. You turned all those books over to your successor in office?—A. Yes, sir. 
Mr. Britt, the register of deeds’ office here in this county has no vault, for lock¬ 
ing up the books, and I put those books in the treasurer’s office, where there is a 
good vault to keep them locked. 

Q. That was before you retired?—A. Yes, sir. 

Q Who is the county treasurer?—A. Mr. W. H. Crowder. 

O Is Mr Crowder the regular custodian, or is he keeping them for the-, regis¬ 
ter of deeds?—A. Keeping them for the register of deeds. I just asked him to 
let me put them in his vault. 

(No cross-examination.) 


422 


CAMPBELL VS. DOUGHTON. 


Mr. M. L. BARKER, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Britt: 

Q. Your name is M. L. Barker?—A. Yes, sir. 

Q. You are the present register of deeds of Rowan County?—A. Y^es, sir. 

Q. How long have you been such?—A. Since December 6, 1920. 

Q. State w^hether there were, among the records which were transmitted to 
you from your predecessor, the records of the registrars of election of the vari¬ 
ous precincts of Rowan County.—A. Just what record do you mean, sir? 

Q. The record of the registrars.—A. We have the registration books and the 
poll books from each precinct. 

Q. Were they among your records when you took charge?—A. They were at 
that time stored in the vault of the treasurer’s office. 

Q. They consist of the registration*books, or official roster of voters, and*poll 
books, or count of the persons who voted on election day?—A. Yes, sir. 

Q. From each precinct. How many precincts in the county?—A. Twenty- 
eight. 

Q. Including the city?—A. Yes, sir. 

Q. As a matter of information, in the city, do wards and precincts mean the 
same, or are some wards divided into several precincts?—A. They mean the 
same. 

Q. So a ward is a precinct?—A. Yes, sir. 

Q. Mr. Barker, state whether there were, among the records which you re¬ 
ceived from your predecessor, any certificates of absentee voters’ ballots cast at 
the election of November 2?—A. Yes, sir. 

Q. In what form where they?—A. They were the regular form of affidavit, 
or certificate, that the signer was a qualified voter-in such precinct. 

Q. Were they loose or sealed up in Ihe books?—A. One lot, sir, only, and they 
were in the registration book. 

Q. From what precinct did that one lot come?— A. From China Grove. 

Q. Have you preserved that lot?—A. Yes, sir. 

Q. Would it be convenient for you to bring it up?—A. I have it here, sir. 
(Produces same.) 

Q. And this constitutes the only record of absentee votes which you found in 
your office upon assumption of your duties on December 6 last?—A. I would not 
say that, sir. That constitutes the total number of absentee certificates that I 
have. 

Q. Have you any absentee ballots, or other evidence of absentee votes cast 
at that election?—A. Not unless they are carried on the registration or poll 
books. 

Q. Then if there are 34 absentee ballot certificates returned from the precinct 
of China Grove, and those are all that are found among the records of your 
office, you have no other record in your county than those returned from that 
precinct?—A. I have no other certificates than those. 

Q. Do you know of any other form of record?—A. Not unless they are so 
specified on the poll books as absentee voters. 

Q. Then suppose the Election Committee of the House of Representatives, or 
the House of Representatives proper, should desire to make a recount of the 
absentee ballots cast in Rowan County in the election of November 2, 1920, 
for Messrs. Campbell and Doughton, there would be no ballots here to count, 
other than the 34 which you have presented?—A. Not in my office. 

Q. I am asking, so far as your knowledge is concerned. Mr. Barker, did the 
county board of election canvassers that met in Salisbury on the Thursday after 
the election to canvass and return and proclaim the vote, file abstracts of tbe 
vote received by each of the candidates with you in your ofiice?—A. They were 
filed with my predecessor and were there when I took charge. 

Q. If you can get them handily, please bring them up, and you might bring 
the registration book and poll book for Spencer precinct. (Witness brings up 
books.) IMr. Barker, have jmu the abstract of the congressional vote?—A. Yes, 
sir. 

Q. Has it a correct footing at the bottom of the columns?—A. Yes, sir. 

Q. Will you please read to the record the total vote received in Rowan County 
for the contestant, Ylr. Campbell?—A. The original abstract shows 4,916. Im¬ 
mediately under that is, in pencil figures, 4,915. 

Q. I .will ask you if the correct footing would make it 4,915 or 4.916?—A. I 
haven’t totaled it. 


CAMPBELL VS. DOUGHTON. 423 

Q. What is tlie total vote received in Rowan Countv for the contestee Mr. 
Deu^diton?—A. 0,288. 

Q. Barker, the revisal of 1905, being public laws of North Carolina, sec¬ 
tion 5900, being pai-t of the election law of the State, provides as follows: 

“ Absentee voter may sign name on ballot; ballots and certificates to be kept.— 
In voting by the method prescribed in this article, the voter may, at his election, 
sign, or cause to be signed, his name upon the margin or back of his ballot or 
ballots, for the purpose of identification. The ballot or ballots so voted, to¬ 
gether with the accompanying certificates, sliall be returned in a sealed envelope 
by the registrar and poll holders, with theii* certificates of tlie results of the elec¬ 
tion, and kept for six months, or in case of contest in the courts, until the results 
are finally determined.” 

According to your statement here, in open hearing, concerning the records 
turned over to you by your predecessor in office, thei-e were no ballots or 
certificates of ballots sealed up in envelopes and returned to your office?—A. 
No, sir. 

Q. To your knowledge?—A. No, sir. 

Q. Mr. Barker, you have no knowledge of these certificates only you found 
them in your office?—A. That is all, sir. 

Q. Were there any affidavits as to sickness in your office?^—A. There is one 
in that lot, sir. 

Q. And you have said that, so far as you know, there are among the records 
of your office no other records of absentee ballots or certificates than those 
which you have exhibited to the hearing?—A. Not to my knowledge. 

Q. I will ask you to make a further inquiry, and if there are. to be subject 
to recall,—A, I will, sir. 

Cross-examination by Gov. Bickett ; 

Q. You say you have in your office the registration books from each precinct 
in the county?—A. Yes, sir. 

Q. Y’’ou also have the poll books?—A. Yes, sir. 

Q. What do the registration books show? What information do you have in 
the registration books?—A. The names of qualified voters in the precinct. 

Q. Qualified voters who have been duly admitted to registration?—A. Yes, 
sir. 

Q. They are shown for each precinct?—A. Yes, sir. 

Q. You have that record?—A. Yes, sir. 

Q. Now, what appears in the poll books?—A. The poll book is the list of 
persons whose names are on the registration books who actually voted. 

Q. So that you do have, then, in your office, a complete record of every per¬ 
son who actually voted in this county in the last election?—A. I presume so j 
yes, sir. 

Q. And this is classified by precincts?—A. Y'es, sir. 

Q. So that any person wanting to know whether or not .John Doe or Richard 
Roe or anybody else was a qualified voter could go there and examine the reg¬ 
istration books and find out, couldn't he?—A. Yes, sir. 

Q. And then go and examine the poll books in your office and find out 
whether or not he actually voted?—A. Yes, sir. 

Q. Therefore, Mr. Barker, there is exactly the same opportunity for inquiry 
into the legality of a vote cast by an absentee as there is into the legality of 
a vote cast by any other elector?—A. I should say so; yes, sir. 

Q. All of them are matters of record?—A. Yes, sir. 

Q. And so if an elector who actually voted in the last election was not 
qualified under the law, his name is there, and that could be shown—the facts 
could be shown?—A. I would say so. 

Redirect examination by Mr. Britt : 

Q. You have said in answer to Gov. Bickett's question that the records are 
there to show who voted?—A. Yes, sir. 

Q. The records are not there to show who voted by absentee ballot, are 
they?—A. I don’t know, sir. 

Q. You have already stated that with the exception of those which you 
hold in your hand there are no records of absentee ballots in your office?— 
A. No absentee certificates, I said. 

Q. I formulated my question so as to say, so far as you know, there are no 
records in your office?—A. So far as I know. 


424 


CAMPBELL VS. DOUGHTON. 


Q, Will you please do me the kindness to count that list in your hand?—A, 
Thirty-two of these and one certificate of disability. 

Q. Now, IMr. Barker, if we should assume that in the county of Rowan, at 
the general election of November 2, 1920, there were 500 absentee ballots cast 
and it were desired now, as it is desired, to make a complete inquiry into them 
and probably recount them by the Committee of the House or by the House, 
you have no evidence of that 500, assuming that the number was 500, other 
than the 32 in your hand?—A. I have no evidence, nor have I ever heard the 
law construed that they should be deposited with me. 

Q. I am asking you about your records. You have none of those?—A. I have 
none of those. 

Q. Do you know approximately how many absentee votes were supposed to 
have been cast in your county?—A. I do not. 

Mr. J. R. CRUSE, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Beitt : 

Q. Your name is J. R. Cruse?—A. Yes, sii*. 

Q. You were th^ registrar at Spencer precinct?—A. Yes, sir. 

Q. Have you the certificates that were cast there—certificates of absentee 
ballots?—A. No, sir; I have not. 

Q. Have you the envelopes that they came in?—A. No, sir; I haven’t got 
them; just took the tickets out of the envelope and put them in the box, and 
they voted in with the rest. 

Q. You didn’t preserve either the envelopes or certificates?—A. No, sir. 

Q. Just simply destroyed them?—A. They got misplaced some way in 
counting. 

Q. You never returned them?—A. No, sir. 

Q. So, if the law which I read a moment ago, requiring that they should be 
sealed up and returned an<l kept for six months, is, in fact, the law of the State, 
you didn’t comply with it?—A. They may be in the bottom of one of them 
ballot boxes. 

Q. You didn’t return them?—A. No, sir. 

(}. You don’t know how many were cast there, do you?—A. Some 60, I think. 

Q. You didn’t seal them up and return them, and therefore you don’t know 
how many there were?—A. No, sir. 

Q. I believe you put up this picture that the witness Mr. Dorsett testified 
about?—A. There was a picture put there, and when they objected to it I took 
it down. 

Q. You put it up yourself?—A. Yes, sir. 

Q. Do you hold any public position in Spencer ?—A. I am police there. 

Q. Y’'ou are a member of the town police?—A. Yes, sir. 

Q. Chief of police?—A. Yes, sir. 

Q. You were registrar at the last election?—A. Yes, sir. 

Q. Also registrar at the primary election?—A. Yes, sir. 

Q. You have been registrar for some years?—A. Yes, sir; part of the time. 

Q. You are Democratic in your politics?—A. Yes, sir. 

Q. You supported Mr. Doughton at the late election?—A. Yes, sir. 

Cross-examination by Gov. Bickett: 

Q. The absentee ballots that were cast at your box, did they have any names 
markefl on the back of them?—A. No, sir; not one of them. 

Q. Were those ballots opened in the presence of the Republican judge?^— 
A. Yes, sir; I opened the ballots, took out the ballot, and handed it to the Repub¬ 
lican judge, and he deposited it in the box. 

Q. Did the Republican judge challenge the names of any of those absentee 
voters?—A. No, sir. The Republican judge, J. D. Dorsett. when we went to 
open the absentee vote, got up and went out, and asked Ij. A. Armstrong to 
take his place, and he never came back; and Armstrong was the man that 
deposited the ballots dn the boxes. 

Q. He is the one that watched it?—A. Yes, sir; and looked whether or not 
they were on the registration books? 

Q. Did anybody challenge them?—A. No, sir. 

Q. Those ballots were voted like anybody else’s ])allots?—A. Yes, sir. 


('A-MPBELL YS. DOUGH TON. 


425 


lltMlirec't examination by ]Mr. Holton: 

Q. Did any of those certificates state, “I vote the Republican (or Demo¬ 
cratic) ticket,” without the ballots being inclosed ?—-A. Yes, sir. 

Q. How many?—A. I think eight. 

Q. Do you know what their politics was?—A. All the Democratic envelopes 
had tickets in them. 


Mr. JOHN L. FLEMING, a witness introduced by the contestant, being first 
duly sworn, testifies'as follows: 

Direct examination by Mr. Holton: 

Q. What is your name?—A. John Fleming. 

Q. Were you registrar at China Grove precinct?—A. Bradshaw precinct. 

Q. John L. Fleming is your name?—A. Yes, sir. 

Q. China Grove was the post office?—A. Yes, sir. 

Q. Is there a precinct there by the name of China Grove?—A. No, sir; not 
any in our township. 

Q. Were you registrar for the precinct where those absentee certificates were 
brought in from here a while ago?—A. No, sir; I still have mine. I am from 
Atwell Township. 

Q. Did you have absentee voters at your precinct?—A. Four or five. 

Q. What became of the certificates and envelopes?—A. I still have them. 

Q. Have you them with you?—A. Yes, sir. 

Q. Will you please let us have them?—A. Yes, sir. 

[Hands envelope to Mr. Holton.] 

Q. Six—is that correct?—A. I don’t know; I didn’t count them. 

Q. Four affidavits and two certificates?—A. That is all I have. 

Q. Where are the certificates for the other two? The other two votes that 
came in there? Four affidavits and only two certificates; have you got them 
all? You have here two certificates of Ernest Cleary and also G. F. Cline. Did 
you have any other certificates?—A. No, sir; nothing else. We voted them in 
there. 

Q. How did you vote them on this affidavit?—A. Just like we did anyone else. 
We thought that was all we needed to vote them. 

Q. You didn’t know how they were going to vote?—A. They put in the 
ticket themselves. Sent the ticket in. 

Q. I want to know where the envelope is and the certificate that came with 
it?—A. We voted them on that; put the vote in. 

Q. Voted them on affidavit?—A. Yes, sir. 

Q. How did they come in—sealed up?—A. Yes, sir; I believe they were. 

Q. What became of the envelope they were in?—A. I put them all in one, and 
kept that. I thought that was as good as to keep the envelopes. 

Q. Do you know how those people voted?—A. Yes, sir; I think I know how 
every one of them voted. 

Q. E. J. Fleming?—A. Democratic ticket. 

Q. F'or Mr. Dough ton?—A. Y>s, sir. 

Q. Ketchy—how did he vote?—A. They all voted the Democratic ticket. 

Q. R. A. Allbright and Amanda E. Allbright voted the Democratic ticket?—A. 
Yes sir. 

q’. Those four didn’t have any regular certificate?—A. That there is all. 

Q. Six votes, and two came in envelopes and the other four came in with this 
affidavit?—A. Yes, sir; they came in with them. 

Q. Do you know (b F. Cline?—A. Yes, sir. 

Q. Where does he live?—A. Lives in our precinct, 

Q. Where was he that day?—A. At school; Mount Pleasant School. 

Q. Out of the count.v?—A. Yes, sir. 

Q. How did he vote?—A. He voted the Democratic ticket, too. 

Q. Ernest Cleary; how did he vote?—A. Democratic ticket. 

Q. Where is he?—A. He was at Richmond, I believe. Theological seminary, 

I think. 

Q. How long had he been there?—A. Went off in September. School generally 
opens about September. 

Q. He was off at .school?—A. Yes, sir. 

Q. What did you do with the ballots that were cast there that day?—A. They 
were left in the boxes, at the polls. 


426 


CAMPBELL VS. DOUGHTOl^. 


Cross-examination by Mr. Craig : 

Q. Was any objection made to these ballots at the time they were cast by the 
Republican judge or anybody else?—A. No, sir. 

Q. No challenge made to either of these votes?—A. No, sir. 

Q. Was the name of the absentee voter written on the margin or the back of 
the ballot of these ballots?—A. I think on the envelope; on the outside. 

Q. Not written on the ballot?—A. No; I don’t think any name on the ballot. 

Redirect examination by Mr. Holton : 

Q. This ticket of E. J. Fleming is a certificate of disability?—A. Yes, sir. 

Q. That is all you had upon which to vote that ticket?—A. Yes, sir. 

(Ticket introduced and marked “ Contestant’s Exhibit 1.”) 

Mrs. Annie Ketchie?—^A. Yes, sir. 

Q. You identify that as the certificate upon which you voted her ticket?—A. 
Yes, sir. 

Q. There is no certificate upon which to vote, but an affidavit of disability?—A. 
No, sir; no certificate. This came in an envelope with a ballot, and that is all we 
had. 

Q. The envelope didn’t have any certificate as to how to vote?—A. No, sir; but 
the ticket was there. 

Q. Nothing to tell how to vote, other than the ticket in the envelope?—A. 
No, sir. 

(Affidavit introduced and marked “ Contestant’s Exhibit 2.”) 

Q. Mrs. R. L. Allbright; that is an affidavit of disability, isn’t it?—A. Yes, sir. 

Q. No certificate to show how to vote?—A. No, sir. 

(Certificate introduced and marked “Contestant’s Exhibit 3.”) 

Q. This affidavit is what you had for the purpose of voting Amanda E. 
Allbright?—A. Yes, sir. 

Q. You didn’t have any other certificate to vote for her?—A. No, sir. 

Q. That is a certificate of .disability ?—A. Yes, sir. 

Q. No certificate as to how she was to vote?—A. No, sir. 

(Certificate introduced and marked “Contestant’s Exhibit 4.’’) 

Q. You identify those four as affidavits upon which you voted those ballots?— 
A. Yes, sir. 

Q. They didn’t have any certificate as to how they should vote?—A. No, sir. 

Q. And they came to you in sealed envelopes, did they?—A. Yes, sir. 

Q. And you didn’t preserve the envelopes?—A. No, sir. 

Q. And you haven’t them now?—A. No, sir; haven’t got them. One envelope 
was just exactly like the one I^gave you. 

Q. The others were not?—A. Ordinary envelopes. It was agreed between 
the two judges that we would vote a Republican the same way, and he said he 
would get his certificate from the doctor, and told me he would return about 
3 o’clock. He didn’t bring the certficate. I don’t know why he didn’t. 

Recross-examination by Mr. Craig : 

Q. When those came from the voters, did they have the ballots in the en¬ 
velope?—A. Yes, sir; the ballot was put in the envelope with this, just like 
those over yonder. The judges said they would vote anyone that came in 
that way before 3 o’clock. 

Redirect examination by IVIr. Holton : 

Q. Where were those people when you swore them?—A. At home. 

Q. Did you go to the house?—A. Y"es, sir. 

Q. How long before the election?—A. A day or two. 

Q. Then you carried the ticket?—A. Yes, sir; put the ticket in there and 
sealed it up in an envelope, and we kept these until 3 o’clock the evening of 
election. .lust like the ones that came in the mail. 

Q. Did you register those people?—A. Yes, sir. 

Q. When did you register them? The same time?—A. No, sir; I believe I 
registered them before that. 

Q. Did you go to their houses?—A. Yes, sir. The registration books weren’t 
open at that time. They were registered before that, a good while; during 
the registration period. The registration books were not open at that time; 
at the time we got those ballots. 

(The contestant introduces envelope addressed to Esq. J. L. Fleming, which 
is marked “ Contestant’s Exhibit 5 ” ; also certificate of Ernest Clary, which 
is marked “ Contestant’s Exhibit 6 ”; also certficate of C. F. Cline, which is 
marked “ Contestant’s Exhibit 7.”) 


CAMPBELL VS. DOUGHTON. 


427 


(The hearing adjourns until 9.30 a. m., Tuesday, Mar. 1, 1921.) 

Puisuant to adjournment, the hearing in the aliove-entitled cause convened 
.at 9.30 a. m., Tuesday, March 1, 1921. 

Present: Mrs. J. D. Dorsett, commissioner; on behalf of contestant: Attor¬ 
neys A. E. Holton, Monroe Adams, and J. M. Waggoner; on behalf of contestee: 
His own proper person, Hon. Robert L. Doughton, Gov. T. W Bickett Kerr 
Craig, and P. S. Carlton. ’ 

Mr. J. F. ]McCUBBINS, a witness previously introduced bv the contestant, 
being recalled, testifies as follows: 

Direct examination by Mr. Holton : 

Q. I now hand you paper purporting to he the abstract of votes cast at an 
election for Representative in the Sixty-seventh Congress of the United States, 
for the eighth congressional district of North Carolina, on Tuesday after the 
first Monday in November, 1920, it being the second day thereof, in the county 
of Rowan, N. C., at the place appointed by law for holding elections of said 
county. Will you examine that and state what it is [hands witness paper] ?— 
A. Yes, sir. This is a list of the vote for Congressman that was left in my 
office by the board of canvassers. 

Q. Is it a record of your office?—A. Yes, sir. 

Q. For the county of Rowan, I suppose?—A. Yes, sir. 

Q. Now, will you please give us the report of each precinct?—A, North ward, 
Doughton, 875; Campbell, 312; south ward, Doughton, 476; Campbell, 149; 
east ward, Doughton, 541; Campbell, 212; wesf ward, Doughton, 881; Camp¬ 
bell, 526; Spencer, Doughton, 649; Campbell, 221; Plast Spencer, Doughton, 
140; Campbell, 220; China Grove, Doughton, 281; Campbell, 296; Landis, 
Doughton, 293; Campbell, 350; Unity, Doughton, 206; Campbell, 86; Cleveland, 
Doughton, 187; Campbell, 89; Scotch-Irish, Doughton, 104; Campbell, 150; 
Mount Ulla, Doughton, 161; Cnmpbell, 114; Morgan No. 1, Doughton, 114; 
Campbell, 159; Morgan No. 2, Doughton, .59; Campbell, 1.53; Grants Creek, 
Doughton, 37; Campbell, 76; Bost Mill, Doughton, 48; Campbell, 49; Steel, 
Doughton, 87; Campbell, 124; Franklin, Doughton, 210; Campbell, 195; Brad¬ 
shaw, Doughton, 174; Campbell, 123; Enochville, Doughton, 138; Campbell, 
222; Rockwell, Doughton, 86; Campbell, 1.56; Barnhardts Mill, Doughton, 48; 
Campbell, 79; Granite Quarry, Doughton, 125; Campbell, 101; Gold Hill, Dough¬ 
ton, 68; Campbell, 140; Boston Cross Road, I^oughton, 45; Campbell, 194; 
Hylig Mill, Doughton, 100; Campbell, 203; Hatter Shop, Doughton, 97; Camp¬ 
bell, 95; Roman Academy, Doughton, 53; Campbell, 121. Total, Doughton, 
6,283; Campbell, 4,916 (4,915). 

Q. Read the certificate on there, please.—A. (Reading:) 

State of North Carolina, Rowan County: 

“ We, the undersigned board of county canvassers for said county, having 
opened, counted, canvassed, and returned the election of the several precincts 
in this county, held as above stated, do hereby certify that the above is a true 
abstract thereof, and contains the number of legal ballots cast in each precinct 
of this county, the name of each person voted for, and the number of votes cast 
for each person for Representative in Congress, as aforesaid. 

“ Given under our hands, this the 4th day of November, 1920. 

“ W. A. Steele, J. R. Cruse, R. L. Lingle, .T. C. Kestler (secretary), 
Neely Disk, J. L. Fleming, F. G. Hall, Neely Lisk, P. J. Kress, 
J. d" Shoe, W. L. Harris, R. L. Holshouser, T. J. Rabe, F. L. 
Ford, P. E. Sherrill, H. E. Goodman, S. A. Trexler, C. A. Camp¬ 
bell, W. F. Thompson, .T. H. A. Lyerly (chairman), J. L. Agner. 

“ Total, Doughton, 6,283; Campbell, 4,916.” 

And under that, in pencil, 4,915. In Franklin Township they didn’t know 
whether it was 19.5 or 196. 

Cross examination by Gov. Bickett : 

Q. You live here in the county?—A. Yes, sir. 

Q. You are pretty familiar with political campaigns in the county?—A. 
Well, I should say so; yes, sir. 

Q. State whether or not you saw anything during the campaign- 

(Contestant objects. He did not bring out anything about that.) 

Gov. Bickett. The contestee serves notice on the contestant that when the 
contestee commences to offer testimony, he will introduce evidence that in every 



428 


CAMPBELL VS. DOUGHTON. 


county in the eighth district the county commissioners issued an order exempt¬ 
ing all soldiers and sailors who served in the World War from the payment of 
poll tax for the year 1919; that the contestant was fully advised of this action 
by the commissioners of the several counties; and that he himself appeared in 
person before the commissioners of Stanley County and urged the making of 
such an order. In the interest of time, valuable to us all, the contestee there¬ 
fore desires to inquire of the contestant whether or not, in view of these facts, 
he proposes to challenge the votes of soldiers and sailors on account of the 
nonpayment of poll tax, as was done in Iredell County, 

Mr. Holton. We will review eadi case as it comes up in each county. With¬ 
out going into a discussion, I am told that a number of the challenged votes 

that you have named in your counter case are of that same class. I do not 

know how that is. 

Gov. Bickett. We say to you light now that those names were put in there 
because tljere were a number of voters mentioned in your notice served on us 
who were soldiers and sailors, but we have stated in our answer, and we state 
now—make it a matter of record—that we not only do not insist upon the chal¬ 
lenge of any soldier or sailor, regardless of his politics, on account of the non¬ 
payment of poll tax, but we protest against it, and in no instance would we 
challenge any soldier or sailor unless we are forced to do so by the policy of 
the other side. 

Mr. WALTER DEAL, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Holton : 

Q. Where do you live?—A. Atwell Township. 

Q. Did you have any connection with the holding of the last election?—A. 
I was Republican .iudge. 

Q. At what point?—A. Bradshaw precinct. 

Q. Do you know how many absentee votes were voted at your precinct?— 
A. I don’t really know the number. 

Q. Who was your registrar?—A. Mr. .1. L. Fleming. 

Q. Do you know whether there were any votes voted after the polls closed?— 
A. We voted two men after we started to count. 

Q. After the polls were closed?—A. We agreed to start to count, and if any¬ 
one came in, we would let them vote. 

Q. What time of day?~A. It was cloudy—couldn’t tell whether the sun was 
down or not. I kind of think it was beginning to get tolerably dusky. 

Q. After sundown?—A. Yes, .^ir. 

Q. Do you know how they voted?—A. Democratic ticket, 

Q. For Mr. Doughton?—A. Yes, sir. 

Q. For Congress?—A. Yes, sir. 

Q. Do you know anything about this negro picture that has been spoken 
of?—A. Well, I .iust saw it. There was a man exhibited it on the grounds. 

Q. Where did he exhibit it?—A. It was there on the grounds. 

Q. What grounds?—A. Election grounds. Right there where we were holding 
the election. 

Q. What time of day?—A. Some time in the afternoon. 

Q. Who exhibited it?—A. Mr. F. D. Patterson. 

Q. Who is he?—A. County commissioner in this county. 

Q. A member of the board of county commissioners of Rowmn County?—A. 
Yes, sir. 

Q. Did he say anything about it at the time?—A. Well, I was busy; I don’t 
know just what he said. 

Q. Did he say anything?—A. He said something. I don’t know just what he 
said, myself. 

Q. How far was he from the polls?—A. Well, he was something like 15 or 
20 feet, I suppose. Had the polls on the porch. He was out in the yard. 

Q. Any people about there?—A, Yes; several people. 

Q. Did he pass it or keep it in his hand ?—A. Had it in his hand. 

Q. What kind of picture was it?—A. It was a picture of Senator Harding 
and four or five darkies. Not sure whether there was five or six pictures on 
the paper. I think six; not positive. Harding and several darkies. 

Q. Did that have any effect upon the people?—A. Well, there was right smart 
talk around there. I don’t know just what was said. 


CAMPBELL YS. DOUGHTON. 


429 


Q. Did it create any excitement?—^A. Well, there was right smart talk about 
it. In fact, I believe the election stopped at that time for a little bit while they 
looked at it; a few minutes. 

Q. What was the politics of Mr. Patterson?—A. He is a Democrat. 

Cross-examination by Gov. Bickett : 

Q. You say you were one of the election judges?—A. Yes, sir. 

Q. You had agreed that you would start counting the votes before the sun 
went down?—A. Yes, sir. 

Q. That is done pretty generally throughout the State in the interest of time, 
isn’t it?—A. Maybe so. We had a good deal to count. 

Q. I was simply commending you, rather than criticizing you. It is almost 
the universal custom in the country precincts to start counting late in the even¬ 
ing, and then if folks come in before the sun goes down, to let them vote. That 
is just what you all did out there?—A. Yes, sir. 

Q. It was agreed to by both judges and registrar?—A. We agreed to that, but 
I told them I thought the sun was down, but the other judge said he saw in the 
Charlotte paper the time to a minute, whether you could see the sun or not. 

I think 5.41 or 5.42. Of course, I don’t know whether that was after sundown 
or not. It was after that time when one of these men got voted. The other got 
in inside of that time. The last man was after that time. 

Q. You are certain that one of them got in just by a nose, and the other 
probably got out by a nose?—A. That was the time they said they were going 
to run on, what w'as stated in the Charlotte paper. 

Q. It is really right hard to tell unless you have got an almanac-A. Yes, sir. 

Q. Just when the sun goes down, isn’t it, Mr. Deal?—A. Yes, sir; you can’t 
hardly tell. 

Q. Just exactly what sunset is, is a matter for the-A. That is the time of 

day it was. 

Q. For the Government. They were legal voters, all right?—A. Yes, sir; I 
think so. 

Q. Not challenged on that account? Either one of them? Do you remember 
the man that you thought voted just a little beyond the sunset?—A. No, sir; 
I don’ remember. A man and his son. I don’t remember which one was first. 

Q. Do you know the name of the man and his son? Who were they?—A. Mr. 
Will Meaniss, a son of Dr. Meaniss. 

Q. Father and son?—^A. Yes, sir; but which voted first I couldn’t tell you. 

Q. Father and son came to the polls together?—A. Yes, sir. 

Q. And you think the one was taken and the other was left?—A. By the time 
they said. I couldn’t tell you. It was beginning to get right smart dusk. I 
thought it was after sundown, myself. But he said- 

Q. They really ruled—the majority there ruled—that the sun hadn’t set 
when these men voted?—A. They seemed to think they would let him vote yet, 
and they let him vote. 

Q. Thev quoted the Charlotte Observer?—A. I said, “No more voting after 
this, I don’t care what his politics is; no more voting after this.” 

Redirect examination by INIr. Holton : 

Q. What was tbe politics of those other two ofticei’s?—A. Democratic. 

Q. You think one of them voted after time?—A. After the time quoted in 
the Charlotte Observer. I think 5.42. I don’t be positive. 

It was after the time they fixed as being the time?—A. It was by my watch, 
when the last man got voted. 

Mr. L. A. KARRIKER, a witness introduced by the contestant, being first 
duly sworn, testifies as follows: 

Direct examination by Mr. Holton : 

Q Were you at Bradshaw precinct on the day of election?—A. I was. 

Q. Did you see Mr. Patterson with the picture?—A. Yes, sir. 

Q What did' he say?—A. Just held it up in front of the crowd and said, 
“Here is the kind of man (or men) that you are voting for.” And made 
some other remarks. I don’t remember, word for word. That was about 8 
feet fro mthe ballot box, on the porch. Held the election on the porch, and he 
was something like 8 feet from the box. On the porch when he first ex- 

^^Q^^What time^of dav?—A. I expect nearly 4 o’clock, best of my recollection. 

Q. How long had you been at the precinct?—A. Practically all day. 




430 


CAMPBELL VS. DOUGHTON. 


Q. Hadi you seen the picture before?—A. No; I hadn’t seen it before. As 
well as I remember, Mr. Harding was in ’the center and a group of Negroes 
around him. That is my recollection of it. 

Q. Did you ever see that picture at any other time?—A. No; I never did see 
it before or since. 

Cross-examination by Gov. Bickett: 

Q. You didn’t see anybody kept from voting on account of the picture?—A. 
No; I didn’t. 

Q. You didn’t see any disturbance there around the polls?—A. No; nothing 
only the kind of conversation that would be created. 

Q. There is always more or less excitement on election day, isn’t there?—A. 
It just depends on what comes up during election, about how much excitement 
there would be. 

Q. Since the passage of the Volstead Act, politics is about the greatest dissi¬ 
pation that our people can indulge in?—A. I couldn’t tell you; not posted 
enough along that line to answer you. 

Q. Folks get excited about politics and always have?—^A. It is natural for 
some people to get excited over’politics. 

Q. Always has been so. The voting was about all done when you saw that 
picture?—A. No; there was considerable voting done after he exhibited the 
picture. 

Q. What time of day was it?—A. Some time between 3 and 4 o’clock. 

Mr. L. D. KERB, a witness introduced by the contestant, being tirst" duly 
sworn, testifies as follows: 

Direct examination by Mr. Holton : 

Q. Where do you live?—A. Upper edge of Rowan County; Bradshaw precinct. 

Q. Who was the registrar in your precinct?—A. Mr. Fleming. 

Q. How far do you live from Mr. Fleming?—A. I live 4 miles—3^—from Mr. 
Fleming. 

Q. M'as he in your neighborhood registering people?—A. Yes, sir. 

Q. Whom did he register close by?—A. Mr. Boyd’s folks. 

Q. What was their politics?—A. Democrats; that is what he registered them 
for. 

Q. Did you ask him to register your wife?—A. Yes, sir. 

Q. What did he say and do; did he register her?—A. No, sir. 

Q. What excuse did he give?—A. He said he wasn’t registering anyone that 
didn’t vote the Democratic ticket; that he wasn’t going to the house. 

Q. Did she register?—A. No, kr. 

Q. What was her condition of health?—A. Well, she was looking to be con¬ 
fined. 

Q. She was in a delicate condition of health?—A. Yes, sir. 

Q. What was her politics?—A. Republican. 

Cross-examination by Gov. Bickett: 

Q. You registered yourself?—A. Yes, sir. 

Q. You went to the place of registration?—A. Yes, sir. 

Q. Who was the registrar in that precinct?—A. Mr. Fleming. 

Q. There was a pretty full Republican registration down there, wasn’t there?— 
A. Well, I don’t know about that. I just merely registered. 

Q. How far do you live from the precinct?—A. A mile and a quarter. 

Q. And you went down there and asked the registrar to go up to your house?— 
A. No, sir. 

Q. And register your wife?—A. No, sir. 

Q. Did you have your wife with you?—A. No, sir. 

Q. Well, how did you expect him to register her?—A. He was there in the 
neighborhood—just the second house above me, right on his road. Nothing to do 
but just stop. 

Q. He was not at the place of registration when you asked him?—A. No, sir. 

Q. That wasn’t on Saturday—was that on Saturday?—A. Saturday evening, 
late. 

Q. Did he have his book with him at that time?—A. Yes, sir. 

Q. Did your wife ever register after that?—A. No, sir. 

Redirect examination bv Mr. Holton : 

Q. Was that on account of her sickness?—A. Y’^es, sir. 


CAMPBELL VS. DOUGHTON. 431 

Mr. WILLIAIM LOVE SHAVER, a witness introduced by the contestant, being 
first duly sworn, testifies as follows: 

Direct examination by Mr. Holton : 

Q. Were you registrar in Gold Hill precinct?—A. Yes, sir. 

Q. How many absentee votes were cast at your place?—A. Twelve or thirteen. 

Q. Have you the certificates and envelopes?—A. Yes, sir. 

Q. Will you let us have them, please?—A. (Witness produces certificates 
and envelopes.) 

Q. These you received how? By mail or how?—A. They was banded to me. 
INIight be one or two in the mail. 

Q. Who handed them to you?—A. First one and then another. C. P. Mont¬ 
gomery left some at my house. I was oft working. 

Q. When were they left at your house?—A. Before the election. 

Q. How long before?—A. Two or three weeks—two weeks. 

Q. Where were those parties on the day of election?—A. A good many of 
them around there at home. 

Q. Did they have any doctors’ certificates or affidavits with them?—A. They 
are all right there. 

Q. This is all there was in them?—A. Yes, sir. I haven’t seen them since 
the election, until I brought them here. 

Q. Here is one—INIyrtie Shaver?—A. My son’s wife. 

Q. Was she at home on the day of election?—A. She had a small baby. 

Q. What was her politics?—A. She is a Democrat, I believe. 

Q. Do you know whether she voted the Democratic ticket?—A. I think she 
voted the Democratic ticket. 

Q. Here is another, from P]. H. Montgomery. Do you know him?—A. Yes, 
sir. 

Q. Was he registered on the registration books?—A. That is Mrs. E. H., 
isn’t it? That is Montgomery’s wife. She was puny; sick. 

Q. She had no doctor’s certificate or affidavit?—A. I have given you all they 
gave me. 

Q. How did she vote?—A. Democratic ticket. 

Q. Who brought that to you?—A. I don’t remember now. It was left at 
my house. Montgomery might have done it himself. 

Q. Here is the next one: E. S. Montgomery. Do you know him or her? 
Who was that?—A. Ed. Montgomery? 

Q. I don’t know.—A. There is one Edward Montgomery. 

Q. That is from Badin. How long has he been at Badin?—A. Ever since 
he came back from the war. 

Q. That is in this county?—A. Stanley County. 

Q. He is a .single man?—A. Yes, sir. 

Q. Leo N. Shaver. Do you know him?—A. Yes, sir. 

Q. Where does he live?—A. In Washington. 

Q. Do you know what he is doing in Washington?—A. In Government busi¬ 
ness there. 

Q. How old was he?—A. About 25, I reckon. 

Q. How long has he been in Washington?—A. I don’t know. Probably, 
maybe, a year. He worked in\ Charlotte a good while, at the post office, at 
the time of the war. I think he resigned and went to Washington. 

Q. Has he lived in this county since he worked at Charlotte?—A. That was 
his. home, down there. He came back and stayed until he got ready to go 
to Washington, after he resigned in Charlotte. 

Q. How long did he stay?—A. Probably a couple of weeks, or months. 

Q. How long ago has that been?—A. Before the election. 

Q. Was he at work in Washington then?—A. I don’t know whether he was 

or not. . , ^ 

Q How did he vote?—A. Democratic ticket. 

Q How did E. S. Montgomery vote?—A. Democratic ticket. 

q'. Here is Maye Earnhardt. Who is that?—A. One of Mr. Earnhardt’s 
daughters. 

Q How did she vote?—A. Republican. 

Q That was mailed to you?—A. Yes, sir. I told you I thought, maybe, some 
of them was mailed. I don’t wan’t to tell a story if I know it. 

Q. Buna Yelton?—A. Yes, sir; O. F. Yelton’s wife. ..... 

Q. How did she vote?—A., It strikes me she voted a Demoratic ticket. 

Q. Where was she?—A. About home. 


432 


campbp:ll vs. doughton. 


Q. No d(tctor's eertilioiiteV—A. I ^>ave you all they gave me. 

Q. Edna Kirk. How did she vote?—A. Eet me see. She voted the Demo¬ 
cratic ticket. I was just studying who she was. 

Q. That was handed to you—her envelope?—A. Yes, sir. 

Q. How far did she live from the precinct?—A. Alxuit three or four hundred 
yards, I reckon. 

Q. She was there on the day of election?—A. I don’t remember whether she 
was ai'ound there or not. I was busy and didn’t see her. 

Q. Any affidavit of hers?—A. I gave you what they gave me. When a man is 
registrar, he hasn’t got much time to see who is around there. 

Q. Pearl Earnhardt. Do you know her?—A. Yes, sir. 

Q. How did she vote?—A. Republican. 

Q. Where was she?—A. I don’t know whether she was off at school or where. 
Anyhow, she wasn’t at home. I think she was at school. 

Q. Where was she at school, you say?—A. School or some factory. I would 
not say. But she was not at home. 

Q. That was mailed into you?—A. Yes, sir. 

Q. C. R. Montgomery. Where does he live?—A. His home in at Gold Hill. 
He is working at a place they call Virgilina. 

Q. Do you know .Tohn W. .Tenkins?—A. He lives at Gold Hill. 

Q. Was he there on the day of election?—A. Yes, sir. 

Q. C. R. Montgomery was there on the day of election?—A. I don’t know. I 
think C. R. Montgomery was probably working up here at Spencer. Two or 
three of those Montgomerys. 

Q. That envelope was handed to you?—A. C. R. INIontgomery’s was. 

Q. Who handed that to you?—A. It was left at my house. Of course, I 
couldn’t he around the house all the time. 

Q. Who is John W. Jenkins? What connection did he have with the elec¬ 
tion?—A. None at all. 

Q. Was Mr. Montgomery at home, C. R. jMontgomery?—A. I think probably 
he was at Spencer. 

Q. Did he work at Spencer?—A. He has been working there. 

Q. No affidavit for that?—A. I gave you all they gave me. 

Q. He voted the Democratic ticket?—A. Yes, sir. 

Q. M. N. Hedrick?—A. Yes, sir. 

Q. Where does he live?—A. Gold Hill. His home is there. 

Q. Was he there on the day of election?—A. No, sir. 

Q. Where was he?—A. I don’t know where he was on the day of election, 
hut he was working about Virgilina. He is a c*ontractor. I don’t know ex¬ 
actly what place he is. 

Q. He voted for Mr. Doughton?—A. I guess he did. 

Q. Here is Jessie Montgomery; how did she vote?—A. She voted the Demo¬ 
cratic ticket. 

Q. Where did she live?—A. Her home was at Gold Hill. She is working in 
Salisbury. 

Q. She was at that time?—A. Yes, sir. 

Q. No certificate with her?—A. No, sir. 

Q. Here is Annie T. Avett; do you know her?—A. Yes, sir. 

Q. Where was she on the day of election?—A. At home. 

Q. How far from the precinct?—A. About a quarter of a mile. 

Q. She voted the Democratic ticket?—A. Yes, sir. 

Q. Did you see her that day?—A. No, sir; I never saw her but about opce 
in my life. She has gone off to the hospital now. 

Q. She was there at the time of election?—A. Yes, sir. 

Q. Julia C. Tucker?—A. Her mother. 

Q. She voted the Democratic ticket?—A. Yes, sir. 

Q. For Mr. Doughton?—A. I suppose so. 

Q. It all went straight?—A. No cutting, much, in the whole thing. 

Q. If a man voted the Democratic ticket he voted a straight ticket?—A. 
There was less marking than I ever saw. 

Q. She was there that day?—A. She couldn’t leave home on account of her 
daughter being sick. 

Q. Where did she live?—A. At Avett’s; his wife’s mother. 

Q. Right there at the precinct?—A. A quarter of a mile. 

Q. No certificate with any of these—certificate of health?—A. No, sir. 

Q. Here is one from Mary Earnhardt; do you know her ?—A. Yes, sir. 

Q. Do you know how she voted?—A. Republican ticket. 


CAMPBELL VS. DOUGHTON. 


433 


Q. Ho\y many Republican tickets—two or three?—A. I never kept count. 

Q. You have got no further use for these?—A. No, sir. 

Q. You have kept these in your pocket since the election?—A. Yes, sir; I 
put them in my coat pocket I wore on election day and haven’t worn it since. 
I got to hunting for them and found them in the pocket of that coat and 
brought them along, 

Q. What became of the ballots cast at that box?—A. We held the election 
down there in a storehouse right on tlie street, and we only let one voter come 
in at a time, except if a man and his wife came together we let the two go in 
together. Didn’t want a crowd—got to talk and tell something. So we let 
one in at a time, unless his wife was with him, and then we let them both go. 
After we got done counting out the tickets was left in the box. 

Q. You didn’t pretend to save or preserve them?—A. No, sir. 

Q. Left them in the box?—A, Yes, sir. 

Q. It could be opened?—A. Yes. sir ; by .children, if they got in the storehouse, 

Q, Or by men, either?—A. After the election was over with. 

Q. The public had access to them?—A. Yes, sir; if thej^ wanted to; it was 
locked up. 

Q. A man who had a key to the store could get in?—A. Yes, sir. 

Q. Whose store was that?—A. Mr. James M. Rufty. 

Cro.ss-examiiiation by Gov. Bickett : 

Q. I’liose were all -qualihed voters?—A. Yes, sir. 

Q. Duly registered?—A. Yes, sir. 

Q. Was a challenge made of any of tliose voters at the time those ballots 
were opened?—A. No, sir. 

Q. Part of those votes were Republican and part Democratic?—A. Yes, sir, 

Q. All treated exactly alike?—A. Yes, sir. 

Q. Some of them were out of the county Avorking, off at different places, and 
some of them were living there in the neighborhood?—A. Yes, sir. 

Q. Did you have any evidence before you about the physical condition of 
those people that were there in the neighborhood, other than what appeared by 
those papers?—A. No; just what I knew about them myself, I knew they was 
puny. We had the telephone switchboard in our house, and could tell \vho was 
sick in the whole country. That is a good place to find out things. 

Redirect examination by Mr. Holton : 

Q. There weren’t any puny Republicans voted?—A, I never heard tell of it, 

Q. And the Republicans that voted absentee votes, they were then outside of 
the county?—A. Sir? 

Q. These Republicans you mentioned, they were outside of the county?—A. I 
don’t know whether they were off at school, or what they were doing. 

Q. Those Republican votes came regularly through the mail?—^^A. Yes. sir. 

Q. And they are the only envelopes that have stamps on them?—A. I think so. 

Q. The remainder were handed to you before the election?—A. Yes, sir. 

Recross-examination by Gov. Bickett: 

Q. I notice here the vote of Mary Earnhardt. Was there any affidavit ac¬ 
companying this vote?—A. That is the way it came to me. I handed them 
over to the judges, and the judges opened them and put the tickets in and 
handed them back to me. 

Q. There was no affidavit that this i)arty lived in tlie precinct, and was an 
absentee.voter?—A. No, sir. 

Re-redirect examination by Mr. Holton : 

Q. Mary Earnhardt, you say, was not a resident of that precinct?—A. I said 
she wasn’t there at election time. 

Q. You don’t know where she was?—A. No. Out of the county, I think. 

Q. Was she there before election? She lived there before and since?—A. 
Yes sir; she lived in a couple of miles of Gold Hill. She registered there, and 
went bad^ to what she was doing. 

Q The only letters here—only three of them have stamps? Is that cor¬ 
rect^—A IMary Earnhardt, Pearl Earnhardt, and Maye Earnhardt. 

Q They cast the three Republican votes?—A. They was all sisters. 

Q Where is Rockwell?— A. About 5 miles of Gold Hill. 

q’. In Rowan County?—A. Yes, sir. They lived on a rural route. 

Q. You say Rockwell is in Rowan County?—A. Yes, sir. 

57695—21-28 i 


434 


CAMPBELL VS. DOUGHTON. 


(Contestant introduces certificates and envelopes, as follows: M. N. Hedrick, 
“ Contestant’s Exhibit 8 ” ; E. S. Montgomery, “ Contestant’s Exhibit 9 ” ; Myrtie 
Shaver. “ Contestant’s Exhibit 10 ” ; C. R. Montgomery, “ Contestant’s Exhibit 
11”; E. H. Montgomery, “Contestant’s Exhibit 12”; Leo, N. Shaver, “Con¬ 
testant’s Exhibit 13 ”; Edna Kirk, “ Contestant’s Exhibit 14 ”; Annie T. Avett, 
“Contestant’s Exhibit 15”; Buna Yelton. “Contestant’s Exhibit 10”; Julia C. 
Tucker, “Contestant's Exhibit 17”; Jessie Montgomery, “Contestant's Exhibit 
18”; Pearl Earnhardt, “Contestant’s Exhibit 19”; Mary Earnhardt, “Con¬ 
testant’s Exhibit 20 ” ; Maye Earnhardt, “ Contestant’s Exhibit 21.” 

Mr. I. T. BAILEY, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr, Holton : 

Q. Mr. Bailey, were you registrar at Unity precinct in the last election in 
Rowan County?—A. Yes, sir. 

Q. How many absentee votes were cast at your precinct?—A. I don’t re¬ 
member exactly. 

Q. Give us an idea.—^A. Why, it was in the teens somewhere. Probably 
18 or 20. I just don’t remember. 

Q. Where were the parties on the day of election?—^A. Different places. 
Part sick; part of them off at school and at work. 

Q. Scattered about?—^A. Yes, sir. Some in Winston-Salem. 

Q. Where are the envelopes that they came in?—^A. I don’t know what I 
did with them. I have forgot. I was studying yesterday and thought maybe 
I placed them in a book. 

Q. You didn’t seal them up?—^A. No; no. 

Q. You didn’t pay any attention to them after they were counted?—A. 
No, sir. 

Q. Men or women principally?—A. Both. 

Q. Evenly divided?—A. More women. 

Q. The women were there in the neighborhood?—A. Yes, sir. 

Q. What did you do with the ballots after you got through counting them?— 
A. Nailed them up and put them away for future reference. 

Q. Where are they now?—^A. There at home. 

Q. At your house?—A. No, sir. Put them away in the building where we 
put the votes. I preserved the box and the ballots. 

Q. They are there now?—A. They are there now. 

Q, Did you put in there the certificates and the envelopes?—A. I just simply 
don’t remember what I did with them. I don’t know at all. I thought yester¬ 
day probably I put them in the registry book, but I don’t remember at all. 

Mr. G. W. RATLIDGE, a witness introduced by the contestant, being first 
duly sworn, testified as follows: 

Direct examination by Mr. Holton : 

Q. Where do you live?—A, Woodleaf, Unity Township, 

Q. Do you know a man by the name of George Click?—A. Yes, sir. 

Q. Did he vote in your precinct?—A. Yes, sir. 

Q. Do you know how he voted?—A. Democratic. 

Q. How old is he?—A. I couldn’t say. Something like between 25 and 30 
He has been in the Army; in Prance. 

Q. Do you know where he was living at the time of the election’—A He 
had been in Winston something like a year. He is a single man. 

(h’oss-examiiiation by Gov. Bickett : 

Q. You say he is a single man?—A. Yes, sir. 

Q. What was the name of the voter?—A. George Click. 

Q. His parents Pve there in your precinct?—A. Yes, sir. 

Q. He has always claimed that as his home?—A. Well, he has been away 
some before, and in the Army, and when he came back from Prance he went 
to Winston-Salem and went to work. He voted absentee when he was in 
Prance two years ago. 

Q. He was duly registered?—A. Yes, sir; he was duly registered. 

Q. Do you know where he had his washing done?—A. They said that was 
done at home- 

(Contestant objects unless the witness knows.) 



CAMPBELL VS. DOUGHTON. 


435 


A. (Continued.) That is what they said on the day of election- 

(Contestant objects.) 

A. (Continued.) It was the general reputation that he had his washing done 

there at home- 

(Contestant objects.) 

A. (Continued.) That was the general reputation. I never heard it only on 
the day of election when they challenged him. I didn’t hear it before then. 

Q. You say they challenged him?—^A. They challenged his absentee vote. 
and it was brought out on the hearing of the challenge that he had his wash¬ 
ing done at home. 

Q. At home?—A. Yes, sir. 

llight there in that precinct?—A. Yes, sir. 

Q. That is where his parents live?—A. Yes, sir; his parents live in that 
precinct. 

Q. lie himself is a single man?—A. Yes, sir. 

Mr. C. A. DEAL, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Holton: 

Q. What connection had you with the election last fall?—A. I was Repub¬ 
lican judge. 

Q. At what precinct?—A. Unity precinct. 

Q. What county?—A. Rowan County. 

Q. Were you present when the absentee votes were counted?—A. I was 
present. 

Q. Did you assist in counting the votes?—A. No, sir; I didn’t assist in count¬ 
ing the absentee votes. 

Q. Did you see them counted?—A. Well, I suppose I saw them, but I don’t 
remember how many there was. 

Q. Do you remember how they voted?—A. Well, I think they were about 
all—probably all—Democrats. 

Q. Voted straight Democratic tickets?—A. I think so. 

Q. INIr. Doughton’s name was on the Democratic ticket?—A. Yes, sir. 

Q. Do you know anything about the picture that has been talked about 
here?—A. I didn’t see any. 

Mr. CHARLES HARRIS, a witness introduced by the contestant, being first 
duly sworn, testified as follows: 

Direct examination by Mr. Waggoner: 

Q. What precinct do you live in?—A. Unity. 

Q. Where did you vote?—A. Woodleaf. 

Q. Were you at the precinct on the day of election?—A. Yes, sir. 

Q. Do you know anything about the Harding picture?—A. No, sir. 

Q. Did you ever see it?—^A. Why, I have .seen his picture in newspapers, I 
think is about all. 

Q. Did you have any conversation with the postmaster about the Harding 
picture, surrounded by colored men? 

(Contestee objects to any hearsay testimony.) 

Q. Did you hear him say anything?—A. Yes, sir. 

Q. Now, go ahead and state it.—A. Why, he just says, “ Mr. Harris, you can’t 
afford to vote for that man down here in the South; he is 16 per cent Negro.” 

Q. Who was it said that?—A. Why, it was Mr. Fleming. 

Q. What is his busines?—A. Postmaster. 

Q. What is his politics?—A. I reckon he is a Democrat. I think so.. 

Q. When did he say this to you?—A. It was on election day. 

Q. What time of day?—A. I am not certain, but it seems to me like it was in 
the morning. * 

Q. Anybody hear him?—A. No, sir; I don’t think they did. 

Q. Had you voted then?—A. No, sir. 

Q. You went ahead and voted?—A. Yes, sir. 

Cross-examination by Gov. Bickett : 

Q. How did you vote?—A. The Republican ticket. 




436 


CAMPBELL VS. POTJGHTGN. 


Mr. J. T. GARTNER, a witness introduced by the contestant, being first duly 
sworn, testifies as follows: 

Direct examination by’Mr. Adams: 

Q. Your name is J. T. Gartner?—^A. Yes, sir. 

Q. In what precinct do you live?—A. Unity. 

Q. Did you vote there the last election?—A. Yes, sir. 

Q. What is your business?—A. Merchandising. 

Q. Is your store located near the precinct of Unity?—A. There at the depot. 

Q. With whom did you have a conversation prior to the election concerning 
the Negro picture-^—Harding’s picture surrounded by Negroes?—A. I don’t know 
anything about that, only somebody told me it was tacked up at the post office. 

Q. What gentleman talked to you about it?—A. About the picture? 

Q. Yes.—A. Well, the only man that talked to me about the picture was Mr. 
Nicholson, but he never said anything about the picture with Negroes. He came 
in my store one morning and said to me, “ Mr. Gartner, you have got the wrong 
picture up in your store. You ought to take it down.” 

Q. What picture did you have?—A, Harding’s. 

Q. Why did he say you should take it down?—A. He said it was one-sixteenth 
Negro. 

Q. What is Mr. Nicholson?—^A. I said I did not put It up and I would not 
take it down. I thought it was as good as anybody else. 

Q. What is Mr. Nicholson’s profession?—A. He is a Presbyterian preacher, 

Q. Does he have a charge in that vicinity?—A. Yes, sir. 

Gross-examination by Gov. Bickiett : 

Q. What is your politics?—A. Well, I vote a Republican ticket; always have; 
all my life. 

Q. You voted it at this election?—A. Yes, sir. 

Q. Notwithstanding the picture?—A. No; I didn’t vote according to the 
picture. 

Q. Notwithstanding the picture, you voted the Republican ticket?—A. I just 
voted because that is the way I vote. I don’t know anything about what color 
he is. 

Q. It didn’t change your vote?,—A. No, sir. 

Q. Neither pictures nor preachers can change your vote?—A. No; it didn’t 
change my vote. I always vote as I please, like most other men. 

Q. This preacher was not running on the national ticket for any office?—A. 
Not that I know of. 

Q. You know he was not a candidate for any public office?—A. I never heard it. 

Q. Do you know the politics of the Presbyterian preacher?—A. Well, I suppose 
he is a Democrat. That is what he is known as. 

Mr. G. A, DEAL, recalled, testified as follows: 

Direct examination by Mr. Holton ; 

Q. How did George Glick vote?—A. He voted the Democratic ticket. 

Mr. I. T. BAILEY, recalled, testified as follows: 

Direct examination by Mr. Holton : 

Q. Do you know three Goon girls who registered and voted down in your 
pi-ecinct?—A. Yes, sir. 

Q. Did they register before you?—A. No, sir. 

Q. Where were they on the day of election?—A. At Flora McDonald Gollege, 
Red Spring?. 

Q. Down in Roberson Gounty?—A. Yes, sir. 

Q. How came you to put their names on the books?—A. I got a notification 
from the chairman. . 

Q. What are their names?—A. I don’t know them. 

Q. One of them is Pearl Goon?—A. One is Pearl. 

Q. Mary?—A. I don’t know their names. 

Q. Lizzie?—A. One was Pearl. I don’t know the others. 

Q. Where did they come from?—A. Harmony, Iredell Gounty. 

Q. You know there were three girls?—^A. Yes, sir. 

Q. And they voted the Democratic ticket?—A. Yes, sir. 


CAMPBEUL VS. DOUGHTON. 


487 


Cross-examination by Gov. Bickett; 

Q. Their names were handed in to you by the chairman of the county board of 
elections?—A. Yes, sir. 

Q. As having registered before him?—A. Yes, sir. 

Redirect examination by Mr. Holto?{ ; 

Q. When did you get that list from him?, When you got the picture?—A. 
No, sir. 

Q. When did you get it?—A, I have forgotten. It was sometime during the 
registration period. 

Q. He certified that in to you?^—A. Yes, sir. 

Mr. W. F. THOMPSON, a witness introduced by the contestant, being first 
duly sworn, testified as follows: 

Direct examination by Mr. Holton : 

Q. Mr. Thompsoiii, were you connected with the election last fall?—A. Yes, 
sir; I was registrar; Cleveland precinct. 

Q. Do you know how many absentee votes were cast there?—A. Twelve or 
thirteen. 

Q. Where are those votes uow?—A. I don’t know, sir, 

Q. What became of them?—A. I tlmik we sealed them up in an envelope, 
but I don’t know what went with them. 

Q. Did you return them to the register of deeds?—A, I was under the im¬ 
pression that we did, but they don’t seem to have them, and- I would not say 
positively that I did. But we sealed them up in an envelope. 

Q. How many of those were Democratic votes?—A. I think they were all 
Democratic except one. 

Q. r>o you remember the names of any of the parties who voted?—A. I 
think if I could think a little bit, I could give you all of them. 

Q. See if you can.—A. One was Rev. .J. T. Hall, who moved fi'om there a 
short time before the election, to Windsor, Mo. He was registered, and mailed 
his ticket back. One was Mr. Ford, who is a traveling man, and is in Vir¬ 
ginia. He was traveling, and was in Virginia at the time. 

Q. Married man?—A. No; single man. Cleveland is his home, but he is a 
single man, and travels. One was Mr. Brown, who is a student at Davidson 
College. And one was Mr. Fleming, who, is at Union Theological Seminary, 
Richmond; and Miss Fleming, who is in school at Richmond. Miss Thompson, 
in school at Columbia.. 

' Q. A relative of yours?—A. Daughter of mine. Then, there was Mrs. 
INIoore, who was sick. She made an affidavit, signed by a justice of the peace; 
and Mr. Dean, who was sick, and a justice of the peace went down and took 
his affidavit. And Mr. A, C. Summitt—his wife brought in one of these 
regular forms signed up as an absentee voter, and wanted to find a doctor; 
wanted to get a certificate from a doctor certifying that Mr. Summitt was sick, 
and I told the two judges of election that we knew of our own personal 
knowledge that IMr. Summitt was sick. 

Q. Did she bring in a ticket?—A. She brought a certificate that he wished 
to vote- 

Q. Was the ticket in there then?—A. One of these certificates where he told 
what ticket he wanted to vote. 

Q. What ticket was it? Democratic?—A. No; Republican. Happened to 
be a Republican, and his wife was wanting to find a doctor to get a certificate, 
and I told the board we knew of our own personal knowledge that the man 
was sick, and I proposed to relieve her of that trouble. We counted that vote. 
That was the only one that was irregular. 

Q. Was any of these men you have named married men who were away with 
their wives?—A. That Mr, Hall—Rev. .T, T. Hall—was away with his wife. 
He left Cleveland and moved to Missouri. 

Q. Before election?—A. A short time before election. 

Q. Any of the ministerial students married men?—A. No, sir. 

Q. What did you say about to whom you turned over these absentee votes 
and certificates?—A. We sealed them up in an envelope, and my recollection 
is that they came in with the returns. 

Q. To whom did you deliver them? You came here yourself?—A. Yes, sir. 

Q. You brought the registration books?—A. Yes, sir. 

Q. And poll books?—xV. Yes, sir. 



438 


CAMPBELL VS. DOUGHTON. 


Q. You turned everything over to whom?—A. The county board of can¬ 
vassers. 

Q. The chairman of the board of county elections?—A. I don’t know whether 
they were turned over to him or the clerk of the superior court or the register 
of deeds. 

Q. One of the three?—A. One of the three; yes, sir. 

Cross-examination by Gov. Bickett : 

Q. That is the best of your recollection about that? You are not certain?— 
A. That is the best of my recollection. 

Q. You intended to bring them?—^A. That was our intention. 

Q. None of these absentee ballots had the names of the voters written on the 
back of them?—A. No, sir; not a single one. 

Q. They were all duly registered there in the precinct?—^A. All duly regis¬ 
tered. 

Q. On the books ?—A. Yes, sir. 

Q. Any challenges made by anyone as to the legality of these votes?—^A. No, 
sir; not any challenge at all. 

Q. And the one irregularity that occurred was with reference to this sick 
Republican?—A. Yes, sir. We knew he was sick. 

Q. And you acted upon your own knowledge there?—A. Yes, sir. 

Redirect examination by Mr. Holton : 

Q. What became of the ballots that were voted that day?—A. We rede¬ 
posited the ballots in the ballot boxes and sealed them over. 

Q. Where are they ?—A. Out there where we held the polls; sealed up there. 

Q. At the precinct?—A. Yes, sir. 

Q. Who has charge of them?—A. We held the election in a vacant storehouse. 
The local Masonic lodge owns the store building. It was vacant and we held 
the election in that store building. 

Q. Did you all sign your names to the certificates?—A. Yes, sir. 

Q. Closed them up according to law?—A. Yes, sir. 

Mr. W. A. HALL, a witness introduced by the contestant, being first duly 
sworn, testifies as follows: 

Direct examination by Mr. Holton : 

Q. Where do you live?—A. Franklin Township. 

Q. Rowan County?—A. Yes, sir. 

Q. Were you connected with the last election?—A. Judge; Republican judge., 

Q. Who was registrar?—^A. Mr. Frank Ford. 

Q. Who was the other judge?—^A. Frank Thompson. 

Q. What was their politics?—^A. Democrats, I guess. Always have been. 

Q. Democrats, you guess?—A. That is the way they have always^ voted. I 
guess that is what they are. 

Q. Do you know how many absentee votes were polled at your precinct?—^A. 
I think 13. I have a list of them. I have a list of all the votes cast. A copy 
of the poll book. I have a correct list of every vote cast. 

Q. Do you know of any irregularities there, or anybody voting who was not 
entitled to vote?—A. They were all registered, but whether they were entitled 
to register, I don’t know. 

Q. Who were they that were not?—A. Some, so far as the educational quali¬ 
fication was concerned, were not entitled to vote. And there was one absentee 
voter that I never knew- 

Q. How did those persons vote who were not entitled to register?—A. Ma¬ 
jority of them Democrats. They refused to register Republicans who could not 
pass the educational test. 

Q. How many of them?—A. I couldn’t tell you. I can go over the list. 

Q. Men or women?—A. Both. Majority of them were women. 

Q. They were registered this fall in the new registration?—A. Yes, sir. 

Q. You have got them checked?—A. No; I haven’t got them checked. 

Q. Give the names of those who were registered this fall, without the proper 
qualifications.—A. Mrs. Beulah Lentz- , 

Gov. Bickett. I want to inquire of counsel whether or not it is his purpose to 
go behind the registration books to ascertain whether or not- 

Mr. Holton. I will say to you this is not for that purpose; it is only for the 
purpose of showing the discrimination of the registrar; that he put one class 





CAMPBELL VS. DOUGHTON. 


489 


on ami declined to put the other class on. That is the only purpose in this— 
to show discrimination against the Republicans. 

Gov. Bickett. The witness do.esn’t know; he didn’t examine them. 

Q. Were you present when any of them were examined?—A. No, sir. 

Q. Any Republicans?—A. I was tolerably close. I was as far off as from here 
to the end of the wall. 

Q. Were you present when any of the Republican women were rejected?—A. 
As far as from here to the hall, sitting out in a machine. 

Q. Are they here?—A. Yes; some of them. 

Q. Give me their names?—A. Mrs. D. L. Hendricks. She didn’t vote. Mrs. 
D. W. Myers, Mrs. T. M. Massey, Mrs. Goble, Mrs. Lizzie Klutz, Frank Athy, 

]\Irs. Hampton, Mrs. Jones, Tom Goble, :Mrs. Robert WycofC, two of Mr. - 

nieces, I don’t know their given names, Mrs. H. D. Kanupp, Mrs. Lemley. 
Those I know of them refusing to register and refusing to let them vote. 

Q. On what grounds? What was the objection?—A. Why part of them they 
claimed couldn’t read and write; or they turned them down from some cause. 
Mrs. Hendricks, and IMrs. Myers, and Mrs. Massey, they refused to be classed 
as Negroes; would not stand the test. 

Q. They are white women?—A. Yes, sir; here to-day. 

Q. They registered others without putting the test to them?—A. Yes, sir; so 
I have heard. 

Were these women entitled to register? Were they 21 years of age?—A. 
Yes, sir. 

Q. They had been residents of the State and county a sufficient length of 
time?—A. Yes, sir. 

Q. They were entitled to register?—A. Yes, sir; most of them had children, 
and some grandchildren. 

Q. Could any of them read and write who were turned down?—A. I consid¬ 
ered all could read and write. I never examined them. 

Q. How many have you the:re who were refused registration?—A. I have 
never counted them. Thirteen here; 13 names altogether, refused registration 
that I know of. 

Q. All qualifid electors?:—A. I would judge them to be. If I had to pass on 
them without examining them, I would be willing to express the opinion that 
they were. 

Q. Who was the registrar?—A. Mr. Ford. 

Q. Was that on regular registration day?—A. Yes, sir. 

Q. Did these women offer their vote?—A. Yes, sir. All came up election day 
and offered their votes. 

Q. How did they propose to vote?—A. Well, now, I don’t know, but I think 
the majority of them proposed to vote the Republican ticket. One of them was 
turned down that was a Democrat when she went there. It was right amusing. 
As I was going along, I saw a machine broken down, and I had known the lady 
all my life, raised up with her, and I had an idea she was a Democrat, and I 
said, “ I will take you down, your machine is broken.” And she said, “ I may 
vote the other way.” I said I couldn’t help that; I had respect enough for a 
woman to take her down anyway. I guess they thought she was going to vote 
the Republican ticket, and they turned her down. 

Q. Was there anyone who voted that day who was not entitlerl by reason of 
nonresidence?—A. Some absentee voters; never have lived in the township. 

Q. Who were they?—A. Mrs. Molly Powers. She never lived in Franklin 
Township to my knowledge. I liave been raised in the township. There was 
Miss Molly Fowl as, who died 16 or 17 years ago. And Martha Kepley; she 
is dead- 

Q. How is her name on tlie registration or poll book?—A. I don’t know 
whether it is on the registration book at all or not. The registrar handed 
this ticket out and nothing was said about it. I said there has never been 
such a person as that in Franklin Township. They just said the letter was 
mailed in; I think they said from South Carolina. 

Q. She was voted?—A. Yes, sir. 

Q. How was that ticket voted?—A. It called for a straight Democratic 
ticket. 

Q. Including Mr. Doughton?—A. I guess she voted for him; called for a 
straight Democratic ticket. 

Q. Any other name?—A. Two others; M. P. Young and his wife. I don’t 
know who they are and I never have been able to find out. Some said East 




440 


CAMPBELL VS. DOUGHTON. 


and some said Hai-mony. I heard he married Mr. Swicegood’s daugh¬ 
ter, on the old IMocksville Koad. 

Q. You don’t know whether they ever lived in the county?—A. I don’t know 
the man at all. If he ever lived in Franklin Township I never heard of it. 

Q. How did they vote?—A. Straight Democratic ticket. That is wdiat the 
slip called for. 

Called for a straight Democratic ticket?—A. Y^es, sir. 

(2. What became of those tickets?—A. Mr. Ford put them hack in his pocket. 
That is the last I have seen of them. 

Q. He didn’t seal them up?—A. I don’t know. I think he put them back 
in the envelope and stuck tliein in his pocket, best of my recollection. 

Cross-examination by Gov. Bickett : 

Q. You say this Mr. Young and his wife are not living down there?—A. If 
they are I don’t know’ it. I have asked several down there and they claim they 
don’t know^ them. 

Q. I thought I understood you to say she was a Miss Sw’icegood?—A. Yes; 
I said that his w’ife w’as Mr. John Sw’icegood’s daughter. 

(). Does Mr. John Sw’icegood live there?—A. Yes; he was raised in Franklin 
Tow’iiship. 

Where does he live now’?—A. I thirds in Salisbury now’. I think he 
luoveil hei’e either Just before the election or probably since the election. 

Q. PT’anklin Tow’iiship has always been Mr. Sw’icegood’s home?—A. Yes, sir; 
up until he moved to Salisbury. 

Q. Y"ou don’t know^ w’hether or not this couple claimed Mr. Swdcegood’s home 
as their home?—A. I didn’t know’ they wnre married until since the election. 

(}. You really don’t know’ anything about their meanderings?—A. Only what 
other people tell me. 

Q.'These’ people that you carried down there to have registered,^ I under¬ 
stood you a while ago that you were not present, close enough,, to hetir any 
examination given the people by the registrar?—A. No; I was not close 
enough for that. 

Q. You didn’t hear any of the questions he put to them?^—A.. No. 

(2. Nor did you hear any of their answ’ers?—A. No ; I didn’t hear that. 

Mrs. W. A. HALL, a w’itness introduced by the contestant, being first duly 
sw’orn, testifies as follows: 

Direct examination by Mr. Holton : 

Q'. Where do you live?—A. I live in Franklin County. 

Q. You are the wife of W. A. Hall?—A. Yes, sir. 

Q. What is your given name?—A. Mary. 

Q. Were you at the polling precinct on registration day and the days prior to 
the election?—x\. Yes, sir, 

Q. Who W’as wdth you?—A. Well, the first day I w’as there Mrs. McClamrock, 
]\Irs. Beulah Miller, Mrs. Bullyboy, and Mrs. Wood. 

Q. W’ho W’as the registrar at work that day?—A. Mr, Ford. 

Q. Did he register any w’omen there that day?—A. Yes; he registered all of 
them that day. 

Q. What Saturday was that?—A. I think two Saturdays before the registra¬ 
tion books closed, and the next Saturday I went again. 

Q. Did he put them through the test that day?—A. No, sir. 

Q. Did he apply any test?—A. He asked us where we lived and w’here we were 
born and our names. That is all he asked. 

(). Could they all read and write?—A. I suppose so, but he didn’t ask. 

Q. Now’, then, did you go back another time?—A. Yes, sir. 

Q. When did you go back?—A. The next Saturday ; I don’t know the date. 

Q. Who W’as w’ith you that <lay?—A. Mrs. Fesperman, Mrs. Will Klutz. Mrs. 
Lizzie Klutz, Mrs. Pinkston. 

Q. Now’, who carried you there?—A. My husband. 

c}. Carried all those ladies?—A. Yes, sir. 

Q. Did they register that day?—A. Part of them did and part didn’t. He put 
the test to them. 

Q. He put the test to them?— A. Yes, sir. 

Q. Put the test to all of them?—A. Yes, sir; all that went that day; all that I 
went with. 

Q. Did you go back any more?—A. No, sir. 


CAMPBELL VS. DOUGHTON. 


441 


Q. Were auy of them turned down that day?—A. Yes, sir, 

Q. How many?—A. Mrs. Lizzie Klutz. 

Q. She is a white woman?—A. Yes sir. 

Q. What did he turn her down for; what did he say?—A, He said she couldn’t 
read. He didn’t ask her to write. Said she couldn’t read to his satisfaction—I 
don’t remember just the words. It didn’t satisfy him, at least. 

Q. She was qualified?—A. I don’t know. 

Q. Did she live in the i)recinct?—A, Yes, sir; all her life. 

Q. How old is she?—A. She is married and has a big family. 

Q. He rejected her?—A. Yes, sir. 

Hid he reject anybody else?—A. I didn’t see anybody else, but I heard 
them say he ditl. T heard other women say he turned them down, but I didn’t 
see it. 

Q. Do you know how many he turned down that day?—A. No, sir. 

Q. Did any of these ladies undertake to vote at the election?—A. Not any of 
those I went with. 

Q. That lady that was turned down, what was her politics?—A. She was a 
Democrat when we picked her up. We passed her, and their machine was 
broken and my husband said, “ I will haul her down if she is a Democrat.” 
They turned her down—Mrs. Lizzie Klutz. I suppose she was in bad com¬ 
pany and they judged her to be bad, too. 

Q. What kind of company is that?—A. Republican. That is what they say, 
anyway. 

Q. What who says?—A. The Democrats—most of them. 

Q. Who told you about that—the registrar?—A. No„ sir;, I never heard him 
say a word. 

Cross-examination by Gov. Bickett: 

Q. I believe you said you went down two days?-—A. Yes, sir. 

O'. And the first day they registered everybody in your party?—A. Yes, sir. 

Q. And the second day they registered everybody except Mrs. Klutz?—A. 
Yes, sir. 

Q. And she was a Democrat traveling in disguise?—A. Yes, sir. 

Mr. FRANK ATHEY, a witness introduced by the contestant, being first 
duly sworn, testified as follows: 

Direct examination by Mr. Holton ; 

Q. Where do you live?^—A. Franklin precinct. 

Q. Did you vote at the last election?—^A. No, sir. 

Q. What is your age?—A. Thirty-four the 18th of last December, 

Q. How long have you lived in that precinct?—A, Twenty-seven years. 

Q. Did you try to register?—A. Yes, sir. 

Q. Before whom?—A. Mr. Ford. 

Q. He was the registrar?—A. Yes, sir. 

Q When did you try to register?—A. One Saturday; I don’t know which. 

Q. Mliile the registration books were open?—A. Yes, sir. 

Q. Why would he not register you?—A, Because I would not read and 
write the Constitution. 

Q. Did he put that test to you?—A. Yes, sir, 

Q. Did you offer your vote?—A. Yes, sir. 

Q. On the day of election?—A. Yes, sir. 

Q. Whom did you offer to vote for for Congress?—A. I would have voted 
the Republican ticket if I had voted at all. 

Q. Did you offer to vote for .Tames I. Campbell, the Republican nominee?— 
A. Yes, sir. 

Q Did they register you after that for any other purpose? For a school 
election?—A. This was one Saturday I went and he would not register me. 

The next Saturday my wife and Mrs. - went up there and he throwed 

the Constitution to her and she read it and, of course, he registered her. They 
taken my mother at the same time, and she can’t read and write—don’t Imow 
one letter from anotlier—and he registered her. Didn’t ask her to read and 
write. 

Q. What was her politics?—A. She was a Republican. And so then they 
asked him how come he put the Constitution to some and some he didn’t, and 
told him my mother couldn’t read and write at all and I could read a little and 
write my name, and I read print pretty well and write my name and know it 
wherever I see it. They come back and said he would register me in both 



442 


CAMPBELL VS. DOUGHTON. 


school election and bij? election. And then I understood afterwards that 
he didn’t register me only for the school election. 

Q. Did you otfer your ticket?—A. Yes, sir. 

Q. He rejected it?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. You handed them a ticket on the day of election?—A. Yes, sir; I went up 
there on the day of election—my wife and ]\Irs. Wood said they had registered 
me. 

Q. Tell what you did with your ticket?—A. I had my ticket and went up 
there to jiut it in, and they would not let me. Said my name wasn’t on the 
book. 

Q. Were you registered in an election after that, or do you know?—A. I 
don’t know. 

Q. Did they register you in the school election?—A. He didn’t that Satur- 
ilay. 

Q. Did he at all? Were you registered in the school election?—A. My wife 
and Mrs. Wood said I was; said they got after him and registered me. 

Cross-examination by Gov. Bickett : 

Q. How old are you?—A. Thirty-four, I think, this last December. 

Q. You are 34 .vears old?—A. Yes, sir. 

Q. How long have you been living down in that precinct?—A. About 26 
or 27 years. 

Q. Did you evei‘ register down there before?—A. No. 

Q. Ever offer to register?—A. Yes, sir. 

t^. You have been turned down?—A. Yes, sir. 

Q. Because you couldn’t read and write?—A. That is it. 

Q. Now, Mr. Athey, don’t you remember that when you v^ent up there this 
time, the registrar offered to give you a very easy examination in order to 
qualify you, and that you refused to even try to read?—A. He just offered me 
a book. I said, “What is that for?” He said to read the Constitution, and I 
said, “ I don’t think I will.” 

Q. You didn’t try to read it?—A. No, sir. 

Q. The registrar—I ask you if it wasn’t the policy of tlie registrars down 
there, whenever they put this educational test, to help the voters along, and 
help them do the very best they could, so as to make them qualified, if possible, 
under the educational clause?—A. Well, how come them to put it before some 
and not before others? 

Q. I am not on the witness stand. Don’t you know it was the policy of those 
registrars, whenever they applied the constitutional test about reading and writ¬ 
ing, to make it as easy as possible for the voters to qualify?—A. I don’t know 
how much he was going to ask me to read, and so I didn’t try. 

Q. But you do know that when he offered you this section of the Constitu¬ 
tion, that you didn’t even try?—A. No, sir; I didn’t 

Q. You made no eft'ort?—A. No. 

Q, And made no effort to stand the examination?—A. No, 

Redirect examination by Mr. Holton : 

Q. Was anybody else being registered when you were there?—A. No, sir, 

Q. Was anybody else trying to register?—A. Not while I was there. I 
didn’t stay many minutes, 

Mrs. DAISY JONES, a witness for the contestant, being first duly sworn, 
testified as follows: 

Direct examination by Mr. Holton ; 

Q. Your name is what?—A. Daisy Jones. 

Q, You are a married lady?—A. Yes, sir. 

Q. What is your age?—A. Thirty-one. 

Q. Where do you live?—A. Franklin precinct, Rowan County. 

Q. How long have you lived there?—A. About four—nearly five—years. 

Q. Then you were a resident of Franklin precinct?—A. Yes, sir. 

Q, Where did you vote?—A. Franklin- 

Q. Did you vote?—A. No. 

Q. Why didn’t you vote?—A. Because he wanted to put the Constitution to 
me, and I would not read it. 

Q. Can you read it?—A. Yes, sir. 

Q. Why didn’t you try to read it?—A. Because my husband told me not to. 
He said I didn’t have to read it, and that is the reason I didn’t read it. 



CAMPBELL VS. DOUGHTON. 


443 


Q. AVas anybody else there taking the test?—A. No, sir. 

Q. Did he register anybody else while yon were there?—A. Yes, sir; Mrs. 
Hampton and that lady there. 

Q. Did he put the test to them?—A. Yes, sir. 

Q. AVas there anybody else there that registered that they didn’t put the test 
to?—A. Mrs. Hampton. 

Q. Anybody else here?—A. No, sir. 

Q. How many of you were there at the time?—A. There was about six of us, 
I think. 

Q. All registered?—A. All except two. 

Q. AAHio were they?—A. Mrs. Hampton and myself. 

Q. Did Airs. Hampton try to read?—A. She can’t read. 

Q. AVhat was the politics of those ladies?—A. I don’t know; I didn’t notice. 
Q. AVhat ticket were they going to vote?—A. Republican. 

Cross-examination by Gov. Bickett: 

Q. You say there M'ere two other ladies with you, Mrs. Jones?—A. Yes, sir. 
Oh, there were several; all of us went together. 

Q. Two went with you?—A. Yes, sir. 

Q. And both of them were registered?—A. Yes, sir. 

Q. Both of them stood the examination?—A. One of them did. 

Q. And your husband had told you you just didn’t have to?—A. Yes, sir. 

Q. And he told you not to read the Constitution?—A. Yes, sir. 

Q. Do you remember that was after the law that was passed giving women 
the right to vote?—A. I reckon so. 

Q. That you went down there?—A. Yes, sir. 

Q. You know that after that law was passed that women don’t have to mind 
their husbands any more?—A. No; I know they don’t. 

Q. But you can read and write it?—A. I can. 

Q. And you just would not?—A. I just would not read. 


Mrs. EVA AA^YCOFF, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Air. Holton : 

Q. AA^here do you live?—A. Franklin Township. 

Q. You are a married lady?—A. Yes, sir. 

Q. How old are you?—A. Twenty-three. 

Q. You lived in Franklin precinct last fall?—A. Yes, sir. 

Q. How long have you lived there?—A. About six years. 

Q. Did you register and vote last fall?—A. Yes, sir; went to, but he turned me 
down. 

Q. Did you vote?—A. No, sir. 

Q. What did you do in the way of an attempt to register?—A. He asked me 
to read the Constitution, and I read a few lines and I told him my husband said 
I didn’t have to. I read a couple of lines, and so he never registered me. 

Q. Did you write part of it?—A. I wrote two lines—what he gave me. I 
don’t know what it was. 

Q. He dictated to you?—A. Yes, sir. 

Q. You wrote how much of the Constitution?—A. A line or two. 

Q. They turned you down?—A. Yes, sir. 

Q. What did he say to you?—A. Said I couldn’t read the Constitution; that is 
what he said. 

Q. Did you get to vote?—A. No, sir. 

Q. Did you offer your vote?—A. I have never been down there after that 

time. 4 TVT • 

Q. Did you go to the election?—A. No, sir. 

O AVhat is your politics?—A. Republican. .tit 

O Did he know that?—A. I don’t know whether he did or not I reckon he 
did,’ becanse he knew what my Inisband was. I reckon he knew what I 

'^*Q''Any others he turned down tlie day yon were there?—.A. Nobody but one 

"r Ail tvh?te‘n^ertir; w2^ I was there. I wasn’t timre hut 

“ Q'v^i'o^wk you there?-A. My husband. 

^hat ifhtsTamen.^ Robert Wycott. 


444 


CAMPBELL VS. DOUGHTON. 


(The hearing takes a recess until 2 p. in. Pursuant to recess, the hearing 
convenes at 2 p. m.) 

Mr. R. L. PERRYMAN, a witness introduced by the contestant, being first 
duly sworn, testified as follows: 

Direct examination by Mr. Holton : 

Q. Where do you live?—A. Franklin Township. 

Q. Were you at the voting precinct on the day of election, last November?— 
A. Yes, sir. 

Q. Did you see Frank Owens there?—A. Yes, sir. 

Q. What occurred, with reference to his wife’s vote?—A. He came up and 
voted himself. 

Q. How?—A. The Republican ticket; and asked- 

Q. Asked whom?—A. The judges; if he could carry a vote home and let his 
wife fix it up and hand it in, and Mr. Thomas told him it would have to be 
mailed in. 

Q. Who was Mr. Thomas?—A. The Democratic judge. 

Q. Did he come back any more?—A. No, sir. .Tust turned off when Mr. 
Thomas said that. 

Q. Did you see any votes come in that didn’t come through the mail?^—A. 
Yes, sir. 

Q. Who handed them in?—A. Democrats. Mr. Miller was one. 

Q. How many did he give in?—A. I don’t know. 

Q. How many were handed in ?—A. I didn’t count them; a few handed in. 

Q. Handed in without coming through the mails?—A. Yes, sir. 

Q. What became of them?—A. They was counted that evening, 3 or 4 o’clock. 

Q. You didn’t see the vote?^—A. No, sir. 

Cross-examination by Mr. Ckaig : 

Q. What were you?—A. Mr. Hall asked me to go down there and take down 
the names. They didn’t keep any names, and he would like to have the names 
of all the voters taken down. It was at his request. 

Redirect examination by Mr. Holton : 

Q. How long did you stay there ?—A. I was there all day. 

Q. Did they keep any poll book?—A. No, sir. 

Q. No poll book kept?—A. No, sir; nothing, only what I took down. I took 
it down myself. Mr. Hall told me to. 

Q. He was the Republican judge?—A. Y^es, sir. 

Recross examination by Gov. Bickett : 

Q. You say somebody handed in a vote?—A. They handed in envelopes. 

Q. With the votes in them?—A. Yes, sir. 

Q. Who?—A. Mi\ Miller handed in one. 

Q. Whom did he hand it to?—A. Mr. Ford. 

Q. Do you know whose vote it was?—A. No, sir. 

Q. Do you know whom it was voted for?—A. No, sir. 

Q. You don’t know anything about it?—A. I don’t know, only it was handed in. 

Q. Y’'ou don’t know anything about it, only the ballot was handed in?—A. I 
know it was handed in, because it was put in an envelope after it was handed in. 

Q. Anybody bring in a vote for this woman that you are talking about?—A. 
No, sir. 

Redirect examination by Mr. Holton : 

Q. What was put in the enveloi>e?—A. Mr. Dunn handed in one that was 
put in an envelope after it was handed in. He didn’t have an envelope. He 
just had a doctor’s certificate, and got a ticket and handed it in. 

Q. Whose vote was it?—A. Mrs. L. Dunn’s. 

Q. What sort of ticket was it?—A. Why, it was a Republican ticket, I think. 

Q. Was it voted?—A. Yes, sir; it was vote<l that evening. 

Re-recross examination by Gov. Bickett : 

Q. You say somebody handed in a vote for Mrs. Dunn?—A. Yes, sir. 

Q. Who?—A. Mr. Dunn. 

Q. And she voted the Republican ticket?—A. Yes, sir. 

Q. Why didn’t she go herself?—A. She wasn’t able to go. 

Q. Did she have a doctor’s certificate?—A. Y’'es, sir. 



CAMPiBEDL VS. DOUGHTOUsT. 


445 


Q. Did yon see it.?—A, Yes, sir. 

Q, And she voted the Republican ticket?—A. Yes, sir. 

in Republican votes to the registrar just like Demo- 
ciats?- A. That is the only vote I saw. 

Re-redirect examination by Mr. Holton : 

Q. Mrs. F. OweiLs—she didn’t get her ticket there?—A. No, sir. 

Q. They said it had to come thrmigh the mail? —A. Yes, sir. 

Q. How many do you think came in—just handed to—'that day*^—A I don’t 
know, sir; I didn’t handle them. 

You have some idea, haven’t you?—A. Yes, sir; 'there wasn’t, I don’t- 
think, all of them, I am certain they didn’t have- 

Q. Well, hoAV many?—A. I Just don’t know, sir. 

Q. You have some knowledge of how manv von saw?—A. No sir- I iust 
couldn’t say. ' * ^ , j . 


Mr. R. L. MOORK, a witness introduced by the contestant, being first dulv 
sworn, testified as follows: 

Direct examination by Mr. Holton: 

Q. Where do you live, Mr. Moore?—A. Mount Ulla. 

Q. Were you there on the day of election?—A. Yes, sir. 

Q. Did you see Classy Hobbs vote?—A, Yes, sir. 

Q. How did she vote?—A. I saw them put in a ticket for her. She didn't 
get out of the car. 

Q. Where was she?—A. Out in a car. 

Q. How far away?—A. Forty yards, I would say. 

Q. She didn’t get to the polls?—A. No, sir. 

Q. Who carried her ticket to the ballot box?—A. I don’t remember. 

Q. How did she vote?—A. Democratic ticket. 

Q. Do you know where she lived?—A. Her home is in Iredell County. 

Q. She didn’t live in INIount Ulla?—A. No, sir, 

Q. That is in Rowan County?—A. Yes, sir, 

Q. Do you know a man by the name of Saunders who voted there that day?— 
A. Yes, sir. 

Q. Do you know his name?—A. No; only Saunders. 

Q. What does he do?—A. He is a painter that goes about over the country 
painting—everywhere he can get painting to do. 

Q. Any family?—A. No, sir. 

Q. How did he vote?—A. Democratic ticket. 

Q. Did you see a picture there that day?—A. Yes, sir. 

Q. Tell all you know about it.—A. Well, the first time I saw it I was in the 
store—Mr. J. C. Sherrill’s store. Mr. Price Sherrill showed it to me, before 
election. 

Q. What was it doing there?—A. I don’t know. 

Q. Was it stuck up?—A. No. 

Q. What size picture was it?—A. Good big picture. 

Q. Was it framed?—A. No, sir. Mr. Harding’s picture in the middle and 
some darkies’ pictures outside of it. 

Q. When did the man show it to you?—A. It was a day or two before elec¬ 
tion. Not long before the election. Mr, Price Sherrill, the registrar, showed 
it to me. 

Q. What did he say ?—A. Said there was the man we was voting for; there 
was the man we was going to vote for. 

Q. Who was?—A. The Republicans. 

Q. He said, “ There is your man you are going to vote for ”?—A. Yes, sir. 

Q. Then did you see that picture on the day of election?—A. Yes, sir. . 

Q. Where was it?—A. The Turner boy brought it out near the ballot box and 
tacked it up. It didn’t stay up there many minutes. 

Q. Who tore it down?—A. Mr. Plowler. 

Q. Who is the Turner boy?—A. A clerk in the store. 

Q. Republican or Democrat?—A. Democrat; not old enought to vote, though. 

Q. Did it create any excitement on the day of election?—A. Some little ex¬ 
citement created when they knocked it down. 

Q What time of day was it?—A. About 2 o’clock in the evening. 

Q. How long had it been up?—A. Not but a few minutes. 



446 


CAMPBELL VS. DOUGHTON, 


Q. What kind of excitement?—A. Some laughing and some loud talk, and 
some of them' told him not to knock it down and some of them told him to 
knock it down. 

Q. Who told him not to knock it down ?—^A. I don’t remember ; some hollering 
to knock it down and some hollering not to knock it down. 

Cross-examination by Mr. Craig : 

Q. A little excitement created when they knocked it down?—A. Yes, sir. 

Q. Who knocked it down?—A. Gene Plowler. 

Q. The excitement was created by the Republicans?—A. No, sir; some of 
the Democrats hollering not to knock it down- 

Q. And the Republicans to knock it down?—A. Yes, sir. 

Q. And that created the excitement; there wasn’t any excitement until it 
was knocked down?—^A. Not much. 

Q. Did the picture make you change your vote?—A. Not a bit. 

Q. Can you recall anybody who did change his vote?—A. No, sir. 

Q. You told Mr. Price and several others you had a fair election?—A. I said 
a fair registration, as far as I knew. 

Q. You said everybody got a square deal at your box?—A. No, sir; I didn’t 
say that. I said that lady ought not to have voted. 

Q. Did you challenge her vote?—A. Yes, sir. 

Q. Right there?—A. Yes, sir. 

Q. Did you challenge any other vote?—A. Old man Saunders. 

ii. They are the only two you challenged?—A. That is all. 

Q. They are the only two votes that u^ere challenged?-^A. No, sir; they 
challenged the tirst man we put up. 

Q. You didn’t challenge any more?—A. No, sir. 

Q. This lady you say lives in Iredell County?—A. Yes, sir. 

Q. Don’t you know, as a matter of fact, that she lives in Rowan County?—A. 

I know what she told me. She was down there in Rowan a few weeks. They 
appointed me and one of the judges to go and ^e her and talk to her, and I 
went and got in the car and talked to her and asked how long she had been 
in Rowan County. She said she liad been at Mr. Dietz’s three weeks and Mr. 
Douglas’s three weeks, and came back to Mr. Dietz’s and had been there a 
week. I asked her Avhere her home was, and she said at her daughter’s. 

Q. She swore this was her place of residence?—A. I don’t know what she 
told him. She registered over at INIr. Douglas’s. 

Q. Who do you think knows more about her place of residence—you or 
her?—A. I know what she told me. 

Q. Do you know what she told the registrar?—A. No, sir. 

Q. Did she never get out of the car when she voted?—A. Yes, sir. 

Q. Walked up to the polls and voted?—A. Yes, sir. 

Q. You are sure of that?—A. Yes, sir. 

Redirect examination by Mr. Holton : 

Q. You say one challenge was made by the Democrats?—A. Yes, sir. 

Q. Who was that?—A. Mr. Sloop. 

Q. Did he vote?—A. No, sir. 

Q. What was the ground?—A. Not paying poll tax. 

Q. He hadn’t paid it?—A. No, sir. 

Q. Did you go on challenge day for challenges?—A. Yes, sir. 

Q. What did they tell you?—A. Said they wasn’t going to challenge anybody. 

Q. And then they challenged the first Republican that voted?—A. Mr. Sher¬ 
rill didn’t do the challenging. Mr. Gray challenged him. He was all the man 
that was challenged, and IMr. Sherrill didn’t challenge him. 

Recross-examination by IMr. Craig : 

Q. Tlie Democrats challenged one and the Republicans two?—A. Yes, sir. 

Q. That is all there was to it?—A. That is all. 

IMr. R. N. WEST, a witness introduced by the contestant, being first duly 
sworn, testifies as follows: 

Direct examination by Mr. Holton : 

Q. Where do you live?—A. Near Mount Ulla. 

Q. Were you connected with the election last November?—A. I was one of 
the judges. 

Q. And assisted in holding the election?—A. Yes, sir. 



CAMPBELL VS. DOUGHTON. 


447 


^ Q. Who were the other election officials?—A. John K. Goodman was the other 
judge and Mr. Price Sherrill was registrar. 

Q. They were Democrats?—A. Yes, sir. I was Republican judge. 

Q. How many absentee votes were cast there?—A. Seven or eight or ten 
Q. Do you know how they voted?—A. All Democrats. 

Q. Do you know where that Classy Hobbs lived?—A. I knew where thev 
said she lived. I am not personally acquainted with her. 

Q. What became of the envelopes and certificates of those absentee voters’— 
A. Mr. Sherrill kept that; the registrar. 

Q. They weren’t sealed up?—A. No, sir. 

Q. You didn’t challenge any of them?—A. No, sir. 


Mr. S. M. SLOOP, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Holton : 

Q. What precinct did you vote in?—A. Enochville precinct; Atwell Town¬ 
ship. 

Q. Were you connected with the election there?—A. Yes, sir. 

Q. What position did you hold?—A. One of the judges. 

Q. Which party did you represent?—A. Republican. 

Q. Who was the registrar?—A. Leroy Karriker. 

Q. Who was the other judge?—A. Overcash. 

Q. Did you vote any absentee votes there that day?—A. Yes, sir. 

Q. How many?—A. I reckon about eight or nine; something like that. 

Q. Republican or Democratic?—A. They was about half Republican, I 
reckon. 

Q. Did you observe when they were brought into the poll holders?—^A. Well, 
they opened the box at 3 o’clock to vote what was there, and we voted them, 
and about 4 o’clock there was three come in. 

. Q. What did you do with the three more?—A. Voted them. 

Q. How did they vote?—A. Democratic ticket. 

Q. Do you know the names of thqse voters?—A. Yes, sir. 

Q. Who were they?—A. James Parr and his wife. He was in bed sick. His 
wife wasn’t sick, but was waiting on him. 

Q. Did they have a doctor’s certificate about it?—A. I don’t know. 

Q. Did you see one?—A. No, sir. 

Q. Who was another?—A. John Fox’s wife was the third. 

Q. Wliat was the matter with her?—A. Not anything, only her son said— 
the registrar asked him why he didn’t bring her along, and he said the weather 
was so bad she didn’t want to come out. 

Q. He brought her ticket?—A. No, sir. 

Q. How did the ticket get there?—A. I couldn’t tell you that. I don’t know\ 

Q. Was that one of the three you spoke of?—A. Yes, sir. 

Q. Did it come through the mail?—A. No, sir. 

Q. Either one of them ?—^A.^ No, sir. 

Q. How many affidavits came in there direct from persons, without being 
mailed?—A. I don’t think there was anyone mailed. If there was, I didn’t find 
it out. 

Q. Wliere did the parties live who voted them?—A. There in the township. 

(i. Have .vou stated how those three votes were cast?—A. They voted Dem¬ 
ocratic. Those three—that was after 4 o’clock. 

Cross-examination by Gov. Ktckett : 

Q. Those tickets came in before the polls were closed?—A. Yes, sir. 

Q. Before sunset?—A. Y^es, sir. 

Q. Between 3 and 4 o’clock, you think?—A. It was not earlier than 4 
o’clock. 

Q. They were duly registered voters there?—A. Y^'es, sir. 

Q. Names on the book?—A. Yes, sir. 

Q. Residents of your town.ship or precinct?—A. Yes, sir. 

Q. You say you don’t know what accompanied the tickets?—A. No, sir. 

Q. You don’t know what certifientes came with them?—A. No, sir. 

Q. You just didn’t see any? That is all?—A. The registrar opened the 
tickets ami passed them to the T>cmocratic judge and he laid them down and 
I put them in the box. 

Q. You didn’t see, didn’t know, everything that was contained in the en¬ 
velopes when the registrar operuni them, did you?—A, No, sir. 


448 


C\4MPBELL VS. DOUGHTO^^-. 


Mr, JOHN A. LOFLIN, ;i witness introduced by the contestant, being first 
duly sworn, testified as follows: 

I^irect examination by IMr, Holton : 

Q. Where do yon live?—A. Franklin Township. 

Q. Yon are a voter in thfit i)recinct?—A. Yes, sir. 

Q. Were yon a voter at the election of November 2?—A. Yes, sir. 

Q. Did yon have a daughter, 39 years of age, that married?—A. Y>s, sir; I 
have got a daughter married. She married Mr. B. 

Q. What was his politics?—A. Democratic. 

Q. AVhen was she married?—A. March, 1917. 

Q. Did she get on the registration books?—A. She did. 

Q. Were yon present when she was registered?—A. No, sir. 

Q. When did yon first find it ont?—A. The evening after she registered. 

(}. What did yon do in consequence of that?—A. I asked her how come her 
to register, and she said the registrar came there and wanted her to register; 
wanted her to vote the Democratic ticket with her husband. I never had 
anything to say to the registrar at all until the day of election, I went to 
the polls and asked Mr. Hall to challenge her vote, because she was not but 
19 years old. 

Q, Did yon get back to the polls?—A. No, sir. I voted and went on. I 
asked them not to vote her, and I told her not to vote. She didn’t vote. Mr. 
Carr said Mr. Ford asked her her age, but she says that he didn’t. 

Q. She didn’t vote?—A. No, sir. 

Q. You didn’t know anything about—you weren’t present when she regis¬ 
tered?—A. No, sir; I have just got hei- statement. I went to her and told 
her not to present her vote; told her not to present her ticket and not go to the 
polls. 

Cross-examination by Gov. Bickett : 

Q, Do you know whether or not she went to the polls to vote?—A. No, sir, 

Q. She found put afterwards that a woman could be old enough to marry and 
not old enough to vote?—A. Why, yes, sir. 

Q. There is a general belief among women 'that when a woman is old enough 
to marry she is old enough to do anything?—A. I suppose so. 

Mr, E. H. BEAN, a witness introduced by the contestant, being first duly 
sworn, testifies as follows: 

Direct examination by Mr. Holton : 

Q. Where do you live, Mr. Bean?—A. Salisbury. 

Q. Where were you on the day of election?—A. Well, I was on the street and 
around the polls. 

Q. What ward did you vote in?—A. West ward. 

Q. Registered and voted there?—A. Yes, sir. 

Q. Well, now, I hand you a list of names. Will you proceed to call the names 
as they appear upon that list and state whether they are residents of that pre¬ 
cinct; whether they paid their poll taxes, if any, their ages, and how they 
voted?—A. J, S. Carriher. About 45; somewhere along there. No poll. Record 
shows he hasn’t paid any poll tax. 

Q. How did he vote?—A. Well, he is a Democrat. 

Gov. Bickett. The contestee objects to the testimony in regard to nonpayment 
of poll tax, on the ground that the witness is not an otficer and has no personal 
knowledge of whether a man has paid poll tax or not, and it is not his duty to 
keep any record ; and upon the further ground that we have made an examination 
into similar testimony of this kind offered yesterday and find that 75 per cent or 
more of it is incorrect. 

Mr. Craig. The contestee objects further and insists that this is all hearsay 
testimony; that either the record itself or a certified copy is the best evidence, 
and if the witness is going to testify to any of these matters the contestant should 
bring the original records here. 

Mr. Holton. The contestant objects to the statement of Gov. Bickett referring 
to what they have ascertained since yesterday. 

Q. What opportunity have you had of asceidaining whether these people have 
paid their poll tax ?—A. A copy of the record ; poll-tax paid record. 

Q. Here in the court now?—A. Yes, sir. 

Q. Is that name upon that record? 


CAMPBELL VS. DOUGHTON. 


449 


By ]Mr. Craig : 

Q. iSlr. Bean, in regard to tlie ages that yon are about to testify to—have you 
looked at the family Bible to get the ages?—A. No, sir. 

Q. Do you know the family reputation, or reputation in the family, as to the 
ages' of any of these men that you are about to testify to?—A. No, sir. 

]Mr. Craig. The coiitestee objects to the witness testifying as to the ages of 
any of these parties on the ground that he has not seen the family Bible or the 
proper record to show their age, and on the further ground that he has not been 
in the families of the various persons he is testifying about and does not know 
the family reputation as to their ages, and on the further ground that it is all 
hearsay testimony and incompetent on that ground, and the coiitestee asks that 
this objection be entered herein as to the age of any voter testified to by this 
witness. 

By INIr. Holton : 

Q. Now, take the first name and we will go along with it. What did you say 
about .1. S. Carriher? What about him? Did he vote?—A. He is on the poll 
book. 

i}. As having voted?—A. Yes, sir. ] 

Q. Have you got the poll book before you?—A. No, sir; I haven’t. ' 

Q. Have you got before you the certified list of the sheriff of the poll taxes 
pa.id prior to May 1, l‘.)20?—A. Yes, sir; I have. 

Q. The one heretofore introduced?—A. Yes, sir. 

Q. How long has that man been living in this precinct?—A. Six or more 
years. 

You say he is about 45 years of age?—A. Yes, sir. 

Q. Is his name upon the tax-paid list?—A. It is not. 

]\Ir. Craig. The coiitestee objects to this testimony of the witness on the 
ground that the tax-paid list is made up in three sections, and that the major 
has only looked at the first secion; that he has not looked, since he has been on 
the stand, at the other two sections. 

Q. Have you examined them all where his name is likely to appear?—A. The 
one this was taken from was taken from the clerk’s office. 

Mr. Craig. The coiitestee further objects on the ground that the witness has 
no right to testify as to the payment of poll tax as to the matter now being in¬ 
quired into, on the ground that he might have paid his poll tax in some other 
precinct. 

Q. Examine now the poll book. Do you know what they are?—A. Registra¬ 
tion book and poll book. 

Mr. Craig. Contestee objects further to the witness testifying as to what 
those books are, on the ground that he is not the custodian of the books or rec¬ 
ords. So far as he knows, they might be books of years ago. 

Gov. Bickett. I would like the witness, when he reads each name, to state 
whether he was a soldier or sailor. 

Mr. M. L. BARKER, recalled, testified as follows: 

Direct examination by Mr. Holton : 

Q. You are the register of deeds?—A. Yes, sir. 

Q. I hand you now book purporting to be the poll book for the west ward. 
State whether or not that is the poll book for the west ward for the last Novem¬ 
ber election?—A. Yes, sir. 

Q. Is that in your custody?—A. Yes, sir. 

Q. On file in the register of deeds office?—A. Yes, sir. 

Q. You have the registration book for that ward. Can you produce that?—A. 
Yes, sir; they are here; there are two. The entries of voters for 1920 are on two 
books. I brought both books. 

Q. That contains the registration of 1920?—A. Yes, sir. ' 

/ 

Mr. E. H. BEAN, recalled, testified as follows: 

Direct examination by Mr. Holton : 

Q. What did you say about that first name?—A. J. S. Carriher? 

Yes.—A. Neighborhood of 45. No poll tax charged up to him on the' 
record. 

Q. Have you examined the poll list?—A. I examined this. 

Q. Is that all there is?—A. The final record, in the clerk’s office. 

57695—21-29 



450 


CAMPBELL VS. DOUGHTON. 


Q. Have you examined all there is in that packet?—A. Yes, sir. 

Q. Have you examined the poll book?—A. I checked over a copy of the poll 
book. 

Q. That is the poll hook [indicating]. Do you find his name on that?—A. 
“ James S. Carriher ; 41; Chestnut Hill.” 

Mr. Ckaig. Counsel for contestant having examined the poll hook in place 
of the witness, the contestee objects to the answer made as to the age of the 
alleged voter. 

Q. I now ask you to examine the registration hook and see whether you find 
his name upon the registration hook, and if so, read the entry upon that 
book?—A. “J. S. Carriher, white; age, 41; Chestnut Hill. Date of registra¬ 
tion, ]\Iay 24, 1910.” 

Q. Do you find his name upon the poll hook, where he voted? 

Mr. Ckaig. The witness having answered as to the age of .T. S. Carriher by 
reading from the registration book, and having failed to read the entire record 
as to this elector, on account of having read his residence and the date of the 
registration, and given his age, and not having given the date of registration, 
1910, as shown by the registration book, the contestee objects to the answer 
given l)y the witness. * 

Mr. Holton. The contestant objects to the objection, and the statement that 
it is not shown upon the registration hook, because it is shown upon the regis¬ 
tration book. 

Mr. Craig. The contestee objects further on the ground that the record read 
from in the registration book would make the elector now 51 years old. The 
contestee insists that in reading the record of the registration book as to the 
age, place of residence, and date of registration of the alleged electors, that the 
witness be compelled to introduce the entire records shown on the registration 
book and not parts thereof. 

Q, Take the next name.—A. R. IM. Fisher. 

(k Wliat about lum? Did he vote?—A. According to the record that was 
kept there, he voted. 

Q. Voted in the last election. How did he vote?—A. Why, he is a Demo¬ 
crat, 

(>. How old was he? 

Mr. Craig. Contestee objects to this witness testifying as to how the alleged 
el.^ctor voted, on the grounds that the witness has stated that he was not an 
election official, and on the further ground that the witness was not present 
at the time the alleged elector cast his ballot, and he therefore does not 
know, and did not have any opportunity, and can not know just how the elector 
voted; and on the further ground that said testimony on the part of this 
witness is hearsay testimony and incompetent. 

Q. Go ahead now. How old was he?—A. In the neighborhood of 30, or there¬ 
abouts. I have known the boy since he was a young fellow. 

Q. Did he pay liis poll tax for the year 1919?—A. Not according to this list. 

Q. It doesn’t appear upon the tax paid list?—A. No, sir. 

Q. Where did he live in the year 1919?—A. I think he lives in the north ward. 
That is where I heard of him last. He voted in the west. 

(>. Reeii living in the city?—A. Oh, yes. 

Q. Take the next one now.—A. K. L. Cress and L. B. Cress. They are young 
men, in the neighborhood of 25. 

Q. Where did they vote?—A. They voted here in the west ward. 

Q. Did they make any returns for 1919?—A. Yes, sir. No poll tax credited 
to them. 

Q. What is their politics?—A. They voted the Democratic ticket. 

iMr. Craig. The contestee moves to strike out the testimony of the witness 
as to the age of R. M. Fisher on the ground that the registration book shows 
his age to have been G3 when he registered in 1920. 

Mr. Holton. The contestant, through his attorney, objects to the attorney 
for the contestee interjecting and loading the record with evidence pertaining 
to the side of the contestee, as he has yet his 40 days coming. 

A. (Continued:) The man I am speaking of is a young painter; known him 
for years. 

Mr. Craig, The contestee objects to the testimony on the ground that the 
witness has not shown that he was present at the time the alleged voter voted 
and has no means of knowing whether it was a young painter or a man 63 
old, as shown on the registration books. 


CAMPBELL VS. DOUGHTON. 


451 


Q. Go ahead to the next one?—A. E. W. Fetzer. 

Q. Where does he live?—A. He hasn’t lived here in some years. 

Q. How long since he lived here?—A. Six or eight years, or maybe more 
than that. 

Q. What age man is he?—A. Forty or more; something like that; about my 
age. 

Q. How did he vote?—A. He was a Democrat as long as I knew him. 

Q. Where did he go ?—A. Baltimore is the last- 

Mr. Ceaig. Contestee objects to the answer of the witness where he states 
that the alleged elector is a Democrat, because he has no knowledge of his own 
as to what ticket he voted, was not present when said ticket was voted, does 
not know whether or not he voted for Mr. Doughton; and his own testimony 
shows he was not present at the time and was not an election official and 
knows nothing about it and therefore has no means of knowing what this man 
voted. Contestee insists that this is hearsay testimony and objects to it. 

Mr. Adams. (Reading from registration book:) “ E. W. Fisher; age 30 v 
South Main Street.” 

By Mr. Holton : 

Q. Go to the next one.—A. B. F. Williams; probably 35 or more years of 
age. E. W. Fisher has no poll. 

Q. Has he paid his poll tax?—^A. No, sir.. 

Q. How long has he lived in the precinct?—A. Well, if he is here, it is 
not but a few months, for he lived in the Granite Quarry precinct last fall. 

Q. Do you know his politics?—A. Democratic. 

Q. You didn’t see him vote?—A. No, sir; I didn’t see him vote. 

Mr. Craig. Contestee objects to the answer and moves to strike out, on the 
ground that the witness himself states that he doesn’t know how he voted; that 
he didn’t see him vote. 

Mr. Holton. I will ask the commissioner to rule upon that, and rule that 
counsel for contestee can not take three-fourths of this record with his 
objections. 

Gov. Bickett. I think it would be well to enter that objection and have it 
understood that it applies to every question asked this witness. That objec¬ 
tion is to be understood as being made to every question asked this witness^ 
and every answer made by him. 

Mr. Holton. We are trying to expedite this work. 

Mr. Adams. The contestant, through his counsel, asks that the motion of 
counsel for contestee above made be denied. 

Mr. Holton. Counsel for contestant agrees that the objections made above 
apply to each question asked this witness and the answer thereto made by him. 

Q. Go ahead.—A. R. B. English; Mrs. R. B. English. 

Q. What about him ?—A. Miss Bessie English. Had not been in the precinct 
four months. Came from Landis, this county. 

Q. Been down there before?—A. Yes, sir; came some time last fall. 

Q. Within four months of the election?—A. Yes, sir. 

Q. What are their politics?—A. Democratic. 

Q. Did they vote?—A. They are on the poll book. 

Q. Take the next one.—A. B. T. Mitchell. 

Q. What about him?—A. No poll. 

Q. Does he live in this precinct?—A. Yes, sir. About 26 years old; 24 or 26. 
No poll tax recorded. 

Q. What is his politics?—A. Democratic. 

Q. Did he vote?—A. Yes, sir; he is on the poll book. 

Q. Go ahead.—A. P. D. Clarke. ^ „ 

Q. What about him?—^A. No poll, and he has been a resident of Iredell 

County 14 or 16 months. 

Q. Moved away from here?—A. Yes, sir. 

Q. How did he vote?—A. He is a Democrat. 

Q. What is his age?—A. 26 to 30. . ^ 

Q Is he on the paid poll-tax list?—A. Yes, sir, but he hasn’t been here. 

Q* Go ahead.—A. J. A. Seaber and G. H. Rupp. No poll recorded. Not 
residents of the State two years. Came from South Carolina. 

Q. What are their politics?—A. They are Democi-ats. 

Q. Go ahead.—A. W. H. Crawford, no poll paid; Democrat; name on poll 
book F W Fuller, no poll paiil; on the poll book; Democrat; 26 to 30. J. M. 
Gupton, no poll paid; probably 30 to 35; Democrat; voted; on the poll book. 
C. A. Peck. 



452 


CAMPBELL VS. DOUGHTON. 


Q. What about him?—A. No poll paid; on poll book; Democrat; probably 
about 24 to 26. 

Q. How long has be lived in that precinct?—A. I think lie was born there. 

Q. All these been living in the precinct?—A. Oh, yes; all these are there. 
Hermann Butler. 

Q. How long has he lived in the precinct?—A. 1 think he was born there. 
Been there since a child, anyway; no poll jiaid ; taxes not listed; Democrat; 
probably 23, 24. AV. L. INIiller, probably 80 yejirs old; no poll paid; Democrat; 
on the poll book. C. A. Hughes, 23 or 24 ; no poll paid ; on the poll book ; Demo¬ 
crat. I. T. Burney, no poll paid; taxes not listed ; probably 35, maybe older. 
Ollie T. Reagan, no poll paid; on the i)oll book; Democrat; about 24 or 25. 
Raymond Cansuis, no poll; 23 or 24; Democrat; on the poll book. E. L, Hardin, 
no poll; on the poll book; Democrat; probably 23 or 24 years old, maybe older. 
J. It. C. Allen, no poll i)aid; not listed; over 30; on the poll book; Democrat. 
Otis (xallimore, no poll; on the poll book; about 25; Democrat. Brice P. Beard, 
no poll; on the poll book; about 23 oi* 24; Democrat. P. E. Lewis, no poll paid ; 
on the poll book; Democrat; about 47 or 48. D. E. Daniel, no poll paid; on the 
poll book; Democrat; 24 or 25. C. S. Gore, no poll; not listed for taxes; on 
poll book; Democrat; probably 25 or more. AA\ A. Gore, no poll paid; on poll 
book; Democrat; neighborhood of 30. S. H. McCubbins, no poll tax ; on the 
poll book; probably 26; Democrat. H. S. Cutherell, no poll ; on the poll book; 
Democrat; about 25 or 26. .T. F. Hartmann, no poll; on the poll book; about 

23 or 24; Democrat. .John B. IMerrill, no poll; probably 25 or more; Democrat. 
J. A. Ryan, no poll; on the poll book ; about 24 ; Democrat. Harry Gore, no poll; 
on the poll book; Democrat; probabl.V between 23 and 28. E. G. AAhilton, no poll; 
on the poll book; neighborhood of 40, 35 or 40; Democrat. J. T. Delamar, no 
poll tax ; on the poll book; 25 to 80; Democrat. Harry F. Ryan, no poll tax; on 
the poll book; about 25 or 26; Democrat. AA". A. Powell- 

Q. You mean, when you .say “no poll,” that there was no poll tax paid?—A. 
That is what I mean. AA". A. Powell, no poll tax paid; came here last Decem¬ 
ber, December, 1919, from Alrginia ; Democrat; about 25 to 30. 

Q. AA'hen you say “ on the poll book,” you mean-A. First, I say, “ no poll,” 

and then “ on the poll book,” and by that I mean having voted. .T. P. Spencer, 
no poll tax paid; about 25 or 26; on the poll book as having voted; Democrat. 
Alfred Buerbaum, no poll tax i)aid ; .somewhere in the neighborhood of 25; on 
the poll book as having voted; Democrat. Here is the list of absentees. 

Q. Tell what you know about them.—A. Bishop L. Leonard, no poll tax paid; 
Democrat. I guess he voted in person; he is not one of those. 

Q. AAdiat age?—A. Probably 23 or 24. Maybe older. (’. .1. Rabe, no poll tax 
paid ; on the poll book; under 30. 

Q. AA'hat is his politics?—A. Democratic. AA’. C. Gorman, no poll tax; on the 
poll book; about 25; Democrat. S. A. Blackman, no poll tax; on the poll book; 
Democrat; about 25, somewhere along there; resides in New York City. 

Q. How long has he been away from here?—A. Hardly lived here for years. 
Been in New York City about two or three years regularly. 

Q. AAdiere was he before he went there?—A. AVell, he has been around the 
country, different places; Atlanta, Richmond. 

Q. AYhat age is he?—A. He may be older than 25. Paid no poll tax, on the 
poll book, and a Democrat. 

Q. How did he vote—absentee?—A. Y"es, sir; got him marked ab.sentee here. 
S. H. AATley, on the poll book; no poll tax paid; probably 35 or 38 years old; 
been in Spain for the last two years. 

Q. AAdiat is he doing there?—A. He is consul at Barcelona. He is a Demo¬ 
crat. C. S. Denny, no poll tax paid; on the poll book; he was a Democrat when 
he was here; hasn’t resided here for four, or five, or six years; be over 30, I 
expect. 

Q. AA’here is he now?—A. I don’t know. Got mixed up with the Y. M. C. A. 
Been away four, or five, or six years; about the beginning of the war. C. S. 
Snellings—Mr. Snellings is over 50. He left here in August, 1919, and went 
to Virginia to reside. 

Q. AVith his family?—A. Yes, sir. He is an engineer. The railroad pen¬ 
sioned him on account of infirmity, and he went to Virginia to reside. He is a 
Democrat. R. D. Eames, no poll tax paid; on the poll book; slightly under 
30; Democrat; nonresident; has not been here in some years. 

Q. Where is he now?—A. I don’t know. AA'ent to Montgomery County, and 
then went to Chicago. 



CAMPBELL VS. DOUGHTON. 


453 


Q. Has he a family?—A. One has. I don’t know which one. Democrat. 
Philip Eames, no poll tax paid; on the poll book; under 30, or about 30; Demo¬ 
crat ; nonresident. 

Q. How long has he been away ?—A. One, six or eight; and one, three or four 
years. In Chicago. A. B. Carter, no poll paid; Carter is about 45 years old. 

Q. On the poll book?—A. On the poll book. He was a Democrat when he 
was here, but he hasn’t been here in 15 years. 

Q. Where is his home?—A. He is a big cotton manufacturer. Used to be one 
of the bosses in the cotton mill in Greenville, S. C. R. L. Ramsey, jr.; no poll 
paid; on the poll book; neighborhood of 25; taxes not listed; Democrat. F. E. 
Buerbaum, no poll; between 25 and 30. 

Q. Where is he now?—A. Here. On the poll book. Democrat. J. F. Cathey; 
no poll; on the poll book; between 25 and 30. J. A. McKenzie, no poll; on the 
poll book; over 25, maybe 30; Democrat; taxes not listed. W. H. Hambley, 
no poll paid; nonresident; been in Ohio several years—or Indiana, I don’t know 
which; on the poll book; Democrat. James Hambley, no poll paid; on the poll 
book; Democrat; about 25, or somewhere along there; nonresident; lives in the 
North; has not been here for years; he is not on the tax book; he never has 
listed taxes here—neither one of these two Hambley boys. A. M. Frazier, no 
poll paid; on the poll book; Democrat; taxes not listed ; between 35 and 40— 
about 35; been living in South Carolina until a few weeks previous to the 
election. His name is also on the west ward book as having voted. 

Q. Did he vote in person or by absentee?—A. I don’t know. W. H. Hardin, 
jr., no poll book paid; between 25 and 30; on the poll book; Democrat; went 
to Virginia several months before the election. Wiley Pickens, no poll paid; 
on the poll book; neighborhood of 25, maybe slightly less; Democrat. Preston 
Buford, no poll paid, on the poll book; under 30; Democrat. That is all I have 
here. That is all on the book. 

Q. Well, Major, what is your business?—A. I am an attorney. 

Q. What is your age?—A. Forty-seven. 

Q. What opportunity have you had to become acquainted with these several 
gentlemen you have named?—A. Well, I have been living here all my life. I 
only took those I knew. A hundred or so yet that couldn’t be located. These 
are people that I knew. 

Q. These are personally known to you?—A. Yes, sir. 

Q. Were these i>ersons whom you have called out here, were they residing in 
the county at the time of giving in taxes in May, 1919, where you have not 
otherwise designated? Were they liable for poll tax to be paid in this county?— 
A. A good portion of these were not. 

Q. Were they lial)le for poll?—A. No, sir. 

Q. Where you have not otherwise designated?—A. Yes, sir. 

Q. Where you have not pointed out as being away from here?—A. Yes, sir. 

I think I pointed out every one. 

Q. Those you did not point out as being away were liable for poll?—A. Yes, 


sir. . ^ 

Q. Have you had any opportunity recently to investigate the payment of 

poll taxes in this county; and if so, in what way, in connection with county 
affairs?—A. They were checking up last fall those that hadn’t paid their poll 
tax, and a lot of warrants were issued. 

Q. After the election?—A. Yes, sir. ^ 

Q. Did you have anything to do with the assessment of property in the 

county ?—A. Yes, sir; last year. 

Q. What was that?—A. I was one of the appraisers. 

Q. Under the new assessment?—A. Yes, sir. 

Q. You are one of the appraisers?—A. Yes, sir. 

Q Under the revaluation act? Is that what you mean?—A. Yes, sir. 

Q. That was for the whole county?—A. Yes, sir. 

Q Have you got any other information in connection with this case that you 
can give?—A. Just what kind? 

O Anvthim" that bears upon the qualification of any voters.—A. Gne 
thlL-thev iTave been very slack. I believe tbe State of North Carolina is 
losiiiK .$20,000 to $30,000 every year. To make up this list here we took from 
the poll books 1(K) or more In each ward. Lots of people couldn t he located. 
' Q.^Can you point them out?—A. I guess if I had those lists I could show 


them. 



454 


CAMPBELL VS. DOUGHTON. 


Cross-examination by Mr. Craig: 

Q. Mr. Bean, they call you “Major” around here a good deal?—A. Yes, sir. 

Q. You have never been in the Army or Navy?—^A. No, sir. 

Q. That is just kind of a nickname they have given you. In giving your 
testimony in regard to ages and party affiliations and the residence of these 
various parties, I notice you read from some typewritten sheets.—^A. That is 
just names. I gave those offhand. I just checked the poll. 

Q. Weren't you reading names from those copies?—A. This is a list I checked 
the poll from, and the other things I gave- 

Q. Those are typewritten sheets, aren’t they?—A. Yes, sir. 

Q. Who made up those sheets?—^A. I made up the poll tax sheet. 

Q. Did you write those off on the typewriter?—A. No, sir. 

Q. You are not a typewriter?—A. No, sir. 

Q. You didn’t do this typewriting?—A. No, sir. 

All this testimony you have been giving here is taken from these sheets?— 
A. As to the poll. 

Q. You sat here and read to the stenographer from these typewritten pages?— 
A. Certainly. 

Q. Who made these typewritten sheets?—A. Some lady. 

■ Q. Do you know who she is? Would you mind my looking at this a minute? 
Do you know who the lady is that did this typewriting?—A. One of them was 
Miss Roseman. 

Q. Did Miss Roseman write all of them?—A. I don’t think so. 

Q. Who wrote the others?—A. I don’t know. 

Q. Where did they come from?—A. Came from me. 

Q. You didn’t write them? You didn’t do any of that typewriting?—A. No, 

Q. Do you know what stenographer wrote it for you?—A. No stenographer. 

I wrote it in longhand myself. 

Q. Did you typewrite it?—A. I did not. ]\liss Roseman wrote some of it. 

Q. Who wrote the other?—A. I don’t know. 

Q. Who gave these typewritten sheets to you?—A. They were sent in here 
from Miss Roseman. Somebody else handed them to me. 

Q. Who handed them to you?—A. I don’t know. I believe Mr. Dorsett 
brought me some, and I believe—I just checked the polls and gave vdiat I 
knew. 

Q. Could you testify to what you have been testifying without the aid of 
these typewritten sheets?—A. You could give most of them. 

Q. I notice one W. H. Hambley. You have got him marked absentee. Was 
he an absentee?—A. That is for somebody else. 

Q. Did you testify about him a few minutes ago?—A. I testified about him 
not being a resident. 

Q. Do you know his mother lives here?—A. Certainly.i 

Q. Do you know he has been living here all his life?—A. No. ■ 

Q. You know he has been in the Army?—A. No. I know he has not been 
here for some time. 

Q. You didn’t know he was here last month?—A. No. 

Q. You are testifying offhand about it?—A. If he had stayed here any length 
of time I would be likely to see him—and being a little kin. 

Q. He has been living here all his life. Have you ever been in his house?— 
A. Yes, sir; when Mr. Hambley was living. The boys were kids. I was with 
Mr. Hambley. 

Q. Do you know Mr. W. H. Hambley’s mother?—A. Oh, yes. 

Q. You have not been in her house?—A. I don’t know that she has been 
there since- 

Q. Has she been in your house the last 10 or 15 years?—A. Oh, yes. 

Q. How often?—A. I don’t know. 

Q. When was the last time you saw this boy’s mother?—A. A few weeks ago. 

Q. Whereabouts?—A. At the store. 

Q. Does she go to your house?—A. No; not since I have married and taken 
over the home place. 

Q. Has she been in your house in six months?—A. No. 

Q. Or a year?—A. She has not been there since mother died—five years ago. 

Q. So the fact that this boy is some kin to you would not necessarily make 
you know whether he was in town or not?—A. No. 

Q. And you state that you didn’t know that this boy was here two months 
ago and spent three months’ vacation?—A. No. 




CAMPBELL VS. DOUGHTON. 455 

Q. Anti you state that you didn’t know he was in the Army?—A. No; I 
didn’t know he was in the Army. 

Q. Do you know W. H. Hambley, that you testified as being a nonresident 
and not having paid his poll tax; did you know he was in the United States 
Flying Corps?-—A. No, sir; I never heard of him being there. 

Q. You didn’t know that. Well, you are testifying; supposed to be under 
oath.—A. I am testifying to the fact that he has not been living here. 

Q. You don’t want to testify to anything that is not so?—A. Certainly not. 

Q. Do you know this boy was in the Aviation Service?—A. No. 

Q. Don’t you know Dr. .Tames Hambley was in the aviation branch of the 
service?—A. No. 

Q. And has been in the Army ever since the war first broke out?—A. No. 
I knew he wasn’t here. 

Q. Didn’t you know James Hambley was the first man ^ that enlisted from 
North Carolina and joined the Aviation Corps?—A. I did not. 

Q. Although you say you are some kin?—A. Yes; a little. 

Q. Did you know he was recommended by the French Government for his 
services in France?—A. I did not. 

Q. You never heard that?—A. No. I read the papers pretty carefully. 

Q. Although you say you are some kin? Don’t you know James Hambley was 
given a medal by the French Government for his services in the Aviation 
Corps in France?—A. No, sir. 

Q. Although you say you are some kin to him?—A. Yes, sir. 

Q. And you say their mother lives here?—A. Here most of the time; in 
Lexington a good deal. 

Q. What else did you testify to about James Hambley?—A. Just the fact 
that he wasn’t living here. 

Q. Will you swear he didn’t pay his poll tax?—A. According to this list. 

Q. Will you swear he was not in the Aviation Corps?—A. Oh, no. 

Q. And you won’t swear he was?—A. No. 

Q. When he came back here with his uniform, and spent a month, while he 
was in the Army, did he go to see you?—A. No. I never had much to do with 
the boy since- 

Q. Don’t you remember seeing him here Christmas, a year ago, when the 
whole town was going wild about him, and inviting him out, and congratulating 
him?—-A. No. 

Q. You don’t go uptown much in the daytime?—A. Uptown all the time. 

Q. You have testified here about J. A. McKenzie?—A. Yes, sir. 

Q. As not having paid his poll tax?—A. Yes, sir. 

Q. You know he was in the Army?—A. I don’t know whether he was in the 
Army or not. I never knew he was in the Army. 

Q. You don’t know as much about this place as you told Mr. Holton you 
knew?—A. I never told him I knew anything. 

Q. It turns out you are not so well acquainted with these people as you 
thought you were?—A. I know J. A. Mclvenzie. He is my neighbor, and I 
never heard of him being in the Army. 

Q. That is Julius. Did you ever hear James was?—A. Oh, yes. 

Q. You knew that James IMcKenzie was in the Army?—A. Yes, sir. 

Q. And served during the war?—A. Yes, sir. 

Do you know J. S. Carriher, or were you testifying from this record as 
to him?—A. I am testifying, not from that record, but from what I know. 
His father is next-door neighbor to me. 

Q. He was in the Army?—A. He has been over on a farm in Mecklenburg 
County for the last year or' so. 

Q. Don’t you know he was in a munition plant all during the war?—A. He 
might have been up there working. 

Q. And you don’t know it? There might be a whole lot more mistakes in this 
typewritten copy.—A. I am certain of everything I have testified to. 

Q. If this lady wrote the name W. H. Hambley, and wrote under it “ absentee,” 
were you present when she wrote that? A. No, sir. 

Q. When she wrote “ no poll ”—did you dictate that?—A. No, sir. 

Q. How did she find that out?—A. I wrote the name down, for my part, and it 

has been added to. . 

Q. And you testified to what somebody else wrote on here?—A. I testified to 

what I know. 

Q. You didn’t see her write that on there?—A. No. 



456 


CAMPBELL VS. DOUGHTON. 


Q. You didn’t look at those things awhile ago, did you? You checked them 
oft' and read from this, did you not?—A. Just got the names. Just checked them 
off. 

Q. Just call them oft" in your head—.lust to test you?—A. I don’t deny-- 

Q. I ask you to call off the names you called off to the stenographer.—A. I was 
looking at the names, of course. But I never looked at every item. 

Q. If you were looking at the names, were you not looking at what is marked 
out here?—A. I didn’t all the time. ' 

Q. You didn’t look at all?—A. Yes; some. 

Q. F. E. Buerhaum—is he married?—A. Not that I know of. 

Q. His father lives here?—A. Yes, sir. 

Q. His mother?—A. Yes, sir. 

Q. He has got a right to vote here?—A. Yes, sir. 

Q. Did he vote here?—A. His name is on the poll book. 

Q. Do you know whom he voted for?—A. I suppose he is a Democrat. 

Q. Do you know?—A. I think he is. 

Q. Do you know whom he voted for?—A. No. He is a Democrat. 

Q. Do you know whom E. Buerhaum voted for?—A. I know this much—his 
family is Democratic. I know his father is a Democrat. 

Q. Did F. E. Buerbaum vote for Mr. Doughton for Congress?—A. I don’t 
know. 

Q. Esther Strange?—A. I didn’t testify about her. 

Q. Do you know her?—A. Yes, sir. 

Q. Know her father?—A. Oh, yes. 

Q. You know they live here?—A. Yes, sir. 

Q. You know she has got a right to vote here if she did vote?—A. I see her 
back here now. 

Q. Her father and mother have been living here all the time?—A. I passed 
that over. 

Q. Has she left this place for good?—A. I don’t know. 

Q. Did you testify about R. L. Ramsey, jr.?—A. Yes, sir. 

Q. He lives here?—A. In Boston. 

Q. His father lives here?—A. Yes, sir. 

Q. Do you know whom he voted for?—A. No. 

Q. Answer this question “ yes ” or “ no ”; did R. L. Ramsey vote for Mr. 
Doughton for Congress?—A. I don’t know. 

Q. Will you answer “ yes ” or “ no ” as to whether he voted any Democratic 
ticket or not?—A. I don’t know. 

Q. Here is the name of Philip Eames. Do you know him?—A. I do. 

Q. Got him marked absentee?—A. I told you that was the record there. I ■ 
can tell you what I testified about each one. 

Q. I will ask you to answer the question “ yes ’’ or “ no.”—A. I testified as to 
my general knowledge of politics of the family and person. 

Q. Answer the question “ yes ” or “ no ” as to whether he voted for Mr. 
Doughton for Congress?—A. I don’t know. 

(>. You testified about C. S. Denney?—A. Yes, sir. 

Q. What did you testify about him?—A. He left here some time after the 
beginning of the war. He was connected with the Y. M. C. A. 

Q. Did he vote?—A. He voted on the poll book. 

Q. Democratic ticket?—^A. I don’t know. 

Q. Did he vote for Mr. Doughton for Congress?—A. He was a Democrat when 
he was here. 

Q. Did he vote the Democratic ticket on the 2d of*last November?—A. I don’t 
know. 

Q. Did he vote for Mr. Doughton for Congress?—A. I don’t know. 

Q. Do you know whether or not he was in the Army?—A. I don’t know 
about that. He left here to go into Y. M. C. A. work. 

Q. I would like to refresh your memory. Don’t you remember that IMr. Denney 
worked for the Public Service Co. here and went off as soon as war was de¬ 
clared, and went to camp down in the eastern part of the State, at Wilmington? 
Don’t you remember that?—A. He may have gone there, but he was talking 
about going in this boys’ work l)ef()re he went. 

Q. He joined the Roman Rifies. He was top sergeant in the Roman Rifles?— 
A. He was in it and he wanted to take up boys’ work. 

Q. Do you remember that part of it?—A. Yes, sir. 

Q. Who is S. H. Wiley?—A. Young Sam Wiley. 

(}. His mother lives here?—A. She is with him in Spain, I think. 



CAMPBELL VS. DOUGHTON. 


457 


Q. He lias been here all his life, hasn’t he?—A. Not niiich since he was 21, 

Q. He is now consul, isn’t he?—A, Consul at Barcelona. 

Q. Do you know whether or not he voted 5i straijtht Democratic ticket?—A. 
His name is on the poll book. I suppose he voted Democratic. 

(). Did all the names on the poll book vote Democratic?—A, Those that I 
named, I think they would; all Democrats. 

Q. Do you know every name on the poll book that voted the Democratic 
ticket?—A. No. I am not infallible. 


Q. I>o you know whether or not he voted for Mr. Dous’hton for Congress on 
the 2d day of last November?—A. No; I don’t. 

Q. S. A. Blackman?—A. Sidney. 

Q. State whether or not he voted a straight Democratic ticket last Novem¬ 
ber?—A. I sbould say he would. He is a Democrat; whole family are. 

Q. Don’t you know he has been away from here for several years?—A. Yes, 
sir. 

Q. Don’t you know he left here before he started to vote and is not living with 
his father? Why would you say he would naturally vote the Democratic ticket? 
He is not living with his family. Would he not naturally vote the Republican 
ticket up there with Republicans? Don’t you think it would be just as natural 
to vote with them as with his father?—A. I would not think so. 

Q. Is that the way you arrive at all the conclusions that you have given us 
this evening?—A. No, sir. 

Q. Do you remember when Sidney Blacman left here and went to Camp Jack- 
son when war first broke out?—A. Yes, sir; I believe Sidney was the first officer 
appointed. In charge of a squad. 

Q. In the war?—A. He was for a while. I don’t think he stayed very long, 

Q. State whether or not he voted the Democratic ticket.—A. I don’t know. 
Democratic family. 

Q. And he is working for a Republican man in New York. Is that the way 
you arrive at your conclusions as to the politics of the men about whom you 
have testified?—A. No, sir- 

Q. You don’t know how he voted?—A. I am telling my belief. 

Q. You don’t know it?—A, No; just telling my belief. 

Q. Answer the question “ yes ” or “ no ” if you can: Did he vote for Mr. 
Doughton for Congress?—A, I don’t know that he did. 

Q. W. C. Gorman?—A. Car.son. 

Q. His father and mother live here?—A. Yes, sir, 

Q. You remember, IMajor, that he left here and went in the Army?—A. I didn’t 
know about that. 

Q. In what was called the Forestry Division. He was drafted in the Army?— 
didn’t know he was. I knew he was in Alabama for several years. 

You heard he was in the Army?—A. I don’t know that I did. 

You don’t know whether he was in the war or not?—A. I never heard of 
him being in the war. * 

Q. How is it you know so much more about politics than you do about the 
war?—A. I don’t know that I know much about politics. 

Q. Were you interested in the war when it was going on?—A. They worked 
me overtime. I had charge of the “ work or fight ” business in seven counties. 

Q. You didn’t fight?—A. No; they would not take me. Then they put me in 
charge of the “ work or fight ” husiness—home service; and in the Red Cross. 

Q. Don’t you think you ought to know a little more 
were so interested in the war? Where do you think 
had gone to work. 

Q. You never heard they were in the Army?—A. No, 

Q. Haven’t you heard that Carson Gorman was in 
never heard it. 

Q. Did you .see him vote?—A. I did not. 

Q. Did you see his ticket?—A. I did not. 

Q. Did lie vote a straight Democratic ticket last November?—A 
but I suppose he would. 

Q, Do you know?—A. No. ^ ^ . 

Do you know whether or not he voted for Doughton for Congress?—A. 

C. .1. Rabe. Do you know him?—A. Yes, sir. 

Did you know he was in the Army?—A. No, sir. He is Mr. Rabe s son. 

You don’t know anything about him. Don’t you know he worked in 
shipyards?—A. I don’t consider that in the Army. 

You were interested in the Red Cross?—A. Yes, sir. 


A. I 
Q. 
Q. 


about these boys if you 
thev were?—A. Several 


sir 

the 


; I didn’t. 
Army?—A, No, 


sir 


Q. 

Q. 

Q. 

Q. 


I don’t know. 


No. 


the 


Q. 



458 


CAMPBELL VS. DOUGHTON. 


Q. Wasn’t it your business to keep up with the boys in the Army?—A. They 
got out of here mighty quick and went to wmrk. Plenty of them, 

Q. Were you present when Mr. Rabe voted?—A. I was not, 

Q. You didn’t see him vote?—A. I did not. 

Q. Did he vote a straight Democratic ticket?—A. I don’t know. 

Q. Did he vote for ]Mr. Doughton for Congress?—A. I don’t know. 

Q. Who is Bishop Leonard?—A. - Leonard’s son. 

Q. Was he in the Army?—A. I didn’t testify lie was in the Army. I testified 
to his poll. 

i}. You don't know about him?—A, I testified to his poll. 

(}. Did he vote the Democratic ticket, to your knowledge?—A, I don’t know. 

Q. Did he vote for Mr. Doughton for Congress?—A. I don’t know. 

Q. Isn't his father a Republican?—A. I never heard of it. 

Q. Do you know Harry F. Ryan?—A. Y'^es, sir. 

(.}. Who is he?—A, A young boy in the west end of town, 

Q. Do you know whether or not he voted for Campbell or Doughton?—A. He 
is a Democrat. 

Q, Did you see him vote?—A. I did not. 

Q. Did he vote the Democratic ticket?—A, I suppose so; he is a hot Democrat. 

Q. Do you know?—A. I don’t know. 

Q. You are supposed to be swearing?—A. I am swearing to the best of my 
knowledge and belief. 

Q. Best of your knowledge and belief—do you consider that swearing?—A, 
Why, certainly. 

Q. You are swearing to facts?—A. No; swearing to the best of my knowledge 
and belief. 

Q. What do you base your knowledge on; did you hear him say he was going 
to vote it?—A. Yes, sir. . ^ . 

Q. Did you hear Harry F. Ryan say he was going to vote the Democratic 
ticket?—A. I have heard him talk Democratic, and what he was going to do. 
I went and asked him to list his taxes—he was 26. Told him he was liable to 
be indicted. He was the first boy to get a job after he came back. That is the 
reason I know the boy so well. 

Q. Was he in the Army?—A. Yes, sir; one of the first back—February, 1919. 

Q, So H. F. Ryan was one of the boys who returned in 1919?—A. Yes, sir; 
among the first to come back. 

Q. How about Alfred Buerbaum? Wasn’t Alfred Buerbaum in the war?—A. 
He went in. He didn’t stay long. Relieved on account of his health, possibly. 

Q. Was he relieved at all?—A. He came back; came back before listing time, 
because he listed for 1919. 

D. He is a right hot-headed kind of fellow?—A. Yoii are the first person I 
ever heard say so. 

Q. Do you know he worked for Harding all during the campaign?—A. I never 
heard of it. 

Q. You didn’t see him often?—A. Once a week or so. 

Q. Did you see him vote?—A. I did not. 

Q. Answer the question “ yes ” or “ no ” ; did he vote tJie Democratic ticket?— 
A. No; I don’t know. 

Q. Did he vote for Campbell or Doughton?—A. I don’t know. 

Q, Who is J. P. Spencer?—A. A young fellow—railroad boy. 

Q. Was he in the war?—A. No. Came here from Virginia. 

Q. Do you know whether or not he voted for Campbell or Doughton?—A. Yes, 
sir; he ran a machine for the Democrats. 

Q. Did you see anybody pay him?—A. No; he just came up to act as chauffeur. 

Q. Whom did he act as chauffeur for?—A. Some of those ladies. 

Q. Did you see the ladies pay him?—A. No; he would not do that. 

Q. Do you know he voted the Democratic ticket?—A. He came up and worked 
for them. 

Q. Did you see him vote?—^A. No. 

Q. Do you know whether or not he voted for Campbell or Doughton?—A. No; 
I don’t. 

Q. J. F. Delamar?—A. Western Union superintendent. 

Q. That fat fellow up there that got married about a year ago?—A. Yes, sir. 

Q. Did he tell you whom he voted for?—A. No; I know he is a Democrat. 

Q. Did he tell you he voted the Democratic ticket?—A. He did not. 

Q. Did he tell you beforehand he was going to vote it?—A. No; he didn’t; he 
talked it mighty strong. 



CAMPBELL VS. DOUGHTON. 


459 


Q. Answer the question “ yes ” or “ no ” as to whether he voted for Campbell 
or Doughton—A. He voted a straight Democratic ticket. I have no doubt 
but that he did. 

Q. Do you know that he did?—A. I dont’ know that he did; he has been 
talking all fall. 

Q. Do you know a lot of people who vote a straight Democratic State and 
county ticket who vote the national ticket Republican?—A. A lot? 

Q. Don’t you know it to be a fact that a great many of our citizens vote 
the State and county tickets Democratic and the national ticket Republican?— 
A. Very few. 

Q. Some of them do it?—A. Some; a few of them do. 

Q. Don’t you know it to be a fact that a good many of our voters vote the 
State and county ticket Democratic and vote the Republican congressional 
ticket?—A. Oh, some do. 

Q. You have looked over these returns?—A. What I saw in the newspaper. 

- Q. About how much did the county ticket run behind the national Republican 
ticket?—A. I haven’t seen the returns; only what was in the paper the day 
after election. 

Q. Don’t you know that your county Republican ticket ran behind the 
national Republican ticket?—A. As a general rule it does, 5(T or 75 or 100. 

Q. Doesn’t that tend to show that a good many of our citizens vote the State 
and county ticket Democratic and the national ticket Republican? You know 
Campbell ran ahead of Doughton in the west ward?—A. No, sir. 

Q. Ever see those figures?—A. No, sir; no one else ever saw them. 

Q. What did you see?—A. Mr. Doughton got in the neighborhood of 400 
majority. 

Q. He ran behind the Democratic ticket? You don’t know about that? Do 
you know E. G. Walton?—A. Yes, sir. 

Q. Who is he?—A. Everett Walton. 

Q. State whether or not E. G. Walton voted a straight Democratic ticket?— 
A. I don’t know. 

Q. Did he vote for Mr. Campbell or Mr. Doughton for Congress?—A. I don’t 
know; Democratic family. 

Q. Who is Harry Gore?—A. There are three of them—brothers; live in the 
west end of town; one is a traveling salesman; another a clerk. 

Q. How old is Harry Gore?—A. They run 23 to 30 or 33. 

Q. Do you know which one is Harry?—A. Salesman Wizard Automobile Co. 

Q. State whether or not he voted the Democratic ticket last November, if 
you know?—A. I don’t know. He talked mighty heavy for it. 

Q. Did he tell you that he did?—A. No; I haven’t talked to him but very 
little. 

Q. State whether or not he voted for Campbell or Doughton?—A. I don’t 
know. 

Q. Were any of these boys in' the Army ?—A. One of them was; the clerk. 

Q. What is his name?—A. “ S ” after his name. 

Q. Was Harry in the Army?—A. I never heard of Harry being in the Army. 

Q. Did the others vote?—A. All three of them voted. 

Q. Did the one in the Army vote?—A. Yes, sir. 

Q. Where?—A. All voted in that ward. 

Q. What is his name?—A. Sam. I don’t think that is his real name; I think 
it is a nickname. 

Q. Who is J. A. Ryan?—A. .Tames Rynn ; a young fellow in the west end. 

Q. How old is he?—A. Well, he has a sister that voted, and another sister 
older than her. He is over 26. 

Q. Was he in the Army?—A. No; here all the time. He went to Pittsburgh. 

Q. Did he vote the Democratic ticket—A. I should say he would vote a 
straight Democratic ticket. 

Q. Do you know whether he did?—A. He talked that way. 

Q. How did you vote?—A. Republican. 

Q. How did your sister vote?—A. I don’t know. 

Q. And yet you are trying to tell how everybody else in the county voted?—A. 
I never-have asked her. I suppose she voted the Republican ticket. 

Q. You are working on a supposition merely?—A. No; I have heard her talk 

^^a^sl:ate whether Ryan voted for Campbell or Doughton?—A. I don’t know. 
He is a hot Democrat, and a nice little fellow. 


460 


CAMPBELL VS. DOUGHTON. 


Q. He might be a Democrat in State and county affairs, and voted national 
ticket Republican?—A. He would take the whole thing straight. 

Q. Do you know John B. Merrill?—A. Yes, sir. 

Q. Did you see him vote?—A. No. 

Q. Did he vote for Doughtou or Campbell?—A. I don’t know. 

Q. Did he vote a straight Democratic ticket or a Republican ticket?—A. I 
don’t know’. 

Q. J. F. Hartmass?—A. Yes, sir. He is a young fellow up there. Aw^ay from 
here right now. 

Q. Was he in the war?—A. Yes; a w’hile; and then they put him in some 
plant. He came home very early. 

Q. Was he in the war in 1919?—A. I think he w’as here very early; was 
w’^anting a job; among the first boys that returned. 

Q. In the draft?—A. I think not. 

Q. What part of the w’ar w’as he in?—A. I don’t know^ wdiat branch of the 
service. 

Q. He left here wdien he w’ent to w^ar?—A. I suppose he did. 

Q. Did he go to war in 1918 or 1919? Was he in the draft?—A. I expect he 
went early, because at one time he w’as with this local company. 

Q. In the Row^an Artillery?—A. I think so. 

Q. Rowan Rifies?—A. I think so. 

Q. Did he vote the Democratic ticket or Republican ticket?—A. He is a 
Democrat. 

Q. Answer the question “ yes ” or “ no.” Did he vote the Democratic or Re¬ 
publican ticket?—A. I don’t know\ 

Q. Did he vote for Campbell or Doughton?—A. I don’t know’ about that. 

Q. H. S. Cutherell; who is he?—A. Stew’art. 

Q. He has been in the Navy since he was about 15 years old, hasn’t he?—V. 
He w^ent early. I don’t know’ how^ long it has been. 

Q. He has been in the Navy about six years—since 1914?—A. I suppose 
longer than that. He was quite a boy, and he must be 25 or 26. 

Q. Did the vote the Democratic or Republican ticket?—A. Democratic, nat¬ 
urally. 

Q. Well, did he? Did you see him vote?—A, No. 

Q. If you know’, tell how he voted. You don’t know’?—A. I never saw’ him 
vote. 

Q. When did you hear him talk?—A. Several times. 

Q. Did he tell you he w’as going to vote it?—A. No. 

(^. Don’t you know’ he w^as mad at Josephus Daniels and said he w’as going 
to vote the Republican national ticket?—A. No, sir. 

Q. Don’t you know’ he got out of the Navy because he got mad at him, like a 
good many others?—A. No, sir; I don’t. 

Q. Did he vote for Campbell or Doughton?—A. I don’t know’. 

Q. S. H. McCubbins?—A. Young Sam. 

Q. He got married. Did he go to w’ar?—A. He w^as one of the first ones. 

Q. In the draft?—A. No; volunteer company. 

Q. He left here in the volunteer company?—A. Yes, sir. 

(i. Do you know’ w hen he left here?—A. Left in August, 1916. 

With the Rowan liifies?—A. Yes, sir. 

Q. When did he come back?—A. In August, 1919; maybe the first w’eek in 
September. 

Q. When did he get home?—A. He came along in the summer. 

Q. Last summer?— A. 1919. 

Q. He got home in the summer of 1919?—A. Spring or summer. 

Q. Did you see him vote?—A. No, sir; I didn’t. 

(i. Did he vote for (’ampbell or Doughton?—A. I don’t know’. 

Q. Democratic or Republican ticket?—A. I don’t know’. He is a Democrat. 

Q. Did he split his ticket?—A, I don’t know’ anything about that. 

Q. You don’t know’ w’hether he voted a straight ticket or split his ticket?—A. 
No, sir. 

Q. He is married?—A. Yes, sir. 

Q. He is not w’orking for his father?—A. No. 

Q. He w as w orking w ith a man that came from Indiana; w’hy would he not 
be as liable to vote the Republican ticket, on that supposition^ as the Demo¬ 
cratic ticket? Do you know’ W. A. Gore?—A. He is one of those Gore boys. 

Q. Was he in the Army?—A. No; not in the Army. 

Q. Did you see him vote?—A. No, sir. 


CAMPBELL VS. DOUGHTON. 461 

Q. Did lie vote for Cnmphell or Ifoipthtoii?—A. I don’t know. He is a 
Democrat. 

Q. C. S. Gore?—A. He is one of the three Gores. 

Q. Was he in the draft?—A. I don’t remember about that. I don’t remem- 
bei ^^hat branch of the service he was in. They transferred him to some 
chemical plant. 

Q. When did he ?ret out of the service? Last year?—A. In 1919. 

Q. He g:ot out when all the rest were drafted out, in the summer of 1919?— 
A. No; a bunch aot out in February, and some in March, and a bunch got 
here about IVIay 27. They came in all along. 

Q. Do you know what bunch he came in?—A. No; I don’t. 

Q. You know he was in the Army?—A. Yes, sir. 

Q. Did he vote a straight ticket, or a split ticket?—A. I don’t know. 

Q. Did he vote for Campbell or Doughton?—A. He is a Democrat. 

Q. Did he vote for Campbell or Doughton?—A. I don’t know. 

Q. Some Democrats voted for Campbell?—A. I’d like to know who. 

Q. Campbell got a bigger vote in Rowan County than the ticket?—A. I don’t 
know that. 

Q. Didn’t Doughton run behind his ticket?—A. I don’t know. 

Q. Didn’t you ever look at the returns?—A. I glanced at one, but didn’t look 
at the others. 

Q' I ask you now if you haven’t heard that Doughton ran way behind the 
ticket in every ward in town? 

(Contestant objects to what the witness heard.) 

Q. Haven’t you heard that?—A. Haven’t heard a thing. I went down to 
look, and I said something to Mr. Barker, and I found the congressional, and 
the rest not tabulated, so I never made any comparison. 

Q. Don’t you know Doughton ran 100 votes behind the rest of the ticket in the 
west ward? 

Contestant objects to counsel of contestee introducing evidence in cross- 
examination. Our procedure has been to prove what was the reputed politics of 
the individual, and that being so, he would only be charged with what he had 
testified to; and furthermore, the attorney for the contestee, taking from his 
pocket notes with which to cross-examine this witness would be irrelevant, 
because he could secure from the witness his own data and cross-examine from 
that. 

Mr. Craig. F"or the time being we will pass over it. 

Q. Mr. D. E. Daniel. Do you know Mr. Daniel?—A. Yes, sir. 

Q. Was he in the war?—A. He was. 

Q. What branch of the service was he in?—A. Infantry. 

Q. When did he go in?—A. I don’t remember whether he went with the 
volunteer company or not. I don’t think he was old enough. 

Q. Did he go to France—A. Yes, sir. 

Q. Did you see him vote?—A. I did not. 

(}. State whether or not he split his ticket, if you know?—A. I don’t. His 
father told me he voted a straight Democratic ticket. 

Q. You don’t know otherwise?—A. No. 

Q. Do you know his father split his ticket?—A. I don’t know. 

Q. Do you know that his father voted a straight Democratic ticket in the 
State and voted for Harding for President?—A. I don’t know it. 

Q. So you really don’t know so much about it after all?—A. I know what 
his father said 

Q. P. E. Lewis?—A. Yes, sir. He is a grocery salesman. 

Q. Was he in the war?—A. Yes, sir. ' 

Q. What did he do in the war?—A. Y. M. C. A. 

Q. Where did he go—to France?—A. Yes, sir. 

Q. State whether or not he voted the Democratic or Republican ticket.— 
A. Democratic ticket. 

Q. How do you know'? Did you see him vote?—A. I did not. 

Q. Did he tell you he voted it?—A. He did not. 

Q. Will you sw'ear that he voteil a straight Democratic ticket?—A. As a 
matter of belief I would. Mr. Lewis is a mighty fine fellow^ You don’t- 
change him very quick. 

Q. Do you know whether or not he voted the Democratic or Republican 
ticket?—A. I do not. 

Q Do you know whether he voted for Doughton or Campbell for Con¬ 
gress?—A. I don’t know. 


462 


CAMPBELL VS. DOUGHTON. 


Q. Lewis Rainey?—A. I didn’t testify as to him. 

Q. You don’t know him?—A. Yes, sir. 

(i. Didn’t you testify about him?—A. I did not. I know he didn’t pay his 
poll. 

Q. You know him?—A. Yes, sir. 

Q. Didn’t you testify about L. T. Rainey on direct examination?—A. I did 
not. 

Q. L. C. English?—A. I did. 

Q. Who is he?—A. A young fellow who came from Landis. He and his 
people were leaders in the strike the governor bad to go down to Landis about 
in August. 

Q. Was he in the war?—A. No. His people were mixed up in the strike. 
The governor went down and straightened it out. 

Q. He straightened it out all right?—A. Yes, sir; he straightened them out. 

Q. Did you see him vote?—A. I did not. His name appeared on the poll 
book. He hadn’t been here four months. 

Q. Did he vote the Democratic or Republican ticket?—A. He is a Democrat. 

Q. Do you know?—A. Yes, sir. 

Q. How do you know?—A. That is the way he has been talking. He and 
his father and mother and sister. 

Q. Did you see him asking for a ticket?—A. No; but I heard of it a good 
deal. 

Q. You didn’t see him vote?—A. No. 

Q. Will you swear on the Bible that he voted the Democratic ticket?—A. 
I would almost swear that he voted the Democratic ticket. 

Q. He was a striker?—A. Yes, sir. 

Q. And a Democratic governor went to Landis and straightened out the 
strikers?—A. He did. 

Q. And it made the strikers mad at the Democratic governor?—A. No; they 
didn’t get mad at the governor. 

Q. I ask you on your oath, do you know whether he voted a Democratic or a 
split ticket?—A. I don’t know, but I believe he did. He is a Democrat and 
a hot one. 

Q. Do you,know how he voted?—A. I do not. 

Q. He made it hot for the men that worked against him?—A. No; hot against 
the mills. 

Q. Hot for the Democratic governor that went-down and straightened the 
matter out against him. Is that the way you arrive at your conclusions as to 
these-men you have been talking about?—^A. No; I don’t arrive that way. 

Q. Will you swear he voted for Campbell or Doughton?—A. His name is on 
the book. 

Q. Lots of men’s names are on the book. How many names are on the book?— 
A. About 4,000. 

Q. In the west ward?—A. Fourteen hundred and twenty-seven on the. west 
ward book; maybe 1,500, 2,000, or 2,500; 12 or 14 years old. 

Q. Some are Democrats and some Republicans?—A. Yes, sir. 

Q. Both names on the books?—A. Yes, sir. 

(}. So that is no indication that he voted the other way—his name on the 
poll book is no indication that he voted either way?—A. Very few could have 
left out the congressional ticket. 

Q. The fact that his name is on the poll book would not be proof that he voted 
for either side?—A. Not conclusive. Might be 8 or 10. As a rule, the congres¬ 
sional vote is heaviest. 

Q. This time the congressional vote was away behind?—A. You all are say¬ 
ing so. They are not tabulated yet; unless they have been in the last few 
weeks. 

Q. Don’t you know, as a fact, that the county returns are in and that there 
is no other contest in Rowan County except this contest? Every Deiinx^rat has 
taken office, and no Republican has made any objection?—A. Yes, sir. 

Q. There is no contest for any office in Rowan County over any office. Isn’t 
that so?—A. Oh,* yes. • 

Q. Do you swear this man voted for Campbell or Doughton?—A. I will swear 
he voted- 

^ Mr. Holton. This witness told you when he first started in that he didn’t 
see any of these people vote; he is only spegking of their politics. Y'ou have 



CAMPBELL VS. DOUGHTON. 


463 


repeated here for an hour and a half questions as to each and every one of 
them. Is that for the purpose of killing time, or for information? 

Mr. Craig. I would like to get out of here. My time is as valuable to me as 
yours is to you. 

Mr. Holton. One question, or two questions, would cover the whole thing. 
I am getting tired of this delay. He has told you each and every one of these 
names; not one of them did he see vote; and he told you further^that he didn’t 
know how they voted, except as to their politics. Your questions have been 
repeated over and over for an hour and a half. 

Mr. Craig. You took each one; one at a time. 

Mr. Holton. I had to do that. 

Mr. Craig. And now he says he don’t know a lot of them were in the war and 
had a right to vote. 

Mr. Holton. You can go ahead on that. 

Q. Bryce P. Beard. He was in the war?—A. Yes, sir. 

Q. What did he do in the war?—A. In one of the civil service branches. 

Q. Did he vote absentee vote or straight vote?—A. I don’t know about that. 

Q. You don’t know whether he voted absentee or straight vote?—A. No, sir. 

Q. Did he vote for Campbell or Doughton?—A. I would say Mr. Dough ton. 

Q. Do you know?—A. I do not. 

Q. In each individual case you don’t know whether he voted for Campbell or 
Doughton?—A. Practically every case. I took the list and I am telling the 
reputed politics of these people. I know them, and know them well. There 
were many more names I knew slightly. A hundred or more in each ward. 
But I knew these people. 

Q. But you didn’t see them vote? You don’t know how they voted? You 
don’t know how your sister voted?—A. No; I never saw her. 

Q. So Mr. Bryce P. Beard was in the Army?—A. Yes, sir. 

Q. What branch?—A. I don’t know. He was transferred. 

Q. Did he vote absentee or in person?—A. I suppose he was here. 

Q. Otis Gallimore?—A. He is a Democrat. He was in the Army. 

Q. You don’t know about him?—A. I know he is a Democrat. He is deputy 
sheriff now. 

Q. Do you know he voted for Mr. Doughton?—A. I do not. 

Q. J. R. C. Allen?—A. Yes, sir. 

Q. Do you know where he came from?—A. Virginia—years ago. He went 
away and came back a few months ago. 

Q. Was he in the Army?—A. I never heard of him being in the Army. 

Q. You don’t know whether he was or not?—A. I don’t know whether he was 

or not. 

Q. William H. Harding, jr.?—A. I know him. 

Q. Was he in the Army?—A. He was. 

Q. Did he vote absentee or straight?—A. I don’t know about that. 

Q. And you don’t know how it was?—^A. No. 

Q. Did you testify as to P. D. Clark?—A. Yes, sir. 

Q. Who is he?—A. He went back to Iredell County about 16 months ago. 

Q. You testified about his residence?—A. Yes; and his politics. 

Q. Was he in the Army?—A. I never knew him to be in the Army. 

Q. When did he live here?—A. Off and on—8 or 10 years. 

Q. Do you know whether he moved his residence to Iredell County?— 
A. Always been in Iredell County. Three or four months in’the shops and then 
go back. 

Q. He paid his taxes here and he voted here?—A. He is on the poll book. 

Q. As a matter of fact, people usually pay taxes where they live?—A. He was 
residing here at that time—May 1, 1919. 

Q. B. F. Mitchell. Do you know him?—A. Yes, sir. 

Q. Did you testify as to him?—A. Yes, sir. 

Q. What does he do?—A. He is a clerk somewhere. 

Q. Was he in the war?—A. He was. 

Q. What branch of the service?—A. I don’t know. 

Q. Did he go to France?—A. I don’t know. 

Q. Did he pay his poll tax?—A. He did not. 

Q. Did he vote?—A. The poll book says so. 

Q. It doesn’t say for whom he voted?—A. He is a Democrat. 

Q. Does it say so?—A. He says so. 

Q. P. F. Williams?—A. He is living at Granite Quarry. 


464 


CAMPBELL VS. DOUGHTON. 


Q. Is lie the man that ran a bicycle shop?—A. One of them. 

Q. Do yon know whether he chan^jed his ]>lace of residence?—A. He didn’t 
vote out there. He voted here. But his family is there. 

Q. He voted there?—A. He did not. 

Q. A man has j?ot a right to vote somewhere in the county.—A. The law 
.says so. 

Q. How about J. A. Seaher, .ir.?—A. I testitied no poll. 

Q. Did yon testify about R. B. English?—A. Yes, sir. 

Q. What was yonr objection to his voting?—A. He hadn’t been in the pre¬ 
cinct long enough. 

Q. L. C. English. Was he in the war?—A. He was not. 

Q. Where does he live?—A. In the West End. 

Q. Do yon know whether he changed his place of residence from one ward to 
another by proper certificate—according to law? 

Mr. Holton. Do yon mean to say that they have got to have a certificate 
of transfer from one ward to another—from one precinct to another? 

Mr. Craig. I am asking the major. 

Q. Yon do not know whether he voted for Cam])bell or Donghton, do yon?—A. 
No; he talked a very hot Democrat. 

Q. Mrs. H. B. English, Bessie English?—A. Bessie English and L. C. English; 
they were the leaders in the Landis strike. 

Q. E. W. Fetzer?—A. He married Mr. Thompson’s danghter. 

D. D. Hahn?—A. I never heard of such a name. I didn’t testify as to 
him. He is one of that Landis crowd. 

Q. Cress-A. One was in the Army. 

Q. Which one?—A. I don’t know; one. Been wearing an Army suit. 

Q. Did they vote for Donghton or Campbell?—A. Democratic ticket. 

Q. Yon don’t know whether they voted a split ticket?—A. I haven’t any 
idea that they did. 

Q. Yon know that somebody split tickets, because Mr. Donghton ran 200 
votes behind his ticket.—A. I guess they did. I don’t know that. 

Q. K. IM. Fisher. He is 63 years old?—A. I was testifying as to a young 
boy-^a painter. 

Q. Was the young boy in the Army?—A. No; he is married. 

Q. Is the young boy on the registration book? Look at the registration 
book and see if tliere is but one R. M. Fisher on that book?—A. Not but one 
on these. One is for 1918 and the other 1920, and some of this is mnnicipal 
election registration. 

(}. So the typewritten sheets yon copied here and went by were taken off the 
wrong registration book?—A. They were taken from no registration book. 
They were taken from the poll book. 

Q. Yon started to read from the registration book as to that man, R. M. 
Phsher. Isn’t that the registration book that the register of deeds identified 
as being the registration book for that precinct?—A. Not “the.” He said they 
were- 

Q. Is this the registration book that the register of deeds identified as being 
the registration book for the west ward?—A. That is the one he brought np. 

Q. How old does it show R. M. Fisher to be?—A. Sixty-three. 

Q. J. S. Carriher. I ask yon to look at the registration book he brought np 
here and see how old it shows him to be.—A. Forty-one in 1910. 

Q. How old would that make him in 1920?:—A. 1919 is when the tax is dne. 

Q. When was the election—the 2d of November, 1920?—A. Yes, sir. 

Q. How old would that make him?—A. Forty-nine—forty-eight or nine—on 
May 1, 1919. 

(.^. What does the record show?—A. May 24, 1910, 41 years old. 

Q. To May 24, 1920, how long is it?—A. Ten years. 

Q. Ten and forty-one are how many, fifty-one?—A. Yes, sir. 

Q. Well, the election was not until November?—A. Tax is dne May 1, 1919. 

Q. He voted in November, 1920?—A. Yes, sir. 

Q. How old would he be the 2d of November, 1920?—A. He would be 51. 
But he wasn’t 50, IMay 1, 1919. That is what I was testifying. 

Q. The election was in 1920?—A. Yes, sir. 

Q. Do .you know whether any Republican challenge<l any Democrat for the 
nonpayment of poll tax?—A. I don’t know. 

Q. Do yon know whether any Democrat challenged any Republican for the 
nonpayment of poll tax?—A. I don’t know. 




CAMPBELL VS. DOUOHTON. 


465 


Redirect exaniiiuitioii by Mr. Holton ; 

(}. Tliose sheets that you read from, or took the names from, you said were 
made by typewriters?—A. Yes, sir. 

C,). Did you make out the data from which they were drawn?—A. Part of it. 
After some names, all of it. 

(>. You made out the list for her to typewrite?—A. Yes, sir. 

(Hearinj>' adjourns until Wednesday moruin.£i:, March 2.) 

Pursuant to adjournment, the hearing I’econveiies Wednesday’ morning, March 
2, 1021, at 10 a. m. 

Present: ^Irs. .1. D. Dorsett. commissioner: on behalf of contestant: Attor- 
m*.vs A. E. Holton. Monroe Adams, and .1. IM. Waggoner; on behalf of contestee: 
His own proi)(:'r person, Hon. Robert L. Doughton. (Jov. T. W. Hickett, Kerr 
Ci-aig, and 1*. S. Carlton. 

Mrs. J. R. RROAVX, a witness introduced by the contestant, being tii-st duly 
sworn, testified as follows: 

Direct examination by Mr. Holton: 

Q. Where do you live, Mrs. Rrown?—A. (Miina Grove. . 

(}. Were you a voter in that i)recinct last .year?—A. Yes, sir. ■ 

Q. Did you register?—A. Yes, sir. 

Q. Anyone register at the same time you did?—A. Yes, sir. 

Q. Who was it?—A. Mrs. iM. .1. .lames and Mrs. Holshouser. 

Had all three of you been in the State two years?—A. X(», sir: iMrs. 
James hadn’t. 

Q. What occurred when iMrs. .Tames went to register?—A. Well, iMr. Har¬ 
ris— 

Q. ^^’ho was Mr. Harris?—A. He was the man that had the books. 

Q. The registrar?—A. Yes, sir. He asked us to hold up our right band, he- 
had something he wanted to read to us. When he came to thei place, bad we 
been in the State two years, 1 said to Mrs. James, “You haven't been in the 
State two years.” Mr. Hari-is said, “ 1 d<ni’t need to read this to you ladies. 
It only applies to men.” 

Q. Did he read the balance of it?—A. No, sir; he didn't i-ead any more. 

Q. Did he register Mrs. James?—A. Yes, sir. 

Q. Did she vote?—A. Yes, sir. 

Q. Do you know how slie voted?—A. She voted the Deiiiocratic ticket. 

i}. For Mr. Doughton?—A. Yes. sir. 

(L That \vas at the election of November 2?—A. Yes, sir. 

Q. How long bad she been living there?—A. It would have been two years 
in .ranuary. 

(,). Where did she come from?—A. ('hester, S. C. 

Cross-examination by Gov. Kickett: 

(L Were you present with hei’ when she voted on the da.y of election?—A. 
No, sir. 

i}. So you don't know, then, how she voted?—A. Well, I feel sure she voted 
the Democratic ticket. 

(,). If you weren’t there, you don't know, of your own personal knowledge, 
that she voted at all?—A. \>s; she told me that same day that she voted. 

Q. Did she tell .you how she voted?—A. No; she didn’t say. 

(J. So you really don’t kmov anything about how she voteil?—A. No, sir. 

Redirect examination by Mr, Holton : 

Q. What was her politics?^—-A. Democrat. 

Recross-examination by Gov. Hfckett: 

Q, How do you know she was a Democrat? She never voted here before?— 
A. No. sir; hadn’t any of the ladies voted before. 

O. She hadn’t been living in this State, you say, for two years?—A. She 
had been out of the State about eight years. This was originally her liome. 
It l)adn’t bec'ii two years she had been back this last time. 

Q. She <lidn’t tell .vou that she voted the Democratic ticket'?—A. No, sir; 
she didn’t say how she voteJ. 

R(‘-redirect examination by Mr. Hoi.ton : 

Q. Did she tell you she was a Democrat?—A. Yes, sir. 


STGOo—21 


80 




466 


CAMPBELL VS. DOLGHTOX. 


Wliat (lay?—A. The day she voted. Slie said she lieard lier vote would he 
ehalleii.i^ed and she didn’t want to vote, hut tliey made her. I don’t know who 
“ they ” were. She heard it would be, hut it wasn’t. Said she didn’t want 
to vote, but they made her. 

]\Ir. ROP>EliT B. STIREWALT, a witness introduced by the contestant, 
bein.? fir.st duly sworn, testilies as follows: 

Direct examination by Mr. Adams : 

Q. Were you present on election day’?—A. Yes, sir. 

Q. Did the Democrats have a clerk for tlieir Judge and registrar there?— 
A. Yes, sir. 

Did the Republicans have any clerk?—A. Well, 1 kept the books on the 
outside. 

(^. Where were they voting?—A. At Patter.son’s store. 

Q. Did they let you keep the book on the inside for the Republican Judge?— 
A. Xo, sir. T asked, How about my getting inside? Mr. Graham says: “I 
reckon you better stay outside.” 

Q. Who is IMr. Graham?—A. One of the Judges. 

(J. Democratic Judge?—A. Yes, sir. 

Q. What did he say to you’?—A. That is all he .said. .Tust .said, “ I guess you 
had better stay outside.” 

Mr. H. S. BOSTOX^, a witness introduced by the contestant, being tirst duly 
*sworn, testified as follows: 

Direct examination by Mr. Adams: 

Q. IMr. Boston, were you ja-esent on election day’/—A. Yes, sir. I was one of 
the Judges. 

(}. Mliat precinct did you vote in ?—A. China Grove X’^o. 1. 

<J. Are you a Judge down there?—A. Republican Judge; yes, sir. 

Q. Were you present (Ui challenge day down there?—A. Yes, sir. 

(j. State what, if anything, was said to you concerning challenges for that day 
by Republicans’?—A. Well. IMr. Harris said each challenge would have to be 
accompanied by a dollar. 

Q. AVho is he’?—A. Democratic registrar. 

(}. He also said that in the presence of others?—A. Yes. sir; INIr. Correll and 
INIr. Setzer. 

Cross-examination by Gox. Btckett: 

(b What did he tell you the dollar was going to do?—A. I don’t know. I 
tisked him when that became the law, and one of the other Judges said there 
wasn’t anything to it, he didn’t think, and as well as I remember, that was the 
instruction he had from election head(iuarters—that each challenge was to be 
accompanied by a dollar. 

Q. Did he tell you who got the dollar?—A. Xo, sir. 

Redirect examination by IMr. Adams: 

(}. Do you know how Mrs. .Tames voted’?—A. Yes, sir. 

Q. You have reference to the Mrs. .Tames that Mrs. lirown testilled about?—A. 
Yes. sii‘. 

Q. How did she vote’?—A. ITemocratic ticket. There is the book my clerk, 
on the outside. kei)t. Tf you get the poll book, it will show the same, I suppose. 

(}. What man voWd there that day, absentee voter, that was in the insane 
asylum at Morganton?—A. INIr. Charles D. ITostian. 

Q. ITow did he vote?—A. Democratic ticket. 

<}. Was that vote mailed in?—A. Yes, sir; T suppose so. The registrar had it. 

Q. Have you got the envelope that the vote came in’?—A. Yes, sir. 

(}. Will you please exhibit it?—A. (Witness produces envelope.) 

Q. Where is Morganton’?—A. In western North Carolina; on the main line to 
Asheville. 

(X Ph'dii Salisbury?—A. To Asheville; yes, sir. 

Q. Does the Winston-Salem Railroad go toward INIorganton’?—A. T guess not. 

I think the terminus of that division is Pittsboro. 

i}. From whei'e?—A. Greensboro; by Winston-Salem and Wilkesboro. 

Q. Is that the envelope that his vote came in?—A. Yes, sir. 

(*Contestant introduces envelope, which is marked “ Contestant’s Exhibit 22.”) 

(y Read what the postmark is on that?—A. ‘•Winston-Salem Railway Post 
Office.” 


CAMPBELL VS. DOUGHTON. 


467 


Cross-examination by Gov. Bickett: 

Q Yon say this man did not tell you wlio was jtoing to get this dollar?—A. 
No, sir. 

Q. Don’t you recall that he said that the officei's would charge a dollar to 
serve a notice of the challenge on the voter?—A. I don’t know anything about 
that. I asked him when that became a law; I hadn’t heard anything of it. 

Q. Did you have a list of men to challenge?—A. These other gentlemen had 
come there to look over the books. It was the morning of challenge day, the 
Saturday prior to election. That is when this came up. 

Q. Who was there? Both judges, I suppose, and the registrar?—A. No; the 
Democratic judge wasn’t there. Myself and Mr. J. E. Correll and G. S.' Setzer 
came up to look over the books. 

Q. Did you all read out a list of names?—A. No, sir. 

Q. Did you offer to make any challenges?—A. No; not at that time. There 
was nothing said at that time. They was just looking over the books. Nothing 
said about any challenges. 

Q. Did you look over the books?—A. Yes, sir. 

Q. After you looked over them, did you enter a list of challenges?—A. No; 
the dollar question came up. Later Mr. Correll and Mr. Harris decided they 
would not challenge on either side. 

Q. Who was that?—A. Mr. Harris and Mr. Correll. 

Q, AVho were they?—A. Mr. Harris was registrar, and IMr. Correll a citizen 
of the town. 

Q. Is he a Republican?—A. l"es, sir; Mr. Correll is. 

Q. And you were Republican judge?—A. Yes, sir. 

Q. Did you object to that agreement?—A. No, sir. I didn’t propose to put up 
any dollar, not knowing what the dollar was for. 

Q. Just two election officials—you were one and the registrar was the other. 
He couldn’t outvote you there that day, could he?—A. No. 

Q. That is one time where the Republicans were just as strong at the election 
as Democrats?—A. It didn’t happen to be election; Saturday prior to election. 

Q. I mean at the registration place.—A. Yes; it was on Saturday. 

Q. You were there in equal numbers, so far as numbers were concerned? One 
Rei)ublican and one Democratic official?—A. Yes, sir; but there was no business 
on hand. You hardly ever find it that way when there is anything doing. 

Q. The ui)Shot of the whole thing was an agreement that there would be no 
challenges?—A. Not at the time the dollar was mentioned. We just looked at 
the books. 

Q. After you looked at the books you didn’t make out any list of names to 
challenge? 

Re-redirect examination by Mr. Adams ; 

Q. Did IMr. Hari'is. the Democratic registrar, require any fee on the pait of 
the Democrats?—A. I guess if there had been any challenging done he would 
have had to pay the dollar by his own say-so. 

Q. Was that question asked?—A. Yes, sir; one gentleman said, “Have you 
got a dollar for every challenge you propose to make?” 

Q. Did he answer?—A. No. 

Re-recross examination by Gov. Bickett; 

Q. He made no answer and made no challenge?—A. No. I don’t know 
whether he was short of dollars like I was or not. 

(}. Were any challenges made there on election day?—A. No, sir. 

Q.* Wasn’t anvthing said about a dollar on election day?—A. No, sir. If 
there was thev had it back behind the house; it wasn’t in front. 

Q. Everybody voted?—A. Everybody voted, I reckon. I thought so, at least. 
I didn’t see any reason for challenge. They claimed they had all agreed not 
to challenge anybody. 

Re-redirect examination by Mr. Adams: 

Q Do vou know iMr. C. D. Myers?—A. Yes, sir. , 

Q. Do you know how he voted?—A. I think I can tell you mighty quick. 
[Refers to memorandum.] Democratic ticket. 

Q. G. H. Lucas?—A. Democrat. 

6. I. O. Royster?—A. Democrat. , , . 

(). I don’t believe you know whether these gentlemen paid their poll or 

jiot?_A. Mr. Doughton's challenge say they have not. 


4G8 


(WMPBELL VS. DOrOHTOX. 


Q. Did Mr. Doii^liton tlie>’ were Uepuhlieniis who had not paid their 

poll tax?—A. As 1 iindeistaad, the list presented to me, he or his crowd had 
ehalleiij^ed al)out 8S of our voters as Kepuhlieans, and these api)ear amoiif; the 
list as noiipaid poll tax. 

Q. They voted the I)eiuoerati(‘ ticket?—A. Yes. sii-. 

Q. C. C. Fa^i'ot is listed as nonpall taxpayer?—A. He voted tlie Deinoci’atic 
ticket. 

^Nlr. J. E. (’OUUELL, a wiluess irdrodiiced hy the contestant, heinj; first duly 
sworn, testified as follows: 

Direct examination hy ]Mr. Ada:n[s : 

Q. What precinct did you vote in?—A. China Grove. 

Q. Were you present on vhe day when the Keiuihlicans went down to prefer 
challenges on challeniie <lay?—A. Yes, sir. 

Q. Tell what hai>pened there that day?—A. Well, we looked over the hooks 
and there were a few that were a little sort of douhtful about heincc qualitied to 
vote, and we were talkin.u' about challeu.ues, and Mr. Harris said there would 
have to be a dollar accompany every challen.e:e; that he had instructions from 
the chairman of the county boai'd of elections to collect a dollar from every 
challenjje. 

Q. Who is the chairman of the county boai'd of elections?—A. PI. C. Grep:ory, 
I think. 

Q. Is that all you know about it?—A. That is all I know' about it. 

Mr. PdiANK MOOIlPl. a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examinarion by Mr. Adams: 

Q. Are you a voter in China Gi-ove precinct?—A. Yes, sir. 

Q. Rowan County? 

(). Y'our name is P''rank IMoore?—A. Yes, sii'. 

Q. Tell where and when you saw any person circulating the Hai'ding picttire 
surrounded by Negroes in that precinct, if you did?—A. On election day, in 
about oO feet of the ballot box. 

Q. Who had this picture?—A. IMr. Gus Schenck. 

Q. What is his politics?—A. He is a Democrat. 

(,). ^^’hat was he doing’ with it?—A. Plxhibiting it to several persons around 
there. 

Q. Showing it to people?—A. Yes, sir. 

Q. Mdiat did he say?—A. T don’t know. He was si)eaking in a low tone and 
1 was 6 or S feet from him. 

Q. On the election gnmnds?—A. Yes, sir. Pfifty feet of the ballot box. 

Q. Wliat time of day?—A. I don’t i-emembei’ just what time of day. Some 
time in the morning. 

Q. Did you see it more than one time during the day?—A. No, sir. 

Did he have it in his hand carrying it around?—A. Yes, sir; wfiien I saw’’ it. 

Mr. fifi IM. WINPK fi)P’'P'', a witness introduced by the contestant, being first 
duly sworn, testified as follows: 

Dii-ect examination by IMr. Hot.tox : 

Q. Mr. Winecoff, where do you live?—A. Salisbui-y. 127 West Haidv Street. 

Q. Did you have any connection with the election last fall?—A. I was the 
judge around in the west \vard—Republican judge. 

Q. Who else were officers there?—A. J. H. Mauley was Democratic judge, and 
Mr. Rahe was I’egistrar. and Mr. Charles Coggins was their secretary, and Mr. 
Simpson was my secretary. 

Q. AVhat did you use the secretaries for—to copy the poll list?—A. \"es. sir; 
we thought we would be rushed that day. a lot of votes to be cast, and we asked 
for one, and they gave us a secretai’y. 

Q. Did you have any absentee votes thei-e?—A. \>s, sir. 

Q. How many?—A. M ell, I never counted them, but thei’e was around 12o in 
all of them. 

Q. What became of those envelopes?—A. I don’t know what became of the 
envelopes and ceutificates. M hen they were voting those absentee votes several 
of them fell on the floor, and I picked them up and handed them to Mr. Rabe 
and told him he had better keep those; might be of some service to us .some day. 


CAxMPBET.L VS. DOUGHTON. 


469 


and tile election law said to keep them six montlis after the election. That 
was certiticates. Only t^^•o or three of those fell on the floor that I picked np. 

0- What, became of the others?—A. Mr. Kahe, as he voted them, stuck them 
in h.s pocket. Those ha'ppened to fall on the floor. 

AS h«it time of day did yon oiien them?—A. Started to open them at 3 
o clock. 

(>. Did yon coidinue to oiien them until you closed?—A. Until we jrot them 
all ^ oted. Somethin^’ like ai’ound 4.30: because men would come up to vote 
that lived here in iierson, and we would vote them. 

(,). Do yon know .1. K. Prince?—A. Yes, sir. 

(). Do you know how he voted?—A. Democratic ticket. 

(J. I)o on know \yhere he lived?—A. He was living' then in South Uarolina. 
He had been in \ iruinia. Left the Yadkin Hotel and went to Adrginia and was 
there about two years; him and his wife went to Aurjilnia and he was inanapn^^ 
a hotel over there, and when he left there T understood he was in (Niiumhia, 
S. C. 


(J. How did he vote?—A. Democratic. 

(>. Absentee?—A. Yes. sir. 

(L I>id IMrs. J. It. l*rince vote?—A. Yes, sir. 

Q. Absentee-?—A. Yes, .sir; Democratic. 

Q. They were then in South Unrolina?—A. Yes, sir. 

(}. Do yon know what he was doing-?—A. I understand Air. Prince was work¬ 
ing in the tyjieu'rit.er business, or something, down there. 

Q. He had been engaged in the hotel business?—A. Yes, sir; he had been away 
fi-<mi here o^•el• two years, because 1 went to the Yadkin Hotel and got the in¬ 
formation. 

(}. Ho^^' about Alaj. Scides?—A. He voted the Democratic ticket. 

Q. AVhere does he reside?—A. In tlie west ward. He was entitled to vote 
there. 

Q. You don't know whether he voted anywhere else or not?—A. No, sir. 

(J. A. N. Frazier*?—A. A^s, sir; he voted there. 

(}. How did he vote?—A. Democratic ticket. 

Q. Did he reside in that ward'?—A. His mother did; he didn’t. He hadn’t 
been living here, only in and out. I don’t know where he was living at the 
time of the election. 

Q. Where was his wife?—A. She was with him. I don't know where they 
were living. 

Q. How long had he been away?—A. Been over six months, and the election 
law says six months out of the precinct. 

Q. Do you know James Hamhley?—A. Yes, sir. 

Q. How did he vote?—A. Democratic ticket. 

(). Did you say how Mr. Frazier voted?—A. Democratic ticket. 

Q. Where did James Hamhley live?—A. I don’t know. His mother lives in 
Lexington. Been living there for a year. 

Q. Had he been here?—A. Not to my knowing. 

Q. He voted absentee?—A. Yes, sir. 

(}. W. H. Hamble.v?—A. He voted Democratic ticket. 

Q. Absentee?—A. I think so. I would not he positive. I haven’t got the 
absentee record. 

Q. Do you know where he lives?—A. No, sir. 

Q. How long since he had been here?—A. Been at least six months, anyway; 
longer than that. I guess. I would not say. because I don’t know, but I don’t 
think he had a right to vote. I challenged him, hut they voted him, anyway. 

Q. J. F. Cathey. Do you know how he voted?—A. Absentee and Democratic. 
His father lives here, and he would be entitled to vote if he was qualified. His 
father lives here, and he would be entitled to vote around there. 

Q. Did he vote the Democratic ticket?—A. He did. 

Q. .1. A. McKenzie?—A. A'oted absentee. 

Q. How did he vote?—A. Democratic. He lives here; this is his home; if he 
was perfectly qualified to vote. 

Q. I don’t' understand you.—A. He has always voted around there in that 
ward. 

Q. Voted absentee?—A. Yes, sir. T think he did. I won’t be positive. 

Q. F. E. Buerbaiim?—A. He voted Democratic ticket. 

Q. It. L. Rainey?—A. He voted the Democratic ticket. 

Q. Absentee?—A. Yes. sir. 

f}. A. B. Carter?—A. I don’t know him. 


470 


CAMPBELL YS. DOUGHTON. 


Q. Pliilip Eaines?—A. He voted absentee. 

Q. How did he vote?—A. Democratic ticket; and has not lived in Rowan 
County for eight years. Lives in Chicago. I cliallenged him, hut they voted 
liim anyway. ' 

Q. C, S. Snellings?—A. I don’t know Snellings. 

Q. Know how he voted?—A. I don't know liim. , 

Q. C. S. Denney?—A. Charley Denney? He voted the Democratic ticket. He 
has not been liere foi'—I don’t know, but a year or two years. 

Q, Single man?—A. Yes, sir. 

Q. Do you know where he is?—A. No; I don’t know where he is. 

Q. S. H. Wiley?—A, He is—I thought ]\[r. Wiley was entitled to vote here. 
I didn’t question him, because I thought he is on old resident, while he has 
been away a good while. 

cy Do you know whei’e he is?—A. Xo. I understand in Spain, somewhere.. 
But I didn’t (|uestion him on that account. 

Q. Do you know how old he is?—A. X^o, sir; I don’t. 

Q. S. A. Blackman. How did he vote?—A. Democratic ticket. 

Q. Absentee?—A. Yes, sir. 

Q. W. C. Goi-man?—A. Democratic ticket; ab.sentee. 

Q. Ifo you know whei-e Blackman lives?—A. X’^o. sir; I don’t. . 

Q. Gorman—how did you say he voted’?—A. Democratic ticket. 

(h C. .1. Babe’?—A. Democratic ticket. 

0- IMshop T^eonard?—A. Democratic ticket. 

Q. Do you know where he i-esides‘?—A. He had been living in Yirginia. I 
don’t know whether he has been here long enough to vote or not. 

(y How long was he in A'irginia?—A. I don’t know; around two years; year 
and a half. 1 would not say, because I don’t know. 

(}. You don’t know liow long he has been back?—A. Xo, sir; I don’t. 

Q. Alfi-ed Buerbaum?—A. T don’t know about him. 

(y That is Andi'ew Buerbaum. isn’t it? That is a brother of the one I asked 
you about.—A. They both voted. One absentee; Andrew in ])erson, and the 
other, absentee. Both voted the Democratic ticket. 

(}. E. G. AValton?—A. Yoted Democratic ticket. 

(y Harry Gore?—A. I don’t know him. 

(}. S. H. McGubbins?—A. Yoted Democratic ticket. He is entitled to vote 
here. This is his home; he lives here. Yote<l in person. If he had been 
qualified. 

(). Ill what resi^ect?—A. If he had paid his tax. I understand he hadn’t 
paid his tax. I don’t know it to be true. He would be entitled to vote here, 
iiecause this is his home. 

Q. W. A. Gore?—A. I don’t know him. 

Q. P. E. Lewis?—A. I know I*. E. Lewis. He voted the Democi’atic ticket. 

(y Lewis T. Rainey?—A. Yoted absentee, and has not lived in Salisbury for 
two years. 

(J. Do you know where he lives?—A. Xo; I don’t. Went from here to Yir¬ 
ginia. 

Q. R. X. Hudson?—A. Yes. sir. Democratic ticket. Him and Mrs. Hudson. 
Hadn’t been here long enough to vote. I challenged them; and Mr. Stirewalt 
challenged them on the outside. 

AYliere do they reside?—A. In Salisbury, where they voted. Been living 
here six months. Came from South Cai-olina. I understand. 

Q. Hadn’t been living here before that?—A. Xo, sir; about six months. 

(y Bryce P. Beard?—A. Democrat. 

Q. Otis Gallimore?—A. Democrat, 

(). .1. R. C. Allen?—A. Democrat. 

Q. W, H. Hardin?—A. Democrat. 

(}. E. I.. Hardin?—A. That is his brother. They voted the Democratic ticket. 
(). Raymond Cousin?—A. I don’t know him, 

{]. L. I. T. Burney?—A. Democratic ticket. 

Q. Preston Bradford?—A. Democratic ticket. 

Q. AY. L. Miller?—A. He voted the Democratic ticket. 

Q. Herman Butler?—A. I don’t know him. 

Q. .1. M. Gupton?—A. Democratic ticket. 

Q. F. AA\ Fuller?—A, Democratic ticket. 

Q. P. D. Clark?—A, I don’t know him. 

Q, AATley Pickens?—A, He voted the Democratic ticket. 


CAMPBELL VS. DOUGHTON. 


471 


Q. W. r.. Scnifijis and Mrs. Scru.c:ss?—A. I remember them voting. They 
voted the Democratic ticket. 

Q. Do yon know how long they have been residing here?—A. No, sir; I 
doidt. 

(J. El. J. Overman?—A. I don’t know. 

ii. Did he vote?—A. Yes, sir. 

(L 1^0 you know how he voted?—A. No; I couldn’t say. 

(E How' about Lewis T. llainey?—A, He voted the Democratic ticket. I 
answered that once. 

il There is another Rainey here. J. S. Carriher?—A. Yes, sir; I know him. 
He voted the Democratic ticket. 

Q. Do you know J. D. Lawrence?—A. Yes, sir. 

Q. How did he vote?—A. Democratic ticket. 

Q. In your ward?—A. Yes, sir. 

Q. 1. W. Tuck—how about him?—A. I don’t know; don’t know him. 

Q. R. 1‘. Thompson?—A. He voted the Democratic ticket. 

Q. Do you know whether he resides here'or not?—A. No, sir; he doesn’t. 
I don’t know where he lives now. 

Q. He voted absentee?—A. Yes, sir. 

(E I >emocratic?—A. Yes, sir. 

Q. Heni-y H. Nichols?—A. Itemocratic ticket. He is entitled to vote. His 
mother and father are supposed to live liere. 

Q. You don’t know whether he paid his poll tax?—A. No. He would be en¬ 
titled to vote if he was qualitied, but he may not have paid his poll tax—^ 1 ) 0 - 
cause this is his home. 

Q. D. H. Dean?—A. Mr. Dean voted the Democratic ticket. 

Q. AV. 1*. Drew?—A. Democratic ticket; absentee. 

Q. Mrs. AA". P. Drew?—A. She voted, too. They live in Asheville. 

Q. Had they lived here six months prior to the election, or more?—A.^ 
Hjuln’t live<I here at all. I (piestioned those when they came up. 

(E Do you know anything about Norman Brown?—A. Yes, sir. He voted 
in the south ward. Always lived in the west ward and always voted there, 
and he went to the south ward and they would not let him vote because he 
was not re.gistered. He lived in the south ward, 

(E At the time?—A. Yes, sir. And he said, “ I am not registered here." 

i}. Addressing the officers of election?—A. Yes, sir; registrar and judges. 
Said, " 1 am not registered here.’’ 

ii. Did he have a ticket?—A. No, sir. And Air. Rabe sai<l. “ A>s; I think 
you are. I will look it up and .see.’’ I said, “ AVhere do you live?’’ He said, 
“south ward.’’ I said, “How long have you been living there?’’ He said, 
“ Two years oi- more." I said, “ You are not entitled to vote here, then.’’ He| 
said, “No; but 1 am entitled to vote somewhere.’’ I said, “You are if you are 
qualified. The books are open for you to transfer, you and every other man 
that wanted to vote. It is your place to transfer and vote. You are entitled 

to vote if you are qualified.’’ He said, “ AA'ell, I am entitled to vote." Air. 

Alurphy was there and he said, “ He is entitled to vote." 

(E Air. Alurphy is an attoi-ney at law?—A. A"es, sir. 

ii. In tbe legislature now?—A. Yes, sir. And he said, “ He is entitled 
to vote," and Air. Rabe said. “No; he is not. Air. Alurphy. He says himself 
lie has lived out of tbe ward two years. He is not entitled to vote here.’^ 

So Air. Alurphy said, “ Give him something to show that he is transferred 

from this warii—‘ This is to ceidify that N. AA’. Brown’s name is erased from 
this book and he is entitled to vote somewhere.’ ’’ Air. Rabe said “ I don’t 
know about that.” I said, “ You can’t register and vote him to-day." Air. 
Alurjiliy said, “ A^es, he can vote,” and went with him down to the South 
AVard and they voted him. 

ii. AA’ho signed that certilicate?—A. Air. Alanley wrote it. I don’t know 
whether there was any signature, but that is what he wrote. I don’t know 
that there was a name to it. 

Q. You didn’t go to the other ward?—A. No, sir; I didn’t. 

ii. Do you know Airs. Alary I’oole?—A. Yes, sir. 

Q. Did she vote at your place?—A. Yes, sir. 

(E AVhere does she live?—A. She married about six months before the 
election and moved to Stanley Gounty. Her husband was county denion- 
sfi-ator of Stanley Gounty. I told them she wasn't qualified to vote here, but 
thev voted her anyway. 

Q. How did she vote?—A. Democratic ticket—absentee. 


472 


('AMPBELL VS. DOUGHTOX. 


Now, Mr. Winecoff, do you know anytliin, 2 : about two tickets, found in the 
i)ox for Mr. Gaini)l)ell, that were tlirown out?—A. Yes, sir. Two congressional 
tickets, State, (‘ounty, and national, tliat had a cross marked on them, that 
were thrown out because tliey were marked on. 

(^. Keimblican or I>emoci‘atic?—A. Two Kepublican tickets for Mr. Cami)l>ell. 

ii. Have you j^ot one of them with you?—A. Yes, sir. 

Q. Let’s see it.—A. | lh-(Mhices ticket.] 

((’ontestant introduces ticket, which is marked “Contestant’s Exhibit 23.”) 

(L Where was that found?—A. In the box. In the ballot box, when we 
o})ened it. 

(). Wliich one of them?—A. Wliere it belonged—in the congressional box. 

Q. Tw(» of them .just alike?—A. Yes, sir. Had cros.ses on them. 

(). Was that vote counted?—A. Xo, sir; it was thrown out. 

(). Did you sign the election returns?—A. No, sir; I didn’t. 

(). Why didn’t you?—A. AVell, when we got the votes all counted, T got a 
a ticket and j)ut down the number of votes each candidate got, and my helper 
said, “ We are through ; Ave might as well go.” iMr. Uabe said 1 would have 
to stay and sign the elec-tion returns and help till them out. I said, “ XW; I 
won't do it; too many votes cast ovei* my jtrotest.” And I didn't sign them. 

(). What time of day was that':'—A. About 9 o’clock, I reckon, at night. 

(). Do you know how many Kepublican absentee tickets were voted there 
that day'?—A. Well, there wasn’t over six, to my knowing. 

(). >Vere you sworn that day?—A. >ro, sir. 

(J. Wei'e the other judges savoiii'?—A. Not in my ])resence; no. sir. 

Q. Nor the registrar'?—A. N^o, sir—well, I reckon, he was when he was—but 
he wasn't sworn that morning; and he didn’t .'^we.ir me, either. 

Q. Why didn’t you challenge befoi-e the election, on challenge day?—A. The 
reason was two years ago we went ai'ouiid to all the wards in Salisbury to 
challenge the voters on clndlenge day. I went to the east ward. Dr. Doughty 
was registrar. We was supposed to go at 1 o’clock. He came at 2, and we 
started to challenge. He didn’t much want to let us have them, but we did 
get them. Went over them and challenged them. When we got through we 
got down to the K’s; we had challenged 325—J. M. Proctor and myself. Mr. 
Proctor said, “ You notify all these people that they are challenged to appear 
here at a certain day.” Pie said, “ I am not going to do it unless you pay me 
60 cents.” Mr. Proctor said, “ We don’t have to pay 60 cents.” and I said, 
“ What is it going to go for? ” He said, “ That is for the sheriff to serve notice 
on them to be here IMonday to see why they are challenged.” And that way 
it was dropped. That was two years ago, and I didn’t think it was necessary 
to go around this time, because it might be the same old thing, and I didnt’ do it. 
Didnt’ make any effort to even see the books on that account. 

Cross-examination by Gov. Bickett : 

Q. Mr. Winecoff, you discharged the duties of your office that day just as 
conscientiously as though you had been sworn?—A. I tried to; yes, sir. 

Q. And you assume that your Democratic registrar did the same?—A. Yes; 
except in the things they ran over my protest, Avhich I didn’t think they ought 
to have done. 

Q. You think it would have been the same thing whether they had been 
sworn or not?—A. Yes, sir; I think it would have been the same thing. 

Q. About how many votes were cast there that day?—A. In all? 

Q. Yes.—A. I think I can give you the exact number—1,442 is what I think. 
That is for the Democratic State ticket and the Republican State ticket; the 
two together. The amount of the whole vote cast. 

Q. Took pretty rapid-fire work?—A. Yes, sir; it did. We voted about three 
a minute there for a while. 

Q. Pushing the thing along, so as to give all the voters a chance to cast their 
ballots-—A. That is right, exactly. 

Q. The election officials were pretty busy men that day?—A. They Avere; 
yes, sir. 

Q. When you came to these absentee ballots—you say you commenced to open 
them about 3 o’clock?—A. Yes, sir; around 3 o’clock. 

Q. AVere there many people on the outside?—A. Not very many; wasn’t A’ery 
many people close; a crowd across the street. Avhere A\"e had it roped off. 

Q. Did many people vote that day after you voted those absentee ballots?— 
A, There AA'as a good many; yes, sir. 

Q. You Avere going through Avith tho.se as rapidly as you could, so as to open 
the doors and let people come in?—A. Yes, sir. 


C’AMPBELL VS. IX)UGHTOX. 


473 


Q. If a man came up to vote you would hold up and let him vote, so, ceally, 
you were countings the absentees and letting people vote at practicallv the 
same time?—A. Yes, sir; Ave did. 

Q. Who opened those?—A. Mr. Rahe. 

Q. He was registrar?—A. Yes, sir. 

Q. Who distributed them?—A. Mr. Coggins put them in. 

Q. Did you 'personally examine the ballots—those absentee l)allots—that 
were put in the boxes?—A. No, sir; he had them in his hand, Mr. Rahe and 
Mr. Manley had asked Mr. Murphy in there—he was running for the legislature— 
and he was standing behind ]\Ir. IManley and Mr. Rahe when thev tore them open. 
When I would object to certain men—Mr. Eames. for instance—Mr. INIurphv said, 

You have got a right to vote.” He said, ” You know him.” 

(}. Your attention was natui’ally ahsorl)ed by the <piestion as to wliether or 
not those absentees had a right to vote?—A. That is exactly right. If they ha<l 
a right to vote, and were (lualitied, 1 wanted them to vote. 

(}. You were not especially thinking about particular names on the ballots 
that they were casting?—A. W'ell, when 1 knew the man- 

Q. ^ on knew whetlier he was a Democrat?—A. Yes, sir; and T didn’t need to 
look at it. 

Q. You didn't really look at the ballots?—A. No, sir. I saw the ballots when 
I put them in. T was sitting hei'e I indicating | and Mr. Coggins here 1 indi¬ 
cating!. 

(j. You v;ould not begin to say whether all those ballots that v.ere i)ut in 
there, that you read them to see whether or not they were sraight Democratic 
tickets oi' straight Reiuiblican tickets?—A. No; I would not say all were. 

Q. As a matter of fact, don’t you know that down there in that district, that 
]Mr. Doughton ran oO votes behind the Dtanocratic ticket?—A. He di<l. 

Q. And don’t .von know. also. Mi-. Winecoff, that it was talked ilown there, 
right while these absentee votes were being cast, that ^Ir. Doiighton’s tickets 
were not in the absentee ballots’.''—A. There were about 10 that didn’t have ^Ir. 
Doughton’s tickets in. Didn’t have anybody. One was torn open and some¬ 
body said, “There is no national ticket in here,” and Mr. (’oggins said, “ AVe 
ought to put one in,” and I said, “ No. you won’t put any in : you vote it 
like it is.” 

Q. You say they identified 10 there where there was no congressional ticket?— 
A. Yes; something like 10, 

Q. And you can’t swear, yourself, as to whether or not those congressional 
ballots were in others?—A. The only thing I can swear to. T know they voted 
absentee and Democratic tickets, 

Q. You know, as a rule, it was a Democratic ticket, and you don’t know that 
they voted for Mr. Doughton?—A. Yes, sir; all those I swore to T know voted 
for IVTr. Doughton, 

Q. You didn’t see the ballots, did you?—A. I was right there. T don’t know 
why I couldn’t see them. 

Q. You state now-A, A lot of those didn’t vote alisentee. 

q'. T am talking about absentees?—A. I told you they didn’t all vote for Air. 


Doughton. 

Q. You don’t know how m;iny of them di<l?—A. No, sir; T don’t. 

Q. AVas Air. AA’agner there part of the time?—A. AA’agner? AA^<, sir. 

q’ Yes, sir. A. No; he was at the window when he voted. I don’t remember 

seeing him there any moi-e. Alight have been there. 

Q. AAhisn’t he inside the rail on sevei-al occasions?—A. Not to my knowing. 

O. Assisting? Assisting and insisting?—A. No. I would not say he was or 
wa.sn’t. T don’t remember seeing him but once—when he voted. 

Q. Don’t you remember Air. AA’agner was rtMpiested to vamoose?—A. Sir? 

Q. To get*out?—A. No. sir; T don’t. 

Q. Don’t A’ou remember that?—A. No. sir 
Harvis—and said she would stay as long as 
objected. I said, “ AA>11. I haven’t objected 
the other side have. some. 

Q. Air. AAunecoff, T don't want to take that 
lieve vou want me to do it.—A, Just as you like. 

Q Rut I would like for you to tell me, if you can, how many of those whose 
names you have called here wei-e soldiers or sailors in the AVorld AVar?—A. I 
can’t do it. T am not challenging them on that account. 

Q. T just want to know how many were soldiers or sailors?—A. T don t know. 

The Ruerbaum boys- 


T know a lady Vame up—Airs, 
she wanted to, unless the judges 
to anybody standing around, hut 

list up, name by name; T don’t be- 




474 


CAMPBELL YS. DOUGHTOX. 


Q. You would know them if you went over tlie list?—A. Yes, sir. 

Q. When you get olf the stand, I wish you would mark the names of those- 
who were soldiers or sailors.—A. A lady came up there to vote—a commonly 
dressed lady—and she said, “ Mrs. Harris, is this the place the Repiihlicans 
vote? ” Mrs, Harris said “ No; this is the i)lace where Democrats vote. The 
lady started off and I calleed her back and told hei* of course Democrats and Re¬ 
publicans voted there, and she came back and voted. I don’t know who the lady 
was. She voted the Republican ticket. 

Q. Don’t you know the Democratic .judge ran out and called her back?— 
A. No, sir; he didn’t. No; he didn’t have a thing to do with it. It was a 
lady on the outside said that to her. And I reached my head out and called 
her back, 

Q. That was an exchange of courtesies between the two ladies? When you 
get olf the stand, will you check over your list and write down the names of 
those who were soldiers and sailors?—A. All right; all that I know that were 
soldiers, I will write down. 

Redirect examination by Mr. Holton : 

Q, You are acquainted with all those people?—A. Yes, sir; I am acquainted 
with all those folks. 

Q. How long have you lived in the ward?—A. Ten years the 7th day of last 
December. 

Q. What is your business?—A. I was in the hardware business; in the im¬ 
plement and tractor business now. I travel Rowan, Stanley, Cabarrus, and 
Iredell Counties. 

Mr. R. M. LEONARD, a witness introduced by the contestant, being first 
duly sworn, testifies as follows: 

Direct examination by INIr. Holton : 

Q. Where do you live?—A. South Main Street—724. 

Q. What ward?—A. West ward. 

Q. Do you know A. B, Carter?—A. Yes, sir. 

Q. Do you know where he was on the day of election?—A. I suppose at his: 
home in South Carolina—Greenville. 

Q. How long has he been living there?—A. Twelve or 15 years. 

Q. He has not been here in 12 or 15 years?—A. Not only on a visit. 

Q. Do you know his politics?—A. Yes, sir. 

Q. What is it?—A, Democratic. 

Q. Do you know Jason Bruce?—A. Yes, sir, 

Q. What is his politics?—A. Democratic. 

Q. Where does he live?—A, On Crawford Street—west ward. 

Q. How old is he?—-A. About 24. 

Q. C. A. Peck. Do you know him?—A. Yes, sir. 

Q. Where does he live?—A. On Hill Street—west ward. 

Q. Do you know where he voted?—A. Yes, sir. 

Q.' Do you know his politics?—A. Yes, sir. 

Q, What is it?—A. Democratic. 

Q. You didn’t see him vote?—A. No; I didn’t see him vote. 

Gov. Bickett : 

Q. Did you see any of those others vote?—A. I saw a good many of then! 
go to the polls. 

Q. Did you see the tickets of any of tho.se people?—A. I didn’t examine the 
tickets. 

Q. You don’t know whether they voted the Democratic or Republican 
ticket?—A, I only knew their politics. 

Mr. Holton : 

Q. Do you know D. F. Williams?—A, No; I am not acquainted with him. I 
am acquainted with his people. 

Q. Do you know C. A. Hughes?—A. Yes, sir. 

Q. Do you know his politics?—A. Democratic, 

Q. How old is he?—A. About 22 or 23, 

Q. Do you know Raymond Cousins?—A. Yes, sir. 

Q. How old is he?—A. About 24, 

Q. Do you know his politics?—A. Yes, sir; he is a Democrat. 

Q. Do you know Otis T. Reagan?—A. Yes, sir. : 


CAMPBELL VS. POUGHTON. 


475 


Q. How old is he?—A. Twenty-three or twenty-four. 

(^). Do yon know his ]>olities?—A. Yes, sir. 

(,>. AVhat is it?—A. Deinoeratic. 

Q. Do yon know H. .Tarrett?—A. Yes, sir. 

(,). How old is he?—A. He is ahont 25, T would jndf^e. 

Q. M hat is his polities?—A. T wonld not say positively. He is a young man 
that don t have nineli to say. Hnt I am pretty snre he is a Democrat. His 
father was before him. 

Q. Do you know Hermann Hutler?—A. Yes, sir. 

Q. How old is he?—A. Young man, 22 or 28. 

Q. What is his ])olities?—A. He is a Democrat. 

(J. C. A. Peck—I asked yon ahont him?—A. Yes. sir. 

(^. M'. H. (h'awford—know him?—A. Yes, sir. 

(}. How old is he?—A. T supi)ose 28—something like that. 

Q. What is his politics?—A. Democratic.. 

Q. C. C. .Tarrett?—A. Yes, sir; I used to know him. 

Q. Where is he now?—A. He is dead. 

Q. How long has he been dead?—A. I think two years this spring since he 
died. 

Q. Where did he live?—A. In the west ward for a good many years, and then 
moved to Yadkin, a little village, and died there last spring a year ago. 

Q. This county?—A. Yes, sir; Rowan County. 

Cross-examination by Gov. Bickett ; 

Q. IMr. Leonard, you spoke of one man you said had been out of the State 
10 years?—A. Ten oi- twelve years; I think I said 12 or 15 years. 

Q. How do you know what his politics is, if he has been away 12 or 15 
years?—A. I knew what he was when he lived here. 

Q. You knew 12 or 15 years ago he was a Democrat?—A. When he lived here 
lie was. 

Q. Half a dozen political parties could be destroyed in that length of time. 
Could ri.se and fall and pass into history in that length of time.—A. Sure. 

Q. With respect to these young people, you don’t know anything about their 
personal politics, but .lust simply the politics of their families?—A. No; I 
know the young men. 

Q. Those young men?—A. I know them. 

Q. Have they voted before?—A. Yes, sir; I think so. 

Q. Identified themselves?—A. I couldn’t say about that, but I hear them talk. 
They live close to me. 

Q. As a matter of fact, you know that this year, as never before in any cam¬ 
paign in American history, there was a shifting of political party lines?—A. 
Seemed to be, except in North Carolina. 

Q. They changed everywhere. Don’t you know, as a matter of fact, that'if 
there hadn’t been any changes in this district, with the increased women’s vote, 
etc., Mr. Doughton would probably have been elected by 5,000 ma.iority, instea<l 
of 1,088?—A, No; I don’t know that. 

Q. Would not that have been the natural result, taking his ma.joilty of two 
years ago, and then giving it its natural increase, don’t you know Mr. Dough- 
ton’s majority would have been 5,000?—A. I can’t say it v^ould. 

Q. How much would it have been?—A. I don’t know. 

Q. More than two years ago, would it not?—A. I couldn’t say that, because 
somehow, Doughton’s majority had fallen behind the party. 

Q. Only in Rowan County?—A. I am speaking of Rowan County. 

Q. Don’t you know, as *a matter of fact, that INIr. Doughton ran ahead of hi.s 
ticket. State and national ticket, in every county except Rowan County?—A. 
No, sir; I don’t know that. 

Q. You have heard that?—A. No, sir. 

Q. Taking the district as a whole, didn’t he do it?—A. No, sir; I haven’t 
read that. 

Q. You said just now he ran behind?—A. I think he did, in Rowan County. 

Q. Here in the city of Salisbury? Did you ever hear of his running behind 
in Rowan County except in Salisbury?—A. Well, no; I can’t say that I did. 

Q. The fact that he did run behind in Salisbury has been a matter of very 
considerable comment in political circles, ha.sn’t it? 

(Contestant objects.) 

Q. Don’t you know that he ran right up with the ticket all over Rowan 
County, except in the city of Salisbui-y?—A. No; I don’t know. 




476 


('AMPBKLL VS. DOUGHTON. 


Q. You have heard it?—A. Can’t say I have. 

(}. You know it as well as the reputation of the politics of the people you are 
talking about?—A. Y'ou see when you afe living near a party, you know more 
about them than you do general election conditions. I am a man that don’t 
keep up closely with it, except in our own county. 

Do you know how many of those people you have testified to are sol¬ 
diers?’—A. No; I don’t. I can tell if you call them over. 

(^. Won’t you make a list of the soldiers and hand them in?—A. Y"es, sir. 

Mr. ,J. H. HOBSDN, a witness introduced by the contestant, being first <luly 
sworn, testified as follows: 

Direct examination bj' Air. Houton : 

Q. AVhere do you live?—A. Cleveland, N. C. 

Q. What connection did you have with the election last November?—A. 
Judge of election. 

Q. At Cleveland precinct?—A. Yes, sir. 

C- liepublican judge?—A. Yes, sir. 

AVho was the Democratic judge?—A. Uoss Wood. 

(j. Who ^^as the registi'ar?—A. W. F. Thompson. 

Q. Did Airs. H. F. Bell vot(‘ at that precinct?—A. She sent her vote from 
('haiJotte. 

(). It (‘ame in as an absentee vote?—A. Yes, sir. They had moved to Char¬ 
lotte a few days before that. But they came from Tennessee about 18 months 
before that, and lived in (Meveland u]) until the time they went to Charlotte, 
about a week before the election. 

(y What was their business?-—A. I don't know; real estate business, I believe, 
in Tennessee. But they tlidn't do much of anything there. 

Q. How (lid Airs. Bell vote?—A. Democratic ticket. 

i}. For Air. Doughton?—A. ATes, sir. 

(y Did she have a daughter, Aliss Neta Bell';'—A. Y’es, sir. She voted in per¬ 
son at Cleveland. 

Q. How did she vote?—A. 1 )emo<,'ratic ticket. 

(y Foi- Air. Doughton?—A. Yes, sii’. I challenged Airs. Plell’s voti‘; put a slip 
in the envelo])e to that elTect. and you will find that in the challenges in the 
absentee votes. 

(j. Do you know ^\•here they are-^1 mean the certificates?—A. Sealed them 
up—I don’t know whether he sealed them up or not. But he took charge of 
them. 1 suppose he sent them down here. 

(j. Aliss Neta Bell. Is she a daughter of Airs. BelF.-'—A. A>s, sir. And they 
claimed that she became 21 just a few days before this election. 

(}. Did she i-egistei’ on the day of election?—A. I am not positive a.bout that. 

(j. She was the dau.ghter, and came over with her mother, Airs. B. F. Bell?— 
A. Yes. sii‘. 

(j. What was she staying titere foi*?—A. They hadn't been gone but two or 
three days, and 1 think slie stayed over for tins election, and went ])erhai).s 
tile next day to join her family in (’harlotte. She stayed to vote in iiei’son. 

(}. Airs. Bell is a married lady?—A. Yes, sir. 

WluM’e was her husband'.•*—A. He was there. 

Q. Did he vote'.''—A. No, sir; didn't make any attempt to vote. They all 
came from Tennessee. Said they were from Tennessee. Been there about 18 
montlis iK-'fore the election. 

Q. Do you know .T. B. Jackson?—A. He came from Davidson in .July, and 
was allowed to vote. 

(j. Came from Davidson (’ounty or College?—A. (\)llege. 

(}. What county is that in?—A. In Alecklenburg. 

How did he vote'?—A. Democratic ticket. 

(}. Had he resided there before'?—A. No, sir. He had charge of the teleplume 
business there. 

Q. At Cleveland?—A. Yes, sir. Came there to take charge of it. 

(j. He voted the Democratic ticket'?—A. Y^es. sir. 

Q, For Air. Do\ighton?—A. A"es. sii-. I challenged Airs. Bell’s vote. Put it in 
an envelope—put a slip in the enveloiac 1 told them I was .going to do it. They 
voted her tiny way. He said that he got his reason for that from Air. Gregory; 
that Air. Gregory told him that the'women had become so recently enfranchiseil 
that they were allowed the ssune iirivilege a youn.g man just become 21 years 
of age. I told him the law said you had to be in the State two years before 
you were eligible for registration, and I said T was going to challenge her vote 


CAMPBELL VS. DOUGHTON. 


4 *7 

4 I i 

sii;(l they could send it down here und tiLdit it out; tliey could decide it which- 
(>ver wey they wnnted to. I didn't think they had a rii^ht to vote. said 

^^r. Grefi:ory liad told him that, and tlnat was his reason for allowinu’ it. I 
didn't know there was any special lejiislation passeil to that effect. That is 
Mrs. I>ell I am talkinji' about; hadn’t been in the tSate two years. That is all 
I know, except some i)artiality shown in this re.^i strati on, they claime<l. Went 
around and re.eisteiaal the Democratic women and didn't call on the Ke])uhlican 
women. And one lady came to me and i)rotested about it. She was pretty soiv 
about it. Didn’t think they treate'd her ri,i;ht. T know of several otluns. That 
is all I know. 

(’ross-examination by (iov. Bickett ; 

(^. You didn't see any of tliis partiality on th.e part of reiL'isterinf? voters?— 
A. M'ell. I don't know—yon mean—how do you mean? 

Q. Yon don’t know it of your own knowle(i,a'e. You didn't see ]Mi‘. Thon)])son 
7-efu.«e t<» re.sjT'ster anybody?—A. No ,sir; I didn’t. 

ii. All yon know is what this one woman told you'?-~A. Yes. sir. But T know 
by hearsay- 

i}. You need not tell what other [)eoi>le have told you. 

A. ''i'hat is all I know to be a fact, but I believe tliere were (Uhers. 

(L How many votes were voted at Cleveland?—A. I believe 180, seems to me 
like. That is ri.u'ht around it. 

(L Df those 180 voters, yon say that only three of them were discpialitied 
voters'.''—A. Dr maybe it was 280. 1 don’t know. They have it on record. T 

know they beat ns two to one. 

(). When yon say “ tlu'y beat us two to one,” you mean there were more 
Democratic votes than Kepublican votes'?—A. T will tell yon what I think about 
that. 

Q. Just answer my question. When you say ” they beat us two to one,” you 
simply mean that the T)emocratic votes exceeded the Kei)nblican votes by two 
to one?—A. Tn the count that was made, accepting those votes I told you about. 

Q. Yon don’t mean any miscount'.''—A. They counted that vote I challen,^ed. 

Q. Outside of those three votes that you are talking' about'?—A. Yes, sir. 

(). This is all the objection yon raised to the vote'?—A. That is all. 

Q. You don’t know when Mrs. Bell came to Cleveland'.''—A. Yes, sir. 

Q. How do you remember that?—A. Because I live there; been living’ there 
for years, I can’t tell you the exact date, but I can tell you approximately ; 
within 30 days. 

Q. You didn’t write down on a calendar or diary that INIrs. Bell came to 
(develand?—A. No; I would have been foolish to do that. I know when they 
came; the time of year—about October, 1919, when they moved there. 

(J. What makes you think it was 1919'?—A, Year before last. 

Q. Is it possible that you might be mistaken about that, and that they came 
there in 1.918'?—A. I don’t think so; because I am not only of that opinion 
myself, but I have others’ oinnion about the same thing. I have inquired about 
it also. 

You don’t think yon could be mistaken about that'?—A. I don’t think so. 

You don’t know of yoiir own knowledge where Mr. Bell came from'?—A. 
Except what they said, 

Q. Yon don’t know how long they had been out of the State of Tennessee 
and in the State of North Carolina?—A. Yes, sir; I know it. 

(.). How?—A. Because they told me so. 

Q. Who told you?—A, The girl, for one. Miss Neta told me all about it. 

Q. Mrs. Bell never told you that she hadn’t been in North Carolina two 
years?—A. No, sir, 

(y And Miss Neta didn’t tell you that she hadn’t been in North (’arolina two 
yeaVs'?—A. She told me that she hadn’t been in North Carolina two years. 
She said that she lived in Tennessee for a good many years—I don’t know how 
many—and that they came from that place to Cleveland; said they came from 
Sweetwater to Cleveland. 

Q. The only thing you know about their reshleiice is that they were in 
Cleveland for over a year before they voted'.''—A. About 13 months. 

Q. That is all you know, of your own knowledge, about their residence'?—A. 
That is all. 

Q. This young man, Jackson, came over there in the summer of 19'20‘?—A. 
Yes, sir; July. 

(^ You don’t know whether it was June oi- July?—A. I was told it was in 
July. 



478 


CAMPBELL VS. DOUGHTON. 


Q. You were told that? Mr. .Tack.sou didn't tell you that?—A. No, sir. 

Q. You won’t swear positively whether it was in .Tune or Jul 3 % of your own 
knowledge?—A. No, sir. Said he became 21 just before this, and they allowed 
him to vote on those grounds. I didn’t challenge it at all. Thought I would 
just make mention of it. AVe were discussing it there at the election when 
Rosenberg came in and made a remark about it, and said there wasn’t anj^ 
<luestion about it, and I said we would see. He became 21 after the regisrration 
books were closed. 

Q. And he was permitted to vote?—A. Yes, sir. 

Q. You don’t know whether he was a qualified voter or not?—A. In what 
respect? 

Q. You are raising some objection?—A. No, I wasn’t. I was just telling the 
facts. He may have been right for all I know. I didn’t challenge his vote. 

Q. You didn’t challenge Miss Bell’s vote?—A. No, sir. I challenged Airs. 
B. F. Bell’s vote. 

Q. You didn’t challenge the young lady?—A. No; becau.se she was the same 
kind of a case as .Jackson, except she had come from another State, and .Tacksoii 
had come from another county. 


Redirect examination by Mr. Holton : 

Q. You say you were discussing the qualifications of women being different 
from men?—A. Yes, sir. 

Q. Whom were you discussing that with?—A. With the registrar there; Air. 
Thompson. 

Q. On the day of election?—A. On the day and before. 

Q. Discussing her vote?—A. ATes, sir. 

Q. Those two ladies?—A. Yes, sir. 

Q. And he said because they were new voters they would not have-A. 

Because they had been so recently enfranchised, they were allowed the privilege 
to vote, allowed the same privilege as young men that had just become 21 
before registration. 

Q. And that two years’ residence in the State was not required?—A. That that 
didn’t cut any figure; said that didn’t make any difference; that Air. Gregory 
had told him that. Said he got his instructions from Air. Gregory. 

Q. What does Air. Gregory do? He is chairman of the county board of elec¬ 
tions?—A. Yes, sir. 

(Air. E. C. Gregory called out.) 

The contestant offers subpoena in the case of the congressional contest of 
James I. Campbell i;. Robert L. Dughton. 

“ To J. H. Krider, sheriff: You are herel)y commanded to summon E. C. 
Gregory, chairman of the board of elections of Rowan County, for the election 
hehl November 2,1920, to be present and have with him with the record of absentee 
registration required to be kept by law by him for the county of Rowan for 
the election above mentioned, if to be found in your county, personally to 
appear and be before the undersigned notary public and commissioner of testi¬ 
mony, Alonday, February 28, 1921, at the hour of 10 a. m., at the courthouse in 
the county of Rowan, State of North Carolina, then and there to give testimony 
on behalf of .Tames I. Campbell, conte.stant. in said case. Herein fail not. 

“J. D. Lee, 

''Notary Vutlic and Commissioner of Testimony. 


" Aly commission expires .January 2.5, 1923.” 

On the back, this indorsement: 

“ J hereby accept service of the within subpoena, on this the - day of 

-, 1921. 

“J. H. ICrider, Sheriff.” 


Air. C. G. SOWIilRS, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by AIi-. Hot.ton : 

Q. AVhere do you live?—A. Salisbury: north ward. 

Q. AVere you connected with the election of November 2?—A Yes, sir. 

Q. How?—xV. J was judge. 

Q. AA’ho was the other judge?—A. George Alartin. 

Q. AAJio was registrar?—A. AI. xV. Shank. 

Q. You were the Republican judge?—A. ATes, sir; Republican judge. 




CAMPBELL VS. DOUGHTOIs^. 


479 


Q. I>o you know how many al)spntee votes were cast there that hay?—A. 
Sometlhnjr like 100, the last count we had. I think it was about 94, ami a 
few came in. 

Q. How many Ueinihlican votes were cast there that day—absentee votes?— 
A. I don’t think very many — four, tive, or six—somewhere right along there. 

Q. The remainder were Democratic?—A. Principally Democratic votea 

Q. I mean the remainder? No other party voted for except the llepuhlican 
and Democratic?—A. Not as I know of. 

Q. Well, don’t you know? I want to know whether there were any other 
candidates voted for excei»t those on the Republican and Democratic tickets in 
the absentee vote? Any Socialist votes?—A. No—a couple; coui)le of Socialist 
votes. 

Q. Absentee votes?—A. I don’t think so. 

CN Any other votes cast excejit Democratic and Republican and Socialist?—A. 
That was about ail. 

AVhat else?—A. No absentee votes cast for any party except Democratic 
and Republican. 

Q. You say there were tive or six Republican votes cast?—A. Yes, sir. 

Q. The balance were Democratic’?—A. Best of my knowledge—Democratic 
votes. 

Q. Did you notice the vote of Maj. N. E. Scales?—A. Yes, sir. 

Q. He voted absentee?—A. Yes, sir. 

Q. How did he vote’?—A. Democratic. 

Q. Where did he reside?—A. Well, he was in the west ward. 

Q. He voted in your ward’/ — A. Y’^es, sir; in the north ward. He had been 
living in the north ward, but be had been out of that something like two years. 

Q. Was he on the registration books of the north ward?—A. \"es, sir; he 
was in Greensboro at the time of election. 

Q. He lived here?—A. Y’^es, sir. 

Q. Do you know whether he voted for Doughton or Campbell?-—A. It was a 
Democratic ticket. 

Q. Including ]Mr. Doughton? — A. Yes, sir. * 

Q. Do you know IMiss ^largaret iMartin’?—A. Y^es, sir. 

(y How did slie vote’?—A. Democratic ticket; absentee vote. 

Q. M'here did she live’?—A. In the north ward. She was at Lenoir College 
during the election. 

(}. And sent her ticket from there?—-A. Y"es, sir. 

(5. .1. D. Ridenhour ; know him? — A. AVell, we have a Ridenhour —J. D. — in 
the north ward, but I think he is dead. 

Q. Do you know whether he voted absentee or not?—A. I don’t have any 
recollection. 

(h A. E. Kesler ; know anything about him?—A. Y’es, sir. 

(}. What about him?—A. He left the north ward in the year of 1917, in the 


A. He moved from thei'e to Spencer, from there to 


spring. 

(}. Been back since’?- 
Indiana. 

(y Did he vote absentee that day?—A. Yes, sir. 

How did he vote’?—A. Democratic. 

Did he vote for ]VIr. Doughton’.'—A. I think the whole ticket. 

.1. H. Mingus; how about Iiim? Do you know him?—A. Yes, 

How did he vote?—A. Democratic ticket. 

Absentee’?—A. I think so. 

Did he reside in that wai'd’?—A. He has been gone some time; but 

I can’t state. ^ ^ 

Give us an idea?—A. AVell, I haven’t seen him in a couple of years. I don t 

how long he has been awfiy. 


Q. 

0 - 

Q. 

Q. 

C>. 

Q. 

long, 

Q. 

know 


sir. 


how 


Do you know’ where he w’ent?—A. No, sir; I don’t. 

How did he vote?—A. Democratic ticket. 

T. F. Klut; how did he vote’?—A. Democratic ticket. 

AA’here does he reside’?—A. Salisbury. 

Do vou know’ how’ old he is?—A. No, sir; I don’t know his age. 
r-in von 'Mioss at it’^—A AA’ell, he is a young man; he is of voting age. 

Will l‘e iiahle far i,all tax' fa.' Wlin-May 1, 1919?-A. No; I oa.ildu’t 

swear to his age. . , , , , 

Q. C. E. Combs?—A. He lived in the north wuird; been gone, to my know¬ 
ing. some thi’ce or four years. , i.- i.- i 

<}. AVliere did he go?—A. I don’t know. He voted the Democratic ticket. 


Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 


480 


(WMPBELL VS. DOUGHTOX. 


Q. Do you know Joe Steadman?—A. No, sir; I don’t. 

Q. L. A. Sliuinan?—A. Don't know him. 

Q. Don’t know how lie voted'?—A. No, sir. 

i}. W'illiani Phillips: know how he voted'.-'—A. Democratic ticket. 
ii. I >id he vote absentee ticket—A. In person. 

H. \V. Lee; how did he vote'?—A. 1 think he vot(*d in person. 

Dow did he vote'?-—A. Democratic ticket, I think. I would not be positive. 
Q. How old is he'?—A. Oh, 1 would suppose somewhere close to 25. 

Q. Dow old is Mr. M’illiam Phillips';—A. M'ell, I would supiiose him to be 
somewhere near 40. 

Q. \y. S. ^McSwain : do you know him'?—A. Yes, sir. 

Q. And W. M’. McSwain'?—A. Yes. sir. 

Q. Dow old are they'?—A. They are between 20 and 30; somewhere like that ; 
21 and 30. 

Q. Dow did they vote'?—A. All voted Democratic ticket. 

Q. All—how many'?—A. They voted in person. 

(y U. (’. iNIcSwain. Do you know Inm'/-—A. Yes, sir. 

(.y IVhere is he now?—A. I don't know where. 

Cy Is he living: here’?—A. 1 think so. Their father lives here. I think they 
all stay at their father's. Best of my knowledge. 

(y Dow did he vote?—A. Democ-ratic ticket. 

(y ('lift(»n (^uinn. How old is he'.-'—A. Well, I would sujipose him to be 25; 
somewhere along there. 

Cy Do you kiu)w how he voted*?—A. Democratic ticket, 
ly E. V. Arey?—A. Don't know him. 
ty John C. Busbee'?—A. Don't know him. 

(y You know the law.ver. John C. Busbee?—A. No, sir; I don't know him. 

(.y L. B. Joyner*?—A. Don't know him, either. 

(y Dr. B. \V. McKenzie. Know him?—A. Yes, sir; I know him, 

(.y How did he vote'?—A. Democratic ticket, I think. 1 would not be positive, 
but I think it was a Democratic ticket. 

(y How old is he’?—A. Well, he is somewhere about '25, I would say, or more, 
cy L. H. (’lenient, .jr. Do you know him?—A. Yes, sir. 
cy Dow did he vote*.-*—A. Democratic ticket, 
cy How old is he'?—A. About 21. I don't know exactly his age. 
cy 1 want to know whether he was 21 years of age in May, 1919?—A. I 
couldn't swear to that. 

(>. Do you know how he voted'?—A. Democratic ticket, 
cy J. H. Lyons, jr. Know him'?—A. Yes, sir. 

(y How old is he'?— A. 1 would suiipose him to be about 25. 
cy How di<l he vote'?— A. Democratic ticket, 
cy Do you know (\ H. Barrier?— A. No. 

cy Does he reside in that ward?—A. I don't know whether he does or not. 
I don't know him. 

cy Hoy Kincaid?—No, sir; I don’t know him. 

cy Have you made inquiry for him?—A. Yes, sir. 

cy D. (). IMiller. Know him?—A. No. sir; I don’t know him there. 

cy B, S. Skinner?—A. Don't know him. 

cy F. ]M. Felter?—A. Don't know him. 

C>. N. H. Spry?—A. Don’t know him. 

cy K. IM. Payne? Know him?—A. Well, we have some Paynes very close to 
us, but I don't know their initials. 

cy Martin Keller'?—A. Don't know him. 

cy W. P. Parton?—A. No, sir. 

cy W. T. B. Daniels?—A. Don’t know him. 

Q. E. L. Jones?—A. Don’t know him. 

C^. Have you made inquiry for all these people?—A. Y"es, sir; we have asked 
about them, but I failed to find anyone who knew them. 

Q. Thomas Baker?—A. Don’t know him. 
cy Z. P. Smith?—A. Don’t know him. 

cy Joseph -?—A. Don’t know him. 

cy E. M. Russell?—A. Dont’ know him. 

Q. E. W. Barker?—A. Don’t know him. 

Q. S. B. Rablon?—A. Don’t know him. 
cy E. L. Davis?—A. Don’t know him. 
cy J. T. Brown?—A. Don’t know him. 



* 

V 


CAMPBELL YS. DOUGHTON. ! ' 481 

Q. U. E. Deadniaii?—A. No. C' 

Q. M. O. Leslie?—A. No. * 

Q. N. C. Wallace?—A. No. .. 

j Q. .1. I>. jMorris?—A. No. 

Q. L. T. Cress?—A. Don’t know hi in. 

Q. U. K. Knssell?—A. Don’t know him. 

Q, C. M. Gray?—A. Don’t know him. ■ 

ii- S. C. Carriher?—A. Don’t know him. 

Q. V. M. Canhle?—A. No. 

Q. Iloss Evans?—A. Don’t know him. 

Q. Clyde Widner?—A. Don’t know him. 

Q. Sam t]llis?—A. Don’t know him. 

Q. Richard Henderson?—A. There is a Richard Henderson. I have heard of 
him. I don’t know whether he lives in my ward or not. 

Q. Thomas .I. ^liller?—A. There is a Ricluird Henderson—I think the Richard 
Henderson that lived in the north ward was a brother of John S. Henderson. 
He is dead. 

Q. How long has he been dead?—A. I would suppose two or three years or 
more. 

Q. Where did he live?—A. In the north ward. 

Q. He had been voting there?—A. This was his ward to vote in. He lived 
between the railroad and the main street. This was his ward. The only Richard 
Henderson I ever knew. 

Q. Thomas J. Miller?—A. Don’t know him. 

Q. Luther Moore?—A. Don’t know him. 

Q. P. W. File?—A. Don’t know him. 

Q. Jerry Vanderpool?—A. Don’t know him. 

Q. Rev. William Ragner?—A. Don’t know him. 

Q. L. E. Pennington ?—A. Don’t know him. 

Q. Thomas Harris?—A'. Don’t know^ him. 

Q. G. W. Rufton?—A. Don’t know him. 

Q. W. T. Dabnej’?—A. Don’t know him. 

Q. J. R. Kesler?—A. I think he is a son of this A. E. Kesler. 

Q. Where does he live?—A. MTth his parents. He was in the Army. 

Q. Did he vote here?—A. I think he was an absentee, as well as I recollect, 
I would not say positive. 

Q. H.B. Buford?—A. Don't know him. 

Q. Have you examineil the poll books to see whether these names are voted 
by absentee votes, or how?—A. No, sir. 

Q. What investigation have you made to ascertain the location of these 
voters?—A. Well, 1 have not made a great deal—only some imiuiries about 
them. I couldn’t find out much information about them. 

Q. Did you hear anything at all of them?—A. Not a great sight. 

(}. What did you hear?—A. AY ell, I didn’t hear anything more than a lot 
of them had voted absentee votes without paying ])oll, etc. 

Cross-examination by Gov. Bickett : 

(}. You live in the north ward?—A. Y'es, sir. 

Q. What is your regular business?—A. Well, beef business; trading. 

Q. You spend a good deal of your time around in the country?—A. Yes, sir; 
I am in the country a great deal more than in town, while I live in town. 

Q. You deal some in timber*^—A. No; I dont deal in timber; I am what you 
would call something in the shape of a pe<ldler or huckster; and also deal in 
beef cattle. 

Q. You have not, of course, had any means of keepinjt up with the people 
who come to Salisbury from all over the Unitetl States and all over the world? 

That isn’t in your line?—A. Not my line of business. I have about all I can 

do to look after myself. 

(}. Don’t you know Air. Rjigan is Catholic - here?—A. No. 

Q. You don’t know that?—A. No, sir. 

Q. You spoke about a Mr. Busbee. Don't you know he is a lawyer?—A. I 
have heard of him but I am not acquainted with him. 

(}. If he is a lawyer, you haven’t found it out'/—A. No, sir. 

Q. Sometimes they do keep it a secret, that they are lawyers. This Richard 
Henderson—vou I'emember he had a son named Richaid Ilendeison that 
(]iedv_A. I have no recollectifni of it. I only knew the old gentleinan. 


57005—21 


31 




482 


C’AMPBELL VS. DOUGHTON. 


(}. He was a civil enj?ineer?—A. Yes, sir. IVIiglity nice man. 

How many votes did yon have down there—how many voter.s in that 
ward?—A. It was riglit at 1,200—riglit close. I couldn’t say exactly—best of 
iny knowledge. 

Q. Yon didn’t read the ballots that were ca.st by those people, did yon?— 
A. ^^'ell. when they -was handed to me I could see, principally, what they 
were—Democratic or Republican ballots. 

(}. And yon saw that in a general way; but yon couldn’t tell whether a 

man voted for .T. Bryan Grimes, secretary of state-A. There was very 

little scratching on it. 

Q. l^on could not remember—who was the Republican candidate for secre¬ 
tary of state, do you know?—A. 1 don’t remember. 

Q. You and I are exactly together on that; I don’t either. So that if you 
were really called upon to testify whether or not a man voted for .T. Bryan 
Grimes or the other man, you would not know?—A. AVell, they were Demo¬ 
cratic tickets, principally, to the best of my knowledge. I never took up time 
to tind out the scratching on them. Principally Democratic tickets. 

(}. There was some considerable shifting, so far as the congressional vote is 
concerned?—A. Some. 

Q. Yes; don’t you i-ememher that Air. Doughton ran forty-odd behind his 
ticket, and Gampbell ran forty-odd ahead of. his?—A. I don’t remember how 
many. Theiv was some ditference, hut I don’t remember how much. 

Q. Don't you remember that Dr. Gampbell ran 47 votes ahead of his ticket?— 
A. I don’t i-ememher whether he ran 7 or 47, but there was some difference, 

Q. And Air. Doughton ]-an 40 votes behind his ticket?—A. He ran behind his 
ticket. 

Q. If that was so, then evidently not only not voting for Mr. Doughton but 
wei’e voting for Di\ Gampbell?—A. I guess so. 

Q. Bound to be so; isn’t it?—A. Some voted for Gampbell, I guess. 

Q. Don’t you remember hearing it commented that the absentee votes didn’t 
contain any votes for Mr. Doughton?—A. Some; I don’t recall how many. 

Q, There was talk about Doughton’s ballot not being in there?—A. There 
\Vas some that didn’t have them in—I will admit that. I don’t know how 
many. 

Q. Do you know how many of those people were soldiers?—A. No, sir; I 
don’t. 

Q. Of those people whose names were called there?—A. No, sir. 

(}. You would not know if their names were called?—A. No. sir. 

Redirect examination by Air. Holton : 

Q. A"ou say you don’t know who was on the Republican ticket for secretary 
of State? I understood you to say that.—A. No; I don’t know as I recall. 

Q. You could tell the tickets by the candidates for governor?—A. Yes, sir. 

Q. Yo\i knew Air. Alorrison was Democratic candidate?—A. Yes, sir; he was 
on'the Republican ticket for governor. 

Q. On the Rei)ublican oi* Democratic?—A, On the Republican—not Alor- 
rison—Parker, I should have said. 

Q. Alorrison for Democratic-A. Alorrison for Democratic and Parker for 

Republican. 

Q. And Lee Overman on the Democratic ticket for Senate?—A. And you on 
the^Republican ticket for Senate. 

Q. You didn’t see any s(a-atelling in the absentee vote?—A. A’ery little. 

Q. How many of the absentee envelopes did not have Air. Doughton’s name 
in them?—A. I don't have any re(*ord of it. I don’t know. There was some, 
but I don’t know how many, 

(}, Some that didn’t liave Doughton’s ticket in them?—A. That didn’t have 
a congressional ticket in them at all. But I don’t know how many. 

Q. Do you know who the Republicans were that voted absentee ballots?— 
A. R. A. Kohloss’s two boys and young Rendleman and young Emerson, and 
there might have been another or so, but I have forgotten. I knew them. 
About all I knew. 

Air. AI. Ia barker, a witness previously inti’oduced by the contestant, 
being recalled, testified as follows: 

Direct examination by Air. Holton: 

' O, Have ^■t)U got the registration book for the north ward?—A. Y^es, sir. 

q! For the election of if)20? November 2?—A. Yes, sir. 




CAMPBELL VS. DOUGHTON. 


483 


Q. How many books are there?—A. .Tnst one registi’ation book. 

Q. Have yon got the poll l)ook for that ward?—A. Yes, sir; two. One for 
men and one foi* women. 

0. They kept them separate?—A. Yes. sir. 

Q. How do yon know which-A. Written on there: “ Men.” “ Women.” 

Q. How do you know the jxdl book?—A. It is designated as the poll book. 

Poll book north ward precinct, Salisbury Township. IMen.” “ Women. Poll 
book north ward precinct, Salisbury Towmship.” 

Q. Was that returned to your olhce?—A. Yes. sir. 

Q. How about the registration book; how is that identitied?—A. This one is 
marked “ Women.” Hei-e is registration book for the men: ” Men. llegistration 
book north ward ])recinct, Salisbury Townsliii), Itowan County. November, 1916, 
to November 2, ]920.” ” Women. Registration book, north ward precinct, 

Salisbury Township, Rowan County. November 2, 1920.” 

(The contestant offers these records for reference in the taking of testimony, 
to be read in the record, to be returned to the register of deeds for his tiles. 
In the custody of M. L. Karkei-, register of deeds for Rowan County.) 

Q. Have you got any others here with you?—A. West ward. I identitied 
those yesterday. That is the only one in Salisbury proper. 

(The contestant offers the records of west ward in the same manner as those 
of north ward.) 

Q. Have you any othei's?—A. I have Spencer precinct. 

((’ontestant offers registration book and ixdl book of Spencer precinct, Salis¬ 
bury Township, Rowan County, as above.) 

Mr. .T. I). DORSETT, a witness previously introduced by the contestant, Iteing 
recalled, testified as follows: 

Direct examination by Mr. Holton: 

Q. You testified about certuin names not ai)pearing upon the certified list 
of poll tax paid for the year 1919?—A. Yes, sir. 

(}. By the sheriff of the county the other day?—A. Y'es, sir. 

Q. Have you any corrections to your testimony on that?—A. Yes, sir; on the 
back of the li.st that I got from the clerk's office is a page for delinquents; 
people that later on paid their taxes. I want to make some corrections as to 
that. 

Q. Give the names of those you desire to correct.—A. (\ L. Burton, Ralph 
Cates. W. W. Eller, P. L. Liske, L. IMock. .1. L. Thornton, and M. A. Grubb. 

Q. They were reported as having paid their poll tax?—A Yes, sir; they were 
bac"k on the delinquent page is how I missed them. The others were in rotation, 
alphabetically. These delinquents were on the back page. 

Q. Do you know Joe Steadman?—A. Yes, sir. 

(5. Where does he live?—A. At Spencer. 

Q. How did he vote?—A. Straight Democratic ticket. 

Q. How long had he been in the precinct?—A. Well, possibly six months: 
not very long. P'ormerly lived in Salisbury, then moved to Spencer, then moved 
from si)encer to North Wilkesboro. Stayed there a year. Then came back to 
Spencer possibly six months before tbe election. 

l\Ir. J. A. GASKEY^, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Dii-ect examination by Mr. Ai)a:m;s : 

Q. What precinct do yon live in?—A. Rowan. 

(). Rowan County?—A. Yes, sir. 

(). Wliei-e did you vote—Grants Creek?—A. Yes, sir. 

Q. Who was your registrar?—A. Mr, Cress, 

Q. I\ J. Cress?—A. Yes, sir. 

Q. Did you see him on his round registering i)eople?—A. No, sir. 

Q. Did he come to your house when he was registering other people?—A. 

Y"es, sir. 

Q. Did he register .a’ou there?— A. N<). sir. 

Q Did he put vour name on the book?—A. Yes, sir. 

AVell, what' question did he ask .von after he put your name on the 

book?_A.’He asked whether I was voting the Democi-atic ticket. I told him 

1 Avasn’t, and he put me umler an examination then. 

(J. Did he take .A’our name off after you took the test?—A. Yes. sir; scratched 

it off. 



484 


C'AMPBKLL VS. DOUGHTOX. 


(}. And then i)nt it l)ack on election day?—A. Yes, sii’. 

(}. And let yon vote?—A. Yes, sir. 

(^. Any other Itepiihlicans livinjr close aronnd yon—any of yoni’ relatives liv- 
in.ii: close around there?—A. No, sir; jiohody hnt myself. 

(^, Yoin- father votes the Democratic ticket?—A. Yes, sir. 

Q. He came there and rejjistered i)eoi)le?—A. Y'es, sir. 

Q. He thought you would A'ote the Democratic ticket also?—A. es, sir; 1 

guess so. 

Cross-examination by Gov. Bickett : 

Q. You are one of those i)eoi)le that didn’t follow family politics, aren’t 
you?—A. I guess I am. 

Q. Lots of them around through the country this yeiir, wasn’t there? Youngs 
men and young women going to the polls for the tii-st time voted exactly the 
way they pleased?—A. I guess that is right. 

Q. If they wanted to follow their family, gll right; if they didn’t all right?— 
A. Yes. sir. 

Q. Tliat was happening all over the country? Is that so?—A. I couldn’t say 
about that. 

Q. Didn’t anybody tuim you out of the church because you di<ln’t follow your 
family in politics, did they?—A. No, sir. 

Q. You say this Democratic registnir came down there?—A. Yes, sir. 

Q. He first put your name down?—A. l^es, sir. 

Q. Then scratched it off?—A. l"es, sir, 

(}. Then put it on again?—A. Yes, sir. 

Q. Sort of a case of off again, on again, gone again—wasn't that the way of 
it? This registrar started out right by putting your name down?—A. Yes, sir. 

Q. Then fell from grace?—A. Y’'es, sir. 

Q. Then got religion again, and had it the last time you heard of him. 

Redirect examination by INIr. Adams ; 

Q. Did he apply any educational test before he put your name on the hook 
the first time?—A. No, sir. 

Q. Then after he found out your politics, he applied the test?—A, Yes, sir. 

(The hearing takes a recess until 2.30 p. m.) 

Pursuant to adjournment, the hearing reconvenes at 2.30 p. m. 

Hr. NEELY LISKE. a witness introduced by the contestant, being first duly 
sworn, testified as follOAVs; 

Direct examination by Hi‘. Holton: 

(}. Where do you live?—A. Morgan Tonwship. 

(). No. 1 or No, 2?—A. No, 1. 

Q. "W'ere you the registrar there at the last Novembei’ election?—A. Yes, sir. 

. Q. Do you know how many absentee votes were cast at that box?—A. Twelve 
or thirteen; I am not positive. 

Q. Where are they—the certificates and envelo]>es?—A. I carried them home 
after the election, and so far as T know, they are there. To the best of my 
knowledge, they are. 

(j. Yon didn’t retui-n them to the county authorities?—A. No, sir. 

Q. How many of those were Democratic?—A. I never noticed, b\it from my 
nwo belief. I think they was all; as well as I remember. 

(}. They contained Democratic tickets?—A. Yes. sir. 

(}, INIr. Doughton’s name in all'?—A. I couldn’t swear. I took them out of the 
envelopes and handed them to the judge. I never noticed. Joseph W. INIiller 
was the Democratic judge and E. G. Shaver the Republican. 

(}. Who ])ut the tickets in the congressional box?—A. Probably one stood at 
the national and the othei* at the congressional and townshihp l)oxes. 

]\li‘. E. H. BEAN, a witness i)reviously introduced by the contestant, being 
fii-st duly sworn, testified as follows; 

Direct examination by INIr. Holton : ' 

Q. INlr. Bean, have you before you the poll books for the north ward of Salis¬ 
bury?—A. Yes, sir. 

(y Will you turn to No. 359 of that ward?—A. Yes, sir. 

Q. Whose name is that?—A. Joe Steadman. 

Q. As having voted in that ward?—A. Yes, sir. 


(’AMPBfc:LL VS. DOUGHTON. 485 

(}. Ma.j. Scales—you don't know anytliint; about bimV 41.*)V—A. Yes, sir; 
X. K. Scales. 

(1. 1)0 yon Iviiow where lie livesV—A, W hy. lie lived heiv some time last .vear 
iind went to make his home with some of his iieojile in Greensboro; last sjirinjj:; 
early in 1919. 

(}. W hat wal'd did he live in when he lived here?—A. W'est ward. 

Mr. Bean, do yon know J. 1). Uidenhonr?—A. I knew a yoniiit boy, .T. 1). 
Kidenhoni’. bnt I haven’t seen him lately. 

(^. How old was he?—A. He is under 30. 

(,). 3 hat don t tell anythin';: mii;ht be t^\■o.—A. Between 2o and 30. He has 
been a travelinj; salesman for some years. 

Examine the tax-])aid list returned by the sheriff and tell ns whether or 
not his name appears upon that list? Have yon examined it'?—A. Yes, sir. 

(). Is it on there'?—A. No, sir. 

How lon^' has he lived in this ward'?—A. W'ell, T don't know bnt what the 
boy was born in this ward. 

(i. Been there for the last year or .so'?—A. Oh, yes. 

(^. W as he there in ]May. 1919'?—A. I don't know whether the boy has been 
livinj; there for the last .several years or so. 

(). Where did he live when yon knew him'?—A. In the north ward. The one 
I am siieakiip; of—J. D, 

(J. W'here does the iioll book show that he voted, if he voted’?—A. North 
ward. 

A. E. Kesler?—A. I*oll book shows he voted in the north ward. 

How long has he lived there—A. Mr. Kesler has lived at .‘several different 
])laces in town, bnt he hasn't livcnl there in sevei'al years. Went to Ohio several 
years ago. 

Q, Does he live there now?^—A. I heard some time ago that he was back in 
town, or in Spencer. 

(y How long ago'?—A. A few weeks ago. Heard someone talking about him 
being back. 

(y How old is he';—A. He is ma.vbe 4.’) or 50. 

(y Do yon know Joe Steadman’.'*—A. Yes, sir; I know ?Mr. Steadman. The 
•one I know is an engineer, and I haven’t seen him bnt once or twice in several 
years, 

Q. Felix Bradle.v’?—A. Felix Bradley lived here some years ago—two or three 
■or four. He married and went to Virginia. 

Q. Yon .sa.y he has resided in Virginia'?—A. Yes, sir. 

i}. How long since he has lived in North Carolina’?—A. Two or three years. 

fy Did you say he was dead?—A. No, sir; he resides there. 

(y Do yon know his politics'?—A. His family are Democrats. 

Q. J. H. Mingus’?—A. No poll tax paid for him. 

Q. From the certificate of the sheriff?—A. Yes, sir. 

Q. Do yon know whei-e he resides’?—A. Lived here some years ago. He was 
chief of police at Lexington. Some weeks befoi-e Christmas he was keeping a 
hotel at New Bern, I heard. 

Q. How old is B. F. Klntz, jr. ?—A. About 45. 

Q. Was his poll reported paid by the sheriff?—A. No i)Oll tax i)aid. 

(,), Was he a resident of the county?—A. Has not been here in 8 or 10 years, 
•or maybe longer. 

Q. Where did he reside when he was here?—A. In north ward . 

(y What was his politics?—A. Democratic. 

Q. G. E. Combs? How old was he’?—A. He is over 50, Been in Alexandria 
and Washington three or four or five .vears. 

Q. What is he doing there?—A. He is a mechanic. 

(}. Have his family with him?—A. Yes, sir. 

(}. L. A, Shuman?—A, I don’t know him. 

Q. S. J. Horton?—A. No poll tax paid for him, and he has not been here for 
some years. Went to Stanley Connt.y. 

Q. How long since he lived here?—A. Three or four years, or maybe more. 

Q. W. J, Allen?—A. Mr, Allen has not been here for 8 or 10 years; no pol Itax 
I)aid for him. 

(y How about the record showing whether he is on the poll book?—A. Yes; 
shows that he voted. 

Q. All those yon have called shows that they voted’?—A. Yes, sir. 

(F Do yon know what the politics of INIr. Horton is?—A. Democrat when he 
lived here. 


486 


CAMPBELL VS. DOUGHTON. 


(>. All of these Deiiioernts?—A. Yes, sir. 

Q. Allen a Deiuoerat?—A. Yes, sir. 

Q. Do you know .1. P. (JihsonV—A. I never knew hnt one .T. P. (fihson, and 
lie was depot ajtent. He has been dead 8 or 10 years. 

Q. Is he on the poll hook?—A. He is on the poll hook. 

Q. As havin.u' voted?—A. Yes, sir. 

(^. 1)0 you know what his ])olities was?—A. Deinoeratic. 

Q. Does the iioll hook show how he voted—whether hy the ah.sentee method 
oi- in person?—A. You can tell whei-e the absentee he.ii'ins. 

Q. How can you toll?—A. Well, they run aloni; continuously; no poll tax: 
paid. Occasionally, some (lualilied voter, perhaps, stepped up to tlie window 
and voted. 

Q. How did Gibson Vote? Ah.sentoe oi* how?—A. lii.sht along’ in that list. 

(}. Absentee list?—A. Yes, sir. 

(J. Douglas Collins?—A. Yes, sir. 

Q. How old is he?—A. Twenty three or four years old. His father and 
mother left here some thi-ee years ago, I guess. AVent to Adrginia. He was 
in Alaska the la.st time I heard. 

Q. Was his ]K)II tax paid?—A. No, sir. 

Q. What is his politics?—A. His family is Democratic. 

i}. Did he v(»te hy ah.sentee. or how?—A. In that list; right along there. 

(i. In that absentee list?—A. Yes, sir. 

Q. G. S. Hoylon?—A. He is a young fellow, about tweiity three or four; a 
chum of ]Mi’. (’ollins. His mother left here some years ago. She is matron 
in some institution in the westeini part of the State. 

Q. Did he vote as absentee?—A. Itiglit in that list. 

(). Do you know his politics?—.V. No, sir. 

John P>oyd?—A. He is between 2(5 and .30. I su])pose. 

(,}. A\hat is his polilics?—A. I)emoci’atic. He left hei'e last summer some 
time. No poll tax paid. 

ii. Did he vote in the ah.sentee list?—A. Yes, sir. 

Did Hoyd have a family?—A. He has now. Came out in the paper he 
was secretly married last spring. 

(}. Where is he?—A. South Carolina. 

(^. (’. O. P>rown? AVhat about him?—A. No ])olI tax i)aid. 

Name on the list as having votetl?—A. Yes, sir. 

(J. AVhat is his ])olitics?—A. Democratic—-Democratic family. 

Mdiere did he live in 1910—May, 1919?—A. AVell, I don’t know whether 
he was in Salisbury or not. He came in the summer of 1919 and lived in 
the west ward. 

(^. Where did he come from?—A. (’ame from Charlotte; family lived here; 
born and raised here. 

Poll tax i)aid?—A. No, sir. 

(j. Mrs. L. (’. Hamhley? Know anything alxmt her?—A. No, sir; she is a 
newcomer. She and ^Ir. Hamhley came from the North. 

Q. When did they come?—A. I don’t know, exactly. ’Must have been last 
April. Fifteen or 18 months. 

(>. Do you know how she voted?—A. No, sir. ^ 

Do you know what hei- i)olitics was?—A. No, sir; oidy what I heal'd. 

Do you know the politics of her husband?—A. Yes. sir. 

Q. What was that?—A. Democratic. 

(}. Do you know whether she voted absentee or in ])erson?—A. I do not. 

(^. How is the record?—A. I don’t remember about that. 

Q. A. ^I. Frazier. Do you know him?—A. Yes, sir. 

Did he i)ay a poll tax, on the hooks?—A. No, sir. 

Q. How long has he lived here?—A. Horn here. liived in South Carolina a 
good part of last fall. 

How long had he been in South Carolina?—A. I don’t know. Keen away 
several years. I don’t know how long he was in South Carolina. 

Q. Is he married?—A. Yes. sir. 

(}. Do you know whether he voted hy absentee vote or not?—A. I do not. 

(i. Was he hei-e last fall?—A. He came here last fall. His family has come 
since Christmas. 

Q. Is his name on the poll hook as having voted in the November election?—■ 
A. Yes. sir. 

Q. Any other ward Mdiere his name appears as having voted?—A. In the 
west ward. 


CAMPBELL VS. DOUGHTON. 


487 


Q. 
Q. 
of ill 


On the poll books in the north and 
-Vny other A, M. F'razier hereV—A. 
either ward. 


west wards?—A. Yes, sir. 

No, sir; no other Frazier tJian 1 know 


Q. \\ hat age did yon say he was?—A. Neighborliootl of 35; 30 to 35. 

CL I-i. C. Hainhley.—A. No poll tax paid. 

CL What age is he?—A. Over 35, I should think; 

CL M hat is his ])Olitics?—A. Deinoc'ratic. 

CL Ooes the poll hook show he voted?—A. Yes, sir. 

CL O. C. liouche.—A. I). N. Koiiche. I guess. 

CL Do yon know him?—A. Yes, sir. 

CL ^\ here does he live?—A. In the north ward. 

CL How old is he?—A. Neighhorhood of 30. 

CL Is he on the poll hook?—A. Yes, sir. 

CL As having voted?—A. Y>s, sir. 

CL Did he pay his poll tax?—A. Yes, sir. 

CL M hat is his politics?—A. Democratic. 

CL Do yon knon L. T. Lamhert?—A. Yes, sir. 

CL How old is he?—A. In the neighhorhood of 25. 

CL here did he reside?—A. He resided in the north ward when I knew him, 
ahont a year ago ; when I first knew him. 

C}. 3 he 1st of May, 1919, where did he reside?—A. 1 don't know. 

CL Did he vote—from the poll hooks?—A. Yes, sir. 

CL M hat is his ])olitics?—A. Dmnocratic. No poll tax paid. 

CL illiam iM. Phillips. Do yon know him':'—A. 1 know of him. Know where 
he lives. 

C). M’hat ward?—A. North ward. 

CL IL)W old is he*?—A. Well, I conldn’t judge. P>y seeing him, I would say 
nnder 50; middle-aged man. 

Q. Do yon know his politics?—A. Only hy what people say—Democratic. 

CL That is the general reputation?—A. Yes, sir. 

CL Did he vote'?—A. Yes, sir. Name on the poll hook; north ward; no poll 
tax paid. 

Q. H. M'. Lee. Do yon know him?—A. I know him when I see him. 

Q. Yon don’t know his politics?—A. No, sir. I know the man. Other t)eople 
say he is a Democrat. That is all I know. 

CL That is his reputation? How long have yon known him as a Democrat? 
Did you know that before the electioii'?-—A. Yes, sir; I knew that last fall 
some time. 

CL How old is he?—A. He is a young man—25 to 30. 

Q. Did he pay his poll tax'?—A. No, sir. 

Q. Vote in the north ward?—A, Yes, sir. 

CL I. W. Woodall. How old is he'?—A. I don't know Mr. Woodall. He didn’t 
pay anj' i)oll tax and he voted. That is all I know. 

Q. I'cn don’t know' him?—A. He came here with a paving company, doing 
some W'ork. 

Q. How long had he been here?—A. Some time last year, 

CL Where did he coine from?—A. South C^arolina. 

Q. Did you hear his associates in business talk of him?—A. No, sir, 

Q. He paid ho poll?—A. No poll paid. 

Q. W. S. McSwmin. Know' him?—A. Yes, sir, 

Q. Where did he live?—A. North ward. 

Q. Whht is his age?—A. Neighborhood of 25 or more. 

CL What is his politics?—A. Democratic. 

CL W. McSwaih?—A. Thev are brothers. He is in the neighhorhood of 
25. 

Q. Did he pay his poll tax ?—A. No; neither ohe. 

Q. He voted in north ward?—A. Yes, sir. 

CL You mean you looked over the poll list?—A. Yes, sit. 

Q. You w'ere not there and saw him vote?—A. No, ho. 

Q. H. McC. Lewdlyn?—A. T\vehty-live to thirty. I saw him in his place of 
business. 

Q. Do you know' his hhlitics?—A. I have heard others say he is a Democrat. 

Q. Is his name on the poll book*?—A. Yes, sir; he voted. No poll tax ptiid. 

CL Tell his age'?—A. I did. 

Q. Clifton Queen. Know him?—A. Yes, sir. 

Q. What is his age?—A. Under 30—hetw'eeil 25 and 30. 

Q. On the poll book?—A. On the phi 1 hook and lio poll tax paid. 

CL Know his politics?—A. Democratic family. 


488 


(WMPBELL VS. DOIKIHTOX. 


Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q 


E. B. Arey?—A. Yes, sir. 

Whose son is he?—A. He came from Iredell Comity. 

Go ahead.—A. About 35 or more. No poll tax paid; voted; Democratic. 

R. H. Pearson. What is his politics?—A. Democratic. 

How old was he?—A. About 30; maybe a little more. 

On the poll book?—A. Yes, sir. 

Poll tax paid?—A. No, sir. , , , . t> .-i 

How lonj^ had he lived in that ward?—A. I really don t know. P>een theie 


three or four- 


Was he there in 1919?—A. Yes; several years. 

.John C. Bushee. Know him?—A. Slightly under .30. 

Did he vote in the north ward?—A. He is on the iioll hook. 

Did he pay his poll tax?—A. No, sir. 

What is his politics?—A. Democratic. 

L. V. .Toyner?—A. Slightly under 30, 1 should say. No poll tax; on the 
poll book. 

Q. Did he vote in the north ward?—A. Voted in the north ward. 

What is his ])olitics?—A. Democratic. 

B. W. :McKenzie?—A. Between 25 and 30. 

Pay his poll tax?—A. No poll tax paid. 

How long had he lived in that ward?—A. I really don’t kn(»w. He ^^as 
there last year. 

Q. Year before last?—A. 1920. 

Q. How about :May 1, 1919?—A. He wasn’t here then. He was in the service. 
Q. Was that his home?—A. Not that ward then. He came back and married 
and went into that ward. Lived there a while, and has got in his original ward. 
Q. Any poll tax i)aid?—A. No, sir. 

Q. He was living in the county?—A. Yes, sir. 

Q. B. G. McSwain. How about him?—A. Neighborhood of 25; no poll tax 
paid; Democratic; voted in the north ward. 

Q. Been in the State long?—A. Not this last time; out several years; year or 
more. Come back last year. ^ ' 

Q. L. H. Clement, .jr. ?—A. Neighborhood of 2.5; between 2.5 and 30, I should 


Q. 

Q. 

Q. 

Q. 

Q. 

Q. 


Q. 

Q. 

Q. 

Q. 


say. 

Q. Pay any poll tax?—A. No poll tax paid. 

Q. He voted?—A. Yes, sir. 

Q. What is his politics?—A. Democratic. 

Q. Charles Parker. How about him?—A. Neighborhood of 25 to 30. 

Q. Did he pay poll tax?—A. No, sir. 

Q. Did he vote?—A. Yes, sir; north ward; Democrat. 

Q. D. ]M. Beardsley. Do you know him?—A. No. sir. I have seen him several 
times. 

Q. Did he vote?—A. Yes, sir 

Do you know his politics?—A. Only what others said. They said he was a 
Democrat. 

Q. Was his ])oll tax paid?—A. No, sir; no poll paid. 

Q. W. P. Quinn?—A. Neighborhood of 25 to 30; no poll paid; voted; Demo¬ 
crat. 

Q. W. Trent Ragland. Do you know him?—A. Yes, sir; I know him. Neigh¬ 
borhood of 25. 

Q. Poll tax paid?—A. No poll tax paid. 

Q. He voted?—A. He voted. Politics supposed to be Democratic. I only 
know what I heard. 

Q. When did you hear it—before election?—A. Oh, yes; I heard the boys 
talking a year ago, I reckon. 

Q. J. H, Lyons, jr.; know him?—A. Just know him when I see him. 

Q. How old is he?—A. About 25 or more. 

Q. On the poll list as being paid?—A. No poll tax paid. 

Q. On the poll list?—A. Yes, sir; he voted. 

Q. You don’t know as to his politics?—A. Democratic family; that is all I 
know. 

Q. Do you know Charles L. Shaver?—A. Yes, sir; slightly over 40, I should 
think; about 40. 

Q. Poll tax paid?—A. No, sir. 

Q. He voted?—A. Y^es, sir. 

Q. Know his politics?—A. Democratic. 

Q. Donald Clement; know him?—A. I’^es, sir. 



('A.MPHELL VS. DOUGHTOX. 


489 


Q. Did he vote?—A. Yes. sir. 

Q. Poll tax paid?—A. Xo, sir. 

Q. What is his ap:e?—A. Between 25 and 30; maybe a little older. 

Q. AVhat is his politics?—A. Democratic. 

Q. Here is the name of O. H. Barner. AVonld yon be kind enoiijih to examine 
yonr poll book containing the voters in the north ward—those who voted in 
the north ward—and see if yon can tind him?—A. Yes, sir. 

(). Do yon find his name there?—A. Yes, sir. 

Q. AVhere is it with reference to the absentee voters’ names?—A. Along in 
that list. Yon can tell where all the absentees are. 

Q. O. H. Barner is in the absentee list?—A. Yes, sir. 

Q. Roy Kincaid?—A. Yes, sir. 

Q. D. O. Miller?—A. Yes, sir. 

Q. B. S. Skinner?—A. Yes, sir. 

Q. F. M. Feller?—A. Yes, sir. 

Q. AA\ R. Spry, R. N. Page, Grover E. White, Martin Keller, AV. T. Parker. 
E. B. Daniels. E. L. Jones, Thomas Baker, Z. P. Smith, .Toe McLean, E. M. 
Knssell, D, AA\ Baker. S. B. Rihelin, E. L. Davis, T. .T. Brown, R. E. Deadman, 
M. O. Lesley, N. K AA'allace, J. B. Alanis—yon are watching them?—A. Yes, sir. 

Q. L. T. Cress, R. R. Knssell, C. AI. Groves, S. C. Carriher—how is it on that 
book?—A. Carriher. 

Air. Holton. This is the list of absentee votes. 

Gov. Bickett. There is no evidence they are absentees. 

By Air. Holton : 

Q. B. AI. Canble, Ross Evans, Clyde AATdener, Samuel T. Ellis. Richard Hen¬ 
derson. Thomas J. Alartin, Lnther Aloore, P. AV. File, Gerry A^anderpool, Rev. 
William Regnant, L. E. Pennington, Thomas Harris, G. AV. Rnffner, AA^ T. 
Dabney. H. B. Bradford—do yoir find those names?—A. Yes, sir, 

Q. AAdiere do yon find fhem, with reference to the absentee list in the poll 
book?—A. All appear along there where they have been checked up. 

By Gov. Bickett : 

Q. Are they marked absentees?—xA.. No, sir. , 

(2- There is a notation, “ See absentee. A'oted again.” Any of tliose men 
listed for ]ioll? Have yon examined the tax record?—A. Yes, sir. It was so 
nnnsnal. Some of them I knew years ago. I bunched them. It was a tedious 
.lob. I examined the city direct(n*y, 

Q. r)id yon find any of fliem?—A. Not a one. 

Q. Have yon examined tlie Spencer city directory?—A. Yes, sir; Spencer and 
East Spencer. 

Q. None of those names appeared?—A, No, sir. 

Q. Yon made inquiry and search for them?—A. Yes, sir; asked a good 
many people in the ward. xV good many had been away for years. People liv¬ 
ing there 25 years didn't know them. A good many been gone for years. 

Q. You couldn’t find anything about them?—A. No, sir. 

Q. So yon are unable to find any of those men in the city?—A. Yes. sir. 

Q, Yoii have made diligent search?—xV. Yes, sir. I suppose I have asked a 
dozen j)eople. 

(}, Did yon examine the tax books?—A. That bunch there is not listed. I 
am familiar with the tax book and have looked for them. 

Q. So yon examined all the tax books?—xA. Yes. sir. The list got my 
curiosity up. 

Q. Did yon find any of them on the tax books of Rowan County?—A. No, sir. 

(). As listed for taxes?—A. No, sir. 

Air. AI. L. BARKER, recalled, testitied as follows: 

1 >irect examination b.v Air. Holton : 

Q. Yon are the register of deeds?—A. A'es, sir. 

Q. Have .V(*u the registi-ation and ])oll books for the east ward of Salisbury, 
Rowan County?—xV. Yes, sir. These are the registration and poll books for 
the east ward. [Identilies books.] 

Q. Have yon the registration and poll books for the south ward?—A. Yes, sir. 
[Identifies registration and ]»oll books for south ward. 1 

(The contestant offers in evidence the registration and poll books for the 
east and south wards of Rowan County, for the purposes of reference, to be 
read from by the witness and returned to the register of dee<ls otlice as the 
files of his office.) 


490 


('AMPBELL VS. DOUGHTOX. 


JNIr. DEAN, reeulled, testilied as follows: 

Direct examination by Mr. Holton : 

Q. What is that yon have in yoiir hand?—A. Poll hook of the east ward.^ 

Do yon tind the name of AV. J. Allen on there as liavinj;' voted?—A. V. J. 
Allen. 

Q. Do yon know AV. J. Allen?—A. It is A\ J., AA'. P. Allen’s fathei-. 

Q. How did he vote? How was his ballot cast—absentee or otherwiKe?—A. 
In tills list we didn't check np any poll. 

(Jov. Pickett. The contestee seriously ohjet-ts to any evidence that a man 
cast an absentee vote based upon eviilence that he did not pay his poll tax, as 
there is not the remotest connection between the two propositions. 

(^. Have you got that list, marked “Absentee”?—A. It is not marked 
“Absentee.” 

(]. Is there a list in that book that runs alphabeticall.v'?—A. Yes, sir; alpha- 
lietically. through and through. 

Q. AA’ill you read those names?—A. A". J. Allen, AA'. P. Andrews, L. D. 
Austin—that is three A’s—T. J. Pailey, AN'. H. Pain. J. A. Parker, (). F. 

Parnes, I.. E. Peaker, P. J. Playlock, H. A. Pullen, D. 1*. Cagle- 

(}. I'p there you have in rotation six P's, alphabetically arranged?—A. Y'es, 
si r. 

(y Pegin on the C's.—A. P. D. Cagle, P. AA'. Caider, T. J. Connor, D. A. Cline, 
A. AA'. Coates, Hugh L. Clements—I remember he was checked off; he paid his 
poll tax—Ed N. Coates. 

(y That all the C’s?^—^A. Xo ; there is a lad.v-—Aliss ( ’ranford ; then A. S. Lowe, 
(y How many C's altogether?—A. Xine C's, but three eliminated. 

(y Start <ai the D's.—A. E. I*. IHinston, L. AA'. Davis—here are three, I think, 
all right—one lady and K. P. Davis and AN'. A. Peale. 

(y All right. Xext.^—A. E. P. Denney, Sam T. l>orsett. E. P. Penney again, 
dolm Dwyer. That is all the D's. 

(J. Xow take up the E's.—A. S. M. or T. M. Ernhardt, P. C. Erp, or Ennis, 
(’barles Edwards, D. R. ICpton. D. R. E))ton was checked off. R. AA'. Elmer. 
That is all the E’s. 

(b Co on to the F's.—A. .lolhi Ford, R. A. Coble, T. E. Crimes, C. P.—I can't 
tell what it is—C. P. Cwyn, Reed Hull or Reed Hall, E. V. Hull or Hall, R.'C. 
Harris, J. S. Hendei scm, jr., Leonard Henderson, P. I. Hoffman, AA'illiam Howell. 
.1. Clyde Johnson. Ed AA'. Jones, AN'ill Keegan, Miss Letlie Kearns, IM. AA'. King, 
J. D. Lewis, J. F. Link. J. AI.—run out so you can't tell what it is. 

(y AA'hat is next?—A. H. T. Lewis, AA'. L. Lynn or Lewis. 

(}. AN'hat is next?—A. J. F, INIartin, i\Ii-s. .1. F. ^Martin, ]Mrs. Lelia IMcPheeters, 
J, H, MclMieetei's, John Menins, Paxter L. Morgan, Mrs. Xancy Morgan, J. R. 
iMonroe, J. H. Monroe, Thomas Aluri)hy, jr., A. AA'. INIyers, E. AA^ Nail, Robert 
Nicholson, (’barles Owens, Philip Palmer, C. S, Porter, A. C. Rainby, C. H. 
Rogers. AA'. L. Raid\in. J. P. Rogei-s, AA'illiam RobeiTs, F. F. Smith. “F. S. Smith, 
E, T. Taylor, Edward AA'. A'oung, J. O. AN'liite, jr., AA'. H. AA'hite. There the list 
ends. 

Q. AA'ere they consecutively entered upon the poll books in the order in which 
you called them?—A. A'es, sir; and here and there some of them checked. 

Q. How many ballots voted prior to that, do you remember?—A. Yes, 
sir—541. 

Q. How far do they run down on the poll list'/—A. ; occasionally some 

ftf those clu'cked off. 

Q. AN'hat do you mean by “ checkiTl off”?—A. Ha<l paid poll or were ladies, 
'^rhat list tbei’e are the ones that have been checked. 

(y All on that list in the order in which you called them?—A. Yes, sir. 

(y Xow, T want to go back over the list and take up Mr. Allen. Do you know 
him'/—A. I knew him years ago. 

(}. How long ago did you know liim?—A. T sui)pose I knew him 1900 to 1908 
or 1909. 

(}. Did he live heiT then?—A. Y'es, sir. 

AN'here did he live?—A. The latter part of the time he lived in the south 
ward. He liad lived in several wards. 

(b This is east ward?—A. Yes, sir. 

i}. Ever live in the east ward'/—A. Yes. sir; east and north and south. 

(.y How old was he? An old man?—A. Xo. no : under .50 years. 

Do you find him on the tax-paid list?—A. Xo, sir. 
p. Of the sheriff’s return'?—A. Xo. 



CAINIPBELL VS. POUGHTON. 


491 


Q. Do you know liis politics?—A. Democrat, wlien he lived here. 

Q. Do you kiunv W. P. Andrews?—A. I knew him, but that is about all. 

(}. Does he live here now?—A. I haven’t seen him here in several years. 

Q. Where did he live when he was here?—A. Well, he boarded. 

(}. Do you know what'he does?—A. He was a clei*k. 

Q. In a store?—A. In n store: worked for wholesale houses. I just saw 
l)im ai'ound in stores and saw him soliciting' here. 

Q. How lonj;' afi'o?—A. Two or three years ago. 

Q. Do yo\i know' w'here he went?—A. I do luit. 

Q. li. D. Austin. Do you know' him?—A. 1 don't rememhei 


iMr. Austin. T 
became of him. 


remember there was such a man ; but I don't remember what 
I remember he was on the hooks. 

(}. What hooks?—A. The drug store. 

Q. Did you run a drug store?—A. I did years ago. 

Q. When did he drop out of your site'?—A. I don’t believe I have seen him in 
8 or 10 years. 

Q. What W'as Austins’s politics?—A. I don’t know'. 

(}. T. .T. Baile.v'.''—A. I never knew’ but one T. J. Bailey, and he is probably 35 
years old now*. He w'as here before i)rohibition went into effect. 

Q. What doing?—A. I don’t know'; mixed up in the wdiisky business, I think. 
Around here up to that time. 

Q. Is he'here now'?—A. No, sir. 

Q. How' long has he been gone?—A. Six or eight years or more—12 years, I 
expect. 

Q. Do you know’ his politics?—A. No. 

Q. W. H. Bain?—A. I never knew' him—never heard of siich a man. Perhaps 
I did, but don’t know' his initials. 

Q. J. T. Barker?—A. I never knew him. 

Q. O. F. Barnes?—A. I knew’ Barnes, but haven’t seen him for several years. 
Bather think he is around here. Must be around in the county, or somew'here. 
Q. Did he pay any [)oll tax?—A. No, sir; not on that list. 

Q. What age w'as he?—A. He would l)e under 40—or more, 

Q, How’ much more?—A. Well, he is younger than I am. He w'ould be 
over 40, though. 

Q. How' old are you?—A. Forty-seven. 

Q. L. E. Beakei;. Did he pay poll tax?—A. No, sir. 

Q. Do you know' how' old he W'as?—A. I know' Lon Beaker. You helped send 
him dow’ii to Atlanta. And w'hen he came back he left the county. 

(F How' long since?—A. Well, that was 1907 or 1908. His name was Lonnie. 
I don’t know his initials. 

Q. How' old w as he?—A. I guess 40. 

Q. Did he pay any poll tax'?—A. No, sir. 

Q. According to the record?—A. No. 

Q. What W’as Beaker’s politics?—A. I don’t kiKwv. 

Q. H. A. Bullen?—A. I don’t know’ him. 

Q. D. P. Eagle?—A. Don’t know him. 

Q. E. W. Carter?—A. Don’t know him. 

Q. Ever hear of him?—A. No, sir. 

Q. T. J. Caw’son?—A. I never knew' any Carsons here except tw'o in the w’ell- 
drilling business, and they left three or fo\ir years ago, I never knew’ their 
initials. 

Q. D. K. Cline?—A. D. A. Cline. I suppose. I don’t know’ him. 

Q. A. AV. Coates?—A. Don’t know' him. 

Ever hear of him?—A, No, sir. 

E. M. Coates?—A. No, sir. 

E. P. Duncan?—A. No, sir. 

Know' anything of him at all?—A. No, sir. 

Have you made inquiry?—A. Yes, sir. 

L. AV. Davis?—A. No, sir. 

A\’ A. Deal?—A. No, sir; I don’t know' him. 

E. B. Denney?—A. Mr. Denney has not been here in several years; hotel 

; in charge of a hotel. , . , 

AVhere was he November 2?—A. He has not been here in several yem's. 
Ever live here?—A. A>s, sir; been associated w’ith Air. Somers in the 
Yadkin Hotel. I think he was here a while. 

.John Dickens?—A. Never knew him. 


Q 
Q. 
Q. 
Q. 
Q. 
Q. 
Q. 
Q. 

man 

Q- 

Q. 


c>. 


492 


('AMPHEI.L VS. I)()U(iHTON. 


(i. S. T. J)orsett?—A. INIr, Dorsett lias been away in Washington. The last 
time I heard of him he was in the I’eal-estate business. 

(^. How long has he been there?—A. Six or eight years or more, I suppose. 
ii. Where did he live when he was here?—A. laved in Speneei". I never knew \ 
him to live anywhere else. 

Q. E. B. Denney?—A. That name is there twice. That is the gentleman I ] 
spoke of. j 

Q. He is on the poll book?—A. Yes, sir. 
ii. As having voted?—A. Yes, sir. 
ii. I. N. Ernhardt?—A. I don’t know him. 

(}. Ever hear of him?—A. No, sir. Don't know any Earnhardt by those 
initials. 

(^. B. Z. Eurp?—A. I don't know any Ennis or Enri). 

Q. Charles Edwards'?—A. Had charge of the gas department of the public 
service company and left about a year and a half ago. 

Q. Where has he gone to'?—A. I don’t know. 

Did he pay his poll tax?—A. No, sir. 

Q. How old was he?—A. Thirty or thirty-tive. No one on that list paid his 
poll tax. 

(^. .John Frick'?—A. 1 don’t know any .lohn Frick in the township. 

(}. B. A. Coble'?—A. I don’t know Mr. Coble. 1 may kno^^• him, but not by 
those initials. 

Q. C. I‘. Cwyn?—A. No, sir. 

Q. Heed Hill?—A. Don’t know him. 

(}. S. P. Hill'?—A. Don’t know him. 

(y K. C. Hines'?—A. No, sir. 

(}. .7. I. Hoffman?—A No, sir. 

(y Never heard of him?—A. No, sir; 1 don't know but a few Hoffmans. 

(y William Howell'?—A. No, sir. 

(). AVhat do you mean by “ no, sir ” ?—A. Don't know him. 

(J. Never heard of him'?—A. No; never heard of him. 

Q. J. Clyde .Tohnson?—A. jMr. .Tohnson has been gone several years. Hotel 
clerk. In the South somewhere. 

Q, How old is he?—A. He is slightly under 30. 

Q. Paid his poll tax?—A. No, sir. 

Q. Ed F. Jones?—A. Don’t know him. 

(y Walter Keegan'?—A. Never knew anybo<ly by that name, only a railroad 
man; seiniprofessional wrestler. Haven’t hard of him in some years. 

(y He was here at one time?—A. Yes, .sir; around here. 

(}. A^'here did he stay when he was here?—A. I don’t know. 

Q. M. W. King?—A. Don’t know him. 

Q. J. M. Morgan?—A. No, sir; don't know him. I knew one J. M. ^Morgan. He 
lived in another ward. Never knew anyone by rhat name in that ward. 

, Q. How long has he been out'?—A. Well, I suppose eight years, or more. 
Maybe considerably longer than that. 

Q. H. F. Lewis?—A. Don’t know him. 

W. S. Love'?—A. Yes, sir; 1 did know iMr. Love. He went to Virginia some 
years ago; the one I knew. 

Q. How did he sign his name?—A. W. S. Love. 

Q. Do you know any Love here now by that name?—A. No; only one Love 
family. Head of the Love family. Isn't here and hasn’t been here in a year or 
more. 

Q. What is his name?—A. It isn’t that. 

Q. B. L. iMorgan?—A. No, sir. 

Q. Thomas Murphy, jr.'?—A. Yes, sir; he hasn’t been here for six or eight 
or more years. 

Q. How old is he?—A. I guess 30 years old. 

Q. Does he appear as having paid any tax, on the books?—A. No, sir. 

Q. A. W, Myers?—A. Don’t know him. 

(}. E. W. Nail?—A. I don’t know him. 

Q. Charles Owen?—A. Don’t know him. 

Q. C. S. Porter?—A. Don’t know him. i 

Q. A. C. Bailey—ever know him?—A. I don’t remember that name. 

Q. It is in the R’s; must be Bailey.—A. I don’t remember such a name. 

Q. That is Riley—do you know him? Where did he live?—A. I don’t know 
him, 

Q. C. H, Rogers?—A. No, sir; I don’t know him. 


CAMPBELL VS. DOULHTON. 493 

Q. AV. S. Rankin*?—A. A yonnj; boy bo(‘n away several years. T don’t know 
whether he is in California with his mother or not. 

Q. That is A. G. Rainey instead of Bailey^—did yon know him?—A. No. sir. 

Q. ‘How ahont Rankin?—A. He hasn’t been here in several years. He is 
probably 25. His mother is in California. The family went out there. 

Q. Lfid he pay his poll tax?— 

(}. J. B. Rogers’.'—A. Don’t know him; except J. B. Rogers in the west ward. 

No J. B. Rogers in the east ward?—A. I don’t know of any. 

(L William Roberts?—No, sir; don’t know him. 

Q. P. F. Smith’.'—A. I nevei- knew any F. F. Smith except in the west ward. 
There was one with the show (*rowd. 

Q. AVhat sort of show’.'—A. Sparks’s show. It winters here; has foi* several 
years. 

(y How hmg has he been back’.'—A. Been back here on a visit occasionally. 

(}. Single or married’.'—-A. I don’t know. 

(^. Originally with that show?—A. Yes, sir. 

(y F. T. Taylor; how abont bim?—A. There are two Smiths there. 

Q. Do yon know the initials’.'—A. One F. F. and another F. S. 

(}. He is the man that was with the show?—A. Yes, sir. 

Q. K. T. Taylor’?—A. Don’t know him. 

(y Edward Young?—A. Don’t know him. 

Q. Sam Ashe; know him?—A. Couldn’t find him. 

Q. Yon didn’t read this name from your list?—A. No; they were a little 
bunch separate. 

Q. They didn’t appear in this alphabetically arranged list.—A. They appeared 
at the beginning. 

Q. Sam Ashe on your poll book?—A. Yes; he is on here. 

(}. Appear on the poll book as having voted’?—A. Yes, sir. 

Q. Do you know him?—A. No. sir. 

Q. Is he listed for poll? Has he paid his poll tax’?—A, I don’t think so. I 
never heard the name. 

Q. Adam Eller?—A. I don’t know him. 

Q. Richard Goodman’?—A. T don’t know any in that wai-d. I know one in the 
west ward. 

(J. Appear on the poll book as having voted?—A. Yes, sii-. 

(y In the east ward’?—A. Yes, sir. 

Q. How old is he*.'—A. Well, he must be in the neighborhood of 24 oi- 25. 

(y Did he pay his poll tax’?—A. No, sir. 

Q. M. Feldman?—A. I don’t know him. I asked the Feldmans, and they siiid 
they were the only people by that name in the State or in the South.^ 

Q. Is he listed for poll’?—A. No, sir; )iot on the poll list. 

(y Is he on the poll book?—A. No; I know he is not there, because I would 
remember it. 

(y Is be on the poll book as having voted?—A. Yes, sir. 

(}. Charles Tori'ence’?—A. 1 don’t know anything about him. 

(}. Charles Spain?—A. I don’t know anything about him. 

(y Henry Somers?—A. No ,sir. 

(}. (’hester Taylor?—A. No, sir; don’t know him. 

Q. Do any of these persons appear upon the sheriff’s return as having paid 
I)oll tax?—A. I don’t remember any of them. 

Q. Any of them on the tax books?—A. I don’t remember any of them. I 
handled the tax books pretty frequently last fall. We had to i)ass on them. 

Q. What for?—A. Revaluation. 

Cross-examination by Mr. Carf.ton : 

.Cy You live in the west ward?—A. Yes, sir. 
cy And vote in the west ward?—A. Yes. sir. 

(>. You were down here in the north ward on election day?—A. Yes, sir; I 
was around here. 

(y How much time did you .si)end in the north ward?—A. I don’t sui)pose 
ovei- an hour or so. 

ty You didn’t examine the votes of any of the electors who voted?—A. 
No, sir. 

Q. I believe you did the same thing in the west ward—stayed around a 
little while?—A. Yes, sir. 

Q. You didn’t examine personally the ballots that were cast?—A. No, sir. 
cy What age man is Joe Steadman?—A. Close to 50. 


494 


CAMPBELL VS. DOUGHTOiST. 


(>. Hasn’t he a son named Joe, 21 years of age?—A. I never knew Joe had 
any ehildren. 

Q. Isn’t there a young J. H. Steadman?—A. Might possibly be. 

C). Dont’ you know him?—A. No, sir. . 

(y You don’t know that such a man lives in the north ward?—A. No, sir. 

(.y You don’t mean to put in this record that you are personally acquainted 
with the names of all the voters in the north ward?—A. No, sir. 

(y Y'ou don’t personally know half of them?—A. I don’t know about that. 
If you will let me explain- 

(y Answer my question. We will cover it all in a few minutes. Just answer 
that question : Do you know personally half of the people who live in the 
north ward?—A. I dont’ know; perhaps I might. I know them pretty well. If 
you will let me explain why I nunched those names. As you know, Air. 
Carlton, I had charge of the census several years ago, and made transcripts 
for all the different denominations, and there was F. AI. Smith and a good 
many names I knew had been away. I went to the city directory, and just 
didn’t lind them, and I never have seen any of them on the tax list. I am testi¬ 
fying as to my belief as to these people’s politics. 

(y That is the source of your information here upon which you are testify¬ 
ing?—A. The poll-tax list; yes, sir. Those that hadn’t paid poll I lookeil to 
see if they had listed. 

Cy You don’t mean to swear that some of those gentlemen didn’t live in the 
norfh ward’/—A. Possibly some of them did, but you couldn’t lind them; not 
in the city tlirectory. And then, furthermore, so many indictments for poll tax 
coming back. 

cy What do you mean by that’?—A. They were indicted for not returning 
taxes. 

cy You are the man that swore out a warrant against these fellows for not 
l^aying poll tax?—A, No, sir; Air. Brown and myself—they brought them to us 
to sign as witnesses. 

(y You signed most of them?—A. Air. - brought them and said, “You 

boys sign them.” 

cy How many warrants did you swear out in Kowan County for not paying 
poll tax—about 1,100?—A. I would not say. 

cy Nine hundred?—A. I think that is nearer to it. 

cy You swore out that many?—A. I don’t know that I did; we signed 
all day. 

C}. After the warrants were placed in the hands of the sherilf you began to 
lind out that you had made some mistakes?—A. Oh, yes. 

cy I ask you if you didn’t have fellows arrested who had paid their poll tax 
in a number pf ca.ses?—A. Had listed? 

Q. Yes.—A. A few; wasn’t many. AVe knew that Rowan was away behind 
in the poll, and we wanted to come up. AVe found some social clubs in the city 
that owned real estate not on the tax books. There were railroad men that 
had never paid any taxes. One man over 50 never paid a cent of tax in his life. 

cy AA’eren’t there about 500 of these warrants dismissed by reason of mis¬ 
takes you made in getting up your list?—A. I don’t know how many. 

cy Can you look up the record and lind out how many of them were con¬ 
victed for not listing property?—A. I suppose so. 

Q. AVill you look this up and give your best information?—A. Yes, sir. Lots 
of them that could have been served if they could have got the right people. 

C}. l^ou tried to be as correct in getting that information for the pro.secuting 
attorney as you were in getting this information for Dr. Campbell?—A. This 
information I got for Dr. Campbell I got myself. This other was furnished by 
the different corporations. 

Q. Didn’t you say a while ago that you ba.sed this information on records in 
the city directory and things of that kind?—A. Yes, sir. 

cy And not on personal knowledge?—A. A good deal of personal-knowledge. 
Until I got to that list; that list was unusual; and it was a tedious job. I went 
to looking in the city directory and on the tax books. 

Q. You know the city directory is never correct?—A. It is pretty fair, 
cy AATienever you tind a name, all right, but don’t you frequently look for the 
name of a man who lives here in town and can’t tind him in the city directory?—■ 
A. If it is a year old, perhaps so, but this was a 1919 directory, and the 1920 
tax list. 

C}. AA’ithout going into detail here about these names—there are a number 
of these names who are over 50 years of age, aren’t there?—A. Yes; at the 
first. 




CAMPBELL YS. DOUGHTOX. 495 

Q. Joe Mingus is over 50?—A. I don’t think he is; might he. I testitied to 
his nonresidence; liasn't lived liere in four years. 

Q. Doesn’t he make headquarters with his son-in-law, Ross?—A. Mr. - 

told me he had been keeping a liotel at INiorehead for a year. Went from here 
to Lexington, and from there to Morehead. 

Q. Has he any family?—A. No. 

(i. Conies here and makes headquarters with his daughter—stays here three 
or four months sometimes? Do you know how many of these names you gave 
us were the names of soldiers in the war?—A. I could tell. 

Q. Instead of my going over these names, will you get up a list of those for 
us?—A. Yes, sir. 

Q. And furnish it so as to go in as part of your testimony?—A. Yes, sir. 

Q. You gave us on your examination a list of the absentees as appear on the 
north ward poll book. Will you point out on that poll book the name of a 
single absentee voter, as it ai)pears on the poll’book? [Hands witness poll 
book.]—A. Mr. Carlton, the list as furnished me- 

Q. Can you do it from that book?—A. My belief is- 

Q. Can you point out from that book, as it appears from that book, the name 
of a single absentee voter?—A. It runs along, one after another. 

Q. Answer the question “ yes ” or “ no.”—A. No ; I can’t. 

Q. There is nothing on this book, or any of the other poll books, that you 
have testitied about to show whether the voters were resident voters or ab¬ 
sentee voters, is there?—A. No, sir. 

Q. You don’t know how any of those respective voters voted, do you, in this 
last election? Of your own knowledge, you have no information?—A. No, sir; 
not as to how they voted. I know as to their politics. 

Q. Your information is bas(Hl upon nn acquaintance made several years 
ago?—A. Yes, sir. 

Some you haven’t .seen for 10 years?—A. Oh, yes; that list there I told 
you I hadn't seen them for years. 

(}. That long list from the east ward, you don’t know how they voted?— 
A. No. 

Q. You don’t know whether they were counted for ]Mr. Doughton or ^Mr. 
Campbell?—A. I do not. 

iL whether they were counted for either?—A. No. 

Q. Were you over in the north ward when they checked up the results?—A. 

. No, sir. 

(}. You know Mr. Doughton ran behind his ticket, don’t you? 

By Mr. Holton ; 

Q. Of your own knowledge? 

By IMr. CArmTON ; 

Q. You have seen the oflicial returns from the north ward?—A. Yes, sir; I 
looked at them. 

(Contestant objects.) 

Q. Don’t you know Mr. Doughton fell behind the oth^r candidates on the 
Democratic ticket in the noidh wai'd?—A. I made no compari.son. I went 
<lown there—I don’t think the c<mnt>^ vote has been made into a permanent 
record yet. Mr. Barker said, ” Here is the transcript.” I looked at the 
Doughton and Campbell vote, and the other hadn’t been made into a permanent 
record, and hasn’t yet, uidess it is in the last few days. He said, “Here are 
the transcripts; they haven’t been made into the form of a permanent record.” 
That is, the county vote. 

(}. You say you didn’t notice whether Mr. Doughton was behind or ahead 
of the other candidates on the Democratic ticket?—A. No; I just looked at 
their vote. 

Q. The State ti(.‘ket is there to compare?—A. I didn’t compare it. 

(}. Haven’t you been working on this thing for the last two or three 
months?—A. No, sir. 

(j. How did you find out .so much about the politics of these people?—A. I 
have lived here all my life. I expect you know about as much about it as 
I do. 

Q. Didn’t you get up these lists for these gentlemen?—A. Yes, sir.' 

Q. How many weeks hav(‘ you been at work?—A. Several weeks, off and (m ; 
at times. Whenever I would see anyone, I would ask him about some person. 





496 


CAMPBELL VS. DOUGHTOX. 


Havf'ii’t you been interested, more than anyth.nji else, in a correct count, 
and tabulation of tbe votes?—A. A correct count and tal)\dation of the ^otes'' 

Q. Yes, sir.—A. That is the only time I have lu'en in there to see t, about 
Id days aj;o. And the other wasn’t there, and so I didn’t j;et it. (,)ne of the 
news])ai)er men asked me to help him ftet it for i)ublication. 1 asked *Ii. 
Parker and he showed me the eongress.onal vote, and the other hasnt beim 
put in a i)ermanent record yet. The original returns are there, ihev lunen t 
been put on a permanent record. That was about Id days ago. 
ii. You can get that sohber vote’.'’—A. Yes, sir. 

(). All who were in the sei’vice’/—A. Yes,' sii‘. 


Redirect examination by IMr. Holtox ; 

(^>. You say you worked on these books here to get out this data.'’ You ha\e 
been working to get this data^yon have been swearing about.'’ A. Yes, sii. 

Q. Y'ou went tboroughly into it’/—A. Yes, sir. v 

Q. l.ook'ng for the names of persons who had not paid their poll tax. A. 

Yes, sir. ^ a- • 

(}. And for those who voted in different precincts?—A. Yes, sir. 

(.5. Ti-ying to locate their residence’/—A. Y’es, sir. 

C>. And ascertain where they were’?—A. Yes, sir. 

R). You put in considerable time’?—A. Yes, sir; off and on. 

<i. Since the election’.'*—A. Well, yes, sir. . , 1 • 

Q. You say that you, with all that investigation, you are unable to hnd this 
alphabetical list of names that was called out here’?—A. Yes, sir. 

(i. l>id you ever look into the city directory for that many names and never 
be able to tind any of them’.''—A. Xo, sir. 

Q. You also worked on the tax books for a year or so before the election?—A. 
Y'es. sir. 


(}. As one of the appraisers under the revaluation act?—A. Yes, sir. 

Q. That was a thorough revaluation of the property of the State, both real 
ami personal’?—A. Yes, sir. 

Q. The county was behind on poll tax’?—A. Yes, sir; we found Rowan was 
away behind in poll, according to ixipiilation. 

In taxes, compared with the voting poiiulation?—A. Yes, sir. 


Recross-examiiiation by Mr. Carlton : 

(y In resiiect to this alphabetical list which has created so much wonder in 
your mind, did you go to the man who made the entry on the poll book and ask 
him how that was’?—A. No, sir. 

Q. You are, I take it, a scientitic investigator’?—A. No, sir; couldn’t be. 

(,X You really, when you go at it, you want to get at the real root of the 
thing? AVant to make a good job of it’?—A. Certainly. 

Q. AVhy didn’t it occur to you, if you wanted to really hnd out how that came 
to be in the book that way, that the one man that could tell you was the fellow 
who made the book?—A. AA'ell, I had already made the list, and I just w'ent 
ahead. 

CX It didn’t occur to you to go to him, to ask the man that made the book?— 
A. I could see how it was. .lust wanted them in alphabetical order when they 
voted them. P>ut in the north ward, what got me was so many I didn’t know. 

Q. Did it occur to you that those were absentee votes, and when the registrar 
received the votes he hied them alphabetically?—A. I just supposed so. 

(}. And. that, therefore, when he came to open the absentee list he opened 
them alphabetically, and they were distributed and entered on the books that 
way? That would be a perfectly natural explanation’?—A. That is what I 
thought. 


Re-redirect examination by Mr. Holton : 

Q. And that was why you concluded they were absentee votes? Coming in 
alphabetical order, you thought they had been arranged in advance?—A. Cer¬ 
tainly. 

C}. The cause of it was by reason of being the absentee vote, and the registrar 
laid arrangeil them before the day in alphabetical order?—A. Most anyone 
would have been likely to have done it. 

(j. And your conclusion from that is that they were absentees?—A. My first 
conclusion, they ran along with no poll checked, only now and then. 

Q. And many of them nonresidents?—A. Yes, sir. 

Q. And that, you think, is the absentee list for that precinct?—A. Yes, sir; 
for all of them worked the same way. 


CAMPBELL VS. DOUGHTON. 


497 


(}. "i'licii you kiu^w SOUK' of tlioiii to l)e uhsent?—A. Yos. sir. 

Q. For instance. Mr. Dorsett?—A. Yes. sir. 

C.>. Sam DorsettV—A. Yes. sir; T knew li in well. 

C}. Any other list for the east ward?—A. Not that I know of. 

i}. Any f(n‘ the south ward?—A. Y(‘S, sir: one for the south ward. 

(The hearinir ad.ionrns until Thursday morning at 10 o’clock.) 

(Pursuant to ad.lonrninent, the lieariim’ i-econvenes Thursday inorninjt. 10 
o'clock. March 2, 1021.) 

Present: ]\Irs. .1. D. Doi-sett. coiumissioner of testimony; on hehalf of con¬ 
testant: His own i>i"oi)er person. l>r. .lames T. (’ainphell. Attorneys Monroe 
Adams. .T. M. Wa.u'jiouer. and IV. L. C’amphell: on hehalf of coutestee: His own 
proiiei- ])erson. Hon. Kohert L. Dou.uhton, Gov. T. W. Bickett, Kerr Graip:. and 
P. S. Garlton. 

The evidence .uiven hy tlu' contestant in repird to the vote of Mi's. Mary 
Van Poole Philli])s, as to her illejtal vote, is stricken from the I'ecord, it ap- 
jiearintr that she voted in the west ward, where she was entitled to vote. 

iMi‘. J. L. AGNEK. a witness introduced hy the contestant, being first duly 
sworn, testities as follows: 

Direct examination hy Mi-. Ada^is: 

(F What precinct are you from?—A. Providence. 

Q. You were registrar out there?—A. Y’'es, sir. 

Q. Did you have any absentee votes out there?—A. No, sir. 

Mr. S. G. PEAt’OGK, a witness introduced hy the contestant, being first duly 
sworn, testities as folloAvs: 

Direct examinaticui hy Mr. Adaais : 

C^. iMr. Ik'acock. where do you live?—A. 811 East Ennis Street, Salisbury. 

(F ^^’ere .vou fn-esent at the last election, on November 2?—A. Yes, sir. 

Q. What were your duties upon that date?—A. .Judge. 

Q. Of election?—A. Yes. sir. 

Q. How many absentee votes were cast in that precinct?—A. Approximately 
no. I should say. 

(}. How many of them were Democratic votes?—A. About 4."). 

Q. Was r.. A. .Julian one of the absentee voters?—A. I couldn’t say whether 
he was or not. 

Q. You don’t know as to the iiarticular names, hut you do know there were 
about 45 Jleinocratic ab.sentee votes and about .5 Republican ab.sentee votes?— 
A. Yes. sir; aiiiu-oximately. I .should say that is within three votes of the 
number. 

Q. .James T.^. .Julian—did be vote absentee vote?—A. Yes, sir, 

Q. What other do you remember that voted absentee vote among the list?— 
A. (’harles .Julian and others. T don’t remember the names of any others. 

Q. How about C. E, Trolliiiger?—A. I don’t remember as to him. 

INJr. R. Jv. AFSTIN, a witness infi-oduced hy the contestant, being first duly 
sworn, testifies as follows: 

Direct examination hy Mr. Adaus; 

(p Mr. Au.stin. what are your initials?—A. B. Jj. 

(}. AVhere do .vou live?—A. ol2 Park Avenue. 

Q. In what ward of Rowan Goiint.v'?—A. East Ward. 

(i. Of Sali.shiiry?—A. Yes, sir. 

Wliat official cajiacity did you have upon the day of election—November 
2?—A. .Judge. 

(^. .fudge of election ?^—A. Yes, sir. 

(F \\’ere .vou jiresent upon that da.v?—-A. Yes, sir. 

(}’. Do you know how many absentee voters were cast in that ward upon 
election (lay, or about how man.v?—A. Between 7.5 and 100. 

i}. How many of those were Iterudhican votes?—A. T only saw one. 
f}. Anamg tlio.se ab.sentee votes, did a vote ai)pear for Thomas iMurpliy, 
jr.?—A, Yes, sir, 

(i. Did one appear for S. T. Dorsett?—A. Yes, sir, 

Q. One for iNfr. R. B. Davis?—A. Yes, .sir. 


.57G95—21 


32 



498 


CAMPBELL VS. DOUGHTOX. 


ii. And D. K. Efird?—A. Yes, sir. 

Q. .1. S. Henderson, jr. V—A. Yes, sir. 

Q. J. O. White?—A. Yes, sir. J. O. White, jr. 

Q. W. H. Wliite?—A. Yes, sir. 

Q. Eli/al)eth A. Cotton?—A. Yes, sir. 

(h Now, were those absentee votes put down there and listed upon the poll 
hooks just as they were voted right along?—A. Just as fast as they were 
called out; just took them up in rotation. 

(h Who had these absentee votes?—A. All over there by the registrar, 
i\lr. Kesler. 

(h U’hat was the arrangement of those absentee votes?—A. Doc. had four 
bundles with a string around them, and four bundles wrapped in a news¬ 
paper— 

You opened up one bundle at a time?—A. Yes, sir. 

Q. Until you had voted the four bundles?—A. Yes, sir. 

(i. Did a vote appear for W. L. Cotton?—A. Yes, sir. 

(j Was it voted?—A. No, sir. 

Q. Why?—A. I objected. 

i.}. On what grounds?—A. That he was not a citizen of Salisbury. 

Q. Do you know W. I>. Cotton?—A. Yes, sir. 

(j. Where does he live?—A. New London. 

Q. Did they have a certificate there for his vote?—A. Yes, sir. 

(}. Was that left with the registiair?—A. Yes, sir. 

iMr. Adams. The attorney for the contestant, in regard to this vote of W. 
3-1. Cotton, and the method used, states for the benefit of the record that the 
testimony of W. Jj. Cotton himself appears in the record of the proceedings 
of Stanley County in this contest. 

(J Did you prefer any challenges that day there?—A. Only in the absentee 
vote. 

Were you given any instructions as to challenges?—A. I was told in the 
morning there would be no challenges that day, because the challenges were 
to be made Saturday ; couldn’t be any challenges at the time. 

Q. That you couldn’t challenge on the personal votes?— A. Yes, sir. 

Q. Who told you that?—A. J. C. Ivesler. 

Q. Who is he?—A. The registrar at that precinct. 

'Q. Acting there as registrar that day?—A. Yes, sir. 

■O. I3id a person vote there by the name of Cas Stevens?—A. What are his 
initials? 

Q. C. N., if I am not mistaken. What about this vote? Do you know any 
reason why he should not vote?—A. I asked his name and he didn’t tell it; 
walked off from the window. A minute or two later I noticed him at the side 
door talking to Mr. Ivesler. Something like half an hour afterwards he pre¬ 
sented himself and handed in his ticket. I asked him his name, and the regis¬ 
trar said to vote him. 1 asked who the man was. He said. “ You know him.” 
I kept insisting on knowing who that man was. Later in the evening he told 
me he was a clerk of Carter & Trotter. 

Q. Do you know how long he had been living in this town?—A. Moved here, 
best of my knowledge, in August. 

Q. Not ]U-ior to August, was it?—A. No. sir. 

(b Where did he come from?—A. Albemarle. 

< 5 . Did his wife vote that day, too?—^A. Yes, sir. 

•Q. The whole family moved here from Albemarle after August 1?—. Yes, sir. 

Q. When was the last time you saw the absentee votes of that precinct, and 
-certificates?—A. At closing time that night; that is, when we got through 
counting that night; they were packed up. 

Q. In whose hands were they?—A. INIr. Ivesler’s. 

Q. And he kept them?—A. Yes, sir. 

Q. W as W. Jj. Cotton’s certificate and vote packed up with those others?—A. 
Yes, sir. Mr. Ivesler told me all those belonged to be returned to the courthouse 
together. I asked him, “ Joe, what do you do with stuff like this?” He said, 
“ Take them to the courthouse.” , 

Q. You are not acquainted with any of those parties voting absentee, per¬ 
sonally?—A. No, sir. 

Q. Most Of those names are strangers to you?—A. Yes, sir. 

Q. A great per cent of them?—A. Yes, sir. 

Q. Did you see the registration book that day?—A. No, sir. 

Q. Did they have a registration book?—A. Yes, sir. 


CAMPBELL VS. DOUGHTON. 


499 


Cross-examination by Gov. Bickett : 

Q. Yon are not a lawyer, I believe?—A. No, sir. 

(}. Is IMr. Kesler a lawyer?—A. Not to my knowledge. 

Q. You were one of tbe judges of election?—A. Yes, sir. 

Q. There is nothing in the law that requires one of the judges to accept a 
legal opinion of another one about any question that comes up?—A. That was 
my first experience; I don’t know. 

Q. What is your politics?—A. I am a Republican. 

Q. You have able Republican lawyers here in the city, haven't you?—A. I 
suppose they will measure up about with the rest. 

Q. And their services are always at the disposal of the election officials if 
they want to ask any questions about official duties.?—A. I suppose that would 
be the case. 

Q. Did you see those absentee votes—T am speaking now—did you see the 
actual ballots that were put in the box?—A. I heli)ed i)ut them in. 

Q. Don’t you remember. ]\Ir. Austin, that there were a great many of those 
ballots with no vote for Congressman?—A. Some few envelopes that had no 
A'ote for Congressman. 

Q. You don’t know how many?—A. No, sir; I couldn’t say. 

Q. You do know that IMr. Doughton ran behind his own i)arty in that pre¬ 
cinct?—A. 1 couldn't say. I didn’t make a comparison. I couldn’t say. 

Redirect examination by IMr. Adams : 

Q. You say there were some tickets there that did not have any congressional 
tickets in them*?—A. Yes, sir. 

Q. You are speaking of IMr. Doughtoii's ticket or Dr. Campbell’s ticket, or 
both?—A. Well, only in the absentee votes, only one Republican ticket. I 
couldn’t say whether it had a congressional ballot. 

Q. Did the Democratic tickets have a vote for Congressman in them every 
time?—A. No. sir-. 

Q. Was that true nf both Di‘. Camj^bell and IMr. Doughton?—A. Yes, sir. 

Q. Some of the personal tickets, people who voted in person, did not vote for 
Congressman?—A. Yes, sir; some on both sides. 

Q,' And some did not vote for IMr. Doughton'?—A. Yes, sir. 

Q. In the absentee votes, there Avas only one Repuldican vote polled?—A. 1 
only saw one Reimblicaii vote. ( 

Q. Were the election officials sworn there that day?—A. Why, Mr. Ke.sler 
swore me in that morning. He had been registrar for some time. He had been 
there every time I ever voted over there. 

Q. You never were an election official before?—A. I never had anything to 
do with an election before in my life. I absolutely know nothing about it. 

Q. Mr. Austin, in these absentee tickets voted there that didn’t have a 
ticket for Congressman in them, that is, for IMr. Doughton. the Democratic ' 
candidate, did the officials there have any desire to place tickets in there for 
Piiii?—A. We voted them just as we found them in the envelopes. 

(}. And they just called your attention to .some that didn't have them?—A. 
Something was remarked about it. 

Mr. J. C. KKSLKR, a witness introduced by the contestant, being first duly 
sworn, testifies as follows : 

r)irect examinaCon by IMr. Adams: 

Q. IMr. Kesler, wei-e you the Democratic registrar of the east ward in Salis¬ 
bury, Rowan County?—A. Yes, sii'. 

Q. For the election held November 2, 1920?—A. Yes, sir. 

O. About how many absentee votes did you have there that day?—A. I 
doii’t know. IMr. Austin. I think possibly around 40 or 50. I don’t remember; 
because I never did count them. And they came in during the day. also. 

() You mean around 40 or 50 in the morning?—A. No; 1 mean during the day. 

( 5 . That is, 40 or 50 all that was put in*?—A. I don’t know how many. 

Q How many of those were Repiibi>an and how many Democratic'.''—A. I 
don’t know, sir. I don’t know anything about whether they were Democrats 
or Republicans. I didn't have the ballot; didn’t see the ballot. 

Q. Did you open them ui», or some of the other otfic'als'?—A. I clipped the 
end of each enveloiie and turned the ballot over to each judge, and they took the 
ballot out of the envelopt' and deposited it. 1 don t know anything about that. 


500 


CAMPBELL VS. DOUGHTON. 


Q. And they put tliat in, and yon don’t know what per eent was Democratic 
and what per cent KepiihlicanV—A. I do not. 

(}. In that event, yon conld not say wliether there was more than one Ile- 
pnhlican vote, conld yon, IMr. Keslet?—A. Well, I know that there was one. 
Hnt I couldn't tell yon how many more. I know that there was one. 

i}. Do yon I’ememher the names of some of those absentee voters?—A. T do 
not. Well, I misht, if my attention was called to them. For instance, some 
j'ailroad men, people that I knew. 

Q. Were there cei'titicates or affidavits with all those votes?—A. Ves, sir. 

(}. We]-e the tickets in the envelopes with the certiticates, or the certificates 
alone?—A. Tickets were in some, and some were not. 

Q. What did yon do with the certiticates, i\li-. Kesler?— A. I don’t know, sir, 
what I did with them. 

Q. Yon haven’t .siot the certiticates?—A. I haven’t. 

Did .von tnrii them over to the officials?—A. I did not; didn’t need to. 
Tlie law says if they are marked, to return them ; if not, they are of no value. 

Q. Mr. Kesler, if upon the construction of the law it slionld he so constrned 
that yon wei-e hound to seal up and return those affidavits and certificates in 
compliance with that law, then yon didn’t comply with it?^—A. I <lid not. My 
construction was as I did. 

(h AVell, INfr. Kesler, yon are not a lawyer?—A. No. sir. 

(}. Yon have not studied law?-—A. No. sir. 

Q. And yon don’t intend for it to ai)pear in this record tfiat yon are able 
to construe a statute that ])eople differ in opinion about, that are lawyers?— 

A. Well, I can only do this: Use my own jnd.U'ment about a thin.u* of that kind, 
like lawyers do ; they differ. 

Q. Ml-. Kesler, I fielieve yon testified that yon clipped the ends of those 
envelopes?—A. I did. 

(y And ]>assed them over to the .fndjies?—A. I did. 

(}. And they took the tickets out and voted them?—A. They did. 

Q. How far were yon from them then?—A. When 1 clippecl the ends? 

Q. Yes. sir.—A. In reachinji distance, fiecanse when they ,a:ot ready for them I 
clii»ped the ends and passed them to them. 

Q. And the.v took them out and put them in the box?—A. They did. 

Q. Without even showing them to yon’?—A. I didn’t see them any more. 

Q. In that event, how can yon swear that the names of the voters were not 
written on those tickets?—A. Because they called attention to it: “Here is a 
man with his name written on the ticket.” 

Q. Were those absentee votes there voted alphabetically, Mr. Kesler? Did 
you have them arrang’ed on the tickets alphafietically?—A. Yes. sir: I think so, 
sir. 

Q. Then this alphabetical list that appears upon the poll hook is naturally a 
list of absentee votes, isn’t it?-—A. Well, we voted them about 80 or 40 minutes, 
jind then the crowd grew on the outside. We opened the door and voted the 
people that came, and then finished the absentee votes. 

Q. So yon voted some absentee votes on this alphabetical list, and after the 
break there are some absentee voters that yo\i didn’t get voted before the 
break?—A. Yes. sir. 

(). If there should apiiear more than .lO names in this alphabetical list before 
this break is shown, in alphabetical arrangement, there would be more than 50 
absentee voted?—A. I suppose so; there might be; there might not be. 

Q. INfr. Kesler, did W. J. Allen vote absentee?—A. I don’t know. 

Q. W. P. Andrews?—A. I don’t know. sir. 

Q. L. D. Austin?—A. I don’t know. 

Q. T. I. Biiiley?—A. I don’t know. 

Q. Yon arranged the votes alphabetically?—A. Y>s, sir. 

Q. So if they are arranged ali)habetically, in your opinion they are ab¬ 
sentee votes?—A. I couldn’t tell whether they are absentees or regniar. They 
may be. More than likely they are. 

(}. Who kept the poll book?—A. I did. 

Q. And yon put the absentee votes down as they were called out?—A. \>s. 

sir. 

Q. YTm had arranged them alphabetically?—A. Yes. sir; I had arranged 
them alphabetically. 

Q. That is the poll book which yon kept in that ward?—A. (Examines 
book.) Yes, sir. 2 

Q. Is that the way they began? Read that list there.—A. V. ,T. Allen. j 

t 


CAMPBELL VS. DOUGHTOX. 


501 




<->. Next?—A. M’. P. Andrews. 

(J. Next?—A. L. I). Austin, W. H. Bane. J. T. Barber, O. F. Barnes. 

Q. Now, Mr. Kesler, do you identify that as the beginning of the absentee 
votes?—A. I do not. 

Q. Continue to call tlie list.—A. L. K. Beaker, P. (L Blaylock. H. A. Bullen, 
I>. P. Cagle, K. W. Carter. T. \V. Cow.sen, I). A. Cline, A. W. Coates, Hugh L. 
Clement. Ld M. (’oates, Kula Crawford, A. S. Love, K. P. Doughton, L. W. 
Davis, Mrs. K. B. Davis, U. B. Davis. W. A. Deal, E. B. Denney, Sam T. 
Dorsett, E. JL Drury, .lohn Dwyer, S. M. Ernhardt. B. (t. Eurp, Charles 
Edwards, 1). It. Ertrd. John Ford, It. A. Coble, T. E. Grimes, C. P. Gwyn, 
Iteed Hall, S. P. Plall, It. C. Hines, J, S. Henderson, jr., Leonard Henderson, 
B. I. Holfner, William Howell, J. Clyde Jenkins, Ed W. Jones, Walt Keegan, 
Lettie Kearns, iM. W. King. J. D. Lewis. J. F. Link, W. 1). Love, J. F. INIartin, 
Mrs. J. F. Martin, W. F. Lewis, J. M. Coggins, Mrs. Lelia McPbeters. J. H. 
McPbeters, John 'Menius, Ihixter L. Morgan, J. H. Idorgan, Mr.s. Nancy 
Morgan, J. It. Monroe, J. H. Monroe. Thomas Mui-phy, .jr., E, W, Nail. Robert 
Nicholson, (Charles Owens, IMiilin Palmer, G. S. Porter, A. G. Rainey, C. H. 
Ragan. W. It. Rankin, J. P. Ragan, William Roberts. F. F. Smith, F. S. Smith, 
E. T. Taylor, Ed W. Young, J. (). White, Jr., W. H. White, Mrs. C. :^I Younce, 
Lily Graham, P. D. Eller. Mrs. Augusta Hudson Klutz, INIrs. George A, Klutz—■ 
I am not sa.ving that these are absentees, because I don’t know. 

Q. Read the list down to where the break shows up?—A. What do you mean 
by "break”? 1 am down now to IMrs. Hudson. 

Q. Are there some more H’s?—A. I don’t know what break you are talking 
about. 

Q. Now. then, count the names back to where j'ou began to read. After the 
voting ali)habetically, were there other votes that came in that you voted 
absentee that were not arranged alphabetically?—A. I think there were pos¬ 
sibly a few. 

Q. All right. Count that list from where you stoi)ped reading back to where 
you began reading?—A. Eighty-one. 

Q. Eighty-one in that alphabetical arrangement. Then, you say that you 
^ think there were others came in that were possibly placed in there without 
'arranging alphabetically?—A. I believe possibly a couple. 

Q. And also others after the break showed up, after the termination of the 
list?—A. Some of those in what you call the alphabetical list voted personally. 

Q. What ones do you know voted in person?—A. I call your attention to two 
I know about: ^Ir. ^Morgan and INIrs. ^lorgan. 

Q. They voted, did they not, in the INI’s, where you had other voters ar¬ 
ranged alphabetically?—A. They voted in the M’s; yes, sir. 

Q. Other names beginning with M before and after?—A. Yes. sir. That 
might have been the time the bi'eak came. And they came in between. 

Q. Mr. Kesler, you received tbe vote foi- Will White, did you not—absentee 
vote?—A. I did not. 

Q. Did you see one for .Toe White?—A. I did not. 

One for AVill (-otton?—A. I received one for W. L. Cotton; yes. sir. 

(^. You didn't vote that one?—A. No; there was a contest about that, and 
it wasn’t voted. The Rei)ublican judge said he knew W. I.,. Cotton lived at New 
London, N. C. I asked him to tell the age of INIr. Cotton, and he said, ” How 
old is this man?” I said. “The recoi-d shows he is 32 years old.” He .said. 

That is about the age of Mr. Cotton that lives in New London, and I am 
.satistled it is the same man.” I said. ” If you are satisfied it is the same man, 
and he is a resident of Stanley County, we will not vote him.” 

Q. Do you know Mr. Cotton yourself?—A. Yes, sir. 

Q. Do you know of him living in this county?—A. No. sir. 

Q. He never did live in this county, did he?—A. No, sir; not that I know 
of. He stayed here a long time. 

Q. Never lived in this county'?—A. I don’t know whether he chdmed this as 
his home, because all the time he was buying this land in Rowan County he 
lived at the Ford Hotel. 

(F I ask you, when he wasn’t working here, if he wasn't a real estate agent 
for the Aluminum Co. of America, which has a subsidiary plant known as the 
Tallahassee Power Co., at Baden'?—A. I know that he didn’t work for that com¬ 
pany here, but I know that he did work for one R. F. or B. F. Withers. 

Q. You don't know INIr. Withers’s connection with the company'?—A. No, sir. 

Whei'e was INir. Withers from, do you know?—A. I don’t know, sir. 




502 


CAMPBELL VS. DOUGHTON. 


(L Keslei’, have you irot the certitieate of Will (\)ttoii.'' A. I lune not, 

T have no certificates at all. , , , . • 

(L I>o you know who was witness to that certificateV—A. I do not, sir. 

(1 How lon^ have you been registrar in this ward, Mr. Kesler? A. If you 
will tell me how lon.a: the election law ivciuires a man to he re.itistrar in order 
to serve as rejiistrar- 

Q. T am just asking as a matter of information.—A. Four or live weoks., 
ordinarily, it was. 

Q. How many elections is what I am after?—A. I have been registrar once 
in .a city election. I think, a long time ago. 

Q. You were not registrar in this ward here for 1918?—A. No, sir. I haven t 
been registrar—I don’t know wliether I was ever registrar in any general elec¬ 
tion of this kind. I have been in city elections. 

Q. Ho you know of your own knowledge. ^Nlr. Kesler, where ^Ir. Cotton 
lives?—A. I don’t sir. Sly imi)ression is that he lived in Stanley County, or, 
rather, was horn in Stanley County and now lives in Stanley County. The 
man is about oO, I should say: fifty-odd years o]d. But W. L. Cotton, 32 years 
old, 1 don't know. This Cotton that was registered was 32 years old, so the 
registration hooks said. 

i). You know of youi' own knowledge of ^Ir. C'otton that he never lived in 
Montgomery County?—A. I do not, sir. 

(}. You (ion't mean to .say that W. T.. Cotton was registered on your hooks 
as 32 years old, do you?—A. That was the judgment of the judges and the 
judgment of the registrar, that he was 32 years old. 1 Examines hook.j Some¬ 
body has j)ut a tail to the 3 since election day. 

Q. You call that a tail to the 3?—A. That is a tail to the 3. 

Q. If that tail wasn’t on there, you woidd call it a 3?—A. I would. Some- 
Ixxly has doctored the hooks since election day, 

Q. Who has had the registration books?—A. Anybody that wanted them. 

Q. So you claim that is clmnged?—A. It is. 

(L You testified you knew ]Mr. Cotton?—A. I know Mr. Cotton when I see 
him. 

(^. From your observation of ^Nlr. Cotton you would not say he is as young 
a man as 32?—A. I stated that. 

Q. You don’t think he is that young?—A. I will .state it again. I think ]Mr. 
(’otton. that bought hind in this county, is a man around 4.") to ."iO years old. 
I stated that in the beginning. 

Q. And the hook shows he is 52?—A. The hook shows now 52. On the <lay 
of election it showed that he was 32. 

Q. You don’t know of any other W. L. Cotton?—A. I do not. 

Q. No other W. L. ('otton ajipears on the registration books?—A. I didn’t 
look about that either. There was a contest about that, and the man wasn’t 
allowed to vote. 

Cross-examination by Gov. Bickktt: 

(). iNIr. Kesler. whenever there was any challenge made on these ah.sentee 
votes that day, that was considered, wa.sn't it?—A. It was. 

(^. Ho'you remember what the di.sposition of the election officials was with 
respect to these challenges when they came up?—A. When there was a (piestion 
about a man being a legal, qualified voter he didn’t vote. 

Q. All douht.s, largely, were really resolved against those absentee votes 
when any question was raised about their legality ?—A. The only question raised 
about any person that voted was the absentee ballot. 

Q. Ho you remember whether every challenge of absentee votes was sustained 
or not?—A. Yes. sir; every ah.sentee vote that was challenged was sustained, 
and didn’t vote. 

Q. The election was conducted fairly and squarely. IMr. Kesler?—A. Yes. sir. 

(). No disturbance of any kind?—A. No disturbance whatever. 

(^. And the best of good humor prevailed?—A. All day long. 

Q. Don’t you rememher, IMr. Kesler. that in this precinct that ]Mr. Houghton 
ran considerably behind his ticket?—A. I do. He did. 

Q. I ask you if it doesn’t appear from the tran.scripts—you may refresh 
your recollection from this memorandum here—[hands witness paper] that in 
this east ward—I believe that is the ward where you were?—A. That is the 
ward; yes, sir. 

Q. That the Democratic elector got 590 votes and Mr. Doughton got only 
541?—A. That is the record. 



vl'A.AIPBELL VS. DOUG H TON. 


503 


Q. While, on the other hand, the Republican elector got 212 votes and Dr. 
Campbell got 212?—A. That is the record. 

Q. So tliat Dr. Campbell and the Republican elector ran right side by side 
and Mr. Dougliton ran 50 votes behind the Democratic elector. Isn't that 
correct—49 votes?—A. That is correct. 

Q. Now, Mr. Kesler, wasn’t it talked down tliere at the time of the opening 
of these absentee votes that the absentee voters were not voting for Mr. 
Doughton?—A. That was wliat tlie judges said. Tliey said they weren't voting 
for Congressman. 

Q. That tliey were not voting for Congressman, and that would explain tliat 
discrepancy?—A. Yes, sir. 

Q. Do you know of any person—any Democrat who voted in per.son—that 
didn’t vote for Mr. Doughton that day'?—A. I don’t know of one that didn’t vote 
for ]\Ir. Doughton or didn't vote for Dr. Campbell, for this reason : The judge 
would say when a man came without a congressional ballott, “ Here, didn’t you 
want to vote for your Congressman?” And the fellow would say, “Yes; I 
thought I had it.’ 

Q. So that^this discrepancy occurred entii'ely in the alisentee vote'?—A. Yes, 
sir. I think the Republican judge and the Democratic judge will tell you there 
wasn’t anybody that didn't vote, that walked up to the ballot box. for Congress¬ 
man. 


Redirect examination b.v Mr. Ad.vms : 

Q. IMr. Kesler, you say .vou can’t identify this list as the absentee list'?—A. I 
can not. 

Q. Then, if you can't identify that as the absentee list, and it should be 
found that it is the absentee list, how can you testify as to whether there was a 
vote in there for Mr. Doughton or not?—A. 1 am telling you wliat the judges 
said—that there was no ballot for Congressman in the absentee ballots. Time- 
after time they mentioned that fact. 

Uecross-examination by Cov. Rickktt: 

(}. As I understand it, that alphabeti(-al list there in the main is composed of 
tho.se absentee voters?—A. That is right. 

(y Occasionally a man drops in and votes right in the midst of those ab- 
.sentees?—A. Yes, sir. 

Q. Rut taking it in the large, where you strike that alphabetical list that they 
have been calling your attention to, they are the absentee voters?—A. They are. 

(}. With some variations?—A. Yes, sir. 

Cy From that roll?—A. Yes, sir. 

:Mr. F. C. HALL, a witness introduced by the contestant, being tirst duly 
sworn, testifies as follows; 

Direct examination b.v J. Wag(;onek, E.scp ; 

Q. Your name is F. G. Hall?—A. Yes, sir. 

Q. Mr. Hall, you were tbe registrar for Steel Township, Rowan County?— 
A. Yes, sir. 

Q. How many absentee ballots did you have there?—A. Thi’ee, I think. 

Q. What did you do with them?—A. The judges voted them and put them 
in the box. 

Q. Were they returned to you?—A. The tickets wasn t. 

Q. Were the certiticates?—A. Yes, sir. 

(}. What did you do with them?—A. Put thein in the registi-ation book. 

(L Do you know where they are now*?—A. No, sir. 

Q. What did you do with the tickets?—A. They just went in the box, and 
that is all I know about them. 

Q. Where is the box*?—A. It is up there where I am living now. 

Q. Did vou .seal the box up*?—A. I did not. 

Q. And‘you haven’t returned the certiticates to the register of deeds or the 
chairman of the boai'd of elections?—A. The absentee certiticates? 

Q. You haven’t returned them to anybody*?—A. No. They are in the regis¬ 
tration book, and I returned that to the register of deeds. 

(}. You dont’ know what he did with them? A. No. , to i t 

Q. Those tickets are up there in the box, but the box is not sealed. A. I 

don’t think they are in the box. 

Q. You don’t know where they are?—A. No, sir. 

(.). Do .vou know what the vote was there? A. I do not. 


504 


CAMPBELL VS. DOUGHTON. 


Q. Were the Repiihlieaiis aliead or the Democrats?—A. Republicans. 

Q. Do you know about how much?—A. I don’t remember. 

Cross-examination by (Jov. Bickett : 

ii. Everythin^' lovely down there that day?—A. P^verything was rough. 

Everything was r<nigh?—A. Yes, sir. 

Q. What was the matter?—A. Why, too much toddy, I think. 

Q. Did they i)ass it around pretty freely?—A. I didn’t see any. .Tust acted 
like it to me. I didn’t see any. 

(L No discrimination against the Republicans in the distribution of the 
litpior? 

Redirect examination by Mr. AVaggoner: 

1^. Your name is what?—A. P\ G. Hall. 

Q. What ])recinct are you from?—A. Steel. 

Mr. .1. N. HOUSTON, a witness introduced by the contestant, being first duly 
sworn, testified as follows : 

Direct examination by Air. Adams: 

Q. AAliat precinct are you from’:'—A. Mount Ulla. 

Q. Did you have a conversation with Mrs. Livingood, of that precinct?—A. 
Yes, sir. 

Q. At what time’?-—A. Before the election and after the election. 

Q. AAliat was the substance of that conversation’?—A. AA'ell, I went over there 
before the election, and I asked her was she going to vote or had she registered. 
She said no; she hadn’t registered yet. And I saw a man over there, along 
about the last days to register, and after he left I went over there and I askeci 
her had she registered yet, and she said yes, she had registered. I says, “ You 
told him you wasn’t a good scholar?” She said, “That is all right, I have reg¬ 
istered.” 1 asked her who registered her, and she told me Air. The. Graham. 

Q. AA’as Air. The. Graham the registrar of that precinct?—A. No, sir. 

Q. AVho was?—Air. Sherrill. 

Q. What Sherrill’?—A. Price Sherrill. 

C}. Did you talk with her again after that’?—A. Yes, sir. 

Q. What did she say then’?—A. Said that Air. Graham had registered her. 

Q. That was after the election?—A. No, sir; she said she went and voted. I 
was there the morning when Air. Graham came after her; came there before 
daylight and got her. 

Do you know what her reputed politices is?—A. Democratic. 

Q. You <lon’t know whether she voted or not, only what she .said?—A. No; 
Init she told me she voted, and I saw her going up there that morning. 

Cross-examination by Gov. Bickett : 

(^. You don’t know how she voted’?—A. Not only what she said. 

Q. She didn’t tell you whom she voted for’?—A. She told me she was going 
to vote the Democratic ticket, and when she came back she said she voted. 

(}. In this conversation that she had with you in the first instance, you told 
her that she had theretofore told you that she was not a good scholar?—A. Yes, 
sir. 

Q. That is what she told you?—A. Yes, sir. I asked her could she read and 
write, and she said no, she couldn’t. The reason I asked her that was becau.se 
he wasn’t allowing the Republican woinen to register that couldn’t read and 
write—now, I know that. 

Q. How do you know that?—A. AA’ell, by others saying .so. 

Cy Were you present when this woman was registered?—^A. Sir? 

Q. Were you present when the registrar examined her to register her?—A. 
M’ell, 1 live right across the I'oad. I was in my yard and she was in hers. 

Q. Did you see her take the oath?—A. No, sir; I didn’t. But I was standing 
in my yard, and I saw the registrar over there—or not the registrar;. he went 
on down the road, but didn’t stay. Air. Graham went in and registered her. 

Q. You didn’t hear a single word that the registrar said to her nor that she 
said to the registrar?—A. No. 

Q. Never have heard it? You never have heard anything that was said to 
the registrar or that the registrar said to her, with your own ears’?—A. No, 
sir. 

(h You never heard the registrar conduct a single examination of a registrant 
that went up there to t>e examined, did you?—A. By him? 


CAMPBELL VS. DOUGHTON. 


505 


Q. You never lieard the i*o.i;istrar examine a single voter with your own ears, 
(lid yonV—A. No. sir. 

Von never heard any (jnestions propounded to the voter by the registrar, 
did yonV Did yon ever hea^• the registrar ask those voters any questions with 
yonr own ears? 1 am satislied yon didn’t, because you can hardly hear me 
now.—A. That is all right'; 1 can liear yon all right. 

ty When they were going up to he registered, yon didn't hear the examina¬ 
tions?—A. No, sir. 

Yon didn't see the examinations?—A. No, sir. 

(i. Didn't see them write—didn't see any ot them write?—A. No, sir. 

D. Didn't hear any of em read the Constitution?—A. No, sir. 

Q. Yon really don't know anything about the kind of examination the regis¬ 
trar conducted, do yon?—A. No; I don't know. I know I registered under the 
grandfather clan.se. 

i}. 1 am not talking about yoni’self. I say, with respect to these other people, 
yon were not there'.''—A. No, sir; 1 wasn’t over there. 1 was on the other side 
of the road. 

C>. Yon don’t know one single thing that took place between those who were 
register(‘d and the registrar, of yonr own knowltxlge'.''—A. No, sir. 

liedirect examination hy INlr. Adams; 

(C Yon do know that the registrar didn’t stop at your house that day?—A. 
Yes, sir. 

(L Yon know that a man went there who was not the registrar?—A. Yes, sir. 

(L And this lady told yon that a man not the registrar registered her'?—A. 
Yes, sir. 

(L And she told yon that she had voted the Democratic ticket?—A. Yes, sir. 

Mr. R. W. LPINTZ, a witness introduced hy the contestant, being tirst duly 
sworn, testified as follows: 

Direct examination by Mr. Waggoner: 

Yon are from IhK-kwell precinct?—A. Yes, sir. 

(J. Rowan County'.''—A. Yes, sir. 

(L IMi'. Dentz, yon were one of the judges of election?—A. Yes, sir. 

(j. Do yon know a Miss Ehope down there that teaches school'.''—A. Yes, sir. 

(•L yon know how long she had been in the precinct November 2—prior 
to that time'?—A. She is teaching school down there her third term. 

Q. Where is her home'?—A. I think Alleghany County. 

Q. How long had she been over there ])rior to November 2, ]lJ2d'?—A. The 
school term closed about the middle of May and commenced again about the mid¬ 
dle of September, 1 think. 

Q. She came back then, right about the first of September?—A, Well, about 
the middle of September. 

(i. Did she vote oji election day'?—A. Yes, sir. 

Q. Do yon know how she vottHl*?—A. Well, 1 think she voted Democratic. I 
was the man that put the tickets in the bcjx, and 1 think I noticed she voted 
I )emocratic. 

Q. J)id yon see whether she voted for Congres.smaii Donghton'?—A. 1 think 
she did. We had separate hox('S. 

Q. Did yon see anything of a i)ictnre down there of Senator Harding sur¬ 
rounded hy negro pictures'.-'—A. Yes, sir. 

D. Was that picture put on display down thei'e'?—A. No; it wasn't put on 
display. 

Q. Where did yon see it'?—A. Several pei'sons that had them and showed them 
around. 1 saw one, and 1 know of one more said to be there. I saw one myself. 

(j. Where did you see this i)icture'?—A. There was reported to he pictures 
down there and 1 says to some of the hoys to get me one, 1 wanted to sve one, 
wanted to know what it was. 

Q. Who showed y(ni the picture'?—A. I don’t just recall, hut it was Kei>uhlican 
hoys 1 had asked. 

That yon had sent to get the i)ictnr(‘s'?—A. Yes, sir. 

Q. Do yon know where he got the picture'?—A. No; I don’t. It wa.s in the 
original enveloi)e, though. 

(L What kind of eiivelo)**^?—A- envelope, about that long—ordinary 

plain envelope. 

(|. Had this enveloi)e come through the mail'.-'—A. It looked like it. Post¬ 
marked “Raleigh, ,1. D. SIkh'.’’ 


506 


CA]MPBELL VS. DOUGHTON. 


C>. Whnt is his politics?—Ho is Democratic re,a:istrai‘. at Rockwell. 

(}. Did you notice the i>ostmark to see where the envelope was mailed?—A. 
Mailed at Raleigh. 

Raleigh is the capital of this State?—A. Raleigh, A'. (A ; yes. s*ir. 

(}. ]\Ir Thomas AVarren has his othce there, doesn't lie?—A. I don’t know. 

(h That is idiont all yon know ahont the pictures is it, Mr. Lentz'.''—A. Yes, sir. 

('ross-examination hy Gov. Ktckktt : 

(>. AN’hat is yonr politics?—A. Republican. I was the Republican judge at 
Rockwell precinct. 

(h This ]»ictnre didn’t change yonr iiolitics, did it?—A. A"o ; T don't think it did. 

(}. Yon went ahead and voted' the Republican ticket?—A. 1 voted the Repub¬ 
lican ticket, because that is my princiiiles. 

Q. And the Republicans generally did the same thing?—A. AVell, I sipipose 
they did. 

(). Pretty good Republican vote down in Rockwell precinct?—A. Yes, sir; 
we are gaining considerably. 

(h Lo you think that picture caused you to gain a few?—A. I don’t know about 
that. 

Didn’t it soi't of s*tir up the Republicans? Make them pull off their coats?— 
A. T don't know that it did. 

Q. It made them mad? Fellows always work harder in politics the madder 
they get?—A. AA'ell. that could be. I am not able to say as to that. 

(]. Don’t yon know that if you get him either scared or mad he works harder 
than before? Don’t you know it is a saying in this State that no one can outrun 
a scared Democrat? Don’t you know that is a proverb in this State?—A. I have 
seen in the paper that when Democi'ats get mad there is trouble for the other 
side. 

Q. And nobody can outwork a mad Republican?—A. It could be, hut I don’t 
know it. 

Q. You did gain some'?—A. We did gain some. I don't know whether we got 
our due, though. 

Q. AVas this Republican circulating this picture around pretty industriouslj" 
that you got it from?—A.. No. 

Q. Did he charge anything to see it?—A. Not a thing. 

(}. .lust handed it around freely, this Republican was?—A. The Democrats 
was the ones displaying the ])icture. 

(}. T thought you said you got one from a Republican?—A. I did, but I sent 
him to get it. But he wasn’t showing it. As chairman of the Republican club, 
I was anxious to see what was going on. 

Q. How long did you say Aliss Shope had been teaching school?—A. I thiidv 
her third term ; two terms before election. 

Q. How long do your terms last down there?—A. About seven or eight months. 

Q. Y’'oii go beyond the constitutional requirement?—A. I don’t know about 
that. 

Q. The constitution requires you to have six months. You go the constitu¬ 
tion one better. I congratulate you. Miss Shope is a nice lady?—A. Y>s, sir. 
Her brother is Dr. Shope. 

Q. AA'hom does she live with down there?—A. She boards with ?Mr. B. A» 
Fespin at present. 

Q. Didn’t her brother pi-actice medicine down there for a while?—A. Yes, sir. 

Q. Don’t you know she lived with him a while?—A. That was years ago. He 
has been living in Salisbury for probably 12 months. 

Q. She was living with him when he lived down thei'e?—A. Yes. sir; her 
first term in school. He hasn’t been living there since. 

Q. She is a woman of good character?—A. Yes, sir; a nice lady. The ix^ople 
all like her. 

Q. She is not married?—A. I don’t think .so. Not to my knowledge. 

Q. You know, of course, that a single person can make his home anywhere he 
wants to?—A. I don’t know about that. 

Q. You know he has a legal right to do that, don’t you? A single person has 
got a right to go anywhere and locate?—A. The election law says where a 
single person eats and sleeps. 

Q, She sleeps down there, don’t she?—A. Yes, sir. 

Q. And you know when she goes up to vote she has to swear that she is a 
resident of that precinct, when she goes up-to register?—A. I think that is in 

the oath. 


(’AMPBELL VS. DOUGHTON. 


507 


Q. And yon say slio is a woman of ,uo(al cliaracter?—A. Yes. sir, 

Q. And she was registered down there?—A. Yes, sir. 

Kedirect examination by jNIr. Wacjgonee : 

Q. She wasn’t slee])in,c: there prior to ahont the middle of Septemher, 19’20? 
She had jrone home?—-A. I don’t know wliere she was. Slie had gone some¬ 
where. 

Q. Y’'on know her home is in Allegheny Comity?—A. Allegheny Comity, I 
Think. Prom the middle of May till the middle of September she wasn’t in town.. 

llecross-exaniination by Gov. Rk'kett ; 

i}. Don't yon reinemher she went to Smimu^i- Institute in Allegheny?—-A. I 
don’t know anything ahont that. 

Q. Hasn’t slie been there most of the time for the last three years, teaching 
school and living with her brother, too?—A. She has been there off and on dur¬ 
ing the school term. 

Q. And that is six months in the year?—A. Yes, sir; about. 

Q. Eight months out of twelve?—A. Yes ,sir; about eight months; that is 
ahont what our term is. 

Re-redirect examination by Mr. M'aggoner : 

Q. You say she had taught there about three terms?—A. This was her 
third term. 

Q. .Had the school committee employed her for three terms?—A. No, sir; 
one term. 

Q. So when she taught there last year, she didn’t know whether she was com¬ 
ing hack?—A. No; the report was that she was not coming hack. When she 
quit last May she said she wasn’t coming hack. That was the talk. 

Mr. W. H. CANUP. a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Adams : 

Q. Mdiat is your name?—A. W. H. Caiiiip. 

Q. Where do you live?—A. Litiker Township. 

Q. Are you registrar out there?—A. I am registrar at Hilegs IMill precinct. 

Q. How many absentee votes did you have out there?—A. Two. 

Q. Have you those votes, or certificates?—A. No, sir. Deposited them in the 
ballot boxes, best I remember. 

Q. YWii didn’t return them?—A. No, sir. 

Q, What were they—Repifblican or Democratic votes?—A. Democratic. 

Q. Y"ou don’t know where they are now?—A. I don’t know for sure whei-e 
they are now; no, sir. 

Cross-examination by G<iv. Bickett : 

Q. No names written across the hack of the ballots, was there?—A. No, sir. 

Q. There was no question raised about the legality of those votes there that 
day? No challenge?—A. Wasn’t any challenges made on the absentee votes. 
Some challenges on the others. 

Q. That is what I am talking about. That is a big Republican precinct?— 
A. Yes, sir; two to one. 

(Court takes a recess until 2 p. m.) 

(Pursuant to ad.iournment, the hearing is resumed at 2 p. m.) 

i\Ir. T. .T. RABE, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Adams : 

Q. AVhat is your name?—A. T. J. Rabe. 

Q. Where do you live?—A. West ward, 

Q. Salisbury?—A. Yes, sir. 

Q. Rowan County?—A. Y^es, sir. 

Q. Were you registrar for that precinct at the last election?—A. Yes, sir. 

(^ Which was held November 2, 1920?—A. Yes, sir. 

(h State how many, or about how many, if you know, absentee votes were 
cast there that day.—A. About eight votes. 

Q. Did they have certificates and ballots with them, or just certificates with 
some?—A. I think mo.st of them had ballots. 


50S 


rAMFBKLJ. VS. DOUGHTOX. 


Q. How in.my of tlieni were 1 )enio('i‘Mtic snid liow injiny wero Koi)nl)Lc:iii 
votes, if you know?—A. Well. I eouldii’t tell exactly. The majority were 
Democrats. 

i}. The majoi'ity were Democrats?—A. Oh. yes, sir. 

About what })er cent would you say. ^[r. Kahe?—A. Well, I should say 
90 i)er cent. 

Q. Who was the liepuhlican jud,i?e at that i)i-eciuct?—A. T. W. Winecoff. 

Q. He testified yt'sterday, didn’t he?—A. Yes, sir. 

Q. Did you preserve the l)allots and certificates and affidavits accompanying 
those ballots and the absentee votes?—A. No, sir. 

Q. A\'ere there any aflidavits with tho.se tickets; that is. affidavits as to 
being sick?—A. T think probably half a dozen; something like that. 

(). Did those affi<lavits have with Them a ballot? —A. Yes, sir. 

(h AA'ho opened those absentee votes, Mr. Rabe—A. I think Mr. ^Manley and 
Mr. Winecoff. 

Q. You think they opened them \ip themselves?—A. Yes, sii'. 

(h Did you keep the poll hook?—A. No, sir. T kept the registration hook. 

(). Did you check those who voted from the registration hook?—A. Yes, sir. 

So while they were putting the ballots in, you Avere checking the regi.s- 

tration book?—A. Yes, sir. 

(h And you didn’t open tho.se your.self?—A. I may have opened some. 

Q. You didn’t put the ballots in the box—A. I may have put some in the box. 

I don’t rememhei', 

(,|. Not all of them?—A. No, sir. 

Q. Yh)u say you have not pi'eseiwed those affidavits or certificates or ballots?— 
A. No, .sir. Didn’t preserve them two years ago, nor we didn’t this time. 

Q. Did you preserve the ballots of all the votes?—A. No, sir. 

(). You didn’t preserve any of tlie ballots?—A. No, sir. 

(i. Of the voters who voted in person?—A. No, sir. 

Q. So if a recount should be desired in that ward it couldn’t be ha<l?—A, I 
reckon not. T preserved—-last spring T ])i‘eserved the i)rimary ballots. 

Q. That Avas in the Democratic pi’imai'y?—A. Yes, sir. 

tj. Were any Republican candidates in that? —A. No, sir. The ballots AA'ere 
all left in the box; in the AvaterAvorks office; not sealed up. 

Q. You didn’t make a return of those ballots and certificates to the register 
of deeds?—A. No, sir. 

Q. You didn’t make a I’eturu of the ballots to the register of deeds?—A. 
No, sir. 

Q. And, so far as you kiiOAV now. you don’t knoAV AA'hether the ballots or 
certificates of the absentee votes, or anything i)ertaining thereto, can be pro¬ 
duced? —A. No. .'^ii’; T don't. They might ]K)ssihly be some around there, but I 
haven’t looked to see. 

(j. Ml'. Rahe, you registered 1 lielieve. R. ^I. Hudson and his Avife?—A. Well, 
I don’t remember. T registered over 900. 1 can’t remember all of them. 

(^. Do yon knoAV R. M. Hmlson?—A. I don’t know AAdiether I do or not. I 
kneAV —isn’t he a contractor here in toAvn? Sti'eet Avorkman? 

(J. T ilon’t knoAc. Do you knoAv AA’hether his AA’ife voteil or not? —A. No. sir; 
I don’t knoAV. 

(h Yon say you don’t knoAv the jiarties?—A. T don’t think I do. 

(h Hoav long haA’e yon been living in that ward, Mr. Rabe?—A. About 19 
years. 

Q. Hoav many years haA’e you been registrar? —A. Oh. T don’t knoAV ; several 
elections. 

(y You are iirt'tly Avell acipiainted Avith the A'oters of that precinct, or 
Avard?— A. Tolerably Avell. Well, uoav, there have been a great many moved in 
thei’e that are neAVcomers, that T think maybe T don’t knoAV. 

i). You don’t remember an R. ]\[. Hudson voting in the 1918 election, do 
you?—A. No, sir. 

(1. Do you remember tlnit he Avas in the 1918 registration hook?—A. No, sir; 
I don’t. There Avas about a thousand names on the old registration. I don’t 
remember. 

(}. You sa.A’ .you registered about 990. Do you mean that you registered about 
900 new voters?—A. Yes, sir; T think something oA’er 900. 

Q. Then transferred from the old book-A. No, sir; they Avasu’t transferred 

at all. NeAv registration; neAv A'oters. 

(y Did you keep a sejiarate I’egistration hook for th(‘ Avomen ;ind for the 
men? —A. No, sir; registered them all together. 



C'AMPHKLL VS. DOUGHTO^^. 


509 


(). V»)ii SMV you didn't truusfer the i-oiiistration of —A. Xo, sir: I 

didn t. 1 iiuido u]> a new Ixiok foi* 1920; made nj) a iU‘W Ixiok entirely. 

(Xo cross-examination.) 

Mr. (’. F. fKK’K, a witness inti'odnct'd by tlie contestant, lu'in.u' tirst duly 
sworn, testilied as follows: 

Direct examination by W.A.nnoxEH : 

i}. Mi‘. Fri(‘k, wert* yon the Keimblican jnd.ue over at Hatter’s sboi»?—A. Yes. 
sir, 

ii. Do yon know wludlier Mi-s. Ollie Ito^^s voted there that day?—A. Yes, sir; 
she voted. 

i-j. Do yon know liow she voted'.''—A. Well, T c<nildirt say as to that. 

Q. Did she vote the Democratic ticket?—A. I couldn't say as to that. 

Yon don’t know tlnit'.''—A. X(», sir. 

Well, did she lto ni) tn the box and jait her ticket in, or di> yon know':*—A. 

1 am not i)ositive about her jioinit to the box, because a lot of tickets were car¬ 
ried in there from out in the yard. 

(.). Did yon see the ticket deposited for her':*—A. Yes, sir. ^ 

(). Well, who deposited that ticket? Yon or the other .jndjie',''—A. 1 thiid< Mr. 
Kesler, the other jnd,i>e. dt'i)osited that ticket. 

Q. Did yon have an.v 5d)sentee votes out there?—-A. They i)resented two. 

(,), AVere the.v voted';*—A. Xo. 

(^. ^^dly were they not voted'/—A, Well. Mr. Kesler jtot the tickets and 
opened them and went to put them in the box. and I told him that 1 had to see 
them, or whether they were si.aned up, and furthermore, they had to be seahxl 
nj* and bronttiit into town and kept for a certain lenjtth of time, as T under¬ 
stood the law, and when 1 said that, he stuck them back in the envelope and 
stuck them in his i»ocket. 

Q. Who was he?—-A. L, A. Kesler, the Democratic .indjte. And he didn’t 
offer to vote them then. 

Q, Did yon see who the.y were; did yon see the certificates?—A. Xo; I never 
saw anything except the outside of the envelope. He said he had two absentee 
votes he was going to put in the box. 

Q, What did he do with them after yon told him yon wanted to see them?— 
A. Put them in the envelope and put them in his pocket. 

Q. Did he ever tell yon ^A'ho they were?—A. Yes, sir; said one was Mrs. 
George Long and the other was a Miller. I am not positive what Miller, but 
one was a jNliller and the other was INIrs. George Long. 

Q. Did he say why he didn’t want them voted'/—A. No; he said he was going 
to bring them to town, 

Q. They were not counted?—A. No. 

Cross-examination by Gov. Bickett : 

(L As soon as yon blocked him he slowed up, and that was the end of it?—A. 
Yes. sir; they Wfisn’t voted. 

Q. Are yon any kin to Mr. Henry C. Frick?—A. The man from I’ennsylvania? 
Well, I don’t know; I hope I am. 

Redirect examination by Mr. Waggoner : 

Q. Did yon prevent the man from voting those tickets? 

Gov. Bickett. The contestee objects. Let the witness state the facts. 

Mr. Adams. Yon cross-examined him, and conclusions upon the facts in 
evidence are admissible. 

A. Well, I told him I had to see them before he could vote them, and he 
refused to let me see them, and put them biick in his pocket. 

Q. He didn’t vote them?—A. He didn’t vote them. 

Mr. P. C. LENTZ, a witness introduced by the contestant, being first duly 
sworn, testifies as follows: 

Direct examination by Mr. Waggoner : 

Q. Do yon know anything about the registration of Mrs. Boggs?—A. No more 
than what INIr. Boggs said. 

Q. What did he say?—A. Said there wouldn’t anybody vote from his house 
but him. 

Q. Did he say the reason why?—A. He said they hadn’t registered. 


510 


CAMPBELL VS. DOUGHTOX. 


Q. Tliut was after the registration books had closed?— A. Well, it was the 
night of the 23d. 

Q. You know the registration books had closed on the 23d?—A, Yes, sir. 

Q. You live in that precinct, over in Hatters Shop?—A. Yes, sir. 

Q. And are one of the voters over there?—A. Yes, sir. 

Cross-examination by Gov. Bickett: 

Q. He said there would be nobody vote from his house but himself?—A. That 
is what he said. 

Q. He sort of created a monopoly in voting from his household; is that what 
he was doing?—A. Sir? 

Q. Did he declare a monopoly in himself, so far as voting was concerned? 

The CoMMissioNEE. I will ask the governor to speak in ordinary language. 
The witness doesn’t understand what monopoly means. 

Q. He meant that nobody was going to vote from his house except himself; 
that he was going to do the voting for the whole family ?—A. He didn’t say that. 

Q. That is what he meant?—A. Well, I reckon he meant that he was all the 
one that could vote. 

Q. He said he was the only one that was going to do it?—A. Said he was the 
only one that could. 

(}. The old lady slipped up on him and surprised him by voting anyhow?— 
A. They say she voted. 

(}. She put one over on the old man, didn’t she?—A, I reckon she must have. 

Mr. E. H. BEAN, recalled, testified as follows: 

Direct examination by Mr. Adams : 

Q. Have you the poll book for the south ward?—A. Yes, sir. 

Q. Does M. A. llogers appejir as having voted in the south ward?—A. Yes, 
sir; he vote<l, according to the poll book. 

(^. Is he a (pialified voter?—A. No poll tax paid. 

(i. Do you know anything about how old he is?—A. I knew an M. A. Rogers 
years ago, but I don’t know where he is. 

Q. Is he a resident of the south ward?—A. He was then. 

(}. Do you know where he is now?—A. No, sir. 

Q. How long has he been away from here?—A. I haven’t seen him for some 
years. 

Q. R. V. Trollinger. Does he appear as having voted, on the poll book?—^A. 
Y'es, sir. 

Q. Do you know where R. V. Trollinger is?—A. In Virginia. 

Q. How long has he been there?—A. Some years. 

Q. Is he listed for poll?—A. I should say he isn’t. Because he hasn’t been 
here. No poll tax paid. 

Q. T. L. Whisnant. Does he appear as having voted, on the book?—A. 
Yes, sir. 

Q. Do you know where he is?—A. * * * 

Q. How long since he lived at this place, if he ever did?—A. Four or five 
years; maybe longer. 

Q. W. R. M'are, jr.?—A. Been gone several years. No poll tax paid for him. 

Q. Does he reside here now?—A. No. 

Q. S. O. Foreman. Does he appear as having voted?—A. Yes, sir. He is in 
Virginia. 

Q. How long has he been there?—A. Been there three years or more; maybe 
longer. No poll tax paid. 

Q. L. A. .Julian. Does he api^ear as having voted?—A. Yes, sir. No poll tax 
paid. 

Q. AVhere is he? A. I don’t know where he is. I haven’t known anything 
of him in some years. 

Q. .James L. .Julian?—A. He appears as having voted. No poll tax paid. 
Been living in Kings IMountain several years. He is married. 

Q. A. L. Curi-y?—A. Been gone some years. No poll tax paid. He appears 
as having voted. 

(}. Whei-e has he gone?—A. He followed his father-in-law to Virginia. I 
don’t know whei-e he is now. 

Q. V. A. Foreman?—A. Foreman has been gone several years. lie is in 
Detroit—or maybe in Ohio, No poll tax paid. He vote<l. 


CAMPBELI. VS. DOUGHTON. 


511 


Q. Charles S. Julian?—A, He has been away for several years. In and out. 
No poll tax paid. Voted. South ward. 

(J. How old is he?—A. ]May be close to 30. 

J. L>. Lincoln?—A. No poll tax paid. He voted. Listed. He is a soldier. 

Q. He voted in the south ward?—A. Yes, sir. He is an assistant at Chapel 
Hill. 

Gov. Bickett. The contestee in this case, having seen in the Greensboro Daily 
News, a statement to the effect that in the county of Stanly the contestant had 
made an entry of record in this investigation over there that he did not propose 
to challenge the votes of any soldiers in Stanly County on account of the failure 
to pay poll tax, and the contestee having been reliably informed, through other 
sources, that this entry in Stanly County was made by the son of the con¬ 
testant, who is also an attorney at law, and of counsel for his father in this 
case, the contestee again desires to inquire in open court as to whether or not 
it is the ])urpose of the contestant to challenge the votes of soldiers iq other 
counties than Stanly, on account of the failure to pay poll tax. Dr. Campbell 
is here in person and by attorneys, and I would like for him to Jinswer and 
give us the benefit of his position. 

Mr. Adams. The contestant, through his attorney, objects to the governor 
inserting in the record matters of hearsay, or information, or newspaper report, 
as such source is not reliable enough to satisfy us in this matter, and further¬ 
more, that the.v can be governed by our actions, as the attorney speaking is an 
ex-soldier and also has a poll tax receipt, where he paid 1919 tax, including poll, 
in the count.v of Stanly. 

Gov. Bickett. Y^ou decline to answer the question? 

Mr. Adams. I said you could be governed by our actions. 

Gov. Bickett. You have not told us whether or not you are going to challenge 
in other counties. ' 

Mr. Adams. You will know about other counties when we get there. If I 
am there I will challenge all the way. 

Gov. Bickett, The contestant declines, being present in person and by 
attorney, to answer the inquiry of the contestee above set forth. 

Q. E. D. Trollinger?—A. No poll tax paid. 

Q. Where does he live?—A. He is in Virginia, somewhere. 

Q. How long has he been there?—A. Four or five years, or more. He appears 
as having voted, in the poll book, in the south ward. 

Q. H. M. Brown?—A. No poll tax paid for him. No tax listed. Only one 
H. M. Brown I know. No poll tax for him. He is over 50. He lives in another 
ward, and voted in the south ward. 

Q. Are these peofile that have here voted, who are nonresidents and away 
from here, that you have testified about—they appear on there consecutively, 
do they?—A. They have so far, with two or three exceptions. 

Q. V. H. Trollinger ?-^A. He must be R. H. There wasn’t any V. H. 

Q. What about him?—A. He is over .50. Been a resident of Virginia for some 
years. Voted in south ward. 

Q. R. H. Miller?—A. I don't remember any R. H. Miller. W. L, Miller- 

Q. Does he appear as having voted'?—A. Yes, sir, 

Q. Where does he live?—A. There isn’t but one W. L. Miller, and he is over 
50. Another W. L. Miller that used to live there. Two W. L. Millers vote in 
the south ward. No poll tax paid. 

Q. What age is he?—A. Twenty-eight or 30; maybe more. 

Q. Alex Devine'?—A. No poll tax. Don’t know him. No one seems to know 
him. 

Q. J. I. Lincoln?—A. No poll tax. Voted in south ward. 

(}. How old is he?—A. Around 30—about 30. 

(J, M. E. Knight? ^ ' 

By Gov. Bickett: 

Q. Did you state that he was a soldier?—A. No, sir; I didn’t. 

Q. Was he?—A. He was in the North. I think perhaps he was. He went 
to a munitions plant and perhaps he got in the service. 

By ]Mr. Adams: 

Q. M.W. Erwin'?—A. No poll tax paid. Voted in the south ward. 

(}. AVbere does he live?—A. There are two W. ]M. Erwins I know were here 
years ago. one in Kannapolis and one in Stanly (’ounty. 

Q. How old is he?—A. One near 40 and the other near 30. 



512 


CAMPBELL VS. DOUGHTON. 


Q. He appears as liavinj; voted in tlie south ward?—A. Yes, sir. 

Q, Dr, .1. T. Wrij^ht?—A. I don’t know jd)ont Ids aae. Maybe nO. He 
hasn’t been here for years. He was siii)erinten(lent of the (J, N, W, He 
voted, 

(i. Lafayette (’larke*?—A, No poll tax pai<l. He has been living’' in Concord 
three or four years. He voted, 

W, H, ('ui’ry?—A, No ]>oll tax i»ai<l. He voted in the south war<l, Keen 
.tjone for some years, 

Q, How old is he?—A, Thirty or thirty-tive, 

Q. A, B, Brown?—A, AVell over .lO, Only one 1 know of down there by that 
name. 

How old is he*,''—A, ]\Iaybe 00, 

Q. .J, T, Harkey ?—A, No poll tax for him. He has been in California for 
years. The only one they know down there and the only one I ever knew, 

Q, .W, T, Cook?—A, No poll tax. Don’t know him. 

(^. Do yon know how old he is?—A. No. sir. Some one told me he was 
under 50, but I don’t know. 

ii. Floyd Randolph?—A. No poll tax. I don’t know him. 

Q. Have yon made imiuiries about him?—A. Yes, s.r. No one knows him 
that I asked. 

i}. AV. H. Davey?—A. No poll tax; unknown. He voted. 
i}. Do you know how old he is?—A. No, sir. 

Q. C. L. Daniels’?—A. No poll tax; for that i)recinct. I inquired about him. - 
He voted in the south ward. 

Q. AV. P>. Sheets’?—A. No i)oll tax for him; ])oll-tax a.ite; neijihborhoo'l of 3d. 
Been away for several years. 

Q. All the way he could have v(»ted was by absentee?—A. Yes, sir. His 
sister hardly knew where he was. 

Q, AA’ade Stoddard’?—A. He is of ])oll-tax a.ae. Perhaps 35 or imu'e. 

Does he live in this county now’?—A. He hasn’t lived here for years. 
Lives in Greensboro. He voted, 

(i. C. D. Brown?—A. iMust be C. O. 

Q. All riftht; C. O.—A He is about 40; maybe more. No poll tax paid. 
A’oted in south ward; also voted in north ward. 

Q, W. P. Smith?—A. No poll tax. Nobody knows him. 
ii. Resident of this ward’?—A. They don’t know him. 

(N Norman Brown’?—A. I’erhaps 35 or 4d. No poll tax paid. A’oted in that 
ward. 

Q. Roy Cauble’?—A. No poll tax i»aid. A’oted in that ward. Thirty or more. 

Q. Is he a resident of that ward?—A. He was a soldier. 

Q. AA’hat is his afie’?—A. Thirty or more. 

Q. .T. AA’. Compton?—A. He appears as havini; voted in that ward. 

Q. Do you know how old he is’?—A. No; only hearsay. Been two people here 
of those initials. One in the AA’est and one in the North ward. No poll tax paid 
for either one. 

Q. J. B. Rice?—A. No poll tax. 

Q. Is he listed?—A. No; that boy hasn’t listed any tax. 

Q. Do you know him’?—A. Yes, sir. 

Q. How old is he?—A. May be 25 or more. 

(.J, John Ed. Hoo])er?—A. Youni; boy, twenty-two or three. No poll tax paid. 

Q, Does he apiu'ar as havinf>- voted’?—A. A’es, sir. 

Q. A. P. Buford?—A. No poll tax i)aid. 

Q. Do you know him’?—A. Yes, sir. A’oted in south ward. 

Q. How old is he?—A. Neij?hborhood of ‘2S to 30. 

Q. E. AA’. Crowder?—A. No poll tax paid. 

(N Does he appear as having voted?—A. Appears as havin.o; voted. I don’t 
know him, only I know he is connected with the street force and has not been 
here very lonji;. 

Q. Do you know where he came from?—A. Only what his associates said. 

Q. AA’here did they say he came from’?—A. South (’arolina. 

Q. R. E. Nicholson?—A. He voted. No poll tax. ^lay be 2(5 or 28. He was a 
soldier. 

Q. .1. AI. Nicholson?—A. Soldier. No poll tax. A’oted. 

Q. E. M. Allen’?—A. No poll tax. He voted. 1 don’t know him 
(J. T. F, Howai'd?—A. No poll tax. 

Q. Do you know how old he is?—A. No; only what othei-s say. I knew liim 
to be of taxable a^e. He voted. 


/ 


('AMPBELL VS. DOUGHTON. 513 

Q. Eaw I'euco HaynesV—A. Xn iioll tax. Taxable ajiv. Hevnteil. S».)Ulit^r, t 

think. 

Q. I-j-aley HessV—A. He is lU'ebably '!') oi- more; 24 or 2.*). Xo poll tax. 

(}. Hoes he ai>pear as havin'; votedV—A, He appears as having; voted. I don't 
know whether he was a soldier. 

Q. E. H. Hooper?—A. Xo jtoll tax; 40 or more. 

Q. Api>ea]‘ as having; voted?—A. Yes, sii*. 

(h •!. Butler?—A. Xo j>olI tax. He voted. T don’t know him. 

Q. Those yon have named—do you km)w their polities?—A. When 1 last knew 
them they were Hemoerats; Democrats now. 

Q. Their reputed politics is Democratic?—A. Yes, sir. That is the reason I 
said “ unknown ” as to some. 

Q. Those you said you didn't know, you (hm't know what theii* i)olities is?— 
A. No. 

Q- Ma.1(>i'. you don't kmnv anythinj; about Xorman .Brown .itoin:; over in South 
Carolina?—A. (^nly hearsay. 

(}. In the east ward, does K. L. Shannahan appear as havinj; voted?—A; 
Yes. sii*. 

Q. Has he paid any poll tax?—A. Xo, sir. i 

Q. Has he listed?—A. N"o; he hasn't listed. 

(j. Where did he come from to tliis county?—A. 1 oidy know what I have 
heal'd. They had him in court. 

(1. ^Miat <lid they do with him in court'?—A. Sent him to the roads. 

Q. The first he was heai'd of. they sent him to the roads, in this counti'y'?— 
A. I just know they sent him to the roads. 

(>. AYhen was that?—A. Some time last year. 

(>. Is be about here now?—A. I don’t know. 

(h Do you know where lie came from?—A. I hIo not. 

Q. E. Bosseau? Has- he iiaid his poll?—A. Xo, sir. He came here last fail. 

Q. Do you know where he came from?—A. Pennsylvania or New .Ter.sey, 

Q. R. W. Elmer?—A. Xo poll. He left here last year some time. 

(h ,J. S. Henderson, jr.?—A. Xo poll tax paid, 

Q. Does he appear as havinj; voted?—A. Yes, sir. 

(}. Leonard Henderson?—A. Xo poll tax. He appears as having voted. Afv 
p(‘ars on one of the other books. 

(). Was be liable for poll?—A. Yes, sir. 

C>. And those other jiarties that you have testified about are liable for ])oll?— 
A. Ws, sir. 

Dross-examination by Gov. Bickktt: 

Q. You have been connected with the administration of the tax laws of the 
county for sevei'al years, haven't you?—A. Yes, sir. 

Q. You remember the oi'der that was made by the commissioners of Rowan 
County exem])ting the soldiers and sailoi's of the AVorld War from the payment 
of poli tax?—A. Yes, sir; I read it in the paper afterwards. 

Q. -And the evidence discloses here, INIajor, that you are fairly well posted 
about what is going on in the community. I believe you are writing a history 
of the county?—A. I was. I lost the manuscript by tire; 8,000 pages. 

Q. And yon do know, as a matter of fact Major, tliat it was the universal 
understanding in Rowan (’ounty that the soldiers would not be called upon to 
pay poll tax?—A, The county commissioners passed it, and everyhndy ac¬ 
cepted it. 

(}. Don't you know, iMajor. that some of the soldiers offered to pay tlieir poll 
tax"^ and the sheriff refused to accept the money?—A. I heard so. 

Redirect examination by Mr, Adams: 

Q. Mr. Bean, Gov. Bickett asked you whether you didn’t know that some 
.«ol(liei's had offered to pay their poll tax and the sherilf refused the money. 
Do you know of any soldier who was going to vote the Republican ticket, or 
whose politics was reputed to be Republican, whose poll tax was refused by 
the shei'iff when he offered to pa.v it'?—A, I do not. 

Q. Do y(»u know that Republican .soldiers, who voted the Republican ticket, 
were recjuired to pay poll tax, and it was acce})ted ? A. I do not. 

Q. :\Ir. Bean, did you ever read in the paper where the Legislature of North 
Carolina did anything for the, soldiers?—A, In what way? ^ 

Q. Ai)propriation, or bonus, or gifts, or refunds'? A. Xo; I didn t. 


.0760.5—21-33 



514 


(’AMPBELL YS. DOUGHTOX. 


Q. As a matter of fact, they have power and authority to do such thinji’S if 
they like, couldn't they?—A. They could, to the extent of their authority. 

Q. Do you know wherein the authority lies for the county commissioners to 
make ftifts or refunds to soldiers?—A. I do not. 

(}. Hasn't the Le.ijislatiire of North Darolina been in session twice since the 
Avar ended'.''—A. Includinj>: this one; yes, sii‘. 

{}. And it has been a Democratic leitislature, hasn’t it?—A. Yes, sii‘. 

(h Every time?—^A. Yes, sir. 

Q. And a Denrocratic .tjovei-nor, I believe?—A. Yes, sir. 

Ke-]‘ecross-examination by Gov. Bickett : 

Q., ^lajoi*, did you see the rulinji' made by the attorney general of the State 
that the commissioners had authority to exempt the soldiers from the payment 
of ])oll tax'?—A. I don't i-ememher that I evei* did. Perhaps I did read it at the 
time. 

Q. Ma.i'or, counsel for the other side have gone somewhat into the morals of 
the question—I ask you, as a ]mh]ic-si)irited citizen, whether or not you think 
it is in keeping with g(M)d conscience to challenge the vote of a soldier for the 
nonpayment of i)oll tax, under the circumstances, in Rowan County? 

]Mr. Adams. The contestant oh.lects to the witne.ss giving his o])inion in mat¬ 
ters of this sort, and as to hypothetical questions. ■ ' 

Gov. Bickett., That is not a hypothetical question. 

Q. Go ahead and answei- it?—A. If it is law, I would say yes. 

(}. I am talking about—you know the situation here in Rowan Count.v ; I am 
asking you if you know, if, in yoiii’ opinion, it isn’t unconscionable to raise thi.s 
(piestion of the failure of a soldier’s vote on account of the nonpayment of poll 
tax, and if it isn’t against your wishes and against your .iudgment?—A. I don’t 
know about that. If it is laAV. 1 diould think it is all right. 

Q.. If it is law in one county, it is law in the other, isn’t it?—A. I should say 
it would he. 

Q. AVhat do you think about it, indejiendent of the laAV? Let's get down to 
the question.—A. I would rather think it would not be out of the way, if we 
could get around it. 

Q. Not out of the way, how?—A. To exempt them, if you could get around it. 

Q., Don’t you think, by virtue of the order made here by the commissioners 
of Rowan County, that this question of the payment of poll tax by the soldiers 
ought not to he raiserl? It ought not to be raised on account of the soldiers, 
ought it?—A. Hardly; I think so. 

Q. The soldiers believed they were entitled to vote without violating the law, 
notwithstanding the nonpayment of poll tax'?—A. I suppose they did. 

Q. And they had a right to suppose so. by virtue of the order made by the 
commissioners?—A. I suppose it was up to the commissioners; yes, sir. 

(^, You don’t propose to swear out any wari-ants for soldiers for voting Avith- 
out the payment of poll tax. do you, INla.Ior?—A. No, sir. 

Q. They couldn’t make you do it Avith a gun?—A. No, sir, 

Re-redirect examination by Mr. Adams : 

R). ]Mr. Bean, in the attack here upon the absentee vote, you liaA’e made dili¬ 
gent search to tind the names in the city directories, have you?—'A., Yes, sir. 

Q. All the people that voted?—A. Yes, sir. 

Q. You have also made diligent search to find if they AA^ere listed for poll?—A. 
Some of them. It was such an unusual case. 

(). You have also made diligent search to find if they paid poll tax, haven’t 
you?—A. Those names? 

Q. Yes, sir.—A. Yes. sir. 

(}. And I understand that you found a lot of those people A’oted liere Avho 
luiA’eii’t been here for years?—A. Yes, sir. 

:Mr. ]M. A. SHANK, a AAutness introduced by the contestant, being first duly 
SAvorn, testified as follows: 

Direct examination by iNIr. Waggonek: 

(,). You Avere the registrar in the north Avard? —A. Yes, sir. 

Q. City of Salisbury, RoAvan County'?—A. Yes. sir. 

Q. That is the November election?—A. Yes, sir. 

Q. INIr. Shank. hoAv many absentee votes Avere cast in your Avard? —A. I don't 
knoAV exactly. I think hetAveen 80 and 100. 

Q. AVhei-e are those certificates'?—A. I haven’t got them. 


CAMPBELL VS. DOUGHTON. 


515 


Q. What (lid you do with them?—A. I haven't sot them. I didn’t return 
them. 

Q. Did you preserve the ballots?—A. What ballots? 

Q. The absentee votes?—A. No. 

Q. What did you do with the ballots?—A. AMu mean.the ballots that were 
cast that day? 

Q. Yes, sir.—A. Y^es; I sealed them up and put them in the chief of police’s 
office. Sealed them up; all except the consressional vote; and I think I put 
them in my room. Packed them up in a small box and carried it up to my room. 

Q. Do you know whether those absentee votes were Ilepublican or Demo¬ 
cratic?—A. They were both. 

Q. What per cent do you suppose were Democratic?—A. I couldn't tell; most 
of them were Democratic. I expect might have been 25 per cent llepublicans. 
I don’t think that many. 

Q. Now, ]\Ir. Shank, when you received those certificates, did they all have 
ballots with them? Were ballots inclosed with the certificates?—A. You mean 
ballots with the certificates? 

Q. Y^es.—A. I don’t recall. May have been some white slips, authorizing the 
.ludges to cast the .vote of a certain party. 

Q. You don’t know how many there were?—A. No; very few. I didn’t open 
them. INIr. Price took all those out of the envelopes. I didn’t handle the ticket 
■nt all. 

Q. You didn't open them?—A. No, sir. INIr. Swicegood and INIr. Price handled 
all of them. 

Q. Y"ou didn’t put the ballots in the box?—A. No. All I did was to write 
the names on the poll box. 

Q. On that poll book how did those names appear—in alphabetical order?— 
A. No, sir; all mixed up. They opened a few and I would write them on the 
poll book, and half a dozen people would come along and I would vote them. 

Q. Did you mark them absentee?—A. No, sir. 

Q. (’ould you t(dl to-day, if you would look at your book, the ones that were 
absentee voters?—A. No, sir. 

Q. There is no way you could ascertain who cast the absentee votes?—A. No, 
sir; except a few that I know. 

Q. You couldn’t say exactly how many?—A. No, sir. 


Cross-examination by Gov. Pickett : 

Q. Mr. Shank, you remember that in that ward that :Mr. Doughton's vote 
ran behind the Democratic ticket considerably, don’t you?—A. Yes, sir. 

Q. YMu remember that it was a matter of considerable comment while the 
absentee votes were being opened and cast that they did not contain votes for 
Congressman Doughton?—A. Yes. sir; the Democratic judge made that remark 
after quite a few were cast. Said, “ Something wrong; there is no congres¬ 
sional ticket with these Democratic votes.” Put we didn’t put any tickets in 
with them. They were just not in there. AVe notic-ed one after the other 
that didn’t have a congjvssional ticket. All that was in there commented on 
•why it was. 

Redirect examination by Air. Waggoner: 

Q. YT)u would not say how many there were that did not contain con¬ 
gressional tickets?—A. No; but from what the judge said there was a good 
many. 

Q. YWu didn’t keep any count?—A. Aso. 

O. Y^ou didn’t see any of the tickets, did you. Air. Shank?—A. No; I didn’t 
handle them at all. 

Q. So you don’t know?—A. No. _ ' 

Q. You couldn’t swear whetlu-'i’ there were 10 lacking or .5?—A. Not except 

Avhat the judge said. 

Q. You just heard him mention that'?—A. A es, sir. 


Recro.ss-examination by Gov. Pickett: 

Q. You do ki'ow from the record P'.at Air. Doughton was about 50 votes 

behind there in that precinct?—A. Yes. sir. .p 

Q. Do you know of any Democrat that came in person that didii t vote tor 

Air. Doughton?—A. No. sir.' 

Q. Did you hear any comnuMit 

ouestion. 


about that?—A. T don't understand the 


516 


CAMPBELL YS. DOUGHTOX. 


i). There was no eoiniueut tliat i)e()i)le in person were not voting foi' Mr. 
Doughtoii?—A. No. 

(^. All the eoinnient was about the absentee votes’/—A. Yes. sir. 

Q. :Mr. Doughton ran bO votes lieliind in the box’/—A. (piite a iniinber. 1 
don’t know just what the miinber was. 

Ue-redireet examination l).v IMr. ^YA(:(iOIs'l:l{: 

You didn’t see any of the absentee votes, and you don t know how many 
contained congressional ballots and how many did not / A. 1 saw some. I 
never lieard any comment from any of the judges about anyone failing to 
put in a congressional ticket. 

Q. Did you see whether tliey did or did not vote for .Mr. Doughton’?—A. Ao; 

I didn’t see it. 

Q. You don’t know how many came up tliei'e and voted in person who did 
not vote for ^^Ir. Dougliton’/ It is not a matter of iiei-sonal knowledge’? You 
couldn’t say whether lie ran behind there in the personal vote or how’?—A. No. 
Hut I know if he had the judge would have made some comment. 

Q. That is a matter of opinion?—A. Yes, sir. 

IVIr. INI. L. GANTT, a witness introduced by the contesta'nt, being first duly 
sworn, testified as follows: 

Direct examination by INIr. Adams: 

Q.. MTiat is your name?—A. M. L. Gantt. 

Q. AYhere do you live?—A. No. 1000 South Fulton. 

Q. ^Yhat official are you here in the Kejmblican Party?—A. A member of the 
hoard of elections—minority member. 

Q. \Yere you jiresent at the nor^h ward on election day?—A, Yes, sir. 

(i. Do you remember seeing the boxes ojien there that day?—A. Yes, sir. 

(}. State the conditions ami how they were. Were they locked or sealed?— 
A. ATo; the.v were oiien. 

(j. How were the votes being put in?—A. Through the top of the box. There 
was a large jilace I could put my hand down through. The reason I was in 
there, I carried some absentee votes that were sent to me and delivered them 
to Mr. Shank. Mr. Shank was sitting about as far from me to him from 
the boxes, and Mr. Martin and one or two other men down there were putting in 
the ballots, and Mr. ^lartin raised up the lid of the box and crammed them 
down, and I said. “Don’t do that, gentlemen. The box is supjiosed to be 
locked, according to law.’’ 

(,>. This north ward is one of the wards where they claimed that i\Ir. Doughton 
ran so far behind?—A. I could not say positively. I don't know. 

Cross-examination by Gov. Rtckett: 

(2. Don't you remember that the box was so full that after they put the bal¬ 
lots in they would not fall down, and they just opened the box for the juirpose 
of mashing them down, and the Republican judge explained that to you?— 
A. No: T was standing looking at them. They raised up the box and pressed 
the ballots down, and I called attention to it, as the law states that the boxes 
should be locked and not opened. That is why I called attention to it. 

Q. They were just iiressing down the ballots so as to give more room?—A. 
There was plenty of room. They could have put them in from the top. 

Q. Don’t you know that is the explanation that the Republican judge made?— 
A. 1 don't know what he made. 

Q. Mr. Sowers was the Republican judge?—A. Yes. sir. 

(j. Don’t you remember he made that exiilanatioii; that there were so many 
more ballots than they were u.sed to?—A. IMr. Shank and IMr. George R. ^Martin 
were the only two. men that spoke to me. They said, “ Don’t raise any trouble.” 
I said, “ 1 am not going to raise any ti-ouble. I was just calling your attention 
to the fact that the law requires the voting box to be sealed.” Mr. Shank can 
say whether that was the conversation. 

(j. Don't you remember that in that l)ox Mr. Doughton ran considerably be¬ 
hind and IMr. Cainjibell ahead?—A. I am not positive about that. I couldn’t say. 

Q. Do you remember which box it was that was raised up?—A. Raised all of 
them. Raised one and went on to the other. I called him and he turned around. 

Q. Do you remember whether they raised the congressional box or not?—A. 
The.v raised all the boxes he had there. I don’t know how many he had—quite 
a number. 


CAMPBELL YS. DOUGHTON. 


517 


Q. You don’t renieniber distinctly whether they i'aise<l the conjiressional hox 
or not?—A. The.\ raised all the hox lids they had; raised all they had there. 

Mr. T{. M. BROWN, a witness introduced hy the contestant, being tirst duly 
sworn, testirted as follows: 

Direct exaininaticui by IMr. Waogoner : 

<}. You live at Granite Quan-y?—A. I live at Granite C,)uarry. 

Q. IMr. Bi-own, do you know Sidney Hartmann?—A. \>s, sir. 

(}. !>(► you know bis iH)litics?—A. Yes, sir. 

(}. ^Vhat is it?—A. Democratic. 

Ho you know .Jesse Kik\v?—A. Yes, sir. 

<k ^^’bat is bis politics?—A. Democratic. 

Did he vote?—A. Yes, sii-. 

(J. Do you know William Miller?—A. Yes, sir. 

(J. Do you know his i)olitics?—A. Yes, sir. 

(j. What is it?—A. Democratic. 

Q. Did he vote?—A. Yes, sir. 

(}. Do you know Lon Hartmann?—A. Yes, sir. He is a Democrat. 

<L J dd he vote at the general election?—A. Yes, sir. 

(). Do you know Arthur A. Ijentz?—A. Yes, sir. 

(k Do you know his reporte<l politics?—A. I am not so ])ositive. 

(>. What is it reported to be?—A. I would think him a Democrat. I am 
not so positive. 

(). Did he vote?—A. \"es, sir. 

(). Do you know .J. AN'. Rector?—A. Yes, sir. 
tk 1 >id he vote?—A. Yes, sir. 

(). What is his reported politics?—A. Democratic. 

(). Do you know H. P. T^etier?—A. Yes, sir. He is a Democrat. 

(^. Did he vote?—A. Yes, sir. 

Q. Do y(ni know .Toe Smith?—A. Y^es, sir. He voted. He is a Democrat. 

(}. Do you know .Toseph AValton?—A. Y^es. sir. He voted. He is a Demo¬ 
crat. 

(}. Do you know the age of all these people? Ai-e the.v all of poll-tax age?— 
A. Yes, sir; all of poll-tax age. 

Q. These men all voted at Graidte Quarry?—A. Y>s, sir. 

Cross-examination by Gov. TTickett : 

Q. Did you see them vote?—A. Y^e.s, sir. 

(}. Were you an election olficer?—A. No, but I was at the polls. 

(). Did you see the ticket each one voted?—A. No; I didn’t read the tickets, 
but I could tell what they were. 

(}. How do you know what ballot for Congress .T. W. Rector voted?—A. 

Well, I knew well enough- 

Q. Did you see his ballot and read it?—A. No, sir. 

(). Do you know, of your own knowledge, bow he voted?—A. No. Oidy 
I know they are all strong Democrats. 

Q. You don’t know how H. P. Letler voted in the congressional election?— 
A. No. 

(y The same thing will ai)ply to all those names?—A. I know they voted 

the" T>emoci-atic ticket. I would not say as to- 

(J. That is simply your o])inion?—A. No, sir; it is not my opinion. 

How do you know T..on Hartmann voted the Democratic ticket?—A. I 
know he voted the Democratic ticket. 

Q. Did you see him take a Democratic ticket and put it in the box?— A. 
No; other fellows did that. 

(}. How do you know Lon Hartmann voted the Democratic ticket?—A. I 
saw those fellows all with Democratic tickets. 

(}. AVhich one?—A. All of them. 

Q. Did you read the ballot in his hand?—A. No; I didn’t. 

Q. You don’t know whether it was Democratic or Republican?—A. I really 
didn’t need to read those tickets. Because I knew how tliey were fixed up. 
You can tell, whether you pick up a ticket or not. They got the tickets in sepa¬ 
rate places. If you got a ticket there, it was a Democratic ticket. AVoiild not 
want the Republican tickets over there, for fear some of the men would get a 
Republican ticket by mistake. 

Q. Did you see Mr. Hartmann pick up one of the so-called Democratic 
tickets?—A. No. 




518 


CAMPBELL YS. DOUGHTON. 


(^. How do yon know lio voted a Democratic ticket?—A. Mr. Trexler came 

down there- ’ 

Q. Who i.s he?—A. He is a Democratic political leader. Because T know Mr. 

Trexler—he voted the Democratic ticket. 

Q. He didn't get a ticket off the tahU'?—A. He is a straight Democrat. 

Q. That is the same reason yon have for saying all those others ^A. No, 
sir ; T saw some pick np a ticket of!' the table. I didn't see everyone pick ni) a 
ticket. 

(}. How many of those voters were soldiei’s?—A. There was I.ietler was a 
soldier- 

Q. Was Sidney Hartman a soldier?—A. No, sir. 

(}. Arthnr Lentz?—A. No. 

Q. Hector?—.V. No. Only those two were soldiers. 

Redirect examination hy IMr. WAGOONna : 

Q. I believe yon are mayor of the town ont there?—A. Yes. sir. 

Q. Yon know the peoi)le pretty well, and their ]toliti('S? —A. I think I do. 

:\[r. E. H. BEAN, recalled, testified as follows: 

Direct examination hy ]Mr. Waggoxek : 

Q. Did you look at the poll-tax l)ook to see if Sidney Hartmann paid his poll 
tax?—A. He did not. 

Q. Josei)h Hiley?—A. He did not. 

(). William IMiller?—A. He did not. 

Ivon Hartmann?—A. He did not. 

(}. Arthnr A. Lentz?—A. He did not. 

Q. .T. W. Rector?—A. He did not. 

(}. H. 1*. Lelier?—A. He did not. 

Q. .Toe Smith?—A. He did not. 

Q. .Joseph Walton?—A. He did not. 

(^. No poll for any of them'?—A. No poll for any of them. 

Cross-6'xamination hy Gov. Bickktt: 

Q. AVhat is yonr pre.sent occupation?—A. T am an attorney. 

Q. AVhat business were yon in before you got to he an attorney?—A. I was 
in the drug business for years. 

Q. And before that?—A. I was connected with a newspaper. 

Q. And before that?—A. I was in school. 

(). Now. iMajor, T ask yon if the business of being a witness is not the most 
strenuous business you have ever engaged in in youi' life?—A. It certainly is. 

Q. You have my full permission, when you go to prove your attendance, to 
charge time-and-a-half for overtime. 

Air. AI. A. SHANK, being recalled hy the coiitestee, testitied as follows: 

Examined hy Air. Air. Caelton : 

Q. You heard the statement of Air. AI. L. Gantt?—A. Yes, sir. 

Q. AVere you present at the north ward polling precinct when Air. Gantt 
came in?—A. A'es, sir. 

(}. AVere the boxes open, as he said they were?—A. Yes. AAliile he was there, 
both the Democratic and Republican .judge opened the boxes to press down the 
tickets. The tickets, when they were dropped in, dropped edgewise and piled 
up so we had to do that. Had to do that half a dozen times during the day. 

(y After the tickets were pi-essed down, the box M%as closed again?—A. Yes, 
sii‘. 

(y AA'as the congressional box opened?—A. No; that was a smaller box fa.s- 
tened to the outside of this large box. 

(Contestant objects.) 

Q. That box was kept clo.sed all day'?—A. No. It had to he opened some¬ 
times to he pressed down, but not at that time. The Republican judge objected 
to his remarks, and said if he didn’t think they were capable of looking after 
that place, to put somebody else in. That was the remark made by the Re¬ 
publican judge to Air. Gantt. 

Examined by Air. Adams : 

Q. The congressional box was not opened then, but was sometimes?—A. Oh, 
yes. It was necessary, in all elections, to do that sometimes. 





C'AMPBKLL VS. DO UGH TON. 


519 


(}. It was full to overtlowiiift- soinetinies, just as well as the others?—A. Oh, 
yes. But it was never opened by either one of the judges; opened hy both 
togethei*; had that understanding, that when it was necessary, they would both 
he present. I will take (aith it was never opened excejit when hotii were 
present. 

(). ^Mlo was putting the congressional tickets in the box?—A. Both the 
Democratic and Hepublican judge. 

Mr. Adams. The contestant, through his attorne.v, he being pi-esent in ])erson, 
adjourned the hearing in Rowan County at 4 o’clock p. in., on Thur.sday, March 
3, 1921, said adjournment to be conclusive as to the 40 days of the taking of 
evidence upon the part of the contestant, unless other and further notice is 
given to the contestee and his attorneys for the taking of evidence on days 
within the time yet allotted and allowed him for the taking of evidence within 
the first 40 days. 

Marie Shank, lieing duly sw(»rn, makes oath that the above is a true and 
correct transcript of the evidence produced in the hearing of the contestant in 
the county of Rowan, eighth congressional district, upon Monday, February 28; 
Tuesday, March 1; Wednesday, IMan-h 2; and Thursday, iMarcli 3, 1921. 

IMarie Shank. 

Subscribed and sworn to before me this the 30th day of March, 1921. 

[SEAT..] Paul P. Brown, 

Xotanj Public. 

My commission expires IMarcli 27, 1922. 

North Carolina, Roivan County: 

I, Mrs. J. D. Dorsett, notary public and commissioner of testimony in and 
for the county of Rowan, certify that the foregoing is a true and correct reeord 
of the eyidence as heard before me on Monday, February 28; Tuesday, March 
1; M’ednesday, ]\Iarch 2 ; and Thursda.y, IMarch 3, 1921. 

Witness mj'' hand and otlicial seal this June 14, 1921. 

[seal.] Mrs. J. D. Dorsett. 

Notary Public. 

iM.v commission expires November 29, 1922. 

(This hearing convened at the hour of 11 a. m., in the courthouse in the 
count.v of Caldwell, eighth congressional district of North Carolina, before 
]Monroe Adams, a notary public, duly commissioned b.v the governor of the 
State of North Carolina, said commission being recorded in the county of Ire¬ 
dell, State of North Carolina, said commission expiring on April 19, 1922, and 
said notary public here presiding is the commissioner of testimony as shown in 
the notice served on the attorne.vs of the contestee. IVresent on l)ehalf of con¬ 
testant: His owm proper person, James I, Campbell, and present on his behalf 
as attorneys, G. D. B. Rejmolds, of Albemarle, and Walter Lee Campbell, of 
Albemarle. Present on behalf of contestee: His own proper person, Hon. Rob¬ 
ert L. Doughton, and present on his behalf as attorneys, Lawrence AVakefield, 
jMark Squires, W. C. Newland, J. T. Pritchard, and L. S. Spurling.) 

Mr. Squires. Have you the original notice that was served on us for this 
hearing? Mr. Newland accepted service of the notice. AVe desire to see the 
notice—notice of taking testimony to-day, copies of which I hold in m.v hand, 
for the 7th day of IMarch. I desire to inquire of counsel for contestant by 
what authority these depositions are taken or the commission executed? 

(k)mmissioner Adams. The authority does not liave to appear on that notice 
to you. That is a notice of whom we will examine. That is all the authority 
that is required. 

Mr. Squires. Do you submit that these are the notices? (Notices identified 
b.v stenographer as “ M, S. 1 and M. S. 2.) The notice served upon us is for 
the taking of testimony upon the 7th day of March, 1921, and the 8th day of 
IMarch, 1921, and from the record in this case, the answer of the contestee was. 
served on the 23d day of Januarj^ and under the provisions of sections 1G2, 
163, and 164 of tlie United States Compiled Statues, the time lias already 
elapsed for the contestant to take testimony. 

Commissioner Adams. An agreement was entered into by the oi-iginal counsel 
for the contestant and the contestee wherein the time was extended in the 
county of Iredell, at the reciuest of the attorneys for the contestee, for a 
period of two weeks, with the agreement that no advantage of time should he 
taken, and said agreement was signed by attorneys and introduced into the 


520 


CAMPBELL VS. BOUGHTON. 


record at the liearina' in Iredell County, and for the benefit of this record, 1 
refer to the record in Iredell County for the same. 

Mr. Squires. Have you the record with you? 

Commissioner Adams. No, sir. It was read and introduced in the presence 
of th.e contestee. 

Mr. SQrTRp:s. The contestant havinj? heretofore taken the position that a 
statute of the vState of North Carolina can not he al)roAated by the a,£?reement 
of the parties, the position is now taken that the provisions of the Federal 
statutes relatinji’ to contested elections can not be abropited by the agreement 
entered into by contestant or contestee. 

I want to oli.ject to the present commissioner, in tliat he has heretofore 
served as counsel for the contestant in Kowiin (’ounty. 

(k)mmissioner Adainfs. The commissioner is here in p(M’son, accoi-dinji to the 
notice. Coun.sel and all parties are present on his behalf, and another notary 
l>ublic, who has not served in the capacity of attoriiey, has been offered -sind 
refu.sed !)y the contestee and his jiarties, and no other notice has appeared 
as any objection on the part of the ])i‘esent notary. 

Mr. Newland. The contestee, throujjh his counsel, reiterates his objection 
to the challeiifie of soldiers for the nonpayment of ])oll tax, as he has liereto- 
fore done in the counties of Iredell, Tlowan, and Stanley. 

Mr. Houghton. In I’ejiard to this time of taking’ testimony having' elapse<l, 
I understood that my counsel in Iredell County requeste<l an extension of 
time—I don’t deny that—on account of .superior court bein.u' on there. Now', 
I am no man for j^oinj; back on an a.i;reement of any kind. Since I came here, 
my attorneys felt that, inasmuch as the contestee, through his coun.sel, had 
averred and had written into the record in Iredell Count.v that no agreement 
could he entered into by parties which would abrogate or set aside a sttitute— 
that was ■with reference to the ajjreement in connection with the payment of 
polls in Iredell Count.v—that if that was .still jioin.a' to be adhered to, and that 
policy pursued, my coun.sel said that no agreement in this ca.se could apply <n’ 
obtain, as the counsel for contestant claim that no agreement could obtain in 
that casp; but if that a.iireement was binding’, and the contestant will live up to 
it, then on my part, I w'ould like to state that this a.ureement entered into by 
my counsel at State.sville will be re. 2 :arded as bindin.c:. 

Mr. Squires. If there is anything: in that agreement that would preclude the 
contestant from taking testimony in Stanly or Uowan or this county, then the 
agreement does not apply. 

Mr. Houghton. This notice on the part of my attorneys is only made for the 
purpose of protecting the interest of the contestee. provided similar action is 
going to be taken with reference to agreements entered into pi-eviously in 
this case in other counties. I have no disposition to take advantage of it 
unless that precedent is going to be followed. If it is follow'ed in one case, 
there is nothing improper in following it in another case. 

Mr, JOHN M. CRISP, a witness introduced by the contestant, being first 
duly sworn, testified as follow's: 

Hirect examination by IMr. Reynolds: 

Q. AYhat is your name?—A. Crisp, John M. 

Q. You are register of deeds for this county?—A. Y>s, sir. 

Q. IMr. Crisp, have the poll books and registration books of this county been 
turned in to you by the registrars?—A. I’art of them have and part haven’t. 

Q. Ho you know lunv many you have in your possession?—A. No, sir; I don’t. 

Q. When were they tinaied in to you?—A. Some time after the election, along 
at intervals. 

Q. Have you the absentee certificates?—A. No, sir. 

Q. Have any ab.sentee certificates been turned in to you?—A, Not a one. 

Q. You have none in your posse.ssion?—A. Not a one. Never have had one 
in my possession. 

Q. ]\Ir. Crisp, has anyone upon the part of the contestant requested you to let 
him see tho.se books?—A. AYell, sir, there has been .some request to see the books; 
I don’t know on the part of the contestant, 

Q. Has Mr. S.?—A. Yes, sir; he asked for the Lower Creek book a time or 
t^vo. 

Q. Hid he get it?—A. No, sir. 


CAMPBELL VS. DOUGHTON. 


521 


(}. Did you i’ofusc' to lipt Iniii have it?—A. No, sir; I didn't have it. I never 
refused a public record in my life. 

(y 1 be.u- your pardon. I didn’t mean to insinuate that you had.—A. He could 
have seen it if it had been there. 

(>). He reiiuested of you to let him see the poll books, did he not?—A. No, sir— 
well, lUaybe so. I believe he did, of Lower Ci'eek. 

Q. And for the same reason I suppose he didn't see those'?—A. No, sir; that 
is iMirht. He didn’t see those; they were not thei'e. 

1 suppose, Mr. Ue.uister, there would be no objection on your part for the 
attorneys to have access to your books'?—A. Not one objection; welcome any 
tune. 


(j. Do you know how many votes were cast in this county?—A. No, sir. 

(). ^yill you brin.a- that record lip and show us?—A. Yes, sir; which record? 

(>. d be \ <>t(‘ foi^ (’am})bell and Doufihton. [ Register of deeds brings rec()rd 
into court. I You have your record'.'*—A. Yes, sir. 

Q. Read them off by townships.—A. Rutfalo (^)ve precinct, R. L. Dougbton 2, 
•lames I Cami)bell -VS; (lamewell precinct. R. L. Dotighton 1R>, James 1. Ciimp- 
I.ell 108 ; Globe Township, R. L. Dougbton ()-5, James I. Campbell 100; Hudson 
1 ownshij), R. L. Doug'nton 107, .lanies 1. Campbell 162; Johns River Township, 
R. L. Ihmghtoii 120, James 1 Cami)be!l 71; Kings Creek Township, R. L. Dough- 
ton 1.>6. James I. (’amj)bell 188; Little River Township, R. L. Dougbton 185, 
•lames 1. (’ampbell 272: Lower Creek Township, R. L. Doughton 516,'James I. 
(’ampbell .‘178; North Liaioir jjrecinct, R. L. Doughton 381, .Tames I. CamiJtell 
228; South Lenoir i>recinct, R. L. Doughton 402, .Tames I. Campbell 328; Love- 
lady Townshij), R. L. Dougbton 3-50, James L Campbell 615; iMulberry Town¬ 
ship, R. J.,. Doughton 41, James 1. Campbell 01; Nortli Catawba Township, R. Tv, 
Doughttm 78. James T. (’ami)bell 121 ; Ibitterson Township, R. L. Doughton 108, 
James I. Cami)bell 81 ; Ttoadhis i)recinct, R. L. Doughton 73, James I. (bimi)bell 
114; Riclilands precinct, R. L. Doughton 8, James I. Campbell 114; Yadkin 
Valle.v Township, R. L. Doughton 124, .Tames I. Campbell 66. 

(L That includes all the townships?—A. Yes, sir. One township that was 
thrown out—AVilson’s (h'eek didn’t get any report; thrown out. 

(}. Didn’t get any reixaT at all from that'?—A. No, sir. 

(}. Have you any way now of getting any report’?—A. None that I know of. 
The board of county elections turned this in blank, and so that is the way it is. 

i}. Any difficulty thei-e’.'*—A. No. sir. 

(). Do you know on what ground it was thrown out’?— A. No, sir; I don’t. 
I think the board of canvass('i-s mutually agreed, after getting the returns and 
making all of them they couhl—making out ever.vthing tlie.v could—they just 
agreed to throw it out. Neither benefit nor damage anyone. I think the 
Democrats, the best they could tell, had ji majority of 8, I believe it was. But 
.vou will have to talk to the board of election about that. 

Q. That is only hearsay with you?—A. Yes, sir; that is right. 

Q. Y’'oii don’t know how tliey arrived at a conclusion about that?—A. I do not. 

Q. All you know you know what is turned in to you?—A. Yes, sir. 

Q. And the registration books and poll books from several townships were 
not turned in?—A. Yes, sir. 

Q. And no absentee votei-s’ certilicates’?—A. No. sir. 

Mr. Reynolds. The contestant desires to read into the record section 5948 
of the election law: “ Immediately after any election the registrar and judges 
of election shall deposit the registration books for their respective precincts 
with the register of deeds of their respective counties.” 


Cross-examination by INIr. Squires : 

Q. iNIr. Crisp, you mean to imike the statement that the books were never in 
your office since the election?—A. Some of them never have been. 

Q. Do you know about Lower Creek?—A. No, sir. 

Q. AA^hether there was any or not?—A. Never was, to my knowledge. 

Q. Now, then, about the AVilsons Creek proi)osition: Y"our information is that 
Mr. Doughton had a majorit.v of 8 or 10?—A. Eight, I think it wa's. 

Q. Have you heard that statement made by one of the judges of election?—A. I 
believe I did. 


Redirect examination by Mr. Reynolds : 

Q. Do you know why the judge of election didn’t bring iii those books or 
send them in?—A. I don’t; no, sir. 


522 


CAMPBELL YS. DOUGHTO]^. 


I\Ir. FELIX DOWNES, a witness introduced by the contestant, being first 
duly sworn, testified as follows: 

Direct examination by Mr. Walter Campbell: 

Q. Your name is Mr. Felix Downes?—A. Yes, sir. 

Q. State whether or not you were the registrar in Little River precinct for 
the last general election.—A. Yes, sir. 

Q. Were you registrar for the primary election?—A. Yes, sir. 

Q. As registrar for the primary election were you sworn?—A. Yes, sir. 

Q. Who swore you?—A. Justice of the Peace W. B. Winkler. 

Q. As registrar for the primary election were you sworn?—A. Yes, sir. 

Q. By whom?—A. Mr. Winkler. 

Q. This was your first time as registrar?—A. No, sir. 

Q. How many years have you been registrar ?—A. Six, anyway; probably^ 
eight. 

Q. Mr. Downes, you were present at the polling place on the four Saturdays,, 
as is required by law, for the purpose of registering applicants, were you?— 
A. Yes, sir. 

Q. How did you occupy your time relative to registering voters other than 
the four days that you were at your polling place?—A. Well, I was around 
home most of the time. 

Q. Did. you go out to register voters; did you make any trip out in your 
precinct?—A. Yes, sir; I was out pjirt of two days. 

Q. Do you think you put in as inuch as one day registering people in this 
manner?—A. Well. I have an idea I did. 

(,>. When you went out on these trips did you go from house to house, taking' 
every one alike, taking tliem as you came to them?—A. Y^es, sir; as far as I 
know. / 

Q. You started out and made a house-to-liouse canvass, taking the houses as 
you came to tliem. I suppose?—A. Yes, sir. 

Q. Al»out how many voters did you register in this manner?—A. Well, I don't 
know; not very many. 

Q. A hundred?—A. No, sir. 

(y Seventy-five?—A. I would think 20 or 2.'): something like that. 

Q. How was the vote in your precinct—Republican or Democratic?—A, Re¬ 
publican. 

Q. About how many votes were cast?—A. Well. T don't recall. 

Q. You have some idea, of course?—A. I am not sure; I think 400 oi- better. 

Q. The Republican majority was about how much?—A. Ninety-something. 

Q. You say you I'egistered about 25 votei’s on your trips away from the poll¬ 
ing i)lace. Now, can you name some of the Republicans you registered while- 
on these tri])s?—A. Well, I don’t know. 

Q. 'Mr. Downes, did you register any Republicans?—A. Yes, sir. 

Q. Out on these trips?—A. Yes, sir. 

Q. You would be kind enough to name some of them for us, would you not?— 
A. Well. I don’t i-emembei- many of them. I remember Mrs. Sigmon. 

Q. AYhat Mrs. Sigmon?—A. Mrs. Ira Sigmon. And IMrs. Phillips. I don’t 
remember- 

Q. This Mrs. Sigmon that you speak of, I ask you if you didn’t think 'she- 
was a Democi-at?—A. No, sir, 

Q. You knew she was a Republican?—A. Yes, sir. 

Q. Did she request you to go to her house?—A. No. sir. 

(}. You just went of your own accoi'd?—A. No; she came out whei-e I was 
going iilong the road and asked me if I was registrar. 

Q. Gan you name us some more that you registered? That is two.—A. Well, 
I don’t know as I rememl)er any more now. 

Q. You registered about 25, but can’t remember any more Republicans that 
you registered?—A. I don’t; and I am not sure about the 25; 20 or something. 
I don’t remember. 

Q. About how many do you think you registered?—A. Well, I was thinking 
20 or 25. 

(). I mean Republicans.—A. Three or four. 

Q. AVell, now, IMr. Downes, if you took them impartially on these trips, I'egis- 
tering as you went, as you have stated, it is a Republican precinct, how do you 
account for the fact that you registered only three or four Republicans out of 
20 or 25 voters?—A. I don’t know just how that was. I didn’t come across them. 

Q. You didn’t look for them very hard?—A. No, sir; I didn’t. 



CAMPBEIvL VS. DOUGHTOX. 


523 


Q. You were interested in it?—A. Very. 

Q. ^ on wanted to see all yonr Democratic friends on the hooks?—A. Yes, sir. 

(>. \onr main purpose M'as to .U’et yonr Democratic friends on yonr books? 

IMr. SpiniJEs. He is yonr witness. 

The Coji]\rissiONER. State yonr question. 

Mr. CAMPimLL. YY)n were sworn when yon entered yonr ofiice as rei^istrar to 
rejrister applicants impartially?—A. Yes, sir; T think so. 

Q. Do yon think yon did it?—A. Well, I didn’t refuse anybody. 

Q. l^on say, Mr. Downes, yon didn’t refuse anybody. Are yon sure that yon 
were not reqnesteil in some instances to stop and rejrister people and didn’t 
do it?—A. No; I don’t think so. 

Q. Do yon recall passins; Miss Ada White’s place? Down at IMr. Roberts’s 
house, I think it was. Do yon recall her asking yon to register her?—A. No, 
sir. 

Q. You don’t know that you refused her?—A. No, 

Q. You would not say yon did not?—A. I didn’t refuse her, for she never 
asked me to register her. 

Q. Vou are sure that no one requested you to stop and register Mrs. White 
or Miss White?—A. IMr. AVhite himself asked me if I would not stop one even¬ 
ing as I was going home, and I told him it was getting late and I would 
probably have no time; my day’s work was over. 

Q. Y’'ou didn’t go to register her?—A. No; but she came ont_and registered. 

Q. AATiat is Mrs. AVhite’s politics?—A, I suppose it is Republican. 

Q. Can yon name any others that yon registered on your rounds—other Re¬ 
publicans?—A. AA'ell', I don’t remember now. 

Q. But yon did state, I believe, that you knew yon did not register more* 
than three or four Republicans out of 20 or 2.5?—A. I don’t think so. 

Q. And yet, IMr. Downes, yon think yon did yonr duties impartially and 
registered everyone alike? 

(The contestee ob.jects to the cross-examination of the party’s own witness.) 

Q. AVhat did yon say? AA'hat is your answer?—A. Why, I think I did. 

Q. AVere yonr absentee certificates kept there the day of election—ballots 
and certificates?—A. The certificates were kept. The ballots were not. 

Q. AATiat did you do with them?—A, I have them at home. 

Q. If it should be that the law says that they should be brought in and 
given or sent in to the register of deeds, then yon did not comply with the 
law? 

(The contestee objects, because the law does not say any such thing.) 

IMr. Campbell. I am asking him if it did. 

The Commissioner. State your objection. 

Q. How many absentee votes did yon have?—A. I don’t remember. 

Q. AAMiat is your best recollection?—A. Eight or ten. 

Q. Eight or ten absentee votes cast?—A. Y'es; I am not sure about that. 
There must have been. 

Q. Do yon know of any Republicans that were in that eight or ten?—A. 
Yes, sir; two or three. I don’t remember how many there was. 

Q. I read you, Mr. Downes, section .5966 of the election law; “Absent voter 
may sign name on ballots; ballots and certificates to be kept. In voting by the 
method prescribed in this article the voter may, at his election, sign or cause 
to be signed his name upon the margin or back of his ballot or ballots for the 
purpose of identification. The ballot or ballots so voted, together with the ac¬ 
companying certificates, shall be retnrncHl in a sealed envelope by the registrar 
and poll voters with their certificates of the results of the election, and kept 
for six months, or, in case of contest in the courts, until the results are finally 
determined.” Mr. Downes, you said that you did not send these in; so you 
did not comply with that statute, did you? 

(Contestee objects to the question for the reason that counsel is asking 
witness to pass upon a question of law.) 

Q. If that is the law, you did not comply with it?—A. No, sir; I haven’t sent 
them in. I kept them. 

Q. You say you had about 8 or 10 of them? Now, were they straight certifi¬ 
cates or did they have ballots inclosed with them?—A. They had ballots, I 
remember, every one of them-. 

Q. Mr. Downes, have you returned yonr registration book for Little River?— 
A. Yes, sir. 

Q. The poll book has gone in ?—A. Y^es, sir. 


524 


CAMPBELL VS. DOUGHTON. 


Q. In registering* voters, diil yon apply the educational test?—A. No, sir; not 
altogether. I asked them all if they could read and write. 

Q. And if they said they could, you registered them?—A. Yes, sir. 

Q. Did you ever swear all of your applicants?—A. Yes, sir. 

Q. Everyone of them?—A. Yes, sir. 

Cross-examination by Gov. Newland : 

Q. INIr. Downes, Little Iviver Township, of which you were registrar, went 
largely Republican, didn’t it?—A. Yes, sir. 

Q. And Mr. Cami)hell asked you why it was that of the 2d or more voters 
that you registert'd away from the polling place you could not remember 
three or four Republicans. I will ask you if the Republicans did not hunt you 
up, and that you registered ;ill the Republicans?—A. Yes, sir. 

Q. There was not a Republican turned away on election day because of failure 
to register, was there, that you recall now?—A. Well, there might have been a 
few. There wasn’t many. 

Q. There were as many Democrats as Republicans?—A. Y'es, sir. 

Q. I will ask you, IVIr. Downes, if you don’t know that ]Miss Mddte is a Demo¬ 
crat?—A. No ; I don’t know. I am not sure about that. 

Q. She conies from a Democi’atic family, doesn’t she?—A. Well, I think so. 

Q. You say you didn’t refuse to register her?—A. No, sir. 

Q. Now, the absentee votes. I believe you say there were eight or nine 
voters?—A. Yes; that is my recollection. 

Q. Did any of them have the name of the voter written on the ballot, either 
on the back or on the margin of it?—A. No, sir; 1 don’t think so. 

Q. Mr. Downes, I will ask you if you did not regsiter at least from 60 to To 
Republicans who could not read or write?—A. AVell, I have an idea I diil. They 
all said they could read and write. 

Q. Don’t you know that they couldn’t; a lot of them?—A. I don’t think they 
could. 

jNlr. AW 0. AlOORE, Jr,., a witness inti*(xluced by the contestant, being first 
duly sworn, testified as follows; 

Direct exjimination by IMr. Campuell; 

Q. Mr. IMoore, you are clerk of the superior court?—A. I am. 

Q. Did the sheriff make up a certified list and turn in to you of the paid 
polls?—A. He did. Yes. sir. 

Q. That was prior to May 10?—A. Yes ; May 5. 

Q. You have that with you there?—A. Yes, sir. 

Q. That has been—our friends have had access to that list?—A. Yes, sir; ]Mr. 
AA'aketield, F>. E., has had access whenever he desired it. 

Mr. S(^uruEs. AA'e desire to object to this testimony, if thereby it is sought to 
show thjit any ])eis(>ns who are named in the contestant's notice as not having 
})aid poll tax are ex-soldiei's of the Lnited States, and were at the time, when 
their taxes shoidd have been listed, in llie servict* of the United States. 

Gross-examination by Mr. Scp'iUEs ; 

Q. How long have you been clerk of the suv)erior court?—A. Ten years. 

Q. How many cam])aigns have you made in ('aldwell Gotinty?—A. I have 
made three. 

i}. How many townshii)s have you, at some ])eriod or other of your ollicial 
career, canvassed from house to lauise?—.\. AAh'll, 1 can't say 1 have ever can¬ 
vassed any one townshij) from house to house, but 1 have been practically over 
all the townships in the county. 

(}. AA’hat acquaintance do you have with the male voters of the county?—A. 
AA'ell. 1 think I know practicallv all the male voters of the countv. 

Q. AVhat percentage of the voting i)oind}ition of the county do you believe you 
are pei'somdly ac<iuainted with?—A. Df the male voters? 

(y Yes, sir.—A. 1 would say !)() i)er cent. 

(y AATiat knowledge do you have of the female voting population?—A. AA'ell, 
that is rather limited, .lust in the last campaign. 1 know more of the two town¬ 
ships of Lenoir and LoAver Greek and the upper i)art of the county. 1 don’t know 
very much of Little River, Lovelady, or the southern part of the (*ounty. 

Q. Now, Mr. Moore, many deeds during your otlicial career have been signed 
in your i)resence?—A. A'es, sir. 


CAMPBELL VS. DOUGHTON. 


525 


CL ^ oil are laiiiiliiir with a laaiiy ])i'rsoiis, male and female, who make 

theia- marks to deeds?—A. I am. 

CL ^ on were also a memher of tlie local ad\'Lsory hoard durina; tlie war, I 
believe?—A. I was. 

(L Von filled out hundreds of (jiiestionnaires?—A. Ves. sir. 

CL And those (luestionnaii'es were si.aned by men and women, residents of 
CAddwell County?^—A. Yes, sir. 

CL Are yon reasonalily familiar witli the iiolitical affiliations of the people of 
Caldwell County?—A. 1 am. 

C). Had the literacy reipiirements been carried ont in C^aldwell ('onnty by the 
ri'pstrars and jiidiies of election, I ask you what would liave been the proiiable 
result with resi)ect to whetlier the county would have jrone Hemocratic oi* 
Republican?—A. It would liave jione I)em(tci-atic from five to six hundred. 

CL Mr. ]Moore, you were cliairman of the Democratic executive committee, I 
believe, at the last election?—A. Yes, sir, 

(L You were ndt a candidate for office at that time?—A. No, sir. 

CL AVhat is your home precinct?—A. Globe Townshii), 

(L Idd you ever live in what is now M'ilsons Ch'eek Township?'—A. Yes, sir. 

CL Have you had occasion to examine the re^iistration book of that township 
since the election?—A. I have. 

CL AVhat would a jioll by a .strict party vote of that town.«:hii» have shown?— 
A. There are only 84 voters in Wilsons Creek Township, male and female, and 
thei'e were 22 Democrats and 12 Kepublicans, 

CL Tu other words, by the normal, political affiliatiiins of the parties who were 
re^ristered on the books, the townshiji would have .wne 10 T>emocratic?—A. Ten 
Democratic. 

Redirect examination by IMr. CAxrenKLL: 

CL This was AVilsons Creek precinct that you s])oke of that would have sone 
Democratic?—A. Yes, sir. 

C). Do you know how many votes were cast in that precinct?—A. T do not. 1 
know there was only 84 voters rejristered. and T know every person in the 
townshi]). 

CL Personally acquainted?—A. Yes, sir. 

CL Von don’t know how many voted this time, do you?—A. I <lo not. 

(L Nor how they voted?—A. No. 

Recross examination by Gov. Newi.and : 

CL Noil did have a conversation with one of the .jud.ues of election, did you 
not?—A. Yes, sir. 

CL And that .iudjie said to you how the various parties voted?—A. Yes, sir. Ho 
fold me that tiiere w^as 22 votes cast for Mr. Doiprliton and 12 for Air. C'^amp- 
b(41, and some of the county officers probably received more than- 

(CAaitestant ob.lects as beinj; hearsay testimony.) 

CL That WHS the precinct that was thrown out?—A. Yes, sir; by the can- 
vassiufj; board. 

CL Do you know for what reason it was thrown oat?—A. AVhy, I think it was 
on "airou'nt of the failure of the re^dstrar or judge to make a return of the 
vote. 

C}. The 1 ‘eturns did not get here until they sent for them? 

((’ontestant objects.) 

The CJoM^^rTSSioNEK. AVhen you wish to object, object before the witness 
answers. 

Re-I'eilirect examination by Mr. CAvmpbel].: 

CL You say you think that was the reason; you don't know of yqur own 
knowledge?— a'. AVell, I was not on the canvassing board. I was present, and 
that was the I'eason that was stated. 

(L Of your own knowhalge, you don’t know that it was thrown out? A. 
AVell, I know that was the announcement made by the canvassing board; failure 
to make i)roi)er returns. They took a vote of the canvassing board and threw 
AViIsons Greek Township out. 

(The hearing is adjouiaied until 2 p. nn) 

(Hearing convened at 2 p. in.) 



526 


CAMPBELL VS. DO LTGHTOiS^. 


IMr. W. Ij. iMINNlSH, }i witness introduced by the contestant, being tirst duly 
sworn, testified as follows: * ' 

Direct examination by Mr. 11 eynot>us : 

Q. 'What official position did you occupy relative to the election?—A. I was 
chairman of the board of elections. 

Q. As chairman of the board of elections, you registered for the absentee 
voters?—A. After I took the book. For quite a while I didn’t agree to serve. 
I don’t remember just how long, but after I accepted the position, I did register 
a few absentee voters. Not very many, though. 

Q. How many absentee voters Avere registered, all told, in the county?—A. 
I couldn't tell you, sir. Quite a lot of them. I just don’t know. I have had 
no occasion to count them. My information is that a lot of people voted absentee 
votes who Avere not registered. 

Q. Have you got that book noAV? —A. No, sir. I am sorry to tell you I 
haven’t it. 

Q. What did you do Avith it?—A. T.eft it in my office. 

Q. It is in your possession?—A. It is supposed to be, but I can’t find it. I 
looked for it right after election to return it to the registrar of deeds, and it 
isn’t there. I don’t knoAv any more about it than you do. 

Q. You have imide diligent search?—A. Yes, sir; left it in my office—in the 
Building Loan Co.—we all occupy the same room. The insurance office is on 
the back side. 

Q. Hoav long Avas that after the election?—A. I mean before the election; 
last I ever saAv of the book it Avas on my desk, and I liaA^en’t seen it since. 
I Avould give a hundred dollars to knoAV Avhere it is. 

^ Q. Did you send eut certified copies from that book to each registrar?—A. 
Yes, sir; in the various toAvnships. 

Q. Sent them to the different registrars?—A. Y^es, sir. 

Q. In the toAvnships?—A. Yes, sir. 

Cross-examination by IMr. Squiues : 

Q. Mr. Minnish, Avhat is your age?—A. Well, to be exact, if I live three 
hours and five minutes longer, I Avill be 59 years old. 

Q. Hoav much of your life has been spent in CaldAvell Count.v?—A. All of it. 

Q- Did you ever hold any official position in the county prior to being chair¬ 
man of the county l)oard of elections?—A. I Avas register of deeds here for 
three terms, I believe it Avas. 

i}. BetAveen Avhat years?—A. Elected in 1898 and Avent out in 1904. 

Q. Were you ever a member of the county board of edfication?—A. Yes; yes, 
I had forgotten that. 

Q. And a member of the county board (ff elections?—A. Y^es, sir. 

Q. ^^’hat acquaintanceship do you have Avith the people of the count.A'?—A. 
AVell, I had pretty good acquaintance; been here all my life; never lived 
an.vAvhere else. 

Q. You are secretary and treasurer of the Citizens Building & Loan As- 
.so^'iation?—A. Yes, sir. 

Q. You have stockholders all over the county, Avith aa'Iioiu you deal?—A. 
Well, not all over the county, but t)ractically; hardly a tOAvns'hip Avhere Ave 
haA’en't got stockholders. 

Q. And haA’e been making loans in various parts of the county?—A. Yes, 
sir. Possibly .some of the precincts in Avhich there are no loans; I don’t recall 
just noAv. 

Q. You have, at times, been an election AA'orker in I.enoir and Lower Creek 
ToAvnships?—A. Yes, sir. 

Q. And you say you are reasonably familiar Avith the citizens of the other 
toAvnships?—A. I think so. Yes, sir. I don’t suppose there are many men 
in the county that don’t knoAV me. 

Q. I ask yo\i if you, in the capacity of chairman of the county board of 
elections, addressed circular letters to any of the registrars?—A. i addressed 
lettei-s to all the registrars, exceiff those I AA’ould see. 

(Objection by contestant. I am anticipating that you are going to intro¬ 
duce the letters—the letter itself is the best evidence.)' 

Mr. Minnish, Avhat instructions Aven' giA’en by you, as chairman of 
the board, AAuth respe(‘t to enforcing the literac.v requirements?—A. What is 
your question? 


CAMPBELL VS. DOUGHTOX. 


527 


Q. W Imt instructions, if any, were f^iven by you with respect to the en¬ 
forcement of the literacy requirements?—A. 1 requested the registrars to en¬ 
force that, or rather to follow the law in the matter. I am sorry to say they 
<lidn’t do it. 

(■i. Is this one of the letters that you wrote? [Hands witness paper.]—A. 
Yes, sir; that is one of the letters I wrote after the information came to me 
from the various parts of the county that the registrars were registering 
people all over the county regardless as to whether they could read or write. 

Q. Was the same letter sent to all of them?—A. Practically the same 
letter, 

(Letter identitied and marked “ M. S. 3.”) 

Well, to what extent were those instructions followed? 

((’ontestant objects unless the witness knows.) 

Q. To your knowledge?—A. AVell, my information is that they were disre¬ 
garded entirely. 

(^ Disregarded?—A. Yes, sir; practically so. Of course, I don’t know posi¬ 
tively because I wasn’t on the ground, but the impression i)revailed all over 
the county that people were registered regardless of whether they could read 
or write. 

Q. Well, ]\Ir. Minnish-A. I know this, from one t)f the townships, the 

registrar and both judges of election came in to see me after this letter was 
written—both the Kejniblican and Democratic judge; and this particular regis¬ 
trar was very much wrought up over the matter, and he said that he had been 
registering people reganlless of whether they could read or write; he got the 
impression somehow that that was the thing to do. And he said he had regis¬ 
tered 4 Democrats who couldn’t read of write and 18 or 20 Uepubiicans who 
couldn’t read or write, and he says, “ Now, I was raised there among those 
]teople; known them all by life.” xVnd he .says, ” If they are not allowed to vote, 
there will be bloodshed in that community.” He says, “ There will be trouble 
there this generation won’t outlive. They are my friends and neighbors and I 
don’t want to get the ill will of those people.” And he wanted me to tell him 
what to do about it. I said, ” I am not bolding the election in your precinct or 
anywhere else. You people are holding the election ; you are responsible for it; 
you know wbat the law is.” They agreed then and there they would let that 
crowd vote, all vote, no challenges eitlier way. I refer to Noidh Catawba Town¬ 
ship. That was on the streets of Lenoir in the presence of the registrar and 
both judges of election, what I am saying. He said 4 Democrats and 18 or 20 
Republicans. 

Q. From your knowled.ge of tbe political alignments of Caldwell County, and 
y*our familiai-ity with the i)eoi)le, if these literacy requirements had been en¬ 
forced according to their provisions, what effect would it inive had on the result 
of the election?—A. I am very sure it would have been very different from what 
it is. I am satisfied that it would have been very different. 

(^. In whose favor?—A, In favor of the Democrats. 

To what extent?—A*. At least 300 to 500 votes. I am as well satisfied of 
that as I am alive. I made four campaigns in this county and I have never 
missed an election very far. 

Q. You mean your estimates?—A. Yes, that is what I mean. 

Redirect examinafion by Mr. Reynocus : 

(). This particular precinct tliat you speak of. was it Democratic or lie- 
publican?—^^A. Republican. Well, I carried it once by 19 votes, but I had a lot 
of g(ajd Republican friends down there that voted for me. Always been a Re¬ 
publican })recinct since I have known the county. 

(,). All the registi-ars in this county were Democrats, were they not?—A. No, 

sir. 

Q. Well, of that precinct?—A. The registrar of tliat precinct was a Demo¬ 
crat. 

Q. Did peo])le come to discuss this matter with you before or after the 
registration books bad closed?—A. Before. Immediately after this letter was 
written ; possibly two or three days afterward. I don’t Temember the dale. 
Immediately after the information came to me what they were doing all over 
the county, I wrote to them; felt it my duty to do it. and this was two or 
three days, or a few days aftei-ward. I can not recall the date. 

Q. You don’t know liow many Democratic votes were put up there after¬ 
ward? I am not raising the question of illiteracy.—A. No, sir; I don’t know. 
I know this, that this man said, my i-ecollection is that he said then he had 
registered all the I^emoc'rats there that couldn t lead oi ^^lite, that foui. I 



.528 


CAMPBELL VS. DOUGHTOX. 


think I ;nn cnn'ec't in tl^ar. I think They ha<l all registeml then. Tlie.r 

are pretty free in thi.s country. I am (►f the. opinion that both sides had 
registered tlieir crowds tlien. 

Itecross-examination by IMr. Squires : 

Q. How many Kepnhlican registrars were there in Ciddwell County? What 
is Mr. R. L. Miller’s politics—Buffalo Ci’eek precinct?—A. Republican. 

Q. Mr. C. J. Dobbin’s politics?—A. iMy information is he voted Reiniblican 
this time. 

Q. He was registrar for Richlands?—A. Yes, sir. 

Q. These registrars. I believe, were appointed prior to the going into effecff 
of the woman’s siitfrage amendment—all appointed in the sjiring?—A. I don’t 
remember as to that, to be frank with yon, 

Mr. ROME KAYLOR, a witness introdiced by the contestant, being tir.st duly 
sworn, testified as follows: 

Direct examination by Mr. Reynolds : 

Q. What official position did yon occupy relative to the election?—A. Regis¬ 
trar. 

Q. Were yon registrar for the primary election as well as the general election 
last year?—A. I’^es, sfr; I have been for six or eight years. 

Q. In what township is that?—A. North Catawba Township. 

Q. Mr. Kaylor, yon registered the women and the men for the last election?— 
A. Yes, sir. 

Q. Did yon deputize anyone to hold yonr books any day?—A. Hold my book? 

Q. Did anyone registei- for yon on any particular day, or did yon do the work 
yourself?—A. Done the work myself. 

Q. Were yon at the polling place four Saturdays?—A. Four Saturdays; 
yes, sir. 

Q, Between that time did yon si)end some of yonr time going aronnd and 
getting np the names of voters who wanted to register?—A. Well, sir, I spent 
a little time. I made two trips. 

Q. Who went with yon when yon were making those special trips?—A. Well, 
there wasn’t anyone went with me with the exception of a couple of men caught 
np with me over at Hudson and I came through with tlieni coming home. I was 
by myself is my recollection. 

Q. Do yon remember who those men were?—A. Yes; I remember one. The 
other- 

Q. Who was he?—A. One was Mr. Smith. Overtaken me in his car there at 
Hudson and he came through part of the way. 

Q. Did yon go aronnd in yonr car?—A. His car. I don’t know, who was 
running it. 

Q. Did yon go into almost every section of the township?—A. Well, practi¬ 
cally—not, either. The main roads I was through; the most of them. Not all 
over it, to make a house canvass. 

Q, No one came for yon and took yon out?—A. Nobody came and took me from 
my house. 

Q, Charlie Smith—does he occupy any official position in the comity?—A. T 
believe he is deputy sheriff. Smith and another fellow \vas in the car, I got 
with him and came on home, 

Q. Is he a Democrat or Republican?—A. He is a Democrat. 

Q. In making yonr rounds, in getting people to register, how many did yon 
get on your books in this way?—A. In that way? 

Q. I’^es, sir.—A. I would have to take the books and figure closely. 

Q. Can you approximate it?—A. Yes, sir; I think there were something like, 
I will say, between 25 or 30. I don’t mean to say any definite number. 

i). Mostly women, I snpi»ose, were they?—A. Well, there might have been one 
man in the bunch, but I am not sure. Practically all women. 

Q. AVell, what was the reputed poliiics of these voters whom yon registered 
in yonr rounds?—A. Well, sir, they was mixed; as nigh as I can give you an 
answer. They was mostly, outside of v.liat came to my house and came to the 
precinct. I think would have been Republicans, or rather, voted a mixed ticket 
in the election. 

Q. Can yon give ns the names of these Republicans?—A. I think I can, largely. 
That is, some few of them voted principally, so far as this contest is concerned, 
for Dr. Campbell, but some of them voted for Democratic county officers. 



CAMPBELL VS. DOUGHTON. 


529 


Q. Will yon jiive us the names of those who voted tlie Kepnhlican ticket that 
yon re.^istered away fi’oin yoni- lioine?—A. Yes, sir; as near as I can recall. 
AVell, 1 reiiistered Mrs. Kean. 

Which KeanV—A. l)ovie Hejnh 've always called her. 

ly Is her hnshand living?—A. No, sir; dead. She came to my house one 
eveninji late, and she couldn't see well emmgh as to how to register well, and 
1 told her 1 would come to hei- house in i)assing and when she could see good, 
and the print was too tine that night; couldn't see how to read. So I called at 
Iier house and registered her; and so far as 1 know the poll hook will show 
that she voted the Uep\d)lican ticket. I am sure of it. 

(.). Another'?—A. Mr. N. .1. (hark's wife came down one evening, late, and it 
was getting dark, and she forgot her glasses, and I told her I was going to 
town pietty soon, probably next da.y- 

Q. .Inst name them. And who else?—A. 'Well, I registered Mr. Oscar Brook’s 
wife and danghter-in-law. 

Did they come down to your house to register?—A. No, sir; I was over 
in that direction and they called my attention and wanted to register. 

Q. AVere they Republicans?—A. Yes. sir; both Republicans, I think. They 
nught have voted for one <'ounty oHicer for commissioner. I sort of believe 
they did. • 

You mean they voted Democratic'?—^A. Yes, sir. I just wanted to call your 
attention to it. Then Mr. McC’all asked me to go or stop at his place some con¬ 
venient time to register his women folks—R. E. McCall. I registered his wife 
thei’e at home, and 1 registered his daughter there, and 1 registered his son’s 
wife, and then his son-in-law’s wife there. They practically voted, this gentle¬ 
man here, he voted a little in the county mixed. 

Q. Which gentleman do y<ai mean'?—A. Dr. (’ampbell. All, so far as I have' 
spoken, voted for Dr. Campbell. 

Q. Any others?—A. Yes, sii‘, Mr. .Jule Smith asked me would I stop and 
register in passing his folks. I stopped and registered his wife, his daughter— 
single daughter—also a married daughter that he had there at his place. 

Is that all the Republicans?—A. No. I have got more Republicans. That 
was all at tliat place. Then I registered Mr. Annas and his wife—Claude 
Annas. They both voted Rei)ublican. I don’t think they scratched anything; 
(HI it. 

(2. l>id they ask you to stop in and register them?—A. Yes, sir, 

ii- You were passing by'?—A. Yes, sir, 

Q. Had your i-egistration book?—A. Yes, sir, 

Q. Now, how many Democrats came to your house who couldn’t read and 
write, on account of the evening shades gathering so slowly about them, and 
had to go away, and you went to see them? Did any Democrat do that?—A.. 
AVell, I don’t know that they did. 

Q. Did any Democrats go to your house and were turned away because they 
couldn't see how to read and write’?—A, No, sir; I don’t think there was. I 
don’t remember as there was right now. 

Q. How many Democrats did you register away from jmur home?—A. WelC 
I just couldn't say without counting them, but there was something up 
toward that many. I don’t think though there was that many. 

Q. You went to see sevei’al of those without l)eing solicited—A. In a way, 
they all sent me word. 

Q. How was that way?—A. There was a few that didn’t want to go on cer¬ 
tain occasions, you might say, I don’t know as to why, whether because they 
didn’t want to make the trip or not. 

Q, You always went to see them without their coming and calling you out— 
all the Democrats'?—A. Yes, sir. In a way, I didn’t. I had some knowledge 
that they wanted to register, or their husbands asked me would I come and 
registei* them, just like the Republicans did. 

Q. And it was acting upon that knowledge that took you around in that 
(,‘ountry when you were retpiested to stoj) in and see other parties? 

(The contestee objects to cross-examination.) 

A. 3Ir. (dark had a mattei- up there with the board of he-alth—— 

Q. Which (dark?—A. doe (dark. 

Q. What is Ids i)olitics‘/—A. Democratic;. 

ii. He sent for you?—A. He came and fetched his wife and fetched some- 
cards along that hiid been lilled out, aud I told him that would not work, and 
I gave him the date that I told him 1 would stop in passing and see them. 

57C95—21-34 





'530 


CAMPBf:LL VS. DOUGH TON. 


(}. You stopped in to see them in ])5(ssinf>?—A. Yes, sir. As I went i)y. 

Q. Wliere were yon ^^oinsi•V—A. To Hudson. 

Q. To register somebody there?—A. No, sir. I was going to see a doctor, and 
coming hack these gentlemen caught np with me at Hudson, and we came 
back along the other road. I had gone over there to see a doctor to, get some 
medicine. 

Q. What did yon charge for those trips?—A, Not a cent in the world. 

(j. Yon were very much interested in having nil your folks, the Democrats, on 
the hooks?—A. No; not more particularly than I was the Kepnhlicans. I 
liked to see them all on that wanted to vote. 

Q. Were yon instructed hy ony one to go and hunt them np except where yon 
were recpiested by the folks?—A. Nothing excejk some of the home folks asked 
me to come. 

(}. Some of their own individual folks?—A. Some of them didn't want to 
get out. 

Q. Did yon administer the oath to all of those people before they regis¬ 
tered?—A. Yes, sir; I did nidess it was an error. I administered the oath to 
them unless I forgot it. That was my intention. Sometimes there were three 
or four at a time. 

Q. Yon registered three'or four at a time?—A. Yes. sii-. I administered the 
oath unless I made a mistake sometimes; that was my calculations. Would it 
be anything out of order to recall the question yon asked me a while ago? That 
is, I mean as to something else I have thought of. 

Q. Not so far as I am concerned.—A. Yon .si)oke alnnit was anybody going 
with me. IMe and Mr. .Johnson went through the settlement one day, and I 
forgot it. I struck np with him. And I registered those first ladies that I 
called to your attention a while ago on that day. I registered tho.se Republican 
ladies that <lay. T forgot that time. 

(}. Where did yon strike up with him—at home?—A. AVell, yes, sir; I was 
np that way. He .said he was going over there in that section to see a man, and 
I went along with him; .something like a mile or a mile and a half, maybe 2 
miles. 

Q. Did yon have your registration books with yon oh the day of the elec¬ 
tion?—A. Yes, sir. Will yon allow me to make an explanation? I had them 
lying in the drawer. 

Q. Go ahead and make any explanation .von wish to.—A. T had them lying- 
in this (h-awei-—.just like the table drawer, where yon are sitting. I was at 
that end, and I had the registration hooks l.ving in there, or at least the new 
ones. I had the old hooks there, too. They was around there somewhere. 
IMigdit possibly have been one of them in a little room. T had about six or 
seven hooks. Two poll books and the new registration hook and the old 
regi.stration book, and, then, through an error, the.v sent me a new registration 
book that I never filled out, and an old hook hack for the i)rimary. So I had 
a hunch of them there. And the new registration hook lay in the drawer and 
didn’t lie np on the table. The table was full of books and there wa.sn’t room 
for anything more than was necessary. 

(}. Did yon have charge of the poll hooks?—A. One of them. ^Ir. Bolick 
and Mr. Evans had charge of the other. iMr. Evans a little while and the 
Republican clerk tallying—keeping the names. 

(},. Yon kept one poll hook and lie the other?—A. Yes, sir. 

’ (}. Who kept the registration book?—A. It lay in the drawer. 

- Q.. Yon didn't have it out?—A. No, sir; we knew everybod.v that was regis¬ 
tered. 

(}. Did anyone ask yon to see that registration hook that day and was 
refused hy yon?—A. If any one called foi* it, I don’t know. The (inestion (*ame 
up about a voter not being registered and we discussed the question as to the 
cards, and he showed the card he was registered on. 

Q. Did yon put them on the hook?—A. Yes. sir. and on the cards, too. First 
put them down on the cards, yon understand, and then took them np and piit 
them alphabetically on the book. There was cards furnished. Ri-ohahly yon are 
familial* with them. 1 don’t know whether yon are or not. 

(,). How many absentee voters were there at that place?—A. To my recol¬ 
lection, 1 think nine. I believe Mr. Clark had it on a separate book. I think 
nine, hut I won’t be positive. 

Q. Did yon keep those certificates?—A. I returned the certificates down here 
to the office; I mean to say IMr. IMinnish, and he was absent, and I left them 
there at the office. 


CAMPBELL VS. DOUGHTOX. 


531 


Q. M hat oltice?—A. Down there where he occupies. 

Q. Mho is iMr. IMinnishV—A. That nuiii that was liere a while' a^o. If'you 
■will pardon me, I left them with Mr. Shoals, as there wasn’t anyone else 
to leave them with. He was in the clerk’s office. 

Q. You didn’t return them to the register of deeds?—A. No, sir. 

Q. MTiat did you do with the registration and poll hooks?—A. Returned them 
to Mr. Crisp down here, the register of deeds, the next day, the day after 
election. 

Q. Can you produce those certiticates?—A. I tliink I can. 

Q. How many were there and what were their politics? 

^ Mr. Squiees. M’ill you kindly show me your allegation covering that matter? 
You haven’t got any allegation about anybody in North Catawba Township. 

Mr. Reynolds. 1 want to be frank with my l)rother attorneys. I don’t know 
whether there is any there or not. I haven’t got the allegation. But I haven’t 
time now to read it. I will put it in and you can note your objections. 

Gov. Newland. You alleged certain absentee votes in North and East Lenoir 
and Lower Creek, and you didn’t name any other townships, and you gave the 
name. 

Mr. Squiees. Here is a coi)y of your allegation. 

Mr. Reynolds. I am assuming that what he says is true. You can note your 
objection. 

Mr. Squiees. The contestee objects at this time to the offer or reception of 
any evidence with resi)ect to alleged illegal ab.sentee votes cast in Caldwell 
County other than those mentioned in ttie notice of contestant heretofore served 
upon the contestee. 

Q. Go ahead and answer the (piestion.—A. To my recollection, O. S. Brooks. 

Q. Democratic or Republican?—A. Republican. 

(}. Go ahead with the next name.—A. Wesley Kaylor and wife. 

Q. I>emocrats or Republicans?—A. Democrats. 

Q. Another one?—A. Alliert Kaylor and wife. 

Q. What is her name?—A, Beulah Kaylor is what they call her. 

(}. Democrats or Republicans?—A. Democrats. 

(J. Next one?—A. Lloyd Smith—Llo.vd B., 1 think. 

Q. Democrat or Republican?—A. Democrat. Mrs. MTU Moss. 

Q. Is her name Lizzie iMoss?—A. Yes, sir. 

Q. Democrat or Republican?—A. Democrat. MT T. Childers and wife. 

Q. MTiat is their politics? MTiat do they vote?—A. Democratic. That is the 
crowd, is my recollection. 

Q. Do vou remember IMrs. Clark, or have you named her?—A. Y^es, sir, Mrs. 
Clark. 

Q. Mary L. Clark?—A. Yes, sir. 

Q. Democrat or Republican?—A. Democrat. 

Q. Now, where were those parties who voted absentee? M'here was M'ebster 
Kaylor?—A. M’esley Kaylor? I don’t know of my own knowledge. Said to be 
in Virginia. His ticket was marked—at least the envelope was marked—up in 
Virginia. 

Q. How long had they been out of the State?—A. I don’t know, sir. 

Q. You know they were out of the State?—A. Mel!, yes; or at least I didn t 
see them for awhile. I practically know they were out of the State, but don’t 
know how long. 

Q. How did you register his wife?—A. It came through the county board of 
elections. One of those cards I was speaking about. 

Q, Had sbe been here in six months prior to that time?—A. You will have to 
ask somebody else. 

(J. I am asking you. A. I can’t tell you. I got it on the card, registered 
before the county board of elections. 

Q. He moved from here to Burke County, did he not?—A. I think so. 

Q. Made a crop in Burke (’ounty?—A. Yes, I guess he did make one over there. 

Q. And moved from Burke County to Virginia?—A. Yes,^ I suppose so. 

Q. And was in Virginia at the time of election?—A. Yes, according to the 
envelope, Schooltield, Va., 1 believe. 

Q. Do vou ri'inember his wife’s name?—A. Y’^es. Lou R. 

(J. Telf me about Albert Kaylor's wife.—A. I gave you her name awhile 

ago. 

Q. Beulah?—A. Beulah. Yes, sir. 

(i. MTiat about Albert Kaylor and his wife? MTiere were they?—A. they 
w(‘re in South Carolina. 


532 


CAMPBELL VS. DOUGHTON. 


(,). Alhoi’t and liis wife in Sonfli Onrolinn?—A. Yes, sir. 

(}. How lonjr had they been down there?—A. I don’t know liow lonu’ tlnw 
liad l)een there. 

ij. How Ions’ since tliey liad moved from yonr precinct?—A. Well, sir, I 
conldn't tell you. 

Q. How Ions’ since you had seen them around there?—A. They wouhl come 
hack every once in a while for a week or two, or ;i month, hut as to defi¬ 
nitely how Ions:, I couldn’t say. They only took part of their thinss. Never 
did detinitely move. Only took some of their thinss to kind of work with. 
Never did, accordins to my \inderstnndins, take all their thinss, T don’t 
think. 

P>otli down there?—A. (''am])ins’ position, workins in a sawmill, is my un- 
derstandins’. 

Q. H(ov did she i-es’ister?—A. The same way: one of tlio.se cards. Three of 
them came in that way. 

(J. Where did Lloyd Smith vote from?—A. Winston-Salem, 

ii. Do you know how Ions he had been there?—A. No. sii*. 1 don’t know 
how Ions he had been down there.’ 

(}. He was out of the county?—A. Yes, sir. The certificate was sisned up 
at Winstou-Salem. 

(}. !)<► you know he had been out of the county for more than six months?— 
A. No, sir. T don’t know whether he had or not. 

Q. You don't know when he left the county?—A, No, sir. I don’t know 
just when he left the county. 

(j. Where did W. T, Childers and wife vote fi-om?—^A. W. T. Childers resis- 
tered there two yeai’s as<> 

Q. Kesistered where?—A. North (Hiicaso. At the past election. 

Q. 1918 election?—A. Yes. sir. Hesi.stered there, and Mrs. W. T, Childers 
was on one of tho.se cards; those three cards that came in from the county 
hoai’d of elections. 

i}. Where did they live at the time they cast tho.se votes?—A. Tn Virsinia,. 
I think, where they sisned up. 

Q. How Ions had they been in Adrsinia?—A. T don’t know, sir, how Ions. 

Q. They never had lived in the precinct since he married, had they?— 
A. Yes, .sir. 

Q. He hadn’t been in the jirecinct for ipiite a while thous’h, had he?—A. I 
don’t know just how Ions; for some time, thoush. 

(j. They had been in. ATrs’inia all the time after that?—A. Not altosether : 
first one place and then another; cotton mills, and wherever he saw the 
liest job. 

Q. Hadn’t he been there all the time? He is a cotton-mill man?—A. Yes,, 
sir. Sometimes—.sometimes on the farm. 

Q. Do you know where he is now?—A. No, sir. 

(^. He hasn’t been back here since before the election?—A. If he has, I 
haven’t seen him. 

Q. Did you ever know of his livins in that township?—A, Yes, sir. Him 
jind his wife both. 

Q. How Ions had he been married, prior to the time of election?—A. I don’t 
reniernber, sir. 

Q. Give us your best impression,—A. AVell, T haven’t s^t an.v thousht. 
.Tu.st would not know what to say. 

Q. Some two or three years? 

((k)ntestee objects as leadins-) ' 

Q. This past election they had been married three, or four, or five years?—A. 
Soniethiiis of that kind. They had been married over two years. Alarrieil be¬ 
fore election there. That is my recollection about it. 

Q. Did they vote by absentee vote in the other election, or do you remem¬ 
ber?—A. No, sir. T don’t rememVier ris’ht at the present. 1 am under the im- 
pres.sioii. thous’h, that he did; seems to me like he did, I know he came in 
person and resistored. 

Q. He went off to work and hasn’t been back sin(*e?—A. To ni.v recollection, 
he came back and stayed awhile in the house since then. That is my recollec¬ 
tion about it. T wouhl not want to be positive, 

Q. You are not certain about that?—A. No, sir. T am not certain about it. 

Q. Air. Kaylor, you were rather anxious for your side to win. weren’t you?— 
A. That is the presumption of every man ; he likes to see his side win in any¬ 
thing. 


CAMPBELL YS. DOUGHTON. 


533 


-xV. No, sir. (3ne 


. Q. Did jou handle any of those Negro pictures over tliere*''- 
<--smie to me hut I left it at home. * 

Q- Do you know who sent it to you’'* _A x i 

it. I .ne.,n ,„u ,, iK.sJnm.-i; V,o heam.V ' " "" 

in.N m-ollmLr'' tl.ereV-A, X„, sir. Xot to 

o «!>•• I «aw one somehodv else had. 

t\v(V.iftPv • ^ It.^—xV. No, sir. Someone called my attention a dav or 

^O Md -.r k' l‘t‘. laid got one of them. 

Civp 'V ^ got?—A. Harding's picture among live Negroes. 

t \ and three or four whites, 1 never counted them detinitelv 

X s to how many there was of them. I could give you the names. Mr. iNIoore 
was the one who was telling me about it. 

g. Democrat or Kepuhlican?—A. He wms Republican. He is dead now. 
(Jross-examination by (tov. Newland : 

Q. Mr. Kaylor, you say you rode on one occasion with Mr. (,'harlie Smith and 
iinother gentleman wdiile you were regi.stering some people?—A. Yes, sir. 

g). lou had started home and they overtook you in their car and asked vou to 
ride?—xA. \es, sir. 

Q. xVnd on the waiy home, you did some registering?—A. Yes, sir. 

(,). Didn’t you register as many Republicans on that trip as you did Denio- 
erats? x\. They seemed to be mixed up. 

g. xVnd another time you rode with Mr. .lohnson?—xV. Yes, sir 
AVhieh one?—A. A\'. (). .Tohnson. 

(>. xVnd you registered Re})uhlicans on that trip mostly'.''—A. Altogether; 
altogether, except in our little county affairs they voted for commissioner.s 
and maybe Mr. Cri.sp. 

(}. The men that you registered that day all voted for Dr. Campbell?—A. Yes, 
sir. Every one of them, according to the tally sheet; bound to have voted for 
him. 


Q. Now. you spoke of two families of Kaylors?—A. Yes, sir. 

Q. One of them, you say, was an absentee voter from Virginia'?-—A. Yes, sir, 
g. xVnd one from South Carolina'?—x\. Yes. sir. 

g. I will ask you, if you don’t know’, ]Mr. Kaylor, that both of those families 
Avere away temi)or}irily and have since come back to Caldwell County; both 
living to-day in Caldwell (’ounty, and both had lU’operty here widle they were 
absent from the State; one working at a sawmill and the other in Virginia'?—xV. 
Somew here. 

g. They were away temporarily and maintained their homes here all the 
time?— x\. AVell, so faj‘ as 1 know’, l*art of their things w’as here. That is my 
understanding. 

g. Lloyd Smith was another absentee voter'?—A. Y'es, sir. 

g. He W’as not married'? —A. Yes, sir. 

g. He W’as W. M. Smith’s son'?—xV. Wait Smith’s son. 

ii. He lived in this county all his life'?—A. Y^es, sir; outside of going off on 
little trips. 

g. He ahvays made this county and North Catawba his home'?—A. Yes, sir. 
g. He W’as aw’ay w’orking at that time and has since come home'?—A. I think 
he had been at home since. 

g. He W’as duly registered ?—rA. Yes, sir. 

(^. xVnd none of those voters—neither of the Kaylor families, and neither 
Smith—was challenged by anybody, w’ere they?—A. No, sir; no record Avas 
kept of it that day, but I think there Avas no challenge to my recollection. 

g. You tried conscientiously to do your duty as registrnr, didn't you'?—xV. 
Yes, sir; as near as I knew how. 

Q. And you took advantage of neither side? 

(Contestant objects.) 

g. Y'ou Avent out Avhen Avord Avas sent to you by a Republican to come and 
register him and his Avife aid children, didn’t you?—A. Yes, sir; Avhen I got 
Avord. , 

g. And Avhen a Democrat sent you AAord, you did the same thing? —A. Yes, 
sir. 

g. You treated them both alike as near as you possibly could'? —A. So far 
as my knoAvledge Avent. 


534 


('A-AIPBELL VS. DOUGHTOX. 


Air. W. ]>. EVANS, a witness introduced hy the contestant, Itein^i: first dtily 
sworn, testified as follows: 

Direct examination hy Air, Ueynolds : 

Q. Air. PN'ans, where do yon live?—A. 1 live ;it the corner of North Catawba 
township, 3 miles from Hudson. • 

Q. Where did you vote in the Ifist election?—A. North Catawba. 

Q. \\'ere you present there nearly all day?—A. Yes, sir; right there, the 
first one that registered, 

Q. Do you know the people in tliat township pretty well?—A. Why, pretty 
well; yes, sir. 

(N How long have you lived in that precinct?—A. About years. 

Q. Do you kiKov Webster Kaylor and wife?—A. Y>s, sir. 

(N Do you know where they lived at the time of the last electicm?—A. AVhy, 

I don’t for certain. I know where they said they lived. They said they lived 
in Schooltield, Va. Air. Kayloi- told me that one (lay this week past. 

(Contestee objects as hearsay.) 

Q. How long liad he lived there?—A. AVhy. something like a year, I reckon. 

Q. Did you know them before they left here’.'*—A. Yes, sir. 

Q. Do you know where they live?—A. Well, lie sold out down there to the 
Southern Power Co. a little over two years ago and went to Uoadhis, and 
made a crop, and moved from there to Schooltield or said he went there. 

Q. You know he wasn’t here?—A. 1 know he wasn’t here. 

Q. Do you know Albert Kaylor and his wife’/—A. Yes, sir. 

C). How long have you known them?—A. Ever since they were little, bitty 
kids. 

Q- l-)o you know whether he was at the election?—A. No; I don't. 

(). Do you know whether or not he lived in that township that he vot(Hl in?— 
A. He did not. He said he was in South (’arolina. 

(Contestee objects as hearsay.) 

Q. Do you know how long he had been away’/—A. He left here about' the 
1st of November a year ago. 

Q. He had been gone then about a year’/—A. Yes, sir. 

Q. He left the county at that time’/—A. Yes, sir. 

Q. And had not lived here uj) ’till tin* time of last election’/—A. No, sir. 

(). W'as his wife with him’/—A. Yes, sir. I reckon she was. 1 don’t know. I 
wasn’t there. They went together and came liack together. 

(Contestee objects. AVe do not want the record encumbered with Air. Evans’s 
suppositions about this matter.) 

(). Do you know his wife was away?—A. A^es, sir. She was gone. 

Gov. Newland. He might be away working and her at home. 

(). W’hat about Lloyd Smith—do you know him?—A. A>s, sir. 

C). Where was he, if you know? AA'as he is the township at the time of elec¬ 
tion’/—A. No, sir. 

Q. How long had he been away’/—A. I reckon it had been a year since he left 
down there. His f.-ither lives there; a close neighbor to me. 

(). He is an unmarried man’/—A. A>s, sir. A single boy. 

Q. He didn't live at home or in the townshij) for something like a year prior 
to the election?—A. Yes, sir; oidy been at home once or twice on a visit. AVent 
home the Fourth of .Tidy and stayed a week. 

(). Do you know AN'. T. Childers and wife?—A.* I know his wife. 

(). How long have you known her’/—A. Ever since she was a little bit of a 
gdrl. 

C). How long have they been married’/—A. I just forget. Between three and 
four years, I thiidc, best of my knowledge. 

Q. Did they live in the township?—A. If he ever lived in it over 30 days in 
his life, I don’t know anything about it. 

(Contestee objects to the witness stating a conclusion of law.) 

A. ((Continued.) If he ever lived in the township over 30 days, I don’t know 
anything about it, and that has been over two years ago. 

Q. Do you know if he lived in the townshij) at that time, or in the county?—■ 
A. He did not. I don’t think— 

Q. AA-ell. do you know that he didn’t live in that township’/—A. 1 do, at the 
time of election. 

(p Do you know how long his wife h:nl been away from that precinct?—■ 
A. I don’t exactly. She was backwards and forwards at her father’s. He was a 
cotton mill man. Once or twice I have known him to go and stay 20 or 30 days. 


CAMPBELL VS. DOUGHTOJ^. 535 

. Q. M here is Koadliis?—A. Part is in Lnvelady Township and part in Ihirke 
County. He then left and went to Sehoolheld, Va. 

(}. His family went with liiniV—A. Sni)posed to. That is where they voted 
from, I think. 

Cross-examination by Gov. Newland : 

Q. Mr. Evans, how far do you live from where Kavlor, who went to Sehool- 
tield, lived?—A. J. W.? 

(}. ^ es.—A. AVell, I supjtose a mile and a half from where he used to live ; 
mayhe two miles; I never measui-ed it. 

i}. When were .von last where he used to live?—A. It was last summer a year 
aso, I reckon. 

Q. That is the last time yon were there?—A. Yes, sir. 

Q. And you don’t know, then, of yonr own knowledjie, whether he has lived 
there since then or not?—A. I have been at his house two or three times and 
talked to him when he lived in Burke. 

i}. Do you know whether he still maintained his home over in (Jaldwell?—A. 
He sold out to the Southern Powei* (’o. 

Q. He didn’t sell his house?—A. ('ertainly. If a man sells land with a house 
on it, it all ji’oes to,aether. 

Q. I am tr.vin,a- to tind out if you know that. Did you see the deed?—A. No; 
I have jrot his word for it. 

i}. Then you don’t know, of your own knowled.ite, whether he sold anything 
to the Southern Power Co.?—A. No; he told me he sold his iiroi)ert.v to the 
Southern Power Co. 

Q. Don’t you know he has lived in his house ^since then, and is liviiyg in 
North Catawba to-day—A. He moved in there a few weeks a.irc*. 

Q. And has had property in it all the time’/—A. AVell. he ini.ght have had, 
but I don’t know anything of it. 

Q. And, now, you say it has been over a year a.go since yon were at his 

house.^—A. Yes. sir; he has been gone over a year. 

(}. If he was at his house, you don’t know; you weren’t huntin.g him?—A. No, 

Q. AVhat was the other Kaylor’s name'/—A. Albert. 

(}. Don’t you know that Kaylor and his wife wei'e at a sawmill in South 
Carolina, and lived in North (’atawba township'/—A. No. 

(^. Yhni know that as well as you know they were .gone?—A. I know they 
were gone out of the township. 1 saw him back once or twice in a car. 

i}. You don’t know they were .gone’/—A. I don’t know for certain, hut I 

know what he told me. He told me he was sawmilling in South ('arolina. 

So you don’t know an.vthin.g of .voiir <ovn knowledge about the absentee 
votes that were vote<l down there’/—A. They were voted and counted and I 
challenged them. 

Did you see the vote’?—A. A>s, sir; saw them take them out of the 
envelope. 

Q. Did you see and read where they came from'/—A. They said from South 
Carolina. I didn’t have my glasses and it was a cloudy day. 

Q. I>id you read that cei-titicate and those ballots'?—A. No; I didn’t i-ead 
them. 

(J. Then you don’t know whether they were there of your own knowledge'?— 
A. I don’t know as I do for certain. 

ii. That is all I am asking you. A'ou have got a good deal of interest in 
this'?—A. No; not particaUarly. 

Q. HaA'en’t you been hunting up evidence for the contestant in this case’?—A, 
Yes. sir; I did that. 

Q. You have ridden around some considerable'?—A. No. 

Have you been paid anything foi' your services'?—A. Not a brownie. 

Q. Do you expect any pay for them?—A. No, sir; I don’t. 

Q. Have you contributed anything or promised to contribute anything 
toward the expense of this investigation'? A. I have not. 

Q. But you have gone around and hunted up testimony?—A. A^es, sir. 

(J. And you are very partisan in this matter’/—A. AA’hy, I want nothing only 
fair treatmeiit. I believe in a fair election, and I know if it .goes on another 
year or two, as it has been going on, there will be bloodshed. 

Q. Are you one of the men who told the re.gistrar there would he bloodshed 
if they didn’t register those' people’/—A. I did not. 

AVhat are you talking about Idoodshed now for’?—A. Everybody was 
stirred up about it. • Part was registerc'd and part wasn’t, and the whole town¬ 
ship was stirred up. 


536 


CAMPBELL VS. DOUGHTON. 


Q. There was a threat of bloodshed bj' tlie llepiiblicans if the re;j:istrar did 
not rejrister those Uepnhlieaiis that could not i‘ead and write, wasn’t there?—A. 
'Why, I had heai'd no thi’eats myself only what the rei^isti’ar told me, 

Q. What did he tell yon? Didn’t he sa.v they threatened bloodshed if those 
ns were not allowed to vote?—A. I don’t know anytliiiiji' about that. 

Q. Yon sa.v yon are tlie man that challenijed one of the Kaylors?—A. Y’^es, sir. 

Q. Which one?—A. Both. 

Q. The challenj^e was posti)oned?—A. X<a They voted the same as if nothing 
was said. 

(}. There was hound to he something done with yonr challenge. How did you 
clialleiige them?—A. I Avent up to challenge them on challenge day—I thought 
it was challenge day—hut it was a da.v too early. 

Q. Yon weren’t pi-esent on challenge day?—A. No, sir. 

Q. And they were not, then, legally challenged?—A. I challenged them at the 
ballot box. 

Q. But didn’t challenge them on the day set for that purpose?—A. No; I 
didn't. 

Redirect examination by IMr. Rkynolds ; 

Q. Yon spoke in answer to Gov. Newland’s (piestion about bloodshed down 
there, about the wa,v things had been going on ; in what way do yon mean?—A. 
In the way they was registering some and refusing to register others. The 
registrar went around and registered all the Democratic women in a car. 

(Contestee objects unless he knows of his own knowledge.) 

Q. Were yon with him?—A. No; I wasn’t with him. 

(Contestee objects as hearsay.) 

Q. Do yon know of any Rei)nblicans who were refused registration?—A. 
Y’^es, sir. 

Q. How many?—A. The registrar told me he refused some on account of not 
reading and writing. I heard him say he didn’t register them. I just took his 
word for it. I wasn’t there and never saw them refused. Some thought there 
was imi)artialit.v used in registering them. ]\Ir. Kaylor had registered somec, 
and then said he would have to go and take up the cards because lie got a 
letter on the first Saturday from Mr. IMinnish not to register any that couldn’t 
read and write, and that is what started the trouble. 

Q. Do yon know if any of the cards were taken up?—A. No; I think he got 
scared. Would not go back to see any of them. He talked to me like he was 
scared. He wanted to appoint me an officer on the day of election. I told him 
I didn’t want anything to do with it. I thought everything would go off all 
right. 

Recross-examination by Gov. Npiwland ; 

Q. What scared him?—A. I don’t know. 

(}. Did you?—A. I did not. . 

Q. Did yon try to?—A. I did not. 

Q. Did yon hear anybody else?—A. No. I did hear a fellow talk a little short 
to him that day when he came to register me. 

Q. Y"ou don’t mean to tell this court that IMr. Kaylor told yon that he refused 
to register Republicans who couldn’t read and write and did register Democrats 
who couldn’t read and write?—A. No. 

Q. What he did tell yon was that he refused to register both Democrats and 
Republicans?—A. No; he never told me he refused to register Democrats. He 
said he had refused to register some Republicans because they couldn’t read and 
write. 

Q. How many Republicans voted at North Catawba that day that couldn’t 
read and write?—A. I don’t know. 

Q. Quite a considerable number?—A. I don’t know positively a one that 
registered down there who couldn’t read and write, close to me. 

Q. You used to be rural mail carrier up there?—A. Yes, sir. 

Q. You know practically all that can read and write?—A. I got letters and 
collected letters, and they never asked me to read any of them. 

Q. Do you know whether they could read and write?—A. I do not. 

IMr. ROME KAY’^LOR, being recalled by contestee. testified as follows: 

Examined by Gov. Newland : 

Ylr. Kaylor, did you make any distinction in registering voters down there 
on account of the fact that they could not read and write? In other word.s, 


CAMPBELL VS. DOUGHTON. \ 537 

did you treat them all alike about that, Demoerats and Ilepuhlicans?—A. Yes, 
sir; so far as my knowledge, I treated them all alike. 

(}. You made no distinction between Democrats and Kepiiblicans?—A. No, 
sir; I tried to do the best I could. 

Mr. J. W. HOLDERFIELD, a witness introduced by the contestant, being 
tirst duly sworn, testitied as follows: 

Direct examination by Mr. Reynolds : 

Q. Mr. Holdertield, where do jou live?—A. Here in Lenoir; Lower Creek 
Township. 

(2. Is that where you lived at the time of the election, the last November 
election?—A. Yes, sir. 

Q. How long have you been living there?—A. Well, I have been over there 
about 15 years, I reckon. 

Q. Do you know the people in that community well?—A, Yes, sir; pretty 
well. 

Q. Do you know Smith Clippard? 

Mr. Squires. Where is that, Mr. Reynolds? 

Mr. Reynolds. Lower Creek Township. 

^Ir. Squires. The Compiled Statutes say you can not introduce any evidence 
except what is contined to the notice and answer. And I see no allegation by 
Dr. Campbell as to Lower Creek Township, and there is no use to go into 
these details unless you have alleged them. You will find that to be true 
under section 178 of the Compiled Statutes. 

A. No, sir; I don’t know Clippard. 

Q. Do you know H. H. Carlton?—A. I'es, sir. 

Q. Where does he live?—A, He lives out of town a little ways, in Lower 
Creek Township. 

Q. Was he present on election day down there, or do you know?—A, Well, 
there was an absentee vote there for him, and it was cast as an absentee. 

Q. Was he living in the township?—A. Yes, sir. 

Q. Did he cast bis vote also in person that day?—A. Not that I know of. 

Q. What was the nature of that absentee vote, if you know?—A. You mean 
ill what way? 

Q. Why was it not voted in person?—A. Well, sir, I don’t know that. The 
only thing I know is just a report. I don’t know of my own knowledge. 

(Contestee objects.) 

Q. Do you know why he was absent?—A. Not of my own knowledge; 
nothing but reports. 

Q. What was reported? 

(Contestee objects.) 

A. It had been reported by several that he was a little sore over a bond 
issue that they had in the county, and that he was not coming to the election; 
and then it was reported that he was not sick on the day of election; that he 
was out in the yard when the automobile left with the others. 

(). Do vou know A. Ilallew?—A. Yes, sir. I know him. 

(). I>id' lie vott‘ in your pi-ecinct that day?—A. I just don't remember about 
that. 

O. Wliere does he live?^—A. He lives in Lower Creek Township. 

(}. Do you know I’anthy Stokes?—A. No, sir; I don't. She voted an alisentee 
vote in Lowei* Creek. 

(). Do you know where she lives';'—A. No, sir; I don't. 

(). Do yon know her at all?—A. No, sir. 

(). Do you Iviiow .1. Hoke Jones?—A. 5 es. sir. I think I do. 

(). Do you know where he lives?—A. 5 es, sir. 

(). Where?—A. Lower Creek Townshij). 

() l>o you know whether oi- not he voted absentee vote that day'?—A. Well, 
there wa.s one Jones, but I have forgotten just which name it was. If I had 
the record that was kept ov(‘r there I could tell—the scroll book. 

Q. Do you know where that scroll book is? A. IMr. Starnes did have it. 

(). Were there two clerks that day'?—A. Yes, sir. 

Q. Two iioll books kejit'?—A. \es. sir. , , , 

(). The ])oll book you are talking about'.''—A. Is the one our side kept. 

(J. Who has that iiook'?—A. I tuimed it over to Mr. Starnes. 

(). r>id you keej) that book?— A. No. sir. I didn t keep it. 

(). rdd you make the (Uitries in the book that la.v? A. No, sii. 


538 


CAMPBELL VS. DOUGHTON. 


Q. Wlio did?—A. Well, we had—I believe two or three of them kept it at 
different times; hut they turned it over to me after they got through with it. 

(h Do you know Sadie A. PowellV—A, No, sir. 

(.}. You don't know her at ad?—A. No, sir; I don’t know her. 

Q. Do you know Sadie Dysart?—A. Y'es, sir. 

Q. ^\’here does she live?—A. In Lower Creek Township. 

Q. Do you know why she was ah.sent that day?—A. No, sir; I don’t. 

CJ. Do you know Viola Baldin?—A. Why, yes, sir; I know her. 

(h Does she live in that township?—A. Yes, sir. 

Q. Do you know why she was absent that day?—A. No, sir; I don’t. 

Q. Do you know Miss Susie Fidler?—A. Y"es, sir. 

Ch Does she live in that township?—A. Why, .she hasn't been there for I 
don't know how long. Been a year or so. 

Q. AVhere does she live now?—A. The last I heard of her she was in Wash¬ 
ington. , 

(}. Is she a widow?—A. Yes, sir. 

Q. She had not lived there for a yeai' or two, 1 believe you say?—A. I think 
at least a year, anyway. 

Q. Is she living there now?—A. In Washington? 

(■>. No. Here.—A. No, sir. 

(i. She hadn’t lived there prior to the election for a year or so?—A. No, sir. 

Ch I>o you know Mattie May Ballew’?—A. Yes, sir. 

Q. Does she live in that precinct?—A. Yes. sir. Lower Creek. 

C^>. Do you know why slie voted absentee vote, if she did vote one?—A. Yes, 
sir; I thiidv I do. I know what the report was; (d' course, 1 don't know; that 
she was away at the hospital. 

i}. Her residence was there anyway?—A. Yes, sir; in Lower (’reek. 

(F Do you know Lizzie F. IMckett?—A. AN’liy, yes; 1 thiidv I do. 

Q. ^^dlel•e does she live?—A. It is reported she lives in Washington now. She 
is a daughter of iMrs. Fuller and left here about the same time her mother did, 
and she has manued ui> there. I think her and her husband never lived here. 

(F She was reporteil to have been married at the time of election?—-A. Yes, 
sir. 

(F They have never lived here?—A. No, sir. 

(}. You have never seen her husband?—A. No, sir. 

Q. You don’t know him at all?—A. No, sir. 

Q. Do you know Tom Warren?—A. Yes, sir. 

Q. Do you know where he lives?—A. Yes, sir. 

CJ. Where?—A. He lived in Lower (^reek Township. 

Q. Same township?—A. Yes. sii*. 

Q. Do you know anything about his voting an absentee vote that day?—A. 
He was at college, I think, was the ivason he voted absentee. 

Q. Do you know C. K. Beach?—A. No, sir; I don't believe I know him. 

Q. F. L. May?—A. Yes, .sir. 

Q. Do you know where he lives?—A. Yes. sir. 

(F AVhere?—A. Well, I think he lived in Lower Creek at that time. 

(). Do you know why he voted al)sentee vote, if he did vote one?—.\. No, sir; 
I don’t know why he did. 

(F Mrs. Mary Ballew?—A. No, sii*; 1 don’t know her. 

Q. Do you know .Tesse H. Pressley?—A. Yes, sir. 

CF Does she live-A. That is a man. isn’t it? 

Q. I don’t know; I reckon it is.—A. Yes, sir; he lives in Lower ('’reek Town¬ 
ship. 1 don’t know why he voted absentee. 

C). Do you know Mrs. Hamilton AVolfe?—A. Yes, sir. 

(F She lived there?—A. She did live there about six years ago; something 
like that. 

Q. AYhere does she live now?—A. It is reported she lives in Mai-yland and that 
her husband works in Washington. 

Q. How long since she moved from this townshij)?—A. Oh, it has been at 
least live years, I would think. 

Q. Since she lived in the township and county?—A. Yes, sir; been right close 
around there; I would not say .inst exactly. 

Q. (Hands witness book.) Refresh your memory when she left here, IMr. 
Hold'erfield. AVas she married when she lived here?—A. Yes, sir. 

Q. Do you know Y. p. Moore?—A.. Yes, sir. 

Q. AYhere does he live?—A. In Lower Creek Township. 

Q. Did he vote an absentee vote?—A. 1 just don’t remember about that. 


CAMPBELL VS. DOUGHTON. 


539 


Q. You don’t i-enieiiibor about IMr. Moore?—A. No. sir. 

(}. Do you know Rosie Green?—A. No. sir; I don’t know lier. 

Q. Do you know IMrs. M. R. P,arnluirdt?—A. Yes, sir; I think I do. 

Q. Where does slie live?—A. In Lower Creek Townshii). She has just been 
married. 

((’ontestee ol)jeets. bei-ause the naiiie is listed as ^Irs. W. R. Barnhardt. 
There is no allegation that i\Irs. ^I. R. Ihirnhardt is an ille.sal voter.) 

How lonj? has she l)een married?—A. I would say about two or three 
months before the election ; something; like that. 

Q. Where did she live prior to her inarriajte?—A. Her home was in 
M'atau^a County, I think. 

Q. She never lived in this township until she was married?—A.• No, sir. 

Q. Y^ou don’t remember the exact date of her marriage?—A. No, sir; I 
don’t. 

Q. Do you know Virginia Casey?—A. No, sir; I don’t believe I know her. 

Q. Do you know Will Ernest?—A. Y"es, sir. 

Q. Where does he live?—A. In Lower Creek. ^ 

(Contestee objects. There is no allegation that he is an illegal voter.) 

Q. Did he vote an absentee vote that day, if you know?—A. I do not. 

Q. Do you know Clara Powell?—A. Yes, sir. 

Q. Where does she live?—A. Well, she used to live here, but she has been 
with Mr. Atkinson, in Gastonia, for several years. I don’t know how long. 

Q. She has not lived in this county for several years?—A. No; it has been 
two or three years; something like that. 

Q. She is not a married lady?—A. No, sir, 

Q. Does she live here now?—A. No; she is not here now. 

Q. Do you know Miss A. Lee Allen?—A. Y^es, sir. 

Q. Do you know where sh(‘ lived at the time of election?—A. I think she 
was at work in Charlotte. I don’t know how long she had been there. 

Q. Where do her people live?—A. In Lower Creek Township. 

Q. Do you know how long she has been in Charlotte?—A. No, sir; I don’t. 
Q. Did she vote an absentee vote?—A. Yes, sir. 

Q. Do you know how she voted?—A. No, sir; I don’t believe I saw her 
ticket. 

Q. Do you know her reputed politics?—A. Yes, sir; I think she is a 
Democrat. 

Q. Do you know the reputed politics of Miss Susie Fuller?—A. Y^es, sir. 

Q. Miss Lizzie Pickett?—A. I know what they voted. 

Q. AVhat?—A. Democratic ticket. 

Q. So far as the contestant and the contestee are concerned, they voted 
the Democratic ticket?—A. Y"es, sir. 

Q. Do you know how Clara Powell voted?—A. No, sir; I don’t believe I 
remember, 

Q. Do you know’ her reputed politics? 

(The contestee objects to “reputed politics.”) 

A. The general report is that she is a Democrat. 

Q. Do you know^ Thomas Huntley?—A. Yes, sir. 

Q. Where did he live at the time of election?—A. Lower Creek Township. 

Q. If he voted an absentee vote, do you know’ why?—A. I do not. 

Q. Do you know his reputed politics? 

(Contestee ob.jects.) 

A. Democratic. 

Q. Do you know’ Isabel ]Miller?—A. No, sir. 

Do you know’ ]\Iaud Tate?—A. Yes, sir, 

Q. Do you laiow’ the nature of her absence from the polls?—A. No, sir. 

Q. Where does she live?—A. In Lower Creek Township. 

Q. Do you know’ her reputed politics? 

(Contestee objects.) 

A. I think Democratic. 

Q. Do you know’ .Tessie Corlie?—A. .Tosie Colee? It should be .Tosie Co lee. 

Q. Do you know .losie Colee? 

((Ymtestee objects.) 

A. Yes, sir. 

Where does she live?—A. Low^er Greek Township. 

Q. I>oes she vote?—A. Yes, sir. 

Q. Absentee vote?—A. Yes, sir. ^ 

Q. Do j’ou know^ the nature of her absence? A. No, sir; I don t. 


540 


CAMPBELL VS. I)Or(;HT<)y. 


Q. Do yon know lior reputed politics? 

((’ontestee objects.) 

A. Democratic, 

Q. Do yon know Lloyd Slniford?—A. No, sii*; I (bni’t believe I know Lloyd 
Shnford. 

Q. Do yon know T. A. Foreman?—A. Yes, sir, 

Q. Do you know anytliinj? about his absence?—A. No, .sir; I don’t. He hadn’t 
been here very lon^. I don’t know why he voted an absentee vote. 

Q. Do you know where he came from here?—A. No, sir. 

Q. How long- had he been here?—A. Well, I couldn’t .say .inst how long he 
had been here. 

Q. Do yon know what he does?—A. Yes, sir. He woi‘ked for Efird’s store at 
that time. He came here when they first opened up. I don’t know just what 
week that was. 

Q. Is that Tom Forman?—A. Yes, sir. 

Q. J. A. Jones?—A. No, sir. I challenged J. A. .Tones, and they said it was 
an old Negro up here in Freedman. 

Q. AVhere did he live?—A. Lower Creek Townshi]). 

(F Yon don’t know the nature of his absence?—A. No, sir; I don’t. 

Q. Did he vote by certificate?—^A, Yes. sir; I think .so. 

Q. What ticket did he vote, if yon know?—A. I don’t know, sir. 

Q. Do yon know George C. Shnford?—A, No, sir ; I don’t know him. 

(). Mrs. Wade Miller?—A. No, sir; I don’t know hei-, either. 

Q. AV, A. Harris?—A. Yes, sir. 

Q. Do yon know the nature of his absence?—A. He had been gone for—he 
was challenged on the ground that he was a nonresident, and his brother was 
there and his brother said he hadn’t been gone but about a year. There was 
another gentleman that done the challenging, Mr. W. E. Aliiler, and finally he 
came to Miller, after they voted him, and said he believed he had been gone 
longer than that. 

Q. Where had he been gone?—A. I don’t know. 

(}. Do yon know whether he was in the township or county?—A. No. 

Q. Do yon know whether he was in the State?^—A. I do not. 

Q. Do you know how he voted?—A. Democrat ticket. 

(). Do yon know Mi-s. Alartha Greei-?—A. T don't know her personally. I 
know of her. 

(>. Do yon know the nature of her absence?—A. No. sir; T don't. 

(y Yon don’t know whether she lives in that township oi- not?—A. No; I 
couldn’t .say about that. 

(). Do yon know Floi-ence E. Boyd?—A. Yes. sir. 

Q. Do yon know the natni-e of her absence':'—A. Well, she is a trained 
nnrse. Sbe don't stay bei-e any. f don’t know why. This is her home. 

Q. H(ov long has she been away'.'—A. Well, she has been away most of 
the time for a good many years. She has got a marrie<l sister lives in that 
township. 

Q. That is all? A married s'ster living there?—A. Yes. sir; that is all 
that I know of. 

Q. Do yon know how long she has been away from liere?—A. Several years. 

Q- L)<> yon know what she vot(Ml'?—A. No. sir; I don't remember about that. 

(j. Do yon know her reputed i)olitics? 

((’onfestee objects.) 

A. Democratic, 

Q. Do yon know W. AI. Frazier?—A. No, sir; I <lon't believe T know him. 

(y Elizabeth Todd*?—A. Yes; I know her. 

Q. Do yon know the nature of her absence?—A. No, sir; T don’t. 

Q. I>o yon kno\v her rejnited politics? 

(Contestee objects.) 

A. Yes, sir. 

Q. Wbat is it?—A. Democratic. 

Q. Do yon know Bessie Laxton?—A. No, sir; I don’t know her. 

Q. Do yon know .Tohn Prnette?—A. Yes, sir. 

(y Do yon know the nature of his absence? 

(Contestee objects.) 

A.'I don’t know of my own knowledge. T think he was off at work. 

Q. Do yon know where?—A. In Georgia, my understanding. 


CAMPBELL VS. DOUGHTON. 


541 


Q. you know liow Ion*;- he luuT l>eeii awnyV—A. AVell, no. sh*; I don’t 
know how lon.o: lie had hetui away. He came home and married here not lonjf 
a.iro. 

Do yon know his poLtic.sV—A. Yes, sir. 

Q. What is it?—A. Democratic. 

(y Do yon know .lames K. .lones?—A. No, sir; I don’t know him. 

i}. Do yon know ('ai’ey Harrison?—A. Yes, sir; I know her. 

Q. Do yon know the nature of her absence?—A. No, sir. 

i}. Do yon know her reputed politics?—A. Yes, sir. 

Do yon know liow she voted?—A. Democratic ticket. 

Do yon know Isabel Hnkil?—A. Yes. sir. 

(y Do yon know the nature of her absence?—A. Why, her husband had 
been in the Army, and he had been working here as a bookkeeiier. I don’t 
know whether he is still in the Aiaiiy or not, but Ids wife had gone to him, 
wherever he was. 

Q. HtuI she moved out of the county?—A. Well, they have never lived here 
sin(*e. 

ty How long before that had they lived here?—A. Well, I couldn’t say how 
long she had been gone. 

(y Do yon know how she voted?—A. Yes, sir. I think she voted part Re¬ 
publican ticket and part Democratic, 

Q. Do yon know how she voted as to contestant and contestee?—A. No. sir. 

Q. Do yon know tiie nature of (’lara Ehnfoi-d’s absence?—A. She had been 

gone a year or two. She had not been here in a year or so. 

Cy Do yon know how she voted?—A. No; I don’t believe 1 know. 

Do yon know her reputed politics?—A. Yes, sir; Democratic. 

Q. Do you know E. M. Hnkil?—A. Yes, sir. 

Q. Do yon know the nature of his absence?—A. Well, he was the husband 

of this lady, Mrs. Hnkil, that 1 just spoke of. He was away. I don’t know 

whether he was in the Army at that time or not. 

(>. Do yon know how long since he had been here?—A. He hadn’t lived here 
in 18 months, I would say. 

Q. He has not lived here since?—A. No, sir. 

(). Do yon know his reputed politics?—A. I think he was a Republican. 

Do yon know how many absentee''votes were cast that day at that 
place?—A. No, sir; I don’t know how many there were. 

Q, Can yon refresh ;\onr memory from the record and see?—A. Yes. sir; 
I could tell; about 6.3. 

Q. What ratio of that vote was for Dr. Campbell and what for Mr. 
I)onghton? 

(Contestee objects.) 

Can yon tell how many of the absentee votes were cast for the Demo- 
ciatic candidate and how many were cast for'the Republican candidate, or 
apiiroximately ? 

{Contestee objects.) 

A. Well, 1 would say two-thirds cast for Mr. Donghton and <me-third for 
Mr. Campbell; or imiybe not that many for Mr. Campbell; but, at least, some¬ 
thing like that. 

Cross-examination by Mr. Squikes : 

Q. Mr. Holderfield, Mr. 11. H. Carlton is an old man?—A. Yes, sir. 

i]. He has not been to town for a long time?—A. He was down the third 
day after the election. 

Q. Yon ai-e not in-epared to state that he was not unwell on the day of elec¬ 
tion?—A. Not of my own knowledge. 

(). Do yon know thei-e was a Smith Clippard that voted that day?—A. Not 
of mv own knowledge. 

Q. Charlie Ballew is an old man?—A. Y"es, sir. 

(}. He has not been to town for more than a year?—A. I don’t know any¬ 
thing about that. 

Q. Yon don’t know who I'anthe.a Stokes is?—A. No, 

(y Do von know .T. floke .Tones?—A. Y^es, sir. 

(j. Isn’t he a son of this dairyman, at school at A. & M. College?—A. I don’t 
know what his excuse was. 

(y Don’t yon kmnv he is a student at the State College?—A. I don’t know 
whether he was the one at the college or the other one. 

Q. Who is Sallie H. Powell?—A. I don’t know. 


542 


CAMPBELL VS. DOUGHTON. 


Q. Sallie Dysart is a yoiiiiR’ woinanV—A. Yes, sir. 

Q. Unmarried?—A. Yes, sir. 

Q. Itttiised ill Lenoir?—A. Yes, sir. 

Q. Her home is with her father on North iViain Street?—A. It was. I don’t 
know how it is now. 

Q. She went oit to business college?—A. I don’t know. 

Q. Viola Baldin; don’t yon know that she was sick on the day of elec¬ 
tion?—A. No; not of my own knowledge. 

Q, ANMsn’t it generally reportetl that she was sick?—A. I believe iNIr. Baldin 
told me something about her being sick; I am not positive. 

Q. Miss Isidiel Fuller is a projterty owner in Lenoir?—A. Yes, sir. 

Q. She has been for LI or 1(5 years?—A. Yes, sir. 

She has taught in the graded school at least 10 years?—A. Yes, sir. 

(L And still maintains Iier home in the town of Lenoir?—A. I don’t know. 

(L Don’t y(ai know that she has paid taxes in the town of Lenoii^’:'—A. I 
don’t know that. 

(}. She has got a home?—A. Yes, sir. 

Q. AVheii she is home, her daughter is with her?—A. Yes; until she got 
married or went oh;. 

Q. Mi.ss Mattie Alay Ballew lives aci'oss the sti'eet from your hou.se?—A. Yes, 
sir. 

Q. She is a resident of the town of Lenoir?—A. Yes, sir. 

Q. She has been living there 20 years?—A. Yes, sir. 

(L She was in a hos])ital on the day of election, wasn’t she*/—A. That was 
the report. 

Q. She was (pialihed to vote’?—A. Not if the reports I said was true. 

(L She was sick in the hospital’?—A. Yes, sir; but according to the reports 
she was not entitled to vote. 

Q. You don’t know anything idiout it yourself?—A. No. 

(L She was on the registration book and voted’?—A. I don’t know anything 
about her being in the hospital only by reports. 

Q. Tom Warren is at the University of North (’arolina’?—A. I think so. 

Q. He has lived in (’aldwell (’ounty sill his life’?—A. Yes, sir. 

Q. He is a (lualihed vote)’ in it’?—A. I would think he was. 

Q. C. li. Beach, you don’t know’?—A. No. 

Q. F. L. .May’s father lives hei’e’/—A. Yes, sir. 

(L He is an unmarried boy’?—A. Yes. sir. 

(y He was off at work for a few months’?—A. 1 don’t know where he had 
been. 

Q. He went to the Ai’iny from Lenoir’?—A. I don’t know whether he did or 
not. 

(L Don’t you know he was i-egistei’ed in Caldwell County’?—A. No; I don't 
know that. 

(y Now, .lesse Presnell—who is he?’.-'—A. A ho.v I think; Idnk Presnell’s son. 

(h He was boi’ii and raised in ('aldwell County and went to the Army from 
(^’aldwell ('ounty?—A. think he did. 

(}. And is in the Army now’?—A. 1 think he is out now. 

(L He was last yeai’’?—A. I think so. 

Q. M)’s Wolfe used to live hei’e’?—A. Yes, sir. 

(L Y. V. Moore, who is he’?—A. I don’t know about him. 

Q. He has lived here all his life’?—A. Yes, sir. 

(}. He is the only one in the county’?—A. Yes, sir. 

Cy And he is the county sui)erintendent of schools’?—A. Yes, sir. 

(y He has lived hei’e L") oi’ ’20 yeai’s, to .vour knowledge’?—A. Yes, sir. He 
has got a son, Y. V.. too; lives in Georgia. 

(L Mrs. Barnhardt’s husband lives here?—A. Yes, sir. 

CL Has lived here all his life’?—A..Yes, sir. 

(L Bose Gi’een’.'—^A. 1 don’t know about her. 

Q. Will Ernest, who is he’?—A. He is a fellow that lives out here toward 
High Briten in Lower Ci’eek township. 

Q. Do you know Vii’ginia Casey’?—A. 1 know ATrgiiiia Ca.'^on. 

Q. She is an old lady’?—A. Yes, sir. 

(L She has lived in (Jaldwell County many years’?—A. Yes, sii’. 

Q. She has never lived anywhei’e else so far as you know’?—A, 1 don't know. 

Q. She is almost blind’?—A. 1 don’t know about that, 

(L Miss Clara Powell is a property owner in the town of Lenoir?—A. I 
don’t know about that. 


CAMPBELL VS. DOUGHTOX. 


543 


Q. Doesn’t slie own i)roperty with In^r hrotliev and sister on the edj^e of 
town?—A. I couldn’t say. 

(}. Slie lives on tlie ed^e of town?—A. Yes, sir. 

(}. She comes home every week or two?—A. I don’t know. 

C^. Don’t yon see her frequently?—A. No. 

Q. She works at (Tastonia?—A. That is my understanding. 

Q. She is a citizen of Caldwell County?—A. I don’t know. 

Q. She is a property owner?—A. I don’t know about that. 

(}. Don’t yon know that Annie Lee Allen is d(»wn attending King’s Business 
Collette?—A. It is my understanding that she has a job. 

(}. She was horn and raised in Caldwell County?—A. Yes, sir. 

Q. She has lived here all her life except the time she was at the orphanage?— 
A. Yes, sir. 

Q. Her father is a Uepuhlican?—A. He mixed some. 

Q. He is counted a Kepuhlican?—A. I don’t know. 

Q. Her grandfather is a Kepuhlican?—A. Oh, yes. 

Q. He conies from a Kepuhlican family?—A. Yes. on her father’s side; 
from her mother’s side, a Democratic family. 

Q. Thomas Huntle.v was laised here in I.rOwer Creek townshi])?—A. Yes, sir. 
Q. Has worked here all his life?—A. Yes, sir; so far as I know. 

Q. He went to graded school hei‘e?—A. I think he did. 

Q. He lives here now?—A. I think he does. 

Q. Mattie Tate was horn and raised in T.ower Creek?—A. Yes, sir. 

(^. She is a nurse, and occasionally goes away from home?—A. Yes, sir; I 
think so. 

Q. She is a trained nurse?—A. That is my understanding. 

Q. She takes work away from home at times?—x\. Yes, sir. . 

Q. Isabel Miller?—A. I don’t know about her, 

Q. Jessie Colley?—A, .losie. 

Q. Y’'ou are not prepared to state that he wasn’t living here?—A. It is a 
lady. She was living here, I know. 

Q. You don’t know whether she was sick on the day of election?—A. No. 

Q. You are not prepared to state that she was not qualitied to vote under 
the absentee law?—A. No. 

Q. Lloyd Shuford?—A.-I don’t know him. 

Q. You say you don’t know anything about Forman?—A. No. 

Q. He had been here some time?—A. He came here when Efird took his 
store up. 

Q. Don’t you know he came before the 1st of ]May?—A. No. 

Q. Y"ou don’t know when he came?—A. About the time Efird took his store 
up. I would not swear to the date. 

Q. You say you don’t know how .Tones voted?—A. No. 

Q. W. A. ilarris is a ho.y who was raised in Lenoir?—A. Yes, sir. 

Q. And he had a .job as a traveling man?—A. I don’t know what he was doing. 
Q. Don’t you know the di-aft hoard sent him into. service?—A. It might he 
that they did. 

Q. This has always been his home?—A. Yes, sir. 

Q. He is traveling for the Keynolds Tobacco (’o. now?—A. I don’t know what 
he is doing. 

Q. His father lives here now?—A. Yes, sir. 

Q. And his brother; his mother is dead?—A. Y^es, sir. 

Q. George C. Shuford?—A. I don’t know Shuford. 

Q. :Mrs. Wade Miller?—A. I don’t know as to her. 

Q. Miss IMartha Greer?—A. I don’t know as to her. 

Q. ]Miss Florence Boyd?—A. Yes, sir. 

{}. Her father used to he sheriff of this county?—A. Yes, sir. 

Q. She has lived here all her life?—A. She has been away off and on. 

Q. She is a trained nurse?—A. Yes. sir. 

Q. Don’t you know she is working for the Kitter Tamiher Co. now?—A. I 
don’t know where she is working. 

(). She was here hist summei-’?—A. I expect she was. 

(}. She is a property owner in the town of Lenoir?—A. I think she owns 
some propert.v. 

Q. She calls this home?—A. I don’t know as to that. 

Q. Mrs. Elizabeth Todd is Mr.-Todd’s mother?—A. Yes, sir. 

Q. She is an old lady?—A. Yes, sir. 


544 


CAMPBELL VS. DOUGHTON. 


Q, Yon haven’t seen her nj) town for two or thive yeai’s?—A. T don’t knou 
that I have. I don’t know when was the last time I saw her. 

Q. Slie is in bad health?—A. T liave nndei-stood so. 

(}. I believe yon said yon didn’t know Bessie Laxton’?—A. No. 

Q. John Priiette is a propert.v owner in Caldwell (k)nnty?—A. Yes. sir. 

He has lived here all his life’i*—A. I think he has. 

Q. He has taken an occasional .loh of bricklaying^ away from home?— A. 1 
think so. 

Q. He married in this comity’^—A. Yes, sir; ri,uht recently. 

Q. He owns a farm out there?—A. Yes, sir. 

Q. He has always lived here?—A. I’p until this last trip when he went olT; 
I think he took his wife hack with him. 

Hasn’t he jjot a home ri,i?ht out here?—A. Oh, yes; hnt yon asked me 
about where he was livinj;. 

Q. Yon don’t mean a man lo.ses his home every time he moves out to take a 
temporary joh?—A. No, no. 

Q. J. K. Jones, I believe yon say yon don’t know who that is?—A. No. 

(J, Miss Carej' Harrison?—A. Yes, sir. 

(}. She is a danjjhter of C. B. Handson?—A. Yes, «ir. 

i). She has lived in Lenoir all her life and jnst hai)pens to be livinji: in Gas¬ 
tonia ?—A. T don’t know. 

Q. Yon connt this her home?-— X. I am not i>repai-ed to l|ay. 

(„). Don’t you say this is her home? 

(Contestant objects.) 

A. T don’t know whethei* it is or not. I won’t sa.v. 

Q. Ml-. Hnkil livecl here six or ei,i;ht years?—A. Yes. sir. 

(}. He was working tVn- the Citizens IJght & Power Co. when he was ap- 
l»ointed a caiitain'in tiie Army?—-A. I think so. 

Q. He has been in the Army ever since?—A. I don’t know. 

(i. This was his home before he went in the Army?—A. Yes. sir. 

G. She was court stenograiiher for this district when he went in the Army?— 
A. Yes, sir. 

(^. Don’t yon know her furniture was stored in this county up until now?— 
A. No. sir; I don’t know that. 

Q. T believe yon said they were Bepnblicans?—A. .1 think .so. 

Q. ('lara Shnford is a girl born and rai.sed in Caldwell County’?—A. Ye.s. sir. 

(„). Her mother lives here on Wilkesboro Road?—A. Yes sir. 

She happens to be off with her brother now?—A. I don’t know. 

(,). Now, then, Mrs. Greer, to come back to her: Yon know she is the mother 
of Mr. IM. L. Greer?—A. I don’t know her. 

(}. Yon are not prejiared to .say .she is not a 00-year-old lady?—A. T have 
heard she is an old lady. 

Q. Did yon ever see her in town?—A. Not that T know of. T don’t know her. 

Q. And yon sa.v about one-third of these were Republicans?—A. I say .some¬ 
thing like that. 

Q. Yon are secretary of the Republican executive committee?—A. Yes, sir. 

Q. And are interested in this contest?—A. Why, yes; I would like to see it 
go off jnst riglit. 

Q. Yon would like to see ]Mr. Campbell win?—A. Yes, sir. 

Redirect examination by IMr. Reynolds : 

Q. IMr. AV. A. Harris; T believe yon stattxl he was a traveling man?—A. No, 
sir; I didn’t say that he was. They asked me if he was. 

Q. Has he been back here since the war?—A. I couldn’t jnst say whether 
he has or not. 

Q. Has he made it his home?—A. ^Ir. IMiller challenged him on the day and 
he and his brother had it up. T don’t rememl»er jnst what they did say. Had 
some words over how long he had been gone. 

Q. Which Miller was that?—A. \V. E. 

(). He challenged on election day?—A. He challenged in the absentee vote. 


Dr. A. W. DULA, a witness introduced on behalf of the contestant, being 
first duly sworn, testified as follows; 

Direct examination by IMr. Campbell : 

Q. Yon have been in Caldwell Co\inty, have yon, Doctor?—A. Yes; some 22^ 
years. 


CAMPBELL VS. DOUGHTON. 


545 


Q. \oii acted as jndj^e of election in tins last election?—A, Yes; I have for 
n nninber of years. 

(}. This is in Lower Oreek precinct?—A. Yes, sir. 

(}. How many years have yon acted as judge, altogether?—A. I don't remem- 
her exactly, hut it has been, I think, over 12. 

Q. Do yon know what happened to the absentee certiticates cast down there 
that day'.''—A. I only know as to what ha])penod to them during the day. 

Q. They were ke})t during the day'/—A. Yes; they were all tnn'.ed over to 
the registrar. 

Q. Yon don’t know what he did with them?—A. No, sir. 

(}. How many absentee votes were cast?—A. Well, 1 didn’t try to keep track 
of that. There was a big rnsh of votes, and T conldn’t handle the other busi¬ 
ness necessary and keep a separate check. 

(}. How was the election carried on down in yonr precinct'?—A. We got 
along all right. Everything went off smoothly, excejff when some Republican 
workers aronnd got pretty obstreperous. 

Q. Yon voted all yon had there?—A. Yes, sir. 

(}. IMr. Dnla, 1 show yon a paj^er. the Lenoir News, headed, “ T>enoir, N. C., 
Friday, January 10, 1919, and show yon an article headed, “ INlen or molly- 
coodles—Explaining why the majority rules not.” I nsk yon if yon wrote that 
article? 

(Contestee objects.) 

Q. It has yonr signature, I believe?—A. Yes. I wrote the article. 

(Contestee introdnces paper which is marked “Contestant’s Caldwell Conntv 
Exhibit No. 1.”) 

Cross-examination by IMr. Squires : 

(^. I believe yon stated that yon would not do anything questionable for the 
Democratic Party any more, didn’t .von? Something like that?—A. The ques¬ 
tion was asked me if I would not do anything questionable. I don’t think I 
ever admitted doing anything questionable for the Democratic Party. 

Q. Did .yon do anything questionable last fall in the election?—A. Last fall, 
nor two years ago, either. 

Q. In other words, there wiis a fair count and yon tried to rnle upon every 
contest upon the evidence introduced in your hearing?—A. To the best of my 
abilit.v. 

Q. Yon know H. H. Carlton?—A. Yes, sir. 

Q. He is an old man?—A. Very old. 

Q. He has gotten to the point where he conies to town very seldom?—A. Yes, 
sir. He is in poor health. 

Q. IMr. C. A. Ballew?—A. I know him to be an old man. 

Q. He has been in poor health for a year or two?—A. Yes. Very rarely comes 
to town. 

Q. Do yon know Panthea Stokes?—A. I do not. 

Q. Do .yon know Hoke Jones?—A. I don’t think I do, for certain. He is one 
of Mr. Jones’s boys, here at the dairy? 

Q. I think so.—A. I know his bo.ys. They have delivered milk for years at 
my house. 

Q. WTiere is he now?—A. I don’t know. 

Q. Don’t yon know he is a student at the State College?—A. I have heard 
it, but I doiVt know of my own knowledge. 

Q. Do you know Mrs. Lizzie Powell?—A. No; I don’t. 

Q. She lived at my house for a year or two; Mrs. J. C. Powell?—A, Oh, 
yes; I don’t know her b.y that name. 

Q. How long has she lived to your knowledge?—A. I came here 22 years ago 
and, to the best of my knowledge, she was here then. 

Q. Wasn’t she on a visit to her daughter last fall?—A. I heard something 
about it. 

Q. Mrs. Viola Bowlin? She is in the city every few weeks?—A. Y^es, sir. 

Q. IMrs. Susie Fuller?—A. She has lived here-12 or 16 years, I think; maybe 
longer than that 

Q. She has a daughter in the graded school here?—A. Yes, sir. 

Q. She is a property owner in Lenoir?—A. Yes, sir. 

Q. She was here last year, wasn’t she, during the summer?—A. I think so. 
I do some work for her. 

Q. Yon know her daughter. Miss Lizzie Philler?—A. Yes, sir. 


57695—21 


35 



546 


CAMPBELL VS. DOUGHTOIT. 


Q. Where is her home?—A. I thought she lived with her mother. I have 
heard she got married. 

Q. She left Lenoir to enter Government work?—A. I think so. 

Q. Prior to that time her daughter was in the graded school here, wasn’t 
she?—A. Yes, sir. 

Q. Miss Mattie May Ballew—how long have you known her?—A. She was 
here when I came. 

Q. She has been a citizen of Lenoir all the time?—A. Yes, sir; she is my next 
door neighbor. 

Q. Where was she on the day of election?—A. In the hospital, I understood. 
Had a nervous breakdown. Been out all summer. 

Q. And Tom Warren—where was he?—A. In school. 

Q. He has lived here all his life, hasn’t he?—A. I thought he was at the 
university. 

Q. He was here last summer, wasn’t, he?—A. Yes, sir. 

Q. His father runs a store out here?—A. Yes, sir. 

Q. Do you know F. L. May? He is an unmarried man?—A. He isn’t Fred, 
is he? 

Q. F. L.?—A. They don’t call him Fred. 

Q. The one that worked in the navy yard during the war?—A. There are 
three boys; I don’t remember their names. 

Q. He went away from here during the war?—A. I don’t know when he left. 

Q. Mrs. Mary Ballew—who is she? Charlie’s wife?—A. I don’t know whether 
she is or not. 

Q. Do you know Jessie Presnell?—A. I do not. 

Q. Y. D. Moore?—A. County superintendent? 

Q. Yes.—A. Yes. 

Q. I ask you if there was a Y. D. Moore voted here on the da.v of election?— 
A. Not to my knowledge. 

Q. You were there all day, weren’t you?—A. Except when I went to lunch. 

Q. He has a son, Y. D. Moore?—A. Yes, sir. 

Q. Signs his name Y. D. Moore, jr.?—A Yes; always puts junior to it. 

Q. Rosa Green—do you know her?—A. I do not. 

Q. IMrs. Barnhardt, where does she live; in Lenoir?-—A. Yes, sir. 

Q. Prior to her marriage to Mr. Barnhardt where did she live? She taught 
at Davenport College, didn’t she?—A. Yes; and her mother lives at Boone, I 
think. 

Q. Miss Virginia Cason—do you know her?—A. I have seen her years ago. 

Q. She is an old lady?—A. Yes, sir. 

Q. You haven’t seen her in town in 10 years?—A. Longer than that. 

Q. She is a resident of the town of Lenoir?—A. Yes. sir. 

Q. Will Ernest?—A. I am not certain about that. I will say I don’t believe 
I know him. 

Q. Clara Powell?—A. I know her. 

Q. She is a pro])erty owner?—A. Yes, sir. 

Q. P>orn and raised here?—A. Yes, sir. 

Q. She lives here now?—A. I consider so. 

Q. I ask you if she doesn’t come every week or two?—A. Well, every month 
or two. I think she comes up on the train. I have heard her say she was 
coming up home. 

Q. She calls this home, to your knowledge?—A. Yes, sir. 

Q. Annie Lee Allen. Do you know what she was doing last fall?—^A. Yes, 
sir. 

Q. What?—A. Going to business college. 

Q. Where?—A. Charlotte. She and her mother helped nurse at my house 
when my wife was sick, and she told what she was doing. 

Q. Thomas Huntley. He is a Lenoir boy?—A. Yes, sir. 

Q. Lives here now?—A. Yes, sir. 

Q. INTaud Tate?—A. Yes, sir. 

Q. She is a nurse?— ^A. Yes, sir. 

Q. She lives at home except when she is away engaged in nursing?—^A. I 
consider so. 

Q. Do you know Jessie Coley?—A. I don’t know her by that name. 

(). Do you know Lloyd Shuford?—A. If he is a brother of Clara, I know 
him. 

Q. Where has he been?—A. He has been off somewhere. 

Q. He is a, single boy?—A. So far as I know. 


CAMPBELL VS. DOUGHTON. 


547 


Q. He lives with his mother down on the Wilkesboro Road?—A. I think so. 

Q. Is that the one who had been working at Cliffside and Caroleen?—A. I 
don t know. There are several of those boys. 

Q. That is the only Shiiford family in Lower Creek Township?—A. So far 
as I know. 

Q. All the boys live down there and some work away from home?—A. Yes, 
sir. They come in every little bit. 

Q. Do you know Tom Forman?—A. Yes, sir. 

Q. How long had he lived here prior to the election?—A. He came here with 
Elirds. 

Q. r>o yon know when that was?—A. No; back in the spring sometime. 

Q. Negro Joe Jones—how about him?—A. Joe Hawkins, they call him. 

Q. Did he vote absentee?—A. Yes, sir. Came in on an absentee card, duly 
signed up and everything. I .saw him in town late that afternoon myself, but 
that was something we didn’t have in mind when he voted. 

Q. He never voted but once?—A. Once is all he voted. 

Q. Republican, too, isn’t he?—A. I think he voted a mixed ticket. 

Q. You don’t know whether he voted for Campbell or Doughton?—A. I 
don’t remember. He usually votes the national ticket Republican and the 
county ticket Democratic. 

Q. Mrs. Wade Miller—do you know her?—A. I don’t think I do. 

Q. Bill Harrison?—A. Yes, sir. 

Q. Where was he raised?—A. He has been in this town about 16 or 18 
years, I would imagine, except what time lie has been working out some¬ 
where. 

Q. He was sent to the Army from this county?—A. Yes, sir. 

Q. He went to school in this county?—A. Yes, sir. I remember he came in 
here and talked to me before he went off. He said he came back to go with 
the boys here. 

Q. This is his home?—A. I think so. 

Q. He has been here since he got out of the Army?—A. Yes, sir. 

Q. He is a traveling salesman?—A. I don’t know about that. I have just 
heard that he travels. 

Q. Do you know Florence Boyd?—A. Yes, sir. 

Q. How long have you known her?—A. Well, I don’t remember, but in the 
neighborhood of 20 years, I think. 

Q. Where is her home?—A. Lenoir. 

Q. Her father used to be sheriff of the county ?—A. Yes; her sister lives 
here. 

Q. She owns property in Lenoir?—A. Yes, sir. 

Q. She comes home every year?—A. I think oftener than that. 

Q. She was here last summer?—A. Yes, sir. 

Q. Do you know Elizabeth Todd?—A. I said that was Mr. Todd’s mother. 

Q. She is an infirm lady, isn’t she?—A. I would think so. 

Q. She is very old?—A. I think so. I don’t think I have seen her for several 
years. 

Q. Who is Bessie Laxton?—A. I don’t know her. 

Q. J. R. Jones—do you know him?—A. Is that another one of Dairyman 
Jones’s boys? I don’t know them apart. I know a couple of the boys are in 
school. 

Q. Do you know Carey Harrison?—A. I do. I have known her about 22 
years. 

Q. She lives in Lenoir?—A. Yes, sir. 

Q. This has alwa.ys been her home?—A. Yes, sir. 

Q. She is an unmarried girl?—A. Yes, sir. 

Q. She comes home about every week?—A. She is over here every week 
or two. 

Q. She just has a position in Gastonia?—A. Yes, sir; a stenographer. She 
boards with her sister. They are all here every few Sundays or Saturday 
evenings. 

Q. This is her regular home?—A. I think so. 

Q. Do you know Clara Shuford?—A. I do. 

Q. Was she here last summer?—A. I don’t remember seeing her last summer, 
but I see her occasionally. 

Q. She was deputy register of deeds a good long while?—A. Yes, sir. 

Q. Born and raised in this county?—A. Yes, sir. 

Q. She happens to be living with her brother out of the State for the 
time being?—A. I don’t know where she lives. 


548 


CAMPBELL VS. DOUGHTON. 


Mr, Reynolds. My brother was kind enough to inform me that residence is 
a mixed question of law and fact. Contestant objects to above question. 

Q. Where is her home?—A. I take it lier legal residence is with her mother. 

Mr. Reynolds. Contestant objects to above question and answer, 

Q. Where is her mother’s residence?—A. Lower Creek Township. 

Q. She lives in her house on the Wilkesboi’o Road?—A, Yes, sir. 

Q. Some Reimblicans created a little confusion there that day?—A. Yes, sir. 

Q. Drunk and disorderly?—A. Yes, sir. 

Q. Some of them submitted to being drunk on election day, this last week 
in court?—A. Well, they came in and submitted, and I believe I heard them 
plead a previous conviction and pay and get out of it in some way. 

Redirect examination by IMr. Reynolds : 

Q. That is hearsay evidence?—A. That can be proved. I was called as a 
witness and was told they had submitted and I didn’t need to come; or 
had plead a previous conviction. 

Recross-examination by Mr, Si^uiKES: 

Q. The election was fairly and honestly conducted, .so far as you know?— 
A. So far as I know, 

Q, And you know mighty near all about it?—A. Well, I kept my eyes open. 

Redirect examination by Mr. Campbell : 

Q. Do you know whether or not there was a doctor’s certificate with H. H. 
Carlton’s ballot?—A. I couldn’t say about that. I know there was some 
doctors’ certificates in the absentee votes, but as to whose they were with, I 
couldn’t say. 

Q. You don’t know, then, as to Mr, Ballew, as to whether there was one 
with his? 

Mr. Squires. It is admitted that there was not. 

A. All affidavits came in, in due form, and were sworn to, and, as far as I 
know, were entitled to vote. 

Q. As to those individuals, you couldn’t say?—A. I couldn’t call them indi¬ 
vidually ; how every one was fixed up. 

Q. Mrs. Susie Fuller—is she a school-teacher?—A. A widow and school¬ 
teacher. 

Q. What did you say the nature of her absence was?—A. I thought she was 
away on a visit. 

Q. You don’t know she has been in Washington for some time?—A. No; I 
don’t. 

Q. When did you .see her? Did jmiu see her around about election time?— 
A. I couldn’t say exactly when. 

Q. You haven’t seen her in the last year, have you?—A. I couldn’t say about 
that. 

Q. How about Lizzie Fuller? Have you .seen her here in the last year?—A. 
You were asking about Mrs. Fuller; asking if I had seen her in a year. I think 
she was in my office last summer and had me to do some work for her. 

Q. IMrs. Fuller and Susie Fuller are in Wa.shington at work? Don’t you know 
that of your own knowledge?—A. No. T understood that Miss Lizzie Fuller 
was up there working for the Government. 

Q. Do.you remember that she voted an absentee ticket here?—A. I think I do. 

Q. They are Democrats?—A, T wo\ild think so, but I dont’ remember exactly 
the way they voted, 

Q. Miss Mattie May Ballew—what was the nature of her ab.sence?—A. 
Why, she was in the hospital for a nervous breakdown. 

Q. Was her vote marked “challenged”?—A. I don’t know about that. 

Q. Was there a certificate accompanying her vote—a doctor’s certificate?— 
A. She didn’t need any. 

Q. You say they had a little trouble down there on election day; weren’t 
some of your Democratic friends tangled up in that-? Didn’t they have some 
of them arrested or indicted?—A. Not that I know of. 

Q. Don’t you know that one of them was indicted, and, for some reason or 
another, they never did have him up in court?—A. There were so many, I 
couldn’t identify them all. 

(Hearing adjourns.) 


CAMPBELL VS. DOUGHTON. 


549 


State of North Carolina, 

Iredell Comity, ss: 

I, ^Monroe Adams, notary for and in the county of Iredell, as com¬ 

missioner of testimony in the hearing of James I. Campbell, contestant, and 
Robert L. Donghton, contestee, do hereby certify that the above transcript of 
evidence by Miss Marie Shanks, stenographer, who was duly sworn as stenog¬ 
rapher for the same by me, is a true and cori-ect transcript of evidence produced 
before me as commissioner of testimony in Caldwell County, State of North 
Carolina, the eighth congressional district. 

[seal.] Monroe Adams. 

i\Iy commission expires April 19, 1922. 

(The hearing adjourns until Tuesday morning, iNIarch 8, 1921, at 10 a. m.) 

The hearing convened in Caldwell County on Tuesday morning, March. 8, 1921, 
at 10 a. in., with Marie Shank, notary public in and for Buncombe County, 
N. C., presiding as commissioner of testimony and stenographer, Monroe Adams, 
the commissioner of testimony and notary public acting on Monday, March 7, 
to-day appearing as attorney for James R. Campbell, the contestant, together 
with G. D. B. Reynolds and Walter Lee Campbell; present on behalf of the 
contestee, he being present in person. Attorneys Lawrence Wakefield, Mark 
Squires, W. C. Newland, J. T. Pritchard, and L. S. Spurling, 

Mr. Squires. The contestee objects to the taking of testimony before Marie 
Shank, for the reason that the notice served upon his attorneys designated 
Monroe Adams as the person before whom the testimony should be taken. The 
contestee also gives notice now that he will hereafter move to strike out all 
testimony taken before Monroe Adams, as a notary public or commissioner of 
testimony, for the reason that the said Monroe Adams has heretofore served, 
and is now at this present time serving, as attorney for the contestant, and that 
he is disqualified upon the grounds of his interest as such attorney, and as such 
commissioner he has custody of the testimony taken before him and is, there¬ 
fore, disqualified upon the ground of interest, and is not such a person as is 
contemplated by the United States statutes relative to contested elecions to 
take testimony. 

Counsel for conestee also states for this record that he protests against the 
taking of testimony before one not designated in the notice; that he protests 
against the person who has been designated to take testimony afterwards acting 
as counsel in his own case; to the parties and rulings and statements made upon 
the record by the said commissioner, and does now insist, and will hereafter 
insist, that the said Monroe Adams is not a proper person to be the custodian 
of any testimony in which he is interested as counsel. 

Counsel also states that he will hereafter move before such bodies and per¬ 
sons as he may deem proper, to strike out any and all of the testimony taken 
before the said Monroe Adams in this or any other county of the eighth con¬ 
gressional district. He further states that, by all established rules of law and 
procedure, and as an integral part of our administration of the law in the 
United States of America, that no man can act in a quasi-judicial capacity after 
he has been interested as counsel in a case, and is still interested as counsel in 
the case. He insists that such conduct, on the part of the said commissioner, is a 
violation of every known rule of procedure and orderly administration of law, 
and now protests and states upon the record that he does not waive any rights 
that he may hereafter have to strike out the said testimony taken before the 
said Monroe Adams because of his appearance as counsel this day, and does 
not intend to waive, and does not waive, the objections heretofore stated by 
reason of his cross-examination of any witnesses'that may be hereafter tendered 
to him. 

Mr. Adams. Monroe Adams, attorney for the contestant, James R. Campbell, 
has sought to withhold no facts from the attorneys for the contestee, but has 
put in the records his actions, fully and coniifietely, to the knowledge of the 
counsel in this case, without any special interest manifested on behalf of either 
party in the case, and does not expect at this time to withdraw from his position ; 
that he admits being attorney, and that he admits being commissioner of evidence, 
and that he admits the notices are before him, and that Miss Marie Shank is 
hereby substituted in his place by him. 


650 


CAMPBELL VS. DOUGHTON. 


Mr. F. F. SEAHORN, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Adams : 

Q. What is your name, please?—A. F. F. Seaborn. 

Q. Where do you live?—A. I live in Lower Creek Township, in tlie graded 
school district. 

Q. In what county?—A. Caldwell County. 

(J. How long have you lived in this precinct?—A. I have lived in this precinct 
about 15 years, I guess. 

Q. Were you present on election day?—A. Yes, sir. 

Q. At what precinct?—A. Lower Creek. 

Q. Was there an absentee vote voted there for Jones Powell that day?— 
A. I couldn’t say. 

Q. Do you know Jones Powell?—A. I do. 

(}. Is he living to-day?—A. No, sir. 

(}. How long has he been dead?—A. He died in September. 

Q. Was he buried here in this county?—A. He was buried at Lower Creek— 
I^ower Creek Church. 

Q. Were you present at his funeral?—A. Yes, sir; he was my neighbor and my 
friend. 

Q. He died in what year?—A. 1920. 

Q. Do you know Mrs. Susan Fuller?—A. Yes, sir. 

Q. Do you know where she resides?—A. I know they say she is in Washington. 
Q. She is not living here?—A. No, sir. 

Q. She was not living here on election day?—A. No, sir. 

Q. Do you know Lizzie Fuller Pickett?—A. Yes, sir. 

Q. Where does she live?—A. In Washington, the last I heard. 

Q. She was not living here on election day?—A. No, sir. 

(}. Is she married?—A. Said to be married. 

Q. Living in Washington City?—A. Yes, sir. 

Q. And was at the time of election?—A. Yes, sir. 

Q. Do you know whether an absentee vote went in for her?—A. Yes, sir; I 
heard one went in for her. 

Q. A Democratic vote?—A. I don’t know. 

Q. What is her reputed politics? 

(Contestee objects.) 

A. Democratic. 

Q. Do you know C. R. Beach?—A. Yes, sir. 

Q. Do you know anything of his whereabouts?—A. No, sir. 

Q. Was an absentee vote voted for him that day?—A. I think I heard it 
called. 

Q. There is a warrant out for him?—A. I don’t know; only hearsay. 

Q. You know he has been in trouble about some whisky ?—A. Yes, sir ; left on 
that account. 

Q. Do you know Hamilton Wolfe?—A. Yes, sir. 

Q. Was an absentee vote cast for him that day?—A. Yes, sir. 

Q. Do you know how long he had been out of the State?—A. Four or five 
years, I would think. 

Q. Do you know Clara Powell?—A. Yes, sir. 

Q. Do you know where she lives or resides?—A. Her home—she was raised 
in Lower Creek. 

Q. Where does she live now?—A. She is working at Gastonia. 

Q. Was she working there on election day?—A. She wasn’t here; I didn’t 
see her. 

Q. Was an absentee vote voted for her that day?—A. Yes, sir. 

Q. Do you know Tom Huntley?—A. No, sir; I don’t know him. I know an 
old man; they said it was a young man. 

Q. Do you know where the old man is now ?—A. Yes, sir; Greensboro. 

Q. How long has he been there?—A. Several years. 

Q. You don’t know of any other Tom Huntley?—A. No, sir. 

Q. Do you know Jessie Corley?—A. No; I don’t. 

Q. W. A. Harris?—A. Yes, sir. 

Q. Do you know where he is now?—A. No, sir. 

Q. Do you know where he was on election day?—A. Yes, sir. 

Q. You know he is a traveling man?—A. I heard he was. He hasn’t been here 
in about a year. 

O. Do von know R. V. Wolfe?—A. That is the same man. 


CAMPBELL VS. DOUGHTON. 


551 


Q. Hamilton Wolfe—is that Mrs. Wolfe?—A. Yes, sir. 

Q. Was an absentee vote voted for him?—A. Yes, sir; both. 

Q. Democratic?—A. I couldn’t tell yon; supposed to be; he is a Democrat. 

Q. John Ih-uette; was an absentee vote voted for him?—A. I think so. 

Q. Do yon know where he is now?—A. In Georgia. 

Q. How long has he been there?—A. I don’t know how long. He has been 
working down there off and on for a year or two. 

Q. Is he a married man?—A. Yes, sir. 

Q. Did he take his wife back there?—A. Yes; I think so. 

Q. Do you know where she voted that day?—A. I do not. 

Q. Mrs. Isabel Hukil—do you know where she is?—A. No, sir; I don’t. She 
lived here some time ago. 

Q. She has been gone from here some time?—A. Yes, sir; she is supposed to 
have gone to her husband. Her husband is in the Army service. 

Q. Has she returned here since the war ended?—^A. She came back, I think. 
Mr. Hukil has not come back except once on a visit. 

Q. His initials are E. M.?—A. I think so. 

Two votes were cast here for the Hukils on that day?—A. Yes, sir. 

D. They were both living away from here?—A, Yes, sir. 

Q. Did you see, on or before election day, a certain picture purporting to be 
the likeness of Senator Harding of Ohio, the candidate for President, sur¬ 
rounded by certain purported Negro candidates, running mates with him on 
the Republican ticket, at any place before or on election day ?—A. Yes, sir. 

Q. Where was it?—A. In IMr. Abernethy’s store building. 

Pasted in a window?—A. Yes, sir. 

Q. So you could see it from the outside?—A. Yes, sir. 

Q. What is Mr. Abernethy’s politics?—A. He is a Democrat. 

Q. Did you see that picture at any other place or time?—A. No, sir; that 
was the only place. 

Q. Is it a familiar form of campaigning in this county, as well as in this 
State, to use circulars and pictures and portraits for the purpose of informing 
the people?—A. It was this time. 

Q. And it was used in this county for that purpose? 

(Contestee objects.) 

Cross-examination by Gov. Newland : 

Mr. Seaborn, do you know whether or not old man Jones Powell that died 
last summer, I reckon it was, has a grandson whose name is Jones?—A. No, 
sir; I don’t know but one Jones. 

Q. And I believe you said you didn’t know whether any Jones Powell voted 
or not?—A. No. sir; I never heard his name called. 

Q. IVIrs. Fuller owns her home here?—A. Yes, sir. 

Q. And her daughter was working in Washington?—A. Yes, sir. 

Q. For the Government, is your understanding?—A. Yes, sir. 

Q. And married while up there?—A. Yes, sir. 

Q. And Mrs. Fuller went up to Washington to visit her daughter?—A. Yes, 
sir. 

Q. And you know the fact that she is now teaching at Durham?—^A. No, sir; 
I don’t know where she is. • 

Q. Are you a trustee of the graded school?—A. Yes, sir. 

Q. Didn’t she apply for a position in the graded school last fall?—A. No, sir; 
not last fall. 

Q. Not last fall?—A. No, sir; she didn’t apply. The year before she taught at 
the college. I know she applied year before last, because I voted for her; I 
wanted her to come back; she was a good teacher. 

Q. She taught in the college after she failed to get a position with you all?— 
A. Yes, sir. 

Q. In the graded school?—^A. Yes, sir. 

Q. She stayed there until the college term closed in May?—A. I think so. 

Q. And then went to Washington to visit her daughter?—A. Yes, sir. 

Q. You told me about Miss Lizzie Fuller. Now C. R. Beach?—A. That is 
Rufe. 

Q. Did you say there was a vote cast for him or not?—A. That is my recol¬ 
lection ; just like hearing them all called over. 

Q. His wife lived here?—A. I don’t know whether she did or not. I know he 

is gone; we all know that. 

Q. You don’t know that his wife lives down close to Mr. Wilson?—A. No, sir. 


552 


CAMPBELL VS. DOUGHTON. 


I believe you said you didn’t know bow lie voted?—A, No; I don’t. 

(i. Mr. M'olfe, U. V. Wolfe, has a position with the Government in Washing¬ 
ton?—A. I have heard that he did. 

Q. And lias had it for four or live years; ever since he left here? Yon heard 
that he had a position on the police force?—A. 1 heard he had a position. 

Q. And Mrs. IMay Hamilton AVolfe is his wife?—A. Yes, sir. 

Q. And she left here some consiilerable time after he left?—A. Yes, sir. 

Q. And went to Washington?—A. Yes, sir. 

Q. INIiss Clara Powell makes her home, when she is here, with her brother?—• 
A. Yes, sir. 

Q. She lived with her mother until she died?—A. Yes, sir. 

Q. I will ask you if you know whether or not she visits, come home?—A. I 
think every month or two. I see her once in awhile. I don't know how often. 

Q. She considers her home here?—A. I think so; always considered her home 
with her brother. She has been with him ever since her mother died. 

Q. Do you know Tom Huntley?—A. Which one? I don’t know any but old 
man Tom ; father of the Huntley boys. 

Q. You don’t know whether any of the boys are named Tom?—A. I have 
heard one called that. If there is a young Tom Huntley, I don’t know that. 

Q. You say he voted?—A. His name was called; that is my recollection. 

Q. You said you didn’t know how he voted?—A. No, sir; I didn’t see the 
ticket. 

Q. Will Harris, he is the son of this old gentleman that lives here in lA^noir?—- 
A. Yes, sir. 

Q. A young, unmarried man?—A. Yes, sir. 

Q. Raised here, ]Mr. Seaborn?—A. Been here pretty much ever since he was 
a small fellow. 

Q. He is a traveling man?—A. Said to be. 

Q. John I’ruette has lived here for a long time?—A. He was here when I 
came, 25 years ago. 

Q. He has lived here all the time until he went to Georgia to work?—A. Yes, 
sir; he was my neighbor. 

Q. He lived on a farm?—A. Yes, sir; he and his sister. 

Q. Until he left here and got a .iob in Georgia as a carpenter?—A. No. sir; 
a brick mason. 

Q. He gets jobs off and when he gets through, he comes back. And Mrs. 
Hukil is the wife of E. M. Hukil?—A. Yes, sir. 

Q. She lived here a year or two after he went to Washington?—A. Yes, sir; 
she had a .lob. 

(}. She was court stenographer?—A. Yes. sir. 

Q. And then went to Washington with her husband?—A. Yes, sir. 

(}. They are both there now?—A. I don’t know; I don’t know whether they 
are. 

Q. That incture you S'aw, Mr. Seaborn, did not purport, did not say, that those 
darkies that were on it were running mates of IMr. Harding, did it?—A, I didn’t 
read it. I saw it and that was enough for me. 

Q. It simply stated that they were Republican candidates in the State of 
Ohio?—A. I didn’t read it. I just saw Harding was surrounded by Negroes. 

Q. You hever heard Mr. Doughton had anything to do with it?—A. No, sir; 
I don’t believe he would. 

Redirect examination by IMr. Adams : 

(}. Do you know when T. A. Forman came to this town?—A. No, sir. 

Q. About when?—A. He came about the time Efird’s opened here; when they 
bought out Newland. 

Q. Where did he come from?—A. I don't know. ' 

Q. He came from out of the county?—A. Yes, sir. 

Q. Do you know of your own knowledge that he had not lived in this county 
six months prior to the election?—A. I know Etird bought the 4th of INIay*; 
made the trade with Newland; and Mr. Forman came about that time. " I 
couldn’t tell you the date. That would not make six months before the elec¬ 
tion. I looked it up to be certain; got a paper to be certain. 

Q. How many absentee votes were cast down there in that i)recinct where 
you were, approximately?—A. Something around a hundred. 

Q. Something around a hundred cast there that day?—A. Y^es, sir. 

Q. About how many of those votes were Republican votes?—A. Very few; 
I don’t know; not many. 


• CAMPBELL VS. DOUGHTON. 553 

Q. M lint per cent would >011 say?—A. I don’t have any idea there was over 
25 per cent. 

Q. Who was the registrar in that precinct?—A. Russell Presnell. 

Q. Does he live in town?—A. No, sir; 3 miles in the country. 

C}. Did he open up those absentee votes?—A. A. W. Dula held the election. 
He opened all of them. 

Q. Any challenges preferred there that <lay?—A. Holderfield challenged. 

Q. ere they regarded or disregarded; what attention was paid to those 
challenged?—A. Very little. 

Q. They were all voted, jnst about?—A. I don’t remember whether there was 
any not voted or not. There was four Republicans, I noticed, that he would not 
let pass. 

Q. That is, the registrar would not vote them?—A. No; not the registrar, 
the judge of election; Dula passed on them. 

Q. Why would he not vote those four Republicans?—A. Because they had 
been given to Holdertield. 

Q. And Holderfield handed them to him?—A. Yes, sir; that is what he said. 

Q. Were those Republican or Democratic?—A. Republican. I know two of 
them: S. A. Hartley and Walter Bray hill. I remember there were four, and 
those are the two names I heard. 

Q. Did they have the poll book and registration down there that day?—A. I 
think so. 

Q. Do you know what they did with them?—A. No, sir; I don’t. 

Q. Were there any parties turned away there and not allowed to vote that day 
that claimed to be registered?—A. Well, I saw—claimed to be registered? 

Q. Yes; claimed they were on the registration book.—A. I don’t know, 
personally. 

Recross-examination by Goy. Newland : 

Q. You say Mr. Forman came about the time Efird came?—A. Yes, sir; he 
was there at the opening. 

Q. The trade between Mr. Newland and Mr. Efird was consummated on the 
4th of May?—A. Yes, sir. That is what the paper stated. 

Q. Ami you don’t know whether Forman was here two or three days before 
that?—A. I do not. 

Q. They were several days negotiating?—A. I don’t know how long. The 
trade was made before I knew anything about it. 

Q. Now, you state the four absentee votes that were refused at Lower Creek 
precinct were handed in by Holderfield?—A. Yes, sir. 

Q. And hadn’t been mailed to the registrar?—A. Yes, sir; I think they had 
been marked in care of Holderfield. 

(). And he handed them in to the registrar?—A. Yes, sir. 

Q. I believe one of them, S. A. Hartley—is that Dock Hartley?—A. Yes, sir. 

Q. He is in Alabama?—A. He left here just before the election. 

Q. He is working there?—A. Yes, sir. In the lumber business. 

Q. The other was in South Carolina? Do you know whether or not he had 
his family with him?—A. No, sir; I don’t. 

Redirect examination by Mr, Adams : 

Q. You know the consummation of this sale of Efird’s was on ]May 4?—A. 
That is what the paper states. 

(}, If Mr. Forman came before that he didn’t liave any job?—A. I don’t 
know, 

Q. Efird hadn’t bought any business to give him a job with?—A. I don’t 
know whether he helped make the deal or not. I couldn’t tell you. He came 
here as manager of the business. He and Teague were both here. 

Q. This Lower Creek, which you have been testifying about, is one of the 
large Democratic precincts in this county?—A. Not very large. 

(}. They have a large Democratic majority?—A. Yes, sir; they have got a 
majority. 

Q. One to two hundred?—A. Around three hundred; it has run that high. 

Recross-examination by Gov. Newland : 

Q. It was a good deal smaller this time than it had been?—A. Yes, sir; 
fhanks to the women. 


554 


CAMPBELL VS. DOUGHTON. 


Mr. JOHN M. CRISP, a witness previously introduced, being recalled, testified 
as follows: 

Direct examination by Mr. Adams : 

Q. Have you the registration book for Lower Cre(;‘k?—A. No, sir. 

Q. It has never been returned te you?—A. No, sir. 

Q. Vou are the register of deeds for this county?—A. Yes, sir. 

Q. Did you have any certificates or affidavits of the absentee votes returned 
to you?—A. No, sir; I never have had one. 

Q. Who was the Democratic registrar for Lower Creek precinct?—A. Russell 
Presnell. 

(}. He lives here close to town?—A. Yes, sir. 

Q. Has he been around here in the last few days?—A. I think I saw him 
Saturday. 

(^. The i)oll books have been returned, have they?—A. No books for Lower 
Ci'eek ; not to my office. 

Mr. Sc^uiKEs. I got that one out of your office [Indicating book.] I got 
that out of your office. 

Witness. I never saw it; best of my knowledge and belief there has never 
been any Lower Creek book returned to me. It might have been left there, 
but I didn’t know anything about it. 

IMr. Adams. Mr. Starnes came in and asked about those books? 

A. Yes, sir. I told him there were the books; to look over them. And he 
claimed he didn’t find them. 

(}. Mr. Starnes is one of the friends of the contestant?—^A. I suppose he is. 

Q. If this book they referred to is one of the books for that precinct it is the 
first time you have seen it?—A. I never saw it in my office. 

Q. Is there any other source of information in this county by which the con¬ 
testant can get information as to the voters except from those returns of the 
registrar and the books of that precinct?—A. I don’t know. 

Q. To your own knowledge, do you know of any other source of informa¬ 
tion?—A. He could have seen the official returns, returned by the board of can¬ 
vassers. 

Q. That didn’t show who voted?—A. No. 

Q. Just the number of votes cast?—'A. Yes, sir. 

Q. Doesn’t even show whether legal or illegal?—A. No; just shows the num¬ 
ber of votes cast. 

Q. Do you know of any other precinct in this county where the votes have 
not been returned?—A. Yes, sir; Richland’s, I think, have not been returned— 
have not been returned to my office. 

Q. Do you have the books from South Lenoir precinct? Yes, sir. I brought 
all the books in my possession, and they are on the table. 

Q. I wish you would take the poll book and registration book of North Lenoir 
precinct and identify them. [Hands witness books.] That is the registration 
book returned to you as the registration book?—A. I think so. That is the one 
I found in the office. 

Q. For the 1920 election?—A. I didn’t have any way of marking them, but i/; 
has the name. 

Q. Read what is on the book. —A. “ North Lenoir precinct, Lenoir, Caldwell 
County.” 

Q. And this is the poll book of that precinct?—A. The poll book. It is not 
marked, but it appears to be. 

Q. Y’^ou are acquainted enough with the names to know tliat is the poll 
book?—A. Yes, sir. 

Q. Have you the books from Lovelady precinct?—A. I think so. 

Q. [Hands witness book.] Is that the registration book of Lovelady pre¬ 
cinct?—A. It is so marked. 

Q. It was returned to you and kept as such?—A. I think it is; the one I 
found in my office. 

Q. For the election of 1920?—A. Yes, sir. 

Q. And this is the poll book from the same precinct?—A. Yes, sir. 

Q. One of the poll books—I believe you have twm? 

(No answer.) 

Cross-examination by Mr. Squires : 

Mr. Crisp, those books might have been left in your office, and sometimes are, 
without your knowing it?—A. Could have been. 

Q. You have an assistant there?—A. Yes, sir. 


CAMPBELL VS. DOUGHTON. 555 

Q. See if you recognize that book. [Hands witness book.] That looks like 
the Lower Creek book. 

Q. Whose handwriting is that? I ask you if it is Mr. Hunt Graham’s?—A. 

I couldn’t swear whose it is. 

(Contestant objects to attorney’s having the register of deeds to identify a 
book that has not been returned to him as an official book and by an officer.) 

Q. Whose handwriting is in that book?—A. I don’t know. 

Q. I ask you if Mr. Hunt Graham didn’t serve as clerk in Lower Creek Town¬ 
ship?—A. Yes, sir. 

(}. You are not familiar with his handwriting?—A. No, sir; I am not familiar 
with his handwriting. 

Q. Mr, Crisp, you have held office how long?—x\. Why. this is my—I have 
held office—this will be my sixth term ; 12 years. 

Q. You are reasonably familiar with the citizenship of Caldwell County?— 
A. Yes. sir. 

(}. You have campaigned it, haven’t you, almost every way?—A. Various 
ways. 

Q. And have a very large acquaintanceship in the county?—A. I know pretty 
much everybody in the county. 

Q. I ask you, if this literacy requirement had been enforced in Caldwell 
County, what would have been the probable result of the vote? 

(The contestant objects unless the witness knows.) 

Q. Go ahead and answer the question.—A. It would have gone Democratic— 
no, I believe it would have gone Republican. 

Q. If it had been enforced?—A. No; if it had been enforced—I beg your 
pardon—it would have gone Democratic. 

Q. You are not prepared to state that this book was not gotten by me out of 
your office, are you?—A. No; I would not swear it was not left in there, nor 
would I state that you did not get it out of there; I don’t know. I never saw 
you get it. I never saw it in there. 

Redirect examination by Mi-. Adams : 

Q. You do state, though, that the friends, partisans, and adherents of James 
I. Campbell, the contestant, did not have access to it? Did Mr. Starnes have 
access to it?—A. He came in there two or three times and asked for the book. 

I told him to look through and see if he could find it. 

Q. You also testified that you had made diligent search for it?—A. Yes; I 
got tired looking for it, and asked him to help himself. 

Q. You also testified that if this literacy test had been strongly enforced the 
county would have gone Democratic?—A. My opinion. 

Q. bo you know of any Democrats who were refused registration on account 
of the literacy test?—A. I think I do. 

Q. Do you know their names?—A. Well. I don’t know that I could call their . 
names now. 

Q, By whom was the registration conducted in this county—Democratic reg¬ 
istrars?—A. I beg your pardon? 

Q Your registration was conducted by Democratic registrars in this county?— 
A. Yes, sir. 

Q. You don’t want to go upon record here as saying that your Democratic 
officials incriminated themselves by registering people who were not qualified to 
vote, do you? 

(The contestee objects; he is trying to discredit his own witness.) 

Q. Answer the question.—A. No; I don-’t say that. 

Recross-examination by Mr. Squibes : 

Q. You said there was another set of books that had not been returned to 
your office?—A. Yes, sir. 

Q. Who were those papers presided over by—Democrat or Republican?—■ 
A. Supposed to be a Democrat, but I think he is a Republican. 

Q. Mr. Charley Dobbins?—A. Yes, sir. 

Q. Of Richland precinct?—A. Yes. sir. 

• 

Mr. AUSTIN RUSSELL, a witness introduced by the contestant, being first 
duly sworn, testifies as follows: 

Direct examination by Mr. Adams : 

Q. What precinct do you live in, Mr. Russell?—A. At the time of last elec¬ 
tion I lived in North Lenoir, I live in Lower Creek now. 


556 


CAMPBELL VS. DOUGHTON. 


Q. In what precinct does (diaries Pearson vote?—A. Why. he voted, I tliink, 
in Lower Creek the last election ; I am not sure. 

Q. Do you know where he is now?—A. Yes, sir; he is in this county. Lives 
out about a mile. 

Q. Was he entitled to vote there that day? 

(Contestee objects.) 

Q. You know where he lives?—A. He was entitled to vote; yes, sir. 

Q. Do you know Jesse Presnell?—A. Yes, sir. 

Q. W as he entitled to vote? 

(Contestee objects.) 

Q. Or did he vote there?—A. I don’t know where he voted. 

Q. Do you know where he is?—A. At home now, but he has been serving a 
sentence for desertion from the Army. 

(^. He has never been here since the registration books were opened?—A. Not 
since he came of age. 

Q. Do you know Edna Holman?—A. Yes, sir. 

Q. Was she registered?—A. She said she had registered here. 

(Contestee objects.) 

Q. Was she allowed to vote?—A. No, sir. 

(}. Why did he not allow her to vote?—A. Said he had torn her card up be¬ 
cause it didn’t suit him. 

Q. What kind of card was it?—A. Registration card. 

Q. Could she read and write?—A. Yes, sir. That was her writing. I saw 
her write her name. 

Q. What is her political faith?—A. Republican. 

Q. Anything else you know about any irregularities?—A. I saw the clerk in 
Lower (jreek Township register and vote a woman Democrat on the day of 
election. 

Q. What was her name?—A. I don’t know her name. I saw him put her 
name at the top of the page. 

Q. And put a Democratic vote in for her?—A. Yes, sir. 

Q. Anything else?—A. The clerk told her her name was not on the book, 
but she could put her name on there and go ahead and vote. And then, also, a 
certain Republican woman came up to register, and they didn’t have her name. 

Q. On the book?—A. Y^es, sir. 

Q. Did they acknowledge registering her and then would not let her vote?—, 
A. l^es, sir. 

(}. Do you know anything about Noah Nelson and wife?—A. Y^es, sir. They 
were refused the right to vote here. 

(h Had they been registered?—A. They had been registered, but refu.sed on 
the grounds that they had been out of the State, but they hadn’t moved out of 
the State. He counted this his home, and only been in West Point, Va., tem¬ 
porarily. 

Q. Had she been out there, too?—A. Yes, sir. 

Q. How about Charley Pearson ; do you know the reason he didn’t vote the 
Republican ticket? 

(Contestee objects.) 

(}. Have you had a conversation with him about it?—A. He told me on the 
morning of election that he had intended to vote the Republican ticket, but on 
account of the Negro pictures and the report that President Harding was part 
Negro, he had decided to vote the Democratic ticket. 

Q. And he voted the Democratic ticket that day?—A. Yes, sir. 

(It is admitted that Noah Nelson and wife are not qualified voters.) 

Cross-examination by Gov. Newland : 

Q. YYnir name is Austin Russell?—A. Yes, sir. 

(}. Where were you raised?—A. Raised in Caldwell (’ounty. 

(). What part of the county?—A. I lived in Patterson until I was about 11 
years old; been living in North Lenoir since. 

Q. You said Jesse Presnell was not present?—A. He was a deserter from the 
Army, and had given himself up. 

Q. Do you know that, or is it hearsay?—A. I know he was a deserter from the 
Army. 

Q. How do you know it?—A. Because he was in hiding in a mile of my home. 

Q. Y"ou harbored him?—A. No, sir. 

(). Y’'ou don’t know whether he was ever sentenced, of vour own knowledge?— 
A. No. 


CAMPBELL VS. DOUGHTON. 557 

Q. On the day of election yon don’t know where he was?—A. He wasn’t here. 

Q. Ion don’t know where he was?—A, He was in the Army somewhere, 

Q. And yon say there was a vote cast for him, was there‘i’—A Yes sir* I 
think there was a vote cast for him. 

Q. Do yon know? It is not a question of what yon think.—A. I have seen his 
name on the scroll book, absentee voters. 

Q. What scroll book?—A. The one Mr. W. H. had; that the Republicans kept. 

Q. Ion didn’t see it on the one the Democrats kept?—A, No, sir. 

Q. And yon didn’t see it on any oflicial record?—A. No, sir. 

Q. Yon didn’t see it on the registration book?—A. No, sir. 

Q. And yon say yon saw the clerk register Edna Holman?—A. No, sir. 

Q. And vote her on the day of election?—A. No, sir ; that wasn’t Edna Holman. 
I don’t know who the lady was, Imt saw him register some lady and vote her a 
Democratic ticket on the day of election. 

Q. Do yon know whether she was 21 that day?—A. She was an old lady. 

Q. Yon don’t know her name?—A. No, sir. 

Q. Do yon know what clerk it was?—A. Miss Ethel Coffey. 

Q. Did yon challenge her?—A. I didn’t do the challenging. 

Q. Did anybody challenge her?—A. I don’t think they did. 

Q. Did yon try to iind out who the lady was?—A. No, sir; not at that time. 

Q. Have yon since?—A. I have asked who she was. 

Q. Have yon learned who she was?—A. No, sir; I don’t know her name. 

Q. Now, the polls were roped off, weren’t they?—A. Yes, sir. 

Q. From the crowd ; and in order to see that, yon had to be inside tho.se 
ropes?—A. I was in where the challenger— 

Q. Were yon the challenger?—A. No, sir. 

Q. What were yon doing in there?—A. I was in there with a few more people, 
jnst looking on. 

Q. Why didn’t yon challenge them, Mr. Russell?—A. Well, I wasn’t appointed 
challenger. 

Q. Y^on conld have told the-Republican .indge of it right then and there? Did 
yon tell anybody?—A. They had two .indges against one; it wonld not have done 
any good. 

Q. There were only two .Indges down there—Mr. Dnla and IMr. Austin? It 
wonld have been a .indge against a judge?—A. There was four there most of the 
time. Mr. Coffee and Mr. Presnell, 

Q. Yon swear there were four judges at that box?—A. Most of the time. 
Mr. Rnssell Presnell was sworn in as judge, but Mr. Cottrell acted most of 
the day. 

Q, Wasn’t Mr. Rnssell Presnell registrar?—A. He was sworn in as judge; 
sworn in that morning as judge. 

Q. Who swore him in?—A, I don’t know, 

Q. Did yon see him sworn in?—A. No, sir . 

Q. Then yon don’t know it. Now, as a matter of fact, don’t yon know that 
Russell Presnell was registrar and not judge?—A. Why, I kno\v he was 
registrar. 

Q. How came yon to say he was sworn in that day as judge?—A. I have been 
told by- 

Q. Is what yon are saying hearsay or is it from your own knowledge?—A. 
As to being judge, I only heard that. 

Q. Yon do know he was registrar?—A. I do know he w^as acting judge part 
of the time. 

Q. Now, you state some woman conld read and write and was not registered; 
who was that, please?—A. Tliat was Miss Emma Holman. 

Q. Were you present when she offered to register?—A. No, sir; not when 
she offered to register. 

Q. Do you know whether the registrar asked her to read and write some 
section of the Constitution?—A. On the day of election he asked her to write 
her name. 

Q. I am' talking about the Constitution; yon never heard her try that?— 
A. No, sir; he didn’t ask her that. 

Q. You don’t know whether he had asked her that before or not?—A. He 
acknowledged that he had registered her. I heard him say that he had regis¬ 
tered her. He tore the card up because it didn’t suit him. 

Q. It didn’t suit him because she couldn’t read and write the Constitution?— 
A. He didn’t say that. 

Q. What judge was that?—A. Russell Presnell. 



558 


CAMPBELL VS. DOUGPITON. 


Mr. J. W. HOLIFIELD, a witness previously introduced, being recalled, 
testified as follows: 

Direct examination by Mr. Adams : 

Q. Did you receive an absentee vote sealed up in an envelope for S, A. 
Hartley?—A. Yes, sir. 

Q. You received one from Will Powell?—A. Yes, sir. 

Q. Also one from Gaither Carter?—A. Yes, sir. 

Q. Also S. Cline?—A. Yes, sir. 

Q. Were those four votes Republican votes?—A. Yes, sir. 

Q. Did you deliver those envelopes to the registrar or the officials down at 
the polling place?—A. Yes, sir. 

Q. Did they vote them?—A. No, sir. 

Q. What did they state as the reason ?—A. Mr. Dula said somebody had been 
carrying them around in their pockets and that he wasn’t going to allow them 
to go in. 

Q. Do you know Jones Powell?—A. Yes, sir; one Jones. 

Q. Did you see a vote cast there for him?—A. There was a Jones Powell 
voted. 

Q. Was he dead at the time of election?—A. The only Jones Powell I know of 
is dead. 

Q. Was he dead at the time of election?—A. Yes, sir. 

Q. It was a Democratic vote cast for him?—A. I couldn’t say, I don’t believe, 
about that. 

Q. There was a vote cast for him?—A., Yes, sir. I asked who Jones Powell 
was; whether he was a young man or an old one; and they said they didn’t 
know. 

Cross-examination by Mr. Squires : 

Q. iMr. Holifield, where is the poll book that contains that name?—A. Which 
name? 

Q. The name of Jones Powell?—A. I never have been able to see the poll 
book. 

Q. The one kept by the Republican judge?—A. Yes, sir. 

Q. You kept one?—A. No. 

Q. AVho did keep the poll book for the Republican judge?—A. One or two— 
Lawrence Storey worked part of the time and Jim Dula part of the time. 

Q. Isn’t that in your possession now, and haven’t you seen it since election?— 
A. Yes, sir; I saw it. 

Q. Where is it now?—A., You had it here yesterday. 

Q. This is the one Mr. Hunter Gwynn kept. He kept one.—A. Yes; I think 
their side kept one. 

Q. Are you prepared to say that Jones Powell voted?—A. They called Jones 
Powell, and I asked who he was, and they said they didn’t know. 

Q. Why didn’t you challenge him?—A. I had challenged so nmny that it 
didn’t do any good. 

Q. You are ready to swear that Jones Powell voted?—A. I will swear they 
called Jones Powell’s name. 

Q. Wasn’t it Joe Powell?—A. No; he said Jones Powejl. 

Q. You don’t swear whom he voted for?—A. No; or that he voted at all. 

Q. Now, about Dock Hartley—he was down South, sawmilling?—A. Yes, sir; 
Alabama. 

Q., He was out of the State?—A. Yes, sir. 

Q. Working; same as Mrs. Fuller?—A. I could not say as to that. 

Q. He was working down there?—Yes, sir. 

Q. She was working outside the State?—A. I don’t know where Mrs. Fuller 
was working. 

Q. You don’t know whether Dock Hartley was working?—A.. He told me he 
was. 

Q. If Dock was entitled to vote, Mrs. Fuller was entitled to vote?—A. Dock’s 
family lived there. 

Q. He was there at work?—A. Yes, sir. 

(i. He had property here?—A. Yes, sir; I think he did. 

(^.. Mrs. Fuller had property here?—A. Yes, sir. 

Q. Now, those votes that you cast, how long had you had them in your pes- 
sesslon?—A. I would not say how long. They told me to keep them and see 
that they got in as Republican tickets. 

Q. They were mailed to the registrar in your care?—A. Yes, sir. 



CAMPBELL VS. DOUGHTON. 


559 


And delivered by the post office to you?—A. Yes, sir. 

Q. The registrar had not had them in his possession?—A. No.. 

Q. They were not mailed to him?—A. His name was on them, in my care. 

Q. They were delivered to you?—^A. Yes, sir. 

Q. The registrar got mail at Lenoir post office?—A. Yes, sir. 

Q. They could have been mailed to him?—A., Yes, sir. 

Q. He would have received them almost as quickly as you?—A. Yes, sir. 

Q. You carried them in jmur pocket for some time?—A. Yes, sir; they were 
in iny possession. 

(.^ How long had they been in your i)OSsession?—A. I don’t know. 

Q. A month?—A. I wouldn’t say that long. 

Q. What was your reason for not having them mailed to the registrar?— 
A. We had decided to keep them in our possession as long as possible and see 
they were voted right. 

Q. You could have sent them by registered mail?—A. Yes, sir. 

And you might have written the names on the back?—A. We had had some 
experience with that many years ago. 

(i. You are not a sworn ollicer of the law?—A. No, sir. 

' (}. And the registrar was?—A. Yes, sir. 

Q. Will you bring us that registration book that yoU say you know where it 
is?—A. Yes, sir; if I can find it. 

(J. The poll book, I mean.—A. I know what your man called, whether Jones 
I’owell is on it or not. 

Redirect examination by Mr. Adams : 

(2. You say you delivered some votes to the registrar in this precinct?—A. 
Yes, sir. 

Q. You stated that the registrar did not object to those votes on account of 
nonresidence, or any disqualification except that you had them in your posses¬ 
sion?—A. He said I had had them, or somebody else had had them, in their 
])Ossession and he was not going to vote them. 

(J. He didn’t object on account of their being opened up, or anything?—A. No. 

Q. You delivered them to him sealed? 

Mr. J. H. WAY, a witness introduced by the contestant, being first duly 
affirmed, testified as follows: 

Direct examination by Mr. Adams : 

Q. What is your name?—A. J. H. Way. 

IJ. In what precinct do you live?—A. In Lower Creek. 

Q. Caldwell County?—A. Caldwell County. 

(j. How long have you lived in that precinct?—A. About 12 months now. 

(2. Where did you come from the last time?—A. From Johns River. 

(j. How long have you lived in this county?—A. I have lived in this county 
for about eight years. 

(}. Did you apply to the registrar to register?—A. Yes, sir. 

(,). Did he refuse you?—A. Yes, sir. 

On what grounds did he refuse you?—A. He required a certificate. 

(J. Of what?—A. From my last registration. 

Q. And you had lived in this county eight years?—A. I had lived in this 
county eight years. 

And he refused to register you?—A. Y'es, sir. 

(2. And refused to let you vote?—A. Yes, sir. 

(}. What would you have voted if you had been permitted to vote?—A. The 
Republican ticket. 

Q. Straight Republican ticket?—A. I don’t know whether I would have voted 
straight or not. 

Q. You would have voted for Dr. Campbell, the Republican contestant?—A. I 
suppose so. 

(J. You are able to read and write, I believe?—A. Y’^es, sir. 

(J. You have been a missionary to Korea, I believe?—A. Yes, sir. 

Cross-examination by Gov. Newland : 

Q. Mr. Way, do you know Kelly.IMartin?—A. Yes, sir. 

t^. Y"ou married his sister, didn’t you?—A. Yes, sir. 

(}. I will ask you if you didn’t tell Kelly Martin that the reason that you 
were refused registration was that you declined to take the oath?—A. I told 
him I would never be sworn ; I was willing to affirm. 


560 


CAMPBELL VS. DOUGHTON. 


Q. You were sworn on IMonday ni^lit?—A. I allirmed. 

Q. You told him that was tlie reason that you declined to be sworn, and he 
declined to register you; isn’t that so?—A. No, sir; the clerk was there and 
I told him I would go before the clerk of the court and be affirmed. 

Q, The question is, did you tell Kelly Martin that the reason you didn’t 
vote was due to the fact that you would not take the oath? Answer that yes 
or no.—A. Well, I can’t answer that question. I can’t recall whether I told 
him that or not. 

Q. YT)u know Billy Robb (?)?—A. Yes, sir. 

(i. Did you tell him within the last 24 hours that if you had voted that you 
intended to vote for Mr. Blackwell and Mr. .John Smith and no more?—A. I 
said I didn’t know that I would vote for any but those two. 

Q. So, then, you would not have voted for Dr. Campbell?—A. When I got 
the ticket I might have voted for him, so far as I know. 

Q. Why did you tell Mr. Robb that?—A. That was my intention; to vote 
for those two men. I wasn’t certain whether I would vote for any more. 

Q. Did you tell Mr. Robb that?—A. I did. They were the two men I was 
aiming to vote for. 

Q. And you hadn’t made up your mind to vote for anybody else?—A. Not' 
at tlmt time. If I had registered I might have made up my mind to vote for 
some others. 

Q. l’'ou won’t swear you would have done it?—A. No, sir; I will not. 

Redirect examination by Mr. Adams : 

Q. The fact that you were not permitted to register precluded you from 
even determining how you would vote?—A. Yes, sir. 

Q. And whom you would vote for?—A. Yes, sir. I thought I was entitled 
to vote . 

Recross-examination by Gov. Newland : 

Q. This morning you knew you would not vote for anybody but Blackwell 
and Smith?—A. That was my aim—to vote for those two men. 

Q. And no more?—A. So far as I knew. 

Q. That was your idea this morning?—A. I was aiming to vote for those two 
men if I had registered. 

Q. And you still had that idea this morning?—A. If I had been permitted 
to vote. 

Q. And just those two men?—A. I won’t say for certain whether I would 
have voted for any more or not. 

' Re-redirect examimition by Mr. Adams: 

Q. Those two men that you say you would have voted for; are they Re¬ 
publicans or Democrats?—A. Republicans. 

]\Ir. .1. A. BUSH, Sr., a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Adams : 

(h What is your name?—A. My name is .1. A. Bush. sr. 

(>. AVhere do you live?—A. I live in Lenoir. 

Q. What i)recinct?—A. I was in North Lenoir precinct at the time of the 
election. 

Q. And you were registrar in that precinct for the last general election?—A. 
Yes. sir. 

Q. State whether or not you were present at the polling place upon each 
of the registration days that you were required to be present by law?—A. I 
was. 

Q. And as registrar you registered the voters of that precinct?—A. Y’’es, sir. 

Q. Did you register all of the voters yourself, individuall.v?—A. I think I 
did, sir. 

Q. You think you did; you are not positive as to that?—A. I think I did. 

Q. How, Mr. Bush, did you get the names of the persons on your book that 
were away from there—by card or by certificate, or how?—A. By certificate; 
certificate from the chairman of the board of election. 

Q. How did you get them on the registration book?—A. You mean the 
absentee voters? 

Q. Yes, sir.—A. They were mailed to me. 

Q. The votes were mailed, or the cards?—A. Both were mailed to me. 


CAMPBELL VS. DOUGHTON. 


561 


Q. Wliat I am askinji is—I don’t believe yon nnderstaiul the qnestioii—how 
did yon get the names of those absentee voters on the registration hook who 
lived away from liere? By the certificate of the chairman of the hoard of 
elections? Did the chairman of the hoard of elections of this comity deliver 
to yon a certified list of the persons who had registered before him?—A, Yes,, 
sir; he gave me the names of a good many of them; perhaps all of them; I am 
not certain about that, 

Q. Did yon mark their names on the registration hook as registered before 
the comity hoard of elections—chairman of the comity hoard—or just imt their 
names on the registration hook?—A. I put their names on the registration 
hook. 

Q. Yon didn’t mark before whom they were registered, did yon, on the 
hook?—A. No; I did not. 

Q, How many absentee votes did yon have?—-A. I couldn’t tell exac'tly how 
many. 

Q. Approximately?—A. Thirty or forty, I think. 

Q. Thirty or forty absentee votes? How many of those votes were Democratic 
votes aiid how many were Republican, approximately ; best of your knowledge?— 
A. I expect it would have rim about one-third Republican ; might have been. 

Q. Do yon have those absentee votes or certificates?—A. I have part of 
them, sir. 

Q. Will yon produce them? Yon have them with yon?—A. No, sir. 

Q, Yon didn’t bring them?—A, No, sir. 

Q. Yon didn’t make any return of them?—A. The law don’t require me to 
trar of this county?—A. No, sir. 

Q. You didn’t make any return of them?—A. The law don’t require me to 
do it, and I didn’t do it. 

(h By whom were yon infonned that the law did not require yon to make 
that return?—A. I did not consider T was under any obligation to do it. 

Q. Yon were not instructed to return them?—^A. No, sir; I wasn’t instrncted. 

Q. Were you instrncted not to return them?—A. No, sir. 

Q. Those certificates there—those persons that voted—there was a witness 
as to their signature?—A. I suppose there was. 

Q. Did you open them up yourself?—A. Yes, sir, 

Q, You would not have voted them if they had not been witnessed?—A. They 
came according to law. 

Q. What do yon mean by “according to law’’?—A. They came properly 
filled out and sent here. 

Q. There seems to be some law prescribing how they shall come?—A, Yes, sir. 

Q. And how they are voted?—^A. Yes, sir. 

Q. That depends entirely upon the form in which they come?—A. I sup¬ 
pose so. 

Q. And yon didn’t think it was necessary to keep them to show that they 
were in that form?—A. I have no instructions to do it. But ballots came 
with each one of those certificates. 

Q. What ballots came with them? Did you save those ballots or did you 
put them in the box?—A. I deposited them in the proper places. 

Q. And they are in those ballot boxes?—A. Yes, sir. 

Q. Are those tickets and ballots preserved?—A. Why, they were put back 
in the boxes. 

Q. And they were not returned to the register of deeds?—A. Which? 

Q. The ballots from that precinct? None of the ballots from that precinct 
were returned to the registrar?—A. We put them back in the boxes where 
they were voted. 

Q. Was the box sealed up or just set back?—A. I guess just set back. 

Q. And you say you have some of those certificates, absentee certificates, 
and some you haven’t?—A. Yes, sir. I haven’t got the Republican ones. By 
some means or other they got away from me; I don’t know how. 

Q. Envelopes and certificates?—A. Yes, sir. 

Q. Were they voted there that day?—A. Yes, sir. 

Q. But you have the Democratic ones?—A. I have some of them, I think.. 

Q. Then if we should want a recount we would not have much evidence' as 
to those absentee votes, would we?—A. I don’t know what evidence you would 
want. 

Q. As to the certificates and envelopes and how they voted?—A. I suppose 
the certificates would show how they voted. 


57695^21 


86 



562 


CAMPBELL VS. DOUGHTON. 


Q. You say about two-thirds Democratic and one-tliird Republican? A. I 
suppose there was. I couldn’t tell about that. 

Q. Mr. Bush, it keeps coming up here, some evidence of a card in registration. 
Will you explain what the use of that card was for the benefit of the record 
and us as well?—A. Why, no, sir; I don’t know exactly what the use of it was. 

(}. Did they have a card to use?—A. Yes, sir. 

Q. And had the people to put their names down on that card?—A. Y^es, sir. 

(2. And then bring that card to you?—A. Yes, sir; .some of them did. 

Q. And you registered them when they brought that card to you with their 
name on it; you would take their names and put them on the registration 
book?—A. Y^es, sir. 

Q. Then those people would not appear before you until election day-A. I 

swore the new registration- 

Q. What I am after is this; I want to know if those cards were sent out— 
you don’t mean to state tliat those cards were carried from place to place for 
people to sign on?—A. No; I don’t think they did. Whenever they came in 
my care, when they came to register, I put their names on the card. 

(}. What was the pur])ose of the card?—A. For them to sign their names or 
have their names put on it. 

Q. You don’t know which?—A. No. 

Q. What did the card say on it? What kind of blank—how did it read?—A. 
I don’t remember. 

(,F As a matter of fact, if you wanted to register a person, and know whether 
he could read and write, you could let him write on any kind of a paper?— 
A. Y^es, sir. 

Q. No oath w'as prescribed on this card, was there?—A. No, sir. 

Q. Was that card in general use throughout this county?—A. I think it was. 

Q. For whatever purpose it was, it was in general use?—A. For the election. 

Q. Was it a post card or blank card?—A. Blank card; for election purposes. 

Q. Just a convenience in this county?—A. Yes, sir. 

Q. Not prescribed by law?—A. Oh, no, sir. 

Q. What convenience did it serve?—A. I suppose if they didn't have tlu' 
election book, they could take down the party’s name on the card; and if the 
registrar did not get the names and somebody else had the card, he could take 
the names and bring them in. 

Q. That is the only convenience it would serve?—A. Likely it is; I couldn’t 
say. 

Q. It is not a pre.scribed card by any form of law, or do you know?—A. 1 
don’t know that it is, 

Q. You never saw one of those cards in use anywhere else?—A. No, sir. 

Q. You never saw such cards used in this county before, did you?—A. No. 

Q, You know of no reason for their use if it was not for the use of peoi)le 
to nut ilicMi- names on to be carried in by other people?—A. I don’t know that 
is the use. 

Q. You don’t know any other use that could be made of if?—A. No; I don’t 
know as 1 do. 

Q, Y’^ou say it was in general use throughout the county?—A. I suppose it 
was. 

Q. That is your information?—A. Yes, sir. 

Q. You were the registrar of the north ward, I believe—North Lenoir?— 
A. Yes, sir. 

Q. I believe you stated you received a certified list from the chairman of the 
board of elections as to the absentee registrations?—A, I think I did. 

Q. You are not positive?—A. No, sir, 

Q. You put their names on the book?—A. Y’^es, sir. 

Q, And you didn’t have marked opposite their names “ Registered by tbe 
chairman of the board of elections”?—A, No, sir. 

Q. Do you know how many names you got that way?—A. No, sir; I don't. 

{}. Anyway, a good many of them?—A. A good many of them. 

Q. As many as 15'?—A. There might have been. 

Q. As many as 20?—A. I don’t know. I never kept any count of them. 

Q. Possibly 15'or 20?—A. Yes; and there might have been more than that. 

l\Ir. Adams. 1 read into the record a portion of section .5961 of the election 
law: “ Registration of voters expecting to be absent during registration 
period: ♦ * * And it shall be the duty of the registrar in every set pr('- 

cinct to enter upon the registration book of such precinct the names of such 
electors so certified to him by the chairman of the county board of elections, 
marking opposite the names of such electors the words ‘ registered before 




CAMPBELL VS. DOUGHTON. 


663 


chairman, county board of elections ’; and electors so registered shall be en¬ 
titled to vote in any election in such precinct in the same manner as if regis¬ 
tered by the precinct registrar.” 

Cross-examination by Gov. Newland : 

Q. INIr. Bush, you say that about one-third of the absentee votes cast were 
Ilepublican and about two-thirds Democrat?—A. I think that is about right. 

Q. Did those votes, or any of them, have the name of the person for whom 
they were cast written on the margin or back of them—the ballots?—A. There 
was one. 

(}. Do you remember who that was?—A. Yes, sir. 

Q. Who?—A. A. K. iMoore. And it was not voted. 

Q- Why?—A. Because he was not registered. 

Q. So, then, no absentee l)allots that were voted had the name of the voter 
on the back of them?—A. No, sir, 

(}. Speaking of those cards; those cards you said were kept in your pos¬ 
session?—A. I had the cards. 

Q. And when a i)erson came to i-egister, you filled out the card and had them 
to sign it, or signed it for them, and then put them on your registration book?— 
A. They went on the registration book. 

Q. You swore them on the cards?—A. Yes, sir; that is, all new registrants. 

Q. Those that were on you didn’t have to swear? All of them were down.'— 
A. Yes, sir. 

Q. And those cards contained the names of the voter, didn’t they?—A. 
YeS, sir. 

Q, A place to tell whether they were white or colored?—A. Yes, sir. 

Q. And the age?—A. Yes, sir. 

Q. And residence?—A. Yes, sir. 

Q. And date of registration?—A, Yes, sir. 

Q, And date of birth?—A, Yes, sir. 

Q. And whether male or female?—A. Yes, sir. 

Q. And those places were filled out, and either signed by you or them, and 
then sworn to, and you transferred the name to the book?—A. Yes, sir. 

Q. Those same questions are asked on the regular registration book?—A. 
Yes, sir. 

Q. Now, did you let any Ilepublican vote that day that was not registered; 
and, if so, why?—A. Yes, sir; I did. 

Q. Who?—A. Mrs. Cruse was one. 

Q. How came you to let her vote?—A. Well, she trotted backward and for¬ 
ward from one precinct to another and insisted that she had a right to vote, 
and finally I agreed that she might vote. 

Q. You registered her and voted her?—A. She claimed to have been registered 
in the wrong precinct by mistake. 

Q. And you considered her a qualified voter—that is, if she was registered— 
and you let her vote?—A. l"es, sir. I don’t know how many times she went 
from one precinct to another, d’he registrar from Lower Creek precinct came 
and told me he had registered her through a mistake. 

Q. And you let her vote in your precinct?—A. Yes, sir. 

Q. Was she a resident of your precinct at that time?—A. Yes, sir. 

Q. What is your age?—A. I am 79 years old. 

Q. How long have you been connected with the political affairs of Caldwell 
County?—A. Why, ever since the war. 

Q. How long have you been registrar in Caldwell County—how many years?— 
A. I have been registrar in Lenoir i)recinct for about 12 years. 

(y Mr. Bush, I will ask you, during that entire time of 12 years that you 
have acted as registrar for Lenoir precinct, have you ever seen a fairer elec¬ 
tion held in Caldwell County, on the part of the Democrats?—A. I never did. 
I never have seen a fairer election held. 

Redirect examination by Mr. Adams : 

Q. Mr. Bush, they asked you on cross-examination as to the questions that 
appeared on this card, and, I believe, you also stated in reply that the same 
questions that appeared on this card were on the registration book?—A. About 
the same questions. 

Q. I believe you also stated that you kept those cards in your possession?— 
A. Yes, sir. 

Q You were the registrar of the precinct?—A. Yes, sir. 


564 


CAMPBELL VS. DOUGHTON. 


Q. And had tlie registration book?—A. Yes, sir. 

Q. Were yon instructed to keep those cards with you?—A. Why, I don’t know 
that I was. 

Q. Then, Mr. Bush, as a matter of fact, if you were the registrar and cus¬ 
todian of the registration hook, and it had on it all those questions which are 
according to law, what was the purpose and use of your having those cards?— 
A. Why, sir, I suppose it was for tlie convenience of the registrar? 

Q. What convenience were they to serve?—A. Relieve him of the trouble of 
carrying the registration book around, or toting it about. 

Q. You carried those cards around in place of the registration book?—^A. 
Sometimes; yes, sir. 

Q. And. that was the general use of it in this county?—A. I suppose it was. 

Q. You suppose it was. As a matter of fact—I know you are a fair man— 
an old Confederate soldier—it is your general information that they were to 
be used for that purpose?—A. They vere intended—yes, sir; I reckon they 
were. 

Recross-examination by Gov. Newland : 

Q. You tilled out those cards and swore the voter, and then you transferred 
them to your books?—A. Yes, sir. 

Q. And it was for a matter of convenience?—^A. Yes, sir. 

Q. The same questions were asked and the same oath taken, and you would 
then transfer them to the book?—A. Yes, sir; I always kept the book with me 
when I was required to be at the polling place. I was not there a single day 
without the registration book. Another reason, you could always ask the man 
to write his name; test his ability to read and write. 

Q. And in your official acts, I will ask you if you didn’t treat everybody 
alike?—A. As near as I could. 

Q. On your book, IMr. Bush, does there appear a single name that you didn’t 
put on yourself, or at the dictation of the board of county elections—absen¬ 
tees?—^A. No, sir. 

Re-redirect examination by Mr. Adams : 

Q. Did you send out any of those cards to any voters of your precinct?—A. 
No, sir. 

Q. You kept them in your possession yourself? Did any of those people sign 
upon those cards?—A. Some of them. 

Q. When they came before you?—^A. Yes, sir. 

Q. They did not all sign on those cards?—A. No; some of them would have 
me to write their names, if they could not write their own names, or if they 
just asked me to write for them. In the first place, we started to register 
everybody. Until we got further instructions. 

Q. What was that further instructions?—A. Not to register those who couldn’t 
read and write; to follow the law, you know, in regard to that matter. 

Q. Then, some of them you had to sign, and some you didn’t have to sign?— 
Yes, sir. 

Mr. BOYDEN HARTLEY, a witness introduced by the contestant, being first 
duly sworn, testifies as follows: 

Direct examination by Mr. Adams : 

Q. Your name is?—A. Boyden Hartley. 

Q. What is your age?—A. Forty-two years of age. 

Q. How long have you been in this county?—A. Been here about a year and 
four months. 

Q. From what State did you come?—A. Idaho. 

Q. You haven’t been in this State two years?—A. No, sir. 

Q. Did you register and vote in the last election?—A. Yes, sir. 

Q. And what ticket did you vote? 

Mr. Squires. Contestee objects. 

A. Democratic ticket. 

Q. How were you registered. Mr. Hartley?—A. Well, sir, INIr. Cal Moore took 
my name down on a card and the registration man wasn’t in, and he said lie 
would take it up to the registrar himself. 

Q. Who is Cal INIoore?—A. (derk of the superior court. 

Q. Who did you say took this card and carried it up?—A. Cal Moore. 

Q. Is he the clerk of the superior court of this county?—A. Yes, sir. 

Q. He wasn’t registrar of that precinct?—A. No, sir. 


CAMPBELL VS. DOUGHTON. 


565 


Q. He didn’t swear you, did he?—A. No, sir. 

Q. And you say you haven’t lived in this State two years?—A. No, sir. 

Q. Did they tell you they could vote you?—A. Yes, sir. 

Q. And that it would be all right?—A. Yes, sir. 

Cross-examination by Mr. Squip.es : 

Q. You were born and raisetl in this county?—A. Yes, sir. 

Q. How long had you been gone from the State?—A. At the time I got back, 
nearly two years. 

Q. Just been out there working?—A. Well, that is my home, out there. 

Q. You applied to vote? You told him you wanted to vote?—A. Well, no, sir; 
I didn’t tell him I wanted to vote. 

Q. And you voted and knew you hadn’t been in the State two years.—A. 
Yes, sir. 

Mr. O. J. CORPENING, a witness introduced by the contestant, being first 
duly sworn, testifies as follows: 

Direct examination by Mr. Adams: 

Q. What is your name?—A. O. J. Corpening. 

Q. Where do you live?—A. Granite Falls. 

Q. Are you a practicing physician there?—A. Yes, sir. 

Q. Did you receive through the mail, prior to the election, a certain circular, 
with President-elect Harding’s picture, surrounded by Negro candidates, as a 
campaign circular here in this county?—A. I received a picture; I don’t remem¬ 
ber the persons on it. There were other persons on it. 

Q. Where was it mailed?—A. I didn’t notice anything about that. 

Q. Have you got the picture?—A. No, sir. 

Q. What precinct are you from?—A. Lovelady. 

Q. Was there any return address on this envelope that came to you?—A. I 
never noticed anything about it; just opened up the circular. 

Q. It came to you?—A. Yes, sir. 

Cross-examination by Mr. Squikes : 

Q. It never had any infiuence on you, did it?—A. No, sir. 

Q. It never bothered you?—A. I just had it in my office. 

Redirect examination by Mr. Adams : 

Q. Did you carry the picture around with you yourself and show it to any¬ 
body?—A. I showed it to probably some few. I didn’t make any special trips. 

Q. Your politics is what?—A. Why, for the last while, I have been a Democrat. 

]VIr. W. T. SHERRH.lL, a witness introduced by the contestant, being first 
duly sworn, testified as follows: 

Direct examination by Mr. Adams : 

Q. Your name is what?—A. W. T. Sherrill. 

Q. Where do you live?—A. I live in Lovelady Township. 

Q. Caldwell County?—A. Yes, sir. 

Q. Did you see or receive a certain circular of Harding, surrounded by 
certain Negroes, as running mates in the campaign of 1920?—A. Yes, sir. 

Q. Where did you get the picture?—A. I got it through a lady friend down at 
the depot. , 

Q. What is her name?—A. Miss McAfee. 

Q. What is her politics?—A. She is a Democrat. 

Q. What did you do with it?—A. Well, I showed it to a few folks around 
there. I showed it to some Republicans that I knew would vote flepublican 
no difference how many they saw. 

Q. You didn’t expect to influence them?—A. No; that wasn’t my intention. 

Q. Did you show it to any you didn’t know would vote the Republican 
ticket?—A. No, sir. 

Q. Mr. Sherrill, what was the purpose of showing it to those Republicans?— 
A. My purpose was really just for the fun of the thing. 

Q. Kind of intimidate them?—A. Just the fun of the thing. 

Q. How many people did* you show this picture to, Mr. Sherrill—approxi¬ 
mately?—A. Oh, about flve, I think; four or five. 

Q. Did this lady from whom you got this picture have some more pictures 
of the same kind?—A. I don’t know, sir; I didn’t see any. 


566 


CAMPBELL VS. DOUGHTON. 


Q. Did you hear it talked pretty generally in this county? ^Vas the picture 
the subject of much discussion?—A. I didn’t hear it so much. 

Q. How many days before the election did you get the picture?—A. Some four 
or five days. 

Q. Had there been some here in the county before that time?—A. Not that I 
know of. 

Cross-examination by Mr. Squires : 

Q. It didn’t have any effect on the vote of Lovelady?—A. Not a bit in this 
world that I could tell. 

Q. The Republican majority was increased?—A. Yes, sir. 

Q. You don’t know whether the statements or representations on the poster 
were true or untrue?—A. No; I don’t know anything about that. 

Q. You don’t know whether they were purported to be running mates?—A. No, 
sir; I don’t know a thing about that. 

Redirect examination by Mr. Adams : 

Q. Did you have any discussion down there with those Republicans about this 
picture?—A. Yes; a little. 

Q. Did it cause any feeling there?—A. Not that I ever knew of. 

Q. Well, what remarks did you make to those Republicans about it, if you re¬ 
member?—A. Well, the first one I talked to was Mr. Russell in the store. I went 
back there with it and showed it to him. We talked and went on about it and 
that was about all there was to it. And then, the other was, I showed it to Mr. 
Lee M. Cline. 

Q. The first one you went to was who?—A. Russell. 

Q. Did it make him mad?—A. I don’t think so. He didn’t act that way. 

Q. Did you have a little heated discussion about that picture with Mr. Rus¬ 
sell?—A. Not then, ' 

Q, Did you afterM ards?—A. Yes, sir. I don’t know about the picture, but he 
took exception to something I said in there to Mr, Russell’s wife. 

Q. What was it he took exception to?—A. He said I had been going in there 
and throwing up the Negro to them, one way and another, me and two or three 
others. One or two other ladies just happened to be in there at the time, but 
it was all through a joke, as I took it. But he got a little ruffled at me. 

Q. The effect of this picture was to make some bitterness?—A, It may have; I 
don’t know. 

Q. The only use the picture could be used for was to cause feeling among 
Republicans, or to make them stay away and not vote? 

Mr. Squires. Contestee objects as leading, 

A. Well, I don’t know, sir. I wasn’t out campaigning with the thing myself. 

Recross-examination by Mr. Squires : 

Q. The only people you showed it to were people whose votes you could not 
change?—A. Certainly. I showed it to more Democrats than Republicans. 

Q. And the Republican majority was increased in Lovelady?—A. Sure. 

Q. It didn’t change a vote, one way or the other?—A. I don’t know, sir. I 
don’t think so. Made them stronger. 

Q. Mr. Doughton had nothing to do with that picture?—A. I don’t think he 
did. 

Q. You got it from Miss McAfee?—A. Yes, sir. 

Re-redirect examination by Mr. Adams : 

Q. Your politics is Democratic?—A. Yes, sir. 

Q. And you got the pictures from a Democrat?—A. Yes, sir. 

Mr. HOLIFIELD, a witness previously introduced, being recalled, testified as 
follows: 

Direct examination by Mr. Adams : 

Q. Did a Mr. T. A. Forman vote in Lower Creek?—A, Yes, sir. 

Q. Absentee?—A. Yes, sir. 

Q. Did he live in this town at that time?—A. I suppose he did. 

Q. Working with Efird’s at that time?—A. Yes, sir. 

Q. Do you know what date he came to Lenoir?—A. I looked up in the record 
this morning. 

Q. What date does it show he came to the town?—A. May 5, 1920, from 
Winston-Salem. 

Q. Does he live here now?—A. No, sir; he has moved away. 


CAMPBELL VS. DOUGHTON. 


567 


Q. Did his wife vote here also?—A. I don’t think so. 

Cross-examination by Mr. Squikes : 

Q. Don’t you know he was married on election day?—A. I don’t know. 

Q. Married Nancy Weeks?—A. Yes, sir. 

Q. And the reason he was not here to vote was because he had gone off to 
get married?—A. I think so. 

Q. You are not trying to convey the impression that he left the county for good 
on election day?—A. No. 

Q. He never left the county as a citizen until last week?—A. No. 

Q. When he was made manager at Salisbury. Y^ou don’t know when he came 
here?—A. Nothing only just what I saw in the record. 

Mr. CLEVE HOLSCI.AW, a witness introduced by the contestant, being first 
duly sworn, testifies as follows : 

Direct examination by Mr. Adams : 

Q. Your name is what?—A. Cl eve Holsclaw. 

Q. Where do you live?—A. Little River Township. 

Q. Caldwell County?—A. Yes, sir. 

Q. Were you in the recent war?—A. Yes, sir. 

Q. As a soldier?—A. Yes, sir. . 

Q. And sent from this country?—A. Yes, sir. 

Q. Did you pay your poll tax for 1919 in this county?—A. Yes, sir. 

Q. Were you refused registration by the registrar?—A. Yes, sir. 

Q. And didn’t get to vote in the 1920 election?—A. Yes, sir. 

Cross-examination by Mr. Squires: 

Q. How long had you been back in the county before election?—A. Before 
election ? 

Q. Y'es, sir.—A. I came hack from the Army two years ago the 25th day of 
this month. 

Q. Where did you go then?—A. I stayed at home; been at home all the time. 

Q. And you say you have been back two years?—A. Soon will be two years; 
the 25th day of this month. 

Q. That would make you come back the 25th day of March, 1919. Is that 
right?—A. Yes, sir; two years. 

Q. Well, you didn’t give in your tax in 1919 until the 1st of May, did you?— 
A. The 1st of May ? 

Q. Yes, sir.—A. I’^es, sir. 

Q. You never did give in your tax for the year 1919, did you?—A. Well, if I 
didn’t, my mother gave them in. 

g. Do you know that she did ?—A. I suppose she did. 

Q. And you have been back from the Army two years on the 25th day of 
March, this year?—A. Yes, sir. 

Q. And you haven’t got a poll-tax receipt?—A. I have got one at home for 
last year. 

Q. For 1920?—A. For last year. 

Redirect examination by Mr. Adams : 

Q. You say you haven’t been out of the county since you have been home 
from the Army?—A. No, sir. 

Q. Did you pay your poll tax for the year 1919—the year you came back?— 
A. Yes, sir. 

Q. Have you got a receipt at home for that also?—A. I suppose so. 

Recross-examination by Mr. Squires : 

Q. Will you please go down to the sheriff’s office and bring up the list of 
unpaid poll tax—you don’t swear you paid your poll tax for 1919?—A. Not 
solemnly. 

Q. Can you read and write any section of the Constitution? 

Mr. CUB HOLSCLAW, a witness introduced by the contestant, being first 
duly sworn, testified as follows: 

Direct examination by Mr. Adams : 

Q. What is your name?—A. Cub Holsclaw. 

Q. What precinct do you live in?—A. Tattle River Township. 

Q. Were you in the recent war as a soldier?—A. Yes, sir. 


568 


CAMPBELL VS. DOCGHTON. 

* 


Q. Were you refused registration?—A. Yes, sir. 

Q. To vote in 1920?—A. Yes. sir. 

Q. What is your politics?—A. Republican. 

Q. t)id you pay your poll tax for 1919; or do you know?—A. I don’t know. 

You have paid your poll tax since you have been back?—A. Yes, sir. I 
am not positive as to the year. 

Cross-examination by Mr. Squires ; 

Q. Can you read and write any section of the Constitution in the English 
lynguage?—A. No, sir. 

Mr. H. C. WHISNANT, a witness introduced by the contestant, being first 
duly sworn, testified as follows: 

Direct examination by Mr. Adams : 

Q. What is your name?—A. H. C. Whisnant. 

Q. Where do you live?—A. Granite Falls. 

Q. Are you a voter in that precinct down there?—A. Yes, sir. 

Q. What is the name of the precinct?—A. Lovelady. 

Q. Did you go in person with D. M. Cline and make a demand upon the reg¬ 
istrar for^a copy of the registration book?—A. There was a misunderstanding. 
I wasn’t with him that night. It was another time I had a talk with the reg¬ 
istrar. 

Q. What talk did you have with the registrar?—A. I think it was on chal¬ 
lenge day, I believe they call it. I said something to him about us getting the 
names off and he said we could look at the books but couldn’t copy them. 
And the'argument went on, and I asked him why we wasn’t getting a sipiare 
deal, and he said if we would pay him, like the Democrats did, he would work 
for us, too. We was talking about him going around nights and other times, 
registering Democrats. 

Q. Did he go from house to house registering Democrats?—A. I can not swear 
that. 

Q. Did he say he got pay for going around registering Democrats?—A. Yes, 
sir. 

Q. And said if you Republicans would make up money and paj’ him. he would 
treat you the same way?—A. Said he would do the same thing for us. 

(}. That is, he would do both of those if you would pay him?—A. Yes, sir. 

Cross-examination by Mr. Squires : 

. Q, Did you ask for a copy of the registration books or poll books?—A. The 
registration books. Wanted to find out who had paid their i)oll and who hadn’t. 

Q. You wanted the list of names?—A. Yes, sir; the total registration. 

Q. Do you Iviiow whether he was required by law to give you a copy?—A. No, 
sir ; I don’t. 

(y And lie said if you would piiy him he would give you a copy?—A. Yes, sir. 

(h He would make a copy for you?—A. Yes, sir. 

Redirect examination by IMr. Adams : 

Q. He also said if you would pay him, he would go around and register Re¬ 
publicans?—A. We were talking about both at the same time. 

Recross-examination by IMr. Squires: 

Q. You don't know whether he went out to register people?—A. He made fre¬ 
quent trills out. 

Q. Do you know whether he registered any Repulilicans away from the poll¬ 
ing place?—A. I never hear tell of it. 

(). You won’t swear that he did not?—A. No. sir; I won’t. 

(The hearing adjourns until 2.80 ji. m., at which time the hearing is resumed 
and the following proceedings are had:) 

Miss DOROTHY (’HESTER, a witness inlroduci'd by the contestant, being 
first duly sworn, testified as follows: 

Direct examination by Mr. Adams : ' 

Q. What is your name?—A. Dorothy Chester. 

(I Where do you live?—A. Lower (jreek Township. 

(». Did you apply to the registrar to register?—A. Yes, sir. 

Did he register you?—A. Yes, sir. 

Q. Did lie put your name on the book?—A. No, sir. 


I 


CAMPBELL VS. HOUGHTON. 


569 


Q. And then did yon Mi)i)ly for vote on election day?—A. No, sir. 

Q. Did yon ^o to vote?—A. Yes, sir. 

Q. Did they let yon vote?—A. No, sir. 

Q. Did they liave yonr name on the hook?—A. No. sir. 

(}. Yon are a Kei)nhlican hy i)olitlcs?—A. Yes, sir. 

Ci'oss-exaniination ])y IMr. Squtkes ; 

Q. Were yon asked to read any section of the Constitution?—A. No, sir. 

Q. Can yon read any section of the Constitution?—A. No, sir. 

Q. Can yon write any section of the Constitution?—A. Yes, sir. 

Q. Yon can write any section of the Constitution?—A. Yes, sir; I can read 
and write. 

Q. Yon can read and write any i)art of the Constitntion?—A. Yes, sir. 

Q. Read that for ns, please [hands witness bookl. 

(Contestant objects.) 

(to ahead and read it. 

(No answer.) 

Q. I ask yon to read that section at the top of the pajje. 

Mr. Adams. Yon don’t have to read it. 

Q. Have yon .2:ot any oldectinii to reading: that part of it? Will yon read it? 
Answer “Yes” or “No.” Will yon read that?—A. No. 

Q. WTiy? Look at me. Why won’t yon ivad or write?—A. I can’t. 

Redirect examination by Mr. Adams ; 

Q. You testified that the leai.strar ])nt yonr name on the hook?—A. Yes, sir; 
and I have j?ot witnesses to i)rove it. 

Q. In court?—A. Yes, sir. 

Q. Did yon do all that he asked yon to do?—A. Yes, sir. 

Recros.s-examination hy Mr. Squikes : 

Q. Didn’t he tell you that he didn’t register you because yon couldn’t read or 
write on election day? Didn’t he tell yon that on election day? I ask yon if 
the registrar didn’t tell yon on election day that you were not registered because 
yon couldn’t read or write?—A. No, sir; he said he couldn’t find my name. I 
wrote it on a card. 

Q. Y’^onrself?—A. Yes, sir. 

Q. Y'on can write yonr name, but can’t write the Constitntion, is that it? 
What is the Constitution? 

(Contestant objects.) 

Q. Wliat is the Constitntion? Yon can’t answer, can yon?—A. No. 

Mrs. A(dGIIi; MC'iORE, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Adams: 

Q. What is yonr name?—A. Aggie Moore. 

Q. What township are yon from?—A. Lenoir Township. 

Q. Who is the registrar in that precinct, do yon know?—A. Mr. Bush. 

(}. Did yon appl.v to him to register?—A. Yes, sir. 

Q. Did iie ])nt yonr name on a card or hook?—A. I j)nt my name, hut that is 
all I did. 

Q. On the card?—A. Yes, sir. 

Q, Is that all he asked yon to do?— rA. Yes. sir. 

Q. He put yon under oath?—A. Yes, sir. 

Q. And then did yon appl.^ to vote on election day?—A. I wasn’t there. 

Q. Did yon vote at all on election day?—A. No, sir. 

(}. Did yon authorize anybody to put any vote in for you?—A. No, sir. 

(}. Did yon authorize anybody to cast an absentee vote for yon?—A. No, sir. 

Cross-examination by Mr. Squires : 

Q. Did anybody come to yonr house for the purpose of getting yonr name?— 
A, No, sir. 

(^. Yon didn’t sign any paper?—A. No, sir. 

Q. You didn't make any affidavit?—A. No, sir. 

Q. Yon don’t know whether your name was on the book or not?—A. No, sir. 

(J. Yon don’t know whether any vote was cast?—A. No, sir. 

Q. Can you read and write any section of the Constitntion?—A. No, sir. 


570 


CAMPBELL VS. DOUGHTON. 


lledirect examination by Mr. Adams : 

Q. If there was a Democratic absentee vote cast for you on election day, you 
didn’t know anything about it?—A. No, sir. 

Kecross-exainination by Mr. Squires : 

Q. Whose wife are you?—A. Miles Moore. 

Miss EDNA HOLMAN, a witness introduced by the contestant, being first 
duly sworn, testified as follows: 

Direct examination by Mr. Adams : 

Q. What is your name?—A. Edna Holman. 

(^. Where do you live?—A. In Lower Creek Township. 

Q. AVho is the registrar in that ward?—A. Mr. Presnell. 

(}. Did you apply to him to register?—A. Yes, sir. 

Q. Did you sign a card, or did he put your name on the book?—A. I signed a 
card. 

Q. Did he put you on oath?—A. Yes, sir. 

Q. Did he ask you to do any writing other than sign your name?—A. No, sir. 
Q. Did he ask you to read any part of the Constitution?—A. No, sir. 

Q. Did you go to vote on election day?—A. Yes, sir. 

(2. Was your name on the book?—A. No, sir. 

Q. They didn’t let you vote?—A. No, sir. 

Q. You are a Keimhlican by politics?—A. Yes, sir. 

Cross-examination by Mr. Squires : 

Q. Who would you have voted for for President?—A. Harding. 

Q. Who were the electors on that ticket? 

(No answer.) 

(^. Whom would you have voted for for governor? 

(No answer.) 

Q. Whom would you have voted for for governor had you voteil? You don’t 
know? 

(No answer.) 

Q. Whom would you have voted for for Congress? You don’t know? You 
mean to say you don’t know?—A. Yes, sir. 

Can you read and write any section of the Constitution in the English 
language?—A. Yes, sir. 

Q. Will you read this section at the top of the page for us [hands witness 
book] ?—A. No. 

Q. You will not? Why? Yon can’t?—A. Yes, sir. 

Q. Why won’t you do it? 

(No answer.) 

Q. You don’t know how you would have voted? You don’t know whom you 
would have voted for for Congress? 

(No answer.) 

Redirect examination by Mr. Adams: 

Q. Did you state you would have voted the Republican ticket?—A. Yes, sir. 
Recross-examination by Mr. Squires: 

Q. I want you to state out loud, now, why you won’t read this section for us.— 
A. I don’t have to. 

Q. Can you read any section of it?—A. Yes, sir. 

(i. Will you take this piece of paper and write it off if this lady will read 
it to you?—A. No, sir. 

Q. Why not?—A. I don’t need to. 

Q. How old are you?—A. Twenty-four. 

Mr. E. H. SMITH, a witness'introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Adams : 

Q. What is your name?—A. Ephraim H. Smith. 

Q. Where do you live?—A. In Lenoir Township? 

Q. In what precinct do you live?—A. Lenoir Township; North Lenoir. 

Q. Were you a judge of election at the last election, November 2, 1920?—A. 
Yes, sir. 


CAMPBELL VS. DOUGHTON. 


571 


Q. In what precinct?—A. North Lenoir. 

Q. \\ MS tliere an absentee vote pnt in there for Ap:sie Moore that dav?—A. 
Yes, sir. 

Q. M as it a Democratic vote?—A. I think s*o. I will see [refers to ineino- 
randnin]. Yes, sir; Democratic vote. 

C^. Have yon got that marked there as to how they voted?—A. Yes, sir. 

Q. She appears there as voting a Democratic ticket?—A. Yes, sir. 

Q. Now, Mr. Smith, aljout how many absentee votes were voted there that 
day?—A. About five or six. 

Q. Republicans or Democrats?—A. Republicans*. 

Q. About how many Democrats?—A. About 54; right about 60 votes. 

Q. Sixty absentee votes?—A. Yes. sir. 

Q. Do you know ]Miss Margaret Martin?—A. I didn't election day. 

Q. Did she vote there election day?—A. Yes, sir. 

Q. In person?—A. Yes, s*ir. 

Q. Do you know how long she has been in the county?—A. I do not. A ques¬ 
tion was raised about it. 

Q. Is she a school teacher here?—A. That is what they said. 

Q. In the graded schools?—A. Yes, sir. 

Q, Had she taught here before this .vear?—A. Not that I know of. 

Q. School starts about September 1?—A. Yes; I think so. 

Q. Did she vote the Democratic ticket? 

Cross-examination by IMr. Wakefield : 

Q. iNIr. Smith, Miss Margaret Martin's name was afterwards taken off the 
registration book and her ticket taken out and not counted?—A. No, sir; not 
that I know of. 

Q. Did .vou have her ticket?—A. Yes, sir. I put the national tickets in. 

Q. Do you know how she voted in all the boxes?—A. No, I don’t, personally. 

Q. What did you state .lust now on direct examination? Didn’t you state she 
voted the Democratic ticket?—A. Yes, sir. 

Q. Ui)on reflection, don’t you know that you don’t know how she voted except 
the national ticket?—A. I would not swear-that; I never saw all the tickets. 

Q. About IMrs. Moore; what do you know about that?—A. I noticed one ticket. 
I stood behind Mr. Bush and he opened the tickets and called them out and I 
took one ticket and looked at it to see whether it was Democratic or Republican, 
and Mr. A. V. Miller stood behind me to take the name and marked it Demo¬ 
cratic or Republican. 

Q. You sa.v Mrs. IMoore voted—a ticket was voted for her?—A. The ticket I 
had was Democratic. 

Q. Was that her ticket?—A. Yes, sir. 

Q. Do you know that of your own knowledge?—A. Yes, sir. 

Q. Did you testify that that was the ticket that was deposited with the regis¬ 
trar by Mrs. JMoore?—A. No; I don’t swear to that. 

Q. I want to ask you where you got that list you have there?—A. We made it. 

Q. “We”—who?—A. Mr. Bush called the name.s, opened the ticket and 
called the name of the voter, and I took one ticket and looked at it to see 
whether it was Democratic or Republican, and IMr. Miller stood behind me and 
took the names as Mr. Bush called them; he took the names and If called 
whether it was Democratic or Republican. 

Q. Whose ticket was that?—A. Aggie Moore’s. 

Q. You didn’t make that list at that time?—A. Yes, sir. 

Q. How many names have you got on that list?—A. Sixty. 

Q. Who made it?—A. Miller took the names. 

Q. You didn’t make it?—A. I called it and he stood ri.ght behind me. I had 
him to take it. 

Q. Have you got a typewritten list?—A. This is the original here. 

Q. That was made from another list?—A. This is not the original. 

Q. You said it was the original list.—A. No; it is not. 

Q. Where did you get that?—A. We made the original. 

Q. Who made that list you have got in your hand?—A. Van Miller and 

myself. 

Q. What was it taken from?—A. The vote. 

Q. What vote?—A. Absentee vote. 

Q. Who took down the list of absentee votes?—A. Van Miller. 

Q. Didn’t his boy do it?—A. No, sir. 

Q. You made that list from that list?—A. No. 

Q. Then you don’t know where that list came from?—A. Yes, sir. 


572 


CAMPBELL VS. DOUGHTON. 


Q. You don’t know that that is a correct list of the voters made there that 
day, do you, Mr. Smith?—A. Well, I suppose it is. 

Q. I am not talkinjr about sup])ositions. You are on oath. Is that a copy 
of that list?—A. Well, I would say so, to the best of my knowledge and beief. 

Q. Did you see it made?—A. I never saw this copy; no, sir. 

Q. Then you can’t swear that is a correct list of the other list?—A. No; 1 
would not swear positively. 

Q. Now, you say -that you didn’t know that Miss Margaret Martin’s name 
was taken off and her name stricken out?—A. Who took it off? 

Q, I am asking you. If it was taken off you don’t know it?—A, No, sir. 

Q. Do you know Mrs. - Cruse?—A. Yes,"sir. 

Q. You were one of the judges?—A. Yes, sir. 

Q. I want to ask you if she was registered when she came over there?—A. No. 

Q. And after coming over there, at several different times, and after conver¬ 
sation between you, as one of the judges, and Mr. Bush, as registrar, and Tom 
Wakefield, as the other judge, and Mrs. Cruse and the man that came there 
with her, I ask you if you didn’t allow her to register and vote?—A. I didn’t 
say a word about it, sir. I didn’t tell her to vote or not to vote. 

Q. Do you say you stood there and didn’t say a word?—A. I don’t know as 
I did. Mr. Wakefield went off and sat down ; he would not have anything to do 
with it. 

Q. Wakefield said nothing?—A. He finally got up; didn’t say anything. 

Q. How did she come to he allowed to register and vote?—A. INIr. Bush let her 
vote. 

(}. Didn’t you agree?— A. I never said anything about it, 

Q. Yon didn’t open your mouth? I want to know if you permitted her to 
vote there?—-A. Yes, sir; I didn’t say not to. 

Q. What sort of ticket did she vote?—A. I couldn’t tell you. 

Q. What?—A. Republican, I suppose. 

Q. And you knew that she had not been in this county two weeks?—-A. I 
didn’t know that. 

Q. You know it now?—A. No. sir., 

Q. Wasn’t it said there that day, in the discussion, that she hadn’t been there 
but a few weeks?—A. I don’t know; don’t remember. I would like to tell you 
something else. 

Q. You just let me ask you. Did you sign the returns?—A. No, sir, 

Q. You didn’t appear here to sign the returns?—A. 1 was here election 
morning. 

Q. Didn’t the judges hunt you up and want you to sign the returns of that 
election ?—A. They didn’t hunt me: no, sir. 

Q. You don’t know that they didn’t hunt you up?—A. I was down here and 
told one of them I was not going to. 

Q. You went away and declined to sign it; didn’t you?—A, Yes, sir. 

Q. You are a bitter partisan, aren’t you?—A. Pretty much so; yes, sir, 

Q. You can’t see anything right in anything that doesn’t smack of Republi¬ 
canism?—A. I didn’t see it this time. 

Q. I will ask you if there wasn’t more spirit and more animosity and more 
malice and hatred displayed in this county during the last campaign by the 
Republicans of this county than ever at any other time?—A, I don’t reckon 
there was by the Democrats. 

Q. I am not asking you that. I am asking you about the Republicans. Isn’t 
it a fact?—A. We were pretty hard. 

Q. Don’t you know—where is'your poll book?—A. I haven’t got it. Ed 
Starnes got it. 

Q. What was he doing with it?—A. We left it with him. 

O. Ed Starnes didn’t vote in Lenoir Township?—A. No. 

Q. He is not an officer of the county board of elections?—A. Not an officer; 
no, sir. 

Q. He has been very active and enthusiastic about this matter?—A. I think so. 

Q, AVhy didn’t you return that book-A. We kept an extra one. We re¬ 

turned two. 

Q, How do you know you returned two? You weren’t here.—A. There ought 
to have been. 

Q. You were not here?—A. No, sir. 

Q, You declined to come and sign the return?—A. Yes, sir. I know two 
more were kept. We got a man to make an extra one. 

Q. And you were one of the judges?—A. Yes, sir. 




CAMPBELL VS. DOUGHTON. 


573 


Q. Where is the one you kept as judge? Do you know?—A. I never kept 
any myself. 

Q. Did you have a clerk?—A. Yes, sir. Ed Starnes has that book. 

Redirect examination by Mr. Adams : 

Q. What is it you want to tell?—A. Mrs. Cruse came over there, and Mr. 
Presnell came over there, too, and he said she was qualitied, if I mistake not; 
that he had registered her and failed to turn over tlie card to Mr. Bush. Mr. 
Presnell gave Mr. Bush the card and came over there and otfered to testify 
to that. 

Q. That is some more evidence of the card system?—A. Mr. Presnell said he 
forgot to turn over the card. 

Recross-examination by Mr. Wakefield : 

Q, You say Mr. Presnell said he lost the card?—A. Yes, sir; forgot to take 
it to Mr. Bush. 

Re-redirect examination by Mr. Adams : 

Q. Forgot to take it to Mr. Bush?—A. Yes, sir. 

Q. And Mr. Bush was registrar?—A. Yes, sir. 

Q. And that name never got to Mr. Bush before the registration books 
closed?—A. No. That is the reason he didn’t have it. 

Q. Mr. Smith, you say you were Republican judge over there that day? A. 
Yes, sir. 

Q. You also stated you didn’t sign the returns?—A. No, sir; I didn’t. 

Q. You refused to sign them?—A. Yes, sir. 

Q, You haven’t seen them?—A. No, sir. 

Q. Those returns have been made up in the county by the canvassing 
board?—A. Yes, sir. 

Q. There were 60 absentee votes cast there?—A. Sixty is what we have here 
on this list. 

Mr. C. A. TEAGUE, a witness introduced by the contestant, being first duly 
sworn, testifies as follows: 

Direct examination by Mr. Adams : 

Q. Where do you live?—A. Granite B^'alls. 

Q. What township?—A. Lower Creek. 

Q. Caldwell County?—A. Yes, sir. 

Q. You were registrar fbr that precinct this last election?—A. Yes, sir. 

Q. For November 2, 1920?—A. Yes, sir. 

Q. About how many absentee votes did you have in your precinct?—A. I 
don’t know, sir. 

Q. YT)u don’t remember?—A. I haven’t any idea. 

Q. You had some?—A. Yes, sir. 

Q. Did you have as many as 12?—A. I don’t know. I won’t say, because I 
don't know. 

Q. Were there as many as 10?—A. I couldn’t tell you. 

Q. You didn’t return the absentee votes to anyone?—A. No, sir. 

Q. Do you have them now?—A. Yes, sir. 

Q. Have you got them with you?—A. No, sir. 

Q. Do you know how many were Democrats and how many Republicans?— 
A. No, sir; I don’t know one single ticket. 

Q. You were present at the voting precinct on each day for the registration 
of the voters?—A. Every day except one half day on Saturday. I was at Gas¬ 
tonia and didn’t get back in time. I went Saturday morning. 

Q. Were there any days, other than the regular registration days, that you 
went out through your precinct registering people?—A. No, sir. 1 was out 
part of two days. 

Q. Did you go about at night registering people?—A. No; not especially. I 
registered one after closing time one Saturday evening. 

Q. The last day?—A. No; one Saturday evening. 

(}. Did anyone ever make a demand on you for a copy of the registration 
book?—A. They made a demand for a copy of the poll book. 

Q. What do you mean by poll book?—A. I don’t know. It is marked on there 
“ Poll Book.” " 

Q. Did you have the poll book?—A. Yes, sir. 

Q. Did you have the registration book?—A. Yes, sir. 


574 


CAMPBELL VS. DOUGHTON. 


Q. What was tlie poll book?—A. A blank book up until election day. 

Q. Up until election day it would do no one any benetit?—A. That js what 
I thought. 

Q. You contend they made that demand?—A. l"es, sir; they brought me the 

law and said Mr. W-said they should have the poll book. I said, 

“ Well, if that is the law, I am good for it.” 

(}. Did they say the poll book or polling book?—A. Poll book. 

Q. Did Mr. O. M. Cline ever come to you aobut any books and make any 
demands?—A. Yes, sir. 

Q. Did he give you any notice, in writing, printing, or anything?—A. He had 
a petition, I tliink. He wanted the registration book then. 

Q. That was before the election, wasn’t it?—A. No, sir—yes, sir; before the 
election. 

(J. But after the books were closed? Dn what day?—A. I don’t remember 
the exact date. I think on Monday. 

(y And he asked for the registration book that time?—A. Yes. sir. 

Q. You refused to let him have it?—A. Yes, sir. He didn’t ask for the regis¬ 
tration book; he asked to copy the registration book, and I says, “Dick, we 
don’t want to do something illegal <lown here. It would hurt you worse than 
me. Let’s lind out about that.” He said, “I don’t want to get you into 
trouble. I want to tell you about it tirst.” I said, ” Well, let’s get legal 
advice. If it is legal for you to have the names, you shall have them. If it is 
not legal, you don’t want me to give them to you.’’ He said, “ No; that is 
right.” I said, “ If there is anything I can tell you, or anything I can show 
you, I will be glad to do it at any time.” I said, ” If it is not legal for me 
to give you a list of those voters, I will not do it.” 

Q. That was not a day when the registration book was supposed to be 
open?—A. No, sir. Then, on Saturday he demanded again. On challenge day 
he didn’t make any demand or offer to look at the books. 

Q. He didn’t have any names there to challenge on challenge day?—A. I 
don’t know. He had a long list on election day. 

Q. How many names were on your })oll book?—A. About 1,300, I think. 

Q. There is only one day provided for challenges?—A. Yes, sir. 

Q. At this election there were many new names registered?—A. Yes, sir. 

Q. That hadn’t been before?—A. Yes, sir. 

Q. Because of the registrati<m of ladies principally? And all of the informa¬ 
tion, as to who had registered them, was in your possession, was it?—A. I 
suppose so. 

Q. Did you sit down and go over this list with hiin?—A. I offered to, but he 
didnt’ want to. 

Q. Do you think, as a matter of fact, from your own information and ex¬ 
perience, that you could retain in your mind the names of 1,3(K) people for the 
pui’pose of challenging them?—A. He said he could copy it in two hours; he 
would get a man and they could coi)y it in two hours. 

Q. Could you have got along without the book for two hours?—A. I might 
have done it, but it was not legal for me to turn the book over to some one 
else. The book was in my care. If you will let me explain why I didn’t let 
him have it: The second night they came to me and asked me about this, we 
was not mad; not yet. A crowd congregated, all Republicans except one or 
two—about 50, I think. Pie and myself walked down the street. I said, if I 
recall, I said, ” YTm don’t want it.” Pie said, “ No.” I said, “ Let’s investigate 
this thing to-morrow, and I will hd you know.” Some big fellow said, “We 
will get them whether you want us t<> have them or not.” I said, “ You open 
your mouth again and I will bust it. I am not talking to you and you have 
got no business butting into this thing.” Dock and myself walked off down 
the street and I got legal advice, and they advised me not to let them have it, 
and I didn’t. Then they got up a petition. 

(). You got your advice from the chairman of the county board of elections?— 
A. Yes, sir; the chairman of the board of elections. 

Who is your chairman?—A. IMr. Minish. 

Q. He is chairman of the board of ele^'tions in this county?—A. Yes, sir. 

Q. He is a Democrat. I believe?—A. Yes, sir. They demanded to know the 
next morning, and he said. “ I haven’t got time to find out now, but I will 
find out and let you know. These l)<M>ks are in your possession; if you let them 
out you are responsible for them.” Then he called me up, and I didn’t speak 
to him personally, but I had Mr. Cus Cline take the message and deliver it 
to me. 



CAMPBELL VS. DOUGHTON. 


575 


Q. Tli(^y considered yon entirely responsil)le for those hooks?—A. Yes, sir. 

Q. And yon had the exclusive right to say what should be done with that 
book?—A. I suppose so. 

Q. Well, do you consider that hook private property or public property?— 
A. Public i)roperty. 

(}. If it is public property, why is it the voters of the county haven’t got an 
interest in it?—A. lliey had. I told them repeatedly they had access to it 
any time and anywhere. 

Q. Just to ask you about the names?—A. No; to check it and sit down and 
look at it a week if they wanted to in my presence. 

Q. They said they could copy it in two hours?—A. That is what they said. 

Q, You would not let them copy it?—A. No, sir; I didn’t. 

(}. So they didn’t have access to it to copy it?—A. No; but they had access 
to it every day or night if they wanted it. 

Q. To ask you about it?—A. Do anything they wanted to in my presence ex¬ 
cept copy it. I did refuse for them to copy it. I asked them why they wanted 
a copy. They didn’t have any reason for it—just to make me let them copy it. 

(). Mr. Teague, did you have anyone to assist you in registering the people 
throughout this precinct?—A. I did one Saturday morning; I was away from 
home—Clarence Moore. 

Q. Did he administer the oath to the peojde that he registered?—A. Yes, sir. 

Q. Was he acting in place of the registrar or acting as your assistant?— 
A. I don’t know. I asked him to act in my place if I didn’t get back that day, 
and I didn’t get back until 12 o’clock. 

Q. Did you go out in the district and register Democrats?—A. I registered 
both kinds; I registered everyone that asked me on the Republican side except 
one. 

Q. Who was that?—A. Mr. Marvin Stores!?) told me he wanted me to come 
ami register his wife on Friday night about 7 o’clock at night. I got the 
message, and I told her I couldn’t do it; I had to go somewhere else. That is 
the only one I refused, and I refused six or eight Democrats that I could name 
if necessary. 

(}. Refused to go to see them?—A. Yes; T just didn’t have time. 

Q. On what night was it that Mr. Stores called you up?—A. Friday night 
before the last day to register on Saturday. 

Q. Did you go out and register any Democrats that night?—A. No, sir. 

Q. Has he any Democratic neighbors close by that were registered on that 
day?—A. No, sir; not that I know of. 

Q. You don’t know of any?—A. No, sir. 

Q. Did you register them all yourself?—A. I registered all that was registered 
except the half day that I spoke of. 

Q, Did you use the card system?—A. No, sir; I didn’t. 

Q. Why did you not use the card system?—A. Simply because I didn’t want 
to. That was here in Lenoir they used it for convenience. It didn’t have any 
convenience to me. I didn’t have the cards at all. 

You didn’t know there was any such thing?—A. Yes, sir; I knew the 
cards were out. They asked me if I wanted them. In place of carrying the 
book with you. you carried the cards and registered on the cards, and then 
transferred them on the book. 

Q. A kind of pocket register?—A. Yes, sir. 

(’ross-examination by Mr. Squires: 

Q. Mr. Teague, you left Clarence Moore in charge of the books for half a 
day?—A. Y'es, sir. 

Q. While you were gone that half day,'how many persons were registered?— 
A. I don’t remember. I can tell by looking up a little. 

Q. More Democrats or Republicans?—A. Why, a’majority of Republicans. 

Q. Who was the first person that you ever registered after you left the 
polling place?—A. The Republican township chairman’s wife. That is, going out 
to register. 

Q. How many Republicans did you'go to their homes to register?—A. I don’t 

remember. I remember Mr. Cline and Mr. -, the township constable, or 

whatever you call it. I went to his house and registered his wife, by request. 

Q. You went to their homes and registered their wives when they asked 
you?—A. Yes, sir. 

Q. As a matter of fact, they came out there in carloads, and the Republicans 
registered the first few days?—A. The majority of them. 



576 


CAMPBELL VS. DOUGHTON. 


Q. Did you apply any other test to the Uepnhlicaiis than yon did to the 
Democrats?—A, No, sir. 

Q. Did you treat them all alike?—A. As near as I possibly could. 

Q. Tile only time you refused was to .^o to Marvin Stores’s house the niftiit 
the books closed?—A. Yes, sir. 

Q. Did his wife come and register?—A. Yes, sir. He said, “A Democrat lives 
across the road. Get her and my wife, too.” I .said I couldn’t if it was for . 
$100. I told my wife. 

Q. She voted?—A. Yes, sir. 

Q. The Republicans never lost any vote at all?—A. Not that I know of. 

Q. Have you got the paper that the proclamation is on?—A. They have that 
paper. 

Q. What did it say? Didn’t you print a circular about the matter?—A. Yes, 
sir. I don’t remember the wording exactly. But it was a reply to that. 

Q. Have you any of those circulars at home?—A. Y'es, sir. 

Q. Will you send one here to-morrow to he put in evidence?—A. Y^es, sir. I 
can get a copy at the printing office. 

Q. They were printed in Lenoir?—A. Yes. sir. 

Q. Find one if you can?—A. The other wasn’t signed by anybody. Mine was 
signed. 

Q. You refused to give them a copy of the poll list because you construed the 

law-A. I refused to let them copy it. They never asked me to give them a 

copy. They designated Mr. Russell as one to copy it. They wanted to copy it 
themselves. 

Q. And the statutes that you read referred only to poll hooks?—A. Poll 
books. 

Q. And not registration books?—A. Yes, sir. 

Q. They never asked you to make out a copy?—A. No. 

Q. And didn’t offer to pay you for making a copy?—A. No, sir; never did 
tender me any pay. 

Q. Did you have any talk with AVhisnant about it?—A. No, sir. 

Q. Did you make the statement to him at any time that you were going out 
and registering other people for pay-A. I positively did not. I said some¬ 

thing to IMr. Dock Cline about that, but never opened my mouth to Mr. Whis- 
nant. 

Q. You did make a statement to Mr. Cline something to that effect’?—A. He 
was guying me. This was in fun. They didn’t know where I was, but I wasn’t 
out registering anyone. They were joking me, and I said, “ I am getting pay 
for registering Democrats. If the Republicans want to pay me, I will register 
them, too.” AVhisnant may have overheard it. 

Q. Did Whisnant ever demand a copy of the books?—^A. Not to my knowledge. 

Q. Did anyone ever do it except Cline?—A. Not to my knowledge. 

Q. Did anyone at any time ask you to make a copy of the books—A. No, sir; 
they did not. 

Q. What you did was to offer to let them see the books or give information, 
but refused to let them copy them?—A. I told them before witnesses; I said! 

“ Now, anything in the world that I can show you about these registration 
books, anything I can help you in, I will be glad to do it at any time.” 

Q. How much did Dr. Campbell carry Lovelady by?—A. About 300. 

Q, Was the Republican majority increased or diminished over two years 
ago?—A. About twice what it was two years ago. 

Redirect examination by Mr. Adams : 

Q. You are not prepared to say that it could not have been increased more?— 
A. No, sir. It could have been less or more. Looks like that was sufficient. 

Q. Mr. Teague, did these gentlemen offer to pay you for a copy of the regis¬ 
tration books?—A. They said something about pay one night. They wanted to 
know what I would charge. 1 told them $4 an hour. They said, ” We wont’ 
pay it. ’ I think it was INIr. Russell. I wanted to do something unreasonable 
They were getting dangerous. I don’t know whether to call it a mob or not 

Q. Section 0016 of the Consolidated Statutes, entitled “ Penalty for refusing 
copy of poll hooks. Any officer who shall refuse to permit any candidate or 
person qualified to vote, at his own expense, to have a copy of the poll books 
shall forfeit and pay $200, one half to the person who shall ask for the same 
and the other half to the use of the State. Such copy shall not be given if the 
making interferes with the duty of the holder of the books.” 




c:ampbkll vs. doitghton. 


577 


K(t'n)Ss:-ex;nniiuitioii by ]\Ir, Squires: 

{.}. You \v(‘re uskod f<»r a copy of the rejjistration book, I believe, and not tbe 
]M)11 book?—^A. Yes, sir. 

Q. And nor the poll book?—A. No, sir; T offered fliein tbe poll book. 

Ke-retlirect examination by Mr. Adams : 

\Miat other books did you have in your possession?—A. None at all; the 
]>oll books and re^istnition books. 

An<l you didnt' give them either one?—A. 1 offered the poll books and 
they didn’t take them. 

Q. The poll books were made on election day?—A. Yes, sir; but I had them 
in blank foian. 

Q. The poll book is a record of the voters who vote on election day?—A. 
Yes, sir. 

Q. The rei^istration book contains information as to wh<> are qualified 
voters?—A. Yes, sir. 

INIr. Adams. Attorney for contestant will furnish rulinjjs of the sui)reme court 
as to what constitutes the registration book and poll book, and what informa¬ 
tion they are supposed to contain. 

Mr. MEAD STIREWALT, a witness introduced by the contestant, being first 
duly sworn, testified as follows: 

Direct examination by Mr. Adams : 

Q. Where do you live, Mr. Stirewalt?—A. Granite Falls, Lovelady Township, 
Caldwell County. 

Q. You were Republican judge at the last election?—A. Yes, sir. 

Q. You were at the precinct on election day?—A. Yes, sir. 

Q. Do you know anything about how many absentee votes you had?—A. 
No, sir. 

Q. Have you any idea?—A. No; I haven’t. 

Q. Who opened those votes?—A. D. M. Cline and C. A. Teague—Teague is 
registrar—and C. G. Moore. 

Q. Was he one of the judges?—No, sir. Teague just had him in there. 

Q. Were those absentee votes Democratic or Republican votes?—A. Mixed. 

Q. Do you know what per cent was Republican and what per cent Demo¬ 
cratic?—A. No, sir. 

Cross-examination by Mr. Squires : 

Q. Mr, Cline wasn’t a judge?—A. No, sir. 

Q. You and the other official just asked those two gentlemen, one Democratic 
and one Republican, to open the absentee votes; is that right?—A. We agreed 
to that and I called in Mr, Cline and Mr. Teague called in Mr. Moore. 

Q. One Democrat and one Republican?—A. Y^es, sir. 

Q. You agreed they might open the absentee votes. 

Mr. I>. M. CLINE, a witness for the contestant, being first duly sworn, testi¬ 
fied as follows: 

Direct examination by Mr. Adams : 

Q. Where do .you live, Mr. Cline?—A. Granite Falls, Lovelady Township. 

Q. Caldivell County?—A. Y^'es, sir. 

Q. Did you make a demand upon the registrar, Mr. Teague, down there for a 
copy of tliose books?—A. Yes, sir. 

(i. Did you offer to pay him for the same?—A. Yes, sir. I offered to pay 
him the first time. 

(Contestee objects to question and answer.) 

Q. For his work?—A. No, sir; not for his work; for his time. The way it 
was I made a request as chairman of tbe executive committee down there to 
obtain a copv of tbe registration book. I wanted to obtain it in his presence 
and without any of his work. He was only to sit by and watch. He said if it 
was legal he would let us have it. That was on Wednesday. He said he was 
coming to Lenoir that night and find out whether it was legal, and he would 
let me know the next day. 

That was after the registration period closed?—A. No, sir; before. Octo¬ 
ber 20. The next day he informed me it wasn’t legal; that the advice he 
obtained was not to let'us have a copy. He .said that he would tell us any name 

37 


57605—21 



578 


CAMPBELL VS. DOUGHTON. 


that we would ask him about, or would let us look at any name we wanted 
to on the book. I informed him that this copy was for the purpose of seeing 
who had registered and who had not, so we could make an effort to get the 
Republican voters out for registration. He informed me that if he didn’t let 
us have it he would not let the other side have it. I informed him that they 
didn’t need it; that he was going around and registering the Democrats and 
passing by Republicans, and, in view of that fact, they didn’t need a copy, 
because they had the book with them and were using it for the same purpose 
that we wanted to use a copy for. He still refused. On Friday night before the 
books closed I obtained two witnesses, Mead Stirewalt and O. T. Russell, 
and went again to him and asked for a copy; to let us copy the books. I told 
him that I had four men and we could copy them in two hours. He could sit 
by and see that the books were in good shape, and that we would pay him for 
his time, any reasonable amount. He said, well, he would do it, and he 
wanted $4 an hour. I told him that was unreasonable and we would not pay 
it, and I would see if there was some law about it. I told him there was a 
law to make him let us have a copy. I got the law book and showed him. He 
said that was i>laiii enough, and if I would wait until next morning at 9 o’clock 
he would permit us to copy the book. In the meantime he came to Lenoir that 
night and received additional advice and came back next morning, and I came 
by his place and told him I wanted to procure that copy, and he tendered me 
the blank poll book and said that was all I could see; all I could get a copy 
of, and as the book was blank there was nothing to copy. I took the matter 
up further with an attorney, with a view of taking it up before the judge at 
Lincolnton. He wrote out a petition and sent me back to the precinct to 
get it signed. I got 102 signers to this petition, and presented a copy of it to 
0. A. Teague, the registrar, and he still refused. The lawyers advised us that 
we didn’t have enough time; they had 10 days to answer the complaint, and we 
didn’t have enough time to get a copy before election. Then I got out a circu¬ 
lar. “ Square deal ” was the heading of it, and we never received any copy 
of the registration book. 

Q. And so you made a demand for the registration book and offered to pay 
for a copy, and he refused to let you have it?—A. We offered to pay him for his 
time, any reasonable amount, while we were at work copying. 

Q. He wanted to charge you $4 an hour?—A. Yes, sir; that is what he said. 

(j. You work about 10 hours a day around here, I believe?—A. Yes, sir. 

Q. What salary would that have been per day?—A. At 10 hours a day, .$40 
a day. 

Q. Did you see circulated, in that precinct, one of the notorious pictures that 
they used as a campaign circular of President-elect Harding surrounded by 
Negroes, purporting to be candidates of the Republican Party?—A. I did. 

Q. Where did you see that picture?—A. W. T. Sherrill met me on the street 
and showed me one. 

Q. What is his politics?—A. Democratic. 

Q. Did he show any other persons that picture?—A. One other person, A. INI. 
Martin. 

Q. What is his politics?—A. Democratic. 

Q. Did you see any other person with one?—A. No. sir. 

Q. Did it cause any discussion?—A. Yes, sir; right much discussion. 

Q. And comment?—A. Yes, sir. 

Q. It wasn’t exhibited there until a day or two before,the election?—A. That 
was the first I saw of it. 

Q. One of the climax exhibitions of the campaign?—A. Yes, sir. 

Cross-examination by Gov. Newland : 

Q. Mr. Cline, Mr. Adams asked you, if, at the rate of $4 per hour, it would be 
$40 a day. That is a matter of calculation, of course. I believe you told him 
you could copy it in two hours?—A. I told him I couhl have it done. 

Q. So that would have been $8?—A. Yes, sir. 

Q. And you declined to pay it?—A. l^es, sir. 

Q. You say you saw that picture of Harding and the colored people?—A. 
Yes, sir. 

Q. You exhibited n little paper down there?—A. Yes, sir. 

Q. What was it about?—A. About refusing to show the registration book. 

Q. I am talking about another paper, and ask you if you don’t recall that, 
after Sherrill showed you the Harding picture, with the colored people surround¬ 
ing him, if you didn’t show him a paper in which the Democrats were calling 
the Negro “brother”?—A. I showed that afterwards. 


CAMPBELL VS. DOUGHTON. 579 

Q. Aiid that ^^as used as a sort of climax?—A. I don’t know that anybody 
showed it but myself showing it to him. 

Q. You don’t know how many others had them?—A. I don’t know that there 
were any others. 

Q. And you only saw two of those others?—A. That is all. Mr. Bickett, gov¬ 
ernor of the State, had received a committee and called them “ brothers ”; that 
was an Associated Press item. 

Q. And you showed that to Sherrill?—A. Yes, sir. 

Q. ]Mr. Cline, Teague told you that any time you wanted to see the books he 
would show them to you?—A. Yes, sir. 

Q. And that he would do anything he could to help you, except copy them?— 
A. I never heard that. He told me that any certain name I wanted to find out, 
he would tell me whether they were registered, or let me see any certain name. 

Q. Didn’t he tell you he would let you look at the book any time in his presr 
ence?—A. Y^es, sir. 

Redirect examination by Mr. Adams : 

Q. About how many of those voters in that precinct were new registrants this 
time?—A. I would say approximately 600. 

Recross-examination by Mr. Squires : 

(Paper identified “ M. S. 3” for contestee.) 

Q. Did you get out a circular?—A. Yes, sir. 

Q. Is this a copy?—A. That is a copy of the circular. 

(Paper identified and marked “ IM. S. 4 ” for contestee.) 

Re-redirect examination by Mr. Adams : 

Q. That is the circular you put out?—A. Yes, sir. 

(Circular introduced and marked “Contestant’s Exhibit 4.’’) 

Q. Had you been to the reg:strar and made a request of him for those books 
before you put out that circular?—A. Y'es, sir; three times. 

Q. And he denied you access to those books?—A. Denied letting us have a 
copy of the registration. 

Q. On this circular here, that you say you got out, you state that you procured 
102 names?—A. Y'^es, sir. 

(). And you state there, in that circular, that you procured 102 names?—A. 
Yes, sir. 

Q. And it has not been denied?—A. No. sir. I furnished the registrar with 
a copy of the petition with the names attached. 

Q. And those 102 names were citizens and residents of that voting ijrecinct?— 
A. They were. 

Q. The names do not appear in that circular?—A. They do not. 

Q. This circular just states 102 names?—A. Y’^es, sir. 

Q. And you had 102 names?—A. I did. 

Q. Did you go to him with that petition?—A. I presented him with a copy. 

Q. Then, in reply to that, he got out a circuiar and signed his name?—A. 
Yes, sir. 

Q. Then you got out another circular and signed .your name?—A. Yes, sir. 

(}. Y’'ou signed as chairman of the executive committee?—A. Yes, sir. 

Q. Are you a member of that committee?—A. Yes, sir; chairman. 

(). Do you know w^hether you can get a copy of that circular?—A. I do not. 
I will make an effort. I might get it from the printer. 

Re-recross examination by Mr. Squires : 

Q. Did you intend to state awhile ago that Mr. Teague was going out and 
registering Democrats and refusing Republicans, or did you just say that to him 
when you and he were guying each other that time?—A. I didn’t say he had 
refused to register any Republican. 

Q. What was it you said?—A. I told him that he and Clarence Moore had the 
book around over the township registering Democrats; and he admitted it. 

Q. Nothing was said about Republicans?—A. No. 

Q. I understood awhile ago that you said something like that, is the reason 
I askeil the question. I understood you to say awhile ago that he refused to 
register Republicans?—A. I didn’t say he <lidn’t refuse any Republicans. 

Q. Do you mean to say that he was going out and hunting up Democrats and 
pas.sing by Republicans?—A. T did hear that. 

Q. Do you know? Will you swear it?—A. I will swear that he went over 
the township- 



580 


CAMPBELL VS. DOUGHTON. 


Ci. Hold on a minute: Will you swear that Teague went out and hunted up 
Democrats and passed by Republicans, of your own knowledge?—A. I won’t 
swear that of my own knowledge. 

Ke-redirect examination by Mr. Adams : 

Q. In your conversation with him, about his going around registering people, 
and when you were asking him for those books, didn’t you state to him then that 
the reason he didn’t need a copy, was l)ecause he was going around registering 
Democrats?—A. .1 did. 

Q. He didn’t deny it?—A. He did net. He said the Democrats were paying 
him for it. 

Contestant’s Exhibit 4. 

SQUAKE DEAL. 

To the voters of Lovelady precinct: 

Perhaps you have read a statement in Friday’s issue of the Lenoir News-Topic 
in regard to showing and inspecting registration hooks of this precinct, we be¬ 
lieve the voters should have all the facts in regard to this matter. On October 
20 the Republicans of the precinct, through their chairman, made a request to 
the registrar to secure a copy of the names registered at that time, as the regis¬ 
trar was canvassing the precinct in company with Democratic workers in order 
to get the Democrat voters registered, we thought it would be nothing but fair 
that we be allowed to secure a copy of the names already on the books so the 
Republican workers could make an effort to get their voters registered. On 
October 21 this request was refused and the registrar informed the committee 
that the Democrats were paying him to canvass the precinct to register their 
voters, another request to secure a copy was made on October 22 was refused. 
On October 23 the following petition, signed by 102 voters of the precinct, was 
filed with the registrar: 

Mr. C. A. Teague, 

Registrar, Lovelady precinct, Caldwell County. 

Dear Sir : Having made repeated demands of you for an opportunity to inspect 
and copy the registration books of Lovelady precinct, Caldwell County, and hav¬ 
ing upon each occasion been refused the opportunity to inspect and copy said 
registration books, the undersigned hereby respectfully request and demand that 
you permit them or such other person or persons as you may designate, in your 
presence, to inspect and copy the said registration books. 

. (Signed by 102 Voters.) 

AVe were advised that the first part of the request could be granted but that 
we could not secure a copy of the names' as the registration books contain about 
one thousand names, and v:e wanted this copy for reference, therefore looking 
at the books without securing a copy of the names was useless as no person could 
remember 1,000 names. We found that it would be impossible to get the matter 
in the courts before the election, therefore the voters of the precinct must be the 
judge as to whether oi- not we have had a square deal. 

If a registrar take an oath that he will discharge the duties of registrar hon¬ 
estly and impartially and receives money from the Democratic Party to canvass 
the precinct in their behalf, is this discharging their duties impartially? You 
are the judge. The election laws of the State are as follows; “ It shall be 
his duty, between the hours of 9 o’clock a. m. and sunset, on each day (Sunday 
excepted) for 20 days preceding the day of closing of the registration books, 
as hereinafter provided, to keep open said books for the registration of any 
electors residing within such township, ward, or precinct and entitled to regis¬ 
tration.” Note this does not say anything about registering only Democrats 
through the week and the Republicans on Saturday. 

If you believe in a square deal, show it by voting the Republican ticket on 
next Tuesday. 

Lovelady Township Republican Executive Committee. 

Mr. C. A. TEAGUE, a witness previously introduced, being recalled by the 
contestee, testified as follows: 

Cross-examination by Mr, Squires : 

Q. Did you get out that circular? [Hands witness paper.]—A. Yes, sir. 

Q. Another circular was gotten out by D. INI. Cline?—A. Yes, sir. 


CAMPBELL VS. DOUGHTON. 


pA} -"-I"! 


581 


Q. Have you a copy of tliat at home?—A. No, sir. 

Q. Answer the question I am goins to ask you “ ves ” or “ no ” • Did vou 

h? township ref^isterinj^ Democrats and passing 

!).> KepuDiicans, or refusing to register them?—A. No, sir; I did not. 

Q xVnd you stated you only went out to register anybody upon invitation?— 

-A.* j. OSj Sll • 


Cline’s^wife? registered away from the polling jdace wa« Mr. 


Redirect examination by Mr. Adams : 

Q- You say you went where you were requested to go and register people'^— 
A. les, sir. ^ i • 

Q. Lxc*ept one time? A. That is, among the Kepuhlicans; I refused one 
Democrat that I remember now. He asked me to go and register his daughter. 
She was going to vote the Dem(»cratic ticket and would not come out unless 
I came after her. I told him I couldn’t go. 

Q. You say the Republicans all registered early?—A. The majority of them. 

Q. And all got on the hook right in the beginning?—A. The biggest part of 
them. 

Q. There \\ere Republicans registered the last day?—A. A lot of women; 
especially women. You can look on the registration book and see. 

Q. Imu say you didn’t register anybody without a request from them?—A. 
Not without I would be passing along, and they would see me and called me. 
That is what I would call by request. I registered them anywhere I found 
them. Some came to my house. In traveling over the countrv, I got a lot that 
way. 

Q. Did Jim Carter’s family register up at their home?—A. Jim Carter’s 
family didn’t register. 

Q. Did you go there to register them?—A. Yes, sir. 

Q. Who requested you to go?—A. Mr. Jim Carter. 

Q. If he requested you to go, why didn’t they register?—A. He couldn’t get 
his wife to come to the polls, and requested me to go there. 

Q. If he requested you to go there and register her, how did it happen she 
didn’t register when you went there?—A. I couldn’t tell you. I asked her if 
she wanted to register, and she said, “ No,” and I just stepped out of the house. 

Q. On what day did you register Mr. Wilson?—A. I don’t know. Which 
Wilson? 

Q. J. W. M'ilson.—A. I don’t know, sir. He has been registered ever since I 
can remember. 

Q. How about his wife?—A. I registered her on Friday, I think, before the 
last day. 

Q. She wasn’t registered on the 23d?—A. I don’t remember. 

Q. Did you take your registration book and go to his home on registration 
day?—A. No, sir; I didn’t. 

Q. Also the home of Miss Hass?—A. I can’t remember. There were 1,300 
names and I can’t remember. I don’t especially remember those. 


■ Mr. G. Z. BUSH, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Adams : 

Q. What is your name?—A. G. Z. Bush. 

Q. Where do you live?—A. Hudson, Hudson Township, Caldwell County. 

Q. You were registrar for that precinct in the last election?—A. I was. 

Q. Did you have any absentee votes out there?—A. Yes, sir. Had a few. 

Q. About how many?—A. Something like a dozen. 

Q. About what proportion of them were Democrats and what proportion Re¬ 
publicans?—A. Most of them Democrats. 

Q. You didn’t make a return of them to the register of deeds?—A No, sir. 

Q. Y^ou» returned the books?—A. Yes, sir. 

Q. Do you remember that there were any Republicans?—A. Yes, sir; there 
was one. 

Q. And about 11 or 12 Democrats?—A. To be exact, there were 13 votes 
cast; 1.5, and they challenged 2. 

Q. One of those cast was a Republican?—A. Yes, sir. 

Q. Have you those certificates?—A. I think I have them at home. 

Q. You didn’t bring them up?—A. No, sir. 


582 


CAMPBELL VS. DOUGHTON. 


Q. Mr. Bush, did you have any knowledge of the circular of the so-called 
Harding picture with the Negro candidates on it?—A. I saw it; yes, sir. 

Q. At the precinct?—A. Yes, sir; it was there. I didn’t see it on the day 
of election. 

Q. Did you see it before election?—A., I saw it before election. 

Q. One was sent to you?—A. Yes, sir. 

Q. Did you have it out with you on any of your trips?—A. Yes, sir; I had 
it with me. 

Q. You carried it with you on your registration trips?—A. Oh, no; not 
all- 

Q. You carried it around the county?—A. I just had it in my pocket. 

Q. Did you make registration rounds other than regular registration days?— 
A. I went around some. 

Q. Do you know where that picture was mailed to you from?—A. No, sir; 
I don’t. 

Q. Did it have any return address on it?—A. No, sir. 

Q. Did you see other pictures in the county of the same kind, or in the pre¬ 
cinct?—A. I think I only saw two of them. One there and one here in Lenoir. 

Q. Where was the one here in Lenoir?—A. Down here at the post office. 

Q. Posted up there?—A. No, sir. 

Q. Some man had it down there?—A. No, sir; it was mailed. 

Q. The one you saw here in town, was that at Mr. Thornburg’s store?—A. 
Yes, sir. 

Q. The post office and Mr. Thornburg’s store are in one and the sabe build¬ 
ing?—A. Yes, sir. But the picture wasn’t in the post office—in the opposite 
window. 

Cross-examination by Gov. Newland : 

Q. Mr. Bush, the absentee ballots that were cast there never had the name of 
the person for whom they were cast on the back or the margin of the vote?— 
A. No, sir. 

Q. None of them had any name on them?—A. No, sir. 

Q. And you say you had one of those pictures and saw one other?—A. Yes, 
sir. 

Q. You didn’t attempt to use that to influence anyone’s vote?—A. No; I 
showed it to a few, but didn’t do it to influence them to vote at all. 

Mr. D. M. CLINE, a witness previously introduced by the contestant, being 
recalled, testifles as follows; 

Direct examination by Mr. Adams : 

Q. Mr. Cline, were you pre.sent at the opening up of the absentee votes at 
your precinct?—A. Yes, sir. 

Q. What precinct is that?—A. Lovelady. 

Q. Were there any of those absentee ballots that the voters had signed their 
names on the ballots?—A. Two, to my knowledge—^Paul Elmore and Ivy Cline. 

Cross-examination by Gov. Newland : 

Q. Did you flx up those ballots for those boys?—A. I fixed out a blank and 
had them sign the blank, and write their names on the back of the ticket. 

Q. When did you fix them up?—A. A week or so before the election. 

Q. They were not there at the election?—^A. No. 

Redirect examination by Mr. Adams : 

Q. You say they voted there?—A. Yes, sir. 

Recross-examination by Gov. Newland; 

Q. Tliey were voted and counted?—A. Yes, sir. 

Q. On the Republican ticket?—A. Yes, sir. 

Mr. J. R. COFFEY, a witness introduced by the contestant, being first duly 
sworn, testified as follows; 

Direct examination by Mr. Adams; 

Q. Your name is J. R. Coffey?—A. Yes, sir. 

Q. Where do you live?—^A. In Mulberry precinct, Caldwell County. 

Q. Are you the registrar for that precinct?—A. Yes, sir. 

Q. How many absentee votes did you have down there—about how many?— 
A. About six or seven. 



C^AMPBELL VS. DOUGHTON. 


583 


Q. And how many were Republicans and how many Democrats, if you 
know?—A. As I recall, four Democrats and two Republicans. 

Q. Did you return those votes to the re{?ister of deeds of this county?—A. 
No, sir; I didn’t make any return of them; nothing more than the total. 

Q. Have you got those certificates now?—A. I haven’t got them with me. I 
think 1 have got them at home. 

Q. Do you know where they are at home?—A. 1 think 1 have them in my 
desk. 

Q. You would not swear that you have them at home?—A. No, sir; I would 
not. 

Cross-examination by Mr. Squires: 

Q. None of those certificates had the name written on the back of them?—A. 
I.iet’s see- 

Q. Do you remember of any?—A. I can’t recall. 

Q. Mr. Coffey, 1 asked you whether you know how many people were in¬ 
dicted and have pleaded guilty for disturbing the election, or for disorderly 
conduct, or giving away whisky around the election grounds in your precinct? 

(The contestant objects to the statement of the witness, as the records of the 
proceedings of the court is the best evidence.) 

Q. Eber Clark was convicted?—A. Yes, sir. 

Q. Miller was convicted?—Yes, sir. 

Q. Townsend was convicted of giving away liquor?—A. 'Yes, sir. 

Q. Who else was convicted? Green Dickson was convicted of giving away 
liquor?—A. Yes, sir. 

Q. And Robey Martin?—A. Yes, sir; 1 think that is right. 

Q. Who were all those—Democrats or Republicans?—A. They were Repub¬ 
licans. 

Q. To make myself clear, Robey Martin was convicted of giving away 
liquor?—A. Not that I know of. 

Q. He was convicted of disturbing the election, or something of that kind?— 
A. Yes, sir. 1 think so. 

Q. Were you in court when it happened, or do you know that from hearsay 
ordy?—A. 1 wasn’t here. I just heard that. 

Mr. LAWRENCE THRONEBURG, a witness introduced by the contestant, 
being first duly sworn, testified as follows: 

Direct examination by Mr. Adams : 

Q. Mr. Throneburg, where do you live?—A. Hudson; Hudson precinct. Cald¬ 
well County. 

(}. What is your business?—I am a merchant. 

Q. And what else?—A. Well, that is about all. 

Q. Did you receive, through the mail, one of the Harding pictures sur¬ 
rounded by negroes?—A. Not myself. 

Q. Did you get hold of one?—A. Yes, sir. 

Q. What did you do with it?—A. Put it in my window; my place of business. 

Q. In the town of Hudson?—A. Yes, sir. 

(5. For display? It could be seen from the outside?—A. Yes, sir. 

Q- F>o you know where it came from?—A. No, sir. 

Q. Is that a public place?—A. Yes. sir. 

Q. How far is it, from where this picture was displayed, to the voting 
precinct?—A. Oh, I should say it is probably 100' yards. 

Q. How many days did it stay on display there?—A. I don't remember. 

Q. Did you see any other picture beside that one?—A. Yes, sir. In the daily 
papers. 

Q. What papers?—A. The Raleigh News and Observer. 

Q. A daily paper of this State?—A. Yes, sir. 

Q. A Deniocratic paper?—A. I suppose so. 

Q. It has a circulation in this county?—A. I don’t know about that. 

Q. People take it?—A. I don’t know. 

Q. You take it?—A. No, sir. 

Q. Was it in the post office there?—A.'It was in a Sunday edition. I bought 
it from a news butch. 

Q. Selling them on the line that runs through this county?—A. Yes, sir. 

Q. Who is the editor of this Raleigh News and Observer?—A. I don’t know. 

Q. The proprietor and owner?—A. I think Mr. Daniels. 



584 


CAMPBELL VS. DOUGHTON. 


Q. .Io.sei)liii.s Djuiiels?—A. Yes, sir; so far as I know, 

<2. The past Secretary of the Navy?—A, Yes, sir. 

Cross-examination by Mr. Squires : 

Q. That never caused a fight?—A, I never heard of it. 

Q. They had a very quiet election in Hudson?—A. l^es, sir; very quiet. 

Redirect examination by Mr. Adams : 

Q. Your place of business and tlie post office are in the same building?—A. 
Yes, sir. 

Q. And I believe you said you bought this paper from a news butch off the 
train?—A. Yes, sir. 

Recross-examination by Mr. Squires : 

Q. The window in which this picture was displayed! was the opposite window 
from the post office?—A. Yes, sir; the post office is in one side of the building, 
and another window that I use for all public information. They bring it in 
for public information and I put it up. 

Q. Local advertisements, mortgage sales, etc.?—Yes, sir. 

Re-redirect examination by Mr. Adams : 

Q, It was in this window that you use for public information and advertise¬ 
ments that you placed this circular?—A. Yes, sir. 

. Q. That window is known by the people as kind of an information bureau?— 
A. I don’t know whether it is altogether or not. People want me to put posters 
up, like in a country store. I use it for public information. 

Mr, .1. J. ROBERTS, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Ad.\ms : 

Q. What is your name?—A. J. J. Roberts. 

Q, Where do you live?—A. .Little River. 

Q. Little River precinct?—A. Yes, sir. 

Q. Were you present at the voting precinct in Little River on election day?— 
A. Yes, sir. 

Q. Did you see the opening of the ab.sentee votes there?—A. No. sir; I never 
seen all of them. 

Q. Some of them?—A. Yes, sir. 

Q. Were there any Republican absentee votes refused to be cast there that 
day?—A. Yes, sir. 

Q. By the officials?—A. Yes, sir. 

(}. M’hat were the names of the parties?—A. Laura Sykes and Lou Gilbert. 

Q. Were they Republican voters?—A. l^es, sir. 

Q. Absentee voters?—A. Yes, sir. 

Q, Why didn’t they allow them to vote?—A. Because they weren’t mailed. 

Q. Were they sealed up?—A. Yes, sir. 

Q. Ami in the hands of the officials there?—A. Yes. sir. 

Cross-examination by Gov. Newland : 

Q. You say they were not mailed ; you mean by that that some other fellow 
had them until election day and handed them in?—A. No, sir. 

Q. What do you mean?—A, They claimed they were not properly mailed. 

Q. W hy?—A. Because the mail did not carry them to the registrar. 

Q. Who got them?—A. The registrar. 

Q. Did he get them out of the mail?—A. No, sir. 

(2. Whom did he get them from?—A. ^[y brother. 

(2. Where did your brother get them?—A. From me. 

(2. ^yhere did you get them?—A. From the pei«son that voted them. 

(2. So they passed through your hands, and your brother’s hands, and then 
to the registrar?—A, Yes, sir. 

Q. And for that reason they would not count them or did not vote them? 
How long before the day of election did you get them?—A. On Saturday even¬ 
ing, of challenge day. 

Q. How long is that before election?—A. A week. That was on Saturday. 

Q. When did you give them to your brother?—A. INIondav moi-ning. 

Q. When did he give them to the registrar?—A. Just as soon as he could take 
them to him; Monday forenoon. 


CAMPBELL VS. DOUGHTON. 585 

Q. Monday, before election?—A. No; the tirst Monday after challenge day. 
on Saturday. 

Q. Did you see him give them to him?—A. No, sir. 

Q. Then you don’t know when he gave them to him, of your own knowledge?— 
A. No, sir. 

Q. M'here was Miss Laura Sykes?—A. At home. 

Q. Where was her home?—A. With her father. 

Q. How near the polling place?—A. About 2^ miles. 

Q. Who was the other lady?—A. Her mother. Mi’s. Gilbert. • » 

Q. They were at the same place?—A. Yes, sir. 

Redirect examination by Mr. Adams : 

Q. They were in the hands of the registrar there on election day?—A. Yes, sir, 
Q. At the opening of the absentee votes?—A. Yes, sir. 

Recross-examination by Gov. Newland : 

Q. Can Mrs. Gilbert read and write any section of the constitution?—A, I 
don’t know, sir. 

Q. Can Miss Laura Sykes?—A. I don’t know that. 

Q. The registrar did not raise any objections to their not being on the regis¬ 
tration book?—A. No, sir. They wrote their names on the ballots. 

Re-redirect examination by Mr. Adams : 

Q. Do you know that?—A. Yes, sir. 

Q. You say you wrote their names?—A. Yes, sir. 

Q. Did they do it themselves—A. Yes, sir. 

Q. You saw them?—A. Yes, sir. 

Q. And you don’t know whether they could read the constitution or not?— 
A. No, sir. 

Q. Those votes were refused as absentee votes, upon the grounds that you 
have already stated in your testimony?—A., Yes, sir. 

Q. The registrar, himself, at that time, did not assign any particular excuse 
for not voting them?—A. No, sir. 

Q. Only that they did not come through the proper source?—A. No, sir. 

A. T. HOLMAN, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr, Adams : 

Q. Where do you live?—A. Lower Creek Township. 

Q. Do you know Miss Josie Corley?—A. Y'es, sir. 

Q. Did you see her on election day?—A. Yes, sir. 

Q. Where did you see her?—A. Met her out here in the road. 

Q. Do .you know any reason why she should vote an absentee vote on that 
day?—A. No, sir; I don’t, 

Q. Did she appear to be sick?—A, No, sir. 

Q., Do you know that she voted an absentee vote?—A. Yes, sir. 

Q. Did you see the vote?—A. Y'es, sir. 

Q. In what township?—^xV. Lower Creek. 

Q. Was your wife registered?—A. Yes, sir. 

Q. She was refused to be allowed to vote?—A. Yes, sir. 

Q„ On what grounds did they refuse to vote her?—A. He first claimed he 
hadn’t registered her, and then claimed he registered her, owned up to it, and 
asked me what he did with the card he registered her on. She signed her own 
name. He never asked her to write anything or read anything. 

Q. Did he let her vote that day?—A. No, sir. 

Q. How would she have voted?—A. The Republican ticket. 

Q. Can she read and write?—A. Yes, sir, 

Q.. Did you come with her to register?—A. Yes, sir. 

Q. You saw her put her name down?—A. Y^es, sir. 

, Cross-examination by Mr. Squires : 

Q. Can she read and write any section of the constitution?—A. Yes, sir. 

Q. Did you see her try?—.A. She reads and writes anything she wants to. 

Q. She was the lady that refused to read to-day?—A. Yes, sir., He claimed 
that he tore the card up and throwed it away because it didn’t suit him. 

Q. The real reason he assigned was that she couldn’t read and write?—A. He 
never said a word about it. » 


586 


CAMPBELL VS. DOUGHTON. 


Q. You don’t know whether he re.i>:istered her or not?—A. Yes, sir. 

Yon nevei- saw her iianie on the book?—A. 1 saw him put it on the card, 

Q, Yon never heard hiiiT say he was jtoing to register her?—A, Yes, sir, 

Q, What Holman was indicted for distnrl> ns the election?—A, Not me; tliey 
had a warrant for my pa, 

Q, Didn’t yon and yonr family endeavor to create a disturbance?—A, They 
claimed they had a warrant for me, but it was never served, 

Q, Yon did assault the registrar?—A, I talked a little bit ronjth, 

Q. Yon assaulted him?—A, I talked a little rough to him. I’ll tell you what 
I asked him, 

Q, Answer my question. Did yon assault the registrar? Did you strike 
him?—A, No, sir, 

Q, Did yon offer to strike him?—A, No, sir, I asked him to come out there, 
back of the polls, 

Q, What did you intend to do?—A, I expect I would have hit him, 

Q, Yonr intention was to intimidate him?—A, I had a right to, 

(}, Yon had a right to intimidate the registrar?—A, I think so, 

Q, Your idea was to take the law into your own hands?—A, Well, no. 

Redirect examination by Mr, Adams : 

Q, You went with yonr wife to register?—A, Y’^es, sir, 

Q, Then, on this day when he refused to let her vote, I believe yon said he 
had destroyed the card?—A, Yes, sir, 

Q, He didn’t have it?—A, He certainly did not. 

Recross-examination by Mr, Squire : 

Q, If she can read and write, why did she refuse to do it to-day? Y’^on would 
not refuse to read and write?—A, I would not think so, 

Q, If you could do a thing it would be your policy to do it; you would have 
read?—'A, She proved it. She wrote there at the polling place. They asked her 
to read and write, and she wrote, 

Q, Her name?—A, Yes, sir, 

Q, Did she read the constitution?—A, They never gave it to her, 

Q, You never heard her try to read?—A, I did not, 

(The hearing is adjourned until Wednesday morning, 10 a, m.) 

Pursuant to adjournment, the hearing is resumed on Wednesday morning, 
March 9, at 10 a. m. 

The contestee, through his counsel, renews all of his petitions made on the 
minutes of yesterday, 

Mr, TOM WHISNANT, a witness introduced by the contestant, being first 
duly sworn, testifies as follows: 

Direct examination by Mr, Adams: 

Q, What is your name?—A, Tom Whisnant. 

Q, Where do you live?—A, Lenoir Township, 

Q, Did you vote at the last election?—A, Yes, sir. This was my first time. 

Q, In what precinct did you vote?—A. In Lower Creek. 

Q. Did you ever live in that precinct?—A. I was in there when I was a little 
bit of a fellow. 

Q. When you were a little boy?—A. Y'es, sir. 

Q. How old?—A. I was about, I reckon—I don’t know exactly how old. I 
was pretty large. 

Q. Did you register in that precinct?—A. No, sir. 

Q. Were you registered anywhere in this county to vote?—A. No, sir. 

Q. Who voted you in tliat precinct?—A. I don’t know who did it. 

Q. Did anybody come to you to go and vote?—A. There was two fellows come 
to me and brung me to the courthouse, and give me two drinks of liquor and $2. 
Q. What for?—A. To vote. 

Q, What ticket?—A, Democratic ticket. 

Q. And then you went down to Lower Creek precinct and voted it?—A.. Y’^es, 
sir. 

Q. Do you know who gave you this money and this liquor to vote this ticket?— 
A. No, sir; don’t know nothing about nary one of them. 

Q. Would you know them if you would see them?—A. No, sir; I would not. 
Q. Did you point that fellow out to anyone that day?—A. I showed him to 
Wade Correll. 

Q. On election day?—A, Yes, sir. 


CAMPBELL VS. DOUGHTON. 


587 


Cross-examination by Gov. Newland : 

Q. You sold your vote, did you?—A. No, sir, 

Q. Well, did you vote for the liquor and the money?—A. Yeij, sir. 

Q. Is that what made you vote?—A. Yes, sir. 

Q. Then you sold your vote?—A. l"es, sir. 

Q. Did 3 ’ou know it was wrong?—A. No, sir; I didn’t know anything about it. 

Q. You didn’t know it was wrong to sell your vote?—A. No, sir. 

Q. You swear that, do you?—A, Y’^es, sir. 

Q. Whom did you vote for for Congress?—A. I don’t know; I was just voting 
the Democratic ticket. 

Q. How do you know, if you don’t know whom you voted for? Drunk as 
you were, you might have voted the Republican ticket, might you not, and 
not known it?—A. That is all I know about it. 

Q. You don’t know whether you voted the Democratic ticket or the Repub¬ 
lican ticket, drunk as you were?—A. No, sir. 

Redirect examination by Mr. Adams: 

Q. Was anybody else with you when you voted?—A. Them two fellows was. 

Q. What two fellows?—A. I couldn’t tell who they was. 

Q. Those two fellows voted with you at the same time?—A. Yes, sir. 

Q. They gave you this liquor, that made you drunk, to encourage you to 
vote the Democratic ticket? 

(Contestee objects.) 

Q. And those parties carried you down to that precinct to vote?—A. Yes, sir. 

Recross-examination by Gov. Newland : 

Q. Y"ou don’t know the name of a single man you voted for, do you?—A. 
No, sir, 

Q. And you don’t know whether you voted the Democratic* or Republican 
ticket?—A. No, sir. 

Mr. WADP] CORRELL, a witness introduced by the contestant, being first 
duly sworn, testified as follows: 

Direct examination by Mr. Adams : 

Q, Your name is. what?—A. Wade Correll. 

Q, Where do you live?—A. South Lenoir Township; Caldwell County. 

Q. How long have you lived in this county?—A. Well, I have lived in this 
county all of my life—32 years. 

Q. bid you see Tom Whisnant vote on election day?—A. Yes, sir. 

Q. At what precinct?—A. At Lower Creek. 

Q. The man that just testified?—A. l"es, sir. 

Q. Did you challenge his vote?—A. I told them he didn’t have a right to 
vote in that precinct. His name was not on the registration book in that 
township. 

Q. Do you know whether he was refused in his own township that day?—A. 
Yes sir 

Q. Because he wa.sn’t on the book?—A. Yes, sir. 

Q. He voted in this precinct where he didn’t live?—A. Yes, sir. 

Q. Did any other parties vote with him?—A. One went with him from the 
courthouse. 

Q. You don’t know who the fellow was?—A. I do not. A Triplett boy was 
with him. 

Q. Do you know his politics?—A. Democratic. 

Q. Did you get after Whisnant that day about voting and not being entitled 
to vote^_A Yes sir. 

Q. Did he tell you who got him to vote that day?—A, He pointed him out 

to me. ^ , 

Q. Whom did he point out to you?—A. Mr. Moore, the clerk of the court 

of this county. 

Q. What is Mr. Moore’s politics ?--A. He is a Democrat. 

Q. Did John Preswood vote in that precinct that day?—A. In South Lenoir. 

Q. Is he a resident of that precinct?—A. Well, he had been. He had been 
away for something nearly a year. 

Q. He came back three or four weeks before the election?—A. Yes, sir. 

Q. Where had he been?—A. He said Ohio. 


588 


CAMPBELL VS. DOUGHTON. 


Q. He had been living np there?—A. He had been working tliere; some¬ 
thing near a year. He was back np there at work. I saw him since the election, 
but I don’t know where he is. 

Q. Did Green Michael vote?—A. I saw him give his ticket. 

Q. Who was taking the tickets?—A. I saw him come in and give in his 
ticket. 

Q. Does he usually vote the Democratic ticket? 

(Contestee objects.) 

A. His people, some of them, vote the Republican ticket. 

Q. And some vote the Democratic ticket?—A. Yes, sir. 

Q. Where -is he now?—A. He is in South Lenoir. 

Q. Where had he been before this time?—A. He had been living there four 
or five years; in South Lenoir. He voted in Lower Creek precinct. 

Q. And lived in Lower Creek?—A. No, sir; South I.enoir. 

Q. That is where he lives?—A. Yes, sir. 

Q. And never has lived in Lower Creek?—A. Not tluit I ever knew of. I 
have known him four or five years. 

Q. And yet he voted there that day?—A. Yes, sir. 

Q. Do you know anything about Fred I’reswood not registering?—A. I just 
know what he told me. 

(Contestee objects.) 

A. (Continuing.) He told me that he brought his wife up here to vote her, 
and hadn’t registered, and didn’t intend to register and vote. He wasn’t 21; 
lacked four weeks of being 21. When he came np to bring her they got after 
him to vote, and he told them he was not old enough, and they told him it 
didn’t make any difference, and he voted. He said if it was to do over he 
would not do it. Said he lacked four weeks of being 21. 

Q. He told you he swore he was 21?—A. He said he didn’t swear, 

Q. He said he voted the Democratic ticket?—A. That is what his principle is. 

Q. That is what he said he voted?—A. Yes, sir, 

(Contestee objects to the last question and answer, as to what he said.) 

Cross-examination by Gov. Newland : 

Q. You have .spoken of two Preswoods—.John and Fred. Whose son is 
.Tohn?—A. Mrs. John Preswood’s. 

Q. He lived 3 or 4 miles out of town?—A. Yes, sir. 

Q. Who is Fred?—A. He has been staying with his uncle. 

Q. Who is Ins uncle?—A. Willie Preswood. 

Q. Where does he live?—A. About 2 miles from here, in South Lenoir Town¬ 
ship. 

Q. Did you see .John vote?—A, Yes, sir. 

Q. And you say you don’t know what ticket he voted, but just saw him 
vote?—A. I saw him vote. 

Q, He told you he lacked four weeks of being 21?—A, No; that was Fred, 

Q. John was entitled to'vote?—A. He had been gone for something like a year 
and came back three or four weeks before the election. 

Q. He is an unmarried man?—A. Yes, sir. 

Q. Don’t you know there are 30 or 40 young men that go out to Cleveland to 
work and go backward and forward?—A. I know there are several of them. 

Q. Democrats and Republicans both?—A. I suppose so. I don’t know about 
them all voting. 

C>. I didn’t ask you about that. His home was here all the while?—A. His 
mother lived over there. 

Q. He is unmarrie^I and lives here now?—A. T haven’t saw him for a month 
or two. 

(). The last you knew of him. he was here?—A. He told me he was going 
back to Ohio. 

Q. To work?—A. Yes, sir. 

Q. That is, .John?—A. Yes, sir. 

Q. Fred has lived here all the time?—A. Yes, sir; been here all the time— 
four or five or six years. 

Q. And you don’t know how he voted?—A. No; I couldn’t swear to the 
ticket. T didn’t see it. 

Redirect examination by Mr. Adams ; 

Q. Do you know Andrew Harlis?—A. Yes, sir. 

Q. Did he vote there that day?—A. I couldn’t tell you. 


CAMPBELL VS. DOUGHTON. 589 

Q. Do you know where he is now—where he resides?—A. No; I don’t. I 
haven’t saw him for some time. 

Q. I believe you said that these Preswood boys lived in that precinct? That 
is, they had lived there?—A. Yes, sir. 

Q. And that these other two names were persons that did not live in the 
precinct?—A. That they voted in. 

Mr. N. L. GILLILAND, a witness introduced by the contestant, being first 
duly, sworn, testified as follows: 

Direct examination by Mr. Adams : 

Q. Your name is N. L. Gilliland?—A. Yes, sir. 

Q. Where do you live?—A. L>own here on South Main Street; 405. 

Q. Caldwell County?—A. Yes, sir. 

Q. Were you tlie Republican judge of elections for the election held Novem¬ 
ber 2, 1920’?—A. Yes, sir. 

Q. In South Lenoir precinct’?—A. Yes, sir. 

(i. About how many absentee votes did you have upon that day?—A. About 
71, I think. 

Q. How many of those absentee votes were Democratic votes and how many 
Republican votes?—A. I can’t say exactly, but about 10, I think, that was Re¬ 
publican ; about 10. 

Q. That would leave about 61 Democratic?—A. Yes, sir. 

Q. In those absentee votes there was a vote cast for James Roy Martin?— 
A. Yes, sir. 

'Q. Do you know’ where James Roy Martin lived?—A. Well, I have never seen 
any corresiwndence from him, but my understanding, in Chattanooga, Tenn.; 
Chattanooga or Knoxville, and I think Chattanooga. 

Q. How^ long has he been there?—A. My understanding is he wms here a week 
or twm after he came out of the service and then w’ent to Tennessee. 

Q. He has been there as much as a year or more?—A. I think so. I don’t 
know^ just when he came out of the service. 

Q. Do you know’ Della Wilson’?—A. No; I don’t. 

Q. You never heard of her?—A. Not that I know of. 

Q. Was she voted absentee that day?—A. Yes, sir. 

Q. Voted Democratic?—A. I think so. 

Q. That is the w’ay the record show^s?—A. I think so. 

Q. D. A. Smith—do you know' where he is?—A. That is Day Smith. He is 
here in tow'n now' and w'as at that time. He has been living in Virginia. 

Q. He and his wdfe both?—A. Yes, sir. 

Q. They hadn’t been living in this State tw'O years preceding the election?— 
A. No. I was w'orking in Virginia and seen him. He had his family there. 

Q. His wife voted dowm there that day?—A. I don’t know. I haven’t got 
anyone that corresponds wnth his wife’s name. 

Q. Mrs. Zaida Tuttle—do you know the nature of her absence? An absentee 
vote W’as cast for her.—A. That is Bob Tuttle’s wife, I think. 

Q. And Robert Tuttle voted there in person that day?—A. Yes, sir. 

Q. Where has he been living?—A. My understanding, in Georgia. His fam¬ 
ily has been there. 

Q. He is a Government employee?—A. My understanding; Revenue Depart¬ 
ment. 

Q. From Georgia where did he move?—A. I couldn’t say. I heard he w’as 
living in Salisbury, but I don’t know' as to that. 

Q. Was there an absentee vote cast for Claude Helen?—A. Yes, sir. 

Q. Where has he lived in this State for the past year or tw’o, do you know’?— 
A. My understanding, it is generally understood, in Cleveland, Ohio. 

(Contestee objects to understanding.) 

(}. Do you know’ which he has been in-A. I know^ he hasn’t been around 

here. 

Q. Do you know^ E. D. Holman?—A. Yes, sir. An absentee vote was cast 
that day for him. 

Q. Do you know' he hadn’t been living around here before election?—A. I 
know I haven’t been seeing him around here for several years. 

Q. An absentee vote w’as cast for E. J. Harbison?—A. Yes, sir. 

Q. Where do his family and he himself live, or w^here did they live then?— 
A. They didn’t live here then. 

Q. Do you know w’here they lived?—A. No. 



590 


CAMPBELL VS. DOUGHTON. 


Q. His family moved away?—A. Yes, sir. 

Q. He is a married man?—A. Yes, sir. 

Q. C. L. Johnson ; was an absentee vote cast for him?—A. Yes, sir. 

Q. Was he out of the State before the election?—A. Yes, sir. 

Q. Had he lived in this State two years prior to the election?—A. No, 

Q. Was there an absentee vote cast for Spurgeon Tuttle?—A. Yes, sir. 

(}. Has he been out of this State for years?—A. He has been away for several 
years. I haven’t seen him around here in I don’t know when. 

Q. Was an absentee vote cast for J. W. Grist?—A. Yes, sir. 

Q. Do you know that he had been away from here for years?—A. I know 
that he is oif somewhere. I don’t know where he is. 

Q. He is not around here?—A. No. 

Q. Was an absentee vote cast for J. M. Bush?— A. Yes, sir. 

Q. Do you know that he had not been in the State for two years prior to the 
election?—A. Yes, sir. 

Q. Was there an absentee vote cast there^for Charlotte Bush?—A. Yes, sir. 

Q. Do you know that she had not been in’the State for two years prior to the 
election?—A. I don’t know who Charlotte Bush is. I know a vote was cast 
for her. 

Q. A vote was cast there for a lady?—A. I don’t know who it is, unless it is 
Jim Bush’s wife. 

Q. Do you know where Jim Bush has moved?—A. He has been living in 
Virginia part of tbe time. 

Q. Is there any other Bush in that precinct?—A. That is the only J. M. Bush 
I .know. 

Q. Do you know a Charlotte Bush in that precinct?—A. I am not acquainted 
with any Charlotte Bush. 

Q. You don’t know where that absentee vote came from?—A. No. 

Q. Do you know Eugene P. Jones?—A. Yes, sir. 

Q. Where did he live at the time of the election?—A. I don’t know. 

Q. Do you know that he didn’t live here?—A. I know he wasn’t seen around 
here. I don’t know where he called his home. 

Q. Is he a maiTied man?—A. Not that I know of. I don’t know. 

Q. Was an absentee vote cast for R. E. Harris?—A. Yes, sir. 

Q. Do you know where he was living at the time of the election?—A. He works 
in (diarlotte. • 

Q. And had been for some time?—A. Yes. sir. 

i}. He is a single man?—A. He was; 1 suppose he is yet. 

(}. Did INIrs. Emma Hickerson vote there in i)erson that day?—A. Yes, sir. 

Q. Had she been living in this State for two years prior to the election?—A. 
Yes, sir. 

i}. Had she been living in this countj’ six months?—A. My understanding; 
her liome is at Kinston. She staj's down there. 

Q. What does she do there?—A. She is matron of the hospital down there— 
something or other down there at the feeble-minded school. 

Q. How long has she been down there?—A. How long has the hospital been 
down there? She went down about the time Dr. McNary—she went with him. 

Q. Did he live here?—A. He used to live here. 

Q. She stayed down there?—A. Yes, sir. 

Q. All the time?—A. Yes, sir. 

Q. She is a single lady?—A. A widow. 

Q. I believe you testified there were about 10 Republican votes among the 
absentees?—A. About 10. 

Q. These names 1 have asked you about appeared among the Demoeratic list 
of absentee voters. 

Contestee objects. 

Q. Do you know that those names were voted absentee?—A. Yes, sir. You 
have asked part of those names- 

Q. I have asked you about two names here that voted in i)erson—Hickerson, 
and who is the other?—A. Robert Tuttle. 

Q. Those others voted absentee?—A. Yes, sir. 

Q. Did you help put in the tickets there that day?—A. Yes, sir. 

Q. AVere Democratic tickets put in for those absentee i)eoi)le that you have 
testified about?—A. Yes, sir. 

Q. And there was no indication made by any of them as to voting split 
tickets, was there? Did they vote any split tickets?—A. I don’t remember 
that I noticed any scratched. 



CAMPBELL VS. DOUGHTON. 591 

Q. The registrar has those certificates—absentee certificates?—A He put 
them in his pocket; he should have them. 

Q. And envelopes?—A. Yes, sir; everything was put right back in the en¬ 
velopes. 

Q. You don’t know what he did with them?—A. No, sir. 

Cross-examination by Mr. Squires : 

Q. Roy Martin is your brother-in-law?—A. By marriage. 

Q. He went to the Army from Caldwell County?—A. Yes, sir. 

Q. And worked down here after he came back with * * =5= ^—a. I don’t 

know that he worked so very long. 

Q. How long did he work?—A. I am not going to say because I don’t know. 

Q. His home is still here with his father? Doesn’t he call this his home?— 
A. I don’t know whether he calls this his home. 

Q. You don’t pretent to say he is not, in contemplation of law, a citizen of 
North Carolina?—A. I claim a single man’s home is where he works and 
sleeps and eats. 

Q. So a single boy that goes away from home and takes a job loses his home 
and residence?—A. If he stays. 

Q. And if he goes away to school, that is the same thing?—A. Not exactly. 

Q. What is the difference? He is eating and sleeping down there.—A. It 
don’t make any difference. I don’t look at it the same. 

Q. You are not a lawyer?—A. No. 

Q. D. A. Smith—he has lived here all the time?—A. No. 

Q. He has got a home on the Morganton road?—^A. Yes, sir. 

Q. How long has he been living there?—A. I don’t know just when he came 
back. He came back sometime last fall. He went to Virginia and worked 
along with me, but he had been there before I went. 

Q. He never had any intention of making that his permanent home?— 
A. He moved out there and lived out there. 

Cy Don’t you know he went up there for the express purpose of doing war 
work in the shipyards?—A. No; I don’t know that; he worked at different 
places. 

Q. He went up there because he could get more money during the war period 
than he could at home? Don’t you know he never intended to make that his 
home?—A. No; I don’t know that. 

Q. Do you know that he did?—A. I know he lived up there and had his 
family up there. 

Q. You did too?—A. No; my wife was here in town. 

Q. You sent an absentee vote in?—A. Y^es, sir. 

(}. It was all right for you to work up there and send an absentee vote, but 
not for him?—A. He had his family with him. 

Q. Don’t you know, as a matter of fact, he never did move to the State of 
Virginia?—A. No; I don’t. He did go there. 

ii. Do you know what his intention was in that respect?—A. I only know 
what he was doing. 

i). Zaida Tuttle is the wife of Bob Tuttle?—A. Y^es, sir. 

Q. Don’t you know she lives in Salisbury, within a block of the United States 
Federal Building?—A. I don’t know. 

Q. She was raised in this county?—A. They lived here a while. 

She was married in this county?—A. Yes, sir. 

Q. And her husband went into the revenue service from this county?—A. 
Yes, sir. 

Q. And since that time has been engaged in the revenue service wherever they 
sent him?—A. Y^es, sir. 

(2. Don’t you know that Bob comes home and votes in the primaries?—A. I 
do«’t know.* I never had anything to do with the primaries. 

il You don’t know whether he paid a poll tax here or not?—A. No; I don’t. 

Q. You think simply because he is in Government work he has lost his right 
to vote?—A. He is living in Georgia, is my understanding. 

Q. I ask you if you think that, by being sent from home in Government work, 
that a man*loses his right to vote?—A. It is owing to the class of work. 

Q. Answer the question.—A. I think he lost out because he moved his family 
and left here. 

Q. He hasn’t got anything but a wife?—A. I don’t know how much family. 

(y Claude Helen is deputy sheriff?—A. Yes, sir. 

Q. He is an unmarried man?—A. I don’t know. 


592 


CAMPBELL VS. DOUGHTON. 


Q. How many liepnblic-ans voted in South Lenoir precinct that had been off 
at work in the iast two yeai-s?—A. I don’t know that I can tell you. Somewhere 
al>ont 10 votes were cast. 

Q. Will yon fto thronjth the i)oll lists and ^ive me a list of all the Republicans 
that have been off in the past two years? Will you do that?—A. I don’t know 
whether I can. 

You want to he fair about it, don’t you?—A. I am willing," to be fair. 

Q. Will you take the poll lists there and jrive me a list of all the Republican^ 
in South Lenoir pi-ecinct that have been away at work in the past two years? 

(Contestant ol).jects to the attorneys of the contestee requiring of the witness 
of the contestant that he furnish evidence for which the contestee has 40 days 
to procure.) 

Q. Will you do that, Mr. Gilliland?—A. No; I won’t. 

Q. Ed Holman is a single man?—A. I don’t know. 

He is a son of Pink Holman?—A. Yes, sir. 

Q. He went away to work? Don’t you know that he left here the 31st day 
of September last year?—A. I don’t know when he left. 

Q. And you are not prepared to swear that he is not a qualified voter in the 
State of North Carolina?—A. I know that he hasn’t been around here but very 
little in the last year or two or three; maybe more. 

Q. E. .1. Harbison was a professor in Davidson College?—A. He has been. 

Q. He stayed here for several years?—A. Yes, sir. 

Q. Don’t yon know he listed and paid taxes all the time, and his wife now 
teaches school ?—A. 1 don’t know where he pays his taxes. 

Q. Don’t you know he claims this to be his home?—A. No ; I don’t know it. 

Q. You don’t know where he pays taxes?—A. No. 

Q. C. J. .lohnson—who is that?—A. Collin Johmson; Lewis Johnson’s son. 

Q. He is a single boy off at work?—A. Yes, sir. 

Q. Where?—A. My understanding, Cleveland, Ohio. I don’t know where he is 
now. 

Q. He is a single man?—A. Yes, sir. 

Q. The home of his father is here?—A. Yes, sir. 

Q. Y"ou are not prepared to state that he does not claim this as his home?— 
A. Well, I claim- 

Q. What does he claim?—A. I claim it is out there. I don’t know what he 
claims. I never talked with the boy. 

Q. I asked you if you knew what his claim was?—A. No. 

Q. Spurgeon Tuttle’s boy was raised in Lenoir?—A. Yes, sir. 

Q. His mother still lives here?—A. I don’t know whether she is here now or 
not. 

Q. She is a property owner?—A. Yes, sir. 

Q. Y"ou know about all those boys that moved away, and don’t know where 
Mrs. Tuttle lives?—A. No, sir; I don’t know because I understand he came here 
and took his mother and his mother-in-law to the West with him. 

Q. That has been since the election?—A. Yes, sir. 

Q. You can’t tell by this record where Mrs. Tuttle’s home has been for the 
past two years?—A. Up to the election, it was here. 

Q. And she is a property owner in the town of Lenoir?—A. Yes, sir. 

Q. She has got a daughter living in California?—A. Yes, sir. 

Q. And one living in Lenoir?—A. Yes, sir. 

Q. Spurgeon is a drummer?—A. I don’t know. 

Q. Wiley (Jrist is a son of Mrs. Grist?—A. Y'es, sir. 

Q. And his mother is a property owner here?—A. Yes, sir. 

Q. And among the oldest citizens of the town of Lenoir?—A. Yes, sir. 

Q. And he is a boy that is away at work?—A. Yes, sir; I suppose so. 

Q. Unmarried?—A. Yes, sir. 

Q. He went to the service from this county?—A. I don’t know where he went 
from. 

Q. It is all right for a man to go to service, but not all right for him to vote? 
Do you think that is the proper conclusion?—A. I think he ought to vote where 
he makes his home. 

Q. J. M. Bush was working where?—A. Working for Jim Booth at West 
Point, I believe it is. 

Q. You swear he was there last election?—A. I can’t swear as to where he 
was last election. I think, maybe, he was down here at Lincolnton. 

Q. His home has always been here?—A. He had his family with him when 
he was at work at West Point. 



CAMPBELL VS. DOUGHTON. 


593 


Q. Didn’t be live in Virjrinia during war times, because he could earn more 
money?—A. No; he went up there to work for Jim Booth—or Jim Booth went up 
tliere to start a furniture factory. 

Q. He left home because he thought lie could—he went up there temporarily 
because he thought he could better his condition?—A. I don’t know whether 
lie went temporarily or not. 

D. Eugene Jones is a son of Capt. Edward Jones?—A. Yes, sir. 

Q. Born and raised here?—A. Yes, sir. 

Q. He fought in France as a citizen of Caldwell County?—A. I don’t 
know- 

Q. He sold life insurance around here last summer?—A. I don’t know. 

Q. He was here for that puiiiose?—A. I don’t know that. 

Q. Don’t you know he was here?—A. I saw him around here some. I would 
not know about him selling life insurance, only what some of the boys say. 

Q. He has always lived here?—A. Well, I don’t know, now. After he left 
here the last time, I don’t know whether he lived here. After his father died 
he came here and boarded. 

Q. Don’t you know he was clerk of the judicial committee in the present 
legislature that has just adjourned?—A. I don’t know it. 

Q. You never heard that?—A. No, 

Q. You haven’t made any effort to keep up with those fellows, have you?— 
A. No; I am not looking after them. 

Q. You don’t contend that he was not a citizen of Caldwell County?—A. I 
am not saying he was not a citizen, but if he left here with the intention of 
making his home somewhere else- 

Q. Did you challenge his vote that day?—A. No. 

Q. If you didn’t think he was a citizen why didn’t you?—A. I have got to 
know before I challenge a man’s vote. 

Q. You were a sworn officer of the law?—A. Yes, sir. 

Q. Did you challnge J. M. Bush?—A. No. 

Q. Charlotte Bush?—A. No. 

Q. Wiley Grist?—A. No. 

Q. Spurgeon Tuttle?—A. No. 

Q. Did you challenge any of those men?—A. No. 

Q. And yet you think to-day they were not qualified voters, but didn’t chal¬ 
lenge them?—A, I have found out since. Since then I have found out a whole 
lot more. My understanding was the challengers were to handle this and the 
ji^dges to pass on them. 

Q. You knew that as a matter of law you had a right to challenge them?— 
A. No; I didn’t read up on the election. 

Q. You held the election without reading the law? Which box did you stand 
behind?—A. National and State. 

Q. Congressional?—A, No. 

Q. You dont’ know how those people voted in the congressional box ?—A. No; 
I haven’t seen their tickets. 

Q. Who is R. E. Harris?—A. Ralph Harris. 

Q. He was away from home at work?—A. Yes, sir. 

Q. Just like those other boys. He is unmarried ?—A. Yes, sir. 

Q. His father lives here?—A. Yes, sir. 

Q. And grandfather; and prior to the war, he had worked here?—A. Yes, 
sir. 

Q. You swear Mrs. Hickerson has not been in this county in a year?—A. No. 

(,}. Does she ever come back?—A. I don’t know. 

Do you know whether she is living here now or not?—A. No. 

(}. You are not prepared to state whether she had been a citizen of Caldwell 
County for six months prior to the election, are you?—A. Nothing more than I 
know "that she is—I know her when I see her, because her husband was an 
Odd Fellow^ and I knew the children all went to the Odd Fellow’s Orphanage, 
and I knew I had not seen her around town. 

Q. Don’t you know that, for more than a year, she had been living down at 
her own house on Harper Avenue, taking care of an aged father and sick 
sister?—A. No; I didn’t. 

Q. You are not prepared to swear that she has not?—A. No. I understood 
that Mr. Minnish owned that. 


57695—21-38 





594 


CAMPBELL VS. DOUGHTON. 


Q, Don’t you know that she has been a taxpayer here ever since her husband 
died?—A. Well, no; I didn’t. It was my understanding that she had disposed 
of that property, and I didn’t know she had any more property. 

(}. Don’t you know that she left the Caswell Training School more than two 
years ago?—A. I know that she was down there at the Caswell Training School. 

Q. tiasn’t she been aw'ay from there for more than two years?—A. I don’t 
know about that. 

Q, And has been living in Lenoir for more than a year?—A. I don’t know 
that. 

Redirect examination by Mr. Adams : 

(}. You say you stood behind the National and State ticket boxes?—A. Na¬ 
tional and State ticket boxes, as well as. I remember. And then came the 
amendment boxes, 

Q. Were those persons, whose names you have testified to here, were 
Democratic tickets placed in the National and State ticket l)oxes for them?—A. 
Yes, sir. 

{}. Did the registrar read those votes out as Democratic tickets, when he 
took their tickets out of the envelopes?—A. He didn’t call the party. 

(). Did they have the tickets in the envelopes?—A. Yes, sir. 

Q. Was there any mention made of any scratch on those tickets or of any 
mixed ticket?—A. i don’t remember that there was a word said about being 
scratched. 

Recross-examination by Mr. Squires : 

Q. Did anyone, on behalf of the Republican Party, challenge those votes 
that day?—A. I don’t reniemher that there were any (»f those absentees chal¬ 
lenged. 

Re-redirect examination by Mr. Adams: 

Q. I believe you said there were about 01 Democratic absentee votes and 
about 10 Republican absentee votes?—A. Yes, sir. 

Re-recross-examination by Mr, Squires : 

Q. Who was your clerk that day that kept your poll book?—A. James Safford. 

Q. Is your poll book up here?—A. I don’t know. 

(}. Wliere is it?—A. I don’t know. I came from the factory up here, 

Q. Ihll Setzer voted that day as absentee?—A. Yes, sir. 

O. He was not registered?—A. Not under the new registi*ation. 

Q. He voted the Republican ticket?—A. Yes, sir. 

Q. And old man Jim Johnson voted that?—A. Y"es, sir, 

Q. He wasn’t registered?—A. Not under the last registration. 

Q. He voted the Republican ticket?—A. Yes, sir. 

Q. He didn’t register after the county board had ordered a new registra¬ 
tion?—A. No. 

Re-redirect examination by Mr. Adams : 

Q. You had a new registration here in this town?—A. In Lenoir Township. 
It was split in two and made into the North and South I.enoir precincts. 

(}. What irse was made in this registration of those cards they had talked 
about? Did you see any of those cards?—A. Yes, sir. My name was put upon 
a card. It was not put on the book when I went and registered. 

Q. And then it was transferred to the book?—A. Well, it was on the book 
election day. I never saw anything about it. 

Q. They carried those cards around—did the registrar carry them around with 
him?—A. I never saw him carry them with him. He had them when I regis¬ 
tered. 

Q. Was that at his registration place?—A. Yes, sii‘. 

Q. He had his registration book there also?—A, I don't remember that I saw 
any book. I don't remember any book there. Just a pack of cards. 

Q. What was the use of the cards?—A. I didn’t understand why the card 
system was used. 

Q. Did jaiu ever hear of them being used before?—A, No, sir. 

(2. Was there anyth'ng on this card other than the regular form of the regis- 
ti'ation book itself?—A. I don’t remember now. I never had the card in my 
hand, 

Q. The registrar made use of them?—A. Y’'es, sir. 


CAMPBELL VS. DOUGHTON. 595 

Mr. J. M. HARSHAW, a witness introduced by the contestant, being first 
duly sworn, testified as follows: 

Direct examination by Mr. Adams : 

Q. Where do you live?—A. I live in Lenoir, Caldwell County. 

Q. How long have you lived bere?^—A. About eight years. 

Q. Were you present upon election day at any of the voting precincts?—A. 
Yes, sir; I was here in the evening—afternoon. 

Q. Do you know W. S. Brawley?—A. Yes, sir. 

Q. In what precinct does he live?—A. South Lenoir. 

Q- Do you know whether he had been in the State two years preceding the 
election?—A. No, sir; he had not. 

Q. Do you know his wife, Mrs. W. S. Brawley?—A. Yes, sir. ' 

Q. Had she been in the State two years preceding the last election?—A. 
No, sir. 

Q. Do you know J. M. Bush?—A. Yes, sir. 

Q. Had he lived in the State two years preceding the last election?—A. No, sir. 

Q. Do you know J. R. Martin?—A. Yes, sir. 

Q. Do you know where he resides now, or did, at the last election?—A. No; 

I don’t. 

Q. Did he live here?—A. If he did, I didn’t know it. 

Q. It was your general information that he was not living around here?—A. 1 
didn t say that, I don’t think. I said if he was here, I didn’t see him. 

Q. You dont’ know where he is?—A. No, sir. 

Q. Do you know he had not been around here for some time before election?— 
A. If he was I didn’t see him. 

Q. They are voters in what pi-ecinct?—A. South Lenoir. 

Q. What is their reputed politics? 

(Contestee objects.) 

A. Democratic. 

Q. Do you know H. S. Ross?—A. Yes. sir. 

Q. Do you know whether he had been in the State two years preceding the 
election?—A. Well, 1 know that he stays here every other night. 

Q. Where does he stay the other nights?—A. Chester, S. C. 

Q. Vv'hat is his occupation?—A. Conductor on the C. A N. W. Railroad. 

Q. Is this the termination of his run one day?—A. Y’'es, sir. 

Q. And the other end is the termination of his run the next day?—A. Yes, 
sir. 

Q. He sleeps here one night and one night in South Carolina?—A. Yes, sir. 

Q. And voted here?—A. I don’t know whether he voted here or not. I 
always heard he voted all the way from Chester up here; every precinct. 

Q. What is his reputed politics? 

(Contestee objects.) 

A. Democratic. 

Cross-examination by Gov. Newland. 

Q. Mr. Harshaw', W. S. Brawley is an engineer on the C. & N. W?—A. 
Yes, sir. 

Q. He has been running here how long?—A. Something like 25 or 30 years. 

Q. He married here in LenoR?—A. l’'es, sir. 

Q. And up to a few years ago owned a home here?—A. Yes, sir; up to a few 
years ago. 

Q. And when his run takes him away from Lenoir, for any length of time, 
he takes his family with him and stays there; isn’t that true?—A. Not that I 
know of. 

Q. How many different times have you known of him living in Lenoir; mak¬ 
ing this his home?—A. He made his home here up to the time he moved to 
Chester. He had always made his home here. 

Q. When he went to Chester, you don’t know that that was a matter of con¬ 
venience, and that he still regarded this as his home?—A. I know he told me he 
had moved to Chester. 

Q. He was living here on election day?—A. Yes, sir. 

Q. He voted here two years ago?—A. I don’t know. 

Q. His son is an unmarried boy?—A. Y^es, sir. 

Q. They lived with him?—A. Yes, sir. 

Q. And if he is entitled to vote here, why, they are?—A. Yes; if he is en¬ 
titled, they are. 

(). And he has lived here since you have known him?—A. Yes,, sir. 


596 


CAMPBELL VS. DOUGHTON. 


Q. And a great deal more tlian lie lias anywhere else?—A. Oh, yes; he 
lived here all the time until he moved to Chester. 

Q. Now, yon said something about J. H. Martin; who is he?—A. Roy Martin; 
Tate Martin’s son; that is my understanding. 

Q. You didn’t see him vote?—A. No, sir. 

Q. You don’t know how he voted?—A. No, sii’. 

Q. Or whether he voted at all?—A. No, sir. 

Q. Now, Capt. Ross is an unmarried man?—A. Yes, sir. 

Q. He has been running on the C. & N. W.-A. Ever since I knew him. 

Q. I’^ears before you came here?—A. Yes, sir. 

(}. Tie pays his iioll tax here?—A. I don’t know, sir. 

Q. And spends one night in Lenoir and one in Chester?—A. Yes, sir. 

Q. You don’t know whether he pays his poll tax here or not?—A. No, sir. 

Q. I suppose that remark you made about his voting in every precinct, from 
Chester up hei'e was a piece of iileasantry?—A. I heard it. I heard N. T. Webb 
say it last week. He is a traveling salesman from McClung & Co. 

Q. Y^ou don’t know that it is ti’ue?—A. Not of my own knowledge. 

Q. Mr. Webb, that traveling man. lives in Asheville?—A. I don’t know. 

Q. He doesn’t live around here?—A. No; I see him here pretty often. I went 
down on the train with him last week, and he made that remark to me. 

Q. In a .ioking way?—A. No, sir; it wasn’t in a .ioking way. 

Redirect examination by Mr. Adams: 

Q. INIr. Harshaw, this Rrawley family that you speak of, had they been moved 
back from Chester, South Carolina, two years on election day?—A. No, sir. 

Q. And the whole family moved down thei’e and lived?—A. Yes, sir. 

Q. And Mrs. W. S. Brawley is the wife of W. S. Brawley?—A. Yes. sir. 

Q. And J. INI. Brawley is their son?—A Y’^es, sir. 

Q. They were all living in Chester, South Carolina?—A. Y^es, sir. 

Mr. T. W. AUSTIN, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by INIr. ADA]yrs: 

Q. Mr. Austin, where do you live?—xY. Here in Lower Creek Township. 

Q. Were you the Republican .iudge down in Lower Creek Township on election 
day?—A. Y"es, sir. 

Q. About how many absentee votes did you have down there, that day, if 
you know?—A. Well, I think .something like (10; maybe more. 

Q. Do you know how many Democrats and how many Republicans?—A. I 
don’t know a thing about that. 

Q. The only thing you know, there was something like 60 votes?—A. Y^es, sir, 

(No cross-examination.) 

Mr. J. V. GROGG, a witness introduced by the contestant, being first duly 
sworn, testitfied as follows : 

Direct examination by INIr. Adams: 

Q. Your name is ,1. V. Grogg?—A. Yes, sir. 

(}. Where do you live?—A. I live in .lohns River Township: Caldwell County. 

Q. Were you registrar in that precinct the last'past election?—A. Y"es, sir. 

i}. About how many absentee votes, did yon have there, if you remember?—A. 
I don’t remember exactly; something like 10 or 12. 

Q. How many of them were Republican votes?—A. I don’t remember, but I 
think there were three. 

Q. Did you make any return of those certificates and ballots to the registrar 
of deeds for this county?—xY. I just don’t remember whether I did that or not. 

Q. Did you seal up those certificates and ballots and return them to the 
register of deeds, or did you keej) them?—A. I think I have them. I brought 
them here when I made the return, but whether I left them, I don’t remember. 

Q. Did you tender them to him?—A. I just don’t remember. 

Q. Did you have them with you here to-day ?—A. No, sir. 

Q. How were those certificates? YVas the vote in the envelope with the cer¬ 
tificate, or was the certificate inclosed directing you to vote a straight ticket?_ 

A. The ticket was inclosed. 

Q. Do you have those tickets now?—A. No, sir. 

Q. You haven’t preserved them?—A. No, sir. 



CAMPBELL VS. DOUGHTON. 


597 


Q. \\eie you present jit the registration place on each of the registration days 
recpiired by law?—A. Yes, sir. 

Q. And da>s, other than registration days, did you go about through the com¬ 
munity registering i)eople? — A. Yes, sir; I did register a few; both Democrats 
and Uepublicans. 

Q. As you came to them?—A. Yes, sir. 

Q. Regardless of politics? — A. Yes, sir. 

Q. Did most of the Republicans register early in that section?—A. Well, just 
gradually along; occasionally one came in ; no particular rush at any time. 

Q. About how many voters did you have in your precinct, Mr. Grogg?—A. 
Well, sir, I couldn’t tell you just how many there was. 

Q. Do you remember how many new registrants you had?—A. No, sir; I don’t, 
but I think there Mms something like 50 or 60i 

Q. New registrants?—A. Yes, sir. 

Q. And then you had on the books before that about how many?—A. I just 
don’t remember. 

Q. Did you have a new registration in that precinct? Make out a new reg¬ 
istration book and transfer your old registration to the new book?—A. Yes, sir. 

Cross-examination by Gov. Newlanu : 

Q. Mr. Grogg, just one question : Did those absentee votes that you voted have 
the uJime of the person for whom they were cast written on the back and did 
they have.the name of the voter on the back of them?—A. On the back of the 
ticket. 

Q. Y'es, sir.—A. I am not able to tell you whether they did or not. 

Q. If it was there, you didn’t see it?—A. No, sir; I don’t remember. 

Q. You didn’t see any of them marked?—A. No, sir. 

Q. Certain absentee votes were mailed to you?—A. Yes, sir. 

Q. And in that envelope were the tickets that you all voted?—A. Yes, sir. 

Q. And now you say you didn’t see any names written on those absentee 
tickets?—A. I don’t remember that I did; no, sir. 

Mr. JOHN M. CRUMP, a witness introduced by the contestant, being first 
duly sworn, testified as follows: 

Direct-examination by Mr. Adams : 

Q. Where do you live?—A. In Caldwell County. 

Q. In what precinct?—A. Gamewell precinct. 

Q. You were the registrar in that, precinct for the last election?—A. Yes, sir. 

Q. Well, Mr. Crump, how many new registrants did you register in that pre¬ 
cinct?—A. How many new names? 

Q. Yes, sir.—A. About 195; something like that; 194 or 195. 

Q. How many old registrants did you have on the book?—A. About 190. 

Q. Did you register each of those in person, or did you send cards out to 
some of them and let them send their names in?—A. No; I registered each 
person. 

Q. You didn’t make use of the card?—A. Yes, sir; I used the card. 

Q. What was the use of this card?—A. I don’t know unless it was to keep 
the registration book clean. I never did—I just thought it was to keep the 
registration book clean and neat. 

Q. Generally they let them put their names on the cards and brought them 
in and transferred the name to the registration book?—A. Yes, sir. 

Q. Did anybody else have cards to carry about for people to put their names 
on?—A. Nobody but me, that I know of. f 

Q. Did you go about through the precinct registering people?—A. Some. 

Q. You carried those cards with you?—A. Yes, sir. 

Q. You didn’t leave those cards with people to put their names on and send 
them in?—A. No; I never did. 

Q. With no persons at all; with any of the persons to fill out the blanks and 
put their names on and then bring them to you?—A. No. 

Q. Did you carry cards with you at times and leave the book at home?—A. 
Yes, sir. 

Q. Just took the cards out and registered by card?—A. Yes, sir. 

Q. Who provided you with those cards?—A. I don’t know that. 

Q. You don’t know where you got those cards?—A. No; they were sent to 
me by package through the mail. 

Q. Did they come with the registration book?—A. I don’t know that. They 
came right along about the time. 


598 


CAMPBELL VS. DOUGHTON. 


Q. Were there any instructions as to what use to make of them?—A, No; I 
don’t know that there was. 

Q. Mr. Crump, how many absentee votes did you vote?—A. I don’t know 
exactly; 23 or 24. 

Q. Do you remember how many of those absentee votes were Republican 
votes?—A. I don’t know. 

Q. Approximately?—A. I think, well, I would say, I don’t know. I don’t 
think there was more than 6 or 7 or 8, or maybe 10. 

Q. Did you make any return of those absentee certificates and ballots to the 
register of deeds for the county?—A. I brought them in, the whole thing, after 
the election. I took them to Mr. King and filled out the certificate and put it 
back in the box and brought it all in and turned it over to a la\vj^er. 

Q. Whom did you turn it over to?—A. A lawyer. 

Q. What is his name?—A. I think his name is Scholl; I am not sure. 

Q. One of the Democratic lawyers?—A. I don’t know. It was at Democratic 
headquarters. 

Q. Your idea was to bring them in and turn them over to the register of 
deeds?—A. I didn’t know to turn them over to anybody. 

Q. What was your purpose to turn them over to Mr. Scholl?—A. I brought 
everything I had that belonged to the county and turned it over—all the books, 
cards, and everything. 

Q. This lawyer was not chairman of the board of elections in this county, 
was he?—A. Old man Bush, I think, was chairman, but this lawyer was the 
man that done all the writing. 

Q. That was the canvassing board; Mr. Scholl was clerk of the canvassing 
board. You turned them in to the canvassing board?—A. Yes, sir. 

Q. That was your idea of what to do with the ticket?—A. Yes, sir; to turn 
them over to the authorities. 

Q. Your idea was that they should be sealed up in envelopes?—A. I sealed 
them up. 

Q. And brought them in and delivered them to-A. I laid them down on the 

table. ' 

Cross-examination by Gov. Newland : 

Q. There were none of those absentee votes that had the name of the voter 
written on the back of them or on the margin?—A. I never saw one. 

Redirect-examination by Mr. Adams ; 

Q. You say it was your idea that those tickets should be sealed up and re¬ 
turned ?—A. It was this way: I knew they weren’t mine, and I didn’t know what 
to do with them, and- 

Q. You did seal them up?—A. I sealed them up and brought them in with the 
extra blanks and everything I had that belonged to the county. 

Q. You say none of those ballots were marked?—A. No. Some were marked 
on the outside. No waiting on the inside. I never saw a bit of writing on the 
inside. 

Q. You didn’t turn them over to the register of deeds?—A. I turned them 
over with the books on the table. Mr. Crisp was there. 

Recross-examination by Gov. Newland: 

Q. Mr. Crisp is the register of deeds?—A. Yes, sir. 

Mr. D. B. KING, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Adams : 

Q. Where do you live, Mr. King?—A. Caldwell County, Gamewell precinct. 

Q. Were you present on election day—A. Yes, sir. 

Q. You were Republican judge?—A. Yes, sir. 

Q. Was a Democratic vote cast there for Luther S. Cannon—an absentee 
vote?—A. Yes, sir. 

Q. Does he live in this county?—A. Not that I know of. 

Q. In that precinct?—A. No, sir. 

Q. Has he lived there for years?—A. He lived there several years ago. Not 
since I have known anything about the precinct. 

Q. How long have you been there?—A. I was born and raised in the precinct, 
but since I have been anything like grown I have not seen him. 

Q. Do you know where he is?—A. No; 1 don’t know where he is. 




CAMPBELL VS. DOIJGHTON. 


599 


Cross-examination by Gov. Newland : 

Q. Mr, King, Connor has been voting at that box for the ^ast 20 years, hasn’t 
I don’t know anything about that. He voted two absentee votes. 

Q. And before the absentee law, I will ask you if he didn’t come home and 
vote?—A. I don’t know anything about that. I never saw the man. 

Q. You don’t know that he is in the city of Washington, with a Government 
job, and has been for 20 years?—A. I don’t know anything about that. 

Q. Isn’t that the general irniu-ession?—A. It is said that he is in Washington, 
but I don’t know where he is. 

Q. The envelope was postmarked Washington?—A. I suppose so. 

Q. Has anybody told you to say you didn’t know where this man Avas. but 
just to swear he wasn’t here?—A. No. 

Q. Has anyone told you, within the last 80 minutes, to swear that these folks 
weren’t here and that you didn’t know where they were?—A. No, 

Q. Has anybody talked to you about it?—A. I have been talking some. 

Q. To whom?—A. These attorneys here. 

(). Which ones?—A. That gentleman there. 

Q. He is a son of the contestant, isn’t he?—A. I don’t know. 

Q. Was there anything said about Luther Connor?—A. I told him about 
being an absentee vote and that I knew nothing about him. 

Q, Was anything said about you not knowing where he was?—A, No. 

Q. What did he say to you?—A. I don’t know just what he said. 

Q. That has not been so long. You can certainly remember what was 
said in the last 20 minutes?—A. I told him that was the only one, and he 
said—I just told him he wasn’t out there, and I didn’t know anything about 
him, and he said that was all he wanted me to swear; that I knew nothing 
about him. 

Q. That township, or precinct, went largely Republican, didn’t it?—A. Yes, 
sir. 

Redirect examination by Mr. Adams : 

Q. Did you ever hear that this gentleman was working in Washington?— 
A. Yes, sir; I have heard something to that effect. I have heard he was work¬ 
ing there, but I didn’t know a thing about where he is. People say that is 
where he is, but I don’t know how that is. 

Q. Is it reported that he has been there about 20 years?—A, I don’t know 
how long. I never did see the man. There is talk that he used to live in 
that precinct, and he hadn’t sent a vote back for several years. He sent one 
back this last election and two years ago. 

Q. But nothing prior to that time?—A. Not for several years. 

Q. He has got no family living down there?—A. Nowhere that I know any¬ 
thing about. Some Connors live in that section of the country, but I don’t 
what relation they are. 

Recross-.examination by Gov, Newland : 

Q. You did not challenge his vote?—A, No, sir. 

Q. You say—I will ask you this question: Will you swear positively that 
the gentleman AAdio talked to you did not tell you to say that this man voted 
an absentee vote, and was away from there, but you didn’t know where?—A. 
No; he didn’t tell me anything about that. 

Re-redirect examination by Mr. Adams : 

Q. You are testifying to what you know, and this is from your own informa¬ 
tion?—A. My own information. 

Q. You were raised in that community?—A. Yes, sir. 

Q. And this man has not lived there?—A. Not for a few years; at least not 
for a few years. 

Q. That is sufficient to satisfy you without anybody informing you?—A. It is. 

(The hearing adjourns until 10 o’clock Thursday morning.) 

(The hearing is resumed Thursday morning at 10 o’clock and the following 
proceedings had: 

(The contestee renews the objections heretofore spread upon the record at 
the opening of the hearing on Monday, March 7, and Tuesday, March 8, as 
fully as though they were again set forth in full.) 


t 


GOO 


(CAMPBELL VS. DOUGHTON. 


Mr. SHULER IMPLSSICK, a witness introduced by the contestant, being first 
duly sworn, testifies as follows: 

Direct examination by Mr. Adaims : 

Q. Your name is what?—A. Shuler Messick. 

Q. Where do you live?—A. Patterson. 

(}. Were you registrar for that precinct at the last election?—A. Yes, sir. 

(L And as registrar you presided as one of the judges and officials on elec¬ 
tion day?—A. Yes, sir. 

Q. How many new registrants did you have down at that precinct?—A. I 
couldn’t say exactly ; I don’t remember. 

(J. Were all the names that were registered new there put on the book by 
you?—A. Yes, sir. 

Q. How many absentee votes did you have?—A. T couldn’t sa.v. 

Q. xVpproximately how many?—A. Fifteen. 

Q. Do you know how many Republicans?—A. No, sir; I don’t. 

Q. Were they one-third Republicans?—A. I don’t think there was. I don’t 
know. 

Q. Those absentees—did they register before you?—A. Why, I don’t remem¬ 
ber as they did. 

Q. Were there any of those absentee voters that had not voted in that precinct 
before?—A. Not that I know of. 

Q. Were any of them ladies?—A. I believe so; I am not sure. 

Q. The ladies had not voted before, had they?—A. I reckon not. 

Q. How did those ladies register?—A. They must registered there with me. 
I don’t remember. 

Q. Y"oii don’t remember whether they did or not?—A. No. 

Q. You won’t swear that they did?—A. All that registered at all registered 
with me. I registered all that was registered. 

Q. Would you swear that those absentee voters that were ladies registered 
before you?—A. Wh.v, Mrs. .Tones, down in the valley, registered before me. She 
was an absentee voter. And Mrs. Faw registered before me. 

Q. How did you get the name of R. S. Setzer on your registration book?—A. 
Why, he was registered, as I understood it, by the county board of elections. 

Q. Did he certify to you that he was registered before him?—A. Y"es, sir; in 
a card. 

Q. He sent the card to you?—A. Yes, sir. 

Q. That is what he sent to you to show he was registered?—A. Yes, sir. 

Q. Now, then, IMr. IMessick, do you know how long R. S. Setzer had been gone 
from this county?—A. No; I don’t remember. 

ii. Do you know that he had been gone?—A. Yes, sir. 

Q. Do you know where he was gone?—A. Yes, sir. 

Q. Where is he?—A. He was in Cleveland at the time. 

Q. Cleveland, Ohio?—A. Yes, sir. 

(}. He had been there for several months?—A. I don’t know how long. 

Q. H. H. Setzer also?—A. Yes, sir. 

Q. Pie had also been at Cleveland, Ohio?—A. Yes, sir. 

Q. For a good while before the election?—A. Yes, sii-. 

Q. He was living out thei*e and working?—A. Yes, sir. 

Q. Do you know whethei' either one of those gentlemen is married?—A. H. H. 
is not married. 

Q. R. S.?—A. He has been married; his wife is dead. 

(p They voted absentee votes there that day?—A. Yes, sir. 

Q. Democratic?—A. Yes, sir. 

0- I^id you return those absentee votes to the registei’ of deeds of this 
county?—A. Why, no, sir, I don’t think I did. As well as I remembei’. 

P>o you have those absentee votes now?—A. I don’t i-emember whether I 
have or not. I might be able to find them. 

(P You don’t know where they are’?—A. No, sir. 

Q. Were those absentee votes vote<l by certificates or were the ballots in¬ 
closed with the certificates? Di<l they just have the certificate directing you 
to vote a straight Democratic or Repul)lican ticket, or were the ballots in¬ 
closed in the enveloi)e?—A. The ballots were inclosed, as well as T remember. 

Q. Were any of those ballots marked for the purpose of identification’?—A. 
I don’t rememlcer any marks on them. 

Q. You say the chairman of the hoai’d of ek'ction of this count> scmt a card 
to you. showing those fellows had registered. Did he send the ctii'd they had 
signed?—A. I don’t i-emember about that. 


(’AMPBELL VS. DOUGHTON. 


601 


Q. (lid he (hdiver any certilieate to you certifying that tliev had reg¬ 
istered before hiinV—A. Yes, sir. ' ” 

Q. And then sent the card to you, aisoV—A. The.^• notilied me, the county 
hoard of election, that these fellows were registered. 

Q. Who iiotlhed you?—A. They notilied me through the mail, by card or 
letter, (>r something; I don’t remember the details. 

Q- They had the card they used for the purpose of registrati(Ui?—A. I sup¬ 
pose they did. 

Q. nid you haye any cards sent to you to use in registrati(^nV—A. Yes, sir. 

Q. Similar cards to this’/—A. I don’t reniemher; I reckon it was. 

Q. You won’t swear that it was or it wasn’t?—A. No, sir. 

Q. 'ion won’t swear, then, that he sent a certiticate to you? You won’t 
swear that he deliyered a certificate to you, certifying that those persons were 
registered’.^—A. I told you all I knew about it. 

(,>. I am asking it he did.—A. I told you I would not swear, because I don't 
remember. 

Cross-examination by i\Ir. S(p;ii{Ks: 

Q. I ask you if there wasn’t a certificate, on the hack of one of the cards, 
that tho.se were all the voters that had registered in I’atterson t)recinct, or do 
you remember?—A. I don’t remember. 

Q. Yh)u got information from the hoard of elections that those people were 
registered?—A. I did. 

Q. And it was in the name of Mr. MinnislT/—A. Yes, sir. 

Q. And pursuant to that written notification you put them on y(nir book’?— 
A. I did. 

And they voted?—A. They did. 

Q. And Minnish is the chairman of the county hoard of elections’?—A. Yes, 
sir. 

Q. Setzer is the son of Sherman Setzer?—A. Yes, sir. 

(}. He lives in Patterson precinct?—A. Yes, sir. 

Q. This is his home?—A. Yes, sir. • 

Q. He was away temporarily at work?—A. Yes, sir. 

Q. He still calls that home?—A. Yes, sir. 

Q. Who is H. H. Setzer?—A. Sherman Setzer’s boy. 

Q. Patterson was his home?—A. Y^es, sir. 

Q. He was away temporarily at work?—A. Y^es, sir. 

Q. He still calls it home?—A. Yes, sir. 

Q. He lists and pays poll tax here?—A. Yes, sir. 

Q. Has he got any children—you said he had been married?—A. He had only 
been married a few months; his wife died. 

Q. How many Republicans in the same shape voted over there at Patterson 
precinct?—A. I don’t remember; several. - 

Q. Didn’t you have an agreement that if the question was raised neither side 
would challenge on that ground?—A. We agreed that all that was absent, away 
from home, should vote legally. ' 

Redirect examination by Mr. Auams : ' ^ 

Q. What kind of an agreement did you say was made as to the challenge of 
those absentee votes’?—A. We agreed that all that was away from home should 
vote legally. 

Q. R. S. Setzer has been out of this precinct, down there working, for some 
time?—A. Why, he has been at home; he has not been gone oA’er a month now. 

Q. He is out there at work now?—A. I don’t know where he is. 

Q. He is out there somewhere?—A. I don’t think he is at home now. 

Q. He had been out some time prior to the election?—A. Yes, sir. 

Q. H. H. Setzer was also out somewhere working then?—A. Yes, sir. 

Q. And he is out somewhere working now?—A. I don’t know; he was at home 
this winter. 

Q. You don’t know whether they are going back?—A. No: I don’t know. 

Recross-examination by Mr. Squikes : 

Q. You know they still count this their home?—A. They have not moved back 
and made their home anywhere else that I know of. 

Q. They still call it home?—A. Yes, sir. 

Re-redirect examination by Mr. Adams: 

Q. You don’t know that they intend to come back here?—A. I haven’t in¬ 
quired whether they intend to come back here. 


602 


CAMPBELL VS. DOUGHTON. 


Re-recross-examination by Mr. Squires : 

Q. They have been back since the election?—A. Yes, sir. 

Re-redirect examination by Mr. Adams : 

Q. They were back here on a visit; yon just know that they were here?— 
A. I know they were here. 

Q. You don’t know whether they came back to visit or not?—A. No. 

Q. They are gone now?—A. 1 think so; they are not there. 

Re-recross-examination by Mr. Squires : 

Q. Did Alec Elrod vote there absentee?—A. Yes, sir. 

Q. Where was he?—A. In Virginia. 

Q. What was he doing up there?—A. He was at Iron Gap, N. C., at the time 
of the election. He first went to Virginia, and then came to Iron Gap, N. C., 
and was there at the time of election. 

Was he a single man?—A. No, sir. 

Q. Was he a married man?—A. Yes, sir. 

Q. Was his family with him?—A. Yes, sir. 

Q. Were there any other Republicans who voted that moved away from the 
county that you remember of this minute?—A. Not that I remember of at this 
minute. 

Re-redirect examination by Mr. Adams : 

Q. AVas there an ab.sentee vote there that day for Victor Harrison?—A. 
Yes, sir. 

Q. Was it voted?—A. No. 

Q. Why not? AWiere was his home?—^A. Richland. 

Q. What precinct is that?—A. Richland precinct. 

Q. Was he not entitled to vote in that precinct?—A. No. Not in Patterson 
precinct. He was entitled to vote in Richland precinct. 

Q. Was he registered on your registration book?—A. No, sir. 

Q. Who was the registrar before you?—‘A. R. A. Woods. 

Q. Did he have the registration book?—A. Yes, sir. 

Air. F. D. GRIST, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Adams : 

Q. You name is F. D. Grist?—xV. Yes; sir. 

Q. In which voting precinct of Caldwell County do you live?—A. South 
Lenoir. 

Q. Were you the registrar there at the election of November 2 last?—A. 
Yes, sir. 

Q. You were also registrar at the local primary in the summer before?—A. 
No, sir. The precinct was not opened at that time. 

Q. Were you sworn as registrar?—A. I was. 

Q. By whom?—A. ]Mr. AV. C. Moore, jr., clerk of the superior court. 

AA'hat was the aggregate vote in your precinct for the election on Novem¬ 
ber 2, 1920?—A. Between eight and nine hundred. 

Q. Did you enter all of the names as registrar yourself?—A. No, sir. I was 
a busy man at the time and employed a clerk to do that, and superintended it. 

Q. All the names appearing on this registration book were entered by you 
or some one under your direction, were they?—A. Yes, sir. 

Q. You registered all that came along, men and women?—A. IMen and women 
of all parties. 

Q. Up until the time of the close of the registration books?—A. Yes, sir; and 
two or three were registered on the day of election. 

Q. Why did you register them on the day of election?—A. Well, mostly to 
keep some Republicans from howling. They were Republicans that were regis¬ 
tered on the day of election. 

Q. AAliy were they not registered before?—A. AA^ell, one of them, Mr. Jim 
Johnson, a preacher, I think, he came up to the voting place and claimed that 
he didn’t know that there was a new registration ordered in South Lenoir 
precinct, and through courtesy to him—he was an old man and an old resident— 
he was permitted to register. 

AATiat was his name?—A. I don’t know how he registered, but I know him 
as Preacher Jim Johnson. 


CAMPBELL VS. DOUGHTON. 


603 


Q. Who else?—A. One absentee voter that was registered on that day. 

What was the nature of his absence?—A. He wns in Virginia. 

Q. Mho else?—A. There was a young lady who swore that she had become 
of age after the close of the registration book. 

Q. Mr, Grist, did you enter those names yourself and administer the oath or 
did you hav’e it done by another?—A. I administered the oath to the young lady 
myself, and the clerk adnr'nistered the oath to the others. 

Q. I am speaking generally.—A. I did, 

Q. Did you administer the oath to all?—A. Yes, sir. 

Q. There are no exceptions to that?—A. No, sir; none whatever. 

Q. Did you occupy the four days noxt preceding the Saturday before election 
entirely at the polling i)lace?—A. KxceiV at noontime. 

Q. AVliere is the polling place with I'eference to your business place?—A. Do 
you mean where is the polling place and where is my business? 

Q. Yes, sir.—A. The polling place is right at the corner of the Lenoir Drug Co. 
The Lenoir Drug Co. is on the corner of the square. That is the polling place. 
My place of business is down AVest Avenue, right opposite the Martin House, 230 
West Avenue. 

Q. At what hour in the morning did you go to the polling place?—A. At 9 
o’clock. 

Q. How long did you stay?—A. Until sunset. 

Q. How much time other than those four days did you occupy at the polling 
place?—A. None. 

Q. No time at all? How much time did you occupy during the registration 
period in going away from the polling place to register voters, if any?—A. 
.Well, I couldn’t say exactly. I didn’t keep any record of it. I was in my office 
and out. 

Q. AVhat is your business?—A. Commercial .lob printer. 

(}. Do you think you occupied as many as 10 days away from the polling plac^' 
in registering people?—A. I would not say so. 

Q. Roughly, would you say 8 or 10 days?—A. No, sir; I don’t think I should 


say that much, 

Q. I am asking .you. How much time did you occupy?—A. Well, that is r 
hard question to answer. 

(}. Could you say as many as five whole business days?—A, I would not sa 
an.v at all. 

Q. Was your precinct an urban precinct, or does it go into the suburbs?—A. It 
goes into the suburbs. 

Q. AVhat was your total registration?—A. Between eight and nine hundred; 
I don’t recall exactly. 

Q. How did you travel as you went over the precinct to register voters?—A. 
I walked some of the time. IVent in different automobiles. 

Q. Did you go to any meetings in the evenings, gatherings or groups of 
voters?—A. None whatever. 

Q. It was all done in office hours?—A. Yes, sir. 

What you call business hours?—A. Yes. sir. 

Q. Did anyone go with you?—A. Occasionally they did. Sometimes I had 
some one with me and sometimes I went alone. 

Q. Y’ou were advised as to the nature of your duties and that you need not 
necessarily go away from the polling place to register voters?—A. AVelL I was 
not verbally advised. I studied the election laws of North Carolina and di¬ 
gested them to my satisfaction. 

Q. Y’'ou were informed—you understood?—A. Yes, sir. 

Q. When you went away it was at your own instance pr the management of 
vour party?—A. Not the management of my party or any other partj\ 

Q. I ask you if the management of your party, the county chairman, or 
local management, requested that you go away and get up the votes of your 
party?—A. I don’t know that he i-equested me to. I went to anybody that re¬ 
quested me to, Democrat or Republican. o \ 

Q. I am asking now at whose suggestion you went out to register voters.^—A. 
At my own suggestion myself. I put myself at the convenience of most every¬ 
body 

Q.'That is not responsive to the question. Who suggested to .vou that you 
go out to hunt up voters?—A. No one suggested to me that I go out to hunt up 

voters 

Q. Did anyone suggest that you go out and register an.ybody?-A. I don’t 
know that an.yone suggested that I should go. I was hesitating about it 
because 1 am not certain. 


604 


CAMPBELL VS. DOUGHTON. 


Q. If you do reiiieniber that your county cliairiiiau asked you to ito out, you 
can say so, if you reuieiuber that?—A. I do not. 

Q. Did any other person, on behalf of the nianageinent of your party, ask 
you to go out?—A. No, sir. 

Q. Any coininittee of your party, or any othei- party?—A. 1 don’t i-ecall any. 

Q. That has been some tliree and a half months ago. If tliey did, :\ ou would 
remember it?—A. I probably would. 

Q. In doing that extra otlicial service, going away from the polling place to 
register voters, how did you proceed with the work? Did you commence at 
a house and take them in order?—A. No, sir; I only went by request. Any 
party requesting me to register some other party, I would go. 

Q. No person, other than those that requested it?—A. None at all. 

(}. By whom were those requests made?—A. By different parties. I didn’t 
know at the time their politics. Some of them I knew, and some of them I 
didn't. Some were Democrats and some Uepublicans. 

Q. About what ratio were Democrats and what were Uepublicans?—A. I 
didn’t know the political faith of the voters of the pi’ecinct at the time and 
couldn’t say. 

Q. Isn’t it a fact that you went out with your official record in the interest 
of the voters of your party? That is what you went out for?—A. With an 
official record? 

Q. I suppose you carried your registration book?—A. No, sir. 

Q. How did you manage that?—A. By a card-index system. 

Q. Was there any card-index system on the registration book?—A. No, sir. 

Q. MTio advised you to make it?—A. I made it on a commercial printer, at 
the direction of the county board of elections. It was a very simple card-index, 
system, whereby the electors registered, and the registration was recorded on 
these cards, so they could be alphabetically arranged on the registration book, 
to expedite the voting on the day of election. It was to keep all the A’s and 
B’s together, and all down the line. 

Q. Now, come down to ’the polls, and tell how you used that. Did you use 
it on election day?—A. No; I used the registration book; transferred from the 
card index to the book in alphabetical order, and if we hadn’t done that. South 
Lenoir could never have voted all the people there that day. 

Q. How many voters did you have that day?—A. Very near the total regis¬ 
tration. 

Q. How much is that?—A. Between eight and nine hundred. 

Q. Did you commence at sunrise and go to sunset?—A, Yes, sir. 

Q. Something like 10 hours?—A. Yes, sir; something like that. 

Q. You used those cards in registering the voters?—A. I just made that clear. 

Q. Then what did you do next?—A. Arranged them alphabetically and filed 
them, and then when the registration was complete the information oi\ the 
cards was transferred to the registration book. 

Q. What test did you apply generally in qualifying a registrant to vote?—A. 
The test as provided by law. 

Q. Specifically?—A. Being able to read and write the constitution of North 
Carolina in the English language. 

Q. You swear they were qualified voters?—A. Yes, sir. 

Q. Did you specifically set out these qualifications?—^A. No. 

Q. That they had been in North Carolina two years?—A. No. 

Q. In Caldwell County six months?—A. No. 

Q. In the precinct four months?—A. No. 

Q. Payment of poll tax?—A. No. 

Q. They never exhibited any poll-tax receipt to you, and you didn’t demand 
it?—A. No. 

Q. On election day you were one of the three poll holders by virtue of being 
registrar?—A. I was registrar. 

Q. Do you remember how many absentee votes there were at your precinct?— 
A. Yes, sir. 

Q. How many?—A. Approximately, about 70. 

Q. Were they actually absent from the precinct, or were they present in the 
precinct and ill?—A. Well, I couldn’t say about that. They were mailed to me. 

Q. Did you get them all through the mail?—A. Some in my personal box. 
A few of them came in care of J. W. Hollifield. He delivered them in person. 
And the postmaster brought me a few. The postmaster brought me two or 
three, and my brother, who is an employee in the post office, brought me some; 
brought them as a courtesy. 


CAMPBELL VS. DOUGHTON. 


605 


Q. Did they consist of ballots or certificates that the voter was going to vote 
a solid ticket?—A. Every one contained the tickets with certificates, with 
voting certificates, a cerUficate to vote a straight Democratic or Republican 
ticket. 

Q. You opened the envelope yourself ?—A. I did. 

Q. What disposition did you finally make of them?—A. I have them in my 
possession. 

Q. Will you produce them now?— A. No, sir; I haven’t them with me. 

Q. Will you bring them?—A. If I am instructed to or summoned to. 

Q. Were you subpoenaed to bring any record?—^A. None whatever. 

Q. Do you want to waive that or be resubpoenaed? You don’t want to delay 
the hearing?—A. I didn’t know I was supposed to bring them. I wasn’t 
requested by any person. 

Q. I am not blaming you. I am asking you if you will bring them?—A. If I 
am summoned to, I will. 

Q. You will not bring them unless you are subpoenaed to do so?—A. I don’t 
think I would; I am not required to by law. 

Q. Do you know any of those absentees?—A. In person? 

Q. Yes, sir.—A. Yes, sir; some of them. 

Q. You may name as many as you remember of the absentee voters.—A. Well, 
there were so many, it would be a slow process. I can give you some. 

Q. All right; let’s have some of them.—A. One man—I don’t remember his 
initials—Mr. Setzer. 

Q. You entered his vote?—A. It wasn’t entered until election day. 

Q. What was the nature of his absence?—A. I think he was in Virginia at 
the time. 

Q. How many others do you remember?—A. I haven’t paid any attention to 
those certificates since the day of election; I don’t know, hardly. One of them, 
E. D. Helon. 

Q. See if you remember any others, Mr. Grist.—^A. I had a sister, Miss Mary 
Helen Grist. She is in the Nursing Corps of the United States Army. 

Q. Any others?—A. Tom Shoewater. 

Q. What was the nature of his absence?—A. About a week before the elec¬ 
tion he moved his family and all his household goods to Statesville. 

Q. How would he vote—certificate or straight ballot?—A. By voting certificate 
and ballot inclosed. 

Q. Just when did you say he moved?—A. A week or 10 days before election. 

Q. Did he have his family with him?—A. Yes, sir. 

Q. How’ much family did he have?—A. I don’t know. I happened to be at 
the depot when he was moving. 

Q. A week before el^-tion?—A. A week or 10 days. He was shipping some 
stuff, and I said, “Tom, are you leaving?” And he said, “Yes; I am going to 
Statesville.” 

Q. Did they all go?—A. I don’t know. 

Q. What is his politics?—A. Republican. 

Q. Any others that you remember?—A. Miss Sarah Wakefield. 

Q. You seem to be able to remember the Republicans?—A. I have named some 
Democrats. 

Q. What was the nature of Miss Sarah Wakefield’s absence?—A. I am not 
familiar with that. I think she is away, either teaching or taking some course 
in nursing, or something of that kind. 

(}. Name some others.—A. Mrs. R. E. Tuttle—I think tho.se are her initials. 

Q. What was the nature of her absence?—A. I think she has a Federal posi¬ 
tion in Sali.sbury. 

Q. Any others?—A. Yes, sir; several others, but I don’t recall any more of 
them just now. 

Q. What did you do with the ballots and certificates at the clo.se of the 
election?—A. Of the absentees? 

Q. Yes, sir.—A. I retained them in my possession. 

Q. You didn’t return them to the register of deeds?—A. No, sir; I am not 
authorized to by law. 

Q. You kept them yourself?—A. Yes, sir. 

Q. You have .still got them?—A. I still have them. 

Q. So if the law should say that they should be sealed up and returned to 
the register of deeds, you would not have complied with the law?—A. I don’t 
think the law says that. It says I shall retain them for six months. I read 
the election law. 


606 


CAMPBELL VS. DOUGHTOK.' 


Q. Suppose it should be the law, according to section 5966: “In voting by 
the method prescribed in this article, the voter may, at his election, sign or 
cause to be signed his name upon the margin or back of his ballot or ballots 
for the purpose of identification. The ballot or ballots so voted, together with 
the accompanying certificates, shall be returned in a sealed envelope by the 
registrar and poll voters, with their certificates of the result of the election, 
and kept for six months, or in case of contest in the courts until the results are 
finally determined.” Did you seal them up and return them to anybody?—A. I 
did not. 

Q. AVhat did you do with them?—A. I retained them in my possession. 

Q. You didn’t care anything about this provision of the law-A. That pro¬ 

vision states votes that have the name of the voter written upon the margin or 
back of the ballot. 

Q. That is your construction of it. Did you return any of them?—A. No, sir. 

Q. You adopted your own construction of the law?—A. I did not. 

Q. Did you seal them up?—A. I did not. 

Q. The law says to seal them up?—A. The law says to seal up those that have 
the name written in the margin or on the back of the ballot.. 

Q. If the law says to return them, you did not return them?—A. The law 
says 1 should retui-n them if they have writing on the margin or back, and I 
did not have any of that kind. 

Just answer this question: If the law says to return them, you did not 
return them?—A. No, sir; I didn’t. 

Q. And if a recount is required, you haven’t thenr here for a recount?—A. No, 
sir. I have that in my possession. 

(In open hearing the witness, Mr. F. D., Grist, states that he has the absentee 
certificates in his possession; that he did not make return of them. Counsel for 
contestant demands their production in open hearing, for the purpose of ex¬ 
amining him thereon, which request the witness, on advice of counsel, refuses 
to grant.) 

Gov. Newland. I don’t think tliat ought to go into the record. That is not 
what transpired. In the first place, counsel has never advised him at all. 

Mr. Adams. Didn’t Mr. Squires? 

Mr., Squires. No, sir. AVe declined to accept service of a subpoena for him, 
but he has never declined. He says if he is proiierly summoned, he will bring 
them. 

Mr. Adams. Are you gentlemen willing now that they be produced? 

Gov. Newland. That is up to him. 

Mr. Adams. Are you willing to produce them now? Are you gentlemen willing 
to waive the five days? 

Gov. Newland. AA"e are not. 

The AA'itness., I was not requested to bring them. I would probably have 
brought them as a courtesy. 

Cross-examination hy Gov. Newland: 

Q. Mr. Grist, I believe you said that none of the absentee ballots had the name 
of the voter written on the backs or margin of the ticket?—A. I don’t recall 
any such. 

Redirect examination by Mr. Ail^ms : 

Q. Do you know the vote cast for Dr. Campbell and Mr. Doughton in your 
precinct?—A. No, sir; I don’t recall it now. 

Q„ About what was the ratio?—A. I can’t hardly say. 

Q. AATiat majority did Mr. Doughton receive in the precinct?—A. I can’t re¬ 
call that; only an average of about 150 to 200 majority. 

Q. The total vote cast Mas 800 or 900?—A. Yes, sir; nearer 800 than 900. 

Q. AA’hat M^as the ratio of the absentee vote? How many of those did Mr. 
Doughton receive, and hoM^ many did Dr. Campbell receive?—A. AA^ell, I think 
the party vote M’as straight in the absentee votes, and out of approximately 70 
absentee votes. 15 or 20 Mere Republican. I think they all contained ballots 
for Dr.. Cam'pbell. 

Q. Of the absentee votes, Mr. Doughton received about 5 to 1? Is that the 
idea?—A. Ah^s sir. Something like that. 

<}. And of the other vote, the regular votes cast by ballot. Mi*. Doughton re¬ 
ceived something like 11 to 1?—A. A"es, sir; he had a majority of 1.50 to 200. 

Q. That M’ould be something like 1^ to 1?—A. AT^s, sir. 

Q- Do you knoM’ Iiom* to account for the discrepancy betM-een the ratio of the 
regular vote, and the ratio of the absentee vote?—A. No, sir; I don’t. 




CAMPBELL VS. DOUGHTON. 


607 


Kecross-examiiiation by Gov. Newland : 

Q. You voted all the Kei)iiblican absentee votes that were ^iven to you, did 
you? A. Yes, sir. All except one who was not on the registration book in iny 
precinct. 

Q. So every Republican absentee vote that came into your hands was cast and 
counted?—A. Yes, sir. 

Q. For Dr. Campbell?—A. Yes, sir. 

Mr. TODD L. COOK, a witness introduced by the contestant, being first duly 
sworn, testified as follows : 

Direct e^i;amination by Mr. Britt : 

Q. In which voting precinct do you live?—A. Globe precinct. 

Q. Were you the registrar in your precinct?—A. Yes, sir. 

Q. Were you registrar at the primary election in the summer before?—A. Yes, 
sir. 

Q. Were you sworn as registrar?—A. Yes, sir. 

Q. By whom?—A. W. C. Moore, I think. 

Q. What is your politics?—A, l am a Democrat. 

Q. What was the total registration at that place?—A. The sminmer registra¬ 
tion was, I don’t hardly remember; not very many ; something like 15. The 
full registration was fiS. 

Q. The total registration was about SO?—A. Yes, sir. 

Q. Y'ou registered all of those who registered in the summer?—A. Yes, s‘ir. 

(i. Did you administer the oath?-—A, To every one. 

Q. Did you attempt to ascertain their qualifications?—A. As to education? 

Q. General qualifications.—A. Yes, sir. 

Q. How many did you refuse registration, if any?—A. Well, I don’t remember, 
hardly. Some of them couldn’t stand the educational qualifications—couldn’t 
read and write. 

G. ^^’hat was the politics of those you refused on that score?—A. Well, sir, 
there was, I remember three ladies that was Democrats. They was up at Blow¬ 
ing Rock, and told Mr. Moore they was coming, but I wrote them a letter and 
told them not to come unless they could read and write; and about five Repub¬ 
lican women that I turned down. I would have turned more Democrats down 
if they had come, but I wrote them a letter not to come. 

Q. How did you conduct that educational test?—A. Well, when they made an 
application to register, I would ask them if they could read and write, and they 
would say yes, some of them, and I would give them a section of the law to read. 

Q. Do you remember any particular section you gave them?—A. No, sir. IMost 
generally, I gave them the section where it says they must be able to read and 
write an.v section of the constitution. 

Q. Did you apply any other test than simply that of reading?—A. And writ¬ 
ing. Generally have them to write their name and post office. 

Q. Any other test?—A. I had one lady who said she couldn’t read anything 
but the Testament, I let her read part of a chapter of that. 

Q. Did she read it to your satisfaction?—A. Y'es, sir. 

Q. You thought that was as good law as any other law?—A. I did; I think 
you are right about that. 

Q. How many absentee votes were cast at your precinct?—A. Three. 

Q. Democrats or Republicans?—A. Democrats. 

Q. What was the nature of their absence?—A. Two ladies wasn’t able to get 
to the election. 

Q. Did they have doctors’ certificates?—A. Yes, sir. They was right there 
close to the polling ground. One gentleman was off at work at Banners Elk— 
Bob Cooper. 

Q. Were those all registered?—A. Yes, sir; all registered. I registered the two 
ladies. 

Q. Did they vote by ballot or certificate.?—A. By ballot. 

Q. No certificate at all?—A. Y^es, sir; had a certificate in the envelope; sealed 
onveloi)e. 

Q. How did you receive those—through the mails?—A. One through the mail, 
and some parties handed me the other two sealed up. 

Q. You knew of the qualifications of those parties?—A. I did. I registered 
the two ladies. 

Q. Did you return the certificates?—A. No, sir; I have them in my possession 
at home, but I did not think to bring them. I wish now I had. I brought them 


608 


CAMPBELL VS. DOUGHTON. 


here when I brought the returns, and I couldn’t tind the register of deeds, and 
I was in a hurry to get a train ; and tlie next time I saw him, he said, “ Captain, 
yon keej) tliem, and in case of a contest yon can bring tliem in,” hnt I forgot it 
last night when I left home, I live 28 miles away from here, 

Q, I am not going to ])nt the hnrden on yon of going that far to bring the cer¬ 
tificates. 

Cross-examination by Gov. Newlanu : 

Q. Mr. Cooke, yon say yon refused to register three Democrats and five Repub¬ 
licans?—A. Yes. sir; right close to that. 

(}, An^l yon wrote letters to some other Democrats not to come if they couldn’t 
read and write?—A. I did. 

Q. How many?—A. I have a cousin that lives up on the mountain. I wrote 
him a letter, and I says, “ The women is allowed to vote, provided they can read 
and write, but don’t bring any of them women that can’t read and write.” Three 
or four of the Pitts boys- 

Q. Your cousin’s wife—that is one?—A. Yes, sir; and Gordon Pitts and his 
brother. 

Q. That is three—your cousin’s wife and the two Pitts?—A. l"es, sir. 

Q. They are Democrats?—A. Yes, sir. 

Q. And yon wrote them if they couldn’t read and write not to make the trip?— 
A. I did. A lady came fi-om their home and she couldn’t read and widte and I 
sent her back. She was a Teague girl; one of the thrc'e I mentioned. 

Q. Who was it you let read the Testament?—A. That was Mr. Philip Grigg’s 
wife. 

Q. Demwrat or Republican?—A. Republican. 

Q. And so the Republicans read the Bible in this section; that is fine. I 
want to ask you a question about the aggregate vote: How did the vote stand 
for Doughton and Campbell?—A. Sixty-three for Doughton and one hundred 
and three for IMr. Campbell, as well as I remember. I didn’t miss it more 
than two. 

Mrs. LUCILE W. CLARKE, a witness introduced by the contestant, being first 
duly swoni, testified as follows: 

Direct examination by IMr. Beitt : 

Q. What are your initials?—A. Mrs. Lucile W. Clarke. 

Q. Mrs. Clarke, where do you live?—A. In Lenoir. 

Q. In which voting precinct?—A. In South Lenoir. 

Q, You voted at the last election?—A. Yes, sir. 

Q. For whom did you vote for Congress?—A. For IMr. Doughton. 

Q. Where did you move from when you came to Lenoir?—A. AVell, Lenoir 
has always been my home. I have been away for about two years. But I 
was back here in the meantime. 

Q. AVere you away for employment or for a visit? AA'hat were you away 
for?—A. Employment. 

Q. Where were you?—A. In West Point, Va. 

Q. Have you any family?—A. Three children. 

Q. Your children were with you?—A. Yes, sir. 

Q. Your effects were all there?—A. No; we carried nothing with us; just 
there for work. 

Q. Did you have any property in Lenoir?—A. No. 

Q. You had your effects—personal and living effects—with you?—A. Yes, sir. 

Q. How long did you stay there?—A. About two years. 

Q. Do you know just when you went?—A. No;" I don’t know; bu I was 
back here once, at least, 

Q. You came back herely on a visit?—A. Yes, sir. 

Q. So you had not been in the State—living in the State—two years at the 
time of election?—A. Since I came back from out there? 

Q. Yes.—A. I w^as here about 16 months before election. 

Q. Do you know the exact date?—A. July 4, 1919. 

Cross-examination by Mr. Squires: 

Q. You never went out there to refnain permanently?—^A. No; because we 
couldn’t do any good here. 

Q. It was not your intention to make that your permanent home?—A. No; 
just went to stay for a while. 



CAMPBELL VS. DOUGHTOJ^^. 


609 


Q. Just simply because war work in the shipyards paid more money than 
work here?—A. Yes, sir. 

i). You were horn and raised here?—A. Yes, sir; this has always l)een my 
home. 

^Ir. N. L. GILLILAND, a witness introdviee<l by the contestant, l)eing lirst 
duly sworn, testilied as follows: 

Direct examination by INlr. Britt: 

Q. Where do you live?—A. Here in town. 

Q. State whether you were a poll holder at the last election?—A. Yes, sir, 

Q. In which i)recinct?—A. South Lenoir. 

C>. Do you know^ Greene JVIichael?—A. I’^es, sir. 

Q. Does he live in your precinct?—A. Yes, sir; been boarding down there 
with Mr. Parker two or three years. 

Q. Married or single?—A. Single man. 

Q. Where did he vote?—A. 1 couldn’t say where he voted. 

Q. Do you know Smith Clippard?—A. Yes, sir. He is a son of the lady that 
married that young man, Walter Parker. 

Q. Does he live in your precinct?—A. Yes, sir. 

Q. Married or single?—A. Single. 

Q. How long has he lived there?—A. They have been living—I asked Walter 
Parker this morning—I think they have been living there three or four years. 
He told me nearly four years. I had an idea it had been three or four years. 

(No cross-examination.) 

INIr. WAI/TER CURTIS, a witness introduced by the contestant, being first 
duly sworn, testified as follows: 

Direct examination by ]Mr. Britt : 

Q. In which precinct of Caldwell County do you live?—A. Globe. 

Q. You are a voter there?—A. Yes, sir. 

Q. State whether you were a poll holder there last election.—A. Yes, sir; 
one of the judges. 

Q. Do you know Bob Cooper?—A. l^es, sir. 

Q. I>id he vote as a resident or absentee?—A. Absentee. 

(). Is he a resident and qualified voter?—A. He has got land, but he doesn’t 
stay there much. 

(}. Is he married or single?—A. He has been married. 

(). Where does he stay?—^A. All about over the country. 

(). How long since he was there?—A. I don’t know. They tell me it has 
been a year since he has been there. I don’t know myself. 

(Contestee objects.) 

Q. State your understanding or opinion.—A. My opinion is that he has been 
gone for about a year. 

(Contestee objects.) 

A. I don’t know; I wwld not swear positively. 

Q. Do you know where he had been gone?—A. No, sir; I don’t know any¬ 
thing only reports. 

Q. Did he have his family with him?—A. No, sir. 

Q. Where is his family?—^A. His family is in the township, as I understand. 

Q. Were any housekeeping or family relations sustained?—A. No, sir. 

Q. Do you know how^ he voted?—A. Democratic ticket. 

Q. For^Mr. Doughton for Congress?—A. I think so; yes, sir. 

Cross-examination by Gov. Newland : 

Q. You don’t know', of your own knowdedge, how he voted on the, congressional 
ticket?—A. I saw the ticket. 

Q. You said a while ago you thought so. Now, do you swear he did vote for 
Mr. Doughton, or merely that you think so?—A. Best of my knowledge, I be¬ 
lieve he did; from my recollection. 

Q. He has a home there?—A. Yes, sir. 

Q. Some of his things in the house?—A. I don’t know. 

Q. He and his wife live together?—A. No, sir. 

Q. They have been separated for some years?—A. Yes, sir. 

Q. He is off working at the Boone Fork Lumber Co.?—A. He is off; I don’t' 
know where. 

57695—21 


39 



610 


CAMPBELL VS. DOUGHTON. 


Q. I will ask you if your best information is not that lie is working at Shulls 
Mills?—A. No, sir; in Watauga County; that is what I was told. 

Q. Shulls Mills is in Watauga County?—A. Yes, sir; but that is as close as 
I can say. 

Q. He always lists and pays taxes in this county and Globe Township?—A. 
I don’t know about that. I have listed taxes, and when he listed taxes, when 
I was lister, he did. 

Q. How long since you have been lister?—A. Some 8 or 10 years. 

Q. He has two houses here, and things in the houses?—A. I don’t know 
whether there is anything in them. 

Q. He comes back to Globe Township occasionally?—A. Yes, sir. 

Q. Do you know Jim Woodruf?—A. Yes, sir. 

Q. Where does he live?—A. At the upper edge on Globe. 

Q. Doesn’t he live in Avery County?—A. I really couldn’t tell you. 

Q. That is your information?—A. I have heard that. 

Q. He voted the Republican ticket?—A. Partly. 

Q. For Dr. Campbell?—A. That is my understanding. 

Mr. GREENE BARLOW, a witness introdiu'ed by the contestant, being first 
duly sworn, testified as follows: 

Direct examination by Mr. Britt : 

Q. Your name is Greene Barlow?—A. Yes, sir. 

Q. In what voting precinct of Caldwell County do you live?—A. Kings 
Creek. 

Q. State whether you were a poll holder at that place at the last election.— 
A. Yes, sir. 

Q. 1 believe you are a Republican in politics?—A. Yes, sir. 

Q. Do you know how many absentee votes were cast in that precinct?—A. 
I can tell in a minute. [Refers to memorandum.] Ten. 

Q. You know those voters?^—A. Most of them; yes, sir. 

Q. How <lid they vote for Congressmen?—A. Nine of them voted for Mr. 
Doughton. 

Q. For whom did the other vote?—A. Mr. Campbell. 

Q. Do you know what disposition was made of the certificates from that 
place?—A. No, sir; I don’t. 

Q. Do you know whether they were placed in a box by the registrar?—A. I 
do not. 

Q. Do you know whether they voted the ballots straight or ballots with 
certificates?—A. I don’t know that I understand tliat question. 

Q. Do you know whether they voted their ballots by a certificate of their 
intention to vote a straight ticket for either party?—A. They were ballots. 

Q. You don’t know what became of the ballots?—A. No, sir. 

Q. Who opened the envelopes?—A. Mr. Greene, the registrar. 

(}. What became of them?—A. He put them back in the package. 

Q. You don’t know whether he made any return of them?—A. No, sir; 

I don’t. 

Q. Was he the only registrar there during this election registration period, 
or whether there were some others before him?—A. He was the only one, I 
think, 

Q. You have already stated that you don’t k'no^^• what disposition was made 
of the ballots?—A. No, sir. 

Q. M'hat was the nature of the absentee votes? Where were they? What 
were they doing?—A. A couple of girls; one was at Winston-Salem clerking 
at a store; another at Greensboro teaching. 

Q. What was the nature of the absence of William L. Barlow?—A. His 
affidavit was that he was physically unable to attend the election. 

Q. Do you know what time the affidavit came in?—A. Late in the evening. 

(}. What did he give as the grounds of his absence?—A. Physically unable 
to attend the election. 

Q. How did he vote?—A. Democratic. 

Q. Do .vou know Star Pennell?—A. Yes, sir. 

Q. What was the nature of his absence?—A. It was on the'certificate, physi¬ 
cally unable to attend the election. He sent his ballots by his father, and wrote 
the judges a note, asking them to cast his ballots. He was not able to attend 
the election. We told his father we couldn’t do that, and a justice of the peace 
went down to his house and came back with his ballots and a certificate filled 
out before the justice of the peace. 


CAMPBELL VS. DOUGHTON. 


611 


Q. Wliat time of day was that?—A. In the afternoon, hut I couldn’t say what 
time. 

Q. Was this ballot ever put in the hands of the registrar?—A. No, sir, 

Q. It was not sealed, was it?—A. No, sir. 

Q. George White, do you know him?—A. Yes, sir. 

Q. Did he vote in person or by absentee ballot?—A. In person. 

Q. Where does he live?—A. He stays out here with his son in Lower Creek 
Township most of the time. 

Q. Tell all you know about his connection with the voting.—A. On Monday 
before the election we met at the voting place and talked over all our troubles, 
and ]Mr. White was there and he asked us if we were going to let him vote, and 
I asked him where Ids home was, and he said he had no home. Tuesday, elec¬ 
tion day, he came to vote, and I challenged him and told him I thought he was 
entitled to vote in Lower Creek .Township. I also asked him if he hadn’t been 
living in Lower Creek Township more than four months, and the registrar put 
the vote before the judges, and I voted against it, and he cast his ballot. 

Q. Do you ever see him here in lienoir?—A. I saw him last summer very 
often; two or three times a week. 

Q. Saw him where; here?—^A. Yes, sir. 

Q. Who was he staying with here?—A. I don’t know. He rode on the wagon, 
I remember, along in the summer to his son’s. 

Q. Do you regard him as a legal voter in the place where he voted? 

(Contestee objects.) 

Q. Is he a legal voter in the place where he voted? 

(Contestee objects.) 

A. I don’t think he was entitled to vote in Kings Creek. 

Q. Did you challenge his vote?—A. Yes, sir. 

Q. State whether you have any knowledge of any attempt being made to 
register him here in the city.—A. I have not; but he told me that some of his 
friends asked him to register and vote in Lower Creek Township. He said 
his son, for one, had asked him to register and vote. I told Mr. White, “ Your 
son knows you are entitled to vote there, or he would not have asked you to 
do so.” 

(Contestee objects.) 

Q. Where does his son live?—A. A mile out from Lenoir, here. 

Q. Do you know Ada Laxton?—A. Yes, sir. 

Q. Did she vote an absentee ballot?—A, Yes, sir. 

Q. For whom did she vote for Congress?—A, For Mr. Doughton. 

Q, Dou you know the nature of her absence?—A. She was at Winston-Salem 
clerking. 

Q. She is a single woman?—A. Yes, sir. 

Q. How long has she been away?—A. I would say she had been away—I don’t 
know how long. A couple of weeks before election she went away. 

Q. State whether you know of any Republican woman or man that went 
away then, or about the same time this lady went and was denied the right to 
vote.—A. I know of four voters. 

Q. Do you know their names?—A. My father-in-law, Alva Andrews, his wife, 
son, and daughter. 

Q. Where did they go?—A. To Virginia. 

Q. Did they go the same time this other lady went?—A. They probably went 
a \veek or so sooner than the Laxton girl. 

Q. Were they permitted to register and vote?—A. Well, they registered 
before they left here and left their ballots with their son before they left here. 

Q. Did they get to vote?—A. No, sir. 

Q. Why were they denied the right to vote?—A. When we were talking 
Monday at the voting place Mr. Pollier, one of the judges, I told him there 
was nothing in the election law I had to provide for their voting; and he said 
there was a new law and some one had gone to town to get it and would 
show^ me. Mr. Pollier said they had a new law, and Mr. Livingston had gone 
to town to get it and would show it to me the next morning. 

Q. Did he show it to you?—A. No, sir. 

Q. They went eway before the olher voter?—A. A week or two before. 

Q. Was she permitted to vote by absentee ballot?—A. Yes, sir. 

Q. And they were denied the right?—A. Yes, sir. 

Q. Are they Republicans or Democrats?—A. They are Republicans. 

Q. And, as you understfind, w'ould have voted for‘Mr. Campbell had they 
been permitted to vote?---A. Yes, sir. 


612 


CAMPBELL VS. DOUGHTON. 


Q. AVere their certitieates loi-v/arded? Did they send in certilicfites and 
ballots, and were they offered?—A. I didn’t see anything of them on election 

Q. But they were not permitted to vote? You know that their ballots were 
left there in the commnnity and they were not voted that day? A. I got their 
votes for them myself, and left them with Bob Andrews, son of Mr. Andrews, 
and he told me he sent them to the registrar. ^ . t 

Q. So you know the votes were left in the community? A. Yes, sir. I got 
the ballots mj^self here in Lenoir before they left. 

Q. But the registrar did not present them there on that day? A. No, sir. 

Q. He did present the vote of the other voter that went away a little later?— 
A. Yes, sir. 

Q. And she was permitted to vote for Mr. Doiighton?—A. Yes, sir. 

Cross-examination by Mr. Squires : 

Q. Do you know Julia Barlowe?—A. Yes, sir. 

Q. Did you go out with the registrar to do some registering?—A. No, sir. 

Q. With him?—A. No, sir. 

Q. Didn’t you go out with him at any time?—A. No, sir. 

Q. Did you ask the registrar to register Julia Barlowe?—A. No, sir. 

Q. You know her?—A. Yes, sir. 

Q. She is a resident of Kings Creek Township?—A. She used to stay with us. 

Q. Her name was on the registration book at election?—A. Y^es, sir. 

Q. She would have voted the Democratic ticket?—A. I don’t know. 

Q. That is her politics ?—^A. I don’t know. She never voted before. 

Q. She lived in your house, and you were prepared to swear what all the 
Andrews are, but you don’t know Julia Barlowe is a Democrat?—A. It was 15 
years ago when she stayed with us. She was a young girl. 

Q. She was a legal resident of Kings Creek Township? 

("Contestee objects.) 

A. She was a resident of Kings Creek Township. 

Q. She lived there?—A. Yes, sir. 

Q. Had lived there for years?—A. Yes, sir. 

Q. She never lived anywhere else, and her name was on the registration 
book?—A. Yes, sir. 

Q. And she came up that day to vote a Democratic ticket?—A. I don’t know 
what she intended to vote. 

Q. I ask you if you didn’t go to her on election day and try to get her to vote 
the Republican ticket?—A. No, sir. 

Q. Didn’t you go to her and ask her to vote the Republican ticket?—A. I 
talked to her one time before election. 

Q. Trying to get her to vote the Republican ticket?—A. No, sir. I asked her 
if she was going to vote, and I said, “ It is as much your duty to go as a man’s.” 

Q. You challenged her vote that day because she happened to be in Lower 
Creek Township at the time of registration?—A. Yes, sir. That is true. 

Q. You took the technical position that, because the registrar happened to be 
in Lower Creek Township she wasn’t entitled to vote?—A. That is right. 

Q. Y'ou know that Alva Andrews had sold his farm?—A. Yes, sir. 

Q. Moved his household and kitchen furniture to Virginia?—A. Part of it. 

Q. His wife was along with him?—A. Yes, sir. 

Q. His daughter was along with him?—A. Yes, sir. 

Q. And his son?—A. Yes, sir. 

Q. And he had gone there to make it his permanent home?—A. Yes, sir. 

Q. Bought a farm in Virginia?—A. Yes, sir. 

Q. Living there now?—A. Yes, sir. 

Q. Wbat was it you said about mailing his ticket? You say you got their 
tickets filled out in Lenoir?—A. I got his ballots and they signed them before 
they left Lenoir. 

Q. What hecarne of them?—A. They left them with Lum Andrews. He told 
me to mail them- 

(Contestee objects.) 

Q. Do you know that they ever got in the hands of the registrar ? Now, do 
you know that?—A. I know what he said about it. 

Q. Do you know of your own knowledge that those tickets were out there 
on election day?—A. No, sir. I didn’t see them. 

Q. George White—he has got a farm in Kings Creek Township?—A. No,, 
sir. 



CAMPBELL VS. DOUGHTON. 


613 


Q. He had then?—A. No, sir. 

Q. He had no home?—A, He said he didn’t. 

Q. Yon know that he didn’t?—A. He didn’t liave any home in Kings Creek. 

Q. His son is down there?—A. Son-in-law. 

Q. He lived down there as mnch as in Lower Creek?—A. I asked him, and 
he said he didn’t know. 

Q. He is an old man and has lived all his life in Kings Creek Township?— 
A., As far as I know. He was living with two children. 

Q. He had been voting in Kings Creek Township longer than you had?—A. 
Yes, sir. 

Q. Yet you challenged his right to vote? Answer it yes or no.—A. Yes, sir; 
I did. 

Q. You state you thought he had a right to vote in Lower Creek; I would 
like you to explain why you think that.—A. Because he had been living there 
more the last four months than in Kings Creek. 

Q. How about the last eight months?—A. Well, I haven’t been looking after 
his whereabouts the last eight months. 

Q. You were trying to track one of your old-time neighbors and deprive him 
of his right to vote? 

(Contestant objects.) 

Q. (Continuing). You were trying, by a matter of days, to track your old 
neighbor and prevent him from voting?—A. The way I saw it, it was very clear, 
according to the election law, that be was not entitled to vote in Kings Creek. 
He is a friend of mine. I think a lot of him. 

Q. Star I’ennell was sick that day. Don’t you know he was?—A. No, sir. 

Q. Who swore he was?—A. He did, I suppose. 

Q Before a magistrate?—A. Yes, sir. 

Q. The ballot was signed and acknowledged?—A. Yes, sir. 

Q. Did you object?—A. No, sir. 

Q. William L. Flarlowe—what did you say about him?—A. He sent an affidavit 
that he was physically unable to attend the election. 

Q. He is a resident of Kings Creek township?—A. Yes, sir. 

Q. He had lived in Kings Creek township more than four months?—A. 
Yes, sir. 


Q. I’aid his poll tax?—A. I had no way of knowing whether anybody had 
paid their poll tax. 

Q. You got into trouble one time about paying your poll tax?—A. Yes, .sir. 
Weren’t you indicted about making an attidavit on election day that you 
had paid your poll tax when you hadn’t?—A. No, sir. 

Q. You swear that you were not indicted for perjury?—A. I was indicted for 
illegal voting. 

Q. The illegality consisted in voting without paying your poll tax?—A. 
Yes, sir. 

• Q. In the indictment, before the magistrate, didn’t they charge you with 
perjury?—A. Yes, sir. 

Q. And you swore before the judges of election, at a road bonds election, 
that you had paid your poll tax. when you hadn’t?—A. Yes, sir. 

Q. And you only got out of it by reason of the fa(‘t, after you found out 
there was going to be trouble, you went and asked them to take your ballot 
out of the box?—A. Yes, sir. 

Q. Isn’t that the reason that Judge Justice discharged you? Isn t that the 
reason he announced for discharging you?—A. Yes. sir. 

Q. You did swear that you had paid your poll tax, when you hadn’t?- A. I 
done it through a mistake. As soon as I went home and saw it was a mistake, 
I went back- 

(h Didn’t you ywesent a check, show him an old check, and try to prove to 
him that you had paid it? Didn’t he charge you with having changed the 
check?—A. It was a check of the year before. 

(h Well, did you change it?—A. No, sir. 

(). You say INIiss Laxton went away two weeks before the election/—A. 
Yes sir. 

(h She is Thomas Laxton’s daughter, and was living in Kings Creek township, 

and had lived there all her life?—A. Y’^es, sir. o 4 xr 

Q. She had gone off and taken a job, clerking in a store?—A. les, sir. 

Q. Her home is still in Kings Creek?—A. Y^es, sir. , ,0 

(i Yet you challenged her because she had been gone a couple ot weeKs/— 

A. She was not challenged. 



614 


CAMPBELL VS. DOUGHTON. 


Q. Voii took the position that she was not entitled to vote?—A. No, sir. 

Q. Von think she was?—A. Yes, sir; I think she was. 

Q. And yon think that your father-in-law, who moved to Virginia and sold 
out everything he had, and intended to make it his home, and is now making it 
his home, was also entitled to vote?—A. I couldn’t find anything to prevent him 
from voting. 

Q. You saw he had to be a resident of the State two years next preceding the 
election?—A. Yes, sir. 

Q. Then if he moved out of the State he was not a resident of it?—A. He 
hadn’t been there long enough to gain citizenship. 

Q. You think a man has a right to vote in one State or another?—A. That 
is what I have heard men say. 

Q. You accept that as a correct statement of the law? Do you accept that as 
a correct statement of the law? 

(Contestant objects.) 

Q. You take that as a correct statement of law?—A. Yes, sir; I feel a man is 
entitled to vote somewhere. 

Redirect examination by Mr. Adams : 

Q. You say the reason that you asked for your ticket back, on this occasion 
that he refers to, is that you learned that you hadn’t paid your poll tax, and 
you requested your ticket back?—A. I went home and looked up my tax re¬ 
ceipts and saw I was mistaken in the dates, and went back and asked the 
judge to throw the ticket out. but they would not do it. 

Q. They kept it in and then x)roceeded to indict you?—A. Yes, sir. 

Q. You did go back and ask that your ticket be removed because you found 
out you had not paid your poll tax?—A. Yes, sir. 

Q. And that you had by mistake sworn you had paid it?—A. Yes, sir. 

Q. Tell me about Julia Barlow. Tell the whole story about that.—A. Mr. 
Greene registered her, and she was in Lower Creek Township, and I didn’t 
think it was a legal registration. 

Q. She lived in Lower Creek?—A. She lived in Kings Creek, but was in 
Lower Creek when she was registered, and I found that the polling place and 
his residence were the only places he was authorized to register her. 

Q. He registered her in a precinct other than the one in which she voted?— 
A. Yes, sir. 

Recross-examination by Mr. Squires : 

Q. At whose hou.se did he register her?—A. Over at Mr. Hoover’s where she 
was working. 

Q. Because the registrar went over to where she was at work, you think it 
was illegal?—A. Yes, sir. 

Q. And you thought the only place that the registrar had a right to register 
was at the polling place and his residence, and you are just as certain about 
that as anything you have sworn to-day?—A. Yes, sir. 

Mr. C. J. DOBBINS, a witness for the contestant, being duly affirmed, tes¬ 
tified as follows: 

Direct examination by Mr. Britt : 

Q. In which voting precinct do you live?—A. Richlands. 

(). State whether you were a poll holder at the last election.—A. Yes, sir. 

Q. State whether you were registrar.—^A. Y'es, sir. 

Q. State what difficulty, if any, you had in getting possession of the regis¬ 
tration books, or whether you had them and they were complete.—A. The first 
book that was sent up to me was the registration book that we had in our 
road election, and then I was informed that I did not have the right book, and 
Mr. G. C. Curtis and Mr. James Chandler came over here to look for the book, 
and they brought me back a registry, an old registry. 

Q. For what period was this old register? What date was on it?—A. I think 
it was 1916. 

Q. Well, go on ; state what occurred.—A. And a new poll book. And I regis¬ 
tered the men first. And then I received two books from Mr. INIinish—new 
registration and new poll books—and he told me there would have to be another 
registration for the women. He said, “ I herewith inclose register and poll 
book.” He said, “ You will have to hold a registration for the women.” And I 
took that—I supposed he wanted me to use the books he sent me—and I took 
those there and registered the women. 


CAMPBELL VS. DOUGHTON. 


615 


Q. AVho is Mr. Aliiiish?—A. Pie was tlie j>:entleniaii who was advising me. 

Q. Chairman of the comity board of election?—A. Yes, sir. 

(). So that yoni' set of books consisted of a register for the men and one for 
the women?—A. There was something like a few more women—best of my recol¬ 
lection—than men. Between bl and 64, I think, of men. and I think one more 
woman. 

(}. So you had a separate registration list for men and women?—A. Yes, sir; 
I did. 

Q. And that resulted from your instructions from ]Mr. IVLnish, chairman of 
the county board of election?—A. Best of my knowledge. 

(^. How many absentee votes did you have?—A. Best of my recollection, it 
was 4, 

Q. Do you know for whom they voted?—A. I suppose they were Republicans. 

Q. Mdiat was done with the certificates?—A. I placed them in the register and 
returned them. 

(}. So you returned all (»t‘ Uiem?—A. I didn’t return the register for some 
time, simply because when I saw the register of deeds, before I brought the two 
registration books over here, and I took them to Mr. Crisp down here and 
asked him what he did with them, and he said to take them to IMr. Moore’s 
office, and I took them there. I was holding the register there for official notice 
to return it- 

Q. Ditl you get any letter of instiaiction in regard to the book?—A. (Continu¬ 
ing.) And the next morning I started with the books and took them something 
like 3 miles from where I lived to where I was teaching school, and was looking 
out for some one to send the books in, and Mr. Welch turned up with an order 
for me to deliver the books to him, and I delivered the books to him. 

Cross-examination by Mr. Squires: 

Q. Mr. Dobbins, you were appointed registrar at the primary election, I 
believe?—A. Yes, sir. 

Q. Is that right?—A. Yes, sir; I was apr>ointed for two years. 

Q. And you qualified as registrar?—A. By Mr. Moore, 

(}. Did you conduct the registration for the primary last June?—A. Yes, sir. 

Q. So they couldn’t find the registration books, as you understood?—A. That 
is what I understood. 

Q. And they sent you this one—is that correct? [Plands witness book.] 
Look at that and see if it is the book they sent you? Is that the book?—A. It 
looks like that—on to the last page. 

(The book is identified and marked “ M. S. 5,”) 

Q. Who was the registrar at the last road-bond election?—A. I don’t re¬ 
member. 

Q. In who.se handwriting is the writing in tliat book?—A. Joe Sudderths’s. 

(i. Then they afterwards sent you the 1916 book?—A, I was thinking it was 
the 1916 book. 

Q. See if that is the other book that was sent you. [Hands witness book.] — 
A. I received this book. 

Q. Did you make any entries in it—put any names in it?—A. I did. That is 
the men’s registration book. 

(Tile book is identified and marked “ iM. S. 6 .”) 

C^ Now, where is the women’s registration book? Which one of these is it? 
[Hands witness books.]—A, This is the women’s registration book. 

(Book identified and marked “ M. S, 7.”) 

Q. All the entries in that are in your handwriting?—A. In that book; yes, sir. 

Q. Wh at did you do with those two books? Look at them and identify them 
if you can.—A. This is the poll book for the women. 

(Book identified and marked “ IM. S. 8.”) 

Q. The entries in that are in your handwriting?—A. Yes, sir. 

Q. What is that one? [Hands witness book.] 

(Book identified and marked “ M, S. 9.”) 

il The entries in that are in your handwriting?—A. Yes, sir, 

Q. Was any one person refused voting that day on the ground that he was 
not registered?—A. Not to my knowledge. 

Q. Now, how many names are on this men’s poll book?—A. I don’t know just 
exactly. 

Q. I ask you if there aren’t 98 numbered in your handwriting? Ninety-eight 
names on this book? That is, the men’s poll book?—A. This is June 5—October 
9 and 16. 



CAMPBETJ. VS. DOITGHTON. 


(Uf) 


Q. Can’t yon tell what this is?—A. This is the hook of .Tune 5, 3920. 

Q. Yon have already sworn that was-A. Where is the other one? 

Q. Here it is. [Hands witness hook.l— A. Sixty-one names on that book. 

Q. Sixty-one women that voted up there?—A. I won’t say 61 women voted. 

Q. How' many men voted?—A. That is, the women; 61. 

Q. How many men voted? Can’t you answer?—A. Well, if this has not been 
changed, and if this is the book, which I presume—it says October 30—what I 
don’t understand is June 5. 

Q. It is in your handwriting?—A. Yes, sir. 

Q. Everything there is in your handwriting?—A. Yes, sir; it is. 

Q. I believe yon swore, a few minutes ago, that was the poll book for the 
men. Is that true?—A. Here it went up to .Tune 6 and October 16—I may have 
made a mistake. 

Q. There are 98 names on the book, altogether, aren’t there?—A. Yes; but 
some of the names may be on there more than twice. 

Q. What were you doing, letting them vote more than once?—A. How could 
I let them vote on .Tune .5, 16, and 30? 

Q. I am asking you. Eveiy entry is in your handwriting.—A. There were two 
elections. 

Q. How many were cast in the .Tune election?—A. I don’t know. 

Q. How many are dated in June? 

(Contestant objects.) 

Q. October ,30 was the general election, wasn’t it? Was that the general 
election? Was October .30 the general election? Please answer yes or no. Was 
that the book that you used at the election?—A. T haven’t said it was yet. 

Q. Is that the book that you used at the November election?—A. This was 
used October 30, 1920. 

Q. When was the general election?—A. November 5, I think. 

Q. How many names are shown on that book?—A. Some names here are 
shown on this book more than once. 

(}. How many names are there? How many is the total number?—A. I see 
right here where it is recorded .Tune 5 and October 9, eight names. 

Q. In other words, there are eight names recorded before the 1st of October?— 
A. Yes, sir. 

Q. And 98 names in all? Is that right?—A. This is not the book we used in 
the November election. 

Q. I ask you if that isn’t the book you gave the .sheriff? Answer that yes 

or no. Can’t you answer?—A. That is the book, poll book, that was used 

October 30, 1920. 

Q. You kept it? You kept the book, and every entry in there is in your hand¬ 
writing?—A. I didn’t have any books at all in my possession when Mr. Min- 

nish- 

Q. Isn’t every name in there in your handwriting?—A. I might have done 
that. 

Q. What were you doing holding an election on October 30? Does that book 
show that 98 persons voted in the last election, or how many persons does it 
show voted in the last election?—A. To the best of my knowledge. 

Q. Well, how many men voted in the last election?—A. The names here on 
this book are recorded more than one time. 

Q. How many are recorded? How many names does it show voted in the 

November election?—A. The past election up here, W. B. Bryant- 

Q. That isn’t the question I asked you.—A. Let me find out what I wanted 
to tell. 

Q. Are you ready to answer?—A. I don’t think this is the book we used the 
last election. 

Q. Well, just leave it at that. Did .you give that book to the sheriff when he 
came for your book?—A. I gave him all I had. 

Q. Was the book that you now hold in your hand kept by you?—A, It was not. 
Q. Whose handwriting is in that book? The handwriting for the election 
June 5, 1920. Well, who did the writing? Did you do it?—A, It is my hand¬ 
writing. 

Q. Well, how many votes did you return as having voted in June, 1920, at the 
primary ? 

(No answer.) 

Q. I ask you if, as a matter of fact, there were only 8 votes cast at the June 
primary, according to your returns made to the board of county canvassers?— 
A. This is the poll book we used, I suppose, or registration; I don’t know. 





CAMPBELL VS. DOUGHTON. 


617 


Q. You don’t know wluit it is?—A. I don’t understand it. 

Q, How many votes did you give to the sheriff?—A. The last time? 

Q. Yes, sir. Did you give him five?—^A. Best of my recollection. 

Q. Are these all the books [hands witness book] ; you have already identified 
every one of them? What is your answer? Are those all the books that vou 
gave to the sheriff, those five that you have there? 

By Mr. Britt : 

Q. Tell him everything that he asks that you know, and tell it to him right 
away.—A. I won’t be certain. 

By Mr, Squires : 

Q. Are those the five books you gave to the sheriff?—A. There is the Rich¬ 
land poll book for the women. (M. S., 8.) That last one don’t look like our 
registration book for the men. 

Q. Well, what is it? You have already testified that every name in there is 
in your handwriting. Now, please tell what it is?—A. If I have made a mistake 
anywhere, I am Irank in telling you so. 

Q. I am just trying to find out what you did put there.—A. There is none of 
us but what are liable to make mistakes. 

Q. Are those the five books you gave the sheriff? You said you gave him 
five books.—A. I am just looking at this poll book now. The poll book is the 
book which I took there; seems like I went there October 9, and on October 2 I 
registered- 

Q. That isn’t answering the question. Are those the five books you gave the 
sheriff? Answer it yes or no. You have already testified, on Mr. Britt’s 
examination, that you gave the sheriff five books; are those the five books? 
These men want to know if these are the books that you returned to the sheriff.— 
A. Now, if I have made a mistake- 

Q. You remember the shape and form and number of the books; just tell 
whether these are the books.—A. I think they are. 

Q. To the best of your knowledge and belief, these are the five books?—A. 
(Witness identifies book previously identified as M. S., 5-9.) 

Q. You say your were appointed as registrar?—A. Yes, sir. 

Q. Is this the letter you got from the chairman, one of the letters that was 
sent to you?—A, I received that a few days before election. 

(Letter identified and marked “ M. S. 10.”) 

Q. Did you receive this letter?—A. Yes, sir. 

(Letter identified and marked “ M. S. 11.”) 

Q. This is the notice of your original appointment, I l)elieve?—A. I returned 
everything- ' 

Q. Is that the original notice of .voiir appointment?—A. Yes, sir. 

(Paper identified and marked “ M. S. 12,”) 

Q, They served a notice for you to deliver the books to the sheriff, didn't 
they?—A. I received a notice the day before I started with the books. 

Q. Why didn’t you return the books in November?—A. Because I had re-^ 
turned the books before over here, and they ha<l been lost, and I was waiting 
for legal notice. 

Q. You bad taken oath to carry out the law?—A. Best of my knowledge. 

Q. Who told you not to return them?—A. Mr. T. C. Curtis and Mr. .Tames 
Chandler. I think Mr. Crisp—I told him; I forget just how it was—but anyway 
that some retui'iied the books and some didn’t. 

Q. Mr. Curtis told you not to return the votes'/—A. He told me to do as I 
please. 

Q, He was judge?—A. Yes, sir. 

(i. And a Rejniblican ?—A. Ortainly. 

Q. And the man that brought the return into Lenoii*'/—A. Certainly. 

Q. Did you have a notice like that .served on you? [Hands witness paper.] 

(Paper identified and mai'ked “ M. S. 13.”) 

A. That was something like that that Mr. Welch brought. I was at school 
3 miles from home. I had started with the books. 

(}. That was the 10th of January?—A. I don’t know. 

Q. The month of January'?—A. I don’t remember the date. I won’t swear 
as to the date, for I don’t remember. 

Q. Who were the four absentees that voted up there'?—A. Mrs. Mary Curd; 
she is a shut-in, 

Q. She is a sick woman?—A. She is not a sick woman; no, sir. 

Q. Where was she on election day'?—A. At J. iMcCurtis’s, in bed. 





618 


CAMPBELL VS. DOUGHTON. 


Q. Did you have a certificate sipied by a doctor tiiat she was unable to 
attend?—A, No, sir, 

Q. Did you liave an affidavit from some person?—A. Herself. 

Q. It was sworn to before a .iustice of the peace?—A. No use; anyone that 
is shut in can’t get out of bed. She has not been out of bed for several years. 

Q. You state that Mary Curd voted there without an affidavit or without a 
doctor’s certificate?—A. 1 sent her-- 

Q. Is that all she sent in with her ticket?—A. She inclosed this in a sealed 
envelope with the ticket. 

Q. That is all she sent in. a Republican ticket and this? 

(Paper identified and marked “ M. S. 14.”) 

(). I suppose she is a Republican. Most of the women are up there? That is 
what you are?—A. Yes, sir. 

(>. Who else voted up there absentee?—A. Mr. Tom Curtis, Miss Sarah Curtis. 

C). What was tlie matter with her?—A. She is a shut-in ; not able to work. 

Q, Was her affidavit brought along with her vote?—A. No more than I had 
been there. 

(). Please answer my cpiestion. Was an affidavit sent in with her ballot?— 
A. No, sir. 

Q. Her husband swore before a justice of the peace or some other person 
authorized to administer the oath that she was not able to come?—A. I saw 
her a few days before. 

Q. I’lease answer the question. Was a written affidavit sent along with her 
ticket?—A. No, .sir. 

Q. That is all that came along with her ticket? [Hands witness paper.]—A. 
Yes sir. 

(Paper identified and marked ” M. S. 15.”) 

Q. Who else voted absentee?—A. Alice B. Dobbins and Sarah Curtis. 

Q. They voted the Repul)lican ticket?—A. I’^es, sir. 

Q. And Mary Curd?—A. I think so. 

Q. Alice Dobbins voted the Republican ticket?—A. She did. 

Q. Is that all that came along with her ticket?—A. Yes, sir. 

Q. No certificate of a doctor? — A. She- 

Q. Was there any certiticate of a doctor with her ticket?—A. You want- 

Q. Answer the question yes or no.—A. That was what was with the ticket. 
Y^ou can have Dr. Goodman brought up here and testify as to her condition. 

(Paper identified and marked “ M. S. 16.”) 

Q. He didn’t do it?—A. No; he can now. 

Q. Who else voted that day?—A. A lady up about Bailey; an old lady. 

Q. What is her name—Helen Moore?—A. I believe it was. 

Q. What did she vote?—A. She voted like the rest of them? 

Q. Republican?—A. Why, certainly. 

Q. That is all that came along with her ticket?—A. If a Democrat came 
up in our neighborhood, he would be run out. 

Q. This is the only paper that came with Helen Moore's ticket?—A. Yes, sir, 
* (Paper identified and marked ” M. S. 17.”) 

Q. What was the reason she didn’t come?—A. She was sick; not able to get 
there. 

Q. Mr. IMinnish, I believe you say, told you not to register anybody except 
those who could read and write?—A. He wrote me that the law that applied 
to the men also applied to the women. 

Q. It required them to read and write?—A. Yes, sir. 

Q. Every woman that you registered you asked her to read and write the 
constitution?—A. I put her under oath. 

Q. Did you ask her to read and write the constitution?—A. I did not. 

Q. Did Mary Bradshaw vote up there absentee?—A. She may have done so. 

Q. Democratic or Republican?—A. Why, I couldn’t tell you now. 

Q. Can you look at the books and tell? She is marked as a Republican, is 
she?—A. Yes, sir, 

Q. She voted the Republican ticket?—A. Yes, sir. 

Q. She voted that with the certificate, didn’t .she? [Hands witness paper.]— 
A. Yes, sir. 

(Paper identified and marked ” M. S. 18.”) 

Q, That was all that came along with her ticket?—A. That was all. 

Q. What was the rea.scm she couldn’t come to the polls?—A. Her husband 
said she was sik and I swore him to the fact. 

Q. Where is the affidavit? Did you write out an affidavit?—A. No, sir. 





CAMPBELL VS. DOUGHTOX. 


619 


(}. AVill yon kindly designate which one of these hooks yon kept the list of 
voters that yon voted in the election on? Which did yon nse as poll book on 
election day? Yon kept a list of votei's that day, didn’t yon? Yon can answer 
that yes or no.—A. Those are the women’s poll hooks. [M. S. 7 and M. S. 8.] 
This is the men’s registration hook. [M. S. 6. | 

Q. Wliat is that hook yon have in yonr hand?—-A. It says poll hook. 

Q. What do yon call it?—A. I call it kind of mixed np. 

Q. What is it? What did yon intend it for when yon wrote it ont?—A. Best 
of my knowledge, .I'nst a book that had been nsed as poll bool^: for June 5-9-16. 

Q. Yon have already testified, and it is in this record, that every name on 
that hook is in yonr handwriting. What did yon nse it for?—A. It don’t seem 
to me like this is the right book. 

Q. It is in your handwriting. Aren’t those names duly numbered that voted 
in the November election?—A. This says October. 

Q. Did yon have any election in October? Where is the poll book yon kept 
for the men?—A. These are the five books. 

Q. Now which one is the men’s hook?—A. This looks like a book that has 
been nsed previously; the dates don’t correspond. 

Q. Yon never nsed this road bond book at all, did yon?—A. Took a few 
names and put them on the other book. 

Q. Where is yonr poll book?—A. I don’t know. 

Q. Did yon keep one?—A. I did not. 

Q. Did yon keep any poll hook of the women?—A. No, sir. 

Q. Did yon keep any poll book of the men?—A. No, sir. I sent them over 
here. 

Q. Did yon keep any on election day? A. No, sir; I didn’t. 

Q. What is the vote np there between Campbell and Donghton? Do yon re¬ 
member? Is that yonr tally sheet? How many votes did Mr. Donghton get 
np there?—A. He got less than a dozen. 

Q. How many votes did Dr. Campbell get np there?—A. I don’t remember. 

Q. And yon didn’t keep any poll book?—A. We kept the poll book, but that 
doesn’t—we had a poll book. 

Q. Yon said yon kept no list of voters at all on the day of election?—A. Why, 
we did. I said those looked like the books, except the last poll book. 

Q. Haven’t yon sworn, in the last five minutes, that yon didn’t keep any poll 
book?—A. I didn’t keep any poll book. 

Q. That settles it?—A. I sent what I had over here. 

Q. Did yon keep any on the day of election?—A. Oh, why, certainly. 

Q. Where is the list of voters that voted on that day?—A. I sent the books 
over here. 

Q. Where is the list of voters?—A. I don’t know. 

Q. Did yon keep them on a book?—A. We kept them on a book. 

Q. Where is the book?—A. I know here is five books, but they don’t cor¬ 
respond. 

Q. Yon have already sworn that they do, and that everything in them is in 
j'onr handwriting. Who were the judges there that day?—A. Mr. T. C. Cnrtis. 

Q. Who else?—A. Mr. Holsclaw. 

Q. Mr. Cnrtis is a Democrat?—A. No, sir. 

Q. Republican?—A. Republican. 

Q. What is Mr. Holsclaw’s politics?—A. Democratic. 

Q. How many people did yon register last fall?—A. I don’t remember exactly 
how many. 

Q. How many did yon present a bill to the county commissioners for having 
registered?—A. I don’t remember. 

Q. The bill yon rendered to the county commissioners will show the correct 
nnmber?—A. I registered, best of my knowledge, something over 60; between 
61 and 65 women. 

Q. How many men did yon register?—A. I don’t know. 

Q. And yon say yon never tested anybody to see whether they conld read and 
write or not?—A. Some of them. 

Redirect examination by Mr. Britt : 

Q. Mr. Dobbins, those four women, Mary Curd and others, that yon say yon 
didn’t get any certificates from, do yon know, of your personal knowledge, that 
they were sick or bedridden so they couldn’t come to the polls?—A. How many 
were there? 


620 


CAMPBELL VS. DOUGHTOIs^. 


Q. You said four.—A. INIary Curd and Mrs. Curtis, I know of my personal 
knowledge, for I have been there several times, and they are what you term 
as shut-ins. 

Q. What are the others?—A. One of them is my wife. 

Q. What was the nature of her illness?—A. Appendicitis. 

Q. She was unable to attend the polls?—A. She was. 

Q. Who was the other?—A. Preacher Bradshaw’s wife was one of them. 

Q. What was the nature of her illness?—A. She was unable to attend the 
polls. Her husband came there and told me she was unable, and I qualified 
him to it. 

Q. You swore him?—A. I swore him, and I sent an absentee vote. 

Q. Now, these five books—how did the certificates come to you?—A. By hand. 

Q. Mr. Dobbins, these five books that Mr. Squires showed you, I ask you 
if you didn’t receive all of them from the Democratic count.y board of elections 
or other authorities?—A. Yes, sir; I received them from them. 

Q. Now, as to registering voters, I ask you if you registered any voter there 
who wasn’t, as you understood it, a lawful voter. 

(Contestee objects.) 

A. I was fully satisfied that each one that I registered was a legal voter. 

Q. Did you swear them?—A. I swore them. 

Q. When they came to the election, and the men and women voted, did you 
write down their names in this poll book or on some poll book?—A. I wrote 
down the women’s names on their poll book, which looks all right. 

Q. What as to the men’s names? Did you write the men’s names down?—A. 
I did, and I can prove it by one gentleman right here. 

Q. And you have returned to the sheriff, or to somebody else, all the books 
that you had fbere?—A. I returned them all. 

Q. And you didn’t let anybody vote who was not, as you thought, a legal 
voter?—A. No, sir. 

Q. And you returned, as you thought, all who were legal voters?—A. Did 
the best I could. 

Recross examination by Mr. Squiees : 

Q. Did you return your certificates to Lenoir—absentee?—A. I put them 
in the book. 

Q. And returned the book a month or two after election?—A. With them 
in it. 

Q. You didn’t send them with Mr. Curtis to this board?—A. No, sir. 

Q. What was the total number of persons voting on your books, men and 
women, altogether?—A. I don’t know exactly; something like 125 or 126; along 
there somewhere. 

(Counsel for contestant asks that the subpoena served upon R. S. Presnell, 
with the entries thereon, be copied into the record verbatim:) 

United States of America. 

Jw the Sixty-seventh Congress. 

The congressional contest of James I. Campbell v. Robert L. Doughton. 


To J. A. Triplett, 

Sheriff of Caldtcell County, greetings: 

You are hereby commanded to summon R. S. Presnell, Walter Morrow, John 
Sherrill, if to be found in your county, personally to appear and be before the 
undersigned notary public and commissioner of testimony, Monday, March 7, 
1921, at the hour of 10 o’clock a. m., at the courthouse, county of Caldwell, 
State of North Carolina, then and there to give testimony on behalf of James I. 
Campbell, contestant, in said case. 

Herein fail not at your peril. 

[SEAL.] • Monroe Adams, 

Notary Public and Commissioner of Testimony. 

Commission expires April 19, 1922. 

Congressional contest of James T. Campbell v. Robert L. Doughton. 

Received March 4, 1921. 

Served March 5, 1921, by reading the within subpoena to each. 

T hereby accept service of the within subpoena this the-day of- 

1921. 


J. A. Triplett, Sheriff. 




CAMPBELL VS. DOUGHTON. 


621 


Counsel for contestant, in open hearing, gives notice that before the Coni- 
niittee of Elections of the House of Representatives motion will be made to 
throw out, disregard, and refuse to count or consider the vote of Lower Creek 
Township, Caldwell County, for the reason that demand has been made upon 
the registrar of deeds of Caldwell County for the registration hook of said pre¬ 
cinct, he, the said register of deeds, being the lawful custodian of said regis¬ 
tration book, and testifying on March 8 that it is not in his care and keeping, 
and that it has not been in his care and keeping, and therefore the contestant 
is unable to make any lawful inquiry of record into the status of the vote of 
said precinct. 

Counsel for contestee gives notice that the contestee will move before the 
Committee of Elections of the House of Representatives tb disregard, throw 
out, and not count the returns from Richlands precinct, Patterson Township, 
for the reason that no list of voters has been returned as prescribed by law; 
that the poll books identified by the registrar show 159 persons as having vote<l, 
when his oral testimony shows that only 126 voted, and for divers other irregu¬ 
larities as will appear from the testimony of C. J. Dobbins, registrar of said 
precinct, and for the further reason that the books for said precinct were kept 
in the custody of the said registrar and not returned to the proper depositary 
until January 11, 1921, 

To which motion counsel for contestant rejoins that the motion last made by 
counsel for contestee will be resisted and opposed, for the reason that the entire 
election machinery of said county, as well as of said State, including the 
appointment of all officials thereof, is solely within the hands of the friends, 
partisans, and adherents of contestee, and that they can not be permitted to 
take advantage of their own wrongs or defaults, 

(At the hour of 1.30 p, m. the hearing is adjourned.) 

I certify that the foregoing testimony was taken by me; that the witnesses 
herein were duly sworn by me; and that the transcription thereof is, to the 
best of my knowledge, in accordance with the testimony given by the witnesses. 

Marie Shank. 

Subscribed and sworn to before me this the 6th day of June, 1921. 

[SEAL.] Paul P. Brown, 

Notary Public. 

My commission expires March 27, 1922. 


Contestant’s Caldwell County Exhihit No. 1.—The Lenoir News, January 

10, 1919 (Omitted in Printing). 

This hearing opened at tlie hour of 10.30 a. m. in the courthouse of Ashe 
County on Monday, :March 14, 192,1. with IMonroo Adams, notary public, for and 
in 1 he* county of Iredel, N. C., duly commiss'oned by the governor of the State 
and his comni’ssion expiring on A])i'il 19, 1922; and present on the part of the 
contestant. James 1. Campbell, the contestant, in person and on his behalf as 
attorneys, C. P>. Spicer, of Aslie County, and W. L. Campbell, of Stanly County, 
and present on part of the contestee, the contestee in person and G. L. Park, 
W. B. Austin, and as stenographer taking the evidence, Ensa L. Perkins, who, by 
the commissioner, has been duly sworn for the evidence on this hearing. 

The contestee, through h's attorney, G. L. Park, objects to the taking of the 
evidence before jMonroe Adams, notary public, commissioner of testimony, for 
the reason that the said jMonrne Adams is attorney for the contestant, liaving 
so acted the previous hearing in various counties in this the eighth congres¬ 
sional district of North Carolina, and notice is hereby given that contestee will 
make motion to have the testimony so taken before the said Monroe Adams 
stricken out at the proiier time. 

The attorneys for the contestee in open hearing waive notice required by law 
as to the witnesses to be examined upon in the day’s hearing or in to-morrow’s 
hearing if same continue into morrow by reason ot the attorneys of the con¬ 
testant having faileil to serve them with notices of the same for two days, as 
required bv law, with the understanding and agreement made by the attorneys 
of the contestant that similar favors will lie accorded by tliem in the hearing 
of the contestee in the taking of testimony during his 40 days in this county 
and all other counties in the eighth congressional district, except the county of 
Caldwell. 


CAMPBEI.L VS. DOUGHTON. 


()22 


]M. C. ROARK, witness for contestant, testified as follows: 

Direct examination by C. B. Spicer: 

Q. What is yoiir name?—A, Milton Columbus Roark. 

Q. You are the register of deeds for this county?—A. Yes, sir. 

Q. And have been such since past election?—A. Y^es, sir. 

Q. As register of deeds .von are custodian of poll books and registration 
books?—A. Yes, sir. 

Q. Have you the poll books and registration books for this county in this 
office?—A. AVith the exception of Clifton. 

Q. All wei-e turned in with the exception of Clifton?—A. Yes, sir. 

Q. You have neither the poll book nor the registration book for Clifton?—A. 
No. sir. 

Q. Have any precinct certificates of any kind been turned into your office?— 
A. No, sir. 

Q. You have the vote of fhe different precincts cast in this election?—A. 
Yes, sir. 

(}. Have you that vote with you—tliat record with you of the vote cast in 
this county for the con.gressional race?—A. In the office. 

Q. Bring that up with you ; we want to get that into the record. Read the 
congressional vote for every precinct in your county for the year 1920.—A. 
Chestnut H ill—Doughton, 222; Campbell, GO. (hifton—Doughton, 302; Camp¬ 
bell. 292- 

Q. You state that that's the precinct for which tlie books haven’t been turned 
in?—A. A’es, sir. Creston—Doughton, 72; Campbell. 191. Grassy Creek— 
Doughton. 123; Caiupl)ell. 132. PJelton—-lioughton, 196; Campbell. 212. Horse 
Creek—Doughton. 2,S1; Campbell. 422. .Tefferson—Doughton, 510; Campbell, 
104. Laurel—Dou.ghton. 44; Campbell, 24G. North Fork—Doughton, 106; 
Cami)bell. 331. (>l)ids—Doughton, 185; Campbell, 129. Old Fields—Doughton, 
283; Campbell, 348. Peak Cieek—Dou.ghton, 314; Campbell, 237. Piney Creek—- 
Doughton. 149; Campbell, 343. Pine Swamp—Doughton. 247; Campbell.* 240, 
Walnut Hill—Doughton. 260; Campbell. 164. West Jefferson—Dougliton, 348; 
Campbell. 229. Total—Doughton, 3,642; Campbell, 3686. 

Q. You state that the registration book nor the poll book from Clifton Town¬ 
ship has not been returned to your office?—A. Not to the best of my knowledge. 

Q. As register of deeds and custodian of these books, do you know of any 
other official documents whereby the friends of the contestant. Dr. Campbell, 
could gain any information as to whether or not the votes cast in Clifton pre¬ 
cinct were legal or illegal?—A. No, sir. 

Q. To your own knowledge, that would be the only way to ascertain whether 
they wer(* legal or illegal? 

(R. L. Doughton, contestee, through his attorneys, objects to answering the 
foregoing question for the reason that the election officers are the ones to pass 
upon the legality of the votes and not the register of deeds.) 

A. I don’t know of any other way. 

Q. To your knowledge, I am asking.—A. I would think that would be the 
only way. 

Q. You state that there were no absentee certiticates turned in to you whatso¬ 
ever?—A. No, sir. 

W. B. AUSTIN te.stified as follows: 

Direct examination by C. B. Spicer: 

Q. Youi- name is W. B. Austin?—A. Yes, sir. 

Q. You ai'e an attorney yourself?—A. Yes, sir. 

Q. Member of the firm of Bowie & Austin?—A. Yes, sir. 

(}. You were chairman of the Democratic executive committee for the last 
election?—A. Yes, sir. 

Q. Your i^artner, Mr, Bowie, was candidate on the Democratic ticket for the 
lower house of the legislature?—A. Y^es, sir. 

Q. You were also attoi-ney for the county board of elections?—A. No, sir. 

Q. Didn’t you prepare the list and assist the county board of election in 
selecting the Democratic registrars?—A. As chairman of the party I made 
some i-ecommendations as to the registrars. 

Q. Didn't you assist in preparing the notices that you gave to these regis¬ 
trars?—A. Did not. 

Q. Those tiiat you recommended were appointed?—A. I think so; in most 
instances. 


CAMPBELL VS. DOUGHTON. 


623 


Q. And the jiidj^es of election that yon recommended were appointed?—A. I 
didn’t recommend many jiidj^es; left that to the hoard of election. 

Q. After these registrars were appointed and entered upon the duties of their 
oflice you from time to time communicated to them?—A. Yes, sir. 

Q. By letter and otherwise?—A. By letter and otherwise. 

Q. And gave them instructions concerning the duties of their oflice?—A. Don’t 
know as I ever gave them any instructions. 

Q. Would you say that you didn’t give them any instructions?—A. I don’t 
remember whether T ever gave them any instructions or not. 

Q. To refresh your memory, in the beginning of the registration some of the 
registrars registered all, without invoking the education qualifications?—A. Have 
been told that they did. 

Q. I will ask if you didn’t write Mr. Bill Owens, registrar for Pine Swamp 
Township, that the educational qualification must be enforced?—A. May have 
written him such a letter. 

Q. Would you say that you didn’t?—A. No, sir. 

Q. And you wouldn’t say, Mr. Austin, that you didn’t write all of the regis¬ 
trars to that effect, would you? 

(Ob.iection by counsel for contestee.) 

Q. You went to see some of the registrars with reference to enforcing the 
educatronal qualification?—A. Not with that purpose. 

Q. You are one of the attorneys for the contestee?—A. Yes, sir. 

Q. To refresh your memory, do you remember the time that you went to the 
trial of Rondo Hodge before Isaac Pennington? 

(The contestee, by his counsel, G. L. Park, objects to the form of examination 
for the reason that he is attempting to cross-examine his own witness.) 

A. Yes, sir. 

Q. 'Do .vou remember that on that trip that you went to see G. C. Miller, regis¬ 
trar of Laurel Township?—A. Passed by his place and saw him; I was going 
to S. C. Kilby’s on some business. 

(.J. Did you have any conversation with him with reference to registering in 
that township?—A. Hadift registered but about seven that day. 

Q. Did you discuss the educational qualification with him?—A. Don’t re¬ 
member. 

Q. Would you say that you didn’t?—A. Wouldn’t say. 

Q. That is a strong Republican precinct?—A. Yes, sir. 

Q. Only about 44 votes cast for the contestee in that precinct and 246 for the 
contestant?—A. Don’t know whether that is correct or not. 

Q. Doesn’t Mr. G. C. Miller live directly on the road between Isaac Pennington 
and .1. C. Kilby?—A. He does. 

Q. Did you go up the Laurel Road?—A. Went up the Laurel Road. 

(i. You stopped at his home?—A. Stopped in the road on my horse about five 
minutes. 

(i. Called him out?—A. He was in the yard. I went on to Shade Kilby’s and 
spent the night. 

Did you tell him that he would have to turn down all the Republicans up 
there that he could?—A. No, sir. 

CJ. Didn’t suggest to him that he turn down any Republican? Would you 
swear that you didn’t?—A. No, sir. 

(Contestee, by his attorney, G. L. Park, objects to the foregoing question. 
Reason for ol)jection to be assigned later.) 

Q. Who was the registrar for .Jefferson Township, your home precinct?—A. 
Witherspoon. 

Q. Did you suggest to him that he turn down any illiterate Democratic 
voter?—A. Would have if he had asked me; made no discrimination in my 
advice to any registrar in any township in the county. Advised them all when 
they asked me as I understood the law. 

(i. .Jefferson is a'strong Democratic township?—A. Yes, sir. 

(i. The contestant only received 104 votes in .Telferson precinct?—A. Records 
show. 

Contestee received 510 votes?—A. Record speaks for itself. 

Q. The registrar for .Jefferson Township was often at your office during the 
registering period?—A. Yes, sir. 

Q. And registered voters in your office, did he not?—A. I don’t remember. 

Q. Didn’t he register the girls of obi man Calvin Bare in your office?—A. I 
don’t know them. 

Q. You wouldn’t say he didn’t?—A. Would not. 


624 


CAMPBELL VS. DOUGHTUN. 


Q. You know by reputation that they could not read and write? 

(Contestee, hy‘liis attorney, G. I.. Park, objects to the form of examination 
and questions by contestant of his own witness.) 

A. Do not; don’t know them. 

Q. Isn’t it the understanding in the community here that iMr. Witherspoon 
registered some 40 to 50 illiterate Democratic women in this township; to be 
exact, 44? 

(The contestee, by his attorney, G. L. Park, objects to the foregoing question 
for the reason that the same is incompetent.) 

A. Don’t know how many, whether any or not. Of my own knowledge, don’t 
know that he registered a single one. 

Q. Don’t you know from information that Mr. Miller, in Laurel Township, 
turned down 50 to 75 Republicans, some of whom could read and write. 

(Contestee, by his attorney, G. L. Park, objects to the foregoing question for 
the reason that it calls for incompetent testimony.) 

A. I don’t know; I have heard it. 

(Contestee objects to the foregoing answer for the reason that the same is 
heresay and therefore incompetent.) 

Q. You have heard that Mr. Witherspoon registered in Jefferson Township 
women that can’t read and write?—A. I have heard some such talk. 

(Contestee, through his attorney, G. L. Park, objects to the foregoing question 
and answer for the reason that the same calls for hearsay testimony which is 
incompetent.) 

Q. You sent out to the registrars and other election officials letters from time 
to time, did you not?—A. Y^e^, sir; I wrote various parties letters all over the 
county. 

Q. You sent out that letter didn’t you, Mr. Austin? [Shows letter.]—A. I did. 

Q. You sent this to the election officials in respective precincts?—A. Did not. 

Q. You say that you didn’t send letter to any officials in respective pre¬ 
cincts? 

(Contestee objects to the foregoing question for the reason that it’s an 
attempt to impeach his own witness, and that contestant is attempting by his 
method of examination to impeach his own witness both by his form of exami¬ 
nation and by the evidence attempted to be brought out, which is contrary to all 
rules of evidence.) 

A. Sent letters similar to that as chairman of the Democratic executive com¬ 
mittee to leading Democrats in each township in the county, and have no recol¬ 
lection of sending this letter or copy of same to any election official in the 
county. 

Q. To refresh your memory, I will ask you if you didn’t send a copy of this 
letter to INIi'. .7. A. Pierce, of Gra.ssy Creek, registrar?—A. I have no recollec¬ 
tion of it. 

Q. AVould you say that you didn’t?—A. Wouldn’t say that I did not or did. 

Q. AA'ould you say that you didn’t send a copy of this letter to each registrar 
in each precinct?—A. Did not make it a point to send to each registrar in each 
township. 

Q. You sent out that letter, didn’t you, Mr. Austin? [Shows letter.]—A. I 
did. 

Q. You sent this letter to the registrars of all the townships?—A. Sent that 
letter to several Democi’ats in each township in the county. 

Q. Sent them to the registrars, you said?—A. Didn’t say it. 

(). AA'ill you say you didn’t send this letter to the registrars?—A. I sent 
this letter to several leading Democrats in each township in the county. Have 
no recollection of sending it to any registrar in particular, but wrote it and 
sent it as a genei-al letter to all leading Democrats in various parts of the 
county. 

(). ’Po refresh your memory, I will ask you if you didn’t send that identical 
letter to G. C. Miller, registrar of Laurel Township?—A. Probal)ly so, or one 
similar. 

Q. Did you send this letter? 

(Ashe County, Exhibit A offered in evidence.) 

(Contestee, G. L. Park, as attorney, objects to the introduction of letter of 
date October the ]1, 1920, and marked as “Exhibit A,” for the reason that the 
same is an attempt to impeach contestant’s own witness, and for the reason 
that same is incompetent and does not show that it was addressed to any 
individual.) 


CAMPBELL VS. DOUGHTON. 


625 


Exhibit A. ' ; 

Ashe County Democratic Executive Committee, 

Jefferson, N. C., October 11, 1920. 

Dear Sir: I have called a meeting of the Democrats of your township at 
Dr. B. C. Waddell’s on Thursday night, October 14. I want the Democrats of 
your township to have a meeting at least once a week from now until after 
the election. The time and places to be selecte<l at your tirst meeting. 

Send word to and notify all Democrats to be present, as it is impossible 
for me to write every Democrat. 

I want you to furnish me at once with a list of the absent voters in your town¬ 
ship in order that we may send them ballots to vote by mail. 

You must appoint a committee in each section of your township to see that 
every Democratic woman is registered. That she has a way to go to the elec¬ 
tion and that she goes and votes. This must be done. To win this election 
every Democratic woman must register. 

Divide up the work in the different parts of the townhsip among the Demo¬ 
cratic workers in the different sections of the township, and do not require 
any one person to do too much work. The Ilepublicans are working day and 
night and we must work. If every Democrat will do his duty and work we will 
win this election. 

Elect a township treasurer to handle the township funds and see that they 
are properly and legitimately expended. 

Work, work, work, and win. 

W. B. Austin, Chairman. 

(Exhibit B introduced and offered as evidence.) 

(Contestee objects for the same reason as'assigned to Exhibit A.) 

Exhibit B. 


Ashe County Democratic Executive Committee, 

Jefferson, N. C., October 26, 1920. 

Dear Sir : We lost the last election by not getting our voters out. Get them 
out this time and win. Y’'ou should make a list of every voter in your town¬ 
ship who is unable to get to tbe election and see that they vote by mail. 1 
would also suggest that you make a list from the register books of every 
Democratic voter in the township and have some one at the polls to check each 
one’s name as they vote. In this way you can tell at any time who has not 
voted and no one shoidd be overlooked. 

In case the Republicans attempt to copy the register 
day you should object. The registrars are honest men 
speak for themselves. The Republicans have a right to inspect but not to copy. 

All the tickets to be voted are now ready for distribution, and you should 
send some one for them at once as they can not be mailed. 

every Democrat work this next week and victory is ours. 

Yours, truly, 

W. B, Austin. 


books this next Satur- 
and the register books 


Q. You called a meefing of the registrars at Jefferson, of various precincts 
just prior to the election?—A. After the books were closed. 

Q. After the books were closed?—A. Yes, sir. 

Q. And at that meeting you checked up the register books and made a poll 
of the county, didn’t you?—A. Didn’t check them up, did make a poll of the 
count.v. 

Q. That was before the Saturday of the challenge day wasn’t it, Mr. Aus¬ 
tin?—A. Y'es, sir. 

Q. How much funds did the Democratic committee have in this county?— 
A. Do not know. 

Q. How much over $10,000?—A. Not any. 

Q. Did it run as much as $10,000?—A. Wouldn’t think so. 

Q. Would you swear that it didn’t run as high as $10,(XK)?—A. I will. 

Q. Will YOU swear that it didn’t run as high as $8,000?—A. I will. 

Q. How much?—A. Don’t know. I wasn’t chairman of any finance com¬ 
mittee in the county. 

Q. How can you swear how much the committee had if you wasn t chairman 
of any committee?—A. I was chairman of the Democratic Party and had 


57695—21 


40 



626 


CAMPBELL VS. DOUGHTON. 


knowledge of the situation sufficient to know there wasn’t that amount spent, 
or anything like that amount spent, by the Democrats in this county. 

(^. Did you receive any of those pictures with Mr. Har<Ung and those 
Negroes around him?—A. Did not. 

Q. Did you post any in the post office at Jetferson?—A. Never posted any nor 
liad anything to do witli any being posted. 

Q. Did you receive any records of the family tree of Mr. Harding?—A. Did 
not. Nothing like that was sent out from my office. 

Cross-examination by G. L. I'akk, attorney for contestee: 

< The contestee hereby objects and protests to the insertion of any matter in 
this record which will retlect or which does reflect upon the President of the 
United States.) 

Q. ]Mr. Austin, I believe you stated that you were chairman of the Demo¬ 
cratic executive committee of Ashe County?—A. Yes, sir. 

Q. C. I>. Spicer, attorney for contestant, who has made his examination or 
cross-examination of you was chairman of the llepublican executive committee, 
was he not?—A. Yes. sir. 

(}. As such (‘hairman, he wrote a number of letters charging roguery, did he 
not?—A. He did. 

Q. Mr. Spicer, as chairman of the Itepublican executive committee, ])a.ssed 
upon township executives and registrars of the county, did he not?—A. My 
opinion. 

Q. In writing letters, as chairman of the Democratic executive committee, 1 
wish you would state whether or not you advised any man to violate the elec¬ 
tion or have any illegal votes cast.—A. I did not. 

I believe you stated, as chairman, that you never received in your office a 
picture of l*resident Harding.—A. Don’t think so. 

Q. And never received the family tree?—A. Don’t think I received that. 

ij. You never cii-culated or procured the circulation of any such a campaign 
document?—A. I did not. 

Q. As chairman of the Dcanocratic; executive committee you never advised 
any of the elec'tion officei's to violate the hiw and procure the voting or casting 
of any illegal votes, did you? A. Did not. 

Ke-direct examhiation by Mr. Stucfk, att<u-ney for contestant: 

Q. You are familiar with section 6010 of the Public Law.s of North Carolina, 
aren't you?—A. I think so. 

Q. “Any officer who shall refuse to permit any candidate or person qualified 
to vote at his own expense to have a copy of the poll books, shall forfeit or 
pay $200; one-half to the person who shall sue for the same and the other 
one-half to the use of the State.’’ Y"ou did write in your letter dated October 
2.5, 1920, “ in case the liepublicans attempt to copy the re.gister books this next 
Saturday you should object.’’ You did write that in your letter of October 
25, 1920?—A. I’lie registrars which were appointed by the board of elections 
in Ashe County were among the best men in the township, in a majority of 
cases men who had been justices of the peace for years; men who I thought 
wonld do their duty, and I think did do their duty. 

Q. You mean the best men from the Democratic standpoint? 

(The foregoing question and answer is objected to by the contestee for the 
i-eason that section 6016 applies to poll books and not registration books and 
for the further reason that contestant is attempting to impeach his own wit¬ 
ness. ) 

A. When these registrars were appointed by the board of election in Ashe 
County INIr. Charles B. Spicer, chairman of the llepublican executive committee 
in this county, came to me and congratulated me upon the class of men that 
had been selected as registrars and election officials in this county and stated 
that he had no objections to any man who had been appointed, with the ex¬ 
ception of one. 

Q. In your letter of October 11, 1920, you wrote the Democratic workers in 
the townships, “ I want you to furnish me at once with the list of the absentee 
voters.’’—A. Letter speaks for itself. 

Q. Did you write the Democratic workers in the township to send you a list 
of the absentee voters of the county?—A. I did. 

Q. And they responded with the names of the absentee voters?—A. I re- 
c('ived names and addresses of several. 

Q. And you sent certiticates to various absentee voters?—A. Yes, sir. 


CAMPBELL VS. DOUGHTON. 


627 


Q. And you sent a letter—you know W. J. Stanley, who formerly lived at 
Jefferson?—A. Don’t know him. 

Q. You don’t know him?—A, Don’t know him; gone before I came to Jef¬ 
ferson. 

Q. You had heard of him?—A. Yes, sir. 

Q. You sent a letter with the certificate to Jonah Stanley to vote under 
absentee?—A. Don’t know. 

Q. You know that Jonah Stanley had been out of North Carolina for from 
four to six years? 

(Contestee objects to question relating to letter or letters written by witness 
which contestant states anything contained in the letter for the reason that the 
same is incompetent.) 

A. Do not know anything about it. 

Q. You went to work at Peak Creek Township, didn’t you, on election day?—• 
A. I was there election day. 

Q. You knew A^’ill Loggins, didn’t you; his vote was challenged on election 
day?—A. Said so. 

Q. For the reason that he had been out of the State for from 9 to 12 years?— 
A. Didn’t have anything to do with the challenging. 

Q. Didn’t you stand by and insist that he vote?—A. Did not. 

J. A. PIERCE testified as follows: 

Direct examination by C. B. Spicer : 

Q. You are registrar of election in what township?—^A. Grassy Creek. 

Q. How long have you been registrar of elections in Grassy Creek Town¬ 
ship?—^A. I have acted as such several times in the last 35 or 40 years—36 
years, anyway. 

Q. As registrar you did all of the registering yourself, did you?—A. Yes, sir. 

Q. Did you delegate any authority to anyone else to register for you?—A. 
No, sir. 

Q. You registered Margie Phipps?—A. Yes, sir. 

Q. Democrat, isn’t she?—A. I suppose so. 

Q. You applied the literacy test, did you?—A. In all cases. 

Q. Every person that I’egistered, you required them to read and write in 
your presence?—A. Everyone except her and one old lady; just registered two 
old ladies on their say so. 

Q. Where did you registei- INlrs. Phipps?—A. At her home. 

Q. At her home?—A. Yes, sir. 

Q. You registered Mrs. Hamby?—A. Yes, sir. 

Q. Did you apply the test to her?—A. Yes, sir. 

Q. Did she read and write?—A. Yes, sir. 

Q. Did she read and write the constitution?—A. She read part of the con¬ 
stitution, and wrote some; I saw she could read and write. 

Q. What section of the constitution?—A. I don’t recollect what section 
it was. 

Q. Was it some section you had picked out for her?—A. I just turned any 
place I happened upon. 

Q. About how much of the constitution?—A. A part of the section generally. 

Q. A word or two?—A. More than a word or two. 

Q. What did she write?—A. She wrote her name and post office. 

(The contestee requests the contestant to here and now express whether it 
is the purpose of the contestant to go behind the election returns and contest 
any vote cast in the election held the 2d day of November, 1920, for the reason 
the voter could not read and write. The attorneys for the contestant decline 
to divulge the purpose of any examination except as divulged from the evi¬ 
dence itself.) 

Q. So you didn’t require INIrs. Hamby to write the constitution?—A. Not 
a whole section. 

Q. You asked her to wilte her name and address and she did so?—A. Yes; 
she read a part of the section and wrote her name and post-office address. 

Q. Annie Arnold—did she register?—A. Yes, sir. 

Q. INIrs. Hamb.v is a Democrat?—A. Yes, sir. 

Q. Annie Arnolds—did you register her?—A. Yes, sir. ^ 

Q. Did you put the educational test to her?—A. Yes, sir. 

Q. Did she read the constitution?—A. Yes, sir. 

Q. Did she write the constitution?—A. Yes, sir. 


628 


CAMPBELL VS. DOUGHTON. 


Q. And Bettie Hurley—did she register?—A, Yes, sir. 

Q. Did she i-eud the constitution?—A. Better than I could. 

Q. Write the constitution?—A. Yes, sir. 

Q. IMollie Johnson—do you know her?—A. Yes, sir. 

Q. Did she read and write?—A. Couldn’t read to do a bit of good. 

Q. Not as well as Mrs. Hamby?—A. No, sir. 

Q. Did you ask her to read the same section of the constitution that you 
did Mrs. Hamby?—A. Don’t recollect about that: just turned over the constitu¬ 
tion and let them read a few words. 

Q. Hemp Blevins—do you know her?—A. Yes, sir. 

Q. You declined to register her?—A. Yes, sir. 

Q. She was a Republican?—A. Yes, sir. 

Q. Mollie Johnson Republican?—A. I suppose so. 

Q. Hemp Blevins could read and write?—A. Could read but not do a bit 
of good writing. 

Q. Mispronounced some of the words?—A. Yes, sir. 

Q. You required her to read an entire section of the constitution?—A. Don’t 
think so; let her try to read a little. 

Q. .Tennie Blevins—did she present herself for registration?—A. Yes, sii’. 

She’s a Republican, isn’t she?—A. I think so. 

Q. You declined to register her?—A. Yes, sir. 

Q. She can read and write?—A. Not much. 

Q. She did read and write, didn’t she?—A. She wrote a little, but couldn’t 
read. 

Q. She mispronounced some of the words?—A. Nearly every one. 

Q. Ollie Blevins presented herself?—A. Yes, sir. 

Q. Republican, too?—A. Couldn’t read, but could write a little. 

Q. She could read, but mispronounced some of the words?—A. Couldn’t 
read to do any good. 

Q. How many other Republicans did you decline to register in your town¬ 
ship?—A. 1 don’t remember; I never kept no count. 

Q. About how many?—A. I guess two or three others presented themselves. 

Q. How many in the township, Republicans, didn’t present themselves for 
registration?—A. Don’t know that. 

Q. Wouldn’t you say some 20 or 25?—A. I couldn’t tell about that; don’t 
know. 

Q. How many Democrats did you decline to register?—A. I don’t recollect: 
could tell part of them. 

Q. Name all of them.—A. Didn’t register old man Dave Graybeal’s wife; 
wasn’t at polling place. 

Q. Another one. please.—A. INIitchell Werts’s wife. 

Q. Did she present herself at the polling place?—A. No, sir; wasn’t able 
to leave home. 

Q. Did you go to her home?—A. l^es, sir; and registered her daughter. 

Q. She asked you to register her?—A. Yes, sir. 

Q. Name another.—A. Jim Blevins’s wife. 

Q. Did she present herself at the polling place?—A. Wasn’t able to get out, 

Q. Didn’t register her?—A. No, sir. 

Q. Have you got another?—A. Don’t remembe'r. 

Q. They didn’t come out?—A. Not to the polling place. 

Q. These three are all you remember?—A. All I got in my mind right now. 

Q. How many Democrats presented themselves to the polling place to be 
registei-ed?—A. I don’t recollect that: don’t know how many registered. 

Q. Would you say as many as 10 Democratic women came to the polling 
place to register?—A. I guess so. 

Q. Would you swear as many as 10 came?—A. I wouldn’t swear; remember 
four that came together. 

Q. There are 123 Democratic votes in that township?—A. The records show. 

Q. About that many?—A. There might be; I don’t remember. 

Q. Did you register any Republicans away from the polling place?—A. 
Yes, sir. 

Q. Who?—A. Went to Wiley and Clayt Baker’s place, where a bunch of 
women lived. 

Q. Who was that that come to you and told you that they were going to vote 
the Democratic ticket and had you go over there that night?—A. I hadn’t seen 
them. 


CAMPBELL VS. DOUGHTON. 


629 


Q. I ask you if a man didn’t come to you, over there at your place, and tell 
you that these women would vote the Democratic ticket if they were registered, 
and if you didn’t immediately get on your horse and go over there and register 
them' that night?—A. Might have told me; thej^ had been to my place and gone 
and I went over there and registered them tliat night, aial if anyone come there 
and told me they wanted to vote the Democratic ticket I don’t remember it. 

Q. Don’t you remember that your wife told you that night? 

(The contestee objects to this form of cross-examination by the contestant 
of his own witness.) 

A. I don’t remember hearing anything of it. 

Q. You did go over there one night to register them?—A. Yes; I went after 

night. 

Q, Now, will you give another one that you registered, Republican women, 
away from home?—A. I guess I registered several, but don’t remember right 
now. 

Q. Those two are the only ones you rememher?—A. I registered two or 
three at one house and one at another. 

Q. And those were the only ones you remember registering away from the 
polling place that voted the Republican ticket?—A. The only ones I recall 
right now. 

Q. Do you remember how many new registrants there were?—A. I do not. 

Q. The Republicans voted more than Democrats, didn’t they? Dr. Campbell 
got about nine majority in that township.—A. The records show. 

Q. Republicans living all over the township?—A. Yes, sir. 

Q. And you had Mr. Ansley Ayers and Dr. Graybeal taking you around in 
the car to register women?—A. A little. 

Q. Didn’t you register any Democrats except those that called on you?—A. I 
stopped to see if they wanted to register and registered them if they wanted to. 

Q. Did you stop to register any Republican that wanted to?—A. Any that 
wanted. 

Q. You were sworn when you entered on the duties of your office?—A. I was 
sworn. 

Q. You were sworn to exercise the prerogatives and duties of the office impar¬ 
tially?—A. Yes, sir. 

Q. On these rounds you were looking for Democrats, weren’t you ?—A. A man 
might look more for them than the other kind . 

Q. In fact, you did, didn’t you? Do you know Ellen Reedy?—A. I think I do. 

Q. Do you know Cynthia Deboard?—A. Yes, sir. 

Q. Neither voted?—A. No, sir. 

Q. Both Republicans?—A. Yes, sir. 

Q. You went to Mrs. Reedy and Mrs. Deboard and got them to shake hands 
with you that if they would go to the election your wife wouldn’t go?—A. No^ sir. 

Q. You never did mention to them about that?—A. Deny e\’ery bit of that. 
My wife said to Ellen Reedy they were old and feeble and they agreed to stay at 
home and they two stayed at home. Cynthia Deboard registered her and she 
could go where she pleased. I don’t know why she didn’t vote. Learning after¬ 
wards that she was Democrat and her husband Republican was why she didn’t 
vote. 

Q. How many absentee votes'were there in your township?—A. Something 
like 20, I don’t remember, somewhere around 20. 

Cross-examination by G. L. Park : 

Q. You say that you registered two women you did not require to read and 
write as they were old, one was Mrs. Phipps; who was the other?—A. Old man 
Bob Blevins’s widowj away up 85 years or more and almost blind. Said she 
could read and'write but old and nervous now, and I did not put test to her. 
Registered her more through pity. 

Q. You registered Mrs. Blevins?—A. Yes; I registered her. 

Q. Just as you did Mrs. Phipps?—A. I never put either of them to reading and 

writing. 

Q. One Democrat and the other Republican?—A. That’s the way they voted. 

Q. When you testified under your examination in chief that certain women 
were Repubiican, whom you did not register because they could not read and 
write, you meant to say that they were of Republican families?—A. Yes, sir; 
of course I don’t know how they would have voted. 

Q. You did not know what ticket they would have voted if they would have 

voted?—A. Not all of them. 


630 


CAMPBELL VS. DOUGHTON. 


Q. You didn’t know the politics or the way either one of these women would 
have voted ?—A. All guesswork with me. I know how mine would have voted if 
she had went. 

Q. You went out and registered both Democrats and Republicans?—A. Y^es, 
sir; I registered some away from home, some at the polling place, and some at 
my house. 

Q. You never refused to register any applicants who were qualified to register 
at any time they presented themselves for registration?—A. No, sir. 

Q. You made no difference in the registration of any voter?—A. No, sir; put 
them to the test and treated all the same. 

Q. You registered every voter regardless of his or her politics, impartially, 
did you?—A. Why, certainly. 

Q. You went to the homes of both Democrats and Republicans to register all 
females of those families?—A. Yes, sir. 

Q. You made special trip or trips?—A. Yes, sir. 

Q. To register Republicans only?—A. I made one that I remember of. 

Q. When the registration books were opened the Republican women or women 
of Republican families registered as soon as the registration books w’ere opened 
largely, did they not?—A. Some four or five or six. 

Q. The most of the women of Republican families went and registered 
early?—A. My recollection is about the first and second Saturdays principal part 
of them was registered. 

Q. The Republican executive committee issued letter before the registration 
books were opened regarding the registration and voting of the Republican 
women, did they not?—A. I saw a letter like that. 

Q. That letter charged that the Democrats would try to steal Republican votes, 
did it not?—A. Yes, sir. 

Q. Do you know who wrote that letter?—A. No; I don’t know. 

Q. Whose name?—A. Miss Perkins. 

Redirect examination by C. B. Spicer : 

Q. Did you receive any letter from Mr. Austin?—A. I think I did. 

Q. Did you receive one under date of October 11?—A. I don’t remember any¬ 
thing about the date. [Reads letter introduced as Exhibit A.] Got letter, but 
don’t remember exactly what it was. 

Q. Who paid you, Mr. Pierce, for making these extra trips out of nights to 
register Avomen?—A. I got $2 a day for what Saturdays and election day and 
so on out of the county. 

Q. Who paid you for balance of time?—A. I might have worked Avithout pay. 

Q. That Avasn’t Avhat I asked you. —A. I just got the $2 a day. 

Q. Did you get anything else?—A. No. 

Q. No other pay Avhatever? —A. All I got out of it. 

Q. No one paid you one penny?—A. They helped a little grain, some of my 
neighbors did, helped me Avork a little. 

Q. Which one of your neighbors?—A. About two or three of them chipped in. 

Q. Who Avas it?—A. I don’t know. 

Q. Don’t remember?—A. I don’t recollect. 

Q. I’^our memory is kindly shallOAv on it.—A. I made a trip up here to tOAvn 
and I expect a party paid my hotel bill. 

Q. Down there, though, that time you Avent Avith Ansel Shepherd?—A. I 
never got any pay for it. 

Q. The time that you telephoned there about going oA^er and registering 
Mrs. Phipps?—A. One Sunday I and Wiley AA^ent over there. 

Q. You registered her?—A. I had done registered her. 

Q. Hoav many did you register on that trip?—A. Nobody on Sunday. 

Q. What AA-ere you doing over there?—A. Had some other business out. 

Q. Would you mind telling it?—A. Me and Colvard Avent over there but had 
registered this old AA'Oman prior to that. 

Q. You say it AA\as priA^ate business? —A. l^'es, sir; part of it AA\as. A part of 
it ; I Avanted him to go Avitli me to this old lady Phipps to see if she could 
read and Avrite, she Avrote a little for Colvard. 

Q. Y"ou SAvear she Avrote her name? —A. I seen her do it, not very good but 
could tell Avhat it Avas ; I SAvear that. 

Q. That AA^as on Sunday?—A. l^es, sir. 

Q. Did you visit anybody else that day that had been registered?—A. No, sir. 

Q. You didn’t tell me about that other pay.—A. Didn’t get none. 

Q. That the time you come up here to make the poll?—A. In from time to 
time and they paid my hotel bill, a party did. 


CAMPBELL VS. DOUGHTON. 


681 


Q. Who was that party?—A. Democrat give us our dinner. 

Q. you remember the name of the party?—A. I don’t know who it was. 

Q. Never paid and no questions asked?—A. I suppose so. 

Q. How many were challenged there challenging day? 

(The contestee objects to the foregoing question, for that the record is the 
best evidence.) 

Q. Do you know the challenger?—A. I don’t remember how many, about eight 
that was challenged. 

(j. Did you enter the challenges yourself?—A. I suppose I did. 

Q. Did you?—A. I think I did. Book will show; I wrote the word “chal¬ 
lenged ’’ beside every name challenged. 

Q. Were those challenges heard?—A. Why, certainly. 

C}. On INIonday following?—A. On the day of the election. 

Q. Were a single one of those challenges heard on the day of election?—A. 
Of course, me and the two judges talked the matter over. One of the judges 
here. Never objected to anyl)ody voting that was challenged. 

Q. Did you pass on the legality or illegality of their vote?—A. I suppose 
so; nobody objected to it. 

Q. Did you meet at the polling place on INIonday following the challenge day 
to hear the challenges?—A. No, sir. 

Q. Where were you that day?—A. On Monday? 

Q. Yes, sir.—A. I don’t remember. 

(^. I will ask you that if on Sunday and Monday after these votes were 
challenged, on Saturday, if you didn’t go to the home of IVlrs. Margie Phipps, 
Mrs. Cinday Handy, ]\Irs. Andy Arnold, and Mrs. Bettie Hurley?—A. Part on 
Sunday and part on IMonday. I was at Mrs. Phipps and Arnold’s on Sunday. 

Q. These were the parties that had been challenged?—A. Part of them. 

Q. You telephoned to Wiley Colvard?—A. Yes, sir. 

Q. He was one of the judges?—A. Yes, sir; I did. 

Q. To hear the challenges on Sunday?—A. No, sir. 

Q. You didn’t have Mr. Hudler, Uepublican judge, there?—A. We were not 
to try challenges on Sunday. 

Q. You didn’t telephone to the Rpublican judge you were to go over there?— 
A. I said not. 

Q. Mrs. Phipps, she was up and around that day?—A. Yes; she was up. 

Cj. Mrs. Phipps voted by absentee?—A. Yes, sir. 

Q. When did you go to see Mrs. Hurley?—A. On Monday the day before the 
election. 

Q. Who went with you?—A. Didn’t anybody. 

Q. Mrs. Hurley voted by absentee?—A. Yes, sir. 

Q. She was up on Monday?—A. .Tust barely up. 

Q. Mrs. Arnold at her home?—A. On Suoday. 

Q. Who was with you at Mrs. Arnold’s?—A. Wiley Colvard. 

Q. Th^ Democratic judge?—A. Yes, sir, 

Q She was up that day?—A. Yes. sir. 

Q. She voted absentee, too?—A. Yes, sir; 1 think she did; am not sure. 

Q. Mrs. Bettie Hurley?—A. I believe there on Monday but might have been 
l)Ossible I was there on Sunday; I saw her after challenged before she voted. 

Q. You went over to test her?—A. I told her what she was challenged for 
and she picked up her Bible without any specks and said she would show me 
whether or not she could read and pickefl up table and went to writing. 

Q. She registered?—A. Yes, sir. 

Q. Mrs. Hurley was well on Sunday?—A. Not very strong. 

Q. She voted absentee?—A. I think so. 

Q. All of these parties whose names I have mentioned had been registered 
with you previous to this?—A. I registered them before time ran out. 

Q. All had been challenged?—A. The Saturday before the election. 

Q. All Democrats?—A. Yes, sir. 

Q. If vou had put the test to them as you testified in the beginning of your 
examination, why should you telephone to the Democratic judge to meet you and 
go to the home of these women to test their educational qualification?—A. We 
didn’t go there to test their educational qualification on Sunday. Went to 
notify them they were challenged and when Mr. Colvard went with me to two 
places wasn’t around testing them, had tested them before this. 

Q. You told them they had been challenged?—A. Had to do it. 


632 


CAMPBELL VS. DOUGHTON. 


Q. Does the law provide for them to be tried on day of election?—A. Didn’t 
want to charge the county for another day. 

Q. Trying to save the country?—A. All of the expenses we could. We just 
notified we would hear them on election day. 

Q. Did you have any affidavits on election day that they could read and 
write?—A. I don’t remember that we did. 

Q. How did you hear their challengers?—A. Talked it among ourselves, me 
and the judges; told them al)out the two old ladies; had the handwrite of the 
others and we just agreed, all of us, that they should vote. 

Q. On Saturdays when you were there Walter Stump and others attended 
you at the registering place?—A. Graybeal part of the time and maybe Stump 
near all day. 

Q. On each day?—A. I don’t remember. 

Q. Did they bring their guns with them?—A. I didn’t see them. 

Q. Did you bring yours?—A. Didn’t have any. 

Q. Had them for your protection?—A. Yes, sir. 

Q. Your protection as registrar of election of Grassy Creek Township?—A. 
Yes, sir; heard that some had threatened thrashing me and I wanted protec¬ 
tion, That’s exactly it. 

Q. You had been registrar 36 years before that?—A. Commenced in ’84 
and registered the bigger part of the time since. 

Q. How many previous elections have you had a bodyguard?—A, Nary one. 

The people down there in that community are law-abiding people, aren’t 
they, both Democrats and Republicans?—A. Some of them is. 

Q. Do you know anybody that did threaten you?—A. I don’t know. 

Q. Y'ou had a guilty conscience?—A. I had no guilty conscience. 

(Upon question of C. B. Spicer, attorney for contestant, to witness, .1. A. 
Pierce, that he had a guilty conscience was the reason for his going to see 
certain parties, contestee makes objections to the form of examination by 
contestant and requests i)rotection of the court to the witness; whereupon 
the commissioner states that he has no authority to suggest the manner of 
examination and states as reason that he does not know what stuff the con¬ 
testant has or what questions will follow, the commissioner taking the posi¬ 
tion that he has no right to require the contestant oi- his attorney not to pro¬ 
ceed with such form of examination.) 

Recross examination by G, L. Pakk : 

Q, Mr. Pierce, when these challenges were made no fees were advanced by 
the parties making challenges to .serve notice upon the challenged voter?—A. 
No, sir. 

Q. You, as registrar, and the Republican judge and the Democratic judge dis¬ 
cussed each challenged vote and agreed that each were entitled to vote?—A. Yes, 
sir. 

(}. There was no objection by iMr. Hudler, the Republican judge?—A. No, sir. 

(L With reference to the absentee vote, Mr. Pierce, did each absentee vote, 
where the party resided in the county, contain either an affidavit or a doctor’s 
certificate showing they were unable to get to the election?—-A. There was cer¬ 
tificate from a doctor. 

Q, In each case?—A. Yes, sir. 

Q. You say that you requested certain friends of yours to attend on registra¬ 
tion days for the reason that you had been informed that threats of violence had 
been made toward you?—A. Yes, sir. 

Q, Is this so?—A. Yes, sir. 

Q. There were violeiu'es committed in the county ui)on the registrar?—A. I 
heard so. 

Q. Did you, as registrar in Grassy Greek Township, faithfully, honestly, and 
impartially perform your duty under your oath?—A. I think I did. I tried to. 

Redirect examination l)y Mr, Spicer: 

(}. These threats that .von si*eak of, they grew out of the fact that the Republi¬ 
cans claimed that they weren't being treated fair?—A. I don’t know. 

Q. That's what you heard?—A. I heard they were going to tln-ash me. 

(). Because you were turning down Republicans?—A. It might have been 
that. 

Q. You hadn't done anything else to imair ill will?—A. I hadn’t done that. 

Q. That was the only thing they could have charged you with?—A. I don’t 
know; we have pretty rough crowd there. 


CAMPBELL VS. DOUGHTOX. 


633 


A. G. WITHEKS1*( )OX testified as follows: 

Direct exaiiiiiiutioii by ]Mr. C. B. Spicer: 

Q. Mr. Witherspoon, you were registrar of general election of 1920 for .Jeffer¬ 
son Township?—A. Yes, sir. 

Q. You registered Mrs. Hale Wagoner?—A. I don’t reineniher registering any¬ 
body by that name. 

Q. Did you register Bichard Bare?—A. Yes, sir. 

Q. Did you put the test to her whether or not she ('oidd read and write?—A. 
No, sir. 

Q. Bud Combs’s wife?—A. I don’t remember. 

Q. Did you register iMaud Poe?—A. Yes, sir. 

(}. Did you put the educational test to her?—A. No, sir. 

Q. Nancy Bare; did you register her?—A. Yes, sir. 

(}. Did you put the educational test to her?—A. No, sir. 

Q. Georgie i*oe; did you register her?—A. Yes, sir. 

Q. Did you put the educational test to her?—A. No, sir. 

(>. Mrs. S. T. Sandefur; did you register her?—A. Yes. sir. 

Q. Did you put the educational test to her?—A. No, sir. 

Q. Mrs. Mary I^yalls; did you register her?—A. Yes, sir. 

Q. Did you put the educational test to her?—A. No, sir. 

Q. Mrs. Iilttie Wallace; did you register her?—A. Yes. sir. 

Q. Did you put the test to her?—A. No, sir. 

Q. Did you put the test to any of the registrants in .Jefferson Township?—A. 
Yes, sir ; there was two in this township. Three that I turned down come to me 
and voluntarily told me they couldn’t read and write. I didn’t ask them any 
questionsj turned them down. 

(^. Thi.s is one of the largest Deinwratic precincts in the county?—A. Sup¬ 
posed to be. 

Q. You did turn down Mrs. Laura Kelly?—A. Yes, sir. 

Q. Mrs. Aniline Coldiron and Mrs. Jairay Coldiron?—A. Yes, sir. 

Q. They are all Kepublicans?—A. I don’t know. 

Q. They all voted Republican?—A. No, sir; two didn’t vote—two women. 

Q. These two women you didn’t register?—A. Yes, sir. 

Q. The balance of the family voted Republican?—A. This time. 

Q. Nancy Sexton, register her?—A. Don’t think I did. 

Q. You did register her daughter, J^ear Sexton?—A. Yes, sir. 

Q. Ivindly Quadroon?—A. Didn’t know anything about that. 

Q. Never heard that J^ear was colored until after you registered her?—A. 
Certainly did not. 

Q. How far does she live from you?—A. Don’t know. 

Q. Did you apply educational test to her?—A. No. sir. 

Q. You registered her down at the hotel?—A. Yes, sir. 

Q. Nancy Sexton was there at the time you registered J.ear?—A. I think 
she was. 

Q. Asked Nancy if she would vote the Democratic ticket?—A. No; I didn’t 
ask her that question. 

Q. You didn’t register Nancy?—A. No, sir. 

Q. Nancy is Republican?—A. I don’t know; never asked ber. 

Q. Did you register Mrs. Glen Miller?—A. Yes. 

Q. In her home?—A. Yes, sir. 

Q. Mrs. Woodie.—A. Yes, sir; J remember her very distinctly. 

Q. She was at Mrs. IMiller’s?—A. J was only registering for this township; 
she lived in Beak Creek. 

Q. M'hy did you tell Mrs. Woodie that you would come back that way and 
register her?—A. J didn’t tell her I would come back that way. 

(}. Didn’t she ask you to register her?—A. Yes, sir; told her she was in 
Peak Creek Township. 

Q. Who went with you to the home of Mr. Miller?—A. Mr. Brook Dancy. 

Q. Where did you register INIrs. Miller?—A. In the yard. 

Q. In the kitchen?—A. I don’t remember. 

(}. Wasn’t it on the back side of the house?—A. No, sir. 

Q. Where was Mrs. Woodie when you registered IVIrs. INIiller?—A. I don’t 
know; she came out after I had registered INIrs. IMiller. Said she wanted to 
register; asked if she lived in that township and said she didn’t know. 


634 


CAMPBELL VS. DOUGHTON. 


Q. Did you ask her if she had been in tlie township four months?—A. Don’t 
remember wliat she said about that. She said she could go hack home and 
register there. I said that was all right. 

Q. How many Democratic women in the township did you register away, 
from the polling place?—A. I don’t know. Don’t know how many Democratic 
or Republican women I registered away. Registered everything except the 
four women we spoke of in this township. 

Q. How many did you apply the test to?—A. I don’t think that I applied the 
educational to but two. 

Q. Do you remember who they were?—A, One Testerman girl and the other 
Sheets woman. 

Q. Both Republicans.—A. I don’t remember whether they were Republicans, 

Q. They did register?—A. Did register and did vote. 

Q. Can IMrs. Kell.v read and write?—A, No, sir; could spell a little, but can’t 
write, 

Q. Emiline Coldiron, could she read and write?—A. Said she can’t. 

Q. Lurray Coldiron?—A. No, sir; said she didn’t know, her a-b-c’s. 

Q. Do you know how many Democratic women you registered in the town¬ 
ship that can’t read and M’rite?—A. No, sir. 

Q. Would you say there was not as many as 50?—A, I wouldn’t say. 

Q. You know that some of them can’t read and write?—A, I don’t know that 
any of them can’t read and write. 

Q. Don’t you think it would have been fairer to have registered all of the 
others without administering any test; to have registered Mrs. Kelly and Mrs. 
Coldiron and Miss Coldiron without administering any test?—A. No, sir; not 
after the way they approached. Those were the only three told me they can’t 
read and write, 

Q. All three Republicans?—A. I don’t say they were Republicans. 

Q. How many Republicans didn’t present themselves for registration in the 
township?—A. Don’t know. 

Q. Did Bower Taylor’s wife present herself?—A. No, sir. 

Q. Bower Republican?—A. He says not; I don’t know. 

Q. When did he tell you otherwise?—A, When he went away, fixed up his 
ballot. He was away too long. 

Q. Any of the Shatleys up there didn’t register?—A, Several of them. 

Q. How many?—A. I don’t know; one, two, three, four. 

Q. Did they present themselves?—A. No, sir, 

Q. Mrs. Kelly Shatley?—A. Yes, sir, 

Q. Did you turn her down?—A. Y^es, sir. Came in that morning; I hadn’t 
got out of bed. Her husband said, “ I brought my wife to see if she could 
read and write to satisfaction.” I don’t know if I would have asked her 
anything about it if they hadn’t approached me that way. 

Q. Any Republicans registered who couldn’t read and write?—A. Yes, sir. 

Q. Who?—A. Mr, Munk Farrington’s wife, Annie Hamby, Lafayette Pierce’s 
wife; that’s all I remember right now. 

Q. IMrs. Lafayette didn’t vote?—A. I don’t remember. 

Q. Are you sure Mrs. Farrington voted?—A. I think she did. 

Q., IMrs. Pierce?—A. I think so. 

Q. How many absentee votes in this township?—A. Sixty to seventy, prob¬ 
ably seventy-five; don’t remember just the amount. 

Q. Jonah Stanley was among the absentees?—A. I think so; yes, sir. 

Q. Do you remember when it was he left the State?—A. No, sir. 

Q. About four years ago?—A. I don’t remember. 

Q. He left more than two years ago?—A. I paid no attention. 

Q. At election time his family wasn’t here?—A. Not that I know of. 

Q. Did you register Miss Bessie Reeves?—A. No, sir; I don’t think so. 

Q. She voted, didn’t she?—A. I think she did; don’t remember. 

Q. Floyd Blevins voted here, didn’t he?—A. I don’t remember whether he 
did or not. 

Q. Edgar Blevins?—A. I think he did. 

Q. Floyd Blevins’s father?—A. I don’t remember. 

Q. Didn’t you remember that they came up and there was some contention, 
their names not having been transferred?—A. I remember something as to Mr. 
Edgar, the other I don’t. Don’t remember whether Democrat or Republicans. 

(). Do you remember that one of the Rash boys whose name hadn’t been 
transferred was denied right to vote hen^?—A. I remember Rash boy whose 
name wasn’t on my register; never did find out which one. I remember me and 


CAMPBELL VS. DOUGHTON. 


635 


you talking that inattei* over, and you wanted me to-, but couldn’t unless 

he was there to justify. 

Q. Do you get any extra pay for registering?—A. None at all. This town¬ 
ship paid, I think, about $30—$2 a day. 

Q. You got an idea about how many Democratic women were registered at 
the polling place?—A. I don’t remember. 

Q. Miss Bessie Reeves’s name was not on the registration books or not on 
the books at the time she voted?—A. I think so; I won’t be positive. 

Q. You didn’t place it on there?—A. I don’t remember. 

Q. She didn’t present hei*self for registration? 

Cross-examination by G. L. Park : 

i). You turned down Bower Taylor and his wife?—A. He didn’t apply at all. 

(). And at the time you understood she was a Democrat?—A. Yes, sir. 

Q. You registered Mrs. Pierce and asked if she wasn’t brought by the Dtuno- 
crats here to vote the Republican ticket and in a car?—A. That was my under¬ 
standing. 

Q. You, as registrar in Jefferson Township for the election of 1920, honestly 
and faithfully performed your duty as registrar under your oath?—A. I sure 
did, to the best of my knowledge. 

Redirect examination by C. B. Spicer : 

•Q. l’'ou were sworn before you entered on your duties?—A. No, sir. 

Q. Did you receive any letters telling you to apply the educational qualifica¬ 
tion?—A. Don’t remember that I received any letter of that kind. 

Q. You knew that the educational qualification was being invoked in the 
other townships?—A. Heard something said about it. I .set out to register all 
of the white women in the township. Registered all but the three told about, 
and registered those if they hadn’t told me they can’t read and write, and they 
told that without asking them any questions. 

Q. You weren’t using the educational test at all?—A. No, sir. 

Q. Why did you use it there?—A. I didn’t. 

Q. You turned them down.—A. They just come up to me and said, “ Now is 
a good time for me to register. I can’t read nor write.” I says, “ Lorrie, you 
are fibbing.” She says. “ I don’t know my letters.” I said, “ You oughtn’t to 
have said anything about that, and let me ask those questions.” I wouldn’t 
have asked them any if she hadn’t said anything about that. And here Miller 
come and says, “ Here’s another one that can’t read nor write come to register.” 
I said, “ You can’t register then,” and she says, “ Mr. Spicer will tend to you.” 

Recross-examination by G. L. Park : 

Q. Who was she having reference to?—A. Mr. Spicer. 

Q. Chairman of the Republican executive committee of this county?—A. 
Yes, sir. 

Miss JENNIE R. FIELD testified as follows: 

Direct examination by C. B. Spicer : 

Q. What is your occupation ?—A. Do mission work. 

Q. Where do you live?—A. Glendale Springs. 

Q. Obids precinct?—A. Yes, sir. 

Q. Where were you raised?—A. Massachusetts. 

Q. Did you hear the registrar of election, Mr. H. H. Burgess, testify?—A. 

I did. ‘ ... 

Q. With reference to the election, his duties and treasurer of the same m 
Obids Township?—A. Yes, sir. 

Q. When was that?—A. At the trial at Pine Swamp Township. 

Q. Remember the date?—A. February the 26th, 1921. 

Q. Did you hear him testify with reference to registering Democratic 
women?—A. I did. 

Q. Please give the substance of what he testified. 

(Contestee objects to the foregoing question for the reason that it calls for 
hearsay testimony and is therefore incompetent, and for the further reason 

that witness is not qualified.) , . * x t 

Q. Do you know the substance of what he testified?—A. I do, because I 
wrote it down in long hand for the court. I haven’t seen it since and haven t 
thought much about it. To the best of my recollection- 

(Contestee objects to witness testifying to the substance of the testimony of 
H H Burgess for the reason that the same, according to witness’s own testi- 




636 


(’AMPBELL VS. DOUGHTON. 


mony, is reduced to writing, which writing is of record in the court and is 
therefore the best evidence.) 

A. (Continuing.) As I remember, or the best of my recollection, Mr. Burgess 
testified to going around and registering Democratic women, and, according to 
my recollection, he said he didn’t registei’ more than six at the polling place— 
six Democrats, if he remembered. And then he also said that he didn’t aim to 
register any Republican women away from the polling place. Then he asked to 
have that testimony stricken out. 

Q. Do you remember what he testified concerning turning down Democratic 
women?—A. I don’t seem to remember. 

Q. Do you remember that he testified that he didn’t turn down any Demo¬ 
cratic women that presented themselves for registration?—A. Yes, sir; I 
remember him stating that. 

Q. Were you present. Miss Field, when Mrs. Faw presented herself for 
registration?—A. Only under the grandfather clause. 

Q. She did present herself for registration?—A. Under the grandfather 
clause. 

Q. Did Mr. Burgess ask her to read and write?—A. No, sir. 

Q. Were you present when Effie Faw presented herself for registration?— 
A. Yes, sir. 

Q. Did he request her to read and write?—A. No, sir. 

Q. Were you present when Martha Harless presented herself?—A. Yes, sir; 
under the grandfather clause. 

Q. Mary Darnell, what are these people. Democrats or Republicans?—^A. 
Republicans. 

Q. Mrs. Jennie Faw read and write?—A. Yes, sir, 

Q. Can’t Mrs. Effie Faw read and write?—A. Don’t know. 

Q. Can Martha Harless read and write?—^A. I don’t know, myself. 

Q. Did you hear Mr. Burgess testify about registering Mrs. Fannie Colvard?— 
A. Yes, sir. 

Q. What did he say?—A. He said that, I know, because I was there when 
he went to register her, we were sitting out on the porch, Mr. Burgess talking 
to Mary Carnell and a young girl, Chessie INIiller and Mrs. Colvard, and we 
talked a little while, and Mr. Burgess asked Mrs, Colvard to step around the 
back side of the house, and he went around. 

(}. Did he testify that he registered INIrs, Colvai-d while around there?—A, 
Yes, sir. To the best of my ability, he testified that he registered her there. 

(The contestee objects to the foregoing (piestion and answer for the reason 
that it is stated that testimony of H. H. Burgess was reduced to writing and is 
in the hands of the court and a matter of record and is therefore the best 
ev-‘deuce.) 

Q. What is Mrs. Colvard’s imlitics?—A. 1 suppose she is a Democrat. 

(The contestee objects to the statement by witness that she supposes Mrs, 
Colvard is a Democrat for the reason that same is incompetent.) 

Q. You and Mary Darnell were there at the time 3ilrs. Colvard registered?— 
A. Yes, sir. 

(), You and Mary Darnell are Reimblican?—A. Yes, sir. 

(}. Did he offer to register either of you?—.A. T had already registered and 
he didn’t offer to register IMary Darnell. 

Q. i\Irs. Faw is here?—A. Yes. sir. 

Mrs. .JENNIE FAW testified as follows: 

Direct examination by 0. B. Spickk : 

(}. iMrs. J''aw. you aj-e Republican?—A. Yes. sir. 

Q. You are in Obids i)recinct?—A. Yes, sir. 

(}. Did you i)resent yourself for registration?—A. Yes, sir. 

Q. Who was the registrar?—A. Mr. Burgess. 

Q. H. H. Burgess'?—A. Yes, sir. 

(]. Were you registered?—A. No, sir. 

(]■ (’an you read and write?—A. Yes, sir. 

Cross-examination by (J. I.. Paek : 

J\’hen you presented yourself for registration Mr. Burgess requested you 
to read and write, did he?—A. Yes. sir. 

Q. And you refused to?—A. No, sir. 

(}. Did you read?—A, Yes, sir. 

Q. Before him?—A. Yes, sir. 


CAMPBELL VS. DOUGHTON. 


637 


Q. Wliat did lie say?—A. He said for me to come back within a week and he 
would register me. 

Q. Did you go back?—A. Yes; I went back. 

Q. Did lie register you when you went back?—A. No, sir. 

Q. What did he tell you then?—A. Told me to come in and if I would 
stand the law he would register me. I told him I had read once and refused to 
again. 

Q. But why did you refuse to read and write for him?—A. T had read once 
ami wrote once for him. 

D. The first time you wrote you went around outside the house?—A. No, sir; 
I wrote ill the house. 

You did refuse to read for liim any more?—A. Never asked me any more, 
said if I could stand the law to come in. I told him once was enough ; wasn’t 
trying me like other people. 

Q. And .you were not going to read and write any more for him?—^A. I told 
him I had read for him once and that was enough; I wanted to be treated like 
other people. 

Q. Do you know what the constitution is?—A. Give me a book and let me 
read it to you. 

Q. What is it?—A. Give it here and I will read it. 

(Contestant objects to question for the reason that not many lawyers can 
define the constitution.) 

Q. Will you please answer it?—A. I don’t know whether I know or not. 

Q. Can you give any idea?—A. I reckon you know. 

Q. I am not being examined. If you can give any idea, please give it. You 
can’t give any idea, can you?—A. I reckon you know; I don’t know anything 
about it. 

Q. If you had wrote it who were you going to vote for for governor?—A. I 
don’t know who I would have, whether anybody or not. 

Q. If you had voteil, do you know who you were going to vote for for (Con¬ 
gress?—A. I wouldn’t have voted a Democrat ticket. 

Q. Who would you have voted for for Congress?—A. I don’t know. 

Q. Who were you going to vote for for United States Senator?—A. I don’t 
know whether anybody or not. 

Q. Who were y( 4 U going to vote for for State senator?—A. Don’t know who 1 
would have voted for. 

Q. Who were you going to vote for for electors at large, for President of the 
United States?—A. Don’t know; never registered to vote for anybody myself. 

Q. MTio for district elector?—A. Don’t know. 

(The contestant objects to the foregoing question for the reason that doubt¬ 
less the attornej' representing the contestee can not give the names asked for, 
and for the further reason that the attorney representing the contestant can 
not give the name of the district delegate for whom he was voting.) 

(^. You were going to vote for A. (j. Honeycutt for district elector in this 
district?—A. I hain’t up here to tell a lie. 

(j. I haven’t asked you, have I?—A. I don’t know what you have asked me 
to do. 

(). I didn’t tell you to tell me that you were going to vote for A. C. Honey¬ 
cutt, did I?—A. I don’t hear you. 

(y I didn’t tell you to say that you were going to vote for Cammeron for 
governor?—A. I am not telling you. 

(}. Can you name a single candidate that you were going to vote for?—A. I 
could if I wanted to, but I don’t want to. 

Redirect examination by C. B. Spicek : 

Q. You know that if you had been treated as other women had been treated 
in your township you would have registered and voted a straight Republican 

ticket. 

(Objection by contestee for the reason that witness is called upon as a judge 
and not as a witness as to the treatment of herself and others and for her ex¬ 
ercise of the powers, duties, and discretion of the registrar.) 

A. Yes, sir. 

P. L. MILLER testified as follows: 

Direct examination by C. B. Spicer : 

Q. You know George Miller?—A. Yes, sir; I suppose so. 

Q. What township does he live in?—A. Obids. 


638 


CAMPBELL VS. DOUGHTON. 


Q. ^V'l^at is his politics?—A. Democrat, I suppose. 

Q. Did he register and vote at the last election?—A. I think so. 

Q. Did you ever take his acknowledgment to any instrument?—A. I believe 
I did to chattel mortgage or two. 

(}. How many?—A. One or two, I think. 

Q, Did he sign it by signature or by mark?—A. -By mark. 

Q. Do you know whether or not Rose Caudill can read and write?—A. I 
do not. 

(}. You were election judge out in Obids Township?—A. Y^es, sir. 

y}. How many aijsentee votes were cast in that township?—A. I don’t be¬ 
lieve I remember; several, I think. 

Q. About how many?—A. I don’t know; something like 18 or 20; maybe 
more. 

(}. How many of those were Repu])lican?—A. I don’t believe I know that. 

Q. About how many?—A. I couldn’t tell; I am not sure. 

Did you exaimne the absentee votes?—A. Aot veiy many of them; didn’t 
have much authority. The I’egistrar and the other judge had them; didn’t 
give me much show at them, and T wasn’t judge all the time. Mr. Ed Miller 
was part of the time. 

(}. Could you give any idea al)out how many of these absentee votes were 
Republican?—A. I couldn’t do it. 

(}. Were you acting judge at the time they were opened?—A. I don’t know 
for sure; don’t much think I was. 

Q. Joe Winn; did he vote absentee?—A. Don’t know him. 

Q. He the stepson of the registrar?—A. I suppose so. 

Q. He voted absentee; did he not?—A. I think so . 

(}. How long has it been since he lived in Obids Township?—A. Some time. 

Q. About how many years?—A. Several, I reckon; I don’t know exactly. 

Can you give an idea about the number of years?—A. I don’t know. 

t^). Has he been gone a year?—A. I suppose so. 

Q. IMary Milled; did she vote absentee?—A. No, sir; I think not. 

Q. She voted in person?—A. Yes, sir. 

(}. How long has she been in Obids Township?—A. I don’t know exactly; 
about nine months. 

(}. Where did she come from?—A. West Virginia, I think. • 

Q. How long in West Virginia ?^—^A. About eight or nine years, I think. 

Q. Clark Miller her husband?—A. Y^es, sir. 

Q, Did he vote?—A. I th nk he voted absentee. 

Q. How long had he been away in West Virginia?—A. Al)out eight or nine 
years, I think. 

Q. What was the politics of IMary Miller?—A. Democrat. 

(y How did Clark IMiller vote?—A. Democrat, I think. 

(Objection by contestee for the reason that he is attempting to prove by 
reputation how a man voted in the election of 1920.) 

Cross-examination by G. L. Pamc : 

Q. You say that you were the Republican judge part of the time while the 
election was being held last fall?—A. Yes, sir. 

Q. I believe you stated that you hardly think that you were acting as judge 
at the time the absentee vote was opened.—A. I don’t know for sure about that. 

Q. I will ask you if anyone refused to allow you to examine the absentee 
votes or to have anything to say with reference to the casting of those votes?— 
A. I don’t know as they exactly refused; they kindly wanted to slip the votes 
in without me seeing them. 

Q. Do you say that those absentee votes was opened and slipped in the boxes 
without your knowing or being permitted to examine the same?—A. No, sir; I 
didn’t say that. 

Q. In fact, you haven’t said and don’t know positively that you saw the 
absentee vote opened or whether it was opened while you were acting judge?— 
A. I wouldn’t say positively. 

(^. You say that you don’t know how Joe Winn voted?—A. I don’t think I 
did. 

C}. You say you don’t know how IMary Miller voted?—A. She voted the Demo¬ 
crat ticket. 

Q. You say she voted?—A. Yes; I saw her vote. 

(}. And saw all of her ballots?—A. I think so. 

Q. Then you were permitted considerable authority if you examined every 
ticket before it went into the box.—A. I never—every ticket 


(CAMPBELL VS. DOUGHTON. 639 

Q. You just stilted you exaiuiiied all of her ballots.—A. I said I saw all of her 
ballots. 

Q. Hie^i you were permitted to look at all of the tickets of each voter if you 
desired? A. I guess if I had pinned right dowm on them I might but they 
didn’t give me much show. 

Q. You didn’t pin that day at all?—A. Not in particular. 

Q. In general?—A. I asked them to look at some of them. 

Q. What books did you have charge of?—A. I didn’t particular have charge 
of either book. 

Q. Didn’t you have charge of certain books?—A. Some one place and then 
another; didn’t have any particularly. 

Q. You handled some of the tickets?—A. I think so. 

Q. You handled some of the Democrat tickets?—A. I suppose so. 

Q. Some Republican tickets?—A. I suppose so. 

Q. Why do you say you suppose so and you guess so?—A. Because I handled 
them. 

Q. Why didn’t you say that you did handle them ?—A. I did. 

Q. Y"ou never have said yet that you did. 

(Contestant objects to the reiietition of question after the witness has an¬ 
swered. ) 

Redirect examination by O. B. Spicee: 

Q. Did Mrs. Rose Caudill vote that day?—A. I suppose she did; I think 
before I got there. 

(Contestee objects for the reason that he has stated that he supposes she 
did, and that he thinks before he got there.) 

Q. What is her politics?—A. Democratic, I suppose. 

(Contestee makes same objection that witness states that he supposes.) 

Q. The tickets wdien they voted w^ere all opened give straight set of Demo¬ 
cratic tickets or straight set of Republican tickets?—A. I suppose so. 

(Contestee makes same objection that witness states that he supposes.) 

Recross-examination by G. L. Park : 

Q. You say Mrs. Rose Caudill was a Democrat?—A. The general report; 
they all voted Democrat ticket. 

Q. So you are not stating upon your own information or knowdedge, but re¬ 
port ?—A. I can’t state the facts; I never saw it taken. 

Q. She never had cast a vote before that you had seen?—-A. No, sir; I 
reckon not. 

Q. Don’t you think you know'?—A. Never had that I know of. 

Q. Don’t you know' she hadn’t?—A. She has not been entitled to vote till this 
time. 

Redirect examination by C. B. Spicee: 

(J. The reason you know’ how' Mary Miller voted w’as because she was chal¬ 
lenged and voted over your protest?—A. Yes, sir. 

Q. Who decided, w'hether or not, she should have the right to vote?—A. Mr. 
Bowie, Mr. Burgess, and Mr. Baker. 

Q. Mr. Baker w’lis the Democratic judge?—A. Yes, sir. 

Q. IMr. Burgess w'as the Democratic registrar?—A. Yes, sir. 

Q. Mr. Bowie w’as the candidate for the lower house of the legislature on 
the Democratic ticket?—A. YT\s, sir. 

Recross-examination by G. L. Park : 

Q. Do you sw'ear that Bow'ie voted upon the question of w’hether oi- not Mary 
Miller w'as entitled to vote?—A. I don’t know exactly about whethm- or not he 
done that or not. 

Q. Answer “yes” or “no.” I w’ill ask you if you w'ill swear that Bowie 
voted upon the question or Mary Miller voting?—A. I would swear ui)on w'hat 
he told that registrar. 

Q. That answ’er w'ould be that you w’ouldn’t swear whether he voted upon 
it?—A. I told Mr. Burgess and IMr. Baker I didn't think this lady was entitled 
to vote, and I had told them I thought she had been out of tlie State about 
eight or nine years and w’asn’t entitled to vote. IMr. Bowne w’as at window' and 
told Mr. Burgess to put her name dowm ; I said T didn’t th.ink she was en 
titled to vote; IMr. Bowie said to put her name down, and they voted her. 


640 


CAMPBELL VS. DOUGHTON. 


Redirect exaininalion by O. P>. Spicer: 

Q. ^^'as anybody else cballeiij^ed there that day?—A. I don’t know as I re- 
ineinber while I was there. 

Recross-exainination by G. L. Park : 

Q. Who challenged these votes?—A. I challenged this lady when they sent 
her vote in. 

GRANT HARLESS testilied as follows: 

Direct examination by C. B. Spicer : 

Q. Do you know Mrs. Rose Caudill?—A. Yes, sir. 

Q. Did you ever see her try to read and write?—A. No, sir. 

Q. Did you ever have any conversation with her about reading and writing? 
(Objection by contestee for the reason that question calls for heresay testi¬ 
mony and therefore incompetent.) 

A. Just heard her say that she couldn’t read. 

Q. Did you ever have any conversation with Mrs. Faw?—A. No, sir, 

Q. Mrs. Caudill is Democrat, isn’t she?—A. I guess so. 

(The contestee objects for the reason that the witness says he guesses.) 

Q. Do you know her reputed politics? 

(Objection by contestee for tbe reason that it calls for reputation and not a 
fact.) 

A. She was raised Reimblican family and married into a Democratic family. 
(}. Have you ever heard anything out there about how she did vote? 
(Objection by contestee for the reason that it calls for heresay testimony.) 

A. I don’t know, sir, how she voted. 

ED O. MILLER testitied as follows: 

Direct examination by C. B. Spicer : 

Q. IMr. Miller, did you ever see Mrs. Bowlin try to read or write?—A. No, sir. 
Q. Did you ever take her acknowledgment to any instrument?—A. Yes, sir. 

Q. Did she sign by signature or by mark?—A. By mark. 

Q. Did she vote in Obids Township?—A. Yes, sir. 

Q. Plow did she vote?—A. I didn’t see the ticket; Mr. Baker or Mr. Burgess 
went and folded the ticket; said she was soing to vote Democratic. 

Q. You were one of the judges, Republican judges, of Obids Township?— 
A. About one-half of the time. 

Q. Do you know how many absentee votes were cast in Obids Township?— 
A. No, sir; went out about 1 o’clock, and talking of opening them when I went 
out. 

(P You know Joe AVinn?—A. I know him. 

Q, You know how he voted?—A. Do not. 

(P Know his reputed politics?—A, Don’t know. 

He is the stepson of the registrar for Obids Township?—A. Yes, sir. 

Q. How long has he been away from Obids Township?—A. Couldn’t testify 
as to fact how long he has been gone; only as to genersil report. 

Q. AYhat’s the general report? 

(The contestee objects for the reason that be attempts to prove fact by repu¬ 
tation, ) 

A. General report that he had been gone about nine years. 

C}. He wasn't there in person to vote?—A. No, sir. 

Q. You know W. A. Severt?—A. Yes, sir. 

Q. Did lie vote?—I couldn’t sa.v. He wasn’t there personall.v. 

Q. How long has he been away?—A. I don’t know exactly "the time. 

(y About bow long?—A. I am under tbe impression he has been away some¬ 
thing like 18 months or, ma.vbe, 2 years. 

Q. He has a family and had it away?—A. Yes, sir; that is, a part of the 
time; his wife and child stayed at her father’s a part of the time, something 
like a month at a time, once or twice while he was gone. 

Q. Did Ellis Miller vote while .you were in there?—A. Yes, sir. 

Q. How did he vote?—A. Democrat ticket, I think. 

Q. Did Barney Miller vote?—A. I couldn’t say as to that; he was challenged; 
had the tickets and give them over to Mr. Miller when I went out. 

Q. Did Asa Miller vote?—A. I had no knowledge of that. 


CAMPBELL VS. DOUGHTON. 


641 


Cross-exainination by G, L. Park : 

1}. Mr. ]Miller, you speak of taking an acknowledgment to a paper executed by 
some woman and she made here mark. Will you swear that she can’t read or 
write?—A, No, sir; I will swear that I never saw her try to read or write. 

i}. These people who were not present when they voted, do you know that 
they bad actually moved or gone to stay, or that they were away temporarily?— 
A, 1 wouldn’t swear as to their intention. 

Uexlirect examination by C. B. Spicer: 

• (b l>id you see that picture of President Harding?—A. At election. 

Q, Where was it?—A. Mr. Wiley Burgess held it up to the window to me 
and asked me if it wasn’t a shame. 

Q. 'What is Wiley Burgess’s politics’?—A. Couldn’t tell. -> 1 ^# 

Q. What is his reputed politics?—A. Democrat. ' 

(Ob.iection by t^)ntestee for the reason that contestant is attempting to prove 
the fact of how a man voted in the election of 1920 hy showing reputed political 
affiliations.) 

Q. Describe the picture, 

(Contestee ob.jects again to the introduction of any testimony which tends to 
reflect on the President of the United Sates.) 

A. ]Mr. Harding was on a sheet about 15 inches long and about 10 inches wide, 
to the best of my knowledge, while in the middle was Mr, Harding and all 
around that picture was a lot of niggers—they resembled colored people, and 
he told me they were niggers. 

Q. Did he make any other statement?—A. No, sir. 

Q. Did he show that to other people?—A. I couldn’t say; lot around the 
window. 

Q. People there presenting their votes at the window?—A. Not .lust at the 
time he w'as showing it; between times he was showing it. I was on inside and 
him out. 

Becross-examination by G. L. Park : 

(), Mr. Miller, you say that Mr. Harding’s picture appeared something like 
the middle of the sheet am' that all of the rest of the pictures were colored 
people?—A. I said they resembled colored people, and he said they were niggers. 

Q. Would you state they wasn’t?—A. I would not. 

Q. I will ask you if there wasn’t a picture of Mr. Davis, candidate for governor 
of Ohio?—A. Can’t state that. 

(}. I will ask you if there wasn’t a picture of ]Mr. Willis, another white man, 
and candidate for United States Senate for the State of Ohio?—A. I don’t know. 

Q. In fact, Mr. Miller, you didn’t pay much attention to it?—A. I didn’t have 
time to; took up and looked at it. Just time to see that there was people looked 
like darkies. 

Q, Did that cause you to change your politics and vote the Democratic ticket 
on that day?—A. Not in the least. 

Q. Did that cause any other man to change his politics and vote the Demo¬ 
cratic ticket?—A. No. sir, 

Q. You never heard of it having any effect on anybody’s vote?—A. Not on 
their voting; no. 

Q. Duly thing you heard was somebody got mad about it?—A. Yes, sir. 

Redirect examination by C. B. Spicer: 

Q. It did disturb the peace and ti-anquillity of the community, though?—A. 
Yes, sir. 

Q. In your opinion what w as the imrpose of that exhibition of that picture? 

(Ob.1ection by contestee for the reason that the question calls for an opinion 
of the witness. 

A. As a rehection on the Republican Party, that’s my honest judgment. 

(Objection by contestee for the reason that the question calls for an opinion 
of the witness.) 

GEORGE MILLER testified as follows: 

Direct examination by C. B. Spicer: 

(h Your name is George Miller?—A. Y’^es, sir. ;j 

(h You rei;^stered and voted in (^bids Towmship?—A. Y>s, sir. 

5769.5—21-41 


642 


CAMPBELL VS. DOUGHTON. 


Q. And voted Democratic ticket?—A. Yes, sir. 

Will you please read that section of the laws of North Carolina for me 
[hands witness hook | ?—A. I don’t know as I could. 

(J. (Shows section).—A. I can’t read that. 

Q. \\’iU you please write it for me'/—A. 1 can write what I know; I cant 
wr.te that. 

Cross-examination by (1. L. Park : 

Q. Can you write?—A. Yes, sir; I can write some. 

Redirect examination hy C. B. Spicer; 

Q. When did you re,sj;ister?—A. I rejjistered before the last day. 

Q. At what place in Ohids?—A. At his house. 

Q. H. H. Bui’f^ess’s house’?—A. Yes, sir. 

Q. Who was present’?—A. Wasn’t anjixxly, only .Tim Cox. 

(i. Did he rerpiire you to read and write the (’onstitution?—A. No, sir. 

(}. You hadn’t paid your poll tax?—A. Yes, sir. 

Q. When did you pay them?—A. I just don’t remember when. 

Before the first day of last elec'tion?—A. 1 just don’t remember when. 

Q. You paid them now’?—A. They are paid. 

(^). Did you pay them’?—A. Yes, sir, 

(). When’?—A. I paid them; I have got receipt. 

Q. Have you got it with you?—A. No, sir. 

Q. TVhere is it’?—A. At home. 

(}. You knew you were going to be asked about that, didn’t you’?—A. No, sir. 
Q. Would you mind bringing that receipt up?—A. I will fetch it up. 

Recross-examination hy C. T^. Park : 

Q. You say you can write’?—A. A little. 

Q. ('an you read?—A. A little hit. 

Q. Did Air. Burgess retpiire you to write’?—A. Not anything hut my name. 

Q. Did you tell Mr. Burgess you could read aiul write?—A. Yes, sir; a little 
bit. 

Q. Mr. Burgess recpiired you to \M'ite your name?—A. Yes, sir. 

(>. He didn’t re<piire you to read it’?—A. No, sir. 

Q. You have an impediment in your speech which bothers you about talk¬ 
ing and rea<ling?—A. Yes, sir. 

Redirect examination hy C. B, Spicer. 

Q. How long have you been so you could write your name’?—A. I don’t 
remember. 

Q. You couldn’t write your name when you made your mark on tho.se mort¬ 
gages before Mr, Aliller?—A. No, sir. 

Q. That was last fall, wasn’t it?—A. No, sir. 

(). Didn’t you ask Worth Harless to sign your name to a check just before 
election?—A. Not as I remember. 

Q. You will swear that you didn’t?—A. I don’t remember asking Worth 
Harless. 

Q, Did you ask Hilton Severt to sign your name to a check?—A. Yes, sir. 

Q. And you told him you couldn’t sign your name?—A. I don’t remember 
that I told him I couldn’t sign it. 

Q. How long has your wife been sending copies out there for you to sign your 
name, been practicing your name?—A. I used to I could write my name. 

Q. When did your wife begin to set copies to write your name?—A. Last 
summer. 

Q. Have you been practicing any on writing your name since the election?— 
A. Y^es, sir; since and before. 

Q, You didn’t go to the polling place to register?—A. I went to Mr. Burgess’s 
house. 

Q. And went one night?—A. Yes, sir; it was in the night. 

.TUANIS FAW testified as follows: 

Direct examination by C. B. Spicer ; 

Q. You registered and voted at the last election in Obids—Democratic 
ticket?—A. Y^es, sir. 

Q. Where did you register’?—A. Up at Mr. Burgess’s, 

Q. His home?—A. At the old storehouse. 


CAMPBELL VS. DOUGHTON. 


643 


Q. Just below his home?—A. Yes, sir. 

Q. That’s the voting place?—A. Yes, sir. 

Q. Was it over there at the Absher i>lace you registered?—A. Yes, sir. 

Q. Can you read and write?—A. A little bit. 

Ci. Did the registrar, when you registered Mrs. Faw, ask you to read and 
write the Constitution and you did?—A. I didn’t read any, but I wrote my 
name and post office. 

Q. And he registered you on that?—A. Yes, sir. 

Cross-examination by G. L. Park: 

Q. Will you please introduce the sheet of writing which you now have in 
hand for identification to be introduced when the contestee introduces his 
testimony?—A. Yes, sir. 

You wrote this paper wi-iting, dated INIarch 13, 1921?—A. Yes, sir. 

(). And all of said paper is in your own handwriting?—A. Yes, sir. 

(The contestant ap])ears for the testimon.v of the last number of witnesses 
to be attempting to go behind the record and return of election made by pre¬ 
cinct officers, and this contestee enters his objection to the introduction and 
reading of any testimony tending to go behind the election returns upon any 
vote cast which was not particularly and definitely contested and set out in 
contestant’s petition of contest or notice of contest, and that no election is con¬ 
tained in said petition or notice of contest as to the votes which have already 
been testified of in this hearing, and further enters his protest to any testimony 
being introduced I’elating to any votes which have not been set out in con¬ 
testant’s petition and notice of contest, there being no election in notice of 
contest as to challenging of any vote cast in election of 1920, by any elector or 
electors who could not read and write.) 

Mrs. FANNIE GOIiVAUl) testified as follows: 

Direct examination by C. B. Spicer: 

Q. You live in Ohids Township?—A. Yes, sir. 

Q. You registered and voted in the last election?—A. Yes. 

(}. Where did you register?—A. At my own house. 

Q. Who registei'ed you?—A. H. H. Burgess. 

Q. He was election registrar for that township?—A. Yes, sir. 

Q. How did you vote?—A. Democratic. 

Q. Did Mr. Burge.ss, when he registered you, require you to read and write 
the Constitution?—A. He did not. He mentioned reading and writing. I 
told him I had not had much school. Suppose he knew me pretty well; I was 
raised right thei-e. He questioned me very little on the subject. 

Q. What did he tell you?—A. Said he thought I could read and write all 
right, or something like that. 

(}. What else?—A. I don’t recollect as he told me anything else. I told him I 
was getting old. 

Q. INlary Darnell there at the time?—A. Yes, sir. 

Q. And he took .von around behind the house?—A. No, sir; one side of the 
house jind into the kitchen. 

Q. What did he tell you?—A. Never told me a thing; just registered me. 

Q. Didn’t say anything about that if you voted the Democratic ticket that he 
would register you an.vway?—A. No, sir; did not question me anything about 
Democrats at ail; knew very well what I was before I come. 

Q. Did he swear you?—A. I don’t recollect that he did. 

Q. Didn’t qualify you?—A. Think not. 

Q. .lust put your name down on book?—A. That’s about all I recollect. 

Cross-examination by G. L. Park ; 

Q. Are you certain that Mr. Burgess didn’t administer the oath to you, hold 
up your right hand, or anything about .vour being a resident of the State?—A.' 
Don’t thiidv he did. Maybe he might have done it, but I don’t recollect it now. 

Q. If he did von don’t now recollect?—A. I do not. 

Q. And you wouldn’t positively say?—A. I can’t recollect much. 

LEWIS MILLEll testified as follows; 

Direct examination by C. B. Spicer: 

Q Mr Miller, vou are voter in Obids Township?—A. Yes, sir. 

Q. You formeriy voted the Democratic ticket?— A. I started out fool like Demo¬ 
crat and got more sense. 


644 


CAMPBELL VS. DOUGHTON. 


Q. Will you please state why you eliauged from votinjr the Democratic ticket 
to the Republican ticket. 

(Objection by contestee, for the reason that the evidence called for is incom¬ 
petent. ) 

A. I just say we Republicans haven’t had a fair election in 15 years; my age 
is about GO; I have voted Democratic ticket right smart all the way through. I 
got tired of the State laws. Overtaxed by the Democratic Party and their mean¬ 
ness. Am not ])ersonal and got no more against INIr. Donghton than I have the 
balance of the Democrats. 

Q. You haven’t got anything against any of them personally?—A. No; just 
want fair thing done. They have been threatened several years that they would 
be “ lawed,” and don’t think I will ever live to right done if this doesn’t do it. 
We have been imposed on by them ever since the war. Should be two parties. 
1 haven’t got anything against INIr. Donghton ; all I want is fair thing done. 
Hain’t been a fair election in 15 years to my knowing, and I am confident about 
what I am talking about, but I am getting sick and tired of this wish-washing 
about eating tickets; have known them to do this after election. 

Q. Do you know Barney Miller?—A. Yes, sir. 

Q. Did he vote?—A. He was challenged; don’t know anything about voting. 

Cj. Azra Miller ; did he vote?—A. I think he did, to the best of my knowledge. 

Q. Joe Winn; do you know him?—A. Don’t think he is a citizen of our county. 
If he voted it was illegal; has been in county so little I never formed his ac¬ 
quaintance. Lived about 6 miles away. 

Q. How long has it been since he has been over there?—A. About the time his 
mother died ; about four or five months ago. He mostly stays about Washington ; 
have been informei:! he has some kind of employment there. I heard that some 
of the parties run this election so they was going to drive off citizens from other 
States because they voted the Republican ticket. 

(The contestee objects to. the testimony of witness, which gives hearsay testi¬ 
mony. ) 

Q. Who was it?—A. Tam Bowie. 

(The contestee objects to statement made by any individuals or persons not 
in the presence of this contestee. 

Cross-examination by G. L. Park ; 

Q. Lewis, you have not been closely bound in your affiliation with either of the 
political pai'ties for a number of years have you?—A. I have always Ik^u a Re¬ 
publican in ])rinciple, but I had some good Democratic friends I thought, and they 
came around and overswayed me and talked me into voting for them, and it was 
the wrong thing for me to have done. See these rags on me? I pay a good tax, 
and the Democrats have done it. I pay a big tax. 

Q. You were a candidate?—A. For magistrate. I told them I was. 

(}. (,)n the Democratic ticket for justice of the peace in Obids T(nvnship in the 
election of 1920, were you not?—A. Yes, sir; I was, and I will tell you why you 
done it. The Democrats thought they would get the whole vote. Said you 
needn’t nominate me on Democratic ticket for the justice of the peace, for I am 
a Republican. They said “ You have been voting for us, we will just nominate 
you.” Told them I am Republiqan. Just done that for the purpose of getting 
my family to vote Democratic ticket and lead me on. 

Q. Mr. Donghton didn’t have anything to do with your nomination?—A. Not a 
thing. I voted for him. If we hadn’t been pretty good friends wouldn’t have 
voted that. 

Q. Were you elected?—A. Elected Republicsin indorsement. 

Q. You had no opposition?—A. Didn’t need none; Republicans and Democrats 
voted for me. 

Q. You requested INlr. Bowie at one time to have you appointed on the Ashe 
County Good Roads Commission, didn’t you, IMr. liOwis?—A. Don’t remember 
that I did. 

Q. You requested Mr. Bowie to appoint you on the highway commission since 
last election?—A. No; I think not; you are mistaken about that. 

Q. I am asking you a question.—A. No; I have not. 

*(In reply to the question last asked, witness states that it was a lie or that 
the attorney fixed it up himself.) 


CAMPBELL VS. DOUGHTON. 


645 


BOB MAY testified as follows: 


Direct examination by C. B. Spicer : 

Q. You weie the legistrar of election for I’iney Creek Township?—A. Yes, 

ances. 



Q. Daisy Blevins; did you register her?—A. Yes, sir. 

Q. Did yon apply the test to her?—A. Yes, sir. 

Q. Did she write?—A. She written her name; that’s all I required of anybody. 

Q. \\ ho showed her the section that she read?^—A. I give it to her. 

Q. Who told you the section to give her?—A. Nobody at all. 

Q. How long had you been using that section?^—A. I didn’t have any particu¬ 
lar section to use; commenced using one, and a number got to trying to mem¬ 
orize. 

Q. Did she have that section memorized?—A. She read it. 

Q. Who was present when she registered?—A. Her daughter and her husband. 

Q. You didn’t require her to read the constitution?—A. Didn’t require it of 
anybody. 

Q. Margaret Francis; did you register her?—A. Y"es, sir. 

Q. Did you apply the illiteracy test to her?—A. No, sir. 

Q. How old is she?—A. About 50. 

Q. She’s not decrepit, is she?—A. Yes, sir. 

Q. Mattie Blevins?—A. Yes, sir. 

Q. Did she read and write?—A. Y^es, sir. Also written her name with a wit¬ 
ness later. 

Q. Who was that witness?—A. I believe, her daughter. 

Q. At her home?—A. l"es, sir. 

Q. Did you register Mrs. Gilley at home?—A. l^es, sir. 

Q. Margaret Francis at home?—A. She came to my home. 

Q. Mattie Blevins?—A. At my home. 

Q. All of these voted the Democrat ticket, did they not?—A. I don’t know 
whether they did or not. 

Q. Sarah Gilley did, didn’t she?—A. I couldn’t tell you. 

Q. She is of Democratic family?—A. I don’t know. 

Q. Margaret Francis; she is Democrat?—A. Democrat. 

Q. Mattie Baldwin?—A. Raised Republican; married Democrat husband. 

Q. How many Democrats did you turn down?—A. I don’t know. 

Q. Did you turn down any?—A. Yes, sir. 

Q. Will you please give me the name of one?—A. Requested by some people 
that I register Will Baldwin’s wife. 

Q. Did she present herself?—A. No, sir; I went down there passing, and she 
said she couldn’t read nor write much; her husband requested that she try it; 
told her that if she couldn’t wouldn’t be necessary to try it. 

Q. You told her that everybody knew that she couldn’t read and write and 
that he had better not register her?—A. No, sir. 

Q. Can you recall another Democrat that you turned down?—A. Wiley 
Adams’s widow. 

Q. Did she present herself for registration?—A. No, sir. 

Q. So you didn’t turn her down?—A. No, sir; I didn’t make any effort to 
register her, but some of her people did, and also Mrs. Combs, down at Tucker- 
dale. 

Q. What did you say about Mrs. Combs?—A. She came there; said she 
couldn’t read nor write. 

Q. Did she present herself to you?—A. She came to the polls with another 
woman. Suppose she presented herself. Don’t know what else she was there 
for. 

Q. Did she tell you she wanted to register?—A. I asked her if she did. Said, 
“ No, sir ” ; she couldn’t read nor write. Said she couldn’t register. 

Q. Can you recall another one?—A. No, sir; no others over there. 

Q. About how many Republican women did you turn down ?—A. I don’t know 
how many; not a great number. 

Q. Mrs. Will Sexton?—A. Yes, sir. 


646 


CAMPBELL VS. DOUGHTON. 


Q. She could read and write?—A, No, sir; couldn’t read a word; told me she 

never had learned. . , _ , 

Q Mrs. Prior Sexton; she could read and write. I will ask you if the only 
word she missed in reading wasn’t the word “ recognized ”?—A. She didn’t read 
one-half the paragraph correctly; a short one at that. She came in and I 
turned over the book; showed her where to read; she turned back to the first. 
Told her to read where I showed her; all the rest were reading there. Said 
she would read where she wanted to. 

Q. She is Republican, isn’t she?—A. Don’t know. 

Q. Republican family?—A. Yes, sir. 

Q. Turn down Mrs. Matt Childers?—A. Don’t remember. 

Q. Mrs. Prior Sexton, Republican family?—A. Her husband. . 

Q. Roby Francis; turned her down?—A. Yes, sir. 

Q. She’s Republican?—A. I don’t know. 

Q, Amos Sullivan’s wife, you turned down?—A. She didn’t present herself. 

Q. How many Republicans did you turn down?—A. Didn’t keep any record of 
them. 

Q. Don’t you think it would have been doing the fair thing if you registered 
Mrs. Gilley and Mrs. Francis, who were Democrats, to have registered these 
Republicans who were turned down?—A. Not unless if present; would have 
been registered. 

Q. You were applying the illiteracy test?—A. Not to all; there was a number 
of Republicans that registereil. It was largely a Republican township. 

Q. How many Republicans did you register that could not read and write?— 
A. I don’t know. 

Q. Can you name one?—A. Several in the settlement; old Mrs. Williams, on 
Horse Creek, reported to me she couldn’t. Several I didn’t put the test to in 
settlement. 

Q. Did you apply the test to Mrs. Williams?—A. No, sir. 

Q. Where did you register her?—A. Voting place. 

Q. How many women did you register at the polling place?—A. Never kept 
any record. 

Q. As many as 257 —A. Yes, sir; more than that. I wouldn’t make any 
definite statement in that regard. 

Q. Did you register any Republicans away from the polling place?—A. The 
first ones I registered; went to a number of homes. 

Q. You registered Mrs. Robert Styke and IMrs. Ham at Emory Tucker’s, didn’t 
you?—A. I don’t remember the names; registered a couple of women over there. 

Q. How come you to leave the polling place to register them?—A. Early in 
the morning I came by and they claimed they were in a hurry. 

Q, Why did you say that Mrs. Styke and Mrs. Ham, that you had registered 
at Emory Tucker’s home, voted on the crook?—A. To the best of my knowledge, 
I didn’t say that. 

Q. Did you register Nora Dolinger?—A. I am not familiar with the name. 

Q. Nora Dolinger, that come in from West Virginia and was challenged on 
election day and her vote knocked out?—A. Registered her. 

Q. How long had she been away from the State?—A. Didn’t know she had 
been away until after challenged. I had been away in the Army and in 
Germany and hadn’t been at home. Somebody told me then that she had been 
away in West Virginia, her and her husband. 

Q. Where did you register her?—A. At my home. 

Q. Did you put the oath to her?—A. l^es, sir; to every one; she was the first 
I registered, the first I put on the books. 

Q. Didn’t you know that she had been away and had only come back to 
burial of her mother and stayed only two days?—A, No; I didn’t know. 

Q. She did leave in two days after registering?—A. I don’t know. 

Q. You registered Mrs. .Julia May?—A. Yes, sir. 

Q. She was over there teaching school; had been in that township about two 
or three weeks?—A. I didn’t know how long she had been there, but we found 
out later that her time would make four months. 

Q. Did you qualify her that she had been there four months?—A. Yes, sir; 
she taken the oath, but she wasn’t familiar with the time and didn’t know what 
was I’eqHired of her. 

Q. You stated four months in oath?—A. Certainly ; thats’ the oath. 

Q. Did you administer that oath?—A. Yes. 

Q. She voted at your home?—A. No; at Clifton; boarded there. 


CAMPBELL VS. DOUGHTON. 


647 


Q. Didn’t you know, as matter of fact, that she hadn’t been there but two or 
three weeks?—A. I paid no attention; told me she wanted to vote where her 
proper jdace was. 

Q. She was Democrat?—A. I don’t know how she voted. 

Q. You thoujjlit she was Democrat?—A. She’s of Democratic family. 

Q. Did John Tucker vote there in your precinct?—A. Yes, sir. 

Q. How did he vote?—A. Don’t know. 

Q. How did he vote?—A. By mail. 

Q. Have you sot the certificate he sent in when he voted?—A. No, sir. 

Q. I will ask you if Mr. H. C. Tucker, of West Jefferson, didn’t write you a 
letter and you voted INIr. John Tucker on that letter?—A. They all written 
letters; T don’t know who wrote the letter. 

Q. Did H. C. Tucker write you a letter from West .Jefferson to vote John 
Tucker?—A. No, sir. 

Q. Did he vote on certificate?—A. I don’t know how it \\'as; I forjjet. 

Q. Did .lohn Tucker sijni a certificate when he voted?—A. There was a woman 
sent one in like that, so we let it pass, and we agreed to let the other pass. 

Q. iNIr. .John Tucker didn’t send in certificate?—A. No, sir. 

Q. INIr. H. C. Tucker sent a letter from West Jefferson?—A. I couldn’t say 
which one sent it. 

Q. A letter did come from West Jefferson to vote him. and a Democratic 
ticket?—A. I don’t know where it was maileil. 

Q. I will ask you if after receiving the letter from H. C. Tucker you didn’t 
call for a straight set of Democratic tickets and vote?—A. I don’t have no 
recollection of that. 

Q. AVhat did you do with these certificates?—A. I just throwed them down. 

(}. You didn’t make any returns of an.v of them?—A. No, sir. 

Q. How many absentee votes in your township?—A. Probably 5 or 6; small 
thinjr. I think about 5, to the best of my recollection. 

Q. Eli Massy’s wife—did you rejjister her?—A. Yes, sir. 

Q. Did she read and write?—A. Yes, sir. 

Q. You rej 2 :istered her at nijtht, I believe?—A. Yes, sir. 

Q. Did you let Mr. J. C. Gamble and others have a copy of the registration 
books when they came to you and asked you for it?—A. No, sir. 

(}. You refused?—A. I told them they could look at it, but couldn’t make 
copy. 

Q. You left the polling place on challenge day at 4 o’clock, didn’t you?— 
A. No, sir; it was very late. 

Q. Did you send the hooks off by a Blevins?—A. No, sir; I give them to 
feller Blevins to hold while I got my horse. 

Q. You told Mr. Gamble and others when they asked for copy of registra¬ 
tion books that you had orders from higher up not to give them to them?— 
A. N(». sir. 

Q. You did have orders not to let Republicans have copy of the registration 
books?—A. No, sir. 

Q. Why did you refuse to let them have copj- of books?—A. I didn’t think it 
necessary, as they had all day to look oeer and challenge whom they pleased. 

Q. The name of Bryan Pennington appeared on your hook, too, didn’t it?— 
A. Not as I have any recollection of. 

(j. Did you strike it off? Didn’t some party call your attention to it?— 
A. 7 don’t remember about that. Lots of old names were found. 

(j. How many people did you register?—A. 1 never kept any record of it. 

Q. Did you come to Jefferson just prior to challenging day for the poll Mr. 
Austin testified about?—A. No, sir; never had registration hooks here. 

Q. Did you keep list of registrants on paper other than your book,—A. Had 
some of them. Don’t know whether I had them all or not. 

Q. Did you furnish copy of the registration books to the Democratic execu¬ 
tive committee?—A. No, sir. 

Q. What did you bring ui) here with you when you come to make the poll 
returns?—A. ^Made rough count. 

Q. Size up who were Democrats and who were Republicans?—A. Of course 
we wanted to know. 

Cross-examination by G. L. Pabk : 

Q. Mr. May, those two women that you registered without requiring the 
educational test, did the.v state to you that they could read and write? A. 
Yes, sir. 


648 


CAMPBELL VS. DOUGHTON. 


Q. But stated to you that their eyesight was bad aud that they couldn’t 
think and write?—A. Yes, sir. 

Q. I\Irs. Julia May didn’t vote in your township?—A. Didn’t make any 
eft’ort; knew she couldn’t. It wasn’t any private business. 

Q. Why didn’t you return the certificates and votes cast under the absentee 
voters’ law?—A. Didn’t have the name on the back of the ticket. 

Q. The law didn’t require it?—A. Not as 1 understand it, unless the name 
was on the ticket. 

Q. You say that you didn’t let Mr. John Tucker vote without certificate and 
he voted the Democratic ticket?—A. Don’t know how he voted. 

Q. You say that you permitted Mrs. S. N. Howell to vote without certificate?— 
A. Yes, sir; she come first. 

Q. She voted Republican ticket?—A. Yes; because I investigated her ticket. 

Q. Did these gentlemen tender you the money to make a copy of the regis¬ 
tration books—J. C. Gamble and others?—A. No, sir. 

Q. Say anything about paying you for making any copy?—A. No, sir. 

Q. You permitted them to fake the books and examine them fully and 
thoroughly?—A. Did this any time. 

Q. When they demanded a copy was that at your home or polling place? 

A. At polling place. 

Q. Were you busy with the books at the time?—A. Yes; they asked several 
times; we were first going over them; both sides were—Democrats and 
Republicans. 

Q. So you were using the books practically all the time when J. C. Gamble 
and other Republicans requested that they might take a copy of the registration 
books?—A. Some of the time; not all the time. 

Q. But you were using them most of the time?—A. One-half of the time I 
would say. 

Q. Mr. INIay. when you went out to register away from the polling place did 
you register Democrats and Republicans?—A. Yes. sir. 

Q. You made no distinction or discrimination?—A. I told them publically 
that I would go anywhere in the township and register them and did go a 
number of cases where they were unable to come out. 

Q. You went away from home to register Republicans as well as Democrats?— 
A. Yes, sir. 

Q. Did you try to treat Democrats and Republicans alike? Honestly and 
fairly register and hold the election in your precinct at the election of 1920?— 
A. Yes, sir; the best I knew. 

Redirect examination by C. B. Spicer: 

Q. You say that the reason you didn’t preserve these certificates were that 
they Avere not signed on the back?—A. I heard that said lots of times. 

Q. q^)-day or yesterday?—A. Long before the election. It’s in there. 

Q. That was your construction placed on it?—A. That was the way I under¬ 
stood it. 

Q. That unless they had their names written on the certificates you didn’t 
have to preserve them?—A. Unless their names were on the tickets. 

Q. Have you ever heard that construction on that law until you came here 
and talked with the contestee and his attorneys?—A. Yes, sir. 

Recross-examination by G. L. Park : 

Q. You had a copy of this law and read the law as your duty with reference 
to registration and holding the election and returns?—A. Yes. sir. 

Redirect examination by G. B. Spicer: 

Q. Did you ever read chapter 322, “ Public Laws of North Caroliivi, Session 
1919”?—A. Election law? 

Q. Yes, sir.—A. I couldn’t say whether I have or not. 

(}. (Reading:) “In voting by mail described in chapter 23 of the Public 
Laws, 1917. the voter may, at his election, sign or cause to l)e signed his name 
upon the margin or back of his ballot or ballots for the purpose of identification. 
The ballot or liallots so voted, together with the accompanying certificates, 
and also the certificates provided in section 2 of this act in (;*ase the voter- 
ballots by that form, shall be returned in a sealed envelope by the registi-ar 
and poll holders with their certificates of the result of the election a ccrpy for 
six months or in case of contest in the courts until i-esults ai-e finally deter¬ 
mined.” Did you read that in election law?—A. Some of it reads like that. 

Q. “Sect'on 2 of chairter 322, section 3 of chairter 23 of the Public Laws of 
1917 be, and the same is hereby, amended by adding at the end of said section 


CAMPBELL VS. DOUGHTON. 


649 


the following?: ‘The said board of elections shall also furnish to the county 

board of elections, at the same time, certiticates in form as follows :-State, 

-date. To the rej^istrars and judges of election of-precinct: I 

hereby (*ast my vote for each nominee of the-Party to be voted for at the 

election to l)e held on (give day of election)-. \Vitness_* Said 


certificate shall be signed by the elector and when signed and witnessed shall 
be accounted as a vote for each of said nominees, subject to the right of chal¬ 
lenge.” F>elieve you said that no tickets accompanied the letter that .Tohn 
Tucker sent?—A. Don’t remember; I couldn’t say. 

Q. The other votes that were voted there were voted by a certificate?—A. 
Except Mrs. Howell. 

Q. All other certiticates voted there read like the certificate in section 2 here¬ 
tofore read except John Tucker’s and Mrs. Howell's?— 

Kecross-examination by G. L. Park : 

You read section 590(5 of the election law?—A. Yes; I read it all—that in 
the election law. 

Q. “In voting by the method prescribed in this article the voter may, at his 
election, sign or cause to be signed, his name upon the margin or back of his 
ballot or ballots for the purpose of identification. The ballot or ballots so 
voted, together with the accompanying certificates, shall be returned in a sealed 
envelpe by tbe registrar and poll holders, with their certificates of the results 
of the election, and kept for six months, or, in case of contest in the courts, 
until the results are finally determined.” Section 5960. Public laiws, 1919; 
chapter 322; section 4a. 

Adjourned until 10 o’cl(a?k to morrow morning.) 

Hearing opened Tuesday, March 15, 1921, 10 o’clock a. m., courthouse. Mon¬ 
roe Adams, commissioner of testimony, being the same that acted on day before. 
Then present on part of contestant, the contestant in person and, as his attor¬ 
neys, C. B. Spicer and W. R. Bauguess, and present on part of the contestee, the 
contestee in person and, as his attorneys, G. L. Park. W. B. Austin, and T. C. 
Bowie. 

It is not the pui-pose of the contestant to go into the record as asking that 
illiterate Republican voters refused registration shall be counted for him or to 
substract illiterate Democratic ones cast for contestee from him, but the pur- 
p<xse of such evidence so introduced by contestant is to show descrimination and 
take advantage of any said discrimination favorable to contestant. 

W. A. (ARTHUR) BROOKS testified as follows: 

Direct examination by C. B. Spicer : 

Q. You were the Republican judge in Ifiney Creek Township?—A. Yes, sir. 

Q. Did you help h(dd election in Piney Creek Township November 2. 1920?— 
A. Yes, sir. 

Do you know Daisy Blevins?—A. Yes, sir. 

Q. Did she vote?—A. Think so. 

Q. How did she vote?—A. Democrat. 

Q. Can she read and write?—A. I can’t state that; T don’t know. 

Q. What’s your information?—A. I don’t know. 

(Contestee objects to the foregoing question and answer for the reason that 
witness has stated that he does not know whether Daisy Blevins can i-ead or 
write and attempts to prove by this witness by reputation or hearsay which is 
incompetent.) ' 

Q. Do you know Margaret PT-ancis?—A. Yes, sir. 

Q. How did she vote?—A. Democratic. 

Q. Mattie Baldwin; did she vote?—A. Yes, sir. 

(L How did she v{)te?—A. Democrat. 

ii. Can she read and write?—A. Can’t tell that. 

(i. What’s your opinion?—A. IMy opinion is she can't. 

(Contestee objects to the foregoing question and answer for the reason that 
witness has stated that he does not know whether Daisy Blevins can read or 
write, and attempts to prove by this witness by reputation or heai-say, which 
is incompetent.) 

ii. Did Mrs. Robert Styke ami Mrs. Ham vote?—A. Yes, sir. 

Q. What Ham was that?—A. laves at Lansing. I forget her husbaml’s 
name. 

Q. How did they vote?—A. Republican. 









650 


CAMPBELL VS. DOUGHTON. 


(}. What, (lid the registrar say when they voted?—A. When INIrs. Styke 
voted he reniai-ked to me, says “ this woninn is voting through a crook.’* 

Q. Did yon go to the i)olling place on challenging day and ask the registrar 
for copy of the registration books?—A. Yes, sir. 

Q. What did he tell yon?—A. Said he had been advised to give no copy of 
poll book whatever, bnt said, “ Books nre here for inspection.'* 

Q. Xorah Dolinger—did she vote?—A. No, sir. 

Q. How long out of State?—A. Right around 12 months. 

Q. How long in before election?—A. Come in on visit some few days before 
election to see her people and probably funeral service of sister. 

Q. How long did she .stay?—A. A short period. 

Q. Was ticket there for her on election day?—A. Yes, sir: absentee. 

Q. Democrat or Republican?—A. Democrat. 

Q. Did V. E. Ballon vote?—A. Yes, sir. 

Q. How did he vote?—A. Voted Democratic mostly, I think, probably Mr. 
Bowie—didn’t vote for him. 

Q, Did Lester Eller vote?—A. Don’t remember him. 

Q. Did Thomas Parsons vote?—A. I think not; he moved out of the town¬ 
ship. 

Q. Did V. E. Ballon vote for the contestee?—A, I think so; to the best of 
my knowledge. 

Q. Mrs. Sollie Howell vote?—A. I don’t believe I remember. 

Q. Was the educational qualification insisted on in that township by the 
registrar?—A. I couldn’t state positively, because I wasn’t present at the 
registration—just by reputation. 

Q. How many Republicans did yon have information were turned down by 
the registrar over there? 

(Contestee objects to the foregoing question for the reason that it calls 
for hearsay or reputation testimony, which is incompetent.) 

A. About 14 or 16. 

Q. How many Republicans did yon have information didn’t present them¬ 
selves for i-egistration on account of the educational test? 

(Contestee objects to the foregoing question for the reason that it calls for 
hearsay or reputation testimony, which is incompetent.) 

A. About the same amount didn’t present themselves—didn’t go out. 

Q. Then there were some 30 or 40 Republicans in that township didn’t 
vote?—A. Something near about 30, I suppose. 

Q. That township is Democratic or Republican?—A, Majority Republicans. 

Q. About how large majority—about what proportion Democrats to Repub¬ 
licans in that township? 

(Contestee objects, in that record is best evidence and that record has 
already been introduced.) 

A, Majority ranges from 37 to 200 majority. 

Cross-examination by G. L. Park : 

(}. Yon don’t mean to say that the contest.-uit received the majority of 200 
in Piney Creek Township?—A. T think so. or right around it. 

Q. You don’t know, then, the majority?—A. Not exactly; right around that 
sum. 

Q. Are you trying to give him a majority of 200 in Piney Cr(‘ek Townsldp?— 
A. Only just what the figures states. 

Q. You haven’t given the figures.—A. Not exactly. 

Q. Then, would it not be better to have stated that the returns showed 
the majority?—A. That would have been all right, I suppose. 

Q. You stated in your direct examination that you called for copy of the 
registration book?—A. Yes, sir. 

Q. You didn’t call for a copy of the poll book, did you?—A. No, sir. 

Q. You didn’t present the registrar with fees to pay for making copy, either, 
did you?—A. No, sir; did not. 

Q. You called on challenge day for this copy?—A. Yes, sir. 

Q. Did you make any challenges yourself that day?—A. I don’t think I did; 
Mr. Kirk Gamlde wms with me and did make some challenges. 

Q. The registrar permitted you to go over the hooks and examine them?—A. 
Yes, sir. 

(). IMrs. Nora Dolinger did not vote?—A. No, sir; her vote was not deposited. 

Q. She didn’t vote?—A. No, sir; she didn’t vote. 


CAMPBELL VS. DOUGHTON. 


651 


Q. You said there was about 30 Republicans more that did not vote?—A. 
Yes, sir. 

Q. Now, I will ask you if jmu know this to be correct?—A. Yes, sir. 

Q. You know that these women were Republicans?—A. I don’t know that 
they would have voted Republican ticket, but they were in Republican families. 

A. M. POWERS testitied as follows: 

Direct examination by C. B. Spicer: 

Q. Mr. Rowers, what township do you live in?—A. Piney Creek. 

Q. What place?—A. About 4 miles from Lansing, but I stay lit lainsing. 

(^. Do you know Mr. George Doggett?—A. Been working for him a year. 

Q. Did you ever see him with paper writing what purported to be the 
family tree of Mr. Harding? 

(The contestee objects to the introduction of any testimony which tends to 
discredit the President of the L''^nited States or reflect upon his blood or lineage.) 

A. He presented an instrument of writing on a thin piece of paper where 
it says “Warren G. Harding,’’ handed to me to read, “ his great-grandfather 
and his ancestors and his back kindred black niggers,’’ two or three days 
before the election. 

Q. What’s the politics of Mr. Doggett?—A. He voted the Democrat ticket. 

Q. What are your politics?—A. Republican; always have been and always 
will be. 

Q. Don’t you think that it would come with better grace from the adherents 
of the contestee to have objected to tbe circulation and exhibition of matter 
of this sort some few months before the last election? 

(Same objection as above, together witli the objection to the form of the 
question calling upon the witness for his personal or individual thinking or 
opinion.) 

A. I think so. 

Cross-examination by G. L. Park : 

Q. Mr. Powers, this paper that George Doggett showed you didn’t change 
your political affiliation and cause you to vote the Democratic ticket?—A. 
Couldn’t do enough to do thaL 

Q. Do you know of a single'Repnblican that was changed because of that?— 
A. I don’t know anything about that. 

Q. You were talking about the good grace, don’t you think that there is 
more harm being done to IVIr. Harding by the contestant trying to air this 
and bring it into the record than what was done up there, just showing that 
paper to you?—A. It would have been better on the Democratic Party not to 
have circulated that. If I would have been a Democrat and he presented 
that to me, I would have voted the Republican ticket. 

Q. Don’t you think that it comes with mighty bad grace now from the con¬ 
testant attempting to circulate in a public record a charge which he claims 
to be absolutely false against the President of the United States?—A. It would 
have been better for it not to have been circulated. 

Q. You don’t w'ant to answer my question, Mr. Powers?—A. I’ll answer no. 

Q. I will ask you how you can claim that this was any injury to the con¬ 
testant for one (leorge Doggett to circulate such pai)er as you claim?—A. Well, 
I thought it was to induce me to vote the Democratic ticket. 

Q. It didn’t do it?—A. No, sir; it didn’t. 

Q. And all the powers that be can’t except death, hell, and the grave, can 
it?—A. No, sir; it can’t; not me, it couldn’t. 

Q. Do you pretend to say that the contestee, Mr. Doughton, had anything 
to do with or any knowledge of the circulation of such paper?—A. I don’t 
know nothing about that. 

Q. Would you say he did?—A. No, sir; I don’t say that he did. 

Redirect examination by C. B. Spicer : 

Q. You knew the puiqiose of the circulation of that?—A. I think so. 

Q. What was it?—A. To induce me to vote for President Wilson. 

(J. You don’t know how many other people saw it?—A. I do not. 

Q. You meant that this family-tree circulation that you spoke of was shown 
to you to get you to vote for the Democratic nominee, Mr. Cox, instead of 
President Wilson?—A. Yes, sir. 


652 


CAMPBELL VS. POUGHTON. 


ROBERT HUDLER testified as follows: 

Direct examination by C. B. Spicer : 

Q. Mr. Hudler, yon were the Republican judge in Grassy Creek Township for 
the election held November 2, 1920?—A. Yes, sir. 

Q. Was Grassy Creek Township a Democratic township or Republican town¬ 
ship two years ago?—A. I think it gave a little majority to the Republicans 
two years ago, to the best of my knowledge. 

(The contestee objects upon the ground that record is the best evidence, and 
upon the further ground that there is no contest over the election of two years 
ago; neither did contestant or neither was contestant a candidate at said 
election, and is therefore incompetent.) 

Q. Was the illiteracy test at the last election applied by the registrar at 
Grassy Creek Township?—A. It was. 

Q. How many Republicans were turned down in Grassy Creek Township last 
election?—A. I don’t recollect. 

Q. How many does your information give? 

(Objection by contestee on ground that witness has stated he does not know 
how many were turned down, and also attempts to make hearsay evidence.) 

A. There was some. I just couldn’t tell you how many. 

Q. Have you any information from anybody about it; heard anybody say 
how many turned down? 

(Objection by contestee on ground that witness has stated he does not know 
how many were turned down, and also attempts to make hearsay evidence.) 

A. I don’t know that I have. 

Q. How many voted absentee?—A. Something like 18 or 20, I think. 

Q. How many of them were Republicans?—A. Something like three or four. 

Q. Did .1. C. Dancy vote in Grassy Creek Township?—A. I don’t recollect. 

Q. Did C. J. Paisley vote?—A. I don’t know. 

Q. .John M. Potter?—A. I think not. 

Q. Oscar Jones vote?—A. I think not. 

Q. Did Curt Hamby vote?—A. Yes, sir. 

Q. How did he vote?—A. Democratic. 

Q. How long had he been away from the State?—A. Been gone some time. 
I suppose something like a year. 

Q. Married man?—A. Yes, sir. 

Q. Family was out with him?—^A. Yes, sir. 

Q. Dell Hamby, that was his wife; she voted?—A. Yes, sir. 

Q. How did she vote?—A. Democratic. 

Q. She had been out about a year?—A. Yes; with her husband. 

Q. Did you hear all those challenges on election day?—A. There was little 
conversation about it. 

Q. Did you agree for these persons who had been challenged on Saturday 
previous to the election to vote?—A. We had some talk about that, and we 
just let them vote. 

Cross-examination by G. L. Park : 

(). Mr. Hudler. and you swear that it was the purpose of Curt Hamby and his 
wife when they went away to abandon their citizenship in North Carolina?—A. 

I never said it. 

Q. Can you swear that they did not have in mind when they went away 
and that such intention remained with them to return and that they only went 
away temporarily, can you swear they didn’t have that intention?—A. I 
will not. 

W. F. PHIPPS testified as follows: 

Direct examination by C. B. Spicer : 

Q. What township do you live in?—A. Grassy Creek. 

Q. According to information you have, how many Republicans were denied 
registration on account of illiteracy test in your township for last election? 

(Objection by contestee, for question calls for hearsay testimony and not for 
the personal knowledge of witness.) 

A. I haven’t any information as to how many. I have personal knowledge 
of four or five. 

Q. Did you see any of those pictures?—A. Yes, sir. 

(i Where did you see the picture?—A. I saw it at the voting place. 

Q. On election day?—A. No; day after election. 


CAMPBELL VS. DOUGHTON. 


653 


Q. Who had it?—A. Mr. David Blevins; it come through the mail to him. 

Q. He is Republican?—A. Yes, sir. 

Q. Describe that picture. 

(Contestee objects to the introduction of any testimony which will tend to 
reflect on President of the United States or his lineage or blood, and further 
objects for the reason that if any such was circulated it was after election was 
held, which circulation is shown to have been made by a Republican and a 
supporter of contestant.) 

A. It was a sheet of paper something like 16 or 18 inches long and 15 or 16 
inches wide, IMr. Harding in center, Mr. Davis’s and Mi-. Willis’s picture on it, 
and a number of niggers. It was called IMr. Harding’s Cabinet by the party 
who sent it. 

Q. ^Vas it in sealed envelope?—A. In pasteboard tube kindly like calendars 
are sent out in. 

Q. Did you notice the postmark showing where mailed?—A. Didn’t have any 
postmark on it to the best of my knowledge, so it could have been read; pos¬ 
sibly it had a blur on it. 

Q. Were you inside anv during the election?—A. No, sir. 

BII.L OWENS testified as follows: 

Direct examination by C. B. Spicer: 

Q. You were registrar of elections in Pine Swamp Township?—A. Yes, sir. 

Q. Did you apply the illiteracy test in that township?—A. Did not till right 
at the last; about the last Saturday I think; then I got a letter from the State 
board that said to apply the illiteracy test to them. Just registered all that 
come till I believe the last Saturday. Them I didn’t know I tested them; voted 
Democrat and Republican the same. 

Q. On the last Saturday you did applj^ the test?—A. To a few I did; I think 
now about the last Saturday. 

Q. I believe that township gave the contestee majority of about seven?—A. 
Record will show; I don’t remember. 

Q. How many did you turn down?—A. The best I remember, about 9 Demo¬ 
crats and 11 Republicans; I think I had it set down on different sheet of paper 
and give it to Baker and Frank Blackburn on challenge; don’t know what they 
done with it. 

Q. Ed Atkins vote there?—A. Yes, sir. 

Q. How?—A. Democrat; am not sure. 

Q. John Greer, did he vote?—A. Just can’t remember. 

Q. Walter .Johnson voted, didn’t he?—A. I was not there; I don’t know 
whether he did ; he voted, I guess; I believe Walter Johnson voted absentee 
vote. 

Q. Married man?—A. Yes, sir. 

Q. In Ohio?—A. Yes; went there la.st spring to the best of my knowledge. 

(}. He voted Democratic?—A. Yes, sii-. 

(}. W. W. Goodman vote?—A. Yes, sir. 

Q. How?—A. Democrat. 

(}. Frank Friesland?—A. If he did voted absentee; can’t remember. 

Q. You got those absentee certitic{ites?—A. Every one at home. 

Q. You didn’t make returns of them?—A. No, sir; the reason I didn’t. Re¬ 
publicans same as Democrats told me to take them home and keep them for 
six months: names not on back of them. 

Q. You didn’t bring them with you?—A. No, sir; got them at home. 

(^. Would you mind sending them to us?—A. No, sir; I will send them to you 
if you want them. 

Q. How many absentee votes in that township?—A. I can’t say, exactly; 
somewhere from 15 to 25; I just can’t remember. 

Q. Did Alex Holman vote?—A. No, sir. 

Q. He didn’t get registered?—A. He came out there one Saturday evening 
nnd his brother bad come and registered, and he come on out there on Saturday 
evening; said he wanted to register. I asked him if he had ever registered 
and voted anywhere else. Snid he had in Old Fields Township. I told him 
cnuldn’t regi.s'ter him unless he brought transfer to me and I would register; 
he come back about the next Saturday and said that registrar up there said 
that his name couldn’t be found on them books, and then his brother come 
to me and wanb^d to know about how for him to register; told him I didn’t 
know unless he come down and see if his name was on permanent register and 


654 


CAMPBELL VS. DOUGHTON. 


call and bidnjj the certificate. He come back and said his name wasn’t on roll. 
The evening didn’t register wrote registrar; said registrar said he had done told 
me. Went on to challenge day I think. Bob Taylor went up there and regis¬ 
trar give him instrnment of writing showing that his name was not on books. 
T took the instrnment of writing and I told Holman that if judges said he 
could vote here, perfectly welcome to vote. The day of election give judges 
writing and they passed him by. 

Q. He preseiited himself three or four times?—A. Presented himself once; 
never could get transfer from the other man, 

Q. He’s Bepublican?—A. Yes. If he had been Democrat would have served 
him the same way, as I did not show any impartiality about the other four. 
If they had been Republic{uis under the same circumstances would have voted 
them exactly like I did Republicans—J. E. Adkins, Walter Goodman, Ira 
Teague, and Henry Teague. 

Crn.ss-examination by G. L. PAin< : 

Q. IMr. Owens, did you fairly and honestly ])erform your duties as registrar 
and hold the election of 1920 in yoni- townshi]) fairly and impartially?—A. I 
certainly did, as far as I knew. 

Q. At Ibe time that Walter .Tohnson went to Ohio he went thei'e to woi‘k?—A. 
He has wecit out tbero to woi lc, then come l)ack and he married a girl from up 
here and went on back and he has not been back since. 

Q. You do not know but at the time he went away that he went to stay 
temporarily?—A. No, sir; I do not. 

(}. And had a mind to return?—A. No, sir; I do not, but it's a little my 
opinion that he is just out there at work because his father has good farm. I 
couldn’t tell yon about that. 

Q. Was his vote challenged?—A. No, sir; I don’t think it was; Mr. Baker 
on election day challenged them. Had Ira Walters to attend to his business 
and he kept statement of the men that were challenged. Republicans and 
Democrats made agreement not to challenge ladies. 

.1. 1). Baker, a Republican you speak of?—A. Yes, sir; judge. 

I. N. Hl’DLER testified as follows: 

Direct examination by C. B. Spicer: 

Q. You are the registrar of elections in Chestnut Hill Township?—A. Yes, sir. 

Q. Is your township a I>emocrat oi- Rei)ublican township?—A. It’s Democrat. 

Q. About thi'ee Democrats to every Republican?—A. About there. 

Q. Did you apply the literacy test in your township as registrar?—A. No, sir, 

Q, You registered all alike, didn't you?—A. Yes, sir. 

Q. How many absentee votes in your township?—A. Between 20 or 25 or 28; 
I don’t know. 

Q. Did Cicero Brown vote by ab.sentee?—A. No, sir. 

Q. Did Wile.y, his son?—A. No, sir. 

Q. AValter?—A. Yes, sir. 

Q. Vote by absentee?—A. Y’'es, sir. 

Q. Does Cicero Brown live there now?—A. Yes; lives there at the Roup 
])lace: little Cicero, we call him. 

Q. That’s the one that lives on creek at Dickson’s mill?—A. Yes, sir. 

(}. Is he living thei'e now?—A. Yes, sir. 

Q. Got his family there?—A. Yes. sir. 

Q. Did Arch McMillan vote?—A. No. sir; don’t think he did. 

(). M’illie Miller; did he vote?—A. Yes, sir, 

Q. How did he vote?—A. Voted Democrat ticket. 

Q. Did Emmet Price vote?—A. No, sir; I don’t recollect, maybe he did. 

Q. How did he vote?—A. If he voted, voted Democrat ticket, 

Q. Did John Linney Roup vote?—A. Yes, sir. 

(}. How did he vote?—A. Democrat. 

Q. Wiley Bi’own ; believe you said he voted—Cicero’s boy?—A. Don’t think 
he voted. 

(,). Ed, T. Bare; did he vote?—A. No, sir, 

Q. Walter Brown. W. B.?—A. Yes, sir. 

(). How did he vote?—A. Democrat. 

(}. Sam Blevins; did he vote?—A. Yes, sir. 

Q. How did he vote?—A. Democrat. 

Q. Wiley Taylor; how did he vote'?—A. Democrat. 


CAMPBELL VS. DOUGHTON. 


655 


• 

Q. Estel McMillan vote?—A. Yes, sir. 

Q. Yon registered him?—A. Yes, sir. 

Q. Did he take the oath that he was a citizen and 21 years of age?—A. Yes, 

sir. 

Q. How did he vote?—A. He voted Democrat. 

Q. Did you preserve the certificates?—A. Yes, sir. 

Q. Where are they?—A. At home. 

Q. Why didn’t you bring them up with you?—A. Not any of them signed. 

Q. How?—A. Wrote on by the person that sent them in. 

Q. Why should that make any difference about you bringing them up or 
leaving them at home?—A. We talked of bringing them and the law didn’t 
require us to bring them. 

Q. You knew that all matters pertaining to the election would he gone into 
at this hearing?—A. I didn’t think that they would; that you would require 
us to bring them. 

Q. You didn’t make return of them with your other papers?—A. No, sir. 

Q. You reckon you could get those certificates up here so we could see them?— 
A. Yes, sir. 

Q. Will you bring them up for us?—A.When would you want them? 

Q. Any time to-day or to-morrow?—A. I couldn’t bring them then. 

Q. Any day this week?—A. I dont’ know as I could. 

Q. One day next week?—A. I guess I could. 

Q. Will bring them one day next week and let me inspect them?—A. Yes, sir. 

(Attorney for the contestee said “If the law permits him to at this time.”) 

(The contestee, through his counsel, requested contentant’s counsel to know 
if witness was summoned and directed to bring with him and produce the 
certificates accompanying absentee votes, to which contestant, through his 
counsel, replied, “ I am examining the witness and not you.” Contestant, 
through his counsel, requests the witness to deliver to counsel for contestant 
the certificates which accompanied all absentee votes cast in witness’s township 
in the election of 1920, and that he do so sometime next week, to which counsel 
for contestee stated if it were legal for witness to do so that he should do so.) 

Cross-examination by G. L. Park : 

Q. Mr. Hudler, the record shows that at the election held November 2, 1920, 
288 votes were cast for contestant and contestee, of which number 222 were 
cast for contestee and 66 for contestant; is this correct?—A. As well as I 
recollect. 

Q. Mr. Hudler, none of the absentee votes had the name of the voter written 
upon the margin or upon the back of the vote?—A. Not to my recollection. 

Q. No challenges were made to these votes?—A. No, sir. 

Q. Each vote was cast without challenge or objection?—A. Yes, sir. 

Q. INIr. Hudler, as registrar of election in your precinct for the election of 
1920, did you honestly, fairly, and justly perform the duties of registrar aud 
hold’the eiection according to the best of your skill and ability?—A. Yes, sir. 

Redirect examination by C. B. Spicer : 

Q. Were you qualified before you entered upon the duties of your office?—A. 
Yes sir. 

Q. Tliose absentee certificates that you have down at your home read like 
this, didn’t they? “To the registrars and judges of election of Chestnut Hill 
Township: I hereby cast my vote for each nominee (of the Democratic or 
Republican party, which ever it was) party to be voted for at the election to 
be held on November 2, 1920,” with their signature to it. didn’t they?—A. As 
well as I recollect. 

Q. That’s the form of the certificates?—A. Yes, sir. 

FLOYD PHIPPS testified as follows: 

Direct examination by C. B. Spicer : 

Q. You were the Republcan judge at the election at Chestnut Hill Township 

on November 2, 1920, were .vou not?— A. Yes, sir. 

Q. How many absentee votes were in that township?—A. About 26 or 

Q. How many Republicans and how many Democrats?—A. One Republican. 

Q. Did anybody vote there that day not on registration hook?—A. Yes, sir. 

Q. Who?—A. W. B. McMillan. « , . 

Q. Was his name placed on the registration hook that day?—A, les, sir. 


656 


CAMPBELL VS. DOUGHTON. 


Q, By whom?—A. By the rejiistrar, ]Mr. Hudler. 

Q. How did he vote?—A. Democratic. 

Q. Did Arch McMillan vote there that day?—A. Yes, sir. 

Q. How did he vote?—A. Democratic. 

Q. Did Wiley Brown vote there that day?—A. I don’t remember for certain. 

Q. Did Ed T. Bare vote?—A. Yes, sir; I think so. 

Q. How did he vote?—A. He voted Democrat; I ain’t positive he voted. 

Q. Did S. I’. Sturgill vote?—A. Yes, sir. 

C}. How did he vote?—A. Democrat. 

Q. Ito you remember any of the names of any person who voted absentee?— 
A. Kemember some of them. 

Q. Give me name of one.—A, ^Martha Miller. 

(^. Where was she?—A. She was at home, sick. 

Q. I mean that lived out of the State.—A. James Roupe. 

Q. He voted Democratic oi- Republican ?—A. Didn’t live out of the State, but 
out temporarily. 

Q. This is the poll book that was kept showing list of the voters who voted 
in your precinct, 1920? 

(Contestee objects for the reason that the book has not been identitied by 
the proper officer of custodian of the record.) 

A. Yes, sir. 

Q. That poll book shows who voted absentee, and who voted in person? Ex¬ 
amine it please and see. 

(Contestee objects to the introduction of any record for the reason that the 
record has not been identified by the legal custodian of said book so intro¬ 
duced. ) 

A. Those that voted present and those tliat voted absentee are not kept sepa¬ 
rate on it. 

Q. Those that voted absentee are not marked as thus voting so that you can 
identify them from those that voted in person, are they?—A. No, sir. 

(Same objection as above by contestee.) 

(Jross-examination by G. L, Park : 

Q. Mr. I’hipps, these absentee votes were oi)ened in the presence of the elec¬ 
tion board for yonr precinct?—A. Yes, sir. 

Q. And there was no challenge made to their voting?—A. No, sir. 

Q. And each of said votes were receive{l and dejmsited and accounted in the 
same manner as if they had been present in person and voted, is that so?—A. 
Yes, sir. 

ALEX HOLMAN testified as follows: 

Direct examination by C. B. SncEii: 

Q. You live in what township?—A. Pine Swamp. 

Q. Did you vote this time?—A. No, sir. 

Q. Why?—A. I registered to in the road election and Ed Trivett registered 
me in Old Fields Township and turned the books over to Jim Houck, and he 
said niy name wasn’t on that and said for me to go to Pine Swamp and tell 
Bill Owen to register me; and I told him and he wrote an oi-der. Said he 
didn’t have no right to register me and said to get transfer. 

Q. Did you go to the registrar in Old Fields Township for transfer?—A. 
Yes, sir. 

Did be <leeline to give it to you?—A. Said my name wasn’t there. 

(j. You presented yourself to the registrar in Pine Swamp?—A. Yes, sir. 

(j. xVnd he declined to register you?—A. Yes, sir. 

Q. Because he said you registered in Old Fields?—A. Yes, sir. 

(j. How would you have voted if you had registered?—A. Republican. 

Cross-examination by G. 1.. Park : 

Q. Yon went to IMr. Owens, registrar in Ifine Swamp Township, and told him 
that you had registered two years ago in tlie Old Fields Township didn’t you?— 
A. Yes, sir. 

Q. Mr. Owens told you that if you had registered in Old Fields you would 
have to get a transfer?—A. Yes, sir. 

Q. You never did get that transfer?—A. He wouldn’t give it to rne. 

Q, Who wouldn’t?—A. Jim Houck. 

(J. You told Houck that you had registered in Old Fields Township?—A. Yes. 
sir. 


CAMPBELL VS. DOUGELTON. 


^57 


Q. It is a further faet that you didn’t have any transfer from Old Fields 
Tovvushii) to Pine Swainj) Township?—A. Yes, sir. 

M. W. PHIPPS testified as follows: 

Direct examination by C. P>. Spicer: 

O. Yliat township do you live in?—A. Chestnut Hill. 

Q. Were you on the j>rounds on election day, November 2, 1920?—A. Yes, sir. 

Did you see any pictures circulating around there on election day? 

(The contestee enters objection to the introduction of any testimony if it is 
the purpose of the contestant by his question to have reference to President 
Hardinj?, which tends to reflect upon the President of the United States or 
upon his blood or lineajje.) 

A. I saw a picture there of Mr. Harding; and colored fellows around him. 

Q. Who had the picture?—A. One of the Pierce boys; don’t know which one. 

Q. What is both their politics?—A. Democrat. 

C,). That was on the election ballot?—A. Yes, sir. 

Q. AVere they circulatinsr amons: the voters there?—A. .lust seen them open 
it out once, and then it disappeared. 

(}. People on the grounds where it was openeil when you saw it?—A. Several 
idiout there. 

Q. You don’t know how many other times it was opened?—A. No. 

Q. That was the only time you saw it?—A. The only time I saw it; all I 
know about it. 

Cross-examination by G. L. Park : 

(}. Mr. Phipps, whose picture was this?—A. I don’t know as I could tell any 
of them, but President Harding seemed to be up in the front; looked to be 
colored people to me. 

Q. All besides President Harding were colored people?—A. All others seemed 
to be dark. I never took any particular notice. 

Q. You mean to say that the background of the picture appeared dark?— 
A. The under ones did. 

Q. You mean to say that the background of the picture appeared dark?— 
A. The faces, as far as I could see, was dark. 

Q. You mean by dark that they were all colored people?—A. I wouldn't say 
they were all niggers; might have been some white people penned in black; 
looked dark to me. 

Q. You mean to say that it was a hand-jienned picture?—A. No; they looked 
to be dark. 

Q. AVas there a picture of Mr. Davis?—A. I never noticed anything about any 
of them ; just noticed Harding’s picture. 

(j. 1 ask you if Mr. AATllis’s picture was on that picture?—A. Might have 
been; I don’t know. 

(The counsel representing the contestant requests of counsel representing the 
contestee if he is trying to leave the inference that Mr. Davis and Mr. AVillis 
were niggers. The counsel for the contestee states that the counsel for the 
contestant knows that no such intimation is intended by counsel for contestee, 
and that his introduction in the record of the matter just above stated is with¬ 
out foundation and unfair. Contestee, through his counsel, further states that 
he does not intend to intimate that Mr. AVillis is colored, but knows of his own 
personal knowledge, and here and now openly avows, that IMr. AVillis is a 
white man of high integrity, noble qualities, he having served with him in 
Congress; that the purpose of the question of contestee, through his counsel, 
was to ascertain whether or not the witness made such investigation of the 
picture referred to by him as to know whose pictures or likenesses were con¬ 
tained in the picture referred to by contestant’s counsel.) 

Q. IVIr, Phipps, you did not carefully examine this picture?—A. No, sir. 

It had no effect upon anybody’s voting that you know of?—A. Not that I 
know of. 

Q. AA'ould you say that Mr. Doughton, the contestee, had anything to do 
with circulating or showing any such picture?—A. Not that I know of. 

Q. AA'ould you say that he did?—A. No; I didn’t say that he did. He had 
nothing to do with it, of my own knowledge. 

Redirect examination by C. B. Spicer : 

Q. Ifld you see the one at Scottsville?—A. No, sir. 

Q. Did you hear of it?—A. Yes, sir. 

57695—21 


42 



658 


CAMPBELL VS. DOUGHTON. 


Q. AVhere was it posted?—A. Been told it was posted on the post offic^ 

Q. That was the same sort of picture you saw, you understood?—A. That 
was what I understood. 

Kecross-examination by G. L. Park : 

il Mr. Phipps, you didn’t know who put that up at Scottsville, do you?— 
A. No, sir. 

(h Democrat or Kepul)]ican?—A. No, sir. 

(i. I will ask you that if eveiy time this question of picture has been raised 
in hivestigation *if it wasn’t raised by contestant’s counsel?—A. I reckon so. 

(}. So now the contestant’s counsel is circulating this picture?—A. He seems 
to he bringing it up here, but circulated before out in the county. 

Iledirect examination by 0. B. Spicer : 

Q. You didn’t hear of the contestee or any of his adherents objecting to the 
circulation and exhibition of this picture of the Harding tree prior to the elec¬ 
tion?—A. No, sir; don’s know as I have. 

liecross-exarnination by Mr. G. L. Park : 

Q. Nor you never heard of the contestee or any of his adherents circulating 
it prior to the election?—A. Well, I heard of one Mr. Dickson having it at 
Nathans Creek a week or two. 

(i. You don’t know it was that?—A. No. You asked if I ever heard of it. 

Iledirect examination by C. B. Spicer: 

Q. You heard of Mr. Dickson having it at Nathans Creek prior to the elec¬ 
tion?—A. Yes, sir. ' 

Q. What’s his politics?—A. Democrat, I think. 

Q. He is brother of the county superintendent of public instruction of Ashe 
County, is he not?—A. Yes, sir. 

(At this time Cleve Miller, registrar of elections for Laurel Township, was 
called for examination. He was duly subpoenaed by the sheriff of Ashe County 
on March 12, 1921, and fails to respond to testify.) 

/ 

J. F. STANLEY testified as follows: 

Direct examination by C. B. Spicer: 

Q. Mr. Stanley, what township do you live in?—A. Laurel Township. 

Q. What position did you hold with reference to the last election held 
November 2, 1920?—A. I was one of the judges of election. 

Q. Republican judge?—A. Yes, sir. 

Q. Is that a Democrat precinct or Republican?—A. Republican. 

Q. What is the ratio of Democrats and Republicans in that precinct?—A. I 
would have to figure a little; the majority was 144 to 42, the way the vote 
stood. Records show. 

Q. About four Republicans to one Democrat?—A. Around that. 

(). Was the illiteracy test applied in that township?—A. Yes, sir; on one 
side. 

Q. On which side?—A. The Republicans stood it, strictly. 

Q. According to personal knowledge that you have and information you have, 
how many Republicans were denied registration on illiteracy test in that 
township ? 

(Contestee objects to the foregoing question, for that it calls for hearsay evi¬ 
dence, which is incompetent.) 

A. Sixty-four. 

Q. You made a personal investigation to see how many?—A. Yes, sir; I made 
personal canvass of the township. 

(). How many Republican women, according to information that you have, 
did not present themselves for registration on account of the severe educa¬ 
tional test applied to Republicans?—A. I don’t know; a few that didn’t vote, a 
few old women. I could mention perhaps one-half or so from memory; have it 
all down. 

Q. How many did you see apply for registration and were refused?—A. Well, 
the first day that I attended the registration there was some four or five or 
six or three or four or something; I don’t remember. The last day I attended 
keiit record; 13 turned down that day—3d of October. I didn’t keep record the 
first. 

Q. These first 13 could read and write?—A. Yes, sir; I kept record. 


CAMPBELL VS. DOUGHTON. 


659 


Q. They were Republicans?—A. All Republicans. 

Q. You know any Democrats in the township that were refused registra¬ 
tion?—A. No, sir. 

4-1 S.' niade investigation of that?—A. Yes, sir; I tried to investigate 

that; don t think anyone in the township wasn’t registered and voted. If there 
w as, I can t find it. The number is not very large, not very hard to canvass; 
good portion of the men already registered. 

Q. Will Graybeal and wife?—A. They were turned down. 

Q. Did they vote?—A. They didn’t vote. Not turned down on illiteracy test; 
turned down because they went over in Virginia last spring and took a contract 
for woodcutting and stayed till about the 1st of September; bark-peeling time 
over. 

Q. Did they offer to take the oath of citizenship?—A. Yes, sir; he offered to 
swear that he hadn’t moved property out of the State, only enough to batch 
on that summer; offered to swear that. 

Q. He was denied right to vote?—A. Yes, sir. 

Q. Did Jesse Davis register and vote?—A. Y"es, sir. 

Q. AVhat is your information about his age? 

(Objection by contestee, for the reason that witness does not and is not 
called upon to describe anything of his knowledge, but to give hearsay and 
incompetent testimony.) 

A. My information from his neighbors was that he lacked five months of being 
21 years old. 

Q. How did he vote?—A. Democrat ticket—State and county, congressional; 
all. The last man to vote in the township. 

Q. Did he register for either draft for the Army selective service?—A. I can 
only say I suppose he did. Don’t know whether he did or not; about the same 
age as my youngest boy, and he i-egistered under the last draft. 

Q. Did Rob Eastridge tender his vote?—A. Yes, sir. 

Q. Was he denied the right to vote?—A. He and his wife. 

Q. On what account?—A. On the ground that he had been in chain gang. 

Q. For what crime had he been sent to the chain gang?—^A. Dealing in 
whisky. 

Q. Why was his wife?—A. She was refused on the illiteracy test, because she 
couldn’t write sufficient to suit the registrar. 

Q. Could she read and write?—A. Yes, sir; does her own writing. While 
Rob was in the chain gang, did her own writing down there, and when she 
wants to send an order to the store writes her own orders and writes her own 
letters. 

Q. Did the feeling run high on account of the severe test administered by the 
registrar?—A. Yes, sir; considerable high feeling in the neighborhood. 

Q. Did this feeling run high on account of the fact that he applied the test 
or on account of the fact that he showed partiality?—A. On account of his 
partiality. 

Q. In favor of the Democrats?—A. Yes, sir. 

Q. Feeling ran so high that he drew about on each registration day three 
Democrats in the township to protect him, didn’t he?—A. I don’t know that 
he did on each registration day, but on part, particularly the last registration, 
day in October. I was informed that he had a crowd that day. The 23d 
of October. 

Q. On the 23d these men that he had there tried to prevent the Republicans 
from getting in?—A. Y'es, sir; didn’t let a Republican in the house. I want to 
correct that, because I went in, but they tried to keep me out. 

Q. You had a fight over it?—A. Amounted, I suppose, to what you would call 
a fight. Two met me* at the door, two jumped on me at the door and tried to 
knock me out, but didn’t tell me to stay out. 

Q. Mr. Stanley, if methods as practiced at the last election should continue, 
what, in your opinion, would it lead to? 

(Objection by contestee for the reason that it calls for the opinion of the 
opinion of the witness and not for facts.) 

A. Well, from observation, my opinion is that it will eventually result in 
anarchy or revolution; don’t know which, but something will happen. 

Q. Did Quincy Davis vote?—A. Yes, sir. 

Q. How did he vote?—A. Democratic ticket. 

Q. Was there any absentee vote in that township?—A. Yes; 4 or 5 or 6. 

Q. You do not know what become of the certificates?—A. No, sir; do not; 
the registrar opened the envelopes and passed in the tickets at 12 o’clock, and 
I suppose he held them and turned them in. 


660 


CAMPBELL VS. DOUGHTON. 


Q. How many Saturdays during tlie registration were you at the polling 
place?—A. I believe three; there was four, 

Q. How many Democratic women presented themselves for registration while 
you were there?—A. None that I remember, 

Q, Were you there all the day?—A, I went early and stayed till late every 
time. The people requested that I he there regular and demanded it of me 
and I couldn’t get out of it. I resigned and tried to get them appoint another 
man, but he wouldn’t accept, so I had to hold on, 

Q. Did the registrar go around and register Democratic women?—A. That 
only from information. I never was with him a Monday away from the polling 
place. 

Q. What’s your information? 

(Contestee objects to the question for the reason that it calls for hearsay 
testimony.) 

A. Mr. Miller, himself, told me that he went to their houses and registered 
them—the registrar; that he went to John Woodie’s and registered his wife 
and John Graybeal’s, and registered his wife and girl. 

Q. All Democrats, are they?—A. All Democrats. He also showed me a 
letter from the chairman of the State executive committee, and also one 
from the attorney general, stating that he had a right to go anywhere in the 
township, day or night, and register them. He showed me a letter like that. 
I didn’t object to it at all, but that was his statement and he showed me the 
letter. 

Cross-examination by G. L. Park : 

Q. Mr. Stanley, you say that there were 64 Republicans, women, who did not 
register?—A. Yes, sir; I didn’t say all women—64 Republicans that didn’t 
register, a man or two among them. 

Q. Most of whom presented themselves and demanded registration?—A. 
That is correct; most all of them; all didn’t do it, 

Q. Could all who presented themselves read and write?—A. No, sir. 

Q. How many could read and write?—A. Well, I couldn’t answer, because I 
don’t know the number exactly. I do not know that 13 women that pre¬ 
sented themselves on the 23d of October wrote out their own requests and 
signed it and took into him. They had been turned down before that and they 
went back on that day. 

Q. Do you swear that Jesse Davis was not 21 years of age on or before 
November the 2d, 1920?—A. No, sir; of my own personal knowledge I couldn’t 
swear that at all; I don’t know it to be a fact. 

Q. Of your own personal knowledge you can not state but that he was not 
21 years old ?—A. I can’t say anything about that; I don’t know. 

Q. Mr. Stanley, you stated in your examination in chief that if conditions 
continued that anarchy would prevail in your township in your opinion?—A. 
Yes, sir, 

Q. You mean to tell the commissioner that you would take up arms and 
fight. Is that it?—A. I didn’t say that nor didn’t mean that. 

Q. You never had any fights in your life?—A. Very few. 

Q. You never did take your gun to run men around up in your country, did 
you, Frank?—A. Yes; I took my gun up there and run some fellows off my 
land once. 

Q. So that spirit of anarchy prevails in your breast and mine. Is that so?— 
A. That’s your statement. 

Q. I am asking you a question ; answer my question.—-A. I can’t do it; I 
can answer it on my part but not yours. 

Q. Why did you impute anarchy to others; what was your reason?—A. The 
solution is this, that men and women if from time to time are deprived of their 
franchise and their privileges the time would come when they would revolt. 

Q. You didn’t advise the registration of anyone, did you?—A. Not as I 
remember of. 

Q. You didn’t advise applicants for registration to demand registration and 
if refused to use a gun?—A. No, sir. 

Q. Or to be refused at the point of a gun?—A. No, sir; I deny that and will 
just keep on denying that; nothing like that. 

Redirect examination by C. B. Spicer: 

Q. You believe in equal protection of the law?—A, Sure. 

Q. To all classes, all parties, and all persons?—A. I believe in equal justice 
before the law for every man, woman, and child in the United States. That’s 
my creed. 


CAMPBELL VS. DOUGHTON. 


661 


Q. Can you base yoni- opinion as to the result that conditions of this sort 
would have-A. The people hasn’t had that. 

Q. As far as elections are concerned?—A. Yes, sir. 

Itecross-examination by G. L. Pakk : 

Q. You mean to say that there has been open violations of the rights of 
citizens by the registrar of elections and other otlicers in conducting the elec¬ 
tions in your precinct?—A. That is just about as near as I could say it. I 
believe that; in fact, I know it. 

Q. Have you sworn out any warrants charging the violator of the law with 
an infraction of the law or the commission of a crime?—A. Yes, sir. 

Q. Then you never resorted to the protection of the law for you?—A. Not 
as yet. . 

Q, And yet you talk of anarchy and force and enforce what you believe to 
be the law?—A. No, sir. 

Q, Why are you talking of resorting to the use of guns when you have not 
invoked the protection of the law?—A. The fact is I haven’t talked of resorting 
'to arms or anything like that on my part. 

Q. You are the only one said anything about anarchy, arn’t you?—A. I don’t 
know whether I am or not. 

Q. You haven’t heard anything about anarchy more than what you said, 
have you?—A. I have heard lots of things out in the country. I probably am 
the first man that has testified that that would be the result If things continued 
as they was. 

Q. You are the first man that has talked about anarchy in this county?—A. 
No, sir. 

Q. Who of your neighbors has been talking about anarchy?—A. I heard a 
crowd of men talking at the dinner table to-day of anarchy. 

Q. Give their names.—A. They were strangers to me. 

Q. Look around and see. Who besides yourself have you heard talking of 
anarchy prevailing in your precinct or in Ashe County?—A. I told you I didn’t 
know anybody. Don’t come down here much and don’t know many faces. 

Q. There was talk of anarchy, wasn’t there?—A. I said there was talk of 
things leading up to anarchy. 

Q. You said they talked of anarchy. 

.T. W. GREER testified as follows: 

Direct examination by C. B. Spicer: 

Q. You voted up there last election?—A. Yes, sir. 

Q. Did you attend the polling place on any of the registration days?—A. 
Yes, sir; on two registration days. 

Q. How many Republican women were denied registration on the days that 
you were there?—A. I can’t say just how many, but in all about 64 turned 
down. 

Q. Any of them could read and write?—A. Yes, sir. 

Q. Were you there the day that the registrar had Bryon Davis, Everett 
Davis, Grady Robinson, Bill Cox, .Tes.«;e Davis, Bob Cox, and others as bailiifs 
or in-otectors?—A. Billy Cox wasn’t there that day; the others were there. I 
don’t know what they were there for, but know they were there. 

Q. Did they keep Republicans out of tlie house where the registrar was 
registering voters?—A. Not that day. 

Q. Were there any Democrat women there that day?—A. Yes, sir; three. 

Q. Were they there to register?—A. Went to register, one of them; don’t know 
what other two there for. 

Q. What did they do while Republican women were there registering?—A. 
They talked a little, first one thing and another, and picked out a verse or two 
for the women to read and write. > 

Q. Did they laugh when Republican women were denied registration?—A. I 
don’t know that they did. 

Q. Did you see c.ny of the women who presented themselves, write and hear 
them read* Republican women?—A. Yes, sir; I seen some several of them. 

Q. How well could they read and write?—A. Could read and write enough till 
anyone could read it. 

Q. They were reading and writing from the Constitution?—A. Yes, sir. 

Q. What do you know about the age of Jesse Davis?—A. Don’t know any¬ 
thing about the age more than what Mrs. Allen said. 

(Contestee objects to the^foregoing question, for the same is hearsay.) 



662 


CAMPBELL VS. DOUGHTON. 


Q. What (lid Mrs. Allen tell you about his age?—A. She never told me any¬ 
thing about the age; Rufus Jones told me; Rufus said she said she’d swear 
he was five months under registering age. 

(Contestee objects to the foregoing testimony, ])ecause it was hearsay.) 

Cross-examination by G. L. Pakk ; 

Q. Why did you go to the polling place on registration days?—A. Just be¬ 
cause I wanted to go. 

Q. You were not the registrar?—A. No, sir. 

Q. You were not the judge of election?—A. No, sir. 

Q. You had already registered?—A. I had. 

Q. I will ask you if your purpose of going there wasn’t to compel the registra¬ 
tion of people?—A. No, sir. I never tried to compel him to register anybody 
at all. 

Q. Can you give me your reason for going?—A. Just because I wanted to go, 
was all. 

Q. Y^ou say there was 64 women turned down?—A. Yes, sir; thats what 
I named. 

Q. Out of those 64 all of them could read and write or not?—A. No, sir; all 
of them couldn’t read and write. 

Mrs. PRIOR SEXTON testified as follows: 

Direct examination by C. B. Spicer: 

Q. Mrs. Saxton, you live in Pine Creek Township?—A. Y'es, sir. 

Q. Did you present yourself for registration in that township?—A. Yes, sir. 

Q. Did you register?—A. No, sir. 

Q. Why didn’t you register?—A. Well, they give me so much of the clause 
of the Constitution to read and I read what he give me, but the last word, 
and he said I didn’t pronounce it right and others said I did. 

Q. What was the word?—A. I pronounced it recognized and he said re-cog’- 
nized. 

Q. Did you write?—A. He never called on me to write. 

Q. How would you have voted if you had registered?—A. Republican ticket 
straight through. 

Q. That’s Republican precinct, isn’t it?—A. I don’t know what you might call 
it; some Republicans and some Democrats. 

Cross-examination by G. L. Park : 

Q. You read the newspapers?—A. Read some in them. 

Q. Who were you going to vote for for United States Senator in this State?— 
I just was going to vote; couldn’t register and never paid much attention to 
who was running in particular. 

Q. Who were you going to vote for for governor?—A. I just aimed to call for 
a set of Republican tickets and vote them. 

Q. Who were you going to vote for for State Senator?—A. For the Republican. 

Q. Who were you going to vote for for elector for your district?—A. I was 
going to vote straight for Harding. 

Q. You were just going to have his name on your ticket?—A. Going to vote 
for him for President. 

Q. You were going to vote a ticket with Mr. Harding’s name?—A. Yes, sir; I 
was going to vote for Mr. Harding. 

J. P. SEXTON testified as follows: 

Direct examination by C. B. Spicer : 

Q. Y'ou are the husband of Mrs, Sexton?—A, Certainly. 

Q. Were you present when your wife presented herself for registration?—A. 
Sure. 

Q. She was turned down?—A. Yes, sir. 

Q. For what reason?—A. On account of her not reading a clause of the 
Constitution, so the register said. 

Q, Did she read the clause?—A. Sure. 

Q. What was it?—A. The difference that he made was in the pronunciation 
of the last word in the clause. She pronounced it recognized, and he jerked 
the book from her hand and said re-cog'-nized. 

Q. That was in Piney Creek Township?—A. l^'es, sir. 

Q. Strong Republican Township?—A. l^es, sir. ' 


CAMPBELL VS. DOUGtITON. 


663 


Cross-examination by G. L. Park : 

Q. Yon are not an officer, are you?—A. No, sir. 

Q. Have you been servings any summons?—Yes, sir. 

Q. Who did you serve on?—A. I taken a summons to Mrs. Gille.v from the 
order of Henry Gentry. 

Q. Henry Gentry not an officer, is lie?—A. Couldn’t tell you; lie brought the 
subpoena to me and read it to my wife; told me to take it to Mrs. Gilley and 
read it to her; so I did so. 

Q. Pursuant to tfie service by you of this process, you lirought this woman up 
here, Mrs. Gilley?—A. On account of my taking the paper up there she come up 
here; I didn’t bring her, 

Q. Didn’t she tell you after she got here, after she got up here, that you had 
brought her up here?—A. I disremember how she said that, but told her I 
didn’t tell her to come. 

Q. l’'ou have been officious and aiding the contestant in tlie prosecution of his 
contest in this county?-—A. Nothing more than what I did yesterday morning. 

Q. Did you tell this woman that you had been deputized to summon her?— 
A. I disremember whether I said I was deputized or whether I was told, 

(Counsel for contestant turned, facing contestee and his counsel and said, 
“Are you iiooting for the sheriff, too?’’ Counsel for contestee asked for the 
foregoing to be entered and read into the record. Counsel for contestant again 
turned to contestee and his counsel and said, “Are you booting for the sheriff 
for fees?’’ To which counsel for contestee replied “No.” Whereupon counsel 
for contestant stated in open hearing that he had a witness who had tendered 
subpoena to the sheriff and the sheriff had declined to serve the same, saying 
that the contestant already had too many witnesses. The statement read in 
the record by counsel for contestant tends to impeach the sheriff, without 
offering testimony to make proof of his assertion.) 

AMBROSE CLARK testified as follows: 

Direct examination by C. B. Spicer : 

Q. What townsliip do you live in?—A. Horse Creek. 

Q. Did you send some subpoenas to Mr. Hampton, the sheriff, to be served in 
this hearing?—A. Yes, sir. 

Q. How did you send them?—A. By my son. 

Q. What is his name?—A. Russel Clark. 

Q. Were they served by the sheriff?—A. No, sir. 

Q. What did your son tell you that the sheriff told him? 

(Objec'tion by contestee for the reason that question calls for hearsay testi¬ 
mony, purely.) 

A, He said that Mr. Hampton said he didn’t have time, and he already had 
enough witnesses for them now to win, or something to that amount; that’s 
about the information he brought back. 

Cross-examination by G. L. Park: 

Q. Did you know whether your son had the fees?—A. I didn’t send any fees 
at all. 

Q. Who summoned you?—A. T accepted service of tin* summons. 

HENRY MILLER testified as follows: 

Direct examination b.v C. B. Spicer: 

Q. You-were the register of elections in what precinct?—A. Clifton. 

Q. When did you return the registration and poll books for that township?— 
A. March the 15th, 1921. 

Q. To-day?—A. Y^es, sir. 

Q. Did you apply the illiteracy test in Clifton Township?—A. Yes, sir; to 
all that I didn’t kmnv personally. 

Q. To all you didn’t know personally?—A. Yes, sir. 

Q. You registered Caroline McMillan, did you not?—A. Yes, sir. 

Q. Did you know her personally?—A. Yes, sir, 

Q. You didn’t apply the illiteracy test to her, did you?—A. No, sir. 

Q. She was a Democrat, wasn’t she?—A. I don’t know. 

Q. How did she vote?—A. I don’t know. 

Q. You know Rachel Hartsog?—A. Yes, sir. 

Q. You knew her personally?—A. Y^es, sir. 


GG4 


CAMPBELL VS. DOUGHTON. 


Q. You didn’t apply the illiteracy test to her. did you?—A. I don’t think I did. 
(}. You know Alice Kiddle?—A. Yes, sir. 

(}. You know her personally?—A. Yes. 

Q. You didn’t apply the illiteracy test to her, did you?—A. Yes. 

Q. Y^ou know Lizzie Neaves?—A. Yes. 
tL Y"ou know her personally?—A. Y^es, 

You didn’t apply the illiteracy test to her?—A. Yes, sir. 

(). She read and wrote the constitution?—A. Part of it, 

Q. Where did you register?—A. At her home. 

Q. Night or daytime?—A. Night, 

Q, Phnma Jenkins; did you know her?—A. Yes, sir. 

Q. You registered her?-—A. Y"es, sir. 

(}. You knew her personally?—A. Y^es. 

Q. Did you apply the illiteracy test to her?—A. No, sir. 

Q. Mrs. Clementine Faircloth; did you register her?—A. Yes, sir. 

Q. You registered Mrs. .Jenkins at home at night?—A. Yes; daytime. 

Q. ]\Irs. Clementine PYaircloth; you registered her at home?—A. Yes. 

(}. You applied the literacy test’?—A. Yes, sir. 

Q. Did she read and write the constitution?—A. Well, she—no, sir; she 
didn’t read and write; she read some in the Bible, had some writing there; 
wrote some other writing, 

Q. M’hat other writing did she write while you were present?—A. Her name 
and address. 

Q. Didn’t write any of the constitution?—A. No, sir. 

Q. PYinnie Duvall; did you register her?—A. I think I did. 

Q. Did you ariply the literacy test to her?—A. Yes, sir. 

Q. YY)u' registered her at home?—A. No, .Mr; registered up thei'e near 
Wright’s. 

Q. Met her in the road?—A. No, sir; at work there, stripping cane; went 
down in there to register. 

Q. Sallie Kern]); did you register her?—A. Yes, sir. 

Q. Did you apply the illiteracy test to her?—A. Y"es, sir. 

Q. Did she read and write’?—A. Y'es, sir. 

Q. The constitution?—A. I think so; yes. 

Q. She read and wrote the constitution?—A. Y"es; what I demanded of her. 
Q. And Dennie Hartsog the same?—A. I don’t remember that I did. 

Q. Dora Rose?—A. Y^es; I applied it to her. 

Q. You registered Mrs. Faircloth along the last days of the registering?— 
A. Went up there and registered her at the same time I registered J. W. 
Eller's wife and other Republicans. 

Q. Dennie Hartsog; you registered her along the last of the registration, 
didn’t you?—A, I don’t remember. 

Q. You registered Mrs. Carolina IMcMillan the trip you went up Mill Creek?— 
A. Yes, 

Q. That was the last of registering period?—A. I don’t know during what 
time the books were open. 

Q. Wasn’t first weeks of registering?—A. No, sir. 

Q. Did R. Jj. AVoodie present himself to you for registration?—A. Y"es, sir. 

Q. At the polling place’?—A. No, sir. 

Q. Where?—A. Public road. 

Q. In the public road?—A. Y"es. 

Q. Did you ask him to read and write?—A. Yes. 

Q. He did read and write’?—A. No, sir. 

Q. Can’t read and write at all’?—A. No, sir; not intelligently at all. 

Q. What do you mean’?—A. AVhen he read he would ?f)ell along and mis- 
lironounce the ^^'ords; tried to write and printed. 

He’s Republican?—A. I don’t know. 

Q. AY)u didn’t know at the time?—A. Well, no. 

(}. Didn’t have any information of his politics at all?—A. Suppose he was 
Republican by the people that was with him. 

Q. Bessie Ward present herself?—A. I don’t know; didn’t know her at the 
time if she did. 

Q. Rufus Wood’?—A. Yes, sir, 

Q. Did you register him’?—A. Several of them AVoods boys; one presented 
himself and failed. Suppose he was Rufus. 

Q. Why did you decline to register him?—A. Couldn’t Write. 

Q. Did he read’?—A. No; couldn’t read his own writing. 


CAMPBELL VS. DOUGHTON. 


665 


Q. He (lid write?—A. I have a copy of it. 

Q. He was Republican V—A. Yes, sir. 

Q. Mrs. .Tohn Riley, did you register her?—A. I don't know her. 

Q. You know John Riley up there'?—-A. No, sir; I do not. 

(i. Don’t you know, as a matter of fact, that you put her name on the 
registration hooks and then erased it?—A. What was her name? 

C^. John Riley’s wife.—A. I don’t know what John Riley’s wife is. 

Q. Did you register .Tohn Martin’s wife?—A. No, sir; she presented herself 
f<»r registration. Got Miss .Jean Harding to forge scmie writing for her and 
she presented it. 

Q. You registered her'?—A. Yes, sir; I registered. 

Q. You latei' erased her name from the hooks?—A. I put her name on the 
book and just as soon as I examined the writing I called for her; slie was 
gone; took it off that day. 

Q. Mr. Riley or Martin come down to see you about that on challenge day?— 
A. If he did, he didn’t tell any husim^ss. 

(.}. I will ask you if he didn’t come down there on challenge day and ask 
you if you had stricken his wife’s name off the book, and told you that you 
had made mistake, that she was going to vote the Democratic ticket, and that 
if you didn’t get Jim iMcMillan to follow him hack up the road to see if he 
wouldn’t let you go up there and register her on challenge day?—A. No, sir; 
I sent her word that if she would come down there and show me she could 
write I would put her name on book. 

Q. John Martin is Republican?—A. I don’t know. 

Q. What is your information?—A. Is that they are Republicans. 

Q. How many Republican women did you turn down in that township who 
pre.sented themselves for registration?—A. I don’t know how many; several. 

Q. How many Democrat women did you turn down who presented them¬ 
selves for registration?—A. One, I think. 

Q. One?—A. Yes, sir. 

Q. Who was she?—A. Comfort Miller. Was at her place and asked her if 
she wanted to register. She said no, she couldn’t read and write. 

Q. How many Democrat women presented themselves at the polling place 
to register in that township?—A, There was one that I learned after she regis¬ 
tered that she was Democrat. 

Q. That was all?—A. All that I know of; yes. 

Q. You registeiHxl all the remainder at home?—A. Yes, sir; and the ma¬ 
jority of the Republicans at home, at my place where I lived. 

Q.'How many Republicans did you register away from the polling place?—A. 
Nearly all except those who lived near the polling place. 

Q. Give me the names of some of them please, sir.—A, Ina Reedy, Ethel 
Reedy, Luvina Sharpe, Victoria IMiller, and IMiss Woods, Mrs. D. G. Shepherd, 
Lina Gadd, Ettie Eastridge, Mrs. J, W. Graybeal, Berlie Miller, Bertie IMiller, 
Patsy Davis, Ettie Davis, and others. 

Q.'That’s all you remember now, is it?—A. I might think of some more. 

q'. You think of some more?—A. Yes, sir; there are others. 

Q. About how many more would you say?—A. I couldn’t tell you, several. 

Q. That’s a large precinct?—A. Yes, sir. 

Q. All of these Republicans whose names you have mentioned could read 
ami write?—A. Yes, sir. 

Q, Y(m put the test to all of them?—A. Yes; part of them—part T didn’t. 
Registered folks and didn’t put the test to them. AVent to their home. 

Q. Mrs. Alf Green i)resented her ticket to vote that day?—A. Yes, sii-. 

Q. And she was denied?—A. Yes, sir. 

Q. She was Republican?—A. I don’t know. 

Q. Didn’t she present Republican ticket?—A. I didn’t .‘^iee inside. 

O. You understood she was a Republican?—A. Yes, sir. 

Q. She Lved u]) there all her life?—A. I don’t know. 

Q. Isn’t that your information?—A. That’s what some of her folks said. 

Q. AVho was Republican judge?—A. David Eller. 

Q. He insisted that she vote?—A. AA"e decided before we opened the polls 
that Avery Ashley, IMr. AA’ill Rhodes, and this lady that you mentioned—that 
th(‘v wasn’t entitled to vote. 

Q. Will Rhodes: how long has he lived at AA\arrensville?—A. I d<m’t know. 

Q. fl's name is on the registration books? A. No. sir. 

Q. Did you take it off?—A. No, sir. 

Q. Know who did?—A. No, sir. 


666 


CAMPBELL VS. DOUGHTON. 


Q. How ninny alisentee Aotes were east?—A. Don’t know exactly how 
many—15 or 20, may lie more. 

Q. Did you preseiwe tlie certificates?—A. No, sir; not after examination. 

Q. What became of those certificates?—A. Dropped tliem on floor; after¬ 
wards burned them. 

Q. Yon didn’t preserye the ballots of tliose who yoted absentee?—A. No, sir. 

Q. Where are the ballot boxes down there in which all congressional tickets 
were cast?—A. I don’t know where it is at. 

Q. What did yon do with it after polls closed and counted out?—A. I think 
we left them in the school building. 

Q. Didn’t seal them up?—A. No, sir; that’s after the count out. 

Q. Do you know where K. L. Woodie is now?—^A. No, sir; T don’t. My infor¬ 
mation is that he is about Smethport. • 

Q. Those certificates—all those absentee yoters yoted on certificates?—A. 
Yes, sir. 

Q. That certificate read like this: “ To the registrars and .judges of election 

at Clifton precinct: I hereby cast my yote for each nominee of the-party 

yoted for at the election to be held on November 2, 1920”?—A. Yes, sir. 

Q. All had this certificate certifying that they would hereby cast their tick¬ 
ets?—A. Not with certificate from doctor. 

Q. Those that were in the county?—A. Some of them. 

Q. Certificates from doctor?—A. Yes; they made affidavit before magistrate. 

Q. In many instances the only thing in envelope when you opened it was a 
ticket or tickets and a doctor’s certificate that the person was too unwell to 
attend the election. 

Cross-examination by G. L. Paek : 

Q. Accompanyin.g these certificates of absentee voters there were also inclosed 
in the envelope tickets which the absentee voter was casting, were they not?— 
A. Yes, sir; ticket inclosed. 

Q. In all?—A. Yes, sir; in all. 

Q. Did any of the tickets bear the name of indorser on the margin of the 
ticket or on the back of the ticket of the voter?—A. No, sir. 

Q. With reference to the sick voter, did you say that they did not contain a 
certificate that they were casting their vote for Democrat or Republican?—A. 
Part on both sides did not. 

Q. Which would you say there were the most of?—A. I couldn’t say. 

Q. But all of the sick-list tickets were accompanied either with a doctor’s 
certificate or an affidavit made before some officer qualified to administer the 
oath?—A. Yes, sir. 

Q.’ Mr. Spicer asked you about Will Rhodes; now I will ask you if Will does 
not live in Walnut Hill Township?—A. Don’t know. 

Q. Why was his vote not cast; why did you and the .iud.ges agree that he was 
not legally entitled to a vote?—A. Because his family resides in Virginia—has a 
wife in Virginia. 

Q. How long have they been in Virginia?—A. I couldn’t say. 

Q. About how long?—A. ]\Iy information is several years. 

Q. Now you stated that where you knew the applicants personally you did 
not at all times require the educational test. Now I will ask you if you meant 
by that that if you knew the applicant could read and write that you did not 
require such applicant to read and write, then, before you?^—A. No, sir; I 
didn’t require them; that’s the reason. 

Q. Did you require all applicants whom you did not know could read and 
write to satisfy you or for you?—A. Yes, sir. 

Q. Y^ou state in your direct examination that you turned down one Democrat 
woman because she could not read and write?—A. Yes, sir. 

Q. Now, I will ask you if the reason why there were not more turned down 
was that the Democrat women knew that you were applying the educational 
test and that they did not make application for registration?—A. Yes, sir. 

Q. Were there Democrat women in your precinct who did not apply and who 
were not registered ?—A. Yes ; several didn’t apply. 

Q. Now, iMr. Miller, on yesterday the register of deeds stated that all regis¬ 
tration books and poll books for the various townships had been returned into 
his office except the registration and poll books of Clifton Township; will you 
now state wliy you did not return your books before to-day?—A. When the 
people got through voting we had to move some little distance to a school 
building for room for others to help us count out, and forgot the register at 








CAMPBELL VS. DOUGHTON. 


667 


the place where we voted after the count out, missed my register, and told 
Mr. M. A. Gilley to go back that night and get it and take it home with him 
and to bring it to me, and so he failed to bring it until he moved to my place 
some time afterwards, was why I didn’t bring it immediately on the day of 
count out up here. Since that time it was neglected. 

Q. Did you return to-day both of the poll books?—A. Just had one, the other 
at Clifton in care of C. S. Eastridge. 

Q. Mr. Eastridge is Republican?—A. Yes, sir. 

Q. And a good man?—A. Yes, sir. 

Q. Thoroughly honorable and would not change the poll books, would he?— 
A. No, sir. 

Q. No erasures have been made or additional names added upon the registra¬ 
tion book and polling book which you have returned?—rA. No, sir. 

Q. Mr. Miller, as registrar in your precinct for the election of 1920 and as 
election officer, I will ask you if you have and did honestly and faithfully per¬ 
form your duties as such officer to the best of your skill and ability?—A. 
Yes, sir. 

Q. I will ask you if when you went away from your home to register voters 
if you registered Democrats and Republicans—A. Yes, sir; and called at Re¬ 
publicans and they registered, and refused to register sometimes. 

Q. I will ask you if you made any special trips to register Republicans, 
women?—A. Yes, sir; made one special trip after night to register Mr. David 
Welch’s wife. 

Q. I will ask you if you applied the educational test alike to both Democrats 
and Republicans?—A. Yes; if I didn’t know them. 

Q. Unless you knew that the applicants could read and write you required 
the same test of reading and writing of Democrats that you did of Repub¬ 
licans? 

Redirect examination by C. B. Spicer : 

Q. Will Rhodes and his wife were separated, not living together?—A. That’s 
my information. 

Q. Been separated for several years?—A. Don’t know how long. 

Mr. MILLER, recalled, testified as follows: 

Direct examination by G. L. Park : 

Q, Mr. Miller, in your direct examination you said that you and the judges 
agreed before the polls were opened that Will Rhodes, Avery Ashley, and 
Alfa Queen were not entitled to vote: now I will ask you if this agreement 
was unanimous and concurred in by the Republicans?—A. I will have to give 
some information. We was talking about Mr. Rhodes. I said he couldn’t vote; 
that his family wasn’t with him; and some one mentioned that Avery Ashley 
was in the same standing. Democrat, and I suggested that we let Avery Ashley, 
Democrat, vote, and Miss Queen, and Mr. Eller says, “ No ”; if not legal, let 
none vote; I says good enough. 

Cross-examination by C. B. Spicer : 

Q. You objected to Will Rhodes voting?—A. Yes, sir. 

Q. But INIr. Eller said all were entitled to vote?—A. Said he wanted fair 
thing. 

Q. You said you wouldn’t allow Will Rhodes to vote?—A. No; I said Will 
Rhodes couldn’t vote; was illegal. 

Q. Avery Ashland, Democrat?—A. Yes, sir. 

Q. Will Rhodes, Republican?—A. Yes, sir. 

Q. Alfa Queen, Republican?—A. Yes. 

DAVID ELLER testified as follows: 

Direct examination by C. B, Spicer. 

Q. What township are you from?—A. Clifton. 

Q. What position did you hold with reference to election up there last elec¬ 
tion?—A. I was Republican poll holder. 

Q. Did Carolina McMillan vote?—A. Yes, sir. 

Q. How did she vote?—A. Said ticket was Democratic. 

Q. Rachel Hartsog, did she vote?—A. Yes, sir. 

Q. How did she vote?—A. Same way. 

Q. Emma .Jenkins?—A. Yes, sir. 


668 


CAMPBKLI. VS. DOUGHTON. 


Q. Deniie Hartsog?—A. I couldn’t tell how she voted, voted as ahsentee, I 
think she voted Democrat. 

(}. Of Democrat family?—A. Yes, sir. 

(}. INIr. INIiller, your registrar testified to an agreement that you and lie and 
the Democrat .iudge had with reference to Will Ilhodes about ^Irs. Afa Queen 
and Avery Ashley voting. Did you agree that Will Rhodes and IMrs. Queen 
should not vote?—A. No, sir. 

Q. What was said about their voting?—A. Well, I contended that they all 
three had right to vote, and he contended that neither one had right hut Avery 
Ashley and Alfa Queen to vote, and the way that I understood that all was in 
the same shape in regnrd to citizenship, and I told him that if one voted all 
should vote and if one ilidn’t none ought to vote; that was the agreement. 

Q. How long has Will Rhodes been a citizen of that township?—A. I helped 
hold about three elections and he has been turned down during all three of them 
elections that I have helped hold. 

Q. He and his wife were separated?—A. Yes, sir; that was report. 

Q. And she is out of the State?—A. Yes. 

Q. IMrs. Queen is in same condition, except her husband is out of the State?— 
A. That’s the report. 

Q. Lived there all her life?—A. If she has ever been out of the county I don’t 
know it. 

Q. Were there ahsentee votes in that township?—^A. Yes, sir. 

Q. How many al)sentee votes were there?—A. I couldn’t tell exactly, must 
have been somewhere between 20 and 25. 

Q. What was the proportion, Democrats and Repul)licans?—A. As many as 
two to one Democrats. 

Q. The illiterncy test was applied in that township?—A. Tt was my under¬ 
standing, I couldn’t tell you, I saw two ladies registered. 

Q. According to information you have how many Re]ml)licans were denied the 
right to register in Clifton Township on account of their educational test? 

(Contestee objects to the foregoing question for that it calls for hearsay testi¬ 
mony.) 

A. Eighty-five was the report. 

Q. How many Democrats, according to information you have, did not regis¬ 
ter?—A. Fifteen. 

Q. Two years ago, how did Clifton Township go. Democratic or Republican?— 
A. I didn’t i)Ositively know myself. 

Q. What’s your information?—A. IMy information was it went Republican 
about 16 to 17 for the sheriff. I believe. 

Q. How did it go this time?—A. I believe it went ,36 to 37 Democrat for the 
sheriff, to the best of my recollection. I won’t he positive. 

Q. Did Lafayette .Tones vote?—A. No, sir. 

Q. R. E. .Johnson vote?—A. T don’t know that man, T couldn’t tell you. 

Q. How many .Tohnsons voted in that township?—A. Several of them, I don’t 
know many. 

Q. .T. M. Richardson, did he vote?—A. No, sir. 

Q. T. L. Richardson?—A. Yes, sir. 

Q. How did he vote?—A. Republican. 

Q. W. O. Sapp, did he vote?—A. Yes, sir. 

Q. How did he vote?—A. Democrat. 

Q. .T. S. Sapp, did he vote?—A. Yes, sir. 

Q How did he vote?—A Democrat, State ticket, that was because I attended 
to it. T knew. 

O. David Shaw, did he vote?—A. No, sir, 

Q. .T. E. Sutherland, did he vote?—A. T just don’t know the man by his ini¬ 
tials. I couldn’t tell you. 

Cross-examination by G. L. Pa7?k : 

Q. ]Mr. Eller, the statement of your agreement with the registrar and Demo¬ 
cratic judae with reference to not allowing Mrs. Queen, Will Rhodes, and 
Avery Ashley, was correct that you all agreed if any of them couldn’t vote 
they all couldn’t vote?—A. Yes, sir; T told them if one couldn’t vote for none 
to vote. 

0. iNTr. Spicer asked you about IMrs. Queen and Mr, Rhodes, but he didn’t 
ask you about Avery Ashley?—A. Not that T remember of. 

Q. Avery Ashley lived in Ashe County all his life?—A. As far as I know. 

Q. There was no challenge of the ahsentee votes was there?—A. No, sir. 


CAMPBELL VS. DOUGHTON. 


669 


Q. All voted by coiiiinoii consent of all tlie judges?—A. Yes, sir; if any 
challenged, I wasn’t there. 

i}. Mr. Miller has not been youi- registrar np there for the past three elec¬ 
tions, has he, all the time?—A. No, sir. 

Q. Just the last one election?—Two, I think, was my understanding. 

Q. And Rhodes has not been permitted to vote by the election boards of your 
township for the i)ast three years since you have been judge?—A. No, sir. 

You stated in your direct examination that there were 85 Republicans who 
did not vote in your township?—A. Just as it was reported; I wouldn’t say 
that many positive. 

Q. And that there were about 15 Democrats who did not vote?—A. That’s 
the report; wouldn’t say it’s correct at all. 

Q. You didn’t mean to say, Mr. Miller, that all 85 of those women, who were 
reputed to be Republicans, presented themselves to register?—A. No, sir; I did 
not. 

Q. And you wouldn’t say that a single one of them was able to stand the 
educational test, would you?—A. There is two of them women that I know of 
that can write their name, but I don’t know any further than that. 

Q. Do you know that these two presented themselves for registration?—A. 
They tohl me they did. 

Q. And these 15 Democratic women, do you know whether or not they pre¬ 
sented themselves?—A. No, sir; I do not. 

Q. And do you know whether or not they could stand the educational test?— 
A. No, sir; I don’t know that. 

Q. You know the general character of Henry Miller, the registrar?—A. I 
know it since he has been in our country. 

Q. What is it?—A. In regard to truth and honesty it’s good. 

Redirect examination by C. B. Spicer ; 

Q. What’s his general reputation as election official?—A. Some claims that 
he didn’t give a square deal and others say that he did; couldn’t say unless it 
was tested out to tinish. 

I. N. HUDLER, recalled by contestee, testified as follows: 

Examination by G. L. Park ; 

Q. Mr. Hudler, you stated in your examination this morning that you were' 
register of election in Chestnut Hill Township?—A. Yes, sir. 

Q. Mr. Floyd I’hipps, the Republican judge of your township, testified this 
morning that there was one voter whose name was placed upon the registration 
books of your township on the day of election.—A. Yes, sir. 

Q. Now, I will ask you to explain how and why that name was placed upon 
the book?—A. That was Willie McMillan, and we had failed to put his name 
on, and they went after him to bring him to vote, and when he come up there 
to hand in certificate and when we got to looking his name wasn’t on there, 
and we consulted together and we agreed that we put his name on to vote, 
and we done so. 

Q. Had he ever been registered before?—A. Y"^es, sir; voted there and his poll 
tax paid. 

Q. How did this Mr. McAIillan vote?—A. Voted, as well as I understand, about 
half in half. Partly Democrat and partly Republican. 

Q. What age man was he?—A. Just a boy like, registered for war service. 

Q. One of the soldiers who was drafted?—A. Yes, sir. 

Q. And his name had not been placed on your book?—A. No, sir; wasn’t on it. 

Q. And by consent of both the Democrat and Republican judges his name 
was place<l on book?—A. Yes, sir. 

Cross-examination by C. B. Spicer : 

Q. He had not registered before you?—A. No; Squire Gambill registered 
him, T reckon. 

Q. Who was Squire Gambill?—A. Chairman of the county board of elections. 

Q. He had not certified to the name of Mr. McMillan to you as registrar?— 
A. Yes; we had his name on the poll books. 

Q. He had never sent a certificate to you showing that he had registered him 
as chairman of the election-A. Yes; I reckon he had. 

Q. Have you that certificate with you?—A. No, sir; I have not. 

Q. If he had certified that to you why hadn’t you put his name on it before 
that?—A. We just neglected that. 



670 


CAMPBELL VS. DOUGHTON. 


Q. Had yon the certificate there on election day?—A. No, sir. 

Q. Where was it?—A. I don’t know where. 

Q. Had you ever received any such certificate?—A. Squire Gainbill said 
he had registered him. 

Q. Had he sent you certificate?—A. No; I don’t think he had. 

Redirect examination by G. L. Paek : 

Q. Do you know whether he voted in the election of 1918?—A. I don’t recol¬ 
lect. 

FRANK WOODS testified as follows: 

Direct examination by C. B. Spicer : 

Q. Where do you live?—A. In Clifton Township. 

Q. Kelley Woods your brother?—A. Yes, sir. 

Q. Where is Kelley Woods now?—A. Forget. Went off somewhere for ex¬ 
amination by the Government. 

Q. Did you have a conversation with Kelley Woods with reference to coming 
to .Tefferson and seeing a picture of ]Mr. Harding surrounded by a group of 
niggers just prior to last election? 

(The contestee objects to the foregoing questions for the reason, first, that 
the question calls for hearsay testimony which is incom])etent; second, that 
the contestee objects to the introduction of any statement or testimony which 
tends or would tend to reflect upon the President of the United States.) 

A. Yes, sir. He told me that two fellows brought him up there and showed 
him picture. Wouldn’t tell who it was. Said that one nigger was running 
for Republican office and that the Democrat Party hU'd stole his vote. 

Q. Do you know who it was brought him up here?—A. No, sir. 

Q. Was anyone else in your community brought up here?—A. That’s all I 
know. 

Q. Any information about who brought him up here?—A. No, sir; I didn’t 
know. 

Q. Have you any information?—A. I couldn’t, don’t know who it was brought 
him. 

Q. Did you ever hear who brought him? 

(Contestee enters objection for the reason that witness has stated at least 
three times that he did not know who brought Kelley Woods to Jefferson.) 

A. No; don’t believe I ever did. 

Q. How did he vote?—A. A'oted Democrat ticket straight he told me. 

Q. What had been his politics?—A. Republican; always had been. 

Q. You know of anybody else down there being brought up here?—A. No, sir. 

Q. Hear of anybody else?—A. No, sir. 

Cross-examination by G. L. Park : 

Q. You don’t know a thing in the world about who it was that brought your 
brother?—A. No. sir; I asked him and he wouldn’t tell me. 

Q. Didn’t know what the politics of the fellows were?—A. No, sir. 


JESSE GOSS testified as follows: 

Direct examination by C. B. Spicer: 

Q. You were register of elections for what township at last election?—A. 
Horse Creek. 

Q. Did you apply the illiteracy test in your township?—A. Yes, sir. 

Q. To all?—A. Yes, sir; everyone thats on the books that I know of. 

Q. Every person thats on the books can read and write?—A. The first Satur¬ 
day I just required them to write their names and read. I think there waN 
47 registered that day to the best of my knowleilge. 

Q. You applied the illiteracy test to all alike?—A. Yes, sir. 

Q. Did you get a letter telling you to apply the illiteracy test in that town¬ 
ship?—A. Yes, sir. 

Q. Who was it from?—A. Got a letter from Mr. Austin. 

Q. Mr. Austin was Democratic county chairman, was he not?—A. Yes, sir; 
also got a letter from the State board of election that it was required of the 
women as well as the men. 

Q. How many Democrats did you turn down in Horse Creek Township?—A. 
I think from 30 to 40 Democrats, best I know. 


CAMPBELL VS. DOUGHTON. 


671 


Q. Will you give me the names of a few please?—A. Yes, sir; Callie Eldreth’s 
wife and mother-in-law and Elihu Ham’s wife, Elizabeth Ham, IMack Perry’s 
wife, Wiley Hurley’s wife and girl, Mary D. Barker, Cressie Brown, Sarah 
Jane Davis. 

Q. You did register Mary Jane Davis?—A. I don’t think that there is any 
Mary Jane Davis. 

Q. You registered Zilla Perry?—A. Yes, sir. 

Q. She read and write?—A. Yes, sir; had Miss Hattie Ham helping me to 
register. 

Q. Lizzie Lawson?—A. Yes, sir. 

Q. Martha Roten?—A. Yes, sir. 

Q. You didn’t qualify Mrs. Roten?—A. No, sir; Miss Hattie Ham registered 
her. 

Q. How many more in the townsliip did Hattie Ham register?—A. That’s all. 

(i. Arthur Rose assisted you some, too, didn’t he?—A. None in registering. 

Q. Didn’t he register any you didn’t qualify?—A. No, sir. 

(}. Coy Hinson, did he assist you any?—A. Not a hit. 

Q. There wasn’t any registered u]) there that you didn’t qualify except 
.Martha Roten?—A. That \yas the only one. 

Q. I.ockie Wallace, you didn’t register her?—A. No, sir; tried to register 
about the time hooks were closed. 

Q. She was there the last evening?—A. That was the evening; lived in sight; 
came in and was writing in the presence of Miss Hattie. 

Q. Mrs. Lockie Wallace didn’t tinish up her writing until you claimed the 
books closed?—A. I suppose so; it was after sundown. 

Q. You registered Maude Ham that evening as she went home?—A. No, sir. 

Q. Lockie Wallace could read and write?—A. I don’t know whether she could 
or not. 

Q. Slie’s Republican?—A. I reckon she is. 

Q. Arf IMiller, did she present herself for registration?—A. I don’t know all 
them Miller women, 

Q. What part of the reading and writing did she not do to your satisfaction?— 
A. Never got through the section that she commenced. 

Q. Did you require her to write all the section?—A. Yes, sir; required them 
to write sections. 

Q. l*olly Miller, she could read and write?—A. She said she couldn't. 

Q. She had her arm broken?—A. She claimed, I don’t know whether Miss 
Miller claimed she could or not; we talked over the matter, said there was law 
all had to read and write. 

Q. She told you she could read?—A. I don’t remember; said she used to, but 
got so blind she couldn’t. 

Q. Her arm was broken?—A. If it was, I don’t know it. 

Q. Elizabeth Ham, did you turn her down?—A. She never tried, I reckon ; she 
never did try to read nor write. 

Q. Dal you allow any of these persons to just write their names and register 
them?—A. I didn’t after I got the letter that I must according to the law, from 
Mr. Austin. Did before ; mostly Republicans ; registered 47 that day ; there were 
three Democrats out of the 47. 

Q. 1‘olly Ham, did she read and write?—A. She scribbled a little place, but we 
turned her down; never took in her vote. 

Q. Her name was on the registration book?—A. It was on the registration 
book, l)ut her qualitication wasn’t sufficient to vote. 

Q, You put her name on register?—A. I think Miss Hattie Ham did. 

Q You registered Lelia Dickson and Bashia Miller?—A. No, sir. 

Q.’ You qualitied them, didn’t you?—A. Don’t know; but they didn't even 

write their names correct. 

Q. You didn’t let them vote?—A. No, sir. 

Q. They were Republican ?—A. I reckon they were. 

Q. Did'the Republicans ask for copy of the registration books in your town- 

siiip?_A. They went in the room and I reckon copied it off, who was Democrat 

and who was Republican; had it in there for an hour. 

Q. Did thev get a list of names?—A. Don’t know. , , o * 

Q. You didn’t refuse to let them have a copy of the registratum books?—A. 
Told them they could look over; didn’t propose they should copy off. 

Q. You had orders not to allow that?—A. Don’t know as I did. 

Whv (Pd you refuse?—A. Didn’t think it was any of their busnu'ss to make 
a c-opy of the registration books; they were in there long enough to take copy, 
one of the Republicans told me. 


672 


CAMPBELL VS. DOUGHTON. 


Q. Didn't 8}iy he got a list of the names?—A. No; jnst nninl)er of wlio they 
thought. 

Q. How many absentee votes in that township?—A. Out of other States? 

Q. All.—A. I think alxnit S.”) or 86 in oiir township. 

Q. Did yon preserve the eertitieates?—A. I did, hut left them in box locked up. 

Q. Seal the l)ox up?—A. Locked it- 

Q. What box did yon put it in?—A. Right where the county tickets was I 
think was the box. 

Q. Did yon seal np the congi-essional box?—A. I think we did. 

Q. Place paper over the top?—A. I don’t think we did. 

Q. Yon didn’t return these certihcates to the clerk of the court or the register 
of deeds?—A. I did not. 

Q. These absentee votes all had eertitieates with them?—A. Every one of 
them. 

Q. Those certificates read like this: “To the registrars and judges of elec¬ 
tion of Horse Creek precinct: I hereby cast my vote for each nominee of the 

- party voted for at the election to be held on November 2, 1920.” I-Dvery 

one had that in?—A. Yes, sir. 

Q. And witnessed?—A. Yes; a certificate bj^ a doctor or justice of the peace 
where they lived. 

Q. Did Mrs. Maggie Taylor vote?—A. No, sir; she’s dead. 

Q. She didn’t vote?—A. She did not. It was reported she voted, but it was 
a mistake. She never registered even. 

Q. There were some challenges on challenge day?—A. Yes, sir; challenged 
several. 

Q. Were these challenges heard?—A. We likely made; compromised about 
the matter, all of us. 

Q. Y’'ou told them you had passed on the reading and writing of the women 
when they registered?—A. That’s what I told them. Both sides got to vote— 
cut none out. 

Q. That’s Republican township?—A. Yes. sir. 

Q. What majority?—A. Had been 50 two years ago; been about 54; maybe 
this 144; gained nearly 100. 

Q. Fieldon Hurley vote Democratic?—A. Yes, sir. 

Q. Thomas Hurley?—A. Yes, sir . 

Q. Clint Goss voted, didn’t he?—A. Yes, sir. 

Q. Democrat?—A. Yes, sir. 

Q. G. C. Darnell voted?—A. Yes, sir. 

Q. Democrat?—A. Yes, sir. 

Cross-examination by G. L. Park ; 

Q. Mr. Goss, I believe you stated that you received a letter from Mr. Austin 
and also a letter from the State board of election with reference to your duty 
as registrar: did the State board of election advise you to violate the law?—A. 
No, sir. 

Q. Did Mr. Austin in his letter advise you to violate the law?—A. No, sir; 
just said for me to observe the law. 

Q. Both letters gave you instruction to observe the law—register according 
to law?—A. Y^es, sir. 

Q. Now, you say there were some 35 or 36 absentee votes; did any of those 
votes have indorsed upon the back of the vote or the margin of the vote the 
name of the voter?—A. No, sir; not a one of them. 

Q. Any of them challenged?—A. Not a one. 

Q. Did all of them vote by common consent of the entire election board of 
your precinct?—A. l"es, sir; not a word said as I knew of contrary to it. 

Q. You say that there was a report that Maggie Taylor voted in your town¬ 
ship?—A. Y^es, sir; report on me. 

Q. That was done by your enemies and the oi)posing party, wasn’t it?—A. 

I sui)pose it was. 

Q. It was false?—A. Entirely false. Could show it. 

Q. The first day that you opened the registration books you say there were 
47 registered and out of that number 3 or 4 were Democrats?—A. Three, I 
think. 

Q. Then, if your test wasn’t as rigid as you later later made it, the Repub¬ 
licans and the contestant was benefited by your action on that day?—A. Yes; 
they was. Several that week come to my house. 

Q. Y"ou went away from home to register some of the women?—A. Yes, sir. 



CAMPBELL VS. DOUGHTON. 


673 


1}. When you were out ref?isterins the citizens of your township did you 
discriminate or did you register Kepublicans and I>eniocrats as you come to 
them?—A. Registered all that demanded to of me. 

(^. The Republican wojiien in your township registered early in the game?— 
A. Yes, sir; they shoved in early. 

(y A letter was written by the executive comnuttee of Ashe (ilouiity, was 
there, requesting that they register early; did you see any such letter?—A. 
Y>s, sir; I saw a letter urging that. 

(y P>y the Republican executive committee of Ashe County?—A. Yes, sir. 

Q. In that letter it was charged that the Democrats would attempt to steal 
the vote of Republican women and requesting them to register early?—A. I don’t 
remember about saying about the stealing. I don’t exactly remember how that 
read. I noticed it urging them to register early. 1 remember that very well. 

Q. C. R. Spicer, the attorney who is conducting this examination for the con¬ 
testant, was chairman of the Republican executive committee for Ashe County 
during the last campaign, was he not?—A. I think so; that was my under¬ 
standing. 

Q. During the time that you were acting as registrar state whether or not 
you had any conversation with Mr. Spicer, chairman of the Republican execu¬ 
tive committee of Ashe County, and, if so, what was said by both you and Mr. 
Spicer, and what request did Mr. Spicer make of you.—A. He come up there one 
Saturday, I think the third Saturday registering was, and Mr. Clark come 
up to me and said that he and Mr. Spicer wanted to talk to me, stepped up out 
of sight of Mr. Oliver Ham’s house and we talked over about the qualification, 
and so on, and Mr. Spicer said to be as easy with these old women as I could; 
said I was going to. He talked very nice about it. There wasn’t very much 
said between us. 

Q. Did you as registrar apply the educational test the same to Republican 
women as you did to Democratic women?—A. Just the same; yes. 

Q. Did you make any discrimination in the registration of women with 
reference or because one was Democrat and the other Republican?—A. I did not. 

Q. Did you perform your duties as registrar and member of the board of 
elections during the last registration period and election honestly and justly 
according to the best of your skill and ability?—^A. Yes, sir; I did. Called in 
Mr. —sheriff there—to stay in all the time, and got Miss Hattie Ham, a good 
scholar, to treat all alike and make no difference. 

Q. Who did you have reference to when you say sheriff?—A. Sheriff Clark 
over here, ex-sheriff. Republican, right over there; stayed with me every Satur¬ 
day except the first, and Republican stayed that day. 

Redirect examination by C. B. Spicer : ' 

Q. How many Democratic women did you register at the polling place?—A. 
I don’t know. 

Q. Not very many?—A. No; they didn’t come out like the other side. 

Q. Did you register as many as 15?—A. I think more. 

Q. As many as 25 ?—A. I think so; couldn’t tell to save my life. 

Q. About how many Democratic women voted in that township?—^A. Over 
3(X) women registered; over 100, perhaps. Democratic women; a great many 
Democrats more than come. 

Q. Fieldon Shepherd asked you to let him go around with you?—A. Asked 
for him to stay with me day and night for about two weeks. I told him I had 
no use for him day and night. 

Q. He was Republican?—A. Yes; he was Republican. I told him I didn’t 
know where he would catch me of night. 

Q. Gaither Stansberry vote?—^A. Yes, sir. 

Q. Democrat, isn’t he?—A. Yes, sir. 

Q. And J. L. Tucker voted Democrat, didn’t he?—A. Don’t know whether 
J. L. voted there or not. 

Q. Lester Tucker?—A. No, sir; he did not. 

Q. He voted absentee?—^A. He didn’t vote absentee; never did register. , 

Recross-examination by G. L. Park : 

Q. Fieldon Shei)herd is Republican, isn’t he?—A. Yes. sir. 

Q. There were a great many Democratic women who come to present them¬ 
selves for registration and found that you were applying the educational test 
and did not make application for registering?—A. I think some of them did. 
Others found it out and never come at all. Some of my own neighbors uAver 
registered. 


57695—21-43 



674 


CAMPBELL VS. DOUGHTO:?^. 


Redirect examination by C. B. Spicer: 

Q. Tom Ham voted, didn’t he?—A. Yes, sir. Two of them; one voted Demo¬ 
crat and one Republican, 

Q. Thomas N. Ham voted Democrat, didn’t he?—A. Yes, sir. 

Miss HATTIE HAM testified as follows: 

Redirect examination by C. B. Spicer: 

Q. You assisted in the registration of voters in Horse Creek Township?—A. 
Yes, sir. 

Q. How many voters did you register?—A. I don’t know. 

Q. About how many?—^A. I don’t know. 

Q. A good many?—A. Yes, sir; several. 

Q. Were you sworn in?—A. No, sir. 

Cross-examination by G. L. Park : 

Q. Miss Hattie, you just assisted Mr. Goss?—A. Yes, sir. 

Q. And you placed a number of names on the registration book?—A. Yes, sir. 

Q. But Mr. Goss administered the oath to them?—A, Yes, sir. 

Q. How many did you administer the oath to, if any?—^A. Just read it to one. 

Q. When you stated that you registered several, you meant that you just 
placed their names on the registration books for Mr. Goss. Mr. Goss adminis¬ 
tered the oath and had you to only place their names upon the book for him?— 
A. Yes, sir. 

Q. You administered the oath or read the oath to only one who was regis¬ 
tered?—A. Yes, sir. 

Redirect examination by C. B, Spicer : 

Q. That was Mrs. Roten?—A. Yes, sir. 

Q. Did she read and write?—A. Yes. sir; she was nervous; granddaughter 
held the pencil for her, and she wrote; steadied the pencil for her. 

Recross-examiuation by G. L. Park : 

Q. You are the daughter of Oliver Ham?—A. Yes, sir. 

Q. What vocation have you?—A. School teaching. 

MONROE WEL(’H teslilied as follows: 

Direct examination by C. B. Spicer : 

Q. You were the Republican poll holder for Horse Creek Township?—A. 
Yes, sir. 

Q. How many absentee votes were there up there?—A. About 36, to the best 
of my recollection. 

Q. How many of them were Democrats and how many Republicans?—A. I 
think about five Rei)ublicans, the way I got it; the remainder Democrats. 

Q. You were at the polling place on the respective registration days?—A. 
I was tliere the two lust Saturdays. 

Q. How many Republican women were turned down on those days?—A. I 
don’t exactly know the number—several. 

Q. Any of those read and write?—A. There was one, Minnie Ashley, that 
could read and write, but she got tangled up in her reading. The best I 
recollect about it was turned down. 

Q. What is your information about how many Republican women were 
refused registration on account of educational test in that township? 

(Objection by contestee, for the reason that it calls for hearsay testimony 
and therefore incompetent.) 

A. I don’t know near all the people in the township, but our little creek is 
about, perhaps, one-twelfth the size of the township; there may be somewhere 
between 50 and 100 Rei)ublicans turned down ; not all of this number; there 
was a few that didn’t apply on account of the test that was put to them; didn’t 
try. 

Q. Was that severe test being applied?—A. They give them certain sections 
of the Constitution and they had to read and write that; in some cases he 
changed the section; give them different section. 

Q. Did any Democrats register the two days you were there?—A. A few; 
I don’t know just how many. 

Q. According to information you have how many Democrats were turned 
down because of the illiteracy test? 


CAMPBELL VS. DOUGHTON. 675 

(Objection by contestee, for the reason that it calls for hearsay testimony 
and therefore incompetent.) 

A. I didn’t know of any except one Miss Ham that was on the register books 
that voted and didn’t count her vote, when Miss Eldreth had only refused to 
'try to register; said she would be challenged; I don’t know what women folks 
in the township. 

Q. Did Tom Hurley, vote, absentee?—A. I couldn’t state positive about 
that; I think he did. 

Q. Do you know how he voted?—A. I couldn’t state how he voted. 

Cross-examination by G. L. Park : 

Q. Mr. Welch, you stated in your direct examination that there were about 
36 absentee votes cast; none of these votes were challenged, were they ?—A. I 
think they had; I don’t recollect about the absentee votes, about the challenging 
of them; some votes cast that was challenged for nonpayment of taxes. 

Q. Not absentee voters?—A. Not that I recollect. 

Q. All of these absentee votes were cast by the election board, consisting of 
yourself, the registrar, and the other poll holder, were they?—A. Yes; I called 
in Mr. Clark and got him to assist. 

Q. All cast without objection and protest?—A. I couldn’t be positive about 
that, but some of the absentee voters that had, I understand, went to West 
Virginia and married out there and living out there. 

Q. No challenges?—A. No, sir; I don’t recollect. 

Q. You do not mean that there were from 50 to 100 Republican women 
turned down in your township, but you mean that there were something like 
that who did not vote and were either turned down or did not apply for 
registration?—A. Yes, sir; there was a few on my creek that couldn’t go; 
didn’t think they could stand the test. 

Q. Now, Mr. Welch, I will ask you if you mean to state in the record that 
these women were entitled under the law to register and vote?—A. I couldn’t 
say that they was; there was some few that could read, one or two on our 
creek close to me, that could read and write, and on account of certain condi¬ 
tions they couldn’t at the time write—one had her arm broke—could read and 
write, too, but on account of her arm being broke couldn’t. 

Q. Then the only ones that you know that could read and write were about 
two or three?—A. I don’t know just how many there was. One other Miller 
girl there could read and write some, but she was turned down. 

Q. When you stated that there were two Democratic women turned down or 
their votes were not counted you did not mean to say that any Democrat woman 
was permitted to register or vote without the application of the educational 
test, did you?—A. Well, I have one’s mark here she made before election. I 
could give you my opinion was all. 

Q. I am not asking you for information, what you know of your own knowl- 
edge^—A. There was one IMary J. Landreth made a mark before me and said 
she couldn’t write, very important paper. That’s the one that I know of, ac¬ 
cording to my own statement. 

Redirect examination by C. B. Spicer: 

Q. You are justice of the peace?—A. Yes, sir. 

Q. And you took acknowledgment of the signature of Mrs. Landreth, did you 
not?—A. Yes, sir. 

Q. How did she sign?—A. She touched the pen. 

Q. Made her mark?—A. Yes, sir. 

Q. Since the election?—A. Just before the election. 

Q. Did she vote?—A. Yes, sir. 

ci What are her politics?—A. She voted Democrat. 

Q. I believe you said that there were several Republican women didn’t pre¬ 
sent themselves for registration on account of the severe test that was being 
administered?—A. Yes; that’s my information; in fact, one or two started 
from my creek that turned back. 

Q. Mr. Park asked you about the law; did you have conversation with Mr. 
Park just prior to the election concerning the registration? Mr. Park, the at¬ 
torney 

(Objection by contestee on the ground that the evidence called for is hearsay 
and it lias not been shown in the presence of the contestee and is therefore 
incompetent.) 

A Yes; I was up here at Jefferson just before the registering began, or .lust 
after the first Saturday, about that time, and Mr. Park said that if he was 


676 


CAMPBELL VS. DOUGHTON. 


registering in Ashe County that he would register all white women, and if he 
couldn’t register all white women he wouldn’t be registrar, is my recollec¬ 
tion, and said that he had a talk with Mr. Doughton concerning registration 
and that was Mr. Doughton’s views. That’s to the best of my recollection. 

JESSE GOSS, recalled by the contestee, testified as follows: 

Examination by G. L. Park: 

Q, Now, Mr. Goss, did you register Mary J. Landreth?—A. Yes, sir. 

Q. Did she read and write?—A. She wrote “all elections ought to be free,” 
signed her name. Got all of her writing to show at home filed away. 

Cross-examination by C. B. Spicer: 

Q. Did you see her write that in your presence?—A. Yes, sir. 

Q. Nobody assist her?—A. No, sir; INIiss Ham stayed right by her and I 
stood by reading the newspaper while she wrote. Took a long time. 

Q. Didn’t others that you turned down read as well as she did?—A. I don’t 
know as they did. 

Q. And write as well as she did?—A. I don’t know as they did. 

Q. And write as well as she did?—A. I don’t think any of them could read 
through. The second day of registration a Republican asked me to give an 
easy section. Mr. Clark was present, so I give them that section. I couldn’t 
tell how many went along with that section, Republicans all. Some one came 
to me and told me that they was reading it by heart, so I changed it. Give 
them as fair test as I thought any man ought to. 

Q. Miss Eldreth just wrote that section and handed it to you? 

AMBROSE CLARK, recalled by contestant, testified as follows: 

Examination by W. R. Bauguess: 

Q. You were one of the judges?—A. No, sir; I wasn’t a judge. 

Q. You were there at the election all day?—A. I was there during the regis¬ 
tration all during the first da5^ 

Q. You know Zilla Perry?—A. I know her. She wasn’t registered while I 
was there; very few Democrat women registered \vhile I was there on the 
three last days of registering. 

Q. You know Lizzie Lawson?—A. I know her; she wasn’t examined in my 
presence. 

Q. iMartha Roten?—A. Don’t know her very well. 

Q. Did you see IMargaret Osborne examined?—-A. Yes. sir; she wasn’t reg¬ 
istered at the voting place. 

Q. Can she read and write?—A. I don’t know; have heard it said she 
couldn’t. 

(Objection by contestee, for the reason that witness states that he does not 
know whether or not the party can read or write, and states that he has heard 
so, which is purely hearsay and therefore incompetent.) 

Q, Do you know Mary Landreth?—A. I know her. 

Q, Do you know w hether or not she can read and write?—A. I don’t know’. 

Examination by C. B. Spicer : 

Q. Do you know’ Arf IMiller?—A. Yes, sir. 

Q. Can she read and w’rite?—A. Yes, sir. 

Q. What’s her politics?—A. Re])ublican. 

Q. r)id she present herself for registration?—A. Yes, sir. 

Q. Refused?—A. Yes, sir. 

Q- f^o you know’ Polly Miller?—A. Yes, sir. 

Q. What’s her politics?—A. Republican. 

Q. Can she I’ead and w’rite?—A. Don’t know; told Mr. Goss she fell and 
broke lier arm ; said she had read the Bible through three times; never saw’ her 
tested: couldn’t w’rite on account of her arm. 

Q. She w’as refused registration?—A. No; she wasn’t registered. 

Q. Believe you said she w’as Republican?—A. Yes, sir. 

Q. Maggie Wyatt—can she read and w’rite?—A. I didn’t see her try. She was 
there tw’o days for that purpose, but I don’t know’ that I saw^ her writing. 

Q. Do yo\i know^ whether or not she could read and write?—A. I do not. 

Q. AVhat’s her politics?—A. Republican. 

Q. She registered ?—A. No ; she wasn’t registered. 

' X}. Elizabeth Ham?—A. She was there. 


CAMPBELL VS. DOUGHTON. 


677 


Q. What’s her politics?—A. Republican. 

Q. Read and write?—A. Claimed she could. 

Q. Registered?—A. No. 

Q. According to information you have, Mr. Clark, how many Republicans 
were denied the right to register and vote in Horse Creek Township last elec¬ 
tion ? 

(Objection by contestee for the reason that question calls for hearsay tes¬ 
timony, which is incompetent.) 

A. We counted, I think it was, somewhere near 60; don’t know ‘whether we 
got them all or not. 

Q. You made investigation to ascertain the number?—A. Partly; part of the 
territory near Park, Va., we didn’t investigate. 

Q. According to information you have how many Democrats were denied the 
right to vote in your township last election?—A. The best information we could 
get, not more than one dozen. 

Q. You were there on three of the registration days, were you?—A. Yes, sir. 

Q. What sort of test was put to the Republican women?—A. In the beginning 
they were treated alike, but some of the Democrats from the other part of the 
county saw Mr. Goss go out with them and have a talk; he come back and said 
it was reported to him they had this piece by heart, changed it, and had it 
changed to another clause in the Constitution. 

Q. Was the test as administered to the last part severe?—A. Had to read and 
write it correctly. 

Q.* Any partiality shown?—A. Nobody that I know of of the Democratic 
women registered, without it was very few or what could read and write; no 
partiality shown; don’t think over dozen Democratic women registered in the 
three days I was there. 

Q. Where were the Democrats registered?—A. I don’t know; wasn’t regis¬ 
tered there; suppose they were registered at their home or his place. 

Q. Do you know Gaither Stansberry?—A. Yes, sir. 

Q. Where does he live?—A. In West Virginia, I suppose. 

Q. A married man?—A. Yes, sir; my information. 

Q. Where is his family?—A. In West Virginia. 

Q. How long has he been there?—A. I don’t know how long he has been 
married. 

Q. About how long has he been away from the State?—A. Comes in on a visit. 

Q. When did he leave?—A. Been working in West Virginia for some little 
time, but comes back occasionally. 

Q. Do you remember how long it has been since he took his family away?— 
A. He married in West Virginia; his wife has never been here. He voted 
absentee. 

Q. Y'^ou don’t know whether he voted in West Virginia?—A. No, sir. 

Q. Tom Hurley—do you know where he is?—A. In the county here. 

Q. You have been commissioner of Ashe County for how many terms?—A. 
One term. 

Q. Sheriff of the county for how many terms?—A. Three terms. 

Q. You represented the county in the lower house of the general assembly 
for how many terms?—A. One term. 

Q. How long have you been a citizen of Ashe County,. Horse Creek Town¬ 
ship?—A. All my natural life. 

’Q. In your opinion was the election in your township at this time held fairly 
and impartially, registration and all? 

(Objection by contestee for the reason that it calls for information testimony 
and therefore incompetent.) 

A. Was not. 

Q. Was it held unfairly against the Republicans?—A. I think so. 

Q. I believe you said. Sheriff, that according to information that you have 
that about 60 Republicans did not register and vote and about a dozen Demo¬ 
crats in your township. I will ask you to please state, that it may go in the 
record, what is the election standing from an educational standpoint of the 
Republicans and Democrats of your township.—A. I think the Republican 
women are fully as well qualified as the Democrat women. 

Q. In your opinion. Sheriff, the elections of the county in the future, if con¬ 
ducted in the same manner as they were in the past election, what effect would 
it have upon the citizenship of the county? 

(Ol)jection by contestee for the reason that question calls for opinion and not 
for facts, and is therefore incompetent.) 


678 


CAMPBELL VS. DOXIGHTON. 


A. Well, any wrong act from an individual toward aiiotlier I should think 
would have a bad elfect. Nothing wrong can bring anything good. 

Q. You think it would encourage among the citizenship of the county, dis¬ 
obedience of the law? 

(Objection by contestee for the reason that question calls for opinion and not 
for facts and is therefore incompetent.) 

' A. I do. 

Q. Is it your opinion that if the Republicans are unfairly and impartially 
treated in election that this will not lead to unfair and impartial protection 
of the laws for them? 

(Objection by the contestee for the reason that question calls for statement 
and not for facts, and that this examination conducted by contestant is not 
along the line of facts but for opinions and moralizing.) 

A. I would rather be excused from giving an opinion on that question. 

Cross-examination by G. L. Park : 

Q. Sheriff, you have given considerable moral idea, I want to ask you if the 
liepublican Party to which you belong is guiltless of violation of moral ques¬ 
tions and election laws?—A. If there was any violation of the law in this, I 
<lon’t know it. I don’t know that I can speak for the party. We only asked 
for a copy and JMr. Goss says, “ No ; its all right to count, but not to take 
it dov^Ti in writing.” When I was sheriif I let you examine the books, you 
know that, and then we asked Mr. Goss, but he had a talk with Mr. J. P. 
Hampton, and he said, “ No, we will take a man and examine him.” Said he 
was the judge and had a right to pass on those that were challenged and that 
ended it. 

Q. Sheriff, you believe that the sheriif of the county and the one holdng the 
tax books for the year of 1919 acted fairly in refusing, if he did so, to permit 
Democrats to examine the tax books of the county for the purpose of ascertain¬ 
ing who had paid their poll and who had not?—A. If he did that, I don’t think 
he acted fairly. 

Q. I will ask you that upon one occasion that you refused to permit W. M, 
Bledsoe to examine the tax book of Ashe County when you were sheriff of the 
county, and that Bledsoe threatened prosecution, and upon such statement you 
iinally showed him the books.—A. I never refused to my knowledge. He 
stayed all night and examined the books. Mr. R, L. Ballou was with him and 
I think Mr. Jesse Goss, Everybody had a right and I showed it to everyone. 

Q. I will ask you if Mr. Bledsoe said that S. P. Graves, solicitor of the 
district, had sent him there to examine the books?—A. Not to my knowledge; 
no, sir. 

Q. You would state that he did not?—A. I will swear that I have no recol¬ 
lection of any threats from IMr, Bledsoe, a special friend of mine, and I be¬ 
lieve he voted for me. 

Q. To refresh your memory. Sheriff, I will ask you if Mr. Bledsoe during the 
month of April, 1906, did not go to you and request to see the tax books, and 
that you refused to permit him to examine them, and that he went home with 
you, and that he threatened you with prosecution, and that afterwards you 
permitted him to see the books, and that he had to remain up all night in 
order to examine your tax books and to pay such polls as he desired?—A. Let 
me ask Jesse Goss. I can’t remember anything of that kind. 

Q. Give your best impression.—A. jMy best impression is that I never had 
any difficulty like that in my life. 

Q. Under your examination in chief you stated that there were not over 
12 Democrat women in Horse Creek Township who were not registered, 
to the best of your knowledge. Now, I will ask jmu if you will state positively 
that there were not over 12 Democrat women who were not registered for 
the election of 1920?—A. No, sir; I didn’t keep any count, but I know there 
was very few. 

Q. You made an effort to count them and ascertain the best you could?—A. 
We made an effort to count those that didn’t register, didn’t vote. 

Q. And if there are more than 12 you are mistaken in your count?—A. 
Certainly. 

Q. Now, you stated under your examination in chief that there were about 
60 Republicans, women, who were either refused registration or who did not 
register. Now. I will ask you if those 60. could qualify under the educational 
requirements?—A. Not all of them. 

Q. Sheriff, you stated under your examination in chief that Mr. Goss, the 
registrar, stated that applicants for registration had been drilled or memorized 


CAMPBELL VS. DOUGHTON. 


679 


ji certain stanza of the constitution. Now, I will ask you if it is not a fjict 
that women had been drilled and memorized or coached and memorized this 
section or paraj^rapliV—A. Well, they mli^ht have memorized it, I don’t know; 
I was in the house with Mr. Goss. 

Q. You had nothing to do with helpinf? them to memorize?—A. I was thei’e 
with them all the time. 

Q. You didn’t assist in coachinj; the women in attempting to memorize?—A. 
No; some words they would likely stall on in pronuncijition. 

(,>. If it is a fact that that was the tactics or policy pursued l)y any Repub¬ 
lican in the preparation of women for voting by coaching and assisting 
Giem to memorize a certain clause, paragraph, or stanza of the constitutioii 
in order to simply get upon the registration hooks, now, in your opinion is that 
fairness?—A. If you allow both sides to register under the same rules it’s 
fair. 

Q. I ask you if that was done whether in your opinion that would be fair?— 
A. We asked Mr. Goss to .just allow one sentence “that all elections be free.’’ 
It’s fair if you let both sides. In the beginning, I will say in explanation, I 
asked iNIr. Goss to be as lenient with the old women as possible. 

Q. Then, you would consider the attempt to perpetrate a fraud upon an 
officer to be fairness?—A. Well, I dont’ know whether that would he a fraud 
or not. I don’t think it would be a fraud. 

Q. If the law required and the registrar is attemi)ting to follow the require- 
iiKuit of law and any i)erson were to coach a person intending to apply for 
re.gistration, to memorize one principal sentence in order that they inigiit be 
placed upon registration books?—A. Well, I don’t think it would be wrong for 
you to allow both sides to come under the same rule, because I believe every 
white person should vote. 

Q. I am asking you the moral question.—A. I don’t hardly know how to 
answer that. 

Q. If it was done for the purpose of deceiving a registrar, whether that 
would be right.—A. Deception in any form wouldn’t be right. We was going 
along rather lenient until Mr. Goss showed me a letter from Mr. W. R. Austin 
relating to the law. It was a' lot harder after that; said to abide by the law. 

Q. The three days that you attended the polling place with the registrar I 
will ask you if you made a single objection to the registrar?—A. No; the 
registrar did all right. I believe, in correction of that, we did ask ^li-. Goss 
to be as lenient as possible. 

JESSP] GGSS, recalled second time by contestee, testified as follows: 

Examination by G. L. Park : 

Q. Jesse, about how many Democratic women did not register for the elec¬ 
tion of 1920 in your precinct?—A. I think somewhei-e between 30 and 40. 

Q. Can you give the names?—A. Yes, sir. 

(). Please give the names.—A. INIrs. Walter Wood, IMrs. IVIack Ham, Mrs. 
Cafloway Eldreth, ]Mrs. Rernie Ham, Elizabeth Ham, Wiley Hurley and daugh¬ 
ter, Ml'S. James Phillips, Lizzie Davis, Mrs. W. H. Glenn, Noah Dickson, Mrs. 
Ott Stidham, Hattie Taylor, Annie Perry, Hettie Perry, Bainy Perry, Mary D. 
Barker. Mrs. M. G. Brown. S. G. Davis, Ellen Taylor, Becky Roupe, Mrs. 
Floyd Phillips, Mrs. Moses Price, Mrs. Lloyd Barker, INIi-s. Pendergrass. That 
is all we got down now that we can remember at present. Don’t know whether 
they would all have voted Democratic. 

(}. Are there any others you think of whose names are not down there?—A. 
I don’t know of any at the present time. 

Q. Do you think you have all of them?—A. Seemed like there is a few more 
but wouldn't state; yes; there is Jesse Hurley’s daughter and iMiss Polly Ham. 
Mrs. Hurley wasn’t on registration book. 

Q. About what is the rat'o of Democratic women and Republican women in 
your township?—A. Well, they are about 25 per cent Republican. 

Q. The ratio of all the townships?—A. You mean—don’t understand that 
question exactly. 

Q. More liepublican women than Democratic women in the township; about 
hoAv many more?—A. I will allow about 50 to 75 more Republicans than 
Democrats; can’t tell. 

Q. Don’t think there is something like two Republicans to one Democrat in 
the township?— A. No; far from it, to the best of my recollection. 


G80 


CAMPBELL VS. DOUGHTON. 


(’ross-exaiiiiiiatloii by C. B. Spiceu: 

(J. jMrs. Wiley Hurley's danshter; yon don’t know whether she is old enougli 
or not?—A. No. 

Q. Yon wonldn't say that Mrs, Hnrley would have voted the Democratic 
ticket if slie had registered, would yon?—A. No; I wouldn’t say that either one 
of them would. 

Q. Was she a Calhoun?—A. Wes, sir. 

Q. And all the Caihonns Uepnblicans?—A. Yes; I reckon. 

(}. Nora Dickson; she was of Republican family?—A. Yes; of Republican 
family, l)nt living with a Democrat, and I thought he said he could vote her 
all right. 

Q. Mrs. Stidham?—A. She’s talke<l to her people that I missed a Democrat 
by not going to register her. 

Q. She married Republican?—A. Yes; the first time he ever voted voted 
Democrat; Republican ever since. 

Q. Ettie Perry; she voted Republican—her people, don’t they?^—A. I think 
most vote Democratic. 

Q. And Mrs. Mose Price?—A. Her man’s Democrat; I don’t know what her 
people are; he didn’t come to election this time, or two years ago. 

Q. Those Barkers and iMrs. Pendergrass?—A. IMostly voted Democrat. 

Q. They do vote Republican part of the time?—A. Well, they have voted 
some Republican. 

(}. You don’t know how they would have voted this time?—A. No; I don’t 
know: just give my opinion about it. 

Q. On that list you have about 28, I believe?—A. We counted 31. 

(i. Seven out of that numher that you say might have voted Republican?—A. 
Well, they might all as far as I know; I couldn’t tell; might have everyone; 
but in Deinoci’atic families. 

Q. All except those seven that you mentioned?—A. I don’t know whether 
the.v would vote Democratic or Republican; all classed as Democrats. 

Re<lirect examination by G. L. Park : 

Q. You don’t know that any of those classed with Republicans would have 
v'oted Republican ticket?—A. No; I don’t. 

Recross-examination by Mr. C. B. Spicer : 

Q. How many of this list that you have given applied for registration?—A. 
I don’t know; not very many. 

(Adjourned till next morning.) 

This hearing opened in the courthouse of Ashe County on Wednesday morn¬ 
ing, 10 a. m., before Monroe Adams, commissioner of testimony, who has served 
the days preceding in Ashe Count.y. 

ITesent on the part of the contestant: The contestant in person and as his 
attorneys. C, B. Spicer, W. R. Bauguess; present on the i)art of the contestee: 
The contestee in person and on his behalf Bowie & Austin and G. L. Park, 

Mr. R. P. BAKER testified as follows: 

Direct examination by C. B. Spicer: 

Q. You were registrar of elections for the election held November 2, 1920, for 
Creston Township?—A. Yes. sir. 

Q. Do you remember how many registrants you registered?—A, Not exactly; 
in the neighborhood of 150. Some transferr^ in; not all examined; not all 
new ones. 

Q. How many of those registered were Republicans?—A. Our township runs 
as near as I could tell you about 3 to 1. 

Q. Three Republicans to one Democrat?—A. Y’'es, sir. 

Q. Did you a])ply the illiteracy test in your township?—A. Yes, sir; where 
there was any question in my mind ; people T knew could read and write didn’t 
test them. 

O. Did you register Cleo Grimes?—A. Yes, sir. 

Q. Did you put test?—A. Yes, sir, 

Q Did she read and write to your satisfaction?—A. She read some and I 
had her write her name; let a great many that way. 

Q. She didn’t read the constitution?—A. No, sir. 

Q. Did you register her at the polling place?—A. At her home. 

Q. She’s Democrat?—A. Supposed to be. 

Q. Cantahelle Heck; did you register her?—A, Yes, sir. 


CAMPBELL VS. DOUGHTO^^. 


681 


Q. Did you put the educational test to her?—A. Yes, sir. 

Q.^ Lead and write the constitution?—A. She read; said some years ago she 
fell in the lire and burned her hands; could write before that. 

Q. Register her at her home?—A. At the home of her sister. 

Q. She’s Democrat?—A. Yes, sir. 

Q. Elizabeth Latham ; did you register her?—A. Yes, sir. 

Q. Did you register her at her home?—A. At home. 

Q. Did you apply the test to her?—A. No, sir; she told me she could read 
and write and I had been informed by good authority that she could; was a 
very old lady. 

Q. Did you register her at home?—A. Yes, sir. 

Q. She’s a Democrat, isn’t she?—A. Yes, sir. 

Q. Annie Howell; did you register her?—A. Yes, sir. 

Q. Where did ^mu register her ?—A. Down at Creston. 

Q. At the polling place?—A. Yes; she was in at the preacher’s house. 

Q- Did you apply the test to her?—A. Yes, sir. 

Q. She could read and write the constitution?—A. Yes, sir. 

Q. Ellen Graybeal; she presented herself for registration, did she not?—• 
A. Mrs. Jonah Graybeal? Yes, sir. 

Q. She could read and write?—A. She could read, but failed on the writing; 
just got to shaking; told her to come back, and she never. 

Q. You didn’t register her?—A. No, sir. 

Q. She’s Republican?—A. Yes; supposed to be. 

Q. Vernie Manuel and Verdie Manuel; they presented themselves?—A. Yes, 

sir. 

Q. Couldn’t they read and write?—A. No, sir; never made a start on their • 
reading; never tried them' on their writing. 

Q. You didn’t register many Democrats at the polling place, did you?—^A. 
Not very many, but some few. 

Q. About how many?—A. Well, there wasn’t many; very few; about two or 
three; something like that. 

Q. There are about how many Democratic women in that township?—A. 
Probably about from 30 to 35. 

Q. Republicans just come down there in wagons full to register?—A. Just 
come in throngs—wagonloads—the most of them, I think, had some of their 
families. 

Q. About how many did you register at their homes?—A. Probably six to 
eight—well, more than that at their homes and my home. 

Q. About how many Republicans—women—are there in the township?—A. 
Well, I don’t know; have not got it down; runs about 3 to 1; I think in the 
neighborhood of about 90 to 100. 

Q. Did Charles Latham vote up there?—A. Yes. 

Q. Yourself?—A. Democrat, I believe. 

Q. He voted for Mr. Doughton ?—A. Yes, sir ; I think so. 

Q. Roger Barr; he voted?—A. Yes, sir; I think his vote was counted; ab¬ 
sentee vote. 

Q. Voted Democrat?—A. Yes, sir. 

Q. Where does Mr. Barr live?—A. Lived in Washington City at the time he 
voted. 

Q. How^ many absentee votes were there in your township?—A. Not sure, 
but probably eight or nine; very small township, you know. 

Q. Did W. W. Latham vote?—A. I don’t know just what Latham that is. 
Walter Latham voted. 

Q. How did he vote?—A. Democrat. 

Q. George W. Manuel; did he vote?—A. He moved off, I understand. 

Q. He didn’t vote?—A. No; he lives in Virginia. 

Q. Did you register any of these women at night?—A. Y^es, sir. 

Cross-examination by G. L. Paek : 

Q. Mr. Baker, you state that you registered and entered transfers on the 
registration book of your township for the last election about 150 registrants?— 
A. Yes, sir. 

Q. About what portion of the 150 whom you registered were and are Demo¬ 
crats?—A. Probably about one-fourth of them. 

Q. The proportion of Democrat votes and Republican votes cast in your town¬ 
ship in the last election was about 3 Republicans to 1 Democrat?—A. Yes, sir. 


682 


CAMPBELL VS. DOUGHTON. 


Q. All the people you stated that you applied the educational test to, all appli¬ 
cants for registration except those whom you knew could read and write?—A. 
Yes, sir. 

Q. I>id you apply the educational test alike to both Democrats and Kepubll- 
cans?—A. Yes, sir; except I was easier the tirst Saturday. 

Q. Which did that apply to, then?—A. I believe they were all liepublicans. 

Q. Then, in your application of the educational test the liepublicans had the 
advantage for the reason stated that on the lirst Saturdjiy you did not apply 
the educational test so stricly?—A. Yes, sir. 

Q. How many did you register the tirst dav?—A. Not sure, but probably 12 
or 15. 

Q. Y^'ou state that you registered a majority of the Democrats, women, at their 
homes and at your home; is that true?—A. At their homes, I will put it, mostly. 
I believe I registered more Republican women at my home than Democrats. 

Q. When you went away to register from your home, did you register both 
Democrats and Republicans?—A. Yes, sir; I was requested by both parties that 
I went to see and called on all of them. 

Q. Did you fail to go to the home of any Republican where you had been re¬ 
quested to go and register females of that home?—A. Did not. 

Q. You stated under the examination in chief by contestant that the Republi¬ 
cans came in throngs and wagonloads, to the polling place for registration?— 
A. Yes, sir. 

Q. Did you see a letter issued by the Republican executive committee for 
Ashe County to the women voters of the county?—A. They presented a letter 
there the tirst Saturday. 

Q. Prom whom was that letter?—A. I believe it was C. B. Spicer, to the best 
of my knowledge. They handed the letter to me to read and I handed it back 
to one. 

Q. What did that letter contain?—A. Well, in substance, it went on to say to 
get all the women out and registered and that there was no educational test 
required, that they registered under the Federal law. if I am not mistaken, it 
went on to say that there was a considerable line if the legistrar failed to regis¬ 
ter, I forgot the size of tlie fine. 

Q. Was that a threatening letter?—A. Nothing, only that fine. 

Q. Did that letter state to the women to present themselves and demand 
registration?—A. I believe it stated to present themselves or come out any way, 
which would mean the same. 

Q. Y"ou stated that there was some eight or nine, to the best of your recollec¬ 
tion, absentee votes cast in your township?—A. Yes ,sir. 

Q. Now, state whether or not any of these votes had indorsement upon the 
back or margin of the tickets of the names of the voter.—A. none of them. 

Q. These absentee voters voted without objection, did they?—A. Yes, sir. 

Q. None challenged?— xV. No, sir; I got one that we laid aside; decided it was 
for Old Fields Township and Republicans didn’t want put in ; Winn and Greer, 

Q. So you had one sent you that you did not place in the box?—A. Y^es, sir. 

Q. What was he. Republican or Democrat?—A. T su]ipose Republican. They 
didn’t want him counted there though; said he didn’t belong there. 

Q. Did you know whether he voted in Old Fields Township?—A. Don’t sup- 
po.se he did; they didn’t get the letter there. 

Q. Roger Barr has been in the naval service, has he not?—A, That’s my un¬ 
derstanding. 

Q. And has served there for quite a number of years?— xV. Y'es, sir. 

Q. Went from this county?—A. Yes, sir. 

Q. He is a single man?—A, Yes, sir. 

Q, His father lives in your township?—A. Y’es, sir. 

Q. Is he in the naval service yet, or do you know?—A. I don’t believe he is. 
I belieVe he is in the Government service at Washington City. 

Q. Was there any challenges made on account of poll taxes not being paid in 
your township?—A. One fellow we questioned some, but finally let him vote. 

Q. Who was that?—A. Vernon Lewis. 

Q. Democrat or Republican?—A. Republican. 

Q. But he voted?—A. We let him vote after hearing the evidence. 

Q. Charles Latham was not challenged?—A. I don’t consider that he was 
challenged; some little question raised about him. 

Q. If it is not Walter Latham you would not say that such a voter applied and 
voted in your election?—A. I don’t believe anybody else. 


CAMPBELL VS. DOUGHTON. 


683 


Q. Mr. Baker, as registrar, state whether or not or did you honestly and fairly 
perform your duties as registrar and member of the election board of your 
township, peforni your duties as such according to the best of your skill and 
ability?—A, Yes, sir. 

Redirect examination by C. B. Spicer : 

Q. Those absentee votes were all voted with certificates, were they not?—A. 
Yes; I noticed particularly. 

Q. Where are those certificates?—A. I couldn’t say that I could produce 
them; stuck them down in my box and since that time have emptied the tickets 
at home. 

Q. All those absentee votes had something like this, didn’t they—“ To the 
registrar and judges of election at Creston Township. 1 hereby cast my vote 

for each nominee of the- Party, to be voted for at the election to be held 

on November 2, 1920.” This the form of the statement?—A. Yes; and the name 
and a witness. 

Q. And all the absentee certificates on that form?—A. Yes, sir. 

Q. Did you return those certificates to the clerk of the superior court or 
the register of deeds office?—A. No, sir; don’t believe the law required it. 

Q. Did you bring the tickets that they voted absentee?—A. No, sir. 

i]. Did you seal up the congressional box after the voting?—A. No, sir. 

Q. What did you do with the ballots?—A. Just left them in schoolhouse. 

Q. Believe you state you were easier on the registrants on the first day than 
later?—A. Yes, sir. 

Q. How come you to change?—A. Got letters from high authority, attorney 
general and Mr. Lamb, stating that I must require the educational test. 

Q. Mr. Lamb is chairman of the State board of elections ?—A. Yes, sir. 

Q. Did vou receive letters from anvone else?—A. Don’t know that afterwards 
I did. 

Q. Did you receive any before that?—A. I believe I did. 

Q. Who from?—A. I received a letter or two from Mr. Austin. 

Q. He is chairman of the Democrat county executive committee?—A. Yes, sir. 

Q. From anyone else?—A. Don’t know that I did. 

Q. Did you talk to anyone else about it or have a conversation in person?—A. 
About the educational test? 

Q. l^es, sir.—A. Talked to Mr. Bowie. 

Q. He was candidate on the Democratic ticket for lower house of the legisla¬ 
ture?—A. Yes, sir; said the educational test should be required, to put it to all 
alike. 

Q. Mr. Austin wrote you to put the educational test?—A. I talked with him, 
andT believe he wrote me a letter bearing on that. 

Q. Were they up there to see you—Mr. Austin or Mr. Bowie?—A. Mr. Bowie 
took dinner with me the day he spoke at Creston; wasn’t on that business. 

Q. Charles Latham voted absentee?—A. Yes, sir. 

Q. Do you know where he is?—A. Thorpe, W. Va., his envelope showed. 

Q. How many warrants are there up there in that township against him?—A. 
I don’t know; probably one 1 know of. Heard there was papers for him. 

The attorney for contestee requests of counsel for contestant to know if it is 
the purpose of contestant to challenge any vote for the reason that the voter 
is charged with the commission of any crime or misdemeanor, whose trial or 
conviction has not been had. 

It is the purpose of the contestant to challenge all persons that are nonresi¬ 
dents, and especially those who are nonresidents and fugitives from justice. 

It has not been shown by contestant or his counsel that the party of whom 
witness is questioned is a nonresident or a fugitive from justice. 

Q. How long has Charles Latham been away from Creston?—A. I am not 
sure, but probably just some months. 

Q. He has been away from up there ever since that capias has been out for 
him?—A. He has been there since then. 

Q. Didn’t you know the sheriff has had the capias and not been able to find 
him?—A. The sheriff may not have seen him. 

Q. You haven’t seen him at any public gatherings?—A. No, sir. 

Q. He was indicted, along with some other fellows, for stealing, wasn’t he?— 
A. Never heard that. 

Q. What was he indicted for?—A. I think some disturbance up about Ashland. 

Q. He left the State after this disturbance?—A. As far as I know he has 
been shy, I haven’t seen him. 



684 


CAMPBELL VS. DOUGHTON'. 


Q. I believe yon said he voted Democratic.—A. Mostly I believe, there was 
two scratches. 

Cross-examination by G. L. Park ; 

Q. Mr. Baker would you be positive which of the following certificates accom¬ 
panied the absentee vote which was cast in your township at the last election, 

certificates being as follows: “- (post office) - (date). To the 

registrar and judges of election of Creston precinct: I -— do hereby certify 

that I am a duly qualified elector in Creston precinct, Ashe County, N. C., and 
I inclose herewith ballot or ballots which I wish to vote in the election to be 

held on November 2, 1920. Signed -. Witness -” or “- State 

■- Date. To the registrars and judges of election of Creston precinct: 

I hereby cast my vote for each nominee of the (Democratic) or (Republican) 
Party to be voted for at the election to be held on the 2d day of November, 

1920.-. Witness-.” Know which of these certificates accompanied 

these tickets?—A. To the best of my knowledge they are like the last one, like. 
IMr. Spicer read over, for each Democratic or Republican nominee. 

Q. Did the envelope contain the tickets as well as the certificate?—A. Yes, 
sir; all of them except some that had been sent out before the clerks name 
had been put on. 

Q. Now you said that you had letter or letters from the State Board of 
Election or Mr. T.amb and from Mr. Austin and that you talked with Mr. 
Bowie and Mr. Austin, now I will ask you if any letter that you received or 
whether you were advised or instructed by IMr. Bowie or by Mr. Austin to 
violate the law or make discrimination?—A. No, sir; was not. 

The contestee through his counsel asked the following question of the wit¬ 
ness and the witness made answer thereto, whereupon contestant’s counsel 
states that he did not ask his question for that purpose or did not suggest that. 

Counsel for contestant made the following statement on asking of witness the 
foregoing question: “ I did not suggest that.” 

HIRAM PHILLIPS testified as follows: 

Direct-examination by C. B. Spicer: 

Q. What township do you live in?—A. In Creston. 

Q. Did you vote in Creston township last election?—A. Yes, sir. 

Q. Have you made an investigation in that township to see how many Re¬ 
publicans were turned down for registration on account of the educational 
test?—A. Didn’t all over the township, in a portion of the township. IMade an 
examination on the creek which we live. 

Q. How many were there?—A. About 15. 

Q. Did any of them read and write?—A. Yes, .sir. 

Q. How many of them?—A. About three is all I remember of now. 

Q. Did you make investigation to see how many Democrat women were 
turned down?—A. Well, I don’t know, as I spoke a minute ago didn’t go all 
over the township, on the creek where we live. 

Q. Plow nmny were there?—A. Just one, all in my recollection. 

Q. Did she present herself?—A. No, sir; well now I said she didn’t present 
herself, not in my knowing. 

Q. AVhat is your information about Cleo Grimes, Cantabelle Heck, and Eliza¬ 
beth Ijatham and Annie Howell, according to information you have, can these 
women read and write? 

(Objection by contestee for tbe reason that contestant seeks to prove by 
hear.say testimony that which is incompetent.) 

A. AA'ell I couldn’t tell you as to what I know concerning either one of them, 
but one could give you the country report. The country report is that they 
can’t read nor write. 

Q. They all live in your community?—A. Yes, sir. 

Q. You are a minister of the Gospel are you, Mr. Phillips?—A. Yes. sir. 

Q. And around <lifferent parts of the county preaching?—A. Yes, sir. 

Q. In your opinion was the la.st election that was held in Ashe County, and 
the registration of the registrants for the election impartially conducted and 
held?—A. I do not, according to my information. 

( Contestee objects to the foregoing question and answer for the reason that 
it calls for opinion of witness and not proof of fact.) 

Q. You were at the polling place in your precinct several Saturdays while 
the registration books were open?—A. I was there, too. 











CAMPBELL VS. DOUGHTON. 


685 


Q. You observed the registration conducted in your township?—A. What was 
the question? 

Q. You observed the registration conducted in your township?—A. I saw 
some of it the first Saturday and the second Saturday; didn’t stay very long 
either one of the Saturdays. 

Q. From your observation was it conducted fairly in your township?—A. I 
wouldn’t hardly what to tell you concerning that because^- 

Q. From your observation was it conducted fairly in your township?—A. I 
don’t know hardly what to tell you concerning that, because there was only 
one side being registered when I was tliere. 

Q. No Democrats, either, were there?—A. No, sir; if there was I didn’t see 
them and know them that were Democrats; could have been some there; I 
didn’t kno\y their politics. 

Q. Did you all have any trouble in your township?—A. Yes, sir; some. 

Q. During the registration?—A. Well, we had some crossing, some contrary 
words, sassing backwards and forwards; some was all. 

Q. Did you liaA’e any information about any trouble that the registrar got 
into ? 

(Contestee objects for the reason that it calls for hearsay testimony, and 
is therefore incompetent.) 

A. Well, I will just go on and explain how that was; the first day that we 
were there, on the registering time; the first Saturday, some of us went into 
register, the Rash boys taken in their mother to register her, which was 
Rhoda Rash, also Jonathan Rash taken in his wife to register her, which 
neither one of these claimed that they could read and write. Registrar turned 
them down, then boys talked very insulting to the registrar, used very rough 
language to him. That was all the trouble at that time that I remember of 
at the present. Then on the night of the closing of the registration books 
we had some little differences, I will go on and explain that the best I can. 
Charlie Latham voted under absentee as I suppose; I wasn’t there when the 
votes were put in, and as he hasn’t paid any poll tax; the Democrat judges 
agreed to take out the vote of Charlie Latham, during the day, they said; 
I wasn’t there myself at the time they agreed to this; but when it come to 
counting the votes they wouldn’t take it out without taking out another man 
on the Republican side. Then I went on and said myself to thdi registrar, 
“ I consider you a cheap judge who will register Democrat women that can 
not read and write and turn down Republican women which can read and 
write.” The registrar seemed to fly very angry when I said that; bounded 
up from where he was sitting as though he aimed to strike me; catched hold 
of my shirt collar, but didn’t hit me. I told him to hit me if he wanted to; 
then he throwed his hand back on his hip pocket like he was reaching for his 
gun. While there was several words said by other parties; that, I believe, 
about settled the trouble, to the best of my recollection. 

Q. In your opinion, if the methods of conducting election as put in force 
last election is continued, what will be the effect on the citizenship of the 
('ounty ? 

(Objection by contestee for the reason that question calls for the opinion 
of the witness and does not tend to prove any fact, which is incompetent.) 

A. AVell, my opinion is that it will go into great big trouble, such as people 
being killed over this way of going on. 

Cross-examination bv G. L. Pakk : 

• • 

Q. Y^ou were not one of the election board of your township for last elec¬ 
tion?—A. No, sir; was not. 

Q. Why did you attend the voting place upon the two registration days you 
mention?—A. I can explain that to you very well. Because on the first Satur¬ 
day I taken my team and wagon and taken a lot of women down to be regis¬ 
tered ; also on the second just the same way. 

Q. Up until the time that the Rash boys carried their mother into the 
registrar there had been no difference or trouble between any Democrat or 
Republican had there?—A. Not that I know of. 

Q. This lady or these ladies told the registrar that they couldn’t read and 
write?—A. Yes, sir. 

Q. Upon that statement of their mother and wife these Rash boys used 
very ugly language and insulting epithets to the registrar?—A. Yes, sir. 

Q. They were Republicans, weren’t they?—A. Yes, sir. 



686 


CAMPBELL VS. DOUGHTON. 


O. So if there was anv disturbances raised there at all it was done by 
Republicans, wasn’t it, Hiram?—A. At that time I suppose that was by the 

Republicans. * ^ 

Q. Now, after the registration was closed and the votes were challenged, if 
any, the election was held?—A. Certainly. 

Q. There was a Republican judge of election in your township, wasn’t 
there?—A. Yes, sir. 

Q. The trouble that occurred the night after the polls had closed was over 
a vote that had been cast in your absence?—A. Yes, sir. 

Q. You don’t know but what the vote was cast by the unanimous vote or 
consent of the entire election board in your township, do you?—A. No, sir; I 
wasn’t there. 

Q. Then you remarked to the registrar that you called him a clieap registrar 
because he had violated his oath in registering some Democrats who could not 
read and refused to register some Republicans who could read?—A. Yes, sir. 

Q You were perfectly friendly when you did that?—A. No, sir; 1 don’t 
think so. 

(^. You were not mad, were yon, Hiram?—A. Yes, sir; 1 was, to some extent, 
mad. 

Q. You d'dn’t g«> there to raise any racket at the election, did .you?—A. Did 
not. 

(}. You forgot to pray th.at morning?—A. I don’t remember about that. 

Q. But at any rate the old fellow got a little the better of you and got the 
teinporary strike up.—A. To some extent, I was mad. 

Q. Ami to some extent you were responsible for what happened there?—A. I 
suppose so; to some extent. 

Q. The registrar hadn’t said anything to you?—A. Yes, sir; some cross words. 

(1 Who started it every time?—A. I couldn’t say exa(dly; possibly got up 
that I was the man—that I caused it. 

Q. Hiram, you were not registrar, of course?—A. No, sir. 

Q. You were looking at the registration from your viewpoint?—A. Yes, sir. 

Q. You were looking at it the way you would have done, being Republican, 
weren’t you?—A. Yes, sir. 

Q. And you didn’t know but what the registrar honestly, under his oath, per¬ 
formed his duty correctly as he saw it?—A. No, sir; I don’t know his mind. 

Q. Then you couldn’t say, not knowing his mind, that he acted corrurdly in 
any respect?—A. Well, if I was to say on that I would rather—I couldn’t say 
that I didn’t believe he did act wrong about it. 

Q. Did you say the registrar registered a single Democrat who couldn’t read 
and write ?—A. No, sir; did not. 

Q. You have never taken oath of a r(‘gistrar, have you?—A. No, sir. 

Q. Now, do you know the law of this State relative to the duties of the regis¬ 
trar, and do you know the oath taken by registrars of election?—A. I don’t 
know that I have ever heard one take the oath. 

Q. Do you say that you know the law applied to registration?—A. Well, I 
don’t know that I could say exactly that I know the law; of course, I have read 
it some. 

Redirect examination by C. R. Spicer ; 

Q. You do know, INIr. Phillips, as a citizen and man of common sense, that 
any officer is required to exercise the duties of his office impartially?—A. Yes, 
sir. 

Q. Did you think your registrar did that?—A. Don’t think he did. 

Q. Did you answer the foregoing question as Republican or as a citizen?— 
A. As a citizen. 

Q. Mr. I’ark asked you if you saw any Democratic women registered that the 
test wasn’t applied to; you didn’t get a chance to see them, did you?—A. No, 
sir; I didn’t see anyone registered any way, to the best of my recollection, that 
I knew to be a Democrat woman. 

Q. You observed, and information you have, the registrar went to the homes 
of the Democratic women where they could register them and apply the test in 
seclusion? 

(•Contestee objects to the foregoing question for the reason that it calls for 
lH‘arsay testimony and is therefore incompetent.) 

A. Yes, sir. 


CAMPBEI.L VS. DOUGHTON. 


687 


UtMjross-examiiiation by G. L. PxVrk : 

(J. Hiram, you stated under your redirect examination that you think Mr. 
Baker, the registrar, did not act impartially, or that he acted partially, as you 
think; now I will ask you if you will swear as a fact that he did act partially ?— 
A, No; I wouldn’t, as a fact; I was swearing from information a while ago. 

Q. Mr. Spicer, counsel for the contestant, asked you the question whether 
you were giving your opinion as to what might happen as a citizen or a Re¬ 
publican and you said in reply thereto “ as a citizen ” ; now I will ask you the 
question whether you were giving your opinion as a Republican citizen?—A. 
Well, to be sure I claim to be a Republican. 

Q. A.nd a very strong Republican?—A. Yes; I think so. 

Q. Now, you stated a minute ago that you were refused or did not have a 
chance to see any Democratic women registei’ed. I will ask you whether or not 
you were denied the right to see any registrants register?—xV. No, sir; was not 
denied. 

Redirect examination by C. B. Spicer : 

(}. The registrar didn’t tell yo,u that you should not see any?—xV. No, sir. 

(}. But he didn’t register them in a place where you were?—A. No, sir; he 
didn’t register any at polls that I saw. 

Q. xVnd at the t nie that the law provides for him to be at the polling place- 

A. No, sir; I didn’t see- 

(>. And at the place the law provides him to register? — A. No, sir; didn’t see. 

Uecross-examination bv G. L. Park : 

% • 

Q. You stated under your examination of counsel for contestant that Demo¬ 
cratic women were not registered at the place where you could see. Now I will 
ask you if you requested that of the registrar that he should not register any 
Democrats without your presence and whether or not you had been constituted 
by legal authority or otherwise to attend the registration of all applicants in 
your township?—-A. Had not. 

Q. Then you can not say that because votes* were registered out of your 
presence that the registration of such voters is illegal or was illegal, can you 
Hiram?—A. No, sir; can’t say that they was illegal, because I don’t know; 
wasn’t there. 

Redirect examination by C. B. Spicer: 

Q. Believe you said you were a minister?—A. Yes, sir. 

What is it the Bible says about deeds of darkness done in the nighttime?— 
A. The Scripture says, “ That which is done in .s*ecret shall be acclaimed upon 
the housetop and that which is done in the dark shall be brought to light,” I 
believe is about the quotation of it. 

Q- 1^0 you know the quotation rather than the light because their deeds are 
evil?—A. “And he that walketh in darkness cometh not to light lest his deeds 
should be reproved.” 

Q. Any other that you have in the same line would be acceptable.—A. Could 
take up several other quotatons but don’t think it worth while. 

Recross-examination by G. L. Park : 

Q. Hiram, you do not mean that all things that are performed in the night¬ 
time are sins and tainted with corruption, do you?—A. No, sir; didn’t say that. 

Q. You have gone out to your appointments as a minister of the gospel and 
preached at nighttime, haven’t you?—A. Yes, sir. 

Q. You were not committing sin by that act, were you?—A. No, sir. 

Q. You have performed your duties upon your farm at nighttime, haven’t 
you?—A. Yes, sir. 

Q. You were not corrupting the morals of your community or acting evilly 
toward your fellow men when you were doing so, were you?—A. No, sir. 

Q. You know of men who have performed service at nighttime who were not 
doing so corru])tly or in violence of law, don’t you?—A. No, sir. 

Q. Not all things that are done in secret or in the nighttime are corrupt or 
evil, are they?—A. No, sir. 

Q. Now, I will ask you that if Mr. Baker went and registered voters not in 
your presence either in the daytime or in nighttime, whether you can say that 
such was done with a corrupt intent and for a corrupt purpose?—A. Don’t know. 




688 


CAMPBELL VS. DOUGHTON. 


Q. Aiif^wer my question, yes or no, and then explain just as much as yon want 
to. 1 will ask yon if yon will swear that he did do that?—A. I would say no, 
because I don’t know concerning that. 

Mr. BAKP^R, registrar of Creston Township, recalled lirst time by the con- 
testee, testified as follows: 

Direct examination by G. L. Park : 

Q. Mr. Baker, you stated awhile ago that yon went to the homes of certain 
citizens or different citizens of yonr township and registered them. Now I will 
ask yon if you went to their homes and reg stored Democrats and Republicans, 
either or both; whether you went in the nighttime or daytime, if yonr going 
and registering these voters or registrants was done for the purpose of applying 
a diiferent test of literacy or otherwise to such registrants or applicants?—A. 
No, sir; it was not. 

Q. Did yon apply the same test to parties yon registered at their homes or 
parties who yon registered at your home or any other place than that of the 
polling place than what test you applied at the polling place?—A. I required 
the same. I was more lenient with them at the start. 

Q. Did yon refuse to permit anyone to he jn-esent when you registered any 
applicant?—A. No, sir; did not. 

Q. Did any Democrat, to your knowledge, in yonr precinct, raise any dis¬ 
turbance over election or politics during the period of registration, or while the 
election was being held?—A. I don’t remember of any exceiit Winfred Barr and 
Dr. Robinson had a few words. 

Direct exannnation by C. B. Spicer: 

Q. Who went with you at night when yon were out registering?—A. Believe 
I was by myself except one night Winfred Barr went with me. 

Q. Winfred is a Democrat isn’t he?—-A. Yes, sir. Visited Republicans; went 
off the road. 

, Q. Did yon register Thomas Gentry?—A. Yes, sir; believe he had ti’ansfer. 

Q. Did he vote?—A. No, sir. 

Q. Presented his ticket?—A. Yes, sir. 

Q. Republican ticket?—A. I don’t know that I looked at it. 

Q. He Republican?—A. That’s my understanding. 

Q. His name on registration book?—A. Yes, sir. 

Q. Why was he refused registration?—A. I understand he had a family either 
in Tennessee or Virginia. 

Q. He and his wife separated?—A. Yes, sir; I suppose so. 

Q. His wife over there and he living here?—A.’Yes, sir. 

.JOHN HOWEI.L testified as follows: 

Direct examina'tion by C. B. Spicer : 

(h What township do yon live in?—A. Walnut Hill. 

Q. What position did you hold with reference to election, Mr. Howell?—A. 
Poll holder and.jiidge. 

Q. Itepublican poll holder?—A. Yes, sir. 

Q. Did Avery Hurley vote in yonr township?—A. Yes, sir. 

Q. How did he vote?—A. Absentee. 

(h What ticket did he vote?—A. Democrat. 

Q. Did Pete Phipps vote?—A. Yes, sir. 

Q. How did he vote?—A. Democrat. 

Q. Tom Reeves vote?—A. Yes, sir. 

Q. ^’oted absentee or in person?—A. Absentee. 

Q. How did he vote?—A. Democrat. 

Q. Did yon hear Avery Hurley swear that he voted in person in West Jeffer¬ 
son Township, and his ticket was cast, absentee, in Walnut Hill?—A. Yes, sir. 

Q. He’s Democrat, is he?—A. Suppose so; yes, sir. 

Q. Yon helped to count out the evening of the election in Walnut Hill?—A. 
Yes. sir. 

Q Did yon find any congressional tickets in the box other than the con¬ 
gressional box?—A, Yes, sir. 

Q. How many?—A. Seven. 

Q. What box were they in?—A. In constitutional amendment box I believe. 

Ci. What tickets were they?—A. Two for Doughton and five for Campbell. 

Q. Were they counted and returned?—A. No, sir. 


CAMPBELL VS, DOUGHTON. 


689 


Q. Did you find any other congressional tickets in box other than the con¬ 
gressional box besides these seven?—A. Not any other congressional tickets. 

Q. Find any county tickets in box other than the county tickets?—A. Found 
one of the tickets. 

Q. It was counted, was it?—A. Yes, sir. 

Q. Did you insist that the seven votes be counted?—A. Yes, sir. 

Q. Why weren’t they counted?—A. I couldn’t tell you; they refused to count 
them—the registrar and Democratic judge. 

Q. Taking the vote that was canvassed and these seven votes that you found 
in the congressional box and adding them together, how would that correspond 
with the numher of voters that voted in your township?—A. I could hardly 
tell you ; poll l)ook ought to show. 

(). Is that a copy of the ])oll book that was kept there on election day, No¬ 
vember the 2d, 1920? [Shows hook to witness..1—A. Yes, s.r. 

Mow many names shows on that book to have voted?—A. Four hundred 
ami thirty-one, I believe, isn’t it? 

Q. Did Charlie Brooks vote?—A. Yes, sir. 

How did he vote?—A. By absentee. ’ 1 

Q. How did he vote?—A. Democratic. ! 

ii. Where does he live?—A. I think he lives in West Virginia. 

How long has he been out there?—A. I couldn’t tell you. 

Q. How long has he been away from here?—A. I couldn’t hardly tell you 
that. 

(). Have vou got anv idea?—A. No, sir; I haven’t. 

W as he away from here before the election?—A. Before this election? 

Q. Yes.—A, Oh, yes. 

Q. How long has he been away before the election?—A. I guess something 
like a year, I wouldn’t he positive; I don’t know. 

Q. What become of the certificates of the absentee vote?—A. Some of them 
throwed down, and some put in stove. 

Q, How many absentee votes in that township?—A. Somewhere from 15, 
20, or 25, I couldn’t state exactly. 

(}. No record kept showing who voted absentee and who voted in person?— 
A. Don't rememher whether there was or not. 

(,). Look at that poll hook and see if any record was kept showing how 
many voted absentee and who voted in i)erson. [Shows book.]—A. I don’t see 
any. Nothing in that book that shows. 

Nothing in that book that shows who voted absentee and who voted in 
person?—A. No, sir; I can’t tell it. 

Q. How many Kepublican absentee votes were there?—A. I couldn’t tell you 
that exactly. 

Q. Do you know about how many?—A. There were four or five, I guess; 
don’t know exactly. 

Q. Not over five, I believe you say?—A. Something like that; I dont’ know. 

Q. Tom Beeves; I believe you state he voted?—A. Yes, sir. 

i}. Where does he live?—A. In Virginia somewhere. 

(}. A married man?—A. Yes, sir. 

Q. How long has he lived out there?—A. I don’t know exactly; out there I 
guess somethig over a year. 

Q. Family with him?—A. Yes, sir; I think so. 

Q. Married out there?—A. Yes, sir. 

(j. Wife has never been here?—A. \es; he lived here once. 

(J. How did he vote?—A. Democratic. 

Q. Absentee I believe you state?—A. Yes, sir. 

Q Wasn’t there one more county ticket counted in that township than there 
were voters in the poll books?—A. I think so; I think that’s what they 
claimed. 

(}. They counted it?—A. Yes, sir. 

(()l)iection by contestee for the reason that the record is the best evidence 
and thsit the contestant has both the registration and the poll book and the 
record of returns of electon.) 

Q. That ticket, county ticket, found in box other than county box. Demo¬ 
cratic or Bepublican ticket.—A. Democratic ticket. 

Q. It was counted, I believe you said?—A. Yes, sir. 

57695—21-44 


690 


CAMPBELL VS. DOUGHTON. 


Cross-exuiiiiiiation by G. L. Park : 

Q. I believe you state tliat yon were one of the judges?—A. Yes, sir. 

Q. Of tbe election of 1920 and as such you were present all day on the day 
of election and in tbe room where the election was bein^ held?—A. Yes, sir; 
I went into little back room once. 

Q. You said that there were some 15 to 25 absentee votes cast and that you 
do not know exact number?—A. I wouldn’t state exact number. 

Q. And tliat you do not know the exact number of absentee votes but only 
apiiroximately?—A. Yes, sir. 

Q. Each one of these votes cast contained ticket.s of the voter together with 
a certificate did they not?—A. Yes, sir. 

Q. None of the tickets contained in the absentee vote had indorsed upon 
tlie margrin or the back of the ticket the name of the voter, did they?—A. No, 
sir; I think not. 

Q. Avery Hurley you say voted as absentee voter?—A. Yes, sir. 

Q. There was a challenj^e of his vote, was there not?—A. Yes. sir; he was 
objected to. 

Q. There was also a yomi!? man by the name of Plampton Blevins voted in 
your township?—A. Yes, sir. 

Q. Hurley was Democrat and Mr. Blevins Kepublican?—A. Yes, sir. 

(}. Ne ther tbe name of Hurley nor the name of Blevins was on the rej^is- 
tration book?—A. I couldn’t state about that. 

Q. Don’t you know that that was di.scussed there that day’'—A. No, sir; not 
with me. 

Q. Well, wasn’t it discussed that these boys had both served in the Un'ted 
States Army in the World War, and that both were practically in the same 
condition as to their qualification for voting, and one was a Democrat, and the 
other Kepublican. and that it was agreed that they should each vote?—A. No. 
s r; it was not with me. The first I knew of either name was when it was 
called out. 

Q. You contended that Hurley should not vote; did you?—A. Y'es, sir. 

Q. And that Blevins .should vote?—A. No, .sir. Wasn’t anything said about 
Blevins; nothing at all. 

Q. Y"ou say that Thomas Beeves voted an absentee vote?—A. Yes, sir. 

Q. I will ask you if you don’t know that Reeves claims this county and t(/wn, 
when his father there is, as bis real home, anti that he is only away working 
for some company, contractor, or .something?—A. He is working for some com- 
Itany, he claims back here his home. 

Q. You don’t know but what when Tom Reeves went away that it was his 
intention to return and that intention has remained in his mind all the while 
do you?—A. I do not know a man’s intention. 

i}. The only thing you do know is that he has been away for some while, and 
that he has been working down in Virginia .somewhere, and was not here on 
da.v of election.—A. No; he was not here. 

(p You say there was seven congressional tickets in the constitutional 
amendment box of which five were for Mr. Campbell and two for Mr. Dough- 
ton?—A. Yes, sir. 

Q. You requested that all of the.se seven be counted?—A. Yes. sir. 

Q. The other two poll holders decided that they should not be counted?— 
A. Yes. sir. 

Q. And overvoted you?—A. Yes, sir. 

Now, you say that (Charlie Brooks voted an absentee vote, and that he 
had been away from the county for some while, and that it had been something 
like a year s nee he had been in the county?—A. Something; I wouldn’t state 
positive. 

Q. Do you know that he does not consider this his home?—A. No, sir; I do 
not know. 

Q. I>o you know that at the time he went away from this county that it 
was his intention to return and that that condition of mind had existed with 
him and that he had never abandoned this as his home?—A. No, sir; I don’t 
know any man’s intention. 

(}. You stated under your examination in chief that there were 15 to 25 
absentee votes cast in your township; how many of these votes were chal¬ 
lenged’?—A. There wasn’t but one of these objected to: Avery Hurley. 

Q. Did all the remainder of absentee vote so cast without objection on the 
part of any of the poll holders or election ollicers?—A. Yes; as far as I know. 

Q. You had two poll books on the day of election in which you kept a correct 
record of the votes cast?—A. Yes, sir. 


CAMPBELL YS. DOUGHTON. 


691 


I><) you know vvliat l)ec}iiHo of this poll book on the day of or the nitiht 
of the election?—A. No, s r; do not; they claimed there was one missing. 

Q. It was claimed that one of the poll books disappeared that ni,a:ht.and 
couldn’t he found?—A. Yes, sir. 

(}. I w 11 ask you now if later you didn't hear that Mr, M, M. P)levins took 
the hook home with him?—A, That was report, all I know. 

Q. Mr. M. M. Blevins is llcpuhlican?—A. Yes, sir. 

(y And one of his sons was candidate for clerk of the sui)erior court in that 
election?—-'A. Yes, s r. 

(Attorney for contestee stated in open hearinji; that T was not his purpose 
in aslv ni;- fore.u:oinj; (lue.stion to intimate that INIr. Blevins stole the poll hook 
or did anything wrong concerning the poll hooks after he got it in his posses- 
s on.) 

(That contestee. tlirough his counsel, upon the statement heinj? made hy con¬ 
testant’s counsel. “Do you mean to charge ]Mr, Blevins with stealing the poll 
hook?” contestee’s counsel stated that he did not mean to charge that Mr. 
Blevins stole the hook and was mak ng any charge against Mi’. Blevins, hut 
that the fact proven speaks for itself.) 

C>. Mr. Howell, were there any amendment tickets found in the congressional 
hox':*^—A. I don’t rememher whether there was or not; I hardly hel.eve there 
was; I wouldn’t state positive unless I knew. 

(}. The congressional tickets and the amendment tickets are practically the 
isame size ticket?—A. Almost the same s ze. 

Q. You couldn’t state hut what they were exactly the same size?—A. No, sir; 
I could not. 

(}. Would it not have lieen possible for .some voter to have gotten hold of two 
congress onaI t ckets hy mistake when it was the purpose of the voter to vote 
properly in the congressional box and in the constitut onal amendment box?— 
A. It might have been possible. I couldn’t state as it was that way. 

Q. Nor you couldn’t state that it wasn’t?—A. No, sir. 

Redirect examination by C. B. Spicer: 

Q. It might have been possilile for some man to have placed them in there on 
purpose to keep from being counted for Dr. Campbell, mightn’t it?—A. It might 
have been and might not; couldn’t state positively. 

Q. Nothing you can base anything on?—A. No, sir; I couldn’t state some¬ 
thing positive I didn’t know to be a fact. 

Recross-examination by G. L. Park : 

Q. IMr. Spicer, attorney for contestant has not been asking questions of wit¬ 
nesses in your presence based upon conjecture, opinion, or hearsay, has he?—A. I 
haven’t been in here all the time. 

Redirect examination by C. B. Spicer: 

Q. The poll book that I asked yon about was the poll book kept there on 
election day, wasn’t it?—A. I think it was; yes, sir. 

Q. And those names that appear on it were the names that were placed there 
as each voter voted?—A. (Looks through book.) I suppose it was; there was 
clerks there that placed them on; I didn’t place them myself. 

Recross-examinat’on by G. L. Park ; 

Q. You state that you did not keep the poll book, therefore you are unable to 
state?—A. I mean clerks that kept the names. 

<h You didn’t put them on book?—A. The clerks did. 

Q. You couldn’t state positively that they are correct or incorrect, could 
you?—A. Not positively. 

]\I. 0. ROARK, register of deeds of Ashe County, recalled by contestant, testi¬ 
fied as follows; 

Direct examination b.v C. B. Spici:r : 

Q. That’s the certified copy of your record of the vote of the contestant and 
contestee, respective townships, is it not?—A. Yes, sir. 

Q. How many votes does your report show that the contestant received in 
AVahiut Hill?—A. One hundred and sixty-four. 

Q. And the contestee, R. L. Doughton?—A. Two hundred and sixty. 

Q. Have you got your books showing county vote in your township?—A. The 
record we had up here yesterda.v? Yes, sir [gets book]. 


692 


CAMPBELL VS. DOUGHTON. 


Q. Turn to your record of the vote for the sheriff of the county ticket in 
Walnut Hill T(>wnship for the year 1920. What does your report show that the 
^>emo^ratic sher'ff number of votes he received in Walnut Hill Township? A. 
Two hundred and seventy. 

Q. Kepublican?—A. One hundred and sixty-three. 

Q. That makes 433 votes, does it not?—A. Yes, sir. 

C}. Two more votes than the poll hooks show voted. What does the poll book 
for Walnut Hill—that the record for your office poll book?—A. Yes, sir. 

Q. What does that book show vote for Walnut Hill was for 1920?—A. Number 
is 431. 

Q. So there were two more votes in the county election for sheriff than there 
were voters, according? to the poll books?—A. Accordinj? to the records; yes, sir. 

Cross-examination by G. L. Pakk : 

Q. Mr. Roark, you do not know but that there were 433 voters voted in that 
election in Walnut Hill Township, do you?—A. No, sir. 

Q. The returns in your office, certifletl returns by the election officers of that 
l)recinct, show in that one election—that’s the election of the sheriff—that there 
were 433 votes cast, does it not?—A. Yes, sir. 

Q. And you can’t swear but what there were 433 voters casting votes in that 
election, can you?—A. No, sir. 

Q. Do you know how many voters were registered in Walnut Hill Township 
for the election of 1920?—A. I do not. 

Q. You have never examined to see how many men registered in that town¬ 
ship?—A. Don’t think I have. Let me explain just a moment. I think I went 
over one or two of the poll books, but don’t remember the townships. 

Q. It is possible that in the keeping of the poll books of any precinct that some 
clerk may not take down the name of the voter.—A. That could be possible, of 
course. 

Q. Rut isn’t it probable, so many voting and so rapidly?—A. Well, very 
likely it might he done; in keeping two polls I wouldn’t think that it should 
occur. 

Q. Would .vou mbid looking up the number of registered voters on the reg- 
istrafon book for Walnut Hill; give me the information desired later?—A. 
No, sir: I will do that. 

Redirect examination by C. R. Spicer : 

Q. IMr. Roark, while you are on the stand, is that the record of your office?— 
A. Yes, s’r. 

Q. What does that show to be?—A. Poll book of West Jefferson, 

Q, Turn to the voter 161 for the year 1920, November 2, and see who that 
is.—A. N. 161 shows to be Fields Hardin. 

Q. Turn to No. bTl, please, sir, and see who that shows to be.—A. No. 571. 
Fields Hardin, 

(}. Is that under the absentee—is the absentee and personal vote separated?— 
A. It doesn't sIp-*" " hether it is absentee or personal, as far as I can discern. 

Q. Is there anyrhing in that book that shows indication of whether a man 
voted absentee or in person?—A. I don’t discern anything. 

Q. Take that hook—’is that record of your office?—A. Yes, sir. 

Q. AVhat is it?—A. Poll book for Jefferson. 

(^, What ,vear?—A. 1920. 

O. Turn to voter No, 580 and see who that is, please sir.—A. No. 580 is 
C. R. Houck. 

Q. Is that in absentee vote?—A. Yes, sir. 

Q. Shows that is voted absentee?—A. Yes, sir. 

Q. What is that, report of your office?—A. Yes, sir. 

Q. What record is it?—A. Old Fields poll book, 

Q. What year?—A. 1920. 

Q. Turn to voter 595 please, sir.—A. No. 595 is C. R. Houck. 

Q. That in absentee or voted in person or is it indicated?—A. Says “By 
mail ” on the record. 

Cross-examination by G, L. Park : 

Q. INIr, Roark, on record that you had just a minute ago, poll book for West 
Jefferson, at No. 161 .you sa.v that Fields Hardin’s name appears, and that at 
No. 571 you say Fields Hardin’s name appears?—A. I don’t recall the number. 
His name appears twice. 


CAMPBELL VS. DOUGHTON. 


693 


Q. Take the book and see if you are not mistaken.—A. Nos. 161 and 571 is 
right. 

Q. Do you say that that record shows to be one and the same voter?—A. I 
do not. Book shows tliat both are Fields Hardin, but I couldn’t say whether 
same man or not. 

Q. On i)oll book of Jefferson at 580 you say the name of C. B. Houck appears 
on Old Fields poll book at 595?—A. Couldn’t state positively as to number. 

Q. Look and see if right.—A. No. 580 is correct. 

Q. Appears the name of C. B. Houck? Now, ^^lll you state that they are one 
and the same person?—A. No, sir; I could not. I could sav I only know one 
€. B. Houck. 

Q. You,would not say that there are not more than one C. B. Houck in the 
county?—A. No, sir; I could not. 

(,}. Neither can you say for whom that vote was cast.—A. No, sir. 

Q. Neither can you say for whom Fields Hardin’s vote was cast.—A. No, sir; 
I could not. 

(}. Neither could you say that the name was correct?—A. No, sir. 

Q. There are a number of Hardins in West Jefferson Township aren’t there?— 
A. I suppose; I don’t know. 

{}. There are a number of Houcks in Jefferson Township and in Old Fields 
Township aren't there?—A. There are a few in Old Fields and some in Jefferson 
also. 

Redirect examination l)y C. B. 8ricp:R; 

Q. Take this, that record of your office?—A. Yes, s'r. 

Q. What is it?—A. West Jefl’erson registration book. 

For what year?—A. 1920. 

Q. Turn to the H's, see if you find the name of Fields Hardin refjistered one 
time or moi’c than one time.—A. I find Fields IVI. Hardin one t me in West 
Jefferson precinct. 

Just one time?—A. One time only. 

Q. Just one Field M. Hardin on that register?—A. Yes. sir. 

Q. Didn’t find any Hardin at all just by Fields?—A. No, sir. 

Q. Take that, that the record of your office?—A. Y^es, sir. 

Q. What is it?—A. Old Fields registration book. 

Q. 1920?—A. Yes, sh*. 

Q. Turn to the FI’s thei-e and see if you find the name of C. B. Houck regis¬ 
tered?—A. Yes, sir; I find C. B. Houck. 

Q., What was his age?—A. Twenty-one in 1918. 

(}. Registered 1918?—A. Yes. sir. 

Q. What is his post office?—A. Appears here under Todd, dittoed. 

(}. What time in 1918 was he registered?—A. lOth and 26th. 

Q. October 26. 1918?—A. Y>s, sir. 

Q., What’s that?—A. Jefferson registrafon book. 

Q. What year?—A. 1920. 

Q. Turn to letter H and see if you find name of C. B. Houck in there.—A. Yes, 
sir; I find C. F>. Houck. 

(i. When did be register?—A., Is dittoed under the 4, 28, 1917. 

Q. Ai)ril 14, 1917?—A. Yes, sir. 

(}. M'hat was age given there?—A. Twenty-one. 

Recross-examination by O. L. Park ; 

Q. The name and registi’ation of ages show difference?—A. Yes, sir. 

Q. Show to be different men, do they not?—A. Show different date, as far as 
I can tell, only. 

Q. Show different age?—A. Y>s; different date in registration. 

Q. And .vou can not now swear that it is the same one, can you?—A. No, sir; 
I could not. 

Q. If the record be correct, then, they are different men, aren t they; record 
of registration?—A. It seems that they would have to be. 

Q. The record of registration is made by an officer, is it not; registrar of 
elections; registration books is made by registrar of election?—A. They 
should be., 

Q. The poll books are usually kept who if the election can get to act as 
clerk?—A. Yes, sir. 


694 


CAMPBELL YS. DOUGHTON. 


Pedirect examination l>y C. B. Spiceu : 

Q. Wliat is tJm i)oiitical ('oini)lexion of all the re^stnirs of election who reiiis- 
tered voters for the election held Novemher 2, 1020?—A. I don’t know that I 
understand what yon mean hy coavplexion. 

Q. What's their politics?—A. I don’t know the rep- strants personally, not all 
of them; on the information that T have they are all Democrats. 

Q. Have yon heard for many years of a Ilepnhlican actin.u’ in Ashe County 
as re^iistrar for jjeneral election?—A. No, .sir; don’t know that I have. 

Becross-examination hy G. L. Pai;k : 

Q. Mr. Uoark, the contestant has had A. F. Bose, the i‘e,uistrar in attendance 
here as w tness this week and he is now in the courtroom, isn’t that a fact?— 
A. I thiidc I see him; yes. sir. 

(Upon the question pi’oiiounded hy contested to witness and his answer 
thereto, coun.sel for contestant says that the question embraces different ques¬ 
tions and requests of the witnetss to know or to state that Alex K(’se has not 
been a witne.ss or that he does not know that said Alex Bose has l)een under 
suhptx^na' as a witness for the contx'stant durini; this week, whereupon con- 
testee’s attorney states to contestant’s attoiney, “ If you w 11 make this state¬ 
ment in the record that Alex Bose has not been a witnes's for contestant and 
under snmmons,” that contestee will w thdraw his (piestion.) 

B. B. GBAYBEAL test tied as follows: 

Direct examination hy C. B.. SricEu: 

(}. You know Fields Hardin?—A. Yes, sir. 

Q. He lives in West Jefferson Townsh ])?—A. Yes, sir. 

Q. You live in West Je'fferson Township?—A. l^es, sir. 

Q. How many Fields Hai'dins are thei’e in West .Jefferson Township?—A. I 
only know of one. 

Q. How lonjj have you lived in West Jefferson Township?—A. Twenty-six 
years. 

Do you know C. B. Houck?—A. Yes, sii'. 

Q. Whe)-e ‘s he now?—A. Trinity Collette I think. 

Q. Preparint; to he a minister of the gospel?—A. I think so. 

Q. Was he at any time at Jefferson?—A. Spent two or three years in .school 
here at .Jefferson ; don’t kmuv exactly. 

Q. Where did he come from when he came to Jeffei'son?—A. Tn Old Fields 
Township. 

Q. Todd post office?—A. I think so. 

Q. You know Avery Hurley?—A. Yes. sir. 

Q. 1) (1 you ever have a conversat'on with him about voting at general elec¬ 
tion held Novemher 2, 1920?—A. I did. 

(^. What did he tell yon with reference to vofng in West Jelfer.son Township 
ami Walnut Hill Tqwnsliij)?—A. He said that he was in West Virgin a pr or 
to the election and received a ticket from Pine Barker to he filled out and 
sent in and that he filled out the ticket and returned it to Ihne Barker, and then 
a few, da.vs decided to come on and that he came to M'est Jefferson, (uie or 
two days before the election got there—I think the day before—on the day of 
election he voted in i)erson at West Jefferson. 

Q. I‘ine Barker was registrar for Walnut Hill Township?—A. 1 think so. 

(>. AMiat is Fields Hardin’s i)olit cs?—A. He’s a Democrat. 

Q. What is C. B. Houck’s politics?—A. 1 couldn’t swear as to what his poli¬ 
tics are, hnt his family is Democratic. 

Q. f\’hat is Avery JJui-ley’s politics?—A. He’s Democrat. 

(h-oss-exam nation hy G. L. Park; 

(J. Did Hurle.v tell you when he presented himself for vot ng that he 
stated that he had mailed his vote, and rexpiested to know if the vote had been 
I'eceived, stating that he mailed the vote to A. P. Pai'ker?—A. I do not reinem- 
bei- that he did at that t me. 

(.}. Did he. at any other time, tell you that he did that?—A. I don’t remember 
whether it was he did, or his father that told me that he did that. 

(h You don’t know how C. IF Houck voted or that there are not two C. B. 
Houcks?—A. I don’t know of but one. 

Q. Would you say there was not but one?—A. No. sir; I would not. 

Q. Bermn-d, you were acting as clerk of the election at West Jefferson, 
wasn’t you?—A. Yes, sir. 


(’AMPBELL VS. DOUGHTON. 


695 


(}. Your UiK'lo Arthur was Uepuhlicaii .1iul"e of oloction?—A, Yes, s’r. 

Q. When the ticket or vote of Fields Hardin was i)resented I will ask you 
now if A, F. Hose, the rejtistrar, and Cal Green. Denioeratie .iud^e, d d not 
state tluit aeeoi'd 11 , 1 ; to their recollection Fields Hardin had vote<l, and that 
upon their so statinjj your Uncle Arthur stated that he had notV—A. I don't 
reineinher that they did; no, sir. 

Q. I will ask you if you didn’t state that he had not voted?—A. Not that I 
reineinher. 

(). Will you say you didn’t?—A. No, sir; I didn’t sa.v T didn’t. 

Q. Ne ther your nor your uncle discovered that if he voted twice and raised 
no ohjecUon?—A. No, sir; we did not that I reineinher anything about at all. 

Q. Neither would you .state that the Fields Hardin whose name appears has 
been testified to here was the same person, would you?—A. No, sir. 


P:. F. TIHVETT testitied as follows: 


Direct examination by C. B. Spicer: 


Q. What township do you live in?—A. Old Fields. 

Q. Do you know C. P>. Hiuick?—A. I don’t know him personally. 

Q. Know of him?—A. Know of b in. 

Q. Where is he now?—A. It is my information, off in school. 

Q. Trinity College?—A. Don’t remember about the name of it. hut when 
the (piestion come up about election up there, sahl he was off at school. 

Q. Is that the only C. B. Houck there is in your township that you know of?— 
A. As far as I know it is. 

Q. How did he vote?—A. Democrat. 

Q. By absentee?—A. Yes, sir. 

i). How many ah-sentee votes were there in your townsh p?—A. I think 
there were 38; thats’ the best of my recollection. 

Q. How many Itepuhlicans?—A. Ten. 

Q. How many Democrats’.-'—A. Ilemainder; 28 of them, I think, were Demo- 
(*rats; there was one mixed, I think; mainly Democrat. 

Q. Voted for JMr. Doughton or Mr. Campliell?—A. I don’t remember as to 
that; wouldn’t say. 

Q. I>id J. P. Houck vote?—A. Yes. sir. 

Q. How did he vote?—A. Democrat. 

Q. J. C. Goodman vote?—A. Y^es, sir. 

Q. How did he vote?—A. Democrat. 
i). John Tracy vote?—A. Yes, sir. 

Q. How did lie vote?—A. Democrat. 

Q. W. M. Burkett vote?—A. Y^e^, sir. 

(). How did he vote?—A. Democrat. 

Q. Did Sam AVilc*ox vote?—A. I don’t remember as to that. 

Q. And Mr. Stevens, wasn’t he refused on account of poll tax?—A. Y"es. sir, 
(}. He is Kepuhlican, isn’t he?—A. Well, I don’t know; those Steven.ses are 
Kepublican, those I know; not but few up there. 

Q. All Kepuhlican?—A. As far as I know; never heard of Democrat. 

Q. He was a .soldierj'—A. Yes, sir. 

(}. You know how long he had been hack from the camp?—A.. Not long: 


stated he had lieen hack just a short time. 

Q. What become of the certificates, absentee certificates, after the election?— 
A. Kegistrar kept them; put them back in his pocket; didn’t know what he 

did with them, . . 

Q. Was the educational test put to the registrants in that township, required 
to reail and write to register?—A. A few of them were; I was present up there 
for a short time on one Saturday and the test was put to what registered at 

that time. , . . t. 1 

(>. That a Democratic precinct or Kepuhlican precinct?—A. Give in Kepuh- 

li('an majority this last elect.on. 

(’ross-examination by G. I^. Park: 

(}. Mr. Trivett, your townshij) gave a very small Kepuhlican majority the 

last elec'tion?—A. About 60 to 65. , ^ 4 . c. 

O You stated under voiir direct examination that the educational test was 
aiiplied to what applicants applied for registration that you saw Now, I will 
ask von if vou know that it was not applied in every instance; that you know 
it was not applied?—A. No. sir; I don’t know except the information. 

Q. YTni are not the registrar?—A. No, sir. 


696 


CAMPBELL VS. DOUGHTON. 


Q. And yon did not take the oath of a registrar in your township?—A. No, 
sir. 

Q. You said that C. P>. Houck, the one you knew of, voted an absentee voter’s 
ticket?—A. Yes. 

(}. (’an you swear th.at there are not two C. B. Houcks in Ashe County?—A. 
No. 

Q. AVould you swear tliat the C. B. Houck who voted in Ohl Fields Township 
was the same C. B. Houck wlio voted in Jefferson Township?—A. No, sir. 

Q. You state that tliere were about 38 absentee votes cast; I will ask you Iiow 
many of those were cliallenged.—A. I don’t recall any now except C. B. Houcks. 

Q. AVho challenged C. B. Houck?—A. I think I did it myself. 

Q. And you wei'e one of the judges of election, and of course you voted for 
him not to be permitted to vote?—A. Yes, sir. 

Q. You stated upon your direct examination that the absentee vote was 
accompanied by certificates, and that the registrar put the certificates or en- 
veloi)es back in his pocket; that’s true?—A. Yes, sir. 

Q. The ballots were in the envelope with the certiticates?—A. Yes. 

Q. In each instance?—A. Yes, sir. 

Q. I will ask you now how many of those votes, if any, had indorsed either 
upon the margin of the ballot or upon the back of the ballot the name of the 
voter?—A. I don't recall having seen any. 

(}. You said that Mr. Stevens was challenged by some one for nonpayment 
of poll taxes. AA’ell. was it a fact that he had not paid his poll taxes?—A. 
Tliat’s what he said. 

Q. He didn’t vote when he made his statement that he hadn’t?—A. No, sir. 

Q. You didn’t vote or request that he be permitted to vote?—A. No. sir; I 
did not; said he had been in the Army and understood that soldiers were not 
compelled to pay poll taxes. Told him I didn’t know; as far as I was con¬ 
cerned he was entitled to vote. 

B. L. DICKSON testified as follows; 

Direct examination by C. B. Spicer ; 

Q. Bob. you were the Republican judge at the last election, were you?—A. 
Yes, sir; in Jefferson Township. 

(). Did O. C. Dickson vote?—A. Yes, sir. 

(}. How did he vote?—A. Democrat. 

(>. Did F. H. Neal vote?—A. Yes, sir. 

(}. How did he vote?—A. Democrat. 

Q. Did Iildwin Foster vote?—A. Don’t remember about Edwin. 

Q. AAliat’s his pol’tics?—A. I couldn’t say. 

(). Did Lon Reeves vote?—A. A^es sir. 

Q. How did he vote?—A. Democratic. 

(}. Dave Sexton, did he vote?—A. I couldn’t say about those Sextons, for 
some of tbe’r names I don’t remember. 

O. Geoi-ge Bowel’, did he vote?—A. Yes. 

(}. How did he vote?—A. I couldn’t say as to that. 

(). AA’hat’s his politics, do you know?—A. AA>11. always been understood that 
it was Democrat. 

Q. AAdll AA'eaver. d'd he vote?—A. A"es, sir. 

D. How did he vote?—A. Democrat. 

Q. Monroe Bare, did he vote?—A. Yes; there was a Monroe Bare voted. 

(). How did he vote?—A. I don’t remember. 

Q. Y’hat was his polifcs?—A. I couldn’t tell you. 

Q. C. B. Houck voted absentee?—A. Well, I think .so; I wouldn’t be positive 
about that; there were a good many ab.sentee votes. 

O, He voted Democratic, didn’t he?—A. Yes, sir. 

Q. Did Steve Aliller vote?—A. A'es, sir. 

Q. How did he vote?—A. I don’t know. 

(). What are his polit’cs?—A. I don’t know. 

(). Donald Shatley vote?—A. I don’t remember as to Donald. 

Q. Did Mathew Sheets vote?—A. I don’t reihember about Sheets. 

Q. Did Guy Badger vote?—A. Y’'es, sir. 

Q. How did he vote?—A. Democratic. 

O. Ed Testerman?—A. I don’t rememher about Testerman. 

Q. Did James P. Colvard and wife vote?—A. Y'es, sir. 

Q. How did they vote?—A. Democratic. -. 


CAMPBELL VS. DOUGHTON. 697 

Q. How Ions has he been back to this State?—A. I don’t know; just couldn’t 
tell exactly liow Ions. 

Q. What is your information how Ions lie has been back?—A. Well, as near as 
I could suess, it would just be swesswork with me as to that, but he was back 
here in the sprins, probably in the winter of 1920. 

Q. How Ions liiiO he been away from this State?—A. I don’t remember how 
Ions. 

Q. Married away from here?—A. Yes; that’s my understandins. 

Q. H:s wife voted, too?—A. Yes, sir. 

(]. Did K. A. Duvall vote?—A. Don’t think he did. 

(.}. Sol Penninston, did he vote?—A. Don’t remember. 

Q. \\ illie Rare, brother to Monroe Bare, did he vote?—A. I don’t remember 
about Willie votins; probably he misht have done it. 

C^. Did Bessie Reeves vote?—A. Yes, sir. 

Q. How (Ld she vote?—A. Democratic. 

(}. Did Emmet Bullins vote?—A. I don’t remember whether he voted or 
not. 

Q. You know his politics’?—A. No, sir, 

(2. Did .lohn Burkett vote’?—A. Y"es. sir. 

c}. Vote absentee?—A. Yes, sir. 

C^. How (lid he vote?—A. Democratic, 

Q. Is he a married man or sinsle man?—A. Yes, sir; at least at that time. 

Q. Where did his father live at that time’?—A, Virsinia or Tennessee, near 
Bristol, so he told me. 

(}. Did Tom Parsons vote?—A. Don’t remember that he did. 

(}. Did Will Pennington vote’?—A. I don’t remember. 

Q. Walter Stringer vote’?-—A. I don’t remember as to him, 

Q. What is his politics?—A. I don’t know. 

(,]. M'hat is he reputed to be?—A. I couldn’t tell, only hearsay. 

•Q. What’s the hearsay? 

(Objection by contestee for the reason that the question calls for hearsay 
testimony and therefore incompetent.) 

A. Democi-atic, my information. 

Q. Did F. Marion Woodie vote?—A. Y^es, sir. 

Q. How did he vote?—A, Democratic, 

Q. What was his mental condition at time of election?—A. I don’t see the 
man, but lie is in very poor health. 

Q. What was your information and understanding as to his mental con¬ 
dition ? 

(Objection by contestee for reason that the same calls for hearsay testimony, 
the witness having stated that not seen Marion F. Woodie for some time and 
that he did not know his condition, but it was understood that he was in bad 
<or feeble health.) 

A. I have been informed that he was in bad shape ; his mind kindly rattled; 
that he was kindly off at time, most all the time, was about all I knew about it, 

(^. Plow many absentee votes cast in .Tefferson precinct?—A. Don’t remember 
exactly; there was 55 or 56, somewhere along there, as well as 1 remember; 

1 knew at the time. 

(h Plow maany of these Ptepublican?—A. Two or three, as well as I re¬ 
member. 

(p You know what become of the certificates?—A. No, sir; I do not. 

Q, Did .Jonah Stanley vote absentee?—A, Yes, sir. 

Q. Plow long has he been away from this State?—A. Well, I don’t know; I 
saw him loading to move away seems like about a year ago this spring; wouldn’t 
be positive as to that. 

(p Took his family with him?—A. I suppose he did; said he was moving 
away, going to Virgin’a. 

(P Do you know W. F. Eller?—A. Yes. sir. 

(P Did he vote?—A. I think so. 

(}. How did he vote?—A. I couldn’t say how he voted. 

(J. And his family, Mary P]ller, Elizabeth Plller, Ida Eller, all; did they 
vote?—A. All voted; I don’t know how. 

(p Do you know how long they have been back in the State?—A. No, sir; I 
do not. 

Cro.ss-examination by G. L, Park: 

Q. You were one of the judges of election at the election held in .Jefferson 
Township?—A. Yes, sir. 


698 


C’AMPBELL VS. DOUGJITON. 


Q, And you suy there were nl)out >^0 <>r uG al>J>entee votes cast; 110 clialleiiges 
made to any of them, were tliey?—A. No, sir. 

They were all voted hy common consent and agreement of the board of 
election?—A. Yes, sir, 

ii. Yon mean to say when you state that there were oH or 06 absentee votes 
cast that this included not only the absentee voter but the sick and feeble 
voter wlu) could not attend but were ])rcsent in the townsij)?—A, Yes. sir, 

(^. Each i)re('inct. there is difference there; each prec net voter signed a 
certificate and sent with their tickets or ballots and were included in the same 
envelope with the tickets; certificates, I mean, were included?—A, Y"es, sir, 

(}. None of the ballots had indorsement on the margin 1 ne or upon the back 
of the ballot of the name of the voter?—A, None that I noticed; didn’t see any¬ 
thing, 

Q. Each of the votes cast by those who were unable to attend election be¬ 
cause of sickness had eithei’ a doctor’s certiticate or an affidavit made before a 
magistrate, did they not?—A. I think so. as well as I remember. 

Q. There wei’e a number of cballenges made before election by some member 
or representative of the Itepublican I’arty before tbe day of election, were 
there not?—A. I suppose so. 

Q. And some challenges made by some Democrats?—A. I suppose so. 

(,). And upnn election day it was agreed by tbe election board that all chal¬ 
lenges should be withdrawn and all voters vote.—A. No, I don’t think all; I 
think we had an agreement as to some. 

Q. You agreed to let Jim Colvard and bis wife vote?—A. I think so. 

Q. And you agreed to that?—A. Yes, sir. 

(J. And there were others challenged who voted by agreement?—A. Of course, 
where they voted we agreed on it. 

(). All the votes that were cast you agreed upon?—A, Yes, sir, 

Q. You say that Bunk Eller. Lizzie Eller, Mary Eller, and Ida Eller all 
v(ffe<l?—A. That’s my recollection. 

Q. (’an you state that Bunk Eller and his family ever left this State with 
intention to remain away?—A. No, sir; I can’t. 

(}. Isn’t the truth of the matter that they went away to make some money 
to l)uy a little home, and did l)uy a little home?—A. I don’t know. 

(). It is a fact they made money and bought a little home down here?—A. I 
understand they got the home. 

(L (’an you state that they even had in mind the abandonment of this State 
and this townshii) as their residence and home?—A. No, sir. 

(L It is true that a numl)er of our pc'ople go to West Virginia and other 
po uts primarily for the purpose of W 4 )rking and making some money?—A. 
Yes, sir. 

(). It is a further fact that most of those who go. after rema’ning away, 
some a short time and others a longer, that they do return?—A. Yes, sir. 

Q. Then you will not say that W. F. Eller and wife and two daughters were 
not legally entitled to vote?—A. No, sir. 

(L You were asked by iNIr, Spicer on your direct examination if Jim Colvard 
and b s wife had not l)een away and if they voted and if (Affvard and wife 
were not married while away from here. Now. I will ask you if. after (,’olvard 
and his wife were married, the.v came here and lived here in Mr. AVaddell’s 
house a while in IMr. Thomas’s house for a while, and rema'ned in the home 
of his father for a while, some two or three years or more before he presented 
him.self for voting at the last election?—A. Well. I would like to explain just 
a little. He inarriHl and came back here for a while and went away again. I 
don’t I’emember how long they stayed here when they ffrst came back, but I 
know they were here. 

(j. They were here for some time, weren’t they —A. Yes; I think so. 

(L After Colvard was here for quite a while he went away and remained 
away alone for a considerable time before his family was?—A. Yes; I think 
that’s right. 

Q. Now, you do not mean to say that (’olvard had abandoned this as his 
home and residence?—A. No, sir. 

(}. You do not say that he and his wife were legally entitled to vote?—A. 
No. sir; I do not. 

(}. The fact is that as an election officer you believed and so acted as to be¬ 
lieve that he and his wife were entitled to vote?—A. Yes, sir. 

(J. Now, John Burkett’s father had moved to Virginia or Tennessee?—A. 
Yes, sir. 


CAMPBELL VS. DOUGHTON. 


699 


Q. you say that .lolui moved?—A. No, sir. 

Q. The truth of the matter ’s that Joliu remained here and tau^rht sehool 
after Ids i)eo])le moved awa.v ; is that so?—A. I don't know as to his teachin. 12 ;. 

C}. Don t .von know tlmt he taujtlit over in the IKekson settiement last winter, 
a year ajxo?.—A. Yes. sir. 

Q- .von know that lie had his thinirs, personal etfeets, down here at his 
jrrandfather’s, at Ids Uncle Tom’s?—A. That was*my information. 

(^, And had that informat on in mind when his ballot was presented for 
castinir; as an election otlicer you helii'ved he was entitled to vote?—A. Yes, sir. 

(}. You did not oh.iect to IMarion ^Voodie’s'vote, did you?—A. No, sir. 

(,). And of your own i)ersonal knowled,ite he had been a citizen of Aslie C’ounty 
and Jetferson Township for almost a half century, hadn’t he?—A. Yes, sir. 

(>. And of your own p'vU'sonal knowledge you do not know hut what at the 
t me his vote was mailed that he had suttlcient intellijtence to know what he 
was doinji?—A. No, sii-; do not. 

(}. He had been a life-ion^: Democrat and was lietween 80 and 100 years 
old, hadn’t he?—A. Yes, sir, 

(). And he voted the .same way this time that he had always voted since you 
knew?—A. Y'es, sir. 

Q. You consented as an election otlicer to the vote of Jonah Stanley?—A. 
Yes. sir. 

(}. You consented as one of the election officers, hold'np: tlie election of 1920, 
to permit and allow, without oh.jectOn, Walter Strintrer, Will Penninijton, Tom 
I'arsons. Emm''t Penninjiton. liessie Reeves, Willie F»are, (xipy Badger, Mathew 
Sheets, Steve IMullis, C. B. Houck, IMonroe Bare, WaUer Weaver, George Bower. 
Lon Reeves, Edwin Foster, F. H. Neal, and G. C. Dickson?—A. Yes; if they all 
voted, I did. 

Q. If I>onald Shatley, Ed Testerman, R. A. Duvall, and Emmet Pemungton 
voted, .vou agreed to their casting their votes?—A. Yes, sir. 

Q. Who handled congressional tickets and tended the congressional box?—A. 
Mr. Witherspoon, registrar. 

Q. You know, or rather you do not know, how many of the voters voted in 
the congressional electmn?—A. No. sir. 

Q. You assisted in the counfng out of the votes after the polls were closed, 
did .vou?—A. Yes, sir. 

Q. Thei'e were some votes for Mi*. Doughton and IMr. Campbell found in the 
amendment box when the count of this election or box was made?—A. Yes, sir. 

Q. M’hat was done with the tickets for Mr. Campbell found in the amend¬ 
ment box?—A. Well, they were taken care of till we got through with the 
amendment box. then they were added to Mr. Doughton’s and Mr. Camphell’s 
votes. 

Q. Do you remember which number of votes was the larger—Campbell’s or 
Doughton’s—in the amendment box?—A. I don’t; it .lust strikes me that they 
were the same of each ; I know we had something like that up; I don’t remem¬ 
ber ; wouldn’t say for sure. 

Q. So far as you know and in your judgment was the election held fairly 
in Jeffer.son Township on November 2, 1920?—A. Yes, sir. 

Q. You were the Republican judge?—A. Y^es. sir. 

Q. And memlier of the hoard of election for Jefferson Township?—A. Y>s, sir. 

Redirect examinafon by C. B. Sptcek : 

(). Those precinct certificates, were they on a white paper like this?—A. I 
think so. 

Recross-examination h.v G. L. Pakk : 

Q. You will not he positive what kind of paper?—A. No, sir. 

( 5 . Blit yon know that cerfficates accompanied the votes?—A. Yes, sir. 

J. D. BAKER te.stified as follows: 

Direct examination h.v C. B. SncEu: 

Q. You were the Republican poll holder of Pine Swamp election held Novem¬ 
ber 2, 1920?—A. Yes, sir. 

Q. Did Eh Atk’ns vote?—A. Yes, sii*. 

(). How did he vote?—A. Democratic, 1 think. 

(}. Did John Greer vote?—A. Yes, sir. 

(i. How did he vote?—A. I am not positive. 

Q. What is his iiolitics?—A. He usually votes Democratic. 


700 


CAMPBELL VS. DOUGHTON. 


Q. W. E. Cliiircii, (lid he vote?—A. Yes, sir. 

Q. How did he vote?—A. Democratic, I think, 

Q, Did yon see Ids tax receipt in the hooks that day?—A. Yes, sir, 

Q, W. H. Teagne, did he vote?—A. Yes, sir. 

Q. How did he vote?—A. Democratic. 

Q. Yon saw W. E. Church’s tax receipt for the slieriff’s tax in the year 
1919?—A. Yes, sir. 

(}. Andrew lYague, did he vote?—A. I tliink he did. 

Q. How did he vote?—A. Don’t remember. 

Q. What’s liis politics?—A. Votes botli ways; don’t remember which way. 

Q. Ira Teague, did he vote?—A. Yes, sir. 

Q. How did he vote?—A. Democratic. 

Q. W. W. Goodman, did lie vote?—A. Y>s, sir. 

(}. How did he vote?—A. Democratic. 

Q. Frank Friesland, did lu:! vote?—A. I don’t remember Frank, 

Q. What’s his politics?—A. Couldn’t say that,, 

Cy Walter .Tohnson, did he vote?—A. Voted absentee. 

Q. How did he vote?—A, Democratic. 

Q. How many absentee votes were there out there?—A. According to infor¬ 
mation I got from poll book there was 14; the best I got it up. 

(y How many of these were Republicans?—A. Four, the best I could get 
it, rememher, 

Q. You know what become of the certificates?—A, No, sir; do not; the 
registrar said he was going to hold them for six months; suppose he has them. 

Q. Did you challenge any people out there on regulai* challenge day?—A. I 
did not on challenge day. 

(}. Did you challenge anybody on election day?—A. Yes, sir; I didn’t find 
anybody tJ at I thought was an illegal-v(4er i-esident; went over book closely 
that I n inember of; both parties agree'd that there would be no challenging on 
that day. 

Q. What became of the challenges that you entered on electicn day?—A. I 
couldn’t say. I asked the clei’k that was entering names on poll book to have 
the challenges (►pposite the name on the poll book, the woi’d challenge after the 
name. 

(}, Were they voted?—A. Yes, sir; they voted. 

Q. What were they challenged for?—A. Not paying poll tax('s. 

Q. List of these ones I have given you?—A. Yes, sir. 

(’ross-examination by G. L. I’akk : 

Q. Then you challenged Ed Atkins, .Tohn Greer, W. E. Church, W. H. Teague, 
Ira Teague, W. Goodman, and W. AV. Goodman on the day of election?— 
A. Yes. sir. 

Q. You were the Republican .judge and member of the hoard of elecfon of 
your township?—A. A>s, sir. 

Q. And, of course, when the challenges of each of the voters named in the 
foregoing were heard you voted against ])erniitting oi- allowing the vote to be 
cast?—A. Yes, sir. 

Q. The names mentioned in the foregoing (piestion appeared on the registra¬ 
tion books on challenge day, did they not?—A. I think they did. 

(h And at that time you did not Ix'lieve or see fit cause for (*hallenge of these 
voters?—A. No, sir; because I did not know that they had not paid their poll 
taxes at the legal time. 

Q. Now, I am going to ask you if you know that their poll taxes had not 
h(‘en paid or the money tendered for the paynumt of their ])oll taxes before the 
1st day of May, 1920?—A. Do not know. They said they hadn’t paid their 
taxes, four of them. 

Q. I will ask you if it was not contended and that the voter did not state 
tliat the money had l)e('n tcmdered for the payment of their taxes?—A. Not in 
my recollection, or I didn’t hear them. 

Q. Will you state positively that they did not?—A. I don’t remember that 
tlu'y did; either of the challenged votes said that the money had been tendered 
on or l)efore the 1st day of iMay. Mr. Greer and Mr. Church testified that their 
poll tax was paid before the 1st day of May. Didn’t sign any affidavit. 

Q. There was an affidavit inti-oduced as proof that the money for the i)oll 
taxes of each had been tendeivd to the sheriff before the 1st day of May, 
1920?—A. Yes; there was an afiidavit presented. 

Q. There was no one who made affidavit to contradict that, was there?— 
A. No, sir. 


CAMPBELL VS. DOUGHTON. 


701 


Q. Notvvitlistamliiif; the fact that tliere was proof under oath that the money 
had been tendered for the payment of the poll taxes of these voters, you refused 
to permit them the privilege of exercisinu; the rijLrht of franchise; the other two 
men had as much ri^^ht and had intellijjence sulHcient to act upon their judg¬ 
ment as well as youi’self, did they not?—A. I suppose so. 

Q. Then you are will ng to accord to the other two members of the election 
hoard the right to exercise their judgment accoi'ding to the best of their knowl¬ 
edge, are you not?—A. Sure; if tliey did according to law and their oath, it was 
all right, of course. 

(j. Was there anything said or done that coerced them in the'r action?— 
A. I couldn’t say there was or not. 

(>. ^^’ill you swear or will you not swear that the other two members of the 
election board acted in this matter just as honestly and conscientiously as you 
did?—A. I have never been where their consciences were. I couldn’t say. INIy 
conscience wouldn’t have allowed me to do that way. 

Q. Will you swear they d d not act conscientiously in passing upon these chal- 
lengts?—A. 1 could not sweai* whether they did or not. ' 

Q. Were you the tax lister for I’ine Swamp townshi]) for the year of 1919?— 
A. Don’t rememhei’ imsitively. 

Q. Year before last will he two years ago this coming summer?—A. Kindly 
believe 1 was. 

Q. You d d not challenge tlie vote of Walter Johnson?—A. No. sir. 

Q. I believe you stated a while ago that Andrew Teague and Frank Friesland 
had no politics or political afliliati(*n?—A. Said I didn’t know. 

(}. And you did not challenge their votes?—A. Not that I remember of. 

Q. These two men sometimes vote Democratic and somet nies Republican?— 
A. Can’t say as to Frank ; Teague has voted both ways. 

Q. And therefore you didn’t challenge your votes?—A. No, sir. 

(>. There were about 14 absentee votes cast at your election held 1920?—A. 
That’s my recollection, the best I could get it. 

(}. Did these include the sick absentee voter?—A. Yes, sir. 

Q. Includes both those who were out <►! the townshij) and county and those 
who were in tlie township and unable to attend the election?—A. Yes, sir. 

Q. Each of the envelopes of the absentee voter contained a certiticate and 
also tickets or ballots?—A. I think they did. 

Q. Each envelope containing the votes or vote of those who were in the town¬ 
ship and unable to attend the election contained either a doctor’s certificate 
or an affidavit did they not?—A. PAery one I thought did; I think I saw 
them all. 

Q. How many of the absentee votes had indorsed on the margin or hack of 
the ballot the name of the voter?—A. Don’t remember seeing the hack of any 
one of the ballots. Didnt’ see anything on the margin. 

Q. You could not state that the name of the voter was indorsed on any of 
the tickets?—A. No, sir; could not, 

(}. On election day you challenged some votes and requested the clerk of 
the election board to enter the name, I mean the one challenged, opposite the 
name of the voter whose vote had been challenged?—A. Yes, sir. 

(J. You did not request the registrar to enter the name or the word “ chal¬ 
lenged ” on his registration hook?—A. Don’t remember hut don’t think I did. 

Q. There were two clerks were there?—A. Yes, sir. 

(J. Which one of the clerks did you retpiest?—A. I thiidv I asked both of 
them to enter the word “ challenged ” as well as I recollect. 

Q, Now, what did you make that request of the clerks instead of the 
registrar for?—A. Well, I couldn’t say; just thought that was their duty. 

Q. I will ask you if you right then didn’t have in mind a contested elec¬ 
tion?—A. I did not, never dreamed of such a thing. 

Redirect examination by C. K. Spicer ; 

Q. Those absentee certificates were on white paper like that?—A. I don’t 
remember that they were; some on blue or green. 

Q. You say four of the men voted said they hadn’t paid their poll taxes?—A. 
I think they did. 

Q. Yet they voted in the face of that?—A. They refused to take the oath. 
They voted under my protest. 

Q. They all voted Democratic?—A. Yes, sir; Democratic. 

Q. Who signed that aflidavit, you spoke of?—A. I don’t know. 

Q. Whose name was to the affidavit?—A. Mr. Austin’s; wouldn’t be positive 
ns to the name exactly; there were two signatures. 


702 


CAMPBELL VS. DOUGHTON. 


Q. Who was ]Mr. Austin?—A. Taken it to l)e iNIr. Will Austin. 

(}. Is lie Democratic county chairman?—A. (N^uldnt’ say who was Democratic 
county chairinan, 

Q. Wliere is that altidavit?—A. Well, Mr. Owens is supposed to have it. I 
cop.ed names of the ones I challenged, laid it on the table and they all got gone 
and never knew what went with them. 

(h’oss-examination hy G. L. Park : 

(}. Do you mean to charge that some one intentionally, corruptly, and wrong¬ 
fully spirited away your copies?—A. Don’t charge anytiiing; all I know don’t 
know what went with them, just got gone. 

Redirect examination hy (’. B. Suioeh : 

(). Mr. Baker, is that the poll hook that was kept in Pine Swamp Township in 
1920?—A. I think so; looks very much like it. 

Q. Is that the record of the voters?—A. These are the names of the ones 
voted in our township. 

Q. How^manv voters voted in that precinct?—A. According to the iioll book. 
4S1. 

Does your recollection accord with what the poll hook shows?—A. I didn’t 
try to keep any recollection, only just the entries that the clerks made when 
we was througii voting, two clerks. 

Q. And each one of them announced 481 votes?—A. Yes, sii"; agreed they 
were together. 

Q. Both in there?—A. Yes, sir; was a few minutes ago. 

Q. What does both show?—A. They l)oth sliow 481. 

Q. Were the clerks Democratic or Kepubllcan?—A. One Republican and one 
Democrat. 

Q. Do you remember the vote of Mr. Doughton and jNIr. (’anipbell in that 
township at that election?—A. No ,sir; notJiing; only the record that you have 
there. 

Q. You have no independent recollect’on?—A. No, sr. 

. Q. Well, did you make any note of it at the time that thei-e were more votes 
than voters?—A. Yes, sir. 

Q. How many more votes were there?—A. My recollection is that there were 
from six to eight difference. 

Recross-examination by G. L. Park : 

Q. Now, Mr. Baker, can you state positively that there were any more v»tes 
in the boxes than there were voters who voted in that election?—A. I can only 
state that there were, according to the way we all counted. 

Q. Answer the question, please.—A. No, sir. 

Q. Now explain.—A. When we made count and figured it up we found that 
we liad at our count—that there were more votes than the clerk said on their 
books—clerk and registrar. When every clerk got through tiguring I saw the 
books they and registrar completed, reg stration book, and said they were to¬ 
gether. poll book and registration book. When we made the count and counted 
the ballots according to our count we found there were more votes than the 
poll books show. 

Q. And you swear that the clerks entered the name of every voter on the 
poll books?—A. No, s’r. 

Q. Then you are not prei)ared to say that there were any votes in the box or 
boxes that were not cast by voters, are you?—A. No, sir; can not say so. 

Q. There were more voters registered in your township than the vote re¬ 
turned by the returning officer?—A. That’s what the registrar sa d. 

Redii-ect exam’nation by C. B. Spicer: 

(}. Two clerks took down the names of each voter as they voted?—A. AVe 
asked them to do that. 

Q. Did they say there at the time that the count out was had that they had 
taken down the names of each and every voter who voted? 

(Objection by contestee, for the reason that qi)estion calls for hearsay tes- 
t'mony.) 

A. They d'd not say, that I remember, whethei- they had or not. 

(}. I believe you did say that they kept sejiarate poll books, one Democrat 
and one Republican clerk, and at the end of the voting the two books exactly 
corre.sponded. 

(Objection by contestee, for the reason that it is a repetition of witness’s 
statement.) 


CAMPBELL VS. DOUGHTON. 


703 


A. They said they corresponded ; I never counted them. 

Q. Have yon looked over them now to see if they do correspond?—A. Yes; 
they both show the same numher of names. 

Uecross-examination l)y G. L. Pakk ; 

Q. Yon do not mean to say that you liave compared the names, hut the num¬ 
ber corresponds.—A. Just looked at either numher and they correspond. 


Mr. B. B. GKAYBEAL, recalle<l by contestant, testified as follows: 


Direct examination by C. B. Spicer: 

Q. You live in West Jefferson Township?—A. Yes, sir. 

Q. You were one of the clerks?—A. Yes, sir. 

Q. And helped hold the election November 2, 1920?—A. Yes, sir. 

Q. How many absentee votes were cast in that township?—A. Fourteen or 
fifteen ; couldn’t say exactly. 

Q. How many of them were Repulilicans?—A. I don’t know but two. 

Q. Did they have certificates, those absentee votes, accompanying; the votes?— 
A. I couldn’t say about all of them because I didn’t handle the tickets at all, 
but what I saw had ceitificates w.th them. 

Q. Certificates on white paper like this?—A. Yes, sir. 

Q. Did Tom Osborne vote?—A. I don’t remember his name. 

Q. One-eyed fellow; do you remember him?—A. No, sir. 

Q. Did D. S. Bell vote?—A. Yes, sir. 

Q. How did he vote?—A. Democrat. 

Mack I.«ambert vote?—A. Y’^es, sir. 

Q. How did he vote?—A. Democrat. 

Q. Fred Rose; did he vote?—A. Yes, sir. 

Q. How d (1 he vote?—A. Democrat c. 

Q. R. L. Hodi^e vote?—A. No, sir. 

Q. Q. B. Lewis vote?—A. Yes, sir. 

Q. How d (1 he vote?—A. Democrat c. 

Q. Did Ed H. Woodie vote?—A. Yes, sir. 

Q. How did he vote?—A. Voted Democratic. 

Q. Did John Bare vote?—A. Yes, sir. 

Q. How did he vote?—A. Democratic. 

Q. Did Ira Hudler vote?—A. I can't be positive about that; don't remember. 
Q. Did Tom Hodj?son present himself to vote?—A. Yes, sir. 

(^). His name on the reg;istration book?—A. Yes, sir. 

Q. Was he challenged?—A. Yes, sir. 

Q. Did he take the oath of citizenship?—A. No, sir. 

Offer to take it?—A. No, sir. 

Q. Why. was he refused?—A. On affidavit from I.ee Campbell and .Tohn 
Hopkins that he had moved from the State and had moved his wife from the 
township. 

Q. Did you see the ni^^ger picture in the Ray drug store?—A. I did not. 

(}. Did you hear of it? 

((’ontestee objects to the introduction of any testimony which would tend to 
reflect ui)on the President of the United States.) 

Q. Were you present when Mrs. Turnmire or Mrs. Dickens presented them¬ 
selves to vote?—A. Yes, sir. 

Q. Did they present tickets?—A. Yes. sir. 

(}. Do you know what kind of tickets they were?—A. I do not. 


Cross-examination by G. L. 1’ark : 

(). Bernard, you say there were 15 or 14 nonres’dent or absentee votes cast; 
do you mean by this that there were 14 or 15 absentee and sick-list votes cast?— 

A. Yes, sir. . . , , . 

Q. Each of the absentee voters who were oul of the township inclosed in an 
envelope a cei’titicate and the tickets or ballots for ^oting, did the^ ? A. I did 
not see those certificates. I was taking names at the time. 

Q. Did any of those tickets have indorsed upon the ballot or ticket, eitlier on 
the mai'gin or back of the ticket, the name of the voter A. I saw nothing of 

that kind. . , . 11 

() Each vote cast bv any absentee voter who w^as sick or physically unable 

to attend wJio w'as in'the'precinct had in the envelope either a doctor’s cer¬ 
tificate or an affidavit made before some person authorized to administer oath 
or take affidavit together wJth the tickets of the voter?—A. I didn’t see them. 


704 


CAMPBELL \S. DOUGHTON. 


Q. I believe you stated in Mr. Sp'.cer’s examination tliat you were actinj; as. 
clerk and did not see the tickets of the voters?—A. Not all of them. I saw 
most of the State tickets. I was sitting right hy Uncle Arthur and he handled 
the State tickets. 

Q. You stated that Tom Osborne did not vote, as you recollected?—A. 1 dO‘ 
not remember. 

Q. You stated that I). S. Bell, Mack Lambert, Fred Rose, Quincy T.ewis, Ed 
If. Woodie, and John Bare voted the Democratic ticket; now, I will ask you 
how you knew what tickets these persons voted if you did not see all of the 
tickets?—A. Sevenil times I asked JMr. Green—he was handling the ticket.s— 
what tickets and how they were. 

Q. But how do you know how all of their tickets were, including the congres¬ 
sional ticket, if you did not see the tickets?—A. There were some fellows that 
were challenged, and 1 inquired. 

(F So, tlien, you are testifying fi-om hearsay and not of your own knowl¬ 
edge?—A. I take it that those men are honorable men, of good character— 
wouldn’t straight out lie intentionally about it. 

Q. l^ou mean to .say that you take it that those men were honorable men?— 
A. I think that IMr. Green and Uncle Arthur are both honorable men. 

Q. And they were election officers?—A. Yes, sir. 

Q. Holding the very election of which you are now testifying?—A. YT's. sir. 

i}. iMr.s. Dickens and Mrs. Turnmire were not registered, because they could 
not read and write; isn't that so?—A. I do not know why they did not register, 

Q. I will ask you this, if it isn’t your undei'standing that these women pre- 
.sented themselves for registration accompanied l)y Dr. Manley Blevins, who 
was one of the candidates in the election of 1920, and that Dr. Blevins selected 
the section or clause to be read by these applicants for registration and that it 
was developed that the.se women could not read, but that they had been tutored 
for the very purpose of registration?—A. I have heard report of that kind 
since election. 

C^. You haven’t heard these women say that they could not read?—A. No, sir. 

Q. Didn’t you hear ]\Irs. Turnmire say that .she couldn’t read?—A. No, sir. 

Q. Didn’t you hear Mrs. Dickens .say that she couldn’t read?—A. No, sir, 

Q. You do not know that she can?—A. I do not. 

Redirect examination by C. B. Spicer: 

Q. You heard Mrs. Dickens and Mrs. Turnmire both swear that they could 
read and write, didn’t you?—A. I didn’t. 

Q. Your understanding was that they went up to the registrar and regis¬ 
tered?—A. Y^es, sir; they registered. Their names were on the books but had 
been scratched off. 

Q. You understood that somebody told the registrar that they were Repub¬ 
licans, whereupon they scratched their names off and they weren’t allowed to 
vote?—A. I have heard that said, been told me since. Don’t know anything 
about it on da.v of election only when they come to vote and they were turned 
away becau.se their names had been scratched off the register. 

Recross-examination by G. L. Park: 

Q. You understood this from some Republican didn’t you?—A. Yes, sir. 

(,). Again I am going to ask you if you haven’t understood that when they 
presented themselves and repeated some clause as reading that immediately 
they were called back and a test was made and it was found that they couldn’t 
read?—A. Not immediately; no, sir. 

Q. The same evening they went out?—A, Same afternoon. Hearsav, how¬ 
ever. 

Redirect examination by C. B. Spicer: 

Q. Did B, K. Barrs vote?—A, Yes, sir. 

How did he vote?—A. Democratic. 

Q. How long has he been in West Jefferson?—A. I couldn’t tell you; has been 
there off and on for the past three years. I think. 

Q. Is it your understanding that he has a wife, lives in Florida?—A. His 
wife visited him here last summer from Florida, or at least that was who they 
sahl it was. 

Q. How many ab.sentee tickets come in for Lester McNeill?—A. There was 
two. 

Q. Any attempt to vote both of them?—A. There was. 


CAMPBELL VS. DOUGHTON. 


705 



Q. Who prevented it?—A. I did; I reckon. 

What is Lester McNeill?—A. Democrat. 

Q. He was in West Jetferson at the time?—A. Yes, sir. 

Q. Did yon see the envelope that those two tickets come in?—A. Yes, sir. 

Q. Where were they postmarked?—A. I don’t remember; had been mailed 
somewhere in West Yirg nia hut don’t remember where. 

Q. What names were they?—A. One was under Lester INIcNeill and the other 
under R. L. McNeill. 

Q. That's the way he siirns his name?—A. Either way; and speaking? of 
niiderstandiiijs, I understood that there was a telegram come from Lester not 
to vote one of those votes and that Mr. Rose and Lester’s brother, in talking 
it over, sa d they would mark one of the envelopes, the one they wonld throw 
out; and I saw the one we ohjected to the next day and it had a cross mark, 
on it and so both tickets were presente<l at the polls to vote. 

Q. The res strar had the tickets in his custody?—A. Yes, sir. 

(). And he knew T.<ester McNeill?—A. Yes, sir. 

He knew the initia.ls of Lester McNeill?—A. I think he did. 

(>. And yet he attempted to vote both tickets?—A. He had both tickets there 
and start(‘d to tear it open and I called his attention to the fact that the man 
had already voted. 

(.}. The resistrar of whom yon speak was A. F. Rose?—A. Yes, sir. 

(}. 1 will ask yon if he hasn’t been in attendance here as a witness for the- 
contestant for the past three weeks?—A. I have only been here two days my¬ 
self. Have seen him here in the conrtroom. 

(}. Don’t yon know as a fact that he is a witness?—A. I do not. 

Q. Onl.v one of the fckets were voted?-—A. Yes. sir. 

Q. I Avill ask yon that if about 10 days before the election the clerk of 
court resigned and that the Democratic tickets had all been printed and sent 
out?—A. That’s my nnderstanding. 

Q. And that then later addifonal tickets had been printed with the clerk’s 
name npon them, and that tickets were again sent to the absentee voter in 
order that the vote might he cast for all of the candidates?—A. I suppose that 
correct. The ticket that was marked with the cross mark as the one that 
should not he voted had Mr. Stansberry’s name on it. 

Q. The ticket that was voted had his name on it?—A. I couldn’t tell as to 
that. • 

(}. Then it was not Lester McNeill’s intention or purpose to send or vote two 
tickets?—A. I don’t think it was; not Lester McNeill’s intention to vote two 
tickets, hnt I will not say that it was not Mr. Rose’s intention to vote two tickets. 

Q. Yon have some feeling in this matter?—A. I have a little hit. 

Q. Your action is prompted somewhat from the feeling that you have against 
either the Democratic Pjirty as a whole or some individual?—A. No; I think 
it is more from facts. 

Q. That it created a feeling?—A. Yes, sir. 

(}. Your feeling is to see that right prevails?—A. That’s what I would liF- 
to see. 

(}. You were a soldier in the late war?—A. I was in the Navy. 

t Objection by contestee for the reason that contestant was not a candidate 
for electi<;n and is not contesting the election of 1918, neither was he interested 
in the result of said election.) 

You voted absentee?—A. Yes, sir, 

g. How did you vote?—A. My ticket was straight Republican. 

(Objection by contestee for the reason that the way the witness voted in the 
election of 1918 does not affect contestant.) 

Q. What is your infoi’ination, what was the political complexion of your 
ticket when it was voted on election day? 

(Objection by contestee for the reason that it calls for hearsay testimony,, 
and not only for this reason but for the further reason that it does not affect 
the contestant’s rights or election or claim.) 

A. That it was half in half; the State ticket one way and that the county 
ticket was another. 

Q. The same registrar to whom you sent your ticket while in the Army, liaving^ 
mailed it straight Rei)ublican, and when it was opened and voted appeared to . 
b(‘ one-half Democrat and one-half Republican, was Alex Rose, the acting 
registrar for the election of November the 2d, 1920, was he not?—A. He wms. 

57G95—21-45 



706 


CAMPBELL VS. DOUGHTON. 


Cross-exuininntion by G. L. Park: 

Q. Bernard, you swore out a wjirrant ajtaiiist INIr. Austin, cliar^ins liini with 
corrui)t on ui)on an atiidavit winch lie made stating that he tendered the money 
to the sheriff of Ashe (/"ounty for certain jioll taxes, of which allegation of 
tender made in the atiidavit of Mr. Austin, you had no knowledge; is this cor¬ 
rect?—A. No further than hearsay. 

Q. Then your partisan feeling run so high and is so bitter that you are 
willing upon hearsay to swear that a man has committed a crime or a felony, 
are you?—A. I dain’t swear that. 

Q. What do you mean by saying you did not swear that?—A I did not swear 
tliat he had comm tted a crime or felony; I swore that in my opinion he had so 
far violated the law. 

Q. I will ask you if you did not state in your compla nl or affidavit in which 
you asked for a wari'ant against INIr. Austin, that W. B. Austin did willfully, 
unlawfully, and feloniously make aflidavit that he had paid certa’n poll taxes 
for the purjiose of enabl ng men to vote fraudulently or for fraudulent pur¬ 
poses?—A. I would like you to state that question again. 

Q. I will ask you if you did not state in your conii)laint or affidavit in which 
you asked for a warrant against Mr. Austin, that W. B. Austin did willfully, 
unlawfully, and feloniously make affidavit that he had paid certain i)oll taxes 
for the puri)ose of enabling men to vote fr:iudulently or for fraudulent pur¬ 
poses?—A I think that was in the complaint. 

Q. And yet you know nothing of the facts of which tliis allegation was 
made?—A. Nothing further than hearsay, as I stated awhile ago, only that I 
saw the allidav t. 

Q. At whose instance or suggestion did you make that affidavit for procuring 
the warrant against i\Ir. xVustin?—A. At whose suggestion? 

Q, At whose instance did, or at whose suggestion, did you make that affidavit 
for the warrant to be issued agaimst Mr. Austin?—A. Mr. Spicer sent it to me. 

Q. Mr. C. B. Spicer?—A. Yes. 

Q. The attorney representing the contestant?—xV. Yes, sir. 

Q. And cha.rman of the Uepublican executive committee?—A. l"es, sir. 

Q. Don’t you think that in fairness to you that it would have been better for 
Mr. Spicer to make that affidavit instead of calling uj)on you, Bernard?—A, 
Perhaps it would. 

^ • 

Cross-examination by C. B. Spicer: 

Q. That was in your township?—A. Y’'es, sir. 

Q. You saw the affidavit?—A. Yes, sir. 

Q. That he had presented the money for Tom O.sborne, D. S. Bell, and 
others-A. Mack Landreth, Fretl Rose. 

Q. And you had information that those men’s names are right now in the 
books of Ashe County, unpaid to-day?—A. l^es, sir. 

Q. Yet you saw the affidavit of Mr. Austin, Democrat chairman, that he had 
tendered the money and paid those taxes before May the 1st, 1920?—xV. That 
he had tendered the money to pay those taxes; yes, sir. 

Q. You knew the sheriff of Ashe County?—A. Yes, sir. 

1}. Good man, isn’t he?—xV. I think .so. 

Q. Did you think that he would allow any man to tender money for taxes 
without giving receipt or enter.ng payment of it?—A. I don’t think that he 
would. 

Q. So you swore out that warrant on information and belief, knowing that 
IMr. Latham, the old sheriff of Ashe County, was a good man, having informa- 
t on that those muues were then in the tax books and having seen the affidavit 
of IMr. Austin that he had tendered the money by the fst day of May.—A. 
Yes, sir. 

(L xVnd knowing that he had made an affidavit that he tendered the money 
and wasn't done legally but was a felonious and corrupt act?—xV. Yes, sir. 

Q. These same men presented themselves, D. S. Bell. IMack Landreth, Fred 
Rose, Q. B. Ixewis, presented themselves to vote?—A. Yes, sir. 

Q. Were challenged'.''—A. Y"es, sir. 

Q. Wouldn’t .swear that they had paid their poll taxes?—A. No, sir; did 
•not swear, they were not asked to swear. 

Q. x\nd they voted over the challenge'?—A. Yes, sir. 

Q. On the affidavit of the Democratic chairman of Ashe County?—A. Yes, 
sir. 



CAMPBELL VS. DOUGHTON. 


707 


Q. And on tliose facts is what prompted yon to swear out the affidavit?—A. 
Exactly. 

Q. I d dn't ask you to do anything that you were not willing to do of your 
own accord?—A. No, sir. 

liecross-exainination hy G. L. Park: 

Q. P>ernard, you stated that you had 'nforniation that the tax receipt for 
these men were in the tax hooks; did Mr. Spicer give you that information?—A. 
No, sir. 

Q. l)id you have that information before you swore out the warrant?—A, 
Yes. sir. I had the informat.on before the-day of election—that those were in 
the tax hooks yet. 

Q. You sa d that you believed the sheriff wouldn’t refuse to accept money, 
and that he was a creditable or honorable man—I don’t remember wnich state¬ 
ment was made. I w 11 ask you if you w.ll swear that it was not tendered to 
him?—A. No, sir. 

Q. I w 11 ask you if you stated in your affidavit, liernard, that this warrant 
or th.s affidavit was made by you upon informat.on and belief?—A. I think I 
did. 

G. And stated as positive fact, didn't you?—A. I couldn’t say. I don’t re- 
memher exactly the words that was on the warrant. 

Q. Was this affidav.t written out and presented to you to he signed?—A. It 
was wr.tten out when 1 first saw it; yes, sir. 

Q. \ou were not hy and dictating tiie writ.ng of tliat tiffidavit were you?—A. 
No, sir. 

Q. jNIr. Spicer, chairman of the Republ'can executive committee for Ashe 
County and attorney for the contestant produced this affidav t and warrant 
already drawn for you to sign and he sworn to, isn’t that the fact’?—A. Yes, 
sir; I had read the warrant, however, and was conscientious in my belief that 
it was a .lust warrant or I wouldn’t have sworn to it. 

Q. You (1 dn’t go to iMr. Aust n and imiuire of him whether or not he did 
tender the money, did you?—A. No, sir. 

Q. You (iidn’t go to Charlie Latham and ask h m either, d d you?—A. No, 
sir. 

M. D. DKRCENS test tied as follows: 

Direct examination by C. 1>. Spicer: 

(J. Do you know Mrs. Rufus Turnmire?—A. Yes, sir. 

Q. She your sister'?—A. Yes, s r. 

Q. Can she read and write'?—A. Yes, sir. 

Q. Mrs. l>ud Dickens, tiuit your wife'?—A. Yes, sir. 

(}. (’an she read and write'.”—A. Yes, sir. 

Q. Were you present when they tendered themselves for reg’stration?—A. 
No, sir; I wasn’t hy. 

(}. What’s the reason that they are not here to-day?—A. Not able to get 
liere. 

(}. M’here did you vote, Mr. Dickens, the last time?—A. West .Jefferson. 

Q. Did you see* Edgar Blevins present himself to vote over there?—A. Yes, sir. 

(}. M’as he challenged?—A. Yes, sir. 

(}. Did he vote?—A. Not over there, he never; he voted here. 

(}. Did you come here with him?—A. E. E. (Jarrico and Walter come with 
him. 

Q. M’hat did you hear of Mr. Carrico saying as he took Edgar Blevins up to 
vote ? 

(Contestee oh.jects to any declaration made by anyone whose declaration 
was not made in the presence of this contestee, and further objects for the 
reason that the same calls for hearsay testimony and is incompetent.) 

A. He said, “ P>y God, they had challenged him over at the other place, but 
they wouldn’t chailenge him here. Busy counting tickets here.” 

(i. Where does Edgar Blevins live?—A. Where I lived then. 

Q. In West .Tefferson Township?—A. Y^es, sir. 

Q. D'd he vote here?—A. I'es, sir. 

(]. How did he vote?—A. Democrat ticket. 

Cross-examination hy G. L. Park: 

Q. Mr. Dickens, was it your wife that went with Dr. Blevins to register?—A. 
Yes, sir; he went out with her when she went out to register. 


708 


CAMPBELL VS. DOUGHTON. 


(}. Mrs, Tiiriimire, your sister, was also alonj??—A. Yes, sir. 

Q. Did your wife testify in tlie trial of A. F. Rose some time ago?—A. Yes, sir, 

Q. Were you present?—A. Yes, sir. 

Q. Did she read then?—A. No; she didn’t try to read any. 

Q. ■\\'as she called on to read?—A. I believe she was, as well as I remember. 

Q. And stated she couldn’t read?—A. No, sir; not at all; said she wouldn’t 
try to read in that hard printing. 

Q. She claimed she couldn’t read in that book?—A. Said she wasn’t trying to 
read that hard printing. 

Q. I will ask you if Mrs. Dickens and Mrs, Turnmire both didn’t refuse to 
read for the registrar of election when lie called them back?—A. I was not there. 

You don’t know about that?—A. No, sir. 

(L You are Republicans, of course?—A. Yes, sir. 

Q. AVbere was your home before you come here?—A. IMy home was down in 
Alleghany County. 

Q. What part of Alleghany County did you come from?—A. Down above 
Galax, A^a., Edwards Crossroads, 

Redirect examination by C. K. Spicek : 

Q. Your information was that your Mdfe registered? 

(Objection by contestee for the retisoii that it calls for hearsay testimony.) 

A. A>s, sir. 

(}. And that later the registrar was informed that she was a Republican?—A. 
A>s, sir. » 

Q. And that he erased her name? 

(Objection by contestee for the reason that it calls for hearsay testimony and 
is therefore incompetent.) 

A. Yes, s’r. 


T. D. hTTRCHLS testified as follows: 


Direct examination by C. K. Spicer : 

Q. Your name is T. D. Furchis?—A. Yes, sir. 

Q. AA’liat township did you vote in?—A. West .Tefferson. 

Q. Did .Tohn Bare vote over there?—A. Yes, sir. 

Q. How did he vote?—A. Democratic. 

Q. AA’here does he live?—A. In A^irginia. 

(), How long has he lived there?—A. He moved to Adrginia in February a 
year ago. 

(), Take all of his family and belongings?—A. As far as I know he did; 
yes, sir, 

(}. D’d he say anything to you about returning to the State?—A. AA^ll, I saw 
him on Monday before the election and he was talking, and I asked him if he 
had come back to vote, and be said be bad told him he thought he had better 
go back to ATrginia ; didn’t think he could vote here. Said Mr. Bowie told 
lilm he could vote; had written him be could A’ote here; BoAvie & Austin, I 
think, Avas the way he sahl it. And be said he Avouldn’t moA^e back here and 
live under no conditions, if a man AA'ould gi\^e him a farm here he wouldn’t 
move hack to live. 

Q. AVho Avas the IMr. Austin referred to?—A. He told me Austin & BoAvie. 

(). That Ausfn Democratic count.v chairman?—A. Yes, sir. 

Q. And one of the contestee’s attorneys in this heaidng?—A. I suppose so. 

(). AA’as he challenged on election day?—A. Yes. sir; T challenged him myself. 

Q. AVhat Av.-is done with the challenge?—A. They handed him an affidavit 
out to sign and asked if he could sAA’ear to that: asked them to administer tlv-^ 
oath to him and they W()uldn’t do it. Qu'nce asked him if he Avanted to s’gu 
his name to it. Quince signed the afiidavit for him and be voted on it, 

Q- 1 he judge refused to administer the oath of cit’zenship to him*^—\ A"es 
s'r; told him he didn’t have to take the oath; I challenged him ’for ’beim-^ 
nonresident. ^ 

Q. And he A’oted Avithout taking the oath? —A. Yes, sir. 

Cross examination by G. L. Park : 


(}. Tom, .Tohn didn’t refuse to take the oath?—A. No. sir; h,e. Quince 
Duncan, told him that he could vote and I contended he couldn’t vote and 
Mr (al (xreen handed the affidavit out to him and asked him if he could sign 
that and John said Ao; he couldn’t sign his name.” Bare told Duncan to si‘>n 
h s name to the affidavit. ' ^ 


CAMPBELL VS. DOUGHTON. 


709 


(}. John moved to Virjjinia in Fel)niary, 1920?—A. Somewlieres along about 
there; don’t know exactly the day; in February, I think. 

Q. You don’t know anything about his intention to return when he went?— 
A, He told me that if he could make the corn and stuff that was recommended 
to him he was leaving P>uffalo to stay, about a week before he went. 

Q. You don’t know what his intention was?—A. Don’t know about his inten¬ 
tion ; what he told me, that he was going to move out there and stay. 

M. C. KOAllK testified as follows; 

Direct examination by C. K. Spicer; 

(M. C. Roark, register of deeds of Ashe County, recalled by the contestant, 
second time.) 

(}. Is that record of your office, iNIr. Roark?—A. Yes, sir. 

Q. What is it?—A. West Jefferson Township registration book. 

Q. Turn to the R’s, for what year?—xV. 1920. 

Q. Look on the registration book and see if the name John Bare appears on 
that registration book.—A. I don’t find it. 

Cross-examination by (1. L. I*ark ; 

Q. West Jeff’erson Township was just formed last fall, a short wliile before 
the election, wasn’t it?—A. Yes, sir. 

(>. It was taken off of Jefferson Township?—A. Yes, sir. 

Q. xlnd you mean to say that his name, John Bare, has never been tran¬ 
scribed to that book that you can find?—A. I don’t find it on this book, and 
1 couldn’t say whether it apiiears on the other or not, or needed to be tran¬ 
scribed or not. 

(Attorney representing the contestant asked attorney representing the con- 
testee if he was through with the w tness, whei‘eupon attorney representing the 
contestee says, “ No, sir; we have sent after another book.” Then attorney 
repre.senfng contestant asked attorney representing contestee if he had another 
book—registration book—for IM'St Jefferson, to which attorney representing 
contestee replied, “ No, sir.” 

Fpon request of attorney for the contestant to know if attorney for the con¬ 
testee was through with the witness, he stated, “ No, sir,” that he had sent for 
another book, to which attorney for contestant said. ” Have you another regis¬ 
tration book for West Jefferson?” to which attorney for contestee said “No, sir,” 
that he had sent for the old registration book for Jefferson Township, That 
West Jefferson, as shown by the witness, was formed during the fall of 1920 
and a short time before the election, of a part of Jefferson Township.) 

Mr. Roark, there was a registration book for Jefferson Township, which 
at one time contained the names of the registered voters of all, or practically 
all, of what is now West Jefferson, was there not?—A. I suppose so; all the 
voters uj) to the late election. 

CLAUDE SHEETS testified as follows; 

Direct examination by C. B, Spicer; 

Q. You live in Oliids Township?—A. Yes, sir. 

Q. Did Ellis Miller vote over there; your information?—A. Yes, sir, 

Barney Miller vote?—A. Yes, sir. 

Q. Azra Miiler?—A. Y'es, sir. 

George Miller?—A. Yes. sir, 

Q. Do you know how Barney Miller voted?—A. Yes, sir. 

Q. How?—A. Democratic. 

(}. M'hat is the reputed politics of the others whose names I mentioned?—A. 
Democratic. 

(’ross-exaniinat'on by G. L, Park ; 

Q. Claude, you didn’t see tlu'se men vote, did you; all of them?—x\. No, sir. 

c}. You didn’t see how they voted?—A. Not all of them. 

Q. Which ones did you see?—xV. Barney iNIiller, 

(}. And did not see Ellis, Plzra, and George vote?—A. No, sir. 

(}. You don’t mean to swear that you know that every one of them voted 
for R. L. Doughton, do you?—A. No, sir. 

Q. You don’t know whether they vot(‘d for Doughton or Campbell, do you?— 
A. No. sir; I don’t; all of them. 

Q. You don’t know whether their poll taxes was paid or not paid?—xV. No, 
sir. 


710 


CAMPBELL VS. DOUGHTON. 


Q. You (loirt know whether t!ie money was tendered to the sheriff for tiie 
payment of their i)oll tnxes on or before the 1st day of May?—A. No, sir. 

(Adjourned till 10 o’clock next morninfi:.) 

This hearins: opened on IMarcli 17, 1921, at 10 o’clock a. m., in the conrtliouse 
of Ashe (lonnty, before Monroe Adams, commissioner of tesfmony, beiiij? the 
same commissioner as on previous days (d’ this week, in the comity of Ashe, 
for the hear nj? as set out and heinir present on the part of the contestant, the 
contestant in person and as his attorneys, (’. B. Spicer and W. li. Banirness; 
and present on the pait of the contestee as his attorneys, Bowie & Austin. 

The contestee is opposed to ami protested against the challenging of any 
soldier or sailor who served in the Yforld War on the ground of nonpayment 
of poll tax and contestee will not challenge the vote of any snch soldier or 
sailor who may have voted for contestant, unless the votes of such soldiers and 
.'<adors, who voted for contestee, are challenged by contestant. 

J. D. STANSBERRY testified as follows: 

Direct examination by C. B. Spicer: 

Q. Mr. Stansberry, yon are clerk of the superior court of Ashe County?—A. 
Yes, sir. 

(>. As clerk of the sui>ei'ior court of Ashe County you have custody of the 
hooks showing certified list of poll taxes as certified by the sheriff of Ashe 
(’ounty?—A. Y( s, sir. 

Q. On or before the 10th day of May, 1920, as required by law?—A. Yes, 
sir; records. 

Q. Shown return?—A. IMade the 11th day of INIay. 

(}. Have you that record with you?—A. Yes, sir. 

Q. That is foi’ the poll l)ooks for the year 1919?—A. Yes, sir. 

' Q. I will thank you to turn to your record there for Biney Creek Township, 
examine the records, please, and see if .von find the name of Y. E. Ballou?— 
A. No, sir; it is not there where it says Piney Creek Township. 

(}. I will thank you now to turn to Walnut Hill Townsh’p, examine your 
record, please, and see if you find the name of I’ete Phipps or C. IM. Phipps?— 
A. No, sii'. 

Q. The name of Tom Reeves?—A. No, sir; does not appear to be on it. 

Q. The name of (’harlie Bi-ooks?—A. Charlie Brooks? 

Q. Yes, sir.—A. Y^es; it’s on here as Charles. 

Q. I will thank you now to turn to Chestnut Hill Township; you find the 
name of Arch IMcMillan on that I'st?—A. No, sir. 

Q. You find the name of Will e IMiller on that list?—A. No, sir. 

Q. Y(m find the name of .John Linney Roupe on the list?—A. No, sir. 

Q. Emmet Price?—A. No, sir. 

Q. Y’ile.v Brown?—A. No, sir. 

Q. W. B. Brown?—A. Walter, but no W. B. Brown. 

(). Sam Blevins?—A. No, s'r, 

(>. Wiley Taylor?—A. No, sir. 

Q. W. P. Stui'gill?—A. No, sir. 

Q. Turn to Obids Township, please, and see if you find the name of Ellis 
IMiller.—A. No, sir. 

(). Barney Miller?—A. No, sir, 

Q. Azer Miller?—A. No, sir. 

Ceorge IMdh'r?—A. No, sir. 

y}. Turn to Clifton Township, please; you find the name of W. O. Sapp?—A, 
No, sir. 

Q, J. S. Sapp or J. L. Sapp?—A. Don’t find either one. 

Q, Horse Creek, plea.se, sir; you hnd the name of P^ieldon Hurley?—A. No, sir. 

Q. Thomas Hurley?—A. Yes, sir. 

(>. (’lint Coss?—A. There is a (loss—C. Clinton. 

Q. C. (’. Darnell?—A. There is a drover C. 

Q. I guess that’s the one; his name is drover Cleveland, Thomas N. Ham?— 
A. There is nary Thomas N. 

Q. Turn to Laurel Township, please; see if you find the name of Quincy 
Davis.—A. There is a Quincy Davis. 

Q. Quincy E. Davis?—A. Yes, sir. 

(„). Creston Township; see if you find the name of Charles Latham.—A. 
No, sir. 

(). Roger Barr?—A. No, sir. 


CAMPBELL VS. DOUGHTON. 


711 


Q. Walter Latham?—A. There is a Walter Latham. 

Q. I guess that's the same one; turn to Jefferson, please, sir; you find the 
name of G. C. Dickson?—A. No, sir. 

Q. F. H. Neal?—A. No, sir. 

Q. Edwin Foster?—A. No, sir. 

Q. Lon Reeves?—A. No, sir. 

Q. Dave Sexton?—A. No, sir. 

(.). George Bower?—A. No, sir. 

Q. Walter Weaver?—A. No, sir. 

Q. Silas Monroe Bare?—A. No, sir. 

Q. C. B. Houck?—A. No, sir. 

Q. Willie Bare?—A. No, sir. 

Q. Turn to Old Field Township, please, sir; find the name of C. B. Houck?— 
A. No, sir. 

Q. J. B. Houck?—A. Don’t find J. P. Houck. 

Q. .1. G. Goodman?—A. Don’t find one of that initial. 

Q. John Tracy?—rA. No, sir. 
ii. W. M. Burkett?—A. No, sir. 

( >. W. L. Younce?—A. There ain’t nary W. L. Y^ounce. 

Q. Turn to Pine Swamp, please; you find the name of Eb Atkins?—A. No, sir. 
(,>. John Greer?—A. No, sir. 

(^ W. E. Church?—A. No, sir. 

Q. W. H. Teague?—A. No, sir. 

Q. Andrew Teague?—A. No, sir. 

(}. Ira Teague?—A. No, sir. 

Q. W. W. Goodman?—A. No, sir. 

(}. Frank Friesland?—A. No, sir. 

Q. Walter Johnson?—A. Nary one spelt Walter on here. 

Q. Turn back to Jelferson, please, sir, you find the name of Tom Osborne?— 
A. No, sir. 

Q. D. S. Bell?—A. No, sir. 

Q. JMack Lambert?—A. N<>, sir.. 

Q. Fred Rose?—A. Don’t find it. 

Q. Q. B. Lewis?—A. No, sir. 

Q. Ed H. Woodie?—A.. No, sir. 

Q. Turn back to Old F.elds, please, sir, see if you find the name of Earl 
Scott.—A. No, sir. 

B. H. CALLOWAY testified as follows: 

Direct examination by C. B. Spiceb : 

Q. You are from Obids Township, are you not, Mr. Calloway?—A.. Y^es, sir. 

Q. You live in Obids Township?—A. Y^'es, sir. 

Q. Did Joe Winn vote in your township last election?—A. Sent in his vote 
absentee. 

Q. Where does he live?—A. I suppose he lives in Washington, D. C., at this 
time. 

Q. How long has he been away from this date?—A. Don’t know exactly; most 
of the time 8 or iO years; may be longer than that. 

Q. According to information you have, where else has he lived besides Wash¬ 
ington, D. C., during that period? 

(Objection by contestee for the reason that the question calls for hearsay 
testimony, which is incompetent.) 

A. (hncinnati, Ohio. 

(j. Did Charlie Severt vote in your township?—A. I think he d’d. 

Q. How did he vote?—A. AYell, I don’t know; don’t th nk I saw him; that’s 
the information I have; think I saw his name on the registration book. 
ii. What is h s reputed politics?—A. Democratic. 

(Objection by the contestee to the foregoing question and answer for the rea¬ 
son that witness has stated that he did not see Charles Severt vote and does 
not know how he voted, and tliat witness is only testifying to hearsay and not 
to any fact.) 

(j. What do you know about his age?—A. Well, I heard him swear this week 
he was 20 years old. 

(j. W’here did you hear h’m swear?—A. Wilkesboro. 

(}. In the sui)erior court?—A.. Yes. sir. 

(). Accoi-ding to youi’ observation and information yon have, was the regis¬ 
tration electioli in your township held fairly and inii)artially ? 


712 


CAMPBELL VS. DOUGHTON. 


(Objection l)y coiitestee for the reason that it calls for opinion of witness and 
not for statement of any facts.) 

A. No. 

Q. Against what party was the partiality shown?—A. Republican Party. 

Cross-examination l)y G. L. Paek : 

Q. Ben, you are not a registrar?—A. No, sir., 

Q. You did not take the oath and have not yet taken the oath as registrar?— 
A. No, sir. 

Q. You are a Republican?—A. Yes, sir. 

Q. Can you swear that the registrar did not act justly according to his 
knowledge and ability?—A. That’s the report. 

Q. I am not asking you for any report under his oath as registrar and elec¬ 
tion officer, asking you for what you know about it; answer me yes or no.—-A. I 
wouldn’t swear positively that he did, that’s the- report, because I was not 
there on the registration UTorning. 

Q. Did I ask you for any report?—A. How was that question? 

Q. Did I ask you for statement of any report?—A. You asked me just 
straight question, I think; didn’t you? 

Q. If you wanted to testify impartially, why did you insert in your answer 
your statement about report?—A. Well, that’s all I know; that was the way I 
answered. 

Q. Do YOU know the general character of H. H. Burgess?—A. I th’nk I do. 

Q. Whiit is it?—A. flood. 

Q. Mr. Burgess was registrar and one of the election board in your town¬ 
ship for the election of 1920?—A. He was registrar at this last election. 

Q. And as registrar he was cue of the board of election in your township?— 
A. Well, yes. 

Q. Do you know that Joe Winn ever at any time moved or intended to move 
h's citizensh'p, that is, ever abandon his citizeushi]) in Ashe County?—A. Well, 

I don’t know what he intended, I couldn’t answer tliat. 

Q. Pie has been holding some position or working in the city of Washington?— 
A. I suppose he is in the iNIarine Corps. 

Q. Then he is in the United States Marine Service.—A. I siqipose so, that is 
the information I have from people who live right close to him. 

Red rect examination b.v C. B. Spickk : 

Q. Joe Winn married man?—A. Yes, sir. 

Q. Married out of this State?—A. In Washington, D. C. 

Q. And now has his wife cut of the State and has had her out of the State 
for something?—A. Yes, sir; he has had his w fe out of the State for sometime. 

Q. A warrant was sworn out for the registrar in your townsh j) before a 
magistrate for his frauds there in the election, was there not?—A. I think so. 

Q. Evidence was produced before a magistrate tending to susta n the charge, 
was there not?—A. That is the reiH)rt I have heard ; I was not at the trial. 

Q. A justice of the peace bound him over to the Supcuvor Court; found prob¬ 
able cause that he had committed a fraud, as alleged? 

(The contestee objects for that the record s the best evidence.) 

A. AVell, yes; I suppose that he was bound to the court. 

Cross-examination by G. L. Park : 

Q. Ben, who swore out tliat warrant for Mr. Burgess?—A. I think it was one 
of the Harle.'-’s boys. 

Q. I.iee Harless?—A. No, not I.iee; one of the other younger bo.vs. 

Brother of I^ee Harless?—A. Yes, s r. 

Q. Lee Harless assaulted iMr. Burgess, and struck him during the registra¬ 
tion period for the election of 1920, didn’t he?—A. I suppose .so. 

Q. And has been indicted and tried in the courts for violating the law?—A. 

I think so. 

Q. Do you know who prepared that warrant for Harless?—A. No; I do not 
know a thing about it. 

Q. Do you know before whom the warrant was sworn out?—A. No; I don’t 
know. 

Q. I will ask you if the warrant wasn’t sworn out before D. H. Goodman, a 
Republican justice of the peace of Pine Swamp?-^A. I don’t know; he had Ids 
trial before him ; I suppose it was taken out before him. 

Q. Pie was taken from his own township for trial to another township?—A. 
Yes, sir. 


CAMPBELL VS. DOUGHTON. 713 

Q, And he was tried hy a partisan justice of the peace, wasn’t he?—A. Well, 
I conldii’t say about that, 

(}. He was tried before a Republican?—A. I suppose; yes. 

Q. There \^ ere justices of the peace in Ohids Township, wasn’t there?—-A. Yes. 

Q. Do you know that D. H. Goodman, the Republican justice of the peace 
before whom Mr. Buri;’ess was tried challenged the vote of his own mother 
because she was going to vote the Democratic ticket?—A. No; 1 don’t: know 
that; I had not heard it. 

(Contestee, hy his counsel, asked the witness if he had uot heard that D. H. 
<loodman, the Republican justice of the i)eace before who H. H, Burgess was 
tried, whereupon the attorney for the contestant recpiested of attorney for con¬ 
testee to know if he wanted to go in the recoi’d that D. H. (toodman challenged 
the vote of his mother l)ecanse she was 2 :oing to vote the Democratic ticket.) 

Redirect examination hy C. B. Spicer : 

Q. Mr. Park asked you about Lee PTarless assaulting the reg'strar in your 
township. Lee Harless had two brothers who were soldiers, lighting soldiers, 
in the late war, d dn’t he?—A. I think so. 

Q. You know that don’t you?—A. Well, I didn’t see them tighting. hut I sup¬ 
pose they were. 

(}. That is your information?—A. Yes; I believe there was two. 

Q, Y'ou know as well as tliat tliey were n the war fighting as you know Joe 
AVinn was' in Washington City and in the Marine Service?—^A. Yes, sir. 

(}. You know while these hoys were still in the Army that Lee Harless, their 
brother, took their mother to the registrar to have her registered to vote, and 
he declined to register her, and as a consequence the difficulty arose and he was 
assaulted, the registrar?—A. Well, I don’t know whether the hoys were still 
in the service or not, but it was something about registering Lee’s mother the 
trouble arose from. 

Q. It was your information that his mother could read and write, too, 
wasn’t it? 

(Objection hy contestee for the reason that witness is called luion to testify 
to hearsay or information and not of fact, and is therefore incompetent.) 

A. Yes, sir; that’s m.v information. 

Q. It is your further informat Am that the registrar. Mr. Burgess, had regis¬ 
tered numerous Democratic women who could not read and write? 

(Objection by contestee for same reason as above stated.) 

A. Yes; that’s my information. 

Recross-examinat'on hy G. L. P.a.rk : 

Q. You will not state as a fact that T.ee Harless’s mother could read and 
Avrite, Avill .a'ou? —A. No; I never saw her read or AAidte as I know of— took 
his Avord for it. 

Q. Ihui will not state as a fact that she attempted to read and write before 
the registrar?—A. I don’t knoAv hoAV it AA’as; Avasn’t there. 

Q. You Avill not state as a fact that Mr. Burgess registered a single person 
who could not read and Avr to?—A. No; I Avouldn’t state as a positive fact. 

Mr. J. O. HARDIN testified as follovA's: 

Direct examinat on hy C. B. Sptoer : 

Q. What toAvnship do you live in?—A. Old Field ToAA'iiship. 

Q. Republican toAAUiship or Democratic township?—A. Usually Republican. 

(}. What majority did it give last election?—A. I don’t knoAV exactly; small. 

Q. Was the educational test applied in that township?—A. No, sir; not fully, 
I don’t think. 

Q. Was it applied to the Republicans?—A. Usually it Avas in register ng 
Avomen folks. 

(}. Do you knoAV any Republican woman who d’d not register on account 
of the registration test?-—A. \"es. sir. 

Q. Hoav many?—A. I knoAV of three in pei'son and about 15 others hy report. 

(}. You took* these three yourself to haA'e them registered?—A. Yes, s'r; I 
asked the i-egistrar to register these three, and refused on account of the edu¬ 
cational test. 

Q. Do you know any Democratic AVomen Avho lived in the same commun'ty 
Avho can not read and Avrite, that he registered?—A. \’'es, sir. 

Q. Hoav many?—A. Tavo. 


714 


CAMPBELL VS. DOUGHTON. 


(}. And yon know to yonr O'.vn knowledj.Te tliey could not read and write? 

A. Yes. sir. 

(>. Do yon know wlielliei* they were i‘ep:istered at home or at the polling’ 
jilace?—A. At home; wasn't at the precinct to he registered and on the hook; 
tliat’s the only way I know they wei’e regsitered away from the polling jilace. 

Q. i\Irs. Lizzie Scott, was she reg stered?—A. She was on the hook, but had 
htH'ii crazy for 10 years, and could not have gone to the iirec net. 

Q. Has she got mind enough to know which is her right hand and which 
is her left hand?—A. No, sir; has to have attendants all tlie time; don’t knoAV 
what food th( y give her—don't know the name of it. 

Q. It is yonr information she voted Democratic'?—A. Yes. s'r. 

(Ohiection by contestee to question and answer for tlie reason that ques¬ 
tion calls for and answer gives information and not a fact known by witness.) 

(L It is yoni’ information that she voted ahsent(H‘?—A. Yes. s r. 

(Same oii.iection by contestee to the foregoing question and answer.) 

Q. That siie wasn’t at the election?—A. Yes. sir. 

t>. Tazzie Scott and Klizaheth same person?—A. I'es, sir. 

(y Only Elizabeth Scott in Old F eld Township'?—A. Yes, sir. 

(). That the poll book that was kept for Old Field Township last election?— 
A. IT'S, sir. 

Q. In yonr brother’s handwriting?—A. Y’es. sir. 

Q. Look on that poll book and see if you see the name of Elizabeth Scott.—• 
A. Yes sir; I sw' it. 

Cy What number did she vote?—A. No. 5S4. 

Q. They tried to knock your brother out of voting up there that day, didn’t 
they?—A. Yes, s r. 

Cy And like to have had a tigh.t over the vote?—A. Y"es, sir. 

(y He and his wife both?—A. l^es, sir. 

Cross-examination by G. L. Paek : 

Q. Orren, you state that, two Democrafe women were registered or that 
the r names appeared upon the registration books who were not registered at 
the polling place; now I will ask you if you attended the registration at the 
poli ng place for the four Saturdays which the registi’ar is required to attend 
for the purpo.se of reg s:ering voters and remained during the whole day?—A. 
No. sir; I was not. 

cy Yb)u say you took three Rei)ul)rcan women to register who were refused 
registratOn?—A. I took them to the grounds, just took them up to Jim where he 
was registered and asked him to ask them ; they didn't know how, and I just 
asked him to show the ladies some respect. 

cy Who had taken the oath retpi red of registrars and who had the right 
to say whether or not these women could read and write, you or the registrar?— 
A. The registrar had a right to say whether they could read and wr te or not 
and so did I. I d dn’t have any right to mess w th the registrar's business, hut 
I know they couldn’t read and write, the tw<i that I was sjieaking of, to his 
satisfact on. because he tested them there. They commenced reading a book 
a little, then sto})ped; he said that wasn't satisfactory and wouldn't register 
them. 

(y The registrar was acting as an officer of the law?—A. He was reg’strar. 

(y Isn't that an olHcer'?—A. Don't know whether you would call that an 
officer or not. 

Q. You stated that there were about 15 others'?—A. Y>s, sir; that's the way 
we estimated it. 

Q. And you will swear that they can all read and write?—A. No, sir; I 
won’t. 

Redirect exam'nation by C. B. Spk'kr ; 

(y So these three that you took up there could read and write?—A. A little 
b't; sa’d they couM, but when they got out in public just couldn’t do it; said 
they could read their B ble. 

Q. How close does Mrs. Elizabeth Scott live to the registrar?—A. I would say 
about one-half m le. 

(y How long has-she lived that close to him?—A. About a year and a half. 

(y How long has she lived in that township?—A. She has lived w th'n 8 
m'les of h'ln all his life. 

Q. Has she got m'nd enough to keep out of the lire?—A. No, sir; have to 
mind her out of the tire. 


CAMPBELL VS. DOUGHTON. 


715 


Q. M lint nboiit her dress, eletlies?—A. Have to keej) them on her ;ill the 
time; has to have a s^nard all the time to keep on her clothes and keep her 
ont of the fire, I seen her ahont a month ajio take hold of a teakettle spoilt 
with water hoiling in it. 

Mr. W. IM. WILCOX testified as follows: 
l>irect examinafon by C. B. Spicek : 

Q. Yon I ve in Old Field Township, Mr. W.lcox?—A. Yes, sir. 

(,). Y^on voted there last elec-tion?—A. Yes. sir. 

(.J. r>id yon hand in the ticket of anybody absentee?—A, I handed in Mrs. 
Albert Oreer and Mrs. .less Ray. 

(}. Wbat was the jiol tics of Mrs. Jess Kay?—A. Both Keimblicans. 

Q. D d she have Republican ballot in her absentee vote?—A. Yes, s r. 

(). And certificate?—A. Yes. sir, 

(>. Had witnessed?—A. Yes, s r; .inst'ce of the peace certificate. 

(). She was at home?—A. At home. 

(). AVas she sick?—A. Y>s. sir. 

Q. Did slie have a doctor’s cert ficate accompany'n.ix it?—A. Did not; had a 
.inst ce of the peace certificate. She and her baby were both sick; sent me 
word to come and fix np her ticket. I sot a .jnst ce of the peace and taken 
h 111 there—Janies Worley. 

(). Yon banded it to wbom?—A. Resistrar. 

(). Mr. Houck?—A. Yes, sir. 

(). Gave it to b in in ]ierson?—A. Yes. s'r; handed both envelopes in to¬ 
gether ; t<dd him two votes. 

(J. What became of hei* ballot?—A. It doesn't appear on tbe poll book; Mrs. 
Albert Greer does. 

Q. Y"on have examined the iioll book of that townsh'p for it?—A. Yes. sir. 
r>o yon know Mi*s. Cai'olina Fox?—A. Y^s, s r. 

(}. How close do yon live to her?—A. Half mile. 

Q. What is the condition of her health?—A. Not sood. 

(>. Conid she come down here?—A. AV'onldn’t be safe in coming’, 

Q. AA’hat’s her politics?—A. Republican. 

Q. D d she make any statement to. yon about voting? If so, what was it? 

(Objection by contestee for the reason that it 's thought by counsel for con¬ 
testant to be hearsay testimony, which is incompetent.) 

A. She made a statement that she was afraid or couldn’t go to the election, 
as she had been told that if she did her pension would he stopped. 

Q. She had been told that if she went to the election and voted a Republican 
ticket her pens’on would he stopped? 

(Object on by contestee for the reason that attorney for contestant is at¬ 
tempting to jilace in tbe month of witness the answer wliich he desires.) 

A. I can’t say that if she said that if she voted tbe Republican fcket, hut, 
however, she was Republican; generally understood that she intended to vote 
the Republican fcket; however, I carried her to the polls and had her regis¬ 
tered. 

(>. Slie d'dn’t vote*?—A. No, sir, 

Q. She is receiving a State pension ?—A. Y>s. sir. 

Q. And the State pension officials are Democrats?—A. Y"es, sir; that’s my in¬ 
formation. I suppose they are. 

Q. Yon attended the registration place how many Saturdays during registra¬ 
tion ])eriod?—A. Ahont four; every Saturday that there was any registering 
there. 

Q. In your oh.servation was the registration conducted and the election held 
in your township fairly and impartially?—A. No, s’r; it was not. 

(‘. Against what psii’ty was the partiality shown?—A. Republican Party, 

Q. r)id yon have to beg and plead with the registrar in many instances to get 
him to register legally (pialified voters?—A. Yes, sir. On one occasion I had 
taken two jiarties wbom he had turned down—the husbands of the two parties—■ 
the second time and he reg stored them after he had put the test to them ; he 
had turned them down i)reviously. the Saturday before, and they come to my 
house. He could i-ead and write legibly, and told me that the registrar had 
turned hini down. I had him come on the following Saturday and bring his 
wife, and he first refused to hear him or i*egister him, and ordered me out of 
the house, and after prevail ng in a kind way he finally decided to hear the 


716 


CAMPBELL VS. DOUGHTON. 


applicant, and after putting them to the test registered lioth man and wife. 
He, however, on several occasions registered Democratic women without put¬ 
ting them to any test, only asking the question if they could read and write; 
sometimes answered and sometimes wasn’t, hut was registered. He refused 
several Kepuhlican women ; i)ut them to the test; denied them the right to regis¬ 
ter, as they couldn’t read and write eligibly. 

Q. What is your information? 

(Ohjecton by contestee for the reason that it calls for hearsay evidence 
which is incomi)etent.) 

A. Then he went over the township both day and night to the houses of 
Democratic women and registered them. On one occasion he went to Watauga 
County, and had one M ndy Younce brought to Ashe County side and regis¬ 
tered her; said Mindy Y^ounce has been living in Watauga for 12 months or 
more. She appears on the poll books as absentee voter. I was where she 
resides and works in Watauga County twice during the day of the election. 
She was at both times working, getting meals. Also Mrs. I. E. Duncan appears 
as absentee voter; was going about discharging her household duties during 
election day. 

Q. How did Mindy Younce and IMrs. T. E. Duncan vote?—A. Absentee. 

Q. Democratic or Kepublican?—A. Democratic. 

Q. Anyth ng else you know of?—A. I don’t know that I do right at this 
present time. 

Cross-examination bj' G. L. Park : 

Q. That’s all of your speech that you have memor'zed just now?—A. That’s 
all that I have any personal knowledge of; you might bring something to my 
m nd. 

Q. You are a llepuhlican, of course?—A. Yes, sir. 

Q. You say you were up in Watauga County twice the day of election?— 
A. Yes, sir. 

Q. INIindy Younce working as laboi-er somewhere?—A. As a cook. 

(]. Her home had been in Ashe County, hadn’t it?—A. \"es, sir. 

Q. And she was then up in Watauga cooking for Mr. IMcGuire?—A. l"es, sir. 

Q. Not far from Ashe County line?—A, Just across the line. 

Q. Do you know that Mi’s. IMindy Y'ounce had moved her citizenship from 
Ashe to Watauga—that is, that she had abandoned x\.she County as her home?— 
A. Nothing only her absence. 

Q. You don’t'know the intention wliether to live in Watauga or in Ashe?—A. 
She calls it her home in Watauga. 

Q. I will ask you if you knew her intention?—A. I don’t know her intention. 

Q. You say that the registrar went over the township and registered Demo¬ 
cratic women?—A. That’s my information; yes, sir. 

Q. You were not with him when he registered?—A. No, sir. 

Q. I will ask you if you can swear as a fact that he didn’t apply the same 
test to them as at the iiolling place?—A. Not as to these he registered away 
from the polling ])lace I couldn’t say. 

Q. You were not the registrar?—A. No, sir. 

(}. Not sworn as registrar?—A. No. sir. 

Y'ou were looking after what you woidd have done if you had been regis¬ 
trar and Kepublican, are you?—A. I tigured to that end that I would have give 
it to them equally, both the same test, if I had been registrar—would have 
given both Democrats and Kepublicans the same test. 

Q. According to your ability’?—A. Sure. 

Q. You spoke of the State iienslon otiicials being Democrats. T will ask you 
now if you mean to say that the pension board does not grant pensions to any¬ 
one except iiersons of the same political afliliation as the pension board?—A, 
I don’t know. 

Q. I will ask you now if you don’t know as a fact that pensions are granted 
to persons of both i)olitical parties in Ashe County?—A. I do not know, sh*. 

Q. Don’t you know that IMr, S. G. Parsons, a Kepublican, has been chairman 
of the pension board of this county?—A. No, sir; I do not know who any of 
the pension hoard are. 

Q, I wi'l ask you to state positively whether or not pensions are only granted 
to Democrats.—A. I don’t know that either. 

Q. You say that you went to the home of IMrs. Albert Gi’eei- and took a 
justT*e of the i>eace there and had an affidavit made?—A. Not to IMrs. Greer’s. 
She had a doctor’s oertiticate. I went to Mrs. Kay. 


CAMPBELL VS. DOUGHTON. 


717 


Q. You took the justice of the peace to Mrs. Kay?—A. Yes, sir. 

Q. At the time you took this justice of the peace to Mrs. Kay to have this 
artidavit made you knew that she was a Kepuhlican?—A. C’ertaiuly. 

Q. And as a partisan Kepuhlican you were attempting; to see that tlie Kepul)- 
lican vote was out?—A. I wouldn’t answer that as a partisan Kepuhlican. 

Cj. You were not doin.u’ that as a Democi’at, of cour.se?—A. I knew she wasn’t 
able to j;o. 

Q. You mean to say that jiartisan h-elin;; you had did not prompt you to do 
this? 

(The contestant’s attorney, after the attorney for contestee pro])ound('d tlie 
fore^roim; (luestion, ivmarked, “ AVhat dd you mean by jiartisan Kepuhlican?’" 
To which attorney for contestee remarked, “ Let the witness answer the ques¬ 
tion.” WhereuiMui the commissioner stated, “ Let the witness ansvrer.” There¬ 
upon the contestant pei'sonally requested that it ,i;o into the record, the answer 
(»f contestee and an explanation of what is meant by partisan. Whereupon the 
commissioner stated, “ Let tlie w tness answer,” but that if he did not want to 
answer, he need not’answer. The commissioner inserts in the record that the 
witiu'ss in examination asked the attoimey for the contestee to explain his 
meaninj; of a partisan, which he has not done at this time, and neither has he 
clianired his question as set out in the record. Whereupon the contestee, 
throu;;h his attorney, stated positively that the witness lias not demanded the 
exjilanation of what is meant by the question. Commissioner certifies that he 
di(l ask him to ask the attorney for the contestee as to the iiarticularity of tlie 
word ” paitisan ” and tliat witness is yet on the stand, and that attorney for 
the contestee can explain as to that word or he can take it out of the question, 
or he can restate h s question until the witness says he understands it, and 
tliereupon th.e commissioner will demand an answer of tlie witness. That upon 
the witness stating to the commissioner that he now understands the meaning 
of the question the commissioner requires of the witness to answer the question 
as set out and stated.) 

A. No; not altogether; she was a cousin of mine and she and her baby was. 
both sick. 

Q. You will not state that your relationshii) by blood would have caused you 
to do this if your cousin had been a Democrat, will you’?—A. \"es; on her 
request I would. 

Q. Had she requested you to come and bring a magistrate?—A. No, sir; she 
had not. 

Q. I will ask you if you did not go and take the magistrate to Mrs. Kays to 
take her affidavit out of your zeal and interest in youi- political party?—A. Par¬ 
tially, partially not. I couldn’t answer that positively either way. As I knew 
she was sick I couldn't say positively that I would have went just on account 
of my party. 

Q. Were you served as a witness by any officer to attend at this hearing?— 
A. No. sir. * 

(j. You have voluntarily cimie here to tc'stify, haven’t you?—A. Upon request. 

Q. No process of law forced you to come’?—A. No, sir. 

(j. Was your vote challenged at the last election?—A. Yes, sir. 

(j. For what reason was your vote challenged?—A. (’rime. 

(}. What crime’?—A. I have never been able to tind out. no witnesses against 
me, no challenger showed up. 

(j. You have never been convicted of committing any crime, have you?— 
A. I submitted to selling liquor and was fined. 

Q. Have never been convicted of any other crime?—A. Have been convicted 
for scrapping a little bit. 

(j. Never been convicted of any other crime?—A. No, sir; I think they had 
me in court for disorderly conduct over a scrap. I submitted to the case and 
paid the tine. 

i}. Yb)u were convicted of a tight and also of a nuisance?—A. No, sir. A 
kind of scrap we had at a speaking. 

Q. kind of gather'ng’?—A. We met to organize a Sunday school. 

(}. And you were not the promoter of that organization were you’?—A. I'es, 
sir; to some extent I was in that organization. 

(j. And you had a tight at your Sunday .school organization?—A. After it was 
dismis.sed. 

Q. You were not elected superintendent of the Sunday school were you?—A. 
No, sir. 


718 


CAMPBELL VS. DOUGHTON. 


Q. Were yon elected secretary or treasurer?—A. Yes; I was secretary of the 
Sunday scliool. 

Q, Yon were not elected serj?eant at arms of the Sunday school?—A. Didn’t 
have any otticer of that kaid. 

Q. After the Sunday school was over yon had a tight and was later indicted 
for a tight and d sorderly conduct?—A. Yes, sir. 

(}. And yon were convicted on both counts?—A. I snhmitted to both counts. 

Yon iiave never been indicted in anything have yon?—A. Not that I have 
any recollection of. 

Q. Have yon ever been accused of do ng anything else?—A. Well, I don’t 
know that I have, don’t remember of hearing any accnsathm at the present 
time, may have been accused. 

Redirect examinat on by Mr. (’. R. Spicer: 

(}. How long has t been since yon pleailed guilty to the charge of sel'-ing 
whisky?—A. Twenty-one years, 1900. 

Q. How long since yon had the tight in the Sunday school?—A. In 1907, 13 
or 14 years ago. 

(At this time the contestant gives notice to the contestee that h^ w 11 make 
mot on before the committee of elections in the Sixty-seventh Congress of the 
United States to throw out this record and not connt for either contestant or 
contestee the vote as shown by the returns foi' Clifton Townsh ]). Ashe Connt.v, 
for the reason that the registration hook and poll hook for sa d townsh j) was 
not returned to the proper custodian thereof as recpiired by law, thereby deny¬ 
ing to contestant the right and privilege to investigate the official record thereof 
in the pre])aration of th s testimony. Contestee, through his counsel, stated to 
contestant’s counsel, in open court and hearing on Tuesday, March 15, and 
before the registrar of (’lifton Townsh p was placed upon the stand as witness 
for contestant, that the registration and poll book for Clifton Townsh p had 
been returned and was n the office of the register of deeds of Ashe Count.v, 
and that such statement was made to contestant’s counsel with the further 
statement that “ we are now notifying you of this fact in order that you 
may examine both the registrafon hook and poll hook. That on March the 15th, 
1921, contestant placed upon the witness stand and examined the registrar 
of Cl fron Township as his witness. The contestant through his attorney re.io ns 
to the statement of contestee and desires to call attent on to the testimony of 
Henry Miller, registrar for ('lifton Townsh p, page — of the record, who testi¬ 
fied he did not return the hooks of Clifton Township until IMarch 15, 1921, the 
second day of this hearing.) 

(Hearing for Ashe County adjourned by the commissioner, INIonroe Adams.) 

North Carolina, 

A.s/ic County: 

I, Elisa L. Perkins, stenographer in the above hearing, being duly sworn as 
stenographer for said hearing, depose and upon oath state that the above is a 
true and correct cojiy and transcript of the evidence iiroduced before me to the 
best of my knowledge and ability, as stenographer, and included with said 
transcripts are all exhibits placed in my custody. 

May 12, 1921. 

Ensa E. Perkins. 

Sworn to and subscribed before me this 12th day of May, 1921. 

[seal.] W. R. Bauguess, 

United Htatei Coinniis.noner. 


North Carolina, 

.I.V//C County: 

I. Monroe Adams, iiotaiy public for and in county of IredeH as commissioner 
of testimony in the hearing of .Tames 1. Campbeli, contestant, and Robert I.. 
Houghton, contestee, do hei'ehy certify that the above transcript of the evidence 
by Ensa L. Perkins as stenographer is a true and correct copy of evidence 
produced before me as commissioner of testimony. 

[SEAL.] IMonroe Adams, 

Notary PuhJIc and Connnissioner of Testimony. 

My commission expires April 19, 1922. 


CAMPBELL VS. DOUGHTON. 


719 


TESTIMONY FOR 


CONTESTEE. 


This hearing' opened at the hour of 10 o’clock a. in, in the courthouse in 
Ashe County, on Thursday, March 24, 1921, with H. C. Tucker, a notary public 
in and for Ashe County, N. C., duly coininissioncd by the governor of the 
State of North Carolina, and his coiuinission exp.ring ^larcli 18, 1928, as com¬ 
missioner of testimony. 

Present on the part of contestant. Jas. I. Camiihell, and representing the said 
.las, 1. Camiihell, his attorneys, Monroe Adams and (1 B. Spicer. 

Pre.sent on the ))art of the contestee, Roliert L. Dougliton, the contestee, in 
person, and T. C. Bowie, \V. B. Austin, and G. L. Park, attorneys, and as sten¬ 
ographer to take tlie evidence, M ss Fan Barnett, who hy the commissioner 
was duly sworn to take the evidence and a correct transcript make, and return 
for the evidence in this hearing. 

W. B. AUSTIN, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examinatioh by Mr. Pakk : 

Q. Mr. Austin, following is a list of names which I now give that were chal¬ 
lenged, oi- contested, by the contestant as having voted in the election of 1920 
in Ashe County without having paid poll tax for the year 1919; Barnie Miller, 
Ellis Miller, Azer Miller, George Miller, Obids Township; V. E. Ballou, Piney 
Creek ; C, M. or Pete Phipps, Tom Reeves, Charles Brooks, Walnut Hill; Arch 
McAIillan, Will Miller, .lohn L. Roup, Emmet Price, Wiley Brown, Ed. T. Bare, 
W. B. Brown, Sam Blevins, Wiley Taylor, W. P. Sturgill, Chestnut Hill; W. O. 
Sai)p. .T. S. Sapp, Clifton; Fielden Hiirley, Thomas Hurley, Clint Goss, G C. 
Darnell, Thomas N. Ham, Horse Creek; Quincy E. Davis, Laurel; Charles 
Latham, Roger Barr, Walter W. Latham, Creston ; G. C. Dickson, F. H. Neal, 
Edwin P''oster, Lon Reeves, Dave Sexton, George Bower, Walter Weaver, Silas 
Monroe Bare, Willis Bare, C, B. Houck, Tom Osborne, D. S. Ball, IMac Lambert, 
P''red Rose, .1. B, Lewis, Ed. H. Woodie, .Jefferson; C. B.tHouck, .7. F. Houck, 
.1. C. Goodman, .John Tracy, W. M. Burkett, W. L. Younce, Earl Scott, Old 
Fields; Eb Atkins, .Tohn Greer, W, E. Church, W. H. Teague, Andrew Teague, 
Ira Teague, W. W. Goodman, Frank Friezeland, Walter .Tohnston, P.ne Swamp; 
Steve Mullis, Don Shatley, Matthew Sheets, Guy Badger, PId. Testerman, Sot 
Pennington, Willie Bare, II. A. Duvall, .Jefferson. In Old Fields Township, IMr. 
Austin, Barnie IMiller, Ellis Miller, and Azer Miller, and George Miller, please 
tell me all you know about their payment of poll tax?—A. I paid Azer Mdler’s 
poll tax either on April 29 or 30, 1920, and tendered the money and took the 
receipt from C. R. Latham, sheriff of Ashe County, for Barnie Miller, Ellis 
IMiller, and George Miller. 

Q. This tender was made for the payment of these taxes in cash at the same 
time .vou paid Azer Miller’s?—A. Yes, sir. 

Q. AValnut Hill Township, C. M. or Pete Phipps, Tom Reeves, and Charles 
Brooks, state all you know about this.—A. I tendered the money for C. M. or 
Pete Phipps on April 29 or 80, 1920, to C. R. Latham, sheriff of Ashe County, and 
demanded receipt. 

(N Charles Brooks, my understanding is, is on the paid list as certified to the 
sheriff. Have you examined that list?—A. I have. 

Q. Does his name appear on the list?—A. Yes. 

Q. Chestnut Hill Township, Arch McMillan, Will Miller, .John L. Roup, Emmet 
Pi-ice, Wiley Brown, Ed T. Bare, W. B. Brown, Sam Blevins, Wiley Taylor, and 
W. P. Stui'gill, what about their poll tax?—A. I i)aid .Tohn L. Roup’s poll tax 
to C. R. Latham, sheriff of xVshe County, either on April 29 or 80, 1920. I also 
demanded the poll-tax receipt and tendered the money to C. R. Latham, sheriff 
of Ashe Count.v, either on April 29 or 80, 1920, for Willie Miller’s poll tax and 
Wiley Taylor’s poll tax in Chestnut Hill Township. 

Q. Have you any other information as to the taxes?—A. I have no other 
information. 

(The contestant, through his attorneys, objects to information not sufficiently 
authentic by law.) 

Q. Have you any information as to W. O. and ,T. S. Sapp?—A. No. 

Q. Horse Creek Township, tell what you know about these taxes?—A. I paid 
Thomas Hurley’s poll tax to C. R. Latham, sheriff of Ashe County, on April 29 
or 30, 1920. That is all I know about it. 


720 


CAMPBELL VS. DOUGHTON. 


Q. Laurel Township?—A. I paid Quincy E. Davis’s poll tax to C. R. Latham, 
sheriff of Ashe County, either on April 29 or 30, 1920, for the year 1919. 

Q. Creston Township?—A. liogrer Barr is on the paid list that was certified to 
the sheriff in Jefferson Township, and Walter W. Latham is also on the paid 
list in Creston Township. 

Q. Jefferson Township?—A. I tendered the money and demanded receipt 
from C. R. Latham, sheriff of Ashe County, either on Aj)ril 29 or’ 30, 1920, 
for the poll tax of the following; parties, to wA: F. H. Neal, Lonzo Reeves, 
I)ave Sexton, Silas Monroe Bare, C, B. Houck, I). S. Ball—or Slate Ball, and 
Ed. H. Woodie; and I also tendered the money and demanded the tax receipt 
of Charles R. Latham, sherifi’ of Ashe County, either on April 29 or 30, 1920, in 
Peak Creek Townshii), of Fred Rose, who formerly livecl in Peak Creek and 
had moved to Jefferson Township. 

Q. You menton Lonzo Reeves—is that Lon Reeves?—A. Yes. sir. 

Q. Old Fields Township?—A. I paid T/inney Younce’s poll tax for the year 
j 919 to Charles R. Latham, sheriff of Ashe County, either on Axiril 29 or 30, 
1920, in Old Fields Township, and tendered the money for C. B. Houck to 
(’harles R. Latham, sheriff of Ashe County, either on April 29 or 30, 1920, for 
the year 1919. 

Q. P.ne Swamp Township?—A. I tendered the money and demanded tax 
receipt for the year 1919 to C. R. Latham, sheriff of Ashe County, either on 
Aj)ril 29 or 30, 1920, for the following: i)oll tax in Pine Swamp Township, to 
wit: Eh Atkins, Henry Teague, Andrew Teague, Ira Teague, and Walter 
Goodman. 

(>. Henry Teague and AY. H. Teague are the same person, are they not?— 
A. It is my understanding. 

Q. Walter (lOodman and AV. AAk Goodman is one and the .same person? 

C ihject'on by the contestant as to the witness’s understanding as to persons 
being one and the .same person.) 

A. It is my understanding. 

Q. Do you know AA'alter Goodman?—A. Yes. 

Q. Do you know what h s initials are?—A. His initials are AAk AAk 

(h Do you know Henry Teague?—A. Yes. 

(h AVhat are his initials?—A. I do not know his initials. 

Q. Jefferson Township?—A. I paid to Charles R. Lathanr, sheriff of Ashe 
County, on April 27, 1920, Guy Badger's poll tax for the year 1919, and tendered 
the money and demanded poll-tax receipt either on April 29 or 30, 1920, for 
S. C. Mullis. 

Q. AAJio accompanied you to the sheriff of A.she (’ounty at the time you 
paid and tendered the money to the sheriff of Ashe (kmnty for the payment of 
IKtll taxes of which you have just spokoi?—A. J. Frank Miller. AAhuTensville, 

X. C. 

(j. State just what you said and wh;!t was done between you and the sheriff 
with i-eference to the j)ayment of poll tax and exam nation of the tax books.— 
A. Mr. Miller and my.self went to the home of Charles R. Latham, sheriff of 
Ashe County on the sifternoon of April 29, 192(1, and went in and asked the 
sheriff to see the tax hooks for the year 1919. He refused to let us see the 
hooks; .said if we wanted any lioll-tax receipts we could call for them, at 
which time we told him we were tendering the money and demanding the poll- 
tax rece pts for all the names we calh‘d, and which we had on a written list 
for each townshi]) in the county. 

(j. Did you tender cash in payment for the poll-tax receipts demanded hy 
you?—A. Yes. sir. 

(j. Did you have with you a sufficient amount of cash to pay each and every 
p('ll tax that you demanded?—A. I had sufficient money with me to pay all that 
was not paid, and had .$4(H) or .$.701) left. 

(j. AVhat is the i)olit cal affiliation of C. R. Latham, who was then sheriff 
of Ashe (’oiinty?—A. He is a Republican. 

Q. All of the tax receipts for which you called, and for which you tendered 
the money were for taxes for the year 1919. were they?—A. Yes, sir. 

Q. Ml-. Austin, state whether or not a number of names whose votes have 
been challenged by contestant for nonpayment of poll tax were soldiers in the 
AA’orld AVar?—A. Yes, sir; I think so. 

(The contestee, as he has staff'd in other counties, and which has been in¬ 
serted in the record, again states that it is not his purpose to challenge the 
vote of any soldier or sailor for any cause, and espec.ally not for the nonpay- 
in'ent of poll lax, and now reipiests to know of the contestant if it is his purpose 


CAMPBELL VS. DOUGHTON. 


721 


t<) contest ol* challeiijie the vote of any soldier or sailor in the AVorld War on 
account of the nonpayment of poll tax in Ashe County. The contestant, not 
heinjr pi'esent in i)erson, can not s})eak or reply to this retpiest, but his attor¬ 
neys in rep'lyiin^ state that the records speak tor themselves as to who are chal- 
len.ued, and the denial of soldiers’ ri2:ht to vote mider the literacy contest, and 
that the literacy test and the poll-tax re(iuirements are l)oth recpi renients under 
the constitution, of tlie State of North Carolina, but so far as the attorneys for 
the contesiant know, tliey know of no intention of the contestant tendin.ii: to 
vary from his procedure in his hearing's up to tliis time. The contestee reply- 
inji' states that contestant so tar in his hearin.^js has had no lixed ])olicy as to 
the challenjiin^ of tlie votes of .soldiers and sailors in the late war on account 
of the nonpayment of poll tax. for that in Iredell and Rowan Counties the 
conti'stant challenj>ed the votes of such soldiers and sailors for the nonpayment 
of poll tax, and in Stanley (’oiinty, the home of the contestant, and where he 
in person appeared before the board of commissioners foi' said county and 
recpiested and ur^ed the exemption of ail such sold ers and sailors from the 
I/ayment of poll tax, :ind stated in the record, throuj;!) his coun.sel, that he 
would not challen,i;e the vote of any .such soldier or sailor in that county for 
failure of payment of i)oll tax. To which the attorneys of contestant rejom and 
state that they are not informed as to Stanley County, and that this hearing 
is not a hearing to pass upon Stanley County’s ev.deuce, and that Stanley 
County’s evidence is on record for consideration, which the conte.stee has the 
benellt of, and further re(iiiests the considerat.on of the committee in denial of 
the foregoing imdion before the comm.ttee of House as being irrelevant and not 
pertaining to the matter of this county.) 

Cross-examination by Mr. Adams : 

(^. Mr. Austin, I believe you are chairman of the executive" committee of 
the Democratic I’arty for the county of Ashe?— A. Yes. 

Q. And you state here in your examination that for the various and numer¬ 
ous names you testilied concerning the payment of poll tax you tendered the^ 
money to the sheriff of Ashe County for the purpose of paying their poll tax?—‘ 
A. A great many had sent their money in to me to pay their poll tax. 

. Q. You had on hand at the time you tendered this a very excessive amount 
of what was required in payment of poll tax?—A. I had some; yes. 

Q. Did you ask for the name of Will Miller, Chestnut Hill?—A. Yes; for his 
poll tax receipt, and tendered the money. ^ 

Q. Did you ask his initials?—A. Yes. 

Q. Did you ask for all these men’s initials?—A. Yes; every one of them. 

Q. Did you offer to pay the poll tax then and take the receipt?—A. Yes, sir. 

Q. You tendered the money for each one as you called his name?—A. The 
book was lying on the table between me and the sheriff’, and I told the sheriff 
to call over the names and demanded receipts for every name I called. 

Q. You did not ask hiiii to allow you to pay the poll tax of all the Demo¬ 
cratic voters that had not been paid?—A. I did not. 

How long was that before election?—A. That was on April 29 and 30. 

( 5 . Did the people for whom you tendered money come to you about their 
receipts?-—A. A great many of them did. 

(i. Do you know that F. H. Neal listed his tax for A.she County?—A. I do 
not. 

Q. Do you know that these gentlemen whom you tendered money for had 
listed taxes at that time?—A. I do not. 

Q. Do you know whether the .sheriff had any tax against them or not?—^A. 
No; he refused to let me see the books. 

Q. Mr. F. H. Neal is a very large property owner in this county, is he not?— 
A. He has very good property. 

Q. And the .sheriff told you he didn’t have any tax receipt, didn t he?—A. 
The sheriff tobl me he tho'u.ght he had paid his taxes. He did not last year,, 
but thought he had this year, and then told me he had nothing against him. I 

remember that very distinctly. ... 

(,). I believe .vou also testified that you thought quite a number of this list 
was sohliers?—I know some of them to be soldiers. 

(I I )o you know, of your own knowledge, that soldiers were turned down by 
the registrars on the literacy test in this county?—A. I do not know. 

Q. You are chairman of the county executive committee of the Democratic 

Rarty. are you not?—A. Yes. 

57090—21-40 



722 


CAMPBELL VS. DOUGHTON. 


Q. Did you af^ree not to challenge for the nonpayiueiit of poll tax in thi.s 
county?—A. I do not think there was any agreement about it. I do not know. 

Q. Did your registrar, under your supervision at any of the various pre¬ 
cincts in the county, apply the literacy test to all i>eople?—A. No; not under 
nij' supervision. I had nothing to do with that. 

Q. Do you know that they did apply the literacy test?—A. Some of them 
did. It was left with the individual registrar. 

Q. They did not proceed upon the theory of exempting soldiers from the 
literacy test, did th^^v?—A. I do not know. 

Q. You never heard of it if they did?—^A. No, sir. 

Q. Well, the literacy test and the poll tax are requirements of the consti¬ 
tution of the State of North Carolina, are they not?—A. Yes. 

Q. As a condition precedent to vote?—A. Yes. 

Q. Do you mean to testify that the sheriif actually refused to give you the 
receipts for money tendered in full payment of the taxes of these individuals 
that you testified to?—A. He did it. 

Q. Have you considered any prosecution against the sheriff in any of these 
matters?—A. I have not. 

C^. Did he ass.gn aiij' reasons for refusing to accept your money?—A. He 
did not. 

Q. You say you do not know whether they were listed or not?—A. No; I do 
not know. 

Q. You do not know they were charged with any taxes in the county?—A. 
No, sir. 

Q. You say you tendered the money for C. B. Houck in Old Fields Town¬ 
ship?—A. YTs, sir. 

Q. He voted in .Jefferson, did he not?— A. I do not know where he voted. 

Q. Do you know that he voted in Old Fields Township?—A. I do not. 

Redirect examination: 

Q. Mr. Austin, what was the political condition of the board of commis¬ 
sioners in Ashe Cknmty in 1919?—A. Republican. 

Q. Did they appoint the tax Esters for all the county?—A. Yes, sir. 

Q. You say you do not know whether these parties listed or not? I will 
ask you if you know whether they were liable for the poll tax that year or 
not?—A. Most of them were, and if they were not listed they should have been. 

(}. As a matter of fact, from the examination of taxes, if you made such, 
did it appear or not on that night a number of Democratic part.es who were 
l able for poll tax were not listed in each township in the county?—A. Yes; I 
found several instances of that. 

Q. Mr. Austin, you were asked about the registrars applying the literacy 
test. The duties of the registrars are fixed by law under oath, is that not 
true?—A. They are. 

Q. And they are the .judges as to what their duties should be—what they 
should do in the di.scharge of their duty?—A. Yes. 

Q. The contestee and the contestant are not under oath?—A. No. 

Q. It is a matter of their own volition?—A. Yes. 

Recross examination : 

Q. Mr. Austin, you .say that the requirements of the registrar to apply the 
1 teracy te.st is a reciuirement of law?—A. Yes, sir. 

(E And that their duties are defined. That is true, is it not?—A. Y'es. 

<}. And that the contestee and contestant are not under oath?—A. I do not 
think they are. 

(}. q^he registrars throughout the State are Democrats, are they not?—A. I 
take it they are. 

<,}. And the contestee is a Democrat, is he not?—A. Yes. 

(}. And, so far as you know, there are no i-egistrars who are Republicans?— 
A. I do not know. 

Q. Idien the literary test is left open to the registrars, and the contestee 
and the contestant should make an agreement; is that your version?—A. I said 
there was nothing in law to prevent them from making such an agTeement. 

(}. Well, if the contestee is so anxious about the agreement on behalf of the 
soldiers, he being a very prominent member of the Democratic Party of the 
State of North (’arolina, should their interest go to the extent of bring'ng to 
bear upon the reg strars to be lenient in the application of the consftut'on if 
they desired to waive the poll-tax feature?—A. It is left entirely to the 
reg’strars. 


CAMPBELL VS. DOUGHTON. 


723 


Q. That is the proper procedure of the registrar?—A. Yes. 

Q. If a soldier should not vote because lie could not read and write you 
then th nk that a man who had failed to pay his poll tax should be allowed 
to vote because he was a soldier, do you?—A. It is not a question for me to 
decide. 

Q. Which would be the most trouble—for me to procure an education, or the 
sum of about four or live dollars?—A. That depends on circumstances and con¬ 
ditions. 

Q. You would be willing to give $5 for an e{lucation if you were without 
one?—A. Yes; if I had the money. 

Redirect examination : 

Q. IMr. Aust n, it would be entirely out of place for a candidate for office to 
suggest to the registrar what he should do about registering votes?—A. I 
should think so. 

.1. F. IMILLEK, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Park : 

Q. IMr. Miller, were you present with Mr. Austin at the time on April 29 or 
80, 11920, when he called for and tendered the money jn payment and demanded 
tax receipts of the sheriff of Ashe County?—A. Yes, sir. He had a list of them. 

Q. Did he call lor each poll-tax receipt that he mentioiu'd in his testimony?— 
A. Yes, sir. Called for each one separately and indiv.dually. He had a list 
and went through h s list. 

Q. He did not call for the poll-tax receipts of all Democrats?—A. No. sir. 

Q. What did the sheriff do with reference to permitting you and Mr. Austin 
to examine the tax books in his hands for 1919?—A. He kept them away. He 
kept them to himself. 

Q. Did he refuse to let you see them?—A. Yes he did. 

Q. Did he say if you wanted any tax receipts you must call out the name, 
ami that the name must be right, too?—A. Yes. 

Q. Did you call for the tax receipt of Jas. Richardson in Clifton?—A. Y'es. 

(}. That is the home of the sher ff. is it not?—A. Ye*s. 

Q. Is there any other .Tas. Richardson in the township?—A. Not that I 
know of. 

Q. Did he have the name of Jas. Richardson on his tax books?—A. I do 
not know whether he did or not, l)ut he did not give me the Jas. Richardson 
I was calling for. I went to his father’s the next IMonday, on April 30, and 
got his proper name. It is Jas. H. Richardson, and then I got his receipt. 

Q. He i-efused to give you the tax receipt when you called for Jas. Ricii- 
ardson?—A. Yes; on the poll books it was Jas. H. and he refused to give 
us the poll-tax i-eceipt or accept the money for the payment of his taxes. 

Q. You have to have the full name and initial as they appeared on the tax 
book before he would give a receipt or accept the money?—A. Y^es. 

Q. iMr. Austin tendered him the money in payment of taxes called for?—A. 
Yes. 

Q. Who else was present at the time you and Mr. Austin called on the 
sheriff?—A. No one. 

Q. Where were you at the time you called at the sheriff’s home in Clifton?— 
A. In a room in the house. 

Q. Was there no one else in the room except you, Mr. Austin, and the 
sheriff?—A. No, sir. The next morning a gentleman came in and got his tax 
receipt that I remember. 

Q. Did he remain there?—A. No he got his tax receipt and left. 

Cross-examination by iMr. Adams : 

Q. You say you went with IMr. Austin on the tirst day he asked for the tax 
receipts?—A. Yes; on the afternoon of the 29th of April. 

(i. And you say the sheriff told you to call for the exact name?—xV. Cer¬ 
tainly. 

Q. You called for Jas. Richardson?— A. Yes. 

i}. He did not give you a receipt?—A. No. 

(j. Then you went home?—A. V\'e stayed at the sheriff’s the next morning 
and I had an interview with Richardsons’ people. I went to his father and he 
told me his name was Jas. Hilary Richardson. I called for Jas. H. Richard¬ 
son and he gave me the receipt. 


724 


CAMPBELL VS. DOUGHTON. 


Q. It has been stated the sheriff had the hooks, I believe, and that yon did 
not know the names to call for?—A. No, sir. AVe did not get to see the hooks. 

Q. And yon do not know whether the names were correct or not?—A. No. 

Q. People who are listed ,foi’ taxes in this county make a return, do they 
not. before the tax lister?—A. Yes; the tax lister takes their names. 

Q. And as he-takes their names, their names appear that way on the tax 
receipt?—A. It is judged to. 

(j. These tax hooks, or •I’etnrns, are accessible to anybody?—A. Yon conld 
see them on or nbont theMst day of INIay. Yon conld go to the scrolls at the 
conrthonse. 

(}. Now, the tax record that the sheriff has is made np from this scroll, is it 
not?—A. Yes. 

And this scroll is accessible for anybody to see at any time?—A. Y>s. 

Redirect examination: 

(}. The tax books are in the hands of the sheriff?—A. Yes. 

Q. Is it public property? Is it the same as the scrolls in the office of the 
register of deeds?—A. I can not answer. 

Q. It is a jmblic record?—A. It contains the taxes, the amount is charged to 
the sheriff, and I don’t know whether it wonld be considered public or not. 

Q. The other records are at the conrthonse?-^A. Y^es; they are in the regis¬ 
ter’s office. 

Q. And if yon want to get the correct name yon wonld have to see tlie sheriff 
at (llifton and then return and exannne the books?—A. Yes. 

Q. The sheriff did have a tax against .lames H. Richardson in his tax 
books?—A. Y^es. 

Q. And yon didn’t get it?—A. No; we did pot get it in .Tames Richardson’s 
name. 

R. L. REEA'ES, witness for the contestec', being dnly sworn, testified as fol¬ 
lows : f 

Direct examination by Mr. Park: 

Q. Mr. Reeves, who is Tom Reeves’?—A. He is my son, I reckon. 

Q. His home is in AValnnt Hill Township?—A. He has been working at 
Rural River. His home is here. , 

Q. Why was he there?—A. AVorking. 

Q. AAbis his poll tax paid on',or before IMay 1, 1920, for the year 1919?—A. 
Yes; I i)aid that myself a month or two before the 1st of INIay. I don’t know 
the exact date, but know it was paid, for I paid it myself. 

Cross-examination by ]Mr. Adams : 

Q. AVhat township do yon live in?—A. AA'alnnt Hill. 

Q. And yon say this was yonr son that voted?—A. Yes. 

Q. AA’hat was his name?—A. Tom Reeves. 

Q. How long has it been since Mr. Reeves went to Adrginia to work?:—A. 
He has been tliere, off and on, for the past five years. Perhaps longer. 

Q. He didn’t state that he intended staying there when he went—yon do not 
know his intentions abont that’?—A. Him and his wife lived over there. They 
moved here and lived a year, .and then they went l)ack. 

Q. He works there now?—A. Yes. 

Q. And his wife stays with him?—A. Yes. 

Redirect examination; 

Q. He has called this h's home all the time?—A. Yes; he pays taxes here 
and owns land. 

Q. And yon know for a fact that he has not move<l his citizenship from Ashe 
Comity?—A. He has not; and not only has lie not moved his citizenship, but 
his lied clothes are still here. 

Q. AA’ere any Republicans voting in the last election who had been out of 
the State?—A. I think so. 

Q. How abont Hani[) Blevins?—A. They say he voted. 

Q. AA’as there anybody else in yonr township; any other Republicans who 
had been out of the State?—A. I don’t remember. I think those who had been 
out working were not challenged on the part of the Democrats. 

Recro.'-‘S examination: 

Q. Blevins is the man yon said voted?—A. He said he did. 

Q, He is a single man?—A. Yes. 


CAMPBELL VS. DOUGHTON. 725 

• ^ iiiairieil man aiul his wife is staying with him in Vir¬ 

ginia?—A. Yes. 

.L A. JOHNSON, witness for tlie contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Bowie : 

Q. i\Ir. .lohnson, do you know M". H. Teague?—A. Yes. 

Q. Is M. H. Teague and Henry Teague the same person?—A. Yes. 

Q. He is a resident of Pine Swamp Township?—A. Yes. 

Q. Do you reside in Pine Swamp?—A. Yes. 

Q. Do you know Walter Goodman?—A. Yes. 

Q. Is A alter Goodman and W. W. Goodman the same person?—A. Yes; 
that is the way he signs his name; that is his initials. 

Cros.s-examination by Mr. Adams : 

Q. You say W. W. Goodman and Walter Goodman are the same?—A. Yes r 
that is the way he signs his name. 

Q. He signs his name which way?—A. W. W. Goodman. 

Q. That is the way he signs it?—A. Yes. 

Q. And what he goes by?—A. l"es. 

Q. Do you know of any other Goodman in the township?—A. Yes. sir. 

Q. Do you know that there is no other Walter Goodman?—A. I have never 
heard of any. 

Iledirect examination : 

Q. He goes by the name of Walter Goodman in the community?—A. Yes. 

Q. And signs his name W. W. Goodman?—A. Yes. 

Itecross examinatJm: 

Q. Which is his name?—A. Walter is his name. 

Q. Which is his signature?—A. I don’t know. He signs his name to his 
checks W. W. Goodman. 

B. HAItTZOG, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by IMr. Bowie: 

Q. Were you a Judge of the election held November 2, 1920, in Clifton Town¬ 
ship?—A. Y^es. sir. 

Q. As judge of your township, and a citizen and resident of your township, 
state whether or not. from your knowledge and oiiservation, the election in 
your townsh p was properly conducted and held?—A. I think so, sir. 

Q. From your observation and knowledge of the registration state whether 
or not the registration was proiierly conducted in your township?—A. As far 
as I know it was. 

Q. Do you know Henry Miiler?^—A. Yes. 

Q. Do you know his general character?—A. Yes. 

Q. What is it?—A. It is good. 

Q. Henry INIiller was reg strar in your townsh'p—Clifton?—A. Y'es. 

Q. Do you know Bob liaker, of Creston Township?—A. Yes. 

Q. Do you know his general character?—A. Yes. 

Q. What is it?—A. It is good. 

Q. He was registered in Creston Township?—A. That is my understanding. 

Cross-examination by INIr. Spicer: 

Wbo is Kachel Hartzog, Uncle liennie?—A. She is my wife. 

Q. Can she read and write?^—A. Yes. 

Q. Can she read ami write the constitution?—A. Yes. 

Q. Can Alice Biddle read and write?—A. I'es. 

Q. Can she read and write the constitution?—A. Yes. 

Q. Can I). B. Hartzog read and write?—A. Yes. 

Q. Can he read’and write the constitut on?—A. l^es. 

(). Do you know how many Bepublicars were tiiriud down in Clifton?—A. I 
think I do., I thirdc there were tliree. I th nk it was, if I am not mistalum. 

Q. Do you mean that they came to vote during the registration?--A, I don’t 
know about that. 


726 


CAMPBELL VS. DOUGHTON. 


Q. Who were the liepublieans tinned down?—A. Will Rose, ]\Irs. Queen, and 
Avery Ashley. I think Avery Ashley is a Democrat. 

Q. Who was the other Republican turned down?—A. Perhaps it was two Re- 
piihlicans and one Democrat. I am not certain. 

Q.. Yon have heard some complaint up there that tlie reiL^istrar used part al- 
ity in repsteriiijj:, have yon not?—A, I have heard complaint, ot' course. 

Q. Yon were at the pollinc;' place on re^ristiation days?—A. No. 

Q. Yon do not know how many Democratic women presented themselves for 
rejjistration ?—A. No. 

Q. Yon do not know how many Deinoci’ats were registered away from the 
polling jilace?—A. No. 

Q, All yon know is yon were a jndge of the election on election day; and that 
everything was orderly on that day?—A., Y^'es. 

Q. Reekie Hartzog, who is that?—A. IMy brother’s wife. 

Q. AVas she at the election?—A. No. She was not able to get there. 

Q. Did she vote ahsentee?—^A. A"es. 

(,). AA’as her signature to the certiticate?—A. Yes. 

Q. AVho was the witness to it?—A. I will not swear, but I think A. E. Camp¬ 
bell. I am not i>ositive about i’. 

Q. Do yon know what became of the cert licate?—A. No. 

Q. How many absentee votes were cast there?—A., I could not tell you that. 

Redirect examination : 

Q. Did any of the tickets of the ab.sentee voters have indorsed upon the back 
or on the margin of sncli ballots the name of the voter?—A. If they did, I didn't 
notice it. 

Q. You saw those tickets, did you?—A. I handled part of thenv. 

Q. Mr. Spicer asked you about some com])laint. I w 11 ask you to jilease state 
whether or not that complaint, or talk, that the election was not fairly held, or 
the registration not fairly had. was made and has been made by strong Repub¬ 
licans or partisan Republicans? —A. I think so. 

Recro.s.s-examination; 

Q. You say you have heard some complaint about the registration?—A. Yes; 
there was some complaint that Mi‘. IMiller was pretty tight on them. 

Q. You say most of these complaints have been made by Republicans?—A. I 
think so. 

Q. In other words, the Democrats haven’t any complaints?—A. I haven’t 
heard them. There were some, who did not get to register, but they were 
satisfied. 

Q. The Democrats are satisfied with it?—A. They didn’t raise any racket. 

HENRY MILLER, witness for the contestee, being duly sworn testified as 
follows: 

Direct examination by Mr. Bowie : 

Q. Henry, you were the registrar for the election of 1920 in your precinct, 
were you?—A. Y"es. 

Q. You were a witness and testified or gave evidence upon the hearing of this 
matter last week on the part of the contestant, were you not?—A. Yes. 

Q. As registrar of your precinct, were you sworn?—A. Yes. 

Q. Did you apply the literacy test?—A. Yes; to part. Those I knew person¬ 
ally could read and write I did not do it. 

Q. AATiat do you mean by inu’sonally?—A. I mean those I knew could read 
and write I did not apply the test. 

Q. You felt you knew they could read and write and you did not apply the 
test?—A. Y’^es. 

Q. Did you apply that test impartially and alike to both Democrats and Re- 
puhlicans?—A. Yes. 

Q. As registrar of your pi’ecinct, did you turn down any Republican appli¬ 
cants on account of their not being able to read and write?—A. Yes. 

Q. Did you turn down any Democrats?—A. Yes. 

As registrar of the election of 1920, and as election officer of your precinct, 
I wish you would state whether or not you conducted and performed the duties 
of your said office fairly and impartially under your oath?—A. Yes, sir; I did. 


(CAMPBELL VS. DOUGHTON. 


727 


J. T. .TONES, witness for tlie coiitestoe, be iig duly sworn testified as follows: 

Direct examination by INIr. Bowie: 

Q„ Mr. .Tones, yon are a resident, of Clifton Township, Ashe County?—A. 
Yes, sir. 

Q. ITo yon know the general character of Henry Miller?—A. Yes. 

Q. What is it?—A. It is good. 

Q. Do yon know the general character of Bennie Hartzoj:^?—A. Yes. 

Q. What is it?—A. It is jrood. 

(}. .Tjd-ce, do yon know anythinir about the poll-tax receipts of certain Repub¬ 
licans in Clifton beinu; in the book the 1st of May, and at the time to vote on 
election da.v?—A. I know of one. It was .Toe Richardson. I never saw it. My 
father said lie saw it. 

(Contestant, thronjth his attorney, objects to the hearsay testimony of the 
w'tness.) 

Q. State jnst what yon know about it.—A. Well, on the morning of the elec¬ 
tion, early before the polls opened, I was standing r'glit close to the window 
where we voted, and some one told me Miller was going to vote .Joe Richardson, 
I had heard his poll ta>r had not lieen paid. T went to Tom and took him to 
one side, and I says. “Tom, are yon go ng to vote .Toe Richardson?” And be 
says, “Yes: T reckon.” I said, “His poll tax has not bemi paid, has it, Tom?” 
He says, “ I have got his tax rece pt, but it is not dated.” I says, “ Now, Tom. 
my father told me he saw that tax receipt in the book after the Tst of ^lay, 
and said he was at Shei’iff Latham’s and was looking over his books and saw it 
there after the 1st of iMay ” ; and I says, “Tom, if yon try to vote him I am 
going to challenge him, for my father will .swear that bis tax was not paid, and 
another man will swear the same thing.” Tlie other man was Jake Daughtry. 
Jake said it was in the book. After I got through talking to Tom I went to 
the .sheriff and said. “Charlie, yon ought to do the fair thing about this. Tom 
is going to vote Richardson,” and he said he had h’S poll-tax receipt in h s 
pocket, bnt it was not dated. He said his poll-tax receipt was in the book 
after the 1st of May. That is what Sheriff Latham told me. 

Q. He didn’t vote?—A. No, s r. 

Q. Who was, or is, the Tom Miller yon speak of?—A. He is the man that run 
for treasurer of the county, W. T. Miller. 

Q. What is bis politics?—A. Republican. 

Q. And he was elected trea.snrer?—A. Yes. 

Q. From yonr knowledge and observation of the way the registration .‘ind 
election was held in yonr prec nct for the year 1020, state whetla r (*r not the 
election was fairly or unfairly held?—A, It was fairly held, so far as I know. 

Cross-examination by Ylr. Adams: 

Q. Yon say Joe Richard.son was there to be voted that day?—A. He was 
there; be did not vote. 

Q. He didn’t have his poll-tax receipt there that day?—A. Miller said he had 
his poll-tax receipt in bis pocket, bnt it was not dated. 

Q. Yon say also that so far as yon know the election down there was fair?— 
A. Yes, 

Q. Well, I believe yonr political faith is Democratic, is it not?—A. Yes. 

Q. And yonr father is a Democrat?—A. Yes. 

Q. And yon say yonr father says that the poll-tax receipt of Joe Richardson 
was in the book of the sheriff when he went down there to vote on election 
flay 7—4 xo; he said it was in the book after the 1st of May—np at Sheriff 
Latham’s. 

Q. Did yon see it there?—A. No, sir. 

Q. So, tiien. yonr father saw it after the 1st of May?—A. Yes. 

(}. Mr. Latham is sheriff of the county?—A. Yes. 

(). Well, as a matter of fact, yon know of yonr own knowledge that the 
sheriff did let Democrats see the tax books of this county?—A. They might 
after the 1st of ^lay. I don’t suppose they did until after the 1st. My father 
and sheriff is close’ akin, and he goes there right smart, and that is his way 
of doing. 

Q This was a Democrat wanting to see the books?—A. Yes. 

Q. And this was a Republican to be challenged?—A. I guess he would have 
voted the Republican ticket. 

Q. The sheriff himself was a Republican, was he not?—A. Yes. 


728 


CAMPBELL VS. DOUGHTON. 


Q. And there he was lettins: Democrats see tlie hooks to challenge Ilepnb- 
licans?—A. I don’t know what he was doing it for. 

Q. He did it, didn’t he?—A. I\Iy father said he saw the man's name in the 
book. 

Redirect examination : 

Q. Yonr father saw the tax re(*eipt in the shei’iff’s hook after the 1st day of 
Ma.v, sometime before the election?—A. Sometime between the 1st day of May 
and election. 

Q. State whether or not yonr father saw this Mi a day or two after the 1st ''f 
May?—A. Tt was a short time after the 1st. It was not very long. I could 
not say just how long. 

W,. H. OWENS, witness for the contestee. being duly sworn, testified as 
follows; 

Direct examination by IMr. Park : 

Q. I\Ir. Ow’ens, yon were registrar of Pine Swamp Townshiii?—A. Yes. 

Q. Did yon allow any parties to vote in that election who.se names wore not 
on the registration book and were put on the day of election?—A. We allowed 
four—I conld not find the names—Henry iMiller, Joe iMiller, Dr. Phillips, and 
Allen Yates. 

Q. Yon had not been registrar formerly?—A. No. They claimed that Allen 
Yates had been in the Army and he had never registei'ed before me. He came 
to vote that evening, and I told him he hadn’t registered. He said he registered 
before the primary last iMay a year ago. 

Q. What was the politics of these four men?—A. They were Repiibl'cans. 

(Contestee states that it is not his purpose in offering the testimony as to the 
four men voting, whose names were not upon the registration book in Pine 
Swamp Township, to challenge or contest said votes, hut the purpose is to 
show the liberality and fairness of the election officers conducting and holding 
said election.) 

Q. Mr. Owens, in registering the voters in that township dhl you make any 
discrimination between the RepuhlicAns and Democrats as to their qualifica¬ 
tions?—A. No. 

Q. D'd you apply the literacy test to all of them alike?—A. I did not anply 
the t<^st to any of them until about the last Saturday, and then I applied it to 
one the same as another. 

O. Which party registered most during the first part of the registration?— 
A. The Republicans. 

Q. That was when you were not applying the test?—A. Yes. 

Q. If either party got the advantage the Republicans got it?—^A. Yes. I 
reg'st^^red more Renublicans first than Democrats. 

Q. That Is the time you were not applying the test?—A. Yes. There were 
lots of Democrats who didn’t come in and several Renublicans. and I went out 
and registered all of them. I didn’t make any discrimination between them. 

- Q. Mr. Owens, did you discharge your duties as ?-egistrar and officer of elec- 
t’’on fairly and inqiartially. to the best of your ability and skill?—A. I did. 

■ O. You know Henrv Teague?—A. Yes. 

O. What are his initials?—A. W. H. 

' O. Henry and W. H. Teague are the same?—-A. Yes. 

Q. Do you know Walter (Toodman? —A. I think I do. 

Q. What are his initials?—A. They are AY. W. 

Q. Are Henry Teague and AYalter Goodman the same men?—A. Yes, sir; the 
same men. 

Cross-examination by Mr. Adams: 

Q. Did these gentlemen, AY. T. Teague and AY. AAM Goodman, vote that dav?— 
A. Yes. 

Q. Did they have their poll-tax receipts that day?—A. No. 

Q. AA'ere they required to take the oath?—A. No; we voted four under an 
affidavit that the money had been tendered to the sheriff of the county. We 
asked them if their tax had been paid, and they said no, but the money had been 
tendered. 

Q. AAMio made this affidavit?—A. I suppose it was Mr. Austin and Mr. T^Iiller, 
the same men on the stand here to-day. 

Q. You were registrar there?—A. Yes. 


CAMPBELL VS. DOUGHTON. 


729 


Q. Mr. Austin is the attorney appearing for the other side?—A. Yes. It was 
made before some one and Mr. Austin signed it. 

Q. What four voted on tliis adidavit?—A. Heni*y INIiller; Ira Teague, IVillie 
Bare, and Eh Atkins. 

Q. That atiidavit did not state that the taxes liad been i)aid?—A. Said the 
money had been ttmdered. 

Q. Have you got The afiidavit?—A. No, sir; I gave it to Mr. Austin. 

Q. Do you understand the constitution to retpdre that the poll tax shall he 
paid?—A. I could not tell you. I always thought when money was tendered for 
any debt that that settled it. 

(}. But if they did not take the money, what is your construction?—A. I 
thought it settled it when the money was tendered. 

Q. The constitution says it* shall he paid, does it not?—A. I guess so. 

Q. But if a man refuses to take it, it looks like it might he different, does it 
not?—A. If I olfered you money for a <leht and you didn’t take it, I would con¬ 
sider I had paid it anyhow. That is what I think. 

(}. Do you know that that tender was made up to the last day?—A. I never 
thought a thing in the world about it until I was ai-rested on it. 

Q. You weie registrar in that i)recinct?—A. Yes, sir. 

Q. You voted these four gentlemen whose names you have called on the 
strength of that affidavit sent in by Mr. Austin? If that atfidav t had not been 
.sent there you would not have voted them?—A. If they had been Kepublicans 
it would have been the same. I voter] them on the strength of that atiidavit. 

Redirect exam nation : 

Q. They swore out a warrant for you for letting those fellows vote?—A. They 
swore out two. I have been tried on one. Due is pending for next IMonday. 

Q. And they are going to try you before a Republican magistrate?—A. Yes; 
ami one of their own kind cleared me, for I hadn’t done anything except what 
was right. 

Q. These parties were qualified except the })oll tax?—A. They produced an 
affidavit that they had tendered the money, and under these instructions I 
decided, and the judges with me, that they were entitled to vote. I showed the 
affiavit to Mr. Johnson, and he looked at it. and we both decided it was good, 
and when I had the affidavit in the room we notified them. June Baker was the 
other Republican, and I pushed the affidavit down to him and let him look at 
it, and he never said a word until he voted, and then he said he challenged them 
and had a fellow to take down the challenge. 

Q. You and Johnson decided then that the money had been tendered and they 
were entitled to vote?^—A. I never thought anything else until I was arrested. 

Q. Did he challenge them before they voted or after?—A. I am not sure; 
there were so many voting I can’t remember. The challenging done was by June 
Baker. Hamp Miller came and voted, and he said, “ I challenge you ” ; and I 
says, “Hamp, have you paid youi* tax’’? and he said. “Why, certainly’’; and 
he started on by and June called him hack, and he said you are fraudulently 
registering him; and I said, “I will swear him anyway you say,” and had a 
piece of paper in my pocket witli the oath on it, and I told him I would have 
him sign that; and he said vre didn’t have time; and then I swore everyone. 
That was exactly the way it was. 

Q. What was done about Dick Goodman and his mother?—A. I went there 
to register h'm and his mother, and I asked them if they could read and write, 
and they were sitting on the porch and they said they could. Dick says, “ Ma 
can’t read a line to save her life.” lie says, “ Give her a pencil and let her 
write you off a little.” I thought he was jok ng, and he said after the election 
he was. I would not j-egister her. I held her name off the registration hook 
until I could get an affidavit or a sample of her writing, and she wrote it and 
fianded it to .Tune Baker, and then also Rufe Goodman swore he saw her write, 
and then I put her name on the hook. Dick was a Republican and his mother 
was a Democrat. 

Gross-exam'nation by Mr. xVdams : 

Q. Did these gentlemen make an affidavit that th.ey had tendered the money ?— 
A. No; they said the money was tendered. 

Q. And this affidavit of Mr. Austin’s is what you voted them on?—A. l^es. 

i}. Where did you get the affidavit?—xV. I don’t know. I believe Mr. Harri¬ 
son Lemly gave it to me. It was on Saturday—two or three <lays before the 
election he gave it to me. 


730 


CAMPBELL VS. DOUGHTON. 


(}. Wh’ch one of tlie jndjros did yon say yon took this to and talked it over 
with?—A. Mr. Johnson, and al.so showed it to Mr. Baker on the inornini; of the 
election, and he ^ot mad and didn’t want to do anything:. Was ont of hninor. 
Was not in favor of votin.ir. He cliallen.ijced several and then we straightened 
it ont. 

Q. About how many Kepnhlicans d'd yon turn down in yonr township?—A. I 
do not remeinher. The best I recollect it was 11 Kepnhlicans and 9 Democrats. 

Q. Yon testitieil in a former hearing?—A. \"es. I gave the names on both 
sides, the Democrats and Kepnhlicans. 

J. K. JOHNSON, Mitness for the contestee, being duly sworn, testified as 
follows: 

Direct examinathm by Mr. Park: 

*Q. Were yon one of the judges at the election?—A. Y^es. 

Q. Democratic judge?—A. Yes. 

Q. Do yon know Mr. W. H. Owens?—A. Y’'es. 

Q. How long have you known him?—Twenty-five years. 

Q. Do yon know his general character?—A Y’'es. 

Q. What is it?—A. It is good. 

Q. Is Walter Johnson yonr son?—A. Yes. 

Q. He voted at Pine Swamp?—A. l"es. 

(}. Was he a resident of Ashe County at the time he voted in the State?—A. I 
suppose so. He always lived here. He was away at the time—voted absentee. 

Q. He treated yonr home as h s home?—A. Y’^es. 

Q. He was in the war, too, I believe?—A. Yes. 

Cross-examination by Mr. Adams : 

(}. Y"onr son is in Ohio somewhere?—A. Yes; in Akron. 

Q. How long has he been working ont there?—A. He first went there in April 
or IMay before the election. 

Q. He is a married man, is he not?—A. He came home and married in July. 

Q. Did he take his wife with him?—A. Sometime after that. 

Q. And they live ont there, and have since that time?—A. Y’^es. 

Kedirect examination: 

Q. They were ont there temporarily?—A. Y"es; they are coming back. They 
are just boarding and working for wages. 

Kecross-examination; 

Q. Yon say he is working for wages?—A. Yes. 

Q. Has he any property here?—A. Well, no; he does not own any real estate. 

Q. Conditions proving favorable, yon think he would stay there?—A. No; he 
is coming back. His wife wrote me she was coming back. 

Q. Before that time you didn’t know?—A. Yes; they talked all the time like 
they was working ont there and would come back. 

Q. Did she write a few days they were coming back?—A. They didn’t intend 
to come until fall, but now they are coming this spring. 

Q. They were not definite about coming this fall?—A. Not until a little while 
ago. 


J. H. COLVAKD, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Bowie: 

Q. Hamp, yon were one of the election officers in yonr township in the last 
election?—A. No. 

Q. The polling place is near yonr house?—A. Y^es. 

(y The registration was conducted i\ght near yon preceding the election as 
required b.v law?—A. I suppose so. 

Q. State in yonr opinion and what yon know of the way the reg'strat'on was 
conducted and the election held whether it was fairly and impartially held? 

(The contestant objects to the witness testifying as to his opinion of matters 
pertaining to the election or as to the hearsay of the witness.) 

A. I think it was a fair and imiiartial registration and election. The regis¬ 
tration was held in my house, and the election was held in the building outside. 
I know very well about the registration. I think that was fair. 

Q. Do yon know Bill Owens?—A. Yes. 


CAMPBELL VS. DOUGHTON. 


731 


Q. Ho WHS tlie rejjistrar of your township?—A. Yes. 

Q. Do you know his ^^eneral cliaraoter?—A. Yes. 

Q. What is it?—A. It is good. 

Q. Do yon know Iloin Johnson?—A. Yes. 

Q. Do you know liis general character?—A. Yes. 

Q. What is it?—A. Good. 

Cross-examination by IMr. Adams: 

Q. Tlie registration was conducted in your house?—A. On the porch, or in 
tile house. That is on tlie regular days required. My store and the voting place 
is just a short distance apart, not over 50 yards. 

(}. Has there been some complaint about the application of the literacy test 
in that precinct?—A. There may have been something said, but I do not know 
personally that 1 have heard anything. There is always some gruinhl ng by 
some folks. 

(). On the days other than elect On day your registrar went out over the pre¬ 
cinct and registered voters?—A. That is my information. He registered 
some. 

(}. He went around registering people?—A. Yes; some women who were 
not able to come. 

(). That was out through the entire precinct?—A. Over the entire precinct, 
I think. Everywhere they sent for him. 

Q. You know as to the reg stration days he was there?—A. (k'rtainly. 

Uedirect examination : 

(). Your information is that he registered Democrats and Republicans 
wherever he went?—A. Yes; he seemed to be mighty fair about it. 

Kecros.s-examination: 

(). Did you reg ster more Democrats or Republicans?—A. Republ’cans. They 
swarme^l in there by wagonloads as soon as the books were opened. They 
registered early—earlier than the Democrats. 

Q. Plow many Democrats registered early?— A. I don’t know; a good many. 

Q. Which ones register’d most at tirst?—Well, the Republicans seemed to reg¬ 
ister lirst. They swai'ined to get on the book. Seemed to want to get oai the 
first few days. The big majority of the Reimblicans got on the tirst few days. 

Q. And in the last few days most of the Democrats were not registered?— 
A. They reg'stored along pi-etty well. They did not register as early and as fast 
as the Republicans, but they kept coming in. 

Your I’egisti’ar did not go out to register people over the township until 
the latter part of the registration period, did he? —A. I really don’t know 
about that. I can not answer. 

Q. Don’t know when he went out?—A. No; I i-eally do not. I don’t really 
remember whetlu'r it was at the last or somewhere about tbe beginn ng. 

i). If you regist('red mo.st of the Republicans there and they registered the 
first of tlie period, necessarily his trips would he to get the Democrats?— 
A. Not altogether. He registered lots of Republicans who were not able to 
come. I do not think many of them waited. Some of the folks he registered 
offered to pay h in for his time. 

Q. He did it for accommodation?—A. I suppose so. 

I. N. PIUDLPRt, witness^for the co'ntestee, being duly sworn, testified as 
follows: 

Direct exam'nation by Mr. Paiik : 

(). You gave your evidence, or testimony, in a hearing held by the con¬ 
testant during last week, d (1 you not?—A. Yes. 

(.}. You were I'e.gistrar in your township for the election of 1920?—A. Yes. 

Q. Did you appl.v the literacy test?—A. No, sir. 

(}. Did you register the voters—both Democrats and Republicans—alike?— 
A. All that would take the oath. 

(>. D (1 you make any discrimination in the oath or in the requirement?— 
A. No sir. 

(j. As reg’strar, did you faii’ly and inqiartially conduct and perform the 
duties of said oflice to both Iiemocrats and Republicans?—A. Yes, sir; I did. 

(h’oss-examination by IMr. Adams; 

O. Mr. Hudler, you were sworn as registrar, were you?—A. Yes. 

Q. You (1 (1 not apply the literacy test to anyone?—A. No. 


732 


CAMPBELL VS. DOUGHTON. 


Q. Did you receive any instructions to apply it from Mr. Austin?—A. No, 
sir; I (lid not. 

P>. W. MILLER, witness for tlie contestee, ’oeinj? duly sworn, testified as 
follows: 

Direct examination by Mr. Paiuc : 

Q. iMr. M.ller, you live in (Jliestnut Hill Township, Ashe (^)unty?—A. Yes. 

Q. Do you know Will IMiller?— A. I ouj>:ht to; he is my son. 

(h He was challenj^ed because of failure to pay his poll tax for the year 1911) 
on or before May 1. Now, I want you to state whether or not his poll tax was 
paid.—A. It certainly was, for he come uj) here for that business and fetched 
the receipt hack and j;ave it to me. and I had it on the day of election, and I 
have ji'ot it at home. 

(>. Mr. M.ller, do you know IMartha L. Richardson, dauj^hter of Ad Rich¬ 
ardson?—A. Yes, sir. 

D. Do you know when she was horn?—A. Yes; I think I do. 

(}. When was she horn?—A. She was horn the 30th day of .Tanuary, 1900. 

Q. Was she 21 years of ajre on November 2. 1920?—A. I do not think so. 

Cros.s-examination by iMr. Adams: 

Q. You say Will Miller is your son?—A. I luwer heard it disputed. 

(}. You say you paid his poll tax?—A. No; I didn’t pay it. Hi:* come up 
here with the money, and I judge he paid it. He had the rece'pt. 

i}. You do not know that he did pay it?—A. He come hack with the rece’pt 
all right. 

Q. And you saw the receipt?—A. Yes. 

Q. And you say that it was during court—April court?—A. Yes. 

(). You have been in attendance here th’s week?—A. Yes. 

Q. You heard the testimony of Mr. Austin, did you not?—A. I suppose .so. 

(h Did you hear h'm te.stif;!' that he tendered the money for the payment of 
this poll tax just a few days before the 1st of May, 1920?—A. I heard it, and 
if I have to come hack I will show the tax receipt and show you that I am 
right. 

Q. Mr. Miller, Air. Austin testified this moiming that he tendered the money 
in payim nt of this tax after this occurred, did he not?—A. I don’t know. I 
can not keep ui> with that—all that. 

Q. Mr. Austin testified to quite a list that he had pa'd and tendered for, 
didn't he?—A. Right smart. 

Q. You heard him call your son’s name?—A, There is some mistake. There 
is a Wm. q\ Miller, and there is a mistake in the challenge. 

Q. Anyway, you know it was paid?—A. I know he had a rece’pt. 

Q. That is some evidence it was paid at the April court before May 1, 1920?— 
A. Yes. sir. 

Redirect examination : 

Q. iMr. Austin further testified that the sheriff refused to show him the tax 
hooks and he just had to call for names for their taxe.s, not knowing wludher 
they were paid or not paid?—A. Yes, sir. 

Recro.s.s-examination: 

Q. If your son had paid it, and you had seen the receipt before Mav 1, and 
at the Aiu-il court, then T was paid when Mr. Austin testified he was up here 
tendering the money for it. was ’t not?—A. I think so. 

Q. And if it was paid then, and you saw the receipt, there was no use for 
him to make a tender for that man’s poll tax?—A. It don’t look like it, hut he 
didn’t know whether it was paid or not, 

Q. Does your son live with you down thei’e?—A. Y^es, 

Q. Your son is able to pay his poll tax, is he not?—A. I suppose so. 

Q, If not, you would i)ay it for him?—A. YT‘s ; he has a little money, I think. 
Q. Mr. IMiller, knowing the facts as you do, and having seen your son’s poll- 
tax ieceii>t sit the time you did, do you think that either you or your son would 
after that t ine authoiize IMr. Aust n, chsiirman of the executive committee of 
the Democrsitic Party of tins county, to pay that poll tax?—A. I suppose not 
I didn’t. 

Q. Do you know I. N. Hudler?—A. I do. 

Q. Do you know his general character?—A. Yes. 

Q. What is it?—A. It is good. 


(CAMPBELL VS. DOUGHTON. 


733 


J. E. I’LUMMER, witness for the coiitestee, heins duly sworn, testified as. 
follows: , 

I )irect examination hy Mr. P>owie ' 

(). Mr. Pliiinnier, do you know INIr. I. N. Hudler?—A. Yes. 

Q. How Ions have you known him?—A. 25 or SO-yeafs, I guess. 

Do you know his general character?—A. I think so. 

Q, Wliat is it?—A. It is good. 

Q. Were you an election otlicer of your township for the election of 1020?— 
A. Yes. I was a judge and have been one for the last 30 years. • 

Q. As an election officer, from your knowledge and observation was the elec¬ 
tion of 1920 in your townshii) fairly and honestly and impartially held?—A. I 
think it was. As much as I ever knowed one to be. 

Q. I).d AMley Brown vote?—A. I doirt think there is any Wile.y Brown in 
that township. If there is a Wiley Brown I don’t recollect him. 

Q. W. B. Brown—is that AViley Brown?—A. I don’t recollect the initials.. 
There ai'e three or four Browns, hut no AA’iley. There is a AATley Brown in 
Grassy Creek Township. Use to live in AA'alnut Hill and use to be in Chestnut 
Hill. 

(,). There was a AA’illie Brown who voted in your township last election?—A., 
He didn’t vote. 

(). Did AA\ B. Sturgill vote?—A. Yes, sir. 

Q. AA'as he in the AA’orld AA"ar—a soldier?—A. No, sir. 

Q. D.d any of the soldier hoys vote without tax receipts or without paying 
poll tax?—A. I think they did. 

Q. AA’ho was the tirst one that voted?—A. iMy recollection is it was Charlie 
Caldwell. 

Do you know how he voted?—A. Republican ticket. 

(p AA'as there any agreement or not between the election hoard, yourself, 
and the registrar and other judge that they would permit soldier boys to vote 
without paying poll tax?—A. Yes, there was such agreement. It was agreed 
that any soldier boy could vote whether he produced a poll-tax receii>t or not. 

Q. And you appl ed that to Republicans and Democrats alike?—A. There 
was no i)olitics in it. Did it as a matter of justice and honor to the boys for 
their patriotism. 

( It is not the pur])ose of contestee to challenge the vote of Charlie Caldwell,: 
but tins evidence is offered for the purpose of showing the fairness, liberality,, 
and impartiality of the election officers in the discharge of their duties as such.) 

Cross-examination by Mr. Adams : 

Q. You said you did not ai)i)ly the I teracy test in your township at all?—• 
A. I was not the registrar. I don’t know what they done. 

i}. You were one of the judges?—A. I was a judge. 

(}. Nobody was turned down on any cause in your township?—A. You mean 
tbe registrars? 

(). Yes.—A. I don’t know. I was only a judge the day of election. There 
was not that day. The soldier boys was not turned down oh account of tax 
receipts. 

(>. AA’ere they turned down on account of the literacy test?—A. The soldiers- 
were not turned down at all. 

Q. They didn’t challenge them for anything in that township?—A. Yes; they 
challenged some fellows on the day of election. One fellow that had sent in 
his check for the money and hadn’t got his receipt. Sent in his check, he 
claimed, the 28d of April, and Ids receipt was dated INIay 10. Another felhnv 
Me didn’t let vote. AA’e challenged him because he M^as not on the paid-up li.st, 
and he come up and produced his receipt, and we couldn’t keep him from 
voting. That is the only two challenge<l that day. 

Q. You do not know how the registration M^as?—A. No; that Avas not my 
bu.siness at all. 

I. N. HUDDP:R, recalled by contestee, testified as folloM^s-: 

Direct examination by Mr. Bom ie : 

Q. Air. Hudler, as registrar of Chestnut Hill Township and election officer. I 
wish you would state whether or not Phnmet Price M’as in the Army service 
of the United States in the AA'orld AAhir?—A. A"es, sir. 

Q. AVas Arch AIcAIillan in the Army service?—A. Yes. 


734 


CAMPBELL VS. DOUGHTON. 


(i. Wiley Brown in the service?—A. I do not recollect whether he was 

or not. 

Q. Did Ed T. Bare vote?—A. No. 

Q. Was Walter, or W. B., Brown in The Army or Navy in the World War?— 
A. I think he was. 

Q. Was Sain Blevins?—A. Yes; lie went across. 

Q. W. P. Stnrsill; what about him?—A. His name, it was claimed, was not 
on the paid 1 st, and he wa'^ challeiified. He come up to vote and they challenged 
him. It was footed ui) in the column $2.55 had been paid, and the judge agreed 
to let him go. 

Q. He had a tax receijit from the sheritf showing that he had paid his poll 
and property tax, but bis name did not appear on the paid list?—A. Yes, sir. 

Q. State whether or not there was any agreement between you and the Demo¬ 
crat c judge and the Bepublican judge that soldier boys were allowed to vote 
in your precinct without having paid, or produced, a poll-tax receipt?—A. Y^es; 
we agreed to let them all vote. 

Q. And these men all voted without objection?—A. Yes. 

Q. No challenge?—A. None except on AV. 1\ Sturgill and Badger. 

Q. Badger jiaid his tax?—A. No; he had sent a check to the sheriff, but 
hadn’t got it back. Sent it before the 1st day of April, but didn’t get his 
receipt. They objected to him voting and we left him off. He didn’t vote. 

A. P. BAKKKK, witness for the contestee. being duly sworn, testified as 
follows: 

Direct examination by Mr. Bowie : 

Q. You were registrar in Walnut Hill Township on the last election, I be¬ 
lieve, Mr. Barker?—^A. Y^es. 

Q. Did you apply the literacy test?—A. Well, I made it a rule when I first 
commenced registering that everyone who could write his name plain enough I 
would register him. I took it for granted they couhl read. 

Q. Y"ou were pretty liberal with them all?—A. Yes, sir. 

Q. Did you apply the same test to the Democrats that you did to the Re¬ 
publicans first, last, and all the time?—A. I did. 

Q. Did you all vote any parties on the day of election whose names did not 
appear on your registration books?—A. Yes. 

Q. How many?—A. Two. One of them was Hamp Blackburn and the other 
Avery Hurley. Hainj) had been gone from this country for from four to six 
years, to the best of my recollection, and his father come to me and asked 
if his name was on the book. I told bim “ No,” and he said, ” I think he ought 
to be and ought to vote. He is a soldier.” I said, ” I think so, too. I think 
all soldier boys ought to have the right to vote, and anybody eDe that lives 
here and we know are citizens.” His father said the Attorney General had a 
ruling that the soldier boys didn’t have to pay i)oll tax. Nobody had questioned 
the poll-tax business. I walked in tbe house and put his name on the book and 
he voted. 

Q. AVhat was his politics?—A. Republican. . 

Q. How did he vote?—A. Republican ticket. Then it went on until the 
absentee vote was given and Avery Hurley’s name was called, and tbe Re¬ 
publican judge objected. We stopped right there and I called Tom Price, and 
he made the statement that he had lived at his house—stayed there and 
worked for him, and that his children done his washing. That was before he 
went away. And after he got back he also stayed with him and h's children 
done his washing, and then the Republican judge said he was entitled to vote, 
and conseiiuently we took his vote that way. 

Q. Do you know anything al)out his voting anywhere else?—A. No, sir. He 
sent his vote to me and it got here two weeks before the election through the 
mail from somewhere in West Y'irginia. 

Q. Now, in conducting the election down there, did you fairly and impar¬ 
tially conduct that election to the best of your skill and ability?—A. .Tust as 
fair as I could. 

Q. Didn’t use any partiality?—A. In no shape, form, or fashion that I could 
gee. When it come to registering. I give them all the same privilege. 

Q. Did you all keep poll books that day?—A. Yes; two. 

Q. What did you do with them when the election was closed in the after¬ 
noon?—A. AVhen we was signing up our ]>ai)ers and getting them all fixed up 
they ap])ointed me to bring the returns in here, and I was getting my books 
and I missed one of my ixdl books, and I hunted for it and couM not find it. 


CAMPBELL VS. DOUGHTON. 


735 


<111(1 it caused me anxiety. I tboiij^lit I was in charge of them and was the legal 
one to have charge of them. Dolphns Hartsal come np to me and told me he 
saw -INI. M. Blevins slip a hook under his coat and say to Hamp Blevins, “ Let’s 
go. ’ I (piit hunting for it then and got np the rest of my papers and went 
on and one of the Democratic judges went with me over there, and I went 
to the phone and called up Mr. Blevins to inquire if he was at home, and his 
wife said he hadn’t come. I told her as soon as he got there to tell him to call 
me iq) and she said she would. Mr. Denny told me when he called me to go to 
the phone and say something about the hook, and when he was asked aliout it, 
if the hook was there, he said, Yes,” and he was told that the hook had better 
come hack pretty quick, and the next morning aliout daylight he fetched it 
back and delivered it to Mr, Denny, and I got there just a few minutes after. 

Q. Wliat was Mr. Blevins’s politics?—A. A straight Kepublican. 

Q. Was h's son a candidate for office in that election?—A. Yes. 

Q. What was it?—A. Clerk. 

Q. He was one of the ina.n leaders down there, wasn’t he?—A. Yes. 

Q. Did he ever give any explanation ;d)out why he took the book?—A. No. I 
never asked him. He was always (piarreling with me and I never gave h m 
a chance. I never opened the hook from then until now and kept it shut and 
turned it into the register’s office and left it ;is I got it. 

Q. I believe he is the one who issued the warrant for you?—A. Y^es. 

Q. Cited you to appear over in Grassy Creek Township?—A. Yes. 

Q. Does he live in Grassy (’reek?—A. No. 

(^. How far do you and him live apart?—A. I suppose something like 2 
miles. 

(}. Where did he require you to appear for trial in th s warrant?—A. At 
Sussex. 

Q. How far is that from where you and him live?—A. It is about 6 or 8 
miles. 

(}. In a different townsliip?—A. Y^es. 

Q. When did he issue that warrant for you?—A. I don’t know. 

(j. Do you rememljer the date?—A. They arrested me day before yesterday. 

(i. AVhat did he charge you with in the warrant?—A. They charged me witii 
fraudulently registering Hurley. 

Q. Is that the boy the Ilepublican judge agreed for him to register?—A. 
Yes; Neely Brown, and for putt ng Dal Stansbuiy on the ticket and for refus¬ 
ing to put Sherman Brooks’s wife, when I knew she voted the Ilepublican 
ticket. 

Q. And he cited you to appear in Grassy Creek, 7 or 8 miles from where you 
both live; this man that took the poll book off?—A. Y"es. 

(}. W'ho arrested j^ou on this charge you are talking about?—A. His name is 
Johnson. He lives in Grassy Creek Township. 

Q. What is h s politics?—A. Kepublican. 

Q. That warrant has been sworn out for you since this proceeding started 
between these contestants?—A. I think so. 

Y"ou have been arrested since?—A. I was arrested day before yesterday. 

Q. The contestcint had you summoned at his hearing as his w.tness. I>id 
he i)Ut you on the stand?—A. No. 

(^. He had M. M. Blevins, th s magistrate that swore out this warrant for 
you, also as a witness for him, did he not’?—^A. I think so. 

(}. About Mrs. Brooks they had you charged with. Could she read and ^ 
write?—A. 8he refused to. I said “ Cen you read and write,” and she sad* 
^die could not. I told her if she could not read ami write I could not register 
her. 8he waited a minute and said “I am one of your kind and you ought to 
register me.” I told her I couldn't help what kind she was, that I (‘ould not 
register her if she could not read and write, and then she went off and stayed 
until about three Saturdays, the one next to the last, and came back with a 
certitic'ate and tried to get me to register her under the grandfather clause. 

(J Who signed that certificate; do you know?—A. I rather believe Mr. 
Spicer. 

Q. Who is INIr. Spicer?—A. Mr. Charlie Spicer. I am not posifve about it. 
He is chairman of the Ilepublican executive committee of this county. 

Q. And one of the attorneys for the contestant?—A. Y"es. 

AVhat did you do then’?—A. I told her I could not register her under that. 
That that law went out in 1908, and then they got M. M. Blevins and wanted to 
J'egister her and Mrs. Lizzie Blevins under that certiticate, and he tried to 


736 


CAMPBELL VS. DOUGHTON. 


explain tlie law in a way to f 2 :et me to resister them, and I said ‘ ^ol)ody knows 
the law better than you do.” and when I said that to him he .inst walked ott. 

(). That was this majfistrate that wants to try you over in another town- 
Yes; he commenced to put up an arjiument under this ^grandfather 
clause, and I told him nolnxly knowed the law better than he did. 

Q. In applying the literacy test, do you recall whether you turned down 
nioi'e Democrats or Kei)uhlicansV—A. I turned down two Republicans and ti\c 
Democrats. One was Kill Taylor’s wife and my stepmotber, Rhodie Barker, 
and Lil Darnell and some others. , 

Q. Do you know who swore that warriint out for you? A. John Ble\ ms, 1 

thbdv. 

(). Whei-e did he live?—A. He recently moved in my township. He has lived 
in Grassy Creek. 

(}. M'here does he live now?—A. Out there on ITne Kiev.ns s place. 

Q. How far from you?—A. One mile. 

Q. How far from M. M. Blevins?—A. About 2^ iniles. 

Q. So they set the trial and c ted you over in Grassy Creek Township, 8 
miles distant to all of them? Who are the witnesses aga iist you/ A. Sher¬ 
man Brooks is one. He lives in Walnut Hill. 

Q. How far from you?—A. About 2^ miles. } 

Q. How far does he live from Sussex?—A. About 8 miles, I reckon. 

Q. Who is the other witness?—A. Neely Brown. 

Q. Where does she live?—A. Close to John Bowers. 

(}. How close to you?—A. About a mile. 

Q. She lives, then, in Walnut Hill. How far would it be for her to go to 
Sussex?—A. Seven or eight miles. 

Q. ^^’ho are the other witnesses?—A. Avery Hurley. 

Q. Where does Avery live?—A. I think he is vrorking somewhere. I don’t 
know where. Somewhere on Beaver Creek. I haven’t seen him since the 
election. 

Q. How far would he be from Grassy Creek?—A. Twelve or 15 miles. . i 

(}. Any other witnesses against you?—A. 1 think Quinn and Upton Blevins, 
both of them. 

Q. What township do they live in?—A. Walnut Hill—cdose neighbors to 
M nter Blevins. Joining farms. 

Q. Then, so far as you know, neither the magistrate nor the man that swore 
out the warrant, yourself, and dll the witnes.ses against you live near Grassy 
Creek, or within 7 or 8 miles of where they cited you for trial?—A. No, sir. 


(h’oss-examination by Mr. Adams : 

Q. Mr. Barker, you stated that you treated all parties alike down there?—A. 
Yes; so far as putting their names on the registration book. 

Q. And you treated ail parties alike in the administration of your official 
duties?—A. Yes; I think I did. 

Q. And you conducted the election in the same manner at all times?—A. 
Yes; 1 tried to. 

Q. You do not feel any ways worried over the trial, do you? You are not 
scared of being tried before anybody?—A. I could hot say that and tell you 
the truth. I do not exactly feel that way. Anybody that is not prejudiced 
against me, I would not be afraid. 

Q. Then you are inclined to be a little scared to be tried before some magis¬ 
trate of this county, are you not’.''—A. If I had been much scared, I might have 
been gone, I reckon. 

(). A good part of your testimony has been along the line of what seemed 
to be a wari-ant proceeding’.''—A. A right smart. There isn’t anything wrong 
al>out saying the truth. It has to come out at last. 

Q. If you have any doubts pertaining to any particular magistrate, the law 
provides you a remedy, does it not?—A. I suppose so. 

(). You could move before another?—A. I suppose so. 

(}. And so you do not feel worried about the matter in the least, and that 
being so, there isn’t necessarily any use to mak^ much ado about it?—A. I 
haven’t been making much ado about it, yet. 

(>. I thought a good part of your testimony had been along that line.—A. I 
was just giving facts. 

So far as you are concerned, if they hadn’t asked you questions you 
would md have l)een interested?—A. I don’t know about that. I would have 
come and told that part of it. 


CAMPBELL VS. DOUGHTON. 


737 


Q. You do not have any feelinj; 'toward either of the gentlemen?—A. We 
don’t like each other. There is no use to tell a lie about it. 

Q. I believe you testified you did not require him to read and write the 
constitution?—A. No; I made a rule where they could write plain enough to 
read I would register them. I tested every one alike. Where they could not 
write I didn't put them on at all. 

Q. Any person applying to you who could not read nor write you did not put 
their name on?—A. No, sir. 

Q. And that would have been so as to a soldier as same as any one else?—■ 
A. Yes. 

Q. That was the theory you were proceeding upon?^—A. Yes. 

Q. And if he hadn't paid Ids poll tax, you would have allowed him to vote?—• 
A. Nobody questioned that. Both of these hoys were horn nd raised in Wal- 
. nut Hill Township. 

Q. How many votes in your townshii), Mr. Barker?—A. I really could not 
tell. I have forgot how many registered. You will have to go to the record 
for that. 

Q. About what is .\'our majority?—A. From 100 to 107 Democratic. That is 
my recollection. The records will show. 

(). You did go through the township registering on days other than those 
prescribed for you to register?—A. I did several idghts, hut I registered some 
of both kinds. I made three special trips to register Republicans when I 
didn’t go to register Democrats. 

(h You made three special trips to register Republicans?—A. Yes; and I 
knew they would vote against me if they went to the electon. 

Q. You made more than three trips to register Democrats?—A. I don’t 
recollect. I made two pretty long trips, I remember. 

Up through the county?—A. No; in my township. 

Q. Did you register some outside of the township?—A. No-. 

Q. Did you not register Lark IMullis’s wife?—A. Y"es; I forgot that. They 
had just moved from my township to a place in this county. 

Redirect examination: 

Q. The magistrate that issued this warrant is M. M. Blevins. He is the same 
man that took the poll hook, and there had been bad feeling and he knew 
this when lie issued the warrant?—A. Yes 

(). Your townshiji is Democratic, so he will take and try you over in Grassy 
Greek Townshiii where there is a very bitter ^lartisan Republican magistrate 
to put it before?—A. Yes. 

Recross-examination: , 

Q. You say you are informed that this Republican magistrate over in that 
precinct is a very bitter partisan?—A. I have been told that. 

Q. You are testifying on information so far as that part is concerned? As 
a matter of knowledge you do not know how he is?—A. I do not. 

Q. And if he should prove to be a different magistrate from what you have 
been informed, all this testimony you have produced would be contrary to 
your opinion?—A. I do not think so. I could not say as to that. I do not 
know anything personally about the man, but as far as IM. M. Blevins is 
concerned, ever since he qu.t the Democratic Rarty he has been prejudiced 
against me. From then until now. When he Was a Democrat he was as 
strong a one as I was, and he quit and since that time he has been prejudiced 
against me because I hold them down to the law when they hold elections. He 
used to be a Democi-at himself and a bad one, too. 

Q. So there have been some bad Democrats whether they are any now or 
not?—A. You know he was strong. That is what I meant. 

Q. You are not making any personal allegations as to this magistrate?—A. 
No ; I do not know him iiersonally. 

Redirect examination : 

Q. This magistrate you are talking about over in Grassy Greek is Floyd 
Phipps. He has been a witne.^s here for the contestant in this very suit and 
they have had him carefully examined, haven’t they?—A. Yes; I think so. 

Rccross-examination : 

Did this magistrate coming over and testifying lead you to believe that 
he was a bitter partisan?—A. I never heard liim. 

Q. You do not know your own self what his attitude is?—A. No. 

57G05—21 


47 



738 


(;ampbell vs. DOUGHTOJsr. 


ISAA(J STEWART, witness for the contestee. being duly sworn, testified as 
follows: 

Direct exninination by Mr. Bowie: 

. Q. INIr. Stewart, do you know A. P. Barker?—A. Yes. 

Q. Do you know his general character?—A. Yes. 

Q. What is it?—A. It is good. 

R. L. REEVES, witness for the contestee, being duly sworn, testified as fol¬ 
lows : 

Direct examination by Mr. Bowie : 

Q. Do you know A. P. Barker?—A. Y'es; I think so. 

Q. How long have you known him?—A. About 20 years. 

Q. Do you know his general character?—A. 1 think I do. 

Q. What is it?—A. It is good. 

AVILLIAM M. NEAVES, witness for the contestee, being duly sworn, testified 
as follows; 

Direct examination by Mr. Bowie : 

Q. Mr. Neaves, do you know the general character of A. P. Barker?—A. I 
think so. 

Q. What is it?—A. Good. 

SCOTT HAIR, witness for the contestee, being duly sworn, testified as fol¬ 
lows : 

Direct exainination by Mr. Bowie : 

Q. Do you know Pine Barker?—A. Y"es. 

Q. Do you know his general character?—A. Yes. 

Q. What is it?—A. It is good. 

S. C. KILBY, witness for the contestee, being duly sworn, testified as fol¬ 
lows : 

Direct examination by Mr. Bowie: 

Q. Mr. Kilby, you live in Laurel Township. Ashe County?—A. Yes. 

Q. Do you know (Quincy E. Davis?—A. Yes. 

Q. Was he a soldier in the Army or Navy in the late war?—A. Yes. 

Q. Was his poll tax i)aid?—A. Yes. 

Q. Where did he live?—A. He lived 1 mile above me in Laurel Township. 

Q. Do you know Will Campbell and his wife?—A. Yes. 

Q. Where did he live—they live?—A. They lived in Laurel Township. They 
moved to Virginia and then moved back to where they had lived in I^aurel 
Township. 

Q. Where did they live at the time of the election?—A. They moved back to 
Laurel Township about two months before the election. 

Q. How long had they been out of the State?—A. I don’t know, but I think 
about K) months. 

Q. When they went away did they sell their [iroperty?—A. Yes. 

Q. Did you have any talk with him about whether he was going to stay?— 
A. Yes. I went to his place to buy something. 

Q. What did he tell yen about moving?—A. He told me he was moving to 
Virginia. 

(,j. Did he say whether he was going there to stay?—A. He said he was 
moving. He sold part of his stufi; and took part with him. 

Q. Did he take all his family?—A. Yes. 

Q. Did he vote in your township?—A. I don’t know. 

Q. W hat is his politics?—A. He is a Republican. I do not believe he did 
vote. 

Q. The voting place in your precinct is near your home. From your obser¬ 
vation and your knowledge of the election, and how it was conducted, state 
whether you think it was conducted in a fair and impartial manner.—A. It 
went off mighty quiet and everyliody seemed to be feeling good on the day 
of the election. There was no trouble that I saw, and I was on the ground 
most all day. 


CAMPBELL VS. DOUGHTON. 


739 


Q. State whether or not, from your knowledge and ohservation. the election 
rej^istration was held tairly in your township.—A. P^air as far as I know. 
Heard no complaint on the day of election. 

Cross-examination hy INIr. Adams : 

Q. Did you hear any complaint on the part of the Kepuhlicans being turned 
down on the literacy test?—A. I heard some complaint. 

Q. And after they had been turned down there was no use to complain on 
election day, was there?—A. I don’t suppose there was. 

Q. Too late then?—A. I don’t know. 

K(')BP]KT MAY, witness for the contestee, being duly sworn, testified as fol¬ 
lows : 

Direct examination by Mr. Park: 

Q. Mr. May, you were registrar in Piney Creek Township, Ashe County, for 
the election of 1920?—A. Yes. 

Q. You were a witness and testified in the hearing of contestant held here 
last week?—A. Y"es. 

Q. Did you apply the literacy test, or educational test, in your township as 
registrar?—A. Yes; very light. 

Q. State whether or not you applied the test alike and impartially both to 
Democrats and Republicans?—A. Yes; to the best of my judgment. 

Q. You attended the polling place for registering registrants on the Satur¬ 
days required hy law?—A. I’^es. 

Q. Did you go away from home and register anybody?—A. A number of 
them. 

Q. Did you register Democrats and Republicans both when you went away?— 
A. Yes; both Democrats and Republicans; both kinds. 

Q. Did you make any d scrimination in going to register because of their 
political affiliation?—A. No; I did not. 

Q. Did you honestly and fairly, under your oath, administer your duties as 
registrar and election officer to the best of your knowledge?—A. To the best 
of my knowledge; I did. 

(}. Did you require the educational test of every applicant?—A. No. 

Q. Why not’?—A. There were a numlier of old women who were nervous and 
eyesight bad, where I knew they ct>uld read and write before their physical 
condition was impaired, and I let them register. 

Q. Did you register Democrats and Republicans both that day?—A. Yes. 

Q. You applied that rule alike for both?—A. Yes; I thought it was fair. 

Q. As registrar, state whether or not at any time you were assaulted.—A. 
Yes. .Toe Bauguess of Helton Township and Drury Ham. 

Q. What is the politics of each of those two?—A. Republican. 

Q. Now, will you please explain and tell just how this was and what hap¬ 
pened?—A. A fellow by the name of ]M Her applied to register. He come up 
ynd said he had been living out of the State; hadn’t been back in two years; 
and he didn’t have any land or anything; and I told him he could not register 
according to law. He said he wanted to write some, but said he was not a 
very g<a)d reader. I told h m to get a book and read all he pleased ; and he come 
in and said it did not require him to read. Said that reading a little bit in 
the first reader was good enough. That was not the question between me 
and M Her at all as to the literacy test. He said it would not make any differ¬ 
ence; said there was no such law as that, and repeated it several times. I told 
him to go out and let me alone; he did not belong there. He said he would get 

out when ..e d-n pleiised. I told 1dm he was a liar. I was sitting down and 

thev both jumped on me. He hit me three times m the face and flam once, 
ami Ave got on the door and wrestled a little while. 

Q. You stated a while ago that some old women, who were feebled and their 
eyesight bad, who told you they could read and wr te, that you allowed them 
to register ’.Now, which <Tid the gi'eatest number of these belong to, the 
Republican’or Democratic Party?—A. Of those I registered; one belonged to 
the Republican and the other the Democratic Party. 

Q. What major ty have you?—A. About-200, I think. 

Cross-examination by Mr. Adams: 

Q. This Will Miller, that was trying to register, you say he had been in 
Virginia?—A. Yes. 



740 


CAMPBELL VS. DOUGHTON. 


Q. What (lid yon say alxnit this difficulty yon had with Ham and Rankness, 
wli ch came aV)ont when they came to the place where yon were rej^isterin" at 
tile precinct in Tnckerdale?—A. T was assist'nj^ him in reading. He could 
have read as well as would have been recpiired to have registered. There was 
no difficnlty about that, but I understand that they thonght that was why I 
wonld not register him, 

Q. Then yon turned him down on something else besides literacy—non- 
res deuce?—A. Yes, 

(}. Yon turned down a great many Kepnblicans and Democrats on the lit¬ 
eracy test?—A. Not a vei’y great number of either. 

Q. Mostly men or some women?—A. They .were all women, I believe. I do not 
remember any men. 

Q. Did yon register this fellow, Ban.gness’s mother?—A. She is in another 
townsh p, * 

Q. Is he married?—A. No; he is single. 

Q. Was Rangness registered over there?—A. I do not know whether, he 
registered this fall or not. He probably registered before. I do not know 
about that. 

Q. Yon say yonr township is about 200 ma.iority Republican?—A. I think so. 

(^. Al)ont how many votes do yon think were Democratic?—A. I do not re¬ 
member. I paid no attention to the number. The records will show, 

Q. Have there been any other complaints ab(mt the registration np there?— 
A. No. 

Q. Have yon heard of any?—A. No, 

Q. Is there any dissatisfaction as to the registration?—A. Not that I have 
heard of. 

Redirect exandnation: 

• 

Q. On these registration days, were yon at the polling place attending to 
yonr duties?—A. Yes. 

Q. Ydien yon were there attending to yonr duties as registrar, were there 
any Repnblicans present?—A. Y’'es. 

Q. Some of them wei'e there all the time?^—A. Yes. 

Q. Did any of the Repnblicans make any statement to yon about the way 
yon were conducting yonr duties as re.iristrar?—A. They congratulated me for 
being mighty fair in condncting my office as registrar of election. 

Q. How luany did that?—A, I do not remember, A nnmber of them. 

Recross-examination: 

Q. Who were these gentleinen yon state stood aronng the polls?—A. Avery 
Powers, Drury Powers, W, R. Anderson, Robt. Thompson, Robie Powers, and 
AV. A. CTraham, These gentlemen congratnlated me on my work np there, 
and others, too. 

Q. Was this before election?—A. During all the time; before and after, 

Q. About how many Democrats did yon turn down under the literacy test?— 
A. I don’t know. I think four or five. 

Q. Were these ladies?—A. Yes. 

Q. Young or old?—A. Middle age, I reckon. 

Q. How many Repnblicans?—A. I don't know how many. 

Q. A large nnmber?—A. Some more. It is a Republican precinct. 

Q. What wonld .von safely estimate the Repnblican anionnt to be?—A. I 
don’t know. There was a nnmber of them, 

Q. Did yon tnrn down 25?—A. No; I suppose 12 or 15. 

I. PI. STKAVART, witness for the contestee, being duly sworn, testified as 
follows: 

r>iivct examinafon by Air. Park : 

Q. Air. Stewart, do yon know Rob Alay?—A. Yes. 

Q. How long have yon known him?—A. I have known him all his life. 

(}. Do yon know his general character'?—A. Yes, sir. 

Q. AVhat is it?—A. It is good. 

Q. What public positions have yon held in the conntv?—A. I have been 
comity commissioner and a justice of the peace. 

Q. How long were yon comity commissioner for this comity?—A. Four years. 

Q- Mere jon chairman of the board?—A. Chairman for two years and elected 
the second term, but asked the other man to take it, Air. Scott. 


CAMPBELL VS. DOUGHTON. 


741 


(}. Mere yon there on tlie day of election, at the election ground?—A. Yes. 

(}. ^ on ohserved the manner and the way in which the election was con¬ 
ducted? A. \es. I was not in the house. Everything was quiet. Had no 
d.stnrhances, and the (luietest election we ever had. 

Q. From your ol).servation, and what yon saw there, was the election con¬ 
ducted fa rly and impartially?—A. As fair as it could he, so far as I know. 

Q. M’ere you present at any time, and did you hear the llepuhlicans con¬ 
gratulate the registrar on the pohcy with which he had conducted the reg stra- 
tion?—A. Yes; I stayed there two days after these hoys jumped on Boh. I 
went over there to see that they didn’t impose on him any more. Others were 
there who claimed they were on the same mission as I was. They didn’t want 
Mr. May imposed on. They congratulated him on the way he was doing. Mr. 
Kohie Powers was one, and said Boh was do ng as fair as anybody. 

Q. They are very strong part.sans?—A. Yes; they are llepuhlicans, but good 
citizens. 

A. E. HOSE, witness for the contestee, being duly sworn, testified as follows: 

Direct examination by Mr. Bowie : 

Q. Y’ou are the Democratic registrar for \Vest Jefferson, are vou not?—A. 
Yes. 

Q. Did you apply the literacy test to the applicants for registration?—A. Yes. 

Q. Did you apply it impartially to all alike?—A. All alike; yes. 

(J. Democrats and llepuhlicans?—A. INIade them all write a sample. 

Q. Is that a Democrat c township, Alec?—A. Y^'e.s. 

Q. MTiat majority did that township give on the Democratic ticket?—A. 
About 140 to 150. 

Did Fields Hard n vote at your iirecinct?—A. I suppose he voted there. 
He had an absentee vote he sent in. /fhey said luj was there that morning, 
and his w fe was with him, and they went to the window and took the tickets 
in. The absentee vote was taken later—about 3 o’clock in the afternoon. 

Q. IMr, Flardin has been sick for a number of years?—A. Y’es: he has been 
paralyzed. Never leaves home and has to be assisted when he walks, and taken 
in a conveyance when he travels, 

Q. IVhen Mr. Hardin’s absentee vote was presented, Mr. Green was the 
Democratic judge w th you?—A. Yes. 

Q. Did he sa.v anytldng about JNIr. Hardin having voted in the morning?— 
A. Yes; he said. “ I think Mr. Hardin has voted.” 

Q. IVho was the Ilepublican judge? AVho were the judges?—A. Graybeal 
and Bowers. They were llepuhlicans. The (piestion arose between Mr. Gray¬ 
beal and them as to whether IMr. Hai-d n had voted, and they both seemed to 
think he had not, and we all talked it over. After a while I told Bernard to 
open his book, and he d d so, and said he had not voted, and we all consented 
for him to put his absentee vote in. 

(}. That was upon the statement of Bernard Graybeal, Ilepublican clerk, 
who examined the hook?—A. YTs ; he allowed him to vote. 

Q. In applying the literacy test to the applicants for registration, Alec, did 
you register two lad es at one time who came with Dr. Blevins and made 
application for registerhig?—A. Yes. 

i}. Please explain that carefully.—A. It was late in the evening near sun¬ 
down. Dr. Blevins came in where I was registering. 

Q. Mhis he a candidate in the electOn?—A. Yes; he came to where I was 
register Tig and had a couple of ladies with him, and said, I have a couple of 
ladies who want to register.” They all thi’ee stopped inside the building, and 
I told bun all right. He walked up and picked up the book. I says, “ Doctor, 
I will tui-n them to a piece.” He said, “No; let them read here,” and I said, 
“All r gilt.” They read .■something like a couple of lines—not over three, to my 
judgment—and went ovei' it pi'etty well. Thurman McNe 11 was in there, and 
I didn’t have my glasses with me. It was at night, and I told Thurman to put 
their names on the registration liook. He did so and asked one of them how to 
spell her name, and she said she d’d not know. They stepped out on the poi*ch. 
and Thurman said to me: “Alec, them women can’t i-ead any better than my 
horse,” and I called them back in and turned to another place in the book and 
told them I wanted them to read some moi’e for me, and they tided to read 
and couldn’t I'ead a th ng. After I found they could not read I told them I 
would have to take their names off the registrat on book. That is about all 
there was to it. 


742 


CAMPBELL VS. DOUGHTON. 


Q. Did John Bare'Vote over thereV—A. Yes; one John Bare who lived on 
Buffalo. 

Q. Do you know anything about him*:'—A. I do not. They ehallenged him, 
and he made a sworn statement. Tliey i)rol)ah!y challenged liiin on his citizen- 
sh p, and 1 h‘ made an affidavit tliat he was a c.tizen, and was a legal voter. 

Q. Did the Kepuhiican judge agree for him to vote or not?—A. Yes, sir. 

Q. Did you fairly and impartially conduct that election as an election officer 
to the best of your skill and ability?—A. Yes. 

Q. Did you apply the literacy test impartially to each party, Democrats and 
Kepuhlicans alike?—A. I sure did, and very light at that. 

Q. How many Democratic women did you turn down on account of their 
inability to read and write?—A. I think 24. They did not present themselves. 
One out of the 24; I turned her down and the rest did not present themselves. 

(}. You gave them to understand they could not register?—A. I told their 
people they need not apply to me. 

Q. Do you remeinher how many Republicans you turned down?—A. Four¬ 
teen is my recollection. 

(^). So you turned down more Democrats than you did Republicans on the 
literacy test?—A. Yes. 

Q. I believe they took you under warrant, didn’t they, Alec?—A. Yes; they 
are lawing me over there'. I was told it was for not registering the women. 
One of them swore she could not read and write, and the other said she 
could, and she tried and could not read a thing. 

Q. And notwithstanding that the magistrate hound you over to court?— 
A. Yes. 

Q. What was his politics?—A. He is a Republican, they .say. 

(). How far away did they take you away fi'om home to try you?—A. I 
expect it must have been somewhere between 4 and 5 miles. 

(). How many tr ps did you make before they trh'd you?—A. I think I made 
about two—one on this tr.al and one last Tuesday—the 22d. We put off the 
next trial. 

Q. They have two warrants for you?—A. Yes. 

Q. Whei'e will you he tried?—A. Beyond the Blue Ridge—Idlewild—17 miles 
from home. 

• Q. You live at West Jeffer.^on?—A. Y^es. 

Q. There are a good many magistrates in West Jefferson, I believe?—A. Yes. 

Q. What have they got you charged with in the second warrant?—A. I really 
do not know. I am in it w th Mr. Austin. 

Q. A joint crime, I believe?—A. Yes. 

Q. How close does that magistrate live to the Wautauga line?—A. I don’t 
know. He lives on top of the nu)untain at the Wilkes line. I am not ac- 
(piainted in that section. About 16 or 17 miles. 

Q. Do you know the politics of that magistrate?—A. He is a Republican. 

Q. There are other magistrates closer than this one to you?—A. I suppose so. 

Q. How do you have to go?—A. Either on foot or horseback. I can not go 
in an automobile. 

Q. M'ho swore out that warrant for you, Alec, the first one?—A. I think 
Bernard Graybeal. 

Q. What is his politics?—A. Republican. 

(j. Where does he live?—A. (’lose to West .Teffei*son. 

Q. Does he live in tiie corporate limits of West Jefferson?—A. Yes. 

(}. And he went way to Bine Swamp to swear out this warrant for you. Is 
there no magistrate close to him?—A. Yes; we had plenty of them. 

(}. So both you and the man who swore out the warrant for you live in West 
Jefferson, and you will he tried about 17 miles away? Who are the wit¬ 
nesses?—A. Mrs. Turnmyers and Sarah Dickens. 

(}. They all live in West Jefferson Township?—A. Yes. 

Q. And yet they took you over in Bine Swamp and put you near the Wau¬ 
tauga line to try you?—A, Yes. 

(}. Who swore out the warrant for you that hound you over—A. That was 
Bernard Graybeal. 

(J. Who swore out the other one?—A. I do not know that I remeinher. 

(}. Was it Dr. Blevins?—A. I think so. 

Pie is the man who brought the two women in to you to he registered?— 
A. Yes. 

Q. He was a candidate in the election?—A. Yes; I think he was. 

(}. And was elected, was he not?—A. Yes. 


CAMPBELL VS. DOUGHTON. 


743 


Q. And he is the man that opened the hook and sliowed you where for the 
women to read that it turned out could not read?—A, He picked up the book. 
He said let them read there, and I said all rij?ht. 

(>. Then did he swear out the warrant against you that you had violated 
the law in not rejjister njjj the women?—A. I could not l)e positive about it. I 
never i)aid much attention to these warrants. 

(’ross-examination hy Mr. Adams : 

i}. Mere you reg strar of MVst Jefferson prec-inct? That is Democratic, 
is it not?—A. Yes. 

Q. You testified, I believe, that you a{»plied the literacy test rather lightly 
in this precinct?—A. Yes. 

(j. 1 believe you testilied that you turned down 14 Republicans who ap¬ 
plied?—A. Yes. 

(}. That is, this many applied and you turned them down?—A. Yes. 

C^. They either tried to read or write?—A. I'liey could not read nor write. 
They came to me and could not rt'ad, and I didn’t put them on. 

Q. 1 believe you testified that one Democrat came to .vou and could not read 
and write, and that numerous other Democrats—23 others—who did not come 
to .vou and ask for registration. Do .vou know whether there are an.v other 
Republicans who d d not apply for registration?—A. I expect there were more 
and more Democrats. I don’t know. 

Q. You had s<»me trouble there about a warrant. \Vhat were the names of 
the lad es?—A. They came in there and read some of the constitution—about 
three lines. 

(}. And .vou put their names on the books?—A. Yes; had it done. 

Q. And then you called them back for another examination, and the parties 
said they could not read?—A. I called them back in and turned to a place in 
the book and told them to read, and they could not, and I told them I would 
take their names off, and did. 

If parties applying for registration told you that they could read and 
write, you d'd not apply the test?—A. No. 

(). These two ladies read some of the constitution and then were put on the 
hook, and you called them back and tried another part of the constitution they 
could not read?—A. Y^es. 

Q. You swore all of the people who did register, did you?—A. Yes. 

(}. Swore them before .vou put their names on the book?—A. We transcribed 
lots from this book, but I swore all the others. 

Q. You swore these two ladies you put on the book?—A. To my knowledge, 

I did. 

Q. Any wa.v, in conducting ycuir registration you swore everybody?—A. Yes. 

Q. Having sworn these two persons, and they having read the constitution, 
and you having put their names on the book, do you know of any law enabling 
you to take their names off?—A. I don’t know that I do. 

Q. After they had passed the test, or after reading the constitution, you were 
satisfied when .vou i)ut them on?—A. Yes. 

(}. About what ma.iority Democratic is your prec-inct, approximately?—A. I 
think about 685 were registered. 

(^. You went around to reg ster .some of the people where they reciuested it?— 
A. I wei>t around several days, and while I was around I registered as many 
Republicans as I did Democrats—about the same number. 

Q. This fellow Hardin, does he appear as having voted twice?—A. Yes, sir. 
He appears to have voted twice on the poll book—voted in per.son and as 
absentee. 

Redirec-t examination: 

Q. Alex, they were asking you about the law to take these names off the book. 
You are a justice of the peace, and you have heard lawyers talk about vitiating 
fraud. Do you see any rea.son why it should not vitiate a fraudulent registra¬ 
tion as well as other things?—A. No. 

Recross-examination: 

Q. In your duties, you Imve not proceeded against the gentleman you claim 
])erpetrated fraud upon .vou, have you?—A. No, sir. 

M’hei-e persons tell you they can read and write, you register them?—A. I 
put the test to them all and after I find they can read I register them. I never 
asked anybody to write but the first one I registered. 



744 


CAMPBELL VS. DOUGHTON. 


Q. You didn’t ask these ladies to write?—A. No. 

Q, The law says read and write, does it not?—A. Yes. • « * v 

Q. And you testified you put a very light test in your township?-—A. \es. 

' Q. Your desire was just to apply it lightly?—A. Yes; I used no discrimination 
between the parfes. 

Q. And if a person could read some, it was your pleasure to place them on the 
book?—A. Yes. 

Q. And so far as you know, these peoi)le did read some of the constitution. 

A. They read it by heart. They got over it some way. 

Q. And after that you decided to turn them down?—A. After that I called 
them in and thev could not read and I turned them down. 

Q. If you called others in to read a new and different passage, would they 
read it all right?—A. She told me she had a sister who registered and she 
could not read any better than she did, and she voted the liepublican ticket. 
So she got by me some way. 

Q. Do you think it fair to apply one test to some and others to another?—A. 
If I knew she could not read, I applied the test. 

Q. So you made these ladies read twice, and turneil them down on the second 
test after their names had been placed on the book?—A. Yes. 

K. 1». BAKER, witness for the contestee, being duly sworn, testified as follows: 

Direct examination by Mr. Park : 

Q. IMr. Baker, you were registrar of election for the election held in your 
precinct in 1920, were you?—A. Yes. 

Q. You have testified in this matter upon the contestant’s hearing here last 
week?—A. Yes. 

(j. As registrar of your precinct, did you apply the educational test?—A. Yes; 
where there was any question in my mind. 

Q. What do you mean by being any questmn?—A. A great many people where 
I knew they could read and write. 

Q. Did you apply this test equally and fairly as between Democrats and 
Re])ublicans?—A. Yes. 

Q. Did you turn down any applicants on account of their failure to read and 
write?—A. Some few. 

Q. Some Republicans?—A. Yes. 

Q. Any Democrats?—A. Some few of each. 

(j. You were sworn before you acted as registrar and took the oath?—A. Yes. 

(j. Now, as registrar, under your oath, can you state that you fairly, honestly, 
and impart ally conducted the business, and performed the duties of your office 
as such registrar, to the best of your skill and ability?—A. Y^es. 

Q, Did you make any discrimination between Democrats and Republ'cans 
as to requ reinents?—A, No. 

Q. Was any challenge made by any one of the voters of your prec'nct?—A 
I believe we challenged two. 

Q. For what c iuse?—A. One of them was a married man, who had a wife 
and family in another State. And the other was Verner Lewis. Pie had been 
out of the State for a number of years. 

Q. D d you examine to see whether or not he had pa’d his poll tax?—A. I 
never examined. Pie presented a receipt, but he did not know who I'sted his 
taxes. 

J. R. IMcMII.LAN, witness for the contestee. being duly sworn, testified as 
follows: 

D rect examinafion l)y Mr. Bowie; 

Q. Do'you know i\Ir. Baker?—A. Yes. 

Q. Do you know his general character?—A. Yes. 

Q. What is ‘t?—A. Good. 

Q. P)id you hold any posfon as elecfon officer in the election of 1920?—A. 
I was one of the judges. 

Q. As one of the .judges of your precinct, from your observation and 
knowledge of the registration and election conducted, please state whether or 
not said election and reg'stration were conducted fairly and impart ally in 
your townsh p?—A. I think a few illegal votes were cast*; I think so. 

Q. For whom wei'e they cast and why do you cons'der them illegal votes?— 
A. Because one vote was cast by a boy who had been out of the State for 8 
years. 


CAMPBELL VS. DOUGHTON. 


745 


Q. Who was it?—A, Verner Lewis. 

Q. Were tliere others?—A. Yes, sir. 

Q. Who was it? 

(The contestant, through his attorneys, objects to the tesfmony of the wit¬ 
ness concerning what he thinks as to eligih.lity of persons to vote.)* 

A. Charles Mock. 

Q. .For what reason?—A. He had been out of the State with his family. 

Q. How long?—A. I can not tell. He moved away sometime during the 
snmmer and came hack just prior to the elect on. 

Q. Who else?—A. W. Lester INIilan. 

Q. For what cause?—A. (i)ut of the State. 

Q. Did yon .say he was not ent tied to vote, why?—A. He had been out of 
the State with his family. 

Q. How did these three vote—what ticket?—A. Repuhrcan, all three of them. 

Q. Did they vote for Dr. Campbell, the contestant?—A. Yes, sir; I took the 
tickets. 

Cross-exam’nation by Mr. Adams : 

Q. You were one of the judges down there?—A. Yes. 

(}. You saw about the tickets in these gentlemen's hands?—A. Yes. 

Q. You testilied that they are nonresidents of this State?—A. Yes; they 
have been out of the State with the'r families. One has no family, but he 
has been out of the State for eight years. 

(2. Do you know where Lester Milan had been?—A. I do not. 

Q. Do you know how long he had been discharged from the Army?—A. I 
-do not. 

Q. Do you know that he was hi the Army?—A. I understood he was. 

Q. Do you know whether he has lived In other places s nee he was in the 
Army?—A. I do not know that. 

(}. I believe you say Charles xMock is married?—A. He is. 

Q. And lived somewhere else'?—A. They are at th s t me in the county. 

Q. Was his wife in the county when he voted?—A. They came hack two days 
pr or to the election. 

Q. When he was awav, out in another State, d’d his wife stay with him?— 
A. Yes. 

Q. His family was with him?—A. Yes. ^ 

Q. Of course, you do not know the r intentions as to whether they were 
condng hack?—A. No; I do not. 

(This hearing convened March 25. 1921, at 10 o’clock a. m., with the same 
commissioner of testimony pres d ng as on the preceding day. Present on the 
part of contestee, the contestee in person. T. C. Bowie, G. L. Park, and W, B. 
Austin, attorneys. Present on the part of the contestant, Monroe Adams and 
and C. B. Spicer, as attorneys.) 

AV. E. INIcNEILL, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by IMr. I’adk ; 

Q. What pos t on d d you hold with the Government during the AVorld 
AAhir?—A. I was chairman of the local hoard of this county. 

(}. You are now handed a list containing the names that have been chal¬ 
lenged for the nonpayment of poll tax by the contestant. I will ask you to 
j)lease examine that list and i-end over to the stenographer those names ap¬ 
pearing upon the I’st that were drafted and in the service from Ashe County 
in the AA'orld War?—A. The first one Is Avch McM llan, from Chestnut H 11; 
the second is Emmet Price, from Chestnut Hill; the third is Sam Blevins, 
from Chestnut Hill; the next is Charles Latham, from Creston Township; the 
next is Edwin Foster, from Jefferson Township; the next is Dave Sexton, 
from Jefferson Township; the next is AValter AA^eaver. from Jefferson Township; 
(’. B. Houch, Jefferson Town.sh p; Ed H. AVoodie, Jefferson Township; C. B. 
Houck, Old Fields Township; AV. M. Burkett, Old Fields Township; Jas. Tra 
Teague, P ne Swanm; AValter Johnson, 1* ne Swamp; Don Shatley, Jefferson 
Township; Guy Badger, Jefferson Township; Sol I*ennington, Jefferson Town¬ 
ship. 

Cross-examination by Mr. Adams: 

Q. I see C. B. Houck on the list twice. Is that the same C. B. Houck?— 
A. There is only one C. B. Houck. 


746 


CAMPBELL VS. DOUGHTON. 


t 


I. N. HUDLP^U, recalled by coiitestee first time, testified as follows: 

Direct examination by iNfr. P>owie : 

Q. Yon were rejiistrar in Chestnut Hill Township in the election of 1920?— 
A. Yes. 

Q. Has there been any pi'ocess sworn out for yon since tins hearing? began 
in Ashe Comity between tbe contestee and contestant?—A. Well, about March 
7 they swore out a writ, but only served it on me last Monday. 

Q. What date was that?—A. March 21. 

Q. Before whom was that warrant sworn out?—A. Floyd Ifiiipps, Grassy 
Creek. 

Q. Do yon know the politics of Flo.vd Philips?—A. Ilepulilican. 

Q. Has he lieen a witness for the contestant during this hearing?—A. Yes; 
I think so. 

(J. What is the charge in that warrant against .von, Mr. Hndler?—A. For 
wilfully, knowingly, and fraudulently placing on the registration book the 
names of Essie Loe Bails and W. B. McMillan. 

C^. Who swore out that warrant for yon?—A. Bob Carson. 

Q. In what township does Bob Carson live?—A. Cbestnnt Hill. 

Q. 'That is the same township yon live in?—A. Yes. 

Q. How far does he live from .von?—A. He lives about a mile, the nearest 
wa.v to go. Two miles around. 

Q. What is his politics?—A. Bepnblican. 

(}. Who were tlie witnesses against yon?—A. Mr. Willis Walker, and Nolie 
\A’oodriff, and .T. U. ('arson. 

(J. Where do the.v live?—A. The.v live at Nathans Creek. 

i}. In what township?—A. ('hestnnt Hill. 

(}. Were there any justices in ('hestnnt Hill township?—A. Y'es. 

(j. How far is it from where yon and these witnesses live and where this 
magistrate is that swore out this warrant against yon?—A. It is 7 miles, I 
guess. Perhaps moi'e. 

(j. The magistrate lives in Grassy Creek Township?—A. Yes; Phipps does. 
Before whom the warrant was sworn out. 

Q. Did yon register PIssie I.ee Bails?—A. No, sir. 

i). Did she vote in the election of 1920?—A. No. 

Q. D d yon examine your registration books and poll tax since yon have been 
here and see whether her name appears upon either?—A. Y^es. 

i}. Does it appear upon either?—A. No. 

Q. Did yon register W. B. McMillan?—A. No. ,1. E. Gambill gave me his 
name. He is the chairman of the board of election of this county. 

Q. Was W. B. McMillan a soldier in the late war?—A. Yes; I think he was. 

(j. Under what circumstances did yon place his name on the registration 
book?—A. Well, we agreed- 

(}. Wbo agreed?—A. Me and tbe Democratic judge and tbe Bepnblican 
judge, that he was entitled to vote, and he voted on the day of election, and 
they had me to go up and get his t ckets and when I went to check his name 
off it was not on, and we consulted why it was not. It was a mistake. We 
had it on the ledger and neglected to put it on the book. 

(j. Had it been certified to yon by the chairman of county elections before the 
registration closed?—A. Y"es. 

Q. And so yon and the Democratic judge, and the Republican judge all 
agreed it should be placed upon the book and he should be allowed to vote?— 
A. Yes. 

(>. And that is the charge the.v have taken you to a town.ship 7 miles away to 
try you for?—A. Yes. 

(j. Do you remember whether that affidavit was sworn to that was served 
on .von?—A. Yes; Bob Carson. It said, “Personally appeared before me this 
day, a justice of the peace, and being duly qualified made oath, etc.” 

Q. Where was Plssie Lee Bails?—A. She was at Freeze. 

Q. \^'here is P'reeze?—A. It is in Y'irginia. That is where her father said 
she was. 

Q. Did her father say an.vthing to you about registering her?—A. Yes; he 
asked me if there was any wa.v we could arrange for her to vote by mail, and 
I told him there was not unless he could get her back and qualify and register 
her, and then if she did not want to come back she could vote an absentee. 

Q. That was not done, and you did not register her?—A. No; could not. 


CAMPBELL VS. DOUGHTON. 


747 


Cross-examination by jNIr. Adams : 

Q. Yon testitied last week in the hearing of the contestant, I believe?—A. 
Yes. 

Q. Y’on were also questioned about this name in the hearing of the contest¬ 
ant?—A. Yes. 

(y You were also questioned about B. IMcMillan in the hearing last 
week?—A. Yes. 

Q. Do you recall having testitied last week that the chairman of the hoard 
of elections for the Democratic l*arty in Aslie County had delivered to you a 
cert ticate certifying that \V. B. McMillan had reg stered before him?—A*. You 
say I testitied to that? I did not say that he presented the certilicate. He was 
there in the township and told me. 

Q. He was in the township and told you?—A. Yes. 

Q. In other words, the chairman of the hoard of elections told you to put his 
name on there?—A. He had registered him. 

Q. Do you know that he had reg.stered him?—A. I don’t know. 

i]. In other words, all you had to put W. B. McAIillan’s name on the hook 
was the word of the chairman of the hoard of elections. He did not deliver 
to you any certilicate?—A. No. 

Q. He did not give you any paper of writ ng?—A. No. 

Q. Certifying that this man had registered before him?—A. No. 

Q. And upon that you put h s name on the hook?—A. I did not until we 
agreed on him. 

Q. Agreement of whom?—^A. Me and the Democratic and Republican judges. 
They agreed to it. 

Q. The law requ res, does it not, that the chairman of the hoard of elections 
shall certify this list to you?—A. He had done this before this time. 

Q. And you did not put that name on the hook from h in telling you, did 
you?—A. \Ve put it on when the hoy come up to vote, and we had the question 
up as to whether or not he could vote. Mr. Plummer put his ticket in the 
box, and Mr. Gamh.ll come up to the window when he started to vote and said 
something, and I told him it had been settled; he had already voted. 

Q. The day you put his name on the hook, did you have any certilicate that 
day?—A. No. 

Q, You put it on by agreement?—A. Y>s. 

Q. And you explained to these people why his name was put on the hook, and 
you had a talk with the chairman, but, as a matter of fact, the law requires a 
certilied list?—A. I don’t know. He returned me a certified list two years 
before that. 

Q. Then you put this man’s name on without a cert tied list?—A. No; I 
had no certified list. 

Q. And it is on th s man McMillan that they swore out the warrant for you?— 
A. And Essie Lee Balls. 

Q. You do not feel that by any mutual agreement you as registrar and the 
other election officers could enter into an agreement which would absolutely 
qualify a man to vote, do you?—A. Well, it is a custom we have at our elec¬ 
tions. 

Q. It seems to he very much of a custom ; hut in your belief and understand¬ 
ing of the law as a registrar, do you understand that you and the officers can hy 
mutual agreement qualify a man to vote in your precinct?—A. I don’t know 
as we could. 

Q. A man’s qualifications are determined hy law, are they not?—A. Y"es. 

Q. And the only way a man is qualified to vote is hy complying with the pro¬ 
visions of the law, is it not?—A. Yes. 

Q. And the only way you can legally register a man is hy complying with the 
law concerning registration?—A. Yes. 

Redirect examination : 

Q. Squire, you have heard it said hy the lawyers sometimes that consent is 
the end of tlie law, have you not? You have heard that used?—A. Yes. 

Q. That was the idea you all proceeded uiK)n when you consented about that 
vote?^—A. AVe thought it was agreed as a matter of fact. 

Q. Mr. Gamhill, who was chairman of the hoard of elections, and whose duty 
it is to certify these votes, had told you he had registered this hoy and told you 
to put his name on the registration hook?—A. Yes. I had forgot that I put it 
on the ledger, hut had not put it on the registration hook. 


748 


CAMPBELL VS. DOUGHTON. 


Q. On tlie (lay of elect’oii yon discovered that?—A. When he come to vote I 
went to check off his name and it wasn’t there, and I told him that I had mis¬ 
placed it. 

Q. Tlien yon called np the chairman of the board and he was upon the 
ground, and he again told you he had been properly registered?—A. Yes; and 
me and Mr. Plummer and Phipps had deposited his t'ckets in the box. Mr. 
Gamhill come up to the window where tla^y voted and sa d he had his name and 
he was entitled to vote, and I told him we had already passed on it and had 
voted him. 

Q. As a matter of fact, if you had registered him and put him on the ledger— 

you had a hook where you jaff the names-A. Yes; and It was misplaced. I 

was putting the names in the new hook. The chairman furn shed me a new 
hook, and I was making a 1 st of some of the names when I got the hook to 
transcribe them. The hook we had two years before was misplaced. INfr. 
Walker come to register his wife and he asked me if his name was on the 
hook, and I told him it was not. The Kepuhlicans accused the Democrats of 
having the hook, and tlie Democrats were accus’ng the Kepuhlicans of having 
it, and I felt like that was the way to find out where the hook was, and I told 
him he would have to sliow me a record his name was on before I would put 
it on. That was on Saturday of registration day. He said he would come up 
here IMonday and he would find the hook. Tuesday I think after INIonday he 
sent the hook to me by liis hoy. IMr. Walker did and the hoy wanted to register. 
I registered him, and he said h's father wanted his name put on the hook. It 
was on the hook when we got it where he voted two years before that, and I 
told Irm we would transcribe it off of that hook to the new hook. 

Q. Now, the registration hooks were returned to the register of deeds?—A. 
Yes. 

(}. That reg’strar in this county is a Republican?—A. Yes. 

Q. And you tr’ed to find that hook and could not find it?—A. Yes. 

Q. And you never did tind it until you refused to put a Republican’s name 
unless he would find the hook?—A. T told him he would have to find the hook. 

Q. And it was this Rc^puhlican that you could not find his name?—A. Yes. 

(}. Then the name, as I un<lerstand, of this hoy you left off was on this 
hook? You had not transcribed it on the new?—A. No; I do not think it was. 
You hadn't been keei)ing a separate list of these names on anotlier hook 
tliat you had not transcribed to the new?—A. Yes. 

Q. I l)elieve you stated Mr. Gamhill, who is chairman of the count.v hoard of 
election, stated that he had duly registered W. P>. IMcM'llan?—A. Yes. 

Recross-exainination : 

Q. Who was that gentleman that you refused to put on the hook until he 
showed you his name upon another hook?—A. It was Mr. Walker. 

Q. He was a Republican?—A. Y(^s. 

Q. AA'hy was it that you required him to show you his name upon another 
i)ook?—A. That hook was inispl;ic(Hl. and he had been over in Grassy Creek 
Township and had come hack thei'e and had voted in 1918. H s name was on 
that hook, hut it was misplaced, 

(}. And .so you required him to show you his name?—A. He came and claimed 
he was on the hook, and then he brought his wife to ivgister. 

Q. Did you vote him?—A. Mr, Walk(M\ yes, sii*; when he brought th.e hook 
and he was on it like he said ; hut I didn’t put his name on until I saw it. 

Q. In that case you recpiin'd him to exhibit to you tlie record?—A. Yes. 

Q. In the ca.se of W. B, McMillan, you did not require him to exhibit the rec¬ 
ord?—A. There was no record. He was not on the hook. 

Q. Isn’t the chairman of the hoard of election of this county required to keep 
a hook showing evei-y person that is registered before hiyn'; is not that the 
law?—A, I reckon so. 

Q. You did not require him to show you that record?—A. We were all there 
in the township ami made up the list. 

Q. Mr. AValker was there in the township?—A. He was before he had been 
out. 

Q. He was over in Grassy Creek from 1018 until 1920? Was his wife livin" 
in the township?—A. Yes, . ^ 

Q. How about W. B. ;McMillan, he had been out, too, hadnt’ he*^—A Yes* I 
think he had. . 


.1. C. HOUCK, witness for the contestee, being duly sworn, testified as fol¬ 
lows : 



CAMPBELL VS. DOUGHTON. 


749 


Direct examination by ]Mr. Park : 

Q. Mr. Honck, yon were registrar of election for the election held in your 
precinct on November 2, 1920, were yon?—A. Yes. 

Q. Were yon qualified before you entered upon the discharge as registrar?— 
A. Yes. 

Q. Now. as registrar, and also as member of the board of elections of your 
precinct, state whether or not yon, under your oath, administered the duties of 
your office fairly and impartially, to the best of your skill and ability?—A. Yes; 
I certainly did as near to one s.de as I did to the other. 

Q. Did yon apply the educational test?—A. I did not on the first two public 
days. After that I did. 

Q. On tlio.se two first days, where you didn’t apply the test, which party 
registered the largest number of applicants for registration?—A. I should say 
there were 10 Kepublleans to 1 Democrat at least. 

(). After the first two Saturdays you applied the educat onal test. Did you 
apply it alike to both Deniociats and licimblicans?—A. I applied it to both just 
the same. 

Q. Did you register any applicants from the polling place?—A. Yes, sir. 

Q. Did yon go away from home to register any registrants in your town¬ 
ship?—A. Yes. , 

(}. When you were out i-egisteriug, did you register Democrats only?-^A. I 
went to the Republicans’ homes, especially .some where I knew they would vote 
the Republican ticket. '■ 

(}. At their request?—A. I did it as a matter of accommodation. A few 
places I stopped and called on them and asked if they wanted to register. 

Q. A\’here you hadn’t been reque.sted to stop?—A. Yes. 

Q. Did you turn down a s'ngle applicant, either Democrat or Republican, in 
your precinct who coidd read and write?—A. I did not. 

Did you require all applicants after yon applied the educational test to 
read and write?—^A. Yes. 

Q. ^\'here you knew they could read and write?—A. Where I knew they 
couldn’t I did, but where I knew they could read and write I didn’t'think it 
necessary. 

(^). You qualified each registrant whose name you put on the book?—A. Yes. 

Q. You administered the oath, too?—A. Yes. 

Q. Who, if any, of these were soldiers in the late war?—A. Burkett waS. I 
do not know abont Houck. I do not thiidv Earl Scott was. 

Q. Mr. Houck, were y(*ii assaulted at any time during your .service as registrar 
in your township, and, if so, by whom?—A. Yes; I was assaulted on Monda.v 
aftin-noon before the election. Challenge day we call it. 

Q. By whom were you assaulted?—A. By R. H. Hardin. 

(J. Why?—A. He had been challenged, and according to law I had to notify 
him to be there for a hearing, and he come up and we were there, the judges, 
both of them, and I was standing on the porch with the box in my hand when he 
rode up. and he got off his Inwse and hitched it and come right on to me and 
wanted to know what he was challenged for, and I told him. 

(). What did you tell him the cause was?—A. I told him it was.for non- 
res dence ; and then he wanted to know who was the daddy of it—who chal¬ 
lenged him. T did not tell him on the start, and he kept on until I told him 
who it was. He said I want to settle this now. I says “Rich, I don’t know 
whether ^^'e can do it no\^'. You are in no shape to do anj^thing at all.” He 
was almost drunk. I told him 1 thought we had better put it off until to-mor¬ 
row and let h in get in better .shape, and he called me vile names. There were 
two ladies there, and he says “ We will have it done right now,” and I turned 
and went in the hou.se amf told the boys to keep him out. I didn’t want any 
trouble and I went in the store, and he come in a few minutes and raised it 
again and cursed me. He struck at me and I jumped and dodged him and then 
the boys got between us. He knocked my hat off. I was behind the counter 
and they took him out. 

Q. Did you strike him?^A. No; I did not strike him at all. 

Q. Did you attempt to?—A. I believe I did draw back and start to hit him 
the first time. 

(j. Where was Mr. Hardin living at that time. He is a married man.—A. 
I don’t know where. 

C>. ^Vas he living in Ashe County?—A. No, he was not. 

(). Is he a married man?—A. Yes. 

Q. Where is his family?—A. His family is in Abingdon, Va. 


750 


CAMPBELL VS. DOUGHTON. 


Q. How long hud they been there?—A. I don’t know. Some considerable 
time. 

Q. Mr. Hardin is a Republican?—A. Yes. 

Q. A very active Reiniblican?—A. Yes. 

Q. Did .T. O. or R. N. Hardin bring some ladies to you to register on one 
occasion—three in number?—A. I think be did. 

Q- Ib> you I’emember who they were?—A. I can not give their names. 

Q. Could they read and write? 

(The contestant objects to the witnesses testifying to the contestee’s question 
as to the eligibility of voters voting wbo.se names be can not call.) 

A. One was a K lby, one was a Bare, and I can not give the other. There 
were thi*ee. I do not know these are the ones you refer to. He brought several 
carloads. 

Q. Did you turn down a single woman that .T. O, Hardin brought to you to 
register who could read and write?—A. I did not turn down any who could 
read and write. 

Cross-examination by ]Mr. Adams : 

Q. You are the registrar for wliich township?—A. Old Fields. 

Q. About how many voters do you have in that township, Mr. Registrar?— 
A. I th nk there are around 700—both Democrjits and Republicans. 

Q. About how many Democrats did you register on these tirst two weeks?— 
A. I don’t know. Not hut a fev. Very few. 

Q. You s;iy that the Repiddicans fanu^ in about 10 to 1 in proportion to the 
Democrats?—A. I guess something like that. 

Q. They were anxious to get in?—A. It seems so. 

Q. And most of them got in in tlie tirst two weeks?—A. The majority of 
them ; yes. 

Q. And most of the Democrats were not in the first two weeks? They didn’t 
come out? They were not anxious to come out? So, as a matter of fact, it was 
kind of U]) to you to shoo them in?—A. It certainly was. 

Q. If you had not gone out through the community and given your Demo¬ 
cratic friends an opportunity to register, they would not have been there on 
elecrion day?—A. It didn’t seem so. 

Q So, then, the greatest part of your mission throughout the precinct was 
to register the Democrats?—A. Certainly. 

Q. There was no law to requ re you to do this?—A. Certainly not. That is 
what I went for. 

ARTHlHi HOUCK, witness for the conlestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Park: 

Q. Mr. Houck, you were not a member of the election hoard in your precinct 
during the last election?—A. No. sir. 

Q. You live in Old Fields l^ownship? Have lived there all your life, haven’t 
you ?—A. Yes. 

(}. Do you know .1. C. Houck?—A. Yes. 

(}. Do you know his general character.—A. I know his reputation. 

Q. M’hat is it?—A. Oood. 

(}. From your knowledge and oh.servation was the registration and election 
fairly conducted and held in the township dur ng the election?—A. Well, really, 

I could not say. I was not about where they were register ng. I went to tlie 
election grounds on the day of election. I do not know anything to the con¬ 
trary, hut could not give you any definite answer. 

Q. What time you were present it was all right?—A. Yes, what I saw. 

K. F. EDWARDS, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Bowie: 

(j. Mr. Edwards, how old are you?—A. I am 07. 

Q. W ere you a member of the hoard of elections in your township in the 
election of 1920?—A. No, I think not. 

Q. Do you know .1. C. Houck?—A. \es. 

Q. How long have you knowti him?—Ai All his life. 

ii. Do you know liis general character?—A. Yes. 

(>. What is it?—A. It is goo<l. 


(CAMPBELL VS. DOUGHTON. 751 

• T. COTA Alii), u witness for the contestee, beinj? duly sworn, testitied as 
follows; 

Direct examination by ]Mr. Bowie: 

Q. iNIr. Colvard, do you know .J, C. Honck?—A. Yes. 

Q. Do yon know bis general character?—A. I think I do. 

Q. What is it?—A. Good. 

Cro.ss-exainination by Mr. Adams : 

Q. How far do yon live from him?—A. I expect it is about 8 or 0 miles. 

liedirect examination : 

Q. His mother was raised in your community, a close neighbor?—A. Yes; I 
have heard him spoken of as being a nice .voung man. 

G. C. GREhlN, a witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by INIr. Bowie: 

Q. Do you know J. C. Houck?—A. Yes. 

Q. Do you know his general character?—A. I think so. I have known him 
eight or nine .years. 

Q. What is it?—A. It is good. 

A. E. BOSE, recalled by contestee, testified as follows: 

Dii*ect examination by Mr. Park : 

Q. Do you know Martha Ellen Bichardson?—A. Yes. 

Q. She is a daughter of Ad Bichardson, is she—the one that Ben IMiller 
testified about yesterday?—A. Yes. 

Q. Did she vote in your precinct in the election in West Jefferson of 1920?— 
A. Yes. 

Q. How did she vote?—A. Bepublican. 

Q. Did she vote for the contestant. Dr. Campbell?—-A. I don’t remember who 
took the ballot. She voted the Bepublican ticket. 

Cross-examination by Mr. Adams : 

Q. Is this lady tlie same person the witness testified about yesterday?—A. 
Yes; Mr. Miller. 

Q. Is Mr. Miller one of the officers over there?—A. He lives on the river, 
where this girl was raised. 

ii. Did she vote in your township and live in another township?—A. She 
lives in West Jefferson; has for quite a while. 

Q. And voted the Bepublican ticket?—A. Yes. 

Q. Was she registered?—A. She registered before me. 

Q. Was she a qualified voter?—A. I guess so. 

Redirect examination: 

Q. Do you mean that she was 21 years old or that she qualified by taking 
the oath?—A. She qualified by taking the oath she was 21. 

Q. So far as your knowledge goes, you do not know whether she was 21 or 
not?—A. I do not think she was. 

J. A. PIERCE, a witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by IVIr. Bowie : 

Q. You were the Democratic registrar in Grassy Creek Township for 1920?— 
A. I was the registrar. 

Q. You are a Democrat?—A. Sorter of a one. 

Q. Did you apply the educational test to most of those who applied for regis¬ 
tration?—A. Most of them. 

Q. Did you apply it pretty rigid or were you light?—A. I applied it pretty 
rigid. 

Q. Did you apply it alike to both Democrats and Republicans?—A. Yes. 

Q. Fed them out of the same spoon?—A. In some cases, where they were bet¬ 
ter qualified than I was, I did not. Where I knew they were fine penman I 
didn’t. 


752 


CAMPBELL VS. DOUGHTON. 


Q. Did yon fairly and impartially discharge yonr duties as an election officei 
to the best of yonr skill and ability?—‘A. I tried my best. 

Q. I believe they have yon under indictment?—A. I think so, 

Q. When did they have yon arrested?—A. About a week ago. 

Q. Yon testified on a former bearing for ]\Ir, Campbell, the contestant, did 
yon not?—A. Yes. 

Q. And yon have been arrested since, within the next day?—A. Yes. 

(). Yon were a witness for him on that other occasion. What did they charge 
yon with in that warrant. Squire?—A. About everything yon could think of. 
I don’t know that I conld word the affidavit exactly, hnt “ w Jlfnlly, mali¬ 
ciously, and frandnlently refusing to register certain persons that conld read 
and write,” and then registering some that conld not read and write. 

Q. Did yon do that?—A. I did not. 

Q., What magistrate is that before?—A. Sqnire Phipps. 

Q. AVhat is his politics?—A. He is a Kepnhlican. 

Q. Has the matter been np for hearing before him?—A. It was called np 
.\esterday. 

Q. I>id yon request h’m in writing to remove it before some other magis¬ 
trate?—A. I did not write it myself hnt Jinother man—Spencer—did, hnt he 
was a Democratic registrar. I didn’t have my paper read, hnt I told him I 
would do it. He said he would not move it. 

(}. Did he decline to remove Si)encer’s case after he had given h.’m a request 
in writing, as required by the statute?—A. Yes; he refused. 

Q. Yon told him yon would make a similar case if he would remove it?—A. 
And he told me he would not do it. 

Q. And that is the character of official they want yon tried before?—A. Yes. 
We asked him to give 30 days. I told him I didn’t think I conld get a lawyer 
under that time, and he said he wonld give ns until Thursday at 10 o’clock and 
make it hack before himself, and refused to move it. 

Q. Who were present at the trial?—A. I do not know that I conld g‘ve yon 
the names. Kenny Waddell, and there was a magistrate there from Helton, 
and Marshall Spencer. There were 30 or 40, hnt I don’t remember who they 
were. 

Cross-examination by Mr. Adams ; 

Q. IMr. Pierce, yon say they have taken you with warrant since yon were here 
and testified in the hearing of Dr. CanqffieU?—A. Yes; the next day. 

Q. And that they have yon snbpcenaed before some gentleman you do not wish 
to be tried before?—A. They have got me hound on a bond of $1,000 before him. 

Q. And yon were registrar in Grassy Creek Townshq)—did yon apply the 
literacy test in that township?—A. In most cases. 

Q. When yon say “in most cases,” that does not mean in all cases?—A. No; 
not all. 

Q. When yon say ” not all,” yon do not mean that yon applied it to all of one 
party?—A. I applied it to both parties, but the same test, hnt there were some 
in both parties I didn’t apply it to. 

Q. Yon i)roceeded to register some n])on yonr belief as to their being able to 
read and write?—A. I knew what they conld do. Grier Parson’s wife I never 
asked her a question. She was a Kepnhlican. 

Q. Do yon recall any other Republicans’?—A. I don’t known that I conld, but 
I i‘ememher distinctly about her. 

Q.. How many Democrats do yon remember about?—A. Well, I don’t know 
how many. Some, though. 

Q. Then yonr api*Iication of the literacy test was not entirely applied to all 
persons?—A. No;' not all. 

(h To those yon did not apply it, yon wei'e sat’sfied they were qualified?— 
A. Mark Baker’s wife, I registered her in the bed. Her hip was broken, hnt 
she was a tine scholar and I asked her no questions. 

(}. Yon did not apply it to all, then, and yon accepted some upon yonr infor¬ 
mation?^—A. From what I knew myself, 

Q. Then, if yon do not recall the names of these parties, why is it yon know 
so well their qualifications and can not name them?—A. I can’t think the whole 
township over now. I have mentioned one of each party. 

Q. About how many people voted in yonr county?—A.' I don’t remember. 

Q. About bow many people did yon register?—A. I can’t remember that. 

(}. Do yon remember liow much money yon received to pay for the registra¬ 
tion of the new voters?—A. No; I do not know that.. 


CAMPBELL VS. DOUGHTON. 


753 


Q. Do yon remoiuher what yon were paid per name for the new repstraiits?— 
A. I think it was 8 cents a name. 

(}. Do yon reinemher the approximate amount of money yon received?—A. 
Not far from $20. They pan! me $2 a day, and one said he ,$8 a day. 

Q. Did yon investijiate to see tiie reason of the discrei)ancy in yonr pay?— 
A. No; I have not. Tliey paid me $2 a day and 3 cents a name. 

Q., Did yon do any extra work in yonr township other than required by law 
in registering: people?—A. 1 reckon so. 1 waited on some who sent for me. 

Q. Did yon jiet all the money yon were entitled to for the work yon did in 
yonr townsh p?—A. I i^ot what 1 told yon. I sot a claim of .$2 a day and 3 
cents a name. That is what they said they would allow when I put in my claim. 
I didn’t make out the claim for dollars and cents. 

Q. Who told yon they save 3 cents a name?—A. It was INIr., Spencer. 

Q. Is he one of the res'istrars in Helton Township?—A. Yes. 

Q. What is yonr township, Democrat or KepnbLcan?—-A. It’is very close. It 
is both ways. 

Q. Yon applied the test to all alike?—A. I tried to treat them all fair, and 
where I was in donbt I api)lied the test.. 

Q. Then, to those persons whom yon did not ap]dy the test, if yon were mis¬ 
taken as to their (inalitications, they voted w.thont l)eins able to pass the 
qnalitications?—A. I did not register them, I registered two very old women, 
one on each side, that were old and blind and nervous and didn’t put them 
through it at all. They said they had been able to read and wr^te. 1 suppose 
they were 80. , , , 

Q. And yon feel that yon have conducted yonr part of it fairly and squarely?— 
A. I tried my best. 

Q. And yon feel satistied as to that?—A. Yes. 

Q. And yon are not losing any sleep about being tried about it?—A. I am 
sleeping tine. 

Q. Yon feel like yon can go before anybody and be ti’ied?—A. Yes; face any¬ 
body. 

' Q. Wdioin do yon wish yonr trial to be moved before?—A. I asked him to move 
it to some other magistrate of the township which the law prescribed. 

Redirect examination: 

Q, How long have yon been a magistrate?—A. I commenced in 1884. 

Q. How long have yon been a merchant?—A. I have been selling stuff for 
20 years. 

Q. Yon are famil’ar with the bnsiness folks of yonr township?—A. I think so. 

Q. And those parties whom yon knew conld read and write, yon didn’t ask 
them anything about it?—A. In a few cases I didn’t, because I knew they could. 
In all cases where I did not know I applied it, except the two old folks I spoke 
about, 

Q. How old are yon, Squire?—A. I am 64. 

Q. Have yon ever been indicted before?—A. Never was. 

Recross-examination : 

(}. Yon are 64 years old?—A. I will be my birthday. I was born in 1857. 

Q. Plow long have yon been registrar?—A. About 37 years. 

W. A. AYRES, a witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr, Bowie; 

Do yon know .1. A. Bierce?—A, Yes. 

ii. How long have yon known him?—A. All my life. 

Q. Do yon know his general character?—xV. I think so. 

(p Y'hat is it?—A. Good. 

HIRAiNI BAKPIR, a witness for the contestee, behig dnly sworn, testified as 
follows: 

Direc't examination by Mr. Bowie: 

Q. Do yon know J. A. Pierce?—A, Y’^es. ^ 

Q. How long have yon known him?—A. All my life. 

(). Do yon know his general character?—A. Yes. 

Q. What is it?—A. It it good. 



754 


CAMPBELL VS. DOUGHTOTsL 


F. L. COL^’AKD. a witness for the eontestee, he'.nj? duly sworn, test!tied as 
follows: 

Direct examination by Mr. Bowte : 

Q. Do you know J. A. Pierce?—A. Yes. » 

i}. How lon^ have you known him?—A. Evei' since we were boys. 

(L Do you know his general character?—A. Yes. 

Q. What is it?—A. Good. 

W. P. COLVAKD, a witness for the eontestee, beiiif? duly sworn, testified as 
follows: 

Direct examination by Mr. Bowie: 

Q. Do you know J. A. Pierce?—A. Yes. 

Q. How long- h^ive you known him?^—A. About 10 years. 

Q. Do you know his general character?—A. Yes. 

Q. What s it?—A. Good. 

Q. Were vou one of the ludges at the election of (Jrassy Creek in 1920?—A. 
Yes. 

Q. From your ohservation, and the manner in which the election was con¬ 
ducted, was it, in your opinion, conducted in a fair and impartial manner? 

(Contestant objects to the witne.ss test fying as to his opi’uon in matters 
pertaining to the election.) 

A.” Yes, sir. 

Q. I believe you stated you were one of the judges* to conduct the election?— 
A. Yes. 

Q. Was it conducted in a fair and impartial manner?—A. Yes. 

Cross-examination by Mr. Adams: 

Q. You feel that the election was carr'ed on fair and square for everybody?— 
A. Yes. 

Q. Everybody seemed satisfied about it?—A. No. sir; they didn’t. 

Q. Who was not satisfied with it?^—A. There were some Republicans kick¬ 
ing on it. 

•Q. Wliat was their complaint?—A. They challenged a few. 

Q. And their challenges were not susta'ned?—A. I think not. 

Q. They were voted?—A. I think they were. 

Q. Were you one of the judges?—A. Yes. 

Q. You voted for those votes to be cast?—A. Yes. 

Q. The registrar also voted with you—there were just three officers, and 
those two were all that were required to carry it, and after election day the 
Republican judge refused to sign' thh returns?—A. That night he did. 

Q. He has not signed yet, has he?^—A. I don’t know. 

Q. Your information is that he has not?—A. He didir’t sign them in my 
presence. 

Redirect examination: 

Q. You heard the evidence when each challenge was brought, but after hear¬ 
ing the evidence vou considered they were entitled to vote and .so voted?— 
A. Yes. 

Recross-examination : 

Q. Did you and this registrar go on Sunday over there to pass upon some of 
these challenges that were preferred on Saturday before?—A. We didn’t ex¬ 
actly go to pass on anything. We stopped at the place. 

Q. He called you up to meet him on that day?—A. No; he didn’t call me 
to meet him. 

Q. How did it happen that you met him?—A. He called for me to meet him 
at another place. 

Q. And then you went to the place to pass upon the challenges?—A. We 
went to the place to get information so-as to be prepared. 

Q. You didn’t have the Republican judge, did you? The registrar went with 
you on Sunday, did he not?—A. Yes. 

Q. How do you feel about your official duty? Did you think it of such 
nature that it required your attendance on Sunday?—A. I was not a judge 
then—hadn’t been appointed. 

Q. You were over there as an official performing your duty before you had 
been qualified?—A. I was qualified on the morning of the election, but another 


cAMrop:LL vs. dot^ghton. 755 

mail hud been appointed, and I was appointed in bis place on the spur of the 
moment. 

C>. Tliey bad some idea tliey were jjoini; to put yon in that dayV—A. I don’t 
know. 

i}. In otbei- words, yon bad been with this registrar and were better qualitied 
to act than the man who bad been appointed?—A. I don’t know. 

(}. And yon, having lieen over there and olitained this informat on, were in 
better position to act upon it? Yon bad talked with these parties?—A. Which 
part es? 

Q. I’liese parties yon expected to challenge. Didn’t yon testify that the 
reg strar ami yon went over tliere on Sunday after yon met him?—A. I tbonght 
yon meant before Sunday. 

Q. Yon were a judge then?—A, I don't think so. 

(}. Yon hadn’t been appointed?—A. I don’t remember. Jean Duvall, the reg¬ 
istrar, was over there to attend to that on Sunday. 

Q. He didn’t register the woman on Sunday?—A. He didn’t register her on 
that day. 

(}. He was getting information in I’egard to the challenging of these votes?— 
A. I don’t know about that. 

Q. Did yon see him talk ng to her? Did he talk to them about their citizen¬ 
ship—their qualifications to vote?—A. It was one of these f>0-year-old ladies. 

i}. And yon had arrangements to meet h m over there, to meet him at an¬ 
other place, and yon went there, and it was after this you were put in as a 
judge?—A. I can’t be positive. 

(.). But yon do not think yon were a judge then?—A. I do not think so. I 
do not recall what day I got the appointment. I can not say. It was a day 
or two before tlie election. 

Your con.science is all right pertaining to the fairness of this election?— 
A. Yes. 

Q. And your conscience is all right as to the fairness of the registration?— 
A. Yes. 

Q. And your con.science is all right pertaining to your and his actions on 
Sunday?—A. Yes. 

Q. And yon feel that that is entirely with n the provision of Sunday work?—• 
A. Well, I expect you and I both do worse things than that on Sunday. 

Q. Yon are a character witness of the registrar?—A. I don’t know about 
that. 

Redirect examination: 

Q. Were you sworn in on the day of the election?—A. Yes; I think so. Just 
before the election. 

(}. Now, that Sunday Mr. Adams has been asking about concerning the 
ohriad.v—how old was .she?—A. I don’t know; she was real old. 

(}. Unable to get up and go about; and Mr. I’ierce was over there, and yon 
airdiscussed the question about her eligibility to vote. When was she chal¬ 
lenged by the Republicans? Didn’t they challenge her on Saturday?—A. I 
think .so. 

(^. And if you got any notice you had to get it to her, and did on the Sunday 
following the notice?—A. She was one of the old ladies I .said we registered 
one on each side. To the best of my knowledge, .she was one of the two. 

Q. The registrar told you they had challenged this old lady, and he wanted 
to go and let her know, iind he went up and told her about it; and that is the 
crime they are insinuating you have committed on Sunday?—A. Y>s; that is 
what I did on Sunday. I was cIo.se to that place; he called me for some¬ 
thing. and he says, “Let’s go over there and see this old lady while we are 

(y And the only thing you talked about was her ability to read and write .^— 
A. l>s. 

i}. Did you call to the attention of one prominent Republican in that town- 
sh'p on tlie day of election that he had neglecded to vote his county ticket?— 
A. Yes. 

Q. After the tickets had been received and it was discovered he had not 
voted the county ticket, you called his attention to it?—A. Yes; S. (1. Parsons. 
He came up to vote, and'the Republican judge was sitting close to the window, 
and I was sitting just over there. They voted in at the window, and Mr. Par¬ 
sons handed in h'.s tickets and a-'^ked if they weie all right. The Re])ublic<in 
judge looked through the tickets and said, “ They are all right,” and I depos- 


756 


I 


CAMPBELL VS. DOUGHTON. 


ited the county ticket niul coiijrressioiinl fcket, and when I went to deposit the 
comity tickets I said, “ Tliere is no county ticket here”; and he jrot a county 
ticket and voted. Mr. Parsons was then the Keimblican clerk of this comity. 

Q. How did til's lady, whom yon went to visit on this Sunday, vote; in 
person or absentee?—A. She votecl as an absentee. 

i}. ^^bls a certiticate with her vote, or was there an affidavit stating; she was 
s ck?—A. \es. 

Q. Who bronii:ht this absentee vote in?—A. I don’t know about that. The 
rejjistrar had it. 

ii. \\’hat was the nature of the challen.w as to her vote; could not read and 
write?—A. I don’t remember. 

Q. Was that the subject of yonr and the re.mstrar’s discussion?—A. I think 
it was. She shook all the time. 

(p The registrar had re.aistered her prior to tliis Sunday; yon know that?— 
A. I suppose so. I don’t know that bed'll. I don’t know when the rej^istrar 
rejristered her. We didn’t have any rejiristration liook that day. 

Q. It didn’t require any study on the part of yon and the rejj;istrar to de¬ 
termine that she was qnalitied to vote, did it’?—A. AVell, there was no study 
in it. 

Q. Her name was on the book all ridit, and the mattei’ of record?—A. I 
don’t know about that. He didn’t have any book. 

(}. Yonr nnderstandin,i; was that he had already passed upon her rijidit to 
vote before this Sunday?—A. re's; I suppose so. 

Q. Cleve Miller; he is the Democratic re.ttistrar of Laurel Township. He 
was also subpoenaed and failed in the heariiifi; of the contestant, .Tames I. 
(’ampbell, in the week preceding in this comity? 

(In reply the contestee desii-es it to apiiear of record that said registrar was 
])resent, and in attendance at the first <lay of the hearing of the contestant, 
and .stated to the contestee and his counsel that he had a sick child and re- 
qnestetl them to place him upon the witness stand as soon as poss'dile; that 
he was not placed on the stand on the first day, and it was the second day he 
was not present, (’omisel for the contestant states in open hearing that the 
witness did not make any such request to him, and counsel for the contestant 
further states that C’leve INIiller was in attendance yesterday in court for the 
contestee and was not called.) 

M'. L. MILLKR, witness for the contestee, being duly sworn, testifieij as fol¬ 
lows : 

Direct examination by Air. Park: 

Q. IMr. Miller, yon were registrar of elections for yonr precinct, Peak Creek, 
on November 2, 1920, were yon?—A. Yes. 

Q. Dili yon qualify by taking an oath before performing yonr duties as 
registrar?—A. Yes. 

(}. Yon attended the pulling place on each Saturday the law required for the 
imrpose of registering applicants?—A. Yes. 

(}. Did yon apply tlu' edncat onal test to applicants in yonr precinct?—A. 
In a light form ; very mild form. 

(>. State whether or not. nmler yonr oath, yon justly, fairly, and impartiallv 
performed the duties of yonr office as registi-ar of elections and a member 
of the board of elections in yonr precinct in the election of 1920?—A. Y^es. 

(). Yoh were not as.snnlted?—A. No. 

Q. Did Coy C’oxe vote in yonr pi'ecinct?—A. I could not state positively that 
he (I’d, Init my recollection is that he did. 

Q. What is his politics’?—A. He is a Uepnblican and his family is Republican. 

Q. There was a man by the name of .Iordan Wyatt; did he vote?—A. Y'es. 

(]. What is he?—A. A Republican. 

Q. Have yon examined the paid i^oll list in yonr township to see whether or 
not their names appear on that list?—A. Y>s. 

Q. D'd yon find them or not?—A. I did not find them. 

(}. Have any of the Republicans in yonr precinct talked to yon about the way 
yon conducted yonr oflicial duties in th(‘ election of 1920?—A. Yes; a nnmbcer 
of them have. 

Q. What did they say to yon?—A. They stated on different occasions that 
they were well pleased with the registration. I have been registrar a nnmber 
of times, and they said when they heard I was registrar they were well pleased. 

I had always given them a fair registration. 


CAMPBELL VS. DOUGHTON. 757 

Q. Who said this?—A. INIonroe Tucker, Dave Osborne, D. A. Bare, H. M. Wel- 
horne, and a miinher of others. 

(}. J. iNI. lucker has been a member of the lioard of county commiss’oners; he 
was at that time, I l)e!ieve; and was chairman and was a candidate for re- 
election. D. A. Osborne has l)een register of deeds in this couiitv ; elected <'n 
the Itepuhlican ticket?—A, Yes. 

(}. H. M. ellunaie has represented this district in the Senate as a Itepuhlican 
of i)ronnnence of this town, and all these men told you you had fairly con- 
ducte<l the registration and election, and they were entirely sat'stied with j^our 
action?—A. There was only one item they objected to. and that was in re.iiani 
to Will Ia)j>:^dns voting on election day. Pic was rejtistered, but they claimed 
he had l)e(‘n out of the State over six months. I told them, accord 115 ^ to my 
construction of the law, he ^^'as entitled to vote. He was past poll-tax a^e, and 
he told me and other parties that when he went away he intended to come 
hack. He was working; for waives and I thoiptjht he was entitled to vote and, 
we let him vote. Some of the Ilepuhlicans objected to that. That is the only 
thinji'. 

(}. Do you know how he voted?—A. T could not say. I did not see his 
tickets. 

Q. What is his politics?—A. He has been a Republican; has voted some Dem¬ 
ocratic tickets. 

(). Did you examine the paid poll-tax list, as returned by the sheriff of Ashe 
Dounty for your township, for the tax of 1919, and, if so, does the name of 
I)avid Penninjjton appear upon same?—A. I examined it and did not find it. 
Q. When did you exam ne it?—A. I examined it to-day. Also I had the list. 
Q. What list was it?—A. The list they have in the clerk’s office downstairs, 
or in the commissioner’s room. 

Q. Did he vote?—A. Yes. 

Q. He was in the World War?—A. Yes. 

Cross-examination by Mr. Adams : 

Q. You testified that there was some mistake as to Will Loggins?—A. Yes. 

Q. Will Loggins is an old man .10 years old, is he not? Is his wife still 
living?—A. Yes. 

Q. Did she vote?—A. No. 

Q. Do you know how he voted?—A. I didn’t see his ticket. I know how his 
daughter and son-in-law voted. He was staying there with them. 

Q. How did they vote?—A. Republican ticket. 

Q. And AVill Loggins was staying with them. How did the Republicans come 
to challenge this man?—A. I could not tell. I can not explain it. 

Q. You were the registrar and officer of election, were you not?—A. I sup¬ 
pose .«;o. 

Q. You voted for him to vote?—A. Yes. 

Q. Upon what grounds did you vote for him to vote?—A. Because I thought 
he was entitled to vote. He was a legal, (pialified voter, and had voted there 
for a number of years, and had only gone away temporarily to work for wages. 
He wrote to his people to I’ent him a place, and he told them when he went away 
he was only going for a while. 

Q. He didn’t have the place rented when he went away?—A. He told me he 
had left some plunder. 

Q. He moved out of the State?—A. Yes. 

Q. And carried his family with him, and his household and kitchen furni¬ 
ture?—A. Not all of it. 

Q. You do not profess to be any mind reader?—A. No; I do not claim that. 

Q. You have heard that proverb, “Actions speak louder than words.” Don’t 
you think that a man moving his family out of the State is more evidence as 
to his cTizenship than what people think about it?—A. He could go away in a 
way that would cau.se people to think that. If he went away and expressed 
himself that he was coming back, and didn’t intend to have his citizenship any¬ 
where else, I think that would make a difference. 

(i. In what manner are intentions proven in law, by actions?—A. I don’t 
know that it is in all cases, 

Q. His moving away was an action, and this was a Republican attempting to 
challenge him?—A. Sure. Some Republicans told me he was entitled to vote, 
in their opinion. 

Q. You applied the literacy test light, and to all alike, and did not turn anyone 
down?—A. There was one woman who came to me and asked to be registered. 



758 


CAMPBELL VS. DOUGHTON. 


n young wonuin; I had registered her hiishand, and he had very little education. 
He could not read his own writing, hut I registered him. He came and asked 
me about registering his wife, and I told him if she could not read and write 
not to bring her, and I found out she didn’t know a letter. I went to him and 
stated, “ I have been liberal with you, and have been liberal with everybody in 
this townshii), as much as I think the law will permit, and I don't think you 
ought to present .vour wife for registration,” and he took her awa.v. 

Q. This is a Democratic townshi])?—A. Democratic by a small majority. 

Q. It has gone Republican'?—A. For a few years Democratic. 

Q. Your application of the literacy test has not invoked anybody to issue a 
warrant against you'?—A. I have heard they had one, but have not seen it. 

(h You have been very lenient with the literacy test?—A. Yes. 

DAVID PPINNINGTON, witness for the contestee, l)eing duly sworn, testified 
as follows: 

Direct examination by Mr. Bowie: 

Q. Mr. I’ennington you were in the World War as a soldier?—A. Yes. 

Q. Were you wounded?—A. Yes; in the foot. I was in Belgium on the 
Yi)res line. 

Q. When did you pay your poll tax for 1919'?—A. The 1st day of March, 1920. 

Q. Have you got your receipt?—A. Yes. 

Q. Would you mind presenting your receipt and depositing if as a part of 
your evidence? 

(Receipt is presented and examined and marked “ PIxhibit A,” Ashe County.) 

Exhibit A. 


Peak Creek Township, Ashe County, N. C., 


19__ 


Received of Pennington, Da\'id, his taxes for the year 1919, as follows: 


For State tax- 

poll tax_ 

county tax_ 

road tax_ 

special school tax 


$0. 24 
2. 5o 
.87 
. 15 


Total 


3. 31 


Paid March 1, 1920. 


M. M. Lewis, Shei'iff. 
Chas. R. Latham, Sheriff. 


Q. Mr. Pennington, have you been informed by Mr. Doughton that in the 
contestant’s Notice of Contest you \vere held up before the public, and before 
Congress and the congressional committee of elections, as a lawbreaker, voting 
without having paid your poll tax; have you been so informed?—A. Yes, sir. 

Q. If you have been charged with such, is it true?—A. No, sir. 

Q. Do you own any land'?—A. No. 

Q. You live on rented land, and are dependent for your support upon your 
own labors, are you not?—A. Yes. 

Q. You worked the money by labor with which you paid this identical tax, 
did you?—A. Yes. 

Q. How far do you live from Jelfersou?—A. I think they call it 14 miles. 

Q. Your father eame here exi)ressly to pay your taxes, did he not?—A. Yes. 

Q. Your father is a man of what age'?—A. Sixty-two years old, I think. 

(h Is he a strong man physically?—A. No; he is rather feeble. 


(’ross-examination by Mr. Adams: 

Q. You say you have been in tbe Army'?—A. Yes. 

Q. And you paid your poll tax in this county'?—A. Y>s. 

Q. They retjuired you to pay your poll tax up here'/—A. Yes. 

Q. You got your receipt and introduced it in evidence'?—A. Yes. 

Cj. There was not any exemption in the payment of poll tax for soldiers?—A. 
I don't remember. 

Q. You did not get exempted from this, did you? The evidence of that 
receii)t does not show much exemi)tion on the part of the soldiers in this 
county? Did you say Mr. Doughton informed you as to your criminal liability 










c:ampbell vs. doughton. 


759 




ill this matter? Wliat did lie tell you the coiitestuiit had you charged with?— 
A. Voting ami not paying jx)!! tax. 

Q. What was his statement concerning that matter?—A. They are my state¬ 
ments, Not Mr. Doughtoirs, 

(•i. Did INIr. Park tell you that you had committed some offense?—A. No. 

C>. \\ here did you get your information that you had committed some olfense 
hy voting?—A. 1 d.d not get only what Mr. Doughton told me. He told me 
they had me challenged. 

C). Was that all?—A. Yes. 

ii. Then, what is all this testimony to go before the congressional committee 
that you have committed some olfense about?—A. I don’t know anytliing 
about it. 

Redirect examination : 

Q. Mr. Doughton told you that the contestant had charged in his notice of 
contest that you had voted without paying your poll tax?—A. Yes. 

Q. I will ask you if he did not hold you up as a law breaker for voting with¬ 
out paying your poll tax—I mean the contestant?—A. Yes, sir. 

Kecross-examinatiion : 

Q. Do you know of any soldier in this county that was not permitted to pay 
his poll tax?—A, No. 

(^. They were all treated alike?—A. So far as I know. 

Q. You never did apply to the county commissioners for exemption on 
account of being wounded?—A. No, sir. 

(>. Nor on account of poverty. You came up like a man and paid vour tax?— 
A. Yes. 

Q. In the same spirit you went to the war?—A. Yes. 

Redirect examination : 

i}. Your spirit in serving your country and in paying your poll tax was 
somewhat different to the contestant’s spirit in charging you with fraudulently 
voting, was it not?—A. Yes. 

Recross-examination : 

(}. You were in the Army down in the depot brigade?—A. No. 

(). What camp were you in?—A. I forgot the camp I was in. I was there 
only a few days and went to Greenville, S. C. 

Q. And at Givenville, S. (’., they had a depot brigade there for the soldiers?— 
A. Yes. 

Q. In that depot brigade they had numerous men from the State of North 
Carolina?—A. I don’t know. 

(). They had a lot there from Tennessee didn’t they?—A. I don’t know. 

ii. They had a lot there who were put in the working battalion who could 

not read and write?—A. I don’t know. 

Q. Did you find any soldiers in your company who could not read and 
write?—A. Yes. 

Q. There were many in the Army who could not read and write and they 
fought just as hard as anybody, and in many cases those fellows were able 

bodied and had as much common sense as anybody?—A. Yes. 

(}. M^ould you like to see one of these boys turned down because he could 
not read and write?—A. No; I would not. 

(}. That would l)e about as bad as having failed to pay his poll tax?—A. It 
would look pretty had. 

Q. Are you a memher of the American legion?—A. No. 

Q. Is there a post in your county of that organization?—A. I don’t re¬ 
member. 

GEORGE F. BARE, witness for the contestee, being duly sworn testified as 
follows: • 

Direct examination by iNIr. Pakk : 

Q. Mr. Bare, do you know W. I.-. Miller?—A. Yes. 

Q. How long have you known him?—A. I have known him for 20 years. 

(^. Do you know his general character?—A. Yes. 

(}. What is it?—A. It is good. 

(}. Do you know Will Loggins?—A. Y’'es. 

Q. Do von know anything about his leaving the State, or the intention with 
which he left?—A. He left here the 19th day of ^March last, and he stayed 


760 


CAMPBELL VS. DOUGHTOK. 


nbont five months. Took part of his stuff with him to West Virjjinia, and then 
came hack alon^ in the late summer. 

Q. Did you hear him make any statement about his purpose in leaving?—A. 
He told me he was going away temporarily to see his son, and he carried his 
wife and daughter, sorter on a visit, and stayed ahout five months. 

Q. Did he make any statement ahout whether he intended to return?—A. 
Yes; he said he went with the intention of coming hack. 

Cross-examination : 

Q. You say he moved out there and lived ahout five months, and took h's wife 
and daughter?—A. Y"es. 

Q, AVhen was that?^—A. 1020. 

Q. And he voted in the 1920 election. He had been out there before he 
voted?—A. Yes. 

Q. The constitution of the State requires a man to make oath that he has 
resided within the State two years, with'n the county six months, and within 
the precinct four months, does T not?—A. I think so. 

Q. Do you think he could make oath as to this?—A. If he went on a visit, 
and didn’t go with the intention of staying. 

Q. Yhni say he moved out there with his family? He was not residing iji 
iNshe County?—A. No; not while he was there, of course not. He was on a 
visit—.iust temporarily away. 

Q. He was not I'esid ng in Ashe County while he was there. Do you think 
he could make the oath that he had resided here for the past two years?—A. 
I was just telling you how it was. 

Redirect examination: 

(}. You have heard the lawyers talk about having a I'esidence and domicile. 
The supreme court of the State has held that a domicile is where a man 
intends to make his home, and liis residence is where he is resid'ng?—A. Yes. 

Recross-exainination: 

Q. The constitufon, in making this requirement, does not say aiiyth'ng 
about domicile?—A. I don’t think so. 

Q. And a man’s residtmce is where he resides, is it not?—A. I think so. 

Redh-ect examination: 

Q. iMr. Bare, we are getting into legal questions, but the Supreme Court has 
absolutely held that a man, if he leaves his State with the intent (ui of return¬ 
ing, does not lose his i-esidence as a voter?-—A. Yes. sir. 

Recross-examination : 

Q. In intentions, which do you go by. actions or just belief of his inten¬ 
tions?—A. Go by the law. 

Q. And you consider h's actions prove his intentions?—A. Certainly. 

Q. If a man moves out of the State, is there any evidence that he intends 
to come back?—A. It depends on how he moved. If he goes on a visit, I th'nk 
it is. 

.1. A. ITERCE. witness for the contestee. recalled, testified as fo'htws: 

Direct examination by Mr. Bowie: 

Q. iMr. Pierce, you heard Mr. Colvard’s test'mony about the Republican judge 
in Grassy Creek Township not s'gning the I'eturns—the election returns?—A. 
Y'es; I heard it. 

Q. Do you know any reason why he did not sign the returns?—A. I expect 
I do. , 

Q. State what you know about it? 

(Contestant objects to the witness testifying as to the reason of the Repub¬ 
lican official failing to sign the returns, unless he knows of h's^own knowledge 
the statement of the officer.) 

A. The only thing I know—I heard a man say—R. L. Piorce. a brother of 
mine, he has been voting the Republican ticket—if Hudler did sign the returns 
that irght he would kick him in a very rough manner. He told me that out 
of his own mouth. 

Q. What time was it when you got through that afternoon in Grassy Creek?— 
A. I suppose it was sundown—hardly sundown—when we moved out. 

Q. How come you to move from where you were holding the election?—A 
It was in IMr. Hudlers’ store. It was attached to the place. It got to raining 


CAMPBELL VS. DOUGHTON. 


761 


Jiiul Mr. Hiidler wanted to slmt up. He wanted ns to move onr Imllolt box, and 
it as belore sundown, and we told the crowd that we were not clos ng th<' 
polls, hut .lust inoviiis. We ftot a room from INfr. .Tones about 100 yards away. 

Q. M hat was INIr. .Tones’s politics?—A. Ite])ublican. 

Q. What was Mr. Hiuller’s politics?—A. liepublican. 

Q. Did iMr. .Tones impose any conditions on you about occupyinc? his room 
to do the counting out?—He said we could get the room and he had the 
crowd picked who could come in. Mentioned who we might pick. He had 
certain (uies i)icked that might come in and help count the election. 

Q. Did he name them?—A. Yes. I>ob Pierce. David Blev'ns, and .Tim Sturgill. 

Q. IVhat was the politics of tho.se men?—A. Tiepubrcans. 

Q. What did you say to him?—A. I told him I had spoken to Dr. Oraybeal 
and .Tohii Dickson to come back—they had gone away—and help count. He 
said that Oraybeal could not come in, but if I had si)oken to Dickson he would 
let h m come, and when they came back that night—they came in a car—and he 
ordered the door to be locked. INIr. .Tones told his wife to lock the door, and 
she did so. They went around to another door. 

Q. A^'ho was in there counting?—A. IMe, Mr. Colvard, .Tim Sturgill, and 
David ITlevins and Bob Pierce. 

Q. lou and the other Democratic .1udge were the only Democrats in the 
room? A. iMr. .Tones was in there. He was a liepublican. That was all ex¬ 
cept some women—two or three women. 

Q. You mean Mr. .Tones was the only Bepublican?—A. No; Blevins, Bob 
Pierce, and .Tim Sturgill were in there. 

Q. What did .Tones do?—A. He ordered his wife to lock the door, and she 
did lock it, and they went around to the back door and wanted to come in, and 
she met them at that door and would not let Dr. Oraybeal come in, but tohl 
Mr. Dickson he could come in ; and Dickson said if Oraybeal could not come 
in he would not. 

(i. So you counted out the ndurns in the pi’esence of the parties to whom 
you have referred?—A. Yes. W'e counted out in their presence. 

Q. Dhl you have any trouble with anybody abusing you during the regis¬ 
tration?—A. Yes; on two occasions. Two different Saturda.vs. 

* ii. Wdio were the parties?—A. .Tohn Blevins. 

(). W'hat is his politics?—A. liepublican. 

Q. W'hat did he do on the.se occasioim?—A. He abused me with his tongue. 
He never took hold of me. Said I was low-down, a rascal and old gray-headed 
fool, called me a rogue. 

(). Ts he the fellow that swon* out the warrant against you?—A. Yes. 

Q. Now, the old lady they were ask’ng Mr. Dolvard about you went over to 
see Sunday, tell about that?—A. Old lady Phipps. W^e went over there—me 
and Mr. Colvard. on Sunda.v, 

(>. W’hy did you go?—A. Some of them said she could not read and write. 

Q. Had they challenged her?—A. Yes. I had to go there. I didn’t put her 
to the test to .see whetb.er she could read and write. I went to interv ew some 
folks who bad la en challenged on Satui’da.v—e'ght were (‘hallenged, and I went 
to interview them and Colvard went with me to this i)lace. He was at his 
father-in-law's and met me and we went over there together. The books were 
already closed, and sbe had been regi.stered. She was one of the old ladies 
that we were talking about being registered, one Democrat and one llei)ublican. 

Q, When you went to sign uj) the returns, where was Hudler?—A. I don’t 
know. I suppose he had gone home. I asked where he was and Mr. .Tom‘s 
said he thought he had gone home. He was not in the room. 

Cro.s.s-exaniination by Mr. Ai).\ms: 

Q. Mr. I^ierce, .you say the Tlepublican judge was not in the room when the 
time came for signing the returns?—A. Yes; we had a little filling to do on 
some banks after we quit counting. 

Q. He didn’t sign the returns?—A. No. 

Q. What do you say was the reason he did not sign?—A. I don’t know what 
his reason was unless.it was because they had said they were going to kick 
him. 

Q. That was Bob Ifierce. What was he going to kick him for? Didn’t he 
want it signed?—A. I could not tell .von that. 

Q. Was he not satisfied with the election?—A. I suppose so. 

Q. He was a Republican?—A. I think he claimed we didn’t try the challenges 
right. 


762 


CAMPBELL VS. DOUGHTON. 


Q. And yon wore the Deniocnitic rejiisitrar and election officer on election 
(layV Hob Pierce was your brother, and he was the man who said the returns 
should not he s.jinedV—A. He told Hudler not to si.tjn it. and said if he did, he 
would k ck him, and I suppose that was the reason he did not sijjn. 

Q. This brother of yours was on friendly terms with you?—A. Yes; we didn’t 
liave no trouble. 

Q. He seemed not to he satistied with the returns?—A. I suppose so. 

Q. You and him jiet alonjj; all rijiht, don’t you?—A. Yes; he comes to my store 
ami I jio to his shop, and he trades With me. 

Q. You don’t think if he had been satistied he would have persisted in this 
Itepuhl can judj^e not sijjninjj:?—A. I reckon not, 

Q. He is a man of reasonable judjiinent?—A. I think so. 

Q. Do you know how to account for tlie stand he took concerniiif; this?—A. 
He said he was not .satisfied with the way we tried the chailenjres, 

(y You don't think your brothei- would take an attitude of that kind on un¬ 
just trroiinds, do you?—A. I don’t know whether he would or not. He said 
what I told you. 

Q. Still you believe he is a man of rea.sonable judgment?—A, I think he is. 

Redirect examination : 

Q. Squire, Mr. Hudler voted with you on the.se challenges?—A. Y"es; we'all 
agreed to vote the eight challenged, and he voted with us. 

Q. In voting, did the judges concur in this?—A. Yes. 

Recro.ss examinafon : 

Q. Did this Repul)lican judge i)refer all these challenges himself, or did 
other people challenge .some?—A. He didn’t challenge any of them at all. Other 
persons challenged. 

Q. Did your brother challenge anyone?—A. I don’t know. .Tim Sturgill and 
tins man Blevins that abused me made a list and handed them to me, I marked 
up the b(»ok on challenge day, 

W. 1’. COLVARD. witness for the contestee, recalled, testified as follows: 

Direct examination by Mr. Pakk : 

Q. You were the Democratic judge, and Hudler was the Republican judge?— 
A. Yes, 

Q. In i)a.ssing on these facts did Mr. Hudler vote with you that they were 
entitled to vote'/—A. Yes. 

Q, Did you hear the declaration that Bob Pierce made about the Republican 
judge if he signed the returns'/—A. Not that one. I heard him make a 
declaration at the window when a challenged lady voted, a lady down below 
there. She had been challenged and he looked in at the window and said, 
“ Don't you sign those returns, or .scrolls to-night.” 

Q. That was Bob IMerce, the man who said tliat'/—A. Yes. He was address¬ 
ing his remarks to the Republican judge. 

(’ross-exaniination by Mr. Adams: 

Q. This Bob Pierce is a brother to the registrar?—A. Y>s. 

Q. The registrar signed thei’eturns?—A. Yes. 

Q, And you signed the returns?—A. Yes. 

Q. And the brother of the registrar protested against the Republican judge 
signing the returns with his own brother?—A. Well, that is all I heard him 
.say : ” Don’t .vou sign tho.se scrolls to-night.” 

H. H. BP'RGESS, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by iMr. Bowie: 

Q. You were the Democratic registrar in Obids Township in the election of 
1920?—A. Yes. 

Q. Did you apply the educational test to the voters?—A, I did to those whom 
I know could Jiot read and write. If I knew they could* I did not apply it. 

Q. Is that a Democratic or Republican town.shii>?—A, It is a little majority 
Democratic; 

Q. About what majority did it run in the last election?—A. All the wav from 
40 to 130, I believe. 


C'AMPBELL VS. DOUGHTON. 


763 


(}. You say that yon have h(>en ji merchant in that township for a jtreat many 
years. Yon know most of the voters in the township?—A. Yes, except the 
yonnij folks, 

C^). Tlios{‘ whom yon knew were u'ood scliolars yon did not make any inquiry. 
Yon reiiistered thejn?—A. Yes. 

(J. Those al)out wliom yon were nncerta'n, or .von did not know, yon applied 
the test?—A. Yes. 

(). Did yon a])i)l.\ the same te.st to ])oth Democrats and Uepnhlicans?—A. 
Yes; left it optional with them what rhey wrote. 

(}. How many Democi’ats do yon know yon turned down on the educational 
qnalihcati<!ns?—A I don’t rememlx'r inst how many. There were several. I 
suppose soinethinu' like 10 or 15 in all that never reirisfered. 

(}. Did yon )’eii’ister some people away fi*om the precinct?—A, Yes. 

(^. ^^’hen yon went out did yon reir ster Kepnl)licans as well as Democrats?—- 
A. I re^istei'ed some of both. A few more IHnnocrats than Repnhlicans because 
most of the Re])nhlicans had already re.a'istered. 

Q. Did yon dec'hne to reg:ister Democi-ats or parties who stated they would 
vote both tickets if yon would let them les'ister because the.v co\dd not read?— 
A. Old man Jno. A. Miller wanted me to reiiister his folks—his wT’e, danijliter, 
and son-in-law. T was down there and went to his house, and he wanted me to 
re.L^istei' these people. 

(>. How did they generally vote?— A. They usually voted partly Republican 
and partly Democratic. He told me if I would re^^ister them they would vote 
partly Deiroeratic and i)artly Republican. I told him I could not do this unless 
they could read and wr'te, and he seemed to set mad on the start, hut I made 
it all riijht. 

(}. Some of your friends were offerhijt to vote for you if you would register 
them?—A. Sure. 

Q, Did you have any trouble during the registration i)eriod?—A. A little hit. 

Q. M'hen?—A. I don’t rememher the date. 

Q. Yhui were at the voting idace on Saturday?—A. Yes, and a crowd came 
up, 10 or 15. supposed to he all Reimhlicans. So they come in and they were 
mostly women, and .said they wanted to reg’ster, I told them all right, and 
Mrs. Clemmie Severt was thei-e and I says. “ IMiss Clemnr’e, I will not require 
you to read nor write, for I have been raised close to you and I will not re¬ 
quire it.” so I registei’ed her. 

Q, What was her ]X)litics?—A. Republican. 

Q. Did she vote the Republican t cket?—A. I .suppose so. Her sister. ^Nlrs. 
Harless wanted to register and I said “ INIrs, Harless, I don’t know whether 
you can read and write or not. T will have to ask you to read. I wiR leave it 
with you as to what you read,” and T gave her a piece of paper and a pencil, 
and slie took it in her hand and said she didn’t know whether .she could or not, 
and her son stejq^ed up and said, “you can register her now”; I looked around 
at him and he was close to me, and I looked around to see if .she was writing 
and he hit me with his fist, and so the papers went winding. I pushed hhn 
hack against the window {ind Wiley grahl)ed my right arm. He hit me two 
or three times. 

Q. What was Wiley’s politics?—A. Repuhl’can, 

Q, So one Republican was holding you while the other struck you?—A. He 
didn’t hit me hut a time or two. 

Q. What was Mrs. Harness’s politics?—A. Suppose she was a Repuhlicati. T 
never asked. It was not long until they took Lee Harless out of the house, 
and things qiu’eted down and I went to registering again and registered all 
there. I registered her .son (diarlie. and after tlmy got thi'ough I asked IMrs. 
Harless if she thought she could write and she said she didn’t believe she could 
and looked around at her .son T>ee and said, “ T told you not to come up here,” 
and T stayed around there a few minutes, and Lee and liis brother (’harlie— 
I was on one side of the counter in the store house and them on the other, and 
they come up and sahl “Are you going to register any moi-e,” and I .said “not 
of this crowd,” and they both made a lunge at me. I jumped hack and they 
all went off. 

0. You say you don’t know IMrs. Harless’s politics?—A. I did not ask. 

O. How did the hoys vote?—A. Republican, 

Q. Did Ed O, iMiller vote on election day in Ohids Township?—A. Yes. 

(.). Was his name on your registrathm hook?—A. No. 

Q. AVhat township did he come from?—A. Supp{>se he come from Peak 
Creek. The registrar wrote me his name was on the hook there. 


764 


t'AMPBEl.l. VS. LOUGHTON. 


Q. How (lid ho vote?—A. He voted Republican except for one coniinissioner. 

Q. He voted for Dr. Cain])i)ell, the contestant?—A. Yes. 

(^. I believe they took you under warrant?—A. Yes. 

(}. Did they take you in your township?—A. Tln^v took me to Pine Swamp. 

(}. How far from youi‘ home?—A. Somethinj? like T or 8 miles. 

Q. What (1(1 they charge you. with?—A. Tliey charjjed me with rej?isterin^^ 
those that could not write, and I’efusin^ to I’etrister those that could write. 

Q. Did you do that?—A. No. Tf tlaw could they didn’t. 

Q. They have you chariied with ivfusinjj to re.mster .Jennie Faw. Tell us 
about it.—A. She came to the votinjs; i)lace on one Saturday to re.itister and 
asked me to re,uister her. I asked hei- if she could read and write and she 
didn’t say. I told her to write .some and she refused. Would not try, and 
went home. When she started I says, “ .Jennie, come hack and read ami write 
and J will re.ui.ster you.” and after that—J thiidc it was the next week—^she 
come hack to the store and had her name written on a piece of paper and 
said she wanted to register. She says, “ J have wrote my name and I want 
to re?:ster.” I says, ‘‘Did you write that”? and she said “yes.” I told her* 
it was necessary for me to see her write, and she says, “ I wrote it and if you 
will not look at me J will write,” and J told her I wanted to: see her write, 
and she would not do it. J was huj^y in the store and told her J didn’t have 
my hooks and to come hack Saturday and widte and J would I'e^ister her. 
Mrs. Nash was thei’e end tliey were talking, and Mrs. Nash called her husband 
and said that INIiss Faw \\ anted to n^gister, and he called me out and J said, 
“Dome in, M'ss Pkiw, and if you can read and write I will register you,” ami 
she got mad and tlew off the handle ami would not come in. 

Q. So that is the woman they charge you with refusing to reg'ster?—A. She 
said J am going to read and write before Tam Row’e and J will t(dl h tn you 
would not register me, and I said “All right.” I tried to get her to come in, 
and Mrs. Nash tried, hut she refused. 

Q. So the magistrate hound you to court on that. What is the magisti'ate’s 
politics?—A. Jlepubrcan : said to he. 

Q. When you were assaulted, did he iniure you?—A. Y(‘s: my eve was him? 
for .several days, hut he didn’t knock me down at all. He hit me between the 
eyes and it bled a little. 

Q. Do you know .Joe Winn?—A. Yes. 

Q. What relation is he?—A. My stepson. 

O. Jie h;is been challenged here on account of nonresidence?—A. Yes. 

Q. Where has he lived and been living for some time?—A. IJe has been 
out of the State for sevei-al years. He Joined the Army and stayed throe 
years: then came back home and stoptxal awhile and Joined the ^Marines and 
stayed four years, and then he came back and stayed a while and went to Wash¬ 
ington City. 

Q. Where had he been living sometime prior to the fine he voted?—A. In 
Washington City. 

O How long had he been there before the eleefon?—A. I believe he went off 
in February. Jt was last spring. 

Q. Where did he claim his home to be when he was here?—A. He claimed it 
back here. He wrote his letters to his mother and said when his time was up 
in the service he was coming back. 

Q. Is h(‘ in the Government service now?—A. Yes. He has Joined the Ma¬ 
rines again. 

Q. AVas he in the Government serv’ce at the time he voted?—A. J don’t 
think he was. He came hack when his mother died. The books were ojien 
for the primary and he registered then. He went back before the election 
He was here in INIay. His mother died the 16th of May, and he voted by mail. 

Q. D'd you n^gister him?—A. Yes. 

Q. r)i(l you administer the oath to him as the law requires?—A. Yes. 

Q. Did Charlie Severt vote in the election?—A. I (hm’t think so. He is not 
old enough. He never registered. He is not on the registration book and he is 
not on the poll hook, and did not vote in the election. He is abut 20 years old. 

Q. Did you honestly and iinjiartially administer and discharge your duties 
as reg'strar and election officer to the be.st of your skill and ability?—A. Yes. 

Q. Do you know J^innie Rowlin?—A. Yes. 

Q. Did you register her?—A. Yes. 

Q. Do you know anything about her?—A. I called on her to write, and she 
did so, and I registered her. 



CAMPBELL VS. DOUGHTON. 


765 


Q. (Jeo. Miller; what about him? Did you put the test to him?—A. Yes; 
had him wi\te, too, at my house oue night. 

Cross-examination by Mr. Adams: 

Q. You are pretty well aequahited with Geo. INIiller, in your precinct?—A. 
Yes; I know him. 

Q. You say he could read and write?—A. I had him to write. I didn't call 
on him to read. He wrote his name. 

Q. That was about what most of them wrote?—A. I don’t know. 

(^. Do you know that he had been making his mark to instruments?—A. No; 
I did not. 

Q. Do you know that Fannie P>owEn had been making her mark to instru¬ 
ments?—A. No. I have heard s nee that she did. I .iust iieard it. 

i). Who was challenged on challenge day—what parties at your precinct?— 
A. I think Clark Miller and .Toe Winn, and perhaps Barnie Miller. 

i}. M'as Kd. (). Miller challenged on that day?—A. No. 

Q. When was he challenged?—A. He was imt challenged. I got notice from 
the registrsir at Peak Creek that he was st 11 on the r(*gistration hook. We 
hunted over the hook and could not find his name, hut he voted two years- 
before at that precinct. I was not registrar then. 

Q. Was his name on your hook on challenge day?—A. It was not. There 
were two or three other Ed Millers and it was overlooked. I never thought any¬ 
thing about it but what his name was on there. He had voted two years ago.. 

Q. You had names on your registration hook that you took to he his name'.''— 
A. No; he said none of the names was his. He said neither one of these was: 
hi.s. 

Q. D'd he tell you he had registered?—A. He said he thought he had. Said 
he registered two years ago, hut could not rememher whether he had registered 
or not this time. 

(}. His name was not on the hook on election day?—A. No. ' 

(N Did .vou challenge him yourself?—A. No. 

Q. Did he vote?—A. Yes; we all decided to let him vote. 

Q. Is this .Toe AVinn a stepson of yours?—A. Yes. 

Q. And you are registrar in that precinct?—A. Yes. 

Q. You are his stepfather?—A. Yes. 

(N AVhat time do you say he came in here and registered?—A. He came in 
Ma.v. 

Q. AVhere was he making his headquarters then?—A. In Washington, D. C. 

Q. He is a married man. is he not?—A. Yes; he was married while he was 
in the Marines. 

Q. His wife is living in AVashington?—A. Yes. 

Q. And he is living with her. and they wei'e living in AA-ashington when you 
registered him? Did she vote?—A. No. 

(N Has his wife ever lived in this county?—A. She come in with him the 
first time he got out of the marines and sta.yed from .lanuary; well, about two- 
or three months. 

i}. And then the.v went hjick to AA'ashington and have been in AA'ashington,. 
r>. C., e^'er since, and were living there when you registei'ed him in Alay?— 
A. Yes; I had a little farm and he said he had .joined the marines again. 

Q. He didn't send his wife to you after he had joined the marines? She 
is still in AA'ashington ?—A. Yes. 

Q. How many liepuhl cans registered on regular registration days before- 
you'?—A. I could not say. 

(i. I believe you testified a while ago there was quite a crowd in which you 
ha(i some difliculty?—A. Several of them come in. 

(}. AA'ho was registering most, the Bepuldicans or Democrats?—A. The Be- 
publh'ans seemed to he a little the freest to register. 

Q. The.v were a little more anx'ous to register? How many days before 
the hooks closed did you go around and register people?—A. I don’t think I 
i-egistered many until the last few days. 

Q. Alost of the Uepuhlicans registered at the regular polling place, did 
they not?—A. Alost of th.em did. I registered some when I went away from 
hon'ie, wh(u-e they would send for me or call me in, and never asked none of 
them how they were going to vote. 

(j. The Democrats sent for you to come to their house right often?—A. I 
went to some and some T didn’t. 


766 


C^AMPBELL VS. DOUGHTON. 


(}. About how many Democrats did yon rej^ister at the regular pollini? pbice 
on the regular rej^istration days?—A. I do not rememher. I can not say. 

Q. Did yon rej^ister more Democrats on yonr trips around tlironsli the town¬ 
ship or more Kepnhiicans?—A, I rejjistered more Democrats. 

Q. And yon rej^istered more Kepnhl cans at the rejjnlar polling places than 
yon did Democrats?—A. I think so. 

Q. The Democrats were quite slow to register in this county?—A. It seems 
like they didn’t come ont as free as the Republicans. 

Q. Did they wait for yon to go after them?'—A. I don’t know. 

Q. Did they want yon to register them, or did they care?—A. I didn’t ask 
them. 

Q. D’dn’t they believe in voting?—A. I didn’t ask them. 

Q. They were not anxious to get there?—A. Most of them come ont on the 
day of election. 

Q. Did yon have to go after them on the <lay of election?'—A. No, 

Q. If yon didn’t have to go after them on election day, do yon think yon 
should go around to register them?—A. I didn’t have to go. It was a volun¬ 
tary service, free of charge. I thonght it was my duty to do it. 

Redirect examinafon : 

Q. IMary Miller; yon registered her? Clark Miller’s wife; she can read and 
write?—A. Sure. 

Q. IMiss Jnannas Faw; did yon apply the test to her?—A. Yes. 

Q. Can she I’ead and write?—A. Yes. 

Q. Mrs. Fannie Culvard ; what about her?—A. I never lead her to read and 
write. I thought she could. I knew her all my life and she can read and 
write, both, 

(Attorneys for contestant object to the introdnetion of the letter marked 
“ Exhibit B ” for the reason that the writing of the letter itself does not 
appear npon its face to be in the same writing as the signature thereto ap¬ 
pearing on the back side of tbe letter, it appearing that the body of the letter 
was written ont of the presence- of the hearing, and that the signature to tlie 
letter was written in the presence of the hearing.) 

Exhibit B. 

ISIarch 13 1921 
Oli:ndale Springs N C 

Dear hae I will right yon a few lines to let yon know that we are all well 
hoping yon all the same iVIae I wish yon could come home Howard sed he 
wold come home he is going to Bnyangta mo heal we will not plant no croji 
yon can ride aBont an have good time this summer Glen is going to Buy him 
wheel to ride yon all can have good time 

JoANER Faw 

Glendale 

Witness: 

Ensa L. Perkins. 

RecrOss-examination: 

Q. Who is Mary Miller?—A, I suppose Clark Miller’s wife. 

Q, Where is she now?—A. In West Virgin a. 

Q. How long has she been there?—A. I don’t know. They left since the 
election. 

Q. Didn’t she vote absentee?—A. No. 

Q. Didn’t her hnsband vote absentee?—A. I think so. 

(). Her hnsband had been gone some time before the election?—A. No; he 
had not been gone but a little while. 

(). He had moved ont of the State before the elecfon?—A. No; he has moved 
since tbe elect on. He came back and moved after the election. 

Q. Why did he vote by absentee?—A. He was in West Virgin a. 

Q. Did yon say yon applied the literacy test to Fannie Colvard?—A. No; I 
knew she could read and wr'te, and I did not apply it to a good many others. 

Q. D <1 yon know it by yonr own exper ence or hearsay?—A. I have heard her 
read and have seen deeds where she signed. 

Red'rect examination: 

Q. Clark Millei- is the hnsband of IMrs. Mary Miller, is he not?—A. Yes, 

(}. He was born and ra sed in Ob'ds Township?—A. Yes. 


1 


CAMPBET.L VS. DOUGHTON. 


767 


Q. INIary Miller was born and raised 'n Ohids Township, was she not?—A. It 
was close to the line. I think Peak Greek. Ashe Goiinty. 

(). In Ashe County was it?—A. Yes. Her husband has been out in West 
Virf^in a work nj^ in the coal mines for money to pay for the farm wh ch he 
bonjiht in Obids Township. They were liviiisz: on it at the time of the elecfon, 
and they st 11 own it and have jtoiie back to get the money to tin sh paying 
for it. 

HAltUISON BOWIJN, witness for the contestee, be iig duly sworn, test tied 
as follows: 

Direct exaininafon by Mr. Park : 

Q. Wliat is your mother’s name?—A. Fannie Bowlin. 

Q. Yon are the son of Fannie Bowlin?—A, Yes. 

Q. Your father was named John Bowbn. He was a magistrate a good many 
years?—A. Yes. 

Q. D d a good deal of business, (’an yonr mother read and write?—A. 
She can I'ead prjiit very well and can wr.te pretty good. 

(i. P. L. IMiller test tied the paper she had signed had her mark to it. Do 
yon know anything about that?—A. There was a line in dispute between the 
place we bought on the lower side, and when pa died me and my mother went 
to P. L. IMiller’s and she made her mark. It was a cloudy day, and she told 
Miller to make her mark. Said she could not see well that day. She didn’t 
have her glasses. Something like that. 

Q. I>o yon know of any other pni)er that she signed and has made her 
mark. Ed. (). IMiller test tied yonr mother signed a paper by her mark.—A. The 
night before my father died there was a deed that had not been signed, and he 
happened to think about it, and he called on P. L. IMiller to take mother’s 
acknowledgment to it, and s'ster she went and brought the deed to the door. 
Father was s ck and nervous, and he could not write well, and he went in the 
k tchen and mother had him to make her mark. She could not see well and 
she was troubled about i)a. 

(}. So that was the night before your father died?—A. Yes; the night before 
he died the next day. ' 

Q. You have seen her write her name frequently?—A. She can read and 
write. 

Q. She is a good speller?—A. Yes; they said she was a good speller. 

Cross-examination by Mr. Adams : 

Q. How old is your mother?—A. She is 48 years old. Born in 1872. 

(i. You say she made her mark in signing two of these papers?-—A. All I 
ever knowed her to. 

Q. This magistrate that testified here last week as to having seen your 
mother make her mark testified to the truth, did he not?—A. She made her 
mark to the two pai)ers. 

Q. And if the other evidence in then- testimony is as true as that it ’s all 
r’glit, isn’t it?—A. I don’t know what you mean. That was true about her 
making her mark to the two papers. 

Redirect examination : 

Q. They did not tell the whole truth when they did not tell she could 
Avrite? —A. It does not seem so. 

Recross-examination: 

(). How close does this magistrate live to you?—A. I suppose something 
like a mile and a half to Mr. IMiller’s. 

Q. F?ow long has he lived there?—A. I reckon something like two years, 

(^ Does your mother usually sign her name by making her mark?—A. No, 
sir; she does not. She makes no practice of it. She did make her mark to those 
two papers. 

(}. Only two cases you know of that she made her mark?—A. It is all I 
ever saw her, 

Q. You would not say there are no more?—A. I there are, I don’t know any¬ 
thing about it. 

Redirect examination; 

Q. The magistrate, P. L. Miller lives close to you?—A. In about a half mile. 

Q. Raised in that neighborhood with your mother?—A. Yes; close. 


768 


CAMPBELL VS. DOUGHTON. 


C^. I expect you are to(> youiii? to reineiuber, but I will ask if you don’t know 
by ^enei'al reputation that your inotber was a good si>eller?—A. Yes. 

Q. And be had all opportunities to know, as a matter of fact, that she could 
read and write when he testified that?—A. It looks so. 

1 tecross-exam ina tion : 

Q. Didn’t two magistrates come hei’e and testify?—A. One notary public and 
one magistrate. 

Q. Two different iiersons living in your commun’ty came up and testified to 
the same effect?—A. One of them was a notary public, and the other a magis¬ 
trate. 

.TAMES COXE, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by i\Ir. Rowik: 

i}. Do you know Faiuue Rowlin?—A. Yes. 

(,). You went to school with her?—A. I didn’t go to school with her, but I was 
near there. • ^ 

(y Do you know whether she caii read and write?—A. Yes; and she is a 
good speller, or used to be. She was an extra good speller and reads well and 
writes. 

Q. You know George Miller?—A. Yes. 

Q. lie is your son-in-law’?—A, Yes. 

Did Mr. Rurgess register him?—A. Yes. 

Did he ai)ply the educational test’?—A. He told me he made it a general 
rule if he didn’t know they could read and write not to register them. George 
wrote for him until he was sati.sfied. 

Cy Do you know of Mr. Rui’gess turning anybody down because they could 
not read and write?—A. Only what I have heard. That was the general under¬ 
standing in the neighborhood. Turned down Democrats and llepublicans alike. 

(}. Did you ask him to register some woman that could not read and write?— 
A. He .said he couldn’t. 

. What did yon tell him the politic was?—A. I told him I thought they 
wo\dd vote our way. I was not sure. He said he could not register them unles.s 
they could read and write. I asked him if he could register them under the 
grandfather clause, and he said he could not. 

Q. Do you know H. H. Rurgess?—A. Y"es. 

(,). How long have you known him?—A. About 12 or 14 years. 

(^. Do you know his general character?—A. Yes. 

What is if?—A. It is good. 

Gros.s-examination by iMr. Adaals : 

i). You carried some Democrats up there to register?—A. I went and asked 
him to go and register them. 

Q. You testified that the registrar’s character was good?—A. Yes. 

(}. Did you go to him and tell him you wanted him to register some of your 
Democratic lady friends, as you thought they would vote your way’?—A. That 
was my intention. 

Q. Did you have an idea that this man would do that for you because they 
would vote that way?—A. I didn’t think anything about it. It was to my ad¬ 
vantage to help my party that much, .lust like you would do or anybody else. 

Q. You bad that in mind wlkui you asked him to register these people’?—A. 
I wanted to know if he could. I only asked him if he was allowed to. I do 
not ask any man to do anything that is a violation of the law under no con¬ 
sideration in the world. 

(}. If you are so sincere in all these things, and .such a concrete example of 
hoiie.sty and justice, why did you go to him in this matter?—A. My mother 
and some of my sisters were in the .settlement and were not able to get to the 
election, and I thought if he would stop and register these others, they said 
they would like to register- 

Q. You did not know for sure he would turn you down?—A. No; I did not 
know whether he would or would not. 

(). You had some faith he would take an interest in it?—A. Not much. 

Q. You were longing to try what faith you had?—A. I am not afraid to ask 
for what I want. 

Q. That is your desire in the matter?—A. It was the desire of bothh parties 
for everyone to vote. 



CAMPBELL VS. DOUGHTON. 


769 


Q. Did yon .uo about with liiiii and re^dster?—A. No. 

Von testified (teorffo Miliei* is yonr son-in-lawV—A. Yes. 

i}. Which one of yonr sons-in-Iaw did yon carry to rejiister?—A. Didn't carry 
any. He carried me. 1 went there witli liim. 

(^). He went there to rej;isterV—A. Yes. 

J. C. (’KA\N'F()KD. witness for the contestee, being duly sworn, testified as 
follows : 

Dii-ect examination by iMr. Bowie: 

(}. Mr. Crawford, yon ai'e <me of the comity commissioners of 
Y es. 

(>. Do yon know 11. H. BurgessV—A. I think I do. 

(^. How long have yon known him?—A. Eight years. 

(}. Do yon know his general character?—A. Yes. 

(^. What is it?—A. It is good. 

(}. Do yon know Harrison Bowlin?—A. Y"es. 

Q. Do yon know his general character?—A. Yes. 

Q. What is it?—A. It is good. 

AV. A. WILIHAiNIS, witness for contestee, being duly sworn, testified as 
follows: 

Direct examination by ]Mr. Bowie: 

Q. Do yon know Fannie Bowlin?—A. Yes. 

Q. Do yon know anything about her ability to write?—A. She wrote in m.v 
presence when the registrar called nn her. I was there when Mr. Burgess 
registered her. He called on her to write, and I saw tier write, and she wrote 
a very good hand. 

('ross-examination by iMr. Adams: 

Q. 'What did she write?—A. Her name. I was there nearly every registra¬ 
tion day most of the time, and he required all of them that he didn’t know 
could read and write to write. 1 was there and saw her write. 

Q. Did he make the same requirements of the Democrats and Kepnblicans?— 
A. Yes. 

Q. How many Democrats were registered on regular registi'ation days?—A. 
I don’t know. 

Q. About how many Republicans were registered on regular registration 
days?—A. I could not say. 

(F As a matter of fact yon know the ma.iority of Democrats were not 
registered on regular registration days?—A. I would not say that. 

Q. How many can yon name that did register on registration day?—A. A 
number of them. ]My wife registered on regular registration day; Mrs. lA'on, 
]\lrs. Bare, and I could not give all of them. 

Q. What was the politics of these parties?—A. I do not know the politics 
of the women. Mrs. Baker, Mrs. Nash, Mrs. Bowlin and a number of others 
registered. 

Q. Were there more Kei)nblicans than Democrats registered there?—A. I 
could not say as to that. 

Q. How many Kepubliciins can you name that registered on the regular 
registration day?—A. Mrs. Bessie Idiillips, wife of Lovell Phillips. I believe 
she voted the Republican ticket. Mrs. Carraway, Mrs. Severt. Clemie Severt, 
and INIrs. Perkins. I don’t remember how many more. 

Q. I believe you named six Democrats and five Republicans. Yet there were 
more Republicans that registered than Democrats?—A. I said I didn’t know. 
T think there were more Republicans that registered there on regular registra¬ 
tion days. 

W. A. WILLIAMS, witness for the contestee. being duly sworn, testilied as 
follows: 

Direct examination by ]\Ir. Park : 

Q. Do you know H. H. Burgess?—A, Yes, 

Q. How long have you known him?—A. 1 have known Haig 20 years. 

Q. Do you know his general character?—A. Yes. 

Q. What is it?—A. It is good. 

57005—21-49 


this county?- 




770 


CAMPBELI. VS. DOUGHTOJT. 


Q. Do you know Harrison Bowlin?—A. Yes. 

Q. How loiij? have you known him?—A. I have known him .since he was 
a boy. 

(}. I>o you know his general character?—A. I could not say. 

(}. You have not lived close enough to know his general character?—A. No. 

fj. (,’. (IKKEN, witness for the contestee, being duly sworn, testihed as 
follows: 

Direct examination by Mr. Bowie: 

Q. Do you know H. H. Burgess?—A. Yes. 

Q. How long have you known him?—A. I have knowed Haig 25 years; ever 
since we were boys. 

(}. Do you know his general character?—A. I think so. 

Q. AMiat is it?—A. Good. 

C. I.. AIASH, witness for the contestee, being duly sworn, testified as-follows: 

Direct examination by Air. Bowie : 

Q. Were you with Mr. Burgess, the registrar, when he registered any voters 
or apjilicants for registration? And if so, state where you were and when such 
registration was made.—A. They had Ji little trouble, aiul when the fellow hit 
Air. Ihirgess I went over there and stayed with him at the voting place, and 
I saw him register on both sides, I could not see but what he registered just 
alike. I was there when .Tennie Faw come over to register—her and her girl— 
and they refused to try to write at the voting place, and then I was over there 
at the store where he was taking care of the company store, and my wife was 
at Mr. Burgess by some means, and she come out and motioned for me to come 
out, and I went out, and .Jennie Faw come in while I was at the store, and 
pretty soon she disappeared, and directly my wife come to the door and called 
me, and I went out and she said Aliss Faw said that Air. Burgess refused to 
register her—to give her the test to register—and I went in and told Air. 
Burgess to call her in and see if she could register, and he did so, and she 
refused to come in and try to register. Then I went around with Mr. Burgess, 
for we had some that had not registered, and we were asked to come around. 
I went with him, and he registered Democrats and one Kepublican woman 
while I was with him. 

Q. Did he apply the test alike to both Democrats and Republicans when he 
registered them away from the polling place?—A. I could not tell any difference. 

Q. Did he refuse to register any women because they could not read and write 
when you were with him?—A. Yes; when we got out to .Johnnie Bare’s, my 
uncle, he registei-ed his wife, and her mother was pre.sent, and she never 
presented herself. She said she would give $.50 if she could register, but said 
she could not read and write, and Air. Burge.ss told her he was sorry but he could 
not register her, and then we struck up with Falkman out there, and I asked 
him if .John Aliller’s wife could read and write, and he said “ no,” and we 
never went down there. 

Q. What is the politics of k''alkman?—A. Democrat. AVe went around to 
.John A. Aliller’s, and old man Aliller wanted him to register liis wife, and he 
found out she could not i-ead and write, and Aliller said, “ You could register 
five that would vote the county ticket; that they would vote all Democrat but 
for the national.” He said he was sorry but he could not register them. 

Q. From your observation and knowledge of Air. Burgess’s conduct in per¬ 
forming his duty as registrar, did he fairly and impartially administer his 
duties as such registrar?—A. So far as I could see. 

(}. Do vou know the general character of H. H. Burgess?—A. Yes. 

(}. AVhat is it?—A. Good. 

Q. Do you know Harrison Bowlin?—A. I live a right smart piece away from 
Harrison. 

Cross-examination by Air, Adams : 

Q. You say you went around with Air. Burgess on his registration tour?— 
A. Part of the time; not all. 

Q. You were with him at the registration place on the regular registration 
days?—A. Part of the time. 

Q. About how many Democrats did he register while you were going with 
him?—A. I don’t exactly know. 


CAMPBELL VS. DOUGHTON. 


771 


Q. How many days were yon out?—A. We were out about a day. 

Lb Hid yon go over the township?—A. No. 

Q. How did yon travel?—A. Horseback. 

T i-egistered as many as 10?—A. I lie dossed if I know. 

I wasn’t re^jistrar, and paid no attention. 

Q. Yon say he registered one Republican on this round?—A. Yes Up on 
^ register, I think, about live Republicans at one time. 

R). ibis was on another tonr?—A. Yes. 

Q. Yon went on moi-e tiiaii one tonr?—'A. That was a different time. 

Q. Ion were taking particular notice of his work?—A. I said I thought 
about hve. 

Q. Yon went out more days than one?—I didn’t go but one dav I hap¬ 
pened up tliere. I was not going with him then. 

Q. Among those whom yon were registering the Democrats were more plenti¬ 
ful; isn’t that true?-A. I be dogged if I know. 

Q. Can’t yon tell about that? On this one day you only found one Repub¬ 
lican? A. Me found some more. IVe found one out there and she said she 

would not register. 

Q. r)id yon find any Democrats that would not register?—A. IVe found some—• 
Calvin Severt’s wife. 

Q. On this tonr yon found one Republican that would not register and yon did 
not find any Democrats that would not register?—A. No; I don’t think we did. 

(,). You found one Republican that yon did not register and yon found more 
Democrats than one that yon did register?—A. IVe found several that could 
not register. 

Q. How many Republicans did he turn down that day?—A. One. 

g. How many Democrats did he turn down on this day?—A. Well, taking 

the iMillers in, that voted all Democratic but the national ticket, would have 
been eight. 

Q. Yon were kind of working Democratic territory?—A. AYe have a Demo¬ 
cratic township. 

Q. Yon were canvassing Democrats and turned down eight in a day’s work. 
Yon do not mean to insinuate that the Democrats were not as well qualified as 
the Republicans?—A. The Republicans were in a hurry to get out and register 
and come in swarms, and what could not come were hauled in. 

Q. And yon were a helpmeet to the registrar?—A. I was around; and you 
fellows had a strong man after me, and I had to do the best I could or be beat. 


.TESS GOSS, a witness for the contestee, being duly sworn, testified as follows:: 

Direct examination by Mr. Park : 

Q. :Mr. Goss, you were registrar for Horse Creek Township, in this county, 
for the election of 1920, were you?—A. Yes. 

Q. And as such registrar did you apply the educational or literacy test in your 
township?—A. Yes. 

Q. Did you apply it alike to both Democrats and Republicans?—A. Yes; the 
first two days I didn’t apply it strictly at all. 

g. I suppose there were more Republicans than Democrats?—A. Yes; lots 
more. 

g. And you applied it alike to both parties?—A. Yes. 

g. As a registrar, were you sworn before acting?—A. Yes. 

(}. Now, did you under your oath fairly, honestly, and impartially administer 
and perform the duties as registrar to the best of your skill and ability?— 
A. Yes ; I did. 

g. If any leniency was shown, the Republicans got the benefit of it?—A. Yes; 
if any was shown, it was shown against the Democratic Party. 

Q. You mean bv that that more Republicans registered under your first test?— 
A. Yes. 

g. You turned down Democrats and Republicans because they could not read 
and write?—A. Yes. 

g. Did you make a tour of your townsliip to know about how many Democrats 
and about how many Republicans refused registration or did not register in 
your township?—A. Yes; we made a tour. 

g. How many Democrats failed to register?—A. About 39. 

How many Republicans?—A. About 47; the best we could get at it. 

(5. You were a witness for the contestant, Dr. Campbell, at the hearing and 
gave testimony here last week, wei’e you?—A. Yes. 


772 


('AMPBELL VS. DOUGHTON. 


Q. Did you have any voters in your precinct who were out of the township, 
and had their families out of the township?—A. AVe had some it was I’eported 
had their families out. 

Q. Did they vote?—A. Yes; tliey come up and took the oath and voted. 

Q. None were turned down in the precinct?—A. No. 

Q. Can you give the names of any of these?—A. I think one was Claude 
Calhoun, and one was Smith Grier and Amos Coldiron. 

Q. What is their politics?—A. Keimhiican. 

Q.. Do you know Sid Carpenter?—A. Yes. 

Q. AVhat is his politics?—A. Republican. 

Q. Did he vote in your township?—A. Yes. 

Q. AAGiat ticket?—^A. Republican. 

Q. Do you know anything about the payment of his poll tax?—A. I do not. 

Q. Have you examined the paid poll-tax returns by the sheriff to see whether 
or not his name is on that list?—A. I have not examined it since the election. 

Q. Have you paid anyone's poll tax for the year ]919 lately?—A. I paid Tom 
Harris’s. 

Q. AVhat is his politics?—A. He voted Republican. 

i]. AA'hen did you pay it?—A. I think it was some time this month. 

Q. AA’as his poll tax paid by you as well as his other tax?—A. Yes; and he 
hasn’t paid me yet. 

Q. And you have not examined the records to see whether the sheriff made 
a return that he had paid his poll tax? Thore are two Tom Harrises who have 
paid on the poll list. How many Tom Harrises in your township?—A. I do not 
know of but two. 

Cross-examination by Air. Adams: 

Q. Did you see Tom Harris’s receipt kept by the sheriff in the tax book?— 
A. No; I did not. 

Q. Did you pay his tax?—A. Yes. 

Q. How much?^—-A. I think it was .$2.71. It didn’t amount to $3. He is a 
poor fellow. 

Q. There are two Tom Harrises?—A. Yes. 

Q.’ How many Republicans were turned down in your township on account of 
the literacy test?—A. There were 47. 

Q. You were registrar, were you?—A. Y^es. 

Q. How many Democrats did you say failed to register?—A. I think it was 39. 

Q. How many of these 39 applied to you to register?—A. .lust a few. A good 
..inany didn’t come at all. A good many Republicans didn’t come. Several come 
"on tlie grounds and didn’t apply. T don’t know how many. I understood they 
come on the ground and could not read and write and didn’t apply. 

Q. About what is your idea of how many of these 39 Democrats did not 
apply?—A. I expect two-thirds. All of them didn’t apply. 

Q. All of these 47 Republicans applied?—A. No; not all of them. 

Q. How many applied that were turned down?—A. I don’t remember. 

Q. You turned down I^ockie AAhillace?—A. She turned herself down. She 
wouldn’t try. 

Q. Did Arph Miller apply?—A, He registered, I think. 

Q. Did any women apply?—A. Yes. 

Q. Did they register?—A. No. Pollie Aliller, Maggie Wite, and Mandy Harris’ 
These parties you are asking about didn’t try. 

Q. Did Mandy Phillips apply?—A. I think she registered, 

Q. Elizabeth Johnson applied, did she not?—A. I don’t know. 

Q. Did Martha Clark?—A. I never saw Martha Clark. 

Q. What about John Stidham?—A. He applied, but said he could neither 
read nor write. 

Q. Where has he been for the last year or so?—A. At home. 

Q. How old is he?—A. I think he is about 21. 

Q. Did he go to the Army?—A. No. 

Q. Did Melba Stidham apply?—A. No. 

Q, Did Charline Stidham?—A. She did not s^ppiy. 

Q. Did Ylartha Pennington?—A. T don’t know Ylartha Pennington. 

Q. Mrs. Frank Lewis, did she apply?—A. No. She was on the ground but did 
not apply. 

Q. Can you make a list of the Democrats that did not apply?—A. We have 
got them. 

Q. Y’’ou applied the literacy test throughout the county?—A. I did all the time. 
If there were any I knew could read and write, I did not apply the test. 


CAMPBKLI. VS. DOUGHTOX. 


773 


tin?e niajority of yoiir towiisliip?—A. About 142 Ilepiiblioan this 

15^r?0^' i-^^S^ister after night?—A. Not very- many. Some 

Q. Democrats or Republicans?—A. Some Republicans, but mostly Democrats. 
Cj. As many as 10 Democrats?—A. Yes; I guess there was. 

Redirect examination : 


Q. Mr. Goss, did Minter IMiller vote?—A. Yes. 

Q. Ho\v?—A. Republican. 

Q. Did Arthur Clark?—A. Yes. 

Q. How?—A. Republican. 

Q. AVere they in the military service?—A. No; I think thev went into the 
camps and deserted. 

Q. Both? A. A"es. Both af these boys were drafted—were within the draft 
age—for military service and were known as slackers. 

Q. Failed to i-e.'^ix'nd and had to be taken up and taken to the camp?— 
A. That is my understanding. 


Recross-examination : 

Q. Have they ever been tried on a charge of that kind?-^A. I don’t know. 
They took them back to the camp. 

(,). A on don’t know of them being tried in court?—A. No. 


CHARLIE STANSBERRY, witness for the contestee, being duly sworn, tes¬ 
tified as follows : 

Direct examination by Mr. Bowie : 

Q. Do you live in Horse Creek Township?—A. A"es. 

Q. Do you know .less Goss?—A. Yes. 

Q. Do you know his general character?—A. Yes. 

Q. AVhat is it’?—A. Good. 

• 

A. A. PEPvRY, witness for the contestee, being duly sworn, testified as follows: 

Direct examination by Air. Bowie: 

Q. Do you know .less Goss?-—A. Yes. 

Q. Do you know his general character?—A. Yes. 

Q. M'hat is it?—A. Good. 


OLIA’ER HAM, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Air. Bowie : 

Q. L>o you know .less Goss’?—A. Yes. 

Q. Do you know his general character?—A. Yes. 

Q. AVhat is it?—A. It is good, 

A. TUCKER, witness for the (‘ontestee, being duly sworn, testified as follows: 
Direct examination by Air. Park : 

Q. Do you know Alaggie Aliller—did you know her during her lifetime?— 
A. Yes. 

Q. Did she die before the election?—A. A"es. 

Q. AVas a vote cast for her at the election?—A. No. 

Q. Do you know the general character of Jess Goss?—A. Yes. 

(). AVhat is it?—A. It is good. 

Cross-examination by Air. Adams : 

Q. Ahm say you know Alaggie Aliller?—A. Yes. 

Q. AVas she dead before the election?—A. Yes. 

Q. AA’ere you around on election day?—A. I was not there all day—part of the 
time. 

Q. You can not sw’ear there was not an absentee vote cast?—A. I don’t 
think she voted. I could not swear it positively. 

Q. Do you know of anvbody that has sworn there was one cast for her?— 
A. No. 

Q. Do you know how the idea got out there was one cast for her?—A. No. 


774 


CAMPBELL VS. DOUGHTON. 


(}. You know what you are brought here to try to disprove, do you not?—- 
A. I don’t know wliat tliey ln*ought me for, 

Q, There was.some attempt made t<» i)rove slie did vote?—A. I don't know 
that. 

Q. AVere you informed she did vote?—A. No ; I .lust heard it talked. 

Q. Out in the community?—A, Yes. 

Q. That she voted absentee?—A. Yes; I believe so. 

Q. Did Lester Tucker try to vote?—A. He didn’t as I know anything about. 

ARTHUR ROSE, witness for the contestee, being duly sworn, testified as 
fol lows: 

Dii'ect examination by Mr. Pakk : 

Q. IMr. Rose, you live in Horse Creek Township?—A. Yes. 

Q. About how many Democrats and how many Republicans did not vote, 
either by reason of the fact that they were turned down or did not apply for 
registration, in the general election on November 2, 3920?—A. About 36 Demo¬ 
crats and 47 Republicans, 

Q. You base this estimate upon the family affiliatio'n?—A, Yes. There were 
four or live that was classed as doubtful, and we give the Republicans the 
benefit of the doubtful ones. 

Q. AVere you iiresent when Mr. Goss registered any of the applicants, e^her 
at the polling place or otherwise?—A, I was present when he registered a few. 
I was down there twice. Not long at a time. 

Q. Did he apply the literacy te.st?—A. Yes; he applied it alike to all. 

(}. Do you know anything about Sid Carpenter and Smith Grier and E. C. 
Coldiron?—A. Yes. 

(y Did the.v vote?—A. Yes. 

(y Claude Calhoun?—A. He is out of the State. 

Q. How did they vote?—A. Republican. 

Q. AA’ere they mari-ied men?—A. A'es. 

(y AA'ere they living, and had been liAing, with their families in Ashe (’ouut.v 
at the time of the election for two years i)receding the election?—A. They were 
here at the time of the election, but had been living out of the State for the 
past two years. 

Q. IMr. Itose. have .vou examined the poll books for .vour townshi})?—A. Yes. 

Q. Did you examine it foi‘ the puritose of ascertaining whether or not IMaggie 
Miller's name appeared as having voted?—A. Yes. 

(}. Does her name ai)p(‘ar on tlie poll book?—A. No. 

Q. Did Lester Tucker vote?—A. I looked over all the names and didn't see 
his name. 

Q. Did Lestei' Tucker or Muggie IMillei’ either vote in your township iii the 
last election?—A. Not to in.v knowledge. 

Q. According to the poll book?—A. No. 

Cross-examination by IMr. Adams: 

Q. AVill you swear their names are not on the poll books?—A. T will swear as 
to IMiss IMiller, and to the best of iny knowledge they are not. I was jire.sent 
when the absentee votes were opened and I didn't hear her vote opened. 

Q. You were with the re.gistrar when you made the canvass of the town.'^hii) to 
determine who had not been registfered under the literacy test?—A. A"es; we 
canvassed It together. 

(}. How many Democi-ats did not api)ly for registration?—A. I do not know. 

Q. How many could not pass the litei-acy test?—A. I could not tell you. 

(y Do you know they could not pass it’,'*—A. No. 

(y Do you know they were not registered?—A. I know they were not on the 
books, or did not vote. This poll of the townshij) is citizens of the township 
who did not cast a vote at all. There was .Tacob Taylor, who was an old. ex- 
Conft‘derate soldier, who did not vote, and we have him on our list as a Demo¬ 
crat. 

Q. Did you take the poll books with you to check them olf ?—A. AVe knew the 
people very well and went over the township and got their names. 

Q. A great many of these people included in these numbei’s did not apply at 
air?—A. I suppose some of them did not. T know of some who did not apply. 

Q. As to those who did not apply, do you mean to swear that they can not 
read nor widte?—A. I could not swear than any of tlnun could not. 


CAMPBELL VS. DOUGHTON. 775 

Q. ^ oil mean they did not ivfrister, or were turned down on the literacy 
test?—A. T mean they did not register—did not vote. 

Q. Yon do not mean to testify, then, that tlie reason they did not vote was 
hecanse of the literacy test?—A. They were not re.uistered and did not vote. 
This poll we made of the town.ship was of the citizens who did not vote. I 
mi.crht have misunderstood yonr question. 

Q. Yon mean of those who chose to stay at liome some mi.uht have and some 
mijjht not have re.ii'istered. Tf they liad tried, but were turned down I'esjardless 
of whetlier they could read and write, yon could not testify as to theii- ability 
to read and write?—A. No. 

Q. Yon helped the reiristrar to make this list?—^A. Yes. 

Q. He did not use any more energy and dili, 2 :ence than yon did, did he?—A. 
We both knew tlie people and we knew the names of the iieople. 

Q. Yon have a list of the names?—A. Yes. 

Q. Do yon mind filinii' it?—A. Tt is with the attorneys. 

Q. Do yon mind .civins: a copy to ns or filiii.e; it for the recoi-d?—A. T have 
turned the copy over to the attorneys. 

(The contestee, thronrrh his attorneys, states that he Avill furnish the list to 
the attorneys of the contestant if said attorneys will before the contestant's next 
hearinir furnish the attorneys of the contestee with any ohject.'ons or ])nrpose 
to attack the list so furnished before the next hearinir (>f the contestant.. To 
which the attorneys for tlu' contestant re.loiu an;l move that the evidence of the 
])recedin,!? witness and tlie evidence of the riyistrar, .7'n;s (Joss, ipcrtaininii" to 
certain voters havine: failed to qualify under the literacy test, he iiiiiored by 
the congressional committee by reason of the fact that only numbers appear 
and not names are iriven. Upon the foi'eitoiny statement of attorneys for con¬ 
testant, the contestee hereby drives notice to contestant that, mot’on will be 
made before the concrressional committee to strike ont the evidence of Ambrose 
(dark and others in the various townshi]is of Ashe County ndiose testhnony 
discloses only nninhors without uivinij names. To which the attorneys for the 
contestant rejoin and state that in their record in the hearing no places and 
names were asked for by the contestee or his attorneys. To which the (-ontestee 
rejoins and says that witnesses are present, both the witness n.o^^• on the stand 
and Jess Goss, the re.aistrar, and that contestant by and thron.e:h his counsel 
may recall and ask the names of any whom they desire.) 

Redirect examination : 

Q. Do yon know the .neneral character of .less Goss?—A. Yes. 

Q. Wliat is it?—A. Good. 

.TESJS GOSS, recalled by contestan’t, testified as follows: 

Direct examination by ]Mr. AiiA^rs : 

Q. INIr. Goss, in yonr statement as to these iiersons who had ayiplied and had 
not applied, how many of tho.se Democrats did not apply?—A. I stated before I 
could not remember. 

Q. Have yon jxot the names as they ajijiear? 

t}. Have yon ymt the names as they appear?—A. T have p:ot the names of those 
Avho did not register. I don't know how many did not apply. 

Q. Yon stated, I lielieve. that two-thirds did not apply?—A. Y"es: T thiidc 
that many. 

Q. Yon stated that 47 Republicans were turned down?—A. That is how we 
counted. 

Q. Of thes 47 Republicans, did they all apply?—A. No: not all. 

Q. What was yonr purpose in iisin.g the names of the parties who did not 
{ipply 7 —A. We were jnst counting how many Republicans and how many Demo¬ 
crats were not ]‘e,iristered to get the difference. 

Q. How many Democrats do yon think yon turned down?—A. A great many; 
most of them did lud appl.v. 

Q. Most of the Repnldicans did apply?—A. No: T do not think so: a .great 
man.v did not; came on the ground and did not appl.v. 

Q. Give ns the names of the Democrats who did not apply.—A. T could not 
give yon all. 

(). Give ns the list of the Democrats who did and who did not apply. 

(H(M'e witness calls names.) 


776 * 


CAMPBELL YS. DOUGHTOX. 


A. L. IMILLEU, witness for tlie coiitestee, beings duly sworn, testified as 
follows: 

Direct examination by INIr. Bowie: 

Q. Do you know Harrison Bowlin?—A. Yes, 

Q. How far does he live from you?—A. It is a mile one wa.v and a half the 
other. 

Q. Hom' lon£? liave you known him?—A, All my life. 

Q. Do you know his general character?—A. Yes. 

Q. What is it?—A. It is good. 

ED. DAYIS, witness for the contestee. being ('fuly sworn, testified as follows: 

Direct examination by Mr. Bowie: 

Q. ]Mr. Davis, you are a minister of the Gospel?—A. Yes. 

Q. You know Mi‘. Jess Goss?—A. Yes. 

Q. Do you know his general character?—A. I do. 

Q. What is it?—^A. It is good. 

Q. Do you know Arthur Ro.se?—A. Yes. 

Q. Do you know his general character?—A. Yes. 

Q. What is it?—A. It is good. 

J. W. DUXGAX, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by ^Ir. P.\i?k : 

Q. You were at Old Fields on day of election?—A. Yes. 

Q. Did B. E. Hardin vote?—A. Yes. 

Q. Did his wife vote?—A. I didn’t see her vote; she sent an absentee. 

Q. Where had IMr. and ]Mrs. Hardin been residing?—A. They lived at Bowies 
Creek, and then they moved to Abingdon, Ya. 

Q. How long had they been in Abingdon when the election took place in 
B)20?—A. I can not tell. ' 

Q. About how long?—A. Well, Rich didn’t stay at Abingdon all the time. 
His Avife stayed there something like six or eight months after they left Bowies 
Creek. 

Q. Where is Abingdon, in this State?—A. In Yirginia. 

Q. Were you present at the July term of court in 1920 and heard Hardin 
testify?—A. Yes. 

Q. Where did he claim his residence was then?—A. Abingdon. 

Q. Testified that in the court?—A. The .iiidge said. “ Where is your home, Mr, 
Hardin?” and he said, “My home is in Abingdon, YYa,” I was a witness for 
IVIr. Hardin in the case. 

Cross-examination by Ylr. Adavis : 

Q. Do you know, Mr. Duncan, that he was there for the purpose of sending 
his children to school?—A. I did not know what his business was, 

Q. Is that your understanding?—A. I do not know what he is there for. I 
know he has bought a residence there. 

Q. He has a wife and children, and his wife stays with the children all the 
time?—A. Yes. 

Q. And he stays out at his father’s part of the time?—A. He comes backwards 
and forwards. 

Q. He has property here?—A. I don’t think he has any now. He sold it. He 
told me he had. 

Q. Who told you his property was sold? —A. He told me himself. 

Q. You do not know whether he considers this his home or Abbingdon his 
liome?—A. I just know M'hat he swore. 

Q. He was challenged on election day?—A. He was challenged before the 
election, and he swore his residence was here. 

W. ]\r. HOPKINS, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by INIr. 1’aiik : 

Q. Do you know R. F. Hardin?—A. Yes. 

Q. Do you know his wife?—A. Xo. 

Q. He is a married man?—A. Claims to be. 

{). Whei-e had he been residing before the election?—A. I could not tell you. 

Q. They have been in this county?—A. Well, Rich is backward and forward 
where his family is. He told me they w<'re in Abingdon, Yje 




CAMPBKLI. AS. DOUGHTOX. 


777 


(>. WtMV you proscMit at tiie ti’ial in July that Duncau is talkiii”' about?—A. 
Xo. 

(). Wore you here the day they challenged him and he told that he did not 
live in this State?—A. Yes; his lioine was in Abingdon when he had been 
blockading Ihiuor. 

Were you at the trial tin' day they challenged him at the election 
ground?—A. T was there th.e day he Avas challenged. 

(>. Were you there the day they decided to let him vote?—A. I was there the 
da.y of eh‘ction. 

(}. Did you hear him swear Avhere his I’esidence Avas?—A. Xo. 

Cross-examination by ]\rr. Adams: 

(). Do you knoAV as a matter of fact that Mr. Tucker, the ]>res<'nt commis¬ 
sioner of tesfinony, lias ids family there going to school? You do not consider 
i\Ir. Tucker's residence ladng changed from North Carolina to Yirginia, do 
you?—A. But I Jiever heard him SAwar that it AA^as. 

(). You neA'er heard him askt'd al)out it?—A. No; hut Avhat I AA’as telling you 
is Avhat he sAvore. 

(J. iMr. Tucker’s Avife and daughter are there, his daughter is going to 
school, and INIr. Tucker goes occasionally, does he not?—^A. I don't knoAV. 

Redirect examination : 

Q. T believe you stated you had not heard IVIr. Tucker SAA'ear he Avas living 
in Yirginia, hut you heard iMr. Hardin say he AA’as?—A. Yes. 

Recross-exaniination : 

(>. jMr. Tucker’s Avife is living in Yirginia is your understanding?—A. I haA’e 
heard that. 

ARTHUR ROSE, recalled for contestee, testified as follOAVs: 

Direct exandnation by IMr. Patuv : 

Q. Mr. Rose, ha,A’e yon had any coiiA’ersation Avith INIr. Hardin? If so. AAdiat 
Avas said?—A. T had a conversation Avith him about the 17th or hSth of Febru¬ 
ary of this year. 

(>. What did he say?—A. ?Te told me he Avas living in Abingdon. Ya.. and 
AA’e AA’ere talking about housing conditions oA’er there. He said he had been 
trying to get a house over thei'e for a year, but Avas having to board his family 
because he hadn’t been able to get a house. 

Cross-examination by iMr. Adaais: 

Q. He told you he aa'us tliere educating his children?—A. He said the schools 
here AA’ere no account and he had them at the hotel, and said he had been trying 
to get a house and had not been al)le to get one. 

A. G. IVITHERSPOON. Avitness for the contestee, being duly SAVorn testified 
as folloAA'S: 

Direct examination by iMr. Boavtp: : 

(>. Mr. Withers])oon. you Avere the Democi-atic registrar at JelftM-son ToAvn- 
shlp i]t the election of 1020?—A. Yes. 

O. Did vou applv the literacy test to those Avho appli(‘d for registration?—A. 
No." 

Q. You let them all registei’ that came?—A. Yes; there Avere three in my 
toAvnship Avho dif] not register. 

(). M'hy didn’t they register'?—A. They come to me and made the rtmiark 
themselves that tiiey could not read and Avi-ite before I asked them any ques¬ 
tions. 

(}. If they hadn’t made that remai’k you problahly Avould have registered 
them’?—A. Yes; the ])robability is T AVould. 

Q. Were you i-e(iuested by anyone to apply the literacy test?—A. No; nobody 
advised me on that line. 

(,>. T believe Ihey have got you umhu- indictment, too?—A. Yes. 

(}. What are they charging you Avith?—A. They charged me Avith i-egister- 
ing"the Democi-atic Avomen that could not read and Avrite and refusing to regis¬ 
ter the Republican AA’omen Avho could. 

Q. Did A’ou do that?—A. No. 

Q. You registered them all unless they told you they could not comply AVith 
the laAV?—A. I sure did. 


C’AMPBELL VS. DOUGHTON. 


O 

i i o 

IJ. You livo in Jolfersoii 'TownsliiiiV—A. Vos. 

Q. Who ai‘e the kitnesses aj;’aiTist youV—A. Kiiieiiiie Cohliroii and Liiray 
Cold iron. 

(}. How far do they live from you?—A. It ip a mile and a lialf. 

Q, What inaji’istrate did they take out the warrant against you ])efore?—A. 

I >. H. Goodman. 

(). Adiere does he live? How many townships aiv tliere between you and 
where this ma.uistrate lives?—A. This township, West Jefferson and Old Fields. 

How far did they take you from home and try you?-—A. Ten miles. 
i}. You. and the witness a,uainst you, live about Id miles from the ma^ristrate 
they took you before?—A. Yes. 

i}. "What is his i)olitics?—A. Kei)ul)liean. 

(), Ar(‘ there an.v other magisti-atos i?i this townshi])?—A. Yes. 

(,>. Some in ’West J('fferson?—A. 1 suppose so. 

A magistrate' in Old Fields Townshi]), and yet they took you 10 miles 
from home to try you?—A. Yes. 

i). You requested it to he moved?—Yes. 

Q. AVho did he plane it before then?—A. G. 1>. Wa.uner. 

Was he the nearest ma.i-dstrate? How close to the ^Vautau^ra line is that 
ma.uistrate?—A. Riyht close. 

i}. And what is his politics?—A. llepublican. 

How far is it to where he liv(‘s?^—A. From my home, about 20 miles. 

(}. And they took you about 20 miles?^—A. Yes. 

Q. You were a witness hei’e and testified for the conte'tant at his hearing?— 
A. Yes. 

Q. Did you request this magistrate to ])ut it before somebody nearer home 
than the man living close to the Wautauga line?—A. I don’t know. 

Q. He selected the magistrate himself?—A. Yes. 

Q. Did Winn Pennington vote in this township?—A. Xo. 

(>. AJiy didn't he vote?-—A. He ^^■as challenged on account of his ])oll lax. 

Q. Who chalhuiged him?—A. I don’t rememlier. He wa's challenged and .said 
when Hr. Wiley Dickson (‘ome in that IMr. Dickson would see that he voted 
because he had ])romised him. 

(>. Did he make the statement that ho would get the money from Wiley 
Dickson before the 1st of Way to jsay his poll tax?—A. Yes. 

W'hat did AIi-. Dickson say about it when he came?—A. T remember that 
jMi-. Dickson acknowliMlged to .Mr. Pennington's making arrangements, but he 
forgot to ])ay it. 

(i. What is Mr. Dickson’s politics?—A. Pe]ml)lican. 

Q. What is ]Mr. Pennington's ]>olitics?—A. Democrat. 

Jhiereuiion. you all didn't let him vote becau.se he hadn't his poll-tax re¬ 
ceipt ?—A. Xo, sir. 

IMr. 'Withei's])oon, did you fairly and inqiartially. according to your best 
.iudgment, discharge your duty as a registrar and election officer during that 
election?—A. Yes, sir. 

(’ross-examiiiation by IMr. Adaims : 

tp You registered the ])eo])le alike, both Democrats and Republicans?—A. 
Yes. 

(p And yon did not ap])ly the lib'racy test in your townshi])?—A. Xo. 

(). You registered sonu' away from home and some at the oflice?—A. Yes. 

(p '^^'hat are the names of the ])artit'S you registereil in the oflice?—A. The 
Austins, and I remember Rare's wife. 

(p AVas there another one?—A. T don’t recollect. 

rp Air. Austin was chairman of the executive committee of the Democratic 
I’arty in this county?—A. Yes. 

Q. Tlie ])recinct in the township in which you registered the voters of Ashe 
County was the home of ?\lr. Austin, was it not?—A. Yes. 

(p And the oflice in which you did some of the registering was also within the 
precinct in which you and IMr. Austin lived? You did not have any instructions 
as to the a])])lication of the literacy test?—A. Xo. 

(P Fi'oni the State?—A. IMight havi' had some from the State. Seems like 
there was some little circular or something. 

Q. Did you have a letter from >Mr. Lamb?-—A. T don't remember. 

(p How many ]>eople voted in your precinct?—A. I think it was f>28. 

(}. About how many new registrants did you have?^—^A. Xot far from 40d. 

(p What is yours—Democratic or Ihqniblican ma.i'ority?—A. Democratic. 


CAMPBELL VS. DOUGHTON. 


779 


(}. About liONv imich?—A. Quite a bit. 

(L Two liuiidred?—A. Yes: BOO and upward. 

(}. Over 400?—A. I don’t remember. 

(L Tlie iar^^est in the county?—A. I tliink so. 

Q. 1)0 you think it is tlie largest precinct, or tlie largest Democratic ma¬ 
jority?—A. Tairgest Democi'atic majority. 

Kedirect examination : 

(}. In regard to the majority, tliose i)arties in the office of Bowie and Austin, 
T M’ill ask you if you did not happen to be in and tbe parties asked you to I’eg- 
ister them. ^ ou didn’t make that as a place of I'egisteidng them?—A. I don’t 
remember wlietber I was in there, or 1 stepped in tlie office and they asked me 
to register them. 

WIXN PENNINGTON, witness for the contestee, being dulj' sworn, testified 
as follows: 

Direct examination by Mr. Park': 

Q. "NVliere do you live, IMr. Pennington?—A. I live in .Jefferson Township. 

(}. 'What township were you living in during the last election in 1920?—A. In 
Jefferson Township. 

Q. Did you vote?—A. No. 

Q. AVhy?—A. Didn’t have my poll-tax receipt. 

Q. How came you not to have your poll-tax receipt?—A. I was working for 
Wiley Dickson, and he come to the field, we was working together, and he come 
up to me and said he hadn’t paid his tax, and I told him I was glad he named 
it. as I might have forgot it, and I asked him if he would pay mine. He said 
“Yes.” I h?id cut some wood the year before and cut on last year’s prices, and 
he was to pay me $1.25 a cord, and pay me $1.40 if the wood still stayed up. 
That morning I asked him to pay my tax and take it out of that back money, 
and if there was any over I v’ould settle it. So he come on and I never named 
the tax any more until afterwards I got a letter from the sheriff wanting my 
taxes. I thiidv I\lr. Dickson v. as at my house, and I asked him if he had paid 
my tax. and he said he forgot it. I asked him for a check and told him I would 
give him the money for a check to pay my tax. That was after the 1st day of 
Vlay—in June, I think. I come up to register a few days before the election 
ami I said to him, “ Do you reckon they will challenge me on the day of elec¬ 
tion? ” and he said he did not know, and I said, “ You promised to pay my tax,” 
ami he said he didn’t think it was right for them to challenge me. I come on 
up here and they challenged me, and I told them to wait? till Mr. Dickson come 
and I would vote; that he had agreed to pay my tax, and I was talking to Mr. 
Rob Dickson and some others, and they told me to wait till he got there. He 
got there, and they asked him to tell the judges about it, and he said all right, 
and Bob Dickson asked him about it, and he said he promised to pay, but forgot 
it, and said I was not entitled to vote, as I hadn’t paid my poll tax. 

Q. What was Mr. Dickson’s iwlitics?—A. Republican. 

Q. So yon didn’t get to vote?—A. No. 

Cross-examination by Mr. Adams : 

Q. Did Mr. Dickson challenge you that day?—A. No. 

(). He came eit and testified that you told him to i^ay his tax, but said he 
forgot it?—A. Yes. 

Redirect examination: > 

Q. What did he say about you being entitled to vote?—A. He said I was not 
entitled to vote because I had no poll-tax receipt. 

Recross-exainination : 

Q. As a construction of law, that is true, is it not?—A. I don't know much 
about the law, 

Q. You feel that he should have been more careful in attending to your busi¬ 
ness affaii-s?—A. I never bad asked bim about it for 1 bad never asked him to 
do anvthing but what he had done it. 

Q. You do not feel that he intentionally did this, do you?—A. I can not say.. 
I will not say as to that. 


780 


(’ampbp:ll vs. doughton. 


T. J. BUIiKETT, \vitness for the contestee, beinji duly sworn, testitied as' 
follows ; 

Direct examination by INIr. Park : 

Q. ]Mr. Bni-kett, yon were one of the ,1ud.i;es of election in your precinct in the 
election of 1920?—A. Yes. 

(b As a .pidse of election, from your observation and knowledge of the regis¬ 
tration and bow it was conducted, state whether or not the registration and 
election were fairly and impartially held?—^A. I think it was a fair election. 

(J. You heard the statement of IMr. Pennington, with reference to what was 
said about his being allowed to vote and what ]Mr. Dickson said; did you hear 
that conversation?—A. Yes. 

(}. Was it as i-elated by Wr. l*ennington?—A. Yes, sir. 

Cross-examination by iNIr, x\dams : 

Q. You are one of tbe election officers?—A. AVas; yes. 

Q, You were ])resent on election day, of course?—A. Yes. 

Q. About how many absentee votes did you have in that precinct?—A, Fifty 
some odd. Between 50 and 55. 

(}. About how many of them were Democratic votes?—A. I su])pose prob¬ 
ably 50. 

Nearly all Democratic votes?—A. The majority of them; yes. 

Q. Did you officials return them to the register of deeds, or other officer?— 
A. The registrar of the township took them. I opened the ballots and then 
handed them to the registrar. 

Redirect examination : 

Q. ]\Ir. Burkett, M as the name of the voter indorsed u]>on the back or margin 
of any of those absentee tickets?—A- Yes ; it M’as (tn the margin. 

Q. You mean the name of the voter m'US (Ui the certificate, and not on the 
ticket?—A. Yes. 

Becross-examination : 

Q. Did you open up thesb absentee votes?—A. Yes; and after I opened them 
I read the certificate and then I ])assed the county and national tickets to the 
Republican judge, and deposited the congressional and the State tickets, too. 

F. L. COTA'ARD, witness for the contestee, being duly SM’orn, testified as 
follo\A’s: 

Direct examination by Air. Park : 

Q. Air. Colvard, do you kmnv A. G .AVithersitoon ?-—A, Yes. 

Q. Do you know his general character?—A. Y'es. 

Q. AVhat is it?—A. It-is good. 

Q. Do you knoM' T. .1. Burkett?—A. Y'es. 

(}. Do you know his genei'al character?—A. A^es. 

Q. AVhat is it?—A. It is good. 

Q. Do you know R. Ij. Dickson?—A. A^es. 

Q. Do you know his general character?—A. A>s. 

Q. AA’hat is it?—A. Good. 

Q. R. L. Dick.son was the Republican jud.ge of tbe election in vour precinct?— 
A. A'es. 

A. A. PRTGE, witness foi* the contesb'O, being duly SM’orn, testified as fol¬ 
lows : 

Direct examination by Air. Park: 

(). All-. Price, do yim knoM" A. G. AAMtbers])oon?—A. Yes. 

Do you know his general character?—A, A'es. 

(}. AVhat is it?—A. Good. 

(}. Do you knoM’ T. .T. Burkett?—A. Yes. 

Q. Do you knoAv his general character?—A. A"es. 

Q. AA’hat is it?—A, Good. 

(). Do you know P>ob Baker, of ('i-eston Township?—A. A>s. 

Q. Do you knoM' his .general character?—A. A^'es. 

(j. AVhat is it?—A. Good. 

<,>. Do you know Henry Aliller. of Glifion Township?—A. A>s. 

<). Do you know bis .general character?—A. Yes. 

<). AA'hat is it?—A, It is good. 



(’AMPBKLL VS. DOUGHTON. 781 

.1. 1). THOMAS, witness for tlu* contestee, beiii.u' duly sworn, test'tied as fol¬ 
lows : 

Direct oxainination by Mi*. r) 0 \\'iE: 

(}. Mr. Thomas, do you know A. G. AVithersiioon?—A. Yes. 

(}. Do you know bis general cliai*acterV—A. Yes. 

(>. AVhat is it?—A. Good. 

Q. Do you know T. Burkett?—A. Yes. 

(T Do you know his ireneral charaetei*?—A. Yes. 

Q. What is it?—A. Tt is .i?ood. 

(Y Do you know U. L. Dickson?—A. Yes. 

Q. Do you know Ids sioneral character?—A. Yes. 

Q. "What is it?—A. Tt is .uood. 

Q. Do you know Idenry Miller?—A. Yes. 

(}. Do you know^ his jieneral character?—A. Yes. 

Q. AYhat is it?—A. It is .irood. 

Q. Do you know Bob Baker?—A. Yes. 

(}. r>o you know his jieneral charactei*?—A. Yes. 

What is it?—A. It is p:ood. 

.1. E. AVALTEKS, witness for tlie contestee, beiiiir duly swoi*n, testitied as 
follows: 

Direct examination by Air. Bowie: 

Q. Do you know A. G. AAh'therspoon ?—A. Yes. 

Q. Do yon know his jtenei’al character?—A. Yes. 

Q. AAdiat is it?—A. It is ,a'ood. 

(,). Do you know T. .1. Iturkett?—A. Yes. 

Q. Do you know his ,e:enei*al character?—A. Yes. 

Q. AAdiat is it?—A. It is j^ood. 

Q. Do you know Bob Dickson?—A. Yes. 

(}. Do you know his ueneral character?—A. Y^es. 

Q. AAliat is it?—A. It is .ijood. 

Q. You served on the boai*d of county commissioners with Air. Dickson, did 
you not?—A. I don’t thiidc I did. v 

(,). Air. Dickson has la^en one of the board of commissionei*s of this county?— 
A. Yes. 

.TOblN AIILLEK, witness for the contestee, bein.jf duly sworn, testified as 
follows: 

Direct examination by Air. Bowie: 

Q. Air. Aliller, are you a brother of Alaggie Aliller, of Horse Creek Town¬ 
ship?—A. Yes. 

Q. Did your sister vote in the last election?—A. No, sir. 

Q. She didn’t register?—A. No. 

Cross-examination by Air. Adams : 

Q. Js there an allegation that she voted?—A. I have heard it talked a whole- 
lot, but she didn’t vote. 

(^.She is your sister?-^A. AT's. 

(}. How is it said she voted?—A. I heard the report that she voted absentee. 
Q. She didn’t vote?—A. I think not. 

(}. How long before the election did she die?—A. She died about three oi" 
loiir days before the election. 

Q. Was an absentee vote made up for her?—A. No. sir. It was known in 
the"community she was sick and d'ed before election time. 

Q. Df course, you know that she did not cast a vote?—^A. I do not think so. 
(^). A"on know she did not authorize anyone to cast a vote for her?—A. A'es. 

Q. And if there was a vote cast for her she did not authorize it?—A. Yes. 

Redirect examination: 

Q. Air. Aliller, that report was made by certain Republicans of your town¬ 
ship. was it not?—A. A^es: I think so. 


y 


782 


CAMPBELL VS. DOUGHTON. 


l». T. McNKILT., witness for the eontestee, beins duly sworn, testified ns fol¬ 
lows : 

Direct examination by Mr. Pakk : 

Q. Did Ton keep one of the poll books on election day at M'est Jefferson?— 
A. No. 

Q. Were yon present when the question was raised about 11. H. Hardin’s 
havinji- voted?—A. I was there at the time the absentee votes were being 
counted. 

Q. What was said and done about that vote?—A. The question was raised 
when it was opened to to whether he had voted. 

, Q. Who raised the question?—A. I think it was INIr. Green, one of the .judges. 

Q. Was he the Democratic judge?—A. Yes. 

Q. AVhat did he say?—A. To the best of my recollection he spoke first. 

Q. Several were in there, both Democrats and llepublicans?—A. Y’^es. 

(}. What was Hardin’s politics?—A. Democrat. Bernard Graybeal was the 
Republican clerk and he said he had not voted. 

Q. What was done about it?—A. They counted the vote after the Republican 
clerk said he had not been there, and they said to count it. 

Q. Were you present on one occasion when Dr. Blevins pi'esented two women 
to Alec Rose to be registered ?—A. Yes. 

(h Tell us about it.—A. Rose was the Democratic registrar. Sometime dur¬ 
ing the week—it was not on the day they were supposed to be present for this 
registration ; to the best of my recollection it was on Tlmrsday or Friday— 
Basil wanted to fix up his ticket to vote by mail, and he was in the registrar’s 
office having his ballot fixed up, and Dr. Blevins come to the door and said 
there were two women out there \^dio wanted to register. He said he had never 
seen them before. He didn’t know them and he wanted them to be shown 
where the registrar’s office was, and he told them to come in. He picked up an 
election law or constitution and turned to the first section, I think it was, 
and handed it to them and told them to read. Mr. Rose didn’t have his glasses 
and asked me to take the book and take their names, and I took the book, and 
I think it was IMiss Dickens went through the piece. I don’t know whether 
she read or not. Anyway, she called some words as it was there, and I asked 
her her name and she said “ IMiss Dickens,” and it was strange name and I 
asked her how to spell it. She turned to the other woman and said “ How 
do I spell it?” and then after she said that I asked her where she was born, 
and the other questions as outlined, and she said she did not know, and turned 
to the doctor and asked where she was born. The other woman seemed to be 
a little better qualified than Miss Dickens, but after they went out something 
was said about the questions raised as to whether they could read and write, 
and it was generally understood that they could not read. IMr. Rose said when 
they came l)ack he would ask them to read in a different section, and when 
they came back he turned to a new section, and they could neither read nor 
write a word, or didn’t do it. They didn't know how to spell their own names— 
Miss Dickens didn’t; I never asked Miss Turnmyers. 

Q, You say Dr. Blevins said he didn’t know them, and had never seen them 
before?—A. That is what he said, 

Q. Did you get any information that his wife had been trying to teach them 
to read? 

(Contestant, through his attorney, objects to the-witness testifying as to his 
information and restricts him to what he knows.) 

Q. Did >mu know {inything about thafi'—A. T heard something like that. It 
was talked about when they first came, I stopped on the street, and it was 
somewhere, possibly the blacksmith shop. It had been talked pretty freely 
at that time that these women had come here and were being taught to read 
or memorize. I think it was Mr. Parsons said he had seen two women there 
at Dr. Blevins for the past two weeks, and about that time he said “ There they 
go now.” and it was the same two women. That is all I know about it. 

Q. Do you know it was the same two women?—A, I think so. 

Cross-examination by Mr. Ada^^is : 

Q. You were in the store when these ladies came to register?—A. It was in 
John A. Weaver’s office Mr. Rose was using. 

Q. You were there when they read the constitution the first time?—A. Y^es. 

Q. And you put their names on the book?—A. He said he didn’t have his 
glasses. 


CAMPBELL VS. DOUGH TON. 783 

Q. And they satished liim and yon, too, at that time?—A. They didn’t 
.‘satisfy me. T ^^■as not tlie reftistrar. 

(}. They satisfied him?—A. I conld not sa.v. 

(}. He liad yon to put their names on the l’)ook?—A. Yes. 

(}. And he (]nalified it?—A. I don’t remember. 

Q. Had yon been helping him register before?—A. No. 

Q. Anyway, he'instructed yon to put their names on the book?—A. The 
reason I was there I was chairman of the new township. They wanted me to 
get the tickets. 

Q. And you put their names on the book at his instruction?—A. Yes. 

Q. How long did yon remain after these ladies left?—A. A few minutes. A 
short time. 

Q. What other Iversons were in there after these ladies left?—A. I don’t recall. 
Mr, Rose, Mr. B. B. Bare, and possibly others. 

Q. Now, what remark was made after they went out concerning the politics 
of these two ladies?—A. I don’t recall any remarks having been made. I 
heard some one say, “ They registered two good Republicans.” I do not recall 
hearing any remark after we got through. I went on fixing up the ballots and 
never heard any conversation. I do not know how the discussion came up as 
to these people’s politics, and I told you I was on this other matter fixing up this 
absentee vote. 

Q. Did the discussion come up as to whether they could read and write?—A. 
Yes; that was discussed pretty freely after she couldn’t spell her name, and the 
question was raised if she didn’t know how to spell her name, could she read 
and write. 

Q. And the registrar had authorized you to place their names on the book?— 
A. I took their names. 

Q. And yet one of these ladies said she didn’t know how to spell her name?— 
A. She said, “ How do I spell it? ” 

Q. And with that evidence before you and him, you placed her name on the 
book?—A. l"es. 

Q. And after she said that and asked this other lady how to spell her name 
in your presence and making this statement among all of you, you are trying to 
charge Mr. Blevins with fraudulently trying to register them?—A. I am not 
charging him with anything at all. I don’t suppose there has been any charge 
made in regard to Mr. Blevins’s intent. 

Q. There was some talk about his bringing them there?—A, I don’t know. 

Q. There was some talk about his wife preparing them to register—teaching 
them to read the Constitution?—A. I didn’t say his wife did. They had been 
seen at his house. “ 

Q. You say Dr. Blevins’s wife taught them to read and write?—^A. I don’t 
know whether it was Dr. Blevins’s wife or not who was giving the instructions. 

Q. Do you know anyone was giving instructions?—A. I would not swear it. 
It was remarked that these women had been seen there. 

Q. How did you get your instructions to read and write?—A. I got it 
through the proper medium, by public schools, etc. 

Q. And there are a lot of people who enlist private tutors to instruct them to 
read and write?—A. I never heard of it before just before the election. , 

Q. You never heard of it before?—A. Never did. 

Q. If a person wanted to take private instructions to prepare for anything, 
it would be legitimate, would it not?—A. It would be a pretty quick course. 
I don’t think it would be very thorough. I would not think they could stand the 
literacy test. 

Q. Will you swear they can not read and write?—A. I will swear they didn’t. 

Q. Will you swear that the registrar put their names on?—A. No. I will 
swear that I took their names off according to his instructions, and had them 
struck off. 

Q. After they had read?—A. After they had memorized. I will swear they 
did not read. 

Q. After they were called for the second time, you will swear they did not 
read the first time?—A. They called words. 

Q. Did he instruct you to take the names off?—A. Yes, 

Q. And you took their names off?—A. Yes ; I took them off under his direction. 

Q. Do you know of anybody else in the township he applied the test to the 
second time?—A. I think I do. I would not swear, but heard he did on one 
occasion. 

Q. Who did he apply it to the second time?—A. Mrs. Walter Taylor. I will 
not swear this as positive. 


784 


CAMPBELL VS. DOUGIITON. 


Q. Did she apply to him at his place of registration?—A. I could not say as 
to that. The first time, I think, he was out on his mission, and the second time 
whether she came or whether he went to see her. I do not know, I heard the 
first time he went she didn’t satisfy him, and the second time she read to Ids 
satisfaction. 

Q. It is customary in your township to apply the literacy test, is it?—A. We 
have not Imd any test over there but once. It is the second time I voted, and 
I don’t know much about the procedure. 

Q. You do not know of any requirements providing for the literacy test?—A. 
I understand they must read and write to the satisfaction of the registrar. 

Q. After they had passed that, he is supposed to put the names on the book?— 
A. The question is, if he is satisfied. 

Q. He instructed you to put the names on the book?—A. I do not know that 
he said to put them on the book. I supposed they were eligible to register, and 
I took them in alphabetical order. 

Q. You do not know of any authority to take them off?—A. No, sir. 

R. C. BARR, witness for the contestee, being duly sworn, testified as follows: 

Direct examination by Mr. Park : 

Q. ]Mr. Barr, is Roger Barr your brother?—A. Yes. 

Q. Did you have his poll tax paid before the 1st day of IMay, 1920?—A. Yes. 

Q. Did you get the receipt before the 1st day of May, 1920?—A. Yes. 

Q. AVhere does Roger live?—A. He is in school in Washington City. 

Q. Where is his home?—A. In Creston Township, Ashe County. 

Cross-examination b.v Mr. Adams : 

Q. Which township did he vote in?—A. Creston. 

(,). l-liar is bis home?—A. Yes; where his father lives, 

(,). What township does be i)a.v his taxes in?—A. His taxes were paid at the 
couilbouse. 

(). He is on the paid list for .Tefferson Townshi])?—A. Yes; T think so. 

C>. You i»ai(! his tax in .Tefferson Township?—A. Yes. 

(At this .iunctui-e and during the hearing of the evidence the contestee, 
through his counsel, states that he desires to use H. C. Tucker, the acting com- 
missicnie)- of testimony and notary ])ublic. as a witness, and .1. A. Rowland, a 
notai-y laihlic in and for the county of Ashe and State of North Carolina, whose 
commission expires on INIarch 26, 1928, is called to act as notary public and 
comniissioiier of evidence in the taking of the testimony of H. C. Tucker and 
others in connection with the facts to be ])roved by lir. Tucker.) 

H. C. Tri.’KKR, witness for the contestee, being duly sworn testified as 
follows: 

I>i]-ect examination by ^Nfr. Park: ^ 

Q. Mr. Tucker, where did you vote in the election of 1920?—A, West .Tef¬ 
ferson. 

i}. You were living there and claim that your residence now?-—^A. Yes. 

(>. Did Mr. DufTield live in your township?—A. Yes. 

(.}. Did Mr. Dufheld vote in that election in West .Tefferson?—A. Yes. 

Q. Mr. Tucker, did you have any conversation with Mr. Dufheld about his 
l»oll tax prior to the election?—A. Yes. 

Q. Please tell what took place and when it was. Was it before or after Iday 
1. 1920?—A. After IMay 1. I do not know the date. We were talking about the 
election, and he was talking about voting and how he was going to vote, and 
I .^aid, “ You can’t vote for you have not i^aid your poll tax,” and he says, 

” Do you have to do that? ” and seemed to hate it. I says, “ T will tell you how 
.vou can get your poll-tax receipt if you want to do it,” and he said, “All right” 

I told him t(» go over and see Mr. C. B. Spicer and talk a little radical to him 
and he would get his poll-tax receipt. 

Q. Did he say he would do it?—A. He said he would. 

i). When was the next conversation you had with him?—A. I saw him in a 
night oi- two after the convei’sation, or some little time, and he said he had been 
over and seen about it. and he said it worked all right. Pulled his tax receipt 
out, and it was dated some time in April. 

O. Who was present and heard th.at conversation?—A. Clifford Wray. 

Q. Anybody else?—A. No. 


C'AMPBELL VS. DOUGHTOTs. 


785 


(}. Mr. Spicer wms ciiuiriinin of the Uepiihlican executive connuittee of this 
couiit.v at tliat time?—A. T uiiderstaial he vas. 

(}. And one of the attorneys for the contestant in tliis matter?—A. Yes. 

C^). Did ]Mr. Dnftield tell yon how he voted in the election, or do you know?— 
A. I do md really know. I think lie told me he voted the Ueimhlican ticket, 
except Mr. Rowland and the senator. 

(h‘o,ss-examillation hy ]\Ir. Spk’eu : 

(>. Mi-. Tucker, you say ^ir. Dutheld told you he had not jiaid his poll tax?—■ 
A. Yes. 

(h And you told him to see ]\[r. Spicer?—A. Yes. 

(.). Do you mean to insinuate that I would forjie a receipt for him?—A. I 
meant just what 1 said. 

Do you mean to insinuate now that 1 would forge a receipt for anyone?— 
A. Yon Jieard my evidence. 

Q. 1 will ask you is that what you meant, or intended to insinuate?—A. You 
heard what I swore. 

Q. Do you want to leavi' it that way?-—A. That is all the information I have 
about it. De got tlu‘ receipt. 

(>. Do you know where lie got the receipt?—A. Only what he told me.. 

(). Did he tell ,vou where he got it?—A. He told me he got it from yon. 

(>. Will you swear that uneijuivocally?—A. You heard what I said about it. 

(j|. Did you s('e the tax receijit?—A. Yes. 

(). M’hat date does it show?—A. I did not read the date. I looked at the 
receijit, hut it was in front of the drug store and the light was dim. T asked 
him what date, and he said some time in April. T had the receipt in my hands. 

(}. You do not know whei-e he got it except what he told you?—A. No. 

Q. I>id .you find the date?—A. Tt was dated, hut I could not make it out. 

Q. How was it-dated, with a ])encil or jien?—A. The light was shining 
rhi-ough the window, and 1 could not see well. 

Q. How was the receipt fixed up with a pen or pencil? Was it stamped?—A. 
I could not say. 

(^. Did it have the sheriffs name to it?—A. I didn’t read the receipt. Could 
not make it out. It was in the night and the light was shining through the 
window. 

(}. You do not know anything about when it was paid?—A. Nothing exc-ept 
what I told you. This question come up after that time. 

Redirect examination: 

(). Do you know ^yhether he was on the paid list as returned by the Re¬ 
publican .sheriff or not?—A. No, sir. 

(.>. Where do you consider your residence?—A. West Jefferson, A.she County 
I have got my liou.se and all my business here, and my house furnished at West 
Jefferson, and I use it as my home. I never even took my beds. I go and staj 
with my wife some and she (-onies and stays with me I have my family in 
s(‘hool. The.v will be back by the 1st of May. 

Recross-examination : 

Q. Your wife does stay in Abbingdon and your children are thefie in 
school?—A. Y^es. 

(TjIFFORD WRAY, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Rakk : ^ 

(.}. You live in West Jefferson?—A. Yes. 

Q. Did you hear the conveisation between Mr. Duffield and Mr. Tucker about 
the"poll-tax receipt?—A. I didn’t hear it all. 

(>. What did you lieiir about it?—A. One night, I think it was, iMr. Duflield 
bail his tax receipt and said it worked like a clock. Told IMr. Tucker he got 
his tax receipt all right. 

Q. Did Mr. Tucker say soimffhing to him before he made that remark?—A. 
'J’hey were talking about it; I don’t i-ememlier what was said. 

i}. Did he produce the tax receipt?—A. Yes. 

(.}. Did you see it?—A. 1 seen it. 

i}. Did you examine it?—A. It was dark and I never jiaid much attention to 
it. I don’t remember much about it. 

-)7cm—2 ^—no 


786 


CAMPBELL VS. DOUGHTON. 


Q. did ^Ir. DiiffieUl say about when it was dated?—A. I don’t believe 

lie said auytliiiij^ about tlie date. I didn’t hear that part. 

Q. Did he say who he j;ot the tax receipt from?—A. I don’t remember. 1 
believe he said iie j?ot it from Spicer. 

(i. That is your best impression?—A. Yes. 

(h’oss-examination by Mr. Spicer ; 

(J. Did Mr. Duffield say he jjot tlie receipt from me?—A. I think he did. 

Q. Did you see the receipt?—A. Y"es. 

(J. Did you examine it?—A. No. 

(.}. Wheii was it dated?—A. I noticed, but don’t remember nothing about it. 

Q. Was it signed by the sheriff?—A. I do not remember. 

W. A. WRIGHT, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Bowie; 

Q. Do you live in AVest .Tefferson?—A. Yes. 

Q. 1)0 you know Mr. Duflield?—A. Yes. 

Q. What do you know about this poll-tax receipt matter?—A. After the con¬ 
versation come up about Mr. Duffield not paying his poll tax. ]Mr. Tucker was 
telling me about him. Told him to come over and see Mr. Spicer and he could 
probably arrange it and get a poll-tax receipt, and he come back on the lumber 
yard and was looking about some, and said how well his trick worked about 
the tax receipt, and he said he come to Mr. Spicer and Mr. Spicer give him his 
j)ol 1-tax receipt and dated it back far enough for him to vote. 

Cross-examination by Mr. Spicer : 

(}. He told you I got the receipt for him and dated it badv?—^A. Yes. 

P. D. DUFFIELD, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by IMr. Park ; 

Q. You live in AVest Jefferson?—A. Yes. 

(}. You have heard Mr. Tucker’s statement. Tell us if this is all correct.— 
A. I had been away on a trip and come back around the 1st of May, and Mr. 
Tucker wanted to know if I was fixed and wanted to vote. I asked him what 
I had to get, and he said, “ Have you got your tax receipt? ” and I said, “ No.” 
He says, ” Better see IMr. Spicer and get it.” I think it was along about the 
last of April I came over here and saw Mr. Spicer, and he says, “ Your receipt 
is all right. You are on the list.” I said, “How much is it?” and he said he 
didn't know. In a day or two I got the receipt through Mr. Frank Blevins, 
the Re])ublican deputy sheriff. He brought it to my house and handed it to me. 

Q. Did you pay him for it?—A. No. I said, “How much is it?” and he said 
lie did not know; I would have to .see Mr. Spicer. I said that was all right, I 
ivouhl just give a check, and he said, “ No; that will be all right.” 

Q. That was all after the 1st day of Alay?—A. No; my receipt is dated before 
that; it is dated on the 3th day of April. 

Q. Are you sure this was before the 1st day of IMay?—A. I just could not 
tell. 

Q. And you would not say as a matter of fact?—^A. I just do not know. 

Q. A^oii are certain he told you his name was on the paid list?—A. Yes. 

(''ros.s-examinatiou by Mr. Adams : 

tj. You live in AVest Jefferson?—A. ATs. 

Q. A’ou made application for your poll-tax receipt?—A. l>s. 

A^our i)oll-tax receipt was brought to you in the present form, and you do 
not know what date it was procured from the sheriff of the county?—A. No. 

( j. You do not know what date it was paid. You know you voted the Repub¬ 
lican ticket and your Republican friends sent you your receipt. You have that 
receii)t with you?—A. Yes. 

Q. A'ou were summoned here at the instance of the contestee?—A. Yes. 

(}. That is the receipt on which you voted?—A. Yes. 

i}. That receii)t was sent to you?—A. Yes. 

(}. I will ask you if (thas. B. Spicer’s name is on that anywhere?—A. I do 
not think so; no sir. 

Q. I will ask you if the name of the sheriff appears on that receipt on the 
Siheriff’s dotted line at the bottom?—A. Yes. 


C’AMPBELL VS. DOUGHTOJs^. 


787 


Q. Cbas, K. Latham is the sheriff of this county?—A. Yes. 

Q. And you voted on that tax receipt?—A. Yes. 

Q. Would you mind introducing it in the record? 

(No answer.) 

Kedirect examination: 

Q. Y'ou did not pay any money for that when you received it?—A. No. 

Q. And if the payment of that tax receipt was ever made it was made before 
it was given to you?—A. Yes. 

Q. The sheriff of this county is charged with the collecting of taxes?—A. Yes. 
(Exhibit C of Aslie County is offered by the contestee.) 

ExHiiiiT C, Ashe Cot’nty. 


Jefferson Township. Ashe County, N. C. 

-, 19—. 

Received of F. 1). Duffield his taxes for the year 1919, as follows; For poll 
tax, $2.55 ; special, -. 


i'aid, April 30, 1920. 


Chas. K. Latham, Sheriff. 


Q. Mr. Duffield, you never did pay the ixill tax, did you?—A. Not at the time 
I I'eceived it. 

(}. Have you ever paid it since?—A. I do not know. 

Q. Would you not have a check—you have not given a check for this 
amount?—A. I did not give a check for that amount; no. 

Q. As a matter of fact, you have never paid that tax receipt?—A. I have 
paid some money out. I would not like to say. 

Q. Mr. Duffield. I will ask you if you do not know that on that identical date 
that is given on that receipt the sheriff was in his home 10 or 12 miles from 
here?—A. I don’t know. 

Q. And you don’t know the date that you came over and made your applica¬ 
tion and got your poll tax. You would not pretend to say that Mr. Tucker is 
not right as to the date?—A. No; I do not think be kn<>ws the exact date. 

Q. You have never examined the paid list turned in by the sheriff as to 
whether you were returned as paid?—A. No. 

Q. Y’^ou never heard Mr. Spicer say that?—A. IMr. Spicer didn’t tell me that. 
It was Dr. Blevins. He told me I was on the paid list. 

Q. That was before you got your receipt Dr. Blevins told you that?—A. I 
could not tell whether it was before or right after—about the same time. 

Recross-examination: 

Q. Mr. Blevins brought you the receipt, did he not?—A. Yes; IMr. Frank 
Blevins. 

Q. Fie told you he paid your poll tax?—A. He told me I was on the i>aid list 
and mv tax was paid. 

(). Tlo you know tlmt they bad a metding for the purpose of paying the. 
various taxes?—A. T was away at that time. I don’t know what they did. I 
know I got my receipt. 

(). And the receipt does not .state whei-e it was paid—whether at the court¬ 
house, or at the sheriff’s, or in West Jeffer.son?—A. It says Jefferson, Ashe 
County. 

Redirect examination: 

Q. You did not list any poll tax?—A. No, sir. 

Recross-examination: 

(). You are sub.iect to poll tax in this county?—A. I thought so. 

Q. They have list takers liere to do business, I believe?—A. Yes. 


H. (\ TUCKER, recalled first time for contestee, testiffed as follows: 

Direct ('xamination by IMr. Fai'.k ; 

(). ]Mr. Tucker, was this conversation you had with IMr. Dullield after or 
before the 1st day of IMay?—A. After the 1st day of IMay. He was away and 
come back, and he was taiking about voting. He said be hadn’t I'sted bis taxes 
and had not pall. T told him he could not vote, and he wanted to know what 
he had to do. T told him what he could do, and I told liim how he could get Ids 
receipt, and it worked like a charm. 




788 


(’AMPBELL YS. DOIJGHTON. 


W'. A. ’\\'IiT(THT, recalled for first time for coJitestee, testilied as follows: 

Direct examiiiatk)n by Mr. Pakk : 

Was this conversation yon had after the 1st day of ^iay, or before?—A. I 
conld not state. It was after the convei'sation fi'ot np o.ver the poll tax in the 
fall. 

Q. Was it after the time for })ayin,i; [rolls had ex'pired?—Yes. 

Q. No (piestion about that?—A. No. 

(h-oss-examination by IMr. Adams: 

Q. '■f'hat is when he jiot his tax yeceipt?—A. Yes. 

(^. The tax rt'ceiitt speaks for itself as to ^^■hen it was paid?—A. Speaks for 
itself when it was dat('d. 

Q. The conlestee jnst now inti’odnced it in evidence, did he not?—A. Yes. 

lledii-ect examination : 

Q. The r(*ceii)t miirht have been ])aid at one time and dated another?—A. 
Certainly. 

Kecross-examination : 

Q. Yon Jnst heard Rob Karr swear that he paid Ito,irer Karr’s tax and he was. 
in Washiiif^ton?—A. I am not statinji' what IMr. Karr swore. 

(’T.TFFOUI) WKAY, recalled first time for contestee, testilied as follows: 

Direct examination by IMr. Park: 

(F ^li‘. Wi-ay, was this conversation that y<ni heard between Mi*. Tucker ami 
Mr. Dntlield about the tax receijit before or after the 1st day of iMay, 1920?— 
A. T think it was about the 1st of .Time, the best T remember. Early in the 
Slimmer after the 1st of IMay. 

(’ross-examination by IMr. Adams: 

Q. Yon do not know when it was jiaid. if it was paid bj* any otlier person?— 
A. No. 

Q. If any otlim* [lerson [laid it and e:ave him a recepit, yon do not know any- 
thin,£^ about it?—A. Only what he said. 

Q. He didn’t say he the receipt swhen he went after it. did he?—A. Ho 
said it worked like a clock. He said he itot his tax receipt, and what iMr. 
'’I'ncker told him worked like a clock. 

Tde got his tax receiiit?—A. Yes. 

» 

W. K. AUSTIN, recalled first time for the contestee, testified as follows: 

Direct examination by IMr. Park : 

(J. Mr. Austin, where were yon on April 29?—A. I went to the home of Charles 
Ti. T>atham, sheriff of Ashe County. 

• Q. Did you find him there?—A. Yes. 

Q. What time did yon get there?—A. About 8 o'clock on April 29. 

i). How long did yon stay?—A. Until about 4 or 5 on April 80. 

Q. Where did yon stay?—A. Stayed at the home of Charles K. Latham. 

Q. Did he leave home any time during that period?—A. Pie did not. 

Did he have the tax books with him for each townshii)?—A. Yes. 

C>. Did yon see them?—A. Plvery one in the comity. 

(). There was no one there to get tax receipts for West .Tetferson?—A. No one 
there at all except .Tohn Potter, from Creston, for himself. 

Cross-examination by IMr. Adams : 

In yonr direct examination yon state that yon were with the sheriff on 
April 29 and 80, 1920. Yon are the first witness that testified in the hearing 
in this comity?—A. Yes. 

(>. Yonr purpose up there was to pay the poll tax of your Democratic friends. 
That is the custom you use in this county by paying the taxes and sending the 
money. How much money did you tender the sheriff, Mr. Austin?—A. I do not 
remember the amount. 

(). Just tendered the amount for all the ones you asked for?—A. I tendered 
the amount for the man I asked for; yes. 

Q. Hmv many jier.sons' poll tax did you pay in this county?—A. I don't 
remember. 

Q. You made an affidavit that you had tendered it for a good many?—A. I 
uiade an affidavit tha* I had paid some and that I tendered for some.' 


CAMPBELL VS. DOUGHTON. 


789 


(^. And sent them out into the oonnty to tlio rejiiistrai'sV—A. A few of them ; 
yes. 

(L 1 l)elieve you testilied y<ni i)aid M'illie Miller's?—A. I tendered for it. 

(y Willie Miller's father came n]t and testified he liad paid it before tliaf'—A. 
The record speaks for itself. I do not fememher. 

(}. Was the sheriff issiiinjj: receipts up there frciin where he live<l at Clifton on 
Ai)ril 29 and 30?—A. Issue<l them on the afternoon of April 29 and 30 until I left. 

(L When did you and the sheriff leave Lansing?—A. It was Clifton. 

(>. Did he leave his home tind come hack with you?^—A. He did not. 

(J. Do you know when he did come hack?—A. I do ndt. 

(}. What time did you leave tliere?—A. Four or 5 o'clock on the afternoon 
of Ain-il 3(K ]920. 

(>. You are positive y<)u left there April 30?—A. Yes. 

(}. Positive you were at the sheriff's on the day of April .30 until 4 of 5 o'clock 
in the afternoon?—A. Yes. 

cy D(> you know what <late the sheriff was at Lansing?—A. He was at 
Lansing iMay L 1920. 

i>. What was his husim'ss down there?—-A. I do not know. 

Q. How many of these allidavits did yon have?—A. I do not remenrher. 

Cy \Vere there sei)arate allidavits for thoSe for whdm you tendered and for 
those you paid on the same list?—A. Yes. 

Kedirect examination: 

(y You were aske<l about tendering money fdr Willii> Miller's tax receipt 
a.ml his father's testifying to having paid it'/—A. I'es. 

(). 1 believe you state the sheriff would mft let you examine the hooks. 
You. therefore, had no means of knowing whether Willie iMiller’s tax had been 
I)aid?—A. No. 

Cross-examination by iMr. Adams: 

(y You state in your testimony to paying .some taxes of some people who 
had authorized you to pay their tax. Willie Miller had not authorized you to 
pay his tax?—A. I do not remember. 

.T. D. STAXSBUIIY, witness for the contestee, being duly sworn, testified as 
follows: 

Direct exanrination by iMr. P>owie : 

Q. Mr. Stan.sbury. ai'e you clerk of the court of this ('ounty?—A. Y’es. 

(L Have you the olHcial returns of the sheriff of the i>oll -taxes that were 
])aid in 1919?—A. \"es. 

(}. You are the custodian of that record?—A. Y'es. 

(y Do you have that record with you'?—A. Y"es. 

(}. Please examine that record and .see if IMr F. D. Duflield's name appears 
upon tho.se returned by the sb.eriff to have paid theii- poll tax for 1919 for 
.Jefferson Townshi]), Ashe County?-—A. No, sir. It is not in .Jefferson. 

Q. Please observe and read the sheriff’s oath, Mr. Stansbury: 

J, Charles R. Jaitham, sheriff of Ashe County, do hereby certify to the be.st 
of my information and belief that the list furnislied by me is a tru^^ and 
.accurate statement of poll taxes for the year 1919, paid on or before May 1, 
1920, for Ashe County. 

C. R. I.IATHAM, (Sheriff. 

Sworn to and subscribed before me this 11th day of May, 19'20. 

S. Cx. Parsons. 

Clerk ^uiwrior Court. 

West .Jefferson Township was not formed until after this list had been hied; 
is that right?—A. That is my information. 

Q. At that time the old .Jefferson Township included both West and the pres¬ 
ent .Jefferson Townshii>?—A. I think so. 

(>. So there is no list hied for West Jefferson?—A. No. 

Cro.ss-examillation by Mr. Adams: 

i}. Turn to Chestnut Hill Township. I.,ook for the name of Willie Miller.— 
A. I do not hnd it. 

Q. Peak Creek, look for the name of David Pennington?—A. JJiere is no 
David Pennington. 


790 


CAMPBELL VS. DOUGHTOI^. 


EMORY SPENCETt. witness for tlie rontestee, beinjj duly sworn, testified as 
follows: 

Direct examination l)y IMr. Park : 

Q. ]Mr. Spencer, yon were i*e.iiistrar of elections in Helton Townsliii). Ashe 
Comity, N. C.. for the election of 1020?—A. Yes, sir. 

Q. Did yon take the oath of ofTice before enterin.u' upon tlie duties of snoh 
oflice?—A Yes. 

(}. Did yon attend the pollinji: pia(‘e on Saturday for the purpose of rejris- 
teriiis A’oters. as is required by law?—A. Yes. 

Q.-Did yon apjily the educational test in yonr 1ownshi]i?—A. Very li^bt. 

Q. Please state whether or not, under yonr oath, yon performed the duties 
of registrar and one of tlie members of the election of yonr township in the 
election of 192,0, fairly, justly, and inii>artially to the best of yonr skill and 
ability?—A. T did. 

Q. Did von ai»[)lv the literacy test alike to both Democi'ats and Republicans?— 
A. I did. • ■ • 

Q. Yon had some absentee votes cast at yonr box. did yon?—A. Yes. 

Q. Did any of the tickets incloseil with the certificate from the absentee voter 
have indorsed either on the marmn of the ticket, or on the back of the ticket 
the name of the voter castinjr tliat vote?—A. No; not that I saw. 

Q. Did yon administer the oath to each registrant liefore re.uisterinir them?— 
'A. When I would think of it T would. Sometimes I would wait until after. 

Q. Yon administered the oath to each one resisterinii:?—A. Yes. 

Q. I snpjiose yon were not assaulted. Have yon been indicted, or a warrant 
sworn ont for yon cbaririn.ij yon with crime connected with the election?—A. Yes,, 
sir, 

Q. P>efore whom was that warrant, or by whom was that warrant issued?—A. 
Ce(K Eller. T never knowed it until yesterday. 

Q. In what township?—A. Helton. 

Q. P>efore whom was it made returnable?—A. Floyd P. Phipps. 

Q. What township—A. Grassy Creek. 

(). What is Mr. Eller’s politics?^—A. Republican. 

Q. Phi])ps is a Republican also, is he not?—A. Yes. 

(^. Ry whom were yo\i airested?—A. .Tohnson at Sussex, a constable from 
Grassy Creek. 

Q. Wbat is his politics?—A. Republican. 

Q. Yon have other justices of the peace in yonr township except ^Mr. Eller?— 
A. One more I think. 

Q. How far is !Mr. T*hipi)s’s home from yonrs in Gras.sy Creek?—A. It is some¬ 
thing: like 12 miles to his place. 

(}. When were yon cited to appear befoi-e ]\rr. Phipps?—A. 24th of March, on 
yesterday. 

Q. Did yon appear?—A. Yes. 

Q. Did yon file a written application for the removal of yonr case for trial 
fi'om before IMr. Pbip])s?—A. Yes. 

Q. Was yonr request jrranted?—A. No, 

Q. Why not?—A. He said the other justices in the townshii* were inqilicated 
in this election business, and he wonhl not let it so before tbem. 

Q. Are they witnesses a.sainst yon?—A. No. 

Q. Are they any more implicated than Mr. Phipps?—A. Not that I know of. 

(}. All the other justices ai'e IVmocrats in Grassy Creek Township?—A. Yes. 

Q. The witnesses asainst yon live in Helton Townshihp?—Yes. 

The man issnins the warrant lives in Helton Township?—A. Yes. 

Q. And yon have beim carried abont 12 miles from yonr home in a different 
township to be tried?—A. It was not 12 miles to where I went. Somethins 
like 10 miles. 

Q. I i-eckon yon were not assaulted dnrins the time yon were actins as 
resistra r ?—A. No. 

Q. All of the absentee votes were cast, were they?—A, Yes. 

Q. Each vote had either a certificate, or an affidavit, or a doctor’s certificate 
accompanyiiiir them?—A. There were two who voted that I conld not say abont 
that. There was a fellow came np and said the widow Rlevins was sick and 
asked if .she conld vote. I told him I would see. and I talked to the judges, and 
they said it wonhl be all I'ijiht. and we said we wonld show them a fair test 
as we wanted to treat them riyht. She was a Re])nblican and we permitted her 
to vote, and let hei- pnt the tickets in an envelo]’»e, bnt I do not recollect whether 
there was any certificate or not. 


(’AMPBELL VS. DOUGHTON. 


791 


Q. Tliey voted the Republican ticket without objection on your part?—A. Mr. 
BauffiK'SS asked me if I would let INIr. M’eaver send his vote down, and I asked 
the fellows and they said to put it in the post office, and IMr. Weaver voted, and 
I don’t recollect whether there was any certificate or not? 

Q. No objection on the part of the Democrats?—A. No. 

(''ross-examination by Mr. Adams : 

Q. What township do you live in?—A. Helton. 

(i. How long have you been registrar there?—A. Two years; I have held two 
elections. 

How many absentee votes did you have?—A. I could not tell you. 

Q. M'as there something like 2.5 oi* 30?^—A. I do not rememher. 

Q. How many of them were Democratic?—A. I could not tell you that. I 
thiidv more Democrats than Re])uhlicans. I didn’t pay much attention to it. 

What did you do with the absentee votes and the certificates?—A. I took 
them back home with me. I put them in the drawer hut never locked them up. 

Q. What is your majority out there?—A. Not a great sight of difference. It 
runs 1.5 or 20 Republican. 

Q. I believe you applied the literacy test out there?—A. Lightly. 

Q. About how many were turned down by you on the literacy test?—A. I 
turned down eight. Six Democrats and two Republicans, hut they finally fetched 
one Rei)uhlican hack and T i-egistered her. 

Q. You did not apply it strictly in your townshihp?—A. No. I registered lots 
that could barely read and write. I was easy. 

Q. You used the literacy te.^t, hut not stricdly ?—A. No. 

C. 51. DIXON, witness for the contestee, being duly sworn testified as follows: 

Direct examination by 5Ir. Bowie : 

Q. Mr. Dixon, do you know 5Ir. Stewart?—A. Yes. 

Do you know his general chai'acter?—A. Y^es. 

What is it?—A. Good. 

(J. D you know .1. A. Pierce, of Grassy (h’eek Township ?^—A, Yes. 

Q. Do j’ou know his general character?—A. Yes. 

Q. What is it?—A. It is good. 

Q. Do you kn<*w Boh 5Iay, of Pine Swamp?—A. Y^es. 

(2. Do you know his general character?—A. I think I do. 

Q. What is it?—A. It is good. 

(}. Do you know A. P. Barker, of Walnut Hill?—A. Yes, 

Q. Do you know his general character?—A. Y>s. 

Q. What is it?—A. It is good. 

Q. Do you know I. N. Hudler, of Chestnut Hill?—A. I do not live right close 
to him. 

Q. Do you know his general character?—A. It is reputed to be good. 

Q. I>o you know A. G. Withei’spoon, of .Teft'erson?—A. I do. 

(}. Do .vou know his general character?—A. Y^es. 

Q. What is it?—A. It is good. 

(}. What position do you hold in Ashe County?—A. County superintendent of 
schools. 

How long have you held that p(»sition?—A. It would have been 10 y^ars in 

July. 


F. D. DUFFIELD, recalled for contestant first time, testified as follows: 

Direct examination by 5Ir. Spicer : 

Q. 5Ir. Diiffield, after 5Ir. Tucker made the statement to you about your tax 
receipt, and you came to .Teft'erson, have you refreshed your memory on that?— 
A. When I came over to Jefferson I met Ylr. Frank Blevins. I asked him about 
the tax receipt, and he said he would get it. 

Q. Did you see me on that trip?—A, Not on that trip. 

Q. Did you ever see me about the tax receipt or mention tax receipt to me 
until after you got it?—A. Not until afterwards. 

Q. In the meantime, before you saw me, Dr. Blevins told you that the tax had 
been paid and that you were on the list?—A. Yes. 

Q. Do you recall what I said to you at the time you asked about the amount 
due on the tax receii)t?—A. Y’'ou told me it was paid, 

Q. That was after you had the receipt?—A. Y^es. 

Q. Frank Blevins brought you the receipt to your home?—A. Yes, sir. 


792 


CAMPBELL VS. DOUGHTON. 


Cross-examination by Mr. Bowie : 

Q. Who (lid Mr. Blevins tell had ,uiven liim the receipt?—A. He said he would 
see Mr. Spicer and would get the receipt. 

Q. He told you that when he brought the receipt to you?—A. Yes. 

(}. As I understand the language used he said : “ Here is the receipt Mr. Spicer 
sent, you.”—A. Yes. 1 asked him how much that was and he said I could tix it 
up later. 

Q. He said, “ Mr. Spicer sent it to you,” did he not?—A. I can not recall. I 
think so. 

Q. You stated that on your direct testimony. Didn’t you understand he got 
it from Mr. Spicer? When you came over you saw Mr. Spicer—when you came 
to see about the tax receipt?—xY The tirst time I didn’t see Mr. Spicer; .saw 
Ml*; Frank Blevins. I came to see Mr. Spicer and Mr. Blevins said he would see 
Mr. Spicer and get me the tax receipt. 

Q. And you had not paid it then?—^A. No. 

Q. And they did not give you the tax receipt then, did they?—A. No. 

Q. As a matter of fact, 1 believe you never have paid it?—A. I don’t think 
I did; no, sir. 

Q. You told Mr. Spicer what your political affiliations were, and Mr. Blevins 
both, when you applied for the poll-tax receipt?—A. I told them I was a Ile- 
publican, but I did not vote a straight Bepublican ticket. 

Q. You told them your affiliation was with the Republican Party, and you 
wanted to vote?—A. I think they knew I was a Republican. 

Q. You told them that at the time?—A. I just can’t recall. 

Q. They understood that?-—xV. Yes. 

Q. You voted the Republican ticket in the main, Mr. Duffield?—xV. I split my 
ticket. 

Q. Do you remeniber how much?—xV. I voted for different ones. 

Q. You voted the national Republican ticket?—A. I voted for Cox for Presi¬ 
dent, because I knew him personally. You voted for Dr. Campbell for Con¬ 
gress?—A. No. 

Q. You didn’t vote for him? Did you vote at all in that election as between 
the congressional candidates?—A. I voted for Dr. Reeves and Jim Rowland. 
The balance was Republican, except Cox. 

Q. When I asked you, you said you did not vote for Dr. Campbell. Did you 
iimlerstand that he was the Republican nominee in this district?—A. I voted 
for Dr. Reeves. 

Q. You voted the Republican congressional ticket?—A. Yes. 

Recross-examination by IMr. Adams: 

Q. You did not see Mr. Spicer when you came for your tax receipt?—A. No; I 
came to see him but saw ]\Ir. Blevins. 

Q. And he told you IMr. Spicer had your tax receipt?—A. I’es. 

Q. And then Mr. Blevins brought it to you?—A. Yes. 

The further taking of testimony in this hearing is reconvened with .T. xV. Row¬ 
land, comnussioner of testimony, acting, and with the attorneys present and 
representing the contestant as stated in the record of yesterday morning, and 
with the contestee and the same attorneys as appears of record of yesterday 
morning, on this March 26, 1921, at 10 o’clock a. m. 

Whereas tlie time for contestee in the taking of testimony in this contest 
ends on the 26th day of A])ril, 1921, and whereas the contestant has 10 days 
thereafter to offer testimony in rebuttal, to which contestee has no reply, and 
Avhereas contestant has given a list of the votes cast in Ashe Couny, which 
votes are challenged for nonpayment of poll tax, which contestee assumes to 
be a full and complete list of all votes in x\she County to be challenged for 
the nonpayment of poll tax. 

Therefore, if the contestant intends to challenge any other votes in Ashe 
County for the nonpayment of poll tax, or for any other reason or cause, the 
contestee hereby requests the contestant to furnisli to contestee’s attorneys on 
or before tlie 17th day of xVpril, 1921, a complete list of the names of all addi- 
tional voters whose votes will be challenged for nonpayment of poll tax, or 
other cause, in Ashe County, in order that contestee may offer testimony in 
reply during his period for taking testimony; and notii-e is hereby given to 
contestant that contestee will resist tln^ offering of any Wstiniony by con¬ 
testant in rebuttal relating t(( the challeging of any vote for nonpayment of 
poll tax, or other cause, whose names do not appear on the list already fur- 
iiished by contestant, or to be furnished, as herein stated. 


C’AMPBELL VS. DOUGHTON. 


793 


IJie further tjikiiij? of teBtiinouy by eoutestee in and for Ashe (N)iiiity is con¬ 
tinued by the coininissioner of testimony until Monday, April 25, 1021, at 10 

clock a. in., at which time, and in the court room in the town of Jelferson, 
Ashe County, N. C., the further taking; of testimony will be resumed. 

Distkict of Columiua, Citu of Washimjton: 

1. Fan liarnett, steno,i;rai)her in the above hearing:, beinj? duly sworn as 
stenograi)her for said heai-iii^, depose and upon oath state that the above is a 
true and correct cojiy and Transcript of the evidence produced before me to 
the best of my knowledge and ability as stenographer, and included with said 
transcri])ts are all exhibits i)laced in my custody. 

This the 9th day of ^lay, 3921. 

Fan Harnett. 

Sworn to and subscribed before me this the 9th day of INIay, 1921. 

[SEAL.] Wayne W. Cordell, 

Xatari/ 

My commission expires th(‘ 0th day of August, 1924. 

North Carolina, AfiJie Count}/: 

We, H. C. Tucker and .1. A. Roland, notaries public for and in the county of 
Ashe, as commissioners of testimony in the hearing of .lames 1. Campbell, 
contestant, and Robert L. Doiighton. contestee, do hereby certify that the 
above traiiscrijit of the evidence by Fan Harnett, as stenographer, is a true 
jind coriT'ct copy of evidence })roduced before us as commissioners of testimony, 

[seal.J H. C. Tttcker, 

Notary ruhlic. 

My commission expires tlj^ 20th day of March, 1923. 

[SEAL.I .1. A. Roland, 

Notary ruhlic. 

My commission expii’es the 2Gth day of March, 1923. 

Pursuant to a continuance of the taking of testimony made at the former tak¬ 
ing of testimony by the contestee on March 20, 1921, and pursuant to a notice 
issued by contestee to contestant, this hearing is opened at the hour of 10 o'clock 
a. m., in the'court room in the courthouse of Ashe County, in Jefferson, N. C,, 
on this April 25, 1921, with .f. A. Roland, a notary public in and for Ashe 
('onnty, N. C., duly commissioned by the governor of the State of North 
('arolina, whose commission expires on March 26, 1923, as commissioner of 
testimony. 

Present on the part of the contestant, James I. Campbell, and representing 
the said James I. Campl)ell, his attorne.y, C. H. Spicer. And present on the 
part of the contestant, Robert L. Doughton, contestee, in person and repre¬ 
sented by T. C. Howie, and C. L. Park, attorneys, and as stenographer. Miss 
Fnsa Perkins, who, being by the (*ommissioner duly sworn to take the evidence 
and a correct transcript make and return of the evidence taken in this hearing. 

li. S. VANNOY. a witness foi- contestee. of lawful age, who, being tirsf duly 
sworn to speak the truth, testified as follows; 

Direct examination by G. H. Park : 

Q. Mr. Vannoy, you live in what townshii)?—A. Pine Swamp. 

Q. In Ashe County?—A, Yes, sir. 

Q. Were you present cm November 2d at the election for 1920 at the polling 
place of your township?—A. Yes, sir. 

Q. Did It. H. Hardin vote in that election in your township?—A. No, sir. 

Q. He votes in Old Fields?—A. Yes, sir. 

Q. At the time of the election where was IMr. Hardin living?—A. Why, I 
understand he made his home in Abingdon, Va. 

(Contestant objects to any understanding the witness may have; recpiests 
that he testify to any knowh'dge that he may have, but objects to any under¬ 
standing.) 

Q. What, if anything, did you hear 2^1r. Hardin say about his residence?— 
A. I heard him swear here on the stand that his home was in Abingdon, Va. 

Q. How long prior or befoi’e election?—A. In July. 

Q. Before the election in November?—A. Y'es, sir. 


794 


CAMPBELL VS. DOUGHTON. 


Q, Why or in what action did ISIr. Hardin testify that his home was in 
Abingdon, Va.?—A. I don’t remember as to that. 

Q, What actionV—A. In a suit that 1 liad with him; me and Mr. Ben Phillips,. 
or in the J. L. Bowen suit. 

Q. In that suit of J. L. Bowen R. H. Hardin was one of the defendants?— 
A. Yes, sir. 

Q. Is Mr. Hardin a married man or a single man?—A. IMarried man. 

Q. Where does his family reside?—A. Abingdon, Va. 

Q. Where were they residing at the time of the election?—A. Abingdon. 

Q. State whether or not Mrs. R. H. Hardin ever resided in Ashe County, 
and if so when and how long.—A. She stayed there at Bowie something like 
two or three months. 

Q. When was that?—A. Last summer a year ago. 

Q. Summer of 1919?—A. Yes, sir. 

Q. Has she ever resided in Ashe County as much as six months?—A. I don’t 
think so. 

Q. Do you know where she was before she came to Ashe County in the 
summer of 1919?—A. Why, my understanding she came from Wilkes or down 
in the State of Texas. I don’t know how long she had been in Wilkes, hut came 
from Wilkes over to Ashe. 

Q. Do you know Lloyd Stansberry?—A. Yes, sir. 

Q. Did he vote in the election of 1920?—A. Yes, sir. 

Q. Where has he been for the past-A. He hasn’t been seen around in my 

country for a good while. Been warrants for him and he claimed to be gone. 

Q. Where was he reputed to be?—A. Claimed to be out of the State. 

Q. Where has he been since?—A. Gone again. 

Q. How long did he remain in the State?—A. I couldn’t tell you. The last 

account I had of him and - daughter said to he in Wautauga, left the 

State. He sued his wife and got a divorce from her and I understand that 
he is gone with Rose. 

(Contestant objects to the report about the understanding about the residence- 
of any person.) 

I haven’t seen him since the election or six months before that that I know' oL 

Q. Was he or not or had he been a refugee from this county prior to the 
election?—A. That w'as the report, that there was w'arrants for him for 
retailing liquor. 

(Contestant objects to the reports.) 

Cross-examination by C. B. Spicer : 

Q. Stokes, you don’t know wdiether Lloyd Stansberry had been here or not 
you didn’t hear him around up there about your place?—A. No, sir. 

Q. So you don’t knoAv w'hether he was up there or not?—A. I did know it 
was reported they had warrants for him and I live in the same tOAvnship. 

Q. You W'ouldn’t sw'ear that he wasn’t in that township all the time?—A. I 
couldn’t that he wasn’t laying out. 

Q. Had you been to his home?—A. I passed it very often and know about 
there. His home is about one-half or 1 mile from his home. 

Q. You didn’t see him at his home?—A. No, sir. 

(). Across the river from where you passed?—A. Yes, sir. 

Q. You don't know' w'hether lie w'as there or not?—A. He couldn’t have been 
there and his doors closed up. 

Q. R. H. Harding, he has been a resident of this county and been voting- 
here tlie last tw'o or three or four elections?—A. I suppose so. 

Q. His w'ife and family lived at Abingdon at the time of the last election?— 
A. Yes, sir. 

Q. Don't you know' as a fact that he had his w'ife and children over there 
sending his children to school?—A. I saw' his children there, around the depot, 
tw'o or three different times. 

(}. He claims this as his home?—A. He didn’t on the stand. 

Q. You say he swore that w'as his home?—A. Y'es, sir. 

Q. Didn’t he say he W'as living over there?—A. Living in Abingdon. 

(). Didn’t say it was his home?—A. He sw'ore that was his home. 

Q. AVill you swear that he told he made Abingdon his home?—-A. Yes. 

Q. Do you remember anything else he swore on that?—A. He sw'ore lots 
of things. • 

(). Do you remember any other words that he used?—A. I remember that 
mighty distinct. 




CAMPBELL VS. DOUGHTON. 795 

Q. M by do you remember tliat?—A. I hadn’t thought about him considering 
that‘his home until then. 

(}. You are very strong partisan?—A. No, sir. 

Q. lou liave been an officer under Democratic administration in this 
county? A. I was, but I treated all parties fair. I told them if I hurt the 
feelings of a Republican I would offer him $25, and I haven’t got him yet. 

Q. You do work for your party?—A. Sometimes; yes. 

Q. Last election?—A. Some, a little. 

Q. And were interested in the welfare of the party ?—A.'Certainly. 

Q. And are now?—A. Certainly. 

Q. Was interested in the welfare of the contestee in the last election and 
are now?—A. Certainly. 

Redirect examination by G. L. Park : 

Q. You are not interested in the welfare of the contestee any further than 
what was right?—A. Not a bit; no, sir. 

Q. The contestee has never recpiested you to do anything but what was 
right and honorable?—A. Never spoke to me about it in his life. 

,T. L. BOWEN testified as follows : 

Direct examination by G. L. Park : 

Q. Mr. Bowen, at the time of the election of 1920, November 2d, please 
state where you resided or lived.—A. In Old Fields Township about 1 mile 
above Bowie Station. 

Q. Do you know R. H. Hardin?—A. Yes, sir. 

Q. Where did R. H. Hardin live at the time of the election of 1920?—A. 
Well, it was my understanding that his home was in Abingdon, Va. 

(Contestant objects to any understanding the witness may have; he may 
testify to any knowledge he may have.) 

Q. How did you acquire or attain that understanding?—A. On the witness 
stand here when he swore that his home was in Abingdon, Va. 

Q. When was that?—A. In July term of court. 

Q. Of last year?—A. Y'es, sir. 

Q. Was Mr. Hardin a party to that suit?—A. Yes, sir. 

Q. Has he a family?—A. Yes. 

Q. Where was his family on the 2d day of November, 1920?—A. They was 
at Abindgdon, I suppose, I couldn’t swear positively where they was at. 

Q. Did INIr. and Mrs. Hardin vote in the election of 1920 in your town¬ 
ship?—A. I couldn’t tell you whether they did or not. They was challenged 
there on challenge day, and for that reason I thought they didn’t vote, but 
have been informed since that they did. 

Q. Do you know Lloyd Stansberry?—A. I’es, sir. 

Q. Prior to the election of 3920 where was Lloyd Stansberry?—A. I don’t 
know, sir. 

Q. Was he about home?—A. Never seen him. 

Q. How far do you live from him?—A. It’s about 2i miles across the moun 
tain where he lives. It was my understanding that he was gone, that he was 
in the West. 

Q. Did Mrs. R. H. Hardin ever live in Ashe County, and if so, when and 
about how long?—A. She was up there at Bowie, I suppose, about three 
months; might not have been quite that long; might have been a little longer, 
but I don’t think over that. Right about three months. 

Q. Where did she live prior to the time that she came to Ashe County and 
Bowie?—A. Well, it was my information that she was in Texas and Wilkes 
County. 

Q. State whether or not she ever resided as long as six months in Ashe 
County.—A. Not to my knowledge. 

Cross-examination by C. B. Spicer: 

Q. Rich has been here all these years for some 6 or 8 or 10 years, making 
this his residence?—A. Yes, sir. 

Q. And at the time his family was in Abingdon he was in Ashe and out of 
here?—A. Yes, sir. 

O. His father lived at Beavei- (’reek ami be was at bis father's?—A. Yes. sir. 

(}. Was it your understanding his wife was over there sending the children 
to school?— A. He swore bis home was in Abingdon, Va.; that he had his chil¬ 
dren in school there. 


79G 


CAMPBELL VS. DOUGHTON. 


Q. He didn’t swenr that his residence was in Ahin^donV—A. He swore Ids 
home was in Abiiii^don, Va.; I heard him tell on the train that his home w'as 
in Abin.e:don, Va. 

(}. Yon sjiy yon didn't know whethei' he voted ni» there or not?—A. No. sir; I 
doidt know. 

Q. He was livinj; over there in Abin.tjdon?—A. Certainly, he was living; at 
Abingdon. 

(^. But yon don’t know whether his resi<lence was over there or here?—A. I 
don’t know anything but what he swore. 

Q. Bnt a man conld have his home at Ab'ngdon and his residence over 
here?—A. I reckon a man conld have two or three residences. 

Q. And have his citizenshii) in one place and live in aonthei* temporarily, 
conldn’t he'?—A. I wouldn’t suppose that that would be the proper thing, I 
would think a man’s citizenship w^onld lie where his home was. 

(L How many men voted in the absent voter.s’ law in yonr township last 
election?—A. I don’t know. 

Q. How many of them lived out of the State?—A. T don’t know that. 

Q. That the purpose of the absentee law, where a man lives ont of the State 
temporarily that he can .semi his ticket back here and vote, legal residence?— 
A. That’s my understanding. 

Q. Yon don't know where he stated his legal residence?—A. liOriks to me 
like it would be where he stvore his borne was. 

Redirect examination by O. L. Park: 

Q. Mr. Bowen, yon are Republican in principle?—A. Well, T always voted the 
Republican ticket principally. I have voted for a few Democrats. 

.r. E. .JOHNSON testified as follows: 

Direct examination by G. I.. Park : 

Q. iMr. .Johnson, where were yon living at the time of the election of 1920 on 
February the 2d‘?—A. In Old Fields Township. 

Q. And still reside there?—A. Yes, sir. 

Q. Did IL H. Hardin vote at the election?—Q. I don’t know; T wasn't there. 

Q. Where was R. H. Hai’din and his family residing at the time of the elec¬ 
tion in J920?—A. They was supposed to live in Abingdon, Va. 

Q. State what you heard It. H. Hardin say with reference to his residence or 
home.—A. Well, he Said on the stand, or swore on the stand in .July term 1920 
that his home was in Abingdon. 

(y Mr. Hardin has a wife and children'?—A. Yes, sir. 

(}. Yon know where they were at the time of the election?—A. They was 
supposed to be in Abingdon. 

i}. How long had Mrs. Hardin, if ever, lived in Ashe County, and if .she had 
lived in Ashe (’ounty, when?—A. To my knowledge she lived at Bowie about 
three months, I tldnk, best of my knowledge. 

(2. M’hen was that’/—A. 1919. 

Q. When did R. H. Jlai'din and family go to Abingdon, Va., to live?—A. Well, 
she left along about somewhere from thelsr to the Idtb of .September, 1919; I 
didn’t know whether slie went d'rect to Abingdon, Imt the tirst I heard of her 
after that Rich told me she was theiH'. 

(L You mean Mr. R. H. Hardin told yon'.'-—A. Yes, sir. 

Q. J)o you know Lloyd Stansberry?—A. Yes, sir. 

Q. How far do you live from where his home once was?—A. About 1 mile. 

(). Prior to the election of 1920 wlnu’e was he?—A. Sipiposed to be in the 
M'est. 

(('ontestant objects to whei-e he was sui)i»osed to be. Witness can testify any 
knowledge that he has about his residence or his whereabouts.) 

(}. Do you know of any i-eason why lu‘ was away out of the State?—A. There 
was some warrants for him. 

(J. Yon mean bills of indictment in the c(nirt?—A. Yes; for selling liquor. 

Q. And tlmt he was ont of the country in order to evade the ])rocess of the 
law'?—A. Yes; that what the neighbors said around there. I haven’t seen 
him for six or eight months. 

Q. What is his jiolitics or political afliliation?—A. He’s Reimblican. 

Cross-examination l>y C. B. Scu’er: 

Q. You don’t know where he was’?—A. Not a thing. 

(>. He had a home up there?—A. Y('s, sir; he don’t do anything about it, 
though. 


C'A.MPBHLL VS. DOUGHTON. 


797 


Q. 

(>. 

Q. 

Q. 

Q. 

(i. 


Did you stay at bis lioiiie?—A. No, sir. 

I>i(l you live ill syiht of themV—A. No, sir; I passed there very often, 
flow many times a week?—A. Sometimes two or three times. 

\ou nevei- did see him when you pas.sed there?—A. No, sir. 

And tliat is all you know about it?—A. Yes, s|r. 

K. H. Hardin, it was 191S or 1020 tliat liis wife wept to Abingdon?—A. I 


reckon in 1919. 


Q. Been ovei- there three years?—A. No. 

She went there in September before the election?—A. In 1919 
She went thei-e in September?—A. Yes, sir. 

Q. Schools been opening about September?—A. Yes, sir; I suppo.se so. 

(>. Kicli swore that he was living oyer there, and his wife, sending the 
children to school?—A. I didn’t hear him say anything about that. I have 
heard him say tliat his children was there in school. 

Q. You haven't got very excellent school facilities at Bowie?—A. No, sir. 


Redirect examination by (}. L. Bark : 

Q. Mr. .Johnson, during the vacation of the school Mrs. and iVIr. Hardin and 
'the children came back to Asbe?—A. No, sir. 


Recross-exaniination by C..B. SeicEK : 

(i- Do you know wliether they came back to his father's or not?—A. I have 
never heard of it. 

Q. He sold out his farm at Bowie':'—A. Yes, sir. 

And he has a father living at Beaver Creek?—A. Yes, sir. 

(J. And when he is in Ashe stays at his father’s'?—A. Bart of tlie time, I think, 
(i- You live about 10 miles from Beaver Creek, where his father lives?—A. 
About 8 miles, 

(2. You weren't at Beaver (’reek at his father's during the vacation?—A. No, 
sir. 

(i. You don't know whether she was there or not?—A. No, sir. 


IKE iMEDLEY testitied as follows; 

D.rect examination by G. L. Bark; 

C^. Did yon vote in the election of 1918'?—A, Yes, sii*. 

((’ontestant objects to the election of 1918. Not trying the election of 1918, but 
the election of 1920.) 

ij. When you tirst went to vote did they let you vote the tirst time?—A. No, 
sir; they challenged me. 

Cj. Upon what grounds?—A. Hadn't paid my poll tax. 

(}. Had you paid it?—A. No, sir; 1 didn’t pay it. 

Q. Did you vote later in the day?—A. In the evening. 

(^. How came you to vote?—A. 1 walked oft, and iMr. 8picer tliere took me 
oft somewheres and told me he would tix for me to vote, and he give me a 
ticket and said it was my tax receipt, and lixed my ticket, and 1 came back 
with him and voted. 

When you come l)ack to vote did you present your tax-receipt ticket to 
the judges?—A. He asked me if 1 had it, and lie said lets see it, and I went 
to laill it out, and he said that was all right. 

Q. If you had voted in the morning what ticket did you vote?—A. Democrat, 
I\think, 

Q. And how did you vote?—A. I thought in the evening I was voting the 
Democratic ticket; it tui’iied out I was voting the Republican ticket. 

(^ Who did you sa.v fixed that ticket for you?—A. IMr. Spicer lixed it for me. 

Q. It’s been suggested by IMr. Spicer that somebody procured you to make this 
statement. Has anybody done this?—A. No, sir. 

Q. I or Mr. Doughton speak to you about it?—A. No, sir. The talk got out. 
and they says, “ Ike, you went back on a good friend,” and I said, “ Why, I 
didn’t.” ‘ 

Q. They told you that you had; you told them if you did you didn’t know 
you voteii that kind of ticket?—A. Yes, sir. They tried me again. 

Q. Who was it that challenged you; do you remember which party it was?— 
A. No, sir. I couldn’t tell. 

Cross-examination by O. B, Spicer: 

Q. Who did you talk to about this before you come up here?—A. I didn’t 
have no talk; only just talking about challenging. 


798 


CAMPBELL VS. DOUGHTON. 


Q. To-day, I say.—A. Mr. Park, I named it to liim and was telling him they 
challenged me. 

Q. Who did yon talk to before you talked to Mr. Park about it?—A. No, sir. 

(}. When was you and Mr. Park talking about it?—A. To-day. 

Q. Down at his office?—A. Yes, sir. 

Q. How come you to go in to talk to Mr. Park about it?—A. Suinnions at my 
house yesterday, and I didn’t know the meaning of it. 

Q. How come you to go to Mr. Park?—A. I always go to a good friend. He 
happened to be the first one I struck. 

Q. You struck him at his office?—A. I first struck Dr. Colvard. He told me 
to go on to Mr. Park. 

Q. Did you talk to Dr. Colvard any about this?—A. Yes, sir. 

Q. AVhat did he tell you?—A. He said Mr. Park would tell me what I was 
summoned on. 

Q. Who else did you talk to before Dr. Colvard about it?—A. No other one. 

Q. Never did mention it to anybody until you got here this morning?—A. No. 
Well I took my summons on down to Callie Poe and got her to read it. 

Q. How come them to summons you?—A. I don’t know. 

Q. Did you tell Mr. Park down in his office what you were going to swear?— 
A. No. 


Q. Did you tell Dr. Colvard?—A. No, sir. 

Q. They didn’t know what you was going to swear about before they put 
you on the stand?—A. They was naming it to me—what I was brought up 
here for—Mr. Park. 

Q. What did he tell you?—A. That it was about challenging. 

Q. What about challenging?—A. The time that I was challenged. 

Q. When were you challenged?—A. I forget. I got no recollection. I couldn’t 
state. 

Q. In 1915?—A. I don’t recollect. 

Q. How old are you?—A. Fifty-four. 

(^. And that in 1918 I believe .vou said?—A. I didn’t say. I couldn’t recollect. 

Q. You were 50 in 1918?—A. Yes, sir. I didn’t have to have a tax receipt. 

Q. Didn’t you tell them that you didn’t have to have a tax receipt?—A. Y'es; 
I told them that. 

Q. And you thought you were voting the Democratic ticket?—A. Only what 
my friends said. 

Q. Where did you get your ticket?—A. You give it to me. 

Q. Who talked to you about it? Who got you to swear this?—A. Nobody, sir. 
I was pulled here. I didn’t have time to come here and talk it. 

Q. MTiere did you see Dr. Colvard this morning?—A. He was sitting down 
here l)y the walk right above Mr. Worths. 

0. Did he ask you about being challenged?—A. No; he didn’t ask me. 

(}. Did he ask you where you were going?—A. Yes. 

Q. What did you tell him?—A. No; he didn’t ask me; I says, “ Doctor, what 
is going to be doing here in town to-day? They got me drawed up here.” He 
says, they were going to put me in jail and told me to go into Mr. Parks and 
he would tell me what they had me drawed up here for. 

Q. Who told you they were going to put you in jail?—A. Dr. Colvard. 

Q. What did they tell you they were going to put you in jail about?—A. He 
didn’t tell me. 

Q. You went then, to see Mr. Park?—A. Yes, sir. 

Q. What was the first question INIr. Park asked you?—A. I forget now. 

Q. Did he ask you if you voted in 1918?—A. I forget wiiether he did or not 

Q. I>id he ask you how you voted in 1918?—A. Yes, sir. 

Q. He told you you voted Republican?—A. Several told me that. 

Q. Mr. Park told you that you voted Republican?—A. Yes, sir. 

Q. Told you that if you didn’t testify they would i)ut vou in iail?_A No 

sir; he didn’t tell me that. ‘ ’ • - • - » 

Q. Dr. Colvard didn’t mention it to you about voting in 1918?—A. No sir • 
be^ didn’t mention about the votes. Said it was something about the election' 
I forget how it was. ’ 

Q. Mr. Park told you you were a witness up here did he?—A. No - he dhln’t 
say anything about a witness. ’ 


Q. He didn’t tell you even to come up here?—A. I asked him and he ex¬ 
plained It, what it was for. ^ 

even to come up here?—A. No. Said the hour would be 
at 10 o’clock we would meet. 


CAMPBELL VS. DOUGHTOK. 


799 


Redirect examination by T. C. Bowie: 

Q. Now, yon told Mr. Park tlie same story that yon told here?—A. Yes, sir. 

Q. Exactly the way yon detailed it here?—A. Yes, sir. 

(). Mr. Park asked yon how it was and you told him?—A. Y"es, sir. 

Q. And the folks told yon that yon voted the Republican ticket, so the folks 
that told yon did so .just after yon voted at the election lOlS?—A. It was 
throwed in my face before I got away from town, that I had gone back on my 
friends. 

Q. Did Mr. Ihirk or anybody else tell you how to swear in this matter?—A. 
No. sir. 

Q. And you swear exactly what happened?—A. I'es, sir; to the best of my 
knowledge. 

Q. Did Dr. Colvard tell you to swear anything wrong or they would put 
you in .lail?—A. No, sir. 

Q. He was .ioking with you about that?—A. Y>s, sir. Told me to go and 
see Mr. I’ark about it. 

LARKIN MULLLS testitied as follows: 

Direct examination by T. C. Bowie: 

Q. Larkin, you voted in 1918?—A. Yes, sir. 

(Contestant ob.jects to any testimony regarding election of 1918 as that is 
not the matter at issue.) 

Q. Were you challenged when you went to vote?—A. Y^es, sir. 

Q. What grounds did they challenge you on?—A. I couldn’t say. 

Q. Anything said about having your poll tax?—A. They asked me if I had 
a poll-tax receipt, and I didn’t. 

Q. Y"ou hadn’t paid your poll tax?—A. No, sir. 

Q. Then what did you do?—A. Mr. Spicer, I went down to his office and he 
.srot me the poll-tax receipt and come back and ^Ir. Quince Duncan said he was 
going to challenge me anyway and iNTr. Rose asked what was they going to 
challenge me for. 

Q. Did you show them the poll-tax receipt?—A. Y'es; Mr. Rose took it and 
looked at it. 

Q. Did you vote then?—A. Y^es, sir. 

Q. How did you vote?—A. Republican ticket. 

Q. Had you paid anj^ poll tax?—A. No, sir. 

Q. The tax you got was the tax for 1917 that Mr. Spicer give you?—A. Y"es, 
sir, 

Q. r)id you pay Frank for the tax?—A. No, sir; I didn’t. Never have 
paid it. 

Cross-examination by C. B. Spicer : 

Q. Y'ou got that tax receipt, Larkin?—A. No; I lost all I had. 

Q. Latham’s signature to it?—A. I reckon so; I couldn’t read it. 

Q. Nothing wrong about it?—A. I guess it was all right. Mr. Rose said 
it was. 

Redirect examination by T. C. Bowie : * 

Q. Y"ou didn’t pay Frank Blevins?—A. No, sir. 

Q. Never has been paid?—A. No, sir. 

\ Q. You voted; that is, without paying the poll tax yourself?—A. I guess I 
did. I got the tax receipt on election day. 

Q. Yet you had been challenged?—A. Y^es, sir. After I got the tax receipt; 
said they was going to challenge me again. 

Recross-examination by C. B. Spicer : 

Q. You don’t know who paid it for you?—A. No, sir; I don’t know who 
paid it. 

Redirect examination by T. C. Bowie ; 

Q. Did Frank Blevins come and try to collect the poll tax out of you?—A. 
YT^s, sir. 

Recross-examination by C. B, Spicer; 

Q. Don’t know whether it was the same tax or not? You don’t know^ whether 
they had two taxes against you by mistake or not?—A. If they did. I don’t 
know nothing about it. 


800 


CAMPBELi: VS. DOUGHTON. 


AI.FKED VAXXOY testified as follows: 

Direct exaininatioii by T. C. Bowie : 

Q. Was you jailei* last year?—A. Yes, sir. 

Of Ashe Comity?—A. Yes, sir. 

(J. What kin is Frank Taylor to you?—A. My soii-in-law. 

Q. Do you reiiieiuher what time it was that Frank wont to West Vir^?inia 
last year?—A. Xo, sir; I don’t. 

Along in February sometime, wasn't it? What time did he get hack in 
1920'?—A. On bust of INIay, or in the 1st of June. 

Q, In 1920?—A. Yes, sir. 

(}. Did you pay his poll tax while he was away?—A. Xh)t for that year. 

Q. Did he tell you when he came hack he had failed to pay his poll tax 
for that year?—A. I don’t I’ecollect now whether he did or didn’t. 

(X Jnst prior to the last election, something like two or three weeks before 
last election-—he votes Democratic ticket and you Iteimhlican ticket?—A. Yes, 
sir. 

Did you go to him and ask him if he would help you some in your ticket 
if you would pay his poll tax for iiiin?—A. AVT was talking about the sheriff, 
(’arson, and JMr. Roark; he said he always liad liked Air. Carson, friend to him, 
and I says to him, couldn’t you help us on them two; said well, he didn’t care. 
Said something about his tax receipt and I told him “ if you got your tax receipt, 
would you help us that much,” and he says ” yes.” I don’t remember what 
time before the election me and Air. Spicer and some more was down in the 
i-egistrar’s office and Air. Spicer give me his tax receipt. 

( ). Along after the 1st day of Alay?—A. A"es; it was after the 1st of Alay. 

Q. Did you go and tell Frank you had it then*?—A. Yes; I told Frank I 
had it. 

And that he could vote the way he had agreed to vote?—A. Y'es. 

Did he do that?—A. I don’t know whether he did or not. He said he did. 
I give him his poll-tax receipt along about Christmas. Had it in my pocket- 
book. 

(}. You know who was attorney for the sheriff at that time. Air. Latham?— 
A. Air. Spicer, I reckon. I don’t know for certain. 

(^. He was chairman of your party then. Air. Spicer?—A. I suppose so. 

(}. A^ou remember whether Air. Spicer was chairman of the Republican execu¬ 
tive committee in the year of 1918*?—A. I suppose so; he has been our chairman 
for some time. 

Q. And attorney for the Republican sheriff?—A. Yes; I think so. 

Cross-examination by C. R. Spicer : 

I 

Q. That receipt, do you remember what date it was'?—A. I think it was <lated 
1920, 30th day of April. I think that was it. 

(h AVas Sheriff Latham’s signature to it?—A. 1 can’t read nor write, I can't 
say whether it was or not. 

Q. AA'hen did you say it was I gave it to you’?—.\. Along l)efore the election 
sometime. I don’t remember exactly when. AVouldn’t be iiositive about that— 
I don’t remember. 

Q. A’ou gave Fraidi his receipt?—-.A. AT‘s, sir; alxmt Christmas I think it was. 

(X Do you know where the receipt is'?—A. Xo. s-ir. 

{.}. It is the custom of both Democrats and Republicans to have meeting and 
pay up their taxes*?—A. I suppose so. 

Q. That has been the custom for several years?—.-V. I think it is; yes, sir. 

Q. You know as a fact that the Repubiicans had a meeting this year and 
paid up the poll tax along about the last of April?—A. Yes, sir. 

(}. That was the regular tax receipt?—A. If looked like it. 

Ci. Had the sheilff’s stamp on it?—A. I think it did. I never paid much at¬ 
tention to it. 

Q. The attorney for the sheriff don’t issue tax receipts f<w him?—A. If he 
does I don’t know it. 

Q. Sheriff keeps his own tax books and his own stamp?—I have seen him 
using the stamp. 

Redirect examination by T. (A Bowie: 

Q. Ab)u say it is the custom for both parties to look out for paying the poll 
taxes for their fellows?—A. I sujipose it is. 

Q. Xot the custom for the Democrats to pay Republicans or Republicans to 
pay Democrats?—A. I don't suppose S(». 


('AMPBELL VS. DOUGHTOX. 


801 


(p Aim! 1^'raiik is 1 democrat?—.\. Yes, sir: claims lo he a democrat and yeti's 
the I >emoerat tieki't. 

(>. 'This is al»()Ut the only Uejiiililicaii tiiket he has votedV— A. I think so. 
Hi* lias tidil me lie wasn't particular in i'ithei-'way. 

(J. As a matter i)f fact yim kept that receipt hai-k till you saw how he diil 
voti'?—He had done tohl me how he ^^■as tfuin/i: to voti* ami I lu'ver .utivt* it 
to him lint 1 up ahoiit ('hristmas. 

(p At this time the sheriff of Ashe ('omity was Itepuhlican sheriffV—A. yt's, 
sir. 

i>. And in IBIS the slu'rilT of Ashe (’ounty was Kir'puhlicanV—A. Yes, sir. 

Kecross examination hy (\ F>. Sru'i'K : 

CT He voted for tin* ciintesti'e, Mr. 1 )imfihtia''?—A. 1 siiiipiise he did. 

If it was an ille.ual vote it was in his favorV—A. 1 sn]»pose so. He said 
he Viited for ^Ir. Hiiark and Mr. ('arsiiii. 

((’ontesti'i* offers allidavit of Frank ''I'aylor whii-h ;s lieri'to attached.) 

Ml’S. EDHTE '^rFKXMHtF testitieil as fidlows: 

Direct examination h>’ T. (’. I>owik: 

(). Mrs. Tiirnmire, were you summom'd as a witni'ss against H. fl. IPir.iri'ss?— 
A. Yi's, sir. 

(}. He was indicted charjitiini' him with fraud in connection with the elei’fon, 
I helievi'. of 1920?—A. Yes. sir. 

(>. Which side summoned you, iiuriress or th.e State?—A. State. 

C». W'ere you ever sworn in the case?—A. No*, sir. 

(}. Did you have any conversation with Mr. Siiicer, chairman of the Retmhli- 
can Party?—A. Yes, sir. 

Tell what hi' said to you and all ahout it.—A. He come to nu* down h.ere 
and said to me- 

(T What da> durin.i: court?—A*. Durin.a ('onrt. Sa,v>! to me. “ How did you find 
out that He.a Kupaess was .troiny: to he at the .schoolhouse? Didn't he write you 
a letter thi’Ou.ah the mail?" and I says “ Xo, s r." And he sa.vs “Won't you ^o 
in thei’e and ■swear that? If you will 1 will ydve you I fold him 1 didn’t 

need $2.5 bad enough to swear a lie. I told Heg Burgess, Bob Caudill, Mary 
(’audill, and Sid Turnmire. 

(P How soon did you tell him about it?—A. d'hat ('veiling when T went home 
and told, and told Heg the next day. 

i}. Did .vou tell Air. Williams—A. Yes. He (‘ome up liy our house and 1 told 
the mail boy and my mother. 

Cross-examination by C. B. Spickk : 

Q. Who summoned you as a witness in that case?—A. I don't know who 
of you. 

(). AVere you hei*e at all this last term of court?—A. I was here one week. 

(p Did you go before the grand .piry?—A. I didn’t; never called me. 

Q. A'ou were a witness?—A. I was. 

(T And a witness for the State?—A. I never went in there, , 

Q. Did they call you?—A. Xo, sir; they didn’t. 

Q. Where were you when you say you had that conversation?—A. Right 
down here in the hall. 

l Q. AVhile court was going on?—A. Yes, sir; I think maybe before it was 
adjourned for 12 o’clock. 

Q. AVho was present?—A. XTobody but me and you. 

Q. Nobody else in the court room?—A. Not right there where we was standing. 

Q. Name one person around.—A, Never looked around. 

(}. Anybody from that Obids country?—A. I never looked to see who was 
there. 

Q. Who were you with just before you talked to me?—A. I don’t know 
who was with me. 

(}. AVas your husband up here?—A. No, sir; I came up by myself. 

Q. Stayed by yourself?—A. No; I was with people. AValked backward and 
forward and went with other people. 

Q. You swear that 1 offeri'd you $25?—A. Yes, boy; I will swear it and will 
swear it again. 

Q. AATio did you tirst talk to about it?—A. I didn’t tell anybody that evening 
till I got home; then I told my husband and my mother. 

570*95—21-51 




h02 


CAMPBELL YS. POITGHTON. 


Q. When was the first time yon toid Mr. Burgess about it?—A. Saturday of 
court. 

Q. The first Saturday of court?—A. Yes. 

Q. Where did you see him?—A. I went to him. 

Q. M'here did you go to him?—A. I met him down here in the hall and I told 
him. 

Q. Why, the grand jury had adjourned then; didn’t you know that the grand 
jury adjourned here on Saturday?—A. No, sir; I don’t know it. 

Q. Who come up here with you?—A. My husband came part of the time. 

Q. Anybody else?—A. No, sir. 

Q. Who was present when you talked to INlr. Burgess about it?—A. My 
husband. 

Q. If he didn’t come but part of the way up here who did come up here 
with you?— a'. It was raining and we come out here to Mr. Alf CalloAvay’s and 
he told me he believed he would stop there and when it quit raining- he 
come on and then I just up and told Mr. Burgess just what he said. 

Q. He was the first man you saw?—A, No; he wasn’t the first one I saw nor 
the first one I told it to. I told it to my husband first. 

Q. Who else do you say you told it to?—A. To my husband and my mother 
first and then the next day I told it to Rob Caudill and to Mary Caudill. 

Q. That was on Sunday?—A. I was not here on Sunday. 

Q. When did you tell it to them?—A. That very evening you had that talk 
to me. 

(y What day was it? How many days had you been up here?—A. This 
was Thursday morning you had this talk to me. Yes. 

Q. What are you shaking so about?—A. I always shake. I am nervous like 
my daddy and not scared at all. 

SID TURNMIRE testified as follows: 

Dk'ect examination by T. C. Bowie; 

Q. You are husband of Eddie Turnmire, the lady just on the stand?—A. Yes, 
sir. 

(y "What did she tell you about this statement?—A. She come to me when I 
down here, I don’t recollect for certain what day it was. but she said that 
Mr. Spicer asked her if Mr. Burgess didn’t write a letter for her to meet him 
down there at the schoolhouse that night to register. 

Q. What did she say she told him?—A. Said she told him he didn’t. 

Q. Then what did she say Mr. Spicer told her?—A. Said Mr. Spicer asked 
her if she wouldn’t swear that he wrote for her to come down there; if she 
would swear that that she would get $25. That’s to the best of my knowledge. 

t Cross-examination l>y C. B. Spicer: 

O. What day you say that was?—A. I don’t recollect, sir, for certain. 

(}. How many days were you here at (*ourt?—A. I believe it was two days. 

(y That the first of the court?—A. I reckon it was about Wednesday and 
Friday or Saturday one. 

(y That was while the grand jury was in session?—A. I just couldn’t say. 

ty How many days did your wife come to court?—A. I thinlj every day that 
week. I think she was here. 

(y Where did she make this statement to you?—A. Down in the hall. 

Q. Who was present when she made the statement?—A. As well as I recol¬ 
lect, it was IMr. Heg Burgess. 

Q. You say she told you I <iffered her $25?—^A. ddiat you said she could get 
$25 if she would swear that. 

(y She was talking to Ylr. Burgess when you got in that morning?—No, 
sir; I don’t recollect that she was. 

Q. Whei-e did you first see her when you came up tliere?—A. I saw her as I 
come in at the door and when I got me some water and she come on; I was 
talking to ]\Ir. Heg. 

Q. "What time of day was that?—A. I reckon it was close about noon. 

(y That was the first time she mentioned it to you?—A. Yes, sir. 

Cy You say that was Friday or Saturday?—A. Yes, sir; as well as I can 
recolle(*t. 

Q. She had been at home that night?—A. Yes, sir. 

Q. And didn’t mention it to you?—A. No, sir. 

cy And she had been at home every night that week?—A. Yes, sir. 

(). And hadn’t mentioned it to you?—A. No, sir. 


CAMPBELL VS. DOUGHTOX. 


803 


Q. Had you been up here any other day?—A. Yes, sir; had been liere one day. 
Q. How did you all come up that day, walk or ride?—A, We walked; got to 
raining and I stopped at Mr. Calloway’s and she came on. 

Q. AVhat time did you get up here?—A. It was close to 12, 

(h Noon recess you saw her and she was talking to you?—A. Right at that 
time, as well as I recollect. 


H. H. BURGESS testified as follows: 


Direct examination by T. C. Bowie: 

Q. You were one of the registrars indicted for fraud in the election?—A. 
Y>s, sir; I supiM>se so. 

(i. The grand .piry found a hill against you?—A. I think not. 

Q. Did you attend court during the first week of the court?—A. Here that 
week. 

Q. Did you have a conversation any time during that week? Do you remem- 
her when the grand jury adjourned?—A. Some Saturday, I thuik; just after 
noon, the best T remember. 

Q. Did you have a conversation with Mrs. Turnmire or she with .vou any 
time during that week about the matter concerning that case?—A. A little 
something said about it. 

Q. What was said about it?—A. I believe I asked her what she was up here 
for, and she first told me she was a witness in a liquor case, and finally told 
me she was summoned up here against me as witness. It must have been 
Saturday, the best I remember; she told me what Mr. Spicer said. 

Q. Wliat did slie say to you about that?—A. The best I remember, that if 
she would go in there and swear tliat I sent or wrote her a letter to come down 
that she would get $25. 

Q. Who was present when she made that statement to you?—A. Her husband, 
the best I remember. I says to her, “ You know that ain’t so, I never .sent you 
any word or wrote you any letter,'’ and she says. “ No; you never.” 


Cross-examination by C. B. Spicer : 


Q. What da.v .vou say that this——A. Saturday, the best I remember. 

Q. You been here that week?—A. Yes, sir. 

Q. Had you seen lier any before that week?—A. I saw her a time or two, 
and we had talked. 

Q. And never laid mentioned it to her?—A, No. 

Q. Mentioned it to her since then?—A. Not till this morning; asked her if 
she was coming uj) here and she said she was. 

Q. How come her to come up and tell .vou that, do you know?—A. I don’t 
know. Her and her hus))and was talking and she come up and went to tell¬ 
ing it. 

Q. She wasn't a witness against you before the magistrate?—A. No, sir. 

Q. She was a witness against you here?—A. I don’t know. 

Q. I don’t, either. Never knew she was a witness myself.—A. I never saw 
her name on the list. 


Redirect examination b.y T. C. Bowii:: ' 

Q. Mr. Spicer was the attorney that prosecute<l you at the magistrate’s 
trial?—A. Yes, sir. 

AVERY WILLIAMS testified at follows: 

Direct examination by T. C. Bowie : 

Q. Avery, you know Mrs. Turnmire?—A. l"es. 

Q. How close do you live to her?—A. About one-fourth mile. 

Q. Did she tell you anything about this statement she has made on the 
stand?—A. Yes, sir. 

Q. Tell when it was and where and what she said.—A. I was hearing this 
report; heard several say she was telling it. I rode up by there—I don’t re¬ 
member just what day it was now. She wjis standing there in the yard and 
I asked her if this report was true, it :.Ir. Spicer told her tliis? She said it 

was. , ^ ■ 

Q. Wliat report was it: what did you say to her?—A. I told her it had been 
reported that Mr. Spicer'had asked her if she Imdn’t got a lettm- or some in¬ 
formation that Mr. Burgess wjis coming up to the sclioolhouse to register and 
if he had told her, asked her if she had got that report. Said that he would 





804 


CAMPBELL VS. DOUGHTON. 


soe that she KOt $20 if slie would swear tlial against Mr. Buri;ess. That’s tlie 
best I remember. 

Q. Slie said tliat was true that Mr. Spicer did- offer her the $25 if she wouhT 
testify?—A. Said he would see that she would jjet it. 

Cross-examination by C. R. Siucek : 

Q. When was that, Avery?—A. T couldn’t tell you, Charley—one day last 
week. 

Q. What’s her ji^eneral character?—You are a Mas(Ui, aren’t .vou?—A. I don’t 
know that I know her general character, whether T do or not. T don’t hear 
much said about women over the country, 

TOM BUUKET testified' as follows: 

Direct examination by G. L. Pakk : 

Tom you were one of the judges of election for the election of 1020?—- 
A. Yes, sir. 

Did Wagoner Bare vote in the election?—A, No, sir. 

Q. Why?—A. Well, they challenged him for nonpayment of judl tax. He 
voted by mail. 

Q. Absentee vote?—A. Y'es, sir. 

(}. Was Wagoner Bare a soldier in the Worhl War?—A. Yes, sir. 

Q. You know Will Howell'?—A. Yes, sir. 

Q. AVhere does he live?—A. In Clinchfield, Va. 

(b Where did he live i)rior to the election of 1920 and aft(U‘wards?— 
A. Clinchfield, Va. 

Q. Where was his family?—A. At Clinchfield. 

Q. How long hatl they been away?—A. They had moved away .January be¬ 
fore the election. I think. 

Q, Has he got anything in this country or did he move everything awa.v?— 
A. I don’t know about anything. 

Q. Did he vote in the election of 1920?—A. Yes. ' 

(b How did he vote?—Ilepublican ticket. 

Q. How long has he been away from the county?—A. He has been away 
something near 18 months. 

(}. Prior to his family moving awa.v where had he been?—A. His individual 
self been away two or three years.. His family been away about 18 months. 

(’ros.s-examination by C. B. Spk'kh : 

Q. Who is Wagoner Bare?—A. Freel Bare’s son. 

Q. Where was he at the time?—A. Bed Jacket, Ya. 

Q. AVho challenged him?—A. I forget; I l)elieve Burgess. 

Q. Had he paid his poll tax?—A. I couldn’t say as to that. 

Q. His name appear on the poll list?—A. I didn’t examine it. 

H. H. BURGESS, recalletl by conte.stee. testified as follows: 

Direct examniation by G, L. Park: 

(}. Mr. Burgess, you were registi-ar of elections for tlie election of 1920 in 
your township—Obids Township?—A. Yes, sir, 

Q. Did Far Bare vote in election of 1920 in your township?—A. Yes, sir. 

Q. How did he vote?—A. Republican. 

Q. Did J. I>. Phillips vote in your townshi]) in election of 1920?:—A. Y^es, sir, 
(}. How did he vote?—A, He vot<Hl Piepublican. 

Q. Did Hardin vote in the election of 1920 in your townshij)?—A. Yes, sir. 

(y How did he vote?—A. Voted Republican. 

(y No. 178, Garvey Barnes, did he vote in the election of 1920?—A. Yes, sir. 

(}. How did he vote?—A. I think he voted, 

Q. No, 189, Heg Crepps?—A. Voted Republican. 

(1. Burt IMarsli, sr„ No. 206, did he vote?—A. Yes, sir. 

(}. How did he vote?—A. Republican mostly. Might have voted one or two- 
Democratic. 

Q. Did he vote for Campbell or Doughton?—A. I think he voted for Campbell 
Q. No. 227, W. R. Phillips?—A. Yes, sir. 

Q How did he vote?—A. He voted Republican. 

Q. Gordon Miller, jr., did he vote No. 154?—A. Yes, sir. 

Q. How did he vote?—A. He voted Republican^ to the best of my knowledge, 
C>. Was he in the late w^ar? Drafted as a soldier?—A. I think he went to the 

tttlUlJS. 


campb^:ll vs. doughton. 


805 


Q. No. 159, Toiiley ]\Iasli?—A. Yes. sir. 

(}. How (lid lie vote?—A. He voted Heimblican. 

Was lie ill the late war?—A. I think he was; in France. T suppose. 

(The votes of Gordon Hiller, jr., and (^onley INIash are not challenged liy coiir 
testee for nonpayment of poll tax, it appearinp: from the evidence that both 
were soldiers in the late war, and it is not the pnrpo.se of contestee to chal- 
lenjre any soldier or sailor in the late World War for the nonpayment of poll 
taxes in Ashe or any other comity in the eif^hth coiierressional di.strict, and if it 
should later apiiear from the evidence that any of the names above mentioned 
or which will he hereafter mentioned Avere soldiers or sailors in the World 
AVar that the contestee will not challeufje the vote of any such soldier or sailor. 
The contestee ajrain reipiests of the contestant or his (’onnsel to know if it is 
the policy or purpose of contestant to challenge the vote of any sailor or soldier 
ill the late AA’orld War for nonpa.vment of poll taxes.) 

Q. Hr. Bnrjxess, state whetlier or not the persons hereinbefore named are 
between the aj 2 :es of 21 and 50 on Alay 1, 1919?—A. T think they are. ]My 
jndj^ment they are. Gall the names and I will see. 

(>. Fare Rare?—A. Twenty-two years old, 5th month, 15th day, 1920. 

Q. He re.ii:’stered at that time?—A. Yes, sir. 

Q. .T. L. Phillips?—A. Twenty-one, 1912. 

(). Hardin Phipps?—A. Twenty-seven, 1917. 

Q. Garvey Barnes?—A. I don’t see it. 

He," Greppes?—A. He isn’t 50: 38, 1919. 

(). Bert Ha.sb, sr. ?—A. Twenty-two, 1904. 

Q. Gan yon safely state that all the names T have called were between the 
ajres of 21 and 50 on ^Hay 1, 1919?—A. Yes, sir; acordin" to the re, 2 :istration 
book. 

Gross-examination by G. B. Spicer: 

Q. Fare Bare seems to have bemi 22 on INlay 15, 1920; yon don’t know whether 
that was his nearest birthday or not?—A. No: I don’t remember. 

0. A^on don't know whether he was 21 on Alay 1, 1919?—A. No, sir: T don’t. 

(Gonnsel representing: the contestee states in open liearinfj that the purpose 
of nientioninjr and specifyinjr the names hereinbefore set out in the record are 
mentioned and specified in order to challen,i"e them for nonpayment of poll, and 
for the further purpose of attacking the sAvorn list filed by the sheriff of Ashe 
Gonnty AAith the clerk of the superior court on or before Vlay 10, 1920, as 
repnired by laAA'. Further statement Avith the exception of all sailors and 
soldiers in the late AYorld AVar.) 

0- Ho yon knoAA’ that all these men Amted Republican, voted for the contest¬ 
ant?—A. That’s my jnd.srment. 

O. Hid yon handle the tickets?—A. I seen most of them. 

Q. Hid yon see all of them?—A. No, sir. 

0. AWn couldn’t say that these yon didn’t see A’oted for the contestee?—A. 
No: of course not. 

O. AA'hich one of that number did yon see vote?—A. Afost. 

O. Hid yon handle their tickets?—A. Not all of them. 

0. Hid yon see the con.in’essional tickets?—A. Heap of them: T did. 

O. Tint yon couldn’t SAA’ear positiA*ely that any one of these A’oted for the con¬ 
testee?—A. I think T could. 

Q. AAdiicb one AA’onld yon sAvear that yon saAv the ti(‘kets of for the con¬ 
testee? — A. T can’t say ri.aht iioaa'. 

Q. AA'onld yon sAA’ear that yon soaa' any of the ticlcets of these men AA'hose 
names Amn have mentioned? —A. T think T did. 

O. AA’hich one?—A. T eness T seen them all but nevcn* naid attention to them. 

Q. Hid yon see all the tickets Amted that day?—A. T th’nk T d‘d. 

O. How do yon knoAv that these are not the very men yon didn’t see vote 
that day? —A. T knoAV hOAv they nsnally A’ote. 

O. They nsnally vote Republican?—A. A>s: my jndjrment they did. 

O. Ts it yonr .indament they didn’t pay their poll taxes by the 1st of Alay?— 
A. T couldn't say about that. 

O. AWn don’t knoAv?—A. T couldn’t say. 

Q. AA^ere any of them challeufred?—A. No; T don't think they Avas. 

O. They all A’oted?—A. No. sii\ 

O. A'on don’t knoAV Avhether they had their tax n^cei])! or not?—A. No; f 
don’t. 

Q. Hid Hoy Lambert present himself to rejrister?—A. T think he did. 


806 


CAMPBELL VS. DOUGHTON. 


Q. He Avas a soldier in the late AA'ar?—A. I don’t think he was. 

Q. Yon refused to rejjister him?—A. I didn't rejrister him. Don’t think he 
AA'as in the AA-ar. 

liedirect examination by (f. L. Park : 

Q. Yon stated under your cros.s-exainination l)y eonnsel for contestant that 
your jnd^'inent is that each one AA’hose names AA’(‘re .i^iA-en in ddvct examin;ition 
A’oted the Republican ticket and for contestant. —A. That’s my judgment. 

Q. NoaA' T AAill ask yon if your Judgment isn't based partly n])on seeing the 
tickets and i)artly fi-om their usual political or i)ai'ty affiliations'r—A. Yes. 'Sir. 

Recross-examination by C. B. Spicer : 

Q. Yon are basing your testimony on your Judgment?—A. That’s my Judg¬ 
ment. 

Q. Not on the facts?—A. To the best of my Judgment. 

A. 1*. BARKER testified as folloAA’s : 

Direct examination by G. !>. Park : 

Q. Mr. Barker, AA’ere yon i-egistrar of elections in your toAAmship, M'alnnt 
Hill, for the election of 1920'?—A. Y^es, sir. 

Q. Did M. E. Rhodes vote in the election of November 2, 1920?—A. Yes, sir; 
the register sIioaa's he did. and the poll book—both. 

Q. Hoav did he vote?— ^A. Republican ticket. 

Q. R. C. Blevins: did he A’ote? —A. That’s AA'hat the report shoAA’s. 

Hoaa' did he A’ote';'- —A. T think he Aoted Republican. 

Q. G. O. BleA'ins? —A. The register shoAvs he voted. 

(^. Wei'e any of these men Avhose names AA'ere called .'soldiers or .sailors In 
the late World War? —A. Soldier. 

Q. Walter Ayers?—A. Yes. sir. 

Q. Hoav did he A'Ote? —A. Republican ticket—soldier in the late Avar. 

Q. (h-eston Blevins?—A. Yes, sir: he voted. 

i}. AVas he in Government service?—A. Yes. sir. 

Q. Was taken to camp, AA’as he. AA’hen drafted'/—A. He Avas di’afted, I think, 

Q. Entered service of the Governim'ut during the World War'?—A. That’s 
my understanding. 

(The contestee states that the A'ote of Hamilton Blevins, AValter Ayers, and 
Gi’eston Blevins is not challeng(^l for nonpayment of poll taxes, the evi<lence 
Ix'ing that they Avere soldiers or in the service of the Ignited States in the late 
World War, and that it is not the purpose to challenge the vote of any .soldier 
or sailor in the AVorld War for nonpayment of poll taxes.) 

Q. AVere these men Avhose names haA’e been called betAA’een the a.ges of 21 and 
r)0 on iMay J, 1919?—A. I think they Avere. 

Ci’oss-examination by G. B. Spicer: 

Q. You ba.se your testimony as to tbe A'oting of these men on the record I 
believe'.'—A. l>s. sir. AA>11, I seen them Aote—most of them. 

Q. AA'hat do you base youi- evidence that they voted for the contestee on?— 
A. Some of them told me they did ; setMiUHl to be very iniudi interested in it— 
told me before the election. 

Q. AA’liich one told you he Avas going to vote for the contestant?—A. Rhodes, 
if 1 ain’t ncstaken, t<»ld me about it, and AA'alter Ayers seemed to be strenuous 
in his politics. 

Q. You don’t remember seeing any one of these tickets?—A. I saAV them 
put in. 

(y The only thing you ba.se your evidence that they A’oted Republican ticket 
is that they usually vote that AA’ay?—A. That’s one reason, of coui'se. 

Q. AA'hat is the other reason?—A. I Just told you that the talk they had before¬ 
hand. esi)ecially Rhodes’s talk and the way T heard Ayers talk some. Hampton 
Blevins’s name had been dropped from the registration book. I don’t think 
they A’oted here since 1912 or 1914, and his fatluu- and brother. tAvo or three, 
came and asked me if I Avould put his name on the registration book; that they 
thought he ought to A’ote. Said he Avas a soldier. 

(}. A'ou didn’t see his ticket AA’hen it came in?—A. I saAV him come and hand it 
to the judges.' 

Q. Didn’t see the congressional ticket?—A. No; but heard him talking about 
it tAA’o or three times during the day. I am satisfied he voted the Republican 
ticket straight through. 


CAMPBELL VS. DOUGHTON. 


807 


Q. You don’t know but what all these men paid their poll taxes?—A. I think 
I do. I think I know Haini)ton Klevins didn't pay his poll tax. His father 
said he didn’t. He said attorney general has ruled that soldiers wouldn't he 
'knocked out of the vote on that account. 

Q. None challenged for ik) 11 taxes?—A. No, sir. 

Uedirect examination hy G. I.. Park ; 

Q. IVIr. Barker, was or ai’e there two ladies known in your township l)y the 
name of IVIary Baker?— A. Tavo Mary Bakers in the township. 

Q. Did both of them vote?—A. No, sir. While one of them voted in person^ 
and the other sent her vote hy mail, something was said about it and I said * 
Mary Baker had done been voted and forgot the other one and just threw it out 
on that ground. 

Q. How would both have voted?—A. Democratic. 

Q. One of the votes was thrown out by mistake?—A. By mistake; yes, sir. 
She was just referred to this time. The only woman 21 years old. Claimed 
to be sick and sent her vote through by the mail. 

Q. At the time you threw it out-A. Thought it was the same one that had 

already voted. ' 

Q. When did you discover you made the mistake?—A. .Tust after we closed 
the polls; got to looking over the registration book. 

J. D. STANSBEllllY testified as follows: 

Direct examination by G. L. Park ; 

Q. You are clei-k of the superior con it of Ashe County?—A. Yes, sir. 

Q. IVhat record have you now in your hands?—A. This is a record of poll 
taxes returned by the sheriff. 

Q. For different years?—A. Yes, sir. 

Q. Does it contain the record of the return made by the sheriff—T.atham— 
of the poll taxes for the year of 1919?—A. Y"es, sir. 

Q. Turn to Obids Township; what day did Sheriff Latham make return of his 
list of paid polls?—A. On the 11th day of Ylay, 1920. 

Q. Turn to list for Obids Township for the year 1919 and see if you tind 
the name of Fare Bare?—A. No. sir. 

Q. See if you tind the name of J. L. Phillips.—A. No, sir. 

Q. Hardin I’hipps?—A. No, sir. 

Q. Garney Barnes?—A. There is one Govney Barnes. 

Q. Heggy Crepps?—A. No, sir. 

(j. See if you find the initial of W. M. Cre])ps?—A. Yes, sir. 

(The contestee withdraws challenge to Heg Crepps, he being the same man 
as M'. H. Crepps and whose name appears on the paid poll list.) 

Q. Bert Mash, sr. ?—A. Nary Bert. 

Q. W. R, Phillips or Romulus Phillips?—A. There is Rom. 

(The contestee withdraws the challenge as to Rom Phillips for the I’eason 
that W. R. and Rom Phillips is the same person.) 

Q. See if you find the name of Lovell Phillips. .1. L.—A. I'es, sir, 

(The contestee withdraws the challenge to the vote of J. L. Phillips for the 
reason that J. L. and Lovell Phillips is one and the same person.) 

(}. Turn to the recoord of Walnut Hill Township; see if yon had the name of 
M. E, Rhodes on it, paid poll list.—A. No. sir. 

Q. See if you find the name of R. C. Blevins on the paid poll list.—A. Don’t 
find R. C. ' 

Q, See if you find the name of G. C. Blevins—A. No, sir. 

Q. Turn to the list for Horse Creek Township; .see if yon iiml the name of 
Victor Greer.—A. No, sir. 

Q. James Campbell.—A. No, sir. 

(j. Ham Bard.—A. No, sir. 

Q. Lide Carpenter.—A. No, sir. 

Q. Arthur Eller?—A, No, sir. 

Q, Conley Thompson.—A. No, sir. 

Q. Carl Blevins.—A. No, sir. 

Q. Charley Eldreth.—A. No, sir. 

Q. Mr. Stansberry, what book is that that yon now have?—A. I’oll books for 
Horse Creek Township. 

Q. You lived in Horse Creek Township at the time of the election of 1929?— 
A. Y’^es, sir. 



-808 


CAMPBKLT. VS. DOUdHTON. 


Q. See if you iiiul the name of A’ictor (dreer on the poll hook. 

(Attorney for the contestant objects to the witness referrinjr to recor<l- 

to the witness unless the witness testifies that it is a rcK'ord *)f his oilice.) 

A. His name is on liere. 

Q. ^^’hat record is that you haveV—A. Marked “ Poll hook for Horse (Ji-eek 
Township.” 

Q. Have you seen that book in the refristers office?—A. Yes, sii-; ijrot it in 
there to-day. 

Q. You know that is the poll book for Horse Creek Townshij) for the eh*c- 
• tion of 1920?—A. The one I got in there to-day; yes. 

Q. Have you examined the book for all the names I called ovei’ to you?—-A. 
Yes, sir. 

Q. Their names all appear on that poll book?—A. Yes, sir. 

Q. How did Victor Greer vote?—A. I just don't know, except iiiformation. 

Q. You know his politics?—A. He’s Itepuhlican, 

Q. IVliat is the politics of .Tames Campbell?—A. Republican. 

Q. Wliat is the politics of Lide Campbell?—A. Republican. 

Q. What’s the politics of Arthur Hller?—A. l>on't know. 

(}. (’onley Thompson?—A. Republican. 

Q. Carl Blevins?—A. Republican. 

Q. ('barley Eldreth?—A. My information is that he voted Republican this 
time. 

Q. Charlie Eldreth was a soldier?—A. That’s my information. 

(Contestee does not make any challenge to the vote of Charley Ehlreth for 
the reason that he was a soldier in the late World War.) 

Q. None of the remainder of these were soldiers'?—A. I have understood 
that Lyde Carpenter was in the Army. 

(The contestee does not contest the vote of Charley Eldj-eth or Lyde Car- 
l)enter for the reason that they were soldiers in the World War.) 

Cross-examination by C. B. Spicer : 

Q. You are clerk of the superior court?—A. Yes, sir. 

Q. You got that poll book from the register of (leeds’ office'.’’—A. Yes, sir. 

(i. The only information that jtju have about these men voting is what you 
get from the poll hook?—A. Well, T was told that some of them voted Re¬ 
publican. 

Q. You don’t know whether that is the authentic poll hook for that year?— 
A, No, sir. 

Q. You are not the custodian of that poll hook?—A. No. sir. 

Q. You don’t know how they voted except their usual method of voting?— 
A. The judge told me about some of them voting. 

Q. Hid the judge tell you they voted for the conte.stant'?—A. He said they 
voted straight Republican ticket. 

Q. You don’t know but what they all paid their poll tax?—A. No. 

Q. Isn’t .James and J. E. Campbell the same person?—A. Yes. sir. 

Q. I.ook and see if you find .T. E. Campbell on there.—A. No, sir; isn’t on 
there. 

Q. Do you know that Victor Greer was old enough to pay a poll—A. No. sir. 

Q. Do you know that he was 21 about 1920'?—A. No, sir; don’t know a thing 
about his age. 

Q. Arthur Eller, you don’t know how he voted?—A. No; I don't know. I 
didn’t think that Carl Blevins was old enough. 

(The record shows that he is not.) 

Q. Look and see if you find Curt Blevins on Walnut Hill.—A. There is a 
Curtis R. Blevins. 

Q. That’s the same man. Look and see if you find him.—A. Curtis R.; yes, sir. 

Q. Do you find Gaither Blevins?—A. No; I don’t find him. 

Redirect examination by G. L. Park : 

Q. All of the names except the ones you have mentioned, in your knowledge 
on ]\Iay the 1st, 1919, between the ages of 21 and 50?—A. Yes; I tiiink all them in 
Horse Creek is. I don’t know the age of Victor Greei-; he might have come of 
age; I don’t know. 

Recross examination by C. B. Spicer: 

Q. Who is Ham Bard?—A. I don’t know him. 

Q. Is there a Bard in that township?—A. Not that T know of. 

Q. How did Ham Bard vote, do you know?—A. Don’t know. 



CAMPBELL VS. DOULHTOX. 


809 


W. E. GENTRY testified as follows: 

Direct examination by G. L. Pauk : 

Q. You live in Jeft’ersron Township?—A. Yes, sir, 

Q. You know Frank Taylor?—A. Yes. sir. 

Q. Wbat conversation did you have witli Frank Taylor with reference to vot- 
injc and his poll tax during the year of 1920?—A. Fie told me he hadn’t laiid Ids 
poll tax, and I asked him if he had got his poll tax receipt. Said, “ No.” Said. 
“ I reckon T can’t vote.” I says that <le])ends on how you are going to vote and 
he said, “ AVell, what am I going to do about it.” and I told him to go <lown and 
see Mr. Yannoy and get him to go with him to Mr. Si)icer. and 1 thought he 
would get his poll-tax receii)t, and he told me later on that it worked all right; 
that he got his poll-tax receipt. 

Q. Mdien was this conversation that you mention?—A. T don’t remember the 
date, but just a little bit befoi-e the election. 

(}. After the 1st of May?—A. Yes, sir; after the 1st of May. 

Q. Mr. Vannoy referred to is Alfred FI. Vannoy, former jailor?—A. Yes, sir. 
Taylor’s father-in-law. 

Cross-examination by W. R. Bai’guess : 

Q, You don't know whether he got his receipt or not?—A. He told me he di<l. 
Says it worked all right. 

Q, 'When did he tell you that?—A. A short while before he voted we had this 
conversation, 

Q. Didn’t show you any receipt?—A. No, sir. He voted. 

Q. You know how he voted?—A, No, sir; I do not. 

Q. You don’t know whether or not his poll was paid before the 1st of Ma.v?— 
A. He told me it wasn’t. , 

Q. You don’t know that somebody else hadn’t paid it?—A. No, sir; I do not; 
but Republicans don’t generally pay a Democratic poll tax. 

(Exhibit “ H ” of Ashe County, which is hereto attached, affidavit of Frank 
Taylor., is introduced :) 

Noirrii (’akot.ina, Ashe Cotniiii. 

Frmdc 'Tayloi’, being dul.v swoi'n, says that dining the yoar 1920 he left Ashe 
(’onnty and went to West Vii’ginia and remained there until the middle or 
hitter part of May, 192(L that he is a dtizen and voter of Ashe County, N. C.. 
and that he had not paid his ])olI tax inlor to the Lst day of IMay, 1920; tiiat 
shortl.v before the eh‘Ction of 1920 this affiant’s fathei‘-in-law, A. H. Vanno.v, 
V ho is a Republican, and who was at that time keeping the jail of Ashe County, 
lold this afliant that if he would vote i>art of the Republican ticket, namely, for 
the sheilff and i-egistin- of deiMls of said county and some other State Republican 
officer, as this affiant remembers, that he thought he could arrange for this 
affiant to get his i)o]l-tax receii't so that he could vote; that he, the said A. H. 
Vannoy, would see (’. H. Spicm-, who was then chairman of the Republican ex- 
('cutive committee, and that he thought the said C. R. Spicer could get a poll- 
tax receiid for him; that this affiant thereu])on i)romised to vote part of the 
Republican ticket if he could get his ])oll-tax receipt; that some time after this 
fhe said A. H. Minnoy informed this afliant that he could go ahead and vote; 
that this affiant did vote in said election and did vote according to his promise, 
and tiiaf within about Id days after rhe election the said A. H. Vannoy gave 
this atiiant his ixll-tax receipt, which is attached to this affidavit and made a 
part tIk i‘eof: that some time during the month (»f F’ebruary. 1921, C. R. Spicer 
calhd fliis atiiant in ids office and asked this affiant about the iioll-tax nmeipt 
ui^on whicii he voted ami where he got it, whereui’ion this atiiant replied to 
(’. I‘>. Si>icer. ” I'ou know as much about it as 1 do, as it is my information you 
got the ]-eceipt for me.” and told the said R. Spicer that A. IT. Vannoy iiad 
told this affiant that G. R. Spicei- denied it. but afterwards said that if he 
did get tlu' receijit <ir pay it he did so on the 1st day of ]\fay. when he had 
paid rhi' poll tax of some other parties; that on the same day .\. H. Vannoy told 
this affiant that G. F?. Spicer came to him and denied getting rhe poll-tax recei])t 
for this affiant, and the said A. H. Vannoy told this affiant that G. R. Si>icer must 
he crazy, as lu', tlu' said G. R. S])i(‘er. did get tlu' i)oll-ta\ receipt for this afiiant, 
and the said A. H. Vannoy deli^'er('d sa'd };oll-tax nx-eiirt to this .affiant. 

I’liAXi-: TAYLOii, AlJiant. 

Subscribed and sworn to befoi’e me this the 8th day*of April, 1921. 

J. D, Stanshkuuy. 

Clerk, Superior Court, 


810 


CAMPBELL VS. DOUGHTON. 


(Tlio contestant objects to the introduction of the foregoinjr aftidavit of 
Frank Taylor for tlie reason that the same was clandestinely taken, and reports 
being present and presiding, and the contestant, James I. Campbell, being repre- 
Ashe County, and no notice was given to the attorneys representing the con¬ 
testant to cross-examine the witness or no notice even that the affidavit was 
being taken from him. The witness, Frank Taylor, was in the town of Jefferson 
on the 8th day of April, as shown by the affidavit, and left soon thereafter. 
Attorney representing the contestant states in open hearing that it is not his 
opinion that Frank Taylor would swear to the facts set forth in this affidavit 
in toto were he present.) 

Adjourned till 10 o’clock to-morrow. 

Pursuant to adjournment on yesterday evening, April 25. 1921, the further 
taking of testimony is resumed, and J. A. lloland, notary public and commi.s- 
sioner of testimony, who acted as commissioner of testimony on yesterday, 
being present and presiding, and the contestant, James I, Campbell, being repre¬ 
sented by his attorneys, C. B. Spicer and W. R. Bauguess, and the contestee 
being present and represented by his attorneys, T. C. Bowie and G. Park, the 
following testimony is taken: 

WILLIAM LOGGINS testified as folloAvs: 

Direct examination by G. L. Pakk : 

Q. AVhat township do yoii live in?—A, Peak Creek Township. 

Q. How long have you lived in Ashe County?—A. About 15 years. 

Q. Where were you living befoi'e the election of 1920?—A. I lived in Wilkes,. 
I reckon. 

Q. Last year?—A. Well, I was in West Virginia awhile. 

Were you living there?—A. No; my home was in Peak Creek Townshij). 

(). You went to West Virginia some time dining last year, did you?—A. Yes.,, 
sir. 

Q. At the time that you went to West Virginia did you take all of your 
property with you, and effects?—A. No, sir. 

(). Where did you leave them?—A, In Peak Creek Townshij). 

(}. At the time that you went away, state whether or not it was your 
intention to return?—A. Yes, sir. 

Q. And whether or not you went to West Virginia with the puri>ose and 
intention of returning?—A. Certainly I did. 

(}. What did you go to West Virginia for?—A. To see my son and vrork 
awhile; on a visit. 

Q. While you were in West Virginia did .vou ever decide t(» remain there oi 
was it your purpose always to return?—A. My purpose to return; I didn’t go 
to stay. 

Q. Then did you move from I‘eak Creek Township in Ashe County?—A. 
Yes. sir. 

(). Your residence, your citizenship?—A. No, sir, 

Q. How long had you lived in I’eak Creek before you went to West Virginia 
on a visit?—A. I lived there about 15 years, 

Q. You bad never abandoned this county and Peak Creek Township as .vour 
residence?—A. No, sir. 

Cro.«;s-examination by C. B. Spicer : 

Q. When did you move from Wilkes into Peak Creek?—A. I don’t recollect 
when, what time. 

Q. Hoav long ago?—A. It’s been 15 years ago, somewhere along there. 

Q. How long did you live in Peak Creek?—A. I have been living in Peak 
Creek Township ever since I moved over hei*e. 

Q. Been there in person all the time?—A. Until last spring. 

Q. You went to West Virginia?—A. Went there awhile. 

Q. You are a married man?—A. l"es, sir. 

Q. Took your wife and family to West Virginia?—A. Yes, sir. 

Q. When did you come back?—Along last summer. 

Q. Remember what time in the summer you got back?—A. No. sir. 

Q. What ]>lace in West Virginia were you?—A. Greenbar County. 

(>. What was your ])ost office?—A. Post office was—I can’t think of it now. 

(). How many months in West Virginia?—A. About five months. » 

(>. You A’oted in the primary out there?—A. No. sir. 

(}. Give in .voui’ tax olit there?—A. I didn't give in no tax. 

Q. None at all?—A. No. sir. 


C’AMPBELL VS. DOUGHTON. 


811 


Q. Did you jrivo your taxes iii here?—A. I didn’t pay no tax last year at all. 

Q. You had i)roi)erty here?—A. I sold what property I had taxable before I 
went. I ])aid i)oll tax out there. 

You didn’t i)ay any poll tax here?—A. No, sir; didn’t pay any poll tax 

liere. 

Yh)u paid your poll taxes in West Vir^rinia?—A. Yes, sir. 

Q. You say you didn’t vote out there?—A. No. sir. 

C). You came back alon^ about September?—A. I just don’t know what tijnei 
it was. 

(}. How long before the eleetion?—A. I just don’t recollect how long before 
the election. 

C). You listed your poll tax out there?—A. Yes, sir. 

Q. l^ou listed and paid it?—A. Yes, sir; paid it when I listed it. A fellow 
has to pay poll out there when he is past 50 years old; don’t have to pay it 
here. 

Q. What property did you leave here?—A. Some of my house plunder—be<l* 
ding and stuff. 

Q. ’\^'here did you leave them?—A. In Peak Creek Township, at my 
daughter’s. 

Your daughter a married lady living there?—A. Yes. sir. 

Q. You closed your home there Avhen you left?—A. I was a renter. 

Q. Y"es; out of what stuff you had, except a few quilts and bedticks?— 
A. Yes, sir; and some other little plunder. 

Redirect examination by G. L. Park : 

Q. Your home was still here, though?—A. l^es; I considered this my home, 
• and intended to I’eturn. 

Q. And only went there and staid a short while and worked some and vis¬ 
ited and returneil?—A. Y'es, sir. 

Cross-examination by C. B. Spicer : 

Q. You sold your cow before you left here?—A. Y^es, sir. 

Q. You sold your bedsteads?—A. Yes, sir; sold part of them. 

Q. And your cupboards?—A. Didn’t have any cupboards. 

(j. Sold most of your household effects?—A. Took most of them with me. 

Q. You say you just went out there to work?—A. Yes, sir; and on a visit. 

Q. Sold most of your stuff and took the rest you had on a visit?—A. Took my 
be<lding with me. 

Q. And took the remainder on a visit witli you?—A. Yes, sir; left most of 
my stuff. 


C. M. DICKSON testified as follows: 


Direct examination by G. L. Park : 

Q. ]\Ir. Dickson, what position do you hold in Ashe County, if any?— 
A. County superintendent of schools. 

Q Were you at Lansing in the fall of 1920 when Dr. Campbell and R. L. 
Doughton had a joint discussion there?—A. I was. 

Q. Did Dr. Campbell make a speecli that day?—A. He did. 

Q. Was Mr. C. B. Spicer, chairman of the Republican executive committee, 
present at that time?—A. He was. 

Q. Did he speak?—A. He introduced Dr. Campbell. 

Q. Can you give the substance of what Mr. Spicer said in the introduction of 
Dr."^ Campbell at that time?—A. I think I can give the substance of it. He 
went ahead and said, among the things he said were, that while the soldier 
boys were fighting in Prance for the liberty of the country that the Democrats 
stole the soldier vote, and his idea was for the Republicans to go and demand 
registration regardless of the educational qualification requirements of the 
registi-ars of the county, and that he was opposed, I believe he said,* to the 
niggers being registered as much so as what the Democrats were, and if they 
were registered that it was cliarged to tlie Democrat Party. 

Q. Did he say anything with reference to the women registering?—A. He 
.‘^aid that tlie educational qualifications applied to the men and not to the 


women. 

Q. And that was a i)ublic speech?—A. l>s, sir. 

Q. And advised the Republicans to demand registration instead of request¬ 
ing*^ registration ?—A. Yes, sir: demand registration of the i-egisfre.r, and that 
the Democrats were fixing to steal the woman vote as they did the soldier vote. 



81'2 


(’AMPBELI. VS. DOUGHTON. 


(^). Anytliinj; t'\irtlu»r of liis iiiti’odiiction speech tiiat you recallV A. I don t 
happen to reniemher any words. 

i}. (’an you jiive the substance of the s]>eecli made l)y Dr. (’ainphell on that 
occasion?—A. Dr. (’ainphell seemed to ac(piiesce witli Spicer and said that 
he also was opposed to the, any of the, nij^gers voting and in favor of all the 
white women voting; seemed to he a race issue rather than an educational test 
as to the intents of voting. 

(’ross-examination by II. Bauguess : 

Q. y(m didn’t infer that ]\lr. Spicer meant to charge all th.e iDemocratss with 
having stolen .soldiei’s’ votes.—A. He never said. Said, “ Democi'atii* Party.’,’ 
Never .'specified any particular ones. 

Q. You had heal’d that soldiers’ votes had been stolen, hadn’t .vou, 11)18 
election?—A. No. I hud heard some accusations had been imule. 

(). You don’t know anything idiout the details of how the votes wen^ manipu¬ 
lated in that election?—A. 1 heard they had been delayed on account of wash¬ 
out on the road ; didn’t get in. 

(J. Had you heai'd anything about changing the tickets in votes that had 
been delivered’/—A. No: don’t think I ha<l. 

(). A gi-eat many of leading Democrats in the county wei-e in favor of all 
the women voting, were they not’.-'—A. I don’t know that 1 can say. There 
may have been,some that were. 

(}. And sonu' of the leading Democrats recommended that they all I’egister’/— 
A. Don’t know. 

Q. And in some of the townships, especially the strong Democratic town- 
shiiis, all the women were registered regardless of whether or not they could 
read or write’/—A. I don’t knoAv about that. 

(). In .lefferson ;ind (’hestnut Hill Townships the educational test was not 
applied’/—A. I was not registrar and I know nothing. 

(). Yon know that irom gimeral election*'’—A. No; I have heard so many 
things T am not positive as to any statement. 

(). You never heard the registi’ai’s testify’.''—A. Some of them. 

Q. Wasn’t it a general understanding—you ivmember vei’y distinctly when 
the congressional amendnumt was ad()itted’.''—A. Yes, sir. 

(). Wasn’t it a general umlerstanding among all of the ]>e('i)le that the in¬ 
tention was not to disfranchise any )»eople’/—A. Any white male i)erson. 

(). There is a ]»rovision in the law which authorizes all lau’sons to register 
where they are descendants of electttrs prior to ISOS.-—^A. Had reference to male 
folks, I think. 

(). As a matter of fact, the constitutional amendment in all of them refers to 
male {)ersons. does it not’/—A. I presume it was, but since this last amendment 
w;is adopted I suppo.se tlie women W(*uld have to come in the same (pialifica- 
tion. 

(). If the amendment applied to nomen, then the statute would apply to them, 
wouldn’t it?,—A. ''I’hat statute was made before this last iunendment was 
passed. 

(). I am s]teaking of the auarndmeiit now, applying to the educational qualifi¬ 
cations.—A. My undei’standing is now tliat every i)erson is su})po.sed to stand 
the educational test. 

(}. I»ut you believe that all white pei’sons ought to I’egister and vote, don’t 
you’/—A. \Vell. I am not in favor personally of seeing any white person dis- 
franchis('d. "bhe imrjHtse of the amendment that was pas.sed in 1900 was to 
eliminate tlu‘ Ne.gro, but if the wliite per.son will not qualify themselves educa¬ 
tionally they suff(‘r for tbeii- failure to ])orform their duty, but if they haven’t 
qualified then the lawmakers .should not be blamed for this. 

(). Lots of women in the county have not had the opportunity to qualify 
themselves who would have been entitled to register and vote under the grand¬ 
father. clause at that time’/—A. I understaml, but suppose you let one go 
ahead and vote, that would ('stablish a precedent which would have to apply 
to all. 

(). Wasn’t there a strong sentiment last year that women would not be 
controlled by the educational danse’/—A. I didn’t hear that discussed. 

(}. Didn’t you hear it di.scussed, that all women in North Carolina would 
be entitled to vote without regard to educational qualilications?—A. I read 
the pros and cons. 

(). Some i)eopie took the position that all were entitled and some not?—■ 
A. Of course they took different positions. 


(’AMPBKLL VS. DOUCJtlTOX. 


813 


V>. AikI Ml’. S])i(’er was takinir tiie iiositioii that day that his position was 
that all werp entitled to vote, wasn't it?—A. His position was tliat you dis- 
tranchise the well-educated Ne.uro who was entitled to vote. 

i). How many Xeu'voes have you .ti’ot on the pay roll of Ashe Count.v as 
teachers?- A. Oidy have about three or four Nejiroes in the county now teacidnj?. 
\ou hav(‘ on«‘ that is a colie,u(‘ itraduate'.''—A. In s])ecial colleire. 

(). Did teach here?—A. Yes. sir. 

(). He didn't re.uistiu’ and vote here?—A. T don't know. 

(}. Do you know of an.v who did register and vote in the county and who 
are school-teachers?—A. I <lon't know anythin.u: about it. 

i). As a matter of fact, there is not lint one ni£i:g:er in Ashe County who 
votes?—A. I don't know about that. 

Q, Were you hei’e when Cov. Aycock made his speech in which he ileclared 
that no whit(' iierson would he disfranchised under this law?—A. I didn't 
hear that. 

(}. It Avas the pui’pose of the framers of that amendment to limit the nijjfter 
and not to disfranchise any white person.—A. AVhy, certainly. 

(h The law was jiassed with that understandin.c:?—A. Yes. 

And then if that vras the i>urpose of the law when it was jiassed, why 
wasn't ^Ir. Siiicer justified in takinji: the ])Osition that all white persons shouhl 
he refxistered and voted?—A. I think not, because the conditions on which the 
(pialifications of these people are hiiifred. 

(,). Don't you know of the existence of that statute whi(*h jirovides that if 
any ]>er.son iiresentin.u’ themselves for l•(^^>:istl•ation shall show to the reifistrar 
that his ancestors weri' entitled t<i vote in any ►‘^tate in the United States 
prior to ISdS the re.aistrar has no ri.irht to inquire whether he can read and 
write?—A. I know that that law applied to male persons. 

The contestee. throup;h his counsel, objects to the examination and form of 
examination of contt^tant's attorney, for tin* reason that la* is attemptin.u: to 
prove by a layman the con.stitution of the State and the law relative thereto, 
and that the consthution is the best evidence of what it is. and the eleetion 
hnvs i)assed in confoi’inin.ir to tin* constitution of the State an* the Ix'st evidence 
of what the law is. 

The i)urpose of this examination by the contestant is to qualify the witness's 
infoi’ination as to the ar.uument advanced by i\lr. Si)icer. 

The witness is not ])resumed to know the fairpose of iMr. S])icer in makinjt 
the stat(‘ment in his introductory speech of Dr. J. I. Cami)l)ell. hut only knows 
what he said with reference to re.itisti’ants or applicants for re.iristration. 

(.). If such a statute existed, then wcaildn’t iMr. Spicer have a perfect rijrht 
to take the ])osition that he did? 

(Objection by the contestee that contestant's question is hypothetical 

A. If tin* law existed at this nn'sent time ami has I’eference to the w<»men 
as well as the men and rele.uated that ^I’andfather clause and the amendment 
of 1919 to the rear, then I would say that he would have. 

Q. You mentioned somethin.it of Mr. Spicer havin.c; requested the people to 
<h‘mand the registration of women voters?—A. Yes. sir. 

Q. Is there anything improper about that? Plvery person has a right to 
d(*niand that he shall he registered if he is entitled, hasn’t he?—A. I reckon 
that it would have been hett(*r to have I’ecpiested ; seems like it was rather 
strong language. 

Q. Thej-e is no I’eason why he should not demand tis well as beg or request.— 
A. Tlmt's a matter personally. 

(h There is nothing wrong whatever about demanding that one he regis¬ 
tered. is there.—A. Tiiat’s for him to say. 

Q. If you have a right to a thing you have as much ri.ght to demand as 
i'e(piest‘:'—A. Moi’e ixdite to request. It's presuming that the Democratic 
registrars wasn't going to do their duty. 

(). As a matter of fact, they had refused to legister?—A. I don't know. 

(). You take a i)retty lively part in isolitics; consider yourself a imrtisan?— 
A. "l have always been interested, as a matter of fact, from a hoy. Never been 
a i>artisan. Take a lively interest in all public affairs. 

D. And so far as you are personally concerned. I would he justitied in believ¬ 
ing" that vou yourself would he glad to see all white women in A.she Uounty 
registered and’ vote?—A. Yes, sir: hut not at the expense of the law. 

Q. If they Avere refused the right to re.gistei- in Laurel q\)Avnship. educational 
test applied strictly. Avhich is a strong liei»ul*lican toAvnship. and not api)lied 
in .Tefferson. Avhich is a strong Democratic township, in Avhose favor Avould you 
suggest that tin* discrimination operatc'd? 


814 


CAMPBELL VS. DOUGHTON. 


(Objection by contestee for the reason that the question presumes* conditions 
of which it is not shown that existed or of witness Iiaving knowledft'e and calls 
for his opinion based upon hypothetical question.) 

A. Had I been registrar in one or both townshii)s I should have demanded the 
educational test. 

(}. That’s not an answer to the question. If such conditions existed, in whose 
favor would the discrimination have been? 

(Objection as before by contestee.) 

A. ^^'ell, unless they all could read and write in Jefferson Township, it may 
have been in favor of the Democratic Party. 

Redirect examination by G. L. Park : 

Q. If they could all read and write there would have been no discninination 
at all in the Laurel.—A. No. But I am answering the question with the pre¬ 
sumption none can read and write in Laurel Township. 

Q. Do you believe that there is a discrimination as to obeving the law?—• 
A. No. 

Q. The grandfather clause that was talked of expired on the 1st day of Jan¬ 
uary, 1908, didn’t it?—A. That’s my understanding. 

(.). After Mr. Si)icer's speech and the registration for the election of 1920 
was had. I will ask you if it isn’t a fact that Republicans indicted Democratic 
registrars for registering women who could not read and write?—A. 1 ha.ve 
been informed so. 

(}. Since January the 1st. 1908, our conditions apjdies to all applicants for 
registration, matters not whether they are white or black, male or female, isn’t 
tliat a fact?—A. That’s my understanding. 

Itecross-examination by W. R. Bakgo:8S : 

ii. If that applies to all persons, then the statutes that I referred to awhile 
ago would apply to all persons?—A. Which statute? 

Q. Providing that a person whose ancestors voted prior to 1808 are now 
entitled to registration without the education qualitlcation and without refer¬ 
ence to any limitation. 

The contestee objects to the foregoing (piestion for the reason that the same 
being propounded by an attorney for the contestant, who has a license to prac¬ 
tice law in North Carolina, who should know that there is no such statute and 
that such provision is in the constitutional amendment, the same being a ])art 
thereof, and if there is such statute it is resiiectfully requested that it be specifi¬ 
cally referred to and mentioned by the attorney of the contestant. 

Question was asked the witness by attorney representing the contestant, on 
his examination of the witness, objection by attorney representing contestee to 
the question, whereupon the commissioner before whom the testimony is being 
taken rules that the evidence is incompetent and declines to require the witness 
to answer the question. 

The attorneys for the contestee replies and states that the (piestion that was 
ruled out by the commissioner was a question whereby attorneys for the con¬ 
testant sought to read a statute and have same copied into the record to whi(’h 
attorneys for the contestee olijected to their introducing evidence on the time ( 
the contestee in its last day and several witnesses being yet unexamined. Tin 
court made this ruling because it was apparent that such method of cross- 
examination was for the evid(mt purpose of consuming the time of the con¬ 
testee. it being the defendant’s last day to take testimony and there being sev¬ 
eral witnesses of the contestee yet unexamined. 

The attorney for the contestant states that he did not intend to oftVr the stat¬ 
utes on the ])art of th(‘ contesta'nt as evidence for the contestant but merely 
for the purpose of cross-examining the witness and not for the purpose of de¬ 
laying the contestee in the examination of his witnesses, and that for the 
further purpose to rebut the assertion of attorney for the contestee to the effect 
that the statute did not exist. 

ALEX ROSE testifi(M as follows; 

Direct examination by G. L. Park; 

Q. Mr. Rose, you were registrar in West Jefferson Township for the election 
of 1920?—A. Yes, sir. 

Q. Did I^. G. Furchis vote in the election in your township in 1920, Novem- 
lier the 2d?—A, I don’t rcunember. Some of those Furchises over there voted. 


('AMPBELI. VS. DOUGHTON. 


815 


Q. Did R. E. Faw vote?—A. That’s my recollection. 

Q. How did he vote?—A. T think he voted Republican ticket. 

Q. Did Hegg:y Faw vote?—A. Yes, sir. 

Q. How did he vote?—Republican. 

Q. Did .T. R. Killens vote?—A. Don’t reineinher that, either. 

Q. Roin Killens?—xV. Several voted, but don’t know their names, 

Q. Did E. T. or Thad Porter vote?—A. Yes, sir. 

Q. How did he vote?—A. I don’t know, sir. 

Q. Did Anse or xV. L. Church vote in your township?—A. Some voted, but I 
don’t remeber their names; not acquainted with those people very much. 

Q, Do you know how he voted if lie did vote?—A. No, sir. 

Q. Did Martha Ij. Richardson, daujxhter of Ad Richardson vote in your pre¬ 
cinct?—A. She did. 

Q, How did she vote?—x\. Republican. 

Q. Did you hear Ben ^Miller testify with reference to her aji'e?—A. I was 
downstairs when he testified. 

Q. You were one of the rej^istrars that were indicted?—A. Yes, sir. 

Q. You were a resident of West .Jefferson Township?—A. Yes. sir. 

Q. Where did the Republicans have you for trial?—A. Fartherest point was 
in the souwestern point of Ashe County, about 17 or Id miles. 

Q. What happened when you went for your trial?—A. Why, there wasn’t any 
of the parties there—witnesses on the Itepublican side. 

Q. What became of the indictment?—A. Dismissed at the prosecutors’ cost. 

Cross-examination by C. R. Spicek : 

Q. You swore oft' the warrant and had it removed?—xV. We swore it off once, 
I think. 

Q. Swore it off from IMr. Goodman?—xV. Yes, sir. 

Q. He was about 5 miles?—A. Five or 6 miles. 

(i. He placed it over?—A. Yes, sir. 

In the same township?—A. Yes, sir. 

Q. Martha Jj. Richardson, she re.itistered before you?—A. Yes, sir. 

And took the oath of citizenship and that she was 21 years of aj^e?—A. Yes, 

sir. 

Q. R, E. Faw moved from Wilkes?—xV. Yes, sir. 

Q. He moved after May, 1919, did he not?—A. I don’t know just what time; 
been there quite a while. 

Q. Didn’t he move over there last siirin.!? of 1920, to refresh your memory?—A. 
He has been there something: like a year or longer. 

Q. He moved there in the spring of 1920?—xV. Strikes me he has been there 
longer. 

Q. Yes; spring of 1920; put him there idiout a year.—A. He may have been 
there some in 1919. 

Q. If he was in Wilkes on May 1, 1919, he would have to have given in his 
poll tax in Wilkes?—A. Yes, sir. , 

Q. And Heggy Faw, did he vote?—A. Yes. 

'Q. Republican?—A. Yes. 

You don’t know whether his poll tax was paid or not?—A. Do not. 

Q. Does he sign his name W. H. or H. H.?—A. I don’t know. 

Q. You say you don’t know about Thad Porter?—A. No, sir. 


A. G. WITHERSPOON testified as follows: 

Direct examination by G. L. Park : 

Q. Mr. Witherspoon, you were registrar of election in Jefferson Township for 
1920?—xV. Yes, sir, 

Q. Did Toin Parsons vote in the election of 1920 in Jefferson Township? xV. 

My recollection is that he did. 

Q. Does his name appear on the register?—A. No, sir. 

Q. How did he vote?—A. Republican. 

Q. Did C. M. Cope vote, election of 1920?—A. Yes, sir. 

Q How did he vote?—A. Voted Republican. 

Q Do you know U. G. Furchis?—A. No, sir; don’t think I do. 

Q.* Did Tobe Church vote 1920?—A. Yes. sir. 

Q. Does his name appear on the registration book?—A. No, sir; does not. 

Q. How did he vote?—A. Republican. 


816 


C^AMPBELL VS. DOUGHTON. 


Cross-exaiiiination l)y W. K. Bat'cu ess : 

Q. How long have yoii'known Tohe (IhnrclJ?—A. Have known liiin for 15or 20 
years. 

Q. How long has he been voting in Jefferson ''rownshipV—A. Has ))een voting 
in this township ever since I have known him. 

Q. He voted in this township in 19hS, didn’t heV—A. I suppose he did; I 
don’t know. 

Q. That was the first time in his life that he ever voted Kepuhlican ticket?— 
A. I don’t know anything about that. 

Q. Prior to that time he votX'd sti'aight Democratic ticket; didn’t you know 
that, as a matter of fact?—A. No; sir. 

Ql Do you know he voted in 1918?—A. No. sir. 

Q. He has been voting here the last 10 or 15 years or longer?—A. I suppose. 

Q. C. M. Coi)e, he has been voting here before, too, hasn’t he?—A. I know of 
him voting here for the past two elections. 

Q. Were either (»f these voters challenged here on election day?—A. No, sir; 
don’t think so. 

Redirect examination by T. C. Bowi?:; 

Q. You was one of tbe registrars indicted; what became of your indictment?— 
A. They released me. 

Q. Who released you?—A. The justice T signed up before. 

Q: How far did they take you from home for trial?—A. I think 16 or 18 
miles. 

Q. Who swore out the warrant against you?—A. ^Mr. Siiicer appeared on the 
warrant. 

Q. You both live in the same town.sbip?—A. Yes, sir, 

Q, And when it come on for trial they took a nolle-pros as to you?—A. 
Yes, sir. 

EWOKY SPENCER testified as follows: 

Direct examination by G. L. P.vrk : 

Q. You were registrar (d election for the election of November, 1920?—A. 
Yes, sir. 

(). In Helton Township^ Ashe Count.v?—A. Yes. 

Q. Did A. W, Elliott vote in your townshij)—Avery Elliott?—A. I thiidv the 
boys all voted; couldn’t say positively; he voted Republican if be voted. 

1). Did Q. R. Lovelave vote?—A. T don’t know him; don’t know whether he 
did or not. 

Dll yesterday th(' contestee introduced as evidence a qualified affidavit of 
Frank Taylor, wliich stated that the poll-tax receijit was attached, but in fact 
the receipt did not accompany the affidavit; now the contestee introduces the 
I>oll-tax receipt of Frank Taylor, which shows to have been written upon a 
stub receli)t of Walnut Hill Township and the words Walnut Hill stricken out 
and .Tefferson inserted and appears to be given on April the 80th, 1920, 


No._ Acres_ 

Jefferson Township, Ashe County, N, C. 

-, 19—. 

Received of Frank Taylor his taxes for the year 1919. as follows: 

For poll tax, .$2.55; S])ecial school tax. .$2.55. ' 

Paid April .80, 1920. 

, , Chas. R. Latham, Sheriff. 

(}. Wr. Spencer, you w<'re indicted on warrant sworn out for you, in which 
warrant you were cliarged with fraud and corruption in the office of registrar 
<-»f election of Helton Township. Wei'e you tried before a justice of tbe peace 
upon this warrant?—A. Yes, sir. 

Q. After the evidence was introduced, what statement, if any, was made by 
Mr. C. B. Si)icer, attorney representing the prosecution, to the justice who 
Iried you?—A. He said that it looked like, according to the evidence,.that there 
wasn’t no ca.se against me, or-something like that. 

Q. Did he state to the justice of the peace that he did not think there was 
evidence sufficient to bind?—A. That was what he said. 

Q. Did he state further that he thought that you had tried to act fairly or 
justly?—A. Said looked like I had done as nigh right as a fellow could do. ' 





(’AMPBKtL VS-. DOUGHTON. 


817‘ 


Q. Stated that there were some thiji,ij:s you had done, luit that it looked like 
you had done about what was fair or rij;lit?—A. Yes, sir. 

(}. \ ou were then houn.d ov(M“ by the justice of the peace to the superior' 
c-ourt?—A. Yes, sir. 

Q. A true hill was then found by the ^xrand jury?—A. Yes, sir. 

Q. What happened then? AVere .vou tried?—A. No, sir. The solicitor took 
a nolle-pros, 

Q. The solicitor stated he took the nolle-i)ros that he had examined all the 
witnesses and that he didn't think there was sufficient evidence to justify 
further prosecution in the case?—A. Said he hadn’t heard the evidence at the 
justice’s court. 

Q. And that the evidence was not sufficient to warrant further i)rosecution?—- 
A*. That was what ho said. 

Q. Did Mr. Spicer make a similar statement to that made by the solicitor 
at the time the nolle-pros was entered against you?—^A. Yes. sir, 

Q. The justice ^^ho hound .vou was M. ^I. Blevins?—A, Yes, sir. 

Q. Mr. Blevins had a son who was candidate for clerk of superior court 
during the last election?—A. Yes, sir. 

And W51S defeated?—A. Yes, sir. 

Q. Mr. Blevins is Republican?—A. Yes, sir. 

Q. And is resident of Walnut Hill Townshij)?—A. Yes, sir. 

(h’oss-examinarion by Mr. AV. R. Bauguess : 

Q. Mr. Spencer, you were charged in the warrant with discrimination in regis¬ 
tering women, I believe?—A. I think something that way. 

Q. Didn’t simply state fraud and corruption?—A. I don’t recollect about 
that. 

Q. There were other defendants tried at the same time you were tried be¬ 
fore the justice?—A. Yes, sir. 

(^. Mr. Spier insisted there was evidence against them?—A. I think so, 

{}. And stated in oi)en c<»urt that he didn't think the evidence against .vou was 
sufficient to bind you?—A. That was what he said. 

Q. After sj true bill was found by the grand jury you remember who recom¬ 
mended besides Mr. Sincer that the case be nolle ])rossed,—A. The solicitor. 

Q. Who recommended to the solicitor, leading Republican recommended that 
the case not he prosecuted'?—A. I couldn’t tell you about that. 1 don’t know. 

Q. Did you hear the evidence in the other cases'?—A, Bart of them. Didn’t 
hear all of them. 

Q. And yon know that ]Mr. Spicer did insist in those cases that the evidence 
was sufficient to bind'?—A. Yes; he insisted. 

Q. And in your case he insisted not?—A. Yes, sii‘. 

Q. Do .vou remember wluit became of those other cases that wei'e tried at the 
same time'?—A. Two hound ovei- to court and one never went into no trial. I 
think. Mr. Hudler’s case dismissed. 

Q. What became of the othei' two cases—A. Bound over to (‘ourt—never got 
no bill against him. 

W. H. WORTH testihed as follows: 

Direct examination by G. L. Park : 

<}. Mr. Worth you live in Jefferson now?—A. Yes, sir, 

Q. Before moving to Jefferson where was your home'?—A. Greston. 

Q. How long did you live in (jreston Townshij)?—A. I lived there all my life 
up to about 18 years ago. 

Q. Since you come to Jefferson how often have you been in (h’eston Township 
and do you know the people in Greston Township?—A. Yes, sii-; been up there 
(piite often. 

(}. Do you know G. R. ?tIock'?—A. Yes, sir; I know his family. 

Q. State the names of those that you have there, whether or not you have 
examined the poll books of (’j-eston Township for the election of 1920, whether 
you have examined the registration book, and whether or not y(ui have ex¬ 
amined the book containing the paid i)oll list, whether you have examined the 
tax books and if so state what .vou know about the matter’?—A. T find that 
(’. R. IMock is registered, his age 22 and voted, and not on the ])aid list; that 
Ed. Mock voted, age 2.‘) not on the paid list, on the registration hook as E. E. 
Mock. I take it to be the same one. I tind that Glen Roark, was my informa¬ 
tion, was a soldier, age 27, not on the i)aid list. A. G. Laurence I find on the 

07095—21-52 



818 


CAMPBELL VS. DOUGHTON. 


poll book as having voted and not on the paid list and not on the registration 
honk. I iind that W. INliller as having voted, not on the paid list, not on the 
registration hook, and not on the ts«x hook. That J. \V. Grogan, tax hook shows 
age to he 41 not on the paid list, having voted, llohy Pennington as having 
voted, not on the tax hook and the only thing on the registration hook is just 
the name, no age given. 

Those all the names?—A. Yes, sir. 

(}. What is the polities of each of these votes?—A. Itepnhliean. 

Cross-examination by W. R. Bauguess : 

(I- Yon know all these persons >Mr. Worth?—A. AYell, I say I know them; I 
know their families. 

Q. You don’t know just how they voted?—A. No; I don’t know how they 
voted ; I know their folks are of Republican Party. 

nQ. Mr. C. R. Mock could have been under 21 on the 1st day of May, 1919, 
and been 22 when he registered?—A. He was registered as 22. Possible, of 
course. 

(}. You don't remember when he registered?—A. No, sir. 

(}. Did you look on the paid list to see if there were any other names they 
could have been registered undei’?—A. Yes, sir. I don’t find any. 

Q. You don't know that they didn't live in other townships?—A. No; I don't 
know }d)Out that. 

Q. You didn’t look in any other township except Creston?—A. Not for the 
ISIocks. 

Q. They live right on the line, some of them?—A. Close to the line, on the 
liaurel. 

You have been clerk of the court for eight years?—A. Yes, sir. 

i}. During that time the sheriff made up about four lists, poll-tax lists, paid 
polls, during your tenancy in office?—A. I suppo.se so. 

Q. It was customary for parties then on about the last day of April in the 
year j)receding the election, year of the election, to go to the sheriff and pay 
<»ff all the poll taxes that they knew for persons who they were sure would vote 
their way in the election, wasn’t it?—A. Yes; I think both parties. 

(,,). And very often there would he listed against the parties poll taxes and 
pi-operty taxes, on the tax hooks?—A. Always appeared that way. 

(}. And the sheriff in order not to get his hooks mixed in giving tax for the 
})oll, wonld tear out receipts from the hack of the hook?—A. I have seen that 
<Ione. 

(i. And so far as you know of your own knowledge the parties t^at you have 
named may all have their poll-tax receipts?—A. I don’t know. The policy of 
the sheriff heretofore, as I recall, would credit their ticket, the original ticket, 
us i)oll “ paid ” so much. 

<i. It has always been the custom that when a party had no other property 
that they didn’t list any tax at all?—A. I don't know about that. They are 
suppo.sed to list. 

i}. And then there would he no tax ticket made out in the hooks in the 
hands of the sheriff?—A. If not listed. 

Q. And tlien the only thing the sheriff could do would be to tear a receipt 
out of the hack of the hook?—A. The thing then the sheriff should do would he 
to keep a memorandum of them, of course, and turn the funds collected on the 
r(‘ceipt into the county. 

. (>. And right at the last of April, in the rush for poll-tax receipts, the 
sheriff could overlook making a memorandum, couldn’t he?—A. Possible. 

A. A. PRICE testified as follows: 

I )irect examination by G. L. Pakk : 

(,). Mr. Price, you lived in Clifton Township in Ashe County'?—A. Yes, sir; 
don’t now. 

Do you know Tom Parks?—A. Yes, sir. 

(5- What are his politics?—A. Republican. 

(}. Have you examined the poll l)ooks for Clifton Township for election of 
1920 and the paid list returned by the .sheriff'?—A. Have examined the list 
turned in by the sheriff. 

Q. Do you find his name on the paid list*?-nA. Don’t believe I found that 

Q. Did you examine the sheriff’s paid list to .see if the name of W. G. Jones 
appeai-ed in Clifton Township'?—A. Yes, sir. 


CAMPBELL VS. DOUGHTOX, 


819 


(>. Do you know Jones?—A. I don’t know him by initial. 

Q. Will Sawyers, did you examine the sheriff's i)aid list to see if his name 
appeared?—A. Yes. sir. ' 

Q. Does it appear?—A. No, sir. 

What’s his politics?—A. Republican. 

Q. Did you examine the sheriff’s paid list to see if the name of W. T. ^Miller 
iip])eared on it?—A. Not on that. 

(^. What is his politics?—A. Republican. 

Q. Did you examine the sheriff’s paid list to see if Calvin Penniu.aton’s name 
appeared on it?—A. Yes, sir, 

(}. Does it appear?—A. Yes, sir. 

Q. What is his politics?—A. Republican. 

Q. Did you examine the sheriff’s paid list to see if the name of U. S. Sawyers 
appeared?—A. Yes, sir. 

i}. Doej^ it appear?—A. No, sir. 

Q. What is his politics?—A. Republican. 

Q. I believe you say you haven’t examined the poll hooks?—A. No, sir. 

Cross-examination by O. R. Spicer: 

Q. You don’t know whether or not these men voted or not?—A. No, sir. 

Q. You don’t know whether they voted for the contestee or for the contestant 
if they did vote?—A. Don’t know a thinj^ about it. Politics Republican. 

(}. Didn’t Calvin Penninjiton live in West Jefferson Township awhile?—A. 
He sta.ved down at Emmet Jones. Usually his home is at Clifton. 

Q. You don’t know whether he save it in at Jefferson or not?—A. No, sir. 

(}. Didn’t Sawyers work at Smethport a while?—A. Not that I know of. 

Q. You don’t know whether they lived in any other township, gave in their 
taxes or not?—A. No, sir. 

Q. Did you look for Tom IMiller and W. T. Miller?—A. Just looked for W. T. 
in Clifton. 

Q. They are one and the same person, aren’t they’.’'—A. Yes, sir. 

(). T. is the treasurer and his name Thomas?—A. Yes, sir. 

ROBERT IRAY testified as follows: 

Direct examination by C. L. Park: 

Q. Mr. May. you were registrar of elections in Piney Creek Township, Ashe 
Count.v, for the election held on November 2, 1920, were you’,''—A. Yes. sir. 

Q. Mrs. Pryor Sexton, did she read before you when applyinsi for rejiistra- 
tion?—A. She i)i'etended to read. 

Q. Did she read?—A. Read a few words, hehis by Mrs. William Patton.. I 
caus’ht her whispering to her. 

Q. She stated she pronounced the word “ recon.u’ni^.ed ” and that you pro¬ 
nounced it “ re-coji'-nized,” and that because she i)ronounced the word “ recomi- 
nized ” you turned hei- down and wouldn’t rejiister her. How is that?—A. Tt 
wasn’t so, he<'ause that word wasn’t in the section which she read. She come 
in and presented herself and I opened the hook up and handed it to her, and 
she taken the hook and commence<l turnin.!? hack to the first ami said “ I have 
learned one over here and am ji'oinji to I'ead it.” So I taken tlie hook out of 
her hand a.aain and opene<l it up and told her tlie rest was readinji' there, and 
so she would have to. and she turned hack a^ain and said, “No; she had 
learned the first one over there and was jtoin.c; to read it.” T took the ))ook 
and tore the leaf off and handed it hack. She set around and opened it up. 
looked at it a while and opened to read, and couldn’t read anythin.^" as I undei’- 
stood it. Old Mrs. Patton was whisperinj? to her, and I told her that wouldn’t 
do; she said she wouldn’t do so any more. 

Q. AVhat did you say to her then—either of the ladies?—A. 1 says. “That’s 
all riaht. T just wanted to see .vou widte.” 

Q. Could Mrs. I‘ryor Sexton read?—A. She didn’t read for me ; no, sii-. 

(}. Mr. May. do you know T.,eonard Jones, in your township’?—A. Yes. s r. 

Q. Did he Vote?— A. Yes, sir. 

(). How did he vote?—A. Repuhlicaii. 

Q. Do you know (4. AV. Styke?—A. \es, sir. 

Q. How did he vote?—A. Republican. 

Q. You know Adolphus Aliller?—A. Yes. sir. 

(). Did he vote?—A. Yes, sir. 

Q. How did he vote?—A. Republican. 


820 


(’AMPBELL YS. DOUGHTON. 


Q. Know Kli.uali OshorneV—A. Yes, sir. 

Q. How did lie vote?—A. A^oted Kejnihliean. 

(}. Do yon know Dalton Sexton?—A. Yes, s!r. ' 

Q. How did he vote?—A. Ueiiiihlican. 

(}. Lee Wyatt?—A. Yes. sir. 

Q. How did he vote?—A. Voted Ke))nhlican. 

Q. Beryl IMiller?—A. Yes, sir. 

(-L How did he vote?—A. liepiihlican. 

(L (’allie I‘owers?—A. Y’^es, sir. 

(L How did he vote?—A. Vote l Kepuhlican. 

Q. Were these all between the a.i?es of 21 and 50 at the t ine of the elec¬ 
tion?—A. The record shows that. 

Q. Yon have exain'ned the tax hooks and the rejiistration books to see?—A. 
Y’es, sir. 

Q. Did Beryl INiiller .serve in the Army or Navy in the World AA'ar?—A. No, 
sir. 

Q. Was he drafted?—A. Y’e.s, sir. He was deserter. 

Q. In yonr evidence taken by the contestant yon stated that Ylr. John 
Tucker and Airs. S. N. Howell vote 1. one a Kepuhlican ticket and the other a 
Democratic ticket, and that their ballots were not accompan ed by a certificate 
or by letter?—A. Yes, sir. 

(}. Now, were there any others who voted that way in yonr township?—A. 
Y’es, sir. I fonnd two more. 

Q. How did yon find it—absentee tickets or sick-list tickets?—A. Yes. sir. 

Q. Yon say yon fonnd two more; who were they?—A. One was Janies Abates,, 
from State of Washington, and the other Lacy Alay, from West Jelferson. 

Q. Both voted absentee tickets?—A. Yes, sir. 

Q. Did their tickets have proper certificates accompanyiiij; them?—A. Didn’t 
have any certificate except a letter requesting; the way they wanted to vote. 
AY)ted Repnhlican. 

Q. They were permitted by yon and the election hoard to vote?—A. Yes, sir. 

Q. So that yon permitted the.se four votes to he cast w'thont the certificates; 
and, if they be illeftal, what party was benefited by yonr act?—A. Of course, the 
Bepnblican Party wonld be, three to one. 

Q. Have yon examined the paid list returned by the sheriff to see whether or 
not these names that I have called appear upon the list?—A. Y'es, sir. 

(}. Do they appear upon the list?—A. No, sir; don’t appear. 

Oross-examination by W. R. Baugess : 

0. Yon say Mrs. Pryor Sexton wanted to read some particular .section of the 
law or Constitution?—A. Yes; said she wanted to read in the first. 

Q. Do 3 ’on remember about how much she did read and the section yon gave 
to her?—A. None to amount to anything. 

Q. How many words did she pronounce?—A. I don't think over two or three. 

Q. Sarah Gilley—did she read and write?—A. Read, but didn’t write any. 

Q. Did yon give her some particular section to read?—A. I give her a section ; 
just opened the book. 

Q. And she read the section yon gave her?—A. Yes, sir. 

Q. Do yon rememher how much or how many words she read?—A. No, sir. 

Q. Did she read ver.v well?—A. Very well, 

Q. Didn’t yon state here on the other examination that yon didn’t require 
her to read and write?—A. I don’t remember about that; I don’t think so; 
think I stated she read, but didn’t write. 

Q. Yon wasn’t as particular with her as Iff-yor Sexton’s wife?—A. I didn’t 
have any difference to make. 

Q. Where did yon register Sarah Gilley?—A. At home. 

Q. Where did Mrs. Pryor Sexton present herself?—A. At the registration 
jirecinct. 

Q. Have .von the letters of the absentee votes or the certificates of those yon 
have mentioned?—A. I think so. 

Q, Have yon them with yon?—A. No, sii’, 

(). Could yim produce those letters?—A. If they haven’t been misplaced. 

Q. Yb)n looked them up right lately?—A. No, sir. 

(}. Y'on did look them up since the hearing here before?—A. Did not. 

Q. AVhat record did yon have to find out that these others had voted by let¬ 
ter?—A. I consulted the .ludge, and I remembered it then later on. 

(}, I understood yon to say that yon had looked them up?—A. That’s the 
way I got it. 


(’AMPBELL VS. DOUGHTON. 


821 


(^. You never did tile those letters or eertitieutes with the clerk of the superior 
<-ourt?—A. No. sir. 

Q- If you can find them, will you produce them or tile them with the clerk 
of the court?—A. Sure. 

Q. As to Leonard Jones, do you know his a.tre?—A. I know what he stated 
on the rejiister—22 on the rejjister. 

(}. He could have been under 21 on Ai>ril 1, 1019, couldn’t he?—A. I sup¬ 
pose so. 

Q. (L W. Styke—what is Ids atte?—A. Fort.v-six hei'e. 

Q. What year?—A. I don't kmnv. They were transcribed from the old book. 
Don’t know wliat year placed on the hook. 

Q. Do you know his ajte?—A. Only what the record says. 

Q. Does he look to you to he a man past oO?—A. No; he don’t. 

(}. He has been voting’ there several years?—A. His aj^e corresponds prett.v 
well with his looks. Don't know about the voting- several years. He may have. 

Q. As a matter of fact, he has lived in that townshij) six or eijjht years?—A. I 
don’t know. 

(J. iMoved fi-om Horse (’reek. You didn't reirister Ir'm yourself?—A. No, sir. 

I taken his cei’tificate from the Horse (’reek rejiisti’ar. 

(>. And the records show that when he did rejjister he was 40?—A. Yes, sir. 

(L You don’t know how old he is'.-*—A. Oidy the record. 

(}. Do you know Dolphus IMiller?—A. Yes, sir. 

V). How old is he'.''—A. Thirty-tive. 

(}. You know that he didn't pa.v his ])oll tax?—A. No, sir. 

(}. Elijah Osborne, wliat’s his afre?—A. Twenty-six. 

(L You know that he didn't pay his poll tax?—A. No, sir. 

(). How old is Dalton Sexton?—A. Twenty-two. 

Q. He could have been under 21 on iMay 1, 1919?—A. I suppo.se so. 

(i. Lee Wyatt, didn't he move from Horse Ci’eek?—A. No, sir. 

i}. You don’t know that his poll tax Avasn’t paid?—A. Only from the record. 

i}. What is Beryl Miller's a,e;e‘i'—A. Twent.v-three. 

(}. When he rejt'stered?—A. Yes, sir. TiUSt fall. 

(}. You don't know that he didn’t pa.v his poll?—A. No, sir. 

(}. ('’allie Powers, you know as a rule he is very prom])t in paying his tax?—A. 
Yes, sir; he is a straijjht fellow, 

(}. Do .A'ou know that any of these hadn't ])aid their poll tax?—A. Don’t know 
anything about it; oidy the record doesn’t .shaw it. 

Q. Did you look on the record for any other names or initials they could have 
been registered under?—Yes, sir. 

(}. In tho.se letters that were voted absentee, who signed them?—A. I don’t 
know. 

(}. Were they witness(jd by anybody'?—A. No, sir. 

(}. Do .A'ou know that they signed them in their own handwriting?—A. No; I 
lon’t know that. 

Redirect examination b.v G, L. Park : 

Q. I believe I asked you upon cross-examination when you testified as a wit¬ 
ness for contestant whether any of the tickets had indorsed upon them or 
written on the margin of the line the name of the voter, did they or not?—A. No, 
sir. One had the tickets in them and the other three just the letter and no 
tickets, requesting to be voted. 

M. C. ROATiK testified as follows: 

Direct examination by G. L. Park : 

(}. Mr, Roark, you are the register of deeds for Ashe County?—A. Yes, sir. 

(i. What book is that that you hold in your hand'?—A. Clifton poll book. 

Q. For the election of November 2, 19'20?—A. Yes, sir. 

(5. IMr. Roark, set‘ if .you find the name of John Eldreth on the poll book?—A. 
^^(}. See if you can find the name ()f Thomas Brooks on that book.—A. Don’t 

I’mfi it. ^ T 

Q. W. G. Jones or M. G. Jones, W. G. I think it i.s.—A. I find M . (x. Jones. 

(L Billy or William Saw.yer and U S. Sawyers, look for both of them,—A. 1 
find Billv*^Sawyers. Yes, sir; I find U. S. Saw.vers. 

Q. W. T. or Tom Miller.—A. Yes, sir; T find W. T. Miller. 

Q. Calvin I’ennington?—-A. I find (^alvin Pennington. 


822 


CAMPBELL VS. DOUGH TON. 


.r. D. STANSBEUUY, recalU'd second time by contestee, testitied us follows: 

Direct examination by G. L. Pakk : 

(i. Yon are clerk of the sn])erior court?—A. Yes sir, 

Q. Wbat I'ecord have you in your band?—A. Record of the poll tax return by 
the sheriff year 1919. 

Q. When was the return made?—A. Paid on or before the 1st day of May, 
1920, and return made by tbe sheriff on the 11th day of May, 1920. 

Q. Tuiai to Piney Creek Townshii) and see if you tind the name of Leonard 
.Tones?—A. No, sir. 

(,). Of G. W. Styke?—A. No, sir. 

(). Of Adoli)hus Miller?—A. No, sir. 

(}. Of Elijah Weaver?—A. No, sir. 

Q. Of Daiton Sexton?—A. No, sir. 

Q. Of Lee Wyatt?—A. No, sir. 

Q. Of Beryl IMiller?—A. No, sir. 

Q, Of Callie Powers?—A. No, sir. 

Q. Turn to Creston Township; look upon the paid list for Ci’eston Townshii> 
and see if you find the following names: 

Q. C. R. or Charles R. iNIock?—A. No, sir. 

Q. Of Ed or E. E. Mock?—A. No, sir. 

(y Of Glen Roark—A. No, sir. 

Q. Of A. G. Laurence? 

Q. Of F. W. :Miller?—A. No, sir. 

Q. Of .T. W. Grogan ?—A. No, sir. 

(The contestee states openly that he does not contest or challenge the vote of 
Glen Roark, he having been a soldier in the late World War.) 

Q. Turn to the list returned by the sheriif for .Tefferson Township; see if yoir 
find C. M. Cope?—A. No, sir. 

Q. F, D. Duffield?—A. No, sir, 

Q. U. G. Furchis?—A. No, sir. 

Q. R. E. Faw?—A. No. sir, 

Q. Heggy Faw or W. H.?—A. No, sir. 

Q. W. B. Elliott?—A. No, sir. 

Q. E. T. Porter or Thad Porter?—A. No, sir. 

Q. Turn to Clifton Township; .John Eldreth?—A. No, sir. 

Q. Thomas Brooks?—A. No. sir, 

Q. W. G. .Tones?—A. No, sir. 

Q. W. T. or Tom Miller?—A. No, sir. 

Q. Calvin Pennington?—A. No, sir, 

Q. It has been .suggested that his name might be on the .Tefferson list: tui*n 
to that and see.—A. No, sir. 

(The name of Calvin Pennington does not appear on* the .Tefferson or Clifton- 
book.) 

Q. U. S. Sawyer?—A. No, sir. 

(). Look at the .Tefferson book and see if it appears; has been suggested that it 
might be on that.—A. No, sir; not on the .Tefferson. 

Cro.ss-examination by C. B. Spicer: 

Q. Turn to Obids and .see if you tind the name of C. M. Cope in Ohids.—A. 
No. sir; not on here. 

(). M . B. h.il1iott: do you know whether he is not listed or paid under some 
other name?—A. No, sir, 

(). Dont' know hut what it might have been a mistake?—A. I don’t know who 
he is. 

Q. Heggy Faw; you don't find any name there to corre.spond?—A. There is 
a .T. H. Faw. 

Q. You don’t know but what that is the same Faw, or Heggv?—A. No, sir. 

Q. Did any .T. TI. Faw vote?—A. I don’t recollect. 

Q. U. G. Furchis; any Furchis on the paid list that would correspond with 
V. C.?—A. No, sir; just T. D. and R. A. 

Q. Of course, you wouldn’t pretend to say that all these men hadn’t paid their 
poll tax?—A. You know I wouldn’t. 

Q, C. R. IMock; you don’t know whether he was subject to poll or not, or 
IMock either?—A. No, sir. 

Q. Y'^ou don’t know but what they paid their tax in other townships than the- 
one they voted?—A. No, sir. 


(’AMPBEI.L VS. DOUGHTON. 


823 


Q. Did A. G. I.aurence?—A. No, sir. 

C}. Any name in Greston Townsliiji that coi-responds to A. G. I.anrence?— 
A. No, sir; jnst two, D. E. and James H. 

Q. Yon don’t know that he was old enough to he subject to poll tax?—A. 
No, sir. 

Q. And F. W. ]Miller, do you tind any name that corresponds with him in 
Creston?—A. No, sir; none that is F., George W.. William 11., etc. 

Q. Gf course, you wouhln’t say that the clerk who took the names of the 
voters when they voted didn’t make a mistake and get the wrong initials 
when they voted?—A. I want to he fair about everything, but don’t want to 
answer questions I don’t know anything about. 

Q. Y'ou wouldn’t think they wouldn’t?—A. No. sir. 

Q. Do you tind any name that corresponds with .1. W. Grogan?—A. No, sir. 

Q. Roby Pennington?—A. Just two l‘enningtons on here, Dal and Luke. 

Q. In Piney Creek, do you find any name or initial that corresponds with 
I.eonard Jones?—A. No, sir; there is Dr. T. L. and T. Lester. 

Q. That Dr. T. L. and T. Lester are the same person?—A. One is junior and 
the other senior. 

Q. ]\Iight have got mixed up. the Leonard and Lester, might they not?—A. I 
don’t care about answering that; I don’t know. 

Q. G. W. Stike; do you know him?—A. Yes, sir. 

Q. How long did he vote in Horse Creek before he went over in Piney 
Creek?—A. I think about six or eight months, 

Q. If he registered in Horse Creek at 46 he would be too old to pay now?—• 
A. He paid his poll in Horse Creek. 

Q. Adolphus ^Miller; any name in Pine.v Creek that corresponds' with Dol- 
phus?—A. No, sir. 

Q. Elijah Weaver?—A. No, sir. 

Q. Of course, you don’t know anything exce]>t what the records show?—■ 
A. No, sir. 

Redirect examination by G. L. Park: 

(j. What book is that?—A. Poll book. Piney Creek. 

(). lA)ok at 33, 

M. C. ROARK, recalled by contestee, testified as follows: 

Direct examination by G. L. Park: 

Q. Since you were on the stand a while ago have you found the name of 
Thomas Brooks on the poll book for Clifton Township?—A. Yes, sir. 

Q. "Wdiat book is that?—A. Piney Creek poll book. 

Q. Look at No. 33; whose name appears there?—A. Leonard .Tones. 

Q. Five hundred and six; whose name appears there?—A. Dr. Lester .Tones. 

Q. So the names of Lester Jones and Leonard both appear on Piney Creek 
for the election of 1920?—A. Yes, sir. 

Cross-examination by C. B. Spicer : 

Q. T. L. Jones, sr,, doesn’t appear on the poll book?—A. I didn’t tind Dr. T. L. 

Redirect examination by G. L. Park : 

Q. Mr. Roark, you stated a while ago that at No. 506 of IMney Creek Town¬ 
ship the name of Lester .Tones ai)peared ; now, I wish you would please turn 
to voter 450 and see whose names appears there.—A. Lester Jones, ji-. 

Q. Both names are Lester .Tones?—A. Yes, sir. 

Recross-examination by C. B. Spicer : 

Q. One is Lester .Tones and the other Lester Jones, jr. ?—A, One shows Dr. 
Lester .Tones and the other l^ester Jones, jr. 

It appearing to the contestee that Avery Hurley voted an absentee ballot 
in Walnut Hill Townshii) and that he voted in person in West Jefferson 
Township, and it further api>earing from the evidence that Avery Hurle.v 
inquired of the election ofhcers to know if his absentee had been received 
when he presented himself to vote in iierson and that one vote was counted 
by mistake for contestee, contestee desiring only to have counted for him one 

of such ballots, there is now agreed that the ballot of Avery Hurle.v, of - 

Township, be deducted from his vote, but that the vote of Avery Hurley, in 
West Jefferson, be counted as heretofore for him. It further appearing that in 



824 


CAMPBELL VS. DOUGHTON. 


West Jefferson Townshij) Fields M. Hnrdin voted in the early i)art of the day 
in person, and that he, hein^ a paralytic and feeble, and that prior to election 
day he had sent in his vote under law allowing; feeble and sick to vote, and 
that when the hour appeared for openiiij; and conntinjt the absentee votes came 
that Fields Hardin was not present and that either the registrar or Demo¬ 
cratic .liulge stated that Fields M. Hardin had voted, as they recollected, and 
that the Kepnhlicaii .indj^e or clerk, either or both, stated that they did not 
recall that he had voted, and that ]\Ir, Hardin was entitled to vote, the absentee 
vote of Fields M. Hardin was cast, and thereby two votes were counted by 
mistake, and the contestee, not desirinsj; any illejtal vote counted for him', does 
now ask that one of the votes of Fields iM. Hardin he stricken from his vote 
in Ashe County and only one of the votes cast by F. M. Hardin he counted for 
him. 

(This hearinit for the county of Ashe is adjourned by .T. A. Roland, com¬ 
missioner of testimony.) 


North Carolina, Ashe County: 

1, Ensa L. Perkins, stenoji'rapher in the above hearinjir, heinj; duly sworn as 
stenographer for the past two days’ hearinj>', deposes, and upon oath doth state 
that the above is a true and correct copy and transcript of the evidence pro¬ 
duced before me, to the best of my knowleditte and. ability as such steno.aTapher, 
and included with said transcript are all exhibits placed in mv custodv. 

This IMay the 17th, 1921. 

IsEAL.j Ensa L. Perkins. 


Sworn to and subscribed to before me this the 17th day of ]Mav, 1921. 

J. A. Rowland. 


J\[y commission expires March 26, 1923. 


North Carolina, Ashe County: 

1, J. A. Roland, notary ]>ul)lic in and for Ashe County, N. C., as commissioner 
of testimony in the hearing of James I. Campbell, contestant, r. Robert L. 
Doutrhton. contestee, do hereby certify that the above transcript of evidence 
by P]nsa L. Perkins, stenottrapher, is a true and correct copy of the evidence 
produced before me as such commissioner of testlmonv. 

This May 17, 1921. 

1 SEAL. I .T. A. Roland. 

My commission expires ]Mai‘ch 26, 1923. 

This heai'injr opened sit the hour of 10 o’clock a. m. in the courthouse in 
Statesville, Iredell County, N, (\. on Wednesday, March 30, P.121, with J. A. 
Stewart, a notsiry public in and for Iredell County, N. C., duly commissioned 
by the Governor of the State of North Carolina, and his commission expiring; 
October 26, 1922, as commissioner of testimony. 

Present on the part of contestant, James I. Campbell, and representing the 
.said James I. Campbell, his attorneys, Moore Adam's and P. P. Dulin. 

Present on the part of the contestee, Robert L. Doughton, the contestee in 
person, and represented by his attorneys, W. D, Turner, Long & .Turney, and 
liCwis & Lewis. 

Jli.ss Fan Barnett was duly aiipointed stenographer to take the evidence and 
was syorn by J. A. Stewart, commissioner. 

S. H. HOUSTON, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. J. G. Lewis: 

(}. Mr. Houston, you were the registrar at Barringer Township at the elec¬ 
tion held on November 2, 1920?—A. Yes. 

You were ]»resent on the day of election?—A. Ye.s. 

(}. And one of the election officers?-^A. Yes. 

Q. Richard Westmoreland, he voted the Democratic ticket, did he not?—A. 
Yes. 

Q. M’here is his I'esidence?—A. Barringers Township. 

Q. Oscar Brown, he voted the Democratic ticket?—A. Yes. 

(). Where is his residence?—A. It is in B.‘u*ringers Township. 

tj. Is he a married man?—A. Yes. 



CAMPBELL VS. DOUGHTOX. 


825 


Q. Does his wife live there?—A. Yes. She lives with lirown's fatlier, and 
he comes home and stays awhile. He was in Asheville on election day hut 
sent his absentee vote. 

Now, Mrs. Sherrill, mother-imlaw of II. W. Zie.ider, what is her j»iven 
name?—A. I don’t remember. 

Q. Did she vote in the last election?—A, Yes. 

Ci. How (lid she vote?— A. Democratic. 

Q. Was there a (*ertificate in the absentee vote?—A. Yes. 

Q. What did it state? 

(Objection on the part of the contestant.) 

A. That she was sick and unable to attend the election. 

(}. Mr. Calvin Morrow’s wife, when did you i-ej?ister her?—A. I registered 
her October 20, 1920. 

Q. Do you know Will Cook, a man about 80 years of age?—A. Yes; some¬ 
where near that. 

Q. Did he vote in the last general election?—A. Yes. 

(J. How did he vote?—A. Republican ticket. 

Q. 1)0 you know .1. R. Lisle?—A. YYs. 

(^). About how old is he?—A. 39. 

Did he vote in the last general election?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

(). Did Mr. Lisle and IMr. Cook both vote for Dr. Campbell, the (*ontestant?— 
A. Yes; voted straight Reiaihlican ticket. 

(The contestee, Robert L. Doughton, wishes to state at the beginning that 
in challenging anyone for the nonpayment of poll tax he does not wish to 
include any soldier, hut should there he a soldier on the list, he wants the 
iH'cord to distinctly show that they are not to he challenged.) 

J. A. Benfield, about 21 was a .soldier and discharged June 19, 1919; did 
he vote?—A. Yes. 

i}. How?—A. Repuhlicsin ticket. 

Q. Jesse E. Overcash, was a soldiei’, discharged June ‘20, 1919; did he vote?— 
A. Yes. 

Q. How?—A. liepuhlican ticket. 

Q. They both voted for Dr. Camphell, the contestant?—A. Yes. 

Q. These persons whose names I have called are residents of the townshi}) 
and (}ualified voters with the exception of paying their poll tax?—A. So far as 
I know. 

Q. Do you know whether Will Cook paid his poll tax?—A. I don’t, except 
hearsay. 

Q. Do you know whether Mr. Lisle paid his poll tax?—A. He said he hadn’t. 
He told me he hadn’t. 

(Contestant objects to the foregoing questions and answers for the reason 
that it is hearsay testimony.) 

(}. Did the parties whose names I have called live in Iredell County on May 
1, 1919, and should have made their poll tax returns in said county?—A. Yes. 

Cross-e 5 :amination by Mr. Dulin ; 

(}. You stated that .1. A. Benfield was a soldier, is that correct?—A. Yes. 

(J. Do you know whether or not he was liable for poll tax for 1919?—A. I do 
not. 

(}. .Jesse E. Overcash, he is a soldier also?—A, Yes. 

Q. Do you know whether or not he is liable for poll tax for 1919?—-A. Y'es; 
he was 29 years of age. 

Q. Do you know of your own knowledge what his age is’?—A. That is what 
he registered it. 

Q. You do not know whether he would be liable for poll tax or not?—A. Yes; 
he would be liable. 

Do .you know whether he is exempt or not?—A. No. 

Q. According to your best information both these parties are liable for poll 
tax are they not?—A. Well, yes; I would say so. I don’t remember Benlield’s 
age. 

ii. What is J. R. Lisle’s age?—A. He is about 39, I think. 

Q. You stat(^d thei’e was an affidavit as to the sickness of Mrs. SluTrill—will 
you state who signed that affidavit?—A. Mr. Ziegler bi'ought the absentee vote. 

lie made the affidavit. ' 

Q. Where is that affidavit now?—A. I got it misplaced. I didn’t have it in 

the list when I looked for it. 


820 


CAMPBELL VS. DOUGHTON. 


Q. You stated that Richard Westiuorelaiid was a resident of F>arrin,iJ:er.s 
Township?—A. Yes. 

Q. Had he lived there two years prioi' to the election on November 2, 1920?— 
A. Yes; he lived there all the time excei)t when he was workinj; at ditferent 
l)laces. He went backwards and forward.^ once every week. 

Q. Had he lived in the county six months ])recedinii: the election?—A. Yes. 

(}. You also stated that Oscar P>rown was a resident of P>arrinjrers Townshiji. 
I will ask you if you do not know as a matter of fact that he lives in A.she- 
ville?—A. He works up there but his home is with his father. He told me when 
he registered that he lived with his father and he comes backwar<ls and for¬ 
wards. and his furniture was there. 

(L How lon^t had he been liviiii? in Asheville?—A. I don't know. 

(}. Was his wife livinir with him in Asheville at that time?—A. No; she was 
livinji’ at Mr. Brown’s, Oscar’s father, in Barrintrers Town.ship. 

(}. I will a.sk you if she was not there on a visit':*—A. No. Mr. Brown told me 
she hadn't been away from there f<n- six months. Had been livinj; rif?ht there. 

Q. So all you know is what iMr. Brown told you about it?—A. AVhat Mr. Oscar 
and his father both told me. 

(}. Who was his wife before he married her?—A. She was a iMi.ss Wall. 

(}. Where did she come from?—A. T)‘outnian. 

(). 1 will ask you now if her i)eoi)le do not live in Troutman?—A. Yes; her 
people do. 

Q. And she is there visitinj; them as well as her husband's ])eople; is not that 
true?—A. T don’t know anythinjj about visitinu' her jumple. She was livins with 
]\Ir. Brown’s peo])le and had been, iMr. Brown told me, for six months when they 
registered. 

(}. How did Oscar Brown vote?-—A. Absentee. 

(}. Was the ticket mailed to you?—A. Yes. 

Q. AVhere was it mailed from'?—A. From Asheville. 

Q. Did he vote by certificate oi- ballot'?—A. By certificate. 

Q. Do you know who sij;ned that certificate as a witness?—A. I do not. 

Q. Do you know that had a Mfitness?—A. Yes; T fetched the certificates up 
here the other day and looked over them. I can fetch them aj^ain if you want 
them. , 

Q. Asheville is not in Iredell County, is it?—A. No. 

(}. You don’t know whether ]\[r. Brown sent that certificate or not, do .vou?—A. 
His name was to it. 

Redirect examination : 

Q. You do know Mr. Oscar Brown lives in Barrin^jers Township and it is his 
home'?—A. That is what he said. He lives with his father and his furniture is 
there yet. 

(). AA'hen he registered he took the oath that this was his home?—A. Yes. 

Q. AA'ill Cook, he is man 80 years of a.u'e and liable for poll tax, is he not?—A. 

A>s. 

Q. He is not exempt on account of i)overty, is he'?— A. No. 

Q. .1. R. Lisle, he is a man about 39 and liable for poll tax'?—A. Yes. 

Q. He had not been exemi)ted?—A. No. 

Q. .1. A. Benfield and .Tesse E. Overcash were examined by a .general order of 
the county board of elections of Ti’edell County'?—A. That is what I understood, 

Q. They were soldiers and exempt from i)ayment of ])oll tax?—A. Y>s. 

Recross-exam illation : 

Q. A^ou testified in the hearing? of .Tames I. Campbell, the contestant?—A. 
Yes. 

Q. You wei-e the Democratic rejjistrar from the precinct which you say you 
are?—A. A"es. 

Q. And as such reitistrar you were re,u'istrar for the election of 1920?—A. Yes. 

Q. You say Oscar rejjistered and took the oath of citizenship'?—A. Y"es. 

Q. Did he register before you?—A. Yes, 

Q. You say the county commissioners of this county exempted all the sol¬ 
diers?—A. That is what I understood they did. 

Q. Did you have any directions durinp: your rejtistration period to register 
them without paying poll tax?—A. I didn’t have anything to do with poll tax. 


CAMPBELL VS. DOUGHTON. 


827 


K. W. 
t‘<»Ilo\vs: 


ZIE(;LK1{, witiu'ss foi- the (‘ontestee, beiiif? duly 


s\v(»i-n. testified as 


Ifii'ect exaiiiiiiatioii hy ]\lr. Lewis: 

(>. Where (h) you liveV—A. Harriiiaei-s Township. 

i}. What is your iuother-iu-law\s a'iveii name, Mr. Ziegler?—A. Kfiie Sherrill. 

CL Did sho vote in the last eleevion?—A. Yes. 

CL Vote hy an absentee vote?—A. Yes; I carried it. 

CL ^ nil carried the letter over? She was sick and unable to attend the elec¬ 
tion?—A. Yes. 

CL You made the affidavit and i)ut it in there stating that she was sick?—A. 
Yes. 

CL And she was sick?—A. Yes. 

c}. Do you know when iNIrs. C.’alvin ^Morrow, wife of Calvin Morrow, regis¬ 
tered?—A. 1 know about the time. 

CL About when?—A. Either AA’ednesday or Thursday in October before the 
registration books closed—about the 19th or 20th. 

Cross-examination by Mr. Dulin : 

Q. How did Mrs. Sherrill vote, by ballot or by certificate?—A. The tickets 
was in the letter. She told my wife she wanted to vote just like we did. They 
was in the letter, and I took them out and they were Democratic tickets. 


CALVIN MORROM^ witness for the contestee, being duly sworn, testified as 
follows: 

'Direct examination by Mr. Lewis: 

Q. Where do you live?—A. Barringer’s Township. 

Q. You are the husband of Mrs. Calvin Morrow?—^A. Yes. 

Q. When did Mrs. Morrow register?—A. She registered on October 20, Wed¬ 
nesday night before the books closed the following Saturday. 

Q. Was your wife sick at that time?—A. Not exactly sick. 

Q. You went from your home to Mr. Ziegler’s?—A. Yes. I would have took 
her, but there had been something said about whooping cough and she didn’t 
want to go. 

Q. You had Mr. Ziegler to phone IMr. Houston to come?—A. I told Mr. 
Ospaugh first, but he never got the word, and I told Mr. Ziegler and he phoned. 
I sent for him to register my wife, and he did. 

Cross-examination by Mr. Dulin : 

Q. What took place when Mr. Houston arrived?—A. He just come and 
registered my wife and turned around and went back. 

C^. Did he have a book?—A. Yes. 

Q. Did he put her name on the book?—A. Yes. 

Q. What else did he do?—A. I never noticed anything else? 

Q. Nothing else done at all?—A. Not as I paid any attention to. 

Q. Did you register?—A. No, sir. I registered way back yonder and didn’t 
have to register. I have been living in the township all the time. 

Q. Did Mr. Houston administer the oath to your wife?—A. No. 

Redirect examination: 

Q. Mr. Houston knew you very well, did he not?—A. Yes. 

Q. And knew your wife? Knew she was a resident?—A. Yes; born and 
raised here. 

Q. And knew she was qualified to vote?—A. Yes. 


Miss EULALIA McLELLAND, deputy sheriff, witness for the contestee, 
being duly sworn, testified as follows: 

Direct examination by Mr. Lewis : 

Q. You are the deputy sheriff of Iredell County?—A. Yes. 

Q. Stay in the sheriff’s office?—A. Yes. 

Q. Have charge of the tax books of the county?—A. Yes. 

Q. You have taken oath as a deputy, I believe?—A. Yes. 

Q. Do you know AVill Cook; have you examined your records as to him?—' 
A. Yes. 

Q. AMiat does the record show?—A. He has not paid his tax. 

Q. In other words, the receipt is still on the books?—A. Y>s, 

Q. That is the tax for 1919?—A. Yes. 


828 


CAMPBELL VS. DOUGHTON. 


Q. There is a poll tax charjjed ajrainst him?—A. l^es. 

(}. As to J, R. Lisle, what does your record show as to him?—A. I find that 
Mr. Lisle paid, hnt no poll tax was charj?ed. 

Q. I will ask yon if he paid in Coddle Creek? Don’t yon find that the poll 
was paid November 6, 1020?—A. Yes. 

Q. It was not paid before the 1st day of May, 1920?—A. No; not paid. 

Q. J. A. Benfield, is there any record as to him in yoiir office?—A. No. 

Q. What about Jesse E. Overcash?—A. I could not find any record. 

Q. Yon searched all your recoi’ds in the county?—A. Yes; and could not 
find it. 

Cross-examination by ^Ir. Dulin : 

Q. As to J. R. Lisle, do you remember whether this was 1918 or 1919 tax that 
was paid on November 20?—A. 1919. 

Q. Did you look in Barringer’s Township to see if he had paid his poll tax in 
Barringer?—A. Yes. 

Q. Did you find he had paid one there?-—A. Not charged in Barringer. 

(}. What date was that payment made of the Barringer tax?—A. There is no 
tax charged in Barringer at all. 

Q. Did you do any work in connection with the list of voters which was 
charged in Mr. Doiighton’s answer that persons had failed to pay their polls 
for the 1919 taxes?—A. T do not understand the question. 

Q. There was a list compiled in your office for the contestee, R. L. Dougliton, 
as to Republicans who had failed to pay their poll tax for the year 1919 on or 
before May 1, 1920. What, if anything, did you have to do with making up 
that list?—A. T do not understand what you mean about the list. Do you 
mean whether they had paid or had not paid? 

Q. Col. A. D. Watts was in your office at one time getting information as to 
who had paid and who had m)t, and made up a list of the Republicans who had 
failed to pay their poll tax on or before ^lay 1, 1920, for the 1919 tax. Did you 
have anything to do with making up that list?—A. No. 

(}. He was in your office several days, was he not?—A. Not working on 
anything like that that T know of. He dropped in, ]Mr. Dulin. If Col. Watts 
made up a list, T do not know anything about it. He glanced over my records. 

(J. Do you remember how much time he put in in glancing over the records?— 
A. He was in several times and S])ent from 10 to IT) or 20 minutes at a time. 

Q. You did not have anything to do with making iq) that list?—A. No, sir. 

Redirect examination : 

(}. As a matter of fact. (’ol. Watts did not si)end as much as an hour and a 
half in youi- ofiico?—A. No; T do not think so. 

Ib'cross-examination : 

(}. Miss Eulalia, the same books that Col. Watts had access to in his investi¬ 
gation ill your office w«'re the ones the attorneys for the contestee" also had 
access to. were they not?—A. Yes. 

And he had those books to make the investigation?—A. And the.v made 
the investigation from the same identical books and records?—A. Yes. 

i). And what was ii' these re'"ords at that time Avas also in these records on 
the 1st day of iMay. 1920?—A. Yes. 

(>. Ri-ior to INlay 1, 1920. was there' in course of preparation in your office 
a prejmred list showing the i)aid i)olls of the county to be delivered to the clerk 
of the court of li'edell County?—A. Yes; there was such a list being ))repared. 

(^). Then, as a niattei' of fact, that list has never been pi‘esented, has it. to the 
clerk of the court?—A. 1 do not know. 

Q. Do you know who has that list?—A. No; T made the list, turned it over 
to the .sheriff, and that is all T can tell you about it. 

(}. Do you know that the sheriff has ever presented that list to the attorneys 
of the contestant?—A, T do not. T turned it ovei- to Mr, Alexander. 

(}. Is it in your office?—A. I do not know. I have not searched to see. T 
have not seen it since I gave it to the sheriff. 

Q, You never delivered it to the friends and investigating committee of the 
contestant, did you?—A. I did not. 

Redirect examination ; 

(}, Miss McLellaiid, you turned over your tax books to ^Ir. Dulin, the attor¬ 
ney for Mr. Campbell?—A. Yes. 

Q. He kept them in his office several days?—A. Had access to them when 
he wanted to; yes. 


CAMPBELL VS. DOUGHTON. 


82 D 


Q. PxJtli sides wei-e ti-eated absolutely alike?—A. Yes. 

(-i. \ou prepared a list showing- tlie names of all the voters who had paid 
their i)oll tax before May 1, 19-0, ami .aave that t(> Mr. Alexander?—A. Yes. 

Q. As a matter of fact, the chairman of the Ilepnblican Party and the chair¬ 
man of the Democratic I'arty entered into an a.areement not to challenj^e anyone 
for the noni)aynient of poll tax?—A. Yes. 

Q. And for that reason Mr. Alexander did not turn it over to the clerk?— 
A. Yes. 

Q. Yon never made any list and turned it over to the attorneys for Mr. 
Donjihton?—A. No. 

Q. The list yon prepared for the sheriff was not turned over to the attorneys 
or to Mr. Donj^hton?—A. Not to my knowledjte; no. 

Q. In other words, both sides had the same chance at the tax books?—A. lY's. 

Kecross-examination : 

Q. Yon are aware of the fact that 1 asked yon for the book in which yon 
made daily entries of those who had paid taxes in Iredell Comity, and each 
time I made the request yon told me it was not in yoni' office, that the auditors 
had it, and that yon would make an attempt to ffiid it. Is not that true?— 
A\ Yes. 

Q. Afterwards I saw yon and asked yon if yon had made a diligent search 
for this book, and yon told me frankly and candidly that .von had -not. Is 
not that true?—A. Yes. 

Q. That being true, we have not had access to the entire records in tlu^ 
sherilf’s office?—A. No; neither has the other side. My book is my private 
re(*ord, and no one gets it. 

Q. The books that yon keep the daily entries of money coming into the 
sheriff’s office of Iredell County yon consider as a private record?—A. Yes; 
neither side has had access to it. 

Q. The entries made in this book are moneys collected from the tax{)ayers 
of Iredell County?—A. Yes; that is true of this book yon call the daybook. 
That book is a general charge and exact cop.v of the tax book and wheiv 1 
enter what I take in each day. 

Q. Blit the money taken in and entered on this book belongs to the eonnty, 
does it not.? It does not belong to yon?—A. It belongs to the county. 

Q. Do yon know where that book is now?—A. I do. 

Q. Is it in the sheriff’s office?—A. It is. 

Q. Will yon prodin-e it for this hearing?—A. I will pi-odnce it with the 
understanding that I kept it myself. 

Redirect examination ; 

Q. Yon keep the books yon are i-eqnired to keep. This private book is 
no^ required by law.—A. We could get along without it. I am not required 
to keep this other book. 

Q. Yon keep all the books the law requires and they are open to the i)nbli(‘ 
foi- inspection? That book yon keep by townships?—A. Yes. 

And as a taxpayer would pay yon entered it on your cash book?—A. Yes. 

Q. Now, it is necessary for yon to keep that book all the time, because the 
taxiiayers might come in through the day?—A. Yes. 

(). And yon could not allow it to go ont on account of the inconvenience it 
would cause in keeping the cash matters straight?—A. No. 

Recross-examination ; 

Q. Yon let me have the tax books of the various townships?—A. Y^es. 

(1 And those records made in those tax books are correct?—A. Yes; to the 
best of my knowledge. 

Q. And yon had nothing to conceal, but yon didn’t care for me to see those 
records. The entries made in your daybook—are those entries correct?—A. Yes. 

Q. What objection did yon have for the attorneys for contestant or anybody 
else to .see those entries?—A. It is my private record. 

Q. Have yon got any memorandum in regard to love affairs?—A. Nothing 
whatever; strictly business. 

Q. Nothing in that book except entries made containing the names and amount 
of taxes?—A. That is all. 

Q. Just what is your objection. Miss Eulalia, to my seeing that book?—A. I 
have no objection to anyone looking at the book, but it does not leave my office. 

Q. What is your objection to letting it leave your office. Y^on let other records 
in your office leave.—A. It is a private record. 


830 


CAMPBELL VS. DOUGHTON. 


Q. Yon consider it private?—A. We are not required to keep this book. We 
do it to keep our cashbook straight. 

Q. As a matter of fact, you keep that in your office for tlie purpose of keeping 
your cash straight?—A. Yes. 

Q. It is necessary to have that book to effect a good system of bookkeeping?— 
A. I could get along without it; but it makes my work easier, and I keep it. 

Q. Other business, you know—do they have a daybook in which they keep 
daily entries?—A. I do not know anything about other businesses. 

Q. You have not had experience in keeping books?—A. Only in the sheriff’s 
office. I have found the book keeps my cash straight. 

Q. At the end of each day’s business you add up the amounts on this book 
and check it with the cash and other papers you have taken in during the day?— 
A. Yes. 

Q. And after vou have done that you deposit that amount, do you not?— 
A. Yes. 

Q. When do you make that deposit?—A. As a rule, we make it the same day. 

Q. If there is a mistake appearing in your records, by keeping th^s book you 
are enabled to catch that error each day?—A. Yes. 

Q. And at the end of three or four or six years there might be a considerable 
discrepancy that might reflect on the character of the sheriff?—A. Not with this 
book; no, sir. 

Redirect examination: 

Q. You have other hooks there that have the same records?—A. Yes. 

Q. Those are the public records?—A. Yes. 

Q. And they can get all the information they want from them ?—A. Yes. 

Q. And you have produced them, have you not, and the information in that 
is identical with the other?—A. Yes. 

Q. The dates, names, and amounts?—A. Yes. 

Recross-examination: 

Q. That being the case, there could not be any reasonable objection to anybody 
seeing that book?—A. It is not necessary. The other is an exact copy. 

Q. That is your opinion, and does not satisfy other people. If it is identical 
with the other records, it strikes me it would be only fair to you and fair to 
everybody else ceimected to let any and every body see it.—A. It satisfies l)road- 
minded people. 

Q. The world is full of narrow-minded people, and for that reason that book 
ought to be shown. 

Redirect examination: 

Q. W, T. Campbell—examine the record in regard to him. What do you 
And?—A. Not paid. 

Q. In other words, a poll tax is charged against him now?—A. Yes. 

Q. What is the next name on the record?—A. A. R. Cheek. 

Q. Did you examine the record as to him?—A. Yes. 

Q. AVhat do you find?—A. Not paid. 

Q. Is the tax charged against him now?—A. Yes. 

Q. That is the tax for 1919?—A. Yes. 

Q. What is the next name?—A. ,T. C. Shumaker. 

Q. What do you find in regard to Mr. Shumaker?—^A. I do not find him 
charged anywliere in the county. 

Q. In other words, there is no tax charged against him anywhere in the 
county?—A. No. 

Q. ,T. I. Lotharp, 29, soldier, discharged after May 1, 1919?—A. No tax 
charged. 

Q. D. P. Summer, 25 years of age, a soldier discharged after May 1, 1919?— 
A. The record does not show any tax. 

Q. Harrison Wooten, a soldier, dischargetl. Do you find any tax charged 
against him?—A. No, sir. 

Q. So you don’t find that Mr. Lotharp. IMr. Summer, or Mr. Wooten had any 
tax charged against them any place in the county?—A. No. 

• Recross-examination: 

Q. Do you know what time Mr. Lotharp was discharged from the Army?—A. I 
do not. 

Q. Mr. Summer?—A. I haven’t the records. 

Q. Do you know what time Mr. Wooten was discharged?—A. No. 


(’am:^bell ys. doughton. 831 

Q. Do you know wlietlier they paid in any other county or not?—A. I do not 
know anything about that. 

C. H. KNOX, witness for the contestee, being duly sworn, testified as follows: 

Direct examination by Mr. Lewis : 

Q. ]N[r. Knox, do you live in Cool Spring Township?—A. Yes. 

Q. What were your official duties in regard to the election on November 2, 
1920?—A. Registrar. 

(i. Do you know Mr. W. T. Campbell?—A. Yes. 

Q. Was he of poll-tax age for tlie year 1919?—A. Yes. 

Q. He is about 30?—A. Yes. 

Q. Did he vote at the last general election?—A. He did. 

Q. How did he vote?—A. Republican. 

Q. Did he vote for Mr. Campbell, the contestant?—^A. Yes. 

Q. Do you know A. R. Cheek?—A. Yes. 

Q. He is a man about 37 years old?—A, Yes. TZ- ■ 

Q. He is within poll-tax age and was for the year 1919?—A. Yes. 

Q. Did he vote?—A. Yes. ^ 

Q. How?—A. Republican. 

Q. Did he vote for Mr. Campbell, the contestant?—A. I suppose so. 

Q. J. C. Shumaker—do vou know him?—A. Yes. 

Q. About 42?—A. Yes. : 

Q. Did he vote in the last general election?—A. Yes. ^ 

Q. How?—A. Republican ticket. 

Q. And for INIr. Campbell?—A. Yes. 

Q. J. I. Lotharp—he was a soldier?—A. Yes. 

Q. He was discharged after May 1, 1919?—A. Yes. Z 

Q. He is within poll-tax age?—A. Yes. Z ' 

Q. Did he vote?-—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. , ; 

Q. D. P. Summer—was he a soldier discharged after May 1?—A. Yes. 

Q. He is within poll-tax age?—A. Yes. 

Q. And voted for Dr. Campbell?—A. Yes. 

Q. Harrison Wooten—he is a soldier. He was discharged before May 1, 
1919?—A. Discharged in March, 1919. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. All these parties are of poll-tax age?—A. Yes. 

Q. The soldiers who were discharged after May 1 were exempted from paying 
poll tax by the commissioners of Iredell County?—A. That is my understanding. 
Q. Did R. E. Garris vote?—A. Yes. 

Q. How?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Did the parties whose names I have .iust called live in Iredell County on 
May 1, 1919, and should have made their poll-tax return in said county?— 
A. Yes. 

Cross-examination by ]Mr. Dulin : 

Q. You say J. C. Shumaker voted in your township?—A. Yes. 

Q. In registering these people you administered the oath to all?—A. Yes. 

Q. Were these parties you have named here challenged on election day?— 
A. We had a discussion as"to :Mr. Garris. He was the only one. 

Q. Did you swear him?—A. No. 

Q. Wliat was your purpose in challenging him?—A. Convicted of a felony. 

Q. These other'parties—did you swear them as to whether they had paid?— 
A. No. 

Q. You say the county commissioners exempted the soldiers from the payment 
of i)oll tax where they" were discharged after May 1, 1919?—A. That was my 
understanding. 

Q. Where did you get your understanding?—A. It was generally talked all 
over the county. 

Q. Was that all the authority you had to exempt these people?—A. I felt 
that that was sufficient and was satisfied with it. 

Q. How did you know when a person was discharged after May 1?—A. We 
didn’t challenge them for any cause in regard to the poll tax. 



832 


CAMPBELL YS. DOUGHTON. 


' Q. What is the i)iirpose of insertinji’ the coiniiiissioiiers’ ruling: if you think 
they would be exempt if they were diseharj'ed after May 1?—A, They made 
tliat rule before you fellows entered into that af>i’eenient. 

Q. \Muit date was that aftreement madeV—A. I can not tell you as to that. 
I understand it is in writing. 

(). When did you (piit usinji' your knowledfte as to the county «'ommissioners’ 
agreement?—A. I never begun yet. 

Q. Why di<l you testify, then, that there was such an agreement? —A. I read 
it in the C(mnty papers. 

(1. Do you know that these gentlemen did not pay their poll tax anywdiere 
else?—A. No. 

(J. If you had sworn them before voting, would you have been able to find 
out?—A.’ If I had sworn them before voting, I suppo.se they would have sworn 
the truth. 

Q. And if they had not paid anywhere else you would have known?—A. 
Certainly. 

C^. Do you know M. A. ('reedmore?—A. I don't believe I know any Creed- 
more witli initials like that. 

Q. How did he vote?—A. I don't know anybody like that. 

(}. Was he registei-ed?—A. 1 think not. I (!(► not remember anybody like 
that. 

i}. Do you know Mrs. D. A. Fry?—A. Yes, 

How did she vote?—A. Democratic ticket. 

i}. ^Yas she on the registration book?—A. She is, 

(2. Have you the registration book with you?— X. I have not. 

(^). Will yon swear her name appears on the registration book?—A. What 
is her initials? 

Q. Mrs. D. A, Fi’.v.—A. I will sweai- that INIrs. Fiy’s name is on there. 
^Vhether it is Mivs. D. A. or her own initials I’ am not sure. 

Q. Do you mean to swear that Mr.s. D. A. Fry is on the registration book?— 
There is only one iMrs. Fi-y in the township, and her name is on the re.gistration 
book. 

Q. Ml’S. D. A. Fry. voted the Democratic ticket?—A. INTrs. Fry did. 1 think 
she I’egistered as L. K. P''ry. 

Q. Do you know Miss IMabel (luffe.v?—A. I do. 

Q. How did she vote?—A. I think she'voted the Democratic ticket. 

(}. Would you swear that she is registered?—A. I would. 

(). You would swear that she is on the registration book in Cool Spring 
Townshi])?—A. I think .so. I think it would be safe. There are two of thos(' 
girls, and I get them confused sometimes. 

Q. Do you know INIrs. C. I*! Holland?—A. I do. 

(}. How did! she vote?—A. Democratic ticket. 

Q. Is she registered?—A. She is. 

Q. Will you swear that her name appears on the registration book?—A. I 
will swear it ajipears on there as she was during registration period. She has 
changed her name between registering period and voting period. 

Redirect examination: 

i}. There are three Fr.vs—Mrs. L. K.. IMiss PIlizabeth, and Miss Loula. These 
are the only Frys registered?—A. Yes. ’ 

Q. As to the Guffeys, Miss Grace is registered?—A. Yes. 

(}. ]\Irs. C. P. Holland was Miss Elizabeth INIoore and registered in your 
township and is a legal voter?—A. Yes. 

J. C. SHFMAKPIU, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. I.,ewis : 

(}. Where do you live?—A. Cool Springs Township, near Providence Church. 

Q. What is your age?—A. Forty-two. 

Q. Y^ou voted for Dr. Campbell on the Republican ticket?—A. Yes. 

(}. IMi*. Shumaker, you were indicted for bigamy in the courts of Iredell 
(\)unty under the name of .1. C. Shumaker?—A. Yes. 

Q. About when was that?—A. 191G. 

Q. Have you ever been I’estored to citizenship?—A. No. 

(Contestee’s attorneys ])resent minute docket No. 15, p. 58 of the records 
of the superior court of Iredell County, No. 69, State v. J. C. Shumaker, 


('A.MPBELL VS. l)()U(JHT()N. 


833 


plead jinilty. It is order'd by the court that U(‘ be coiitiiied in the 
eoiumon jail oj- Iredell ('ouiity for a term of two years and is assi;i;,iied to work 
on the public roa-ds of Iivdell t'ounty durinfi; the term of Ids iniprisoiunent. 
“ If any pei>^on haviiij;- married, sliall marry any other person during; the lile 
of the former husband or wife where tlie second marriajte shall have tjiJien 
I)lace in tlie Statt' of North ('ai’oliiui or elsewliere, every such offemler and 
every person aidinji’ or abbettinj;' such offender shall be ftiulty of a felony ^<.nd 
imprisoned in the State’s pidson or county jail for a term not less tliaii 4 
months nor more than Id years.’’ (lievisal IdOo. :sec. 

Section dBlo of the eh'ction law' of North Carolina: 

Who }nan rote .—“The followin.a' classes of persons shall not be allow(‘d to 
rejtister or vote in this State, to wit: First, iversons under 21 years of .ajie; 
sec<uid, idiots and lunatics; third, persojis w'ho haA'e V)een convicted or con- 
fe.sNsed theii* jiuilt in op(m court upon indictment of any ci'ime the i)unishment 
of which is now or may hereafter be iin]n‘isonment in the State’s prison, unless 
such i)erson shall have b(‘en restoi*('d to citlzejiship in ttie aitanner prescribed 
by law.’’) 

Mr. Shumakei-. who asked you to vote?—A. Mr. .T. R. T.azenby. 

Q. Is he a Republican?—A. Yes. 

(}. What did he tell you?—A. He said Mr. .John Sharpe said it would be all 
right for him to vote. 

Q. Mr. Lazenby told you that Mr. Sharpe .said it would be all right for him to 
vote?—A. Yes. 

Q. Who is Mr. John Shari)e? Is he the Republican chairman of Iredell 
County?—A. Yes. 

Q. He sent you wmrd it would be all right to vote?—A. Said I had a perfect 
right to vote. 

Q. And for that reason you voted?—A. Y"es; if it hadn’t been for that, I would 
not have voted. 

Q. This is the first .general election you voted in since your indictment?— 
A. Yes. 

(Contestant objects to all questions and answers based upon hearsay evidence 
as to Mr. Shumaker.) 

Cross-examination by Mr. Adams : 

Q. I will ask you now, as a matter of fact, if you did not vote the Democratic 
ticket two years ago?—A. That was no real election. 

Q. What kind of an election was it?—A. County election. I voted for Mr. 
Doughton two years ago. 

Q. They didn’t read the Constitution to you then?—A. No. 

Q. When were you convicted of this crime?—A. Which crime? 

Q. That they read the judgment to you?—A. 1910. 

Q. That was before you voted two years ago?—A, Certainly. 

Redirect examination: 

Q. You did not vote in the general election?—A. That was the primary. 

Q. You never voted in a general election?—A. There was no general election. 

Q. And you were not registered ?—A. No. 

Recross-examination: 

Q. That was a Democratic primary?—A. It certainly was. 

Q. There were no Republican candidates?—A. No. 

Q. And they permitted you to vote?—A. There was nothing said about it. 

J. R. LAZENBY, witness for the contestee, being duly sworn, testitied as 
follows: 

Direct examination by Mr. Lewis : 

Q. iNIr. Shumaker, the person who was on the stand, he lives on your place?— 
A Ygs 

*Q. You took him to the last election and voted him?—A. He went with me. 

Q. You are a Republican?—A. Yes. 

Q. Did you come to Statesville and .see Mr. Shari)e about the matter?—A. Yes. 

Q. What did he tell you?—A. He told me he had not committed a felony and 

he had a right to vote. . , ^ 

Q. That is Mr. John M. Sharpe, the Republican chairman of Iredell County, 

who told you Mr. Shumaker had a right to vote?—A. Y^es. 

Q. And for that reason you voted?—A. Yes. 

57095—21-53 



834 


CAMPBELL VS. DOUGHTOX. 


Cross-examination by Mr. Dulin : 

Q. Were you here at the time Mr. Shumaker was tried for this crime?—A. No. 

Q. And you do not know of your own knowledge that he had been convicted 
of a crime that would disqualify him to vote?—A. Yes; I knew it, and that is 
the reason I inquired. I talked to Shumaker about it. 

Q. But you don’t pretend to say you know what crimes disqualify a man to 
vote?—A. No. 

Q. That is a question of law, and you know nothing about it?—A. No. 

Q. Mr. Sharpe is a layman just like you are?—A. Yes. 

Redirect examination: 

Q. You knew what he was indicted for?—A. Yes. 

Q. He was indicted for bigamy?—^A. Yes. 

Q. You told Mr. Sharpe that?—A. I told him what he was on the gang for. 

Q. And then, notwithstanding you told him he was on the gang for bigamy, 
he told you he was entitled to \ ote?—A. Yes. 

Recross-examination: 

Q. You did not tell Mr. Sharpe he had committed a felony?—A. No. 

Q. You knew this gentleman was not confined in the State’s prison at 
Raleigh?—A. I knew that. 

Q. You knew he was on the county roads?—A. Yes. 

R. E. GARRIS, witness for the contestee, being duly sworn, testified as 
follow^s: 

Direct examination by Mr. Lewis : 

Q. Mr. Garris, were you ever indicted and convicted of any crime?—A. Yes. 

Q. What was the sentence of the court?—A. State penitentiary for two years. 

Q. You voted in the last general election?—A. Yes. 

Q. In Cool Spring Townshi])?—A. Yes. 

Q. Did you vote the Republican ticket?—A. Yes. 

Q. Voted for Dr. Campbell for Congress?—A. Yes. 

(j. You worked your sentence out all but three months?—A. Yes. 

(). You were indicted for larceny of a plow and ax?—A. Yes. 

Q. And convicted?—A. Yes. 

Q. How many years ago has that been?—A. I do not recollect. It has been, I 
expect. .So years ago. 

Q. Did you make application through the Superior Court of Iredell County 
to be restored to citizenship?—A. No. 

Q. You were not pardoned; you worked your time out?—A. Well, Mr. Stike- 
leather. he went through an operation and returned and said I was restored to 
my citizenship. Ca]it. Stikeleather gave me a paper. I lost the paper. I don’t 
know who it was from. 

(^. You never applied through the courts to be restored to citizenship?—A. No ; 
I didn’t know T had to do that. 

Q. And voted, thinking you had a right to?—A. Yes. 

Cross-examination by Mr. Adams: 

Q. You did ap])ly to .Tudge Stikeleather, did you not?—A. He .just told me if 1 
would vote he would have me restored, and in a few days after that I saw him 
and he said I was restored to my citizenship, and he give me a paper showing I 
was. T didn’t vote that election after all. I would not go and vote. He tried 
to get me to. 

Q. Who had signed that paper, do you know?—A. No. T can not read. 

Q. Yoti do not know whether it was a judge of the superior court or not?— 
A. No. 

Q. Mr. Stikeleather is an honorable man in his community?—A. I thought 
he was. 

O. He was a captain in the Army?—A. Yes. 

Q. He is a reliable citizen in that community?—A. Yes; he was well 

thought of. . , ^ . 

O. And the contents of that certitic.ate were that you were restored to citizen¬ 
ship?—A. Yes. 

Q. How long have you been voting sin(*e?—A. I have not voted but one time, 
d voted last fall. I have not wanted to vote. 

Q. You voted one time before this?—A. No; just one time, last fall. 


CAMPBELL VS. DOUGHTOX. 


835 


Redirect exaniinatioii: 

Q. Who asked you to vote?—A. No one at all. 

Q. \ou say you saw Capt. Stikeleather in a day or two?—A. In a few days. 
I don’t recollect. 

Q. And he told you you were restored, and you could vote if you wanted to?— 
A. He jtive me a (*ertiticate, hut 1 can not read and didn’t know what was on it. 
I just laid it away, hut his intention was for me to vote the Democi'atic ticket, 
but my father was never a Democrat and, on that account, I would not vote at 
all. Never did vote until last fall. 

(}. C’apt. Stikeleather was no jud.ue of the superior court. He was a private 
citizen?—A. I could not tell you that. I don’t know. 

Recros.s-examination ; 

Q. You say he was driving you this restoration to citizenship so you could vote 
the l)(Mnocratic ticket’.''—A. Yes; he w;)s a stroni*: Democrat. 

C>. And that is what his intention was’?—A. T studied the matter over and my 
wife said if she was in my jdace she would not vote at all rather than vote thu 
Democratic ticket, as none of my people were Democrats. I never voted until 
last fall. 

Q. YYui believed at the time you were voting, and still believe, that you had a 
right to vote?—A. Yes; T can not help hut believe it. He. give me a plain certiti- 
cate. hut I can’t I'ead. I i)Ut it away and got it lost in moving around. 

Q. Capt. Stikeleather told you it was a certificate restoring you to citizen¬ 
ship’?—A. Y’es ; he said, “ Take care of this; it is your citizenship.” 

Redirect examination ; 

Q. About when was this, how many years ago?—A. Near 1889; I don’t re- 
Tuemher. 

(). You told me it was about 18 years.—A. YY'S; it has been 18 years. 

Q. So 18 or 20 years ago he was a Republican?—A. Not that I know of. He 
claims to be a Democrat. 

Q. About 18 years ago he was a Republican?—A. 1 don’t know. He claimed 
to be a Democrat. I do not know how he voted. 


,1. A. RRADFOItD, witness for the contestee, being d\dy sworn, testihiMl as 
follows: 

Direct examination by IMr. Lewis: 

Q. You are a resident of Shiloh Township. Iredell County?—A. YT'S. 

Q. And voted there in the last election?—A. YT'S. 

Q. Were you registrar in the last election, November 2. 1920?—A. Y>s. 

Q. Do you know Col. A. D. Watts?—A. I do. 

Q. How long have you known him?—A. All my life. 

6. Where has he voted since you have known him?—A. Shiloh Township. 

Q, Every election in Shiloh Township?—A. Yes. 

(). (Maims that as his residence, does he not?—A. YT^s. 

Makes his tax returns there?—A. Yes. 

AVhen he ])aid poll tax he paid it there?—A. Y"es. 

Owns ])i‘operty there?—A. Y"es. 

He was born and raised in Shiloh and has kept his home there all his life?— 


Q. 

Q. 

Q. 

Q. 

A. Yes. 

(}. He 
Q. He 
A. Y'es. 

(}. He 
Ca rolina 
(). And 


is an unmarried man?—A. Y^es. 

truvpls from to —Cliorlotto, nsliiiiiiton, illo, otc.. 

was collector of internal revenue for the western district of North 
under Wilson’s administration?—A. Yes. 

worked for Senator Simmons for a number of years in Washington 


c:ty 

Q. 

Q. 

(>. 

Q. 

Q 


—A. Y>s. 

Do you know R. W. ^Morrow?—A. T do. 

Did he vote in the last election’?—A. Y"es. 

How did he vote?—A. Republican ticket. 

Was he registered?—A. No. . i ^ ^ 

How did he come to vote?—A. 1 suppose be had neen iiersuaded to vote. 

(). Wer(‘ you ])resent when he voted? . . x 

TContestant olijects to the wTiu'SS testifying to supposition.) 

f). Yon examined the poll books of the county? A. Yes. 

(M. And he voted?—A. Y"es. 


886 


('AMPBELL VS. DOUGPITOX. 


Q. Do yon know Mr. and Mrs. G. P. Wilkins?—A. I do. 

Q. Did they vote in the last i;eiieral election?—A. Yes. 

Q. How?—A. Uepiihlican ticket. 

(i. Wheiv do they live?—A. Gatawha (dainty. 

(>. When* did they live on the day of election?—A. (’atawha County. 

Q. How did they vote?—A. Kei)ul)lican ticket. 

Q. And f(»r Dr. C-ainphell?—A. l"es. 

C^). Do you know Mrs. A. A. Isenhower?—A. I do. 

CJ. Did she vote in Shiloh Townshii)?—A. Yes. 

Q. How did she vote?—A. Keimhlican ticket. 

ii. And for Dr. (’aniphell?—A. Yes. 

Q. When* is her residence?—A. She lives in Catawba. 

Q. Have you ever had a conversation with Mrs. Isenhower about the matter; 
if so, tell us about it? 

(Contestant objects to any statement or answer to any question based upon 
hearsay testimony.) 

A. She come to my home to rej?ister, and I asked her some (piestions about 
where she lived and who she was, and she told me, and I asked her how lonjr 
she had la*en living over there, and she told me, and I asked something about 
why she did not register there, ainl she said Mr. Hewitt would not let her. He 
was registrar in Catawba ('ounty. 

Q. As a matter of fact, she had moved out of Iredell (dainty to (’atawha and 
Innln’t be(‘n there six namths?—A. Yes. 

And she being a lady, you let her vote?—A. Yes. 

Q. Do you know Mrs. W. K. Pope?—A. Yes. 

Q. Did she vote in the last general election?—A. Yes. 

How did she vote?—A. Republican ticket. 

Q. And for Dr. (Campbell?—A. Y'es. 

(J. Did she come to you to register?—A. Yes. 

(.}. Tell me how you registered her?—A. Well, that morning, the day she reg- 
' istered, I worked awhile. I had been trying to get there about 7 o’clock, and 
when I went to start I could not get my Ford started and was late. When I 
got there there was a large bunch—about 50—there to register, and some of the 
women seemed to he a little tiniMl and didn't care alxait answering the (pies- 
tions. Just at that time Mr. Gantt .stei)ped up and was kind of furnishing the 
information, and if they didn't answer when I asked them Mr. Gantt would 
answer the questions. 

Q. What Ml', (iantt?—A. W. B. Gantt. 

(}. Isn’t he a leading Republican in the township?—A. Yes. 

Q. He gave you her name in the crowd, and .she was not actually present, 
and you thouglit she was present?—A. Yes. I didn't pay much attention to it 
to tell the truth. I didn’t look close at all. He called the name, and I looked 
up. but 1 didn’t st^e Mrs. Pojie. I put her name on the book. 

Q. He gave you her name?—A. Yes. 

Q. Do you know Jule Byers?—A. I do. 

(). He is a man years of age?—A. Yes. 

Q. He was liable for jioll tax for 1919?—A. Yes. 

(}. Did he vote in the last general election on November 2, 1920?—A. Yes. 

Q. How did he vote?-—A. Republican ticket. 

(y And for Dr. (’ampbell?—A. Yes. 

Q. Do you know W. G. Bentield, a .soldier?—A. I do. 

Q. He is a man about 82?—A. Yes. 

Q. Do you know his politics?—A. I do. 

Q. How did he vote?—A. Republican ticket. 

(). Did he vote for Dr. C’ampbell for (’ongress*?—A. He did. 

(). Do you know M. B. Blankenship, about 26 years of age?—A. Yes. 

(J. How did he vote?—A. Republican ticket. 

Voted for Dr. Campbell?—A. He did. 

(}. Do you know M. L. Gantt?—A. I do: he is a man around 42. 

Q. He is liable for poll tax for 1919?—A. Yes. 

Q. Did he vote?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

<5. And for Dr. Campbell?—A. Yes. 

Q. Do you know A. G. Stewart, 31 ?—A. I do. 

Q. Did he vote in the last general election?—A. He did. 

Q. How?—A. Republican ticket. 


CAMPBELL VS. DOUGHTON. 


837 


<l And for Dr. CaiiiphellV—A. Yes. 

Q. Do you know J. M'. SipeV—A. I do. 

Q. He is u man around 25 years?—A. Yes. 

Q. Did he vote in the last general election?—A. He did. 

Q. How did he vote?—A. Kepublican ticket. 

Q. Did he vote for Dr. Cainphell?—A. Yes. 

Q. Do you kuow W. (J. Stephenson?—A. Yes. 

Q. About 25 years old?—A. Yes. 

Q. Liable for poll tax for the vear 1919?—A. Yes. 

Q. Did he vote?—A. He did. * 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know G. 1*. W'ilkins?—A. Yes. 

Q. About 38?—A. Yes. 

Q. Did he vote on November 2, 1920?—A. Yes. 

D. How?—A. Kepublican .ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. He is liable for poll tax?—A. Yes. 

Q. Do you know A. C. Aldred^e, a soIdi(*r who was discliai'ged fr<mi the Army 
after May 1. 1919?—A. Yes. 

Q. Do you know Lester B. Anderson, 23, a soldier discharged after Mav 1, 
1919?—A. Yes. 

Q. These people are within poll-tax ajte?—A. Yes. 

Q. Do you know D. Brown, 27 years old, a soldier discharged after Mav 1, 
1919?—A. Yes. 

Q. Do you know O. H. Bost, 28 years old, a soldier discharged after Mav 1, 
1919?—A. Yes. 

Q. Do you know W. E. Koseman, 2.5 years old, a soldier discharged after May 
1, 1919?—A. Yes. 

Q. Do you know 1*. :m. Kaymer, 28, a soldier discharged after Mav 1, 1919?— 
A. Ye.s. 

Q. Do you know Martin Sipe? He is 31. and a discharged soldier, after ]Mav 
1, 1919?—A. Yes. 

Q. Now, ]Mr. Bradfoi'd, these soldiers that I called all voted in the last election 
on November 2, 1920?—A. Yes. 

Q. Voted for the contestant. Dr. Cami)bell?—A. Yes. 

Q. And the contestee, K. L. Doughton, does not challenge these soldiers for the 
nonpayment of poll taxes?—A. No. 

You went around to see these parties?—A. Yes. 

(}. They are all residents of Iredell County, in your township?—A. Yes. 

Cross-examination by Mr. Adams: 

Q. Y'ou state that these soldiers whose names you have called were discharged 
after May 1, 1919?-A. I did. 

Q. Do you know of your own knowleilge?—A. Yes. I went to see them all, 
Mr. Adams. 

Q. As to those who were not dis(‘harged prior to that time, were they liable 
for poll tax in your precinct?—A. Y^es. I think so, if I understand it. I read it 
in the papers about the commissioners exempting the soldiers from paying poll 
tax. It was generally talked. I have no record to show that they dhl exempt 
them. I read it in the papers. 

Q. Upon what grounds were thos*e being discharged after May 1, 1919. dis¬ 
charged, if you know?—A. ]My best information is this: If they were discharged 
before May I, 1919, they were liable to make a return and pay poll tax. 

Q. That was your understanding?—A. Yes. 

Q. Then the exemption of .soldiers in this county, to the best of your under¬ 
standing, was not merely becau.se of the fact that they were .soldiers?—A. Yes; 
that was the only ground. 

Q. That is your idea. State for the benetit of the record why those being dis¬ 
charged prior to JMay 1 were not exempt?—A. If I understand it, they were nT)t 
to be exemided ad the time. .lust one year. .In.st for 1919, if they were in service 
after May 1. 

Q. Do you know of your own knowledge that many wei*e discharged prior to 
May 1?—A. Certainly, If I understand it they were to be exempt from paying 
poll tax if they were in .service prior to May 1, 1919. 

Q. What did you state about Ralph W. Morrow’.? vote?—A. He was not regis¬ 
tered. 


838 


C’AMPBELL VS. DOUGHTON. 


Q. Did he vote there that day?—A. Yes. 

ty Did yon have tlie rejjistration hook in eharjjeV—A. Yes; T liad jrone home 
after my father and mother to take them to vote. 

Q. I believe yon stated he voted the Republican ticket?—A. Yes, 

Q. Yon wonld most assnredlv liave cliallenjjed him if yon liad been there?— 
A. Yes. 

Q. I believe yon stated he voted for Dr. Campbell?—A. Yes. 

Q. And now yon state yon were away when he voted?—A. Yes. I am pretty 
snre he voted the Republican ticket. 

Q. Are you just as snre of all these facts as yon are of that fact?—A. Yes. 

Q. T will ask yon who came to the election grounds with Ralph W. Morrow 
that day?—A, I can not say. 

Q. Do yon know, since yon are testifying on information, that iie was brought 
There to vote the Democratic ticket?—A. I do not know anything about that. 

Q. Do you know that he was told he was registered?—A, I do not. 

Q. I believe yon testihed that A. D. Watts was also a citizen of that locality?— 
A. Why, certainly he is. 

Q. I believe yon testified he had property there?—A. He has had until last 
year; think probably he sold it last year. I don’t think it has been two years. 

(}. Do yon know where he has been sleeping?—A. No; he might sleep here 
one night, in Charlotte the next, Washington the next, and so on, 

Q. As a matter of fact, have yon known him to be in Shiloh in the last two 
years except election time or some campaign?—A, Yes; he comes around to stir 
up the air. 

Q. He is not a married man?—A. No; hut this is his place of citizenship. 
There is no doubt about it. 

Q. You are judging that by his visits there to vote, or by his actual place of 
residence, or what?—A. He is a taxpayer in Shiloh Township. He owns prop¬ 
erty there. I am not certain as to the date he sold his farm, and I am not certain 
he sold it all. but he has sold a part of it. I don’t think it has been two years. 

Q. He has been in Charlotte a good part of the time?—A. Yea. . 

(,]. It is out of this congressional district?—A. Yes. 

(). Has a business there?—A. He is in Charlotte—first one place and then 
another. He has been working as tax assessor. 

Q. Well, did he actually live in that township or in the county six months 
next preceding the election?—A. He has not been here every night and every 
day, but there is no doubt about his citizenship. 

Q. If yon judge by his actions, he has been living somewhere else?—A. No; I 
believe I will stand on this until Gabriel blows. I know this is his home. 

Q. What oath do yon administer to tlie citizens of your townshi}3—that they 
have been residents of the State two years, the county six months, and of the 
precinct four months? Do yon think IMr. Watts can make that oath?—A. There 
is no doubt about that man being a resident. You know that man as well 
as I do. 

Q. What name did you testify you put on the books at the suggestion of Mr, 
Gantt?—A. IMrs. W. K. Pope. 

Q. Did W. K. Pope himself suggest some names for you to put on?—A. I can 
not remember. I can not answer. 

Q. You put INIrs. W. K. Pope on at the suggestion of Mr. Gantt?—A. I did. 

Q. Where was Ivirs. W. K. Pope at that time?—A. I think she was at home. 

Q. You do not mean to state for the benelit of this record that you accepted 
suggestions of friends for the purpose of qualifying registrants to vote?—A. The 
fact about the matter, like I explained, IMr. Gantt and all the ladies were there, 
and they were timid about answering questions. Mr. Gantt knew all of them. 
He went ahead and y'ould give in the names. They were backward about giving 
their husband’s names. I took them under their husband’s names and individual 
names. 

Q. Do you mean to state that you accepted suggestions from friends through- 
oyt the township to register people?—A. No. This was just one occasion, 

Q. You would not deny your Democratic friends and honor your Repub¬ 
lican friends in a case of this kind?—A. I did it just one time. 

Q. IMr. Gantt was a Republican?—A. Yes. 

Q. You have seen all these parties you have testified to in regard to the poll 
tax?—A. Yes. 

Q. And all you kno\v about whether they are liable is what they told you?—- 
A, Yes. I was all over the township to get this information. 


(’AMPBELL VS. DOUGH TON. 


839 


Q. Ami all yon know abont it is wliat some one told yon?—A. Yes. 

(}. All this testimony is wliat they told yon?—A, Yes. 

Redirect examination: 

Q. I will^ ask yon, as an intellijront rejjistrar and citizen, if yon do not know 
tliat there is no recinirement in the world in an election law that a man actually 
has to state where he eats or washes his dnds in order to be a legal resident 
thereof?—A. I do not think so. 

Q. I will ask yon if yon do not know, as an intelligent registrar and student 
of election laws, that a man’s residence is where he makes up his mind in his 
daily moving abont?—A. Yes. 

Q. I will ask yon if yon do not know that for .50 years—since his voting age, 
at least—A. D. Watts has openly proclaimed to the world that Shiloh Town¬ 
ship is his home?—A. Yes. 

Q. That he has never voted anywhere else?—A. Yes. 

(}. Don’t yon know that he actually registers at the hotels throughout this 
country as a citizen of Shiloh?—A. Yes. 

(}. Ralph W. Morrow, yon spoke of—I will ask you if Mr. INIorrow is not a 
Republican?—A. Yes. 

Recross-examination: 

Q. T believe yon testified that a man's residence was where in his mind he 
intended it to be?—A. Yes; my residence is in Shiloh Township until I offer to 
move it. That is the way I consider it. I have been born and raised here, 
and my residence is there until I otfer to move it. 

Q. And then, if yon move, the people would charge that yon had moved your 
residence?—A. I can not help what people charge. Col. Watts’s residence is 
in Shiloh Township. 

Q. Which do yon think is the proper method of determining—his actions or 
Ids intentions?—A. I am not taking either one. I take the facts from what I 
know. 

Q. Yon do not i)retend to be a mind reader, do you?—A. Col. Watts has never 
offered to move his residence. Yon can’t call for nothing in Shiloh but what he 
is the first one that answers the horn. Shiloh is his residence, and there is no 
doubt abont it. 

Q. Has he ever openly proclaimed to the world that Shiloh is his residence?—• 
A. Yes. 

Q. At what tribunal did he announce it?—A. T can not tell yon tiie facts 
abont that, but Col. Watts—I have seen lots in print and read what come out in 
the papers abont Col Watts answering for Shiloh. 

Q. Pie stayed in town when he held a position, didn’t he’?—A. He didn’t offer 
to move his residence. Pie didn’t offer to move his citizenship. 

Q. How does he move it, by actions or by intentions? How has he moved it?— 
A. It has never been moved. 

Q. How are you going to tell when a man moves his citizenship?—A. He 
always comes back (o vote. 

Q. How abont Mr. and ^Irs. C. P. Wilkins, where have they moved to?—A. 
They were in Catawba County on the day of election. 

Q. AVere they working in this county?—A. Yes. 

Q. Yon testified that they were disqualified?—A. No; I didn’t say disqualified. 
I said they lived in Catawba County. 

Q. Is their (dtizenship there?—A. I can not tell yon. ' 

Q. How can yon tell abont Mr. AA^atts?—A. I have known him personally all 
my life. 

Redirect examination; 

Q. I will ask yon if every overt act and purpose of Col. AAhitts does not 
jn’oclaim Shiloh as his legal residence?—A. It does. 

Q. I will ask yon if any Republican has ever dared to challenge his vote on 
election day or any other'day?—A. No question was ever raised until now that 

I ever heard of. ^ 

Q. Do yon know that ^Ir. and Airs. G. P. AATlkins were living in Catawba 

County?-A. Yes; on the day of election. 

Recross-examination; 

Q. Yon do not know but what their intentions were to have their residence in 
Shiloh?—A. I do not know. 


840 


CAMPBELL YS. DOUGHTON. 


Q. How is it yon cnii’t tell their intentions, if yon can tell other people’s?— 
A. The fact ahont the matter is T don’t think they ever voted here hiit one time. 
Ool. Watts has voted here all his life. 

Q. Don’t yon think, as a matter of fact, that INIr. and Mrs. O. P. Wilkins are 
as much entitled to vote in Shiloh Township as Mr. Watts?—A. They live in 
Catawba and voted in Shiloh. 

Q. And i\rr. Watts lived in some other place and voted in Shiloh?—A. IMr. 
Watts’s voting? place is in Shiloh. 

Q. But he hadn’t actually lived there, yon know that?—A. He has voted 
there all his life. 

Q. Did he actually reside there?—A. Col. Watts was not there all the time, 
and he was not in Statesville all the time, and he was not in Charlotte or 
Washington all the time. 

Q. Neither have Mr. and Mrs. G. P. AVilkins been in Charlotte, Asheville, or 
anywhere else all the time. 

Mrs, AV. K. POPE, witness for the contestee, heinp: duly sworn, testified as 
follows: 

Direct examination by Mr. T.ewis : 

Q. Yonr name is ]Mrs. AA". K. Pope?—A. Yes. 

Q. A’on voted in Shiloh Township the last pjeneral election?—A. Y'es. 

Q, A'oted the Republican ticket?—A. Yes. 

Q. Did yon go to ]Mr. Bradford to register?—A. No. 

Q. Yon understood that Air. (xantt had yon registered?—A. Yes. 

Q. Airs, Pope, how old are yon? Are yon 21?—A. Yes, 

Q. AA’hen were yon 21?—A. Alay, 1910. 

Cross-examination by Afr. Adams ; 

(). AA’here do yon live. Airs. Pope?—A. Near Eiifola. 

Q, Did Air. Bradford, the registrar, ever come to yonr place during his can¬ 
vass of the township to register people?—A. Yes; hnt he never came to my 
house. 

Q. Do yon know of any place in the community where he did go?—A. I heard 
he did. 

Q. AA’hose house did he visit? 

(Ohiection by contestee.) . , 

A. I don’t know for sure. They said he come to Hollers. 

Q. AAliat is Hollers’s politics?—A. Democrat. 

Q. How near is his house to yours?—A. Just a few yards. 

Q. .And he didn’t stop at yonr house?—A. No. 

Q. Do you know of any other Rei)nhlican in that community that he skipped?— 
A. He didn’t come to any of them, T don’t think. 

Q. He did not visit you; is that correct?—A. Certainly. 

Q. The other Democrats in the community that hadn’t registered, according 
to yonr information, he sent to see them and got them on the registration 
hooks?—A. That is right. 

Redirect examination; 

Q. As a matter of fact. Air. (iantt is a very active worker?—A. Yes. 

Q. He took all the ladies there and had their names put on the hook; they 
were all registered? AVere not all the Republicans registered in your neighbor¬ 
hood and voted, didn’t they?—A. Yes. 

Q. And they went and registered as soon as the hooks opened; isn’t that a 
fact?—A. Y'es; they registered. 

(). How could Air. Bradford stop at their houses. He didn’t have to go to 
Re(' if they were registered?—A. I guess not. 

Q. That is what T thought. 

Recross-examination: 

Q. He did go to Air. Hollers?—A. They said he did. 

Q. It is the report in the community that he went to other Democratic 
houses?—A. Y'es. 

Q. And yon were not registered, and he didn’t stop to register yon?—A. No. 

Q. AVhen yon voted on election (lay was the registrar, Air. Bradford, there?— 
A. I don’t think I saw him. 


CAMPBELL VS. DOUGHTON. 841 

Jliss EUTjAIjIA McLLLLAXD, deputy slierift', recalled for coiitestee, testilied 
as follows: 

Direct exainiiiatioii by :Mr. Lewis: 

iV" McLellaiid, I hand you a list. Will you please read their names and 

tell what your records show? Jule Byers, what does your record show‘s—\ 
I do not tind him on the hooks. 

Q. M. M. Bentield?—A. I do not tind him. 

Q. You mean that these j)arties did not make tax returns for Bill)?—A I 
could not tind them. 

Q. M. B. Blankenshij)?—A. I do not find him. 

Q. M. L. Gantt?—A. Xot paid. The i-ecords show that there is a boll charijed 
against him. 

J. M. Cascadden. what does the record show?—A. I do not tind him on 
the book. 

Have you exa;nined all your rec'ords in the county?—A. Yes. 

Q. A. G. Stewart?—A. Not paid. 

(X ^our records show that there is a tax charged agaiiist him?—A. Yes. 

Q. .T. AV. Sipe. W. G. Ste])henson, and G. P. AVilliams?—A. I do not tind 
them. 

(,}. In other words, they did not make a tax return?—A. No. 

Q. A. C. Aldredge, Lester B. Anderson, AV. D. Brown, A. M. Brown. A. H. 
Bost, AV. E. Koseman, P. M. Baymei-, and Martin Sipe. what does your record 
show as to these?—A. T do not tind them charged. 

Q. None of these pfirties. so fai’ as .vour records show, have pai 4 l tlieir poll 
tax on or before May 1, 1920?—A. No. 

Q. That is, none of the parties T calle«l?—A. No. 

Q. Do yon know where these i)eo])le reside?—A. I do not. What I found 
were charged in Shiloh Township. 

.T. A. BRADFORD, recalled for contestee, testified as follows: 

Direct examination l)y Mr. Lewis : 

Q. Mr. Bradford, the names of the persons I called this moiuiing and whose 
names were called by IMiss IMcLelland. the deputy sheriff, 1 will ask you where 
their legal residence has been since INIay 1, 1019?—A. Shiloh Township. 

Q. AATth the exception of J. E. Horton, from Rowan County?—A. Yes. 

Q. The others have made their tax retui-ns in Iredell County for 1919?— 
A. Yes. 

Cross-examination by Mr. Dulin : 

Q. Do you know W. G. Bentield?—A. Y^es. 

Q. Don’t you know lie is exemiit from the payment of poll tax?—A. He is 
crippled. I asked him if he had applied for exemption, and he said he hadn’t. 
I asked him that question, and he said he bad never applied. 

• Q. You talked to J. M. Cascadden?—A. No. 

Q. Did you talk to J. E. Horton?—A. Y>s. 

Q. AA’hat did he tell you with reference to the payment of his poll tax?—A. 
Do you want to know .just what he told me? AA’hen I was ai'ound on that 
business I asked him if he paid his jx)!! tax, and he said he had. 1 asked him 
then if he had a receijit and told him 1 might probably save him attending 
court if we had the receipt, and he said yes he had it, and his wife was in bed. 
and he went to hunt for the receijit. and finally bis wife said Mi‘. Gantt had 
stopped there to .get it until the contest was over, and he asked me then if T 
would accept the check that was made to the sheriff of Rowan County, and I 
told him yes; T would accept it. He hunted some little time and could not 
,find It. 

Q. You failed to tell about that this morning. Did you see G. P. AVilliams?— 
A. No. 

Q. Did you see J. A\’. Sii)es?—A. No. I asked something about him. and 
they told me it was mudd.v', and I went on up there and asked his bndher 
about him concerning th(‘ poll tax, and his brother said he didn’t know whether 
he had paid or not. and T didn’t go to see him. 

Q. Did you see AA’. G. Stephenson ?—A. Yes. 

(}. AA’ha't did he say?—A. He said he had paid his poll tax and talked on 
some, and T asked him if he could show the receipt, and he said he ccaild. 

I told him I might save him attending court if he would show it, and be said 


842 


('AMPBKLL VS. DOUGHTON. 


it was at the house, and he was on duty at the Southern l*ower Co. and said 
he could not f^et off to j^o to the liouse and told me to go and tell his wife about 
it, and I just marked it down on the list. I didn’t go to the house. 

Q. Did you see G. P. AMlliams?—A. No, 

Q. Did you see A. C. AldredgeV—A. I didn’t see him. I went in there, and 
it was night, and I didn’t know where he lived, and Mr. Holler told me it was 
dark and rainy, and I was afraid I could not get there. I told Mr. Holler 
wliat I wanted and IMr. Holler lixed up the pa})er the next morning and mailed 
it to me. 

You don’t know whether he had paid or not?—A. He said he hadn’t paid. 

Q. He didn’t tell you he hadn’t paid?—A. He told Mr. Holler. 

Q. Did you see Lester B. Anderson?—A. Yes. 

Q. What did he say?—A. I told him what my business was. He said, “ I have 
paid.” I says, “All right. I don’t doubt it, but if you will show your receipt 
I might save you attending court,” and he said, “ I can not do it. INIr. Gantt 
has got my receipt. 

(L Do you know W, B. Brown?—A, Yes. 

Q, What did he say?—A. He is too old to pay poll tax. He is 55. 

Did you .see A. M. Bi-own?^—A. YYs; he is a .soldier discharged from the 
Army. 

Q. What did he say? He was discharged after IMay 1. Did he tell you he 
came here and offered to ])ay his tax?—A. No. 

Q. W. H. Bost—do you know him or did you see him on your rounds?—A. I 
didn’t see him in person. 

Q. He was dis(‘harged before IMay 1?—A. I forgot. 

Didn’t he tell you he came here and offered to pay his tax?—A. Y^es. 

Q. Did you see W. PI Roseman?—A. Yes. 

Q. What did he tell you? He was a soldier discharged after May 1. Did 
he tell you he had paid his tax?—A. No. 

Q. Did you see P. M. Raymer?—A. Yes. 

Q. Do you know Martin Sipe?—A. \"es. 

G. Did you see him ou your rounds?—A. Yes. 

(j. AVhat did he tell you?—A. He told me he was a .soldier and didn’t pay any 
tax. He was discharged after IMay 1. The fact about this matter is I did not 
swear anybody. I just went around and asked them if they had paid their poll 
tax and got the date of their discharge. 

Redirect examination: 

Q. Did Stei)hensoii tell you he had paid?—^A. Yes. 

(}. Now, to refresh your memory, he told you he had paid in .January, 1019?—• 
A. In P^ebruary, 1919. 

(j. All you did was to try to get the facts about whether they were I'esidents 
on IMay 1 and whether they were exempt?—A. Yes; my principal object was to 
get the date of their discharge. 

(It is admitted by contestee that J. PI. Horton paid his poll tax in the county 
of Rowan on IMarch 19, 1920, for the year 1919. The contestant offers for the 
record the following tax receipt: “No. 107, P’allston Township, Iredell County. 
Received of .1. IM. Ca.scadden taxes for 1919 as follows: Total property tax, 
$20.80, i)aid December 27, 1919. Signed IM, P. Alexander, sheriff iredell 
County.” And the contestee says in regai-d to said receipt that the poll of 
$8.75 is marked off and not charged against him. The contestant, through his 
attorneys, replies and states that the tax receipt is the receipt of the sheriff 
for all taxes charged to .1. IM. Cascad<len, the poll tax being marked out with 
pen and the sheriff's seal over it. and further if a per.son is exempt from poll 
tax the sheriff has the right to strike it out. Conte.stant offers for the record 
No. 2, Union Grove Township, Iredell County: “ Received of L. B, Anderson 
taxes for 1919 as follows: I'oll $4.85, paid April 10, 1920. IM. P. Alexander, 
sheriff Iredell County.” Contestant offers for the record No. 071, Catawba 
Townshii), Catawl)a County, N. C.: “ Received of G. P. Williams taxes for the 
year 1919 as follows: Poll tax $8.05. .John A. Isenhower, sheriff. Paid No¬ 
vember 20, 1919.”) 

D. H. HGUPP], witness for the contestee,. being duly sworn, testified as 
follows: 

Direct examination by IMr. Lewis : 

(}. IMr. Houpe, you are now living with W. B. IVIcI.elland, in 811iari)Sburg 
Township?—A. \"es. 


CAMPBELL VS. DOUGHTON. 


843 


Q. You voted there?—A. Yes. 

Q. And voted for Dr. Oaini)l)ell for Con,ai-essV—A. Y"es. ' 

Did yon pay your poll tax on or before May 1, 1920?—A. No. 

How old are you?—A. Thirty-tive. 

Cros.s-exainination by Mr. Adams: 

(b Did you see any eireular up in your neiirbborbood purporting to be the 
family tree of President Harding? 

(Objection by contestee.) 

A. Yes. 

(). Did you see a picture of the I’resident surrounded with Negro pictures'’—• 
A. Yes. 

Q. IVbo bad these documents?—A. Deal Kelly. 

(.^ What is bis politics?—A. Democrat. 

Q. What is your politics?—A. Republican. 

Q. When the registrar was making bis rounds to Sbarpsburg to register 
voters, did be come to your bouse to register your wife?—A. No. 

Q. Y’^ou called bis attention to it, did you not?—A. No; I didn’t say anything 
to him about it. 

i}. YMu did see him afterwards and talk to him?—A. I didn’t say anything 
to him. 

(). Who did you talk to?—A. I talked to several about it. 

Q. The general information in the community was that be was doing that 
all around? 

( Objection bv contestee.) 

A. Yes. 

A. L. WATTS, witness for the contestee, being duly sworn, testified as follows: 

Direct examination by Mr. Lewis : 

Q. Mr. Watts, you live in Alexander County?—A. l"es. 

Q. What position in the party organization do you hold?—A. I am chairman 
of the Democratic executive committee of my county, and am secretary to the 
board of elections. 

Q. In the last election, Mr. Watts, last November, was any literacy test ap¬ 
plied to any of the white voters of your county?—A. No. 

Q. Were they allowed to register and vote regardless of their literacy quali¬ 
fications?—A. Y'es. 

Q. Was there any challenging on that ground at the polls on either side?—A. 
None at all. 

Q. So you did not apply the educational qualifications which existed in this 
State?—A. No. 

Q. I will ask j'ou if you know of your own knowledge that the soldier boys of 
the World M'ar in Alexander County were exempt from the payment of poll 
tax by the board of commissioners of xVlexander County for the year 1919?—A. 
They were. 

Q. Were there any challenges on either side on the grounds of nonpayment of 
poll tax by soldier boys?—A. None at all, 

Q. Or anybody?—A. No. 

Q. I will ask you, Mr. Watts, if the board of county commissioners of Alex¬ 
ander County, who passed the order exempting the soldier boys of the World 
War from payment of poll tax, are not all Republicans?—A. They are. 

Q, What candidate for Congress received the majority of the votes in your 
county at the last election?—A. Mr. Campbell, the Republican candidate. 

Q. Do you remember what majority Dr. Campbell received in your county?— 
A. I do not, but I think about 560. 

Q. Was the entire Republican ticket in your county elected?—A. Yes; by 
over 300 to 500 majority. 

Q. You are secretary to the board of elections?—A. Yes. 

Q. Do you know who the registrar was for Sugar Loaf Township?—A. R. R. 
Curley. 

Q. Was he a Democrat or Republican?—A. Republican. 

Q. Was he appointed by your board in Alexander to serve as registrar for 
Sugar Loaf?—A. Yes. 

Q. The board of county elections; what was their politics?—A. Two Demo¬ 
crats and one Republican. 


844 


CAMPBELL VS. DOUGHTON. 


Cross-ekainination by Mr. Dulin : 

ii. Mr. Watts, y()nr county is a border county to tlie county of Caldwell? A. 
Yes ; we adjoin Caldwell. 

Q. In the county of Caldwell, was the literacy test applied?—A- I ‘lon’t know 
as to that. 

(^. Did you hear it reported that they turned down a soldiei’ who could not 
read?—A. No, sir. 

Q. Y^ou are pretty well acquainted Avith A. F. Poole, in your county? A. Yes. 

(}. You remember Mr. Poole making a speech about them refusing; to rejjister 
soldiers under the literacy test?—A. No; I didn’t hear him make a speech at all. 

Q. Some of the registrars in your county started out applying the literacy 
test?—A. No. They were instructed by the board when they received the books 
not to apply the literacy test—by the board of elections of Alexander County. 

(J. And you wei-e chairman of that l)oard?—A. No; secretary. 

Q. ]Mr. Lin Mays, one of the registrars, did he start to apply it?—A. He was 
appointed at Sharpsburg. The registrar was taken sick and could not (*om- 
plete his work, and Mr. Lin :Mays was appointed to fill out the I'egistration, and, 
I think he did apply it to one ])ei’son. Il(‘ asked me something al)out it, and I 
told him to register him and not to apply the literacy test, and he registered him. 

Q. As a whole, it was not applied?—A. No, sir. 

Did Mr. INIays turn down more than one?—A. He didn’t turn down any. 
He reg stored that one later befoi-e the election. 

Q. Who was the party he did turn down?—A. I don’t remember. 

Q. Did the other registrars receive instructions from INIr. Lamb, tbe State 
official, i)ertaining to the registration duties?—A. I could not tell whether they 
<lid or not. 

(j. Does the county of Watauga adjoin your county?—A. No. 

Q. Nor the county of Ashe?—A. No. 

Q. You do not know as to the literacy test in those counties?—A. No. I could 
7iot say as to that. 

Q. How many townships in your county?—A. There are eight townships, and 
three of the townships divided into two voting precincts—11 voting precincts. 

(}. 1 believe yon testified in the townshii) of Sugar Loaf there was a Republican 
registrar?—A. Yes. 

Q. That is in the mountain section between Brushy and Uockie Face ^loun- 
tain?—A, Y'es; in the valley. 

Q. I believe you stated there were 11 voting places in your county?—A. Ye.s. 

Q. And there is one Republican registrar?—A. YVs; that is all. 

Q. That would leave 10 Democratic registrars?—A. Yes. 

.TACJOK iMOSER, witness for the contestee, being duly swoim, ti'stified as 
follows: 

Direct examination by Mr. Lewis: 

(j. What are your initals. ]\Ir. Moser?—A, T sign my name .Jacob, 

(i. You live in Alexander County?—A, Yes, 

(j. T)o yon hohl any official position with the Democratic organization of the 
county?—A. I am chairman of the board of eUK'tions. 

Q. W as the constitutional literacy test applied to the white voters of your 
county in the last November election?—A. No; never has been. 

Q* I h) you know, of your own knowledge, whether or not the board of county 
commissioners of your county passed an order exempting the soldier boys of the 
AVorld War from the payment of poll tax for the year 1919?—A. I can not say 
that I do of my own knowledge. I have heard it; I am satisfied they did. 

Q- Ito you know of your own knowledge that all soldier bovs voted in 
accordance with that understanding in the election?—A. Y>s. 

Q, There was to be no challenging on either side of the boys in the service?— 
A. Not that I know of. 

Cross-examination by Mr. Adams : 

Q. ]\Ir. Moser, how do you account for the fact that the literacy test was not 
applied in your county and applied in adjoining counties?—A. Well, we never 
did apply it there. 

Q. Have you heretofore required the payment of the poll tax as a condition 
])recedent to qualifying a voter to vote prior to this election?—A. Yes; and 
this one, too. 

Q. Except as to soldiers?—A. Yes. 


('AMPBELL VS. DOUGHTON. 


845 


Q. All other parties had to pay their poll tax?—A. That is wliat we arrive<l at. 

(j. Has it always been customary not to exact the literacy test on the part of 
llie white people?—A. Yes. 

(}. Would you state for the benefit of the record the reason of that, since it is 
a constitutional requirement?—A. I don’t know as I can. We thought the white 
folks had a ri^ht to vote. 

Q. How old are you?—A. Riadit at 70. 

(h Have you alwavs been res'dent of Alexander (Jounty?—A. Y<^s. 

Q. Were you a resident of that county in the campaign under which that con¬ 
stitutional amendment was passed?—A. l>s. 

(}. Was it a part of the campaign material at that time that no white person 
should be disqualified by the Democratic committee?—A. I can not say it was. 
It seems to me it was in 1908, is my recollection. 

Q. That is the time when the people were allowed to register under the 
grandfather clause?—A. Y"es; we are still registering under it. 

Q. And the amendment was always used and construed to be an amendment 
not as against white people, was it not?—A. I don’t know about that. 

Q. Who was candidate for governor when that amendment was being sub¬ 
mitted to the people, if you remember, on the Democratic ticket?—A. I don’t 
remember whether it was Aycock or not. 

Q. Ti’at was a part of his ])ledge in the campaign, was it not?—A. That was 
part. His hobby was education. 

Q. And he contended that people should not be disfranchise<l?—A. Yes. 

Q. He made that campaign throughout the State of North Carolina?—A. Y"es. 

Q, Do you remember his having spoken in the count.v of Caldwell? 

(Objection by contestee.) 

(No answer.) 


A. L. WATTS. Concord Township, recalled by contestee first time: 


Direct examination by Mr. Lewis: 

' Q. Ml-. Watts, do you know INIr. and Mrs. D. E. Gryder and K. D. Gryder, 
their son?—A. Yes. 

Q. Where do they now live?—A. They live at Stoney Point. 

Q. What county?—A. Iredell. 

Q. What town.ship?—A. Concord. 

Q. Where did they move from to this place where they now live?—A. Out in 
Virginia somewhere. 

Q. When did they move to North Carolina?—A. Moved about the first of 1920. 
Q. How long did they live in Virginia?—A. Three .vears. 

Q. They were farmers. I believe?—A. Yes. 

Q. What is Mr. E. D. Gryder, the young man, doing in Virginia?—A. He is a 
rural mail carrier in the State of Virginia. 

Q. Was he a rural mail carrier in Virginia at the time of the election?—A. He 
was rural mail carrier tliere when his father moved to Stoney Point. I believe 
he is carrying mail now. 

Q He was a mail carrier at the last election?—A. Yes. 

(}. INIr. Watts, did Mr. Gryder sell out his property here and move to Virginia 
three years ago?—A. Yes: he sold all but his farm, and tried to sell that, with 
the intention of making it his home; was gone three years and raised three 
crops. His wife was dissatisfied, and he come back. 

Q. Do you know whether they voted or not?—A. I do not, personally. I 

have heard him talk about it. ..lt i x i. .u ^.i 

Q. What did he say?—A. He said he thought he was entitled to vote at the 

time, but he found out later he was not. 

Q Did he tell vou how he did vote?—A. Yes; Republican. 

ii Did his wife and boy both vote the Republican ticket?—A. Yes. 


He is one of the teachers at 


Cross-examination by Mr. Dulin : 

(). All you know is what he told you?—A. Yes. 

Stoney Point. . i • a 

Q Thev were all raised in this county?—A. No; they were raised in Alex¬ 
ander Countv, but had lived before they went to Virginia in Iredell County. 

Q. How long did they live in Iredell before they went to Virginia. A. I 

Q Did vou ever talk to him at the time he was moving away fr«ni North 
Carolina about whether he intended to make Virginia his home?—A. I talked 


846 


CAMPBELL VS. DOUGHTON. 


with him occasionally, because lie was rig:lit there and a member of our Sunday 
school and church before he moved away. 


H. S. GROSE, witness for the contestee, bein^x duly sworn, testified as follows: 

Direct examination by Mr. Lewis : 

Q. IVIr. Grose, the i)arties, IMr. and Mrs. I). E. Gryder and E. D. Gryder, did 
they vote in Concord Townshii) at the last election?—A. Yes. 

Q. How did they vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know G. G. Gantt?—A. I'es. 

Q. Where does he now live?—A. I could not say where he lives now, but his 
home was in Virginia. 

Q. Did he sell out his property in North Carolina and move to Virginia?— 
A. Yes. 

Q. When did he move to Virginia?—A. About the last of ]Mav or 1st of .Tune, 
1920. 

Q. Did he vote in the last election in Concord Township?—A. He did. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. l^es. 

Q. Do you know the following parties: .Tno. Meredith, D. E. Gryder, and 
Charlie U. .James?—A. Yes. 

Q. Did they vote in the last election in Concord on November 2. 1920?— 
A. Yes. 

Q. How did they vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Mr. Meredith is about 37 yeai’s old?—A. Something like that. 

Q. Under 50?—A. Yes. 

(}. Mr. D. E. Gryder registered to he 46?—A. Y'es. 

Q. Do you know Charlie U. James, about 27?—A. Y"es. 

Q. Do you know the following parties: IM. IV. Bass was a soldier and dis¬ 
charged after May 1, 1919?—A. Y"es. 

Q. About 23 years old?—-A. Yes. 

Q. IJable for poll tax?—A. Yes. 

(). T. W. IMerce, about 37, was a soldier, discharged priod to ^lay 1, 1919?— 
A. Yes. 

Q. Roy I^. Redmon, 24, discharged after May 1, ]919?—A. Yes. 

Q. J. K. Woodside, 26, a soldier, discharged prior to May 1, 1919?—A. Yes. 

Q. Did those four men, ]M. W. Bass. T. W. Pierce. Roy I.. Redmon. and .1. B. 
Woodsides, vote in the last election in Concord Township?—A. l^es. 

Q. How did they vote?—A, Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. You say you were registrar in that township?—A. Yes. 

Q. And at the polls on election day?—A. Yes. 

Cross-examination by ]\Ir. Dttltn : 

Q. Did you see these particular i)arties that you testify to vote?—A. Yes. 

Q. Did you put their tickets in the box for them?—A. I did not put the tickets 
in, but I was sitting by INIr, Size and he put them; in. 

Q. Did you see how everybody voted on that day?—A. T did not see exactly, 
I could see where they were voting—whether on the Democratic or Republican 
side. 

Q. YMu could not tell whether a man had scratched or not?—A. I could not 
tell about that. 

Q. Was Jinybody scratched? Any ticket?—A. Some of the county ticket was 
scratched. 

Q. You are not absolutely certain about how these people voted for Congress¬ 
men?—A. They voted for Dr. Campbell. 

Q. You are judging that by the fact that they are Re])ubli(*ans generally?—A. 
They always voted that way except INIr. Redmon. He told me l>efore the election 
he was going to vote different from what he had been. 

Q. Did you see how he voted?—A. Yes. 

Q. How* did he vote?—A. He voted the Republican ticket. 

Q. How had he been voting before?—A. Democratic. 

Q. He was a soldier?—A, Yes. 

Q. You heard about this order gotten out by the county commissioners ex¬ 
empting all the soldiers, have you?—A. Yes. 

Q. Do you know D. E. Gryder?—A. Yes. 


CAMPBELL VS. DOLGHTOX. 


847 


CJ. Do you know wliere liis residence is?—A. Concord Township. 

Q. How long has his residence been there?—A. I don’t know exactly. Could 
not say. 

Q. Do yon know E. 1). Gryder?—A. Yes. 

Q. How long has E. D. Gi'yder had his residence in Concord Township?—A. 
I could not say he is a resident now. He is in Virginia. 

Q. Do yon know whether he intends tliat to be his home or not?—A. I could 
not say. 

Q. He owns property, does he not?—A. AVho, the young man? The old man 
does, but the young man does not. 

Q. The young man is a son of the old man, is he not?—A. Y^es. 

Q. Do you know G. G. Gant?—A. I do, 

Q. How long has he had his residence in Concord?—A. Several years. Until 
he sold his farm and moved away last May or .Tune. 

Q. Where dhl he move to?—A. Virginia. 

How did he vote?—A. Kepul)lican ticket. 

Q. Absentee or in person?—A. In i)erson. 

(}. Has he any property uii there?—A. I don’t think he has. He sold his 
fai-m. He sold one and gave one to his daughter, I understand. 

Q. You say he does not reside there?^—A. No. 

Q. You would be willing to swear foi' record that E. D, Gryder’s citizenship 
is not in Concord Township?—A. I don’t know. 

Q. As to Arch G. Browning, his father lives here, and he is a young man 
working in Detroit. Tf Mr. Browning could live in Detroit and have his 
citizenship here, D. E. Gryder could do the same, could he not?—A. ]Mr, Brown¬ 
ing’s father lives here. He has never moved out of the State, 

Q. D. E. Grydei- is unfortunate in that his father is dead?—A. ]Mr. Brown¬ 
ing’s father lives in Concord Township. 

Q. Is it a fact that because the old gentleman wliose father is dead does not 
live in Concord Townshij) that in your mind disqualilies him?—A. I don’t 
know anything about his father, the old man. 

(^). Numerous ]>ersons voted in your township and voted for the contestee, 
K. L. Doughton, tlmt had been living out of the toAvnship for years. Isn’t 
that true?—A. I don’t know of any except those who voted absentee. 

Q. I am talking about the absentee. Perl!ai)s all the absentees bad lived out 
of the township longer than any of these paiTies you have called the names 
of that voted Republican?—A, I don’t know about that. 

Q. Can you think of any that have been out of the township that voted the 
Democratic ticket?—A. Sonu‘ folks in AVashington City that have been away 
for some time. They voted. 

Q. Did you think they wei-e qualified to vote?—A, Yes. 

Q, Don’t you thiidc t). E. Gryder is qualified to vote also?—A. Not vrhen 
]ie voted in Virginia. The folks in the District of Columbia can not vote there, 
can they? 

Q. D. E. Gryder was here on e1ecti<m day and voted in person?—A. Yes. 

Q. G. G. Gantt voted in person?—A. Yes. 

Q. E. D, Gryder voted in person?—A. Yes. 

Q. Do you know Charlie T^. .Tames? Is he a legal qualified voter in your 
judgment?—A. I could not say. 

' Q. He is in Statesville and claims his home with Ids father in Concord 
Township? How did he vote?—A. Republican ticket. 

Redirect examination : 

Q. That young i>erson he asked you about who voted the Democratic ticket, 
Browning, his father lives in Concord Township, and IMr. Browning keeps this 
as his residence?—A. Y^'es. 

Q. Mr. .Tames is a i-esident of Concord q^)wnship, and he was challenged on 
the ground of the nonpayment of poll tax?—A. Y'es. 

Recross-examination: 

Q. His father keeps his residence here for him?—A. Y^es. 

:Miss :iIcLET.LAND recalled second time for contestee, testified as follows: 

Direct examination by Mr. I.ewis : 

Q. Take this list and read the names. These are the persons I asked INIr, 
Gro.se about on the stand?—A. .lohn ^leredith poll tax for 1919, not chaiged. 


848 


CAMPBELL VS. DOUGHTOK. 


Q. He (lid not i)ay liis poll tax on or before May 1, 1920?—A. No. D. E. 
(Jryder, no poll (diar^ted. He lias jiaid bis tax, bnt no poll charged. 

Q. From wlnit bas been sworn, yon beard tbe testimony of Mr. Watts, be 
was not a resident of tbe State of Nortb (’arolina dnidn;; tbe year 1919.—A. 
He moved here January L 1920. That tax that was paid was bis land tax. 

Q. He j)aid no {loll?—A. No. 

Q. That tax was iiaid .Tannary 19. 1920?—A. Tax on jiroperty ; yes. 

Q. No itersonal propert.v?—A. None on that i'eeeii)t. I would not sa.v posi¬ 
tively that there is anytbina' bnt tbe land. I do not know as to tbe personal 
jiroperty. (Jiarlie U. .Tames, no poll ebar^ed. 

(}. Did be iiay any tax in Iredell?—A. I can not bnd an.v on tbe reconls. 
AV. M. Ka.ss, taxes cbarjjced in Betbany Townsbip and not paid, inclndinj? poll 
tax. T. W. Piei'c<‘ paid Novemlier 17, 1919, lint no poll cbara:ed. He was a 
.soldier discbarired. Itoy T.,. Uedinon. I do not bnd blin on tbe records anywhere. 

Q. Never paid any tax in Iredell?—A. Not that I conld bnd on the records. 
•T. H. Woodsides, tax cbari^ed in Ooncord Townsbiii, bnt md paid. 

Q. Poll tax cbar^jed?—A. Yes. 

Q. This is tbe tax for 1919?— A. Yfis. 

W. M. ALKEA. witness for tbe contestee. beinj; dnl.v sworn, testibed as 
follows: 

Direct examimition b.v Mr. Lewis: 

Q. Mr. Albea. what townsbip do yon live in?—A. Tnrnersbnr^. 

Q. Did yon vote in Tnrnersbnrj:; Townsbip?—A, Y’'es. 

Q. Were yon rejiistrar for tbe last election Noveinbei- 2, 1920?—A. Yes. 

Q. Do you know B. A. Shaw?—A. I do. 

Q. Did be vote in Turnersbnrs: precinct?—A. Yes. 

Q. How?—A. Republican ticket. 

Q. And for Dr. Campbell ?—A. Yes. 

Q. Where does he live?—A. In New .Ter.sey. 

Q. Is he a married man?—A. Yes. 

Q. Did he marry a yonnjr woman in tbe State of New .Jersey?—A, He did. 

Q. Got a home and lives in New .Jersey? How long has be lived there?—^A. 
Three or four years. 

Q. You say he voted, and for Dr. Campbell? Did he vote in person?—As Yes. 
Q. He came home and voted?—A. Yes. 

Q. Was his wife with him?—A. l"es; on a visit. 

Q. They went back?—A. Y"es. 

Q. He is a man about 2.5 years of age?—A. Yes. 

Q, He was under ,50 and more than 21 on May 1, 1920?—A. Yes. 

Q. Do yon know C. H. Galliher?—A. I do. 

Q, How old is he ?—A. He is 23 or 24. 

Q. Do you know H. E. Johnson?—A. I do. 

Q. How old is he?—A. About 25 or 30. 

Q. How did Galliher vote?—A, Republican. 

Q. And for Dr. Campbell?—A. He did. 

Q. He voted in your precinct?—A. Yes. 

Q. Did H. E. .Johnson vote?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know W. I. Parlear?—A. I do. 

Q. Did he vote in the last general election?—A. He did. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. I suppose so. / 

Q. How old is he?—A. Around 25. 

Q. Do you know A. L. Wall?—A. I do. 

Q. How old is he?—A. Around 25. 

Q. Did he vote in the last general election?—A. Yes. 

Q. How did be vote?—A. Republican. 

Q. And for Dr. Campbell?—A. I think so. 

Q. All these parties whose names we have called, were they between the 
ages of 21 and 50 on May 1, 1919?—A. Yes. 

Q. And liable for poll tax?—A. Yes. 

Q. None of these parties were soldiers?—A. No. 


CAMPBELL VS. DOUGHTON. 


849 


/ 

Cross-examination by Mr. Dulin : 

Q. D. A. Shaw lives in New Jersey?—A. He does. 

Q. When did yon tind that ont?—A. He has been there for some time. 

Q. I will ask you when you found it out?—A. I have known it ever since he 
went there. 

Q. How long?—A. Two years, or perhaps longer. va.: ' 

Q. Is he entitled to vote in your precinct?—A. I would not think so. 

Q. Did you challenge him?—A. No; he came in and voted in a rush. 

Q. He pushed by you before you had an opportunity to say halt?—A. Yes; 
in a rush. 

Q. Who registered Mr. Shaw?—A. He was registered before. I don’t remem¬ 
ber whether I registered him or not. He was not registered on this last regis¬ 
tration. 

Q, You did keep him on your books?—A. He has been kept on the books. 

Q. Were you registrar two years ago?—A. Yes. 

Q. Did you make any attempt to keep Mr. Shaw from voting?—A. It was in a 
rush until he put his tickets in. 

Q. You called that to the attention of the judges and asked that his vote be 
thrown out?—A. No. 

Q. You stated that he voted the Republican ticket. If he went up and voted 
without you noticing, how can you swear positively as to how he voted?—A. I 
said I reckoned he voted. 

Q. And you reckon C. H. Galliher voted the Republican ticket?—A. I know 
he did. 

Q. Did any of the others get by you so fast you didn’t see them vote? Do 
you know how everybody votes in your precinct?—A. No; not everybody. 

Q. What position did you occupy on election day with reference to the poll 
box?—A. I was the registrar. 

Q. What box came first when a man started to vote?—A. I disremember how 
they had them arranged. 

Q. Did you vote State tickets first or congressional?—A. I told you I did 
not remember how the boxes were arranged. 

Q. Did you occupy a position in front of the congressional box?—A. No; I 
didn’t stay at one place all the time. 

Q. Will you swear you were in a position to see how everybody voted on that 
day?—A. No. 

Q. As a matter of fact, it is more guesswork than anything as to what you 
have sworn?—A. No, sir. 

Redirect examination : 

Q. Mr. Shaw is a Republican, is he not?—A. Yes. 

Q. And he voted on that day? His name is on the poll bo(»k?—A. Yes. 

Q. His reputed politics is Republican?—A. Yes. 

Miss r^IcLELLAND, deputy sherift, recalled for eontestee. 

Direct examination by Mr. Lewis : 

(^. The list which j’ou have there is a list of the voters of Turnersburg Town¬ 
ship, whose names ^tr. Albea, the witness preceding you on the stand, has just 
gone over. Call their names, please, and state what the tax records show for 
the year 1919.—A. C. H. Galliher, do not find him on the records. H. E. .Tohn- 
son, do not find him on the tax records for 1919. W. I. Parlear, do not find him 
on the records for 1919. B. A. Shaw, do not find him on the tax records for 1919. 
A. L. Wall, do not find him on the tax records for 1919. 

Q. So these people have not paid their poll tax in Iredell County for the year 
1919 on or before May 1, 1920?—A. Not that I can find on the records. 

Cros.s-examination by Mr. Dulin : 

Q. You do not know whether these parties paid in some other adjoining 
county or not?—A. I do not. 

Q And von do not pretend to say as to any parties that you testified to during 
the whole (lay that they did not pay in some other county?—A. No. 

Q And you might be mistaken in some instances where you testified they 
had not paid?—A. I searched the records. If they paid, it has been overlooked^ 
but I do not think so. I could have let one slip by. 

Q. You at least were mistaken about Lester B. Anderson?—A. I di(| not. I 
had his name as I.ester and he paid his tax as L. B. 

Q. Those mistakes occur quite frequently, do they not?—A. Not very sReri, 

57095—21-54 



850 


CAMPBELL VS. DOUGHTON. 


Q. The way to tiiid out whether a man has paid his poll tax would be for 
him to come in court and testify?—A. Not if I am given his name and initials 
both. 

(}. You could not swear they had not paid it in other counties?—A. I could 
swear as to Iredell County. 

C). You could not swear he had not paid it in 99 other counties?—A. I could 
not. 

Q. For that reason you could not be positive that he hadn’t qualiiied to vote 
under the law unless you were able to check all the counties in the State ? A. 
Could not. 

W. M. ALBEA, witness for contestee, recalled. 

Direct examination by Mr. Lewis ; 

Q. Mr. Albea, ail these names that have been called by Miss McLelland and 
you when you were on the stand have lived in Iredell County since'May 1, 1919, 
with the exception of B. A. Shaw, W. I. I’arlear, and A. L. Wall?—A. Y'es. 

Q. What about Wall; did he tell you he had not paid his poll tax?—A. He 
applied at the first of the registration to register. He asked me if he could 
register. I says, “ Your sure can,” and then lie says, “ Hold on; I can not take 
the oath,” and he didn’t register. Later, when the agreement was entered into, 

I allowed him to register. 

Q. Now, about B. A. Shaw. He lived in the State of New Jersey?—A. Y'es. 

Q. IVIr. Parlear lived in Caldwell County?—A. Yes. 

i}. Mr. Parlear was a witness summoned to-day?—A. Yes. 

Cross-examination by Mr. Adams : 

Q. I believe you testified that some gentleman from I'adkin applied to the 
registrar and he had not paid his poll tax and could not take oath, and for 
That reason he could not register. Do you require them to take the oath that 
they had paid their poll tax?—A. There would be an agreement that they 
were not going to pay poll tax. 

(}. Did all of these gentlemen about whom you have testified as not being 
qualified voters because they had not paid their poll tax—did they register 
before you?—A. They were on the registration book. 

Q. When did this man Shaw get on the registration book?—A. I could not 
tell you. 

Q. You knew him?—A. I did. 

Q. You knew he was not qualified to vote?—A. Yes. 

Q. As a matter of fact, he goes fishing with the Hayes boys; he has been 
.making his home there. They have a fish pond?—A. Yes. 

(>. These Hayes boys are all Democrats where he visits?—A. I don’t know. 

(). That is a Democratic crowd, is it not?—A. I don’t know their politics. 

Q. You transcribed his name from the old book to the new?—A. I don’t re¬ 
member whether we carried it over this time. 

Q. He voted?-—A. Yes. 

Q. Y'ou didn’t let anybody vote who did not put their name on the registration 
book?—A. We had an old book. 

C^. Did you transcribe them to the new book?—A. Yes; after the election. 

Q. Under what circumstances did you transcribe them after the election?—A. 
We made a new book. 

Q. L>id you make anything but the poll book? Did they give you a new book 
to do the registering with?—A. I told you we made a new book from the old 
book. 

Q. After the election?—A. A day or two before the election. 

Q. Which was it?—A. Me and Jake Brooks made it before the election. 

Q. Do you know whether you put his name on the new book?—A. 1 don’t 
remember. 

Q. Are you willing to swear you made that before the election?—A. I am. 

Q. If it was transcribed it would be transcribed by you either under your 
directions, or by yourself? You were the registrar?—A. Yes. 

Q. And if it was transcribed you transcribed it?—A. Yes. 

G. M. YOUNG, being duly sworn, testified as follows: 

Direct examination by Mr. Lewis : 

Q. What township do you live in?—A. Failstown Township. 

Q. Are you a voter in Failstown?—A. I am. 

Q. Were you registrar down there in the recent election?—A. Yes. 


CAMPBELL VS. DOUGHTON. 


851 


Q. Do you know J. L. Sigmon?—A. Yes. 

Q. Did he vote in Pallstown Township in the last election on November 2, 
1920?—A. He did. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. In the last week or two did you go to see Mr. Sigmon ?—A. I didn’t see him 
in person. I had information through two very responsible people that he had 
been a resident of Catawba County for the year 1919, and had moved back to 
Iredell about the middle of August. 

Q. What year?—A. 1920. 

Q. ]\Ioved from Catawba to Iredell the middle of August, 1920?—A. Yes; 
about the 15th. 

Q. You did not have that information at the time of the election?—A. No. 

Q. If you had, you would not have allowed him to vote?—A. He would not be 
entitled. 

Q. G. B. Upton, you know him?—A. Yes. 

Q. Did Mr. Upton vote in Fallstown in the last election?—A. He did. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Has he been a resident of the State of North Carolina two years prior to 
the election?—A. I learned recently that May 1, 1920, he was a resident of 
Tennessee. He moved to our place possibly in F'ebruary last. I did not register 
Mr. Upton. He was registered by Mr. Brown, the regular appointee before the 
books were turned over to me. I learned he was a resident of Tennessee until 
May 1, 1920. He moved to North Carolina from Tennessee May 1, 1919, in ward 
3, Statesville. 

Q. So he had not been a resident of the State two years prior to the election?— 
A. No. 

Q. Do you know Mr. Rowland Benfield?—A. I do. 

Q. Do you know his age?—A. He tells me he was 21 on the 27th of February, 

1919. 

Q. Did he vote in your precinct in the general election on November 2, 1920?— 
A. He did. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know J. L. Moose?—A. Yes. 

Q. Is he a man about 37?—A. Yes. 

Q. Did he vote in the last general election?—A. He did. 

Q. How?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Where was the residence of Mr. Benfield since February 1, 1919?—A. In 
1919 he was living in Catawba County. He moved to Iredell in the late fall of 
1919, and worked a crop in Iredell last year. 

Q. Did you talk to him about his poll tax?—A. Yes. 

Q. He said he hadn’t paid a poll tax for 1919?—A. Yes. 

Q. J. L. Moose, where did he live in 1919?—A. In Alexander County. He 
moved to our precinct in the late fall of 1919, in December, and was said to have 
come from Alexander. 

Q. C. W. Souther, did you know him?—A. I do. 

Q. Did he vote in the last general election?—A. Yes. 

Q. How?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. About how old is Souther?—A. I suppose something like 38. 

Q. Where did he live during the year 1919?—A. In Washington City. 

Q. Moved to Iredell possibly in August, 1919?—A. Mr. Souther’s residence has 
been in Fallstown Township since May 1, 1919, with the exception of when he 
was ill Washington, D. C. 

Q. Beep here since possibly August, 1919, Before that he was in Washington 
City?—A. Six or eight years; yes. 

Q. He voted in the last election?—A. Yes. 

*. Q. And for Dr. Campbell?—A. Yes. 

Q. How old a man is Mr. Sigmon?—A. Thirty-eight to 40. 

Q. J. M. Troutman, did he vote in Fallstown?-A. Yes. - 

Q. How?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. About how old is Mr. Troutman?—A. He registered 24. 

Q, Where was he living during the year 1919?—A. On May 1 he was in Ports¬ 
mouth, Va. 


852 


CAMPBELL VS. DOUGHTON. 


Q. Was Fallstown Township his home at that time?—A. No; he was a man of 
family, and his wife was living in Portsmouth, Va., on May 1, 1919. 

Q. So he was not a resident for two years prior to the election?—A’. No, 

Q. Did von talk to him about his poll tax?—A. No: I talked to his wife. 

Q. What did she say?—A. She told me where they were living, and said she 
did not know whether he paid any poll tax or not. 

Q. Did his wife vote here?—A. She did in the recent election. 

Q. What w^as her name?—A. I forgot. 

Q. She is registered under the name of Mrs. J. M. Troutman?—A. Yes. 

Q. She voted?—A. Yes. 

Q. How did she vote?—A. I am not positive about how she voted. I think 
there was some compromise. She was a Democrat. 

Q. Is it not a fact that she voted for Dr. Campbell?—A. I think so according 
to the returns. It would indicate she had. 

Q. J. L. Sigmon; was he a married man?—A. Yes. 

Q. Did his wife vote?—A. I think not. 

Q. Is Mr. C. W. Souther married?—A. Yes. 

Q. Did his wife vote?—A. No. 

Q. E. T. Troutman; did he vote?—A. Yes. 

Q. How old is he?—A. Was 21 in January, 1919. 

Q. Did he vote for Dr. Campbell?—A. Yes. 

Q. Voted the Kepublican ticket?—A. Yes. 

Q. Did you talk to him anything about his poll tax?—A. I talked to his father, 
and he told me he had not paid a poll. 

Q. P. E. Lippard; do you know whether he was a soldier?—A. Yes. 

Q. He was discharged May 24, 1919?—A. He landed in May and was dis¬ 
charged sometime between that and June 1. 

Q. Everett T. Troutman; he was a soldier also. What time was he dis¬ 
charged?—^A. Since May 1, 1919. 

Q. How old was INIr. Everett Troutman?—A. He must be around 30. 

Q. Mr. Lippard and Mr. Troutman were residents of Fallstown since May 1, 
1919?—A. They retain their names in our township. 

Q. Did they vote in the last general election?—A. Mr. Troutman voted in 
person, and Mr. Lippard by absentee ballot. 

Q. How did they vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

(Contestant objects to all the foregoing questions and answers for the reason 
that it is hearsay testimony.) 

Miss McLELLAND, recalled, for contestee. 

Direct examination by Mr. Lewis : 

Q. The list I hand you is a list of names spoken of by Mr. Young, the witness 
who preceded you on the stand. State what your tax records show as to the 
year 1919.—A. Rowland Benfield, I do not find him on the records; J. L. Moose, 
do not find him on the records; C. W. Souther, not paid; J. L. Sigmon, poll tax 
for 1919 not paid; J. M. Troutman, poll tax for 1919 not paid; E. T. Troutman, 
poll tax for 1919 not paid; G. B. Upton, poll tax for 1919 not paid; F. E. Lip¬ 
pard, not on the records; Everett T. Troutman, not on the records. 

Q. Your records do not show that any of these parties paid their poll tax on or 
before May 1, 1919?—A. Not that I can find, unless they are charged in different 
names. 

(Contestant here offers for the record No. 580, Catawba Township, Catawba 
County, N. C.: “ Received of J. L. Sigmon taxes for the year 1919, as follows: 
Poll tax, $3.05; paid Dec. 22, 1919. (Signed.) Jno. A. Isenhower, sheriff.”) 

Q. Miss McLelland, you heard Mr. Young swear that Mr. Sigmon moved from 
Catawba to Iredell on or about August 15, 1920? 

(The contestee here states that the tax receipt just read in evidence by the 
attorneys for the contestee shows that it is a tax receipt of Catawba County. 
To wliich the contestant, through his attorneys, replies and states that the poll 
tax receipt is evidence of his qualification to vote, and the question of his 
citizenship of six months has not been proved.) 

G. M, YOUNG, witness for the contestee, being duly sworn testified as follows; 

Direct examination by Mr. Lewis : 

Q. Mr. Young, do you know, of your own personal knowledge, that Mr. Sigmon 
moved back from (i^atawba to Iredell?—A. Only to this extent: Mr. Wesley 
Orran lived in a certain house at East Monbo. He vacated the house some- 


CAMPBELL VS. DOUGHTON. 


853 


Where between the 10th and 15th of Au^?ust, 1920, and Mr. Sigmon moved in 
there across the river. 

Q. When he moved in the house that had been vacated between August 15 
and 20, 1920, he had not been in Iredell six months prior to the election?— 
A. No. 


Cross examination by Mr. Adams : 

Q. You testified on your first examination that you had been informed by two 
reliable persons that Mr. Sigmon had not lived in the county long enough to 
qualify as a voter?—A. Yes. 

Q. Why did you not state that at the beginning, or do you now offer to swear 
that you know of your own knowledge?—A. I know what two competent wit¬ 
nesses told me. The timekeeper at the cotton mill told me, and also the man 
who vacated the house. 

Q. You do not know of your own knowledge? You did not see him move?— 

A. No. 

Q. And Jill you know is what somebody told you?—A. Yes; two competent 
men. 

(Contestant objects to all the foregoing evidence because of the fact that 
it is hearsay testimony and irrelevant.) 

ADAM ABSHER, witness for the contestee. being duly sworn, testified as 
follows: 

Direct examination by Mr. Lewis : 

Q. Mr. Absher, where do you live?—A. Five miles west of Statesville. 

Q. You are the son of Mrs, Roxie Absher and brother of George and Vernice 
Absher?—A. Yes. 

Q. Where are they now?—A. In Washington City. 

Q. Is Vernice married?—A, Yes. 

Q. Is George?—^A. Yes. 

Q. What is the name of George’s wife?—A. Marie Absher, 

Q. What is the name of Vernice’s wife?—A. Lethia Absher. 

Q. They are now in Washington City. They voted in ward No. 4, city of 
Statesville, at the last general election?—A. Yes. 

Q. Do you know whether they claim Iredell County as their residence now 
or not?—A. I do. 

Q. Do they?—A. Yes. 

Q. Do George and Vernice Absher pay poll tax here?—A. Yes. 

Q. They all own property here. Your mother comes down here and visits 
every once in a while?—A. Yes. 

Q. She lives around with her children in Washington part of the time and 
Iredell County part; she has a farm out here. When she went to Washington 
the last time they all moved from ward No. 4, Statesville?—^A. Yes. 

Q. They now claim ward No. 4 as their residence, do they not?—A. Yes. 

Cross-examination by Mr. Adams : 

Q. How long has George Absher lived in Washington?—A. I don’t know 
exactly how long. 

, Q. Give us an estimate.—A. He has been here and up there about three years, 

I suppose. 

Q. What does he do in Washington?—A. He is on the police force now. 

Q. How long has Vernice lived in Washington?—A. About the same time. 

Q. What does he do?—A. In the automobile business. 

Q. Who was Vernice’s wife before she married?—A. She was a Davidson. 

Q. Where did she live before he married her?—A. She lived west of Statesville 
here. 

Q. Has she lived in Washington with him dur’ng his stay tliere?—A. Yes; she 
has been with him. 

Q. Who was George Absher’s \vife before she married?—A. A Nash. 

Q. Where did she live?—A. West of Statesville. 

(). Has she lived in Washington since he lived there?—A. Yes. 

Q. When did your mother move to Washington City?—A. She has never 
moved. She is u}) there a while and back down here. 

(j. Wlien she is in Washington does she stay with George?—A. She sta.vs with 
Vernice, and when she is in North Carolina she stays with my brother, who 
lives north of Statesville. She stays with me and around. 


854 


CAMPBELL VS. DOUGHTOET. 


Q. So she lives around with the family and claims here home in Statesville. 
Before George moved away from here where did he live?—A. He lived in 
Bloomfield awhile. 

Q. But at the time he moved aw'ay where did he move from? Did he move 
from his farm in Shiloh or Concord?—A. He has no farm. 

Q. Did he live on his mother’s farm at the time he moved away ?—A. No. 

Q. Do you know how they vote?—A. Yes. 

Q. Do you know how the voted in the recent election on November 2, 1920?—- 
A. Not personally. I know their sentiment. 

Q. What is their politics?—A. Democrat. 

Q. When they moved to Washington did they sell their property?—A. No, sir. 
Both of them and all of them have got household stuff here yet. 

Q. Which ward do you live in?—A. Shiloh Township. 

Q. Where did you vote in the recent election of November 2, 1920?—A. Shiloh 
Township. 

Q. Have you a brother living in ward 4 in the city of Statesville?—A. No. 

Q. Who does your mother visit in ward 4 that she calls her home?—A. She has 
some friends here. A fellow that runs the garage at the Farmers’ Union Ware¬ 
house. She has some furniture in his house. 

Q. Is the furniture stored in the warehouse?—A. No; it is in the man’s house 
that runs the garage—Mr. Taylor. It is stored there. She has a right smart of 
furniture there. 

Q. You have talked to your mother and brothers and they claim Statesville, 
ward No. 4, as their residence?—A. Yes. 

(The contestant, through his attorneys, objects to the witness testifying to 
hearsay evidence.) 


W. T. KILPATRICK, witness for the contestee, being duly sworn, testified as 
follows: 


Direct examination by Mr. Lewis : 


Where do you live?—A. Olin Township. 

Are you a voter?—-A. l"es. 

Were you registrar at the last election of 1920 for Olin Township ?- 


A. 


-A. Yes; two 


Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 


Q. 

Q. 

Q. 

Yes. 

Q. Did you hold the election there that day, November 2, 1920?- 
judges and myself. 

Q. You were one of the officials?—A. Yes. 

Do you know Martin Mitchell?—A. Yes. 

Did he vote at the last general election on November 2, 1920?—A. He did. 
How did he vote?—A, Republican ticket. 

And for Dr. Campbell?—A. Yes. 

Was he registered?—A. No. 

Do you know Silas Gregory?—A. Yes. 

Did he vote in Olin Township on November 2, 1920?—A. He did. 

How did he vote?—A. Republican ticket. 

And for Dr. Campbell?—A. Yes. 

Mr. Kilpatrick, where did he live on that date, and where does he live 
now?—A. In Turnersburg Township, and he lived there last Friday, for I went 
by his house. 

Q. Did he ever live in Olin Township? If so, how long?—^A. I am not 
sure, but his father lived in Olin Township a year or two about eight years ago, 
but whether he lived with his father I could not say. 

Q. He did not live in Olin Township, then, four months prior to the election 
in 1920?—A. No. Moved from Bethany to Turnersburg. 

Q. Did he vote in the last general election?—A. Yes. 

How did he vote?—A. Republican ticket. ‘ 

And for Dr. Campbell?—A. Yes. _ 

Do yon know the house where he lived?—A. I do. ' 

Whose property is it?—A. It belongs to J. P. Watts. ' ' H 

Do you know where the Olin and Turnersburg line runs?—A. I do. f 
Do you know W. F. A. Houpe?—A. I do. 

What is the age of Mr. Houpe?—A. Born October 23, 1869, he told me. 

(The contestant objects to the foreging questions and answers, because they 
are based on hearsay evidence.) 

Q. Did he vote at the last general election?—A. Yes. 


Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

Q. 



C'AMPBELL VS. DOUGHTON. 


855 


Q. How did he vote?—A. Straight Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know PI. H. JMoney?—A. Yes. 

Q. How old is Hr. IMoney?—A. He is 24 or 25. 

Q. Was he between the ajjes of 21 and 50 on Hay 1, 1919?—A. Yes. 

Q. Did he vote?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know John Pharr?—A. Yes. 

Q. What is his age?—A. He is under 50. 

Q. Pie was between 21 and 50 on IMay 1. 1919?—A. Yes. 

Q. He voted in the last general election?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know R. A. Sherrill?—A. I do. 

Q. How old is he?—A. About 31. 

Q. Is he a married man?—A. Yes. 

Q. Was he a resident of the State of Indiana at any time?—A. He was a 
resident of Indiana until November 10, 1919. 

Q. How long did he live in Indiana?—A. I think about two years. 

Q. Was his wife living with him there?—A. Yes. They were farming ami 
lived in Anderson. 

Q. Did his wife vote in the last general election?—A. No. 

Q. Did he vote in Olin?—A. Yes. 

Q. How?—A. Rejmhlican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Were thej' between the ages of 21 and 50 on the 1st day of IMay, 1919?— 
A. Yes. 

Q. How old is T. J. Tilley?—A. Twenty-five. 

Q. E. S. Tilley?—A. There isn’t much difference in their ages. 

Q. Did they vote in the last general election in Olin Township?—A. They did. 
Q. How?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. The residence *of W. P\ A. Houpe, Hr. Honey, and JMr. Pharr has been 
in Iredell since Hay 1, 1919?—A. Yes. 

Q. In fact, all their lives?-—A. Yes. 

Q. Hr. ,J. E. Garriss, do you know him?—A. Yes. 

Q. How old is he?—A. He was 21 when he registered. 

Q. Have you any information in regard to Mr. Garriss?—A. He told Hr. 
Sizeloaf that he hadn’t paid any poll tax. 

Q. Did he vote in the last general election?—A. He did. 

Q. How?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do yoip know S. G. Goodman ?—A. I do. 

Q. Was he a soldier?—A. Yes. 

Q. AVhen was he discliarged?—A. Discharged July 27, 1919. I think is the 
exact date. 

Q. After IMay 1, 1919?—A. Yes; I saw the discharge. 

Q. Did he vote in your precinct?—A. Yes. 

Q. How?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. About how old is Hr. Goodman?—A. I would say 26 or 27. 

Q. He has lived in Iredell County all his life?—A. Yes; ever since I knew 
him. He was there before Hay 1, 1919, and has been there ever since. 

Q. The two Hr. Tilleys, they came from Guilford County, High Point?—A. 
Yes, sir, 

Q. AVhere did J. E. Garriss come from?—A. I think he moved from States¬ 
ville to a farm. 

Q. He was living in Iredell County on May 1, 1919, and has been since?— 
A. Yes, 

Q. Had the Messrs. Tilley been in Iredell six months prior to the election 
on November 2, 1920?—A. I do not think so. 

Q. Do you know when they moved here?—A. I do not. 

Q, You taOved to their father about these boys?—A. I talked to L. P. Money. 
T could not say exactly about those Tilley boys, because they have been here 
before and back. I could not swear as to the exact time. 


856 


CAMPBELL VS. DOUGH TON. 


Cross-examination hy Mr. Dulin : 

Q. INfartiii ]\[it(hell was not rejtistered ?—A. No. 

Q. Yon say yon held tlie election np there together with two judges?—A. Yes. 

Q. When he presented himself to vote did yo\i challenge him?—A. I did not. 

(}. When the people presented themselves to vote did yon look np their name 
to see if they were registered?—A. I did the ones I was not sure ahont. 

Q. Yon did not look np Mr. Mitchell’s name?—A. No; 1 thought he had been 
registered. 

Q. Had he been before yon for registration?—A. No. 

Q. How long had he lived in your precinct?^—A. Ever since I knowed him. 

Q. AVhy did yon thiidv he was registered?—A. I thought he was registered 
years befoi’e. 

Q. As a matter of fact, is not his name on some of the old registration hooks 
and yon failed to carry it forward?—A. T don’t know. 

Q. Yon conld not swear as to that?—A. His name was not on the new book 
nor the book I got. 

Q. Yon do not know whether he was really registered or not?—A. He was 
not on the book. , 

Q. Y’'on conld not swear he had not been registered years before that?—A. I 
do not know about that. 

Q. I will ask yon whether yon can swear that or not?—A. No; I can not 
swear it. 

Q. Silas Gregory, yon state he did not live in the precinct?—A. Does not 
now. 

Q. How near the line do yon consider he lives?—A. About as close to the 
line as across this room. 

Q. Is the I ne a idainly marked township line? Any stakes or trees?— 
A. No. 

Q. Is there a line there of any description that yon conld describe?—A. I 
just know what it has always been said. It has always been pointed out where 
the line between Olin and Tnrnersbnrg was. I know the house where he lives. 
Some land in that farm is in Tiirnersburg and some in Olin. 

Q. On wh ch farm? The one he lives on?—^A. He does^ not live on a farm. 
He lives in one of the company’s houses in Tnrnersbnrg. 

Q. W. P. A. Honpe, what was that yon testified as to his age?—A. I saw Mr. 
Honpe and asked him about his age, and he told me he was born October 24, 
1869. 

Q. All yon know about it is what he told yon?—A. I know what he told me 
and what he told Mr. liOwis. 

Q. What is E. H. Money’s age?—A. I don’t know his exact age, 24 or 25. 

Q. Do yon know of your own knowledge or are yon guessing?—A. I know he 
registered and was called in the first draft 'n the Army. 

Q. As a matter of fact yon do not know how old this party is—what year he 
was born?—A. I do not. 

Q. Do yon think you can tell a man’s age by looking at him?—A. I know 
what his father told me. He said he went to camp and was there only a few 
days when he was discharged. 

Q. Jno. Pharr, what is his age?—A. I don’t know his exact age. 

Q. R. E. Sherrill ?—A. I don’t know. 

Q. I believe yon stated he Pved in Indiana?—A. Yes. 

Q. How long had he lived there?—A. I think about two years. 

Q. What did he do in Indiana?—A. I don’t know exactly. He lived in 
Anderson. 

Q. Did he live in Olin before he moved to Indiana?—A. I don’t think he did. 

Q. How long had he been back in Olin before the election?—A. Came bjick 
to Olin November 10, 1919. 

Q. Where did he come from, if you know?—A. Anderson, Ind. 

Q. Do yon know that of your own knowledge?—xV. I know what he told me. 

Q. Do you know when he moved out of the State of North Carolina he in¬ 
tended to move his residence?—A. I don’t know. 

Q. Yon don't know whether he intended to return or not?—A. No. 

(}. T. .1. Tilley and E. S. Tilley, yon state they were from Guilford County?— 
A. From High Point. 

Q. Do yon knOAV what day they moved into Olin Township?—^A. I do not. 

Q. Y^on do not know whether they were legally qualified to Amte or not, do 
yon?—A. I conld not swear as to that. They are in and out and I can’t keep 
np with them. 


CAMPBELL VS. HOUGHTON. 857 

Q. W li.it (lid yon testify as to J. K. Garriss’s a,c,'e?—-A. He j;ave li’s aite to 
me as 21. 

Q. When did he refiister?—A. He registered after the primary election, one 
or the other. 

Q. When was the primary held?—A. It was held at the re^tnlar t ine. 

Q. If he was 21 at the time he registered, he wonld not he liable for poll tax 
for 1919?—A. It depends on what time of the year he was horn. 

Q. Do yon know when he was horn?—A. No. 

(h Do yon know ahont when it was?—-A. He registered in the No^■emher 
election. 

Q. Did yon register him?—A. Yes. 

Q. Did he swear he was 21?—A. He did. 

Q. S. C. (xoodman. I believe yon stated he was 2(5 or 27. Do yon know his 
exact age?—A. Not exactly. 

Q. You stated yon conld gness a man’s age within five or s’x years.—A. No; 
I didn’t mean to say that. 

Q. Then jmn may be mistaken as to his age?—A. I know he was old enough 
to be called in the first draft. That would make him about 25 or 2G. He 
might have been 22 or 23 then. I know he was over 21. 

Q. Will yon swear to it?—A. Yes. 

Q. How much over 21?—-A. He is some over that. I will swear that. 

Q. And yon are basing yonr tesfmony upon pure guesswork?—^A. No. 

Q. Yon do not know when he was born?—A. I do not. 

(}. Did yon register him?—A. No. 

Redirect examination ; 

Q. Mr. Kilpatrick, yon were registrar there; had the registration book?— 
A. Yes. 

Q. That shows the ages of people as they register?—A. Yes. 

Q. And the ages you give are about the ages as given by the registration 
book?—A. Yes. 

Q. You know that all these parties, possibly with the exception of Garriss, 
are between the ages of 21 and 50, or were on May 1, 1919?—A. Yes. 

Q. And you say Mr. Garriss told Mr. Sizeloaf he was due poll and liad not 
paid it? Mr. Sizeloaf was summoned to be here to-day?—A. Accepted service 
in my office at the same time. 

Q. You do know that Mr. Sherrill took his personal belongings, including 
his wife, and went to Indiana and stayed two years and i-etnrned to Olin?— 
A. I know he took his wife, but I don’t know whether he stayed two years 
or not. 

N. F. BLACKWELDER, witness for the contestant, being duly sworn, testi¬ 
fied as follows : 

Direct examination by Mr. Lewis : 

Q. Yon live in Bethany Township?—A, Yes. 

Q. Do you know where the Turnersbnrg and Dlin Townshi]) line is?—A. I 
think I do. 

Q. How old a man are you?—A. Fifty-four the 15th of last August. 

Q. In which township does Mr. Gregory live?—A. In Turnersbnrg. 

Q. On the day of election did he come to Bethany to vote?—A. Yes; in the 
evening about 3 or 4 o’clock. 

Q. You did not let him vote?—A. No. 

Q. And he went over to Turnersbnrg and voted?—A. I did not say that. 
I said, “ Mr. Gregory, you know you have been away entirely too long to vote,” 
and he says, “Yes;" I have been away too long.” but he said he wanted to 
register in'Olin, and I said, “ You don’t belong in Olin.” 

Q. You know where that line is?—A. I do. 

(}. Had it pointed out to you numbers of times?—A. 1 have known where 
the line was for years. Know the house the boy lives in, and was living in 
then. No use to argue that. 

Cross-examination by Mr. Dijlin : 

Q. Any marks by which 1 could determine the line?—A. That has been 
an established township line ever since before you and I were born. It is 
there, and the people know it, and I know it. 

(). Is there anything there that would indicate to a stranger about the 
line?—A. No; you would not know. He lives close to the line—about 50, GO, 
or 75 feet. 


858 


CAMPBELL VS. DOUGHTON. 


Q. If the line was rerun, it might include him?—A. It might. He is in 
Turnersburg. 

Q. Did he tell you they would not register him in Turnersburg and Olin?— 
A. He didn’t say anything about Turnersburg. He said he was not registered 
in Olin, and he had come back there to vote. I told him I could not let him 
vote. 

Q. Had he been away something like two years?—A. Yes, 

Miss INIcLELLAND, deputy sheriff, recalled for contestee: 

Direct examination by Mr. Lewis ; 

Q. Miss McLelland, I hand you a list of voters of Olin Township, the persons 
test tied to l)y ^Ir. Kilpatrick, who preceded you on the stand. Look over this 
and state for the record what the tax books of Iredell County show as to their 
1919 poll tax.—A. W. F. A. Houpe; I do not find any tax charged to him in 
Olin Township. I find some tax charged in Bethany, but no poll charged. It 
was paid January 2, 1920. E. H. Money; not paid. John Pharr; not paid. 
It. A. Sherill; I find him on Sharp.sburg Township. T. J. Tilley ; not charged. 
No tax on the records. E. S. Tilley; not charged. No tax on the records. 
J. E. Garriss; not charged. S. G. Goodman; not charged. No tax charged 
against him. 

Q. So your records show that these parties have not paid their poll tax in 
Iredell County on or before May 1,,1920, for 1919?—A. Yes. 

Cross-examination by Mr. Dulin : 

Q. I believe you stated W. F. A. Houpe did not have a poll charged on his 
tax receipt, which he paid January 2, 1920?—A. Yes. 

Q. The amount of taxes he did pay would have covered his poll tax if it 
had been charged?—A. Yes. 

Q. It was through no fault of his that a poll tax was not charged?—A. I 
can not say as to that. 

Q. You testified heretofore that when an amount was paid it was applied 
to the payment of poll tax?—A. Yes; where the poll was charged. 

Q. And where he was liable it would be the same, would it not?—A. I 
would not say about that case. I have not had a case like that. 

Q. Had he paid his tax in Statesville Township—A. I did not look to see. 
I can look at the record. In Statesville outside, he paid $2.4,5. The same day 
he paid the other tax. 

Q. Is that property tax?—A. Could not be a poll, as it was not enough for 
poll tax for 1919. The poll tax for 1919 was $3.18, or something like that. 

Q. He paid Iredell County more than $60 as tax, did he not?—A. He paid 
$58.38 and $2.45 in another township. 

Q. As to the other parties that you testified to as having failed to pay 
taxes in Iredell County, you don’t know, as a matter of fact, whether they 
paid taxes in some other county or not?—A. No. 

Q. Have you examined the tax records of other townships outside of Olin 
t(t see whetber these parties names appear on the list that is paid?—A. Yes. 

Redirect examination: 

Q. Miss McLelland, when there is a poll tax and property tax, when the 
])oll is not charged at all, any amount they pay can not be credited on the 
poll?—A. No; it has to cover the tax that is charged. 

Q. So where the poll is not charged, he does not pay?—A. We have never 
considered it so. 

The hearing in the case of James I. Campbell, contestant, v. R. L. Doughton, 
contestee, was resumed to-day, March 31, 1921, 

Present representing the contestant, P. P. Dulin and Monroe Adams, 
attorneys. 

Present i-epresenting the contestee, R. L. Doughton in person, and Lewis & 
Lewis, Long & Jurney, and W. D. Turner. | 

L. A. BOGGS, witness for the contestee, being duly sworn, testified as fol¬ 
lows : 

Direct examination by Mr. Lewis : - ■ * 

Q. You ore a voter in Union Grove Township, this county?—A. Yes. ^ 

Q. Do you know’ a man by the name of Furchess Messick?—A. Yes. * ‘ I 

Q. Where is his home?—A. This has been his home all his life. * 



CAMPBELL VS. DOUGHTON. 


859 


Q. How Ion, 2 : have yon known him?—A. I have known him 10 years. I have 
been in this county for over 10 years and lived close to him. He has been in this 
county ever since I knew him until March, 1919, he left and went to New 
Jersey. 

Q. When did he come back?—A. Tn February of 1919. 

Q. Did he vote in the last election?—A. Yes, 

Q. Do you know how?—A. Not exactly. 

Q. His father is a Republican ?—A, I suppose so; he is reputed to be one. 

Q. So if he made any return of his poll tax during the year 1919 he would 
have made it here, unless he changed his residence and made it in the State of 
New Jersey?—A. I suppose so. 

Q. He is within poll-tax age?—A, Yes. 

Cross-examination by Mr. Dulin : 

Q. What is his name?—A. Furchess Messick—D. F., jr. 

Q. Do you know how old he is?—A. Twenty-three years last September. 

Q. How did you find it out?—A. His mother told me so. 

Q. You say he had been to the State of New Jersey?—A. Yes. 

Q. Did he go there with the intention of staying?—A. Went there with the 
intention of working in the fishing season. He is working, I understand, with 
his brother in the fisheries in New Jersey. 


T. G. WALLACE, witness for the contestee, being duly sworn, testified as 
follows: 


Direct examination by Mr. Lewis : 

Q. INlr. Wallace, you live in Eagle Mills Township?—A. Yes. 

Q. Were you registrar up there for the election on November 2, 1920?— 
A. Yes. 

Q. You were there as an election officer on the day of election?—A. Yes. 

Q. Do you know W. L. Barnard?—A. Yes. 

Q. Did he vote in the election on November 2, 1920?—A. I think he did. 

Q. How did he vote?—A. Voted Republican ticket. 

Q. And for Dr. Campbell?—A. Yes; I think so. 

Q. He is a Republican, i.'s he not?—A. Yes. 

Q. Do you know Walter Boger?—A. Yes. 

Q. Did he vote in the last general election?—A. Yes. 

Q. How did he vote?—A. He voted the Republican ticket. 

Q. And for Dr. Campbell?—A. I suppose so. 

Q. He was summoned here to-day, was he not?—A. Yes; he came to my house 
yesterday and told me he was summoned and asked me to write an affidavit 
for him. 

Q. Did ISIr. Boger make this affidavit before you?—^A. Yes. 

(Contestant objects.) 

On th's the 30th dav of :\rareh, 1921. personally appeared ])efore me. T. G. 
Wallace, a justice of the peace in and for Iredell County, Walter Boger, of said 
countv. who, being by me duly sworn, says that he voted in the general election 
last fall in Eagle Mills precinct; that at the time of casting said vote he told the 
registrar that he had paid his poll tax for the previous year in Davie County. 
He now says he was mistaken about paying his tax, and had not paid at that 
time any tax. He further states that he has been summoned to appear at States¬ 
ville on" the 31st to give evidence in regard to the matter. He further states 
he is now expecting his wife to be sick at any time and that he has no one to 
leave with her while he is attending under said summons, and desires that the 
court accept this affidavit in lieu of his personal attendance. 

Walter (his x mark) Boger. 


Subscribed to and sworn before me this the 30th day of March, 1920. 

T. G. Wallace, J. P. 


Q. You say he voted for Dr. Campbell?—A. I think so. 
Q. Do you know Henry Jenkins?—A. Yes. 

Q. Did he vote in the last election?—A. Yes. 

Q. Where?—A. Eagle Mills Township. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. I think so. 

Q. J. W. Ireland—do you know him ?—A. Yes; I know 


him very well, indeed. 


860 


(JAMPBEl.L VS. DOUGHTON. 


Q. Did he vote in the last general election?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. All these parties whose names I have called are Republicans?—A. Yes. 

Q. And all of them are within poll-tax age—between the ages of 21 and 50 on 
May 1, 1919?—A. I think so. 

Q. J. E. Cain—do you know him?—A. Yes. 

Q. He was a soldiei’ in the late war with Germany?—A. Yes; he went to 
France. 

Q. Do you know when he was discharged?—A. He was discharged and came 
home and then volunteered. He was home a short while and went back. 

Q. Do you know Frank Hill?—A. Yes. 

Q. He was a soldier discharged in March, 1919?—A, Yes; from the best in¬ 
formation I got. 

Q. L. P. Templeton—do you know him? He was a soldier?—A. Yes. I think 
he went to France. 

Q. He was discharged in the early spring of 1919?—A. I think so. 

Q. Now, Mr. Cain, IMr. Hill, and Mr. Templeton, they all three voted in the 
last general election?—A. Yes. 

Q. Voted the Republican ticket?—A. Yes. 

Q. And for Dr. Campbell?—A. Yes; I suppose so. 

Q. Were they all three within poll-tax age?—A. I think so. 

Q. Were they between the ages of 21 and 50 on May 1, 1919?—A. Yes. 

Q. All these names I have called, with the exception of Walter Roger, lived 
in Iredell County prior to IMay 1, 1919, up to the present time?—A. That is my 
information. That fellow .Tenkhis. I never knew until registering time last 
spring. He asked me what about his residence; said he hadn’t paid his poll tax. 
That is all I know. I don’t know how long he had been here. 

Q. Walter Roger, the man’s affidavit I have just read, came from Davie 
County?—A. Yes. 

(The contestant objects to all the foregoing questions and answers based 
upon hearsay testimony.) 

Cross-examination by Mr. Dulin ; 

Q. Did you see all the people and how they voted on election day, Mr. 
Wallace?—A. Not all of them. 

Q. Your evidence here in regard to the way these parties voted is based upon 
their affiliation with the Republican Party, is it not?—A. Not altogether. 

Q. You stated you supposed some of these parties voted the Republican ticket. 
You do not mean to swear positively that they did?—A. I would not as to all 
of them, but that is the way they all vote. 

Q. You did not see every vote as it was cast in the congressional ballot box, 
did you?—A. No; I do not know I could say I did. 

Q. And you could not swear that any particular one voted for Dr. CamiTbell, 
could you. of your own knowledge?—A. No; not of my own knowledge. 

Q. Yon could not he i)os:tive about how a man did vote unless you did see his 
ticket?—A. 1 would not want to sweai* just how nidess T seen his ticket. 

Q. You took an affidavit from Mr. Roger saying he was unable to attend this 
hearing because of his wife’s illness?—A. Yes. That is what he told me this 
morning. 

Q. There is no nmson why he might not atteiul this hearing after this, is 
there, even admitting that his affidavit is true?—A. No. He told me he had 
no one to leave with his wife. I could swear as to how he voted. I recollect 
seeing his ticket. He come and asked me a question about his tax, and some of 
our people hadn’t got a clear understanding that we were not to sustain chal¬ 
lenges on account of poll tax, and he come to me with his tickets in his hands 
and said he wanted to vote. Soino of them wanted to c’>;dlenge him, hut 1 s^^'d, 
“ We are not going to sustain any challenges, but I will ask you just for in¬ 
formation,” and he had his tickets and I could see them. I know he had a set 
of Republican tickets. He told me he had paid his tax and said he had his 
receipt, and T told him that would settle it. I aimed to let him vote, anyway. 
I know he voted the Republican ticket, hut I don’t have any recollection of 
seeing the others. T know how they usually vote. 

Q. You say he had a hatch of Republican tickets?—A. Yes. I saw them well. 
He had them in his hand. 

Q. Were they pinned together?—A. No. 

Q. Were they spread out?—A. I saw the whole .set of tickets. 

Q. As to Walter Roger, you are certain as to how he did vote?—A. Yes. 


CAMPBELL YS. DOUGHTON. 


861 


Redirect examination: 

Q. "lliose persons whose names yon have called are Republicans, are they 
not?—A. Sure. 

SAM JOYNER, witness for the contestee, being duly sworn, testified as 
follows: . , 

Direct examination by Mr. Lewis: 

Q. Mr. Joyner, you are a voter in Eagle Mills Township?—A. Y^es. 

Q. These persons whose namesT have called and examined Mr. Wallace about 
are Republicans, are they not?—A. Yes. 

Q. Do you know Hernian G. Batey?—A. Yes. 

Q. Was he a soldier?—A. Yes. 

Q. Do you know when he was discharged?—A. I do not. 

Q. Was it late in the spring of 1919?—A. It was in the spring. 

Q. Do you know H. L. Norman?—A. Yes. 

Q. Was he too old to pay poll tax for the year 1919?—A. I could not say 
positively. I think he was. 

Q. How about W. D. Swink?—A. He is too old. 

Q. Mr. Joyner, did A. W. Pharr swear that he heard a conversation between 
you and Bud Myers in Eagle Mills in which you stated that if he would vote 
the Democratic ticket and got in trouble you w^ould help him out; did you have 
such a conversation?—A. I did not. 

Q. Mr. Myers is a Democrat?—A. Yes; he voted that way in the primary both 
times. 

Cross-examination by Mr. Dulin : 

Q. W^hat is Mr. Swink’s age?—A. I could not say positively. He is over 50. 
I would take an oath he is over 50. Somewhere between 50 and 55. 

Q. You know he is over 50 at present?—A. Yes; I know that. 

J. W. SHARPE, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Lewis : 

Q. Mr. Sharpe, do you know Geo. D. Renegar?—A. Y"es. 

Q. Is he a voter in Eagle ^lills Township?—A. He is. 

Q. When he left here to go to Kentucky to a ministerial school to study did 
ne leave an ab.sentee vote with you to mail in?—A. He did. 

Q. Y^ou witnessed it and mailed it in?—A. I did. 

Q. Have you an affidavit in regard to that from Mr. Renegar?—A. I have. 

Q. Where is he now?—A. Pie is in Louisville, Ky. 

(The contestee' introduces the affidavit of Geo. D. Renegar, marked Exhibit 
A to be kept in the record.) 

(The contestant, through his attorneys, asks the attention of the committee 
to the signature of affidavit, and the signature as appears upon the certificate 
signed by the voter, and introduced in the record of the conte.stee as coin- 
par i.son. ) 

A. Mr. Renegar said he wanted to vote, and would have to vote absentee, and 
asked me if I had any blanks. I told him the blanks hadn’t been printed for 
the November election and told him to write me a card, and that I would mail 
him a certificate and set of tickets, but I got to looking around and found one 
of the certificates that was used in the primary for .Tune 5, 1920, and I told 
him he could sign that, and I would take it up with the chairman and Mr. Hart- 
ness, and if they thought that was all right I would vote it. Otherwise, we 
would send him another certificate so he could send that in. I talked with 
these gentlemen, and they said it was all rght, and I changed the date from 
June 5, 1920, to November 2, 1920, so I mailed that set, but some one else mailed 
him a certificate and tickets. 

Cross-examination by Mr. Dulin : 

(}. I believe you are working in the office of the clerk, and it was in that 
office where the voter appeared and signed the certificate?—A. Yes; with Rev. 
Turner, in the presence of Mr. Renegar. 

Q. I believe the clerk of the court, in the office you work, is chairman of the 
Democratic executive committee of this county?—A. He is. 

Q. And as such chairman he also had an active jmrt in the arrangement of 
the ab.sentee votes?—A. To some extent. 


862 


CAMPBELL VS. DOUGHTON. 


Q. Ill tins office the new iiieinbers kept a check on the absentee voters 
thronshoiit the county, did you notV—A, Not tliat I know of. If we found out 
a man was living away from here, or some one came in we would let them sign 
up and send them ourselves, or turn them over to the cliairinan of the county 
board of elections. 

(,). I believe the affidavit states that this voter, Mr, Renegar. sent an alisentee 
vote from I.iOuisville. Ky., to the registrar.—A. That is what it saj's. 

You mailed one out from Statesville, the one he left with you?—A. I did. 

(). The voter states in that affidavit that he left a vote with you?—A. He did, 

i}. He also mailed a vote. Does he state in that affidavit which vote he re¬ 
called?—A. He does not. He knew the .judges would not vote but one vote if 
they were to receive two, as they were both from the same person. 

Q.* Was that affidavit its he has si-gned it made in Iredell or made in Louis¬ 
ville, Ky.?—A. I wrote him about this matter. I made the affidavit and mailed 
it to him and told him to make any changes. He put the date in himself—prob¬ 
ably another thing or two that was added in. 

(,'). Then, ^Ir. Sharpe, he didn’t notify you not to send in jmur vote, did he?— 
A. No. 

Q. He knew he had left a vote with you?—A. He did. He iiroliably thought 
that this (“ertihcate he had signed was no account and he had better sign a 
new one. 

(,). What was the matter with the (*ertiticate he had signed with you?—A. 
Nothing except the certificate was made for the primary June o, 1920, and I 
didn’t know whether the .iiidges would accept a certificate like that, and might 
want a regular pi-inted ticket for November 2, 1920. 

Q. If you had it entered and arranged this vote for him, how do you account 
for the fact that he sent this second vote to you?—A. I could not tell you. 

i). You are a resident of his township?—A. No. He is a resident of an ad- 
.ioining township to mine. 

(^. AVas the absentee vote that was dispatched from this town sent from your 
ollice?—A. No. 

Q. Was it sent out by some of the county management?—A. Not that I know 
of. Suppo.se it was sent from IMr. Lewis. 

Q. Don’t you know it was sent from INlr. Lewis?—A. I suppose so. 

Q. The certificates for him to fill out, were they sent from Iredell County?— 
A. I could not tell. I suppose so. 

(J. Through what channels were those certificates sent out? AVho had tliem in 
charge?—A. I suppose Mr. I^ewis sent out most of them to the dilTerent parties. 

(}. I will ask you, as a matter of fact, if Air. Lewis did not deny these certifi¬ 
cates to anyone except those who wi-ote and asked for them individually?—A. 
Probably some one applied. Some of his friends there. 

Q. Didn’t he inake that statement?—A. I don’t know what he made. 

Q. As a matter of fact that is a kind of colored arrangement of the law, is 
it not?—A. I don’t know what the law is. I am not a lawyer. 

(}. That was one of their plans?—A. I could not tell you what their plans 
were. 

Q. Did you make up any other certificates?—A. Y"es; I think I made up 
others. 

Q. Did you use this primary certificate in making up those?—A. I don’t re¬ 
member whether I used them or not. 

Q. Did you make ip) any certificates on the regular election ticket?—A. I 
think so. 

ii. Where did you get the blanks of those regular election certificates?—A. The 
parties would come in and ask me to get certificates for them, and I would go 
to Air. Ijewis and apply for them. 

Q. And anybody who gave Air. Lewis the name of a person, then he would 
send a certiflcaU^ to him?—A. I never did ask for any to ])e mailed. They 
always api^eared in person and asked me to get them a certificate. ;ind I would 
go to Air. Lewis and tell him such and such a person had applied, and he would 
give it to me, and I would fill it out. Some Republicans applied to me. I made 
out one or two. D. F. Alessick asked me to get a certificate for him and I went 
to Air. Lewis and .got it and filled it out for him in the office, and also a physi¬ 
cian’s certificate. Dr. .lurney signed as an absentee vote. 

Q. It was no trouble for you to get certificates?—A. Only through proper 
channels. 

Q. Do you know how many other people had this same opportunity?—A. I 
don’t know anything about it. 


CAMPBELL VS. DOUGHTON. 


863 


T. G. WALLACE recalled for contestee. 

Direct examination by Mr. Lewis : 

Q. In regard to the votes of Geo. D. Renegar, I believe yon swore on cross- 
examination that you voted the set of tickets mailed you from Kentucky, and 
did not vote the one that was mailed from Iredell?—A. That was turned over 
to the court. 

Cross-examination by Mr. Dulin : 

Q. Mr. Wallace, you never did receive instructions from anyone, not even 
Mr. Renegar himself, not to vote both of those votes, did you?—A. No. The 
votes .just came in, one of them was postmarked Statesville and the other 
Louisville. We decided to vote the one that came from where the boy was. 

Miss McLELLAND, deputy sheriff, recalled for contestee: 

Direct examination by Mr. Lewis ; 

Q. I hand you a list of the persons whom ]\lr. T. G. Wallace swoi-e voted in 
the last election in Eagle Mills Township. Please look at it and call their 
names, and tell what your tax records show in regard to the poll tax.—A. W, 
L. Barnard; I do not find him on the records at all. Not charged and not paid. 
Walter Roger; poll tax for 1919 not charged and not paid. Henry Jenkins; 
1 K )11 tax not charged and not paid. 

Q. You mean poll tax for 1919?-—-A. Yes. J. W. Ireland; poll tax for the year 
1919 not charged and not paid. E. J. Cain; poll tax for 1919 not charged and 
not paid. Frank Hill; poll tax for the year 1919 not charged and not paid. 
L. P. Templeton; poll tax for the year 1919 not charged and not paid. 

Q. That is, the tax books show that these people did not pay their poll tax on 
or before May 1, 1920?—^A. Yes. 

Cross examination by Mr. Dulin : 

Q. As to these parties you have just testified to, you do not know whether 
they have paid their poll in an adjoining county—in other counties of the 
State?—A. I do not. 

H. P. VANHOY, witness for the contestee, being duly sworn, testified as fol¬ 
lows : 

Direct examination by Mr. Lewis : 

(.). You are a resident of Union Grove Township, Iredell County, are you 
not?—A. Yes. 

Q. You were registrar there at the last general election on Novinbei- 2, 1920?— 
A. Yes. 

Q. Were you there on the election ground that day as an* election officer?— 
A. Yes. 

Q. Do you know Leonard Templeton?—A. Yes. 

Q. Do you know his wife, Eva Templeton?—A. Yes. 

Q. Did they both vote? Vote in the lase general election?-^A. Yes. 

(J. How did they vote? — A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. How long have they been residents of the State of North Carolina?—A. 
There is a question there. Mr. Templeton was born and raised in that county 
and lived there all the while until, he says, four years ago. 

Q. Then where did he go?—A. He was in New Jersey and Pennsylvania. 

Q. Was his wife with him?—A. Not at that time. They were not married. 

Q. Did she live with him in New .lersey?—A. Yes. 

Q. When did they come to North Carolina?—A. Some time after Christmas. 
Some time in the spring of 1920. Mr. Templeton, when he went to New Jersey or 
Pennsylvania, one—he was in both States—said he wrote to the registrar for 
a certificate of registration to vote either in Pennsylvania or New .Jersey. 
Anyway, he wrote here for a certificate?—A. So he registered and voted in 
Pennsylvania. 

(Contestant objects to all this hearsay testimony.) 

(This testimony is offered to corroborate Mr. J. G. Morris, the witness to be 
called next by contestee.) 

Q. Do you know the following persons: M. L. Bustle?—A. Yes. 

Q. DWl he vote in the last general election in Union Grove Township? 

A. Yes. 


864 


C’AMPBELL VS. DOUGHTON. 


Q. Ilow (lid he vote?—A. Kepiihlicaii ticket. 

Q. And for Dr. Dampbell?—A. Yes. 

Q. AVas lie within tlie poll-tax a^e—between the ajres of 21 and 50—on May 
1, 19]0?—A. I think .so. 

Q. Where did he live dnrins the year 1919?—A. He has always lived in 
Dnion Grove Townshii>. 

Q. Madison Campbell; do you know him?—A. Yes. 

(}. D'd he vote in the last general election in Union Grove Townshij)?— 
A. Yes. 

Q. How did he vote?—A. liepiihlican ticket. 

Q. And for Dr. Campbell?—A. Y^es. 

Q. AVas he within the poll tax age for the year 1919. and a resident of Iredell 
County at said time?—A. I think so. 

Q. J. AA'. Elmore ; do you know him ?—A. I do. 

Q. Did he vote in the general election in Union Grove Township?—A. Y"es. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Was he within the poll-tax age for 1919, and a resident of Iredell County, 
N. C.?—A. Yes. 

Q. In other words, if these parties had made any poll-tax returns, they should 
have made them in Iredell County?—A. Yes. 

Q. Do you know A. F. Holcomb?—A. I do. 

Q. Did he vote in your precinct at the last general election?—A. Yes. 

Q. How did he vote?—^A. Republican ticket. 

Q. And for Dr. Campbell?—^A. Yes. 

Q. Was Mr. Holcomb within the poll-tax age for the year 1919, and a resident 
of Iredell County?—A. Yes. Mr. Holcomb went away for some time. I did 
not know when he got back. It may be he was out of the county. 

Q. Mr. Burett Money, do you know him?—A. Yes. 

Q. Did he vote in the last general election?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Was he within the poll-tax age?—A. He said he was. 

Q. Do you know Furchess Messick?—A. I do. 

Q. Did he vote in the last election in Union Grove Township?—A. Yes. 

Q. How?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Mr. Messick’s home has been in Iredell County, except for the short time 
he was in the Stnte of New Jersey?—A. He told me he had never been out of 
the State longer than eight months. 

Q. D. E. Pharr, do you know him?—A. I do. 

Q. Did he vote in the last general election in Union Grove Township?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Is he within poll-tax age, and a resident of Iredell County?—A. All his life. 

Q. He was a soldier. Do you know when he was discharged?—A. He was 
discharg(Ml in time'to go to the return'ng in 1919, on IMay 1. 

Q. He was discharged prior to May 1?—^A. He was home before May 1, 1919, 
and went with me to the tax returning in 1919. 

Q. Do you know Clarence Rash?—A. I do. 

Q. Did he vote in the last general election in Union Grove Township?—^A. Yes. 

Q. How?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes; I think so. 

Q. Do you know W. M. Reavis?—A. I do. 

Q. Did he vote in the last general election?—A. Yes. 

Q, How?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Y^es. 

Q. Mr. Rash and Mr. Reavis are both of poll-tax age, and should have made 
their poll-tax returns in Iredell County if they made any. In other words, 
they were residents of Iredell County?—^A. Yes. 

Q. Carl Fraley, H. A. Jurney, Harvey Mullis, and Glenn Templeton, did 
these parties vote in the last general election in Union Grove Township?—A. 
Yes; I think so. 

Q. How did they vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. I think so. 

Q. Each of them voted the Republican ticket and each voted for Dr. Camp¬ 
bell?—A. Yes. 


CAMPBELL VS. DOUGHTON. 


865 


Q. They were soldiers, were they not?—A. Yes. 

Q. And your information is they were discharged after May 1, 1919?—A. Yes; 
I know part of them was, and I think the others were, too. 

Q. They were all within poll-tax age?—A. I think so. 

Q. Iredell County was their home during 1919?—A. Yes. 

Q. The other persons’ names you have called are not soldiers, with the 
exception of Mr. Pharr?—^A. I think not. 

Cross-examination by Mr. Dulin : 

Q. I believe you stated Mr. Leonard Templeton and wife had been living in 
New Jersey or Pennsylvania, did you not? Do you know that of your own 
knowledge?—A. I know they had gone somewhere, and he told me that. 

Q. But you do not, of your own knowledge, know whether he went to Penn¬ 
sylvania or not?—A. I was never there myself. 

Q. Is he in Iredell now?—A. Yes. 

Q. Is his wife in Iredell?—A.-Yes. 

Q. He is well and able to attend this hearing if he wanted to?—A. I sup¬ 
pose so. 

Q. The same is true as to all these other parties that you have testified 
about, is it not? They are in the county, are they not?—A. I suppose so. 
Possibly some are not. 

Q. They could be here at this hearing to testify as to their age and how they 
voted, could they not?—A. I suppose they could. 

Q. Did you see all of these people vote on election day?—A. I was standing 
in a certain inclosure when they passed by and went to the election box. 

Q. How close to the congressional box were you?—A. I could have reached 
it with my right hand all the time, nearly. 

Q. Were you facing the voter as he put his tickets in, or would you be at 
his back?—A. The registrar and the two judges faced the boxes most of the 
time. Df eourse, I turned around and looked about several times, but most 
of the time we were facing the box. The voter would come in on the other 
side and hand the tickets. We had a man in there to keep the record that 
they voted, and how. 

Q. Who was he?—A. Harvey Mullis, a Republican. i 

Q. Is he in the county?—A. He is. 

Q. He could be up here?—A. I suppose so. 

Q. Are .vou willing to swear that you know absolutely the exact ticket all 
these parties voted on November 2, 1920?—A. No; I can not swear that I 
saw any exact ticket. 

Q. And you can not swear positively that they voted for Dr. Campbell, ex¬ 
cept you kno\^ they are reputed to be Itepul)licans?—A. I know they are reputed 
to be Reiniblleans. I know also they voted the Republican ticket. 

Q. Rut some might have voted the other ticket?—A. It could have been 
done. In other words, I was the registrar, not the judge. The judges handled 
the tickets. 

Q. I want to know if you know exactly how these people voted?—A. I have 
answered .vour question once. 

Q. You do not pretend to say it was not done?—A. I will not swear it was 
not done, but I will swear I do not believe it was. 

Q. You are testifying on belief, are you not, in regard to how they voted?— 
A. I always swear to the best of my knowledge and belief. 

Q. And you did testify that you did not see the tickets as they were put in 
the congressional box?—A. Of course, I didn’t see every ticket that was put 
in the box, but I was right there* and saw the majority of them. I was on m.\^ 
job and tried to handle matters the best I could. I didn’t try to look at every 
man’s ticket. 

Q. And you didn’t pay any special attention to these names?—A. Not any 
more attention to these than to the general election. 

Q. Could you give me an estimate as to how they voted?—A. I don’t under¬ 
stand your question thoroughly. 

Q. Could you give me an estimate as to how many people’s tickets you did 
look at as they cast their ballot on that date?—A. I didn’t go to these men 
and take their tickets and separate them and look at them. 

Q. You didn’t unfold any tickets?—A. I unfolded my own and that is all 
T did. If you will put these men on the stand they will all swear they voted 
the Republican ticket. 


57095—21-55 



866 


CAMPBELL VS. DOUGHTON. 


Redirect examination: 

Q. They are Republicans?—A. Yes; they are reputed to be. 

J. G. MORRIS, witness for the contestee, being duly sworn, testified as fol¬ 
lows ; 

Direct examination by Mr. Lewis : 

Q. You are a resident of Union Grove Townsip, this county?—A. Yes. 

Q. Were you registrar for the election of 1918?—A. Yes; and 1916 and 1914. 

Q. While you were registrar, did you get a letter from Mr. Leonard Tem¬ 
pleton?—A. Yes. 

Q. Where was he then living? 

(Contestant objects to the question and any answer thereto as being ir¬ 
relevant. ) 

A. He was in New Jersey. 

Q. Have you that letter?—A. I have not got it now. 

Q. Did you make diligent search for the letter?—A. Yes; I looked all over 
my papers and could not hud it. It was misplaced. 

Q. What were the contents of that letter, as you now recall?—A. He wanted 
a certihcate so he could vote in New Jersey. It was typewritten and signed 
in ink, and he sent a stamped envelope to send it back to him. I forgot the 
post office, but it was in the State of New Jersey. 

Q. You sent him a certificate?—A. Yes. 

Q. You certihed that he was a duly qualified voter in Iredell County, in 
your precinct?—A. Yes; sent him a certihcate. 

Cross-examination by Mr. Dulin ; 

Q. What kind of a certihcate did you send up there?—A. I sent him a cer¬ 
tihcate that I had erased his name off the books. 

Q. What was the contents of your certihcate?—A. “ I have this day erased 
your name off the registration book, to be registered in New Jersey.” 

Q. How long had he been there at that time?—A. I could not tell. 

i}. What time in 1918 was that?—A. I could not tell whether it was 1918 or 
1916. To the best of my belief it was 1918. 

Q. As to when it was is a question of belief, is it not?—A. I am not positive 
which it was, but my impression is it was 1918. 

Q, What time of year?—A. It was while I was registering and before the 
election. You know how long that is. 

Q. You were registrar for 1916?—A. Yes. 

Q. Can you swear that he hadn’t been in the State of North Carolina two 
years prior to the election on November 2, 1920?—A. I could not tell that. I 
have forgot. I am not positive about it. 

Redireci; examination : 

Q. After you received that letter from Mr. Templeton, do you know what 
day he returned to North Carolina after that?—A. I do not. 

Q. Was it not some time during the last year?—A. It is my opinion it was. 
I think it was. 

H. P. VANHOY, recalled for contestee, testified as follows: 

Direct examination by Mr. Lewis : 

Q. You started to say something this morning. What did Mr. Templeton 
tell you as to voting in Pennsylvania or New Jersey? 

(Contestant objects to the question and any answer thereto on the ground 
that it is hearsay testimony.) 

A. Mr. Templeton came to me to register. I asked him if he had been in the 
State two years, and he said he thought he had, and then he said, ” I voted in 
Pennsylvania four years ago. Either Pennsylvania or New Jersey, I am not 
positive as to the State.” He says, “ then I come home and stayed a week and 
went back and stayed a while and went somewhere else.” There was a great 
number of trips; I can’t remember all be did say, but he told me that he voted 
in one of those States, and he said it was four years ago. 

Q. xVs a matter of fact, he came back to North Carolina some time during 
the spring of 1920?—A. He came back when he married, and then took his wife 
and went to some northern State. Then after Christmas, in the spring, he 
moved back as a permanent resident and settled, and has been there ever since. 


CAMPBELL VS. DOUGHTOIST. 867 

Q. He lives with his wife in either Pennsylvania or New Jersey?—A. Yes; 
some of those States. I am not positive. He has been in both. 

Cross-examination by Mr. Dulin : 

• Q. You say he became a permanent resident up there?—He has been there 
all the time. 

Q. I will ask you if he has not been a temporary resident all the time—in 
and out? Did he call that his home?—A. That is for the law to say. 

Q. Did he call it his home?—A. He said this was his home. 

Q. You registered him, did you?—A. I did. I says, “ If you will take the oath 
that you have been in the State two years, I will register you, but I want you 
to'kuow what this oath is.” I showed it to him, and he would not register, and 
he came back and did not register, but right at the last of the registration he 
came back and said he was willing to take the oath, and I registered him. 

i}. He took the oath and you registered him?—A. Yes. 

Miss McLELT.AND, deputy sheriff, recalled for contestee, testihed as follows: 

Direct examination by Mr. Lewis : • 

Q. The list of names I hand you have been sworn to by Mr. H. P. Van Hoy. 
Please look at it and call each name and state what the tax records show as 
to each poll tax for the year 1919 in Iredell County?—A. M. L. Bustle, poll tax 
for 1919 charged and not paid. Madison Campbell, poll tax for 1919 not charged 
and not paid. J. W. Elmore, poll tax for 1919, charged and paid August 0, 
1920, after May 1. A. L. Holcomb, poll tax for 1919 charged and paid after 
May 1, 1920. Burett INIoney, poll tax for 1919 not charged and not paid. 
Furchess Messick, poll tax for 1919 not charged and not paid. D. C. Idiarr, 
poll tax for 1919 charged and not paid. Clarence Rash, poll tax for 1919 not 
charged and not paid. W. M. Reavis, poll tax for 1919 clmrged and not paid. 
Carl Fraley, poll tax for 1919 charged and not paid. H. A. Jurney, poll tax for 
1919 charged and not paid. Harvey Muliis, poll tax for 1919 paid December 17, 
1920, but no poll tax charged. 

Q. He is a soldier?—A. Yes. 

Q. It was the policy of the list takers where a young man was a soldier and 
discharged after May 1, 1919, not to charge them with a poll tax, was it not? 

(Contestant objects to the testimony of the witness as to the official duties 
and performances of other officials.) 

Q. You know there are a lot of soldiers who are within i)Oll-tax age and have 
no poll tax charged?—A. Yes. 

Q. Glenn Templeton’s poll tax not charged and not paid, that is poll tax for 
1919?—A. Yes. 

Q. Your records show that A. F. Holcomb’s poll tax wa§ charged, and that 
he paid it after May 1, 1920. Paid.—A. Yes. 

Cross-examination by Mr. Adams: 

Q. As to these parties you have testified to, you do not know whether they 
have paid their poll tax outside of Iredell County or not?—A. I do not. 

Q. Do you know whether or not any of these particular parties came to your 
office to pay their poll tax?—A. I do not remember. I hardly think so. We 
usually put it on the book. 

Q. You stated that Glenn Templeton did not pay his tax?—A. I think that 
is what I stated. 

Q. Examine your records again and see if he did not pay on December 24, 
19197 —A. I will examine the records again. So far I do not find him on the 
book. He was a soldier discharged after May 1, 1920. 

Q. Will you look at your i-ec*ords again and see if A. F. Holcomb did not pay 
on December 8, 1919?—A. I have him marked up August 6, ]919. He paid 
August 6, 1920, is what my records show. 

Q. Will you look on your daybook of December 8, 1919, and see if his name 
appears on it as having paid?—A. If I had the daybook I would gladly look 
it up for you. [Daybook is produced.] It was paid August 6, 1920. 

Q. Miss'Eulalia, as to the payment of the soldiers’ poll tax, did you state 
that some were on the list? Did you charge them or were they exempt? You 
did not make a charge where a soldier came to pay his poll tax when you knew 
be was a soldier?—A. Didn’t make a charge against any that I knew was a 
soldier. 


868 


CAMPBELL VS. DOUGHTON. 


Q. They didn’t use any effort to find out, did they?—A. The list takers knew 
in the different townships what boys were soldiers, and we didn’t charge them 
with poll tax, 

Q. What if a soldier came in and hadn’t paid his poll tax, did your office 
use any diligent efforjts to find out whether they were soldiers?—A. We didn’t' 
look them up. 

Q. They came in themselves?—A. Yes. 

Q. That is the receipt of the sheriff of the county in whose office you work?— 
A. Yes. 

Q. Whose name is on that?—A. Walter M. Adams. 

Q. Do you know him?—A. Not personally. 

Q. Does the sheriff of the county know him?—A. I could not tell you that.' 

Q. AVhat date is that payment tliere?—A. April something; I can’t see the 
date. 

Q. What is tlie date of that check?—A. April 29. 1920, 

Q. And his signature on the hack?—A. Yes. 

Q. He was a soldier?—A, I do not know. 

Q. And you collected his tax?—A. Mr. Adams, didn’t you say you were afraid 
he would he challenged, and you wanted to pay his poll tax; you made that 
statement in the office. 

Q, Let me ask you this: Did I give this check to you?—A. I do not remember 
whether you turned the check over to me or Mr. Alexander, I do not remember 
which one took the receipt. 

Q. What I am interested in is this: Was there any work on the part of you 
or Mr. Alexander to especially exempt the soldiers?—A. We were very much 
interested in the soldiers; yes. 

Q. I am speaking not politically, but for the soldiers, both Democrats and 
Republicans, in the county. Was there any special work done to see that they did 
not pay poll tax?—A. We would ask him if he was a soldier, and we did 
everything in our power to get his poll tax exempted; Democrats and Repub¬ 
licans both shared alike. 

Q. Didn’t lots of soldiers pay their poll tax?—A. I don’t know; all they had 
to say was that they had been a soldier and they did not have to pay. 

Q. Did the county commissioners exempt them?—A. They did. 

Q. And they did not give you the names?—A. They did not. 

Q. Is there any way of finding out who are the soldiers?—A. Take a man’s 
word for it. 

Q. Can every man be a soldier?—A. No. 

Q, If a soldier came and asked for exemption you exempted him in that 
office?—A, In cases where we knew they were soldiers. 

Q. Miss Eulalia, in the collection of taxes, if a soldier came in and stated 
he was a soldier then you released him?—A. We did; we also released him 
if we knew he was a soldier. 

Redirect examination: 

Q. You would release him by going to the commissioners’ office and getting 
a'rebate and see that he did not pay his tax; you treated both parties exactly 
alike?—A. We did. 

Recross-examination: 

Q. Then you don’t mean you went to the commissioners—register of deeds?— 
A. Certainly; clerk to the board of commissioners. 

Q. And the register was clerk to him and did this work except on the days 
when they were in session; he was authorized to do that?—A. Yes. 

R. A. TILLEY, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Lewis ; 

Q. What township are you a resident of?—A, Sharpsburg. 

Q. One Mr. Jordan and a man by the name of Harmon swore in the Campbell 
hearing that you voted in Sharpsburg Township; did yon vote at the last 
general election?—A. I did not; was not old enough. 

Q., You did not vote?—A. No. 

Cross-examination by Mr. Dulin : 

Q. Where were you on election day?—A. I was at the election ground part 
of the time. 


CAMPBELL. VS. DOUGHTON. 


869 


Q. In what township?—A. Sharpsburg. 

Q. How much time did you spend thei*e on election day?—A. I don’t know; 
I was there the biggest part of the afternoon. 

Q. Were you there about sundown—about the time the polls closed?—A. I 
am not positive; I may have been there part of the time; I think I went in 
when they were counting, or after they had counted the votes. 

Q. What were you doing at the election; you were not old enough to vote?— 
A. I was standing there like the other hoys; I didn’t have anything to do. 

Q. I will ask you if you did not go and state that you had put one over on 
the Republicans; that you had voted in spite of their objections?—A. I did not. 

Q. Have you ever voted?—A. No. 

Q. Didn’t you vote in the primary?—A. I did not. 

Q. What is your age?—A. Nineteen the 11th day of last September. 

Q. Where were you on the evening of the election?—A. I was there at the 
box at one time; I don’t remember what time; just passed along and started 
through on the inside. 

Q. Who was there at that time?—A. All standing around. 

Q. Did you see Mr. Harmon?—A. Sure. 

Q. Did you see Mr. Jordan?—A. Sure. 

Q. Did you hear him make any statement?—A. I did not. 

Q. You did not hear him open his mouth?—A. What time? 

< 5 . Sometime about the time they commenced counting the votes?—A. No. 


A. INI. GUY, witness for the contcstee, being duly sworn, testified as follows: 

Direct examination by Mr. Lewis : 

Q. You were a judge in Sharpsburg Township?—A. Yes. 

Q. Did Mr. Roy Tilley, the young man who preceded you on the witness 
stand, vote on the day of election?—A. He did not. Positively, he did not. 

Cross-examination by Mr. Dulin : 

Q. Were you there all the time during the election of November 2, 1920?— 
A. Yes; all the time Mr. Tilley was there. 

Q. Were you away from the polls at any time?—A. No. 

Q. You were there from sunup until sundown?—A. I was there from 9 
o’clock until the votes were counted. 

Q. Do you know Mr. Harmon?—A. Yes. 

Q. Know Mr. Jordan?—A. Yes. 

Q. They both swore on this hearing, positively, just as you have, that Roy 
Tilley voted. Do you mean to say that they deliberately falsified? 

(Contestant objects.) 

A. He did not vote and made no attempt to. 


Redirect examination: 

Q. Mr. Jordan is known as “ Lying John ” all over his neighborhood, is he 
not?—A. Yes. Politically, you need not pay any attention to what he says. 

Recross-exaimnation: 

Q. When did you ever hear him tell a lie?—A. On the stand here when you 
had him on the stand. 

Q. And he might say the same thing about you?—A. He has the same privi¬ 
lege. When I know a thing I know it. 

Q. What other time did you ever hear him tell a lie?—A. If you will come 
out there and stay around awhile you will hear him tell some, too. I know it 
is customary for neighbors to talk about each other, especially when a man 
bothers you and makes you talk. 

Q. When had he bothered you ?—A. • Every election. 

Q. What about?—A. Over politics. 

Q. You are a Democrat?—A. Yes. 

Q. He is a Republican?—A. Yes. 

Q. And when he talks to you about voting the Republican ticket-A. He 

don’t talk to me about voting. 

(X It annoys you to see him come around?—A. No. ^ , 

Q. What did he do to annoy you?—A. I didn’t say he annoyed me. I said 

when a man is provoked he will talk. ^ . t 11 4 ^ 

Q. What did he do to provoke you? What did he say?—A I could not near 

enumerate what he did say. Anything and everything that was not true. 



870 • 


CAMPBELL VS. POUGHTON. 


Q. What are some of the things he did say?—A. He said on election day that 
this picture of Harding was brought in there and held up in the presence of 
the judges, and it was not done. 

Q. Did you see the picture?—A. I did not. 

Q. You could not testify as to what other people saw?—A. Haven’t I got 
eyes? 

Q. Had you seen that picture prior to or after the election?—A. I have not 
seen it. I am honest with you. 

Q. There was such a thing circulated ?—A. I had heard of it. 

Q. You have heard people testify that it was exhibited in the courthouse of 
Iredell County?—A. I don’t remember. I heard Mr. Jordan say it was shown 
at the precinct in Shiloh. 

Q. Can you swear it was not shown on the election ground?—A. He said it 
was held up in the house. 

Q. Didn’t he say outside?—A. He said in the house. He said it was lu’ought 
in the door. 

Q. And if you do not understand things as Mr. Jordan it provokes you?— 
A. No. 

Redirect examination: 

Q. Mr. Jordan and Mr. Harmon, the same gentlemen who swore that A. L. 
Wilson voted after sundown; w^hat about that?—A. It was dloudy that after¬ 
noon and no one could see the sun and no one had the same time. The polls 
had not been closed when he voted. The polls had not been officially closed. 

Q. They were still open for anybody to vote that came?—A. Yes. 

Cross-examination: 

Q. You could not see the sun?—A. No. 

Q. You do not know but what it was down?—A. I do not know. I said we 
could not see the sun. It was near sundown when Wilson voted. 

D. N. McLELLAND, witness for the contestee, being duly sworn, testified 
as follows: 

Direct examination by Mr. Lewis : 

Q. You were registrar in Shiloh Township on the day of election?—A. Yes. 

Q. Held the election, and one of the officers?—A. Yes. 

Q. Had the polls been closed when A. L. Wilson voted?—A. No. 

Q. Was the sun down at that time?—A. It was cloudy and we could not see 
the sun. Hadn’t seen it for some bit, and I closed the polls as near sundown 
as I could, according to my own watch. Some of us were different on the 
time as much as a half hour. 

Q. And he voted before the polls were closed?—A. Yes. 

(). Did Roy Tilley, the young man who preceded you on the witness stand,, 
did he vote on that day?—A. No. 

Q. Has he ever voted in any election in Shiloh Township?—A. No. * 

Q. Do you know E. R. Teague?—A. Yes. 

Q. Did he vote at the last election?—A. Yes. 

Q. When did he move from Alexander County to Iredell?—A. On or about 
the 20th of May, 1920. 

Q. So he hadn’t been in this county six months prior to the election on 
November 2, 1920?—A. No. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know E. L. Bowles?—A. Yes. 

Q. Did he vote at the last general election?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Were W. C. Cook and E. L. Bowles of poll-tax age on May 1, 1919, and 
residents of Iredell County six months?—A. Mr. Bowles is. I am not sure as 
to Mr. Cook. 

Q. INIr. Cook moved from Alexander County. Didn’t he raise a few crops in 
Iredell?—A. I think he did. 

Q. R. F. Gwaltney, do you know him?—A. Yes. 

Q. Did he vote at the last general election in Shiloh?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. -Do you know J. K. Lambert?—A. Yes. 


(’AMPBELI. VS. DOUGHTON. 


871 


Q. l>i(l he vote in the last general election?—A. Yes. 

•Q. How (lid he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do yon know \V. E. Lambert?—A. Yes. 

Q. How did he vote in the last s^neral election?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Mr. Gwaltney and the two Mrs. T.<amberts, whose names I have just 
called, are all within poll-tax afte and are residcmts of Iredell County, and 
should have made their poll-tax returns for 1919 in said county?—A. I do not 
know IMr, Gwaltney’s age. He is over 45. The other men are within the 
l)oll-tax age. 

Q. I hand you a scroll book for Sharpsburg Township for 1920. AVhat does 
it show Mr. Gwaltney’s age to he?—A. 49. 

Q. What is this book? Tax list for Sharpsburg Township for 1920?—A. Y’^es. 

Q. This shows that iMr. Gwaltney returned a poll for 1920?—A. Yes. 

Q. Look over the letter “ T ” in the same book and see whether E. R. Teague 
made a poll-tax return in Iredell for the year 1920?—A. No; he did not. 

Q. Mr. Teague is within poll-tax age?—A. Yes. 

Q. Do you know J. C. Parker?—A. Yes. 

Q. Did he vote in the last general election?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. He is within poll-tax age and has been a resident of Iredell County all his 
life?—A. He is in poll-tax age, hut I don’t know as to how long he has been a 
resident of Iredell. 

Q. He has since May 1, 1919?—A. I think so. 

Q. IMr. .1. H. Shaver, do you know him?—A. I am not sure; I do by his 
initials. I know all of them Shavers, but as to the initials, I would not be 
positive. 

Q. Did he vote in the last general election?—A. I think he voted. 

Q. How?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know Sell Speaks?—A. Yes. 

Q. Did he register and vote in the last general election?—A. Yes. 

Q. How did he vote?—A. Voted Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know S. N. Shaver?—A. I suppose so. That is Holly Shaver. 

Q. Did he vote?—A. Yes. 

Q. How?—A. Republican ticket. 

Q. And for Dr. Campbell ?—A. Yes. 

Q. Mr. J. H. Shaver, Mr. Sneaks, and ]Mr. S. N. Shaver, are all within poll- 
tax age and residents of Iredell County in 1919?—A. Yes. 

Q. Do you know L. R. Lambert?—A. Yes. 

Q. Was he a soldier? Discharged in December, 1918?—A. That is what he 
told me. 

Q. Was he within poll-tax age for 1919, and a resident of Iredell County?— 
A. Yes. 

Q. Alec Marlow, do you know him?—A. Yes. 

Q. He was a soldier discharged after May 1, 1919?—A. Yes. 

Q. Is he within poll-tax age and a resident of Iredell County?—A. Yes. 

Q. Did Mr. Marlow and Mr. Lambert vote in the last general election?—A 
Yes. 

Q. How did they vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. I suppose so. 

Cross-examination by Mr. Dulin : ‘ 

Q. You were at the election precinct all during the day?—A. Practically all; 
a few minutes at a time I stepped away. 

Q. Do you remember distinctly seeing all these parties that you have named 
over voting on that day?—A. I could not say that I remember distinctly. I 
think I saw every one of them vote. 

Q. Did they vote all in a bunch?—A. No; scattered along through the day. 

Q. Did yon make a practice during the day of looking at the tickets of the 
various voters in your precinct?—A. No; I didn’t look at the direct ticket. We 
had the tickets so arranged that on one side was the Democratic ones and on 
the other side the Reimblican ones. I noticed these men when they went and 
took the tickets. They took them from the Republican hunch and put them 


872 


CAMPBELL VS. DOUGHTON. 


in the box, and tliat was evidence t.o me that they voted for Dr. Cainphell and 
the entire Rei)nblican ticket. 

(}. So that circumstance, taken toj?ether with yoiii’ belief that they are Ue- 
pnblicans, is your reason for statins? that, they did vote for Dr. Campbell and 
the Republican ticket?—A. Not all that. They have told me sincevthey voted 
for him. 

Q. They are here in your township?—A. Yes. 

Q. There is no reason why they could not have been summoned and appeai’ed 
as witnesses?—A. Not that I know of. 

Q. And you did rely particularly upon what they told you. did you not?—A. 
Sure I would. They were Republicans and very strong workers for their party, 
and I would not think they wonld turn and vote for a different party. 

Q. All of them are party workers?—A. Yes; practically all the majority of 
them are party workers. Were at the last election. The whole thins was at it. 

Q. If you know how they voted why did you so to these parties and ask them 
how they did vote?—A. T didn’t have to so to them. I heard them talkins at 
my store. They told me how they voted. 

Q. Which ones did you hear state in your store he voted the Republican 
ticket?—A. All of them. T heard them all talk about it. 

Q. Every one you have named?—A. Yes; every one, unless it was ]Mr. Cook. 

Q. Did you ask any of them how they voted?—A. T didn’t have to. They 
talked it nearly every day. 

Q. Was that before or after the election?—A. After the election. 

Q. IMr. E. R. Teasae, T believe you stated he came from Alexander County?— 
A. Yes. 

Q. What date did you say he came over?—A. On or about May 23, 1920—- 
somewhere about there. 

Q. Do you know where he moved from?—A. No. 

Q. Do you know where he moved to?—A. Yes. 

Q. Did you see him move on the date you speak of?—A. No. 

Q. You are testifyins as to hearsay on that point, are you not? Do you know 
of your own knowledse as to when he moved?—A. I never saw him move. 

Q. And all you know about when he moved is what somebody told you?—A. 
Of course. 

Q. Now. as to E. L. Bowles, you state that he voted and also stated he 
voted the Republican ticket; are you sure he voted?-—A. Yes; he voted. 

Q. Why did you not state he voted on your direct examination?—A. I thought 
the first question asked was if saw him. That is why I stated it the way I did. 

Q. l’'ou also stated that R. F. Gwaltney was of poll-tax ajie?—A. According 
to that scroll he is. 

Q. Did you make up the scroll?—A. No; this is the first time I ever saw it. 

Q. You observe the figures in the book?—A. Yes; 49. 

Q. And you mean to swear that is his correct age?—A. I swore that was what 
the scroll said. I told INIr. Lewis I didn’t know his age. He looked like a man 
about 45. 

Q. You don’t know that he is of poll-tax age?—A. He is near 45 or 50, 

Q. He might be between 45 and GO.—A. No; he does not show to be that old. 
I would not think he was under 45 and not over 50. I don’t know his age and 
never tried to find it out. 

Q. As a matter of fact, you are relying on your judgment by just looking at 
him?—A. That is what I said; judging from his looks. 

Q. And that is true as to the other parties you have testified to about their 
age. is it not?—A. Sure. T didn’t swear as to their exact ages. T swore they 
were between the ages of 21 and 50. 

Q. And you are basing that upon your judgment, just as you did in the matter 
of R. F. Gwaltney?—A. I know they are between tiiat age. 

Q. What is the date of their birth?—A.. T said T knowed they were between 
21 and 50. I am not keeping a birth record. 

Q. You can testify to anybody’s age that they are between certain ages?—A. 
Sure; couldn’t you? 

Q. Can you testify that J. R. Alexander over there is between 50 and GO?—A. 
I am certain he is between 21 and 100. 

Q. Can you testify that he is between 21 and 50?—A. He Avas a man that 
looked a little bit like Mr. Gawltney. I would believe he would be a little bit 
over 50. Close in the neighborhood of 50. [He was really 51.] These other 
men are young men. 


CAMPBELL VS. DOUGHTON. 873 

Q. And they might he under 21?—A. Tliey are young men. Couldn’t you 
swear that 1 am between 21 and .10 by looking at me? 

Q. I am not asking you that. I am asking you as to these parties.—A. Take 
out some young men, and 1 will swear they are between 21 and 50. 

Do you swear positively that there is no man on this list under 21 on tax- 
return time for 1919?—A. I do not know how many are on that list. 

C^. You have sworn to them all, have you not?—A. The ones I have named 
are over 21. 

Redirect examination: 

Q. You were registrar, and the registration book shows their ages?—A. Yes. 

Q. You were basing your information partly on that?—A. Yes. 

Recross-examination ; 

Q. When did you register Lon Lackey and his wife?—A. I don’t remember. 

Q. Did you register them before the books closed?—A. Yes. 

Q. You have no recollection as to when you registered Mr. Lackey and his 
wife?—A. No, 1 do not recollect just when. 

Q. You do not remember whether they were at home, your store, or the poll¬ 
ing precinct?—A. I do not remember how it was. 

Q. Did you administer the oath to them?—A. I would not be positive whether 
I d.d or not. 

Q. Did they vote?—A. I think so. The record will show. I could not recol¬ 
lect all the votes that were cast that day. I know the majority of them. 

Q. You are acquainted with Mr. Lackey and his wife?—A. Yes. 

Q. Y'ou know them when you see them?—A. Yes. 

(j. Is it not natural that you would remember about their having voted as to 
the other names you have called?—A. I do not remember when they voted. 
They did according to the record. 

Q. How did they vote?—A. Democratic, I suppose. 

Q. Don’t you know how they voted?—A. They are affiliated with the Demo¬ 
cratic party. 

Q. You will not swear to it?—A. Yes; I am pretty certain how they voted. 

Q. Are you certain they voted the Democratic ticket?—A. Yes. 

Q. Do you swear that these i)arties were not registered, nor their names put 
on the registration books after the period closed for the registration of voters?— 
A. They were registered in the registering period. 

W. B. McLKLLAND, witness for the contestee, being duly sworn, testified 
as follows: 

Direct examination by Mr. Lewis : 

Q. You live in Sharpsburg Township?—A. Yes. 

Q. Y^ou are one of the list takers, I believe.—A. Yes. 

Q. W. C. AVooten and E. R. Teague did not make a tax return for 1920?—A. 
No. 

Q. AVhen did he move from Alexander County to Iredell?—A. About May 20, 
1920. 

Q. He lives close to you?—A. Yes; adjoining farms. 

Q. Is he a married man?—A. He is. 

Q. Was his wife living with him in Alexander County?—A. Yes. 

Q. Did she vote?—A. No. 

Q. Did he vote?—A. Yes; I suppose so. I didn’t see him put the ticket in. 

(i. He is a Republican?—A. Yes. 

(}. Now, as to R. F. Cwaltney, you and INIr. AVooten went around and made 
these tax returns?—A. Yes. 

Q. You put the ages down as they gave them to you?—A. Yes. 

Cross-examination by INIr. Dulin : 

Q. Do you know where Mr. Teague moved from?—A. Alexander County. 

Q. Did he make a tax return to you?—A. No. 

Miss McLELLAND, deputy sheriff, recalled for contestee, testified as follows: 

Direct examination by Mr. Lewis : 

Q. I liand you a list of voters in Sharpsburg Township, the persons about 
whom D. N. McLelland testified this morning. Please look over the list and 
call these names, and see what your tax records show as to the poll tax for 


874 


CAMPBELL VS. DOUGHTON. 


1919?—A. W. C. Cook, poll tax for the year 1919 not charged and not paid. 
R. F. Gwaltney, paid December 31, 1919, but no poll charged, .1, K. Lambert, 
l)aid IMay 28, 1920, after INIay 1; no poll charged. W. G. Lambert, poll tax for 
1919 charged but not paid. J. C. Parker, paid January 23, 1920, but no poll 
charged; as well as 1 remember, it was about $3. J. H. Shaver, poll tax for 
1919 not charged and not paid. Sells Speaks, poll tax for 1919 not charged 
and not paid. S. N. Shaver—I do not hnd him on the records, but find Sherrill 
Shaver paid IMarch 23, 1920; no ix)ll charged. L. R. Lambert, poll tax for 1919 
charged but not paid. Alec IMarlow, poll tax for 1919 not charged and not paid. 

Q. Now, as to R. F. Gwaltney and J. C. Parker, their poll tax was not paid 
before May 1, 1920?—A. No. 

il. Your records show that none of the parties’ names you have called paid 
their poll tax before IVIay 1, 1920, for 1919?—A. They d<». 

Cross-examination by Mr, Dulin : 

Q. As to R. F. Gwaltney and J. C. Parker, they did pay sufficient tax to 
cover their poll, did they not?—A. Yes, sir; sufficient to cover a poll. 

Q. On the dates you gave in your testimony?—A. Yes. 

Q. You do not know whether or not it was through any fault of theirs they 
were not charged with it?—A. I do not. 

Q. Do you know of any reason why they were not charged with a poll?—^A. I 
do not. 

Q. As to all these names you have given evidence here about, you do not 
know whether they paid taxes in some other county or not, do you?—A. I do 
not. 

Q. Did you find a party by the name of S. N. Shaver on your record?—A. 
No; not on the records. 

Q. What Shaver did you find?—A. Sherrill Shaver. 

Q. Df Sharpsburg Township?—A. Yes. 

Q. What date did he pay?—A. March 22, 1920. No poll charged. 

Q. Do you know whether it was any fault of his that there was not a poll 
charged?—A. I do not. 

Q. Is S. N. Shaver the same party as Sherrill Shaver?—A. I can not tell you. 

Q. Is there any other Shaver appearing on your record with the initial 
“ S. N. ”?—A. Not that I recall just now. 

Redirect examination: 

Q. Miss McLelland, when this poll tax is not charged and they pay their 
property tax, then the poll would not be paid, would it?—xV. No; when they pay 
a tax it covers what they are charged with. 

Q. When a person pays his tax he gets a receipt?—A. Yes. 

Q. That says whether his poll tax lias been charged?—A. Yes. 

Q. If it had not been charged and he should have paid one, he could correct 
it and pay it then?—A. I suppose so. 

Recross-examination: 

Q. You testified before that any amounts paid on taxes prior to May 1 was 
considered a payment as to the poll?—A. I'es; where a poll is charged.' 

Q. xVnd that would still be true where a man through no fault of his had not 
been charged, would that be true?—xV. I would not think so. 

Q. If he was not charged, he would still be liable for his poll tax, would he 
not?—A. I do not know. 

Q. He would be just as liable regardless of whether he was charged or not?— 
A. If he was liable for poll tax at all, I suppose so. 

Q. If a man was between the ages of 21 and 50 and he was charged with a 
poll, and then another man was between 21 and 50 and he was not charged, 
and through no fault of his he was not charged, and the first party that had 
been charged had made a payment on his tax, you say that that should be 
applied on his poll tax?—A. Yes. 

Q. But the other party, you do not think he ought to get credit on his poll 
tax?—A. When it is not charged; no. When he finds it is not charged and has 
it put on the receipt, then he can get credit for it covering his poll tax; but 
as long as it is not charged it does not cover his poll tax. 

Q. That is your opinion. Miss iNIcLelland?—A. Y>s, IMr. Dulin; I thought 
you were asking for mine. I didn’t think you were asking for somebody else’s. 

L. O. WHITE, witness for the contestee, being duly sworn, testified as fol¬ 
lows : 


CAMPBELL VS. DOUGHTON. 


875 


Direct examination by Mr. Lewis : 

Q. Mr. White, what township in Iredell County do yon live in?—A. Chani- 
bersburg. 

Q. Were you registrar in Chambershiirg for the election November 2, 1920?— 
A. Yes. 

Q. Were you at the polling place on the day of election as such registrar?— 
A. I was. 

Q. Mr. White, W. C. Howard and Ralph Mills were challenged in the first 
hearing for the nonpayment of their poll tax; were they liable for a poll?—■ 
A. W. C. Howard was not liable. I am not sure about Ralph Mills. Mr. How¬ 
ard was too young. 

Q. Mr. Mills registered as 21, did he not?—A. I am not right sure. Tlie reg¬ 
istration book Mill show. 

Q. Mr. R. N. Cloer; what about him?—A. He is too old. He is a man between 
55 and 60. 

Q. He was too old to pay poll tax for 1919?—A. I think so. 

Q. Do you know D. L. IMoose?—A. Yes. 

Q. Did he vote in Chambersbur^ at the last general election?—A. He did. 

Q. What county is he a resident of?—A. He had been a resident of Rowan. 
Q. Had he been a resident of Iredell County six months before the election?— 
A. No. He was not entitled to register nor vote. 

Q. Did he vote?—A. Yes; he slipped through. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

■Q. Is he of poll-tax age?—A. Yes. 

Q. Q. L. Freeze, do you know him?—A. Yes. 

Q. Did he vote in the last general election?—A. Yes. 

Q. How?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Was he between the ages of 21 and 50 on May 1, 1919?—A. He was. 

Q. And his residence since May 1, 1920, has been in Iredell County, has it?—A. 
Yes. 

Q. He has lived here ])ractically all his life?—A. I do not know. 

Q. I. W. Plyler, do you know him?—A. I do. 

Q. Did he vote in the last general election?^—-A. He did. 

Q. How did he vote?—A. liepublican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Was he between the ages of 21 and 50 on May 1, 1919?-^A. Yes. 

Q. Should he have made his return for 1919 in Iredell County?—A. Should 
have done it. 

Q. J. W. Shuford and I\ Schaeffer, they were soldiers, IMr. White?—A. Yes. 
Both of them. 

Q. Your information is they were discharged after May 1, 1919?—A. Yes. 

Q. They were of poll-tax age?—A. Yes. 

Q. Did vou see Mr. Shuford and talk to him?—A. Yes. 

Q. Your information was that they had not paid their poll tax—that they 
were soldiers?—A. I do not believe he said that. I got that from the conversa- 
tidn. 

Q. They moved here from Catawba County?—A. Yes. 

Q. Lived in Elmwood?—A. Yes. 

Q. Your understanding is they had not paid their poll tax, but were soldiers?— 
A. It was. 

Cross-examination by Mr. Adams : 

Q. You state Mr. W. C. Howard was not liable?—A. He was not liable. 

Q. Ralph Mills, do you know his age?—A. I do not remember for sure. I am 

not positive. ^ j 

Q. About 21 at this time?—A. Twenty-one before the election. He was entitled 

to vote. , . X .L • 

Q. You are not willing to swear he was old enough to make a tax return in 

May, 1919?—A. I will not swear that. 

Q. As to R. N. Cloer, you do not know, of your own knowledge, his age, do 
you ?—No; not just offhand. I would not swear beyond the possibility of a doubt 
that he was not over 50. I take it he is about 55. 

Q. When did D. L. Moose move from Rowan to Iredell?—A. I do not know the 
exact date, but he worked a crop the last season in Rowan. He moved to his 
present place, I think, within the last six months and had lived in Rowan County 


876 


CAMPBELL VS. DOUGHTON. 


for two years previous, but bad lived in Iredell three years aj^o. I understand 
never has listed nor paid a poll tax. 

Q. You do not know of your own knowledj?e, ns to that?—A. I do not. 

Q. You do not know, of your own knowledjje, when be moved back to Iredell?— 
A. Not to my knowledjje. I got reliable information. 

Q. You do not know whether he had lived here six months or not?—A. No. 
He was not registered. He slipped through. Voted before anybody knew it. 
Before I did, at least. 

Q. I believe you stated he voted the Republican ticket?—A. Yes. 

Q. You saw enough of him to see that?—A. Some others did. I know what he 
voted, though. There is no question about how he voted. 

Q. Did any of these other parties that you testified to slip through in that 
way?—A. He is the only man in the township that slipped through. That didn’t 
tote fair. 

Q. How old is Q. L. Freeze?—A. I do not remember. He is a young man. He 
is within poll-tax age. 

Q. Are you willing to swear that he was 21 in May, 1919?—A. I believe he was. 
I do not absolutely know it. 

Q. He has lived in Chambersburg, and is living here, is he not? There is no 
reason why he should not have been subpoenaed to testify to his age?—A. No; no 
reason.. 

Q. That is true of all these parties?—A. I understand Freeze paid his poll tax. 

Q. All these parties could have testified in their own behalf, could they not?— 
A. Could have, I suppose. 

Q. Do you know the age of Mr. Schaeffer?—A. I know about what it is. Of 
course, I can not tell the age of any man by looking at him. 

Q. Do you know the age of J. W. Shuford ?—A. I know about what it is. 

Q. Could you swear he was 21 prior to May, 1919?—A. I would swear to all 
appearances he is. In fact, he told me his age at one time. His age is given 
on the registration book. I can’t remember all these things. He was over 21 at 
the time I registered him. 

Redirect examination: 

Q. i\Ir. Moose and IMr. Schaeffer registered before you as 24 years old, did they 
not?—A. I do not remember their ages exactl.y. They are young men over 21. I 
registered Mr. Shuford in the primary last summer. 

Q. I hand you here the registration book of Cbambersburg Township. In¬ 
spect that book and state whether or not you made up that book, and whether 
or not, it is the registration book of Cbambersburg Township?—A. Yes; that 
is the one. 

Q. Look on that registration l)Ook, :Mr. White, and see if vou find the name 
of W. C. Howard?—A. Yes. 

Q. What is his age?—A. Twenty-one. 

Q. Does that show on what date he is 21?—A. No. 

Q. See if you can find Ralph Mills?—A. Yes. 

Q. What is his age?—A. Twenty-one. It looks a little like 20. 

Q. You do not know when he was 21 from that record?—A. I do not. 

Q. See if you can find R. N. Cloer?—A. Fifty years old in 1908. That would 
make him 62 if those figures are correct. 

Q. See if you can find D. L. Moose?—A. No. 

Q. You do find D. L. Moose?—A. Yes. 

Q. Q. L. Freeze; do you find him?—A. Y^es; 37 years old. 

Q. Did you register him?—A. Yes. 

Q. I. W. riyler; do you find his name?—A. Yes; registered in 1916 

Q. See if you find P. Schaeffer?—A. Yes; registered October 2 1920 

Q. Do you find .1. W. Shuford?—A. Yes. 

Q Did you register all these parties whose names were called*^—A Not all 
of them. 

Q. Those whom you did register, you took them to be qualified to vote, did 
you not? A. Y^es; but we didn’t pay any attention to the payment of poll tax 
if they were otherwise qualified. 

Q. All that you registered were qualified. Ylr. Moose was not registered_ 

A. No; was not qualified. 

Q. Now, about W. C. Howard, Mr. Shuford, and Mr. Schaeffer- they gave 
in their ages as 24?—A. Yes. ’ ^ 


CAMPBELL VS. DOUGHTON. 


Q. Q. L, Freeze did not register before you. He lias been on there for 
some time?—A. Yes. 

Q. R. N. Cloer has been on some time? 

Recross-examination: 

Q. Mary Arey; did she vote?—A. Yes. 

Q. She voted the Democratic ticket?—A. I did not see her name. It is Mrs. 
Mary Pou. It was Miss Mary Arey. She registered under that name. 

Q. Did Mrs. Rena Barnhardt vote?—A. I do not see her name. I have INIrs. 
Mary Barnhardt. 

Q. Do you remember her voting on election day, November 2, 1920?—A. Mrs. 
Mary Barnhardt voted, wife of C. E. Barnhardt. 

Q. Do you remember Mrs. Rena Barnhardt voting?—A. I do not remember 
that. 

Q. Did it turn out that she had voted without being registered?—A. I do 
not think so. I do not know anything about it. 

Q. The same hing might be true of D. L. Moose?—A. I do not think so. 

Q. You are not sure about it. Are you sure he never applied for registration 
to you?—A. No. 

Q. Are you sure his name did not appear on the book you transcribed from?— 
A. I am pretty sure. 

Q. You are not absolutely sure?—A. Almost absolutely sure. 

Q. It is possible for a person to make a mistake of that kind any time?—• 
A. If there is a Rena Barnhardt I do not remember who it is. 

Redirect examination: 

Q. D. L. Moose is the only person present who voted there not registered?— 
A. He is the only one I know. 

Miss McLELLAND, deputy sheriff, recalled for contestee, testified as fol¬ 
lows: 

Direct examination by Mr. Lewis : 

Q. I hand you a list of Chambersburg Township of the persons about whom 
Mr. White testified concerning, and ask that you tell me what the tax records of 
Iredell County show as to each?—A. Q. L. Freeze, poll tax not paid before 
May 1, but paid May 17, 1920; D. L. Moose, poll tax for 1919 not charged, and 
not paid; I. W. Plyler, poll tax for 1919 not charged, and not paid; J. W. 
Shuford, poll tax for 1919 not charged and not paid; P. Schaeffer, poll tax for 
1919 not charged, and not paid. 

Cross-examination by Mr. Dulin : 

Q. Have you got a record of whether W. C. Howard paid or not?—A. I 
have not looked at the records for W. C. Howard. The name has not been 
handed to me. 

Q. Do you know whether or not Ralph Mills paid?—A. I have not looked on 
the records for him, either. Not recently any way, and I can not remember. 

Q. Where is your day book?—A. W. C. Howard, nothing charged against him 
on the record. 

Q. As to R. N. Cloer; what does your record show?—A. His tax was paid 
November 17, 1919. No poll charged. Ralph Mills shows not paid, also. 

A. L. LOWRANCE, witness for the contestee, being duly sworn, testified as 
follows: ' 

Direct examination by Mr. Lewis : 

Q. Mr. Lowrance, you were registrar in ward 4 in the city of Statesville?— 

A. Yes. 

Q. And as such registrar you registered the voters as they came to you to 
be registered in that ward?—A. Yes. 

Q. On Dr. Campbell’s hearing Mr. Wagner swore about the Byers family. 
What do you know about Mrs. H. J. Byers and Mrs. Margaret L. Byers?—A. 
Mrs. H. J. Byers and Mrs. Margaret L. Ryers are two people, although Mrs. 
H. J. Byers’s name is Margaret L. 

Q. When did Mrs. H. J. Byers register; did you look at the record?—A. Yes; 
I looked it up a day or two ago; she registered on October 14, 1920. 

Q. When did Mrs. Margaret L. Byers register?—A. On October 14, 1920. 


878 


CAMPBELL VS. DOUGHTON. 


Q. Did you have any conversation with Mrs. H. J. Byers concerning Mrs. 
Margaret L. Byers?—A. I did. 

(Contestant ob.iects to that question, or any answer tliereto.) 

Q. What is the condition of Mrs. H. J. Byers; what did she^ say; what was 
your conversation with her?—A. I asked her if she knew another lady by 
the name of Mrs. Byers, or Mrs. Margaret L. Byers, and she said she did. 
She had been getting mail at different times for Mrs. Margaret L. Byers that 
was not for her and money orders were contained in them and they were not 
for her. They were made to Mrs. Margaret L. Byers, and that she returned 
them to the mailman, and at different times she got mail that did not belong 
to her for Mrs. Margaret L. Byers. 

Q. Do you know how IMrs. Margaret B. Byers voted?—A. No. INIrs. H. J. 
Byers voted Democratic. , 

Q. Now, INIr. Lowrance, as to Mark L. Pope, registered in your ward. Mrs. 
C. B. Drum swore in the first examination in the Campbell hearing that ]Mr. 
Alexander came up, there and registered IMr. Pope. Did you register Mr. Pope 
or Mr. Alexander?— rA. I registered him. 

Q. You were not with ]\Ir. Alexander when he went up there?—A. No. 

Q. Where was Mr. Pope?—A. He was at his home, or somel)ody else’s, where 
I found him where somebody sent me to him. He was an old Confederate 
veteran, who is now drawing on the county ; he told me that. 

Q. I believe it was sworn that Mrs. F. A. McDougald did not register; did 
you register her?—A. I did. 

Q. You registered her during the regular registration period, when the books 
were open,'and you registered Mr. Pope while the books were open?—A. Y"es. 

Q. Did you at any time go to see Mrs. Cora Salmons?—A. Yes; I went to see 
her two or three times. I went to see her and registered her. She sent for me. 

Q. What was her physical condition?—A. She was not very well. 

Q. Did you see her a day or two before the election?—A. Yes. 

Q. Did she mail any absentee vote or send it in?—A. I think she did; she 
mailed it, or somebody got it. 

Q. What was her condition the day before the election? 

(Contestant ob.iects to the witness testifying as to the condition of a person 
as he is not qualified as a doctor.) 

A. She was not very well. She told me she had been up so much at night and 
run down waiting on her sick baby that she wmdd not be able to come to the 
election. 

Q. Have you seen her lately?—A. Yes. 

Q. What is her condition now?—A. She is not well. 

Q. Did she not state she was not able to be here, and has not been well since 
the election?—A. Yes. 

Q. And the last time you saw her you talked to her about her physical condi¬ 
tion before the election?—A. Yes. 

Q. What did she say to you?—A. Practically what she did before; that she 
was not able to go to the election on election day. 

Q. Did a lady by the name of Mrs. D. .L Welborne vote in vour precinct?— 
A. Yes. 

Q. How did she vote?—A. I didn’t see her vote, but she told me she was a 
Bepublican and intended to vote the Republican ticket. 

Q. Voted for Dr. Campbell, you presume?—A. My understanding was she did. 
What she said she did. 

Q. Where was her residence preceding the ele<*tion?—A. Huntersville, or 
Cornelius, Mecklenbiirg County. 

Q. What did she say about her residence here? 

(Contestant ob.iects to the question and any answer thereto because it is 
predicated upon hearsay testimony.) 

A. She told me that she moved her furniture over to Cornelius or Hunters¬ 
ville about 10 years ago and that she had never moved it back here. 

Q. So she was not a resident of Iredell six months prior to the election on 
November 2, 1920?—A. No; she had spent part of her time in the last year in 
Virginia. 

Q. N. A. Sloan; do you know him?—A. Yes. 

Q. Did he vote in the last election?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. When did he move from the State of Maryland to the State of North 
Carolina?—A. In July, 1920. 


CAMPBELL VS. DOUGHTON. 879 

Q. How Ioii^j: lirtd lie been liviiii? in the State of Maryland?—A. Some two or 
three years, I believe. 

Q. Was he a married man?—A. Yes. 

Q. Did his wife live with him?—A. Yes; in Maryland. 

Q. He married her up there in some of those States. You say he voted the 
Republican ticket?—A. Yes. 

Q. Did his wife vote?—A. No. 

Cross-examination by Mr. Adams : 

Q. Mr. Lowrance, at what place did you rej;ister Mrs. Margaret L. Byers?— 
A. Up in Bloomfield. I can not tell you the house. 

Q. What was her condition?—A. Well, so far as I know. 

Q. I will ask you if she is not paralyzed?—A. She was not at that time. 

Q. You are positive about that, are you?—^A. Yes. 

Q. Are you positive as to where she lives?—A. No. 

Q. Would you he positive she lives in Bloomfield?—A. Not now. She did 
at that time. 

Q. Did you administer the oath to her?—A. I don’t remember whether I 
did or not. 

Q. Did you administer the oath to all the parties you registered?—A. No. I 
said that before. 

Q. Did you administer an oath to IMrs. Welborne?—A. I do not think I did. 

Q. Whereabouts did you register her?—A. I believe I registered her on Sat¬ 
urday of registration day at the polling place. I might have registered her in 
Bloomfield. I don’t remember. 

Q. You do not know how long Mrs. Welborne has lived in this county?—A. 
Not to my own knowledge, except what she told me. 

Q. She told you she had moved to Cornelius 10 years ago?—A. Yes. Cor¬ 
nelius or Huntersville. , 

Q. Did she tell you that upon one of your registration days?—A. No. 

Q. When did she tell you?—A. She told me that on challenge day that some¬ 
one had challenged her vote on account of nonresidence and I went to see her. 

Q. Under what circumstances did you put her name on the book, and why?— 
A. She told me she was a resident here and entitled to vote and I registered 
her. 

(}. She told you she was a resident here, then?—A. She told me she was 
living in Bloomfield. 

Q. Did you register Miss Clyde Fields?—A. Yes. 

Q. With whom was she living?—A. S. B. Miller. 

(}. At 'whose solicitation did you register her?—A. Her own, as well as I 
remember. ' 

Q. What is her occupation?—A, She is a school-teacher. 

Q. How long had she been in this county at the time of registration?—A. 
About five years. 

Q. At the time you registered Miss Clyde Fields, did she state to you she 
had been here five years?—A. She didn’t have to state it. I knew it. 

Q. Where did she come from?—A. I don’t know that. Alexander County, 
probably. 

Q. How long bas sbe been boarding with Mr. Miller?—A. Five or six years. 

Q. And she has been teaching school all the time she has been here?— 
A. Yes. 

Q. Was she employed to teach school for five years?—A. I did not employ 
her. 

Q. Is it customary for the school board of this town to employ a teacher for 
five years?—A. I don’t know their custom. 

Q. You have a wife who is a school-teacher?—A. Yes. 

Q. Is she employed more than one year at a time?—A. I do not know. I 
never had anything to do with it. 

Q. Does she teach school at the same'place every year?—A. She has taught 
at the same place for six or eight years. 

Q. Has she been employed continuously by the year, or was she employed 
for eight years?—A. I did not have anything to do with the employment. 

Q. Dn you mean to swear that the people employed her to teach eight 
ye.ars?—A. I never thought anything about it. 

Q. I will ask you if you do not know that Miss Clyde Fields made her home 
at Amelia, N. C.?—A. No. I know she came here five or six years ago and 
has been here ever since. 


880 


CAMPBELL VS. DOUGHTON. 


Q. Does she stay here throiigli vacation?—A. Part of the time she does. 
She goes to the mountains with Mrs. Miller, and generally stays until later on. 

Q. Mrs. Miller always goes with her?—A. Yes; I think so. 

(}. You also registered IVIiss Ethel McNairy, did you not?—A. Yes. 

Q. She boards at Mr. IMiller’s, too?—A. Yes. 

Q. And she is a school-teacher?—A. Yes; I think so. 

Q. And gives her home as what place?—A. She gave it as here. 

Q. Where does she spend her vacation?—A. I don’t know. 

Q. I will ask you if you do not know her home is in Greensboro?—A. I 
do not. 

Q. Did you administer the oath as to her citizenship?—A. I don’t believe 
I did. 

Q. Do you know of any relation she has here?—A. No; not to my knowledge. 

Q. How many other teachers did you register? Do you remember?—A. I 
do not remember any others. I might have registered some. There is quite 
a bunch there. 

Q. Did you register any school-teachers that stayed at Mr. Cunningham’s?— 
A. I do not think so. 

Q. Did you register Miss Jennie Hobbs?—A. No. 

Q. Did you register Miss Marie Moseley?—-A. No. 

Q. AVhen did you register IMrs. Tom Wilson?—A. I don’t remember. I sup¬ 
pose the registration book will show. 

Q. At her home, do you rec'all?—A. I don’t remember; I might have. 

Q. Did Mrs. IMargaret L. Byers vote in person ?—A. If she did I don’t remem¬ 
ber being at the polling place. 

Q. You testified she was all right when you registered her?—A. As well as 
I remember, yes. 

Q. Was it INIrs. Cora Salmons you testified was sick, that you visited her 
home and registered her?—A. Yes. • 

Q. She lived in Bloomfield?—A, Yes. 

Q. Did she also call you back to make up an absentee vote?—A. No. 

Q. There was an absentee vote sent in for her?—A. I think so. 

Redirect examination : 

Q. Miss Field’s home here is at Mr. Miller’s?—A. Yes. 

(,). She and IMiss McNairy told you Iredell County was their residence?—A. 
Yes; and had been for more than six months prior to the election. Mrs. Miller is 
a cousin of INIiss Fields. 

Q. Do you know J. H. Helper?—A. Yes. 

Q. Did he vote in the last election?—A. Yes. • 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. A\'bere did Mr. Helper live on the day of election and now?—A. In Mocks- 
ville. 

Q. He was not a resident of Iredell County?—A. No. 

Q. I will ask you if he had not lived in Iredell five or six months prior to the 
election?—A. I think so; yes. He lived at Coolemee. I forgot. I know it is in 
another county. 

Recross-examination: 

You i)ersonally visited all these people and registered them?—A. Every one. 

Q. Did Mr. IMiller assist you in the registration ?—A. No. 

Q. Did he go with you to a few places where he knew the people lived?—A. 
He didn’t assist me in reg'stering. 

Q. Did you i-egister J. H. Helper?—A. No; he had been on the registration 
book for sometime. I just transcribed him. 

You testified, I i)elieve, that he lived somewhere else?—A. Some other 
county. 

(}. What is your knowledge as to that?—A. I find he does not live here. He 
is bound to be somewhere else. He can not be found here. Different parties told 
me he had moved either to Mocksville or Coolemee. 

Q. Did you find his family here?—A. No; they are all over there; his whole 
family. 

Q. You do not know anything about it except what you have heard from others 
stating it?—A. He can not be found here. He has to be somewhere else. 

Q. Do you think, or is it your information, that all persons who can not be 
located who voted in this town are nonresidents?—A. No; but if a number of 


CAMPBELL VS. DOUGHTON. 


881 


pavties you the same thing, that he lives in a eertaiii other town—moved 
there on a certain day—it must he so, don’t you think V 

(}. Are you willing to swear that they are correct about it?—A. No. 

Q. It is your opinion if there were a number of persons who could not be lo¬ 
cated who had voted, they were nonresidents?—^A. No. That is not my opinion. 

B. W. CUYDEll, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Lewis : 

You were a voter in ward 4, city of Statesville?—A. Yes. ^ ii - 

(I- Do you know a man by the name of J. H. Helper?—A. Yes. 

Q. Where did Mr. Helper live on the day of election?—A. I was talking to 
him, and he said he lived at Coolemee. He and his whole family had been moved 
away from here sometime prior to the election. I don’t know how long. 

(Contestant objects to the foregoing question and answer, for the reason tliat 
it is based upon hearsay testimony.) 

(). You were a witness for the contestant at the first hearing?—A. Yes. 

H. A. YOUNT, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by IMr. Lewis : 

Q. Do you know the lady that Mr. Lowrance spoke about on the witness stand— 
Mrs. D. J. Welborne?—A. Yes. 

Q. How long has she been moved away from Iredell?—A. Eight or ten years. 

Q. Prior to the last election, when did she come back?—A. Perhaps 30 days 
before the election. A few days, anyway. 

Q. Did she vote?—A. Yes; she voted. She was here on a visit and I did not 
challenge her vote, but. I told the judges at the election that they could vote 
this woman but she had been gone not less than seven years. She said she went 
on a visit., and I asked her if she took her household furniture, and she said 
she did. 

Q. Do you know J. H. Helper?—A. Yes . 

Q. When did he move away from Iredell?—A. I think perhaps the first part 
of 1920. 

Q. Where did he move?—A. Coolemee, I understand. 

Q. He was a nonresident of Iredell County the day of the election?—A. Yes; 
he was a nonresident., but he voted. 

Q. Mrs. D. J. Welborne is a Republican, is she not?—A. Yes. ; r ; ‘ 

Q. Mr. Helper is a Republican?—A. Yes. ' 

Q Voted for Dr. Campbell?—A. It is my understanding they did. ' 

Cross-examination by Mr. Dulin : 

Q. You say J. H. Helper is not a resident of Iredell County?—A. He has not 
been for some time. 

Q. Where did he move to?—A. I have been told he moved to Coolemee. That 
is all I know about Mr. Harding being President. I have been told he was 
sworn in. 

Q. You are willing to swear that the things you have been telling about J. 
H. Helper are correct?—A. Just as much as I am willing to swear that Mr. 
Harding is President of the United States. I did not see it 

Q. You do not know that he moved out?—A. Yes. I didn’t see him move, but 
I haven’t seen the man for six or eight months until the day of the election. 
Early that morning he arrived and voted the Republican ticket. 

Q. The fact that he had been gone is satisfactory to you that he is a non¬ 
resident of Iredell County?—A. Never was better satisfied of anything than that 
he is gone. 

Q. Do you know a party by the name of L. H. Hoover?—A. I know quite a 
few Hoovers. I am not sure that I know L. H. 

Q. He is a young man who was working on election day at the cotton gin; 
do you know him?—A. I know a young man named Lloyd Hoover. 

(i. How did he vote?—A. I do not know. I didn’t see him vote; don’t know 
that he voted. 

Q. T will ask you if you did not get his ticket?—A. I do not remember. I 
got tickets for so many I could not possibly remember all of them. 


57695—21-56 



882 


CAMPBELL VS. DOUGHTON. 


Q, Do you remember when Hoover told jmii he had no riglit to vote?—A. No 
man ever told me anything of that kind. 

Q. You do not remember that?—A. I remember well enough that no one ever 
mentioned such a thing as that to me. 

Q. You do not remember how he voted?—A, I do not know that he voted 
at all. 

Redirect examination : 

Q. Mr. Y^ount, if any man would tell you he had no right to vote you would 
not help or assist him to vote?—A. I would keep him from voting, and the 
best Republicans in this town will bear me out in this statement. 

.T. R. ALEXANDER, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Lewis : 

Q. iMr. Alexander, do you know Mark L. Pope?—A. Yes. 

Did you see him before the election?—A. Yes. 

Q. M'hat was his physical condition?—A. I think he had a stroke of paraly¬ 
sis. 

Q. He was not able to come to the election?—A. No. 

Q. You went to his home and saw him?—A. Yes. 

Q. Did he sign a certificate and you witnessed it?—A. Y^es. 

Q. One of those white certificates that voted straight Democratic; you did 
not register him?—A. No. 

Q. Before you went to see IMr. Pope you knew his name was on the book?— 
A. Yes; and knew he was unable to come, and asked me to go there. 

Q. You took a little certificate and got his vote and gave it to Mr. Lewis?— 
A. Yes. 

Q. Do you know N. A. Sloan?— A. Yes. 

Q He is the person it was sworn voted the Republican ticket; when did he 
leave North Carolina?—A. 1918, I think. 

Q. Explain how you know that?—A. I sold him a horse and took a mortgage 
on some propeily. and he left and T had the sheriff to go out and seize the prop¬ 
erty. That was during the year 1917 or 1918. He has been gone to another 
State since that lime until last July. His wife died here before he left. He 
married out there. 1 saw him when he got off the train. It was in .Tuly. 

Q. You do not remember the date?—A. No; I happened to be at the depot 
when he came in. 

Cross-examination by IMr. Dulin : 

(}. You testified that you went to the house of IM. L. Pope to get his absentee 
vote?—A. Yes. 

(}. And that was after the registration books had closed?—A. I don’t remem¬ 
ber whether it was or not. I knew he was registered. 

Q. How long had he lived there?—A. I could not tell you. 

Q. Is he the sick man that drew [lay from the county? He gets money from 
the commissioners. Did he say anything to you about not being registered?— 
A. No. 

Q. Did he make any statement to you about not wanting to vote?—A. No; 
he did not. 

Q. Did he send for you to go up there?—A. I do not think so. I think some 
one told me. It might be Mr. Yount. 

Q. Mr. l’'ount said for you to go and get his vote?—A. He said some one 
ought to go. He was a good Democrat, and I went. , 

Q. Is he married?—A. I do not think he is. He has probably been married! 

Q. In what ward does he live?—A. Fourth ward. 

Q. Do you live near where he does?—A. No; I live on Front Street, in 
ward 3. 

A. L. LOWRANCE, recalled for contestee, testified as follows: 

Direct examination by Mr. Lewis : 

Q. Mr. Lowrance, you say you were registrar in ward 4, city of Statesville?— 

A. Yes. 

Q. Do you know .1. H. Bost?—A. Yes. 

Q. Did he vote in the last general election?—^A. Yes. 


CAMPBELL VS. DOUGHTON. 


883 


Q. How did he vote?—A. Republican ticket. 

Q. Voted for Dr. Campbell?—A. Yes. 

Q. Do you know Sylvester Campbell?—A. Yes. 

Q. Did he vote in the last general election?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know John H. Gryder?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know whether T. M. Henderson and J. F. Henderson voted in the 
dast general election?—A. Yes. 

Q. How did they vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—^A. Yes. 

Q. Do you know H. B. Massey?—A. Yes. 

Q. Did he vote in the last general election?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know T. A. Wilson?—A. Yes. 

Q. Did he vote in the last general election?—A. Yes. 

Q. How did he vote?—^A. Republican ticket. 

Q. And for Dr. Campbell?—^A. Yes. 

Q. Mr. Lowrance, from your own knowledge of these persons whose names I 
have just called, and from the fact that you were registrar and saw the ages 
on the registration book, you would think they were between the ages of 21 
and 50 on May 1, 1919?—A. Yes. 

(Contestant objects, through his attorney, as to the witness testifying as to 
his opinion or any hearsay pertaining to the ages of individuals.) 

Q. This list I have called were residents on May 1, 1919, of Iredell County?— 
A. Yes. 

Q. As to N. A. Sloan, you say he voted the Republican ticket, and for Dr. 
Campbell?—A. Yes. 

Q. Was he within the poll-tax age?—A. Yes. 

Q. He was not a resident of Iredell during 1919?—^A. No. 

Q. Do you know F. C. Chapman?—A. Yes. 

Q. A soldier, discharged April 2, 1919?—A. Yes. 

Q. Do you know Odes Goble?—A. Yes. 

Q. He was a soldier, discharged April 1, 1919?—^A. Yes. 

Q. Do you know M. C. Hughey?—A. Yes. 

Q. He was a soldier, discharged in June, 1919, was he not?—^A. Yes. 

Q. Do you know J. C. Jurney?—A. Yes. 

Q. He was a soldier, discharged April 14, 1919?—A. Yes. 

Q. Do you know I. L. Sneede?—A. Yes. , 

Q. He was a soldier, discharged in June, 1919?—^A. Yes. 

Q. Do you know R. G. Church?—A. Yes; a soldier, but I do not know the 
date of his discharge. 

Q. Was it before or after May 1, 1919?—A. I think it was before. 

Q. Now, these soldier.s whose names I have called, did they vote in the last 
general election, each and all of them ?—^A. Yes. 

Q. How did they vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Now, from what you know of these men, and from the fact that you were 
registrar and saw their ages on the registration book, in your opinion, were they 
between the ages of 21 and 50 on May 1, 1919?—A. Yes; with the exception of 
J. C. Jurney. 

Q. I will ask you if they were residents of Iredell County since May 1, 
1919?—A. Yes. 

Q. J. C. Jurney, I believe, came from another county?—A. Yes. 

Q. Where is IMr. Jurney now?—A. He is living and working in South States¬ 
ville. 

Cross-examination by Mr. Adams : 

• Q. These gentlemen that you testified to concerning their poll tax, age, etc., 
you do not know anything except what you gained by hearsay and talking 
with other peoi)le?—A. 1 have talked to all of them in the last few days. 
Their discharges I saw and i-ead myself. Made a canvass and read the dis¬ 
charges. One discharge I did not read, but the man’s wife told me the date. 


884 


CAMPBELL, vs. DOUGHTON. 


Q. Did all these parties have their discliar^es?—A. I saw all except Church’s. 

(Contestant, through his attorney, objects to any evidence of the witness per¬ 
taining to the date of the discharge of these men, as it is in evidence that the 
discharges are in the possession of the men and can he obtained, and asks 
that the committee throw out of the records the evidence pertaining to same. 
The contestee, R. L. Doughton, calls the attention of the committee to the 
fact that the above evidence was drawn from the witness by the examination 
of the contestant concerning that part of the evidence objected to by him. To 
which the attorneys for the contestant rejoin and state that in the evidence 
of the witness appears an objection as to hearsay testimony.) 

Miss McLELLAND, deputy sheriff, recalled for contestee, testified as follows: 

Direct examination by Mr. Lewis : 

Q. I hand you a list of the voters in Statesville, ward 4, as testified to by 
A. L. Lowrence, registrar for said ward. State for the record what your tax 
books show as to each name contained thereon.—A. ,T. H. Bost, poll tax for 
1919 not charged and not paid. Sylvester Campbell, poll tax for 1919 not 
charged and not paid. .T. H. Gryder, poll tax for 1919 not charged and not 
paid. T. M. Henderson, poll tax for 1919 charged, but not paid before May 1, 
1920, and paid .June 5, 1920. .7. F. Henderson, poll tax for 1919 not charged and 
not paid. H. B. IMassey, poll tax for 1919 not charged and not paid. N. A. 
Sloan, poll tax for 1919 not charged and not paid. T. A. Wilson, poll tax for 
1919 not charged and not paid. F. C. Chapman, poll tax for 1919 not charged 
and not paid. Odes Goble, poll tax for 1919 not charged and not paid. M. C. 
Hughey, poll tax for 1919 not charged and not paid. J. C. .Turney, poll tax for 
1919 not charged and not paid. I. L. Sneede, poll tax for 1919 not charged and 
not paid. R. G. Church ; I do not find him on the record, but find Roy Church 
charged and not paid. 

Cross-examination by Mr. Dulin : 

Q. You could not swear as to whether these parties had not paid their j)olI 
tax in some other county, could you?—A. No. 

Q. As to F. C. Chapman, he is a soldier, is he not?—A. So this list says. 

Q. Do you know whether he ever presented himself to pay his taxes to the 
sheriff’s office or any of the tax collector’s in the county?—A. I do not. 

(The hearing was adjourned by the commissioner of testimony until to¬ 
morrow morning, April 1, 1921, to convene at Mooresville, in Iredell County, 
N. C., at 10 o’clock a. m. in the municipal building, as per notice given the 
parties.) 

The hearing in the case of .James I. Campbell, contestant, v. R. Ij. Doughton, 
contestee, was resumed at Mooresville, N. C., in the municipal building on this 
the 1st day of April, 1921, pursuant to the order of adjournment made at 
Statesville, N. C., March 31, 1921. 

Present on the part of .James I. Campbell, contestant: .James I. Campbell 
in person and represented by his attorneys, P. P. Dulin and Monroe Adams. 

Present on the part of R. Doughton: The contestee in person and repre¬ 
sented by his attorneys, I^ewis & J^ewis, Long & .Turney, and AV. D. Turner. 

T. E. ERAHN, witness for the contestee, being duly sworn, testified as fol¬ 
lows : 

Direct examination by Mr. T.ewis : 

Q. AA^ere you registrar for Davidson Township at the election of November 2, 
3920?—A. Yes. 

Q. AA’’ere you at the polls as such registrar on the day of election?—A. Yes. 

Q. Do you know Avery AATlson?—A. Yes. 

Q. Did he vote in the last general election?—A. Yes. 

Q. How did he vote?—A. Ilepublican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know J. H. Covington?—A. Yes. 

Q. Did he vote?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you snow AV. L. Cushion?—A. Yes. 

Q. Did he voi"* in Davidson Township in the last general election?—A. Yes. 

Q. How did hb v^^te?—A. Republican ticket. 


CAMPBELL VS. DOUGHTON. 


885 


Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know John Hager? Did he vote at the last general election?— 
A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know C. V. Jones?—A. Yes. « 

Q. Did he vote at the last general election?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know C. L. Kerr?—A. Yes. 

Q. Did he vote at the last general election?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know J. L. Mayhew?—A. Y'es. 

Q. Did he vote in the last general election ?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know W. L. Wentz?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Now, Mr. Ervin, this list of names 1 have called were between the ages of 
21 and .50 on the 1st day of iMay. 1919?—A. Yes; unless it was Mr. Kerr. I 
don’t know about him. 

Q. Mr. Kerr is here in the house?—A. Yes. 

Q. Did these men, so far as you have been able to find out, live in Iredell 
County on May 1, 1919? 

(Contestant objects to the foregoing question and answer, based upon hearsay 
testimony.) 

Q. From what you know of your own knowledge of these men, being a neigh¬ 
bor and living in the same township, I will ask if it is not a fact that these men, 
and each of them, whose mimes T have called lived in Davidson Township on 
May 1, 1920, and should have made their poll-tax returns in said township?— 
A. Yes. 

Q. Do you know ,J. E. Johnson?—A. Yes. 

Q. He was a soldier, and discharged in February, 1919?—^A. Yes. 

Q. Do you know Marshall Rimmer?—^A. Yes. 

Q. He was a soldier, discharged in January, 1920?—A. Yes. 

Q. Do you know A. G. Talbert?—A. Yes. 

Q. He w'as a soldier, discharged before May 1, 1919?—A. Yes. 

Q. Do you know P. W. Wilhelm?—^A. Yes. 

Q. He was a soldier, discharged after May 1, 1919?—^A. Yes. 

Q. Do you know Clinton Ma.vhew?—A. Yes. 

Q. He was a soldier, discharged in March or April, 1919?—A. Yes. 

(}. The names of these soldiers that I have called—did each or any of them 
vote in the last election in Davidson Township?—A. Yes. 

Q. How did they vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Were thev on tbe 1st (lav of May, 1919, between the ages of 21 and 50?— 
A. Yes. 

Q. They live in Iredell County, and lived there on May 1, 1919, and should 
have made their poll-tax returns in the county of Iredell?—A. Yes; I think they 
should have done so. 

' Q. Did C. W. Rape vote?—A. Yes. 

Q. How^ did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Cross-examination by Mr. Dulin : 

Q. Did you on election day observe how all the people in your precinct 
voted?—A. Pretty nenr all of them; yes. 

Q. What position with reference to the box did you occupy?—A. I held the 
registration books. 

Q. Did the voter pass you as he voted ?—A. He got the tickets at my bench. 

Q. You saw him pick up a set of tickets at your place and pass you and vote?— 
A. Pretty near all. Some of them I didn’t see vote, but I knowed what they 
voted. 


886 


CAMPBELL VS. DOUGHTON. 


Q. As the various tickets were put in different boxes, you pretend to swear 
that you saw exactly how each of these individuals that you have testified 
to, how they voted?—A. As to most of them I am. 

Q. You did see a part of them—exactly how they voted?—^A. Yes. 

Q. And the others—you did not see their vote as it went into the box?—A. I 
seen them as they got them. The tickets was right at me on the bench. 

Q. As a matter of fact you are basing your testimony upon the fact that they 
are reputed to be Republicans, are you not?—A. I am basing my testimony on 
the fact that I seen them pick up the Republican tickets and start from there to 
the box and on to the judges. 

Q. Did you keep any Republican tickets at your table?—A. Yes. 

Q. When a man picked up a bunch at your table, how did you know whether 
it was a Republican or a Democratic ticket at the time unless you actually 
examined the ticket?—A. The tickets were separate. All placed at something 
like 3 feet apart, and I could easily have told which it was. 

Q. When Avery Wilson picked up a ticket, do you remember whether he 
picked up a Republican ticket?—A. I certainly do. 

Q. Do you know whether or not he made any changes in that ticket before 
he voted?—A. I certainly do. 

Q. Do you know of your own knowledge whether that ticket was a straight 
Republican ticket or not?—A. I do. 

Q. Did you pin the Republican tickets together?—A. I did not do that. 

Q. So you can not swear whether there was a congressional ticket in there 
or not?—A. We did not have but two sets of tickets that there was a ticket 
even scratched. 

Q. Did you prepare all these various tickets. Democratic and Republican?— 
A. I prepared a good bunch the day before the election. 

Q. The day before the election?—A. Yes. 

Q. Did you prepare the Republican tickets?—A. I did not bother with them. 

I would tell them which was which. 

Q. Who had prepared the Republican tickets?—A. Two or three around there. 

Q. Did the Republicans have these tickets themselves?—A. They had some. 
They would come and get them in bunches and distribute them. 

Q. And so did the Democrats. They had tickets, too, didn’t they?—A. Most 
of the tickets I seen was on my own bench, 

Q. Are you willing to swear that all the names you have called here actu¬ 
ally voted for Dr, Campbell for Congress?—A. Yes. 

Q. Can you swear of your own knowledge that they all voted for him?—A. 
Yes. They picked them up and left there with them. 

Q. You do not know whether they put in a Doughton or Campbell ticket?— 
A. They didn’t have any Doughton tickets. 

Q. These parties lived in your precinct at this time?—A. Yes. 

Q. Do you know of any reason why they could not be here at this hearing 
to testify themselves?—A. Some of them are away. Part of them could be 
here. 

Q, There is a part of them now living in the precinct?—A. Yes; and could be 
got. 

Q. As to what you are undertaking to testify to, they could be hero and 
testify to?—A. I am not undertaking. I am testifying, 

Q. You testified to the fact that these people are between the ages of 21 
and 50?—A. To the best of my knowledge, they are. 

Q. Do you know that as a fact?—A. I know all except one. I would be will¬ 
ing to swear to all except Kerr, and he is here to answer for himself. I do 
not know that he was 50 in 1919. 

Q. Do you know how old J. E. .Johnson is?—A. Around 25 to 30, 

Q. Martin Rimmer?—A. He is around the same age. 

Q. A. G. Talbert?—A. He is around 28. 

Q. P. W. Wilhelm?—A. He is over 20. I would say around 25. 

Q. Clinton Mayhew?—A. Around 23, or 24, or 25. 

Q. At the present time you guess him to he around 25?—A. Somewhei-e 
about that. 

Q. As to IMr. Wilhelm, you guess him to be 24 at the present time*?—A Yes 

Q. What is the age of .1. H. Covington?—A. I don’t know. 

Q. W. L, Cashion?—A. He is around 38. 

Q. John Hager?—A. He is around that, too. 


CAMPBELL VS. DOUGHTON. 


887 


Q. Do you know the di)i)roxiinate age of C. B. Jones?—A. I do not. 

Q. C. L. Kerr?—A. He is around 45; was then. 

(^ Wliat is the approximate age of J. L. Mayhew? How old is he?—A. From 
23 to 45. 

Q. W. L. Wentz? Do you know his approximate age?—A. About 40. 

Q. Do you know C. W. Rape?—A. Yes. 

Q. Do you know his age?—A. He is around 35 to 40. 

Redirect examination: 

Q.^ You were the registrar and put tlie ages down in the registration hook?— 
A. Yes; they had been registered ever since 1008. 

Q. And you put down the ages on the registration hook as they registered? 
They gave you these ages when they registered?—A. Yes. I have known paiT 
of them all my life. 

Q. And all the parties whose names you have called heretofore are reputed 
to be Republicans—are Republicans?—A. Yes, sir; no doubts nor fears. 

C. W. RAl’P], witness for the contestee, being duly sworn, testilied as follows: 

Direct examination by Mr. Lewis : 

Q. You ai’e a resident of Davidson Township?—A. Yes. 

(}. Voted there in the last election?—A. Yes. 

(}. Voted the Republican ticket?—A. I did. 

(}. And for Dr. Campbell?—A. Yes. 

Q. A number of years ago, I believe, you were convicted of a felony?—A. T 
was. 

Q. Never been restored to citizenslnp?—A. I have not. 

(^. And you voted for Dr. Cami)bell?—A. I did. 

Cross-examination by Mr. Dulin : 

Q. How long ago were you convicted of a felony, Mr. Rape?—A. I think it 
was in 1898; around 25 years ago. 

Q. How long have you been out from serving your term?—A. Ninety days 
was all they gave me; on the roads. 

(}. You have been voting since that time? Voted prior to this election?—A. 
Yes; but I have not voted every election since then. Thi-ougli my carelessness 
I didn’t do it. 

Q. You voted the Republican ticket all the time?—A. Yes. 

Q. In each and every election?—A. Yes. 

Q. Did the Democratic registrar register you? Who registered you the tirst 
time?—A. Mr. Ervin, to the best of my knowledge. 

Q. Mr. Ervin is a representative of that community and was raised there?—A. 
Yes. 

Q. Personally acquainted with you?—A. Yes; I have known him a number 
of years. , 

Q. You reside in his community, do you?—A. I do not exactly live in his 
community. I lived there a couple of years ago, and I have moved farther 
away. 

C. L. KERR, witness for the contestee, being duly sworn, testified as follows: 

Direct examination by Mr. Lewis : 

Q. You are a resident of Davidson Township?—A. Yes. 

Q. Voted there in the last election?—A. Yes. 

Q. How did you vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. How old are you, Mr. Kerr?—A. I am now between 51 and 52 years old. 

Q. How old were you on May 1, 1920?—A. Forty-nine. 

Q. You should have paid a poll tax?—A. I guess so. I gave it to Mr. I.ander 
Harrel’s wife. She taken my return and forgot it. 

Q. You never paid any poll tax for 1919?—A. No; I paid my other tax in 
November. 

(j. No poll tax charged?—A. No. 

Cross-examination by Mr. Dulin : 

Q. You did make a retui'ii of your poll tax?—A. Yes. 

Q. And you' failed to return the tax rece’pt when you did pay your tax?— 
A. Yes. 


888 


CAMPBELL VS. DOUGHTON. 


Q. Tl' v,-as tlirou.Mi no fault of yonrs tliat you did not pay your j)oll tax?— 
A. No. 

Q. You did pay all tlio tax charged to you for 1919?—A. Yos; I paid in 
November and have the receipt in my pocket. 

Q. This was November, 1919, that you paid your 1919 tax?—A. Yes. 

Q. Will you let me see that receipt?—A, Yas. 

Q. Do vou attribute the fact that this poll was not charc^ed to you as purely 
a mistake on the part of those listing? tax?—A. Yes; I remember me and Mrs. 
Harrell talking? about our age—what the difference was, and she said she was 
two or three years younger than me, and I gave m.v age as 49. She made a mis¬ 
take in getting it down. 

Q. Did you tell her it was 49?—A. Yes. I paid the poll tax when T was 
over 50 for 1920. I have always paid my tax by February of every year. 

Q. For the year 1920, you listed your tax, and listed a poll?—A. I did not 
list one, but they charged me with one. I paid it. 

Q. Did you ever get a refund of that?—A. I have not; I have not tried. 

Q. Where do you live?—A. I live in Davidson Township. 

Q. AVhat part?—A. In the northern part. 

Q. Were you at the election on November 2, 1920?—A. Yes. 

Q. Were you there during the day?—A. .lust there for a while, got my tickets, 
went in and voted. 

Q. What is the amount of money paid on that tax receipt?—A. .$9.00. 

Redirect examination : 

Q. Y^ou say it was a mistake in the lady not listing your poll tax?—A. Y'es; 

I went there and he was not at home. 

Q. It was not a mistake that this agreement between the Democrats and 
Itepubrcans was violated, and these people were challenged for the nonpay¬ 
ment of poll tax?—A. I don’t know a thing about that. 

Recross-examination: 

Q. Did you ever hear of this agreement?—A, I have heard of it since you 
got up this contest. 

Q. Did you hear of it prior to the election?—A. No. 

(). Did you hear of it at the election?—A. I was not there. I didn’t stay over 
20 minutes. 

Q. Did you hear any campaign speakers?—A. No; of no kind. 

Q. Did you see in the palmers that there would be* no cballenge on account of 
poll tax?—^A. No. 

Q. Don’t you think if it had been intended on the part of the Democrats of 
Iredell County for the people generally to know about this agreement it would 
have been a wise plan to have put it in the papers so the peo))le could have 
known?—A. It looks reasonable. I am not able to say about that. 

Q. Did you see any of tbe campafgn circulai’s i)urporting to give the familv 
tree of Gov. Harding?—A. I do not know. 

Q. Have you ever heard of any?—A. I heard of one being here that morning, 
but didn’t see it. On election day I never seen any campaign literature on 
either side. 

Q. You stayed at home and attended to your business?—A. AVhat I tried to 
do. 

Q. You thought it was your duty to vote this time, did you?—A. I thought so. 

Redirect examination: 

Q. As a matter of fact, from youi‘ own testbuony, you A’oted without paying 
your ])oll tax and was not challenge:!?—A. Yes; I knew I hadn’t pabl my poll 
tax. Never thought about it. 

Miss McLELLAND. deputy sheriff, recalled for contestee, testified as follo^Vs: 

Direct examination by Mr. Lewis : 

Q. I hand you a list of the voters of Davidson Township as sworn to by 
T. E. Ervin, the registrar of said township. Please exam’ne the list and state 
for the benefit of the record what the tax books of Iredell County show in 
regard to same?—A. Avery Wilson, poll tax for 1919 charged and not pabl. 
.1. H. Covington, poll tax for 1919 not chargeil and not paid. W. L. Cashion,' 
poll tax for 1919 not charged and not paid. Ernest Donaldson, poll tax fpr 


CAMPBELL VS. DOUGHTON. 


889 


1019 cliai’fjed and not i)aid. 'Jolin Hager, poll tax for 1010 not oharged and not 
paid. C. B. .rones, poll tax for 1010 not charged and not pahl. W. L. Wentz, 
poll tax for 1019 not chai‘g(‘d and not ])aid. .T. E. .Tohnson, poll tax for 1910 
not charged and not paid. ^Marshall Iliinmer, poll tax for 1910 not charged 
and not pa'd. A. G. Talbert, ])oll tax for 1919 not charged and not paid. P. W. 
M ilhelin, i)oll tax for 1919 not charged and not paid. Clinton Mayhew, poll tax 
for 1919 not charged and not paid. 

Cross-examination by IMr. Dulin : 

Q. As to these parties that you have testified to, IMiss McLelland, you do not 
pretend to say that they did not pay tax in some other county?—A. I do not. 

Q. And what you mean to say in stating they were not paid is that they were 
not paid in Iredell County?—A. Of course. 

Mr. T. E. ERVIN, witness for the contestee, recalled, testified as follows: 

Direct examination by Mr. Lewis : 

Q. When you were on the witness stand you overlooked the name of Ernest 
Donaldson. Did he vote in your precinct?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. He was between the ages of 21 and 50 on May 1. 1919?—A. Yes. 

Q. He was a resident of Davidson Township on said date?—A. Yes, 

Q. And should have made his poll tax return there?—A. Y^es. 

Mr. .1. H. McLELLAND, witness for the contestee, testified as follows: 

Direct examination by Mr. Lewis : 

Q. Do you know a man by the name of C. L. Guion?—A. Yes. 

Q. At the former hearing of Dr. Campbell in Statesville Mr. Sam Goodman 
swore that this man Guion was a nonresident of Iredell County. Please state 
for the benefit of the record where his residence was on November 2, 1920, and 
had been two years previous thereto?—A. I didn’t know him until October 1, 
1919. He moved here to work for George Goodman—moved from Cornelius, 
Mecklenburg Counfiy. He worked there until July 1. He was hired until Sep¬ 
tember 1, but worked until .Tuly and went to relieve his brother, who was to 
come back. His brother was sick. He went to school and registered here in 
the meantime to vote in the primary. His residence was in Iredell County. 

Q. He has been a resident for two years prior to November 2, 1920?—A. All 
his life, I understand. 

Q. Has he been a resident of Iredell County six months prior to the elec¬ 
tion?—A. Yes. 

Cross-examination by IVIr. Dulin : 

Q. You mean he has lived in this county?—A. Yes. * 

Q. You do not pretend to say whether he intended to keep it as his resi¬ 
dence or whether he intended to make it his permanent residence?—A. I don’t 
know what he intended. 

Q. Is he here in this county?—A. He is at Chapel Hill at school. 

Q. Where does his family live?—A. Near IMonroe, N. C.: and he is studying 
at Chapel Hill. 

Q. What county is IMonroe in?—A. Union Count.v, 

Q. And all you' know about it is he was here working for wages prior to the 
election?—A. Yes. * 

Q. He is not a married man?—A. No. 

Redirect examination : 

Q. He is a single man and counts Iredell County as his residence?—A. Yes. 

Recross-examination : 

Q. Did you hear him state Iredell was his home?—A. Yes. 

Mr. W. D. TEMPLETON, witness for the contestee, being duly sworn, testi- 
t fied as follows : 

Direct examination by Mr. Lewis : 

Q. You are a resident of Mooresville?—A. Yes. 

Q. The present postmaster?—A. Yes. 


890 


CAMPBELL VS. DOUGHTON. 


Q. Have you a brother named Tt. R. Templeton?—A. Yes. 

Q. This same man, Mr, Snm Goodman, swore that your brother was a non¬ 
resident of Mooresville at the time he voted. Please state liow that was.—A. 
This is his liome. He left here on the 16th of September last. 

Q. Ts it his home now?—A. Yes. This is liis permanent residence. He is 
temporarily away. 

Q. Yon know that as a fact?—A. Yes. 

Q. How Ion,a has he lived in Iredell County?—A. All his life. 

Q. How old is he?—A. About 42. 

Q. Pays his taxes here?—A. Yes. 

Cro.ss-examination by Mr. Duon : 

0- ^Ir. Templeton, you state he went away sometime prior to the election?— 
Yes. 

Q. Is he a married man?—A. Yes. 

Q. Where did lie jro to work?—A. Lander. Wyo. 

Q. How loii" did he stay out there?—A. He is there now. 

Q. Is his wife there?—A. Yes; he went on account of his wife’s health. The 
doctor advised him. 

Q. Have you any idea as to when he will come hack?—A. Inside of a year 
I think. 

Q. You would not he sure he would come hack in a year?—A. I could not he 
positive. This is his home; has always been. He pays 'taxes here and lives 
here. 

Q. The f^entleman who Just preceded you testified that C. L. Guion’s people 
live in Monroe. N. C. Is tliat correct?—A. I think so. 

Q. And also testified that his residence was here in Iredell?—A. Yes. 

Q. In the case of your brother, he is living at one place and claiming? his resi¬ 
dence here, is that correct?—A. I say his residence is here. 

Q. Does his wife live here?—A. His wife is with him in Wyomin.?. 

Q. Is he out there to stay?—A. No. The time is not fixed as to when he will 
he hack. He will possibly he hack in a year. 

Q. Did his wife vote here?—A. No; she was not re.£ristered. 

Redirect examination: 

Q. IMr. Templeton, you know as a fact that he has not taken up his residence 
out there?—A. He has not. 

Q. This is his residence?—A. Yes. 

Q. He is there temporarily for the benefit of his wife’s health?—A. Yes. 

Mr. .1. P. FAIRCHILD, witness for the contestee, hein^r duly sworn, testified 
as follows: 

Direct examination by Mr. Lewis ; 

Q. You are a resident of Coddle Creek No. 1?—A. Yes. 

Q. AVere you reg:istrar for the election on November 2, 1920, in said precinct?— 
A. Yes. 

Q. Were you present at the polls on the dav of election as such re.aistrar?— 
A. Yes. 

Q. Do you know E. M. Archer?—A. Yes; I know him. 

Q. Did he vote in the last .sreneral election?—A. Yes. 

Q. How?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know Charlie Bentley?—A. Yes. 

Q. Did he vote in your precinct?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. I suppose so. 

Q. Mr. Archer and Mr. Bentley were between the aaes of 21 and 50 on Mav 
1, 1919?—A. Yes. 

Q. Where was the residence of Air. Archer on Alay 1, 1919?—A. He is a young 
fellow. I think he was raised here. 

Q. Where did Mr. Bentley move to from Iredell?—A. Mecklenburg. 

Q. Do you know E. D. Baker? Did he vote in the last election?—A. Yes. 

Q. How?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. What is his given name?—A. Ed. 

Q. Do you know E. H. Ball?—A. Yes. 

Q. Did he vote in the last general election?—A. Yes. 


CAMPBELL VS. DOUGHTON. 


891 


. Q. How?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know Vernice Evans?—A. Yes. 

Q. Did he vote the last election?—A. Yes. 

Q. How?—A. Republican ticket. 

Q. And for Dr. Campbell for Conj^ress?—A. Yes. 

Q. Mr. Fairchilds, these last three names I have called, were they between 
the ages of 21 and 50 on May 1, 1919?—A. Yes. 

Q. M as their residence in Iredell on May 1, 1919, and since that time?— 
A. Yes; they have been living here a good many years. 

Q. Do you know T. H. Fairchilds?—A. Yes; he is my brother. 

Q. Did he vote in the last general election?—A. Yes. 

Q. How?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. AVhere was Mr. Fairchilds during the year 1919?—A, He was in Florida. 

Q. Is he within poll-tax age?—A. Yes. 

Q. Did he pay his poll tax?—A. No; he said he didn’t. 

Q. Do you know Joe Fry?—A. Yes. 

Q. Did he vote in the last general election?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Was he between the ages of 21 and .50 on May 1, 1919?—A. Yes. 

Q. And a resident of Iredell County?—A. Yes. 

Q. These parties should have made their poll-tax returns in Iredell County?— 
A. Yes; with the exception of Bentley. 

Q. J. Mack Harris; do you know him?—A. Yes. 

Q. Did he vote in the last general election?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do .you know J. P. Hobbs?—A. Yes. 

Q. Did he vote in the last general election?—A. Yes. 

Q. How?—A. Republican ticket. 

Q. And for IMr. Campbell?—A. Yes. 

Q. Do you know Thomas P\ Moore?—A. Yes; not very well, though. 

Q. Did he vote in the last general election?—A. Yes. 

Q. How did he vote?—A. Repuhlican ticket. 

Q. And for Dr. Caiupbeli?—A. Yes. 

Q. Now, J. Mack Harris, J. P. Hobhs, and Mr. Moore, from what you know 
of them, were they ])etween the ages of 21 and 50 on May 1, 1919?—A. Yes. 

Q. They were residents of Iredell County on May 1, 1919, were they?—A. Yes. 
Q. Do you know George A. Miller?—A. Yes. 

Q. Did he vote in the last general election?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know Walter L. Poston?—A. Know him when I see him. 

Q. Did he vote in the last general election?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know R. K. Smith?—A. Xes. 

Q. Did he vote in the last general election?—A. Yes. 

Q. How?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. I think so. 

Q. Do you know H. A. Sapp?—A. Yes. 

Q. Did he vote in the last general election?—A. Yes. 

Q. How?—A. Republican ticket, 

Q. And for Dr. Campbell?—A. Yes. 

Q. Now, these last few names, beginning with the name of George Miller 
and ending with the name of H. A. Sapp, were they between the ages of 21 
and 50 on May 1, 1919?—A. Yes. 

Q. Where was their residence on said date?—A. Here in Iredell County. 

Q. Do you know Will Yow^—A. Yes. 

Q. Did he vote in the last general election?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. On the 1st day of May, 1919, was he between the age of 21 and 50?— 
A. Yes. 

Q. Where did he move from?—A. He came from Mecklenburg. 


892 


CAMPBELL VS. DOUGHTON. 


Q. He and Mr. Bentley came here together?—A. Yes. 

(). C. B. Baxter—do you know him?—A. Yes. 

(}. He was discharged August 9, 1919?—A. Yes. 

Q. Do you know H. C. Bearer?—A Yes. 

Q. Was lie a soldier?—A. Yes. 

Q. Do you know the date of his discharge?—A. I do not. 

Q. Was it before or after May 1, 1919?—A. I don’t know. 

Q. Do you know W. L. Christie?—A. Yes. 

Q. He is a soldier discharged August 27, 1919?—A. About that. 

Q. Do you know Sam II. Overcash?—A. Yes. 

Q. Was he a soldier?—A. Yes. 

Q. When was he di.scharged?—A. I don’t know. 

Q. F. F. Perkins—do you know him?—A. Yes. 

Q. AVas he a soldier?—A. Yes. 

Q. And discharged about March, 1919?—A. I think so. 

Q. Do you know J. I\ llhynehart?—A. Yes. 

Q. Was he a soldier?—A. Yes. 

Q. He has died since the election?—A. He got killed. 

Q. Do you know the date of Mr. Rhynehart’s discharge?—A. I do not. 

Q. Do you know .T. C. Sherrill?—A. Yes. 

Q. Was he a soldier?—A. I think he was. 

Q. Do you know Ed. C. Snipe?—A. Yes. 

Q. Was he a soldier discharged April 7, 1919?—A. Yes. 

Q. Do you know L. F. Walker?—A. Yes. 

Q. He was a soldier?—A. I don’t know whether he was or not. 

Q. The record shows he was a soldier discharged June, 1919. Do you know 
M. B. AVeddington?—A. Yes. 

Q. AA^as he a soldier?—A. Yes. 

Q. Discharged May 1, 1919?—A. I think so. 

Q. Do you know F. D. AA^eddington?—A. Yes. 

Q. He was a soldier discharged before May 1, 1919?—A. I think so. 

Q. The names of these persons I have called were soldiers. Did they, and each 
of them, vote in the last general election?—A. Yes. 

Q. How did they vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. AA'ere they, and each of them, between the ages of 21 and 50 on May 1, 
1919, according to your recollection?—A. Yes. 

Q. AAuth the exception of Mr. AAhilker, whom you say came from AVilkes?— 
A. Yes. 

Q. AAdiere was the residence of each of the others on IMay 1, 1919?—A. In 
Iredell County. 

Q. Been here since that time?—A. Yes; here yet. 

Q. You spoke of your brother, T. H. Fairchilds, being in Florida. How long 
had he lived there?—A. Ten or eleven months. 

Q. Is he married?—A. Yes. 

Q. AA^as his wife with him?—A. l^es. 

Q. AATien did they move from Florida?—A. They came back in September, 
1919. 

Q. Did Mrs. Fairchilds vote?—A. Yesj 

Q. You don’t know how she voted?—A. Yes; she voted the Republican ticket. 
Q. And for Dr. Campbell?—A. Yes. 

Q. AVhat is her given name?—A. .Julia Fairchilds. 

Cross-examination by Mr. Adams : 

Q. As to these parties you have testified to here, Mr. Fairchilds, they live in 
Mooresville, in the vicinity of IMooresville, do they not?—A. Yes; all except 
Bentley and Yaw. They moved to Rowan. The rest are all here, I think. 

Q. Do you know of any reason why they could not be here at this hearing to 
testify as to their ages and the way they voted in the last election?—A. I do 
not. 

Q. Do you know tlie ages of the parties you testified about?—A. Not abso¬ 
lutely. I know about how old they are. 

Q. You are basing your testimony on information obtained from others, are 
you not?—A. AAdiat, as to their ages? No; I am basing it on the ages they gave 
me when they registered, and I know them also. 


CAMPBELL VS. DOUGHTON. 


893 


Yes"* Parties .vou testified about the age of 23 or 24, or near 

aiid’E'‘ aI ^ somewhere about that, 

^ r! Within 2d. I don t rec'all another one right now. 

age^of the names of these parties who are about the 

nfvT piesent time?—A. No; none of them that is around 50, except 

t^^^ther. He is pretty near 50. He is 49 now. 

n the correct ages of any of them?—A. No 

some of them^^ transcribed any of these names from the poll book?—A. I think 

Q. \\ere you a registrar here in the election prior to this?—A No - I was a 
registrar in the primary. ji \\as a 

Q. As to the names appearing on this list that you tninscribed, you might be 
mistaken about their ages?—A. I know those people. I know they are over 21 

tlxAvl. J-vioo Tv ^ <1 M Ov./* 

Q. You are willing to swear they are?—A. I am. 

Mr. CARL WALTER, witness for the contestee, being dulv sworn, testified as 
follows: 


Direct examination by Mr. Lewus : 

Q. IVhat w-as your age on IMay 1, 1920?—A. Tw^enty-eight. 

Q. Did you vote in the last general election?—A. Yes. 

Q. Did you vote for Dr. Campbell for Congress?—A. Yes. 

Q. And the Republican ticket?—A. Yes. 

Q. Did you pay your poll tax prior to May 1, 1920?—A. No. 

Q. What w-ard do you live in?—^.4,. lYard 2. 

Cross-examination by Mr. Dulin : 

Q. Did you pay any tax at all?—A. No. 

Q. Didn’t pay any tax anywhere?—A. No. 

Q. How long have you been here?—A. I moved here March 17, 1919, from 
Cabarrus County. 


Mr. W. CLARENCE MILLER, witness for the contestee, being duly swmrn, 
testified as follows: 

Direct examination by Mr. Lewus : 

Q. What was your age on iVTay 1, 1919?—-A. Twenty-seven. 

Q. Did you vote in the last general election?—A. Yes. 

Q. How did you vote?—A. Voted the Republican ticket. 

Q. And for Dr. Campbell for Congress?—A. Yes. 

Q. Did you pay your poll tax?—Pay it for 1919?—A. No. 

Q. You never made a tax return for 1919?—A, I \vas not here. 

Q. Mr. Miller, you were at Fort Leavenwmrth prison, I believe.—A. Yes. 

Q. You were indicted for desertion?—A. Yes. 

Q. And convicted?—A. Yes. 

Cross-examination by Mr. Dulin : 

Q. What camp did you ,go to first?—A. Camp Jackson. 

Q. How- long were you there?—A.. I stayed there about a month before I w-as 
transferred. 

Q. How- long w-ere you at Camp Sevier?—A. A month or so. 

Q. Did you desert from that camp?—A. Yes. 

Q. How-' long had you been awmy from that camp before you w-ere appre¬ 
hended?—A. I don’t know just how long. 

Q. How- long w-ere you in Fort Leavenw-orth?—A. About five months. 

Q. You w-ere discharged and came home after that?—A. Yes. 

Q. You did serve your country two and one-half months?—A. Yes. 

Q. Two and a half months to your credit on that score?—A. Yes. 

Q. That is more than some other people in your community have done?—A. 
[ don’t know. 

Redirect examination: 

Q. You voted in ward 2, Coddle Creek?—A. Yes. 


894 


CAMPBELL VS. DOUGHTOi^'. 


IMiss McLELLAND, deputy sheriff, witness for the contestee, testified as 
follows: 

Direct examination by IMr, Lewis : 

Q. I hand you a list of names as testified to by Mr. J. F. Fairchilds, the regis¬ 
trar for Coddle Creek No. 1. Please examine said list and state for the benefit 
of the record what the tax records for 1919 show as to same.—A. E. M. Archer, 
poll tax for 1919 not charged and not paid. E. D. Baker, poll tax for 1919 
charged and not paid. E. H. Ball, poll tax for 1919, charged and not paid. 
S. Vernice Evans, poll tax for 1919 not charged and not paid. T. H. Fairchilds, 
poll tax for 1919 not charged and not paid. Joe Fry, })aid December IG, 1919; 
poll tax not charged and not paid. J. Mack Harris, poll tMx for 1919 not charged 
and not paid. J. P. Hobbs, poll tax for 1919 not charged and not paid. Thos. 
F. Moore, poll tax for 1919 not ( barged and not ])iiid. (1( 0 . A. Miller, poll tax 
for 1919 charged but not paid. Walter L. Poston, poll tax for 1919 not charged 
and not paid. K. K. Smith, paid INlarch 17, 1920, no poll tax charged and not 
paid. H. A. Sapp, poll tax for 1919 not charged and not paid. Will Yaw, poll 
tax for 1919 not charged and not paid. C. B. Baxter, poll tax for 1919 not 
charged and not paid. H. C. Beaver, poll tax for 1919 not charged and not 
paid. R. Sam Overcash, poll tax for 1919 not charged and not paid. F. F. 
Perkins, iioll tax for 1919 not charged and not paid. J. P. Rhynehart, 1X)11 tax 
for 1919 not charged and not paid. J. C. Sherrill, paid Deceml>er 17, 1919 poll 
not charged. Ed. C. Snipes, poll tax for 1919 not charged and not paid. L. F. 
Walker, poll tax for 1919 not charged and not paid. L. B. Weddington, poll tax 
for 1919 not charged and not paid. F. D. Weddington, poll tax for 1919 not 
charged and not paid. 

Q. Now, Miss McT^elland, you have been on the witness stand several times 
in regard to these people. You have examined all the records in Iredell County 
for these names, have you not?—A. Yes. 

Q. All you have formally sworn about?—^A. Yes. 

Cross-examination by Mr. Dulin : 

Q. You do not know whether or not any of these parties paid their poll tax 
outside of Iredell County?—A. I do not. 

Q. As to the name of Joe Fry, do you know whether or not it was through 
any fault of his that the poll was not charged?—A. I do not. 

Q. As to the name of R. K. Smith, do you know whether or not it was 
through any fault of his there is no poll tax charged?—A. I do not. 

Q. As to J. C. Sherrill, do you know whether it was through any fault of 
his that he was not charged with a poll?—A. I do not. 

. Q. These three parties I refer to did pay all the taxes that were due on or 
before May 1, 1920, and the taxes they did ])ay were for 1919?—A. Y^es. 

Mr. S. R. SHUMAKER, witness for the contestee, being duly sworn testified 
as follows: 

Direct examination by Mr. Lewis : 

Q. You voted iu Coddle Creek No. 2 at the last general election?—A. Yes. 

Q. Did you pay your poll tax prior to May 1, 1920?—A. Yes. 

Q. At the last hearing in Statesville, S. M. Goodman swore that you had not 
been a resident of Iredell for six months prior to the election. State for the 
benefit of the record whether you were a resident six months prior to the 
election?—A. I will tell you just how the whole thing was. I was superintend¬ 
ent of Henderson Roller INIills at Monroe, Union County, during 1918 and 
1919, and up until May 1, 1920, hut I resigned the 1st of April with the in¬ 
tention of buying this mill here, so my resignation went into effect the last of 
April. Mr. C. P. Lowrance, he was the night miller, and I was the daylight 
superintendent, and we agreed to come to Mooresville and buy this property, 
so we both resigned. On the evening of April 30, our time was up. We quit 
work and had a car placed on the railroad to ship our things near our home. 
We put our things in the car—everything we possessed—and on the morning 
of May 1, Mr. Lowrence and his wife came to Moorseville, hut me and my wife 
stopped to see her father until Monday morning. This was on Saturda^^ He 
came on to Mooresville on Saturday. Our goods left Monroe on Saturday, and 
I considered that we were no more residents of Monroe. We got to iNIoores- 
ville on May 3. I investigated and asked the best authorities whether or not 


CAMPBELL VS. DOUGHTON. 


895 


I would be permitted to vote, and everybody said all right, both Republicans 
and Democrats. I told Mr. Brawley—he was the registrar—that so far as 
voting was concerned, it would just split 50—50 because I was going to vote 
the Democratic ticket, and my friend was going to vote the Republican, and 
the vote w’ould stand just the same it we didn’t vote as if we did. He came 
on May 1, and I came on May 3. I did not see any reason why I couldn’t vote, 
and I talked to several and they all said I could, and I voted under this. 

Q. On April 30, when you packed up your household goods, you had given 
up your residence?—A. Yes; vacated on that day. 

Q. And has established your residence here?—^A. Yes. 

Q. So, as a matter of fact, you established your residence in Moorseville on 
April 30, 1920?—A. I certainly did. Already had a bill of sale for the mill 
and the house rented to locate in, and my household -goods on the side track. 
I didn’t get here until May 3. My partner voted one way, and I voted the 
other. 

Q. You left Monroe on the 30th of April with the intention of establishing 
your residence in Moorseville?—A. I certainly did. 

Q. And you consider now that your residence was established here when you 
left Monroe?—A. If anybody had asked me after April 30 where I was going 
I would have said, “ I am going to Mooresville. I consider it my home.” 

Q. Mr. Lowrance voted?—A. Yes. 

Q. In the same ward you did?—A. Yes. 

Q. He voted for Dr. Campbell?—A. Yes. 

Q. Left Monroe the same day?—A. Yes; and our residence went into effect 
the same day. In other words, he came on the train, and I came through the 
country in my car and spent Sunday at Mr. Miller’s at Mount Holly, my wife’s 
father, and came here Monday morning. I was here at nine o’clock on Mon¬ 
day morning. I voted for Mr. Doughton. 

Cross-examination by Mr. Dulin : 

Q. What is your wife’s name?—A. Callie. 

Q. Did she vote?—A. No. 

Q. So Mr. Goodman swore on the examination in Statesville that you hadn’t 
been in this county six months prior to the election, and he is correct, is he 
not?—A. I got here on the morning of May 3. That is the fact in the case. 

Q. Mr. Goodman could not have sworn anything else if he had sworn the 
truth, could he? He swore you came here on the 3d of May?—A. The court 
can determine the resident part. I had left Monroe. I didn’t get here until 
the morning of the 3d, but I left Monroe on April 30. 

Q. On the morning of the 3d of November you would have been here six 
months?—A. Yes. 

Q. Were you challenged?—A. No. 

Q. But your residence was not Iredell six months prior to the election on 
November 2, 1920?—A. It is up to the court to decide that, but so far as 30 days 
being a calendar month, I was here that number of days. 

iNIr. FRED FIELDS, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Lewis : 

Q. Are you a resident of Coddle Creek, No. 2, voting precinct?—A. Yes. 

Q. Did you vote there on the day of election?—A. Yes. 

Q. You Voted the Democratic ticket?—A. Yes. 

Q. Your vote was challenged through the witness S. M. Goodman as being a 
nonresident of the county?—A. Yes. 

Q. You voted in person?—A. Yes. 

Q. Were you a resident of Iredell County six months prior to the election of 
1920?—A. I was. 

Were you a resident of ward 2 for four months prior to the election?— 
A. Yes. 

Q. You lived in ward 2?—A. Yes. 

Q. You were 21 years of age on November 2, 1920?—A. Yes. 

Q. You were a legal qualitied voter?—A. Yes. 

Cross-examination b.y Mr. Dulin : 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A. No. 


896 


CAMPBELL VS. DOUGHTON. 


Mr. F. B. SHERRILL, witness for the contestee, being duly sworn, testified 
as follows: 

Direct examination by Mr. Lewis : 

Q. Yon voted in the last general election on November 2, 1920?—A. Yes. 

Q. You are a Democrat?—A. Yes. 

Q. Your vote was challenged by the witness, S. M. Goodman, as being a non¬ 
resident?—A. Yes. 

Q. Were you a resident of ward 2?—A. Yes. 

Q. Had you been for six months prior to the election?—A. Yes. 

Q. Did you live in the State two years prior to the election?—A. Yes. 

Q. In ward 2 four months prior to the election?—A. Y^es. 

Q. You were a qualified legal voter?—A. Yes. 

Q. You mailed in your vote?—A. Yes. 

Cross-examination by Mr. Dulin : 

Q. Where were you when you mailed your vote?—A. At a camp at Derita. 

Q. How long had you been living there?—A. I never lived there. I was camp¬ 
ing there. 

Q. What sort of a camp was it?—A. Bridge gang on the Southern Railroad. 

Q. And did you board in that community?—A. We boarded on our car, 

Q. How long had you been in camp there?—A. Probably a week. I don’t 
i-emember. 

Q. IVhere were you before that time?—A. I don’t remember where I went 
from there. 

Q. Where were your headquarters?—A. Winston-Salem. 

Q. Did you have a boarding place in Winston-Salem?—A, No. 

Q. Did you make your poll tax returns for 1919?— A. Y^es. 

Q. Did you pay your poll tax on or before IMay 1, 1920?—A. I sure did. 

Q. Have you your tax receipt?—A. Yes, 

Q. Are you a married man?—A. Yes. 

Q. Where is your Mife?—A, At home. 

Q. IVhere is her home?—A. About three miles up the road. 

Q. How long have you been living at the place where she is?—A. About 20 
years. 

Q. How long had you been living there just prior to the election? When did 
you move to the place where you now live?—A. June 23, 1920. 

Q. Where did you move from?—A. About a mile and a htilf above here. 

Q. In what precinct?—A. No. 2. 

Q. How long had you lived there?—A, Four years. 

Q. Did your wife at any time live in Winston?—A. No. 

T. V. SHERRILT^, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Lewis ; 

Q. Mr. Sherrill, your vote was challenged by the witness, S, IM. Goodman. 
Did you vote in the last election?—A. l"es. 

Q. Did you vote by absentee vote?—A. Yes. 

Q. Were you a resident of ward No. 2, Coddle Creek?—A. Yes. 

Q. Had you been a resident of said ward for four months prior to the elec¬ 
tion?—A. Yes. 

Q. Had you been a resident of Iredell County six months prior to the elec¬ 
tion?—A. Yes. 

Q. Had you been a resident of the State of North Carolina for two years 
prior to the election?—A. Yes. 

Q. You are past 21 years of age?—A, Yes, 

Q. You are a legal qualified voter?—A. Yes. 

(h’oss-examination by Mr. Diuun : 

Q. Did you pay your poll tax for 1919 on or before May 1, 1920?—A, Yes, 

Q. Where did you pay it?—-A. Statesville. 

Q. Are you married?—A. Y^es. 

Q. Where do you now live?—A. About 4 miles from here. 

Q. How long have you lived there?—A. Three years. 

Q. Is that in precinct No. 2?—A. Yes, 

Q, You say you voted by absentee?—A. Yes; I voted from Derita. ‘ 

Q. Did you vote by certificate or ballot?—A, I sent it through the mail. 


CAMPBELL VS. DOUGHTON. 


897 


Q. Did you send ji ballot through the mail, or did you send a certiticale?— 
A. I do not know. * 

1}. Did you send a regular bunch of tickets?—A. Yes. 

Q. And you did not send a certiticate; you did not sign any paper?—A. I 
signed my name. 

Q. Who witnessed it?—A. My brother.* • 

Q. Did he send a certificate at the same time?—A. I guess he did. 

Q. Do you know who witnessed his certificate?—A. No. 

Redirect examination: 

Q. Was this the certificate you signed and mailed?—A. Yes. 

i 

B, B. KERR, witness for the contestee, being duly sworn, testified as follows: 

Direct examination by Mr. Lewis : 

Q. Mr. Kerr, you voted in the last election in Coddle Creek No. 2?—A. Y’^es. 

Q. Your vote was challenged by the witness S. M. Goodman?—A. Yes. 

Q. Did you mail in your certificate or have it mailed to the registrar of 
elections?—A. Yes. 

Q. Is that the certificate you signed?^—A. Yes. 

Q. Who witnessed that certificate?—A. W. D. Templeton. 

(}. Where were you on the day of election?—A. I was in Laurinburg, 

Q. Where is your home, Mr. Kerr?—A. Mooresville. 

Q. Was your home in Coddle Creek No. 2 four months prior to the election 
of 1920?—A. Yes. 

Q. Were you a resident of the county of Iredell six months prior to the 
election?—A. Yes. 

Q. Were you a resident of the State of North' Carolina two years prior to 
the election?—A. Been here all my life. 

Q. You were 21 years old?—A. Yes. 

Q. And legally registered?—A. Y"es. 

Q. So you were a legal qualified voter?—A. Yes. 

Cross-examination by Mr. Dulin : 

Q. Did you pay your poll tax on or before May 1, 1920, for the year 1919?— 

A. Yes. 

Q. What were you doing in Laurinhurg?—A. I left here about four days 
before the election to finish a new front for Efird’s department store. 

Q. How long did you live there?—A. I was there about nine days. 

Q. Where did you go to after you left there?—A. Right back here. 

Q. Are you married?—A. Yes. 

Q. Where did you send your certificate from?—A. It was mailed in here 
before I left. W. D. Templeton mailed it for me. 

Q. Were you registered?—A. Yes. 

Q. Whom did you register before?—A. T. O. Brawley. 

T. D. BRAWLEY, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Lewis : 

Q. Mr. Brawley. where do you live?—A. I live in Mooresville. 

Q. Live in Coddle Creek No. 2?—A. Yes. 

Q. Were you registrar for the last general election November 2, 1920?— 
A Yes 

Q. As such registrar you were present on the day of election?—A. Y^es. 

Q. Did you preserve the absentee votes; do you have the votes now with 
you that were cast that day?—A. l^es. 

Q. Please exhibit them. All these votes were challenged by the witness 
S. M. Goodman on the Campbell hearing. Take the vote of Mrs. Mary Teeter; 
it shows a certificate and affidavit. Was she sick on the day of election?— 
A. Yes. 

Q. Mr. Goodman swore that he didn’t see that certificate and affidavit. 
Were they opened and exhibited there?—A. Yes. 

Q. The vote was cast?—A. Yes, 

Q. And passed on by the election officers?—A. Yes. 

Q. She is a qualified voter and duly registered ?—A. Yes. 

57695—21-57 1 


898 


CAMPBELL VS. DOUGHTON. 


Q. The vote of Mrs. Alice McLean, her vote was challenged. She was sick. 
Is there an affidavit and certificate inclosed in the ballot?—A. Yes. 

Q. Was that envelope opened and the tickets exhibited to the election offi¬ 
cers?—A. Yes. 

Q. She was a duly qualified voter and duly registered?—A. I'es. 

Q. Mrs. Bessie Collins?-^A. Here is her certificate and affidavit. She was sick 
the day of the election. 

Q. Was she a duly qualified elector, duly registered?—A. Yes. 

Q. And the envelope inclosing her tickets and the certificate and affidavit 
were duly opened and presented to the election officers and passed on?—A. Yes. 

Q. Miss Lucy McNeilly?—A. It shows there was a certificate and affidavit 
inclosed. 

Q. She was sick on the day of election?—A. Yes. 

Q. That envelope was opened and the tickets, together with the certificate, 
was exhibited to the election officers?—A. Yes. 

Q. She was a duly qualified elector and duly registered?—A. Yes. 

Q. Rufus Deaton?—A. It is here. 

Q. Was he sick on the day of election?—A. No; he was away from home. 

Q. Is he a duly qualified elector of Iredell County?—A. Yes. 

Q. M'as away from home?—A. Yes. 

Q. And mailed it back?—A. Yes. 

Q. And it was opened and exhibited to the election officers?—A. Yes. 

Q. Miss Elizabeth Rankin?—A. She was away from home. Mailed in her 
absentee vote. 

Q. She is a duly qualified elector and entitled to vote?—A. Yes. 

Q. Mrs. Lila Bell?—A. She was sick at the time. Inclosed a doctor’s certifi¬ 
cate, her vote and ballot, together with her certificate. , 

Q. And they were duly opened and exhibited to the election officers and the 
vote was cast?—A. Yes. 

Q. She was a duly qualified elector?—A. Y'es. 

Q. Miss Mary E. Collins?—A. Hers is here. 

Q. Was she sick?—A. I reckon so. “Unable to attend in person,” it says. 

Q. She was a duly qualified elector?—A. Yes. 

Q. And that vote was opened and exhibited to the election officers and passed 
on?—A. Y"es. 

Q. J. A. Alexander?—A. He was sick on the day of election and has since 
died. 

Q. Does that appear by affidavit?—A. His son, I believe, signed the affidavit. 

Q, He was a duly qualified elector, an old man in your v-ard?—A. Yes. 

Q. His vote was opened and exhibil.ed to the election officers?—A. Yes. 

Q. R. M. StaCford?^—A. Inclosed a certificate, together with his'ballot. He 
was absent from the county on the day of election. 

Q. Was he a duly qualified elector?—A. Yes. 

Q. And his vote was cast, and the envelope opened and exhibited on the day 
of election?—A. Yes. 

Q. Mrs. Clara Young—she was a Republican that was challenged—she voted 
the Republican ticket?—A. Yes. 

(}. IMiss Ella Benfield?—A. Hers has a certificate and affidavit both and 
tickets inclosed. 

Q. She was a duly qualified elector?—A. Yes. 

Q. The vote was opened and exhibited to the election officers and passed on 
and voted?—A. Yes. 

Q. Aliss Mary Bell Flowers?—A. She just had a certificate. Was she absent 
from the county on the day of election? ' 

Q. And a duly qualified elector?—A. Yes. 

Q. Her vote was opened and exhibited to the election officers?—A. l^es. 

Q. C. G. Adams?—A. He was away at the time. 

Q. He is a duly qualified elector in Coddle Creek No. 2?—A. Yes. 

Q. And his vote was cast as he sent it in, and the envelope was opened and 
the tickets exhibited to the election officers?—A. Yes. 

Q. F. M. Gabriel ?—A. He was away; mailed in his vote and it was cast as 
he mailed it in. 

Q. He was a duly qualified elector and the envelope was opened and ex¬ 
hibited to the election officers?—A. Yes. 

Q. Eugene Hawthorne?—A. He sent in his vote, too. 

Q. Was he a duly qualified elector in your precinct?—A. Yes. 


CAMPBELL VS. DOUGHTON. 899 

Ye^ was opened and exhibited to the election officers and cast?—A. 

Q. W. M. Creswell?—A. He was away at the time, too. He mailed in his 

vote. 

qualified elector, and his vote was opened and exhibited to 
the election officers and passed on?—A. Yes. 

Q. And his vote cast ?—A. Yes. 

Q. W. L. Collins?—^A. He was away, too. 

Q. Was he a duly qualified elector?—A. Yes. 

Q. His vote was opened and exhibited to the election officers and cast‘s— 
A. Yes. 

Q. Mrs. Emma McLelland?—^A. She was away, too. She mailed in her vote. 

Q. It was opi?ned and exhibited to the election officers and vote cast?—A. Yes. 

Q. Dr. W. D. 'McLelland ?—A. He sent his vote. 

Q. Where was Dr. McLelland on the day of election?—A. He was in the 
Army in Germany. 

Q. Is he now in the army of occupation?—^A. Yes. 

Q. Is he a duly qualified elector in Coddle Creek No. 2 ?—A. Yes. 

Q. His vote was cast as he mailed it in ?—^A. Yes. 

Q. Miss Sue McNeilly?—^A. She was sick. 

Q. Was she a duly qualified elector?—^A. Yes. 

Q. And the envelope was opened and exhibited to the election officers, and 
they passed on it and the vote was cast?—^A. Yes. 

Q. Miss Mary Coon?—A. She was away. 

Q. She was a duly qualified elector in your precinct?—A. YeSi 

Q. Her vote was opened and exhibited to the election officers and her vote 
cast?—^A. Yes. 

Q. J. E. McNeill?—A. He was away from home. Runs on the road. 

Q. He is a duly qualified voter, and his vote was opened and exhibited to the 
election officers and cast?—A. Yes. 

Q. Mrs. Blanche Sherrill?—A. She sent in her vote. 

Q. Was it duly opened and exhibited to the election officers?—A. Yes. 

Q. Was she a duly qualified elector and entitled to vote?—^A. Yes. 

Q. Miss Marie Gabriel?—^A. She mailed in her vote. 

Q. Is she a duly qualified elector?—A. Yes. 

Q. And it was opened and exhibited to the election officers, and her vote was 
cast?—A. Yes. 

Q. Bessie Bangor?—A. She was sick at the time and not able to attend. 

Q. And the affidavit and certificate inclosing the ballot were mailed in?— 
A. Yes. 

Q. And were duly opened and exhibited to the election officers?—A. Yes. 

Q. And the vote was cast?—A. Yes. 

Q. Lillian Frontiss?—^A. She was sick, too. 

Q. Did she mail in her vote?—A. Yes., 

Q. The certificate and affidavit stating she was sick?—A. Yes. 

Q. She was a duly qualified elector ?—A. Yes. 

Q. And the vote was duly opened and exhibited to the election officers and 
the vote cast?—A. Yes. 

Q. Mr. Goodman swore on the first hearing that these votes were cast with¬ 
out being opened and exhibited to the election officers. That is not true?— 
A. No. 

Q. He swore that you didn’t give him an opportunity to challenge the vote; 
is that true?—A. He was right there and consented for them to be voted. 

Q. Mr. Goodman knew all these people were duly qualified electors?—^A. I 
think so. If he didn’t, it was his own fault. There was nothing to prevent him 
seeing them when they were opened and cast. 

Q. You as registrar carried on the election there as fair as you knew how?— 
A. Yes. 

Q. Did he challenge any of these votes?—A. No. 

Q. Did anyone challenge any?—A. No. Didn’t challenge anybody. 

Q. Nothing w^as called to your attention that would disqualify auy of 
these?—A. No. 

Q. They were all duly registered and, as you thought, qualified voters?— 
A. Yes. 

Q. As to the votes of these three young men, T. V. Sherrill, B. B. Kerr, and 
F. B. Sherrill; those votes were opened and voted as they were mailed in 
and duly exhibited to the election officers, and they were qualified voters?— 
A. Yes. 


900 


CAMPBELL VS. DOUGHTON. 


Q. Did Wilson A. Brown vote in your precinct on the day of election?— 
A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Was he between the ages of 21 and 50 on the 1st day of May, 1920, as 
shown on the registration book?—A. Yes. 

Q He did not live here during the year 1919?—A. I do not think he did. 

Q. Mr. Joe A. Cushion, did he vote?—^A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. C. C. Cook—did he vote in the last election?—A. Yes. 

Q. How?—A. Republican ticket. 

Q. And for Dr, Campbell for Congress?—A. Yes. 

Q. AVere Mr. Cashion and Mr. Cook between the ages of 21 and 50 on the 
day of election—on May 1, 1919?—A. Yes. 

Q. Were they residents of Iredell County on the 1st day of May, 1919?— 
A. Yes. 

Q. And should have their poll-tax returns in this county?—A. Yes. 

Q, R, L, Edwards—do you know him?—A. Yes. 

Q. Did he vote in the last election?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell for Congress?—A. I suppose so. 

Q. Was he between the ages of 21 and 50 on May 1, 1919, as shown by your 
registration book?—A. Yes. 

Q. He moved in from another county in the first part of the year 1920?— 
A. I think so. 

Q. Do you know G. C. Eads? Did he vote?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know T. O. Goodman?—A. Yes. 

Q. Did he vote in the last election?—A. Yes. 

Q. In your precinct?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. All of these parties whose names I have called voted in Coddle Creek, No. 
2?—A. Yes. 

Q. And they were residents of Iredell County on said date?—A. Yes. 

Q. W. R. Whitener—did he vote in your ward at the last general election?— 
A. Yes, 

Q. How did he vote?—A. I think he voted the Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Was he between the ages of 21 and 50 on said date?—A. Yes. 

Q. He moved in from Catawba County in the early part of 1920?—A. Yes. 

Q. Do you know N. S. Brawley?—A. Yes. 

Q. He was a soldier?—A. I think so. 

Q. Did he vote in the last general election?—A. Yes. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know J. E. Follette?—A. Yes. 

Q. Did he vote in the last general election?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know I. M. Overcash?—A. Yes, 

Q. Did he vote in the last general election?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. He was a soldier?—A. I think so. 

Q. Discharged September 9, 1919?—A. Sometime; I don’t know. 

Q. B. F. Wilhelm—do you know him?—A. Yes. 

Q. Did he vote in the last general election?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. He was a soldier?—A. I think so, 

Q. These last four names—were they between the ages of 21 and 50 on May 
1, 1919?—A. Yes. 

Q. Were they residents of Iredell County on said date?—A. Yes. 

Q. Should have made their tax returns here?—A. Yes. 


CAMPBELL VS. DOUGHTON. 


901 


Cross-examination by Mr. Dulin : 

Q. What is the age of AVilliam A. Brown?—A. He is between 21 and 50. He is 
not 50 yet. 

Q. What is the age of John A. Cashion?—A. I don’t know; about 30 or 35. 

Q. How old is C. C. Cook?—A. He is a young man; not 50. 

Q. Do you know his age?—A. Not exactly. 

Q. Do you know the age of R. L. Edwards?—A. If I had the registration book 
I might tell you. 

Q. Do you know the age of G. C. Eads?—A. No. 

Q. Do you know T. O. Goodman?—A. He is between 21 and 50. He is a 
young man. 

Q. Do you know W. R. Whitener?—A. Yes. 

Q. What is his age?—A. I don’t know exactly. 

Q. N. S. Brawley; do you know him?—A. Yes; he is a* young man. 

Q. I>o you know his age?—A. Not exactly. 

Q. Do you know J. E. Follette?—A. Yes. 

Q. What is his age?—A. I guess he is 24 or 25. He is over 21. 

Q. Would you be positive he is over 21 at tax-listing time in 1919?—A. Yes. 

Q. I. M. Overcash; what is his age?—A. I don’t know. 

Q. Do you know B. F. Wilhelm?—A. Yes. 

Q. How old is he?—A. Suppose he is 25. 

Q. Could you swear, of your own knowletlge, that this party was 21 at tax¬ 
listing time in 1919?—A. Yes. 

Q. Are you basing your answers upon the facts you know or what you have 
heard?—A. On the registration book. 

Q. Have you the registration book with you?—A. I have not got it here. 

Q. Do these parties live here in Mooresville—in this vicinity?—A. Yes; 

Q. Do you know of any reason why they could not have attended this hear¬ 
ing and testified as to their ages and qualifications?—A. No; I do not. 

Q. What position did you occupy on the day of election?—A. I had the 
registration book. 

Q. Did the voter face you as he voted?—A. Yes. 

Q. When he put his tickets in the box, did he put the side of the ticket 
toward you as he put it in the box?—A. Some did and some didn’t. 

Q. Unless they did you could not swear positively that they voted for Dr. 
Campbell?—A. I know the Republicans and how they are going to vote. 

Q. I will ask you now to testify as to how they actually voted. Can you do 
that?—A. I think they voted the Republican ticket. I am pretty sure of it. 

Q. Will you swear they did?—A. Yes; they voted it. 

Q. Whether you saw their ticket or not, you are willing to swear they voted 
for Dr. Campbell?—A. They voted the Republican ticket. 

Q. They might have scratched him. They might not have voted for him?— 
A. I don’t think there is a doubt about it. I didn’t put the tickets in myself. 
Mr. Neal put them in. 

Q. Where is he?—A. He is here. 

Q. He could have testified as to how they actually voted?—A. I don’t expect 
he could as fast as they voted. 

Q. Did they vote fast?—A. Yes; pretty fast. 

Q. You do not know how all the people voted in that ward?—A. I know 
pretty well. 

Q. Except those who scratched?—A. There was no scratching going on. 
Everything was straight. 

Q. Now, as to these absentee votes you have testified to, you testified they 
were all qualified?—A. Yes. 

Q. Did you know, of your own knowledge, that Mrs. Mary Teeter was sick?— 
A. I know’ from that affidavit. 

Q; You do not know of your own knowledge?—A. That is all. 

Q. You also stated that one of these parties was challenged?—A. Wasn’t 
anvbody challenged. 

Q. I will ask you if Mr. Goodman did not challenge the entire absentee list, 
including Republicans and Democrats?—A. He did not. 

Q. Did he not challenge Mrs. Clara Young?—A. No. 

(5. Did he see any of these certificates and affidavits at the time the tickets 
were cast?—A. I reckon so. He was there. 

Q. Did you open the tickets?—A. Yes. 

Q. Do you remember handing him any of these certificates?—A. I held them 
up wiiere he could see them. 


902 


CAMPBELL VS. DOUGHTON. 


Q. Did be ask you to let him see them?—A. No. 

^ Q. Who was present at the time these absentee votes were voted?—A. The 
election oflicers—the judges and others, too. W. M. Neal and Mr. Goodman, 
and we had a special clerk. 

Q. Who was the clerk?—A. Fred Clark. 

Q. At the close of voting, or after the election had been held, did you send 
the absentee certificates that you have with you in with your returns?—A. No. 

Q. You never did return them to the register of deeds or any other person, 
did you?—A. No; I did not. 

Q. Were any of the parties registered before the chairman of the board of 
elections?—A. I think not. 

Q. Dr. W. D. McLelland, I believe, you stated was in Germany?—A. Yes. 

Q. You state he was a qualified soldier?—A. Yes. 

Q. Do you know whether he paid his poll tax for 1919 on or before May 1, 
1920?—A. I do not. 

Q. Then it is possible you might be mistaken about his being a qualified 
voter?—A. He was registered. 

Q. A man in the war is a citizen?—A. Yes; he is a qualified voter, regardless 
of whether he paid his poll tax or not. 

Q. You do not know whether he paid his poll tax?—A. No.. 

Q. Do you know whether he is a qualified voter?—A. Yes; he is a qualified 
voter. 

Q. You are willing to swear he is a qualified voter notwithstanding the fact 
that you do not know whether he paid his poll tax or not?—A. I do not know 
whether he paid his poll tax or not. 

Q. And still you say he is a qualified voter?—A. Yes. 

Q. Will you swear that?—A. He was registered. 

Q. Is he a qualified voter?—A. I think so. 

Q. Would he be a qualified voter if he had not paid his poll tax. I Mfill 
ask -you if you do not know when a man is qualified?—A. I do not know 
whether that bars him. 

Q. And you were registrar of your precinct?—A. Yes. 

Q. What are the qualifications for a man to be eligible to vote?—A. He has to 
live in the State a certain length of time, in the county, and precinct a certain 
length of time; be the right age, and that is all I recall. And I always swore 
them. 

Q. Do you swear all these parties were qualified?—A. All that I registered. 

Q. What is the oath that you administer?—A. State two years, county six 
months, and the precinct four months. 

Q. And that is the qualification?—A. They have to support the Constitution 
of the United States, and be the right age. That is about all. 

Q. Have you got the certificate of Dr. W. D. McLelland there?—A. Yes. 

Q. Let me see it, please. Was this certificate mailed to you?—A. Yes. 

Q. Where from?—A. Does it say. I don’t know. It looks like Coblenz, 
Germany, to me. 

Q. Any postmark on that envelope?—A. I don’t see any. 

Q. Is there a postmark of any foreign country?—A. I do not know. 

Q. Do you know the party that is a witness to this?—A. Who is he? No; 
I don’t know. , 

Q. Was there a ballot inclosed with this certificate?—A. Yes. 

Redirect examination: 

Q. What were the ages of the persons you spoke of? Were they between the 
ages of 21 and 50 on May 1, 1919?—A. Y^es. 

The contestant, through his attorney, asked for permission to hold the 
certificate and envelope in which Dr. McLelland’s ballot was mailed, the witness 
having testified that there was no postmark of Germany on the same. .The 
attorneys for the contestee refused to permit the envelope and certificate to be 
retained by the attorneys of the contestant, and refused to insert the same 
in the record. 

To which the contestee rejoins and states, through his attorneys, that he does 
not object to the same being introduced in evidence, but does seriously object 
to the certificate being slipped away by the attorney for the contestant and hid 
in his book and trying to steal it from the court and from the records. 

Contestant offers for the record the certificate in question now in the hands 
of J. G. Lewis, attorney for the contestee, and not in the possession of the 
attorneys for the contestant, the certificate of W. D. McLelland, an absentee 


(CAMPBELL VS. DOUGHTON. 


903 


voter in the election on November 2. 1920, now residing;’ in Germany, and further 
that tlie certificate in question is now in the hands of the attorney for the con- 
testee, and not in tlie hands of the re^tistrar, whom he claims is entitled to the 
possession of it. 

The certificate in question, the contestee through his attorney states, was in 
the possession of the registrar, and while he was on the witness stand, the 
attorney for the contestant asked him to see the same; that he was then ex¬ 
cused as a witness, when the attorney, P. P. Dulin, of the contestant, slipped 
the same in his book and tried to conceal it, and this fact can be proved by 
everybody in this house. 

Miss EULALIA McLELLAND, deputy sheriff, witness for the contestee, re¬ 
called. testified as follows: 

Direct examination by Mr. Lewis : 

Q. I hand you a list of voters sworn to by T. O. Brawley, the witness who 
preceded you on the stand. Please examine the same and state what your 
tax records show as to poll tax for 1919?—A. Wilson A. Brown paid September 
25, 1920, after May 1, 1920. Joe A. Cashion, poll tax for 1919 not charged, 
and not paid. G. C. Cook, poll tax for 1919 not charged and not paid. R. L. 
Edwards, poll tax for the year 1919 not charged and not paid. G. C. Eads, 
poll tax for 1919 not charged and not paid. T. O. Goodman, poll tax 
for 1919 not charged sind not paid. W. R. Whitener, poll tax for 1919 not 
charged and not paid. AV. AV. AATintman, paid June 22, 1920. after ]\Iay 1, 1920, 
and no poll tax charge. N. S. Brawley, poll tax for 1919 not charged and not 
paid. .T. E. Follette, poll tax for 1919 not charged and not paid. I. M. Over¬ 
cash, poll tax for 1919 not charged and not paid. B. L. AVilhelm, poll tax for 
1919 not charged and not paid. 

Q. You examined your records—the records in the sheriff’s office, thoroughly 
for these names?—A. I did. 

Cross-examination by Air. Dulin : 

Q. You do not know, Aliss McLelland, whether or not any of these parties 
paid their poll tax out of Iredell County, do you?—A. I do not. 

(). All you have testified to is to the records here—that they have not paid 
in Iredell County?—A. Y"es. 

J. H. McLELLAND, witness for the contestee, recalled first time, testified as 
follows: 

Direct examination by Air. Lewis: 

Q. You are the brother of Dr. AA"^. D. AIcLelland?—A. Yes. 

Q. Dr. AIcLelland is now a soldier in the United States Army in Germany?— 
A. Yes. 

Q. Did you mail him a certificate for the last election?—A. I did. 

Q. Did iie mail you the certificate back?—A. He did. 

Q. Now, Air. AIcClelland, have you the certificate in your hands?—A. I have. 

($. Is that the certificate of Dr. AV. D. AIcClelland?—A. I'es. 

Q. The ballots contained therein were voted in the last election?—A. Yes. 

Q. And you got that from Air. Brawley, the registrar?—A. Yes. 

Q. Do you know his handwriting?—A. Yes. 

Q. Is tiiat his handwriting signed to that certificate?—A. Yes. 

Q. AA'hen that certificate was mailed to you by your brother from Germany, 
he instructed you to insert a straight set of Democratic tickets?—A. Y^es. 

Q. AA'hich you did?—A. Yes. 

Q. And it was mailed the last time in Mooresville?—A. I mailed it myself. 

Q. Y'ou carried out Dr. AIcLelland’s wishes in regard to the tickets to be put 
in?—A. Yes. 

(Contestant objects to any evidence concerning a letter from Dr. AIcLelland 
unless the evidence is produced in open court.) 

Cross-examination by Mr. Dulin : 

Q. Have you any letter from your brother?—A. I do not know that I have. 
Y"es ; here is one. 

Q. AATll you swear that that is the same handwriting that is signed to that 
certificate?—A. It is, as well as I can see it. It is not exactly the same. It is 
the same general lines. 


904 


CAMPBELL VS. DOUGHTON. 


Q. I will ask you if there is any resemhlance there?—A. I take that to be 
siftned by him. 

Q. You do not know?—A. I take it this is his handwriting; yes. 

Q. You are stating as to this on the envelope as being his handwriting?—A. I 
am stating as to both of them. 

Q. You sealed up this ballot and mailed it to the registrar yourself?—A. Yes. 

Q. And the voter did not seal it?—A. I sealed it myself. Put in the ticket 
my.self. 

Redirect examination: 

Q. You have seen vour brother’s name written by him a lot of times?—A. 
Yes. 

Q. You are acquainted with your brothers’ handwriting?—A. Y"es. 

Q. And you will swear that to the best of your opinion this is his handwriting 
on this certificate?—A. I will. 

In the matter of James I. Campbell, contestant, v. K. L. Doughton, contestee, 
the commissioner of testimony adjourned the hearing in this case until April 
2, 1921, at Statesville, N. C., beginning at 10 o’clock a. m. 

In the matter of James I. Campbell, contestant, v. R. L. Houghton, contestee, 
pursuant tn adjournment at INIooresville, N. C., the hearing resumed at States¬ 
ville, N. C., on this the 2d day of April, 1921, when and where the contestant 
was represented by his attorneys, P. P. Dulin and INIonroe Adams, and the con¬ 
testee in i)erson, and represented by his attorneys, Lewis & I^ewis, Long & 
Jurney, and W. D. Turner. 

The attorneys for R. L. Doughton, contestee, writes into the record the fol¬ 
lowing statement: 

Whereas the time for contestee in taking of testimony in this contest ends 
on the 26th of April, 1921; and whereas the contestant has 10 days thereafter 
to offer testimony in rebuttal, to which contestee has no reply; and whereas 
the contestant has given a list of the votes cast in Iredell which contestee 
assumes to be a full and complete list of all votes in Iredell County to he chal¬ 
lenged by contestant. 

However, if contestant desires and intends to challenge any other votes in 
Iredell County for nonpayment of poll tax, or for any other cause, the contestee 
hereby requests the contestant to furnish to contestee’s attorneys on or before 
the 15th day of April, 1921, a complete list of the names of all additional voters 
whose vote will he challenged for nonpayment of poll tax or other cause, in 
Iredell County in order that contestee may offer testimony in reply during his 
period for taking testimony, and notice is hereby given contestant that contestee 
will resist the offering of any testimony in rebuttal relating to the challenge 
of any vote for nonpayment of poll tax or other cause whose names do not 
appear on the list already furnished by contestant, or to be furnished, as 
herein stated. 

The contestant, through his attorneys, states for the record in reply to the 
notice above given, that they expect to conduct the hearings as to Dr. Janies I, 
Campbell as provided by the rules and law governing such cases. 

Mrs. CORA SALMONS, witness for the contestee. he ng duly sworn, testified 
as follows: 

Direct examination by Mr. Lewis : 

Q. Mrs. Salmons, you voted in ward 4, city of Statesville?—A. Yes. 

Q. You sent in an absentee vote?—A. Yes, 

Q, Mrs. Salmons, were you sick and unable physically to attend the election 
in iierson on that day?—A. My baby was sick, and I was broke down. 

Q. Were you sick yourself and broken down?—A. Yes; just broke down from 
being up with my baby. 

Q. Did you tell the man that obtained your absentee vote that you were not 
able to attend?—A. I told him the day before the election I could not get down. 
I was not so sick, hut broke down over my baby being sick. I was troubled. 

Q. What was the matter with the baby?—A. Had pneumonia and it was the 
second time. 

Q. You voted the Democratic ticket?—A. Yes. 

Q. You, having been up with your baby, were physically unable to attend 
the election in person and cast your vote?—A. I reckon I was. I was just not 
able to come. I was worried and was sick, too. 

Q, You were broken down over loss of sleep?—A. Yes. 


CAMPBELL VS. DOUGHTON. 


905 


Q. What was the aj?e of the bahy?—A. That was in February. She will soon 
be 20 months old. 

Cross-examination by Mr. Adams : 

Q. It was just anxiety about the baby was all that was the trouble?—A. 1 
was broke down from being’ up. You sit up with a baby six or seven days and 
see how you will feel. I never left it. She has had pneumonia twice and this 
is the first time I have left her since last July. 

Q. What were you doing on the day of election?—A. I was at home. 

Q. Were you up and doing your usual duties?—A. I haven’t done a thing 
except tend to my baby. Not a thing. 

Q. You have a daughter by the name of Mrs. Rlackwelder?—A. Yes; she 
come home after she voted and got dinner. 

Q. She has a child of her own. has she not?—A. Yes. 

Q. Don’t you think you could have trusted her with your child for 15 min¬ 
utes?—A. No, sir; I trust my bahy when she is sick with nobody. 

Q. Have you a husband?—A. Yes. 

Q. What is his name?—A. Press Salmons. 

Q. Where was he on election day?—A. He was there part of the time, and 
part of the time I don’t know where he was. He was in and out all through 
the day. 

Q. Did you hear him make any statement about where he voted?—A. No. 

Q. Did he vote?—A. I don’t know whether he did or not. 

Q. Do you remember ever having a conversation in which you stated you 
were well and all right on election day?—A. No. 

Q. You do not remember that?—A. No. 

J. P. WILLIAMS, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Lewis : 

Q. What voting precinct in Iredell do you reside in?—A. New Hope. 

Q. You were one of the election officers on the day of election, November 2, 
1920?—A. I was one of the judges. 

Q. And as such judge you were present on the day of election and helped to 
hold same?—A. Yes. 

Q. Were the election officers—both registrar and judges—sworn before enter¬ 
ing upon their duties?—A. They were. 

Q. By whom?—A. Squire George Harris. I went by and got him myself and 
took him over to the election grounds. 

Q. As to Mr. Stamey J. Sloan, on challenge day, did you see him, or did you 
hear Bob Shumaker make a statement?—A. He said he had registered him, 
but he hadn’t put his name on the book. 

Q. Said Mr. Sloan had registered before him?—A. Yes. 

Q. Mr. Williams, in New Hope Township, your voting precinct, everything 
was fair concerning the election? Both parties had an equal chance under the 
law to cast their vote?—A. I think so. 

Q. You would not have been a judge and had it otherwise?—A. I don’t think 
I would. 

Q. It is a strong Republican precinct?—A. It is. 

Cross-examination by Mr. Duein : 

Q. Did you ever see a circular purporting to be Harding’s family tree circu¬ 
lated up there?—A. I saw it before the election commenced, but didn’t even 
look at the thing. 

Q. It was taken out of the box containing the tickets, was it not?—A. I don’t 
know. I was there and saw the box opened, but I would not swear it was. 

Q. It was somewhere near the box?—A. Yes. 

Q. Did you see a picture of President Harding surrounded with Negroes?— 
A. They said it was. I didn’t look at it. 

Q. Did you see an automobile pass there during the day and throw out a 
bunch of these Harding pictures surrounded with this crowd of Negroes?—A. 
I did not. 

Q. Did you hear any talk of it.?—A. I never heard any talk of it until after¬ 
wards. Not that day. 

Q. I believe you stated that you heard the registrar, Mr. Shumaker, say thnt 
he had registered Stamey J. Sloan?—A. Yes. 


906 


CAMPBELL VS. DOUGHTON. 


Q. Was he registered on the day of election?—A. His name was put on that 
day by the consent of the election officers, 

Q. How old a man is Mr. Sloan?—A. I imagine he is about 40. I would not 
swear. 


Redirect examination: 

Q. Mr, Williams, you mean on challenge day Mr. Sloan’s name was put on 
the book?—A. Yes. 

Q. And also the names of two Republicans?—A. I remember one, Everett 
Williams, I believe it was. 

Q. Their names were left off in transcribing and they were put on?—A. Yes. 

Q. Mr. Dulin asked you about the family tree of Mr. Harding. All you saw 
was this picture?—A. Yes. 

Q. You never saw any family tree?—A. I didn’t pay any attention to it. 

(}. All you saw was this picture, and there was no family tree of Harding?— 
A. 1 didn’t see anything about it. 

Recross-examination: 

Q. These two Republicans you spoke of registering, the registrar had made 
a mistake and had failed to transcribe them, had he not?—A. I think so. 

Q. As to Stamey J, Sloan, was that the same as to him?—A. No; he had 
failed to put his name on the book. 

Q. He had failed to register?—A. No; he had qualified him, Sloan told me,, 
but failed to put his name on the registration book. 

C, WATKINS, witness for the contestee, being duly sworn, testified as follows: 

Direct examination by Mr. Lewis : 

Q. Mr. Watkins, in what ward are you a resident in Statesville?—A. Ward 4. 

Q.Did you vote in the last general election?—A. I did. 

Q. Mail in your vote?—A. Yes. 

Q. On the day of election how long had you been a resident of the State 
of North Carolina?—A. All my life. 

Q. How long had j-ou been a resident of Iredell County?—A. About five and 
one-half years. 

Q. How long had you been a resident of ward 4 in tbe city of Statesville?— 
A. About three years. 

Q. You were duly registered?—A, Yes. 

Q. More than 21 years of age?—A. Yes. 

Q. Did Mrs. Watkins, your wife, vote that day?—A. Yes; she voted absentee. 

Q. Was she duly registered, and more than 21?—A. Yes. 

Q. Since you have lived in Iredell she has lived at the same place with 
you?—A. Yes. 

Cross-examination by Mr. Adams : 

Q. In the spring, Mr. Watkins, of 1920, you sold your business here, did 
you?—A. Yes. 

Q, Where did you move to after you had sold your business?—A. I went to 
IVIontreal to spend the summer. 

Q. At the time you sold your business out and moved away did you have 
any intention of going to some other place in the State to begin business?— 
A. My plans were not decided upon; the sale of my home was dependent upon 
that. 

Q. So you didn’t have any intention of going to another place to go into 
business?—A. My intentions, beyond spending the summer at Mon treat as 
other people do, were unsettled as to where I would go at the end of the summer 
season, and my other moves at the end of the season depended on whether 
or not my home had been sold. 

Q. If you could have sold your property it was not your intention to return 
here at all?—A. My plans after selling the property would have been at that 
time unsettled. I still consider this my home. % 

Q. Did you actually live in the precinct in which your vote was cast four 
months preceding the election held November 2, 1920?—A. I considered myself, 
as I was merely a summer resident of Montreat, as other people who go 
there for the summer. I might add that I returned to Statesville on an average 
of once a month while away, attending to business matters. 


CAMPBELL VS. DOUGHTON. 


907 


Reilirect examination: 

Q. You keep your bank account in Statesville?—A. Yes. 

Q. And do your financial business from this point?—A.Yes 

Q. Your house has not been sold yet?—A. It has not. I list my tax here 
and register here all the time. I consider myself a resident of Statesville. 

•Kecross-examination: 

Q. Did you pay your poll tax for 1919 on or before May 1. 1920?—A. I did. 

E. B. QUINN, witness for the contestee, being dulv sworn, testified as 
follows: 

Direct examination by INIr. Lewis : 

Q. Mr. Quinn, where d'd you and IMrs. Quinn, your wife, vote in the last 
elec-tion?—A. Ward 1, Statesville. 

Q. How long were you a resident of the State of North Carolina before No¬ 
vember 2, 1920?—A. I have been a resident of the State all my life. 

Q. How long had you been a resident of Iredell Countv?—A. I moved to 
Statesville in March, 1913. 

Q Your residence from that time on was in Iredell Countv?—A Except for 
a period when I lived in Raleigh. 

Q. Was that your home?—A. I was temporarily there. 

Q. Did you consider Iredell County your home while4n Raleigh?—A. Yes. 

Q. Paid your poll-tax returns here?—A. Y^es. 

Q. l^ou and your wife were both legal qualified voters, and cast your vote 
according to law?—A. I so considered it; yes., <. 

Cross-examination by'Mr. Adams: 

Q. You state you went to Raleign about a year and a half and lived?—A. I 
said we lived there about that long. 

Q. You were employed with the Government prior to that time at States¬ 
ville?—A. Yes. 

Q. When you went to Raleigh you were a Government employee?—A. I was 
not. 

Q. What business were you in at Raleigh?—A. I was in the automobile-tire 
business. 

Q. You departed from Statesville to enter a new business?—A. Not to 
enter; I went to try it out. 

Q. When you returned to Statesville, did you return to the same business 
that you left here?—A. That business was not here when I returned. 

Q. And you went away when it was moved away?—A. I was away at the 
time it was moved away. 

Q. Then you came back to a new business?—A. There was nothing else to do. 

Q. You came back here what date?—A. I got here some time between the 
1st and 10th of October, 1920. 

Q. You w'ere not in this county six months before the election? You never* 
had held this position you now hold before?—A. No. 

Redirect examination: 

Q. Mr. Watkins, you say when you went to Raleigh you went to try this 
business out temporarily?—A. Yes. 

Q. You made your 1919 tax return in Iredell County?—A. Yes. 

Q. Your other taxes, too?—A. Yes. 

Q. Did you at all times intend for Iredell to be your legal residence?—A. I 
expected when I first went to come back. I did not like the position any too 
well. My wife was opposed to living there, and I began to make my arrange¬ 
ments to come back long before the election. I talked it over and explained it 
to people and they all decided I had a right to vote. 

Q. With whom did you talk?—A. I consulted with men that I thought would 
tell me, and they told me so. 

Q. And you told them Iredell County had been your home since 1913?—A. 
Had my arrangements made to come back May 1, 1920, already arranged. The 
place to live rented, and had a position cinched. It was a matter of getting 
somewhere to live. 

Q. You could not have conscientiously voted in Raleigh?—A. I didn’t make 
any attempt to. 


908 


CAMPBELL VS. DOUGHTON. 


Recross-examination: 

Q. Mr. Quinn, you went down to Raleigh to try out the automobile-tire 
business. If everything had proved successful, as you intended, you would have 
been there until yet?—A. My wife and children were dissatisfied, and I meant 
to come back all the time. It was six months before I got her there, but finally 
prevailed on her to come after six months. She stayed there less than a year. 

Q. You prevailed on her to move down there regardless of her desire to live 
here?—A. She moved down there, and, of course, I represented things as looking 
as good as I could. 

Q. She voted in this county, too? You both voted the Democratic ticket?— 
A. Yes. 

J. G. LEWIS, witness for the contestee, being duly sworn, testified as follows: 

Direct examination by Mr. Turneb: 

Q. Mr. Lewis, what official position do you hold under the election laws of 
North Carolina?—A. Chairman of the county board of elections for this county. 

Q. Do you know J. R. Eddinger?—A. Yes. 

Q. Do you know W. W. Houpe?—A. Yes. 

Q. Do you know whether they voted in the last election?—A. Yes; they did. 

Q. How?—A. They voted the Republican ticket. 

Q. Were they registered?—A, No, sir. They were not. I will give you the 
number they voted. Mr. Eddinger voted 303, No. 1, Statesville; Mr. Houpe, 
306, No. 1, Statesville. 

Q. Neither one of these parties was registered?—A. No; I examined the 
new books that the names were transcribed to. I also examined the old book; 
that is, my ward where I vote, and I examined to see who had registered and 
who had not, and found they were not registered. 

Q. Do you know Frank Whitney?—A. Yes. 

Q. How old is he?—A. The registration book shows him to be about 42 years 
old. I know by looking at the man he is between 21 and 50. F. H., I think, 
are his initials. 

Q. Which ward does he live in?—A. Ward No. 1, Statesville. 

Q. Do you know whether he voted?—A. Yes. 

Q. Whom did he vote for?—A. Voted the Republican ticket and for Dr. 
Campbell. He was the Republican clerk there that kept the poll that day. I 
talked to Mr. Whitney and asked him whether he had paid his poll tax, and 
he said he had not. I then asked him whether he was exempt. He said, “ No ” ; 
he had never applied for exemption to the commissioners and was not exempt. 
I examined the records in the register of deeds office and they showed the same 
thing. That he was not exempt from poll tax, and he admitted he had not 
paid it. 

Q. Did you examine the records to see?—A. Yes; I examined the records in 
the clerk’s office and also examined the records in the sheriff’s office, and each 
showed that he had paid no poll tax. 

Q. How long had he been a resident of Iredell?—A. I think he was here 
when I came here. He has been a resident for over 8 or 10 years, I think; 
possibly more. 

Q. Do you know Charlie Payne?—A. Yes. 

Q. Where did he vote?—A. He voted in Bethany precinct, Iredell County. 

Q. Did he pay his poll tax there?—A. I didn’t look for that. He voted as an 
absentee. The certificate he voted was read in the record. I think it was on 
July 5 or 6, probably. He and Mr. W. J. Knight came to my office and told 
me they were going to Panama Canal to stay awhile, and would be back, and 
I asked them whether they were going to make that their home, and they said 
no, Iredell was their home. Mr. Knight told me he wanted to vote the Demo¬ 
cratic ticket. Mr. Payne has been a Republican. He was raised one. I said 
to Charlie, “ I want you to do me a favor and vote the Democratic ticket. You 
voted that way in the primary, and I want you to vote the Democratic ticket.” 
He said, ‘‘All right, I will do that.” I then gave them both a certificate, which 
they signed, each of them, and I witnessed it. At that time the tickets w’ere 
not printed. In fact, it was a few days after the Democratic primary that they 
signe^l it, and I said, “ I will keep this certificate until I get the tickets printed, 
and then I will put in the envelope the certificate and a set of straight Demo¬ 
cratic tickets and mail them to the registrar.” They said, ‘‘All right. That 
is what we want you to do.” My uncle, N. A. Lewis, and my brother, H. C. 
Lewis, were present when that talk took place. That vote I kept until some 


CAMPBELL VS. DOUGHTON. 


909 


time in October, and I got the tickets and put in Democratic tickets and mailed 
it some time in October to N. F. Blackwelder, registrar of Bethany precinct. 
They were both duly registered. I didn’t register either of them. 

Q. Where did you say they went?—A. They went to Panama. Mr. Knight 
came back before the election and came and got his vote and voted in person, but 
Mr. Payne was still there, and his vote was mailed in. 

Q. Do you know Miss Ozell Lewis?—A. Yes. 

Q. Do you know anything about her vote?—A. Miss Ozell Lewis, my record 
shows, registered here in Statesville on September 9, 1920. She was here and is 
a second cousin of mine, and I saw her in the drug store. It was raining. Her 
father was a straight Kepublicaii for a number of years before he died. She had 
a brother, K. Neal Lewis, a Republican, and a brother Mack D. Lewis, who is a 
Democrat and voted in Concord precinct, Iredell County. I asked Miss Lewis to 
register and vote the Democratic ticket. She readily agreed to register, but 
said she didn’t want to vote, as she was not well enough informed as to know 
how she wanted to vote. I prevailed on her to vote, and while I was talking 
to her S. B. Miller came in and he asked her to vote. Told her she was in Wash¬ 
ington and ought to vote. Mr. Doughton had been kind to her and had assisted 
her in getting a job, and so she said all right. She then signed the certificate 
and gave it to me and told me to put in a straight Democratic ticket. Mr. A. L. 
Lowrance carried her home in his automobile after she had voted, and I have 
not asked him whether she told him she voted or not. I think probably she did. 

Q. Now, ]VIr. Lewis, you visited Washington at one time for the purpose of 
obtaining absentee votes?—A. Yes. 

Q. Did you keep a record of those whom you registered?—A. Y^es. The law 
requires a record to be kept of all absentee voters who register before the chair¬ 
man of the county board of elections. On Monday, when Dr. Campbell’s second 
hearing began, I brought this book up here and told the attorneys I would put 
it in the record. This is the absentee voters’ record for Iredell County. It is a 
record that the law requires the chairman of the county board of elections in 
each county to keep. I have kept this record ever since I have been chairman. 
It is open at all times when the other books are open, and I am required to keep 
it. It is open as a matter of law. Now, if a man comes to me and says he will 
probably be absent two years and that his legal residence is here, I register him. 
If the attorneys for the other side want to see it they can see it, but so far as 
taking it away, it is the only record I have, and I do not think, as a matter of 
law, I could allow it to go out of my possession. I will be glad to show it to 
the attorneys any time they want to see it. I talked to these people in Wash¬ 
ington, and we talked over the law, as I understood the law to be and so under¬ 
stand it now. If a person is in Washington City he can not vote in the District 
and he can vote at his legal residence. There are a lot of Congressmen and 
Senators, some who have homes they have bought, and who have lived in Wash¬ 
ington City for 10 years and more, yet the law requires that all persons who are 
elected to the Senate or to the House, that they be residents from the district 
from which they are elected, and from the State. I consider the law to be that 
when a man or woman is in Washington he has a right to vote in Iredell, be he 
Democrat or Republican, provided that was his home when they went up there. 

Q. Now, as to the Absher boys—Vernice and George?—A. They paid their 
poll tax here and consider this their residence, as sworn to by their brother the 
other day. They told me the same thing they told their brother. 

Q. Did you register them?—A. No; they were registered some time before. I 
registered Mrs. Roxie Absher, their mother. I also registered Mrs. Macie 
Absher, wife of George Absher, and Mrs. Lethie Absher, wife of Vernice Absher. 
The Nash family, who voted in ward No. 3, that Mr. R. W. Mills, witness in the 
Campbell hearing, swore concerning—I talked to those people, and they told 
me that they moved from ward 3. We discussed the law, and I think they have 
a perfect legal right to vote here. I understand that Mr. McNeill, who is a 
Republican, votes now in Wilkesboro—a brother of R. W. McNeill, and he has 
lived in Washington City 10 years and is a straight Republican. We have 
never challenged his vote, and I do not think we are entitled to challenge it. 

Cross-examination by Mr. Duwn : 

Q. Does he vote in this district?—A. He votes in Wilkesboro. 

Q. Any other voters there?—A. I registered a number of voters in Wash¬ 
ington. R. A. Scroggs and wife, Edith—I talked to him, and from I under¬ 
stood the law to be, he had the right to vote. ; 


910 


CAMPBELL VS. DOTJGHTON. 


Q. He told yon they considered Iredell their residence?—A. Yes. All these 
people did, and yon know all about it of your own knowledge. Ralph Scroggs 
and I were of the same age. We played together as boys. 

Q. Yon did not register any nonresidents of Iredell County?—A. Not a one. 

Q. They are all people who live here and consider it their residence, and 
their families live here?—A. Yes. 

Q. Anything else?—A. I have the record here of Gail W. Scroggs and his 
l)rother.' Their vote was challenged. I didn’t register them. They were all 
registered and voted in ward 4, city of Statesville. I saw Mr. Gail Scroggs and 
tried to get him to stay here and vote. He went into business for himself, and 
he is now doing contract work. He told me it would be impossible for him to 
be here; and he is in Wilkes County, so he wrote a letter, and J. A. Hartness, 
county chairman, and I witnessed his signature. 

March 28, 1921. 

J. A. Hartness, 

Chairman, N. C. 

Dear Sir; 1 understand that the Repubilcans. or, rather. Dr. Ike Campbell, 
has challenged my vote. Will say that I voted in ward 4, city of Statesville, in 
the last general election. I did not register and vote anywhere else, and was 
working for Roach in construction work at that time and had been for some 
time past. I consider this niy home, and I thought I had a right to vote, and 
still think so. J. W. Scroggs is my brother and is now working in Raleigh. I 
understand that he voted here and his vote challenged. I know he thought he 
had a right to vote or he would not have mailed in his vote. He considers this 
his home. 

G. W. Scroggs. 

Witness: J. G. Lewis. 

I will say that Mr. Scroggs was a school-teacher until sometime the first of 
this year, when he went in other work—insurance business I know these 
Scroggs boys well. There are three of them and they are three of the best 
boys I ever knew in this county. They are as honest as the day is long, and I 
know when J. Wade Scroggs mailed in his vote he mailed one of those white 
certificates to Mr, IMorrow, the register of deeds, and stated to him he did 
not know the name of the registrar and for him to send it to the proper party, 
and that was done. They are members of a very prominent family and good 
conscientious men. They have been reared here in Ii’edell, and they would not 
cast a vote unless they thought they had an absolute right to do so. E. E. 
Tucker, the witness in the Campbell hearing; iMr. T. G. Shuford challenged this 
vote. He voted, as I understand, in ward 4. He, at least, swore he voted. I 
examined every registration book and every poll book in the county and I have 
been unable to locate the name of E. E. Tucker. I had the number I took it 
myself. I checked up this morning, and I had it rechecked to he sure, and 
that man did not vote and was not registered. I will give you the names of 
the Tuckers who did vote. These voted in No. 1 and were registered: T. L. 
Tucker, R. Tuckei-, W. M. Tucker, Mrs. W. M. Tucker. IMrs. T. I.. Tucker, 
and Mrs. R. IM. Tucker. IMrs. R. M. Tucker was registered but did not vote. 
Those are the Tuckers who voted in ward 1, and the only ones. There is an¬ 
other Washington vote in that ward. W. H. Allison, known here as Wade 
Allison. He and his wife Margaret and his son. .1. L. (Lorine) ; they voted, 
and Mr. Allison told me he counted this comity as his home and it always 
would be. C. B. Webb; he voted here—he and his wife Augusta. These peo- 
l)le all told me that Iredell County was their home and they were residing tem- 
jiorarily in Washington city. Mr. Webb is in the Government work. C. B. 
Webb and W. H. Allison in Government service. I notice Pryor E. Hefner 
voted in ward 4, city of Statesville. Mr. Hefner has been voting bere for a 
good while. This is not the first election. He stated to me that he intended to 
vote here as long as he lived. He could not vote in Washington and he con¬ 
sidered this his home. He has voteil in every jirimary and every election for 
the last two or three elections, as I remember. He has voted ever since the 
absentee law went into effect, I think he told me. The registration book will 
show when he registered and wlien he voted. I have examined the records 
thoroughly as to poll tax in Iredell County and I find that there are as many, 
and I think more. Republicans who have not paid their poll tax than Demo¬ 
crats. I think the attorneys on the other side will admit that now. They show 
hy their evidence a less ntimber than we have shown by ours, or will sho^^' 
when we finish ours. 


CAMPBELL VS. DOUGHTON. 


911 


Q. Ion haven’t the ajxgrepite iiuinbers?—A. I have the aggregate iiuinbers 
Dr, Caini)hell elm lien ged. Fifty-eight soldic'rs, who were discharged after 
May 1; there were about 30 who were discharged prior to Mav 1, making 
about 88. 

Q. How many soldiers?—A. Take 88 from 171 makes 83 soldiers. 

Q. For what are they challenged?—A. For the nonpayment of i)oll tax. 

Q. Do you know how many were disqualilied?—A. That is the number—171, 
Counting the soldiers as challenged by Dr. Campbell, we will show in the 
neighborhood of 225, or perhaps 250, that were disqualified. 

Q. M e are speaking of the taxes?—A. Yes. The evidence shows that that 
many had not paid in the sheriff’s office and were residents of Iredell and 
should have made their returns liere and have not made them, and were either 
disqualified for nonpayment of poll tax or nonresidence. You will find that the 
people who have not made their returns—both Democrats and Repul^licans— 
are boys from 25 to 35 who do not own any property. I presume that is so 
ill every county, 

Q. M’hat official position do you hold here with reference to the Democratic 
I’arty?—A. Chairman of the county board of elections of Iredell County. 

Q. And as chairman of the board of elections you are required by law to 
keep an absentee-registration book?—A. I am. 

(}. Have you that book now in court?—A. I have. 

Q. You were subpoenaed to bring that book into court by Dr. Campbell in 
his first hearing. State whether or not you produced it.—A. I could not find 
it at first. I looked for it and found it in the clerk’s office in his safe. There 
is where I kept it. It will not go in my safe—and I wanted to preserve it 
as the law requires me to do. My brother had taken it there and put it in 
the clerk’s safe and I didn’t know where it was. 

Q. Did you accept service on the subpoena?—A. I think I did; yes. 

Q. Did you afterwards hear that suiipoena read into the record here by the 
attorneys for the contestant?-—A. I did. 

Q. Did you at that time hear the attorneys make a demand on you for the 
book?—A. Yes. 

Q. Did you produce it at that time?—A. I produced it on INIonday morning 
of the second hearing. I do not know when that was read in evidence. I 
produced it INIonday of the second hearing. 

Q. Regardless of when it was produced, did you at the time it was demandixl 
produce it in court?—A, I don’t think I did, because I could not find it. Tlie 
book is now exactly as it was then, and has been ever since. It is here in 
court and if you want to see it you can do so. It is exactly as it was when 
this hearing began. There has not been an i dotted nor a t crossed. 

(}. I am not examining you as to that.—A. I now tender it to you. 

Q. At the time we did demand it and at the time you were subpienaed to 
bring it into court, you admit you did not do it?—A. I admit I did not. At 
the time you made that demand you knew that no party got that book. I think 
it was probably the last day of the hearing before you started again, and I told 
the attorneys for Dr. Campbell that the book was in court and to take it and 
look at it. 

Q. At the time we were inquiring into the registration of the absentee vot¬ 
ers you did not produce it?—xV. No; but if you want to inquire into the absen¬ 
tee votes, I have the book with me now; so proceed. 

Q. This is the hearing of the contestee now?—A. Yes Rut both records, I 
presume, will be read in Washington. The same people will read both records. 

(}. Do you know the Teague family that voted absentee?—I do. 

Q. How long had they been living in Washington City?—xV. I don’t know. 

Q. Did you register the Teagues?—A. I did, 

Q. In Washington City?—A. Yes. 

Q. Had any of them paid their poll tax here?—A. I do not know. I don’t 
think they did. 

Q. You stated, Mr. Lewis, that you examined the records thoroughly as to 
how many poll taxes had been paid on both sides, as to Democrats and Re¬ 
publicans?—A. I have, 

Q. Will you state now whether or not there is any Democrat, to your knowl- 
eilge, that has failed to pay poll tax which you have not found, or failed to dis¬ 
qualify?—A. Mr. Dulin, when I was making that investigation I was making it 
as an attorney for Mr. Doughton, and so far as that question is concerned I am 
not at liberty to answer it, and I am not gojng to answer it. You had the same 
books I did. You had them longer than I did, and you Iiad assistance in the 


912 


CAMPBELL VS. DOUGHTON. 


person of Mr. Sharj^e, and if yon want to challeiij^e any Democrat for the non¬ 
payment of poll tax, Mr. Dnlin, I will ask yon to look it up. I don’t intend to 
furnish yon the information. 

Q. According to yonr investigation of the Kepnblicans yon have challenged, 
and the Kei)nhlicans yon will cliallenge from now on, is a clean sweep of the 
job. is it not?—A. I presume so. We have no rebuttal, and if we do not get 
tliem in now they are “gone suckers.” I have been very carefnl to get them. 

Q. Did yon refuse to testify as to the correctness of the amount of disqualified 
Democrats in the comity?—A. I stated the nnmlier that yon yourself fonnd dis- 
qnalified. I wonld not mind rereading the list; 171 according to my connt. 

Q. That is on poll tax?—A. Yes. 

Q. To yonr own knowledge, is that all the disqualified Democrats in the 
comity as to the payment of poll tax?—A. As I stated in the beginning when 
this hearing began, I do not know. As an attorney I examined the records, and 
any information that I derived therefrom I do not consider that I am at liberty 
to disclose it. 

Q. Do yon propose to swear for this record that the information yon gained 
from the sherilf’s office of Iredell County is confidential, and that yon got the 
information for the contestee?—A. The information I derived from the sheriff’s 
office was gotten solely as an attorney for the contestee, Hon. R. L. Donghton, 
and having gotten it that way I do not feel that I am at liberty to give it to yon.' 

Q. Yon testified as to facts pertaining to the records of Iredell County in re¬ 
gard to poll tax for the contestee, and testified as to facts that were against the 
contestant, is that true?—A. I don’t know whether the poll tax business, as I 
testified, is against or for the contestee or contestant, either one, I merely 
stated what the records will show, and I think you can show the same thing. I 
think you will agree with me that what I swear is the truth, 

Q. You testified as to part. Now, I want you to testify as to all?—A. I am not 
going to tell yon whether there are any more Democrats that did not pay that 
yon failed to challenge or not. I .suppose you would like me to give their names, 
ages, and occupation. You do not seem to be able to find it yourself. You have 
had the same opportunity I have had. I will state this: Y"on have not mi.ssed it 
very much. 

Q. Yon stated on direct examination that yon had a conversation with Frank 
H. Whitney in regard to his poll tax. Do yon remember the date?—A. It was 
two or three days ago in front of INIr. Turner’s. I did not want to challenge 
him. I said, “ Mr. Whitney, yon voted in the last election. Stayed there all day 
and voted for Dr. Campbell.” He said, “ Yes.” I said, “ Mr. Donghton did not 
want to challenge a single nuni for the nonpayment of poll tax in Iredell County.” 

I said, “We had an honoi-able, gentlemanly agreement made by what we con¬ 
sidered at that time to be honorable gentlemen, the chairman of the Democratic 
committee and the Republican chairman of the county.” I told him that Dr. 
(Campbell had violated that agreement; that the man who made it had assisted 
him in violating the agreement that he himself had made, and told him we were 
going to be compelled to challenge his vote. I asked him if he had paid his poll 
tax for 1919 and he said he had not. I asked him if he was exempt; he is a man 
that walks with a limp—and he said, “ No; I am not. I never applied to the com¬ 
missioners for exemption.” I told him all right. That happened two or three 
days ago during our hearing. 

Q. Yon say yon vote in No. 1. city of Statesville?—A. Yes. 

Q. AVere you there on election day, November .2, 1920?—A. I was there prac¬ 
tically all day. One trip I made in the country somewhere. The other time I 
was there. 

AVere yon there when the absentee vote was cast?—A. I was. 

Q. All the time it was being cast?—A. Y'es. 

Q. Did yon open the certificates?—A. I did not. 

Q. Did yon hear them read?—A. Yes. 

Q. Do you remember the name of any Repnblicjin vote that was cast as an 
absentee that day?—A. I do not think there was a Republican absentee vote 
cast. There were only 45 who voted in that ward and 519 Democrats. There 
were no absent Republican voters. They all voted that were entitled to vote 
and voted in person, ’ 

Q. What is your profession, Mr. Lewis?—A. I am a practicing attorney. 

Q. AA^hat are the qualifications of a voter?—A. He must be a man 21 years of 
age, and more; he must not be a lunatic. He must not be a felon who has not 
been restored to citizenship; those are the people who can not vote. 


(.CAMPBELL VS. DOUGHTON. 


913 


Q, As* to res’deiice and poll tax—the (inalificatioiis—what are they?—A. In the 
State of North Carolina for two years i)rior to the election in the county six 
months, and in the ward or votin'jc i)recinct four months prior to the election; 
provided, however, that the jierson who moves from one i)recinct, or election 
ward, to another, and who has not been in the one he moved in four months, 
prior to the election, shall he allowed to register and vote in the ward from 
which he removed, 

Q. If I understand yon correctly, if a person would move fi'om an election 
precinct in Iredell Goiinty to an election precinct in Alexander County, and had 
not lived in the election precinct in Ire<lell County four months, lie would then 
he allowed to come hack to Iredell and vote?—A, No; he would not. AVe had 
two persons from Alexander come down to vote in No. 1. John Barkley voted 
the Democratic ticket, and his wife came from W.nston-Salem and voted the 
Kepnhlican ticket. Both cases were identically the same. I talked to Mr. 
Ihirkley myself ahont the (inalitications as to poll tax. The law required iint 1 
it was amended, the constitution required that a per.son, before he was allowed 
to vote should have paid his poll tax for the previous year, or on or before May 
I of the year in wh eh he voted. That is the law, hut the law never compels a 
man to violate an agreement and challenge a vote. If they were not challenged, 
those votes would stand. Mr. Doughton will he the gainer by it; still. I do not 
feel like challenging a man’s vote when I told him myself he had a perfect right 
to vote. 

i}. These registrants that you registered while you were in AA'ashington, 
Mr. Lewis, did you explain to them the lan-essaiy requirements of the law as 
you, have just stated to me?—A. Yes. I did, except as to poll tax. I did not 
name that hecau.se I knew we had a gentlemanly agreement about it. 

Q. As to the.se gentlemanly agreements, you believe in keeping all the agree¬ 
ments you make? Suppose yon had made an agreement with me to murder 
Mr. Turner, and after considering it overnight I decided 1 would hack out, 
would yon c(tnsi(ler me a had fellow?—A. P''or a man to make an agreement to 
murder a man would he a violation of the State law, and of the moral law, 
and I would not enter into such an agreement, and I Iiope, Mr. Dulin, by ask¬ 
ing me that question you do not infer that he must ever have had in ids mind 
tlnit iie would enter into such an agreement with anybody. 

Q. So then if you made an agreement, and afterwards found out it was an 
illegal agreement, you would not carry out the agreement?—A. No. But if 
I had made the agreement with you that was made in re.gard to the poll-tax 
question, which you have seemed to lose sight of, I would keep it. It was not 
made to violate any law, hut was made not to challenge for the nonpayment 
of poll tax, and the law does not recpiire you, nor anybody else, to violate 
that' and challenge anyone. 

Q. You will admit that the election otlicers, holding the election on election 
day, were sworn not to permit anybody to vote except tho.se qualified?—A. 
That is so; and they did it. 

(j. You will admit that if they agreed to permit the law to he violated that 
it is an illegal agreement?—A. I do not agree that an agreement made not to 
challenge a vote is illegal. There is nothing morally wrong in a man voting 
who has not paid his poll tax. If we make an agreement not to challenge a 
man’s vote, and he goes there and is told he may vote, and then have the 
people who made that agreement to assist in the violation of it, I will tell you 
it does not look well in the least. 

Q. AVill you state that it is not a crime to vote if you were disfpialitied?— 
A. If you are disqualitied for certain things, it is. I will tell you one. If 
you went and let a man vote who has been convicted of bigamy, which is a 
felony, and to he aidtHi and assisted h.v the leading Kepnhlican in the com¬ 
munity, h.v the Keimhlican chairman in Iredell Count.v, then the.v have all com¬ 
mitted a violation (K’ the law, and it subjects them to a penalty of not more 
than $1,000 or two years on the roads, in the discretion of the court. That 
was done in Iredell County by your party. That is an absolute violation of 
the law. 

Q. A"ou have not answered my question.—A. I do not know whether fail¬ 
ure to pay poll tax and vote would make a man criminally liable or not. If 
you mean by that question to imply that every man who voted without the 
payment of poll tax was a criminal, if you do as your question implies, then 
you make every soldier in Iredell County who went across the water and fought 



914 


CAMPBELL VS. DOUGHTON. 


for their country a criminal, and it is an outrage for any man to do that, and 
I do not believe the Republican Party will uphold any such transactions. 

Q. It makes no difference what I think about a man being a criminal. It 
is a question of law, and a man could not be a criminal under the law even if 
I thought he was.—A. As I say, if you want to imply by that question that 
every soldier in Iredell County is a criminal, which I have heard a lot of these 
other Republicans say you intended to do, I want all of them to hear your 
questions and my answer, and I think it a shame that Dr. Campl)ell should 
attack those boys’ character in a hearing like this. 

(). You say, Mr. Lewis, that I am making an argument that these boys are 
criminals';—A. Don’t you think your questions would lead a man to believe 
it? You asked me whether a man who voted without paying his poll tax was 
a criminal, and 1 say, eiiqdiatically, “ No.” I know that the law in North 
Carolina and I know that the law as administered by the judges in the Fed¬ 
eral court will never hold one of these soldiers guilty of a violation of the 
iaw. 

(}. How am I to say whether they are guilty of a crime?’ Y^ou have not 
heard of Dr. Campbell, or any of his attorneys, starting any prosecution against 
any soldier'/—A. No; and I never expect to hear of it. In asking the ques¬ 
tions as .vou did no reasonable man could be led to any other inference. 
You asked me did all people who voted without paying poli tax violate the law. 
Can any man violate the law without being a criminal? As a lawyer I say 
they can not, and I do not believe the soldiers are criminals, and I am not 
going on record as saying they are. 1 do not believe the others are criminals. 
I believe every man had a legal right to vote in Iredell County who did not 
pay his poll tax unless he was challenged. 

Q. Do you believe he had a legtil right to vote regardless of other constitu¬ 
tional requirements?—A. I believe when two parties are represented by men 
of high esteem who make an agreement, those agreements should be carried 
out, and the people who do not carry them out, why the good people should 
rise up and force them to carry them out. 

Q. Have you ever seen this written agreement that has been talked of in 
the records'/—A. I know from what Mr. Hartness and Mr. .Sharpe swore that 
it was entered into in writing and given to Mr. Van Hoy to carry to Union 
Grove. He swore he had lost it, if you remember his evidence. I know it 
was enteretl into. I know it was an agreement. It was a statement saying, 

” We have entered into an agreement that no vote will be challenged on the 
day of election for nonpayment of poll tax.” Mr. Hartness and iMr. Sharpe 
both signed that statement. 

(^. Did you see that agreement?—A. I did not. These three men swore they 
made it. 

Q. Do you mean to impeach Mr. John Shari)e’s testimony? Did you see the 
contract?—A. 1 did not. 

Q. ^^'ere you present at the time this other agreement was made?—A. I was 
not. 

Q. You do not know what that agreement was from your own knowledge?— 
A. It was printed in the papers of Iredell County. I would hate to say I did 
not know about the agreement. 

Q. I will ask you if you know the contents of that agreement'/—A. If I knew 
the agreement—the contents were not more than that long. 

Q. You were not present whe the agreement was made between them. You 
do not know the parties to the agreement?—A. I know this much. Since this 
hearing !>. C. Wagner, .lolin M. Sharpe, and practically every other leading 
Republican who went on the witness stand, ]M. P. Alexander, sheriff, and J. A. 
Hartness, clerk, they all swore that the agreement was made before ]May 1, 
1920. While I was not present when this agreement was made neither Vas 

I'present when the President was inaugurated, still I know these things took 

place, and nobody else denies it. 

Q. Your answer is (piite different from my question. I will ask you, as a 
matter of fact, if you know this of your own knowledge?—A. I know Mr. 

Sharpe and Mr. Hartness, the two chairmen made it. 

Q. Do you know this of your own knowledge, being present when it was 
made?—A. I do not. I know it by reputation. Do you mean to deny it was 
made? It can not mean anything else. 


CAMPBELL VS. DOUGHTON. 


915 


Redirect exMiiiinatioii: 

Q. I will jisk you if the absolutely necessary eleiueiit of every criiuiiial 
offense is the intent thereof?—A. Yes; that is so in all, I believe, except ein- 
hezzlinji;, and some exceptions. There are one or two crimes that the intent 
does not have to he shown. 

Q. Then, if the soldiers in the World War were exempted by an act of the 
hoard of county commissioners, and were so informed, and i)ein^? voters of 
Iredell County and elsewhere, voted at the jjeneral election without having paid 
their poll tax, with knowledge of the agreement that they were to pay no tax, 
and were not to he challenged, then there could be no crime on their part?—A. 
I do not think so. 

Q. I will ask you if it was not the general understanding and impression 
of the voters of Iredell Count.v. liaving knowledge of the agreement so often 
spoken of, that they had a right to vote notwithstanding the constitutional re- 
(luirements as to poll tax?—A. Yes. 

Q. As a matter of fact, IMr. Lewis, the judges and officers of the election 
would have had no means of knowing who had paid their poll tax and who 
had not on election day, if they had not been challenged and made aware of it?— 
A. No ; it was understood they were not to he challenged and the election officers 
were notitted. 

Q. I will ask you further, Mr. Lewis, if ]\Ir, Dulin and the leaders of the 
Republican Party did not know this to he as much of a recpiirement of the 
law. and responsible for violating it concerning the payment of poll tax when 
they made that agreement prior to the election as they know about it now?— 
A. Wliy. fprtaiuly. 

Q. Have you ever heard anybocly on the part of the puhhc’s good, public 
morals, oi- public safety question the action of the two parties in Iredell County 
in making this agreement, except Dr. Campbell, the contestant, and his asso¬ 
ciates?—A. Not a single one. I have heard dozens of very partisan Republi¬ 
cans say they would not make an agreement and then grossly violate it. 

Q. Did I understand you to sa.v. Mr. I^ewis, that in ward 1. your precinct, 
that the full strength of the Republicans voted?—A. I think so, I know one 
Republican, the wife of the judge of the election, who refused to register and 
vote. I know one other who refused to vote because her politics was undecided. 
Outside of that, I do not know a one. Only three did not vote in the whole 
ward. Two did not register, and stated they were not going to register. INIrs. 
Colvard, wife of the judge, and one who registered and did not vote. I was 
with the registrar and he sai<l. “ Mr. Colvard, do you want me to go down and 
register your wife? ” And he told him no. 

Q. Were there any Republican absentee votes presented on election day to 
be voted that were refused to be voted by the election officers?—A. There was 
not an absentee vote from the ward. I have canvassed it dozens of times, and 
it voted the strength of both parties, 

Q. IMr. Lewis, have you ever heard any complaint that any Republican voter 
of the county forwarded his vote to the election officers and that it did not turn 
up on election day?—A. No. There is another thing that has been brought out 
ill this as to these absentee certiffcates. They have asked a number of ques- 
|-ions—whether the date from June o was not changed to November 2 on the 
ah.sentee certiffcates in the county. As chairman of the county hoard of elec¬ 
tions before the June primary the State sent me a large number of absentee 
voters’ certiffcates. After that, and before the election, I tried a number of 
times to get some for the general election, and I never got any until just a day 
or two before the election I had some printed myself, before they were sent. I 
redated those certiffcates; they read identically the same, except as to date, 
and right at the last it says “the election which is held June 5, 1920.” It did 
not use the word “ primary.” hut the woi'd “ election.” The other read “ the 
election to he held November 2. 1920.” Outside of that they were the same. 
In sending ont those certiffcates. I scratched out June 5, 1920, before they were 
signed. Wlmn any one would make application I would insert therein “ Novem¬ 
ber 2, 1920.” If I would give them out without making that correction I 
wouhl call it to the man’s attention to whom I gave it and a.sk him to make tlie 
correction, or call it to the voter’s attention so he could make it. That accounts 
for all these votes we had changed. They were given to both parties. The 
•certificates were the same and both parties used the same certiffcates. 


916 


CAMPBELL VS. DOUGHTON. 


Q. Mr. Lewis, they asked you if you w('re not n lawyer, and also asked your 
opinion of the law. Do you know that the constitution makes it a crime not to 
pay your i)oll tax before votinji?—A. I do not think it makes it a crime; no. 

I read the election law, hut 1 do not think it does. I would not he positive. 

Q. You are certain of the fact that it doe.s.not make it a crime when you are 
otherwise disqualitted?—A. The act of voting is not a crime. A man wlio com¬ 
mits a felony, I do not think he woud he entitled to vote. I sliould think if he 
voted it would he a crime. I do not think any other act is. That is my under- 
standinjt. 

M. P. ALEXANDER, sheriff of Iredell County, a witness for the contestee, 
being duly sworn, testilied as follows: 

Direc't examination by Mr. Tukxeh : 

Q. Mr. Alexander, you are sheriff of Iredell County?—A. Yes. 

Q. On Dr. Campbell’s hearing one INIr. E. E. Litt'e swore that you assisted 
him to vote after he told you he was under 21. Did you ask him to vote?—A. 

I did not. 

Q. Did any pf-rson ever tell you tliey ^^'ere disqualified to vote and you voted 
them?—A. Never asked a man to vote when I knew he was under age, and 
never asked one to vote when he told me he w’Us of age. 

If you knew a man was disqualified you would not allow him to vote?— 
A. No, sir; I would not. 

Q. His name was Eugene E. Little?—A. Y^es, 

Cross-examination by INIr. Dultn : 

Q. You were a witness in the first hearing for Dr. Campbell, were you not?— 
A. Yes. 

Q. On examination by Mr. Britt you told Mr. Britt that you would furnish 
for the hearing a certified list of the parties of Iredell who had paid their 
poll tax on or before IMay 1, 1920, for the year 1919.. State whether or not 
you have prepared that list and have it ready now for the hearing?—A. No. 

I did not tell INIr. Britt positively I would make it. I told him I was sick, and 
when I'got to feeling better and could reach it I would make it. The hooks 
have been in the hands of you all and the other side the better part of the time, 
and it would have bet'u impossible for me to have made it. If I could have 
gotten the books long enough. 1 have been sick and physically unable since 
that time to prepare this list. 

(}. You could have had it prepared by some deputy or some other party, could 
j'ou not?—»-A. No. Not if I swore to it being correct. 

Q. Will you yet make a list and .submit it in this hearing before they close?— 
A. I do not think so. I have turned the books over to you, but as for making 
a list I will not have time. The list ! made once I do not know what became 
of it, and I do not feel like 1 ought to be called upon after fuming the books 
ov(‘r to you. More than that, the books now are not mine. They belong to 
the county commissioners. 

Q. Are they in your office?—A. Yes. 

They are in your custody?—A. Some of them are in my office. Some in 
the register of deeds, but they would not have been if you had not been using 
them. They are supposed to be in the register’s office. 

(}. Do you know what records were furnished me for examination?—A. Tlie 
tax books and my daybook. 

(}. I will ask you if y(ni ever allowed me to make an inspection of your day¬ 
book?—A. I offered it to you. 

Ch I 'vill ask you if I did not ask you one afternoon to allow me to inspect 
your daybook and you told me you woidd get it and let me have it, but you 
never did get it?—A. That is the book in which daily entries are made and 
tl'.e book in which I check my cash with the daily entries before making my 
deposits in the afternoon. 

(h Have you not had it up here?—A. I have not. 

(). Will you allow me to have possession of that book for the purpose of 
checking the records?—A. That is INIiss McLelland’s record. The other book 
is my book, and she wanted to keep that book in good shape. 

Q. That hook is kept in your ofiice?—A. Yes. 

(y And the entries made on it are moneys received from the taxpayers of 
Iredell County?—A. Yes. 

(h And there are no private matters kept in that book by either you or your 
deputy?—A. No. 


CAMPBELL VS. DOUGHTON. 


917 


Q. All the matters kept in that book are relative to pnl)lic matters?—A. Yes. 

Q. Xo^^, will yon permit me to have access to thjit book for the purpose of 
checking my records?—A. You can come down to my office and get that iiook 
and inspect it any time you want. 

Q. As much as I want? A. You can compare it with the receipts or look 
up <in.\ name. 'Ihere is no secret aliout the book. The davhook is an exact 
cojiy of that hook. 

Q. You proniise now to allow me to come to your office and use that hook 
any length of time during business hours for the purpose of inspecting any 
name or names, or make a cojiy of same?—A. I certainly do. I would have 
told you that if you had asked me anywhere. There is nothing to hide. 

Redirect examination: 

Q. Mr. Alexaiuler, as a matter of fact, the tax receipts, or stubs, are not in 
your office. Is it not a fact that Coddle Creek has already been sent?—A. Yes. 

Q. Is it not a fact the commissioners on Monday morning are going to send 
out all the stubs?—A. Yes. 

i}. Going to send them out for the purpose of having the tax not already col¬ 
lected collected?—A. Yes. 

Q. Your daybook does not show whether a poll is charged or not?—A. No. 

Q. Both sides have had an equal opportunity to see these hooks, and one side 
has used them about as much, as the other?—A. They have had the same op¬ 
portunity. ]Mr. Dulin knows I went in his office and told him I had the hook 
down there that would he of help to him. I think Mr. Sharpe will remember 
that. He was in there. I told him I was willing for him to take my hooks to 
his office. 

Q. If he had wanted a list he could have made it?—A. I told him I hoped he 
would make it. Had them there for the purpose of making it. 

Recross examination : 

Q. I did make a list, sheriff, hut the list I made you have never certified 
that it was correct. Will you certify that my list is correct?—A. I could not 
do that without checking it with the hooks. Ordinarily I would have done it, 
hut you left the list of Eagle Mills, and, as I remember, 21 names could not 
he found where they had paid their poll tax. Y^ou wanted me to check it, 
and in checking it with liiy hook and with the tax hooks, as I recall, 19 had 
j)aid their tax before May 1, one of them being a one-armed man exempt by 
the county and the other being a soldier in France, to the best of my recollection. 

Q. Isn’t it a little stranye ihat I would tind upon the records .n your office that 
parties voting n the townsh'p to the number of 21 had failed to pay their poll 
tax on or before May 1, 1920, for the year 1919, and that in the same list you 
found from your records that 19 of the names which I had checked as having 
failed to pay had pa d?—A. It (erta nly is, Mr. Dulin. 

Can you account for it?—A. I (*an not. I recollect you came in and said, 
“ I do not understand that.” I know I was not drunk and do not th nk I was 
asleep, and I said, “We will take it for granted suppose I was crooked and low 
down ( nough to try to change a name or date. I turn over the records here 
and stamp one with a rubber stamp, that is the stub of the tax receipt. Here is 
another, and anoGier on the ledger, and still another on the cash book.” I says, 
“ (iould I have changed the dates on those things without it being discovered, 
taking it for granted I was low down enough to do it.” and you said, “ No.” 

(}. There was a list made iq) in your office to insert in Mr. Houghton’s evi¬ 
dence. Do you know anything about that list, or who made it up?—A. I do 

not.. 

Q. Did (2)1. AVatts have the books in your office for the purpose of getting this 
information?—A. He has not had a single book out of my office s nee this con¬ 
test has begun. I do not recall he ever mentioned this contest. He was in my 
office some. 

(i. I will ask you 'f he was not back in tbe little office working on some kind 
of papers and books?—A. He might leave been for a few minutes. 

(i. Do you know whether he d d make a list from your records?—A. He did not. 

Q. You know he did not?—A. I do. 

(}. But if anybody had made a list would you have known It?— A. I stated 

a moment ago that no one had made a list that I knew of. and I think I would 

have known it if they had. 


918 


CAMPBELL VS. DOUGHTON. 


rect exaniiiiution : 

Q. 11' a list liad been made the pei’soii who made it S))eiit so little time in your 
otlice that yon never not eed it?—A. Col. Watt's hadn’t been in there over 10 or l.V 
minutes a day. 

Q. Sheriff, as sheriff of Iredell County, and having had the custody of the tax 
hook.s. and lookinj.^ over them, and knowinjr ihe votei's as you do n Iredell County, 
in your oj)inion which pjirty has the j^reater number of voters that have not paid 
their ])oll tax and voted?—A. The Kepul)lican. 

(}. You th nk there are more Kepuhlicaiis who did not pay their jx)!! tax than 
Demcorats?—A. Yes; I lold IMr. Hartness tliat. I said, “You do as you like, 
hut we will lose votes.” I have had a deputy in every townshij). 

Q. You had Statesville worked by dei)uty sheriffs and other people, too, p;et- 
tin.a: the money of Democrats? 

(No answer.) 

Itecross examination : 

(}. Did you instruct the deputies in tliese various precincts to i)ay up the 
Repuhl can’s polls?—A. No; I left that to them. I wouhl hear of them later. 

Q. You would hear of them after the election?—A. Human natuiv, Mr. Dulin, 
I left that to IMr.Wa^ner. Mr. Shan)e, and IMr. xVdams. 

Q. In other words, you instructed your deput es to make themselves a little 
scarce around the Kepuhlieans that had not i)aid theii- poll tax?—A. No; don’t 
put that on me. 

Q. Put you know, as a matter of fact, your de])ut'es d'd not go to their 
I)laces? Didn’t make any special effort to collect their poll tax?—A. There is a 
difference in thrff and avoid. They d d not avoid. They went for the D'anocratic 
poll tax .iust like IMr. Shar])e. Mr. Adams, and jMr. Wagner goes after the Re¬ 
publicans each year before the 1st of May. 

Q. They are sworn officers in your office?—A. Yes. 

Q. And it 's the'r duty to collect the taxes from every one and all alike?—A, 
They did. 

Q. As a matter of fact, is it not their duty to go out at that fine to col¬ 
lect taxes from anybody?—A. They are not supjiosed to collect taxes until I am 
through with them. 

Q. As a matter of fact, taxpayers are supposed to come in your office and pay 
their taxes?—A. Yes. 

D. Just Iiefore the 1st day of May you send out deputies or other people to 
c<dlect the Democratic taxes?—A. Yes. Did you ever see Mr. Wagner and Mr. 
Sharpe go out and hunt Democratic tax receijits? I have known them to bring 
folks in before the 1st of IMay. It got to he a .ioke. 

(). D d you ever know them to bring in any Democrats?—A. No. 

Q. I believe you heard Dir. Shar)>e say he paid five or six Repuhlicans’s taxe.s 
in Iredell this year, did you not?—A, I am not positA’e. 

(f As a matter of fact, he and Mr. Wagner d d pay taxes?—A. Mr. Wagner. I 
remember, ])aid some, and then Mr. Shame would come in and look after the 
Reimhlican taxes. Mr. Wagner would look aftei* it closely. He had paid more 
than Mr. Sharjie. 

Q. Mr. Wagner and IMr. Shar]ie are private ci'izens?—A. Yes. 

Q. There is no duty devolvhig on them to collect taxes from anybody?—A. 

There was none on my deputies at that time. That was a private affair. I had 

other folks do'ng the same thing. I th'nk I got my fr'end. Mr. Lewis, to see 

different people. I got them to go as private citizens and collect the Democrats 
)>olls. The tax hooks were in my hands. They were not supposed to collect 
Republican taxes. They did not have to collect taxes any time. 

Q. About how many ])eople jiaid their taxes to pr'vate citizens 'n the Deino- 
crat’c thirty? You stated IMr. Lewis collected a number of jiolls of private citi¬ 
zens. He was your dejmty?—A. No. 

Q. About liow many do you suppose he collected in that way?—A. Four or five; 
two or three. 

Q. You had quite a number collecting in the same way?—A. not quite a num¬ 
ber. I had a few—a half a dozen. 

Q. Did they probably collect a like amount?—A. I would not say. 

Q. Have you ever garnisheed anybody for their taxes for 1010?-^A. I guess I 
did. 

Q. Have you those lists now in your office?—A. No; when I garnisheed a 
man and got his taxes, that ended it. 


CAMPBELL VS. DOUGHTON. 


919 


Q. Did you ^caruislioe anybody for their 1919 poll tax after May 1 1920?—A. 
I imafj:ine I did. I do n(»t recollect. What I have left on the tax books I get it 
any way I can. Garnishee it if I can not do otherwise. 

ben you garn shee peo[)le, what process do you use. Ho\^' do you go 
al)OUt it?—A I get garnishee papers and expla n to them what it is for.* 

Q. Do you put the i>apers in the hands of the inanagei's of the concerns where 
they work?—A. Yes. I tii-st st'iid them two or three notice's. 

Q. Do ymi remember furnishing a list to the Statesville furniture factory 
for the officers of that concern to collect?—A. I do not remembei’ whether I 
did that particular year. T have done it. 

Q. Did you get that data in your office?—A. No, s r. I do not keep any 
record. 

Q. Do you remember now of any concerns in Iredell tbat you furnished lists 
for in i-egard to the payment of their taxes for 1919?—A. I (io not. 

(}. And you have no records of such list, if you did furnish them? No way 
to ascerta'u the names so furnished?—A. I think not. T get the rece pt out 
of tl;e book and stamp it paid. That ends it. 

Q. All parties that are liable for poll tax in Irededl (’'ountv are by no means 
on your books?—A. No. 

Q. There is a goodly number over the county that failed to make any return 
in 1919?—A. Some there yet. A good many farmers that I catcli during the 
year. 


L. P. .IORDAN, witness for the contestee, being duly sworn, testified as fol¬ 
lows : 

Direct exam’nation by iNIr. Lewis: 

Q. Your name is L. P. .Iordan?—A. Yes. 

(L Did you vote in the election on November 2, 1920?—A. Yes. 

Where did you vote?—A. Here at the courthouse; ward 8, city of States 

ville. 

Q. How did you vote? Straight Republican feket?—A. \"es. 

Q. And for Dr. Campbell?—A. Y^es. 

Q. What is your age?—A. Thirty-six, I think. 

Q. Did you pay your poll tax prior to May 1, 1920, for 1919?—A. No. 

Cross-examination by Mr. Dtuun : 

Q. Were ytni exempt for any reason, Mr. .Iordan?—A. No. 

(.1. A. Stewart, commissioner of testimony, adjourned the hear ng of this 
contc'^t between .lames 1. Campbell, contestant, and R. L. IX)ughton. contestee, 
until Monda.v, April 4, 1921, at 10 o’clock a m.) 

Hearing was resumed on Monday, April 4, 1921, in the case of .lames I. Camp¬ 
bell, contestant, r. R. L. Doughton, contestee. 

Present on behalf of contestant. P. P. Dulin and INIonroe Adams, attorneys. 
Present on behalf of the contestee, Lewis & Lewis, Long & .Turney, and W. D. 
Turner. 

Mrs W. A. ELIASON, witness for the contestee, being duly sworn, testified' 
as follows: 

Direct examination by Mr. Lewis: 

Q. iNIrs. ETason, where do you live?—A. In ward 2, city <if Statesvalle. 

(>. At the election, d'd a lady by the name of Mrs. Caldwell live at your 
home?—A. Yes: ]Mrs. Winifred Caldwell. 

(J. Did she vote in the general election on November 2. 1920?—A. Y^es. 

(}. This is the lady whose vote was challenged by the witness .1. A W. Bark¬ 
ley?—A. Yes. 

(>. IVas ]Mi-s. Caldwell a resident of the State of North Carolin-a two years 
prior to the elect'on on November 2, 1920?—A. She was. 

(}. Was she a i-esident of Iredell County six months prior to the election in 
1920?—A. She lived here the year before. She was down in Georgia for awhile. 

(). I\’as her legal residence here?^—A. She had her goods packed in my bouse, 
and my rooms were kei)t for her. 

Q. What was she doing in the State of Georgia?—A. There for her health. 
Had an oi>eration and was there temimrarily. 

Q. Was she a resident for four mouths in the precinct or ward in which she 
voted, i)recinct No. 2?—A. She came back in August. 


920 


CAMPBELL VS. DOUGHTON. 


Q. Mrs. Eliason, was this her home all the time?—A. That 's what I under¬ 
stood. 

Q. How loii^ had she been a resident of North Carolina?—A. Ever since she 
married. I suppose 25 years. She has a daujjhter of aj?e. 

Q. How old a lady is Mrs. Caldwell?—A. Must be about 60. 

Cross examination by Mr. .Aoams : 

Q. What disposition were you making of the goods she had packed in your 
house, if any, to take cai-e of them until she returned? 

Q. Wliere does she live now?—A. She lives on Kelly Street, in town. Slie 
was not strong enough to go up stairs and they got in a hou.se with rooms on the 
first floor. Her daughter came back to go to school. 

Redirect examination ; 

Q. She came back to complete her course?—A. That is what she has been 
trying to do for three years. 

Recro.ss examination : 

Q. How old is her daughter?^—A. About 23. 

Q. Do you know whether she voted or not?—A. Yes. 

Q. Where did she vote?—A. She voted where her mother did. She came 
back with her mother. 

Q. They l)oth came back before the election?—\. Yes. 

Q. What is her daughter’s name?—A. Jean Caldwell. 

T. R. K]<]RR, witness for rhe contestee. being duly sworn, testified as follows: 

Direct examination by iMr. Lewis: 

<}. Mr. Kerr, do you km)w J. K. Carrigan?—A. Yes. 

Q. What akin is he to you?—A. My stepfather. 

Q. He was challenged by the witness, .T. A. W, Barkley?—A. Yes. 

O. AVhere did be vote in the last election?—A. He voted hen- in Statesville. 

Q. No. 2?—A. Yes. 

Q. About how old a man is Mr. Kerr?—A. Sixty-five or sixty-six, I would 
think. 

O. How long has he been a resident of Statesville?—A. Nearly 32 years. 

Q. And of that ward?—A. Yes. 

(X He has always voted in ward 2?—A. That is where he always voted. 

Q. His legal residence has been in Statesville for 32 years?—A. Yes. 

Q. He is a man more than 21 ?—A. Yes. 

Cross-examination by IMr. Dltlin : 

Q. Did he live in ward 4 four months prior to the election?—A. I just can not 
tell you about that, 

Q. Had he been living away from here?—A. I know this is his home. He con- 
si(lers it his home. 1 don’t know how long he was out of the ward. 

Q. Where was he?—A. He was at my house part of the time, and boarding at 
a boarding house a while. 

Q. Is his wife living?—A. No. 

Q, How long had be lived at your house?—A. He was there something like 
three months. He considered my house his home in Statesville, 

Q. You live in ward 3?—A. Yes. 

Q. And be had been living in ward 2 four months preceding the election, had 
he?—A. I can not say. T didn’t pay much attention to it. 

Q. Yon do not know whether he is a legal voter or not?—A. I do not. 

Redirect examination : 

Q. iNlr. Kerr, I believe you told me that Mr. Carrigan came to your home up 
until the election, and he considered ward 2 as home?—A. Yes. 

Q. Pie was then a legal voter?—A. Yes. 

Reci'oss-examination: 

Q. You are aware of the fact that a person is required to live in a ward four 
months prior to the election in order to vote?—A. I think so. 

Q. Y"ou do not know whether he had lived in the ward four months prior to 
the election?—A. I can not say. 

Q, That being the case, you do not know whether he is a legal voter or not?— 
A. I do not know when Mr. Carrigan left. I know he has always voted there 
and considers this his home. 


C’AMPBELL VS. DOUGHTON. 


921 


Redirect examination: 

‘‘1«<> f'vare of 

n ‘!i • ^1 '! away and still consider this his home?—A. Yes. He 

calls this his home. After the election lie come to my house. 


Recross examination ; 

Q. ^^ as it after the election he went to your house?—A. I think it was. 

Q. Are you certain about it?—A. Yes; he has been at my house since the elec¬ 
tion se\ei al times, and had lived there some. Came every few nights. 


W. C. 
follows: 


IMILLS, witness for the contestee, heins? duly sworn, testified as 


Direct examination by IMr. Lewis: 

]\ir. Mills, the witness, R, \y. IMills. swm'o that your wife voted as an 
absentee voter, and was wed and able to lie at the eleciion. I>id she vote as an 
absentee voter?—A. No; she did not. 

Q. Did she come iii) and vote in ]»erson?—A. Yes. 

Q. Explain how this was?—A. She was not able to come and they P’ot an 
absentee vole and broiifjht it here. Then the.v jiot into a squabble about it. and 
•she heard of it and come and voted. 

Q. I will ask you whether the Republicans did not there and .iret an ab¬ 
sentee vote?—A. Yes. 

Q. And your wife tore them both up and came up and voted in person?—A. 
Yes. 

Q. The Republicans thoujiht she was sick and made an affidavit that she was 
and brou;i:ht up her absentee vote?—A. Yes. 

Q. She was sick and unable to come?—A. Yes. 

Q. I believe you say it cost you a doctor’s bill for her to come and vote. She 
Is a straight Democrat?—A. Yes. 

Q. How did the Republicans manage to get that vote?—A. She had told me 
she was not going to vote, and they went over there and got her to sign it, 
and when she found out what they had done she tore both up and voted the 
Democratic ticket. 

Cro.ss-examination by Mr. Dt'lin : 

Q. And after she had torn these absentee certificates up she did not authorize 
anybody to cast an absentee vote for her. did she?—A. No. 

Q. And if there was one cast for her in ward 3 it was a fraudulent vote?— 
A. They were both torn up. 

Q. She voted in the name of Mrs. W. C. Mills when she voted in person?— 
A. Yes. 

Q. Did anybody report to you on election da.v that the Democrats were 
voting your wife as a Democratic absentee?—A. No. 

Redirect examination : 

Q. What is her given name?—A. Atha Mills. 


M. E. CRANFIELD. witness for the contestee, being duly sworn, testified 
as follows: 

Direct examination by Mi*. Lewis : 

Q. Your name is jNT. E. Cranfield?—A. Yes. 

Q. Your given name is Marshall?—A. Yes. 

Q. Where did you vote?—A. I voted in ward 1, city of Statesville. 

Q. Had you lived in the State two years prior to the election?—A. Have lived 
here all my life. 

Q. In the county six months prior to the election?—A. l"es. 

Q. And the ward four months?—A. Yes. 

Q. Y"ou are 21?—A. I'es. 

Q. Your vote was challenged by the witness T. D. Shuford. l^ou were a 
legal qualified voter, and you voted in person?—A. l’'es. 

Q. Did you pay your poll tax before May 1, 1920?—A. Y'es; I paid it April 
16, 1920. I have the receipt. 

Cross-examination by Mr. Di’lin : 

Q. What tax was that for—what year?—A. 1919. 

Q. Have you lived out of ward 1 at any time?—A. I never lived in it until 
two years ago, I lived in the country until then. 


922 


CAMPBELL VS. DOUGHTON. 


Q. AVhat do you do now?—A. I drive a truck for Mr. Alexander’s grocery 
store. 

Q. PTad you been living in the ward four months prior to the election?—A. 
Yes; I had been making that my home. 

Q. Did you actually live there—eat and sleep there?—A. I had been away 
at different places at work; that was my home. 

Q. Where did you live before this?—A. South Carolina; I was working 
there at the election. 

Q. How long had you been there?—A. I don’t know; I only stayed there six 
weeks. 

Q. You did go and stay six weeks?—A. l^es. 

(>. Wlio were you work im for*?—A. J. A. David.son. 

Q. Are you married?—A. No. 

Redirect examination: 

Q. Y^ou left vour clothes here, and that has been your home all the time?— 
A. Yes. 

R. R. CLOPRi, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Lewis : 

Q. IMr. Cloer, have you a son by the name of E. L. Cloer?—A. Yes. 

Q. He voted in ward 1?—A. I sipipose so. 

Q. Did he have a house in wai'd 1 rented?—A. Yes. 

Q. When did he give up that house?—A. Thanksgiving day, the 29th day of 
November, 1920. 

Q. That was his home until Thanksgiving day?—A. I suppose so; he was 
aiming to come back, but didn’t come. 

Q. He bas been to your bouse since that time?—A. Y^es. 

Q. He claimed this as his liome until Thanksgiving?—A. Y^'es. 

Q. He was a legal qualified voter in ward 1 ; he is 21. and been a resident 
of the State for two years, the county six months, and the ward four months 
prior to the election?—A. Y"es. 

Cross-examination by IMr. Dulin : 

Q. Where does he live now?—A. Y'adkin. 

Q. When did he move last year?—A. I don’t know. He went to Kannapolis 
and then somewhere else; I don’t remember just what time; he kept a house 
here and thought he would come back. 

Q. Do you know when he moved to Y’adkin?—A. He moved there last fall 
sometime. 

Q. Did he move to Y^adkin before the election?—A. Y^es. 

(>. Yadkin County?—A. No; Yadkin. 

O. Whal comity is tli;>t in?—A. Ro^van. 

Q. He has never lived in the ward since he moved t.o Kannapolis and Y^ad- 
kin?—A. No; he has not moved back. 

Q. What is lie doing?—A. Working at tlie carpenter’s trade. 

O. Is that h’*s pi'ofession?—A. Y"es. 

Q. Is he married?—A. YVs. 

O. Is his wife nnd faniMy with him?—A. Y>s. 

Q. What is his wife's name?—A. Ina is her given name. She was a Camp¬ 
bell. 

Q. I>id she vote?—A. No. 

Redirect examination : 

Q. Uii until Tlianksgiving your .son claimed this as his home and intended 
to come back?—A. Y>s; be kept a house rented, and he intended to come back 
here. He kept the house so he could come back. 

Q. He was ju.st away temporarily up until that time?—A. Yes. 

R. L. SHUMAKPIR, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr, Lewis : 

Q. Mr. Shumaker, in what voting precinct in Iredell County do you live‘s— 
A. New Hope. 

Q. Were you registrar in New Hope Township at the last election?—A. Yes. 


(CAMPBELL VS. DOUGHTON. 


923 


Q. As such re.i^istrar you were present on the day of election and helped hold 
the same as an elecfon officer?—A. Yes. 

(}. (^ne Mr. S. J. Sloan, please explain for the henetit of the record the man¬ 
ner in which he was registered. Did he come to yon and register; if so, 
when?—A. He said he wanted to register. T qnalitied him, took IPs age. etc. 
It was understood I would put it on the hook when I got home. I was at his 
place, and when I went home I forgot to put his name on the book. 

Q. He was registered, then?—A. That is the way it was. 

Q. Do you know J. W. Conly?—A. Yes. 

Q. D'd he vote in the last genei’al election?—A. Yes. 

(}. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campl)ell?—A. l^es. 

i}. Was he between the ages of 21 and .50 on May 1, 1919?—A. Yes. 

Q. Do you know what age b.e gave you when he registered?—A. Y'es. 

Q. Where did he live during the year 1919?—A. I don't know that I know. 

(}. Was it Alexander County?—A. I suppose .so. 

Q. Do you know L. E. .Iordan?—A. Yes. 

Q. Did he vote at the last general election?—A. Ye.s. 

Q. How did he vote?—A. Republican ticket. 

(}. And for Dr. Campbell?—A. Yes. 

(>. Do yon know Gdpen McDaniel?—A. Yes. 

Q. Did he vote in the last general election?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Y"es. 

Q. Do you know .Tohn T. IMarlow?—A. Ye.s. 

Q. D’d he vote in the last general election at New Hope?—A. Yes. 

(^. How did be vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know W. M. Moore?—A. Yes. 

Q. I>id he vote in the last general election?—A. Yes. 

Q. How did he vote?—A. Rei)ub]ican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Do you know Rufus Shumaker?—A. Yes. 

Q. Did he vote in New Ho))e at the last general election?—A. Yes. 

Q. How did he vote?—A. Repul)lican ticket. 

Q. And for Dr. Cami)bell?—A. Yes. 

Q. Do you know G. D. Speeks?—A. Y"es. 

Q. Did he vote in the last general election?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Y"es. 

Q. Do you know W. F. Snow?— A. Yes. 

Q. Did he vote in the last general election?—A. Yes. 

(}. How did he vote?—A. Republican ticket. 

(>. And for Dr. Campbell?—A. Yes. 

Q. Do you km)w (\ A. Vickes?—A. Yes. 

Q. Did he vote in the last genei’a! election?—A. Yes. 

(]. How did be vote?—A. Republican ticket. 

0. And for Dr. Camid)eH?—A. Yes. 

Q. Now, Mr. Shumaker, the names of these i)ersons I have called, begTinbig 
w'th L. E. Jordan and ending with C. A. Vickes: you were registrar there 
and saw the registration book as to their age and. knowing the men, were they 
between tbe ages of 21 and 50 on May 1, 1919?—A. They swore they were. 

Q. Accoi’ding to the age they gave you they were?—A. Yes. 

Q. Were they all residents of Ii-e^lell County on May 1, 1919. with the ex¬ 
ception of W. Snow and C. A. Vickes?—So far as I know, they were. 

Q. Where did Mr. Snow come from?—A. W Ikes County. 

• (}. Where did Mr. Vickes come from?—A. I don’t know. 

Q. Do you know R. S. Turner?—A. Yes. 

(}. Did he vote in the last general ele(*fon?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

(.). And for Dr. (’amj)bell?—A. Y>s. 

(i. Was he between the ag(‘s of 21 and 50 on May 1. 1919?—A. Yes. 

(J. MTiere was his residence on iNIa.v 1, 1919? New Hope?—A. I don’t know. 
He ni'ght have heen 'n the Army. 

Q. You do not know whether he was a soldier?—A. No. 

Q. His residence was Iredell County?—A. Yes; if he had been at home. 
He watS probably a soldier. 


924 


CAMPBELL VS. DOUGHTON. 


Q. r)o you know J. S. Kediuoii?—A. Yes. 

i). Did lie vote in the last seiieral election?—A. Yes. 

(}. How did he vote?—A. Itepuhlican ticket. 

Q. And for Dr. C'ainiihell?—A. Yes. 

Q. Do yon know L. Ti. Dishinan?—A. Yes. 

Q. Did he vote in the last ^reneral election?—A. Yes. 

Q. How did he vote?—A. Kejuihl’can t cket. 

Q. And for Dr. Cainjihell?—A. I think he did. He voted a straight ticket. 

(}. INIr. Kednion and INIr. Dishinan were soldiers?—A. Yes. 

Q. Yon do not know the date of their discharges?—A. No. 

(}. Do yon know Roan Dison?—A. Yes. 

<}. Did he vote in the last general election?—A. Yes. 

Q. How did he vote?—A. Iteimhl'can t cket. 

Q. And for Dr. Cainphell?—A. Y^es. 

Q. He was a soldier, too?—A. Yes. 

Q. Do yon know Hoyt IMillsaps?—A. Yes. 

Q. Did he vote in the last general election?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Caiipihell?—A. Y>s. 

Q. Do yon know Orahain Shaver?—A. Yes. 

Q. Did he vote in the last general election?—A. Yes. 

Q. How (I d he vote?—A. Reimhlican fcket. 

Q. And for Dr. Campbell ?—A. Yes. 

Q. IMr. M ils, IMr. D.'son, Mr. IMillsaps. and IMr. Shaver were s(^l liers, were 
they not?—A. Y^es. 

Q. Do yon know T. (i. Speeks?—A. Y^'es. 

(h Did he vote in the last general election?—A. Y>s. 

Q. How did he vote?—A. Reimhlican ticket. 

Q. And for Dr. (’ainphell?—A. Y"es. 

Q. Was he a sold er?—A. Y’'es. 

Q. Do yon know Felix L. Williams?—A. Yes. 

Q. Did he vote 'n the last general election?—A. Y>s. 

Q. How did he vote?—A. Repiihlican ticket. 

Q. And for Dr. Cahipbell?—A. Y"es. 

Q. Were they both soldiers?—A. Y"es. 

(}. Now, these names I have called over, beginning with the name of J. S. 
Redmon and ending with the name of Felix L. W.lliams—were they between 
the ages of 21 and oO on May 1, 1919?—A. Y>s. 

Q. Yon know these peojde and know the ages they registered?—A. Y"es. 

Q. Where was the r residence on IMay 1, 1919? Where should they have 
made the r re'nrn, if they made any?—A. New Hope, Iredell (^onnty. 

(}. YYm do not know when they'were discharged?—A. No. 

Cross-examination by iMr. Dflin : ^ 

(h Ybui sav yon were tluue continnonsly all during the dav of the election?—A. 
Yes. 

Q. What posit On with reference to the ballot box did yon occupy?—A. I 
was registrar. 

(}. Were yon at one ballot box?—A. Yes. 

Q. Which box were yon nearest to?—A. I wiis about the middle. I was on 
one side. 

Q. D.d you observe the ballots cast by all the voters down there that dav?—A. 
Yes. 

Q. And yon know how each one voted?—A. I (hm’t know that I could remem¬ 
ber every man. 

(}. Were yon in a position to see the ballots as they were i)nt in the box?—A. 
Yes. 

(}. Were yon in position to see what was on the ballot at the time it was put 
in?—A. I could se^‘ what headed the ticket. 

(h What yon are test fying to is s'mi)ly that these people are reputed Re¬ 
publicans?—A. They are Republicans, and I could see the ballot as they went in. 

Q. Was the name on the ticket turned toward yon or the voter?—A. Some- 
fine one way and sometime the other. There is no doubt. A fellow who was in 
doubt (*onld look at it. 

Q. Did yon look at those yon were doubtful about?—A. If I wanted to see-1 
I did. 


CAMPBELL VS. DOUGHTON. 925 

Q. F) (1 yon look at those particular ballots of the ])eople yon have testified to 
here to see how they voted?—A. I suppose I seen them all; yes. 

Q. Yon suppose yon d d?—A. I did. 

Q. Do yon swear yon saw how each one voted from one end to the other?—A. 

1 would not swear thaC 

Q. As to' J. W. Conly, you state he was fi’om Alexander County. Do you 
know when he moved into Iredell?—A. I do not. 

Q. Was he registered?—A. Yes. 

Q. Did you Mi)ply the oath?—A. I don’t rememher wherher 1 did or not. IM.v 
recollection s I did. 

D- As lo tlie ages of these particular persons. You are relying solely on your 
records for that, are you?—A. Y'es. 

Q. At the time you I'egistered these people they were 121; is that correct?—A. 
Y es. 

Q. Did any of them give you their ages as 21 at the time they did register?— 
A. Yes; and above 21. 

Q. Did any of them give you the age of 21 when you registered them?—A. 1 
don't I'ememher. 

(}. Did any of them give you their age as 50 at the fine you regi.stered them?— 
A. I could not say. I (jt)uld tell by looking at the hook. 

Q. Yhm do not know of your own knowledge, then, or even by the records that 
you are testifying to, whether they were over 21 at the return time for 1919?—A 
1 suppose f 1 had any doubt about it I swore them, and they swore they were, 
and I put it down. 

Q. You were not swearing as to whether they were 21 in May. You were 
swearing as to whether they wei-e 21 at the tme you registered them?—A. Yes; 
that is right. 

Q. Y^ou testified here that these people were 21 at return time in May, 1919. 
Do you mean to swear that?—A. I could uot say as to that. I didn’t mean to if 
I said that. I nf ght have been wrong. The pi- ncipal part of these parties 1 do 
know they were, because I know their ages, but I could not tell as to all. 

Q. Qu te a goodly number might have been less than 21 at return time in 
1919. In order to make a man liable for poll tax he must have been 21 on May 
1, 1919.—A. Mr. Conly might not have been old enough. I believe the other 
parties were. 

(2. You would not swear as to whether they were or not?—A. J. Conly, I 
am not sure about. L. E. Jordan was old enough. Gilpen McDaniel, John P. 
Morrow, W. M. More, Rufus Shumaker. Garland Speeks were all over 21. 
W. F. Snow. C. A. Vickes, L. L. I)ishman, Roan Dison are over 21. I am not 
sure* about Hoyt IMillsaps. F. G. Speeks was 21. Felix L. Williams and J. S. 
Redmon were over 21. 

(L As to the names you have called, as to the ages of 50, do yon know that 
none <d‘ these part.es were not past 50 at the return time in 1919?—A. I do not 
know. 

Q. Some of the names yon have testified to could have been 50 or more at re¬ 
turn time in 1919?—A. Mr. Vickes and IMr. Snow aiul Mr. Marlow could have 
been. 

Q. You do know all these parties lived and are now living in your township?— 
A. Mr. Conly is not. 

Q. As to these others, they could have come here and testified as to their ages 
and the r (pialifications*''—A. Yes. 

i}. And as to how they voted‘2—A. Yes. 

Re<lirect examination ; 

Q. As a matter of fact, summons was issued and served on some of these 
parties?—A. W. F. Snow, and he d.d not come. 

Q. Don’t you know it is a fact that these Repul)licans will not come when 
they are summoned? A number have been summoned.—A. I know Mr. Snow 
did n(»t come. Saw him going some other way after he was summoned to he here 

this morning. , ^ 

Q. You and myself went in and looked at the poll book as to the age of Air. 
Snow. I will ask you when he made his tax return for the year 1920 if he did 
not give in his age at 49?—A. I can not rememher as to what it was. 

Q. Mr. Conly was 26, was he not?—A. The record will show. 

Q. The age of G. D. Speeks as given by his father was what?—A. He was 21 
December 10, 1918. 


926 


CAMPBELL VS. DOUGHTON. 


Q, I will ask you this : All the persons who thoujjht they were on the border 
line, they could he too yoiiiif' or too old, according? to the ajje, and so we in- 
vestijrated those names—Mr. Snow, Mr. Vickes, and Mr. Speeks?—A. Yes. 

Q. You iiivestif^ated that?—A. No; I didn’t investijjate. I said, “Yes.” 
I did as to Speeks, hut did not as to Vickes. 

Q. You investij^ated that hy the scroll hook for 1920, did you not?—A. It is 
the scroll hook for New Hoi)e Township for 1920. 

Q. W. F. Snow, this hook shows that at the time he gave it in this year he 
was oO and made a poll-tax return, and it is charged a poll?—A. Yes. 

Q. Is that so?—A. Yes. 

Q. So you did investigate the ages of INIr. Snow and IMr. Vickes?—A. Yes. 

(Contestant objects to the .scroll being oifered in evidence, and demands tliat 
the original record, or list returned sworn to and signed hy the |)arty making it, 
be produced as evidence instead of the scroll.) 

Q. I will ask you further if the scroll does not show that Vickes made a 
poll-tax return for 1920?—A. Yes. 

Q. So you investigated that before to-day?—A. Yes; we looked at the book. 

Q. Those three names, ]\Ir. Speeks. Mi-. Snow, and INIr, Vickes were the three 
persons that have been challenged who were on the border line?—A. Yes. 

Q. The others, according to the ages they gave you, find what registration 
books showed about them, and what you know about them, were about 21 on 
the l.st day of May, 1919?—A. Yes. 

Cros.s-examination by Mr. An.\]\rs : 

Q. I will ask you to look again and see if that is not a scroll for 1920, and 
has nothing to do with the takes of 1919?—A. Yes. 

Q. You do not mean to swear that all the people in your township that are 
Eable for poll tax for 1920, would be liable for i>oll tax for 1919?—A. I do not. 

Q. As to these peoiile you testified to. You do not mean to say because they 
were liable in 1920 they were liable in 1919?—A. Not all. I told you the men 
we could put on the border line. 

Q. And people could l)e exempt in 1919 that were not in 1920?—A. Could 
have been. 

Redirect examination : 

Q. In other words, if the .scroll showed he was 49 in 1920, in 1919 he would 
have been 48 a year ago?—A. Yes. 

Recross-examinat’.on: 

Q. That would de]iend on the month he was born as to whether he was liable 
at listing time?—A, Yes. 

Redirect examination: 

Q. If he was liable for a poll tax in 1920, he would be liable in 1919 unle.ss 
he was exempt?—A. Yes. 

Miss M(T.ELLANI), deputy sheriff, recalled for contestee, testihed as fol¬ 
lows : 

Direct examination by Mr. Lewis : 

Q. I hand you a list of names as called by the witness, R. L. Shumaker, 
who just i)i-eceded you on the witness stand. Please state for the benefit of 
the record what your tax records show as to the poll tax of each for the 
year 1919.—A. .1. AV. (’only, poll tax for 1919, not charged and not paid. L. K. 
.Iordan, i)oll tax for 1919, not charged and not paid. Gihiin .McDaniel, iioil 
tax for 1919, not charged and not iiaid. ,Iohn T. Marlow, poll tax foi- 1919, 
not charged and not paid. AV. M. IMoore, poll tax for 1919, not charired and’ 
not iiaid. Rufus Shumaker, poll tax f<M- 1919, charged and not paid. C. D. 
Speeks, {loll tax foi- 1919, charged ami not iiaid. P, S. Turner, poll tax for 
1919, not charged and not paid. AV. F. Snow, poll tax for 1919, not charged 
and not paid. (’. A. ATckes, poll tax for 1919, not charged and not paid. 
L. L. Disbman, poll tax for 1919, not charged and not paid. Roan Dison, 
poll tax for 1919, not chargeil and not paid, Hoyt Millsaps, poll tax for 1919’ 
not charged and not iiaid. (Jrahani Shaver, poll tax for 1919, charged and not 
paid. F, (1. Speeks, poll tax for 1919, charged and not paid. Felix L. AVil- 
liams, poll tax for 1919, not charged and not paid. 


C’AMPBELL VS. DOUGHTON. 


927 


('roys-exaniiiiation by Mr. Dulin : 

'ion do not know, Miss McLelland, whether or not these ])arties paid in 
any other county, do youV—A. I do not. 

Q- All you pietend to say is they did not pay poll tax in the county of Ire¬ 
dell for 1919?—A. I do. 

J. B. KINCAID, witness for the contestee, being duly sworn, testilied as 
follows: ■ 

Direct exainination by iNIr. Lewis: 

Q. :Mr. Kincaid, do you know W. H. II. Cowles?—A. I do. 

Q. Did he yote in ward 2, Statesyille, at the last general election?—A. He 
did. 

C^. His yote was challenged by the witness, R. R. Tharpe, on the ground of 
mental incapacit.y. What akin are you to Mr. Cowles?—A. Brother-in-law. 

Q. Did you see Mr. Cowles a few da.ys after the election in 1920?—A. Yes. 

Q. M hat was his mental condition at that time; was he of sane ndnd?— 
A. He was. 

Q. Do you know Mrs, Sarah (\iwles Self?—A. I do. 

Q. M hat akin are you to Mrs. Self?—A. I married her sister. 

Q. D (1 Mrs. Self yote in ward 2, Statesville?—A. I don’t know. 

Q. Where did she claim her residence, and where does she now claim her 
residence?—A. Statesville. She is in Raleigh; was here the greater part of 
last year; she was here until October 1. 

Q. How many months did she spend here?—--A. From January until October 1. 

Q. You know she claims this as her residence?—A. Yes. 

Q. Is her husband in Government work in Raleigh?—A. He is working for 
the State government. 

Q. Is this the residence of W. H. H. Cowles?—A. It is. 

Q. He is 21?—A. Yes. 

Q. Both of these parties are more than 21?—A. Yes. 

Q. They have been residents of the State of North Carolina all their lives?— 
A. Yes. 

Q. And residents of Iredell County for six months prior to the election on 
November 2, 1920?—A. Yes. 

Q. And of the ward four months?—A. Yes 

Q. So they are legal qualitied voters?—A. They are. 

Cross-examination by Mr. Dulin : 

Q. You do not know whether he paid his poll tax for 1919?—A. He told me 
his poll-tax was paid in Wilkes County. 

Q. Did he tell you when it was paid?—A. He did not; said all soldiers’ poll 
tax was paid for two years in Wilkes. 

Q. He claimed payment on the strength of the fact that the commissioners 
had exempted him?—A. He did not say; he said it was all paid for two years 
in Wilkes County. 

(L He did not tell .you he had paid it him.self?—A. He told me he did not. 

Q. Had Mr. Cowles been in any hospital or institution of any kind prior 
to the election?—A. Yes. 

Q. W'hat kind of a hospital?—A. A iiidvate hospital. 

Q. For treatment of what kind of a disease?—A. Nervousness; he was in a 
hospital that took care of nervous soldiers. 

Q. 1^0 you know when he was discharged from that hospital?—A. He is still 
in the hospital. 

Q. So when Mi-. Tharpe testified he was in a hospital he testified to the 
truth?—A. He testified to the truth as to his being in a hospital. 

Q. You read the stenographer’s copy of Mr. Tharpe’s evidence, did you 
not?—A. Yes. 

Q. Did he swear the truth concerning Mr. Cowles in that evidence he gave?— 
A. Not as to his mind he did not. 

Q. You went away on a trip on your honeymoon about that time and saw 
]\Ir. Cowles?—A. I saw him on November 14. He is now at home; came in last 
Monday. 

Q. He is all right?—A. Yes. 

Q. And was at the time of the election?—A. His mind was all right at the 
time of the election. 


928 


CAMPBELL VS. DOUGHTON. 


liecross-exaniinatioii: 

Q. Did you talk to him about his voting in the last election?—A. No. 

Q. As to Mrs. Sarah Cowles Self, do you know whei'e her husband claims. 
his residence?—A. He considered that his home last year; he was here every 
week end ; working in liaieigh. 

O. His headquarters fire still in Kaleigli?—A. Yes. 

Q. Where does he consider his home?—A. I do not know. 

Q. You do not know, of your own knowledge, where he considered his home 
on November 2, 1920?—A. ()n November 2 he was living in Itaieigh. 

Redirect examination : 

Q. As to Mrs. Self, where was her residence on November 2, 1920?—A. Until 
October 1 this was her home. 

Q. Was it not her home all the time?—A. l"es; from .Tanuary until October. 

Q. Did she claim Iredell (^ounty as her legal residence?—A. Yes; she i.s 
coming hack here in June. 

Q. And her residence is here?—A. Y"es. 

.1. R. ALEXANDER, witness for the contestee, being duly sworn, testified 
as follows: 

Direct examination by Mr. Lewis : 

Q. What ward do you live in?—A. Ward 8, Statesville. 

Q. What were your official duties in the last general election?—A. I was 
registrar. 

i}. And as such registrar you were present on the day of election?—A. Yes. 

Q. Do you know P. D. Cline?—A. Y^es. 

Q. Did he vote in the last general election?—A. Yes. 

Q. Al*sentee?—A. Yes. 

Q. How did he vote?—A. Republican ticket and for Dr. Campbell. 

Q. How long has he lived in the State of Virginia?—A. He has been away 
from here six or seven years. 

, Q. Does he live in Peters))urg, Va.?—A. I think so. 

(>. Been away from here six or seven years?—A. Yes. 

(}. Do you know Mrs. C. L. Gilbert?—A. Yes. 

Q. The witness John M. Sharpe swore she voted in the last elecfon in ward 
3. Are you well ac(iuainted with her?—A. Very well. 

(). Did she vote in that ward?—A. If she did I did not see her. I was there. 

(h Do you know Blake I\Ioi‘rison and his faiudy?—A. Yes. 

Q. The witness .Tohn IM. Shar])e swore these people di l not vote in the ward 
in which they lived. Did they vote in ward 3?—A. Yes. 

(}. How long had they lived in ward 3?—A. They have been here four or 
five years. 

(>. Did they live in ward 3?—A. Yes. 

i}. Where does the I'ne run?—A. I think the street is the line. 

(}. I>id Will Sumter I’ve ’n their home?—A. Yes. 

Q. Did he vote in the last general election?—A. Y^es. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. As a mutter of fact. Mr. lMon-i.son and Mr. Sumter both live in ward 3 
and Jii'e legal, (pialified voters. They were challenged on challenge day?— 
A. Yes. 

(). That was fought out before the reg’strar and judges?—A. Yes. 

Q. And all the judges and registrars, after hear ng IMr. IMorrison and finding 
out where the line was. unanimously agreed he was entitled to vote?—A. Yes. 

(>. Do you know A. F. We’sner?—A. YT's. 

Q. Did he vote in ward 3?—A. Yes. 

Q. His vote was also challenged by the witness John M. Sharpe. Where is 
his I’eshlence?—A. He has been claiming h's home here. 

Q. Did he vote here?—A. Been voting here every election. Comes over on 
purpose to vote. 

(}. Did you talk to him on election day?—A. Yes. 

(,). Did he tell you he claimed this as his home?—A. Y^es. 

Q. Y"ou could not do anything else but let him vote when he told you he 
claimed this as his home?—A. No. 

(^. Do you know IMr. and Mrs. W. H. Horton?—A. Y’^es. 

Q. Did they vote on November 2, 1920?—A. Yes. 


CAMPBELL VS. DOUGHTON. 


929 


Q. How did they vote?—A. Rei)id)li(nii ticket. 

Q. And for Dr. (’timphell?—A. Yes. 

Q. How Ions had they heeii resMents of North Carolina?—A. They had not 
been residents lately. They had been down in South Carolina. 

i}. M ere they challerised on the day of election?—A. Y"es. 

(L hat did they say about it?—A. They said they had been in South Caro- 
1 na, hut claimed this as their home. 

(}. Under that you allowed them to vote?—A. Yes. He was a marriwl man 
and lived here, and he told me he weiU to South Carolina on a visit. 

Q. How Ions had he lived there?—A. Quite a 1 ttle time—down there at 
work. 

D'dn’t have any kin peo])le there?—A. Not that I know of. 

Q. He toll you altlioush he was in South (^arolina he claimed this as his 
residence?—A. Yes; and we let him vote. 

(}. Do you know M. R. Edwards? That is the witness who swore he voted 
for Dr. Campbell and had not paid his poll tax and that he was of proper 
ase?—A. I think T do. 

((^)utest:int ob.ie(‘ts to the question of the attorney on the si'oond that it 
undertakes to state for the record what the witness swore on a prior exami¬ 
nation. 

Q. Do you kiuov J. B. Kesler?—A. Yes. 

Q. Did he vote in the last soneral election?—A. Y"es; he voted for Dr. 
Campbell and the Reiniblican ticket. 

(}. Do you know Will Morsan?—A. Yes. 

Q. Did he vote in the last st'iieral election?—A. Yes. 

Q. How did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Y"es. 

Q. Do you know R. W. Shaw, the witness you were talk'ng to this morn¬ 
ing?—A. Yes. 

Q. Did he vote in the last general elecfon?—A. Y^’es. ‘ 

Q. How did he vote?—A. Republican ticket. 

(}. And for Dr. Campbell?—A. l^es. 

Q. Did you talk to INIr. Shaw in regard to his poll tax?—A. Y'es. 

Q. What did he say?—A. He said he was 28 years old and didn’t pay any 
l)oll tax. That is what he told me this morning. 

Q. 1*. D. Cline, J. R. Kesler, Will IMorgan, and R. AV. Shaw; were they be¬ 
tween the ages of 21 and 50 on May 1, 1919?—A. I'es. 

Q. You say Mr. Shaw lived in ATrginia?—A. Y'es. 

Q. Mr. IMorgan and Air. Kesler; their home on Alay 1, 1919, was where?— 
A. Statesville. 

Q. They have always lived here. Mr. Shaw came here from Greensboro?— 
A. I think so. 

Q. Did he tell you he had not paid his poll tax?—A. That is what he told me. 

Q. Frank P. Cooper; did he vote in the last general election?—A. I think so, 

Q. Voted an ab.sentee vote?—A. I think so. 

(}. He voted the Republican ticket and for Dr. Campbell?—A. Yes. 

Q. H. L. A^aughii; a man the.v call Jack, did he vote?—A. He did. 

(). How did he vote?—A. Republican ticket. 

(). And for Dr. Camidiell?—A. Yes. 

(}. As to the ages of Air. Cooper and Air. A'aughn, were they between the ages 
of 21 and 50 on Alay 1, 1919. and were they then residents of Iredell County?— 
A. A>s. 

(h And should have made their poll-tax returns here?—A. Y"es. 

Q. Air. Alexander, as registrar, when the chairman of the county board of 
elections sends you ti(‘kets does he send you absentee blaid^s and tickets, to¬ 
gether with the ballots?—A. I^sually does. 

(}. As registi-ar, do .vou know whether tlie election law requires that the 
chairman send absentee voters certificates and envelopes with the ballots to 
the registrar?-—A. T think it does. 

(h As such registrar di<l you give any absentee voters tickets and envelope# 
out to ])eo))Ie who Avould call for them?—A. Yes. 

(h To both Democrats and Republicans?—A. Yes. 

(). Do you know Col. A. D. Watts?—A. Yes. 

(L Wluu-e does he vote?—xV. He votes in Shiloh Township, Iredell County., 

Q. What townshi]) were you raised in?—A, Shiloh. 

Q. In what township was Col. Watts raised?—A. The same township. 

57695—21-59 


930 


CAMPBELL VS. DOUGHT(3N. 


f 

(}. Wliere dors he vote?—A. Shiloli. 

Q. Has he ever voted anywhere else?—A. No. 

Q. When he .iroes awaj' from here and rej<isters at a hotel, liow does he 
rejjister? AVhere I’l’oin?—A. I think he registers from Statesville. 

(}. Is it not a fact that he registers from Shiloh?—A. I do not think he puts 
the township down. I know he has never voted anywhere else. He owns land 
there. 

Q. When he was of poll-tax ajxe, did lie pay his poll tax in Shiloh?—A. 
Alwaj's did. Never has voted anywhere else. He has never claimed any other 
place as his residence. 

( 3 . And tlnit is his lejtal home?—A. Yes. 

Cross-examination hy Mr. Dulin : 

Q. What does it take to constitute a le, 2 :al home?—A. Where a man pays hLs 
taxes and swears he holds nis citizenship, got property, and claims his home. 
I believe the travelling men always have their legal residence where they stay. 
If they are single, it is the ohl home. That is where Ans Watt’s home is. 

Q. But has he actually lived in Shiloh, to your knowledge, within the last 
15 years?—A. He makes that his headquarters. 

Q. Where do you live?—A. I live in Statesville, 

Q. What ward.—A. Ward 8. 

Q. How long have you lived there?‘—A. Nineteen years. 

Q. Whei’e did you move from?—A. Shiloh. 

Q. Why don't you still vote in Shiloh?—A. I have a family, and moved my 
family. Mr. Watts has not. I .sold my property in Shiloh and he didn’t. 

Q. So your understanding of the law is if a man has no family, he can vote 
anywhere he wants to't—A. No; he can not vote anywhere he wants to. He 
can have a legal residence where he pays his taxes. He has to do that so he 
can vote. 

Q. The constitution .says that a man shall have lived in the State two years, 
in the county six months, in the election precinct four months next preceding 
the election in which he votes. Did he do that?—A. He didn’t go there and 
stay. 

Q. Just an imaginary citizenship?—A. It is his home. He goes from one 
place to another. I tell you it is his home. He goes there all the time. He goes 
once a week or twice a month ever since he left there. He goes backwards and 
forwards all the time. 

Q. You tcstilied that Blake Morrison was a resident of ward 3. Do you 
know a family living ju.st south of the house he lives in?—A. I know several 
people who live next to Mr. Morrison. 

Q. I will ask you if you do not know that the family living south of him 
did not vote in ward 4, and that they were Democrats?—A, IMight have done it. 

Q. If he lived in ward 3, the Democrats who voted in ward 4 who lived 
.south of,him are disqualilied to vote in ward 4, are they not?—A. No; the line 
is not established good there. The line is not fully established. There has 
been some dispute about the 3d and 4th ward line. In this particular house 
they have been voting in ward 3 all the time. 

Q. Don’t you know, as a matter of fact, several Republicans were disqualified 
and not allowed to vote in ward 4 that lived north of him?—A. No; I do not 
know it, but there is a dispute as to the line. 

Q. You are willing to swear that the parties living farther south did not live 
in ward 4?—A. When you get farther south, I don’t know where the line is. 
There is some dispute. 

Q. The line runs east and we.st. does it not?—A. I don't know how the line 
i-uns. 

Q. You do not know whether Mr. Morrison lives in the third or fourth Avard?— 
A. I know he is said to 1 ve in the third ward. 1 know the people have been 
voting in the third ward who live there. 

Q. And you don’t know whether they have been A'oting right or not?—A. No. 

Q. Do you kmnv A. F, Weisner'?—A. Yes. 

Q. Will you state he is legally qualified to vote in Iredell?—A. I know what 
he said. He said he claims this his legal home. 

Q. Do you know when lie came back to Iredell?—A. I do not. 

You do not know where he came from? You do not know whether he has 
lived in the State two years, the county six months, and the precinct four months 
prior to the election'?—A. No, He is a mechanic. He travels around. 

Q. Is he married?—A. No. He has been married, but his wife is dead. 


CAMPBELL VS. DOUGHTON. 


931 


Q. All yon know of his lo.'^al residence is what he said?—xV. I know he has 
het'n vot nj; here. Lived across the street from me. 

Q. Where did he live on election day?— A. I do not know. 

Q. Where did he live at any t me diirinj; the fail and summer of 1920?—A. I 
don’t know. He has been votin^j: here every election since I have been votinj^ in 
this ward. 

(}. Mr. xVlexander, yon test tied as to J. R. Kesler, Will Morjjan, II. W. Shaw, 
and Frank P. (’ooper, and H. L. Van^hn. Were they between the ages of 21 
and 50 on return time for 1919?—xV. Yes. 

Do yon swear that now as a fact?— A. Yes. 

(^. About what is the age of .1. R. Kesler?—A. iNIy judgment is ahont 45 to 47. 

Q. M'hat is tlie approx.mate age ()f Will Morgan?—A. I would say he is from 
28 to 35. He was over 21 at return time. 

Q. K. W. Shaw?—A. He looks to he 32. From 28 to 32. 

Q. What is the ai)proximate age of H. L. A'anghn?—A. About 23. I would 
think. 

* Q. Twenty-three at the present fine?—A. Yes. 

Q. Did he ever vote before?—xV. I do not remember. I think he had. 

Q. I) d yon have an absentee certiticate given yon by Miss linby Fraley to be 
voted in ward 3 on Novemlier 2, 1929?—A. No; I don’t think so. 

(j. Do yon know whether or not a vote was ca.st in ward 3?—A. I do not 
remember. 

Q. Yon wei-e appointed reg strar when?—A. I was appointed registrar the 
Satnrady before the election was .held. 

Q. That was challenge day, was it not?—xV. I do not believe it was challenge 
day. I think it was Saturday before the election. 

Q. Yon did not re.gister anybody on that day?—A. No; that was after the 
reg strati on pericnl was over. 

Q. Do yon know anyth ng ahont a vote being cast in the name of Den Cooper, 
an absentee vote?—A. 1 think there was a vote ca.st for him. 

(j. Do yon know where that vote came from?—xV. I do not. I noticed it in the 
batch. It was not mailed to me. He was away from here at the time. 

(>. D (1 yon have any absenti'e certiticates prior to the election for the purpose 
of .giving ont to iieople who desii-ed to vote absentee votes?—A. I think there 
were some certiticates. I gave ont several. 

Redirect examination ; 

Q. Mr. Alexander, the ballots that were turned over to yon by Mr. Speeks, the, 
registrar, I will a.sk yon whether there were any absentee t.ckets and blanks 
and envelopes?—A. I think there were. 

Q. What is .1. Ren Coo])er’s i)olitics?—A. Republican. 

Q. Do yon remember how he voted?—A. I do not. 

Q. If he had voted'Democratic, don’t yon th.ink he would have remembered?— 
x\. 1 might have done .t. I don’t know. He always has been a Republican. 

Q. xVnd if the vote had been Democratic it would have impressed itself on yonr 
memory, would it not?—A. I think I would have noticed it. 

Q. Yon say yon gave some certificates to Republicans as well as Democrats?— 
A. When they asked me. 

Recross-examination: 

Q. As to Air. (U)oper’s vote, do yon think Air. Hartness wonld have called it a 
Democratic vote if .t had not been?—A. I do not thiidv he wonld. 

Q. Do yon think Air. Dewey L. Raynier wonld have written down on his record 
that he was keeping that it was called a Democratic vote nnless it had been so 
<alled?—xV. I do not think .so. I never pa hi mnch attention. I opened the en* 
veloj)es and while he was call ng oneH was opening another. 

Q. Do yon know what became of those certiticates?—A. I do not. 

(}. Were they destroyed’?—A. I conld not tell yon. I left them there and 
turned them over to one of the judges. 

Redirect examination ; 

Air. .Tohn AI. Sharpe, the witness, .swore concerning the J. AI. Sharpes. Yon 
tak'e tl-e J-eg strati* n hook with me. Does T not .show there is a Jos, AI. Sharpe, 
5G?—A. It shows Jno. AI. Sharpe, 25, and J. AI, Sharpe, 3G. 

(j. Air. Jos. AI. Sharpe, did he vote b.\ an al^.^entee vote?—A, Aly recollection 
is he *iid. 

Q. How many J. AI. Sharpes voted?—xV, Two. 

Q. That is yonr nnderstanding? Air. Jos, AI. Sharpe and Air. John AI. 
Sharpe, the Repnblican chairman’?—A. Yes. 


932 


CAMPBELL VS. DOUGHTON. 


Kecross-exumiiintion : 

Q. It has been some eonshlerahle time since yon checked this?—A. No; I think 
it was the otlier day. 

Q. Th.s week?—A. One day last week. 

Q. Checked it witii him on the reji'istration and i)oll hook?—A. Yes. 

Redirect examination: . , 

Q. (’liecked it with me on the poll hook?—A. Yes. 

Q. When yon answered that last question yon said rej; stration hook. Have 
yon seen anythin,of the re^iistration hook Avith'n the last 80 or 90 days?—A. 
No: not since the election. 

Q. Yon have seen the poll hook and checked hy the poll hook?—A. \>s. 

liecross-examination : 

Q. Yon test'tied, IMr. Alexander, that three Sharpes were on the registration 
hook in ward 8. Yon testitied to the fact that yhn had checked it with Mr. Lewis. 
Do yon deny it?—A. I deny the re.aistrat-on hook. I made a mistake. I was ^ 
not thinkinf>:. 

Q. Under his examination he hronj>:ht ont the fact that J. IM. Sharpe and two 
other Sharpes had appeared on the registration hook, and that Mr. Sharpe ap¬ 
peared on the I'eg stration l)ook as hein.g 50. Yon deny that now, that yon 
checked those names on the registration hook, as j’on stated?—A. I deny ahont 
the reg stration hook. , ^ 

Q. Where did yon get the age?—A. Got it fr(>in the copy Mr. Lew's made. 

Q. Yon stated on your examination yon got the age from the registrat on book. 
Now do yon deny it?—A. Yes. • . .. 

Redirect examination : >> 

Q. This hook here was made np l)y Mrs. Tomlin before the first hearing?—A. 

I do not know. 

(The contestant objects to the question and answer based upon hearsay 
tesfmony.) 

{}. When this record was made np by Mrs. Tomlin, were yon there at the 
revenue ()fiice w th ine?—A. Yes; several times. 

Q. And he ran over that book and compared it with the registration book?— 
A. Y^es. 

C. L. GILBP^RT, witness for the contestee, being dnly sworn, testified as 
•follows: 

Direct examination by Mr. Lewis : 

Q. Are yon the husband of IMrsi C. L. Gilbert?—A. Yes. 

(}. The witness John M. Shariie swore she voted in the last election in ward 
3?—A. It is a mistake. 

Q. Did she vote at all?—A. She did not. 

Q. Mr. Alexander knows Mrs. Gilbert; has known her for a number of years. 
In fact, nearly everybody here knows her?—A. Yes. 

Q. Yon were jailer here in Statesville eight years?—A. l^es. 

Q. Are yon now on the police force?—A. Y^es. 

(’ross-examination hy IMr. Adams: 

Q. AVhere is yonr wife now?—A. She is at home. 

Q. Do yon mean to swear she did not by mistake vote here?—A. Yes. 

Q. Were yon here during the day?—A. Yes. 

(}. Will yon swear she did not vote either hy absentee or in person?—A. I will 
swear it. 

Q. She is here and conld be at this hearing?—A. Yes; she voted in No. 1 . 

Q. Did she vote in No. 1?—A. Yes, sir. 

Q. Yon say yon belong on the police force here?—A. Yes. 

Q. Did yon pay yonr poll tax for 1919 before May 1, 1920?—A. I did not pay 
any poll tax. 

Q. How old are yon?—A. I am 48. 

Q. Did the county commissioners exempt yon?—A. Y^'es. 

Q. For the reason that yon were an officer in some fire department?—A. I be¬ 
longed to the fire company. 

Q. And that is the reason yon are exempt?—A. Yes. 

Q. Who are some of the othei'S who lielong to this fire company?—A. I don't 
know. It would take me some little time to tell yon. 


CAMPBELL VS. DOUGHTON. 933 

Q. (Jaii’t yon reineniber any of them?—A. Yes; the whole police force belongs 
to it. 

Q. \\ho are they?—A. IMr. Kerr, Charlie Fnlp, John Neighbors, J. W. Mills, 
and others. 

Q. How (I'd you vote?—A. Democratic ticket. 

Q, How did the others vote?—A. I suppose they voted Democratic ticket also. 

They are Democrats?—A. Yes. 

Q. They were exempt from the payment of poll tax?—A. Yes. 

(). About what are their ages; are they between 21 and 50?—A. I'es. Mr. 
Kerr 's around 50; ])ossihly a little older. 

Q. About what is iMr. Fulp’s age?—A. In 30. 

Q. Mr. J. W. INIills?—A. About 30 or 40. 

Q They were exemi)t by the same order you were?—A. Yes. 

Q. Is Alec Cooper a volunteer tireman?—A. He is a paid tireman. 

(^. Is he exempt also?—A. I don’t know about that. 

Redirect examination : 

Q. As a matter of fact, rdl the taxes are charged against these tiremen and 
they get a rebate, and j)ay it with the rebate, so they all paid their poll tax?— 
A. Yes; with the rebate. I always got a rebate ami got. a tax receipt. 

Q. Your poll is charged and you pay it with a rebate?—A. Y^es. 

HARRILL C. HEATH, witness for the contestee, being duly sworn, testified 
as follows: 

Direct examination by iMr. I.ewis : 

Q, Mr. Heath, did you vote in ward 3, city of Statesville?—A. Y'es. 

Q. How old are you?—A. Twenty-seven. 

Q. Did you vote in the last general election?—A Yes. 

Q. How did you vote?—A. Rei)ublican ticket. 

Q. And for Dr. Cami)bell?—A. l^es. 

Q. Did you pay any i)oll tax on oi; before iNIay 1. 1920?—A. No. 

Q. Were you a soldier?—A. Y"es; d’.scharged .Tune 7, 1919. 

Q. Did you understand the soldiers were exempt from the payment of poll 
tax by order of the count.v commissioners?—A. Y"es. 

(The contestee, R. L. Doughton, wdshes to again state for the record that he 
does not now, nor intend to at. any time, challenge any vote of any soldier who 
was in the late World War w’th (lermany, and he asks that Congress do not 
throw out the vote of any soldier, be he Republican or Democrat.) 

.T. P, KING, witness for the contestee, being duly sworn, testified as follows; 

Direct examinati(ui by Mr. Lewis : 

Q. How old are you?—A. Twenty-s x. 

Q. Did you vote in the last general election?—A. Yes. 

(}. How d d you vote?—A. Republ'can ticket. 

Q. And for Dr. Camiibell?—A. Yes; straight 

Q. Did you pay your poll tax on or before IMay 1, 1920?—A. No. 

Q. Were you a soldier?—A. Yes. 

Q. When were you discharged?—A. June 26, 1919. 

Q. Where did you come from to Iredell?—A. Mecklenl)urg County. 

(}. Had you lived in the State two years prior to the election?—A. Yes; in 
the State four years. 

Cross-examination by Ylr. Adams : 

Q. How long have you lived in Iredell County?—A. Four years. 

Q. What precinct did you vote in?—A. Ward 3. 

Q. How long have you lived in ward 3?—A. Four years, except when I was 
in the Army. 

.T. C. HILDEBRAND, witness for the contestee, being duly sworn, testified 
as follows; 

Direct, examination by Mr. Lewis : 

Q. How old are you?—A. Twenty-four. 

(}. Did you vote in the last general election?—A. Yes. 

Q. In ward 3?—A. Yes. 

Q. How did you vote?—A. Republican ticket. . j 


934 


CAMPBELL VS. DOUGHTON. 


Q. And for Dr. Campbell?—A. Yes. 

Q. Did you pay your poll tax on or before IMay 1, 1920?—A. No. 

Q. Were you a soldier?—A. Yes. 

Q. When were you discharged?—A. April 1, 1919. 

RAY COMPTON, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Lewis : 

Q. ]Mr. Compton, did you vote in ward 3?—A. Yes. 

Q. How did you vote?—A. Republican ticket. 

Q. And for Dr. Cami)bell?—A. Yes. 

Q. Did you pay your poll tax prior to May 1, 1920?—A. Yes. 

Q. For 1919?—A. Yes. 

Q. What is your age?—A. Twenty-four. 

Q. What township did you make your return in?—A. I made it in ward 3. 

Q. In Statesville inside in 1919?—A. In 1920. 

Q. Where did you make your tax return for 1919?—A. I came from Bar¬ 
ringer. 

Q. Did you live in Barringer on May 1, 1919?—A. I don’t know. 

Q. Did you make your return and pay in Barringer?—A. Yes. 

(). Have you a receipt?—A. Yes: my lather has gone after it now. 

Q. You told me a while ago you paid in Statesville Township. You meant 
Barringer?—A. I paid tWice in Statesv lie. 

Q. That is, the last two years you have paid your taxes. You paid 1920 in 
Statesville?—A. Yes 

Q. You are sure you made your tax return in Statesville Township and paid 
it?—A. I made it one time. 

Q. You sa d you paid twice?—A. I have paid taxes twice. 

Q. Have you made a tax return since you were here?—A. One—in 1920. 

Q. Where did you make your other?—A. Barringer, I guess. 

Q. You have paid it?—A. Yes. , 

Cross-examination by Mr. Dulin : 

Q. You paid your 1919 tax on or before IRay 1, 1920?—A. Yes. 

F. M. SISK, witness for the contestee, being duly sworn, testified as follows: 

Direct examination by iMr. I^ewts : 

(}. Mr. Sisk, how old are you?—A. Forty-five. 

Q. D d you vote in the last general election?—A. Yes. 

Q. Voted how?—A. Reimblican ticket. 

Q. And for Dr. Campbell for Congress?—A. Yes. 

Q. You voted in Statesville No. 3?—A. Yes. 

Q. D d you pay your poll tax prior to May 1, 1920?—A. No; I didn’t pay be¬ 
fore May. 

B. F'. BELL, witness for the contestee, being duly sworn, testified as follows: 

Direc't examination by Ylr. Lewis : 

Q. Your name is B F. Bell?—A. Yes. 

Q. D (1 you vote in Statesville 3 at the last general election?—A. Yes. 

C). The witness, Jno. iM. Sharile, challenged your vote in the Campbell hear¬ 
ing. H(;w long have you lived in North Cai-olina?—A. All my 1 fe. 

Q. Lived in ward 3 how long?—A. Six months. 

Q. You were a legal ({ualified voter in ward 3 on the day of last election?— 
A. Yes 

Q. And you voted?—A. Yes. 

Q. You stayed in Flor da a short time?—A. Yes. 

Q. You were there temporarily, and th s was your home?—A. Yes. 

Cross examination by IMr. Dulin : 

Q. Mr. Bell, which one of your daughters voted?-—A. Both. Oc ie and Della. 
Q. They voted the Democratic ticket?—A. Yes. 

Q. In ward 3?—A. Yes. 

Q. When you went to Florida, where did you reside?—A. Here. 

Q. In what townshij)?—A. Olin 
Q. You had a farm (here?—A. Yes. 


(CAMPBELL VS. DOUGHTON. 


935 




Q. I believe you sold that farm?—A. Yes, 

Q. You sold it before ycui went to Florida?—A. Yes. 

Q. And you and your family went to Florida?—A, Yes. 

Q. And the j::irls beeame dissatistied more than you did?—A. We went down 
and didn’t like it and moved back. 

Q. If you bad liked it, you mijrbt have stayed?—A. I m'frht have. 

(}. You went there for the purpose of trying it out. When you came back 
to Statesville you boujjht a hou.se and lot in ward 8?—A. Yes. 

(i. That is in a different voting; precinct from the one you moved out of when 
you went to Florida? You bou^jht the Mills house over on the cornei*?—A. Yes. 

(}. And at the time you went to Florida that house was not for sale?—A. I do 
not know. 

Q. It was sold because they wanted to sell for the benefit of some children, 
was it not?—A. I declare I could not tell. 

(}. You boujjht it from a real estate man?—A. I bought it from her. 

Q. When you went to Florida she hadn’t bou^fht that house?—A. I do not 
know, 

(}. You didn’t know anythinjr about that house when you went to Florida. 
When did you buy it’?—A. I boiuxht it in iNIarch, 1920. 

Q. You came back from Florida in January, 1920?—A. Yes; it was about the 
last of F'ebi-uary, 1920. 

Q You boiijiht property in Florida?—A, I boujjht there 12 months before I 
went. 

Q. And lived on property you owned?—A. Yes. 

Q. You own that property yet, don’t you, iMr. Bell?—A. I have sold it since 
I came away. 

(F You moved into ward 3 in Statesville in January, 1920; about the last?— 
A, Yes. 

Q. You came back into Avard 3 in 1920, did you not?—A. Yes. 

Q. And came from Florida?—A. Yes. 

(F And your family came with you?—A. My family—part of them—came be¬ 
fore I did, 

Q. And you boujiht this house and lived in it in February?—A. Yes. 

(>. I)i<l you move into this house when you bouj^ht it?—A. Yes. 

Q. How soon afterwards?—A. A mouth or so. I stayed here in town for a 
little bi^ before I boujrht. 

(F You were cballentred ami turned down?—A. Yes. 

(>. And you went out and ?:ot Sherilf Deaton to help you vote?—A. No. I 
told him I had a right to vote. 

Q. And he so contended, did he not?—A. Yes. 

Redirect examination: 

Q. Mr. Bell, you told the election officers that Iredell County had always been 
your home, ami that Florida had not been?—A. Yes. 

Q. That is what you say now?—A. Yes. 

Q. I belieA'e you swore that North Cai’olina had been your home all your life, 
ami you were in Florida temporarily?—A. Yes. 

Recross-examination: 

Q. You had not resided in the State of North Carolina two years preceding 
the election?—A. I had nevei’ been away Imt a little over three months. 

Q. You had not resided in North Carolina two years preceding the election?— 
Yes. 

Q. Didn’t you swear awhile ago that you and your family went to Florida to 
see^if you liked it? Stayed there three months and intended to .stay if you had 
lilted it- 7 —A. Yes; if we had liked it; but we didn’t. 

Redirect examination : 

Q. You were thei-e with the intention, if you did not like it, to come back, and 
you considered this your home all the time? A. \es. 

Q. And that is what you told the election officers?—A. Yes. 

W. M. NEEL, witness for the contestee, being duly sworn, testified as follows; 

Direct examination by Mr. Lewis : 

Q. Were you registrar in Coddle Creek No. 2 at the last general election?— 
A. No; I was a judge. 


936 


CAMPBELL VS. DOUGHTON. 


Q. The witness, S. M. (Joodinaii, at the Campbell hearinj^ swore as to the ab¬ 
sentee votes that they were not exhibited. iMr. T, (). Hrawlev was rej^istrar?— 
A. Yes. 

Q. When it eaine time to open the absentee votes, who opened them?—A. 
Mr. Brawley. 

Q. In openinj>: them, wonld he take out the eertiticates and affidavits and read 
them to the election otiicers?—A. Yes; that is the way he did them all. 

Q. They were all read to the election otiicers?—A. Yes. 

Q. And passed on and vote<l?—A. Yes. 

Q. Wei'e thei'e any challenjtes that yon know of?—A. Not on the absentee 
voters tliat T heard. 

Q. Did Mr. Goodman challenge them?—A. I do not think so. 

Q. Yon were present?—A. Yes. 

(}. Yon were one of the .Indjjes?—A. Yes. 

Q. And Goodman was a judge?—A. Yes. 

Q. And if he had challenged any yon would have heard him?—A. I think so. 

Q. That election was carried on fair, and everylxxly was given a square 
deal?—A. Yes; so far as I know. 

Q. Yon were there to see that the election was carried on fairly, and it was?— 
A. So far as I am able to judge, it was. 

Cross-examination by INIr. Adams: 

Q. Yon were the Democratic judge?—A. Yes. 

Q. Yon do not pretend to say that Mr. Goodman did not challenge all the 
absentee votes?—A. I said if he did I didn’t hear it. 

Q. He could have challenged them on challenge day and yon wonld not have 
known anything about that?—A. Yes. 

Q. Were the eertiticates and affidavits, when they were opened, passed over 
to Mr. Goodman for inspection?—A. No. 

, Q. Mr. Goodman was the Republican judge, was he not?—A. They were 
opened and read, and Mr. Goodman took down all the names. He was clerk 
for his own i)arty. None were passed around to any of the judges. They were 
just opened and read and approved in that way. 

Q. At the fine these absentee votes were cast, who was in the precinct at 
chat time—in the voting booth?—A. 1 don’t remember that at all. 

Did the Democrats have a clerk to keep a record of the Democratic 
votes?—A. Yes. 

Q. All voters as they voted?—A. Yes. 

Q. Who was he?—A. Mr. Clark. 

Q. He was one of the judges?—A. No. 

Q. Were the Republicans allowed a clerk to keep the record?—A. I suppose 
so. I don’t know what the law says on that subject, .fust for convenience, we 
got IMr. Clark to do our clerking for us. 

T. L. TUCKER, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Lewis: 

Q. Mr. Tucker, where did you vote at the last general election?—A. Ward 
No. 1, in Statesville. 

i}. You were challenged by the witness, T. D. Shuford, as being a nonresident. 
How long have you lived in ward No. 1?—A. I have been out of it for what you 
might say since March 2, 1920. 

(). Diil you move there March 2. 1920—over a year ago?—A. Y^es. 

Q. How long have you lived in Iredell County?—A. All my life. 

Q. How long have you lived in the State of North Carolina?—A. All my life. 

Q. IMr. Tucker, Mr. Shuford swore that you told him you had gone to 
Florida to live. Did you ever have any talk with Mr. Shuford like that?—A. 
I never did. 

Q. Were you in Florida?—A. A short time, 

Q. Did you go there to live or visit?—A. More on a visit to my father. 

Q. You moved your household stuff to your brother’s in ward No. 1, where 
you live now?—A. Y’^es. 

Q. You moved your stuff and went on a visit, and when you came back you 
intended to go in ward No. 1?—A. Yes. 

Q. YY)U never intended to leave North Carolina?—A. No. 


CAMPBELL VS. DOUGHTON. 


937 


Cross-examination by INIr. Dulix : 

(}. F>iit yon (lid leave Xortli Carolina, did yon n< t?—A. I \v(‘nt off on a trij). 

Q. Yon i)aek(Hl np yonr furniture before yon left?—A. It was packed at iny 
brothVr’s. I sold wbat I didn’t want. 

What ward was that?—A. It was at the cotton mill. 

Q. In ward No. 8?—A. I think so. 

(}. Do you know whether yon were in ward No. 3 or not?—A. I don’t know. 

(^. Where did yon live at the cotton mill?—A. I was keeping honse. 

Q. Are yon married?—A. Y>s. 

(}. Where was yonr wife at that time?—A. We lived at the cott(»n mill. 

(}. Yon never (lid live in No. 1, (Md yon?—A. Yes; we lived ont here on this 
ArmtieM place, ri^ht ont there at Shntord’s store. 

Q. Was that at the time you were workini; at the cotton mill?—A. We sold 
ont part of onr staff and moved with my brother. 

(). When did yon move over there?—A. INIarch 2. 1920. 

(}. When did yon move to Florida?—A. We went on a visit to Florida and 
jrot back the last of June or first of July. 

Q. So yon were in Florida from iVIarch 1 to July 1?—A. Somewhere near 
there. 

Q. Whom did yon work for?—A. Didn’t work for anyone. 

(). W'hom did yon visit?—A. 1 was visitini>; my datldy. What little work I 
done, it was for him. 

Q. What did yon do?—A. We trucked ont there a little. 

Q. Did yon f^et any of the proceeds from the trnckins.??— A. No. 

Q. Is yonr wife still living there?—A. Yes. 

Q. Yon meant to stay there if yon liked it?—A. No, 

Q. Did yon pay yonr poll tax for 1919 on or l)efore IMay 1, 1920?—A. No, 
sir; I was exempt. 

Q. Did yonr wife vote here, too?—A. Yes. 

Q. How did she vote?—A. Democratic ticket, 

Q. And yon voted Democratic?—A. Y"es. 

Q. Yon voted for Mr. Donghton?—A. Yes. 

Q. Did she vote for iNIr. Donghton?—A. Yes. 

Redirect examination : 

Q. Yon say yon (lid not pay yonr poll tax—that yon were exempt?—A. Yes. 

Q. That was shown in yonr former examination?—A. Y^es. 

Q. Yon swore as to that when yon were on the witness stand in the C'amp- 
bell hearing?—A. Y^es. 

Recross examination: 

Q. How did yon happen to be exempt? Did yon apply to the commissioners 
of Iredell County for exemption?—A. Y^es. 

(^. Have yon yonr exemption paper now?—A. I got it misi)laced. 

Q. When'was it given?—A. I don't recollect. It was the year I was 21. I 
never have had to pay any poll tax. It has been 12 or 14 years ago. 

Q. M’hat did yon inake in the cotton mill?—A. I made from $15 to $18 a 
week when I got in full time. 

Redirect examination. 

Q. Yon were exempted until it was revoked. Yon never made a poll tax re¬ 
turn, did yon?—A. No. 

.1. Ct. lewis, witness for the contestee, recalled first time; 

Direc't examination by Mr, Long: 

A. The witni^ss. .Toiin :M. Sharpe, swoi-e that Idrs. C. I.. Gilbert voted as No. 
1431 in ward No. 3. I now have the third ward poll book in front of me, and it 
is Mrs. C. L. 1‘hilbreth, a lady who lives on the corner of Walnut and Race 
Streets, close to IMr. Shx^p. She votes the straight Republican ticket, and did 
that day so I am informed. 

Cross-examination by Mr. Dultn : 

Q. She is a resident of the ward she voted in?—A. She is. bnt I (lon’t know 
whether she has been here two year.s or not. I am inclined to think she is a 
legal, qualified voter. 


938 


CAMPBELL VS. DOUGHTON. 


Q. Yon do not know, and yon do not attempt to cliallen.a:e her vote? A. I do 
not. I jnst explained that Mr, Sharpe swore he was present at ward B on the 
day of election, and that Mrs. C. L. Gilbert voted and she voted as 1431, and 
I just wanted to say that the man was swearing what he didn’t know anything 
about. 

Q. Do yon mean to swear that John INI. Sharpe was ly’ng when he testified to 
that?—A. I will swear he said she voted as 1431, and I will swear further that 
he d’d not know, as he did not see her vote. 

Q, So yon 'do state that Mr. Sharpe swore a lie?—A. I will not state it for 
the benefit of the record. 

Q, So yon are ashamed to put in the record what you stated?—A. No; I am 
not ashamed to put anything in the record at all. 

N. F. BLACKWELDER, witness for the contestee, being duly sworn, testified 
as follows: 

Direct examination by Mr. Lewis : 

Q, Mr. Blackweldei’, which voting prec’nct do yon live in?—A. Bethany. 

Q. AVere yon registrar, and as such registrar were yon present on the day 
of election, November 2, 11)20?—A. I was. 

Q, Do yon know a man by the name of Charlie Cline?—A. Yes. 

Q. Did he vote in the last general election on November 2, 1920?—A. He did. 

Q. How d‘d he vote?—A. He voted the Republican ticket. 

Q. And for Dr. Campbell?—A. I could not say he voted for Dr. Campbell. 
I did not see Ir’s ticket, but I seen he voted for the Republican nominees, for 
he procured the tickets from a man that had the tickets in charge. 

Q. He is a Republican?—A. Yes; has been all his life. 

Q, Yon presume he voted for Dr. Campbell?—A. Yes; although I did not see 
the ticket. 

Q. Lester R, Cashion, did he vote?—A. Yes. 

Q. How did he vote?—A. I presume he voteil the Republican ticket and for 
Dr. Campbell. The reason I know he voted was because he came to the table 
where the tickets were lying, and I helped him to get his tickets. 

Q. And when yon counted out the box that night, the Republican tickets in 
all the boxes ran about equal and the Democratic tickets ran about equal?—A. 
Pretty well, 

Q. So these men that voted the Republ’can ticket, after you counted the votes 
you presume they voted for Dr, Campbell?—A. Yes. 

Q. Walter Combs, did he vote?—A. Yes. 

Q. How?—A, Republican ticket. 

Q. And for Dr. Campbell for Congress?—A. I suppose so. 

Ci. Leroy Harris, did he vote?—A. Yes. 

Q. How did he vote?—A. I could not .lust say. I think he \oted the Repub¬ 
lican ticket. 

Q. AATiat is his politics?—A. Republican. 

Q. And he voted?—A. He had his Cckets in his hand when he came in the 
door. His people are all Republicans, and I inferred he was a Republican. 

Q. Luther Lippart. how did he vote?—A. He voted the Republican ticket. 

Q. C. AAk Teague, did he vote?—A. Yes, 

Q. How did be vote?—A. Republican ticket, 

Q. And all these people who voted the Republican ticket you suppose voted 
for Dr. Campbell?—A. I th'nk they did. 

Q. From what you know about these people, the fact that they registered 
before you or were already on the book, in your opinion, were they between the 
ages of 21 and .50 on May 1, 1919, and should have made their poll-tax return 
in Iredell Count.v? A. I would swear they all were, unless it was that Harris 
boy. All I can say is what he told me. He said he was 21,* 

Q. You would not swear he was 21 on May 1, 1919?—A. He swore to me 
he was. 

Q. The others you would swear were passed 21 on the 1st dav of Mav 1919'!'— 
A. Yes. 

Q. Did they all live in Iredell on May 1, 1919?—A. I think so. 

Q. That is your information?—A. Yes. 

Q. You have inquired a good deal?—A. Yes. 

Q. Do you know Fletcher Bass?—A. Y"es. 

Q. Did he vote in the last general election?—A. Yes. 


CAMPBELL VS. DOUGHTON. 


939 


Q. How did he vote?—A, Republican ticket. 

Q. And for Dr. Campbell?—A. I supj)ose so. 

Q. Mas be a soldier?—A. Yes; discbarjjed late in the summer. After May 1, 

f 010. 

(}. Do you know J. E. .Tobnson?—A. I do. 

Q. Did be vote in the last general election?—A. Yes. 

Q. How did be vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. I suppose so. 

Q. Do you know .Toe Stephenson, colored?—A. I do. 

Q. Did be vote in the last general election?—A. Yes. 

(}. How did be vote?—A. Republican ticket. 

Q. And for Dr. Campbell ?—A. Yes. 

Q. Now, these three soldiers, you knew them all, were they between the ages 
of 21 and 50, in your opinion?—A. Yes. 

Q. M here did they live on IMay 1, 1919?—A. Their home was in Iredell 
County. They were in the Army. 

Q. And if they made a return, it should have been in Iredell County?—A. Y'^es. 

Q. Is .Joe Stephenson a soldier?—A. He was the last soldier in the township 
that came home. He lives adjoining my farm. 

(}. You do not mean to swear that you know how these people voted? It is 
just a presumption with .vou?—A. Not as to all of them. I did not swear they 
all voted for Dr. (''ampbell. I .said I thought they did, according to the count 
in the boxes. The way I know they vote in the township, 1 think they voted for 
Dr. Campbell. I do not think any of them will deny it. 

(,). Are any of them here to-day?—A. I don't see any of them. 

(}. There is no reason why they could not have been subpcenaed to appear?— 
A. I suppose not. I feel safe in saying if you will call them on the witness 
stand to-day, or any other day, they will tell you they voted for Dr. Campbell. 

Q. Mdiichever way they do say nould be true?—A. I have every reason to 
believe it would. . 

(j. If they voted for Dr. Cami)bell it would be so, and if they voted for Mr. 
Doughton they would say so?—A. They are entirely reliable and could be 
depended on. 

Q. These parties ai’e being challenged on account of poll tax, I presume. 
Do you know of’any D('mocrat in your precinct that voted without paying their 
i>oll tax?—A. I did not ask any cpiestion about that. IMy instruction was to 
let each man vote and not to question his poll tax. 

(^. Have you learned any since that tinie that voted?—A. Perhaps one or 
two Re])ublicans. I don’t know exactl.v whether there is that many or not. 
I have not tried to familiarize myself with it. I did not ask them whether 
they had paid their poll tax or whether they had not. 

(). They were not challenged l)ecause they did not pay their poll tax?—A. No. 

Q. Do you remember anybod.v that asked you about it?—A. I could name 
two or tliree. Mr. (Mine was one—Charlie Cline—and .loe Stephenson was 
another. 

Q. Do .vou remember any others?—A. Yes. Mr. Ed .lohnson. I felt it was 
not neces.sary to bother them about it, for it was my understanding they had 
b(‘en released by the commissioners, and they would not be challenged if the 
commissioners had released them. 

Any others?—A. I can not recollect any more. MMiere was but little said 
about that in my townshii), for it was the understanding there that everybody 
would vote, botii Democrats and Republicans. 

(2. Do you know of any Democrats that did not pay?—A. No; I can not call 
any of their names. 

Miss McLELLANI>, deputy sheriff, witness for the contestee, recalled. 

Direct examination by IMr. Lewis: 

Q. Miss McLelland, I hand you a list of the voters who voted in ward 3, 
Statesville, testified to by .1. R. Alexander, the registrar. Please state for the 
benefit of the record what your tax records show for the year 1919 in regard 
to the poll tax of each.—A. P. D. Cline, poll tax for 1919 not charged and not 
paid. .1. R. Kesler, poll tax for 1919 charged and not paid. Will Morgan, poll 
tax for 1919 not charged and not jiaid. R. W. Shaw, poll tax for 1919 not 
charged and not [laid. E. P. (dooper, poll tax for 1919 not charged and not 
paid. H. L. Vaughn, poll tax for 1919 not charged and not paid. 



940 


CAMPBELL VS. DOUGHTON. 


C’ross-exainiiiation by Mr. Dulin : 

Q. As to these parties you testified to in precinct 3 as not havin;G: paid their 
poll tax; you do not know wliether they paid in some other county or not; do 
you?—A. I do not. 

Redirect examination : 

Q. Miss McLelland, 1 hand you a list of voters in P>ethany precinct, as sworn 
to h.v Mr. Klackwelder, the witness who i)receded .you on the witness stand. 
Please state for the benefit of the record what your tsix records show for 1919 
as to each?—A. (diarlie Cline, paid .ianuary, 1920, but no poll charaed <and not 
paid. Lester R. Casion. poll tax for 1919 not charjted and not paid, Walter 
(k)mbs, poll tax for 1919 not charged and not paid. Leroy Harris, poll tax for 
1919 not char.aed and not i)aid. Luther Lippard, poll tax for 1919 not charged 
and not paid. ('. W. Tea.aue. poll tax for 1919 not charged and not paid. 
Fletcher Bass, i)oll tax for 1919 not charged and not paid. .1. E. Johnson, poll 
tax for 1919 not charired aid not paid. Joe Steiihenson, colored, poll tax for 
1919 not charjted and not paid. 

(}. There are two AValter Combs in the county, one livin.st in Statesville Town¬ 
ship and one in Bethany?—A. Yes. 

Q. One Walter Combs has made a tax return and paid it?—A. Yes; in 
Statesville Township. 

Recross-exam'nation : 

(). Which Walter Combs is this that you are testifyinj? about; the one in 
Bethany or in Statesville?—A. This record shows he voted in Betlian.v. 

Q, So far as your records disclose there is nothinff to indicate to you which 
one it is? Walter Combs was the name of both parties, and one Walter Combs 
did pa.v?—Yes. In Statesville Township. 

Q. You do not know whether Walter Combs is living? in Statesville Township 
or not?—A. I do not. 

0. I believe you stated tliat Chai\lie Cline paid his taxes on .January 19, 
1920?—A. I think that was the date. 

Q. Ho you know the amount of that tax?—A. I do not. 

Q. Was it as much as a poll tax?—A. I could not tell you without looking; 
it up. 

Q. Do you know anytliins; tibout his ajje?—A. I do not. 

Q. If he was not charijed Avith a poll tax it Avas not tliroujth any fault of 

his?—A. Not that I knoAV of. 

Q. Did he pay all the tax charged asrainst him on that date?—A. Yes, 

Q, As to these other jAarties you testified to, you do not know whether they 
paid in some other county?—A. I do not. 

Redirect examination : 

Q. I hand you a list of voters for Statesville, No. 2, and ask you to state Avhat 
your tax record for the year 1919 in reirard to the poll tax shoAvs as to this?— 

A. Thomas R. Furches, poll tax for 1919 not charged and not paid. John A. 

Barkley, paid December 27, 1919; i)oll tax not charged and not paid. 

Recross-examination : 

Q. You do not knoAv Avhether these parties paid in any other county or not?— 
A. I do not. 

W. J. IMATHESON, Avitness for the contestee, being duly sworn, testified as 
folloAvs: 

Direct examination by Mr. I.,eavts : 

Q. What voting precinct are you a resident of?—A. Statesville, No. 2. 

Q. Were you present on the day of election?—A. Yes. 

Q, Did Thomas R. Furches vote?—A. Yes. 

Q. Hoav did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Did John A. Barkley vote?—A. Yes, 

(}. PIoAv did he vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A, Yes, 

Q. Did Mrs. John A. Barkley vote?—A. Yes. 

Q. Hoav did she vote?—A, Republican ticket. 

Q. And for Dr. Campbell?—A. Y"es. 


CAMPBELL VS. DOUGHTON. 


941 


Q. Had John A. Bai'kley and Ids wife, Mrs, John A. Barkley, been residents 
of the county of Iredell for six months prior to the election on November 2, 
1920? A. My information was they had not. The matter was discussed that 
day as to whether or not he was entitled to vote here. I, for one, told them I 
would not challenge any soldier boy. 

Q. hen was Mr. Barkley discharged?—A. I do not know. 

Q. As a matter of fact, he was discharged after May 1, 1919?—A. Yes. 

Q. M as Thomas K. Phirches a resident of North Carolina two years prior to 
the election?—A. I do not think so. He had been away for some time. Had 
been back here for some little while; I think for two years. 

Q. He is a son of Henry V. Furches?—A. Yes. 

Q. Were Mr. Furches and Mr. Barkley—you know them well—were they 
between the ages of 21 and 50 on May 1, 1919?—A. Yes; I would say so. 

Q. At that time neither one was in the county?—A. That is my information. 

Cross-examination by Mr. Dulin : 

Q. How old is Mr. Furches?—A. He is between 23 and 24. 

Did you know that of your own knowledge?—A, He so stated, and the 
record shows that he is 23. It is on the registration book. 

Q. He is a one-legged man?—A. Yes. 

Q. You do not know whether he is exempt or not?—A. He is now, as I under¬ 
stand. 

Q. You state here that John A. Barkley is not a resident of Iredell County?— 
A. He had not been for some time. As I understand, he was living at Winston- 
Salem. 

Q. He owns property here, does he not?—A. I do not know. 

Q. You say you were there all during the day?—A. Yes; except just long 
enough for lunch. 

Q. Quite a number of people voted on that day, did they not, that were not at 
that time in Iredell County?—A. Not that I know of, except a few absentee 
votes. 

(j. They were not in the county that day?—A. No; not the absentee votes. 

So, if Mr, Barkley lost his citizenship by being out of the county, why 
would not these other parties have lost theirs also?—A. I did not claim he 
had lost his citizenship. My understanding was that he had been at Winston, 
but considei-ed this his home; and there was something said about whether 
they had a right to vote, and I said, “ I, for one, will not agree for any soldier 
boy to be challenged, no matter how he wants to vote.” 

Q. Don’t you know, as a matter of fact, he had been in Raleigh, and only 
got temporary employment in AVinston?—A. I do not. That is the explanation 
his father gave. The judges agreed for him to vote. 

Q. You do not deny that his citizenship is here at all?—A. No. 

Redirect examination: 

Q. He is a son of J. A. W. Barkley?—A. Yes. 

Recross-examination: 

Q. You do not claim his wife is not a resident either, do you?—A. No. 

Redirect examination: 

Q. You are just stating facts?—A. Yes. 

Q. They have not lived here?—A. No. 

(j. You do not know what they claim in Winston?—A. No. 

Q. You know they had not lived here six months prior to the election?— 
A. Yes. 

In the matter of James I. Campbell, contestant, v. R. L. Doughton, contestee. 
It is ordered by J. A. Stewart, commissioner of testimony and notary public, by 
and with the consent of the attorneys of the contestant and the contestee, that 
this hearing will be adjourned until Monday, the 25th day of April, 1921, when 
and where the hearing in this matter will be resumed for further testimony. 

Present at the time of the making of this order: Lewis & Lewis, AV. D. Turner, 
for th(‘ contestee, and l\ P. Didiii for the contestant. Both the contestant and 
contestee being absent,. 

District of Ckmi MiuA, 

C/7// of WaHh'ni^'lon: 

I, Fan Barnett, stenographer in the above hearing, being duly sworn as 
stenographer for sii.d hearing, depose and upon oath state thai the above is a 


942 


CAMPBELL VS. POUGHTON. 


ti’iie and correct copy jiiid tr-’nsicrint t^H' e'.’i<lence orf'diioed l)“^'<‘r(‘ me, to the 
best (d' my knowledge and al)iHty as steno^^raplier, anvl inclMd( <l th said tran- 
scr i)t are all exhibits placed 'n my custody. 

This tlie 11 th day of May, 1921. 

E.\n r>.\KNKTT. 


Sworn to and snbscr bed before me this the 11th day of Ma.r, 1921. 

A. M. llUOTTENIN. 


My commiss on expires the 8th day of May. 1925. 


Notari/ Piil)lic. 


North (Lvrolina. 

Countij of If'crlell: 

I. J. A. Stewart, a notary ]mblic in and for the aforesaid county and State, as 
commiss'oner of testimony in the hea;- ng of .T nir*s I. Campbell. ooMt^stant and 
liobert I. DonglVon. eontes+^ee, do h<'r<'by cortifr that the above transcript of 
the evidence bv INiiss Fan Barnett, as stenogra])ber. is a true and correct copy 
of the ev’deme ))rodiiced before me as commissioner of testimony. 

This I\Iay 18, 1921. 

[SEAL.] J. A. Stewart. 

Notary Public. 

INIy commission exp'res the 2f)th d;iy of October. 1922. 

Exhirit a. 


State of Kentt’cky. 

Jefferson County: 

George D. Renegar, after being d\dy sworn, deuoses and says that he is a 
resident of the State of North Carolina, county of Iredell. Eagle Mills Township 
and Eagle Mids precinct, and that he is a s ngle man, and that his home ’s with 
his father in Eagle [Mills Township, Iredell County, N. C., and Eagle [M ils voting 
precinct. 

And. further, that he is now temporarily attending a ministerial school at 
Louisville, Ky., and was at the time of the election, November 2, 1920 and that 
on September 20, 1920. en route to said school he stopped at Statesville, N. C., 
and signed an absentee voter’s certificate, witnessed by .1. W. Sharpe and author¬ 
ized the said .1. W. Shai 7 >e to put in a full set of Democrat'c tickets when said 
tickets were printed and mail said certiticate and tickets to T. G. Wallace, regis- 
trni- of election in Eagle Mills precinct, Iredell County, N. C., for election to be 
held November 2, 1920. 

And, further, that .s<.)me few days prbu* to the election of November 2, 1920, he 
receded by mail an al)sentee voter’s lilaidv cert'ficate and a full set of Demo¬ 
cratic tickets; and thiidving by receiving these that the certificate signed Se])- 
tember 20, 1920, had been lost or misplaced, that he, the said George D, Rene- 
gar, did s gn a second certiticate, witnessed by Rev. E. W. Turner, and ma l said 
certificate, together with a full set of Democratic tickets, to T. G. Wallace, 
registrar of election in Eagle' Mills precinct. Iredell County. N. (^., and further 
knowing that if the first certiticate signed September 20. 1920, should be found 
and maded to the registrar that the registrar and judges of election would not 
cast but one set of the ballots at said election on November 2, 1920; and, further, 
that the certiticate signed September 20. 1920, was signed by him and in his own 
handwriting. 

George D. Reneg.vr, Affiant. 


Sworn to and subscril>ed before me this the 7th day of [March, 1921. 

[seal,] Htkjh Johnson, 

Notary Public. 


]My commiss'on expires October 12, 1924. 


In the matter of James I. Campbell, contestant, and R. L. Doughton, con- 
testee. 

Pursuant to the adjournment of this hearing by James A. Stewart, commis¬ 
sioner of testimony, made in the above matter, on the - day of -, 

1921, both parties to the proceeding being present through their attorneys, and 
each agreeing that the same shall be heard on the 25th of April, 1921. and 
pursuant to such agreement the taking of the evidence was continued on such 
date. 




CAMPBELL VS. DOUGHTON. 


943 


There were present P. P. Dulin ; the contestant, James I. Campbell; and also 
Lewis & Lewis and W. D. Turner, representing the contestee, Robert L. 
Doughton. 


Mr, M. P. ALEXANDER testified as follows: 

By ]\Ir. Lewis : 

(i. Mr. Alexander, the Republicans here have challenged the vote of Mr. 
and Mrs. \V. P. Mills, because, as they say. they do not live in the third ward. 
Do you know where they live?—A. lu the third ward. 

Q. How long have they lived there?—A. They have been, in the third ward 
ever since I have been in Statesville. 

]Mr. JOE CLARK testified as follows: 

By Mr. Lewis: 

Q. What vofng prec nct do you live in?—A. Fallstown. 

(^, Do you know a man named ,7. L. Sigman?—A. Yes, sir. 

When did Mr. Sigman move from Catawba County into Iredell County?— 
A. I will say about August. 1920. 

Q. Did you collect rents from him?—A. Yes, sir. 

(>. Where did he move from?—A. P"'i‘om (’atawba County, about August, 

Q. How long did he live in Catawba County?—A. About a year. 

Q. Did he have a family?—A. Yes. sir. 

(^. Did he move his family?—A, Yes, sir. 

Q, Do you know whether Mr. Sigman voted?—A. Yes, sir; he told me so this 
morning that he voted in Fallstown Townshij) on November 2, 1920, and voted 
the .straight Republican ticket. 

Mr. Duein. You had a little row out there over that negro picture? 

A. Sigman was not into tliat. My brother and I had a disagreement with 
two other men about it. and I gave it to Mr. Brown. Tlmy wei-e talking about 
it and I gave it to him. Some one started to take it up at Troutmans, and 
then they thought they had better not. Handed it to me, and I looked at it 
and passed it to a fellow named Nance. He took it to Troutmans. It belonged 
to him. I had nothing to do with that. 

Q. Ever tell you where he got it?—A. No. sir; he had it and they told 
him- 

Mr. (TJARLES V. .TA]MES testified as follows: 

By Mr, Lewis : 

(}. Mr. James, did you vote in the last election, on November 2, 1920?—A. 
Yes, sir. 

(J. Where did you vote?—A. In Concord Township. 

Q. Iredell County?—A. Yes, sir. 

< 5 . Who did you vote for?—A. The straight Republican ticket. 

(}. Did you pay your poll tax on or before May 1, 1920, for the year 1919?— 
A. No, sir. 

By Mr. Dflin : 

Q. Where do you live now?—A. I live in Alexander County. 

By IMr. Lewis : 

Q. That was for 1919 tax. wasn’t it?—A. I don’t remember; that was when 
I was in Akron, 1919. 

Q. Did you pay any tax in 1918?—A. No, sir. 

Q. Did you pay your taxes for the year 1919, is the question here?—A. No, sir. 

Q. How^ old are you?—A. Twenty-nine. 

Mr. C. E. DOUGLASS testified as follows: 

By Mr. Lewis : 

Q. Your name is C. E. Douglass?—A. Y"es, sir. 

Q. Did you vote in the November election?—A. Yes, sir. 

Q. Here at the courthouse?—A. l^es, sir. 

Q. Who did you vote for for Congress?—A. I voted the straight Republican 
ticket. 

For Dr. Campbell?—A. Yes, sir. 

Q. How old are you, Mr. Douglass?—A. Twenty-three, I reckon. 



944 


CAMPBELL VS. DOUGHTON. 


Q. Whut year were you born?—A. Seven, I reckon, 
g. Fall of 1897?—A. I don’t know. 

Q. Did you pay your poll tax for the year 1919, on or before May 1, 19-0. 

A. No, sir. 

('ross-exainined by Mi’. Dltltn : 

C>. Did you list your tax for 1919?—A. No. sir. 

i). You were not old enouj^h to nominate a return?—A. I don t know. 

Mr. G. iM. I'EAKCE testified as follows: 

Hy INIr. I.Ewts : 

(}. Did you vote at the jj:eneral election on November 2, 1920?—A. Yes, sir, 
Q. How did you vote?—A. Straifibt Republican ticket. 

Q. For Dr, Campbell?—A. Yes. sir. 

Q. How old are you?—A. Twenty-six. 

Q. Did you pay your poll tax for the year 1919 on or befoi’e May 1, 1920?— 
A. No, sii’. 

IMr. Dtuun. You understand this was the year 1919?—A. Yes, sir. 

Q. Is that the tax you paid? 

Mr. W. A. WILKERSON testified as follows: 

By jMr. Lewis : 

Q. What ward do you live in, .and did you vote in the jieiieral election of 
November 2, 1920?—A. Y"es. sir. 

Q. How did you vote?—A. Straij^ht Republican ticket. 

Q. For Dr. Cainjibell?—.Y. Yes, sir. 

Q. How old are you?—A. Twenty-three years old—21st of Ylarch, 1919. 

Q. Did you pay your poll tax on or before IMay 1, 1920, for tbe year 1919?— 
A. No. sir; I was in the service and did not set here before that time. 

(It is asi'oed that the counsel will not challenso soldiers.) 

Ylr. Dulin. Did you ever so to the sheriff’s office and offer-- 

(The evidence at this point was closed.) 

North Carolina, 

Iredell County. 

I, Nola Sherrill Carpenter, steno.sraphei’ in the above hearins- being duly 
sworn as stenographer for said hearing, depose and upon oath state that the 
{diove is {I true and correct copy and transcript of the evidence before me, to 
the best of my knowledge and ability as stenographer, and included with said 
transcript are all exhibits placed in my custody. 

Tliis May 18, 1921. 

Nola Sherrill Carpenter. 

Sworn to and subscribe<l before me this the 18th day of May, 1921. 

[SEAL.l .1. A. Stewart, Notary Puhlic. 

]My commission expires October 2G, 1922. 

North Carolina, 

Iredell County. 

I, .1. A. Stewart, a notary iml)lic in and for the aforesaid county and State, 
as commissioner in the hearing of .Tames I. Campl)ell. contestant, and Robert 
li. Doughton, contestee, do hereby certify tluit the above transcript of the evi¬ 
dence by Nola Sherrill Carpenter as stenographer is a true and correct copy 
of the evidence produced before me as commissioner of testimony. 

This May 18, 1921. 

[seal.] J. A. Stewart, Notary Public. 

My commission expires on the 2Gth day of October, 1922. 

North Carolina, 

Caldivell County: 

James I. Campbell, contestant, v. R. L. Doughton, contestee. Election contest. 

This hearing opened at the hour of 9..S0 o’clock a. m. in the courthouse in 
Lenoir. Caldwell County, N. C., on April 7. 1921, with W. F. Scholl, a notary 
public in and for Caldwell County, N. C., duly commissioned by the governor 



CAIMPBELL VS. DOUGHTON. 


945 


of the State, and his commission expiring on August 11, 1921, as commissioner 
of testimony. 

Present on behalf of the contestant: James I. Campbell, and representing 
the said James I. Campbell, Monroe Adams and W. L. Campbell. 

l*resent on behalf of the contestee: R. L. Doughton, the contestee in person,, 
and Mark Scpiires, Lawrence Waketield, L. S. Spurling, and W. C. Newland, 
as attorneys, and as stenographer to take the evidence Miss Fan Barnett, who 
was duly sworn to take the evidence, a correct transscript make, and return 
for the evidence in this hearing. 

AV. S. COVINGTOX, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Squii;es : 

Q. Where do you live, Air. ("ovington?—A. Lenoir. 

Q. What precinct do you vote in?—A. South Lenoir. 

Q. Do you know Spurgeon Tuttle?—A. Yes. 

What relationship does he bear to you?—A. Brother-in-law. 

Q. Where is his home?—A. Here. 

Q. Do you know whether he was here last summer?—A. He was, 

Q. What is his age?—A. 22. 

Q. Was he a service man?—A. I’^es, 

Q. Do you know when he was discharged from the service?—A. I do not, 

Q. About when?—A, It was in the spring of 1919. 

Q, He was sick and came home about June?—A. Yes, 

Q. How did he vote; do you know?—A. I don’t know. 

Q. His mother lives here?—A. Y^es; and he did, 

Q. Where does he work?—A. He is now in Atlanta, Ga. 

Q, He travels?—A. Yes. 

Q. Do you know whether he voted an absentee?—A. I am not sure, but 
think he did. 

Cross-examination hy Air. Adams : 

Q. Is he a single man?—A. Yes. 

(i. Y’^ou say he makes his home with you?—A. He travels, 

Q. AATiich precinct do you.live in?—A. South Lenoir. 

Whereabouts does his mother live?—A. She lived with me. She is dead 

now. 

Q. Do you know where he makes his headquarters?—A. He is at present in 
Atlanta. He has recently been in Tennessee. 

Q. Where was he at the time of the election?—A. I think he was in Atlanta, 
Ga. 

Q. He is there now?—A. Y^es. 

Q. He has his headquarters there?—A. Y^'es. 

JOSEPH POWELL, witness for contestee, being duly sworn, testified as 
follows: 

Direct examination by Air. Squires : 

Q. In what precinct do you live?—A. Lower Creek. 

Q. Do you know Clara Powell?—A. Yes. 

Q. What relationship does she bear to you?—A. She is my sister. 

Q. AVhere does she make her home?—A. With me. 

Q. Does she come home often?—A. Every few weeks. 

Q. She still regards Lenoir as her home?—A. Y>s. 

Cross-examinafon by Air. Adams: 

Q. How long has Airs. Clara Powell been in Gastonia?—A. Aly recollection, 
about three years. 

(>. Is slie mari’ied?—A. Xo. 

(L A s'ngle woman?—A. A>s. 

Q. What position has she there?—A. Bookkeeper. 

(L Does she make her'home with you?—A. Y"es. 

(^. What relation are you to her?—A. I am her brother. 

Q. For the past three years she has been staying in Gastonia?—A. She has; 
been working there. 

And l)oar Is there?—A. Y>s. 

r)7()95—21-90 



946 


CAMPBELL VS. DOUGHTON. 


Redirect exam’natioii: 

Q. She, I believe, is a landholder in Lenoir, and a taxpayer?—A. Yes. 

J. G. BALLEW, witness for the contestee. heiii.? duly sworn, testified as 
follows: 

Direct examination hy Mr. Squires : 

Q. Where do yon live, INIr. Ballew?—A. Caldwell (V)unty, Lower ('reek Town¬ 
ship. 

(j. Do yon know Mattie May Ballew?—A. Yes. 

Q. AVhat relationship does she hear to yon?—A. Sister. 

(}. With whom does she live?—A. She rooms with me. 

(^ Do yon know the reason of her being absent from the election?—A. She 
was in Tucker’s san torinm in K chmond, Va., for treatment. She had been 
registered here and mailed her ticket in. 

Q. She is a landholder in Lenoir?—A. Y^es. 

(}. And pays taxes here?—A. Yes. 

Q. And in business and of legal voting age?—A. Yes. 

Cross-examinatM)n hy Mr. Adams : 

Q. Yon say IMiss Mattie May was hi Richmond at the time of the election?—• 
A. She was there for treatment in a hospital. 

Q. She lives with yon?—A. Yes. 

Q. What relat on are yon to her?—A. She is my sister. 

Q.^How long had she been in Richmond?—A. She left here during the latter 
part of September; she was gone about six weeks. 

Q. Do yon know before whom she registered?—A. Could not say as to that. 

(}. Was she in the county between September 1 and November 2?—A. Yes, 
sir. 

Q. At what time, do yon remember?—A. This is her home. She lives here. 
She was only gone temiiorarily for treatment at a hospital. I can not say as 
to the date. She was gone about six weeks from tbe last week in September. 
Got out soon after the elect on. This is her only legal residence. 

Q. She has a business in the town?—A. Yes. 

Q. And did at that time?—A. Yes. 

J. A. BOLDINCf, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Squires: 

Q. Do yon know ATola Bolding?—A. She is my wife. 

Q. In what precinct do yon vote?—A. Lower (Jreek. 

Q. State the reason of your wife’s absence on election day?—A. She was 
taken with a severe case of bronch tis about the last of September and was 
confined to her bed for several weeks—^nearly two months. She was unable 
to attend for the purpose of voting in person. She had not sat up for six 
weeks. 

(}. I believe you made the affidavit upon which she voteil?—A. Yes. 

Q. How long has she lived in Caldwell County?—A. Eight years. 

(). She is more than 21?—A. Y’es. 

Cross-examination by Mr. Adams: 

Q. Was there an affidavit exhibited on election day?—A. Yes; I presume so. 

Q. You do not know as to that?—A. No. 

^ Redirect examination: 

Q. The afiidavit, with her tickets, were sealed by you in an envelope, dropped 
in the mail and directed to Russell Presnell, registrar?—A. l^es. 

Recross-examination: 

Q. Do you know whether the vote was cast or not?—A. I suppose it was. 

Q. It is a matter of supposition?—A. I suppose so. 

Q. You do not know that any affidavit was exhibited there to the judges 
when the vote was cast?—A. I know the affidavit was prepared and Mrs. Bold¬ 
ing signed it and mailed it in ample time for the registrar to get it. 

Q. Did you say she signed the affidavit?—A. She signed the certificate. 

(). You signed as a witness? You did not sign but one time?—A. No. 

Q. She signed one time?—A. Yes. 


CAMPBELL VS.. DOUGHTON. 


947 


Q. Tlint was on the certificate stating what kind of a ticket slie voted?— 
A. I don’t know about that. 

Q. As a matter of fact, there was not made out any separate and distinct 
affidavit asde from tlnit certificate stating she was s ck?—A. No. 

Redirect examination: 

Q. Yon swore to the affidavit l)efore me as a notary public?—A.* I did. 
Re<‘ross examination : 

^ Q. Did you swear to tin’s affidavit before tliis vote was put ’n there and this 
ticket with it?—A. I presume Mr. Squires knew wluit he was doing. 

Q. Did you put that afiidavit in the envelope with the ballot’?—A. I don’t 
remember whether the afiidav t was in there or not. 

Q. Did you seal up the t cket?—A. Yes. 

Q. Don’t you know wliether that affidavit was in there then?—A. I took it 
to Mr. Squires, and he said it was correct, and I presume he knew what he was 
doing. 

Q. This was made out at Mr. Squires’s office?—A. I think .so. 

Q. On the day of election?—A. No. Several days before. 

Redirect examination; 

Q. Your wife remained sick past election, didn’t she?—A. Yes; for some time 
Some weeks. 

L. R. HUNTLEY, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Squires : 

Q. Where do you live?—A. In Leno’r. 

<}. What precinct did you vote in?—A. Lower Creek. 

Q. Do you know Thos. Huntley?—A. Yes. 

Q. What is tlie relationship between him and yourself?—A. He is my father. 
Q. Where is his home?—A. On the head of Lower Creek. 

<}. In what town.diiii?—A. Lower Creek. 

Q. M’ho is at the home at pre.sent?—A. IVIy mother and two brothers. 

Q Where s your father at present?—A. He is in Greensboro. 

Q. How long has he been there?—A. Three or four years. I am not sure. 

Q. What is he doing?—A. District manager for the Singer Sewing Machine 
Co. 

Q. Has a position there?—A. Yes. 

Q. How often does he come home?—A. About four or five times a year. 

Q. Do you know whether or not he voted in the last general election in North 
Carol iia?—A. I do not. 

Q. So you do not know whether lie voted an absentee or not?—A. I do not. 

Q. What is his age?—A. About 54. 

Cross-examination by Mr. Adams: 

Q. How many years do you say he has been in Greensboro?—A. Three or four 
years. I am not positive. 

Q. Did he go to Green.shoro when he first left here?—A. He did not.. 

Q. Where did he go?—A. He went to Virginia. 

Q. And then he came from Virginia hack to Greensboro?—A. Yes. 

Q. M’hat work did he do in Virginia’?—A. Same work as he is doing now. 

Q. How often do you say he comes home?—A. Sometimes every couple of 
months. About half dozen times a year, 

Q. Does he own the home where your mother lives?—A. Yes. 

Q. What business was he engaged in before he left here?—A. Farming. 

Q. Does he have a farm here?—A. Yes. 

Q. Any other reason for his living away other than he is employed down 
there?—A. No. 

Redirect examination: 

Q. This lias always been your father’s legal residence?—A. Yes, 

J. A. BUSH, Jr., witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Squires : 

Q. Mr. Bush, in what precinct do you live?—A. South Leiioir. 


948 


CAMPBELL VS. DOUGHTON. 


Q. Do you know Tom Wliisnant?—A. Yes ; I know a man who says his name 
is Tom Whisnant. 

(}. Were you present wlien he testified at the former hearinji:? A. rso. 

Q. Wliat'is the ajje of the man to whom you refer?-—A. He looks like he 
mifrht he about 22 or 25. 

Q. Did you understand he was examined as a w tness at the former hear- 
int;?—A. Yes, 

(>. Were you present with him when he voted?—A. I was not riitht with h m, 
but I saw him vote. 

Q. Who was-with him?^—A. He went in alone. 

Q. Who was with h m before?—A, I was. 

Q. Who else was with you?—A. No one at that time. Mr. 1 nderdown had 
been with us. 

Q. Did you see Mr. W. ('..Moore, jr., about that time?—A. I did not. 

(}. The statement that was made by him that IMr. INIoore took him to the 
polls and voted him is false, is it not?—A. It s false. He did not take him. 

(,). State the eireumstaiu'es umler which his vote was cast.— A. I was cross- 
iiiir the street between Lowei’ Creek volintr ])lace and the South Lenoir votiui? 
plaee. I passed C. ('. Um’erdown and this yoiine: man talkin';. ^Ir. Under¬ 
down .said to me, “ Here is a fellow who wants to vote, hut he is tan.;;led up 
in where he is retristered.” I said to him, “,\Wiat is your nanu*." and he 
. said, “Tom Whsnant.’’ I said, “Have you re.ijistered? ” and he said he had. 
I asked him where, and he said. “Over there,” i)()intiipi; toward Lower ('reek 
voting place. 1 said, “ All right, young man, come with me and I will go with 
you.” I went over and walke 1 to the corner of Harrison's store, and said, 
“ You get on the inside of that roi)e and you can vote.” I sttiyed there and 
watched him, and he went out on the other side. 

(i. You never paid him .$2?—A. Nothing said about it. 

(^). And you gave him no tu‘o’drinks of Equor?—A. No. 

Q. Do you know a man by the name of Vance Keller?—A. Yes. 

(}. What statement, if any, did he make to you on election morning? 

(Contestant, through his attorneys, objects to the evidence on the ground 
that it is hearsay.) < 

A. I was in my car fixing to go down to my house to get my wife to bring 
her to vote. Mr. Keller walked uj) and spoke. He said, “Do you know any¬ 
body that has got any money?” I .said, “I know several that have money, 
what do you want?” He said, “I have got my wife here and we are going to 
get the most out of it we can.” and I said, “ Are you going to sell j'our wife’s 
first vote?” and he .said, “That is the only way we will ever make any money 
out of it.” I said, “ I am going after my wife and bring her to vote and I 
do not intend to sell her vote,” and he said that was the way they could get 
the most money out of politics. I said, “ Have you been offere<l anything? ” 
He said, “Yes; .$60.” I said, “Run and vote and get your money and go 
home right quick,” and he said. “ We are going to get all we can out of it.” 
I drove off and got my wife and brought her to the polls. Mr. Keller and his 
wife was there and went just in front of ms. I said to Mr. Keller. “ Yon 
sold out, did you?” and he said, “Yes.” I said, “Did you get your price?” 
and he said he did. 

Q. What kind of tickets did they have?—A. I didn’t .‘^ee them. He had a 
ticket and his wife had one. 

(). Did she hear the remark he made about selLng out?—A. Yes; she was in 
front of him. 

(). How near do you live to P. A. Healan?—A. I don’t know the distance. 
I pass his place every day. 

(). Do you know his boys, Ed and Claude?—A. Yes. 

(}. M here were they at the time of the last election?—A. I think in Cleve¬ 
land, Ohio. 

(). Do you know where their home is?—A. Lenoir. 

Q. I)o you know whether or not they were .sent to the service bv the draft 
board of Caldwell County?—A. I think .so. I am not positive. 

(j. And their home is in South Lenoir i)recinct?—A. Y^es. 

0. Do you know Roy IMartin, IMr. Tate Martin’s son?—A. Y"es. 

Q. Do you know whether he went to the service or not?—A. Yes* Batterv E 
One hundred and thirteenth Field Artillery. ’ ’ 

Q. Do you know where his home is?—A. South Lenoir precinct 

Q. Absent working last fall temporarily ?—A. Y^es; or in .school. 

Q. His father lives there?—A. Yes. 


I 


CAMPBELL VS. DOUGHTON. 


949 


Ci. He is a yoiinj^ boyV—A. I expect he is 22 or 23. 

Q. Who did Vance Keller tell yon offered him $00 to vote?—A. He didn’t say. 

(.J. Who was with him when he went to vote?—A. .1. M. Smith, the man who 
was running fpr sheriff on the llepublican ticket. 

Q. Hid Vance Keller get to vote?—^^A. No. 

Hadn’t he been registered?—A. He had but his wife hadn’t. 

Q. What happened’/—A. They refused to let his wife vote because of some 
little hitch there, and it took some time to examine the books to see whether 
she was registered; and tinally they refused to let her vote, and she did not 
vote, and he got cross about it and went out without voting also. 

Q. Hid yon see them go out after them to get their money hack?-—A. I can 
not say that they went after them. Mr. E. F. Wakefield and J. M. Smith, the 
men who had brought him in to vote, they went around and caught him after 
he went out and had a considerable talk with liiin. He had the attitude of 
wanting to go away, and they were detaining him as long as he would stand, 
but he went away. 

Q. Yon, I believe, are tax snpervisor for Caldwell County?—A. Yes. I have 
had a talk with Mr. Keller since the elect on was over. This is what I said : 
“ Vance, I might have made yon feel had "ahoiit speaking to yon about selling 
your vote, and I hope yon do not feel had toward me.” He said that was all 
right. He said, “ I pulled off a pretty good joke on those fellows, didn’t I? ” 

(F Anything further’/—A- I said, “ If yon got $60 yon pulled off a pretty 
good joke.” He didn’t say whetlier he got it or not. 

Q. Yon are reasonably familiar with the people of this county?—A. I know 
a good many people. 

Q. Yon saw very near all of them when yon were listing taxes’/—A. I expect 
I did. 

Q. Yon are reasonably familiar with the political parfes which the citizens 
belong to, are you not?—A. Y'es. 

(h Something has been said about the literacy test, or ability to read and 
write. If that had been strictly enforced, considering your knowledge of Cald¬ 
well County and its people, and their i)olitical attiliatioiis, what would yon 
say would have been the result? 

(Contestant, through his attorney objects to the witness testifying as to his 
information in matters.) 

A. I think it would have been a Heniocratic election. 

(). Ho 3 ()n know .1. INI. lUish’/-—A. Yes. 

(}. Ho yon know where he and his wife were at the last election?—A. I do 
not. 

Q. Ho you know where their home is?—A. Either Lenoir or Whitnel. 

(). In e ther instance in South Lenoir precinct?—A. Yes. 

C}. He sometimes went away and worked for a period, but came back?— 
A. Yes ; he has been to West INnnt. 

Q. His home has always remained here?—A. I think so. 

Cross-examination by Mr. Adams ; 

Q. In speaking of J. M. Bush and his wife being in West Point yon mean 
West I’oint, Va.?—A. Yes. 

Q. And they were there at the time of election?—A. I can not say. 

Q. As to the Tom Whisnant vote, in what precinct did yon say he voted?— 
A. In Lower (’reek. 

Q. And voted the Heniocratic ticket?—A. I can not say; I didn’t give him his 
vote. 

Q. As to Vance Keller, did yon say he voted in Lower Creek?—A. In South 
Lenoir. 

(}. And his wife voted, too?—A. No*; neither one voted. They went to South 
Lenoir precinct to vote, but didnt’ vote. 

(). Yon testified at first they did vote?—A. I did not, sir. 

(}. Yon testified, I believe, that he was offered the sum of $60 for their 
votes?—A. I testified he told me that. 

Q. He didn’t say who offered him .$60?—A. No; he did not. 

(}. All this information pertaining to his voting and his wife’s voting is a 
matter of conversation with him?—A. I never talked with his wife, and, as a 
matter of fact, neither he nor his wife did vote. 

Q. Are he and his wife living here?—A. No; they had moved a few days 
before the election into Kings Creek Township, about 8 miles from here. 


950 


('AMPBELL VS. DOUGHTON. 


They liad been living in South Lenoir precinct up to, possibly, a week before 
the elect.on. 

Q. Who challenged their vote?—A. Never liad any challenge. When they went 
to vote IMrs. Keller was in front. The registrar went to look ni) her name 
and didn’t find it—and they never did find it—and refused to let her vote. 

C}. Was he registered on the book?—A. I believe he was; he told me since then 
he was. 

Q. Did they not let him A’ote?—A. They did not try to keep him from voting. 
He told me when his wife could not vote he got mad and would not vote 
himself. 

Q. As to the Healan boys, you say they were living in Ohio at the time of 
the election?—A. They were working there. A great many people went to 
Cleveland to work. 

Q. And are they up there now?—A. I suppose so. 

Q. Are they married?—A. Claude is married, I believe. Newt has married 
since the election. 

Q. And their wives are up there?—A.*I can not tell .vou. 

Q. You do not know whether their wives voted or not?—A. I do not. 

Q. As to Koy INIartin, where did you say he was at the time of election?— 
A. He was not here. I don’t know where he was or where he is now. I 
believe he was at school. ? 

Q. He was in the service; do you know as to that?—A. No. 

Q. Do you know whether he is married or single?—A. Single. 

Q. As to the literacy test I believe you state that the literacy test was 
applied throughout this county?—A. I do not know whether it was rigidly 
applied or not. 

(y In what precinct do you live?—A. I live in South Lenoir. 

Q. It was applied in your itrecinct, was it not?—A. I can not say; I did 
not stay around the polls. 

Q. Did you visit the registration of the voters in any of the other pre¬ 
cincts?—A. I suppose I was around at all. 

Q. Did you know of any discrimination on the part of the registrars as 
against the Republican Party in the application of the literacy test?—A. I 
do not. 

Q. Then upon what ground did you found your opinion that the county elec¬ 
tion would have been Democrat'c if the literacy test had been applied?—A. I 
believe there is more illiteracy in the Republican than in the Democratic Party, 

Q. That being so, how do you account for the appointment of some two or 
three Republican registrars out in some of the precincts to handle the books?— 
A. I do not account for it. 

(}. As a matter of fact, you did not take actual notice of the registration 
yourself?—A. Not a great deal. 

Q. And you would not attempt to say that the registrars did actually dis¬ 
criminate as against anybody?—A. No. 

Q. They are sworn officers, are they not?—A. Yes. 

Q. And you do not want to even charge that they acted impartially?— 
A. I am not going to charge that. 

Q. You think they acted fairly and squarely?—A. I think so, sir. 

Q. Do you know of any Democrats that are complaining about the applica¬ 
tion of the literacy test in any discriminating manner as against them—A. I 
do not. 

Redirect-examination : 

Q. Your father was one of the registrars?—A. Yes. 

Q. 1) dn’t .you hear a great d(‘al of criticism by a certain fain’ly in this 
county because they didn’t let a Democratic woman—IMrs. Winkler—register?— 
A. I think so. 

Q. You mean to say that you know of Democrats and Republicans who could 
not read and write who did vote?—A. \’'es. 

Q. And you think the number who did vote, but could not read and write, 
were more largely Republicans than Democrats?—A. I certainly think that. 

Q. Which one of the Healan boys went off with Rattery E?—A. Claude. 

Q. And he was the one who voted in South Lenoir precinct?—A. I don't 
know; he came back with that regiment from France. 


CAMPBELL VS. DOUGHTON. 


951 


.70HX K. 
follows: 


NEI.SOX, witness for the contestee, being duly sworn, testified as 


I>irect examination by INIr. Squires: 

Q. Are you acquainted with \V. M. Frazier?—A. Yes. 

Q. Where was he at the time of the election?—A. He was at Hickory 
Grove, S. C. 

Q. Had you been working with him?—A. Yes. 

Q. And he was working for the highway commissioners of South Carolina?— 
A. Yes. 

Q. Where had he been working before that time?—A. He worked here with 
the commissioners. 

Q. He was born and raised here?—A. Yes. 

Q. And he maintained a residence here?—A. Yes. 

Q. Where was he rooming?—A, At Smith’s cafe, 

Q. And he voted by mail?—A. Yes. 

Cros.s-examination by INIr. Adams : 

(>. Where did you say his room was?—A. Smith’s caf^. 

Q. And in what [)recinct did you say he voted?—A, Lower Creek. 

Q. As a matter of fact, was not his vote challenged because of having voted 
in North Lenoir?—A, I do not know about that. 

Q. You do know’ he was in South Carolina at the election, and he is a single 
man?—A. Yes. 

Q. And as a matter of fact his people live in Yadkin Valley, or Kings Creek, 
W’hich is it?—A. They did live in the country. 

Q. And his people do not live here in towm?—A. No. 

(,). Tlien you tliink his residence w^as at this caf^ where he w’as boarding?— 
A, He had been here a good w’hile. 

Q. His residence, then, is where he has a room. Why w’as it not moved to 
South Carolina w’hen he went down there?—A. You will have to figure that 
out yourself, sir, I dont’ know^ 

Q. How' long was he in South Carolina before the election?—A. About two 
and a half months. AVe w’ent dow’u together. 

Q. How old is he?—A. About 23. 

Q. Is this the first time he voted?—A. Yes. 


IteMirect examination : 

Q. He calls this his home?—A. Yes. 

Q. He ow’iis a farm in Yadkin. Ihiys taxes in CaUhvell?—A. I don’t know. 
Imagine he does. 

(}. You had been working in South Carolina yourself?—A, Yes. 

Q. Nobody challenged your vote in North Lenoir precinct?—A. No. 

How’ long had you been w’orking there?—^A. About twm months. 

(^. You never considered that your home, did you?—A. No. 


Recross examination: 


in 


(}. Which precinct did you vote in?—A. North.Lenoir. 

(). To whom did you send in your absentee vote?—A. I caiuu home and voted 

person. t* x 

Before whom did you register?—A. I registered before Mr. Bush. 

Q. At w’hat time?—A. I don’t remember the date. 

(}. Mr. Bush was the registrar in the precinct in wdiich you voted?—A. les. 

Q. AA'hat date did you come home—on election day, or before the election? 


A. I registered before election day. 

Q. What day?—A. I could not tell you. o a ai ^ 

Q. How^ long before the election were you home—how^ many days?—A. About 

tw’o or three weeks. ^ ^ . , , . 

Q. When did R. T, Lenoir register?—A. I don t know anything about his 


affairs. 

(). He didn’t come home with you?—A. No. ^ a n 

(,). He was not here much during registration period, w’as he. A. He came 

home near about that time. 

(}. Was he registered or not?—A. I don’t know’. He was at home, I think 
Q. How’ long did you stay -there after election time and w’ork?—A. 1 didn t 

stay but tw^o weeks after tiie election, 

Q. W’bere did you go to then?—A. Came heiie to w’ork. 


952 


CAMPBELL VS. DOUGHTON. 


RICHMOND KARNHARDT, witness for the contestee, being duly sworn, 
testified as follows: 

Direct examination by Mr. Squires : 

Q. Richmond, do you know Charlie Ballew?—A, Yes, 

Q. Did you go to see him on election day?—A. Yes. 

Q. In what condition did you find him?—A. The old gentleman, as I under¬ 
stood it. had had a stroke of paralysis and was very feeble. He is quite old. 

Q. Did you carry him a set of tickets and a certificate for him to sign?—A. 
Yes. 

Q. And he signed it in your presence?—A. Yes. 

(>. Do vou know whether thei-e was a doctor’s certificate furnished him?— 
A. Yes. 

Q. Who signed the certificate?—A. Dr, C. L, Wilson. 

Q, That he was unable to attend the election?—A. Y^es. 

Q. And the tickets and certificate were put n the envelope?—A. Yes. 

Q. To whom did you give the envelope?—A. !Mr. Scholl, I think. 

Cross-examination by IMr. Adams: _ 

Q. What doctor made this certificate?—A. Dr. C. L. Wilson, 

Q. Where was the doctor when he made this?—A. IMr. Squires's office. H 
gave it to Mr. Scholl, and we took it together out to the house, and as soon as 
Mr. Rallew signed it it was brought back by Scholl. 

(}. Did the doctor go out to Mr. Ballew’s liouse that day?—A. No. 

Q. You carried the certificate out there for him to sign, and he signed it out 
there?—A. Yes. 

(}. And then did you put the certificate in the envelope?—A. Mr. Scholl took 
charge of it. Mr. Scholl, the comm ssioner of testimony. 

(}. Did he go out there?—A. Yes. 

(}. Why should the doctor sign the certificate?—A. I suppose he was in a 
position to know more about his health. 

Q. Did he sign it or witness it? 

Q, He did not make any affidavit stafng he was s'ck and unable to attend 
the election?—A. I think not. 

Q. When Mr. Ballew signed up the tickets were they sealed up before they 
left him?—A. Yes. 

Q. When did Mr. Scholl put the affidavit of the doctor in?—A. I think they 
were all put in together, and it was brought back to town. 

‘ Q. Was there, or was there not, an affidav t made by the doctor?—A. There 
was a certificate signed by the doctor, but there was no affidavit, as I rtunember. 

Redirect examination: 

Q. Mr. Ballew. from your observation you thiidv Mr. Rallew was unable to 
attend for the purpose of voting in person?—A. I don’t think he had been to 
town for probably six months before the election. 

Q. You found him in very feeble health?—A. Very. 

(}. And you know him quite well?—A. Yes. 

(). Dr. Wilson is a Republicsin. is he not?—A. I do not. 

Q. He is a regular practicing physician in Caldwell (bounty?—A. Yes. 

DORRIS SMITH, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. W.\kefteld : 

Q. Where do you live, please?—A. 1 live in Ijenoir. 

Q. Are you a freeholder?—A. Yes. 

(>. What precinct do you vote in?—A. Lenoir. 

Q. Which one?—A. South Lenoir. 

Q. Were you at Lenoir during the last election in North Carolina?—A. No. 

(}. State where you were.—A. In Richmond, Va. 

Q. Did you vote in the election?—A. Yes. 

Q. How did you vote, an absentee?—A. Yes. 

Q. What did you do befoi’e you left in order to vote?—A. The day before the 
election I got my ticket from Mr. Squires, sealed it up, and handed it to Mr. 
Squires, 

Q. Did you make a certificate that you were not going to be here?—A, Yes. 

Q. Did yon sign that certificate?—A. Yes. 

And you sealed it up and handed it to Mr. Squires?—A. Yes. 

Q. Is that all you know?—A. Yes. 


CAMPBELL VS. DOUGHTON. 


953 


Q. How loiif? have you livert in Lenoir?—A. I have been here about 11 y(‘ars. 
Q. What is your a^eV—A. Thirty-tliree. 

Q. You are a married man?—A. Y^es. 

Cross-exam nation by Mr. Adams: 

Q. Was your wife with you in Virjjinia?—A. No. 

(}. Was your mother-in-law?—A. No, 

Q. How long did you stay there?—A. I was gone three days on this trip. 

Q. What k nd of a position did you have prior to that time?—A. I worked 
for the Newcomb Dry Dock Ship Building Co. 

Q. At Newport?—A. No; at Hampton. 

Q. How many years did you work there?—A. I was there, I suppose, about 
18 months. iVIy wife was with me at that time. 

Q, You kept house out there?—A. Yes; did light housekeeping. 

Q. Was your mother-in-law there at that time?—A. Stayed five months; just 
visited us. 

Q. When were you back at Plampton, Va.?—A. I was there on the day before 
the election. I went to Hampton and came back to Richmond and was in 
Richmond on election day. 

Q. And then came back here?—A. W'S. 

Q. And have been here ever since?—A. Yes. 

Q. Can you and your wife make oath that you had been residing ‘n the 
State of North Carolina two years next preceding the election under the con¬ 
stitutional requirements?—A. I do not know. I would not say about that. 

Redirect examination : 

Q. When you went to Hamidon, Va., did you go there with the intention of 
■coming back?—A. I certainly did. 

Q. You own property here?—A. Yes. 

Q. Did you leave part of your furniture here?—A. I stored it all here in 
the house. 

(). And you consider this your home?—A. I’^es. 

Q. Pay taxes hei'e?—A. Y>s. 

Recros.s-examination : 

Q. The work upon which you were engaged about the fine you came back 
home, were you discharged, or did you decide to come liack to North Caro¬ 
lina?—A, I worked there until the armistice was signed and the shipbuilding 
'company had been cut out of contracts by the Government, and then I went 
to work in the automobile business and worked in that. 

Q. If the construction work had been continued until this day, and the pay 
had been as good, the probability is you would have been here yet?—A, Not 
likely. No. 

Q. What did you go out there foi’?—A. I was cut out of work h(‘re. I went 
out there to work during the war times. 

A, N. TODD, a witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by iMr. Squires: 

Q. Mr, Todd, where do you live?—A. In Lenoir, Lower Creek Township. 

Q. How long have you lived there?—A. About 2.o years, 

Q. Are you a freeholder?—A. Y"cs. 

Q. Do you know Elizabeth Todd?—A. Yes. 

Q. What relation is she to you?—A. Yly mother. 

Q. How old is she?—A. She is 9.3 years old. 

Q, M’hat is the condition of her health?—A. It is not very good. She is 
feeble 

Q. What was it at the time of election in November, 1920?—A. Slie was 
feeble and not able to get around. 

Q. Did she vote in the last election?—A. Y"es. 

Q. Did she vote an ab.sentee vote?—A. Yes. 

(}. ITider what circumstances or conditions did she vote?—A. She was not 
able to come to town at the time, and Dr. Wh te gave an affidavit and certificate 
in i*egard to her health, and it was signed by the proper officers—registrar, I 
think. 

Q, Did she sign anything?—A, Yes. 

Q. Which doctor made the certificate?—A. Dr, White. 


954 


CAMPBELL VS. DOUGHTON. 


Q. He is a rejiular practicing? physician?—A, Yes. 

Q. What became of her certificate and his certificate and the ticket?—A. It 
was turned over to the registrar. 

Q. In what condition was it turned over?—A. Sealed up in an envelope. 

Q. And delivered to whom?—A. I believe it was Mr. Squires or Mr. Presnell. 
I do not remember which took it. 

Q. And INIr. Squires filled out the certificate?—A. Yes. 

Do you j'eniember to whom it was mailed?—A. To the best of my recollec¬ 
tion I would say Mr. Ih’esnell. 

(}. He was the registrar?—A. Yes. 

F. H. COFFEY, a witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by INIr. Squikes : 

Q. Mr. Coffey, I believe you acted as one of the judges in South Lenoir 
I)rec net at the last general election?—A. Yes. 

C). You have been chairman of the board of county commissioners ofi this 
county for a number of years?—A. Yes. 

Q. What i)Osition did*ytHi occupy with respect to the exemption board?—A. I 
was chairman of that board. 

Do you know Ko.v IMartin?—A. Yes. 

C). Where did he live?—A. He lived in Lenoir. 

(}. Which precinct?—A. South Leno r. 

(). Do .vou know whether he went to the service or not?—A. I think he went 
off in Battery E. 

Q. After he came l)ack, what did he do?—A. I don’t know. He worked at 
Mr. Shakespeare’s phonograph shop awhile. 

Q. Do you know where he is now?—A. I do not. 

Q. His home is in South Lenoir?—A. Yes. 

Q. He is not married?—A. No. 

Q. Tate IMartin, his father, works for you?—A. Yes. 

Q. Now, the.se Healan boys, Claude, do you know him?—A. Yes. 

(}. Did he go into service?—A. Yes. 

Q. From where?—A. He went from here. 

Q. His registration card was lih'd with the board of this county?—A. Yes. He 
went with Battery E. 

(}. Idle registration card was filed with you?—A. Yes. » 

Q. How about the other Healan boy? Was h's registration card filed with 
your board?—A. You mean r)ick? It .seems like he went from Cleveland, Ohio. 

(i. Yon don’t know about that?—A. I am not sure. We didn’t send him away. 

Q. Do you know IMrs. Emma H ekerson?—A. Yes. 

Q. Who is she—sister of your assoc ate in business?—A. Yes. 

Q, Do you know whei'e she lives?—A. This has been her home. She has been 
away at work at different times, but has had her home here for years. 

Q. How long has she been back from K'nston, do you know?—A. I do not. 

Cross-examination by Mr. Ahaais: 

Q. In what precinct d d you .say Mr. Koy Martin lived?—A. South Lenoir. 

In what precinct did he vote?—A. I don’t remember. I was judge of the 
election, but I don’t know whether he voted in i)erson or absentee. 

Q. You were judge in South I^enoir?—A. Yes. 

Q. D'd he vote in either?—A. I don’t remember. 

(}. As to these Healan boys—you say one of them was sent from Oh'o?—A. I 
didn’t .say he was. I said be was not .sent from this board here. I know one 
of them was in Battery E. I have forgotten where the other was sent from. 
He has married s nco the war. 

Q. And his wife is out there?—A. I do not know where the.v are. 

Q. Idiey didn’t vote here?—A. I don’t know. He didn’t live in our precinct. 

Q. They are both in Ohio now?—A. I don’t know. 

Q. Mrs. Emma Hickerson—how long did she stay at Kinston?—A. I don’t 
know. She was at the training school for a while. 

Q. After she left there she came back to Lenoir?—A. Yes. 

Q, Where did she go to next to work?—A. I don’t know. 

(}. Did she go away to work somewhere?—A. I don’t know. 

Redirect examination : 

Q. Mrs. Hickerson owns property here?—A. She has a home. 


CAMPBELL VS. DOUGHTON. 


955 


Kecross-exaniiiiation : 

(}. Is INIrs, Eiiiiiia H ckf^rsoii married?—A. She is a widow. 

Q. Yon don’t know whether she went away to work at other places?—A, I 
think she d d. 

Q. Yon do not know where?—A. I have not seen her around here for some 
time. 


M. L. MINISH, a witness for the contestee, being duly sworn, testified as 
follows: 


Direct examination by Mr. Squires: 

(}. Mr. Minisli,'Mrs. Hickerson is yonr sister?— A. Yes. 

Q. Where is her home?—A. In South Leno r prec net. 

Q. How long has she actually been residing in the house wliere she now 
lives?—A. Somewhere from 12 to 16 years. I would say annmd 16. 

Q. How long has it been since she severed her connection with the Kinston 
school?—A. Two or tliree years, 

Q. She has been actually living in the house with her father for over a year?— 
A. Certa nly; and if I knew the son-of-a-gnn who challenged her vote I would 
1 ke to hit him in the month. They know she lives here. She has owned a home 
here for 15 or 16 years, and this is all the residence slie has ever had, and they 
know it. 

(). Do yon know Itoy Martin?—A. Yes. 

Q, Do yon know where he lives?—A. In South Lenoir with his father. 

Q. Do yon know Sall e Dysart?—A. I do. 

C>. Where does she live?—A. On North Main Street with her father. 

Q. Do yon know Dorris Smith?—A. I do. 

(}. W’here was he dnr ng the election?—A. In Lenoir, except he left here a 
day or two. It is my nnderstanding he left his vote here. He has lived in 
Lenoir precinct 10 or 12 years, jiays h's building and loan there, and was paying 
dues while he was work ng in Virginia, 

Q. Do yon know Mrs. Zaida Tnttle?—A, I certainly do, 

Q. Where is her residence?—A. I do not know where it is novc. Her husband 
is in the revenue service and was apiiointed while he was a resident here. Comes 
back home to vote and has every time since he has been away. They stay in 
various places as his work takes him. 

Q. He pays his taxes here and considers this his home?—A, Yes. 

Q- rio y<Hi know Annie Lee Allen?—A. Yes; I know those Allen girls. 

Q. She worked for the clerk of the conrt. She went off to a business college 
in ('iharlotte last summer, did she not?—A. I do not believe I know. 

Q. Do yon know whether tliey let anybody vote in South Lenoir precinct that 
was not registered?—A. Y>s. 

Q. Who?—A. Jim .Tohnson and AV. K. Setzer. 

Q. AA’hy did they let them vote?—A. I can only tell yon what the judges 
told me. 

Q. What was the'r politics?—A. Republican. 


Cross-examination by Mr. Adams: 

Q. Yon are cliaii-man of the board of elections of this county?—A. Yes; was 
for awhile at the last election. 

Q. Had yon been prior to the elect'on?—A, No. 

6. Did von make use of the cards in yonr registration work, or was it con¬ 
fined to th*e registrars in the precincts?—A. To the registrars in the precincts. 

(}. Did yon liave charge of the registration books, and were the registrars 

under yonr supervision? —A. Yes. . 

(}. In the <*ase of the Ri<‘hhinds precinct, did .von send all the registration 
books out to the registrars before the opening of the registrafon period?—A. I 

sent all I conld find. _ ^ ^ , 

Q. Were some of the books missing?—A. I think we siMit a book to e^ery 

priH-inct. That is my recollection. . . ^ 

(). As to this iirecinct, did the books that were sent out contain the names of 
all the voters in that precinct, or do yon know, or was there some difliciilty as 
to the books in that precinct?—A. The only thing I know is afti'r the election 
was over and the thing closed np we .sent there and got the book, and my under¬ 
standing was that there were about twice as many voted there as were on the 

registration book. 


956 


CAMPBELL VS. DOUGHTON. 


Q. Did yon write a letter out there to some individuals authoriziiij; this 
registrar to let the people vote out there hy reason of the fact that the hooks 
could not he found?—A. I wrote some kind of a letter re£,nirdinj? some one. 

C>. 'Pliat letter was sent out hy reason of the fact that some of the hooks were 
lack ng?—A. They claimed they did not have the ri.ijht’hook. 

(>. You tried to do the best you could?—A. I wanted them to hold a fair 
election. 

(}. You aftei-wards testified that you had to send the sheriff out after these 
books?—A. Sent an oflicer of some k nd. 

Q. They hadn’t been hrou^ht in?—A. No. 

(). In the case of the hooks in Lower Creek precinct, did you send the sheriff 
out for them?—A. No. 

(>. You heard the rej^’ster of deeds testify to the fact that they had not been 
In h's otlice for the pui-pose of the contestant niakinf? his investigation?— A. I do 
not think I did. 

Redirect examination : 

Q. You know that Richlands country pretty well?—A. Yes. 

Q, You used to live there?—A. Y^es. 

Q. I believe you were elected re^; ster of deeds from 1‘atterson Township, in 
which Richlands is s'tuated?—A. Yes. 

Q. Y"ou say we had a whole lot more names in the hooks than they had on the 
books?—A. There were 02 names on the hook, and one of them had been 
scratched out, and they claimed they had voted 122, 

(,). What was the Repuhl can majority, if you rememher?—A, One hundred 
ami twelve, 114, or 100; I don’t remember. 

Q. That rejjistrar u]) there was a Republican, was he not?—A, Charlie Dob¬ 
bins—I think so. That is my understanding. 

Q. They had ri^ht much of a Republican election up there?—A. I think they 
did. 

Q. The letter you wrote was to tell the resjistrars—all of them in the count.v—- 
to not register women that could not read and write?—A. I think so. I wrote 
several letters. 

(>, TIow many of them did you permit to vote that could not read and write?— 
A. You can’t prove that by me. 

Q. What do you thiidc ,about it? 

(Objection by contestant throuij;h his attorney as to the opinion of the 
Avtness.) 

(y What is your l)est impression as to the number of women that voted that 
could not read and write?—A. I would say from 25 to 40. 1 know-tli.it Is a 

conservative estimate. 

Cross-examination hy Mr. Adams : 

Q. lliese books wen' sent out by the secretary of the board and not by you?— 
A. I'es. 

Q. Who was the si'cretary of the board?—A. C. E. Rabb. 

(}. This secretary to the board was secretary to you as chairman of the board, 
Avas he not?—A. Y"es. 

Q. And his acts were the acts of you as chairman?—A. 1 do not know about 
that. He was secretary to all our board. He sent out practically all of the 
tickets and refjlstration blanks. 

How many voters had there been in that precinct, to your knowledge, when 
you lived there?—A. There were only from 40 to .50. 

(,}. And how long have you been away?—A. Twenty years nearly. 

Q. The probability is there were as many as GO names on this book?—A. I 
presume so. 

Q. Don’t you think there are as many women as men?—A. I should th’nk so. 

Q. And if all these women were on the registration book, that would make it 
120?—A. I guess so. 

(}. The women never voted until this election?—A. No. I* have made two 
canvasses of the iirecinct, 

(}. This registrar, was he a Republican or Democrat?—A. He was a Re- 
juiblican. 

Q. What had he been?—A. It was claimed he was a Republican. 

Q. AVhat had he been before?—A. I don’t know. 

SAM TUTTLE, a witness for the contestee, being duly sworn, testified as fol¬ 
lows : 


CAMPBELL YS. LOUGHTO^^. 


957 


Direct exaiirnatioii by INIr. Sqttikes : 

Q. I><) you know L. S. (kiiiiion?—A. Yes. 

Wliere does lie work?—A. Washin,<itoii City. 

Q. Ill the (Government einjiloy?—A. Yes. 

(.,). Where was he when he accepted eiiiployiiienr?—A. C’aldwell Countv 
Lenoir Township. ‘ ’ 

Q. U hat precinct?—A. Ganiewell ))rec'nct. He came liome here and registered 
51 couple of years aijo. He came home numhers of times. I knoAv he was here 
four years ajjo sind e jrht years aj;o. for I took him out. 

(}. And he has voted at Camewell prec net all the time?—A. Yes. 

Q. iNlore than 21 years of ajie?—A. ^ es. He came home to vote until they 
jiassed tins idisentee hiw and always came to our home and visited for a week 
or 10 d<-iys before the election. 

Cross-examiiuifon by Mr. Adams: 

Q. You say he visited your home a few weeks before the election?—A. He dal 
it ever s nee he luis been in Washin.Ljtoii since 1893. 

ii. Then he is a visilor at your house?—A. Yes. 

Q. He is a s niile man?—A. Yes. 

(.}. It be is a v sitor he is not <1 citizen?—A. He has considered this h s home. 
He considered our home his home. 

Redirect exiimination: 

Q. Is he 51 married man?—A. He is now. 

Uecros.s-examination: 

(>. Where is he living; now?—A. W5ishinston C ty. 

Q. When was he livinjr in Salisbury?—A. He never lived there that I knew of. 

Q. Did he work there?—A. No. 

(}. Is h s wife with him in Washington?—A. Yes. 

Q. Did she vote?—A. I do not know. 

(TIARLIK l^NDERDOWN, 5i witness for the contestee, being dulj' .sworn^ 
testified as follows: 

D.rect examination by Mr. Squires: 

Q. Do you know Tom Whisnant?—A. Yes. 

Q. Did you see liim cast h s vote?—A. I did not. 

Q. Did you have any conversation wAli him before he started to the polls be¬ 
fore the election?—A. He came up there to us and .said he wanted to come up 
the next morning as I come, and .S5iid there was a Republiciin wanting him to 
vote with him, 5ind he didn’t want to vote that way. I told him I was going up 
the next day, and if he would come up there he could come with me. He told 
me he wanted me to show him where to vote, and I asked him if he had regis 
tered. He said he had, so I come up and I told him he would vote at South 
Lenoir. He lived there. He went off, and I never seen him no more until in the 
evening. He come to me and I said, “ Tom, have you voted yet,” and he said 
he hadn’t. Said he didn’t know whether he was going to vote, and that was 
the last I seen of him until that evening. 

Q. You d.iln't see him go w.lli Busli to the polls?—A. I did not. 

Q. Y’ou never offered to give him nor two drinks of whisky?—A. No. 

(J. You saw him on the d5iy of election?—A. Yes. 

Q. Y(hi are 51 Democr 5 it?—A. Yes. 

(’ros.s-examination by I\Ir. AoA^srs: 

C). Do you know where Tom Whisnant is?—A. I suppose he is working for the 
Ihirnlmrdt (hmir F5ictory. 

Q. In this township?—A. Yes. Tlmt is where he iuis been working, and I 
think he works there yet. 

W. C. MDDRE, .Tr., 5 i witness for the contestee, being duly sworn, testified as 
follows: 

Direct examimition by iMr. Squires: 

Q. iMr. Moore, did you give Tom Whismint two drinks of liipior?—A. I did not. 

ih Did you give him ^2 to vote the Democrat c ticket?—A. I did not. 

C>. Do you know the boy?—A. I do now. He has been pohited out to me as 
Tom Whismint. I never had seen him to know him until since the election. 

Q. You saw the boy when he was here and testified? —A. I was not here. 


958 


CAMPBELL VS. DOUGHTON. 


Q. Do you know Isabel Hukill?—A. I do, 

Q. Where is lier home?—A. She lived ii Lenoir for some s x or seven years 
to the best of my knowledge. 

Q. Until her husband was appo nted a captain in the Army?—A. Yes. 

After he was appointed to a position in the Army she was court steno^?- 
rapher for the s xteenth and seventeenth distr cts?—A. She was for a period 
of two years or more. 

And occup ed rooms at the Carlheiin Hotel?—A. Yes. 

Q. And kept her furniture stored here?—A. Yes. 

Q. I will ask you if she was not here last summer?—A. She was. 

Q. She always claimed to you that this was her home?—A. She considered 
this her home and spoke of it as her home. 

Q. And her husband was appointed to the service as a citizen of Caldwell 
County?—A, Yes. 

Q. Where did he live when he went away from here?—A. In Lower Creek. 

Q. Where is she now', if you knowC-'—A. I think they are at some camp—Fort 
Oglethorpe, Ca., I believe. 

Q. You testitied on the hearing that you were clerk of the court of this 
county?—A. Yes, 

Cross-examination by Mr. Adams : 

Q. Is this lady you testilied to about voting Isabel Hukill?—A. Yes. 

Q. Did her husband vote here?—A. I think he did. 

Q. You are not positive as to that?—A. I did not see the ticket. 

Q. Was he discharged from the Army?—A. I think he is in the service yet. 

(}. Flow long has he been in' the service, do you know'?—A. I do not. 

Q. Was he employed by the Government at that time as an employee?—A. T 
don’t think he w’as. I think he was commissioned w'hen he w'ent to Washing¬ 
ton City. He went there and was commissioned a captain. 

Itedirect examination : 

Q. He went there to see Mr. Dough ton and got the position?—A. Yes; he had 
recommendations, 

Kecross-examination : 

Q. And he w'as commissioned a captain?—A. That is my understanding. 

Q. Did he ever do any actual service in the Army?—A, Yes; he has been in 
the Army in the Quartermaster Department. He Avas commissioned a captain, 

Q. You do not know' wliether he w’as commissioned as a captain to do the 
work he is now' doing?—A. I do not. 

Q. Do you know' w'here he .s now'?—A. The last I heard of him he was at Fort 
Oglethorpe. Ga. 

(}. His w'ife is there w'ith him?—A, She is at present. 

Q. He voted here tw'o years ago?—A. He has voted here ever since he has 
been here. He sent me the money to pay his taxes w'itli. 

Q. Laid his taxes at this place?—A. Yes. 

Q. I believe you testified on tbe hearing of Mr. Campbell as a w'itness?— 
A. Yes. 

Q. And in your testimony I believe you stated that on different and varied 
applications of the literacy test, in all probabilities the Democratic majority 
would have been 600 in this county?—A. I said if the literacy test had been 
strictly applied this county w’ould have gone Democratic from five to six 
hundred. That is from my know'ledge of the people over the county and their 
political affiliations. 

Q. What W'as tlie Ilepul)iican majority in this county at the last election?— 
A. It W'as a mixed ticket. Part of the Democratic candidates were elected and 
part of the Republicans w'ere elected. 

Q. Do you mean by that that the application of the literacy test throughout 
this county strictly w'ould have disqualified 500 or 600 Republicans?—A. Yes, 
sir; because the Republican Party is more affiliated w'itb the illiterate in this 
county than they are Democrats. 

(F That W'as kiiow'n to you and has been know'n all the time? That is 
your idea of the situation?—A. I had never given it any thought until after 
the election. 

Q. There w'ere many Republicans in the county that actually w'ere disquali¬ 
fied by the literacy test, were they not?—A. I don’t know' of any. Might know' 
of a few cases. 


CAMPBELL VS. DOUGHTON. 


959 


Q. Do you know of any Democrats that were disqualified?—A. I do. 

Q. TiCt us liave the names?—A. Tliree or four Dysons. I can not name them 
over. 

Q. How many votin^r precincts have you in this county?—A. Sixteen, I 
think. 

Q. In the.se 16 precincts, how many Republican reg^istrars are there?—A. 
There are only two that I remember. 

Q. And that would leave 14 Democratic registrars?—A. Yes. 

Q. Mr. Moore, do you feel that your Democratic brothers, to wit, 14 re.gis- 
trars, have failed to keep the faith of their political affiliations and discriminated 
as against you in behalf of the Republican Party to the extent of 6(X) votes in 
this county?—A. We started it with the idea of not eliminating anybody— 
white—that could not read and write, and that was my attitude all the time. 

Q. That is your attitude?—A. Yes; I would rather they would vote. 

Q. Then, according to that, you would prefer that all the white people really 
.register and vote?—A. That was my attitude. 

Q. Do you mean that there were 6(X) Republicans allowed to vote that should 
not have been?—A. I said if the literacy test had been strictly applied it would 
have eliminated five or six hundred that voted the Republican ticket. 

Q. As a matter of fact, did your registrars apply the literacy test in every 
precinct in this county?—A. We did not. 

Q. Are there any complaints that it was applied as against Republicans?—■ 
A. Been no complaint made here. The complaint has come that they allowed 
them to intimidate some of the registrars. 

Q. Didn’t O. F. Poole, of Alexander County., make a speech here in the court¬ 
house in which he charged that the registrar here refused to register a soldier 
on the literacy test?—A. If he did I didn’t hear it. 

Q. You do not deny that thc're were soldiers refused registration in the 
county?—A. I do not know. 

Q. Did you hear anyone testify in the hearing of the contestant that they 
were refused?—A. No. 

Q. You will not sLite they did not testify that?—A. I was not present. 

Q. The reg'strars were acting under the instructions of the chairman of the 
board of elections of this county, were they not?—A. I suppose they were. 

Q. You are an officer of the organization here, are you?—A. Yes. 

Q. What is your office?—A. I was chairman of the execufve committe*^. 

Q. And you do not have the supervision of the registrars?—A. I had nothing 
to do with it. 

M. H. TUTTLE, a witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by INIr. Squires : 

Q. I believe you are a minister and live in South Lenoir precinct?—A. Yes. 

Q. Do you know Zaida Tuttle?—A. Yes. 

Q. What relationship does she hear to you?—A. She is my son’s wife. 

Q. Do you know where her home is?—A. She considers this her home. 

Q. What employment is her husband engaged in?—A. He is in the revenue 
service. 

Q. And has been called upon to do service in several States since his ap¬ 
pointment?—A. Yes. 

Q. When his station had been moved she had gone along with him?—A. Yes. 

Q. Her home, then, is in South Lenoir precinct?—A. She regards South 
Lenoir precinct as her home. 

Cross-examination by Mr. Adams: 

Q. This is your daughter?—A. My son’s wife—my daughter-in-law. 

Q. At the time of election were they living in Salisbury?—A. Yes. 

Q. Housekeeping there?—A. No; boarding. 

Q. And she was staying there with him—man and wife?—A. Yes. 

Q. Salisbury is in Rowan County?—A. Yes. They have always boarded, and 
where he goes to work she goes with him. 

Q. Did your son vote here, too?—A. Yes; he was here at the election. 

Q. How old is he?—A. He is 33, I believe. 

Q. Do you know whether he made any tax returns in this county?—A. I 
don’t believe he pays any tax in the county. 


960 


CAMPBELL VS. DOUGHTON. 


Redirect examination: 

Q. Do you know whether he does or does not?—A. I am not. sure of that. 
It is my impression now that lie does not own any property. 

Q. The same statements yon made with rej?ard to the home of Mrs. Zaida 
Tuttle apply alike to her husband?—A. Yes. 

Q. He was deputy sheriff in this county and was appointed in the revenue 
service from that position?—A. Yes; and has always voted here. 

Q. He pays his poll tax here?—A. Yes. 

Recross-examiuation: 

Q. Do you know he paid his poll tax here for 1919?—A. He paid it here all 
the time. That is my understanding. 

Redirect examination: 

Q. Your son Ben.son voted in Lenoir Township?—A. South Lenoir. 

Q. He was working for the Reynolds Tobacco Co., in Winston-Salem? A. 
Ye.s. 

Q. Where is his home?—A. His home is in South Lenoir. 

Q. He is unmarried?—A. Y’^es. 

Q. Was he in the service?—A. Yes; he volunteered. While I was stationed 
at Hamlet he volunteered from Richmond County and ^yas with the Twelfth 
Field Artillery in the Regular Army, and was in France and fighting all the 
time in the Army of Occupation in Germany. 

Q. When did he come hack from the service?—A. About the middle of Au¬ 
gust, 1919. 

Q. And when he was di.scharged from the service he came to your home?—A. 
Yes; that is the only home he has. 

Q. What is his age?—A. He is 25. 

Cross-examination by Mr. Adams : 

Q. You .say he is working in Winston-Salem?—A. Ye.s. 

Q. A single man?—A. Yes. 

Q. Winston-Salem is in Forsyth County?—A. Yes. 

Q. How long has he been working there?—A. He got home about the middle 
of August and stayed home six weeks, and he left about the last of September 
or October 1. « 

.1. T. ITilTCHARD, a witness for the contestee, being duly sworn, testified 
as follows: 

Direct examination by Mr, Squires : 

Q. IMr. Pritchard, at a former hearing some testimony was taken with refer¬ 
ence to Mrs. Margaret IMartin’s having voted. Mrs. Martin is now your wife?— 
A. Yes. 

Q. She did vote in North Lenoir precinct?—A. Yes. 

Q. And upon objection being raised about it, I will ask you if her name was 
not erased from the poll hook and the ticket taken out?—A. I, in person, went 
before the judges and asked them to take her ticket out, and they told me— 
two of them—they would. 

Cross-examination by Mr. Ad.\ms : 

Q. These two officers told you they would take it out?—A. Yes. 

(}. What was your reason for asking them to take it out?—A. There was 
some objection rai.sed to it, and I didn’t want any (piestion about it, and I 
simply asked them to do it. 

(). She had lived in that precinct prior to your marriage?—A. Yes, 

Q. How long had she lived in that precinct?—A, She came here the last time 
the 1st of Septemlier. She had lieen away off and on for the last year as a 
school-teacher. 

(). Do you know whether the officers did take out the vote?—A. No. I asked 
Mr. Rush after they had counted the vote if they did, and he told me positively 
that he did. 

(}. Where did your wife come from?—A. She was in Asheville la.st year, 
and came here the 1st of September. 

Redirect examination : 

(>. Prior to teaching school in Asheville she lived here with her sister. Mrs. 
Cowles?—A. Yes. 


CAMPBELL VS. DOUGHTON. 


961 


L. M. .JOHNSON, a witness for the contestee, being duly sworn, testified as 
follows; 

Direct examination by Mr. Wakefield: 

M'liere do you live, please?—A. In South Lenoir. 

(.). How long have you lived there, please?—A. I have been here 12 years. 

Q. Do you know Colin .Tohnson?—A. Yes. 

O. What is the relationship between you and him?—A. I am his father. 

Q. Where is his home, please?—A. His home is supposed to be in Lenoir 
with me. 

tl- Do you know where he was during the election?—A. I think he was in 
Loraine, Ohio. Either thei’e or on tlie road between here and there. 

(>. Had he been back home iwior to the election?—A. Yes. 

(,>. I believe you stnted you did pot know how he voted?—A. I do not. Could 
not say he voted at all. 

(}. How old is he?—A. Twenty-four. j 

(). Is he married?—A. No. ' • 

(}. Has he been home since the election?—A. No. 

Q. Do you know whether he is coming home any time soon?—A. Do not. 

Q. How long had he been in Ohio prior to the election?—A. I could not sa.v. 
I think he has been there off and on for the last three or four years. Comes 
home twice a year. 

Cross-examination by Mr. Adams : 

Q. Is he a single man?—A. Yes. 

IMrs. ROBERT ALLEN, a witness for the contestee, being duly sworn, testi¬ 
fied as follows: 

Direct examination by Mr. Squires : 

Q. I believe you are the mother of Annie Lee Allen whose vote was brought 
in ciuestion here at a former hearing?—A. Yes. 

Q. Where is Annie Lee’s home?—A. It is here in Lenoir. 

Q. In which township?—A. Lower Creek. 

Q. With her grandfathei’, I. W. Thomas. Her father died when she was 
quite young?—A. Thirteen years old. 

Q. In the past two years she has taught school in Caldwell County?—A. 
Yes. 

Q. And sometime last summer she went to King’s Business College in Char¬ 
lotte to stud.v?—A. Yes. 

Q. Was she at home during the fall?—A. Last week in August. 

Q. This is her home?—A. Yes; never had any other but this. 

Q. Was she in a business college at the time of the election and prior to the 
election?—A. Yes. 

Q. And taught in Lenoir the year preceding that?—A. Yes; in Kings Creek 
Townshij). 

(}. What precinct did you say she votes in?—A. Lower Creek. 

F. H. MAY, a witness for the contestee, being duly sworn, testified as follows: 

Direct examination by Mr. Wakefip:ld: 

Q. Do you know F. L. iMay?—A. Yes. 

Q. Wliat relationsbip does he bear to you?—A. He is my brother. 

Where is his home?—A. It is liere. 

Q. Your father lived here?—A. Yes. 

Q. He is an unmarried man?—A. Yes. 

Q. How long has this been his home?—A. Since 1916. 

Q. He voted absentee last fall?—A. I suppose so. 

Q. Where was he at the time of election?—A. He was in the Government em¬ 
ploy at Norfolk—Pig Point. 

Q. He was under the jurisdiction of the draft board of Caldwell County 
during the war?—A. I think so. 

Q. Registered here for the draft?—A. Yes. 

Q. Pays his taxes here?—A. Yes. 


57095—21 


61 



962 


CAMPBELL VS. DOUGHTON. 


Cross-examination by IVIr. Adams : 

Q. ]\[r. May, you say your l)rotlier is a sin.irle man?—A. Yes. 

Q, And he works at Pi.5>: Point, Va.?—A. I think that is where he is stationed. 

(}. And has Ix'en tliere for a year or so?—A. About two years—perhaps longer. 

Q. You are editor of the paper in tliis county, are you not?—A. Yes. 

Do you not state in your paper when he comes here that F. L. Mfiy is a 
visitor from Pig Point?—A. I don’t remember wliether any item was made about 
it; but I think if one was made, it would be “ F. L. May is at home for a few 
days,” 

Q. You will not swear it was not in the paper that way —a visitor?—A. I will 
not swear it is in there at all. 

Q. As a matter of fact, when he comes home you \A'ould show him the courtesy 
of putting his name in the paper?—A. If I thought about it. 

$ 

W. H. SHEIIRILL, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by INIr. Squires : 

Q. You have been working in Washington for a year or so?—A. Yes. 

Q. The Harding administration separated you from your job?—A. Some¬ 
thing did. 

Q. You are acquainted with Margaret Martin and Mrs. Wolfe?—A. Yes. 

Q. And II. y. AVolfe, her husband?—A. Yes. 

Q. In what work was he engaged last fall?—A. He was in the Interior Depart¬ 
ment, as I understood it. 

Q. In Government service and living with his wife?—A. Y>s. 

Q. In the District of Columbia?—A. Yes; under civil service. 

Q. Prior to the time of his appointment he was a resident of Lower Creek’ 
precinct?—A. Yes. 

Q. I>o you know Luther Cannon?—A. Yes. 

Q. What job has he?—A. He is in the Treasury Department. 

Q. And a resident of the District of Columbia?—A. Yes. 

Q. Claims his citizenship here?—A. Yes. 

Q. And was appointed an official here?—A. That is my understanding. 

Q. Do you know Capt. Hukill?—A. Y'es. 

Q. Where does he live now?—A. I don’t know. 

Q. Did you ever see him in Washington?—A. I have seen him there. 

Q. You don’t know whether he is living there or not?—A. I do not. 

Cross-examination by Mr. Adams: 

Q. Mr. Sherrill, did you, during and at the time of election, have one of the 
so-called Harding Negro pictures?—A. I did not. 

(}. Have you one now?—A. I have not. 

Q, In whose hands did you see one of these?—A. I do not remember; some¬ 
body on the street. 

Q. Did you have one in your room where you resided?—A. No. 

Q. At no time?—A. No. I did come up to the clerk of the court to get one and 
could not find it. 

Q. Did you have information that the clerk of the court had such picture in his 
possession?—A. No. 

(}. At whose instance did you go to the clerk of the court to get one of these 
pictures?—A. He was one of the officers, and I came up to inquire about it. 

Q. Had some hojies of finding one there?-.—A. No. 

Q, The clerk of the court is chairman of the executive committee of the 
Democratic I’arty in this county, is he not?—A. Yes, 

Q, As to these voters ypn spoke of here. I did not understand in what depart¬ 
ment you said ]Mr. and Mrs. Wolfe were employed?—A. Mrs. Wolfe was not em¬ 
ployed by the Government that I know of. Mr. Wolfe is in the Interior Depart¬ 
ment, so he told me. He was in the Capitol as a policeman, and then he took the 
civil service and was appointed in the Interior Department, as I understood. 

Redirect examination: 

Q. Did you see that co-called Harding Negro picture in Washington?— 
A. Never did. 

Q. Did you ever hear of it while you were there?—A. Not until I came here. 

(^. Did you hear of it up there after you went back—A. Yes. 

Q, Heard Democrats and Republicans both talking about it?—A. Yes. 


CAMPBELL VS. DOUGHTON. 963 

Q. And ill other districts than in the eighth district of North Carolina?— 
A. Yes; I have heard it. 

(i. And despite the Negro picture, the next Congress is Republican, and inci¬ 
dentally, because thereof, you were separated from your job?—A. Yes. 

Recross-examination: 

Q. From your knowledge and experience in jiolitics in campaigning and 
as to the mode of conducting a campaign, what effect, if any, would a picture 
and circulars of this nature have in a county or State in the South used as 
a campaign circular by anybody?—A. I consider that that picture helped the 
Republican Party. I thought it did. 

Q. In the Southern States?—A. Y^es; here. 

Q, Do you consider that the Democratic Party was poor enough in diplomacy 
to design this for the Republicans’ aid in the South?—A. I never considered the 
Democratic Party had anything to do with that. 

Q. ^\■lly did .m)u go to Mr. ivunu’e, the (rliainiian of the Democratic Party, to 
get one of those pictures?—A. 1 went to iiKpiire. I wanted one. 

J. T. TOLBERT, witness for the coutestee, being duly sworn, testilied as 
follows: 

Direct examination by Mr. Sqiuhes : 

Q. Y^ou live in Little River Townshi]i?—A. Y’'es. 

Q. Were you present at the hearing here before?—A. No. 

Q. Do you know Oleve Holsclaw?—A. \>s. 

(}. There was some evidence offered by him at a former hearing that he was 
an ex-service iimn and had hot been permitted to vote because of failure to com¬ 
ply with the literacy test. I will ask you if he is not a known desei-ter from 
the United States Army?—A. Y^es. He dodged and stayed out until right close 
to the last and came in and went. 

(h Do you know whether he was court-martialed or not?—A. I do not. 

(}. Now, the other Plolschiw. Hub lie went to the penitentiary did he not?—• 
A. He was tried here for burning a barn. 

Q. You were at Little River on election day?—A. Yes. 

Q. There was something said about some absentee ballots that were not per¬ 
mitted to be opened that were brought there by IMr. Roberts. Do you know 
the facts about that, or had we best wait for Mr. Jones?—A. I know something 
about it. They brought those absentee votes up and they were objected to for 
the simple reason that they had been turned over to one Roberts; Ylr. John 
Roberts had turned those over to Cub Robimts, and Cub had carried them to 
Mr. Downs. I think that was the objection. 

Q. They were not put in the mail?—A. No; that was the objection, and they 
hail changed hands a number of times. 

Q. Wei‘e there any absentee votes voted there that day?—A. Y"es. 

Q. These absentee votes that Mr. Roberts brought up, did they have a 
lihysician’s certiUcate that they were sick and unable to come?—A. T think not. 
My recollection is that there was an affidavit. I would not be positive. I heard 
arguments that the reason why they were not received was because they were 
not sent by the medium of the mail to the registrar. They had stayed in Mr. 
John Roberts’s hands, and some one else went and got those absentee votes 
and IMr. .Tohn Roberts had carried tliose votes to his brother and they had been 
])ut in a large envelope and that envelope was sealed, and I think that had 
been in the mail, if I recollect right, but they were both put in a large euvelojie, 
and the outside was addressi'd to IMr. Cul) Robei'ts, and whether the inside 
ones were addressed to the registrar or not, I am not sure. 

(’ross-examination by IMr. Adams: 

Q. What kind nf absentee votes were these you are discussing. Democrat or 
Republican?—A; They were Rejuiblican. 

Q. How many were there?—A. Two. 

Q. Whose votes weiv they?—A. Laura Sipes and Luke Gilvert. 

(>. Did tlu'y vot(‘ these votes?—A. No; tlu'y did not. 

Q. Kei)t them out for what reason?—A. They thought they were illegal. 

(j. Upon what grounds?—A. They didn’t thuik they had been put in the 
mails, and were not addres.sed to the proper parties, and went through too 
many hands. 

O. Did they ojam up these votes?—A. T don’t know whether they opened them 
or not. I am not sure. 


964 


CAMPBELL VS. DOUGHTON. 


Q. Is that tlie only ^rround they refused to vote them on, because they didn t 
come thi‘oug:h the mail?—A. Not altoj 2 ;ether, hut they had heen in too many 
hands. They had not come in the lei^al way. 

Q. How many hands do they have to come in?—A. T don’t know. I am not 
up on that. I am tellin<? you what the objections were. 

Q. Would you think if an ah.sentee vote was made uji and put in the hands 
of INIr. Squires, and then Mr. Squires put it in the hands of the‘registrar, it 
was a lepd vote?—A. I don’t know. That hadn’t heen that way. It had been 
like this: Suppose I would fret an absentee vote and come to you and fret yours,, 
and I was to fret that then and put them in a larfre envelope, and address them 
to I^Iark Squires and he would open those and inside of that would be two 
addressed to somebody else, and he would take those out and carry them ta 
the other parties. 

Q. The votes were sealed in this inside envelope and addressed to the refris- 
trar?—A. I don’t know. I think, the inside ones were, and the outside was- 
addressed to Roberts. I would not be positive. The inside, I think, were ad- 
dresse<l to the refristrar. 

Q. And that was the objection?—A. Yes; or a part of it. 

Redirect examination : 

(). You say you think Hub Holsclaw was sentenced from this court?—A. 
Tho)*e were two of tho.se boys—brothers—one went to the Army and the other 
to the penitentiary, and I dim’t know which we had up here. 

(}. You do know that (heve Holsclaw was a deserter?—A. Yes. 

Q. Known as a deseider?—A. Yes. 

Recross-examination : 

Q. I>o you know he is known as a deserter?—A. Yes. 

Q. \V:!S he tried before a court in the Army?—A. I don’t krmw. 

Q. Did he serve any term in prison?—A. I don’t know. He dodged to the 
last, and then went to camp. I don’t know what they done to him. 

Q. He did go to the camp?—A. Y’es; it is reported he did. 

Redirect examination: 

Q. A good many soldiers went from up here, did they not?—A. I think so. 

S. S. TRIPLETT, witness for the contestee, being duly sworn, testified as; 
follows: 

Direct examination by Mr. Squires : 

Q. Mr. Triplett, do you know Florence E. Boyd?—A. Yes. 

Q. What relationship does she bear to you?—A. She is my wife’s sister.. 

Q. In what precinct does she live?—A. Lower Creek. 

Q. Was she at home last summer?—A. Last September. 

Q. In what State is she working?—A. In Kentucky. 

Q. What does she do?—A. She is a trained nurse. 

Q. Where is her home?—A. Her home is with me. 

Q. Does she own property in Lenoir?—A. Y’es. 

Q, Pay tax on property here?—A. Yes. 

Q. Her father was former sheriff of this county?—A. Yes. 

Q. Born and raised here, and had no other home than Caldwell County?— 
A. No other home. 

Q. She is not married?—A. No. ' 

Cross-examination by Mr. Adams : 

Q. She is a single lady?—A. Yes. 

Q. How long has she lived in Kentucky?—A. About three years. 

Q. And nurses there?—A. Y’es. 

.T. AV. HARRIS, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Squires : 

Q. Ylr. Harris, do you know Ralph E. Harris?—A. Y’es. 

Q. AVhat relationship does he bear to you?—A. My son. 

Q. AVhere did he vote last fall?—A. Y’oted here. 

Q. AA’hich precinct?—A. South Lenoir. 

Q. Where was he on election day?—A. I do not know whether he voted at all 
then or not. 


CAMPBELL VS. DOUGHTON, 


965 


Q. Was he out of the county at that time?—A. Yes. 

<}. Where was he working?—A. At Charlotte. 

Q. What was he doing there?—A. He was working in a supply shop. 

<). Is he unmarried?—A. Yes. 

Q. And his home is with you?—A. Yes. 

Q. I will ask you if he was not sent to the Army by the Caldwell County 
draft hoard?— A. No; he volunteered. ' » 

Q. Did he go with Battery E?—A. He went ahead. 

Q. He registered for the draft in this county, and this has always been his 
home?—A. Yes. 

Q. And you live here?—A. Yes. 

Cross-examination by Mr. Adams : 

Q. How long has he been working in Charlotte?—A. A little bit over a year. 

“Q. And is a single man?—A. Yes. 

Q. With whom does he work down there?—A. I forgot the name. It is in a 
sash and door factory. * 

.TOE L. WARREN, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Wakefield : 

Q. Mr. Warren, you had a boy that voted in Lower Creek Township last 
election. What was his name?—A. Thomas L. Warren. 

Q. Where was he?—A. Chapel Hill. 

Q. Where is his home?—A. Lenoir, Lower Creek Township. 

Q. Has he ever lived anywhere else?—A. No. 

Q. What is your other boy’s name?—A. Charlie. 

Q. Where did he vote?—A. Lower Creek. 

Q. Is he in school?—A. Yes; A. & E, College. 

Q. Has he ever had any other home than Caldwell County?—A. No. 

Cross-examination by Mr. Adams : 

Q. What time did your son go to the university this year?—A. At the begin¬ 
ning of the term, September. 

Q. How old is he—your son at the university?—A. He is 23 or 24. 

Q. Did he vote here in 1918?—A. No; I think not. He was across the water. 
Probably one did. One didn’t send back; the other did. Charlie sent his back. 
He was in the Eighteenth Field Artillery. 

Q. Do you know when, and how, he registered?—A. No. 

Q. He was away at registration period?—A. It strikes me that he registered 
before he went oft to school. I am not sure. 

Q. Did he write you anything about registering him after he went to col¬ 
lege?—A. If he di(i, he wrote it to my wife and she never said anything 
Jibout it. 

Q. Was be here during last summer?—A. No. 

Q. Where was he?—A. He was in Virginia. Took a job for selling books. 
House-to-house work. He was away GO days and then come back and stayed 
here until school opened. 

Q. Stayed there 60 days?—A. Between 50 and 60. 

Q. When did the university let out, if you remember?—A. It was in June, 
possibly. I disremember. 

Q. Was it on ^lay 1st?—A. Later than the 1st. 

Q. About the last of May?—A. I don’t remember. 

Q. The l)oys are both over 21?—A. Yes. 

Q. And you say Tom was here a few days last summer?—A. He came in 
July and stayed here until school opened. 

J. C. JONES, witness for the contestee, being duly sworn, testified as fol¬ 
lows ; 

Direct examination by Mr. Squires ; 

Q. Mr. Jones, you had two boys off at college last fall?—A. Yes. 

Q. You live in lA>wer Creek?—A. Yes. 

Q. Were they both of age?—A. Yes. 

Q. They were here last summer?—A. Yes. 

Q. And they voted absentee?—A. Yes; both of them. 

Q. Where were they in school?—A. J. R. was at Davidson. 


966 


CAMPBELL VS. DOUGHTOIS-. 


Q. Wliere was J. Hope? In school?—A. He was not at school only part of 
the time. He was at home. 

Q. Where was he at the election?—A. He was at home. He was at home 
until fall, ami he went to Hickory and sent his vote in from there.—A. Both 
are unmarried?—A. Yes. 

Q. And both keep their home with you?—A. Yes. 

Cross-examination by Mr. Adams : 

Q. Which one of these sons was in Hickory?—A. .T. Hope. 

Q. What does he do?—A. In a hotel—a clerk—something like two months. 

Q. Was he there at the time of the election?—A. Yes. 

Q. And not in school at that time?—A. Not at that time. 

Q. And sent an absentee vote from there?—A. Yes. 

Q. Hickory is in Catawba County, is it not?—A. I think so. 

Q. He is a single fellow?—A. Yes; both of them are single. 

Redirect examination: 

Q, Prior to his going to Hickory he was in college?—A. Yes. 

Recross-examination; 

Q. L>id he vote absentee?—A. Yes. 

.1. K. MARTIN, witness for the contestee, being duly sworn testified as fol¬ 
lows : 

Direct examination by IMr. Wakefield : 

Q. ]Mr. Martin, do you know Jas. Roy Martin?—A. Y^es. 

Q. Where is he now?—A. He is in Knoxville, Tenn. 

Q. How far is his home from yours?—A. About 50 yards. 

Q. He is your nephew?—A. Yes. 

Q. He went to the Army from Caldwell County?—A. Yes. 

Q. And has lived here all his life?—A. Yes. 

Q. And still considers this his home?—A. I think so. 

Q. Is more than 21 years of age?—A. Yes. 

Q. And not married?—A. Y^es. 

Cross-examination by Mr. Adams : 

Q. How long has he been in Knoxville?—A. Something like a year. 

Q. Is he working out there?—A. Yes; in a printing office. 

Q. And sent in an abs(‘ntee vote?—A. I think so. 

Q. A single man?—A. Yes. 

Q. In Knoxville, Tenn.?—A. \’'es. 

(This hearing convened on Friday, April 8, 1921, at 9.80 o’clock in the county 
of Caldwell, from the adjournment taken yesterday, with the sjime attorneys 
appearing on the part of the contestant and contestee as of yesterday.) 

E. S. HARRIS, witness Ru’ the contestee. being duly sworn, testified as 
follows: 

Direct examination by IMr. SgiUKEs : 

(}. Do you know W. A. Harris?—A. Yes. 

Q. What relationshii) does lie bear to you?—A. My brother. 

Q. Where was he reared?—A. Hei’e in town. 

Q. Did he go to the service?—A. Yes. 

(}. He registei’ed with the draft board of Caldwell fVninty?—A. Yes. 

Q. M'here is his home?—A. It is here. 

(). Whei-e does he work?—A. He is travel'ng for a soap company in Tennessee. 
(). But his home is here with you and his father?—A. Yes. 

Cross-exain'iiation by Mr. Adams: 

(}. How eld is your brothel’?—A. I think about 28. 

(}. M’here doc's he make his headcinarters as a traveling salesman?—A. In 
Nashville, Tenn. 

(). How long has he lieen there?—A few months. 

(). Where were they before he adopted Nashville. Tenn., as h’s head¬ 
quarters?—A. He was in and out from here before he went to the service. He 
worked at Maxton, awhile. 

Q. Is he a single man?—A. Yes. 

Q. Where was he at the t me of the election?—A. He was in Tennessee. 


CAMPBELL VS. DOUGHTON. 


967 


Q. Sent his absentee vote in from Tennessee?—A. I suppose so. 

Q. And is still out there?—A. Yes. 

Redirect examination: 

Q. His father lives here?—A. Yes. 

Q. And his motlier lived and died here?—A. Yes.^ 

Q. And he considers this his home?—A. All he had. 

Recross-examination : 

(}. \"oii are expectinjr him to abandon Tennessee and return soon?—A. He 
wrote his father he would he here in the next month or so. 

Q. Prior to that time you did not know where he would be?—A. Only what 
he wrote. 

Q. He went away expectinjr to stay?—A. No. He was workinj; for the Rey¬ 
nolds Tobacco Co., and when he took the job with them he didn’t know what 
territory he would be assijrnod to. He worked in and out of here for the first 
several months, and soniethinji like less than a year he has been in Tennessee. 

Q. Was he a travelin.t; salesman for the Reynolds Tobacco Co.?—A. He was for 
a while. 

Q. \\'here was he located then?—A. In this State, and was then transferred to 
Tennessee. 

Q. He had headquarters at Winston-Salem?—A. I think Raleigh. 

W. W. TATE, witness for the contestee. being duly sworn, testified as follows: 

Direct examination by Mr. Squikes : 

(^. Do you know Maude Tate?—A. Yes. 

C. What relationship does she bear to you?—A. iMy daughter. 

Q. What is her occupation?—A. Teacher. 

Q. Where is her home?—A, Lenoir. 

(}. How long has she lived here?—A. Fourteen years. 

(^. Where was she last election?—A. In Mebane teaching school. She came 
back hei-e the summer before and spent the summer here. 

(’ross-exam nation by iMr. Adams: 

Q. Did she teach in Mebane last year, or the year prior?—A. The year prior. 
She {taught in iMebane last year and is teaching there this year. 

Q. She is a single woman ?-^A. Yes. 

.1. M. WILSON, witness for the contestee, being duly sworn, tesffied as 
follows: 

Direct examination by Mr. Squires: 

(}. What township do you live in?—A. South Lenoir. 

(i. Have you a daughter Jessie?—A. Yes. 
cj. Where* is her home?—A. With me. 

(}. Where was she last fall at the fine of the election?—A. She was in 
Florida. 

Q. What was she doing there?—A. Teaching school. 

(}. How long has she been teaching in Florida?—A. Went there last fall. 

Q. She is a single woman?—A. Yes. 

Q. Where is her home?—A. In Lenoir with me. 

Q. Have you another daughter?—A. Yes. 

Q. Did she vote an absentee vote?—A. I think not . 

Q. ^^'here is she?—A. I have two, one in Rocky Mount, and the other in 
Lexington. 

(i. What are they both doing?—A. Teaching. 

Q. Are they both single?—A. Y^es. 

(). What is her given name?—A. Della. , 

Q. Where is her home?—A. It is with me. 

Q. What is your other daughter's name?—A. Annie. 

Q. Where is she?—A. In Lexington. 

Q. Was she there at the last election?—A. Yes. 

Q. Is she single or married?—A. Single. 

Q. Where does she live?—A. She lives with me. 

What is her occupation?—A. She is a teacher. 

Q. Thev all spent last summer with you, did they?—A. Yes. 


968 


CAMPBELL VS. DOUGHTON. 


Cross-examination by Mr. Adams : 

i}. They all voted an absentee vote here, did they not?—A. I think not. I 
think just one. 

Q. Are they old enough to vote?—A. Yes. 

Q. How loiif? have they been teaching??—A. One of them three or four years. 
Jessie, the one in Florida, has just been teaching? this term. Since she left 
school up here she has taught one term. 

Q. How long have the other two taught?—A. I think one has taught four and 
the other three. 

(}. Which one taught four years?—A. Annie, the oldest one. 

Q. They are all of age?—A. Yes. 

Q. And been teaching away from this county—each one of them?—A. Yes. 

Q. And were away at the last election?—A. Yes. 

(}. At places teaching in other counties?—A. Yes. 

Q. And one in Florida?—A. Yes. 

Mrs. EMMA HICKERSON, witness for the contestee, being duly sworn^ 
testitied as follows: 

Direct examination by IMr. Squikes : 

Q. Mrs. Hickerson, where do you live?—A. In Lenoir. 

(j. How long have you been a resident of Lenoir?—A. Fifteen years. 

Q. During that time have you had a citizenshii) anywhere else?—A. My home 
luis always been in lienoir. I worked in Kinston four years. 

Q. You were an employee of the Caswell Training School?—A. Yes. 

Q. Plow long since you left the school?—A. Three years in June. 

Q. And you have actually been here ever since you left the school?—A. I 
visited for a few months, hut never left here. 

(h’oss-examination by Mr. Adams : 

Q. Mrs. Hickerson, during the past three years you claim you have resided 
here; have you worked at other places?—A. No. 

C^. Did you vote here?—A. Yes. 

Q. Absentee or in person?—A. In person. 

Q. Which precinct did you vote in?—A. I voted in South Lenoir. 

Q. Is that the precinct you live in?—A. Yes. 

Prior to the election you had not been living anywhere else since the time 
you came from Kinston?—A. No. 

Q. You were a nurse at Kinston?—A. Yes. 

J. H. BPIARD. witness for the contestee, being duly sworn, testified as fol¬ 
lows : 

L^irect examination by Mr. Sqiures : 

(}. Mr. Beard, do you know Mrs. .lane Powell?—A. Yes. 

(}. Did you have occasion to go to her home last election day?—A. I did. 

(>. AVith whom?—A. Herschel Hoover. 

(}. At whose reciuest, do you remember?—A. I disremember. 

(}. Did she vote an absentee ballot?—A. She did. 

(}. In your precinct?—A. Yes. 

Q. Signed the certificate?—A. Yes. 

Q. Who witnessed it?—A. Her husband, Herschel Hoover, and myself. 

Q. Who made the afiidavit about her not being able to go to the election?— 
A. We had a certificate. 

Q. From whom—the doctor?—A. Yes; it was a doctor’s certificate, I think 
(}. Whose; do you remember?—A. I disremember. 

Q. I hey had a doctor .s certificate, and the certificate and the paper she 
signed were put with her tickets in an envelope? What was done with them'?— 
A. They were sealed and Mr. Hoover brought them back. 

Q. Do you know whether he put them in the mail or not?—A. No. 

Q. What is her name?—A. Jane Powell, Mrs. Haywood Powell. 

(^. And you drove the automobile; and Herschel Hoover was her old-time 
neighbor?—A. Yes. 

Cross examination by Mr. Adams ; 

Q. You say you all went to her home on election day?—A. Yes. 

Q. AVho went with you?—A. Herschel Hoover. 

Q. Who is Mr. Hoover*?—A. Just Mr. Hoover. 


CAMPBELL VS. DOUGHTON. 


969 


Q. Is he an election oftieer?—A. No. 

(}. Whose doctor’s certificate was made ont?—A. I could not say. 

(}. Who had the doctor’s certificate?—A. Mr. Hoover. 

Q. Did yon come hjick with Mr. Hoover to hriiis the vote?—A. Yes. 

(}. To whom did Mr. Hoover jjive that vote?—A. I could not say. He got out 
at the square. 

Q. Did the doctor go down there with yon all?—A. No. 

Q. Who put the ticket and certificate in the envelope?—A. It was put in at 
iNIr. Powell’s. 

Q. Who put it in?—A. I think Mr. Hoover did. 

Q. Did he seal it up?—A. Yes. 

Q. It was the vote of ’Mi-s, I’owell?—A. Y^es. 

Q. Where was INIrs. Powell that day?—A. She was in the house. 

Q. What was she doing?—A. I don’t know what. 

Q. Did yon go in?—A. Went on the porch. 

Q. Did yon see her?—A. Y>s. 

Q. Did she go ont on the ])Orch?—A. No. 

Q. Did she come out in the hall?—A. She was in the room; she was not out 
of the room. 

Q. Where did she si.gn this certificate?—A. In the room. 

Q. Did she write her name?—A. Y^es. 

Itedii’ect examination: 

Q. Is that the certificate slie signed?—A. Y>s. 

PINK POWELL, witness for the contestee. being duly sworn, testified as 
follows: 

Direct examinaticm by Mr. Squiims : 

Q. Do you know John H. Puett?—A. Y^es. 

Q. How long have you known him?—A. About oO years. 

Q. Where does he live?—A. He lives 2 miles east of Lenoir. 

Q. How close to you?—A. About a half mile. 

Q. Where is his home?—A. His home is where he lives. 

Q. How long has he been there?—A. Fifty years. He was horn there, and 
his gra 'dfather. 

Q. Where was he last election?—A. He was in Savannah. 

Q. What was he doing?—A. He crot a job out there about a year ago. 

Q. Still I'uns a farm here?—A. Y"es. 

Q. Comes home every little while, and his sister is still there?—A. Y'es. 

O. He ])ays taxes?—A. He says he does. 

Q. And owns land?—A. Yes. 

Cross-examination by Mr. Ad.\ms: 

Q. Was this .Tohn H. Puett?—A. Yes. 

Q. When did you say he went to Savannah?—A. He went there a year ago in 
January. 

Q. That is in Georgia?—A. Yes. 

Q. He is not married?—A. He ^s married now. 

Q. Was he married then?—A. No. 

Q. When did he marry?—A. Christmas Day. 

Q. He was a .single man at the election, and was in Georgia?—A. Y>s; he was 
in Gt'orghi at the election. 

Kedirec't examination : 

Q. You say he lived here 50 years?—A. Yes. 

J. A. HABY", witness for the contestee, being duly sworn, testified as follows: 

Direct examination by Mr. Squires: 

Q. Do you know Bessie Baxton?—A. Y’^es. 

Q. What relationship does .she hear to yon?—A. She is my wife’s sister. 

Q. How long has she lived with you?—A. I reckon about three years. 

Q. Where is her home?—A. It is at my house. 

Q. She is .single?—A. Y’'es. 

Q. Where was she working last election?—A. She had been at Elmwood 
Hotel, High Point. 


970 


CAMPBELL VS. DOUGHTON". 


(>. Dots sho own property in Caldwell County?—A. No real estate. She has: 
her personal property at my house and counts that as her home, and has foi- 
y^ears. Ever since her father died. 

Q. AVhere was she horn and raised?—A. Kings Creek Township, this county. 

Cross-examination hy Mr. Adams : 

Q. AVhere did she vote last election?—A. In this township. 

(>. lA)wer Creek?—A. Yes. 

Q. And she was raised in Kings Creek and was liv’ng at High Point about 
a week before the election. She was working there at election?—A. Yes. 

Q. That is in (lu’lford County?—A. I think so. 

Q. She is a single lady?—A. Yes. 

Q. And was at the time of election?—A. Yes. 

Y., D. MOORE, witness for the contestant, being duly sworn, test tied as- 
follows: 

Direct examination hy IMr. SpiURES : 

Q. Mr. Moore, you know Lill e C. IMooi'e. or ]Mrs. Y. D. Moore?—A. Yes. 

Q. She voted absentee last election?—A. Yes. 

Q. She is your wife?—A. Yes. 

Q. AVhy did she vote an absentee vote?—A. She was not able to get here. 

Q. She lod suffered a stroke of paralysis shortly before the election?—A.. 
For some time. 

0. She has not been out of the house for months?—A. No. 

(>. Did Dr. Houck make the cej’fficate?—A. Yes. 

Q. That is her signature?—A. Yes. 

Contestant objects to the introduction of certificates and affielavits of Lower 
Creek hy reason of the fact that they were not in evidence at the hearing of 
the contestant for the i^urpose of h's making investigation of the same. 

(’ontestant, through h s attorney, further objects to the attorneys of the 
contestee taking certilicates and affi lavits in his hands and using them in- 
cross-exandnation when the attorneys of the contestant did not have the same 
in the hearing of the contestant. 

Counsel for the cpntestee proj^oses to exhibit, offers and tenders to counsel 
for the contestant the cert’ficates, affidav ts. and papers that the counsel for 
the contestee and the witness hnve referred to. 

To which the attorneys tor the contestant rejoin and state that they asked 
the reg ster of dee ls of this county, the pi-oper custodian of the returns, for 
the same.'and he stated in his examinafon foi- the contest-Mit that the same 
were not and had not been in his office, and as to the identity of those in at¬ 
torneys’ hands, the contestant and h's attorneys now acting do not know any¬ 
thing about them. 

Q. She was unable to attend the polls and that certificate was made hy the 
doctor of her inahiPty to come and was mailed to the registrar, and she voted' 
a Democratic ticket?—A. Yes. 

Ch'oss-exam'nation hy Mr. Ad.\ms ; 

Q. Was this certiticate made in your presence?—A. No. 

Q. You did not see the cei-titicate?—A. No. 

S. J. STOKES, witness for the contestee, being duly sworn, testified as: 
follows: 

Direct examination hy Mr. Wakefield: 

Q. Do you know Panthy Stokes?—A. Y>s. 

Q. AVhere does she liie?—A. She lives at my house. 

Q. How long has she lived there?—A. About five years. 

Q. VAdiere was she on the day of election?—A. She was at home. 

•Q. AAffis she able to come to town to vote?—A. No. 

Cross-examination by Mr, Adams : 

Q. Is Panthy Stokes your wife?—A. She is my grandson’s wife. 

Q. Did she make out a certificate that day and send in an absentee vote?— 
A. I wasn’t at home. I do not know anything about that. 

Q. You don’t know whether any affidavit was made as to her disability to go 
to the election?—A. I suppose there was or she would have been here. 

Q. Do you know that there was one made?—A. I didn’t see it made. I 
was not at home. 


(’AMPBELL VS. POUGHTON. 


971 


Redirect exam'iuifon : 

Q. You do know she was not in condition to come to towii?—A. Yes. 


Mrs. MAGGIE WILSON, witness for 
tied as follows: 


the contestee, heinjj; duly sworn, 


testi- 


r>irect exaininafon by Mr. Sqtukes : 

Q. Do you know Miss Lucile GlarkV—A. Yes. 

(>. Is she a relative of yours?—A. Yes. 

Q. M hat is the relatOnsh'])?—A. She is my dautrhter. 

Q. M'here does she reside at present?—A. With me. 

Q. At Lenoir?—A. Yes. 

Q. Do . you know whether she vote 1 at the last general election in North 
G;'rolina?—A. Yes. 

(},. Has til's always been her home?—A. Yes. 

Q. How lonj? has she lived here?—A. About 22 years. 

Q. She was away in the last tliree or four years'/—A. Yes. 

Q. Where?—A. In Yirjriii’a. 

(L Were she and her husband there to.a-ether?—A. Yes. 

Q. Do you know what time they went there'/—A. It has been for or live 
years. 

Q. When did sho return to Lenoir?—A. A year aj^o-last July. 

Q. Had she and her husband separated?—A. That is not for me to say. 

Q. Where is he?—A. He is in Yir.u:inia. 

(}. Has he been to see her during? the i)ast year?—A. No. 

(}. Has he supported her since that time?—A. No. 

(}. He has practically aiiandoned her—is that riijht?—A. I suppose so. 

Q. Can you tell when he last contributed anythin?? toward her support?—A. 
Sometime last year. 

Cross-examination by Mr. Ai)A]\rs: 

Q. You saj^ they lived in Norfolk, Va., up until a year ago last July?—A. 
No; it was not Norfolk. It was Fort Richmond. 

Q. What kind of position did he have?—A. He was employed in the ship 
yards. 

Q. Tliey were housekeeping there?—A. Part of the time, and part of the 
time they were boarding. 

Q. Then, Mrs. Wilson, Mr. Clark and your daughter. Lucile, neitlier one 
had been back from Virginia two years electichi time, liad they?—A. They 
came back and spent part of the time. 

Q. You testified that they came a year ago last July?—A. Yes. 

Q. That would not be two years up to now?—A. Not quite. 

Q. And the election was held November 2. 1920?—A. But this has always 
been her home. 

Q. Slie and her husband were housekeeping there?—A. They were doing light 
liousekeeping. 

Redirect examination : 

Q. Mrs. Wilson, they left their housekeeping goods here?—A. Yes; all of 
them. 

(>. And only went away because he could get work?—A. Yes. 

Recross-examination : 

Q. Is he living here now?—A. No. 

Q. Is he in Virginia?—A. l^es. 


W. C. NEV’LAND, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Squires: 

Q. IMr. Newland, I believe you know Eugene Jones?—A. Yes. 

Q. How long have you known him?—A, Ever since he was a baby, 

Q. Where is his home?—A. Lenoir. 

Q. Did he ever live anywhere else?—A. Never. 

Q. Who wiis his father?—A. Capt. Edmund Jones. 

Q. Where was he at the last election?—A. Raleigh. 
i}. Had a job with the Secretary of State?—A. Yes. 


972 


CAMPBELL VS. DOUGHTON. 


Q. He wsis here last sniniiier working, was he notV—A. I think he was 
working insurance here last suinmer. 

Q. And (luring the past legislature he was clerk to one of the committees?— 
A. Yes; I secured him a position during the legislature. 

Q, He was under the jurisdiction of the draft l)oard of Oaldwell County?—A, 
He volunteered in Batto'ry E and stayed there a wliile, and afterwards enlisted 
and served in the Army of Occupation in Germany, is my understanding. I 
know he went to France. 

Q. This has always been his home?—A. I'es. 

Q. Do yop know Wiley Grist?—A. Yes. 

Q. Where is his home?—A. In Lenoir. 

Q. He is a single hoy?—A. Y^es. 

Q. Do you know ('arey Harrison?—A. Yes. She is a daughter of C. B. 
Harrison. 

Q. Where is her home?—A. Lenoir. 

Q. How long has it l)(?(^n her home?—A. Ever since she was born. She is 
probably 21 or 23 years of age. 

Q. Where was she at the election, if you know?—A. I think she was in 
Gastonia. 

Q. Comes home nearly every Sunday?—A. She comes home every two or 
three weeks. She lives witli her father on the hill. 

Q. Do you know H. S. Boss?—A. Y"es. 

Q. How long have you known him?—A. He has been coming to Lenoir for 
25 years. 

Q. How long has he actually been living at Mr. Farthing’s house?—A. I 
think three or four years. 

Q, Pays his taxes in Caldwell County?—A. I undestand so. 

Q. Voted in municii)al and road elections?—A. I undestand so. 

Q. l^ou are attorney for the railroad company?—A. Y’^es. 

Q. And know Capt. Boss very well?—A. Very well. 

Q. Do you know his general reputation?—A. I do. 

Q. What is it?—A. It is good. 

Q. Not the kind of a man that would vote at every precinct along the road?— 
A. I do not tlnnk he would vote anywhere exceid where he conscientiously 
thought he had the right to vote. 

Q. Do you know Mrs. Hukill?—A. Y"es. 

Q. I believe you were interested, along with IMr. Doughton. in getting her 
husband a position in the Army?—A. I went to Washington with Capt. Hukill 
to see Mr. Doughton and Senator Overman, and he was appointed. 

Q. He was appointed a captain in the United States Army and has been in 
the .service ever sinc*e?—A. Unless he has gotten out recently. The last I knew 
of him he was in the Army. He lived at the Carlheim Hotel for years; he kept 
house on the hill beyond the depot, and then he went in the Army. When he 
went to the Army they Avere boarding at the Carlheim Hotel, and after he Avent 
aAvay she boarded there and was court stenographer. 

(,L When did you see her last?—A. 1 think it Avas last summer. It might 
liaA’e been in the fall. 

Q. Did sl'e come to your office?—A, Y"es. 

Q. Do you knoAV AAdiat i)lace she considers her home?—A. I^icnoir, she told me. 

(j. Her things Avere stored here, and are stored here noAV? —A. They Avere 
here when she Avas here. 

Q. Do you know B. V. Wolfe?—A. Y'es. 

Q. You had something to do Avith getting him a job. AVbere does he Avork?— 
A. He Avas a member of the Capitol i)olice force in Washington, unless he has 
been discharged. 

Q. Do you knoAV his Avife? —A. Yes. 

Q. Their home Awas in CaldAvell County?—A. Y^es; several years. 

Q. He is pa.st 50 years of age?—A. Oii, yes. 

Q. Do you know E. J. Hari)ison?—A. Yes. 

Q. Where did he live Avhen he was here?—A. At Davenport College, South 
Lenoir precinct. 

Q. Married AAdiile he AA-as here?—A. Yes. 

Q. Do you knoAV Avhether he considers this his home? —A. I do not. 

Q. Do you knoAV Mrs. Ylat Barnhardt—Mrs. Mary Penn Barnhardt?—A. Y>s. 

Q. She used to teach at Davenport College?—A. She Avent to school there for 
a long time and graduated there and afterAvards taught there. 

Q. Married Mr. Barnhardt and has liA'ed here ever since?—A. Yes. 


('AMPBELL VS. DOUGHTON. 


973 


Q. Do yon know Liithor Cannon?—A. Yes. 

Q. He is a (lOveninient employee?—A, Has been for years. 

Q. Raised in this comity?—A. No. He came to this comity, I slionld say, 15 
or 20 years ago. He came here from what is known as Tuttle's Cross Roads. 
He was appointed to a (Tovernment position, and he has been there ever since. 
Tlien, after the passage of the alisentee vote law he came home to vote. I have 
seen him here at several elections. 

Q. I believe a (Tovernmeiit employee retabis bis citizenship in the State from 
which he was appointed?—A. Yes; that is the rule. 

Q. You have known John I’uett all his life?—A. Yes. 

Q. Where did he live?—A. In Lower Creek Township. 

Q. Did you ever hear it suspec-ted or hinted that he was a resident of another 
community?—A. He never has been. 

Q. His home is at I^enoir?—A. Yes; he owns a farm and he and his sister 
lived there for years. 

Q. Always ran his farm?—A. Yes. 

CL And his sister has liveil there?—A. Yes; she lives there now. 

Cross-examination by Mr. Adams : ' 

Q. I believe there were about three or four of these, you state, you got posi¬ 
tions for in Washington?—A. No; I do not think there were four. Mr. Wolfe 
and Capt. Hukill I helped to get positions for. 

Q. I'^ou went as attorney to help them secure these?—A. Not as an attorney; 
as a friend. 

Q. Did all these people you are testifying to vote absentee in the last elec¬ 
tion?—A. I could not say. I did not stand around the polls. 

Q. They were all either away i)ermanently or temporal- ly at the time of the 
election?—A. Those I have mentioned were away temporarily. 

(>. You have been a practicing attorney in the county about 25 years?—A. 
And then some. 

(L You are attorney for the contestee, I believe, in tins hearing?—A. Yes; I 
represent the contestee; but I have never been commissioner of testimony and 
attorney both. 

Redirect examination: 

(}. You have also been lieutenant governor of tbe State of North Carolina?— 
A. Yes. 

Q. You have been the nom nee of your party for Congress; you have been 
solicitor of your judicial district, and represented your county in the legisla¬ 
ture?—A. Yes. 

CL And by appointment of the governor have been a member of the boards of 
several institutions?—A. Yes. 

WILL IMcCCJWAN, witness for tbe contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. SQinREs: 

CL IMr. McCJowan, do you know H. H. Carlton?—A. Yes. 

c}. Did you carry an absentee vote to him last election?—A. Y^es. 

CL He signed the certificate?—A. Yes. 

CL And you witnessed it?—A. Yes. 

cj. I believe you came l)ack borne and made affidavit before the clerk that he 
was unable to attend?—A. Yes. 

CL How old is he?—A. He is past 80. He told me he was 83 past, or would 
be 83. 

CL In your opin'on be was too feelde to come to the election?—A. Yes; it was 
a rainy day. He sa d he would like to come, but it was too bad. 

CL Do you know Bessie Laxton?—A. Yes. 

c}. How long have you known her?—A. Fifteen or twenty years. 

CL Where is her home?—A. Her home is with J. A. Raby. 

CL Do you know Jobn Puett?—A. Yes. 

C}. How long have you known him?—A. Fifty years, I guess. 

CL AVhere is his home?—A. His home is about 2i miles east of here—Lenoir. 

Cross-examination by Mr. Adams : 

CL This last man you mentioiuHl—what is his name?—A. John Puett. 

CL You say he lives about 2 miles east of here?—A. Yes. 

CL How long has he been there?—A. He was born and raised there. 


974 


CAMPBELL VS. DOUGHTON. 


Q. Where was he at election time?—A. I think he was somewhere in Georgia, 
on a job somewhere. 

Q. He was working there?—A. Yes. 

Yon say you got his absentee vote?—A. Yes. 

(}. Did he make an affidavit or sign a certiticate?—A. He signed the cer¬ 
tificate. 

Q. There was not an affidavit put in with that and no doctor’s certifi¬ 
cate.—A. No. 

Redirect exam nation: 

Q. You made an affidavit before the clerk and attached to it?—A. Yes. 

LP]E EARNEST, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Wakefield: 

Q. Where do you live, please?—A. In Lower Creek Township. 

Q. Do you know Will Earnest?—A. Yes. 

Q. Is he a relative of yours?—A. Yes. 

Q. What is the relat onship?—A. He is my son. 

Q. D d he attend the last general election in this State?—A. He was not here. 
Q. Where was he?—A, In Virginia. 

Q. How old is he?—A. Twenty-four, I believe. 

Q. What was he doing in Virg n a?—A. Working there in a box factory. 

Q. Where is his home?—A. His home is at my house. 

Q. Was he in the Army?—A. Yes. 

Q. What command did he belong to?—A. He volunteered in Battery E and 
went to France. 

Q. Do you know whether or not he voted at the last general election?—A. I 
don’t know for certain. 

Q. Has he been home s nce the elecfon?—A. Yes. 

Q. Where is he now?—A. He is in Boydton, Va. 

Q. He is a single man?—A. Yes. 

Cross-examination by IMr. Ad.\ms : 

Q. What is your son’s name?—A. William Earnest. 

Q. Does he go by that name?—A. Yes. 

Q. How long has he been in Virginia?—A. After he come home from the war 
he stayed here about three months and worked, and then he went to Virginia 
and worked awhile. 

Q. How long has he been away from here?—A. It has been a year, I reckon. 
Q. How old is he?—A. Twenty-four. 

Q. Is he married?—A. No. 

Redirect examination : 

Q. Did Will go to Virginia before he volunteered and went to the war?—A. No. 

Y. D. MOORE, witness for the contestee, recalled first time: 

Direct exam'nafon by Mr. Newland: 

(}. Mr. Moore, did you vote here as an alisentee?—A. No. 

Q. Voted in person?—A. Yes. 

Q. Your wife voted absentee?—A. Yes. 

Q. And your boy, who is Y. D. Moore, jr., voted iu Gastonia?—A. I don’t 
know anything about that. 

Q. He d d not vote here?—A. No. 

(h’o.ss-examination by IMr. Adaius : 

Q. Your boy votes as Y. D. Moore, jr.?—A. Yes. 

(). Where had he been living prior to the election?—A. I don’t know anyth'ng 
about t. He didn’t vote here. 

Q. !)<► you know he did not vote here?—A. No-; I do not know. 

(}. You don’t know whether there was a vote cast for him liere?—A. I do not. 
Q. How many Y. 1). iMoores are there?—A. One. 

(). .And how many Y. 1). Moore, ir's?—A. One, in Gastonia. 

(}. Did yoni- wi^'e vote as Mrs. Y. 1). Moore, or liow did she vote?—A. I think 
IMi'S. Tiill e (’. Aloore. 

Q. You think she voted as iMrs. Tdllie (^. iMoore?—A. I not ced that affidavit is 
that way. 


CAMPBELL VS. DOUGHTON. 


975 


Q. M hat precinct did slie vote in?—A. Lower Creek. 

Redirect examination: 

Q. Do you know Clara Slmford?—A. Yes. 

Q. Hova loiiK have you known her?—A. All her life. 

Q. Where does she live?—A. In Lower Creek Townsh p. 

Q. W here is she now?—A. I think she is in Shreveport, La., with her brother, 
in a business collej'e. 

Q. Where is her home?—A. With her mother, Mrs. Shuford. She was for 
/some time Deputy llej?ister of Deeds here. 

Cross-examination by Mr. Adams : 

Q. Is she a single lady?—A. Was the last time I heard. 

Q. M'here did you say she was in school?—A. Shreveport, La., I heard. 

Q. That is what .vou have heard?—A. Yes. 

Q. M’as she there at the time of the election?—A. I don’t know that. 

C. B. HAItUISON, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Squires : 

Q. Where do you Lve?—A. Lenoir. 

Q. M'hat township?—A. Lower Creek. 

Q. What relation is Miss Carey Harrison to you?—A. My daughter. 

(}. Where is her home?—A. In Lenoir. 

Q. How long has it been her home?—A. S’nce she was horn.‘ 

Q. M’here was she on election day?—A. Gastonia, N. C. 

Q. What was she doing there?—A. In the office of one of the cotton mills— 
Loray—had a iM)sition. 

Q. She is unmarried?—A. Yes, 

Q. And comes home frecpiently?—A. Almost once a week. 

Q. Do you know Mrs. Virgin a Carson?—A. Yes. 

Q. How near do you live to her?—A. She lives across the street from me— 
alKiut 1(K) yards. 

Q. What is her coiuLtlon of health?—A. She has been an invalid ever since I 
have been living here—nearly 30 years. 

(^. How often have you seen her out of the house in the last 20 years?—A. 
Just once to my recollection. 

Q. Is she hi nd?—A. Yes; she can’t get out of the house. 

Q. Unable to attend the elect on?—A. Yes. 

Q. She is very old, is she not?—A. I would say she is about 88. 

Cross-examination by IMr. Adams : 

Q. I believe you testified your daughter had a position at the time of election 
at Gastonia?—A. Yes. 

Q. And is a single lady?—A. Yes. 

Q. How long had she been there at the election?—A. A year ago last fall. 

MILTON GKEPIK, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by IMr. Squires : 

Q. Do you know Mrs. Milton Greer?—A. Yes. 

Q. What relationship does she bear to you?—A. My mother. 

Q. What is her age?—A. She is 00. 

Q. Did she vote in the last election?—A. Yes. 

Q. Absentee?—A. Yes. 

Q. Did you make an affidavit she was unable to attend the election, or get a 
doctor’s certificate?—A. No. 

Q. Did you witness the certificate?—A. I didn’t see it. 

Q. Who did get it?—A. Mr. Presnell, the registrar. 

Q. M'as she unable to go to the election?—A. When she registered she told 
him she might not be there election t nie, and he told her if she was not to let 
him know and he would make out an aflidavit. and she did, and he made an 
aflidavit that she was unable to attend. 

(’ross-examinat on b.v iMr. Adams: 

Q. You did not see the aflidavit, or certificate, made by her?—A. No. 

’ Q. You did not see her sign either one?—A. No; 1 was not at home. 


976 


CAMPBELL VS. DOUGHTON. 


.T. A. TRIPLETT, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Newland ; 

Q. Mr. Trii)lett, I believ’e you are sberilf of Caldwell County?-—A. Yes. 

Q. Do you know J. A. Jones?—A. Yes. 

Q. A colored man?—A. Yes; a colored brother. 

Q. Did be come to you for the purpose of having an absentee vote fixed?—A. 
Yes. 

Q. M’bat did be say be was going to do?—A. He said be was going to High 
Point to work on the streets, or something like that. 

Q. He is a Negro .school-teacher?—A. Yes. 

Q. You fixed up bis ticket for b in?—A. Yes. 

Q. He owns property in this county?—A. Yes. 

Q. Pays taxes in this county?—A. Yes. 

(}. Cot a wife and family in this county?—A. Yes. 

Q. Do you know Clara Sbuford?—A. Yes. 

(}. Where is her home?—A. About 7 miles east of Lenoir, in Lower Creek 
Townsb p. 

Q. Has she ever had any other home?—A. I don’t think so. She went to 
Shreveport, La., to attend a business college. She was working in. the office of 
the register of de(‘ds, and went off to take a business course in Shreveport. 
Her brother was there and wanted her to go to that college. 

(y Joe Jones voted the Democratic ticket?—A. Yes. He is an exception to 
the Negro. He is a darky of good intelligence. 

Do you know Wilfong Ph*az;er?—A. Yes. 

Q. Where is his home?—A. Kings Creek. 

Q. Where did he live when he was here in town?—A. Roomed over the 
restaurant. 

Q. And worked for the road commissioners?—A. Yes. 

Q. Do you know John Puett?—A. Yes. 

Q. Where is his home?—A. About 3 miles east of Lenoir. 

Q. Did he live anywhere else?—A. Not to my knowledge. 

Q. He goes off and works?—A. Yes. 

Q. He owns a farm here?—A. Yes. 

Q. He went off to work with your brother?—A. Yes. 

Q- Do you knqw Bill Rabb?—A. Yes. 

Q. Where does he live?—A. He lives in Lower Creek. 

Q. You do not know how long he has been there?—A. I do not. 

Q. You know Mr. Harbison that taught at Davenport College?—A. Yes. 

Q. Does he pay his taxes here?—A. He paid them here last year. 

Q. Do you know whether he claims this as his home?—A. I do not know 
that. 

Do you know anything about the circumstances of .T. H. Ways’s regis¬ 
tration?—A. I know a I'ttle .something about it. The reason he was not on 
the book, he refused to take the oath. He said he would not swear. 

Q. You were present?—A. I heard him say it. 

Q. Were you ])resent when the transaction occurred between him and the 
registrar?—A. I was passing by, and they were talking, and the registrar says, 

“ I can not register you unless you will swear you have been here so long,” and 
he said he would not swear it. I remember heai’ing that. 

(>. This (Jeve Holsclaw. do you know him?—A. Not personally. 

(]. During the war you ha<l a warrant to arrest him?—A. Yes; for being a 
deserter. 

Cy This other Holsclaw went to the penitentiary for house burning?—^A, Yes, 
Hub, I arrested him myself, 

Q. Tliey were the men that pretended to be soldiers, and said they could not 
vot(‘ because they could not read and write and had not paid their poll tax?— 
A. Yes. 

Q. You did not hear them testify at the former hearing?—A. I did not. 

They were deserters in the time of war. I hunted for him several times. 

(>, How long have you known H, S. Ross?—A. About 20 years, I reckon. 

Q. How long has he been living at Mr. P’arthing’s house?—A. Several years, 

I think. 

(}. Do you know whether he pays taxes in this county?—A. Yes; I know 
that. 

Q. He is past oO years of age. He does not pay poll tax?—A. Yes; he is 
past 50. 


CAMPBELL VS. DOUGHTON. 


977 


<}. He lists taxes here and counts this his home?—A. He is here every other 
Jii^ht. He is lierc' one Jii.uht and Chester one. 

He* s ji railroad conductor?—A. Yes. 

i}. What is his ;^eneral rei)ntatioii?—A. It is sood. 

Where (htes En.e:ene .lones live?—A. His liome-is in Sontli Lenoir Town- 
shii), where lie was horn and raistnl. 

C. He is .a siniile man?—A. Yes. 

He worked here last summer?—A. Yes. 

Q. And then got a job with the secretary of .state?—A. I think so. 

(), Do yon know Hoy Martin?—A. Yes. i; 

Q. Where is liis home?—A. South Lenoir Township. -I 

C^. Wliere does he live?—A. He lives with his father. '*‘"^4 

Working away temporarily?—A. Otf most of the time working. 

Went with Battery E to France?—A. Y^es. 

Cross-examination by Mr. Adams : 

Q- Where had Wilfong Frazier been prior to the election, or where was he 
at the time of election?—A, I think he was working with the road commis¬ 
sioners. 

Q. Is he a single man?—A. Yes. 

Q. This Koy Martin that yon speak of, he had been in Knoxville, Tenn., some 
time?—^A. I don’t know where he had been. 

Q. He is a single man?—A. Yes; not married yet. 

(}. This J. A. Jones yon say yon tixecl up the absentee vote for, did he vote an 
absentee vote?—A. Yes. 

Q. Was he here in town that day?—A. I don’t know. He told me he was 
going down to High Point to put in waterworks. He came in and asked me 
to tix np his ticket, and I did, and he mailed it himself. 

Q. You say he is a negro school-teacher?—A. I’^es. 

Q. Was he teaching school down there?—A. No; he was working on the 
streets. He was not teaching school. 

Q. He has a home here?—A. Yes. 

Q. Do yon know Roby Lee Bentles?—A. Yes. 

Q. He was a soldier?—A. Yes. 

Q. He is a young man?—A. I’^es. 

Q. A white fellow?—A. Yes. 

Q. Do you consider his home here?—A. His home was here during the war. 
I think he went off with Battery E. 

Q. Is his home here now?—A. I have not seen him for two or three years. I 
don’t know where he is. I think he is a fugitive, fleeing from justice. 

Q. On what grounds?—A. I have had a warrant for him for some time. 

Q. Mliat does your warrant charge him with?—A. I forgot. I think it is 
breaking in a store at Shulls Mill. 

Q. What time?—A. I don’t remember. I returned the paper I had from 
Wautauga County, is my recollection. 

Q. Did the paper come over here from Wautauga County?—A. Yes. 

Q. Was he refused registration on account of the literacy test?—A. I don’t 
know. 

Q. Do you know of him making affidavit to that effect over at the bank?—A. 
I do not. 

Q. This Cleve Holsclaw you are testifying about, he did go off to the camps 
a while, did he not?—A. I don’t know. He was a deserter. 

Q. He was one of the bunch that refused to go at first, and afterwards did go 
to the camp?—A. I don’t know whether he stayed there or not. 

Q. Do you know of him being court-martialed in the Army?—A. No. 

Q. Do jmu know of him serving any term in the penitentiary?—A. I do not. 

Q. Have you any record of that?—A. I have not. I think he was tried in 
the courts. He was a deserter. 

Q. He was there a while?—A. Yes; I think so. 

Q. YWu testified that Hub was in the pentitentiary ?—A. He was convicted 
since I have been sheriff and went to the penitentiary. He has a brother 
Pink and a brother Hub. 

Q. Were any of the young men turned down on the literacy test?—A. I don’t 

know. . 

Q. Were any turned down in the county?—A. I don t know. 


57695—21 


62 



978 


CAMPBELL VS. DOUGHTON. 


Q, Did they have any howl in the county about the literacy test from the 
Democrats or Republicans?—A. It seems like I have heard some howling. I 
don’t remember the particulars about it. 

Q. You know the literacy test was applied, but you don’t know how?—A. I 
do not. 

Redirect examination: 

Q. Do you know Green Barlow?—A. Yes. 

Q. Do you know he was tried in this court for perjury?—A. Yes. 

Q. What is his general reputation?—A. In what way? 

Q. I will ask you if he did not admit to you that he had sworn falsely at 
the election?—A. Yes. 

Q. I will ask you if he did not have some trouble about some charges he 
made about some woman?—A. I do not know that. 

Recross-examination : 

Q. Green Barlow, did he testify here in the hearing of Dr. Campbell?—A. 
Yes. 

Q. What was the nature of his testimony as to voting illegally, or do you 
remember?—A. I remember we had a'road-bond election. The registrar came 
to me like to-day to see if he had paid his taxes. He had not paid his taxes, 
for the receipt was in the book. When he went to vote they made him swear, 
and he swore he had paid his taxes. At that time I had his receipt in the 
sheriff’s office, and he came later and paid it. I asked him if he hadn’t sworn 
he had paid it, and he said he did. 

Q. As a matter of fact, on the day he voted he swore he had paid his poll 
tax?—A. Yes. 

Q. Then he went back and found he had not paid them?—^A. I could not 
tell you about that. 

Q. Did you hear him testify about it?—A. I did not. 

Q. You do not know what he swore?—A. Yes. 

Q. As a matter of fact, didn’t it go in evalence that he went and told them 
he had found he was mistaken as to the payment qf the taxes, and asked that 
they take his vote out, and it was taken out that day by the judges of the 
election?—A. I do not think he testified to that. 

Q. What did they do with him on that charge? Did they sentence him to the 
penitentiary?—A. The.v did not. 

Q. Was he convicted of the charge?—A. I do not think so. My recollection 
is he was acquitted for some cause. I do not know what. 

TODD I.. COOK, witness for the contestee, being duly sworn, testified as 
follows : 

Direct examination by Mr. Squires : 

Q. Do you know R. H. Cooper?—A. Yes. 

Q. Where does he live?—A. He lives in Globe Township. 

Q. Has he any land?—A. Yes. 

Q. Does he pay taxes?—A. Yes. 

Q. Where was he election day?—A. Banners Elk. 

Q. What was he doing?—A. Operating a sawmill. 

Q. Has he come back to Globe since?—A. I do not remember. 

Q. He has always listed his taxes here and called Globe his home?—A. Yes. 

Q. Do you know a boy’s vote that was challenged in Globe Township that 
would not have been challenged if he had voted the Republican ticket?—A. Yes. 

Q. Did he vote?—A. No. 

Q. He was a soldier boy?—A. Yes. 

Q. And had joined the Army before he was 21?—A. Yes; about 18. He came 
to me to register, and I put the question to him about his residence, age, etc., 
and whether he could read and write. He said he was 21. Finally I asked 
him which political party he was affiliated with, and he said the Democratic. 
The morning o.f the election .Toe Gragg,challenged him, and said his mother 
said he was not 21. The deputy sheriff was there, and I said, “ Go and see 
‘ Miss Wright ’ and summons her to come up here,” and he went down there, and 
this .Toe Gragg that challenged him went with him, and Bert suunnoned her to 
come to the trial, and she would not come. Bert came back and says, “ Miss 
Wright says he can vote if he will vote the Republican ticket.” Has was stand¬ 
ing there in the door with the tickets in his hands, and I said, “ We will not 


CAMPBELL VS. DOUGHTON. 


979 


challenge you. If you are over 21, it is all right, but you must tell the truth,” 
and he said he was 20 years old last May, and I told him he would have to 
get out. 

Q. What tickets did he have?—^A. Republican tickets; full ticket. 

Cross-examination by Mr. Adams : 

Q. You did not swear the voter himself as to what his age was?—A. Yes; 
when I registered him. I always did everyone. 

Q. He swore he was 21?—A. Yes. 

Q. Did you swear him on election day?—A. I asked him what made him do 
that way. He said, “ My age in Washington is over 21. I joined the Army 
as 21, and they have got my age as 22 or 23,” and he said, “ I really don’t my 
age.’^ 

Q. He passed the literacy test?—A. Yes. 

Q. He had been living in this county?—A. Yes. 

Q. He was a soldier boy?—A. Y'es. 

Q. R. H. Cooper, where had he been at the time of the election?—A. He lived 
in Globe Township. 

Q. How long?—A. About six months before the election, and he went over 
in Avery County and lived there perhaps a month before the election, and then 
went to Shulls Mill, in Wautauga County, and a few days before the election 
he went to Banners Elk, and that is where his vote was mailed from, 

Q. He is a'single man?—A. He has been married. He is separated. 

Q. Where is his wife living?—A. In Tennessee. She got a divorce three or 
four years ago. 

Q. You applied the literacy test in your precinct?—A. Yes. 

Q. To all people?—A. Yes. 

Q. Both Democrats and Republicans had to pass the literacy test?—A. Every¬ 
one except school-teachers. 


Miss VADA LAXTON, witness for the contestee, being duly sworn, testified 
as follows: 

Direct examination by Mr. Squires : 

Q. Where do you live, Miss Laxton?—A. Kings Creek. 

Q. Where were you born?—A. Kings Creek, Caldwell County. 

Q. Lived there all your life?—A. Yes. 

Q. In a former hearing there was some testimony taken trying to discredit 
your right to vote—did you vote an absentee vote?—A. Yes. 

Q. Where were you?—A. I voted before I left. 

Q. Where did you go?—A. Winston-Salem. 

Q. How long did you stay there?—A. Two months. 

Q. Who did you work for?—A. Gilmers (Inc.). 

Q. Did you leave Kings Creek with the intention of returning to Caldwell as 
your home?—A. I did. 

Q. You have always considered this your home?—A. Yes. 

Q. And your father and mother live there?—A. Yes. 

Q. And now live in Caldwell County?—A. Yes. 

Q. You have always considered Caldwell County your home?—A. Yes. 

Cross-examination by Mr. Adams ; 

Q. You teach school?—A. No. 

Q. You worked in a store in Winston-Salem at the time of election?—A. Yes. 
Q. You had been up there two months?—A. No; about a week before the 
election and stayed there two months. 

Q. Have you any I'elatives living in Winston-Salem?—A. I have a sister 
working there. 

Q. You stayed with her?—A. I’^es. 


Mrs. .TULIA BARLOW, witness for the contestee, being duly sworn, testified 
as follows: 


Direct examination by Mr. Wakefield : 

Q. Where do you live?—A. Kings Creek Township.' 

Q. How long have you lived there?—A. All my life. 

6. Did you register prior to the last election? A. Yes. 

Q. Do you know who the registrar was before whom you registered?—A. 

Green. 


Mr. 


980 


CAMPBELL VS. DOUGHTON. 


Q. He was the registrar in Kings Creek?—A. Yes. 

Q. Please state where you were when he registered you?—A. I was at Mr. 
Hoover’s. Mr. Rant Hoover’s. 

Q. In what township does Mr. Rant Hoover live?—A. Lower Creek. 

Q. So you were in Lower Creek when you registered?—A. Yes. 

Q. Who was with Mr. Green at that time?—A. Horace Barlow. 

Q. Did you vote on election day?—A. No. 

Q. Did you present yourself for the purpose of voting?—A. Yes. 

Q. How came you not to vote? Did the judges decline to let you vote?—A. 
They didn’t take my vote. 

Q. Did they tell you why?—A. Because I registered in Lower Creek. 

Q. And they declined to let you vote on that ground?—A. Yes. 

Q. Will you please state how you intended to vote—whether Democratic or 
Republican?—A. Democratic. 

Q. Was Mr. Barlow present when you went to vote?—A. Yes. 

Q. Did he ask you anything that day? Did he ask you to register? Who did 
the talking to you at the polling place?—A. Do you mean Green Barlow? 

Q. Did he ever approach you prior to the election and ask you to vote the 
Republican ticket?—A. I was at my brother’s, and he asked me if I was going to 
vote, and I told him. 

Q. How long before the election was that?—A. About a week. 

Q. When you came to vote, Mr. Barlow is the man who challenged you?— 
A. Yes. 

Q. Was he one of the judges of the election?—A. I think so. 

Q. Your home is in Kings Creek?—A. Yes. 

Q. Do you know what Mr. Barlow’s politics are? Is he a Democrat or Re¬ 
publican, if you know?—A. I don’t know. 

Cross-examination by Mr. Adams : 

Q. You went to vote, did you?—A. Yes. 

Q. And they told you you could not vote?—A. Yes. 

Q. Who told you this—which one in charge?—A. Mr. Green Barlow. 

Q. He is the man who put your name on the registration book when you regis¬ 
tered?—A. Mr. Green was the one. 

Q. Mr. Green was there when you went to vote?—A. Yes. 

Q. And what other man was there except Mr. Green and Mr. Barlow?—A. I 
forgot. 

Q. When you went to register, did the registrar ask you whether you could 
read and write?—A. Yes. 

Q. He didn’t ask'you to write for him, did he?—A. Yes. 

Redirect examination: 

Q. Do you know Mr. Jarvis?—A. Yes. 

Q. Was he the other judge of election?—A. Yes. 

SHERMAN SETZER, witness for the contestee, being duly sworn, testified 
as follows: 

Direct examination by Mr. Squires : 

Q. Mr. Sherman, tell us the names of your two boys?—A. Ralph and Herndon. 

Q. Where do they live?—A. They live with me. They are at work in Cleve¬ 
land, Ohio. 

Q. What are their ages?—A. Twenty-one and twenty-three. 

Q. They were old enough to vote last fall?—A. The younger was 21 in Sep¬ 
tember. 

Q. They sent in absentee votes?—A. I suppose so. 

Q. Where is their home?—A. They have no home except with me that I 
know of. 

Q. Were they under the jurisdiction of Caldwell County draft board during 
the war?—A. One was. The youngest was not old enough. 

Q. Did they go to service?—A. One did. 

Q. Paid his poll tax in Caldwell County?—A. Yes. 

Q. And this is their home?—A. Yes. 

Cross-examination by INIr. Adams : 

Q., How long have these boys been out in Cleveland?—A. One went in April,. 
1919, one in October, 1919. 

Q. Are they married?—A. One of them is, but his wife died. 


CAMPBELL VS. DOUGHTON. 


981 


Q. Do they live in Cleveland?—A. They are at work • 
October 17, and his wife died in November. 

Q. Which one got married?—A. The youngest one. 

Q. They are still at work out there?—A. Yes. 

Q. They were there at tlie time of the election?—A. Yes. 


and one married on 


Redirect examination: 

Q. They were just out there temporarily ?—A. They were just out there 
working—came home several times. 

Q. And they considered this their home?—A. They have no home but mine. 
Recross examination: 


Q. W hen your boys left hei’e, did you know they were going to get married‘i’— 
A. No. 

Q. You did not know the girl?-A. He married a Miss Bush from Lenoir 
here, 

Q. I understood you to say he got married out there?—A. The young boy 
got married. He married in October. 

Q. They went up there and housekept?—A. No. They were married up 
there. She was at work and he met her and they got married. 

Q. Was she working there, too?—A. Yes. ‘ 


F. H. COFFEY, witness for the contestee, recalled hrst time: 

Direct examination by Mr. Squires : 

Q. I believe you stated you were chairman of the draft board?—A. Yes. 

Q. Do you know the facts with regard to Cleve and Hub Holsclaw?—A. I 
notitied him to come here to swear him in, and he came up here and was 
sworn in, and we made arrangements to send a bunch away the next day, 
kept them for the night, and the next morning when I went to check them up 
Cleve was gone and did not come back. W^e tried to get him back so we could 
send him away, and it was a year or two that he was out in the woods hiding, 
and the officers hunting for him, but never did succeed in arresting him. A 
few weeks before the armistice was signed, he and another boy that deserted 
with him—named White—came to Lenoir and said they had decided to come 
l«ick, and wanted me to send them to camp, and also wanted me to write a 
letter to the commanding officer that they had decided to go, and ask the 
officers to be as lenient as they could. I refused to do it, for they had waited 
until the war was over and had laid out in the woods while the other boys 
were lighting, and they blockaded, and I would not write any recommendation 
to the officers. They could go on to the camp if they wanted to, but I would 
not send any recommendations. They left and went to the camp and were court- 
martialed, but I do not know what the offense was. 

(}. Was he a blockader?—A. It was reported here he was. 

Q. You told him he was accused of blockading, and he never denied it?— 
A. No. 

Q. Mr. Coffey, it was in evidence here yesterday that W. K. Setzer and J. H. 
Johnson were i^ermitted to vote in . the box in which you were judge without 
being registered. Tell us about that?—A. Lenoir Township, a short time be¬ 
fore the election, was divided into two precincts. Mr. Johnson, who was an old 
man, came up and wanted to vote. We looked on the registration book, and 
he was not registered. He claimed that he didn’t know he had to reregister. 
He had been voting in Lenoir Township for years, and didn’t know it had been 
divided. The question came up between the other judges and myself as to 
whether or not to let him vote, and I suggested that he was an old man .^aiid 
claimed he didn’t know he had to reregister, and I knew he was a citizen of the 
township, and that I would be willing to let him vote. As to Mr. Setzer, who 
was working in Virginia, his family lives in Lenoir. He sent in an absentee 
vote, and his name was not on the registration book. He had not registered 
after the division of the township into two precincts, and I turned to the 
registrar and told him the Republicans had been kicking about stealing elec- 
lions so long that I was willing to let them both vote, notwithstanding the 
fact they were Republicans, so they would have no charge to make, and they 
did vote. 

(L How did they vote?—A. They both voted the Republican ticket. 

Q. Do you know Mrs. J. C. Powell?—A. I do. 

Q. Where is her home?—A. Lenoir. 


982 


CAMPBELL VS. DOUGHTON. 


Q. Lives next to Mr. Newland?—A. Yes. 

Q. How long has she lived there?—A. Several years. 

Q. She has a daughter living in Charlotte?—^A. Yes. 

Q. And another daughter lives in Virginia?—^A. Yes. 

Q. She mailed a ticket from Charlotte. She visited her daughter in Char¬ 
lotte. Went there on a visit to Mrs. Henry. She has been a citizen of Caldwell 
County all her life?—A. Ever since I can remember. I have known her 50 
years. 

Q. Keeps house next to Mr. Newland?—A. Yes. 

Cross-examination by IMr. Adams : 

Q. iVIrs. J. C. Powell is keeping house there, is she?—A. I don’t know whether 
she is there at this time, but she has a home there. 

Q. You testified that Cleve Holsclaw and some other fellow—White—which 
White was that?—A. I forgot his initials. He lived close to the Holsclaws on 
Little River. 

Q. Has he come back from the Army yet?—A. I have not seen either one. 
In fact I do not know whether they ever went there. They were court-martialed 
and I do not know whether they came back or not. 

Q. If they never went to the Army, how could they be court-martialed? 
Do you know whether they ever served as soldiers?—A. I do not. 

Q. Did they go on down there after they told you they were going?—A. Yes. 

Q. How long were they gone?—A. I don’t know. 

Redirect examination: 

Q. Do you know H. vS. Ross?—A. Yes. 

Q. How long have you known him?—A. IMore than thirty years. He has lived 
at the Farthing House several years. 

Q. What is his general reputation?—A. Good. 

Cross-examination by Mr. Adams : 

Q. Did Mr. Ross ever vote in a general election before this past election?— 
A. Yes. 

Q. In a national election?—A. I have seen him vote, but I don’t remember 
whether it was a national or local. 

Q. His home was in South Carolina, and he was raised in South Carolina; 
conductor on the railroad, and makes this his headquarters?—A. Yes. 

Q. He is a single man?—A. Yes. 

CHARLIE POWELL, witness for the contestee, being duly sworn, testified 
as follows: 

Direct examination by Mr. Squires : 

Q. Do you know the physical condition of H. H. Carlton at tne last election?— 
A. He was in feeble health. 

Q. Past 80?—A. Yes. ’ 

Q. Very seldom comes to town?—A. I hardly ever see him. 

Q. What is the name of Mr. Ballew’s daughter?—A. Mary. 

Q. Her right to vote was challenged? Where is her home?—A. She lives with 
her father a few hundred yards from here. 

Q. How long has she lived there?—A. They have been there, I think, about 
8 or 10 years. 

Q. She goes away and nurses. She is a trained nurse, but counts this her 
home?—A. Yes. 

Q. You see her frequently and talk with her?—A. Yes. 

Q. Do you know Miss Bessie Laxton?—A. Yes. 

Q. Do you know whether or not she claims Lower Creek Township as her 
home?—A. She makes her home with her brother-in-law, J. A. Raby. The old 
place she was raised on was sold since her father died. She has made her 
home here two or three years. 

Cross-examination by Mr. Adams : 

Q. Miss Bessie Laxton makes her home with her brother-in-law, J. A. Raby?— 
A. Yes. 

Q. Does she work here in town?—A. She has been at work at Blowing Rock 
at the hotels. I think she has a position out somewhere about Winston-Salem. 
I don’t know just where. 

Q. Where was she at the time of election?—A. I don’t know. 


(’AMPBELL VS. DOUGHTON. 


983 


Q. Is she a single lady?—A. Yes. 

(}. This Miss Alaltie Ballew, did she vote absentee?—A. I don’t know. Her 
father lives near here. She is a nurse. She was at Waycross, Ga,, in a hos¬ 
pital, and I think various other places. 

Q. Was she away at the time of the election?—A. I don’t know at all. She 
comes and goes a great deal. 

Q. A single lady?—A. Yes. 

GEORGE WHITE, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Squires : 

Q. In a former hearing Mr. Green Barlow testified that you were a resident 
of King’s Creek Township, did he not?—A. Yes. 

Q. Where do you live?—A. I live part of the time there and part of the time 
here. 

Q. Do you own any land in King’s Creek?—A, I sold it, 

Q. Wlien?—A. Last February. 

Q. Where have you lived all your life?—A. In that township. 

Q. You have always listed your taxes there?—A, I listed here last spring. 

Q. You live some of the time with your son, and some of the time with your 
daughters—one lives on King’s Creek, and one on the river?—A. Yes. 

Q. You have always considered King’s Creek your home? You registered 
and voted there? How many times have you voted; how old are you?—A. I 
am 68. 

Q. You never voted anywhere else?—A, No. 

Q. And nobody ever questioned your right before?—A. No. 

Cross-examination by Mr. Adams : 

Q. You sold your property in King’s Creek, and made your tax return in 
Lower Creek? Did you vote in King’s Creek?—A. Yes. 

GREEN WHITE, witness for the contestee. being duly sworn, testified as 
follows: 

Direct examination by Mr. Squires : 

Q. Where does George White live?—A, He lives about amongst us all. Part 
of the time at my house and part somewhere else. 

Q. He owns land?—A. No. 

Q. He has no home of his own? Lives with his children?—A. Yes. 

Q.^ Has he always considered Kings Creek his home for the purpose of 
voting?—A. Refers to it when he talks about it as home. 

•TNO. W. WALSH, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by IMr. Newland : 

Q. Do you know Mrs. Bessie Green?—A. Yes. 

Q. Why didn’t she vote in person at the last election?—A. She was sick. 

Q. She is a duly qualified voter?—A, Yes. 

Q. You live close to her?—A. About a mile. 

Q. Q. She lived in Lower Creek Township all her life?—A. Yes. 

Cross-examination by INIr. Adams : 

Q. You say you live near Mrs. Green?—A. Yes. 

Q. Did she have a doctor’s certificate with her vote?—A. I don’t know. 

Q. You didn’t see it?—A. No. 

Q. What was the reason for her absence?—A. She was confined. 

OSCAR PIERCE, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Squires : 

Q Some testimony was taken at a former hearing that you were permitted 
to vote and under age. How old were you at the last election?—A. Twenty-two. 

Q. What ticket did you vote?—A. Republican ticket. 

Q. Voted for Dr. Campbell?—^A. Yes. 


984 


CAMPBELL VS. DOUGHTON. 


F. T. SHERRILL, witness for the coiitestee, being duly sworn, testified as 
foUows: 

Direct examination by Mr. Squires : 

Q. Mr. Sherrill, bow did Cleve Holsclaw get back to camp?—A. At that time 
I was chief of police, and Mr. White came up here and wanted to know if I 
would take them, or send them, to the camp. They didn’t come at the same 
time when the others went. I sent A. Y. Cottrell with him to the camp. 

Q. That was because they would not accept a deserter without an officer. 
You know he was a deserter?—A. Yes. 

Q. Tell how he had deserted?—A. I was here and saw them sworn in. They 
were not here the next morning. 

Q. Do you know Lucile Wilson Clark?—A, Live close to her. 

Q. Where is her home?^—A. She claims her home to be with her mother. 

Q. She lived in this country all her life up to the time her husband went to 
Virginia to work?—A. Y"es. 

Q. He has not been to see her in a year or two, has he?—A. No; I have not 
seen him about Mrs. Wilson’s home. 

Cross-examination by Mr. Adams : 

Q. Mrs. Lucile Wilson Clark’s husband lived in Virginia prior to her coming 
here?—^A. I think so. 

Q. Mrs. Maggie Wilson has this morning testified as to that matter?—A. I 
was not here. 

Q. She is IMrs. Maggie Wilson’s daughter?—A. Yes. 

R. W. GREEN, witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Squires ; 

Q. You are registrar in Kings Creek Township?—A. I was for the general 
election. 

(}. Mrs. .Tulia Barlow, you registered her?—A. Yes. 

Q. And at the time of registration she happened to he in Lower Creek Town¬ 
ship?—A. Yes. 

Q. And Mr. Green Barlow challenged her on the day of election?—A. Yes. 

Q. And she was not permitted to vote because the judges decided she should 
have been in Kings Creek at the time you reg stered her?—A. That was the 
stand that was taken. 

Q. Who asked you to come and register her?—A. IMr. Horace Barlow. 

Q. Something has been testified about some Andrews tickets that were not 
voted. Did you receive some tickets from some Andrews?—A. I did. 

Q. How many?—A. Four—Alva Andrews, his wife, and two children. 

(}. Alva Andrews had sold lu’s farm and moved to Virginia?—A. He had. 

Q. Had no property left in Caldwell County?—A. Not that I know of. 

Q. Did you buy his farm?—A. My brother did. 

Q. You know lie had gone away?—A. I do. 

Q. About those tickets—were they presented on the day of election?— A. They 
were. 

Q. Was the attention of the judges ciilled to them?—A. It was. 

Q. What decision was reached?—A. That they were not entitled to vote. 

Q. Did IMr. Green Barlow vote?—A. At the time we arrived at tliat deci¬ 
sion—let me tell how it Avas. I presented the Andrews votes—the last of the 
absentees—after the others were dis])osed of. but we had had some controversy 
over it liefore, because there was a new judge appointed on the day of election. 
Mr. Parlear was the one who had resigned, and I swore in .Tarvis. but I also 
found out that Barlow, the Republican judge, had not been sworn in, and he 
took the oath that morning. .lust before we opened the ballot box T presented 
these Andrews tickets. I said: “ Here are the Andrews tickets. For my part, 

I have decided they can not vote, but I will leave it to the judges.*’ And IMr. 
Jarvis says: “ They can not vote,” or words to that effect, ami IMr. Baidow says : 

“ That disposes of it,” or something like that. I said I had found no law' so 
they could vote and had been told they could not, and then I asked what dispo¬ 
sition to make of these ballots, and the judges—both of them—agreed that it 
was the law that they should be destroyed without opening them and told me 
it was my duty, and I put them in my pocket, and my wife and mother burned 
them the next day. 

Q. You do not know what kind of ballots they were?—A. I do not. 


CAMPBELL VS. DOIJGHTON. 


985 


Q. Were they in lejjal form and properly addressed—some of those yellow 
envelopes sent out by the county hoard of elections?—A. They were the regular 
ones, 

(}. Do you know George White?—A. I do. 

Q. Where is his home reputed to he?—A. In Kings Creek Towiish p. 

Cross-examination by Mr. Adams: 

(J. Mr. George White testified here this morning, did he not?—A. Yes. 

Q. As to these Andrews votes, I believe you stated you never did open them 
up?—A. No. 

(i. After you got through voting the absentee votes you then stated to them 
that there were some ballots, but the officers had ruled they were not entitled 
to vote?—A. That hadn’t been ruled, because there was a new .fudge, and we 
had talked it over the da.v before. 

Q. You announced to him that you had ruled the day before that they were 
not entitled to vote?—A. We hadn’t finally decided, and we could not decide 
because the other judges were not sworn in at that time. 

(}. Did you have it up with the judges the day before?—A. We met on Mon- 
da.v and talked it over, but never came to a final decision on it, 

Q. Did you have it up on election day?—A. ,Tust the way I told you a while 
ago. 

Q. Hut .vou never did open up these votes at all?—A. No. 

Q. You were registrar?—A. I was. 

Q. Were they addressed to you?—A. 1'hey were. 

Q. You never did look to see whose votes were in?—A.yl didn't have any 
right according to what the judges told me. 

(}. What advice did they give .vou about them?—A, Said to destroy them 
without opening them. 

(). What was your purpose in destroying them?—A. That was the stand the 
judges took. If was ihy duty; and as the Hepublican judge agreed to it, I saw 
no reason why it .should not be done, 

(j. Were there any other absentee votes that day that it was decided could 
not he voted?—A. No others challenged. 

(}. Whose names were on the corners of the envelopes?—A. I do not know 
whether I can remember the initials. There was Alva Andrews and his wife, 
:Mrs. PIlizabeth Andrews, and Lon and Carl Andrews, and their address was 
some place in Virginia. 

Q, They came through the mail to you?—A. Yes. 

Q. And you destroyed the votes without opening them up at all—destroyed 
the other absentee votes?—A. I don’t know whether they are at home, or where 
the.V’ are, unless tlieir names were marked on the back of the ballot. 

(j. If their name is marked on the back of the ballot, the law requires you to 
produce them?—A. Yes. 

Q. If the consti'uction of the law would prove to be otherwise, then, as a 
matter of fact, you violated the law in destroying them, did you not?—A. I 
suppose so. 


CAUL PPINNPILL, a witness for the contestee. being duly sworn, testified as 
follows: 

r)irect examination by Mr. Sqi'ires : 

Q. Were you pre.sent at the time these Andrews votes were brought out?— 

^'cX ^Vhat was said?—A. IMr* Green brought out .some envelopes, and he said 
that is all the absentee votes except the Andrews votes, and tlie.v can not vote, 
and Mr. Green Harlow says: “ I have never seen any law to prohil)it their vot¬ 
ing but have been told tiiere was one,” Mr. Jarvis said they could not vote, 
ami tliere was some little argument as to what to do with those votes, and they 
came to the decision that Mr. Green, the registrar, was the man to take charge 
of them and destroy them without opening them. 

(j. The Andrews famil.y have moved to Virginia? A, Yes. 

Moved all their property?—A. All that I know of. 

And sold out everything they had?—A. So far as I know. 

And did before the election?—A. Yes. 


Q- 

Q. 

Q. 


(h’oss-examination by Mr. Adams: 

Q. You .sav that Mi’. Green brought the ab.sentee vote out. and the first 
that was said was “ These Andrews votes can not be voted i- 
and brought them out of his pocket. 


A. He was there 


986 


CAMPBELL VS. DOUGHTON. 


Q. Then tlie other judge there spoke up and said they could not vote. Mr. 
Jarvis and Mr. Green were the Democratic judges of election?—A. Yes. 

Q. And they being two in number, and only being three in all, that decided 
it, and Mr. Barlow so stated at the time—the other judge who was a Repub¬ 
lican?—A. Yes; after he said he knew no law, but had been told there was one. 

Q. They were not opened up?—A. No. 

Q. And the judges instructed the registrar to destroy them?—A. Yes. 

Q. And to Imrn them up?—A. I don’t believe there was anything said about 
burning them. They were to be destroyed. 

Q. If there is anything wrong about these votes, do you think it the proper 
method to destroy them?—A. I don’t know. 

(^. They had moved to Virginia?—A. Yes. 

Q. Before the election?—A. Some time before the election. 

(The contestee here introduces the honorable discharge of Jesse H. Presnell 
from the Army of the United States, dated at Camp Jackson, S. C., on March 
1, 1921, on which discharge it was said that his character was very good. 
Which the attorney for the contestant accepts as absolute proof.) 

W. AV. DYSAllT, a witness for the contestee. being duly sworn, testified as 
follows: 

Direct examination by Mr. Squires : 

Q. Do you know Sallie Dysart?—A. Yes. 

Q. AVhat relationship does she bear to you?—A. My daughter. 

Q. Where does^he live?—^A. She is at home. 

Q. Where is her home, and where has it always been?—A. She has always 
lived with me. 

Q. AA^here has it been for the last 10 years?—A. AVith me. 

Q. In Lower Creek Township, Caldwell County?—A. Y'es. 

Q. She was away from here last election. AVhat was she doing?—A. She 
went last spring to Greensboro to school and took a business course. 

Q. Comes back off and on?—A. Yes. 

Q. And happened to be there at the election and voted absentee?—A. Yes. 

Q. AA^here is her home?—A. AATth me. 

Cross-examination by Mr. Adams : 

Q. That is your daughter?—A. Yes. 

Q. She has not worked away from here at any time?—A. No. 

Q. She was in school?—A. Yes. 

AVADE MILLER, a witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Squires : 

Q. Mr. Miller, did your wife vote an absentee ticket?—A. Yes. 

Q. AVhy could she not come to the election in person?—A. Confined. 

Q. AAJio fixed up that vote?—A. The registrar. 

Q. You got him to come to your house before the election and fix up the 
ballot?—^A. Yes. 

Cross-examination by Mr. Adams : 

Q. Did the registrar just fix up the ticket or did he put in an affidavit?—A. 
She signed some papers. 

Q. Did she sign a certificate?—A. I suppose so'. 

Q. And he signed the certificate as witness, or did you?—A. I don’t remember. 
I saw her sign something. 

Q. You don’t remember whether there was an affidavit with it or not?—A. 
I am not right positive. 

Q. AA^as the vote sealed at the time?—A. Yes. 

Q. You didn’t make any affidavit?—A. No; I suppose not. 

Q. Did you witness the certificate that she signed?—A. I saw her sign it. 

Q. Did you witness it?—A. I don’t recollect. 

Q. AVho else was present beside you and the registrar?—A. Nobody. 

Q. The registrar must have witnessed it. He could not make an affidavit 
and be a witness too, could he?—A. I don’t know. 

Redirect examination: 

Q. The only thing you know is you told him to fix it up so she could vote 
and he did that?—A. Yes. 


CAMPBELL VS. DOUGHTON. 


987 


Tv. K. SHLFOUI), a witness foi- the eoiitestee. hein.tj diilv sworn, testified as 
lollows: 

i:)irect examination by Mr. Squires : 

Q. Mr. Shnford, Clara Shiiford is your sister, is she not?—A. She is. 

Q. She lived here last summer?—A. Yes. 

Q. hat was she doinj? in Shrevepoid. T.a.?—A. She lias a position there 
at present. 

Q. What did she go there for?—A. To take a business course. 

Q. \ou have a brother there?—A. Yes; she is coinin. 2 : home now Will he 
home the middle of May. 

Q. M here has she lived all her life?—A. Seven miles west of here, in Lower 
Creek Township. 

Q. What does she call home?—A. Here with me. 

Q. Did she leave there with the intention of losing her residence in I.ower 
Creek?—A. Her personal property is out there with me. 

Q. She is still interested in the farm?—A. Yes. 

Q. Lloyd Shnford; he is your brother?—A. Yes. 

Q. Did he vote?—A. I don’t know. 

Q. AVhat is the reason of his not being here?—A. He is at school 

Q. Where?—A. Brevard, N. C. 

Q. He is 21 ?—A. He is 22. 

Q. This is his home?—A. Yes. 

Q. You have another brother?—A. Yes; George. 

Q. Where does he live?—A. He was at Cliffside, N. C. 

Q. What was he doing there?—A. He has a position there. 

Q. Where is^his home?—A. Seven miles east of here. 

Q. With you and your mother?—A. Yes. 

Q. Still owns an interest in the farm?—A. Yes. 

Q. Did he leave Caldwell County permanently?—A. He went to Cliffside the 
15th of October. 

Q. Has he been back since?—A. He was at home Christmas. 

Q. Still calls this home?—A. Yes. 

Cross-examination by Mr. Adams : 

Q. Where is Cliffside, Mr. Shuford?—A. It is in Rutherford County, N. C. 

Q. He went there last October?—A. Yes. 

Q. Has a position there?—A, Yes. 

Q. A single man?—A. Yes. 

Q. That is George Shuford you speak of?—A. Yes. 

Q. Lloyd is away in school?—A. Yes. 

Q. Where was Clara Shuford before she went to business college?—A. She 
was working in Lenoir, in the office of the register of deeds. 

Q. How long has it been since she left the register of deeds’ office?—A. About 
two years ago. 

Q. Where did she go then?—A. She went home and then to Shreveport, La. 

Q. What did she do down there?—A. Took a business course. 

Q. How long has she been there?—A. She went in 1919. 

Q. Been there two years then?—A. Something like that. 

Q. She is a single lady?—A. Yes. 

Q. Voted absentee from there?—A. I think so. 

Redirect examination: 

Q. Was she here last year, in'the fall?—A. Yes. 

J. T. TOLVERT, a witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Squires : 

Q. You were present when Cleve and Hub Holsclaw applied for registration ?— 

.A. 

Q. State what happened ?—A. I think it was on the last Saturday of the regis¬ 
tration. It was in the store house and Cleve and Hub were in there—came in 
for registration. Two or three others were in there. The registrar said, “ All 
of you come up here if you want to register,” and they all come up and took the 
oath, all together, and he says, “Can you read and write?” and Cleve and 
Hub stepped back. That is all there was about it. They shook their heads 
and never said anything more. 


988 


CAMPBELL VS. DOUGHTON. 


Cross-examination by Mr. Adams : 

Q. Who is the rej^istrar there?—A. Felix Downs, 

Q. You were present when he went up to reg:ister?—A. They went up with 
a bunch; yes. 

Q. And tlie re^strar asked them if they could read and write and they shook 
their heads?—^A. Yes. 

Redirect examination: 

Q. He never refused them registration?—A. That is all they did. 

Recross-examination: 

Q. What was the purpose of asking these men if they could read and write?— 
A. To know if their educational qualifications were all right. 

Q. When he asked that question they shook their heads. Did they come up 
here and testify they could not read and write?—A. I don’t know. 

PRANK IMILLER, a witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Squires : 

Q. Do you know John Prestwood?—A. Yes. 

Q. Where does he live?—A. He lives about miles southwest of Lenoir. 

Q. Do you know whether he voted last fall?—A. Y’^es; he voted. 

Q. Absentee?—A. No. 

Q. In person?—A. Yes. 

Q. You know him to have been a citizen of Caldwell County for how long?— 
A. He has been here most of the time since he was a child. He was in Cleveland 
at work after the war a while. He was in France during the war. He came 
back and voted and his home has always been here. He owns land and pays 
taxes here, 

Q. Do you know Fred Prestwood?—A. Yes. 

Q. Where did he vote?—A. I don’t know whether he voted or not. 

Q. What township does he live in?—A. South Lenoir. 

Q. How long has he been here?—A. All his life. 

Q, Do you know whether he voted absentee?—A. I don’t know whether he 
voted. 

Q. Was he here election day?—A. Yes; I snw him. 

Q. How long has he been in the county?—A. I do not know of his ever being 
out of it. 

Cross-examination by Mr. Adams : 

Q. How many of these Prestwood boys are there?—A. There are several. 
Six or seven. Fred and John are not brothers. 

Q. Which ones were in Cleveland?—A. John. 

Q, Cleveland, Ohio?—A. Yes. 

Q. Was he there at the time of election?—A. No ; he was here. 

Q. Was he there prior to the election?—A. Sometime before the election. I 
don’t know how long. 

Q. Have a position?—A. He was working in some of the battery plants. 

Q. Is he single?—A. Yes. 

Redirect examination: 

Q. Ho went to Cleveland after he came back from France?—A. Yes. 

Recross-examination: 

Q. Where is he now?—A. He is at home, 2^ miles from here, or was Sunday. 

Q. How long has he l)een back here?—A. Ever since before the election. 

Q. Hoav long before the election, as much as two years?—A. No; it has not 
been two years since he went out there. Nothing like it. 

T. D. EARNEST, a witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Squires : 

(). ]\Ir. Earnest, you are a Republican I believe?—A. Yes; I am a Republican. 

Q. Were you present at the election at Kings Creek?—A. I-was present there 
the most of the day. 

Q. Do you know anything about the discussion of these Andrews votes?— 
A. I never heard anything about that. 


CAMPBELL VS. DOUGHTON. 989 

Q. When did Andrews leave Kings Creek?—A. I don’t know. I think it was 
in September when he sold out. 

Q. He sold out all he had?—A. Yes. 

Q. And moved himself and family to Virginia?—A. Yes. 

Q. Do you know Green Barlow?—A. Yes. 

Q. Do you know his general reputation?—A. I don’t know whether I do or 
not. 

Q. What do you think it is?—A. I^et that pass and have no more to say 
about it. 

Cross-examination by Mr. Adams : 

Q. What is your name?—A. T. D. Earnest. 

Q. Mr. Barlow was the Republican judge at the election?—A. Yes. 

Q. The judges and officers of that county are certified and appointed by 
Democratic officers, are they not?—A. Yes. 

Q. Who is the Democratic official that certifies the election officers in this 
county. 

(No. answer.) 

P. A. HEALAN, a witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Squires : 

Q. Where do you live?—A. In the town of Lenoir. 

Q. What relationship do Claude and Dick bear to you?—A. They have always 
called me father. 

Q. Where is Dick’s home?—A. In Lenoir. 

Q. How long has it been in Lenoir?—^A. All his life. 

Q. How old is he?—A. Twenty-four years old. 

Q. Did he vote at the last general election, an absentee vote?—A. Yes. 

Q. Where was he?—A. In Cleveland. 

Q. What was he doing there?—A. Working for Willard Battery Co. 

Q. He comes home occasionally—visits you and claims this as his home?— 
A. Yes. 

Q. What about Claude?—A. He is there. Dick came here in July and stayed 
until September, and he married last Christmas a year ago. Claude has been 
there about three years, but has his furniture all in my house, and is just there 
temporarily. I am looking for him home. 

Cross-examination by Mr. Adams : 

Q. Whereabouts do you live, Mr. Healan?—A. Live in tlie jail. 

Q. Which ward is the jail in?^—A. South Lenoir. 

Q. In which ward did your boys vote?—A. South Lenoir. 

Redirect examination: 

Q. They w'ere subject to the jurisdiction of the draft board of Caldwell 
County?—A. Dick was^drafted; he was in Cleveland and he went to France, 
and after that they wrote for him to come back. 

Q. He was drafted from Caldwell County?—A. Yes. 

Recross-examination: 

Q. Is he in Ohio now?—A. I reckon so; he may be on the road. 

Q. Were two of your boys there at the time of election?—A. Yes. 

Q. Were they married?—A. Yes. 

Q. Both married?—A. Yes. 

Q. Were their wives there?—A. Yes. The older one, Claude, has his furniture 
at my house, stored away. Dick was just married last Christmas, and what 
he has is there, too. 

Q. One of them was out there before he was drafted in the Army?—A. Yes; 
that was Dick. 

Q. And after he got out of the Army he went back?—A. They wrote for 
him to come back to his same job. 

Q. Was Dick a single man?—A. He married last Christmas. They came 
back in July and stayed until September. 

Q. Did his wife go?—A. Yes. 

Q. Were they housekeeping?—A. They boarded. 

Q. That is Cleveland, Ohio?—A. Yes. 


990 


CAMPBELL VS. DOUGHTON. 


Redirect examination: v 

Q. You say they were both sul).ject to tlie draft board here?—A. Yes; never 
called them', though. ' / 

SHULER MESSICK, a witness for the contestee, being duly sworn, testified 
as follows: t 

Direct examination by Mr. Squires : 

Q. You were registrar at Patterson precinct?—A. Yes. 

Q. There was something said at a former hearing about Mr. Setzer’s boys; 
he has already testified about that?—A. Yes. 

Q. Now, did a Mrs. Jones vote absentee?—A. l^es. 

(}. IMrs. IMary B. .lones, she is the widow of A'. L>. Jones?—A. Y^es. 

Q. An old lady?—A. She must be close to SO. 

Q. Didn’t come out often?—A. No. 

Q. Was there a doctor’s certificate or affidavit with that?—A. So far as I 
know, it was fixed up legally. The vote was not challenged on that ground. 

. Q. Why was it challenged?—A. IMr. Setzer’s boys’ votes were challenged on 
the ground that they were away from home. 

Q. Mrs. Faw voted an absentee vote?—A. Y'es. 

Q. Why was she not at the election?—A. She was not able to be there. 

Dr. Wilson’s certificate was in that. 

Q. Alexander Elrod voted in Patterson precinct?—A. Yes. 

Q. ReiuibJican ticket, including Dr. Campbell?—A. Yes. 

(). Where does lie live?—A. At Iron Station, N. C. 

Q. Where was he li^■ing when he voted?—A. He was living at Iron Station. 

Q. Was his family there?—A. Yes. 

Q. You didn’t know it at the time he voted?—A. Yes; I knew he was living 
at Iron Station. 

Q. Did anybody challenge him?—A. No. 

Q. He was a nonresident?—A. Yes. 

Q. How about Victor Harris?—A. He didn’t vote. 

Q. Is he a Democrat or Republican?—A. Republican. 

Q. Why was he not permitted to vote?—A. It was not in his voting precinct. 

Q. Where did he live?—A. Richlands. 

Cross-examination by Mr. Adams : 

Q. This iNIary B. Jones—you state so far as you know the ticket was legal. 
Did you state that there was an affidavit or doctor’s certificate with the certifi¬ 
cate?—A. I don’t remember; the vote was not challenged at all. 

Q. I'm! say there was a certificate with Mrs. Faw?—A. Yes. 

Q. Y'ou remember there was one?—A. I remember because they were not 
challenged. 

Q. Is that the only reason—they were not in proper form?—A. Yes. 

Q. How many absentee votes did you have that day?—A. I don’t remember. 

Q. Approximately?—A. Fifteen. 

Q. How many Democratic votes?—A. Don’t remember. 

Q. Approximately?—A. Two-thirds. 

WILL BEAYI, a witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Squires : 

Q. Do you know Wes Kaylor and his wife?—A. Yes. 

Q. Their votes were challenged on election day?—A. Yes. 

Q. Were they citizens of Caldwell County?—A. They had been all the time. 
They went off to work in a cotton mill somewhere. 

Q. Did they go off with the intention of coming back?—^A. Yes. 

Q. Did he leave his property in Caldwell County?—A. He left what he had 
at his son’s. 

Q. He voted absentee vote?—A. Yes. 

Q. Is there anybody else v/hose vote was challenged?—A. Will Childers and 
his wife; they were working in Schoolfield, Va., working in a cotton mill. 

Q. Had they left with the intention of coming back?—A. They said when they 
went to work they would come back. 

Q. Did they come back?—A. Have not yet. 

Q. Is their stuff here?—A. Some of it is. They didn’t have much. They left 
what’they had here. 


CAMPBELL VS. POUGHTON. 


991 


Q. And intended to come back?—^A. Yes. 

Q. Anybody else there challenged ?—A. Two Mr. Kaylors. 

Q. Where were they?—A. Ab was in South Carolina. 

Q. What was he doing there?—A. Sawmilling. 

Q. Single?—A. Married. 

Q. His wife with him?—A. Yes. 

Q. Did they take their property with them?—A. No; they left it. ’They are 
back, too. 

Q. They didn’t go away with the intention of staying?—A. No. 

Q. They were all away just for a month or two with the intention of coming 
back?—A. Yes; they just went oft to work a' while. They still call this their 
home. 

Cross-examination by Mr. Adams : 

Q. Mr. Kaylor and his wife were employed in a cotton mill?—A. Yes; before 
they went away. They worked a couple of months. 

Q. Where do you live?—A. In North Catawba. 

Q. Where did they go?—A. They went to Schoolfleld, Va. 

Q. Were they housekeeping?—A. I could not tell you. They went to work 
in a cotton mill. They are back. 

Q. They were there at the time of election and voted absentee?—A. Yes. 

Q. Both of them voted, man and wife?—A. Yes. 

Q. As to Will Childers and his wife, they were at Schoolfleld working in a 
cotton mill, man and wife, and both voted absentee, and were there on the day 
of election?—A. Yes; they hadn’t been gone very long. Ab Kaylor went to 
South Carolina. ^ 

Q. His wife went with him?—^A. Yes. 

Q. They were there at the time of the election and voted absentee?—A. Yes. 

Q. All voted the Democratic ticket?—A. Yes. 

CHARLIE SMITH, witness for the contestee, being duly sworn, testifled as 
follows: 

Direct examination by Mr. Squiees ; 

Q. Do you live in North Catawba?—^A. Yes. 

Q. Do you know Albert Kaylor?—A. Yes. 

Q. Where did he go?—A. To South Carolina in a sawmill. 

Q. You were with him ?—A. I went about two weeks before. 

Q. Did he move his property away?—A. Just a portion of it. 

Q. Did he move away with the intention of making South Carolina his 
home?—A. No. He went to work and came back. Bought property in North 
Catawba. 

Cross-examination by Mr. Adams : 

Q. You do know that he and his wife moved away and were there at the 
time of the election? Were you boarding with them? Were they keeping 
house?—A. They were kind of housekeeping. His wife was doing the cooking 
for the company and was running the house. 

Q. As to those people’s intentions, you only know what they said? You don’t 
profess to be a mind reader?—^A. Never have. 

Q. They had to tell you this? All you know is what they said?—A. Yes. 

Redirect examination: 

Q. According to your mind reading, a man does not lose his citizenship by 
going out of the county to work for a month or two, does he?—A. Not to my 
knowledge, he don’t. 

Recross-examination: 

Q. Actions speak louder than words. Actions prove he moved out of this 
county and State and moved to South Carolina?—A. The geography says so. 

'V. D. QUIRE, witness for the contestee, testifled as follows, after bein^ duly 
sworn: 

Direct examination by Mr, Squires : 

Q. You are postmaster?—A. Yes. 

Q. How long have you lived here?—A. Twenty-flve years, 

Q. Do you know Mrs. Susie Fuller?—A, Yes; I have known her a number of 
years. 


992 


CAMPBELL VS. DOUGHTON. 


Q. How long has she lived here?—A. I don’t know. I would say 15 years. 

Q. She has a home in Lenoir?—A. Yes. ^ 

Q. Is her property liere personal property ?—A. I don t know. 

Q. Owns a house and lot?—A, Yes. 

Q. And lives in it in the summer time?—A. Yes. 

Q. Was in it last summer?—A. Think so. Teaching someN\here this jeai. I 

do not know where. , . « . i 

Q.- Do you know her daughter, Lizzie Fuller? \Miere is she?—A. ihe last 
I knew of her she had a Government position in Washington. 

Q. Was she teaching in the graded schools when she was appointed to the 
Government position?—A. Yes. 

Q. Has she had any other home than Lenoir for the past 15 years?—A. Not 
to my knowledge, 

Q. Raised here in Lenoir with her mother?—A. Y^s. 

Q. Her mother was a teacher in Lenoir for years?—A. Yes. 

Cross-examination by Mr. Adams : 

Q. Where was Mrs. Susie Fuller at election time?—A. I really don’t know 
where she was. 

Q. 1)0 you know where she had been prior to that time?—A. No; except I 
know she was teaching school somewhere. 

Q. Is she single?—A. A widow. 

Q. IMiss Lizzie Fuller—where was she at the time of the election?—A. She 
was still working in Washington, so far as I know. I understand she is 
married now. 

Q. Married since or prior to the election?—A. I am not informed as to that. 

Redirect examination : 

Q. Do you know Mrs. Mary Penn Barnhardt?—A. Yes. 

Q. She'weiit to school at Davenport College?—A. Yes. 

Q. Taught there a year or two?—A. Y^es. 

Q. And married Mr. JMat Barnhardt and has lived in town ever since?—A. 
Y>s. 

Q. Lower Creek precinct?—A. Yes. 

Recross-examination : 

Q. Who was this Ylrs. Mary Penn Barnhardt before she married?—A. She 
was Miss IMary Penn. 

Q. Where did she live before she married?—A. Her mother lived in Boone, 
but she went to school at Davenport College and taught there a year or two. 

Q. What time did she marry Mr. Barnhardt?—A. I don’t remember just 
when. I would say probably six months. I would not be positive. 

Q. As a matter of fact, that is when she adopts the domicile of her hus¬ 
band?—A. I could not tell you about that. 

Q. She was here as a teacher prior to her marriage to this man?—A. Yes. 

Q. What is her occupation?—A. She is a school-teacher. 

Q. If Mrs. Susie Fuller is away as a school-teacher and is entitled to vote 
here, why would not the voting place of Mrs. Mary Penn Barnhardt have been 
Wautauga when she was here in college and was a teacher in college? 

(The contestee objects to the witness swearing to the law.) 

A. I could not draw the comparison. I am only stating facts. 

Q. YT)U can see the circumstances?—A. Yes. I am not sufficiently advised to 
answer it. 

R. B. HARTLEY, a witness for the contestee, being duly sworn, testified as 
follows: 

Direct examination by Mr. Squikes : 

Q. Do you know Miss Lizzie Fuller?—A. Y>s. 

Q. How long have you known her?—A. For the last 16 years. 

Q. How close does she live to you?—A. In about 50 yards. 

Q. Where is her home?—A. East avenue, Lower Creek precinct. 

(). What business is she engaged in?—A. She was teaching until she got a 
Government job. 

Q, Where is she now?—A. Washington City. \ 

Q. Where has she lived for the last 15 years?—^A. Over there. 

(Y. Mrs. Susie Fuller, she is her mother?—A. Yes. 



CAMPBELL VS. DOUGHTON. 


993 




i}. How long bus she lived in T^enoir?—A. The same length of time. 

Q. A widow?—A. Yes. 

Q. Her home is in Lenoir?—A. Yes; and her household goods are still there. 

Cross-examination by Mr. Adams : 

Q. Do you know where she was at election?—A. She was' at Durham—is 
there now. 

(}. A single lady?—A. A widow. 

y 

W. C. MOORE, witness for the contestee, recalled, testified as follows: 

' Direct examination by Mr. Squires : 

l>o you know Mrs. Wayne Crews?—A. I do. 

Q. Did she vote here last fall?—A. She did. 

Q. What ticket did she vote?—A. Republican ticket. 

Q. And for Dr. Campbell?—A. Yes. 

Q. Was she a resident of Caldwell County?—A. She was not, I do not think. 

Q. Where had she been?—A. She had been out of the county at Marion. 

Q. How long had they been away?—A. l*rohably 3G to IS months. 

Q. Moved their property and effects away ?—A. Yes. 

Q. And he had a job in a furniture factory in Marion?—A. Yes. 

Q. How long had he been back in Lenoir before the election?—I. don’t think 
they had moved back at the election. Hadn’t moved their household goods. 
I challenged her vote. She was not registered. She i-aised such a fuss around 
the polls until the registrar finally put her name on the registration book and 
let her vote. 

Q. Were you present when Mr. Way applied for registration?—A. I passed 
by. I was not present. 

Q. Do you know why he was not registered?—A. I heard the conversation 
between the registrar and Mr. Way. 

Q. What reason was assigned for refusal to register him?—A. The registrar 
asked him if he had been living in the township ffir four months. It seems he 
had moved out of John’s River Township. 

(The contestant, through his attorney, objects to the witnes-s testimony as 
it is hearsay, the registrar being an official who can testify as to himself.) 

A. They were having some argument about it, and he says “ I will register 
you if you will swear you have been in the township four months,” and he said 
that he would not swear, Mr. Presnell told him he would not register him. I 
then pa.ssed on. 

That was the last day of registj-ation?—A. I do md remember. It was 
Saturday afternoon. 

Cross-examination by Mr. Adams ; 

Q. Do you know whether he applied any more for registration?—A. I do not. 

(J. Did he vote?—A. I don’t know. 

Q. This Mrs. Crews, you say they put her name on the book because she 
raised such a fuss?—A. She tried to vote in two or three j)recincts here. I 
challenged her vote, but they ruled and let her vote. 

Q. It is mighty hard for these registrars to get by a woman? 

W. B. HOLSCLAW, witness for the contestant, being duly sworn, testified 
as follows: 

Direct examination by Mr. Adams : 

(^, You were the Democratic judge at Richlands precinct?—A. Yes, 

Q. Was any poll book kept up there on election day?—A. I don’t think so. , 

Q. What record was made of the tickets, if any?—A. They were marked on 
the registration book. 

Q. Had poll books out there, but didn’t use them?—A. No. 

Q. What was the vote up there?—A. You mean the whole vote? One hundred 
and twenty-two. 

Q. What was the Republican majority?—A. One hundred and thirteen. 

Q. How many were Democrats?—A. I think nine, as well as I remember. 

(i. Were you notified to be present on challenge day?—A. No. 

Q. Did they pas-s upon the right of any persons to vote?—A. I don’t know. 

Was anybody challenged on election day?—A. No. 



57G95—21-63 


994 ' 


CAMPBELL VS. DOUGHTON, 


I was told he was 


Q. Did Bol) Bryant vote?—A. No. 

Q. Was he challenged on challenge day?—A. No. 

Q. Is he a Democrat or Republican?—A. I don’t know, 
going to vote the Democratic ticket, but I do not-know. 

Q. He and his.wife had both been away, and they let his wife vote hut would 
not let him vote?—A. No. 

Q. What did his wife vote?—A. Republican ticket. 

Q. That man, Dobbins, the registrar, is a Republican. Did he vote the 
Republican ticket?—A. I could not say. 

Q. The Republican judge is Mr. Curtis?—A. Yes. 


I 


Cross-examination by Mr. Adams : 

Q. You were the Democratic judge that day?—A. Yes. 

Q. And then they had a Republican registrar?—A. Yes. 

Q. And a Republican judge?—A. l^es. 

Q. You were the only Democratic official there?—A. Yes. 

Q. They had a challenge day prior to the election?—A. I understood they 
did. I was not notified of it. 

Q. Were some of the people challenged that day?—A. Mr. Boh Bryant. 

Q. That is a matter of hearsay, you do not know?—A. No; he did not vote. 

Q. Were you at the election grounds voting place the entire day of the 
election?—A. Yes. 

Q. Was it your purpose and aim upon that day to not let anybody vote that 
was not a qualified voter?—A. Yes. 

Q. You were a sworn official?—A. Sworn in that morning. 

Q. And executed your office to the best of your ability?—A. Yes. 

Q. You know the people of that township fairly well?—A. I do not. I had 
just moved up there. 

Q. How long had you been living there?—A. Since February before the elec¬ 
tion. 

Q. Where did you move from?—A. From Lenoir Township, this county. 

(}. l"ou have been living in this county?—A. Yes. 

(}. You say there was no poll book kept that day?—A. No. 

Q. And they chec-ked by the registration book?—A. Yes. 

Q. You didn’i (hallenge anybody that day?—A. I did not. 

Q. The ]ieoi>le who voted, whose names were not on the registration books, 
you did not challenge?—A. There was no one voted that was not on the reg¬ 
istration book. 

Q. All the people that voted had their names on the registration book?— 
A. Yes. 

(}. The i-eg'strar had the registration book to check up as thev voted?— 
A. Yes. 

Q. And you saw him do the checking?—A. Y’^es. ' 

Q. Sat by him as one of the officers?—A. I was there all day. 


A. D. 
follows: 


LITTLE, w tness for the contestee, being duly sworn, testified as o 


Direct examination by Mr. Squires: 

Q. IMr. Little, were you at the election at Gamewell?—A. Yes. 

Q. Did you see a fight there during that day?—A. I saw the latter part of it,, 
and the first. 1 didn’t see the Lcks struck. I just turned my back. 

Q. The Republican beat the Democrat because he was arguing for Wilson, 
was not that the fact?—A. Yes; that was principally it. The Republican hit 
him because the man had said the League of Nations was a thing he believed 
in. and the Rej>ubllcan said, “Now you have said enough,” and cursed him and 
told him to get away. The man said, “ If I must go I must,” and turned 
around and started off. After he got off a few feet the fellow stepped up be¬ 
hind and hit him in the back. 

Q. Because of that Judge Shaw declared a forfeiture of his behavior bond?— 
A. Yes. 

Q. You were mail carr’er for many years?—A. Yes. ' ' 

Q. Do you know the citizens of that community very well?—A. Yes; I know 
them all. 

Q. How many of the newly registered women were permitted to vote that 
coidd not I’ead and write?—A. There were at least from 6 to 10. 

Q. Do you know the man who taught school at Hartman?—A. Yes. 


t\ 


I 





CAMPBELL VS. DOUGHTON. 


995 


Q. Where did he hoard?—A. R. M. Tuttle’s. 

Q. He has been appointed to a Government position, but has always voted at 
Gamewell? A. Yes. He always came back until the absentee law went into 
effect. 

Cross-examination by Mr. Adams : 

Q. You are mail carrier down there?—A. Not now. 

Q. Were you at the time of the election?—A. No. 

Q. At the time of the registration period?—A. No. 

Q. Were you present at the precinct on registration days?—A. I was present 
after the registration books were opened until the 3 ’^ were closed. I was there 
in this precinct, but I was not at the place of registration on registration days. 
I passed there several times. 

Q. Did your registrar go around and register people throughout the town¬ 
ship?—A. Some. 

Q. Did you go with him?—A. Yes. 

Q. Went with him around to register people?—A. Yes. 

Q. To help him look up the people?—A. I knew the best roads and had a car 
and was not doing anything, and carried him around. 

Q. Did you register them day and night?—A. Not night; in the day. 

Q. How many Republicans did you say registered who could not read and 
write?—A. From 6 to 10. 

Q. How many were registered because they could not read and write?—A. I 
don’t know. 

Q. How many Democrats were refused registration because they could not 
read and write?—A. Some of both. 

Q. Did you make any canvass to see how many Democrats were refused reg¬ 
istration because they could not read and write?—A. We asked some Demo¬ 
crats if they wanted to register and they said, “ No ”; they could not stand the 
qualification test. 

Q. You would ask the Democrats?—A. We asked the Republicans, too. I 
asked one man myself. I told him it was his duty to vote one way or the 
other. 

Q. Did this registrar put these people’s names on the book himself?—A. Yes. 

Q, This registrar was your Democratic friend, was he?—A. He was a Demo¬ 
crat; yes. 

Q. And the law requires that they shall only satisfy him as to their quali¬ 
fications?—A. I do not know. 

Q. If he is satisfied you ought to be.—A. They were not satisfying me. 1 
was not doing the registering. 

Q. How many Democratic women voted that could not read and write?— 
A. I could not say. I don’t know whether they all voted that was registered, 
but I know they registered some Republican women that their writing was not 
legible. They had come up to Gamewell and registered on the first and second 
days of regikration. Most of the Republican women came up there and reg¬ 
istered, so I understood, and somebody said to the registrar, “You have got 
some on there that can not read and write,” and we went back and visited 
these parties and I saw their writing was not legible. 

Q. You went back and applied the constitutional requirements and test the 
.second time?—A. I don’t know anything about the second time. I don’t know 
whether he had ever put the qualification test to them when they registered. 
I was not there. 

Q. You never did state how many Democrats voted that could not read or 
write?—A. I would not say over one or two. I would not say they voted. I 
know of some that did not register. 

(Thereupon the commissioner of testimony adjourned the hearing until 
April 25, 1921, at 10 o’clock, in the county courthouse of Caldwell County, 
counsel for the contestant agreeing to accept notice containing the names of 
the witnes.ses and addresses if mailed to him at Statesville, N. C.) 

District of Columbia, City of Washington: 

I, Fan Barnett, stenographer in the al)(»ve hearing, being duly sworn as 
stenographer in the above hearing, being duly sworn as stenographer for said 
hearing, depose and upon oath state that the above is a true and Correct cop.v 
and transcript of the evidence produced before me to the best of mj' knowledge 


996 


CAMPBELL VS. DOUGHTON. 


and ability as stenographer, and included with said transcripts are all exhibits 
placed in my custody. 

This the 9th day of May, 1921. 

Fan Barnett. 

Sworn to and subscribed before me this the 9th day of May, 1921. 

[seal.] Wayne W. Cordell, 

Notary Public. 

My commission expires the 6th day of August, 1924. 

North Carolina, Caldwell County: 

I, W. F. Scholl, notary public for and in the county of Caldwell, as commis¬ 
sioner of testimony in the hearing of James I. Campbell, contestant, and 
Robert L. Doughton, contestee, do hereby certify that the above transcript of 
the evidence by Fan Barnett as stenographer, is a true and correct copy of 
evidence produced before me as commissioner of testimony. 

[seal.] William F. Scholl, 

Notary Public. 

My commission expires the 11th day of August, 1921. 

The hearings in the above entitled cause were opened in the county court¬ 
house of Rowan County at Salisbury, N. C., on Wednesday, April 13, 1921, at 
2 o’clock p. m. Mr. B. D. McCubbins sat as commissioner for the testimony 
under his oath and official commission as notary public. Miss Gladys B. 
Mason was duly sworn as official stenographer and reporter. 

Preent in behalf of contestant, Mr. Monroe Adams, Mr. J. M. Waggoner, 
Mr. W. L. Campbell. 

Present in behalf of contestee, Hon R. L. Doughton in person, Hon. T. W. 
Bickett, Mr. Walter H. Woodson, Mr. P. S. Carlton, Mr. Kerr Craig. 

R. E. ANDREWS, witness introduced by contestee, being first duly sworn, 
testified as follows; 

Direct examination by T. W. Bickett : 

Q. Mr. Andrews, it appears in the testimony of Mr. J. D. Dorsett, in behalf of 
contestant, that he challenged your right to vote in the election of 1920 for 
the nonpayment of poll tax, please state your age?—A. Sixty-five. 

Cross-examination by Monroe Adams : 

Q. What did you say your age was?—A. Sixty-five. 

Q. What is your initials?—A. R E. Andrews. 

Q. You make your return that way?—A. Yes, sir. 

Redirect examination by T. W. Bickett: 

Q. Did Mr. Dorsett make any inquiry of you or any members of your 
family about your age?—A. Not to my knowledge. 

L. A. VUNCANNON, witness introduced by contestee, being first duly sworn, 
testified as follows: 

Direct examination by T. W. Bickett: 

Q..Mr. Vuncannon, Mr. J. D. Dorsett in his testimony in behalf of con¬ 
testant challenged your ,right to vote for the the nonpayment of poll tax, 
stating that you were between 40 and 50 years of age. Please state vour age—" 
A. Fifty-five. - m 

Q. How far do you live from Mr. J. D. Dorsett?—A. I suppose not over a 
quarter of a mile perhaps. 

Q. Do you see him frequently?—A. I see him often. 

Q. Did he make any inquiry of you about your age?—A. Not that I re¬ 
member. 

Q. Did he make any inquiry of any members of your family that you heard 
about regarding your age?—A. Not that I know of. 

Cross-examination by Monroe Adams : 

Q. How did you make your return Mr. Vuncannon, your tax return?—A. I 
guess as usual. 

Q. Is that R. E. or L. A. Vuncannon?—^A. L. A. 

Q. What is your name?—A. Lee Andrews. 




CAMPBELL VS. DOUGHTON. 


997 


^ BENTON, witness introduced by contestee, being first duly sworn, 

testified as follows: 


Direct examination by Waltee H. Woodson : 

Q. Mr. ^ntmi, Mr. J. D. Dorsett in his testimony here on the part of the 
contestee, Dr. Campbell, challenged your right to vote in the 1920 election on 
the ground that you had not paid your poll tax for the year of 1919 on or before 
the 1st day of May, 1920. What is your age?—A. Twenty-two 
Q. When were you 21?—A. May 24, 1919. 

Q. Who did you make your 1919 return to?—A. Mr. Dorsett 
Q. J. D.^ Dorsett?—A. Yes, sir. 

, Q- That’s the same man that said you had no right to vote in the 1920 elec¬ 
tion?—A. Yes, sir. 


Q. What did he tell you when you made your tax return to him in 1919*^—A 
To my best knowledge, it was told me that I would not have to pav poll tax 
on or before May 1, 1920. 


Q. To the best of your recollection he was the man that took your return?— 
A. I was told at that time that I would not have to pay poll tax. I think he 
was the man. 


Q. How long have you lived in Spencer?—A. Since 1917. 

Q. Where does J. D. Dorsett live?—A. He lives on Fifth Avenue, right over 
the laundry at Spencer. 

Q. Do you see him every day?—A. Yes, sir. 

Q. You know him?—A. Yes, sir. 

Q. And he knows you?—^A. Yes, sir. 

Q. Did he ask you a word about your age before he challenged your vote?—• 
A. No, sir. 

Q. Did he make any inquiry about your age?—A. No, sir. 

Q. You were in Spencer every day?—A. Yes, sir. 

Q. He was there every day?—^A. Yes, sir. 

Q. He made no inquiry at all about your age?—A. Not at all. 

Q. If the rest of his testimony is as unreliable as that, do you think it very 
reliable ? 


(The contestant objects to the attorney of the contestee asking questions as 
pertaining to other evidence. Objection sustained.)' 

Q. He never mentioned a word about your age?—A. No, sir. 


Cross-examiimtion by Monroe Adams; 

Q. You are how old?—A. 22. 

(^. M'lien was your birthday?—A. Twenty-fourth day of May last. 

Q. You were 21 on the 24th day of May, 1919?—A. Yes, sir. 

Q. You do not state positively that Mr. Dorsett ever told you that you did 
not have to pay poll tax?—A. As well as I remember, he said I would not have 
to pay poll tax, because I was not of age on the 1st of May. 


Sheriff JAMES H. KRIDER, witness introduced by contestee, being first duly 
sworn, testified as follow’S: 

Direct examination by T. W. Bickett : 

Q. You are the sheriff of Rowan County?—Yes, sir. 

Q. For how long have you been sheriff?—A. Six years. 

Q. Sheriff, I hand you a list of names, all of whom were challenged by Mr. 
J. D. Dorsett for the nonpayment of poll tax, in his testimony for the con¬ 
testant. I would be glad for you to look at that list and read out each name 
and state what you know about it. First, state whether or not that entire list 
of names on that list had paid their poll tax for the year 1919 on or before the 
1st day of May, 1920. 

(The contestant objects to the evidence on the grounds that it is not authority 
enough, as the document in his hands and is testifying from is not a source of 
authority.) 

Q. Go ahead.—A. All the list I have in my hand has paid. W. J. Stanback, 
at the bottom, I have his receipt where he paid in Montgomery County, but the 
rest were paid in this county on or before the 1st day of May, 1920. 

Q. Read the list.—A. A. L. Walton, T. F. Cornelius, A. W. Leonard, W. E. 
Major, J. L. Lomax, R. B. Snyder, M. A. Grubb, P. Lem Cruse, E. C. Scruggs, 
M. L. Eller, J. D. Carter, Oscar MaHaley. T. H. Wetmore, Roy Sigmaii, C. L. 
Burton, F. B. Lingle, R. L. Meyers, B. D. Trexler, O. B. Eller, C..M. Williford, 
G. L. Wallace, Ralph Cates, J. J. Wright. 


998 


CAMPBELL VS. DOUGHTON. 


Q. Sheriff, their poll taxes are paid under the law in your office?—A. Yes, sir. 

Q. And you kept a record of it?—A. Yes, sir, 

Q. Did you check that list with the original records in your office? 

(Contestant objects to the evidence of the list checked by the sheriff as record 
of best evidence. . 

The contestee tenders to the gentlemen on the other side the original rcords 
in the sheriff’s office for examination to see whether or not the list is correct. 

To which the attorneys for the contestant rejoin and state that this is not the 
day of making records.) 

Q. You verified that list by checking it with the original record?—A. Yes, sir. 

Q. Sheriff, what was the^ action in this county by election officials throughout 
the county with respect toVote.s of soldiers? 

(Contestant objects to any information or evidence of the witness pertaining 
to the election, as he is not the election official.) 

A, There were no soldiers challenged, to my knowledge. 

Q. Was it the general understanding by all contestants and all parties that 
soldiers and sailors would not be challenged for the nonpayment of poll tax?— 
A. No; they were not to be challenged. 

Q. Now. was that understanding passed on by any county officials or was any 
order made by the county commissioners?—^A, There was an order made that 
all soldiers should be exempt from poll tax. 

Q. Made by the county commissioners?—A. Yes, sir. At least I was in¬ 
structed by the chairman that the board made the order. 

Q. Read that. Sheriff? [Attorney Imnds to witness order made by the county 
commissioners.]—A. “ Salisbury, N. C., April 13, 1918. It was ordered that all 
men now in military service from Rowan County be exempt from poll tax. 
Signed J. C. Deaton, clerk of the county board of commissioners of Rowan 
County.” 

Q. Read the balance?—A. “ I hereby certify that this is a correct extract 
from the minutes of the board of county commissioners of Rowan County at 
their meeting held in April, 1918. Max L. Barton, clerk of the board of county 
commissioners of Rowan County, April 13. 1921.” 

(The contestee at this point reasserts his position taken in the beginning of 
these hearings that no vote of soldiers or sailors of the World War should be 
questioned on account of the nonpayment of poll tax, and if in the names 
challenged by the contestee there should appear to be any soldiers or sailors 
the contestee wants it understood that he does not challenge such names. In 
the interest of time and a clear understanding the contestee again calls upon 
the contestant, in open court, to state whether or not he proposes to insist upon 
the disfranchisement of soldiers and sailors because of their failure to pay poll 
tax. 

The contestant through his attorneys states that the soldiers of the World 
War for the year 1919 neither for the year 1920 have been exempted from the 
payment of poll tax as the introduced order of the county board of commis¬ 
sioners specifically states that it was made in the year 1918, and therefore it 
being a constitutional requirement that poll tax be paid, they having not made 
it, we have reason to presume that they are complying with the law. 

The contestee contends that while the order was made in 1918 it remained in 
full force and effect as long as the soldiers remained in the Army. That this 
was the plain purpose of the commissioners and the actual construction placed 
upon the order by all election officials. 

The attorney for the contestant replies and states that the county commis¬ 
sioners for the year 1918 are not the same identitcal unless reelected in 1918 
election.) 

Q. Sheriff, I hand you a list of voters that by subsequent testimony we pro¬ 
pose to show voted the Republican ticket and for the contestant J. I. Campbell 
in the Spencer precinct. Please look at that list and state whetlier or not any 
of them had paid their poll tax for the year 1919 on or before the 1st day of 
May, 1920?—A. The list in the Spencer book shows that they have not. 

Q, Is that the record in your office?—A. Yes, sir. 

Q. Now read the list?—A. J. E. Allman. R. H. Atwell, .1. C. Agner 
H. H. Beck, W. F. Beck, R. H. Bingham, S. E. Burch, S. F. Brandon’ 
Council Brandon, J. L. Clement, R. S. Freeman, B. S. Garrett, S. H. Gordon’ 
S. R. Hendren, W. D. Keplin, .1. T. Leonard, R. A. Owens, C. T Parks j’ 
H. Ribelin, H. D. Stutts, H. A. Swain, W. D. Spake, Noah Lee Walser l’h 
W atson, B. S. Young. ’ 


CAMPBELL VS. DOUGHTON. 


999 


(The coiitestee says that if it shall appear that any of the names just given 
shall appear to he soldiers their vote is not challenged. 

The attorney for the contestant desires to know why the attorneys for the 
contestee are challenging lists that they are not assured are soldiers for the 
purpose of arguing before the Committee of the House of Congress. 

The contestee will make every effort possible to sei^arate the names of aTiy 
soldiers that may he found in the lists and will tile his list at a later stage in 
these hearings.) 

Cross-examination by Moniioe Adams: 

Q. Mr. Krider, you state that the authorities in this county were under the 
understanding that soldiers were exempt from poll tax?—A. Under that im¬ 
pression all the time. 

Q. All your authority and information was in this order that was jn’oduced 
from the county commissioners wasn’t it?—A. The chairman of the hoard of 
commissioners, INIr. Rutherford, instructed me not to challenge any poll tax 
or not collect any of it. 

Q. Well all the authority you have from the charman is the order that you 
produced ^here?—A. That is the only order I have. H(‘ told me the order had 
been passed. 

(}. As to those Democratic voters whom you say have appeared to have paid 
into your office their taxes for 1919 which the witness J. D. Dorsett challenged, 
j;ou state they have paid their i)oll tax on or before the 1st day of May, 1920, 
for the year 1919?—A. Yes, sir. I could not swear what they voted or what 
their politics were. 

Q. Their names ai)pear in your certifie<l list, don’t they?—A. I could not say 
positively; some of them do. 

Q. As to your certified list, you would not swear that it is correct in every 
detail?—A. No, sir. 

Q. Then your source of information as to the man Dorsett is your certified 
list?—A. That certified list—some names Mr. Dorsett left on and some may 
have been on the other way. 

Q. Mr. Dorsett went hack to the stand and corrected some from the original 
list, didn’t he?—A. I was not in here; I don’t know. 

Q. As to these Republicans that you challenged, do they live in this town or 
in Spencer?—A. I could not tell you. 

Q. In the county?—A. I could not say that they were Republicans? 

Q. Do you know whether or not they are liable for poll tax in this county for 
the year 1919?—A. I could not say that. 

Q." Do you know that they have not paid their poll taxes in some other county 
for that year or some other townshii) in which they live in this county?—A. I 
do not know. 

Q. Which records are you testifying by—the records of your county?—A. The 
records of Spencer precinct. 

Q. What record is that of Spencer precinct?—A. The Spencer book that con¬ 
tains the names. 

Q. Handled by a deputy of yours out there?—A. No, sir. 

Q. All taxes collected here in the office?—A. In Salisbury Township. 

Q. All the wards in this town in one township?—A. Yes. sir. 

Q. And also of Spencer?—A. It is made in a separate book and the rest of it 
is in Salisbury and East Spencer, made in books 1, 2, 3, and 4. 

Q. Sheriff, is your testimony from a certified list or from the tax books?—A. 
From the tax hooks. 

Q. Do you consider this more authentic than the certified list?—A. Well, I 
checked it, but of course a man may make mistakes. 

Q. Sheriff, you state that you were proceeding in the management of your 
affairs in this county with the general understanding that soldiers were ex¬ 
empted from payment of poll tax?—A. l^es, sir. 

Q. Did you collect tax from them at any time?—A. Probably I have; a lot of 
them came back and collected. • 

Q. The county commissioners did not give you a certified list of the soldiers 

that was exempted?—A. No, sir. 

Q. They just made a blanket exemption in the year 1918?—A. I don’t remem¬ 
ber as to the time. 

If terms were made and they were liable for tax and came in your office to 
I)ay, you accepted their money just the same, didn’t .vou?—-A. les, sir; I don t 
know all the soldiers in this county. 


1000 


CAMPBELL VS. DOUGHTON. 


Q. Then your certified list is the best record you have at this time?—A. Mr. 
Baker, my deputy, made it. 

Q. Well you made the oath?—A. On best information and belief. 

Q. You say your deputy made it?—A. Yes, sir. It takes a good time to get it 
out in nine days as the law requires. 

Q. Then if a soldier was exempted from his IX)11 tax—but you have tax as¬ 
sessed up against him you collected from him, didn’t you?—A. I could not say 
that I collected from him. 

Q. From what source of information did you derive your ihformation that 
all agents were laboring under the understanding that soldiers were exempted 
from payment of ik) 11 tax?—A. I heard it talked between different ones on the 
streets; Mr. Norwood, chairman of the Democratic, and ]Mr. Colis, chairman of 
the Republican, committee of Rowan County. In fact, there was no one chal¬ 
lenged. I do not think. 

Q. Was this order made to exempt them from the payment of poll taxes?— 
A. I could not say as to that. I could not say what the commissioners did. 

Q. There was no way of obtaining from who to collect and from who not to 
collect?—A. The chairman of the board of commissioners said that all soldiers 
were exempt from payment of poll taxes that were in the Army that year. 

C^. The year 3918?—A. They were exempted in 1919, a lot of them. 

(). You would not make oath that all of them were exempted and taxes 's^^ere 
not collected from some of them?—A. No, sir; I would not. 

Q. You don’t know how many you did collect poll tax from or how many you 
did not collect im)11 tax from?—A. No, sir. 

Q. You don’t know how many were Republicans or how many were Demo- 
(U‘ats?—A. No, sir. 

(>. So far as your authority and as your information is concerned you had no 
visible ])lans or means by which you could carry out that order in specific detail, 
could you?—A. No. sir. Whenever a man came and said he was a soldier we 
exempted him v/hethei’ we knew him or some one else who knew him. 

Q. Mr. Sheriff, how much of your taxes are collected at your office and how 
much are collected by your deputies, approximately?—A. The biggest majority 
ai-e collected at the office. I never put out the books until after June or July*; 
sometimes it is August. 

Q. Well, the deputies do collect some of it?—A. Yes, sir. 

Q. AVhen they collect they collect the taxes as it was put on the books and 
send them out?—A. As the receipt calls for. 

Q. If there is a soldier on it there is no means of exempting him?—A. I 
could not say as to that. 

Redirect examination by T. W. Bickett : 

(j. Sheriff, you acted upon that order in 1919 the same as you did in 1918?— 
A. Yes, sir. 

Acted on it officially that way in 1919?—A. Y^es, sir. 

Q. You said the deputy made out the certified list?—A. Yes, sir; he did. 

(}. That is the custom throughout the States?—A. In this county all the time. 

Q. But these lists that you have just testified to you personally* checked them 
yourself?—A. Yes, sir. 

Q. As a matter of fact, Sheriff, this whole poll-tax business is a sort of gen¬ 
eral nuisance?—A. It certainly is. 

Q. It gave so much trouble that parties on both sides in the county just 
neglected it, and they said they would not say anything about poll tax?—A. Not 
here in .‘^a!'sbury ; have not challenged anyone for not paying poll tax in 14 
years. 

(>. The trouble it gave, the misunderstandings, errors, and uncertainties 
brought about its repeal as a constitutional amendment?—A. No, sir. 

Q. You are familiar with the .general character of your records down there 
about poll tax, summing it all up as a .general propos'tion here in Rowan 
County, what is your opinion as to whether more Republicans or more Demo¬ 
crats voted without paying poll tax in this county, based upon your knowledge 
of the recoi-ds in your office? 

(Contestant through his attorney objects to the witness testifying as to his 
opiidon pertaining to matters as i-ecords in evidence are the best evidence.) 

A. I think more Democrats paid than Republicans. That is my judgment. 

Q. As a matter of fact, sheriff, it is almost impossible to get them "absolutely 
exact?—A. I'Jighty hard; sometimes a man moves from the township or moves 
from the county and there is no way telling unless you demand his tax receipt. 


CAMPBELL VS. DOUGHTON. 


1001 


Cross-examination by Monroe Adams : 

Q. I believe yon testified, Mr. Sheriff, that more Democrats paid than Re¬ 
publicans?—A. To the best of my knowledge. 

Q. As a matter of fact there are more Democrats in the county than Repub¬ 
licans?—A. Yes, sir. 

Q. Mr. Sheriff, yon exempted soldiers in 1918. 1919, and 1920?—A. Yes, sir; 
but I don’t think I have had any in 1920. 

Q. In 1919 or 1918, or in both years for that matter, how many soldiers did 
.voii ask the State to exempt you from in your returns to the state for nonpay¬ 
ment of poll taxes?—A. I could not say as to that. 

P>y Mr. J. M. Waggoner : 

Q. Did you ask for any, sheriff?—A. I would have to look at the record first 
to see. 

Q. Will you look at the record and see what number you did ask for and let 
us know to-morrow?—A. Yes, sir. 


Mr. J. R. CRUSE, witness for contestee, first being duly sworn, testified as 
follows: 

Direct examination by T. W. Bickett : 

Q. AVhat position did you hold in the general election of 1920?—A. Registrar. 

Q. In what precinct?—A. Spencer precinct. 

In addition to the persons just mentioned by the sheriff as having actually 
paid their poll tax we find that certain other persons were challenged by ]\Ir. 
Dorsett in his testimony for nonpayment of p(dl tax, and amongst them this list. 
Please read these names and tell what you know about each party and his 
liability or nonliability for poll tax in 1919?—A. J. L. Clement; he was 27 
years old ; he voted there. H. L. Cook was in the Army. H. C. Miller paid in 
Hickory ; saw his receipt. J. E. INIorrison was in the Army. George Younts 
was 21 years old in 1919. E. E. Williams, too old to pay poll tax, listed as .52. 

I. A. Cowan, too old to pay tax; he registered as 81 in 1920. W. A. Kessler 
Avas in the Army; E. L. Quillian was not 21 in 1919 at listing time; J. H. Davis 
was in the Army ; W. A". Towson was in the Army ; R. A. Lentz was in the Navy; 

AA". Sigman was in the Army ; J. .1. Perry was in the Army; .1. F. Crook was 
in the Army. ' 

Q. Air. Cruse, this list—the sheriff testified with regard to this list that I now 
hand you, saying that none of the men whose names are listed on there had paid 
their i)oll tax according to the records in his office on or before Alay 1, 1920. I 
want you to take up each name and state whether or not this man voted in the 
Spencer precinct or not and whether he was liable for poll tax and what ticket 
he voted?—A. J..E. Allman, voted the Republican ticket, liable to poll; R. H. 
Atwell, voted Republican ticket, liable for poll in poll-tax age; J. C. Agner was 
in the Army; H. PI. Beck, voted the Repul)lican ticket, 40 years old in ))()ll-tax 
age; R. H. Bingham was in the Army; S. E. Burch was in the Army; Council 
Brandon, voted Republican ticket, 28 years old in poll-tax age; J. L. Clement, 
voted Republican ticket. 27 years old in poll-tax age; R. S. Freeman, voted 
the Republican ticket, 25 years old in poll-tax age; C. T. I’arks, only 21 years old ; 

J. H. Ribelin, 24 years old, voted the Republican ticket; Noah I.ee AA’alser, voted 
Republican ticket. I don’t know what his age is, but he is more than 21 years 
anal not over 50: has grandchildren. B. S. Young—I don't know his age; I 
know a B. L. Young—B. L. is 80 years old—this does not correspond Avith 
age here. 

Q. The.se AA’ei‘e all registered voters in Spencer precinct?—A. Y(‘s, sir. 

(p You stated that all of these people voted the Republican ticket?—A. Yes. 

Q. State AA^hether or not they voted for Dr. Campbell, according to your 
knowledge and belief?—A. That is my knoAvledge. All the Republicans did that. 

Cros.s-examination by Monroe AnAArs: 

(p You Avere registrar at Spencer, I believe?—A. Yes, sir. 

Q. And testified in the hearing of Dr. Campbell, I believe?—A. Yes, sir. 

(}. As to the vote of PI. H. Beck, do you say that he had not paid his poll tax 
out there in Spencer?—A. I did not testify as to that. I do not collect taxes. I 
don’t knoAA’ aaIio paid i)oll or aa’Iio did not. I did say he AA’as in poll-tax age. 

Q. Do you knoAv hoAV long he has been in Spencer?—A. Well, he has been 
there more than a year—nearly tAvo .A’ears, I suppose. 

Q. He came from Davidson County?—A. Davie, I think. 


1002 


CAMPBELL VS. DOUGHTON. 


Q. Then his 1919 taxes would be in Davie County?—A. Yes, sir. 

Q. As to those other persons about which you have testified, you do not know 
if they have all been in that precinct long enough so as to be liable in that 
precinct for their 1919 taxes?—A. Not all of them, I don’t. 

Q. You were the Democratic registrar in 1918?—A. Yes, sir. 

Mr. W. H. BURTON, witness for contestee, first being duly sworn, testified as 
follows; 

Direct examination by T. W. Bickett : 

Q. You live in the Spencer precinct, do you not?—A. Yes, sir. 

Q. How long have you lived there?—A. Twenty-three years. 

Q. Do you know Mr. Cruse, the registrar who has just testified?—A. Yes, sir. 

Q. Do you know his general reputation and standing in the community?—A. 
I do. 

Q. What is it?—A. Good. 

Q. Do you know Sheriff Krider?—A. Yes, sir. 

Q. Do you know his general reputation and standing in the community?—A. 
Yes, sir. 

Q. What is it?—A. Good. 

Q. Mr. Burton, do you remember what kind of an election you had down 
there with respect to peace and order in Spencer?—A. I do. 

Q. What kind of election was it in 1920?—A. The most quiet and peaceable 
election I have ever seen. 

Q. Any bitterness down there that you heard of?—A. No, sir; neither night 
nor day. 

. Q. Any intimidation?—A. Not that I saw. 

Q. Hear of any?—A. No, sir. 

Q. Everything as lovely as a day in June?—A. Yes, sir. 

Q. Did you hear Mr. Doughton speak?—A. Yes, sir. 

Q. Anything uncomplimentary about Mr. Doughton’s speech to stir up the 
passion of the people?—A. No, sir. 

Q. Any raw heads and bloody bones?—A. I could not discover it if there was. 

Q, Did you see much excitement about that Harding-picture business that 
there was some talk about?—A. Not any great excitement. 

Q. Just some little talk about it?—A. Yes, sir. 

Q. There is some testimony here that Mr. Morrison made the bitterest speech 
of all. State whether or not he spoke at all in Spencer during the election?— 
A. Yes, sir. 

Q. Was it in the primary?—A. Yes; I believe it was. 

Q. That was when he was running for governor against Max Gardner?— 
A. Yes, sir, 

Q. Well he was just talking about Democrats and more Democrats?—A. Yes, 
sir. 

Q. He did not speak in this county during the general campaign between the 
Democrats and the Republicans last fall, did h/e?—A, No, sir. 

Cross-examination by Monroe Adams : 

(J. Mr, Burton. I believe that you stated that there was not any intimidation 
in that precinct?—A. Not to my knowledge. 

Q. Did you see the Negro picture put up by the registrar who: preceded you 
on the stand?—A. I did not see the registrar put it up; I did see the picture. 

Q. There was some excitement around this picture, wasn't there?—A. If there 
was, I did not see it. 

Q. Mr. Burton, the picture itself is in the form of intimidation, isn’t it?— 
A. I am no judge. 

Q. What did you consider the picture to be?—A. Every man has a right to 
his own conclusions in the matter. 

Q. I believe you stated that Gov. Morrison did not make any statements in 
his speech in the primary concerning the Republican Party?—A. I don’t recol¬ 
lect any speech. I was not in the county while the primary was on. 

Q. Did you not hear him speak?—A. Heard him speak when running for gov¬ 
ernor, 

Q. Where?—A. In Spencer. 

Q. Was that in the primary or genenil election?—A. In the primary, I think. 

Q. Was the course of his speech against the Republicans very much as well 
as the Democratic opponent?—A. I would not say that he said anything very 


CAMPBELL VS. DOUGHTON. 1003 

harsh about his opponent. I was standiipt on the platform at the school hiiild- 
ini^ just about as close as ex-Gov. Bickett there. 

Q. Did liis opponent charjte him with conducting a “red shirt” campaign?— 
A. I do not know what his opponent charged him with. 

Q. Well, I will ask you, as a matter of fact, if he did not make a “ red shirt ” 
campaign?—A. Not to my idea. 

\V. T. R. .TENKINS, witness for tlie contestee. first being duly sworn, testified 
as follows: 

Direct examination by T. W. Bickett: 

Q. M hat position did you hold in the last general election?—A. Judge in the 
east ward. 

Q. Democratic judge?—A. Yes, sir. 

Q. About how many absentee ballots were cast in your ward?—A. I would 
not think much over 50. I did not count them. 

Q. State whether or not if in any of these absentee ballots there were ballots 
for Congressman Doughton?—A. I noticed that there was not any for Con¬ 
gressman. I called this to the attention of Mr. Austin and Mr. Kessler, the 
other registrars, and made the remark that “ these fellows don’t want a Con¬ 
gressman.” 

Q. Do you remember, Mr. Jenkins, if Mr. Doughton ran behind the regular 
Democratic ticket in that precinct?—A. Yes, sir. 

Q. About how many votes?—A. Around 50 tickets. 

Q. Do you know of any persons or voters who came up and voted in person 
the general Democratic ticket and scratched Mr. Doughton?—A. I don’t re¬ 
member of any. 

Q. Did you hear of any Democrats down there voting against him?—A. 
No, sir. 

Q. Both sides voted pretty straight, didn't they?—A. Yes, sir. 

Q. Did you all have any trouble of any kind down there that day?—A. No, 
sir—all we had was the Republicans wanted to put in another judge. 

Q. What did you tell them?—A. I told them that we were responsible, and 
I would not take in anyone not responsible to do work that I had to sign. 

Q. Do you remember any statement that you made that night when you 
went to count up?—A. No, sir; except when we went to count I asked that if 
we found any tickets in the boxes that did not belong there what would we 
do with them. Mr. Austin said we would count them all, whether in the right 
boxes or not, and then put them in the right boxes, 

Q. Who was Mr. Austin?—A. He was the Republican judge. I said it was 
all right if they had a Republican in there, and as many as they wanted if 
they kept quiet. They put in Mr. Charlie Winslow. Mr. Kessler did the tally¬ 
ing. We straightened them out, and while I would call out the names and 
hand them to Mr. Austin he would do the same, and Mr. Kessler would do the 
tallying and Mr. Winslow watched the tallying, 

Q. When you got through, what did you say about being satisfied?—A. Mr. 
Kessler says, “Do you want a copy of these returns?” I said, “No; every¬ 
thing is all right; everything done in a straight manner, and I don’t want a 
copy.” Mr. Kessler said, “ You can have it if you want it.” 

Q. Who else said things were done in a straight manner?—A. The judge 
and Mr, Winslow. There was one absentee vote in a ticket with a note in it, 
and he requested a straight Republican ticket, and Mr. Austin did so. 

Q. You voted it straight?—A. Mr. Austin did. I do not vote a Republican 
ticket. 

Cross-examination by Monroe Adams : 

Q. You and Mr. Kessler and Mr. Austin were the officials there that day?— 
A. Yes, sir. 

Q, And you gentlemen conducted the election that day so all seemed satisfied 
that night?—A. Yes; that is what they said. 

Q. Mr. Kessler was satisfied?—A. Yes, sir. 

Q. You were?—A. Yes, sir. 

Q. And Mr. Austin was satisfied?—A. Yes, sir. 

Q. You all were sworn officials that day?—A. Yes, sir. 

Q. I believe you stated that Mr. Austin put in a Republican ballot on a cer¬ 
tificate?—A. Yes, sir. He opened the envelope it was in. 

Q. And in it it had a certificate reading, “ Vote a straight Republican 
ticket”?—A. Yes, sir. 


1004 


CAMPBELL VS. DOUGHTON. 


Q, Did all these absentee votes down there have a certificate reading, “ Vote 
a straight Democratic” or “Republican ticket”?—A. No, sir. Had instruc¬ 
tions. One did not have anything in it and we threw it down. 

Q. All these votes that you claimed that the congressional ticket was left 
out of, I ask you if there was a certificate with each of the votes signed by the 
voters that he was voting a straight Democratic ticket?—A. No, sir. His 
name was signed on the ballot in it. 

Q. In an envelope?—A. Yes, sir. 

Q. How did the certificate read?—A. It was a form stating that they had 
gone l)efore some one and was qualified. 

Q. But it was the regular form they use?—A. I can’t remember it exactly. 
The ballot was in it except two cases where no instructions was with the 
ticket; all others had instructions as to what kind of a ticket to vote. 

Q. Did all these certificates read like this in all these absentee votes?— 
“ Salisbury, November, some date. To all judges and registrars of election of 
East Ward precinct; I hereby cast my vote for each member of Democratic 
Party to be voted for, to be held on November 2, 1920,” and then his name 
signed and a witness?—A. I don’t remember if it was or not. I think it was 
addressed to the registrars and judges of east ward. This one—^the reason I 
remember it, to the best of my recollection, I opened it and noted the ballot 
in it, and looked in the instructions in it and handed it to IMr. Austin. 

Q. How many did you open?—A. Mr. Kessler would hand the envelope to me 
and I would open it and hand it back with the certificate and envelope, and 
then I would deposit the ballot. 

Q. Did you read them?—A. No, sir; I just handed them back to Mr. Austin. 

Q. You don’t know what they directed you to do?—A. No, sir. 

Q. Did you not try to follow instructions in voting these votes?—A. The cer¬ 
tificate they were all alike—they were all in the envelope. I did not read them 
but deposited the ballot after handing to Mr. Austin. 

Q. If it directed you to vote a Democratic ticket, you did?—A. The ticket to 
be voted was already in the envelope. 

Q. You were testifying that the congressional ticket was not in it?—A. That 
is what I said. 

Q. There was not a straight ticket there?—A. I said the ticket they wished 
to vote was in there. 

Q. Did you have instructions to vote a straight ticket?—A. I had no business 
putting it in the envelope; he had his ballot in there, and it was my duty to 
deposit it. 

Q. Then there was not a scratched ticket in any of them?—A. The tickets 
are not all one piece of paper; the electoral on one, State tickets on one, county 
tickets on one, and congressional ticket on one. 

Q. Did any absentees come in without the vote in the envelope with them?— 
A. Only two; one wanted to vote straight Republican ticket, and one with no 
instructions. 

Q. And you put it in for Republicans?—A. I gave it to INIr. Austin. I guess 
he voted it. All Repul)licans and Democrats had tickets all right in there 
what they wanted to vote, except two, one which stated he wanted to vote a 
straight Republican ticket and the other had no ticket. 

Q. Each vote had a certificate with it?—A. Yes, sir. 

Q. The certificate did not leave out the congressional ticket?—A. Had the 
ticket in the envelope wliat they wished to vote. 

Redirect examination by T. W. Bickett : 

Q. How many times did you state that there was one request to vote a straight 
Republican ticket?—A. Several times. 

Q. And one only?—A. Yes, sir. 

Q. The balance had tickets in the envelopes?—A. All that I opened; I did not 
hear Mr. Austin say about his. 

Q. Any votes for Congressman Doughton?—A. Might have been two or three. 
I called attention of the registrar and other judge that there was not any in 
there. 

H. C. INIILLER, a witness for contestee, first being duly sworn, testified as 
follows: 

Direct examination by P. S. Caklton : 

Q. Where do you live, Mr. Miller?—A. I live in Spencer. 

Q. How long have you lived there?—A. Nearly two years. 


CAMPBELL VS. DOUGHTON. 


1005 


Q. Where did you come from?—A. Hickory, N. C. 

Q. What is your occupation ?—A. Superintendent of the graded school. 

Q. Have you held that position for two years, Mr. Miller?—A. This is the 
second year. 

Q. Mr. J. D. Dorsett challenged your vote for the nonpayment of poll tax for 
the year 1919. Did you pay for that year?—A. Yes, sir. 

Q. Have you a poll-tax receipt?—A. Yes, sir. 

Q. Will you please exhibit that?—A. Yes, sir. 

(Witness exhibits receipt signed by John A. Isenhous, sheriff of Catawba 
County, dated November 18, 1919, covering poll tax for the year 1919, in the 
sum of $3.05.) 

Cross-examination by Moneoe Adams; 

Q. You say you have been living at East Spencer a year?—A. Living in 
Spencer nearly two years. 

Redirect examination by Mr. Caklton ; 

Q. Did Mr. Dorsett ask if you had paid your poll tax or not?—A. No, sir. 

Q. Did he say anything to you about it?—A. No, sir. 

Q. You know Mr. Dorsett?—A. Yes, sir. 

Q. Seen him frequently within the last few years?—A. Yes, sir. 

Recross-examination by Mr. Adams ; 

Q. Have you seen him frequently for the past two years?—A. Yes, sir. 

Q. You are married, I believe?—A. Yes, sir. 

Have you been living for the past two years in Spencer with your 
family?—A. Nearly two years; moved there in August—will be two years this 
August. 

JOHN B. MANLY, witness for contestee, first being duly sworn, testified as 
follows; 

Direct examination by Mr. Bickett: 

Q. Mr. Manly what position do you hold?—A. I am with the clerk of the 
ecurt—deputy clerk. 

Q. The records of the registrars in the various precincts in the county are 
kept on file in your office?—A. Yes, sir. 

Q. You have made certain transcripts there showing these returns with votes 
received by Congressman Doughton and Dr. Campbell and others, read what 
you have there?—A. Total vote for Doughton, 6,283; total vote for Morrison, 
0,427; total vote for Overman, 6,438. Morrison for governor and Overman for 
United States Senator. AJl for the county of Rowan and Salisbury Township; 
North ward—Doughton, 875; Morrison, 901; Overman, 915. East ward— 
Doughton, 541; Morrison, 586; Overman, 575. West ward—Doughton, 881; 
Morrison, 927; Overman, 930. South ward—Doughton, 476; Morrison, 501; 
Overman, 502. That makes a total in Salisbury, other than in county, pre¬ 
cincts, of 2,773 for Doughton, 2,918 for Morrison, 3,922 for Overman, and in 
the county outside of Salisbury: Doughton, 3,510; Morrison, 3,509; Overman, 
3,516. Making Doughton’s vote behind Overman in the Salisbury four wards 
149. It makes Doughton behind Morrison in the city of Salisbury four wards 
145. It makes Mr. Doughton behind Mr. Overman outside of the city of Salis¬ 
bury, in the county, 6 votes; makes Mr. Doughton ahead of Mr. Morrison in 
the county 1 vote outside of the city of Salisbury. The total vote in the 
county for Dr. Campbell, 4,916. The total vote in the county for Mr. Doughton, 
6,283. In the north ward in the city of Salisbury the vote for Mr. Doughton is 
875, and for Mr. Campbell it is 312. For the east ward of the city of Salis¬ 
bury Mr. Doughton, 541; Mr. Campbell, 212. In the west ward, in the city of 
Salisbury, 881 for Mr. Doughton, and 526 for Mr. Campbell. In the south 
ward, for Mr. Doughton, 476, and for Mr. Campbell, 149. 

Q. It appears then that in the city precincts in Salisbury these heavy ab¬ 
sentee ballots were cast, that Mr. Doughton ran behind his ticket and Mr. 
Campbell ran ahead of his?—A. Yes, sir. 

Q. Then the vote for Mr. Holton and Mr. Overman for United States Sena¬ 
tor?—A. The total vote in the county for Holton, 4,488; the total vote in the 
county for Overman, 6,438. In the Salisbury four precincts: North ward— 
Mr. Holton, 269; Mr. Overman, 915. East ward—Mr. Holton, 222; Mr. Over¬ 
man, 575. West ward—Mr. Holton, 512; Mr. Overman, 930. South ward— 
Mr. Holton, 152; Mr. Overman, 502. In the Salisbury four precincts, Mr. 



1006 


CAMPBELL VS. DOUGHTON. 


Campbell and Mr. Holton: North ward—Mr. Campbell, 312; Mr. Holton, 269. 
East ward—Mr. Campbell, 212; Mr. Holton, 222. West ward—Mr. Campbell, 
526; Mr. Holton, 512. South ward—Mr. Campbell, 149; Mr. Holton, 152. Num¬ 
ber of votes cast for electors: North ward—Democratic, 882; Republican, 273. 
South ward—Democratic, 502; Republican, 152. East ward—Democratic, 590; 
Republican, 212. West ward—Democratic, 925; Republican, 539. 

Cross-examination by Mr. Adams : 

Q. Can you give me those figures again; Mr. Holton, Republican nominee, 
and Dr. Campbell, Republican nominee, in eighth district for Congress?—:-A. 
North ward—]\Ir. Campbell, 312; Mr. Holton, 269. East ward—Mr. Campbell, 
212; Mr. Holton, 222. West ward—Mr. Campbell. 526; Mr. Holton, 512. South 
ward—Mr. Campbell, 149; Mr. Holton, 152. 

Q. Ill two of these wards iNIr. Holton ran ahead?—A. Yes. sir. 

Q. And the other two Dr. Campbell ran ahead?—A. Yes, sir. 

Q. What is the difference between Dr. Campbell and Holton in the four wards 
of the city?—A. Forty-three votes in Dr. Campbell’s favor. 

J. S. SHAVER, witness for contestee, first being duly sworn, testifies as 
follows: 

Direct examination by Mr. Bickett : 

What official position did you hold in the last general election of the county?— 
A. I was .ludge. 

Q. In what ward?—A. South ward, Salisbury Township. 

Q. How many ab.sentee ballots were cast in your ward?—A. Somewhere in the 
neighborhood of 40 or 50. 

Q. Do you remember whether or not these absentee ballots had any ballots 
for Congressman Doughton?—A. As well as I remember I don’t think there 
was but one. 

Q. You know that there are two ways that they can vote; that is. one way 
by sending the ballot with a certificate and the other by request to vote it 
straight?—A. Yes, sir. 

Q. How did they come in?—A. The ballots came with the exception of one to 
be voted a straight Democratic ticket. 

Q. You were in the same ward with Mr. Jenkins?—A. No, sir. 

Q. Do you remember whether or not Mr. Doughton ran behind his ticket in 
your ward or not?—A. No, sir; I do not. 

Q. The books will show that?—A. Yes, sir. 

Q. You do know to your best recollection that there was one absentee vote 
cast for IMr. Doughton?—A. Yes, sir. 

Q. Any of those who voted in person—did you notice their scratching Mr. 
Doughton—did they leave out his ticket?—A. Some few of them did; yes. sir. 

Q. About how many?—A. I have no idea how many. 

Q. Well, approximately?—A. I could not say. 

Q. Was there as many as 50?—A. No, sir. I don’t know of but two or three. 

Q. That is all you remember?—A. Yes, sir. 

Cross-examination by Mr. Adams : 

Q. You happen to know of two or three votes that did not have congressional 
tickets in them?—A. I’^es, sir. 

Q. You did not know if there were others?—A. No, sir. 

Redirect examination by Mr. Bickett; 

Q. My understanding is that yon remembered two or three people who voted 
in person that did not vote for Mr. Doughton?—A. Yes, sir. 

Q. I understood that there was only one absentee ballot cast for Mr. Dough¬ 
ton?—A. Yes, sir. 

Recross-examination by Mr. Adams : 

Q. Did these absentee votes have certificates-with them?—A. Yes, sir. 

Q. With each ballot?—A. Yes, sir. 

Q. Do you remember the form of the certificate?—A. It was a little blue 
form. 

Q. It was directetl to the registrar officials?—A. Yes, sir; some came by reg¬ 
istered mail. 

Q. Did they state whether Republican or Democratic?—A. One did. 

Q. Was there a certificate with it?—A. Yes, sir. 


CAMPBELL VS. DOUGHTON. 


1007 


Q. Did that certificate direct them to vote the vote one way or the other? 
Was the direction followed according to the certificate, if yon remember?—A. 
The one ballot yon speak of; yes, sir. 

Q. Would yon know the form of that certificate should I read it to you?^—A. 
I would if I should see it. 

Q. Would you know it in the law book if you should see it?—A. I don’t 
know whether I would or not. 

(Form is .shown witness by attomey for contestant from law book.) 

A. (Continued). Yes, sir; that is it printed on blue paper. 

Q. It read like this: “Salisbury, November, some date, 1920”?—A. I could 
not say what date was on the certificate. 

Q. It was directed “ To all registrars and judges of election of your pre¬ 
cinct : I hereby cast my vote for each nominee of the Democratic or Repub¬ 
lican party [as the case was] to be voted at the election to he held on Novem¬ 
ber 2, 1920,” and the notary signed his name and a witness to it?—A. Yes, sir. 

Redirect examination hy Mr. Bickett : 

Q. You got just one of these?—A. Yes, sir. 

Q. The balance had their tickets?—A. Yes, sir. 

Q. And you voted the tickets?-—A. I’^es, sir. 

Recross-examination hy Mr. Adams : 

Q. The balance had no certificates like this at all?—A. We had one certifi¬ 
cate like that to vote a straight Democratic ticket. 

Q. What kind of certificates did the other have?—A. Had ballots. 

(^. No certificates at all?—A. Will have to look up the records to see when 
they were registered. 

Q. Were the certificates signed hy him?—A. Yes, sir; by him and a witness. 

Redirect examination by Mr. Bickett : 

Q. Everybody knows that there are two ways of voting; so, while 1 voted a 
straight ticket one way, the other 49 voted ballots with tickets?—A. Yes, sir. 

(The contestant, through his attorney, makes motion that all certificates of 
absentee votes in the di.strict of the Democratic Party and the Republicans 
not voted under the form just read by the attorneys for the contestant be 
thrown out, by reason of the fact that the present form just read is an amended 
form to that of 1917 and so states in the act of 1919, and if that form is not 
in accordance with the form so denoted it is not in due form. Motion over¬ 
ruled by Mr. T. W. Bickett, attorney for contestee.) 

Z. A. KLUTTZ, witness for contestee, first being duly sworn, testified as 
follows: 

Direct examination by Mr. Bickett : 

Q. What position did you hold in the general election of 1920?—A. Registrar. 

Q. Registrar in what precinct?—A. Barnhardt’s Mill. 

Q. In what township is that?—A. Gold Hill Township. 

Q. Look at that list, Mr. Kluttz, and state to the stenographer the name of 
each i>er.son there and state whether or not thej" voted the Republican ticket in 
your precinct and their age and liability to poll tax.—A. L. A. Troutman, age 
21. I know him. He registered at the last registration in October; I don’t 
know the date. He voted the Republican ticket to the best of my knowledge— 
I could not swear to either one—^liest of my knowledge. George Earnhart, age 
48, to the best of my knowledge he voted Republican ticket. The Rei)ublican 
judge put in the tickets, I attended to the registration books, and INIr. Holt- 
houser wrote the names on the poil books, and Mr. Cauble put the tickets in 
the box. George Foutz, age 26, to the best of my knowledge, could not swear, 
but he affiliates with the Republican Party; I see it is marked here no poll 
paid, I don’t know about that. They all voted. 

W. L. HARRIS, witness for the contestee, first being duly swoni, testified as 
follows: 

Direct examination by Mr. Bickett: 

Q. Mr. Harris, I hand you a list which purports to be a list of voters in 
China Grove Township, and I wish you would look at the list and state whether 
or not they were liable for poll tax and also state what ticket they voted.— 
A. The best I can I will. The first name is R. M. Ritchie, 43 years of age. 


1008 


CAMPBELL VS. DOUGHTON. 


He voted the Kepublicaii ticket. I know him. C. H. Lucus, age 48, voted tiie 
Republican ticket. C. Correll, no poll, I think that man is over age. He is a 
Republican. S. B. Setzer, age 28, no poll. He lives in my town. He is a Re¬ 
publican. He voted in my precinct. L. A. Eddleman, age 49, voted in my pre¬ 
cinct. He is a Republican. N. M. Casper, age 42. voted there; Republican 
ticket. W. W. Farrington, age 89, no poll. I have knowledge of registering 
that man in October all right. It seems he paid no poll. He voted the Repub¬ 
lican ticket. B. K. Bostian, age 46, no poll; that man I think was an epileptic 
or something of that kind. I know he was exempted. He voted, I think. PI. S. 
Deal, age 33, voted the Republican ticket. Everyone on this list are Republi¬ 
can voters. I have reviewed this list before—all of these are supposed to be 
Republicans on this list here. H. L. Davis, age 21. G. N. A. Propst, age 38. 
J. 'W. Sides, not registered somehow here. W. P''. Walker, no poll; he is not 
too old, but his hand is off and exempted him, I think. Albert Stirewalt; I 
know him, I think; there are lots of Stirewalts there in my precinct; he is a 
Republican. Henry Roseman, age 25. James Adams, age 42. Banks Sloop, 
age 23. C. E. Wagoner, age 30, died since election. S. A, Smith, not registered 
it seems here, no age shown. Ernest A. Deal, no age shown. Lots of these 
old registrars have been registered 10 or 12 yeans—lots of these people I have 
got here. G. W. Phillips, age 35. R. T. Funderburk, age 30. L. B. Rogers, 
age 25. C. C. Faggott, age 41. C. C. Broadway, age 43. F. W. Cox, age 
38. L. T. Agle, age 22. M. L. Rogers, age 48. H. H. Stirewalt, age 33. 
C. H. Stirewalt, age 35, shows no poll here. R. AV. Watts, age 37. A. L. 
Ritchie, age 37. O. B. Jones, age 32. J. W. Overcash, age 39. G. AVilhelm, age 
27. R. L. Swiidv, age 30. John D. Miller, age 42, that is a colored man. 

Q. State whether or not all of these peojile whose names you have .lust 
read are residents in your precinct?—A. They are, to the best of my knowledge. 

Q. Did they vote?—A. Yes, sir. 

Q. What did they vote?—A. Republican ticket. 

Q. Everyone of them?—A. Yes, sir. 

Cross-examination by Mr. Adams : 

Q. You testify that they are reputed Republicans, but you did not see them 
vote yourself?—A. Yes, sir; I did not see them, but they are reputed Re¬ 
publicans. 

Redirect examination by Mr. Bickett : 

Q. How many absentee ballots were received in your precinct?—A. To my 
knowledge we received through the United States mail 26 or 28 nonresident 
absentee votes on the day of election. The Republican judge had six or eight in 
the afternoon shortly after 3 o’clock, when the law requires us to open up. We 
started voting on the absentee tickets, and in his six or eight, I forget which, 
I just remarked to the Republican judge that I would not vote these ballots; 
he asked “Why,” and I stated that they had not been sent in as the law 
required; that is, that they shall come through the United States mall; and 
later on another Republican came to me, and says, “ Mr. Harris, if the tickets 
go through the proper channels, will you allow them to go through?” I said, 
“Yes; if you will take them down to the post office and have them stamped 
and canceled, I will allow them voted.” I did so. 

Q. And the Republican ballots were voted on the suggestion you made?—A. 
Yes, sir. There were no challenges made on election day. There were two 
Republicans who came in, the township chairman, Mr. C. E. Correll, and S. E. 
Setzer, and perused the books, stayed in there two or three hours, and went 
from A to Z. They saw where I myself and other Democrats had marked, 1 
think, 8 or 9 Republicans to be challenged, and finally they got up 25 or 28 
Democrats that they said they were going to challenge, and I told them that it 
was “ up to them.” In the meantime they left, and in a little while after that 
Mr. Correll, the township chairman, said, “ Mr. Harris, both of us live in this 
town, and this thing of challenging a man’s vote is quite serious, and I have 
a proposition to make to you; if you will not challenge any of our people, we 
will not challenge any of yours,” and I asked him if he could vouch for his 
people, and I said, “ We’ve done, and accepted your proposition right now.’' Out 
of the 743 votes that were cast at our polls that day, I think, I will testify 
that there was not a man but that he was legally voted unless he shipped in 
from other townships or other counties. 

Q. Everything was very lovely?—A. Yes, sir; looked that way for the Re¬ 
publicans at least; we had to submit at last that they beat us. 


CAMPBELL VS. DOUGHTON. 


1009 


liecross-exainination by Mr. Adams : 

Q. At the time you were voting you thought that the law required absentee 
votes to be mailed in?—A. Yes, sir. 

Q. You know now that the law is amended, or was in 1919, in which it per¬ 
mitted the absentee vote to be sent?—A. No, sir; I did not know that. 

Q. In challenges, was it not your instructions from parties up here to require 
a fee before a challenge on a person was served?—A. I had that information. 

Q. Wlio authorize<l that?—A. I am not calling names—from one well up in 
authority and good knowledge. 

Here in the county?—A. Yes. 

Q. Hid he tell you that you were to require a fee of 60 cents or a dollar for 
challenging anyone?—A. One dollar. 

Q. One dollar was to be put up before you notified the person challenged?— 
A. Yes, sir. 

Q. And you so informed the parties down there?—A. Yes, sir; but no chal¬ 
lenge was made. 

Q. After they found out that that was the reason a letter of explanation came 
back with an agreement?—A. Was no reason given me. 

•Q. What was tlie reason?—A. Well, it would create a feeling to challenge a 
man’s vote; it would ci’eate a harsh feehng; that was Mr. ('‘orrell’s version of it, 
and that was the only reason he gave me. 

Q. You had instructions as to that in the 191S election?—A. I laid no in¬ 
structions to my knowledge. 

Q. You don’t remember whether or not you did?—A. I don’t think I had. 

Redirect examination by Mr. Bickett : 

C>. You did not have any instructions from Mr. Houghton to charge a dollar, 
or anyone representing Mr. Houghton?—A. No, sir. 

i). Hid the chairman give you such instructions as to charge anyone a dollar?— 
A. No, sir. 

i). What was to be done with the money?—A. It seems that the sheriff had to 
have his charges. 

Q. Mhis the sheriff to be paid for serving notices?—A. Yes, sir. 

Q. He charged a fee for serving a notice on the man that was challenged?—A. 
Yes, sir. 

Recross-examination by Mr. Adams : 

Q. Hid you say that the chairman of this county gave you those instructions?— 
A. No, sir ; I did not. 

Q. You received it from a legal source—enough so that you acted upon it?—A. 
Yes; I received it from a man who is supposed to know, at least. 

Q. You considered it good authority, anyway?—A. Yes, sir. 


RIHCE SHERRILL, a witness for contestee, first being duly sworn, testifies 
as follows: 

Hirect examination by Mr. P. S. Carlton : 

Q. What occupaiioii did you hold in the 1920 election, IMr. Sherrill?—A. 
Registrar. 

C}. Itegistrar in what precinct?—A. INIount Ulla. 

Q. In Rowan County?—A. Yes, sir. , ^ ^ „ 

Q. Will you read the names on this list, Mr. Sherrill?—A. R. E. Miller, C. P. 
Miller, E. R. Brotherton, W. L. Wilson, and J R. Lefler. 

Q. Hid the gentlemen whose names you have .lust read vote in the 1920 elec¬ 
tion?—A. They did. 

O. What ticket did they vote?—A. The Republican ticket. 

(At this point the hearing adjourned until 11 o’clock Thursday, April 14,. 

19'>1 ) 

ihirsiiant to adjournment the hearing reconvened on Thursday morning at 11 

Pi'esent in behalf of contestee; Hon. R. Ij. Houghton, in peison . Mi. M alter 
H. Wood.son, attorney; Mr. P. S. Carlton, attorney; Mr. Keir Ciaig. 

Present in behalf of contestant: Hr. J. I. Campbell, in person; Mr. .1. M.. 
■\V;iggoner, attorney; INIr. IVIonroe Adams, attoi ney. 


Rev. E. E. WILLI AINISON, a witness 
tifies as follows: 


for contestee. 


first being duly sworn, tes- 


57695—21-64 



1010 


CAMPBELL VS. DOUGHTON. 


Direct examination by Mr. Carlton : 

(i- Yon are tlie pastor of the Methodist Church at Spencer, I believe—A. Yes, 
sir. 

Q. It appears from the evidence of Mr. J. D. Dorsett, witness for the con¬ 
testant, that your vote was challenged on behalf of Dr. Campbell for the non- 
paynienr of poll tax for the year 11)19. How old are you?—A. Fifty-three when 
I voted. 

Q. You voted in the election of 1920?—A. Yes. sir. 

Q. Were you more than 50 years of age on May 1, 1919?—A. Y^es, sir; I am 
now 54. I was born the 4th of February, 1867. 

Q. Do you know Mr. Dorsett?—A. Y>s, sir; good friends. 

Q. Did he ever ask you about your age?—A. Yes, sir. 

Q. Before he challenged you?—A, 1 remember once he seemed inquisitive 
about my age, and I told him I was pretty close to half a century, this is the 
M'ay I generally get by—that was all he said. 

Q. You did not know he was hxing to challenge your vote?—A. No, sir. If 
he had told me he had a reason I would have told him exactly how old I was. 

Cross-examination by MF. Wagoner : 

i}. Did you ever list any taxes in Spencer?—A. No, sir. 

(). How long have you lived there?—A. Two years. 


SHERIFF KRIDER, witness for contestee, recalled, testifies as follows: 


Direct examination by Mr. Craig : 

(). You have l)een the sherilf of Rowan for six years?—A. Y"es, sir. 

(>. You are the custodian of the tax books?—A. Yes, sir. 

i}. And you are the tax collector of Rowan County?—A. Y^es, sir. 

Q. Sherilf, state whether or not George Earnhart paid his 1919 poll tax on 
or before the 1st day of May, 1920?—A. Gold Hill book shows he did not. 

(). State whether or not George Fonts paid his poll tax on or before the 1st 
day of May, 1920?—A. Paid no poll. 

Q. Sherilf, have you a list in yonr hands there of voters of Mount Ulla, of 
voters who failed to pay their 1919 tax on or before the 1st day of May, 1920?— 
A. Yes, sir. 

(>. Call them off, please?—A. R. E. IMiller, C. P. Miller, E. R. Brotherton, 
W. L. Wilson, and J. R. Lelier—he is a soldier. 

Q. Have you a list of voters of China Grove Precinct who failed to pay their 
poll tax on or before the 1st day of May, 1920?—A. Yes, sir. 

Call off that list, please?—A. R. M. Ritchie, C. H. Lucas, C. E. Correll, 
S. G. Setzer, L. A. Eddleraan, N. M. Casper, W. W. Farrington, B. K. Bostian, 
E. S. Deal, E. S. Wagoner, G, N. A. Propst, J. W. Sides, W. F. Walker, Albert 
Stirewait, Henry Roseman, Janies Adams, Banks Sloop, S. A. Smith, G. W. 
Idiillips, R. T. Funderburk, L. B. Bogle, (1 C. Faggott, C. C. Broadawav, F. W. 
(^ox, L. T. Agle, M. L. Rogers, H. A. Stirewait, C. H. Stirewait, R. wl Watts, 
O. B. Jones, T. W. Overcash, L. M. Overcash, G. A. Wilhelm, R. L. Swink, 
John G. Miller, colored. 

As the sheriff of Rowan (/Oimty it is a part of your duty to serve criminal 
process and legal notices?—A Me, or my deputy, or constable. 

Q. And Mr. J. D. Dorsett never handed you a notice of a challenge to be 
served?—A. Not to my knowledge. 

Q. Did he last year?—A. No, sir; he did not. 

Q. You are entitled to fees for serving papers, that is challenge papers just 
the same as other papers under the law?—A. Yes, sir. 

(j. Are any of these soldiers you have just called off, if so give their names 
if you know?—A. One there from Mount Ulla, J. R. Lefler, he is a soldier. 

Cross-examination by Mr. Adams : 


X}. How many towiiships have you called or precincts?—A. That Mount Ulla 
is IMouiit Ulla precinct and China Grove is China Grove precinct. Gold Hill at 
Barnhardt’s mill. 

(j. As to these names you have called, do you know that they were 21 years 
of age on or l)efore the 1st day of May, 1919?—A. I do not know that. 

(). As to the names you have called do you know that they are under 50 
years of age or were on or before the 1st day of May, 1919 ?—A.‘no, sir. 

(}. Do you know if they have paid poll taxes for 1919 in some other town¬ 
ship or precinct within this county?—A. I do not. 


CAMPBELL VS. DOUGHTON. 1011 

Q. I>o you know if they have paid their poll tax in other counties?—A. No, 
sir. I could not say to that eitlier. 

Q. xVs to any notice that is .uiven to you by any person directed by any 
court or authority for you to serve in your ollicial capacity you are entitled to 
exact a fee?—A. Yes, sir. 

Q. As a matter of fact, ]Mr. .J. I). Dorset! is not an official of the court; neither 
is he chartered with executive authority by which he could direct you to serve 
a notice?—A. I do not know. I know that a man could give a notice without 
being an officer. 

Q. Y'oii would be entitled to charge?—A. Yes, sir. 

Q. ]Mr. Dorsett is not and has not been a registrar in any election in this 
county, has he, in 1920?—A. He was judge, but not a registrar. I did not see 
him out there; they said he was a judge. 

Q. Did you testify in this record that Albert Stirewalt had not paid his 1919 
poll tax ill Cliina Grove Townsliip?—A. Yes, sir. 

Q. That is a receipt of yours, is it not?—A, Yes, sir. 

Q. That is A. iM. Stirewalt?—A. Yes, sir. 

Q. What year was that fax for?—A. 1919 tax. 

Q. Is his poll tax on there also?—A. Yes, sir. 

Q. And it is paid?—A. Y^es, sir. 

Q. What is the date on that receipt?—A. IMarch 13, 1920. 

Q. Did you give the name of D. W. Meyers in China Grove Township?—A. 
If I did, I don’t see it now. 

Q. Did you give the name of R. T. Funderburk?—A. Yes, sir. 

Q. Is that a receipt from your office?—A. Yes, sir; Litaker Township. 

Q. Poll tax is paid?—A. Yes, sir. 

Q. So, then, the poll tax of II. T. Funderburk has been paid for the year 
1919?—A. Yes, sir. 

(.). In Litaker Townsliip did you give the name of Henry Roseman, or in any 
of the precincts?—A. Yes, sir; I called his name. 

Q. Is that his tax receipt for his poll tax for the year 1919?—A. Y'es, sir. 

Q. It was paid on what date?—A. October 31, 1919, in Litaker Township. 

(i. You testified that the tax of S. G. Setzer had not been paid for the year 
1919?—A. Y^es, sir; I did; in China Grove Township. 

Q. Is that your receipt given in Salisbury Township for taxes for the year 
1919?—A. Yes, sir. ' 

(2. It was paid on what date?—A. December 31, 1919: paid in Salisbury 
Township. 

Q. You testified as to F. L. Wagoner, in Atwell Township?—A. Not Atwell; in 
China Grove; E. S. Wagoner is my record. 

Q. This is a receipt of E. L. Wagoner from your office?—A. This is a receipt 
from my office of E. L. Wagoner for the year 1919. 

(}. Were taxes listed and paid?—A. Y"es, sir. 

Q. What date?—A. November 30 or 20, I am not positive; paid in 1919. 

Q. You testified as to E. S. Deal?—A. Yes. sir. 

Q. This is a receipt for E. S. Deal in tliis county?—A. Y^es, sir; paid in 
Atwell Township. 

Q. 1919 tax?—A. Paid December 1, 1919. 

Q. Poll tax listed?—A. Y"es, sir. 

Q. You testified as to the tax of D. M. Lynn?—A. I never testified as to him, 
I don’t think; I will see. No. 

Q. Well, as to W. F. Walker?—A. Y^es, sir; I testified as to W. F. Walker. 

Q. Do you know whether lie appears to have been exempted by the county 
commissioners or not?—A. He has not paid any poll. 

Q. Do you not know that be has been exempted by the county commis¬ 
sioners?—A. I heard that he was. 

Q. You did not go to look to see?—A. I did not; no, sir. 

Q. As to T. .1. P. Beaver, do you know if he was liable for poll tax in 
1919?—A. I (lid not testify as to any Beaver. 

Did you testify as to L. A. Meyers?—A. No, sir. 

Q. Did you testify as to Robert ^T. Ritchie?—A. I did as to R. M. Ritchie. 

Q. And you know that he has been exempted by the county board of com¬ 
missioners?—A. No, sir; I do not. 

Q. Y"ou never heard about it?—A. No, sir; the record shows no poll tax for 
1919. 

Q. Did he pay his other tax?—A. Yes, sir. 

i}. They are listed?—A. Yes, sir. 


1012 


CAMPBELL VS. DOUGHTON. 


Q. Wliat day were they paid?—A. I do not know; paid before the 1st day 
of May. 

Q. How much, approximately, was his tax?—A. I don t know. 

Q. AVas it as much as $2?—A. I don’t know as to the amount. 

Q. As to these persons who have paid in other counties, you have not made 

any investigation as to them?—A. No, sir. ^ -r , o 

Q. You testified as to .T. VJ. Sides in one list there, and C. C.^Broadawa> . 

A. J. W. Sides; yes, sir. 

Q. AVhat is that?—x\. That is a tax receipt from Cabarrus County. 

Q. What year is it for?—A. 1919. 

Q. AVhen did he pay it?—A. December 13, 1919. 

Q. Were poll tax listed?—A. Yas, sir. 

Q. And this receipt is a tax receipt of C. C. Broadaway?—A. That is a tax 
receipt of C. C. Broadaway; yes, sir. 

Q. For what year?—A. 1919. 

Q. Poll tax listed?—A. Yes, sir. 

Q. Paid when?—A. I can not tell what date. 

Q. The receipt reads “1919 taxes”?—A. Yes, sir. 

Q. AAGiat date?—A. I don’t know v/hat to say about the day; looks like a 
16 and looks like a 19—I don’t know as to that date; I could not say. I will 
say that 1919 taxes is printed on the receipt. 

Redirect examination by Mr. Cratg : 

Q. Yon testified that the man by the name of Lew S. Wagoner in China 
Grove Township?—A. That receipt shows a man by the name of E. L. Wagoner 
from Litaker. 

Q. Would you swear it is the same man?—A. No, sir. 

Q. As to you. Sheriff, it may be a different man?—A. I don’t know—different 
initials though. 

Q. Different township?—A. Yes, sir. 

Q. As to one Deal you testified about not having paid his 1919 tax in China 
Grove, Sheriff, the receipt was signed from Atwell, was it not?—A. They pre¬ 
sented one from Atwell. 

Q. That country is full of Deals?—A. Yes, sir. 

Q. Could you swear that this man Deal is the same man a,s the China Grove 
Township man?—A. No, sir. 

Q. You have not looked in the registration books to see the date of the birth 
of that man?—A. I have not. 

Q. Did they show it to you?—A. No, sir. 

Q. You would not say that it was the same man?—A. No, sir; I would not. 

Q. Neither you nor they have looked at the registration books to see if it is 
the same man or not?—A. No, sir; I have not. 

Recross-examination by Mr. Waggoner : 

Q. As to these parties whom the gentlemen have produced tax receipts here, 
principally from your office, you could not testify that these tax receipts were 
not tax receipts of persons whom you have challenged there?—A. I could not 
swear to it. 

Q. These tax receipts are genuine?—A. Yes, sir; if the initials are all right. 
I will stand back of the tax receipt, but not the initials. 

Q. You know the records in your office and you can ascertain from your 
records, and if there is a man by tbe name of E. S. Deal in Litaker Township 
yon can find it on your tax record?—A. Yes, sir; I would think so. 

Q. Would you mind bringing your record up here and examine it here in 
order that we may ascertain if it is the same man or not?—A. I could not 
swear that it is the same man. 

Q. AVill you bring your record and see if there is an E. S. Deal in Litaker 
Township?—A. You talking about E. S. or E. L. Deal? 

Q. Yes; the one in Litaker Township. You won’t say that E. S. Deal does 
not or did not live in China Grove Township on election day?—A, No, sir. 

Q. The same thing will apply to E. L. Waggoner?—A. Yes, sir. 

W. C. KLUTTZ, witness for contestee, first being duly sworn, testified as 
follows: 

Direct examination by Mr. Woodson : 

Q. Mr. Kluttz, what township are you from?—A. lataker Township. 

Q. What position did you hold in the last general election?—A. Registrar. 


CAMPBELL VS. DOUGHTON. 


1013 


Q. How long have you been a registrar?—A. Several years, quite a while. 

Q. I hand you a list of names; will you please read oif the names? First, 
from what precinct are they?—A. Bostians Cross Roads: R. R. Funderburk, 
IW. A. Brown, Arthur Kluttz, E. L. Stirewalt, James Yost, Charles A. Deal, 
Charlie Roseman, H. G. Smith, M. B. Funderburk, M. L. Overcash, J. L. Lippard. 

Q. According to the registration books what is the range of their ages?—A. 
Between 22 or 23 to 38. 

Q. What are the range of ages—what is the lowest age?—Twenty-five is 
the lowest age I see, and the highest is 38. 

Q. AVhat ticket did they vote?—A. Best of my knowldge they voted the 
Republican ticket. 

Q. That was in the last election?—A. Yes, sir. 

Q. They are all reputed to be Republicans?—A. Yes, sir; I think so. 

Q. I hand you another list. Read that list, Mr. Kluttz.—A. INI. C. Ketner, 
H. A. Ketner, B. T. Roseman, A. L. Ketner, and E. F. Wilhelm. 

Q. Does the poll book of your precinct show that these people voted?—A. 
Yes, sir. 

Q. Are they duly registered? What does the registration book show?—A. 
The last list is not registered. 

Q. Then they are not qualified voters?—A. No, sir. 

Q. How did the last list vote to the best of your knowledge and belief?—A. 
They voted the Republican ticket. 

Cross-examination by Mr. Waggoner ; 

Q. How did you get that list, Mr. Kluttz?—A. It was handed to me. 

Q. You did not make it up yourself?—A. I helped do it; I checked it. 

Q. How did you ascertain that these people had voted the Republican 
ticket?—A. I know them all—should know them as I registered them and 
voted them. 

Q. These men that you testified that had not registered, how is it that they 
voted?—A. I can hardly account for it myself, unless it was done when I was 
busy. 

Q. You were there all day, weren’t you?—A. Yes, sir. 

Q. Your business was to look after the votes?—A. Yes, sir. 

Q. And see that only the people that registered voted?—A. I can’t see why 
it was done. 

Q. If these men that you testified to here voted the Republican ticket and 
were not registered and they voted, then it is possible that a number of Demo¬ 
crats voted who were not registered?—A. It might be possible, but not hardly 
probable. 

Q. Well, would there be any difference?—A. I can’t tell why that is. 

Q. You could not see why it would be more probable for the Republicans 
than the Democrats?—A. No, sir. 

Q. There were two Democrat officials there and one Republican?—A. Yes, sir. 

Q. Do you know these parties personally—those that were not registered and 
voted?—A. Ought to know them, I suppose. 

Q. You do not know—or how do you know that they voted the Republican 
ticket?—A. I just about know all the people in that precinct and know their 
politics. 

Q. You can swear that they voted the Republican ticket?—A. To the best of 
my knowledge and belief. 

Q. Did you see the ticket?—A. No, sir. 

Q. Well, how did you arrive at this conclusion?—A. Because they had been 
voting the Republican ticket—people used to change right often, but they do 
not change so often now. 

Redirect examination by Mr. Woodson : 

Q. A lot of “radicals” down at your polls?—A. Yes, sir; about 5 to 1 Demo¬ 
crats. 

Recross-examination by Mr. Waggoner: 

Q. Mr. AVoodson refers to the Republicans as “ radicals ”?—A. AVell, I under¬ 
stood that all right. 


Sheriff J. H. KRIDER, witness for contestee, recalled, testified as follows: 
Direct examination by Mr. Woodson : 

Q. I hand you a list of names from Bostians Cross Roads in Litaker Town¬ 
ship, Rowan County; will you read those names, please, sheriff?—A. R. R. 


1014 


CAMPBELL VS. DOUGHTON. 


Funderburk, W. A. Brown, Arthur Klutts, A, L. Stirewalt, James Yost, Charles 
A. Deal, Charlie Roseman, H. G. Smith, M. B. Funderburk, M. L. Overcash, and 
J. L. Lippard. 

Q, Did these persons pay their 1919 poll tax on or before the 1st day of May, 
1920?—A. My records for Litaker Township show that they did not. 

Cross-examination by Mr. Adams : 

Q. You testified as to the payment of poll tax of James Yost?—A. Yes, sir. 

Q. That is a receipt of James Yost?—A. This is a receipt for Jim W. Yost. 

Q. When was that paid?—A. December 20, 1919. 

Q. Paid for Rowan County?—A. Yes, sir. 

Q. His poll tax listed?—A. Yes, sir. 

Q. That is your seal, is it not, sheriff?—A. Yes, sir; the stamp I use. 

Q. Did you look to see if it appeared on the certified list who had paid their 
poll tax for 3919 on or before the first day of May, 1920?—A. No, sir; I .lust 
looked it up in Litaker Township. 

Q. As a matter of fact that tax receipt does show that he has paid his tax 
for that year?—A. Shows a receipt of Jim W. Yost, December 20, 1920, China 
Grove Township. 

Q. Did you testify as to R. R. Funderburk?—A. Yes, sir. 

Q. What receipt is that I hand you?—A. R. R. Furr, China Grove Township. 

Q. When was it paid?--A. November 18, 1919. 

Q. His poll tax listed?—A. Yes, sir. 

Q. And paid?—A. Yes, sir. 

Q. Did you testify as to H. G. Smith?—A. Yes, sir. 

Q. Is that a tax receipt of his; has his name?—A. A tax receipt of H. G. 
Smith, No. 4 townshii), Cabarrus County. 

Q. Paid when?—A. January 7, 1920. 

Q. Poll tax charged?—A. Yes, sir. 

Q. As to these names that you were testifying to that have not paid their 
poll tax. you do not or you did not check against your certified list?—A. No, sir. 

Q. Just checked against the township the man voted in?—A. Yes, sir. 

Q. And not as to the other townships in the county?—A. No, sir. 

Redirect examination by Mr. Woodson : 

Q. The Yosts are as thick as they can be down in that settlement; they 
have a Yost reunion every year, don’t they?—A. Yes, sir; I have heard some¬ 
thing about a Yost reunion. 

Q. The Smiths are as thick as flies down there, aren’t they?—A. Yes, sir. 

Q. You don’t know if this is the same Furr?—A. No, sir; I could not say 
as to that. 

Q. And the tax receipt does not show it?—A, Don’t show which one. 

Q. And the tax receipts are from another township where they voted?— 
A. Yes, sir. 

Q. Some in another county?—A. One in one particular instance. 

Q. Do you know whether H. G. Smith voted in Cabarrus County before he 
came here and voted?—A. No, sir. 

Q. You don’t know if Furr voted down at China Grove before he voted at 
Bostian Crossroads?—A. No, sir. 

Recross-examination by Mr. Adams : 

Q. It is true that a good many people down there in those localities have the 
same name?—A. Yes, sir. 

Q. Some have duplicate of names?—A. I could not say—there are a lot by 
the same name and a lot with the same initials. 

Q. That being true, you testified that certain persons voted as having paid 
or not having paid poll tax?—A. No, sir; I could pot say. 

R. L. LINGLE, witness for contestee, first being duly sworn, testified as 
follows: 

Direct examination by Mr. Woodson : 

Q. What township do you live in Mr. Lingle?—A. Locke Township. 

Q. In what precinct?—A. Bost Mill. 

Q. What position did you occupy during the last general election of 1920?— 
A. Registrar. 

Q. How long have you been registrar?—A. I don’t know; I have been there 
quite a while. 


CAMPBELL VS. DOUGHTON. 


1015 


Q. I hand you a list of iianies, Mr. Lingle, will you please read them?— 
A. O. J. Correll, E. A. McDaniel, A. H. Broadway, R. E. Cress, Jonas F. Broad¬ 
way, J. J. Lee. 

Q. About the ages of these men. What is the range of their ages?—A. From 
about 21 to 50. 

Q. Did they vote in the last general election?—-' a. Yes, sir. 

Q. At the Bost IMill box?—A. Yes, sir. 

Q. What ticket did they vote?—A. I think they voted the Kepul)lican ticket. 

Q. I hand you another list; will you please read it?—A, C. K. Wise and 
J. B. Graham. 

Q. Who are these two men?—A. They were soldiers. 

Q. Did they vote?—A. Yes, sir. 

Q. Do you know that they were in the Army?—A. Yes, sir. 

Cross-examination by Mr. Waggoner: 

Q. Mr. Tangle, this man C. J. Correll, was he in Steel Township on May L 
1919?—A. I don’t know. He lives not far from where I live in Locke Township, 
not over a quarter of a mile from where I live. He worked a crop there. 

Q. How long has he lived there?—A. I don’t know—he worked a crop here. 

Q. Was that in the year 1919?—A. Why, I suppose it was. 

Q. Do you know?—A. No; I don’t know just when it was. 

Q. You would not swear that he was living in your precinct on or before 
May 1, 1919?—A, I would not swear it. 

Q. You don’t know how long he has been in Locke Township do you Mr. 
Tangle?—A, No, sir; T don’t know how long he has been there. 

Q. Mr. Tangle, this man iMcDaniel, do you know where he lived?—A. T^ived 
close—on a joint plantation some length of time. 

Q. "ton don’t know if he lived in Steel Township on or before May 1, 1919?— 
A. He brought a certificate from Steel Township. 

Q. Where was the certificate from?—A. Steel Township. 

Q. A. H. Broadaway; the same thing applies to him?—A. Yes, sir. 

Q. He brought a certificate from Steel Township?—A. Y^es, sir. 

Q, You don’t know if he lived in Locke Township on Ylay 1, 1919, or not?— 
A. No; really I don’t know. 

Q. Do you know the age of R. IT. Cress?—A. He registered as 22 years old. 

Q. You don’t know when he became 21?—A. No. 

Q. Y^ou don’t know if he was 21 on May 1,1919, or not?—A. No, sir. 

Q, Jonas F. Broadway; do you know he moved from Franklin—did he bring 
a certificate from there?—A. T don’t remember if it was Franklin or not. 

Q. It was from another township?—A. Y^'es, sir. 

Q. You don’t know^ if he was living there on YTay 1, 1919, or not?—A. No. 

Q. J, J. Lee; do you know where he came from?—A. No, sir. 

Q. Did he bring a certificate?—A. Y^es, sir. 

Q. You don’t know if he was living in I.ocke Township on May 1, 1919, or 
not?—A. No, sir. 

Q. The other two are in the Army?—A. Yes, sir. 

Q. Do you know when they were discharged?—A. No, sir. 

Q. YY)u have been the registrar for a number of years?—A. Yes, sir. 

Q. How do you make up your new registration poll book?—A. I have not 
had a new book for some time. I ju.'^t write the name as they vote. 

Q. You take the name down as they come up to vote?—A. Yes, sir. 

Q. And the old book is not considered at all?—A. Usually have it to look 
at to see if I am right. 

Q. What do you have it for—to see who registers?—A. Y"es. sir; if I make 
a mistake or anything. 

Q. How do you make up the registration book?—A. Sometimes I have a 
new book. I have not had one for sometime. 

Q. Take the names off the old book and put them on the new book?—A. 

Yes sir. 

q’. And add any new names tliat may come in?—A. Yes, sir. 

Redirect examination by Mr. Woodson : 

Q. You have not transcribed any names since 1900?—A. No, sir. 

Q. You take the registration book and whenever a person presents himself 
for registration he is put on the registration book? A. Yes, sir. 

Q. And there have been no transcribing of that book since 1900?—A. No, sir. 


1 


1016 


CAMPBELL VS. DOUGHTON. 


Q. The whole hook is made up of names as given you by voters as they come 
up to vote?—A. Yes, sir. 

Recross-examination by Mr. Adams ; 

Q. Did you have any absentee votes in your precinct?—A. No, sir. 

Q. Not a one?—A. No, sir. 

Sheriff KRIDER, witness for contestee, recalled, testified as follows: 

Direct examination by Mr. Woodson ; 

Q. Sheriff, I hand you a list of names. Will you please read these for Bost 
Mill, Locke Township?— A. C. J. Correll, E. A. McDaniel, A. H. Broadaway, 
R. E. Cress, Jonas F. Broadaway, and J. J. Lee. My records show that in 
Locke Township they did not pay their poll tax for 1919 on or before the 
1st day of May, 1920. 

Cross-examination by Mr. Waggoner: 

Q. You have not examined your books to see if they have paid their poll tax 
in some other township in the county?—A. No, sir. 

Q. You would not swear that these men lived in Locke Township on May 1, 
1919?—A. No, sir. 

Q. You don’t know if they moved in from some other townships?—A. I 
do not. 

Q. Sheriff, have you checked your certified list to see if these men have paid 
their poll tax for the year 1919?—A. I have not. 

P. J. CRESS, witness for contestee, first being duly sworn, testified as 
follows: 

Direct examination by Mr. Carlton: 

Q. Your name is P. J. Cress?—A. Yes, sir. 

Q. You were registrar at Grants Creek precinct in the 1920 election?—A. 
Yes, sir. 

Q. How long have you lived in that precinct?—A. All of my life. 

Q. I read you the following names: Berry Strieker, John M. Rary. J. H. 
Whirlow, T. E. Smith, R. L. Gaskey, W. W. Gaskey, and W. L. Overcash. Did 
these seven gentlemen, whose names I have .iust read, vote in the 1920 election?— 
A. Yes, sir. 

Q. At Grants Creek precinct?—A. Yes, sir. 

Q. Did they vote the Democratic or Republican ticket?—A. Tliey voted the 
Republican ticket. 

Q. Were they l)etween the ages of 21 and 50 on the 1st day of Alay, 1919?— 
A. I think so. In fact, there are about three there T am not acquainted with, 
but the rest of them I know. I taken their ages when they registered. 

Cross-examination by Mr. Adams : 

Q. You do not know the exact age of these persons you testified to?—A. I 
don’t remembe)’ now. T know what they told me when I registered them. 

Q, Did any of them register as 21 years of age?—A. None, except Strieker— 
his name was on the list before I registered them. 

Q. He was over 21 years of age?—A. Of course, I guess so. 

Q. Was there others on the list before you registered them?—A. No, sir, 

Q. How many years have you been registrar?—A. Three or four different 
times. 

O, And they all registered before you, except Strieker?—A. Yes, sir. 

Q. Did any register this last election?—A. Yes, sir. 

Q. Did they register at this last election for the first time?—A, One man 
did" Overcash—it was his first time. 

Q, He registered as 21. didn’t he?—A. T do not remember. 

Q. You don’t know if he was 21 years of age on May 1, 1919, or not?—A, Do 

not" know it now—all T know is what he told me when he registered. 

Q. What about the age of W. W. Gaskey?—A. He is a young man. 

Q. Do you feel that he was 21 years of age on IVTay 1, 1919?—A. He told me so 

when he gave me his age—he i-egistered as only 21. 

Q. He did not register in the year 1919, did he?—A. He did in the last year. 

Q. That was 1920?—A. Yes, sir. 


CAMPBELL VS. DOUGHTON. 


1017 


Sheriff KRIDER, witness for contestee, recalled, testified as follows: 

Direct examination by Mr. Carlton: 

list of names and read them as they come, this is 
Oiants Creek, Locke Township V—A. Berry Strieker, .John M. Rary, .T. H. Whir- 
low, T E. Smith, Iv. L. Caskey, AV. W. Caskey, and W, L. Overcash. ' 

g. Have you examined the records in your office first as to the payment of 
poll tax by these gentlemen ?—A. Yes, sir. 

before the 1st day of May, 1920, for the vear 

1919?—A. No, sir. 


Cross-examination by Mr. Adams : 

Q. AVhat is that tax receipt?—A. That is for B. .1. Strieker for Locke Town¬ 
ship. 

Q. You testified as to Berry Strieker?—A. Yes, sir. 

Q. When was that paid?—A. November 15, 1919. 

Q. For what year was that tax?—A. 1919 tax. 

Q. Poll listed and charged there?—A. Yes, sir. 

Q. Your seal on the tax receipt?—A. Yes, sir; my stamp. 

Redirect examination by Mr. Craig : 

Q. Is it the same person you read on your list?—A. This is Berry Strieker 
on my list. I don’t know if it is the same man or not. 

Q. You testified as to J. M. Rary?—A. I testified as to John M. Rary. 

Q. What is that tax receipt?—A. For John M. Rary for Salisbury Township. 
Q. For what year?—A. 1919. 

Q. When was it paid?—^A. November 11,*1919. 

Q. Poll tax listed?—^A. Yes, sir. 

Q. That is your seal on the receipt?—A. Yes, sir. 

Q. You testified as to J. H. Whirlow; what is this receipt?—A. This is for 
J. H. Whirlow, Salisbury Township, poll tax listed and paid. 

Q. For what year?—^A. 1919. 

Q. When was it paid?—A. March 13, 1920. 

Q. These were all in Rowan County, sheriff?—A. Yes, sir. 

Recross-examination by Mr. Waggoner: 

Q. Did you testify as to Caskey?—A. Yes, sir. 

Q. Both of them ?—A. W. W. and R. L. 

Q. Do you know both of them?—A. No, sir. They paid no poll tax in 1919. 

Recross-examination continued by Mr. Adams : 

Q. Your examination as to their payment of poll tax is just in the township 
in which they voted?—A. Yes, sir. 

Q. And you have not made any examination of the entire county?—A. No, sir. 
Q. Have you checked these against your certified list?—A. No, sir. 

Q. As a matter, of fact, when a person moves from one township to another, 
it only requires four months to establish citizenship?—A. Yes, sir. 

Q. Taxes are paid by the year?—A. Yes, sir. 


S. A. TREXLER, witness for contestee, first being duly sworn, testified as 
follows: 

Direct examination by Mr. Woodson : 

Q. Mr. Trexler, what township do you live in ?—A, Providence. 

Q. In what voting precinct is that?—A. Rowan Academy. 

Q. What position did you hold in the last general election?—A. Registrar for 
Rowan County Academy. 

Q. I hand you a list of names; will you please read them?—A. C. C. Brady, 
G. C. Parks, Harris Earnhart, Jasper N. Weaver, and Elmer Waller. 

Q. What are their ages?—^A. Twenty-two to forty-seven. 

Q. Did they vote in the last general election?—A. Yes, sir. 

Q. Do you know what ticket they voted?—^A. Republican ticket. 

Cross-examination by Mr. Waggoner: 

Q. Do you know the age of C. C. Brady?—A. About 33 years old, I think. 

Q. None of these men you have testified to have become 21 since May 1, 
1919?—A.* No. 

Q. Do you know they all voted the Republican ticket?—A. Yes, sir. 

Q. Did you see them put their ticket in the box?—A. I know exactly. 


1018 


CAMPBELL VS. DOUGHTON. 


Q. Mr. Trexler, did you see the tickets go into the box?—A. I know how 
everyone voted there. 

Q. How do you know, Mr. Trexler?—A. I know exactly how they voted. 
There is no use to ask questions, because I know exactly. 

Q. W^iere did yon sit with reference to the box?—A. Right at the box. 

Q. On which side—the right side?—A. On the right side. 

Q. On the right side of which box?—A. Did not have but one box. 

Q. Put the tickets in all together?—A. No, sir. 

Q. Well, how did you do it?—A. Pieces between each one. 

Q. Well, Mr. Trexler, that amounted to how many boxes?—A. Six or eight in 
all I think. 

Q. Which box compartment did you sit nearest to?—A. Right in front of it. 

Q. And when a man came up-A. Oh, I know how he voted. 

Did he face you?-—A. I know how he voted. 

Q. Did he look you in the eye?—A. I know how he voted. 

Q. You did not have time to look him straight in the eye?—A. No, sir; I 
know how they voted. 

Q. You could not swear?—A. Yes, sir; I do, xactly. 

Q. And you did not see the tickets?—A. I told you that I know exactly. 

Q. You know. JMr, Trexler, if they voted straight or split tickets?—A. Mighty 
little splitting done. I know exactly how they voted. 

Q. Did any of them show you their tickets?—A. I know. 

Q. I said did any of them show you their ticket that they were voting?—A. 
I know, I tell you. 

Q. You know that they are Republicans?—A. I told you need not ask me; I 
know, and you needn’t ask me any more. 

Sheriff KRIDER, witness for contestee, recalled, testified as follows: 

Direct examination by Mr. Woodson : 

Q. Sheriff, I hand you a list of names in Rowan Academy, Providence Town¬ 
ship; please read them.—A. C. C. Brady, G. C. Parks, Harris Earnhart, Jasper 
N. Weaver, and Elmer Waller. 

Q. Did they pay their 1919 poll tax on or before the 1st day of May, 1920, 
according to your records?—A. According to Providence Township they did not. 

Cross-examination by Mr. Waggoner : 

Q. Did you call the name of Elmer Waller?—A. Yes, sir. 

Cross-examination continued by W. L. Campbell: 

Q. I show you a receipt purporting to be a receipt for taxes for C. C. 
Brady?—A. Yes, sir; no poll tax on it for 1919. 

Q. Do you know why he was not charged for poll tax?—A. No, sir; I could 
not say as to that. 

Q. I believe you testified that he had not paid in 1‘rovidence Township?—A. 
I testified as to poll tax. 

Q. That is a receipt from Providence Township?—A. Yes. sir. 

Q. What is the total amount of the tax shown on tlie receipt? 

(The contestee objects to any tax other than poll tax if that is the issue.) 

A. He paid $13.70. 

Q. What date was it paid?—A. In October, 1919; I could not say as to the 
date. 

Q. That is more than enough to pay poll tax for the vear 1919?—A. Yes, sir. 

(}. It is possible, isn’t it, that a mistake was made in'this?—A. Yes. 

Q. Did you read the name of E. F. Waller, Mr. Sheriff?—A. I read the name 
of Elmer Waller. 

Q. I show you a receipt and ask you if it is the gentleman and if he paid his 
poll tax and what date?—A. Tax receipt of E. F. Waller, taxes for 1919 paid 
in November, 1919; this is E. F. M’^aller and the one T called was Elmer 
Waller. 

Q. Would you testify that is Elmer Waller’s receipt?—A. I could not say so; 
no, sir. 

Q. Yon came up here with these names; have vou checked them against your 
certified list?—A. No, sir; checked them against the tax books. 

(}. Did you check any against your certified list?—A. No, sir. 

Q. How does it happen, then, Sheriff, that you checked against * your tax 
books and challenged all these numerous men, and we have produced about 25 



CAMPBELL VS. DOUGHTON. 


1019 


tax receipts, and yon admit them?—A. I testiiled as to the township that the 
names eome under. 

Q. have shown yon receipts as to townships?—A. Yes, sir; but I conld 
not say as to some men when their initials were the same. We have a lot 
of men in this comity with the same initials. I was checking from the town- 
sUip in which they voted. 

Q. If yon have the name of a man, F. F. .Jones, and show yon a tax receipt, 
yon would not say if it was the same man or not?—A. No, sir. 

Redirect examination l)y IMr. Ckaig : 

Q. If that F. F. Jones was from another township, yon conld not say he was 
the same man?—A. No. sir. 

Q. Sheriff, in making np the certilied list it is made np from the tax books, 
isn’t it?—A. Yes, sir. 

Q. Yon are testifying from the tax-book record?—A. Yes, sir. 

Q. The gentlemen on the other side produced to yon a tax receipt of C. C. 
IJrady amounting to -$13.70 as taxes which bad been paid by C. C. Krady. You 
stated that no poll appeared on that, and they asked yon if it was not suffi¬ 
cient to pay poll. I will ask yon to read each item and state what it covers. 
That tax receipt is itemized, is it not?—A. Yes, sir. 

Q. Read out each item as it is.—A. {Reading:) For State. .$3.48 ; for school, 
$2.72; for county, $4.82; for special roads, $1.82; for dog, $1.” 

Q. Is there a space for jioll?—A. Yes, sir. 

Q. Anything paid on poll?—A. No poll api>ears on the receipt. 

Q. What is that on the bottom there, that 14 cents?—A. That is a discount 
of 1 per cent. 

Q. So that tax receipt covers no poll tax?—A. No poll on the receipt. 

Q. If C. C. Brad.v. who was last testified to be 35 years old by Mr. S. A. 
Trexler, then the receipt would indicate that it is not the same O. C. Brady, 
would it not, in your opinion?—A. There is no i)oll tax on that receipt. 

Recross-examination by iVlr. CAivrpBELL: 

Has it not been the custom with you, when a man paid as much as poll 
tax or any kind of tax, to go ahead and vote him and not challenge him?—• 
A. They usually come in and state \^hether they want it on poll or not. 

Q. That is the usual procedure, possibly, but sometimes he conies in and 
pays you as much as $2, you do not challenge his poll tax; and you don’t know 
whether Mr. Brady was exempt from the payment of poll tax or not?—A. No, 
sir; I do not. 

(}. As to these names, you have not examined any other townships in the 
county for their names?—A. No, sir. 

Q. And you don’t know if they have paid in another county or not?—A. I 
could not say as to that; no, sir. 

Q. It is customary for people to move over the county, from precinct to pre¬ 
cinct, etc.?—A. Y'es. sir. 

Q. If you have no way of identifying a man, as .vou testified a little while 
ago, you have no way of ascertaining who pays poll tax or not?—A. The tax 
books show. 

Q. You testified a while ago that, as to the example I gave you, that you 
could not identify a man, because so many are in the county with the same 
name?—A. I could not say as to that. 

Q. You could not swear as to who paid poll tax and who has not?—A. Yes, 
sir; who has paid poll tax in the township where he voted. 

Mr. .1. L. AGNER, witness for contestee, being first duly sworn, testified as 
follows: 

Direct examination by IMr. Gaklton : 

Q. What official position did you hold in the last general election of 1920?— 
A. Registrar. 

Q. At what precinct?—A. Hatter’s shop, Rrovidence Township. 

Q. Did Mr. D. F. Swink and C. F. Frick vote at Hatter’s shop precinct in the 
1920 election?—A. Y’^es, sir. 

Q. Well, how did they vote?—A. Republican ticket. 

Q. Were they between the ages of 21 and 50 on the 1st day of IMay, 1919?— 
A. Yes, sir. 

Cross-examination by Mr. Waggoner ; 

Q. How did they vote, by absentee or in per.son?—A. In person. 


1020 


CAMPBELL VS. DOUGHTON. 


} 


Sheriff KRIDER, witness for contestee, recalled, testified as follows: 

Direct examination by Mr. Carlton: 

Q. You may state whether D. F. Swink and C. F. Frick, who voted at Hatter’s 
shop precinct in the 1920 election had paid their poll tax in Providence Town¬ 
ship for the year 1919 prior to the 1st day of May, 1920.—A. No, sir. 

Cross-examination by Mr. Waggoner : 

Q. Yon have checked your record of that township and you know they had 
not paid their poll tax for the year 1919 on or before the 1st day of ^lay, 1920.— 
A. I could not find any record of it; no, sii*. 

Q. You looked in that particular precinct for it?—A. Yes, sir. 

Mr. .1. H. A. LYERLY, witness for contestee, first being: duly sworn, testified 
as follows: 

Direct examination by Mr. Carlton : 

Q. Your name is J. H. A. Lyerly?—A. Yes, sir. 

Q. You were registrar at granite cpiarry precinct in the last general elec¬ 
tion?—A. Yes, sir. 

Q. Did Burley Kluttz vote in the 1920 election at granite quarry precinct?— 
A. Yes, sir. 

Q. Do you know how he voted?—A. I presume he voted the Republican 
ticket. lie affiliates with the Republican parties. I did not see the ticket. I 
presume he did. 

Q. He is reputed to be a Republican?—A. Yes, sir. 

Q. AV’as he between the age of 21 and 50 on the 1st day of May, 1919?—A. 
Yes, sir. 

Q. You are the deputy sheriff in this county?—A. Yes, sir. 

(}. Did you examine the records to see whether Burley Kluttz paid his poll 
tax for the year 1919 prioi* to the 1st day of iNIay, 1920?—A. I did. 

Q. Had he paid his poll tax?—A. I could not find where he paid any poll 
tax. He lives in Cold Hill—I could not find where he i>aid in that township. 

Q. You examined the record carefully?—A. Yes, sir. 

Q. There was no record of his paying poll tax?—A. None that I could find. 

Q. The following voters appear to have been cballenged by the contestant 
for the nonpayment of poll tax: William Miller, Arthur A. Lentz, and H. P. 
Letter. Do you know these three voters?—A. Yes, sir. 

Q. Did they vote at granite quarry?—A. Yes, sir. 

Q. Do you know whether they are soldiers or not?—A. Yes, sir. 

Q. In military service?—A. Yes. sir. 

Q. Were either one of these A^oters challenged on the day of election?—A. 
No, sir. 

Q. .T. M. Walton and Joe Smith also appear to have been challenged for the 
nonpayment of poll tax; did you examine the record as to .T. M. Walton and 
.Toe Smith?—A. I did. 

Q. What did you find?—A. .T. INI. 'Walton, or .Joseph Walton, paid his poll tax 
on March 1, 1920, in Providence Township, and .Toe Smith paid his tax in Gold 
Hill Township May 1. 1920. 

Q. Did IMoses L. Wyatt, Charles F. Brown, and Elbert W. TCluttz vote at 
your precinct in the 1920 election?—A. They did. 

Q. Do you know how they voted?—A. T presume they voted the Republican 
ticket; they affiliate with Gie Republican Party. 

Q. All reputed Republicans?—A. Sure. 

Q. Did you examine your records to see if they paid anv poll tax?—A. Yes, 
sir. 

Q. M hat did you find?—A. Found nothing; they were soldier boys. They 
were not challenged by Democrats for nonpayment of poll taxes. 

Cross-examination by Mr. Waggoner: 

Q. This man, Burley Ivluttz; did you state that he had not paid his poll 
tax?—A. I said we could not find where he paid in Gold Hill Township. 

Q. Do you know what his initials are?—A. His name is Burley Ivluttz. 

Q. Hoav did he register?—A. As Burley IHuttz. 

Q. His name might be B. .T. or something?—A. Could be. 

Q. Did he live in Gold Hill Township on May 1, 1919?—A. I think so; he 
was born in that township and never lived elsewhere. 


CAMPBELL VS. DOUGHTON. 


1021 


Q. Do you know when he registered?—A. He is a young man about 25 years 
old. He registered the first opportunity. He registered in person. 

Q. Do you know whether his initials are J. D. or not?—A. He goes by the 
name of Burley ; never heard of him being called by J. B. 

Q. You don’t know whether he listed his tax as J. B. or not?—A. No, sir. 

Q. As to this Mr. J. M. AValton; you say that you did find that he had paid 
his poll tax. Do you know whether this is the same person, or not, as Joseph 
Walton?—A. J. M. Walton and Joseph Walton is the same. 

Q. Might be several of that same name listed down there?—A. Not very 
many. 

Q. You don’t know if this is the same J. M. Walton or not?—A. I can swear 

that his initials are J. M. and his name is Joseph Walton. He goes by the 

name of Joe Walton. 

Q. There are a good many Smiths in the county?—A. Yes, sir. 

Q. There might be several Joe Smiths, and as a matter of fact there are 
more than one in this county ; you know that?—A. I do not know but one Joe 
Smith. 

Q. Do you know if he paid his poll tax, this Joe Smith, who lives in Provi¬ 
dence Township?—A. There may be a man from four townships; Salisbury, 
Litiker, Providence, and Gold Hill, at our precinct, and to find a man you 
have to know where he lives, or know where he lived at the time he voted, 
and look in that township. v 

Q. He may have been living in one of the other four townships?—A. He was 
living in Gold Hill Township; that was one Joe Smith; the one that voted in 
our box—he lived close to me at Gold Hill Township. 

Q. Is there another Joe Smith in Gold Hill?—A. No, sir; I don’t know of it. 

Q. Don’t you know that there is another Joe Smith in Salisbury Township?— 
A. I do not. 

Q. Did you go through the four townships of Salisbury to find him?—A. I 
went through Gold Hill, where I knew the place was, to find Joe Smith, and 
found where his poll was paid. 

Q. Did you look in the four townships?—A. I have testified to all to say if 
they paid their tax. In the case of Joe Walton I looked only in Providence, 
and found it in the name of J. M. Walton- 

Q. The one you know?—A. Yes, sir. 

Q. I believe you say you were registrar in the granite quarry precinct?— 
A. Yes, sir. 

Q. Did you see Moses L. Wyatt, Charles Brown, and Mr. Kluttz vote the 
Republican ticket?—A. I said I presumed they did, because they affiliated with 
the Republican Party. 

(At this point the hearing adjourned until 3 p. m.) 

Pursuant to adjournment the hearing reconvened at 3 p. m. 

The contestee produced, the following witnesses: 


Mr. IRA T. BAILEY, a witness for contestee, first being duly sworn, testified 
as follows: 

Direct examination by IMr. Ckakt : 

Q. Where do you live?—A. Woodleaf. 

Q. One of the election officials at your precinct. No. 2?—A. Yes. sir. 

Q. What were you?—A. Registrar. 

Q. Did a man by the name of Bowers vote at your precinct?—A. Yes, sir. 

Q. How did he vote?—A. He voted the Republican ticket. 

Q. Did his v/ife vote?—A. Yes, sir. 

Q. How did she vote?—A. Republican ticket. 

(}. State the cii-cumstances under which you allowed her to vote? A. As 
you all remember, it was very rainy that day, and he said his wife had a cold 
and he did not much want to bring her out. Said, “ M hat about it? And I 
said, “All right go ahead and vote an absentee ticket, and he asked me to fix 
it up and I'tlid, and said, furtliermore, “You need not go to the expense of 
getting a doctor’s certificate; 1 will O. K. it without it,” and he went back 

home and got it signed up and came back. v. . io 

Q. And you let her vote?—A. Yes, sir. There was something about like 18 
\otes cast, but Doughton’s votes were marketl off; had doctor’s certificates, but 
I did not care to put him to that trouble. 

O. Did George Click vote there?—A. Yes, sir. 

Q. Where does he keep his property?— A. Woodleaf. 



1022 


CAMPBELL VS. DOUGHTON. 


Q. Do you know of any circumstances that would lead you to believe he 
lives there?—A. Yes; he has his washing done at home. He comes backward 
and forward each week. Worked in Winston. 

Q. His home is there at Woodleaf?—A. He considered it. 

Q. Who lives there?—A. His father’s family, brothers, and sisters. 

Q. Look over this list of names and let me know whether or not they voted 
at 3 "Our precinct last November?—A. Yes, sir; all of them. 

Q. Please call oft tlie list to the stenographer.—A. C. O. Swicegood, A. L. 
Sheri-ill, .T. R. Seeman, P. H. Snider, L. F. Livengood, and Louie Safrit. 

Q. Did they all vote at your precinct last November?—A. Yes, sir. 

Q. What ticket did they vote?—A. Repul)lican. 

Q. Are any of them soldiers?—A. No, s r. 

t}. State the age of tin'se men, if you know.—A. T don’t know. Swicegood 
seems like 30 or 31 ; Sherrill the same; Seeman. 23; Snider, 28; Livengood, 26; 
and Safrit, 28, All except one registered last fall. 

Q. Do you know the.se men yourself?—A. Yes, sir; all of them. 

Q. Where do they list their taxes?—A. I don’t know. 

Q. Where is the proper place; in your township?—A. Yes. sir. 

Q. Woodleaf is the voting precinct for Unity Township?—A. Yes, sir. 

Cross-examination by j\Ir. Ad.\ms : 

Q. All these persons wlann you have just testified to, do you swear that they 
were living in your precinct on iMay 1, 1919?—A. No. 

Q. Do you know C. O. Swicegood?—Y’^es, sir. 

Q. Did he live in your precinct or from Cabarrus County?—A. I don’t know; 
he originally came from there. I think. 

Q. AVhen did he move in your precinct?—A. I don’t know. 

Q. If he paid somewhere else you would not know it?—A. No. 

Q. As to A. L. Sherrill, he moved into your precinct in the past year or 
two?—^A. I don’t know when. 

Q. Well, wasn’t he due to pay his 1919 tax somewhere else?—A. I don’t 
know; depends on the time. 

Q. As to Lonnie Safrit; has he lived in your precinct for the last year or 
so?—A. I don’t know; he came from Scotch-Irish. 

Q. As to J. R. Seeman, do you know how old he is?—A. He told me he was 
23 when he registered. 

Q. Did he register before you?—^A. Yes, sir. 

Q. This the first time he has voted?—A. Yes, sir. 

Q. As to P. H. Snider, he has moved into your precinct within the last year 
or two?—A. I don’t know how long he has been there: I don’t know where he 
came from. 

Q. As to all these parties, do you know that they were 21 years of age on 
IMay 1. 1919?—A. If tiny gave in their age when they registered, they were. 

Q. Do you know that they were as much as 50 years of age on IMay 1, 
1919?—A. I know that tliey were not. 

C}. As to Mr. George Click, do you know him?—A. Yes, sir. 

Q. How long has he been working in Winston-Salem?—A. I don’t know how 
long. He came back from the Army and worked out here awhile an<l then went 
to work in Winston-Salem. 

Q. Had that position at the time of election?—A. Yes, sir. 

Q. He is a single man?—A. Yes, sir. 

IVTi’. GRAD^ HAl.Ti. witness for contestee, lirst being duly sworn, testified 
as follows: 

Direct examination by Mr. Crak; : 

Q. Mr. Hall, you were registrar at what precinct?—A. Steele precinct. 

Q. Look over this list of names and state whether or not they voted on 
November 2?—A. Yes, sir. 

Q. How did they vote?—A. Republican. 

Q. Call off the names to the stenographer, please?—A. G. F. Arthur S .1 
Lentz. H. S. Plyler. 

Q. Any of them soldiers?—A. I don’t know. .1. B. Rex, T. A. Litaker, Floyd 
Kerr, and C. F. Graham. Tlie last four were soldiers; I don’t know about the 
other three;. I don’t know whether they were or not. 

Q. How did they vote?—A. Republican. 

Q. How old are they, Mr. Hall?—A. They are between 21 and 30 all vouii" 
men, don’t think any of them are over 30. 


CAMPBETJ. VS. DOUGHTON. 


1023 


Cross-examination by IMr. Waggoner : 

Q. Tkis man, G. F. Arthur, do yon know where he came from?—A. No, sir; 
I do not. 

Q. How Ions has he lived in Steele Townsliip?—A. He has been there two or 
three years. He worked in a garase, but has been sawmilling for the last year. 

Q. Do you know what his age is?—A. He is 24 or 25. 

Q. Ho you suppose he was 21 on the 1st day of May, 1919?—A. I would 
think so. 

Q. Do you know how he voted?—A. Yes, sir; Uepublican. 

Q. Did you see him put in the box?—A, Yes, sir. 

(}. Now, as to the age, of course, you have taken it for granted that he is 
around 24 and was more than 21 on the 1st of ^May, 1919?—A. He registered 
under me. He gave his age to me, and, if I am not mistaken, he is 24—gave 
in his age as 24 to me. I might be mistaken ; I don’t remember. 

(,). S. J. Lentz; did he move from Morgan Township up there?—A. I don’t 
think he did. 

Q. How long lias he been up there?—A. Well, he has been in there a year, 
last fall ; made a crop there. 

Q. You don’t know if he has jiaid his taxes for 1919 or not?—A. No, sir. 

Q. What is his age?—A. Twenty-three or twenty-four. 

Q. You don’t know whetlun* lu' was 21 on the 1st day of May, 1919, or not?— 
A. Yes, sir. 

Q. As to S. H. Plyler; how long has be been a resident of Steele Township?—- 
A. He has been there a year. 

Q. Was he there on May 1, 1919?—A. I don’t know. 

Q. These other people you testified that they were soldiers?-—A. Yes, sir. 

Q. Do you know what ticket they voted?—A. Kepublican. 

(>. Did you see them put the tickets in?—A. I did. 


Mr. A. I.. CAllltICKFll, witness for contestee, first being duly sworn, testi¬ 
fied as follows: 


Direct examination by iMr. Craig: 

Q. Where do you live?—A. Fnochville. 

(}. Is that the name of the voting precinct?—A. Yes, sir. 

C>. What position did you hold there last election?—A. Registrar. 

Q. I hand you a list of names and ask you whether or not they voted?—A. 
Yes, sir. 

Q. Call off the list of names.—A. A. M. Cross, John H. Himnicutt, W. H. 
Kizer, Mack Overcash, Teal Rogers, John T. Gardner, M. A. Blackwelder, G. M. 
Goodman, G. T. Herman, Waltei* Rogers, L. O. Cavin, Edgar Himnicutt (the last 
three were soldier boys), and Roy ITetree. 

Q. Did you examine the registration books to get the age of these men?—A. 
Yes, sir. 

Q. What age appears on the book?—A. I could not tell exactly each one—be- 
tweiMi the ages of 21 and 50, according to the books. 

(}. Did these men vote on November 2. 1920?—A. Yes, sir. 

Q. How did each one vote?-—A. Republican ticket. 


Cross-examination by IMr. Adams: 

Q. Mr. Carricker, as to these gentlemen who registered before you in 1920, 
did they give you their ages, some of them, as 21?—A. I don’t remember as 
to that. I don’t think so, but would not be positive. 

Q. Can you state upon oath that they were 21 years of age on May 1, 1919?— 
A. No; I would not swear that. 

Q. As a matter of fact, some of them registered at the age of 21? 

(No answer.) 


Redirect examination by Mr. Craig: 

Q. Their ages appear on the I’egistration books?—A. \"es, sir. 

Q. Did you make a copy from your registration book?—A. No; I never made 
this coiiy. 

Q. Did you (‘xamine Ihe hook and examine the copy?—A. Yes, sir. 

Q. Shows the age each one gave you when they registered?—A. Yes. sir. 

Q. Start at tin* top of the list and call the man’s name and age, as it appears 
on the registration books.—A. W. M. (h’oss -11, John H. Himnicutt 84, J. H. 
Kizer 42, Mack Ovei'cash 45, Teal R(»gers 30, John T. Gardner 80, M, A. Black- 


1024 


CAMPBELL VS. DOUGHTON. 


welder 43, G. M. Goodman 31, G. T. Herman 49. I do not have the ages of the 
soldier boys. I did not get that. , 

Recross-examination by Mr. Adams : 

Q. Yon don’t know now that tliey were 21 years of age on May 1, 1919?—A. 
Two of them were; I don’t know as to the other one. 

Q. Which two?—A. AValter Rogers and Luke Cavin. 

Q. Were they living in that precinct on INlay 1, 1919, each and every one you 
have called there?—A. No, sir. 

Q. Then they were not liable for poll tax in that precinct?—A. ITnless they 
moved in since them 

Sheriff KRIDER, a witness for contestee, recalled, testified as follows: 

Direct examination by Mr. Ckaig : 

Q. Sheriff, I hand you a list of Republican voters at Enochville and ask you 
if any of them paid their poll tax for the year 1919 on or before the 1st day of 
May, 1920?—A. No, sir; not in Atwell Township. 

Q. Call off the ones not paid.—A. A. M. Cross, .Tolin H. Hnnnicutt, W. H. 
Kizer, INIack Overcash. Teal Rogers, .John T. Gardner, M. A. Blackwelder, G. M. 
Goodman, G. T. Herman, Walter Rogers, 1^. O. Cavin, Edgar Hnnnicutt, and Roy 
Peetree. 

Q. I hand you a list of Republican voters in Unity Township and will ask 
you to look it over, and ask yon if thev paid their poll tax for 1919 on or before 
May 1, 1920?—A. No, sir. 

Q. Call off the names who did not pay.—A. C. O. SAvicegood, A. L. Sherrill, 
J. R. Seeman, I*. H. Snider, L. P. Livengood, and Louie Safrit. 

Q. I hand yon a list of Republican voters in Steele precinct. You may ex¬ 
amine the list and state whether or not they paid their poll tax for 1919 on or 
before the 1st of May, 1920.—A. No, sir; not in Steele Township. 

Q. Call off the names who did not.—A. G. S. Arthur, S. J. Lentz, H. S. Plyler, 
.T. B. Rex, L. A. Litaker, Floyd C. Kerr, and C. F. Graham. 

By Mr. W OODSON : 

Q. I hand yon a list of Republican voters for Cleveland Township. Did they 
pay their 1919 poll tax on or before the 1st of May, 1920?—A. No, sir; not in 
Cleveland Township. , 

Q. Call them off, please.—A. F. R. Corbitt, .Tohn Neely, J. B. Lytle, J. W. 
Graham, ,T. F. Cain, ,1. E. Beagle, T. L. Beagle, S. M. Goodman, and Douglass L. 
Roseman. 

Q. I believe you said they had not paid their 1919 poll tax on or before May 
1, 1920?—A. No, sir; they did not pay their 1919 poll tax on or before the 1st 
day of May, 1920. 

Q. I hand you a list from Gold Hill Township of Republican voters; did 
they pay their 1919 poll tax on or before the 1st day of May, 1920?—A. They 
did not pay on or before the 1st day of IMay, 1920, for Gold Hill Township. 

Q. Read the list.—A. Adam Kirk, Eugene Ridenhour. Sam Smith, Calvin E. 
Shipton, Stokes Ingram, and John Hill. 

Cross-examination by Mr. Waggoneir: 

Q. Sheriff, in your testimony here wherein you state that these persons have 
not paid their poll tax, you mean that your records show that thev have not 
paid poll tax in the precinct which they live and voted?—A. Which l'checked. 

Q. As to other parts of the county you do not kiuAw if they have paid there 
or not?—A. No, sir. 

Q. Sheriff, you have not checked them against your certified list?—A. No, sir. 

Q. I believe you cglled the name of W. H. Kizer in one of these lists?—A. 
Y^es, sir; I did. 

Q. That is for poll tax? [Presents to witness receipt.]—A. Yes, sir. 

Q. For 1919 tax?—A. Yes, sir. 

Q. Paid on what day?—A. Paid in Locke Township November 7, 1919. 

Q. Poll tax included?—A. Yes, sir. 

Q. I believe you also testified as to the name of J. L. Gardner?—A. T tesfihed 
as to John T. Gardner. 

Q. Is this receipt from your office; and wiiat Gardner is that?—A. J. T. 
Gardner. 

Q. For what year is this payment of poll tax?—A. For year 1919. 

Q. What date was it paid?—A. Salisbury Township, on Novem])er 19, 1919. 


CAMPBELL VS. DOUGHTON. 


1025 


Q. Poll tax also paid?—A. Yes, sir. 

Q. And it is your receipt?—'A. Yes, sir, I testified as to John T, Gardner. 

Q. The one yon testified to did not pay poll tax?—A. Not in Atwell Township. 

Q. And the one handed yon by Mr. Adams is J. T. Gardner, from Locke 
Township?—A. J. T. Gardner, from Salisbury Township. 

Q. Mr. Sheriff, take the tax receipt of J. T. Gardner and look in the left- 
hand corner and see blank space for a number on that. Do you number all re¬ 
ceipts in this county?—A. No, sir, 

Q. You have no way of checking against duplication of names?—A. No, sir; 
not by number. 

Q. You have not numbered them?—A. No, sir; I do not number any of them. 

Q. They have diiferent townships?—A. Yes, sir, 

Q. Check the receipt of G. INI, Goodman; is that the form of receipt you gave 
for all townships alike?—A. I would not say—some have special schools—some 
for railroad bonds. 

Q. That is for special school tax, isn’t it?—A. I would not swear positively—• 
the receipt generally used. 

Q. Did you testify as to his not having paid his poll tax—A. l^'es, sir; not 
having paid poll tax in Atwell Township. 

Q. What township does that show it was paid?—A. Litaker. 

Q. That is for G. M. Goodman?—A. G. M. Goodman on that receipt, but I 
beg your pardon; it is a 1918 receipt. 

(Receipt withdrawn by attorney for contestant.) 

Q. You testified as to George T. Herman?—A. I testified as to G. T. Herman. 

Q. In what township?—A. Atwell. 

Q. There is a tax receipt for the year 1919 for him; what date was it paid?— 
A. Paid January 17, 1920—No. 4 township, Cabarrus County. 

Q. Poll tax charged on that?—A. Yes, sir; but it looks like a J. 

Q. Y'ou testified as to J. H. Hunnicutt as not having paid his poll tax?—A. 
Yes, sir; in Atwell Township. 

(). Here is a receipt just brought up: read it for the record, please.—A. This 
is a written tax receipt for H. H. Hunnicutt: “ H. H. Hunnicutt paid poll tax 
in 1919 in China Grove Township, December 22, 1919. J, H. Krider, sheriff, 
by G. L. Baker, deputy.”. 

Q. As to the other parties whom you testified about there, you do not know 
that they have not paid poll tax in other precincts in the county?—A. No, sir; 
I do not. 

Q. You testified as to F. R. Corbitt as not having paid his poll tax?—A. Yes, 
sir; in Cleveland Township. 

The contestee objects to the contestant examining the witness about different 
men paying their poll t4x in townships and counties other than the ones that 
the witness has testified to in his direct examination. If the contestant wishes 
to introduce any evidence as to alleged payment of tax by persons of Rowan 
County and other counties in the State of North Carolina and by men of other 
names and other initials, then he should do it on his own time in his own record 
at his next hearing. 

To which the attorney for the contestant rejoins and states that the sheriff 
of Rowan County states that he made a certified list of those having paid 
their poll tax in the county of Rowan on or before the 1st day of May, 1920, for 
1919 tax; said list made in compliance with the law, intended to cover the 
entire county, and the fact that lie does refuse to testify on oath that it is 
correct, and wishes to challenge parties having voted for the nonpayment of 
poll tax in the township in which they have voted, without searching his own 
records to see that they have been paid in other precincts of the county, when 
under the laws of the State four months is the only time required to establish 
a new residence within the county, and that taxes are paid by the year. 

To which the contestee replies and states that J. H, Krider, sheriff of Rowan 
County, testified that the certified list filed by him with the clerk of the 
Superior Court of Rowan County was correct and true to the best of his knowl¬ 
edge and belief, from the records in his office and taken from the tax books 
to which the attorney referred to in his above reply. 

Redirect examination by IMr. Woodson : 

Q. Mr. Adams handed you and examined you about the 1918 tax receipt 
of one G. M. Goodman?—A. Yes, sir. 


57695—21 


65 



1026 


CAMPBELL VS. DOUGHTON. 


Q. And you discovered after he had asked you several questions about it 
that it was a 1918 receipt?—A. Yes, sir. 

Q. When all your examination is all about 1919 receipts?—A. Yes, sir, 

Ilecross-examination by Mr. Waggonee: 

Q. Did you testify that G. M. Goodman did not pay poll tax for 1919 in 
Atwell Township?—A. Yes; in Atwell Township. 

Q. For any township in the county?—A. Not in Atwell Township. 

Q, Will you swear that he did not pay 1919 tax on or before the 1st day of 
May, 1920, for the county of Rowan?—A. I would not swear to the county, but 
would swear to Atwell Township. 

Q. If he should have paid in any other precinct, he would be entitled to 
vote?—A. If he had paid on or before the 1st day of May, 1920, he would be 
entitled to vote. 

Redirect examination by Mr. Woodson : 

Q. That is, if he was not otherwise disqualified to vote?—A. He examined 
me as to poll tax. 

Recross-examination by Mr. Adams : 

Q. You testified as to .1. W. Hill?—A. I testified as to .Tohn Hill, in Gold 
Hill Township. 

Q. You testified as to Stokes Inj 2 :ram; is that thq tax receipt of Stokes 
Ingram for the year 1919, with poll tax included?—A. Yes, sir; in Morgan 
Township, Rowan County, December 2, 1919, 

Q. With your seal on it?—A. My stamp on it, 

Q. Did you testify as to C. S. Shipton?—A. I testified as to Calvin E. Shipton. 

Redirect examination by Mr. Woodson : 

Q. Mr. Adams asked you about a receipt purporting to be the tax receipt of 
George T. Herman, issued from Cabarrus County, stamped .Tanuary 17, 1920, 
signed by H. W. Caldwell. I will ask you to examine this receipt and state 
whether or not there has not been a name erased on the receipt prior to the 
writing over it of George T, Herman?—A. Best of my knowledge, it looks like 
it has been erased and another wrote in. 

Q, Did you do it?—A, No, sir. 

Q, Is the sheriff of Cabarrus County a Republican or Democrat?—A. He 
is a Republican 

(This receipt introduced into evidence by Mr. Woodson, attorney for con- 
testee:) 

Exhibit A. 

No, 4 Township, Cabaekus County, N. C.. 

-, 191—. 

Received of Geo. T. Herman, his taxes for the year 1919. as follows: 


For poll tax_$2. 00 

State property tax- . 50 

County property tax- . 97 


Total tax_ 3.47 

Paid January 17, 1920. H. W. Caldwell, Sheriff. 

(The contestant heartily cooperates in the request.) 

(Receipt introduced into the record by contestee without objection on the part 
of contestant.) 

Recros.s-examination by IVIr. Adams : 

Q. The tax receipt introduced by the contestee has the seal of the sheriff of 
Rowan County on it?—A. Cabarrus County ; I call it a stamp and not a seal. 

Q. And if there .has been an erasure made it can be shown by the records of 
the sheriff of Cabarrus County?—A. I would think so. 


W. F. ITIOMPSON, witness for contestee, first being duly sworn, testified as 
follows: 

Direct examination by Mr. Woodson : 

Q. Where do you live, Mr. Thompson?—A. In Cleveland Township. 

Q. In what precinct?—A. Cleveland precinct. 








CAMPBELL VS. DOUGHTON. 1027 

Q. Wliat position did you occupy during: the last general election?—A. Regis¬ 
trar. 

Q. I hand you a list of names; will you read them?—A. F. R. Corbitt, John 
Neely, J. B. Lytle, J. W. Graham, J. P. Cain. 

Q. What were their ages ranging between?—A. From 30 to 45 years. 

Q. Do you know-how they voted?—A. I do. 

Q. What ticket did they vote?—A. Republican ticket. 

Q. I hand you another list; will you please read?—A. J. E. Beeker, T. L. 
Beeker, S. M. Goodman, Douglass L. Roseman. 

Q. Do you know these men?—A. Yes, sir. 

Q. Were they in the Army?—A. Yes, sir. 

Q. Did they vote at the Cleveland precinct?—A. They did. 

Q. What ticket did they vote?—A. Republican. 

Q. Mr. Thompson, do you know a man by the name of J. R. Jackson?—A. Yes, 
sir. 

Q. Did you vote the name of J. R. Jackson on your registration books in 
Cleveland precinct?—A. No, sir. 

Q. Did you have his name on the poll book for Cleveland precinct?—A. No, sir. 

Q. Did any person by the name of J. R. Jackson vote in the last election?—A. 
No, sir. 

Cross-examination by Mr. AVaggonee : 

Q. J. E. Beeker—he voted the Republican ticket, and also G. L. Beeker?—A. 
Yes, sir. 

Q. You were the registrar in Cleveland precinct?—A. Y^'es, sir, 

Q. Did you see these men put tickets in the box?—A. Yes, sir. 

Q. Did you see what kind of a ticket it was?—A. Yes, sir; voted Republican 
tickets. 

Q. Did you examine these tickets to see if these men put tickets in the box 
for Dr. Campbell?—A. Yes. sir; voted straight ticket all the way through. 

Q. Every one of them?—A. Yes, sir. 

Q. All these men you testified to?—A. Yes, sir. 

Q. Did you examine all the tickets that were cast that day to see if they 
voted for Dr. Campbell?—A. AVe had Republican tickets in one place and the 
Democratic tickets in another place, and the Republicans would go up to the 
pile of Republican tickets and get their votes nnd the Democrats would go to 
their pile. 

Q. You don’t know if they got Dr. Camphell tickets or not?—A. Yes, sir; I 
Gould see. they were right before me. 

Q. You don’t know but what they might have had tickets for Doughton in their 
tickets?—A. Could not tell what they had in the ticket. 

Q. And they may have voted for Mr. Doughton?—A. No, sir; voted for Dr. 
Campbell. 

Q. Did you examine each one?—A. I did not take up that time. 

Q. All you say is that you saw them go to where the Republican tickets were, 
and you could not swear that they voted a straight Republican ticket?—A. 
Yes, sir. They affiliated with the Republican Party. They got Republican 
tickets and voted them. 

Q. Air. Thompson, this last name. J. R. Jackson, what kind of a ticket did 
he vote?—A, There was no one there that voted by tbe name of J. R. Jackson. 

Q. Did no one register by that name?—A. No, sir. 

Q. Air. Thompson, did anyone register by the name of Douglass Roseman?— 
A. Yes, sir. 

Q. AA'hat kind of a ticket did he vote?—A. Republican. 

Q. Do you know he voted a full ticket?—A. Yes, sir. 

Q. See him vote it?—A. Yes, sir. 

Q. Can you swear that these people whom you have testified to, every one 
of them have been in your precinct or were there on the 1st day of Alay, 1919?— 
A. Air. F. R. Corbitt was not there. He moved to Cleveland Township in the 
early part of 1920. 

Q. Then, F. R. Corbitt would not be liable to pay poll tax in that township?— 
A. No, sir. 

Just here the contestee calls on the contestant for the tax receipt of G. M. 
Goodman for his 1918 poll tax and asks that same be made an exhibit and a 
part of the record of the testimony in this case, and files it as an exhibit and 
a part of the record in this case. 


1028 


CAMPBELL VS. DOUGHTON. 


To winch the attorney for the contestant replies that he withdrew the receipt 
when he realized the date and to show jrnod faith to the contestee he willingly 
surrenders the receipt so they may make an exhibit of it. 

The contestee in answer to the last statement of the contestant says that the 
receipt of G. INI. Goodman was in tlie possession of the contestant and exhibited 
and handed to J. H. Krider the witness, by attorney for the contestant and 
it was only withdrawn by the attorney after the sheriff discovered, after three 
or four questions had been asked him about said receipt, that it was a 1918 
receipt, and it was exhibited by the contestant through his attorneys at the 
time that all 1919 receipts were being exhibited and testified about. 

To which the attorney for the contestant replies and states that he has in 
his possession a receipt from the sheriff of Rowan County for G. M. Goodman’s 
taxes signed by J. H. Krider, and asks that it be introduced as “ Exhibit C ” 
for the year 1919 taxes, which receipt reads as follows: 

“ G. ]\I, Goodman paid his tax for 1919, Nov. 17, 1919. J. H. Krider, Sheriff, 
By K, L. Rankin, D. S.” 

Exhibit B. 

Litaker Township, Rowan County, N. C.. 

January IS, 1919. 

Received of G. M. Goodman, taxes for 1918, as follows: 


For State_$0.76 

For schools_:_ , .55 

For county_ 1. 54 

For poll_ 1. 95 

For special road_ . 41 

For special road poll_ . 45 


Total taxes for the year 1918_ 5. 66 


.T. H. Krider, Sheriff. 

Exhibit C, 

G, ]M. Goodman paid his tax for 1919, November 17, 1919. 

.1. H. Krider, Sheriff, 
By R. L. Rankin, D. S. 

The contestee after examining the receipt just introduced by the contestant, 
objects to the introducion of said receipt for the reason that it does not pur¬ 
port to receipt G. M. Goodman for his poll tax for the year 1919. 

To which the attorney for the contestant rejoins and states that the sheriff 
certifies that his tax is pnid for the year 1919 and if he is liable for poll tax 
the presumption is that it is paid also and is included in the receipt. 

W. L. SHAVER, witness for contestee, first being duly sworn, testified as 
follows: 

Hirect examination by Mr. Woodson : 

Q. INIr. Shaver, what township are you from?—A. Gold Hill Township. 

Q. What pi'ecinct?—A, Gold- Hill precinct. 

Q. In Rowan County?—A, Yes, sir. 

Q. What position did you occupy during the last general election?—A, 
Registrar. 

Q. For the Gold Hill precinct?—A. Yes, sir. 

Q. I hand you a list of names; please read.—A. Adam Kirk, Eugene Riden- 
hour, Sam Smith, Calvin E. Shipton, Stokes Ingram, and .lohn Hill. 

Q. JMr. Shaver, their ages range between what years?—A. Run from 22 to 
40; I don’t think any of them are over 40, 

Q. Did they vote in the last general election at Gold Hill?—A. l^es, sir. 

(}. What ticket did they vote?—A. All voted the Republican ticket. 

Q. And as far as .vou know for Dr. Campbell, the Republican candidate for 
Congress?—A. Yes, sir. 

Cross-examination by Mr. Adams : 

Q. Mr. Shaver, do you know how old Adam Kirk is?—A. He told me he 
was 22. 

Q. Was he 21 on May 1, 1919?—A. I suppose so. He said he was 22 when he 
registered. 













CAMPBELL VS. DOUGHTON. 


1029 


Q. He could have been 22 when he registered and not be 21 on IVIay 1, 1919?— 
A. I put it down as he gave it to me. 

Q. As to Eugene Kidenhour? Did lie give his age as 21 when he registered?— 
A. He was either 21 or 22; I put it down exactly what he told me. 

Q. You don’t know whether he was 21 or not on the 1st day of May, 1919?— 
A. I believe he was older than he said he was when he came down to register. 

Q. How many Calvin Shiptons do you have in your precinct?—A. Only one 
that I know of. 

Q. You say only one down in that precinct that you know of?—A. All the 
one I know of. 

Q. How long have you been living in that precinct?—A. I went there in 1876. 

(}. Long enough to know everyone down there?—A. Yes, sir. 

Q, How many .John Hills do you have down there in your precinct?—A. I 
don’t think there is but one—that is all that I know of and remember. 

Q. Ho you know .Tohn Hill’s initials?—A. I believe he signs his name John W., 
if I am not mistaken. 

Q. Do you know how Calvin Shipton signs his name?—A. No, sir; I do not; 
except Calvin Shipton. 

.T. L. FLEMING, witness for contestee, first being duly sworn, testified as 
follows: 

Direct examination by Mr. Caklton : 

Q. Your name is John L. Fleming?—A. Yes, sir. 

Q. You were registrar at Bradshaw precinct. Rowan County, in the 1920 
election?—A. Yes, sir. 

Q. Do you know Mr. L. D. Kerr?—A. Yes, sir. 

Q. Did you hear him testify in the hearing of the contestant?—A. No, sir; 
I did not hear it; that is on record; I was not here. 

Q. It appears from his evidence that you were around in his neighborhood 
registering people, and that you registered a Mr. Boyd’s folks; you may state 
whether it is true or not.—A. It is not true. 

Q. Did you register any of Mr. Boyd’s folks?—A. No, sir. 

Q. Did you go to his house?—A. No, sir. 

Q. Mr. Kerr further testified that you refused to register his wife; you may 
state whether this statement is true or not.—A. No, sir; it is not true. 

Q. Did Mr. Boyd’s wife make application to you for registration?—A. No, sir. 

Mr. Kerr also says that you gave as your excuse that you were not regis¬ 
tering anyone that did not vote the Democratic ticket. Did you make such a 
satement to Mr. Kerr?—A. I did not. 

Q. Did you make that statement to anyone else in your precinct?—A. No, sir. 
And, more than that, I went to the field where they were picking cotton and 
registered Republican women. I registered Mrs. George Weaver, and she voted 
the Republican ticket and she voted for Dr. Campbell also. I went out in the 
field to where a Mrs. Martin was and offered to register lier, but she refused to at 
that time; later she voted Republican ticket and voted for Dr. Campbell. 

Q. I read you these names, JMr. Fleming: J. B. Ctildwell, M. A. Basinger, 
C. L. Sm'th, Gaither Bostian, L. E. Kerr, C. W. London, Horace Graham, and 
John L. Wilcox. Did these eight men vote in your precinct in the 1920 elec¬ 
tion?—A. Yes, sir. 

(}. How did they vote?—A. They voted the Republican ticket. 

(>. Were they all between the ages of 21 and 50 on the 1st day of May, 
1919?—^A. To the best of my information and knowledge, they were. 

(}. D’d you investigate the record to find out whether they paid their poll tax 
for 1919 prior to the 1st day of May, 1920?—A. I did. 

Q. What did you find?—A. Not any of them paid their poll tax before the 
1st of May. 

(}. There are two names at the bottom of that list, read those.—A. J. V. 
Smith and C. J. Smith. 

Q. Did they vote in the 1920 election?—A. Y'es, sir. 

Q. How did they vote?—A. Republican ticket. 

(}. Had they paid their 1919 poll tax before the 1st day of May, 1920?— 
A. No. sir; they have not paid yet. 

Q. What reason did they give ?—A. They were soldier boys, and did not make 
any returns. 

Q. So it was understood in that precinct that soldiers were exempt from 
poll tax?—A. Yes, sir. 


1030 


CAMPBELL VS. DOUGHTOX. 


Q. Was .anyone challenged for the nonpayment of poll tax who were in the 
army?—A. No, sir. 

Q. Were there any other people challenged for the nonpayment of poll tax?— 
A. No, sir. 

Cross-examination by Mr. Waggoner: 

Q. This man Smith—iJim Smith?—A. J. V. Smith. 

Q. Do yon know when we was discharged?—A. No, sir; not exactly. 

Q. How about C. J. Smith?—A. They came back together. 

Q. Don’t you know that they were not discharged until .June, 1919?—A. I 
think so. 

Q. So they would not have been liable for poll tax anyway if soldiers had 
not been exempt as the contestee claims, if they were not here on the 1st day of 
May, 1919?—A. I don’t know that they were; I am not sure. 

Q. Did you have any conversation at all with Mr. Kerr? That is sometime 
about registration time?—A. Yes, sir. 

Q. I will ask you if you did not tell him at that time that you were not 
going to the houses and register anyone except the ones that were going to 
vote the Democratic ticket?—A. No, sir; I don’t think I did—I have just stated 
that I went to the houses to register them and went to the cotton patch 
to register them. 

Q. How many Democrats did you go to the house of to register?—A. I 
don’t know. 

Q. There was a number of them?—A. Yes, sir. 

Q. Mr. Fleming, you did not have some conversation with IMr. Iverr about 
going to his house to register some of them?—A. I was about 7 miles from 
home at Dan Overcash’s store, and he asked me to go up to his house and 
register his wife, and I told him that it was late in the night, and I did not 
think I could make the trip that night. I thought I had to drive at least 10 
miles over bad roads and the roads were muddy. I found out afterwards that 
I could have gone up to h's house by driving on a country road not a public 
road, out of the way about a mile. He did not live where I thought he did. 
That is why I did not go. 

Q. Were you up thei-e registering people that day?—-A. Yes. sir. I was wait¬ 
ing at the store to register a lad.v that night between 8 and 9 o’clock, and I 
was out there and going to register her when he asked me to go up to his 
house. When I told him that he said he guessed it was all right anyway. 

Q. Mr. Fleming, how long has Mr. Wilcox and Mr. Smith been living in 
your precinct ?—A. Wilcox—I don’t hardly know—I do not know him; I think 
he lives about 7 miles from where I live. 

Q. Was this the first time he voted in your precinct?—A. I don’t know; I 
Ihink so. 

Q. And how about Mr. C. J. Smith?—A. He was raised in our township. I 
think he probably might have been out. 

Q. Don’t you know that both of these men came from Iredell County?— 
A. I don’t know for certain. 

Q. I hand you a receipt here; tell me just where that receipt is from, what 
county, and what it is?—A. This is from Iredell. 

Q. What is it?—A. A tax receipt. 

Q. Does it show that Wilcox paid his tax for 1919?—A. .1. L. Wilcox. 

Q. Does it show that he had paid his 1919 poll tax?—A. Yes, sir. 

Q. On what day?—A. December 16, 1919. 

Q. I hand you another receipt for Mr. C. J. Smith, and I will ask you what 
that receipt shows?—A. From the same place, Iredell County. 

Q. What does it show? Does it show that Mr. Smith paid his poll tax for 
the year 1919?^—A. Yes, sir. 

Q. When did he pay it?—A. Either March or May 16; I can’t tell; it may 
be March or it may be May. 

Q. Look at that again and see if it is not March 16, 1920?—A. It may be. 

Q. Mr. Fleming, these other names that you testified to, do you know if 
they have lived in your precinct and how long?—A. They have been there 
all the time; never moved out, I don’t think, with the exception of one, probably. 

Q. Do you know about everybody in your precinct?—A. I think so. 

Q. ]\Ir. Fleming, is there more than one E. L. Kerr in your precinct?—A. I 
know one L. E. 

Q. You know an E. L., too?—A. Yes, sir; several Kerrs there; only one E. L. 

Q. Is there an L. E.?—A. Yes, sir; L. Everett Kerr. 


CAMPBELL VS. DOUGHTON. 


1031 


Q. \\ho is p]. L. ?—A. I don’t know just exactly who that is—Mr. Waggoner 
I see* what you want me to say—p], I.,, is not L. E. L. E., he is a young man; he 
should not pay any tax; that is, the one named L. Everett. E. Jj. paid his. 
L. PL did not have to pay anything at all. 

Q. Is Horace Graham and H. F. Graham the same man?—A. Yes, sir; I 
think he is. 

Q. Do you know whether or not he owns property in more than one town¬ 
ship?—A. I don’t think he owns any real estate at all; he has some personal 
property, but no real estate. 

Q. Do you know that Horace Graham and H. F. Graham is the same man?— 
A. I think they are. 

Q. How old is he?—A. He is about 40 or 45. 

Q. He may be 50?—A. No, sir; he is younger than I am; he married my 
wife’s first cousin. He is younger than I am. 

Q. .T. B. Caldwell, do you know how old he is?—A. Nothing except what he 
registered; he gave me his age as 22. 

Q. What day did he register?—A. It was in October, 1920. 

Q. Y'ou don’t know except what he told you at that time?—A. No, sir. 

Q. You don’t know how old he was on May 1, 1919?—A. No, sir; I could 
not state that. 

C. A. CAMI’BELL, witness for contestee, first being duly sworn, testified as 
follows: 

Direct examination by Mr. Craig : 

Q. Mr. Campbell, where do you live?—A. Morgan Township, precinct No. 2. 

Q. What position did you hold November 2 last year?—A. Registrar. 

Q. I hand you a list of names of voters of that precinct; look over the list 
and state whether or not they voted on November 2, 1920.—A. Yes, sir. 

Q. Call them off.—A. M. L. Agner, 45 years, no poll; Grover Lee Bassinger, 
age 25; J. C. Williams, age 25; William H. IMorgan, age 22. 

Q. Did they vote in your precinct?—A. Yes, sir. 

Q. What ticket did they vote?—A. Republican ticket. 

Q. State whether or not these men are residents of Morgan Township?—A. 
Yes, sir; residents there—three of them born there and one moved in some 20- 
odd years ago. 

Q. Morgan Township is the proper place for tliem to list their taxes?—A. Yes, 
sir. 

Q. ]Mr. Campbell, do you know whether or not they paid their poll tax for 
1919 on or before the 1st day of IMay, 1920?—A. I do not. 

Cross-examination by Mr. Adams : 

Q. INIr. Campbell, do you know that all of them voted the Republican ticket?— 
A. Yes, sir; I certainly do. 

Q. How many Republican tickets cast down there that day?—A. I think 
about 153. 

Q. How many Democratic tickets?—A. About 61 or 62. 

Q. Did you see every man when he cast his ballot?—A. I did. 

Q. You saw what kind of a ticket he voted?—A. I did. 

Q. Did you look at every ticket that every man cast?—A. I checked their 
name off book while two judges opened up the tickets. 

Q. You did not look at the ballot to see if they were Republicans?—A. I did 
not look at each separately. 

Q. What is J. C. Williams’s name?—A. I think it is John or James Carl. 

(}. Is it Carl or Carlie?—A. His father and mother call him Carlie. 

Q. How old is he?—A. He gave his age as 25. 

Q. Does he have any property?—A. I think so. 

Q. How much, about?—A. I don’t know. 

Sheriff KRIDER, witness for contestee, recalled. 

Direct examination by IMr. Craig : 

Q. I hand you a list of Republican voters at Morgan Township No. 2. I will 
ask vou to l(*K)k over the list and state whether or not the names on that list 
paid^heir 1919 i)oll tax on or before May 1, 1920?—A. No, sir; they did not in 
Morgan Township. 

(}. Sheriff, call off the names, please?—A. M. L. Agner, G. Lee Basinger, J. O. 
Williams, and William H. Morgan. 


1032 


CAMPBE1.L VS. DOUGHTON. 


Q. INIr. Campbell states that they are all residents of Morgan Township and 
that Morgan Township is the proper place for them to list their taxes. Please 
state whether or not they should appear in the tax book in Morgan Township 
tax books?—A. Been living there; yes, sir. 

Q. State whether or not their tax receipts should be in the Morgan Township 
tax book?—A. If living there on the 1st day of May, 1919; yes, sir. 

, Cross-examination by Mr. Waggoner : 

Q. Sheriff, will you swear that ,T. C. or Carlie Williams did not pay his ix)ll 
tax for 1919?—A. I searched the record and I found no receipt or stub for .1. C. 
Williams in Morgan Township. 

Q. Why do you emphasize IMorgan Township?—A. Because that is the last 
township testified to. I can find a J. C. Williams in Salisbury. I expect I 
could find two or three; I could not say. 

Q. As to M. L. Agner?—A. The books show that he paid no poll tax in Morgan 
Township. 

Q. Does it show that he paid any tax?—A. Yes, sir. 

Q. How much; do you know?—A. No, sir. 

Q. He owns some property, don’t he?—A. I don’t know. 

Q. Do you know how old he is?—A. Not to my knowledge. 

<). There is a receipt, sheriff—that is a receipt of M. L. Agner?—A. Yes, sir. 

Q. For Morgan Township?—A. Y"es, sir. 

Q. How much tax did Mr. Agner pay for 1919?—A. He paid $14.29. 

Q. What date was that paid?—A. November 14, 1919. 

Q. If he did not pay poll tax why didn’t he pay poll tax?—A. I don't know. 
There is no poll charged in there—no poll on it and no poll paid. I could not 
tell why he is not charged with it. 

Q. Sheriff Krider there is a receipt for Carlie Williams; state whether or not 
he paid poll tax for 1919.—A. Carlie Williams paid poll tax for 1919 on Novem¬ 
ber 12, 1919. 

Q. That is for Morgan Township?—A. Yes, sir. .1. C. Williams is the one I 
was testifying to. 

Q. Didn’t you hear Mr. Campbell, the witness who has just leftfihe stand, say 
that J. C. was the same as J. Carlie Williams?—A. No. s r; I did not hear what 
he said. 

(}. This receipt of M. L. Agner, which does not show poll tax as having been 
paid, could have been left off by the man who made up the tax?—A. It could 
have been left off—yes, sir. 

Q. And it would not have been the fault of Mr. Agner?—A. No; if he listed 
his poll tax. All I can speak for is the receipt, what it shows on the face of it. 

Q. It shows that his other tax was paid?—A. Yes, sir; but the poll tax was 
not paid. 

Q. Mr. Krider have you a Carlie Williams on the tax books in Morgan town- 
)^hip for precinct No. 2?—A. I don’t know as to that. That receipt was paid in 
Morgan township, and is bound to be on their receipt there. 

Redirect examination by Mr. Craig ; 

Q. Is J. C. Williams on there, too?—A. J. C. Williams did not pay poll tax. 

Q. Is .1. C. Williams’s and Carlie Williams’s receipt the same?—A. No, sir; I 
could not say as to that. 

Q. The list you checked was as to J. C. Williams?—A. Yes, sir. 

Q. You would not state that J. C. Williams is Carlie Williams?—A. No, sir. 

Recross-examination of Mr. Waggoner: 

Q. The registrar stated that they were the same man?—A.‘l did not hear 
what the registrar swore. 

Redirect examination by Mr. Craig : 

Q. Sheriff, I hand you a list of Republican voters in Franklin township. I 
will ask you to look over the names and state whether or not they paid their 
1919 poll tax on or before May 1, 1920.—A. No, sir; they did not pay their poll 
tax in Franklin Township for 1919 on or before the 1st day of May, 1920. 

Q. Please read the list. Sheriff.—A. W. F. Cranfield, Noah C. Agle, C. L. Hipp, 
S. C. Jones, Ezra Miller, Eugene Miller, Early Miller J. H. yiowerv, C. C. 
Pinkston, H. F. Zimmerman, C. Y. Owens, Carl Myers, Earl Powelf, D. W. 
Meyers, Fred Fespernian, Tom Brinkley, and Charles M. Hall. The last two 
are in the Army; no poll on the book for them. 


CAMPBELL VS. DOUGHTON. 1033 

Q. Any of the others in the Army he.sides the last two?—A. I don't know; T 
•could not say as to that. 

Cross-examination by Mr. Waggoner: 

Q. These iieople that you have just testified to, you don’t know how they 
voted?—A. No, sir. 

Q. And you don’t know the a. 2 :es of these peoi)le?—A. No. sir. 

Q. And you don’t know if they lived in that preeinet or how long?—A. No, 
sir. 

Q. lour statement is that they have not ])aid poll tax for that town.ship?—A. 
Yes, sir. 

Q. Put as to the other part of the county you don't know?—A. No, sir. 

FRANKLIN FORD, witness for contestee, first being duly sworn, testified as 
follows: 

Direct examination by Mr. Craig : 

Q. Mr. Ford what voting precinct do you live in?—A. Franklin. 

Q. M’hat position did you hold during the last election?—A. Registrar. 

Q. How long you been registrar in Franklin Township?—A. Between seven 
and eight years. 

Q. I hand you a list of names of persons who voted in Franklin Township 
last November and will ask you to read them over and state whether or not 
.they voted there to your knowledge.—A. Yes, sir; according to my books. 

Q. How did they vote?—A. I think they all voted the Republican ticket. 

Q. Dal they affiliate with the Republican Party?-—A. Yes. sir. 

Q. What is their reputed politics?—A. I think most of them are Republicans. 
As you say, I think the.v affiliated with the Republican Party. 

Q. They do not affiliate with the Democratic Party?—A. No, sir. 

Q. Then there was no other party for them to affiliate with, was there?—A. 
No, sir. 

Q. You may state whether or not each one of these men ,‘ire between the 
ages of 20 ami 50 years?—A. All except one, and I think he is between 45 and 50, 
He tins an arm off. 

Q. Who is that?—A. D. W. Meyers. I don’t know whether he is over 50 or 
not, but he has an arm off. I don’t know if he has been exempted or not. 

Q. You may call off your list of names of those voters who affiliated with the 
Republican Party and who voted Republican tickets at the last election in 
November, to the best of your knowledge?—A. S. C. Jones, C. L, Hipp, Ezra 
Miller, Flugene Miller, Early Miller, H. F. Zimmerman, Earl Powlas, D. W, 
Meyers, Tom Brinkle, and Charles INI. Hall. 

Q. Are there any more?—A. Not any more that I am positive of. 1 think the 
others voted a Republican ticket. 

Q. Are any of them soldiers?—A. Tom Brinkle and Charles Hall are soldiers; 
all the soldiers that I know of. 

Q. Mr. Hall testified here, a witness for the contestant, that a Mollie Powers 
voted in Franklin township. I wish you would explain this?—A. The registrars 
have a Mrs. INIollie I’owlas registered. No record of a Miss Powers on the 
registration books. 

Q. Did Mrs. INIollie Powlas vote?—A. Yes, sir. 

Q. Did Miss Mollie Powers vote?—A. No, sir. 

Q. Did Martha Kopiy vote?—A. No; according to my record. 

Q. Mr. Hall, witness for the contestant, testified that INIartha Keply was dead 
and voted a Democratic ticket. You may state whether or not anyone by the 
name of Martha Keply voted in your precinct?—A. That name is on the registra¬ 
tion books, but according to the records she did not vote. 

Q. It was not on the poll book?—A. No, sir. On the registration book, but 
she did not vote. 

Cross-examination by INIr. Adams : 

Q. You were the registrar out there?—A. Yes. sir. 

Q. Did you make a poll book of the voters as the people voted?—A. Kept a 
record of the people who voted that day, 

Q. And then transcribed it to the poll book?—A. And kept that record. 

Q. What did you keep it on?—A. Kept on the book that I made it out on. 

Q. You put the names down yourself?~A. These names I checked off as they 
voted. 


1034 


(CAMPBELL VS. DOUGIITON. 


Q. Yon made the poll book yourself?—A. No, sir; I took the rejjistration hook 
and as each one voted I put a chec*k mai'k out here to show that they voted and 
made a record. 

Q. Did you make a poll book out of it?—A. No, sir; used it as a record. 

Q. Did anyone make a poll hook of the people who voted out there that day ?— 
A. I don’t know. 

Q. All the poll book was not put on a book other than the registration book. 
Was there any other books kept besides the registration hook?—A. No, sir; not 
officially, as I know of. 

Q. As to these names you are testifying to, I believe you stated that you did 
not know positively whether or not they were Republicans?—A. I meant by 
that that I did not see every ticket put in. I was under the general impression 
that they were Republicans. I did not see the tickets put into the box. 

Q. As to C. L. Hipp, is he a Republican?—A. I think he is. 

Q. You are not positive of that, are you?—A. Well, he has not been living out 
there very long. 

Q. About W. F. Cranfield, are you positive as to his politics?—A. I am not 
positive—I did not call his name. 

Q. How about H. F. Zimmerman?—A. I am pretty sure he voted Republican 
ticket this year. 

Q. As a matter of fact, you will not swear that they all voted a Republican, 
ticket?—A. No, sir. I won’t swear that everyone on this list voted Republican 
ticket. 

Q. Didn’t you state that some of these persons have not been living there 
long?—^A. You asked about Mr. Hipp—he has not been living there only about 
a year. 

Q. Any more of them that have not been living there very long or have 
moved in there since May 1, 1919?—A. No, sir; I think all have been living 
there since May 1, 1919. 

C. E. FESPERMAN, witness for contestee, first being duly sworn, testified’ 
as follows: 

Direct examination by Mr. Woodson : 

Q. Where do you live, Mr. Fesperman?—^A. Spencer. 

Q. And what voting precinct is that?—A. East Spencer precinct. 

Q. What position did you occupy in the last general election?—A. Registrar. 

Q. For what precinct?—A. East Spencer precinct. 

Q. Mr. Fesperman, I hand you a list of names which you will please read.— 
A. W. A. Reading, Louie Slade, Ed. S. Holt, L. E. Clement, H. S. Grubb, Prior 
Holderby, Chall Wise, Charlie Hargrave, R. A. Bethel, .Tames A. Snider, B. B. 
Moore, J. C. Crook, Calvin Smith, Tom Biggers, .Tohn Kerr. 

Q. What are the ages of these men?—A. According to the age they gave In,, 
one was 22, the others registered from 28 to 48, according to the registration 
book. 

Q. Did these persons vote in the last election?—A. They did. 

Q. What party are they affiliated with?—A. Republican Party. 

Q. How did they vote, according to your best knowledge and belief?—A. Ac¬ 
cording to my knowledge, they voted Republican. I did not see them put in 
the ticket—some said they voted the Republican ticket. 

Q. Did you see some of them?—A. No, sir; I looked after the books. 

Q. Have you checked that list with the sheriff’s tax books?—A. Mr. Manly 
and Mr. Rankin checked while I looked over the books. 

Q. Did they pay tax on or before the 1st day of Mav, 1920, for the vear 
1919?—A. No, sir. 

Q. That list was made from the sheriff’s books?—A. Y'es, sir. 

Cross-examination by Mr. Adams : 

Q. Did you call the name of Prior Holderby?—A. Yes, sir. 

Q. You spoke about examining the list to see whether they paid poll tax— 
you just examined the list as to Spencer and not as to the whole county?—A. 
I had Mr. Manly and Deputy Sheriff Rankin check it over a while ago, Sheriff 
Ivrider did not have time, and we checked just as to East Spencer—East Spen¬ 
cer is in Salisbury Township. 

Q. You did not check as to the other part of the county?—A. N.o, sir. 

Q. This precinct where the people voted is in town?—A. Yes, sir. 

Q. Near the railroad shop there?—A. Yes, sir. 



CAMPBELL VS. DOUGHTON. 


1035 


Q. Rather a floating element there—the people move in and out all the 
time?—A. Yes, sir. 

Q. You state that some of these people registered as 2^?—A. One, I said; 
that is Prior Holderby. 

Q. Was he registered /before?—A. Registered at the last election and regis¬ 
tered as 22. 

Q. How long has AV. A. Reading lived out there?—^A. I don’t know, sir. 

Q. He registered for the first time?—^A. Yes, sir; he registered there this 
time. 

Q. He has not been living there as much as two years?—A. I can’t say; I 
have not known him very long. 

Q. To the best of yo-ur knowledge he was not living there on the 1st of May, 
1919?—A. I could not say; I don’t know. 

Redirect examination by Mr. Woodson : 

• Q. Is East Spencer in Salisbury Township?—A. Yes, sir. 

(At this point the hearing adjourned until 11 o’clock Friday morn'ng, April 

15.) 

April 15, 1921. 

Pursuant to adjournment, the hearings were reconvened at 11 o’clock Friday 
morning, April 15. 

Present on behalf of contestant: J. M. Waggoner and Alonroe Adams, at¬ 
torneys. 

Present on behalf of contestee; Hon. R. L. Doughton, in person; Walter H. 
Woodson, attorney; P. S. Carlton, attorney; Kerr Craig, attorney. 

J. D. SHOE, witness for contestee, first being duly sworn, testified as follows: 

Direct examination by Mr. Craig: 

Q. Where do you live, i\Ir. Shoe?—A. I live at Rockwell. 

CJ. How long have you lived there, Mr. Shoe?—A. About 12 years. 

Q. AVhat position did you hold with the election of last November?—A. Reg¬ 
istrar. 

Q. Did Richard P. Miller vote last November?—A. Yes, sir. 

Q. What ticket did he vote?—^A. Republican. 

Q. Did he vote for Dr. Campbell?—A. Yes, sir. 

Q. Is he a resident of Rockwell?—A. No, sir. 

Q. Did he have a right to vote there?—A. He moved to Cabarrus the latter 
part of .Tune, and came back and said he was not going to vote there, and 
claimed that he was entitled to vote here, and said they would not let him vote 
down yonder. 

Where was he living at that time?—A. At Cross Roads in Cabarrus—6 
miles this side of Mount Pleasant. 

Q. Is that in your voting precinct?—A. No, sir. 

Q. Did Mr. F. Harrington vote in your precinct?—A. Yes, sir. 

Q. AVhat did he vote?—A. Republican. 

(y. Did he vote for Dr. Campbell for Congress?—A I don’t know. He voted 
the Republican ticket; I don’t know if he sci-atched any or not. 

Q. Was he a resident of your precinct at that time?—A. Yes, sir. 

(}. How long liad he been there?—A. He came there the latter part of August 
or the 1st of September. 

Q. How long had he been living in your precinct before November 2?—A. Not 
more than four or five months. 

Q. Do you know where he came from?—A. He lived at Albemarle, and his 
wife d e(I the 6th or 7th of July, and he brought his children down to his 
brother’s in P>arnhardt precinct. He left his children at his brother’s. Dock 
Harrington, and worked at some little cotton mill about two or three months. 

Q. Was that outside of the county?—A. Yes, sir; I don’t remember the place. 

Q. Albemarle is not in Rowan County, is it?—A. No, sir. 

Q Pie had not been a resident in Rowan for s'X months, had he?—A. No, sir. 

Q. Did Theo. S. Poole, Harrison C. Threll, and C. R. Pless vote at your pre¬ 
cinct last November?—A. Yes, sir. 

Q. What ticket did they vote?—A. Voted the Republican ticket. Mr. Pless 
split h's ticket; don’t know what jiart he voted. 

Q. Affiliates with the Republican Party?—A. Yes, sir. 

Q. All the rest of them affiliate with the Republican Party?—A. Yes, sir; 
all the rest voted straight tickets. 


1036 


CAMPBELL VS. DOUGHTON. 


Q. Including Dr. Campbell for Congress?—A. Yes, sir. 

Q. About how old are these men?—A. They are between 26 and 46 years; 
somewhere along there. 

Q. Did you examine the sheriff’s tax books?—A. Him and I together did. 

Q. State whether or not either of these gentlemen paid their 1919 poll tax 
on or before the 1st day of May, 1920?—A. They did not. 

Q. Did N. D. Wagoner, laither A. Lylery, Lester L. Brown, C. AValter Peeler, 
Boyden Ij. Holthouse, and Arthur L. Binehart vote at your precinct at the 
election last November?—A. Yes, sir. 

Q. Wliat ticket did they vote?—A. Republican tickets. 

Q. Each one of them voted Republican tickets?—A. Yes, .sir. 

Q. They voted for Dr. Campbell for Congress?—A. I think so; not much 
scratching done. 

Q. Y'ou say they affiliated with the Republican Party?—A. Yes, sir. 

Q. State wliether or not they were soldiers?—A. All soldiers. 

(h How old were these men?—A. Well, they were all young—soldier age— 
22 to 26, I imagine. 

Q. They were residents of your precinct?—A. l^es, sir. 

Q. Did you examine the sheriff’s tax books to see whether or not they paid 
poll tax on or before the 1st day of IMay, 1920?—A. Yes, sir. 

Q. Had they paid it?—A. No, sir. 

Q. Had any of them paid it?—A. No, sir. 

Cross-examination by IMr. Waggoner ; 

Q. Mr. Shoe, you say this man Richard P. IMiller was not entitled to vote in 
your precinct?—A. He was not a resident; he lived in Cabarrus County. 

Q. How long had he lived there?—A. His house burned down about the middle 
of iMay and he moved down there about the 1st of June. 

Q. Did he live at Rockwell ?^—A. l^s, sir. 

Q. And when his house burned down he moved to Cabarrus?—A. Yes, sir. 

Q. Did you say that he had not paid his poll tax?—A. I did not testify as 
to that. 

Q. M. P. Harrington, I believe, you stated formerly lived at Albemarle?—A. 
Yes, sir. 

Q. What time did he move to Rowan?—A. I said his wife died about the 
6th or 7th of .Tidy and he»moved up to his brother’s. Dock Harrington, and 
left his children there and he went over to a little cotton mill for about five or 
six weeks. 

Q. I ask you if you don’t know that his wife died the 1st of June?—A. No, 
sir; he told me himself that it was the 6th or 7th of July. 

Q. Where was his family up to that time?—A. In Albemarle. 

Q. When he came up to Rockwell who did he live with there?—A. He stayed 
in the store at night by himself. His children were at his brothers. His 
brother was running a little store and he stayed there at night—^^still, he would 
go over on Saturday nights occasionally. 

Q. Where did his brother live; in Rockwell?—A. He lived at Earnhardts iMill 
precinct. 

Q. In this county?—A. Yes, sir. 

(}. That was where his children were?—A. Yes, sir. 

Q. Now, Mr. Shoe, as to Theo S. Pool, did you say he voted the Republican 
ticket?—A. Y^es, sir. 

Q. Do you know if he voted for Mr. Doughton?—A. No, sir; I don’t think 
so; I don’t think there was much scratching done. 

Q. You don’t know, though?—A. No, sir. 

Q. Did you testify as to his poll tax?—A. Yes; he has not paid poll. 

Q. How old is he; do you know?—A. Not over 40, I would not think. 

Q. You know he formerly lived in Providence Township?—A. Yes, sir. 

Q. That is in this county?—A. Yes, sir. 

Q. You don’t know whether he paid poll tax in Providence Township or 
not?—A. No, sir. 

Q. You would not say that he was disqualified to vote?—A. He has not paid 
at Gold Hill. 

Q. Now, as to Harris C. Threll?—A. He was a cotton-mill man. He voted 
two years ago. He went to Coolomee to the mills. 

Q. He is a married man?—A. Yes, sir. 



(’AMPBELL VS. DOUGHTOX. 


1037 


Q. Did he take his wife with him?—A. Yes, sir. 

Q. Where did he go from Coolomee?—A. He came back to Rockwell. 

Q. He has been there since when?—A. Some time in the snraig—he has 
been there six months—he is a qualified voter. 

Q. Yon do not know if he has paid his poll tax or not?—A. No; it was not 
paid in Gold Hill. He Mms there two years ago and voted. 

Q. You would not swear he is not legally qualified to vote?—A. As to his 
poll tax—I don’t know. Pie has not paid in Gold Hill. 

Q. You don’t know if he has paid in any other county?—A. No, sir. 

Q. Now, C. R. Pless he voted a split ticket?—A. Yes. sir; he told me he did. 

Q. You don’t know that Mr. Pless and Mr. Houghton are bosom friends*?— 
A. No, sir. 

Q. You don’t know whether he voted for Dr. Campbell or Mr. Doughton*?— 
A. No, sir. 

Q. These other men you have testified to, you would not sav that they did 
not vote for Mr. Dough ton?—A. I would not. Nearly all Nmted straight 
tickets—very little scratching done. 

Q. What Wagoner was this?—A. N. D. 

Q. He was a soldier, I believe you said?—A. Yes. sir. 

Q. As to these gentlemen that you testified to as lafing soldiers, do you know 
whether or not they paid their poll tax in Rowan County?—A. The books don’t 
show it. 

Q. In Rowan County?—A. In Gold Hill Township. 

Q. Y"ou do not attempt to say that they have not pa;'d i)i any other part of 
the county?—A. They were raised in Gold Hill Township and living there all 
the time. 

Q. Do you know when N. D. Wagoner was discharged from the Army?— 
A. I do not. 

Q. lh)u don’t know if he had been discharged on or before the 1st day of 
May, 1919. or not?—A. They went to France and got an honorable discharge, 
I guess. 

Q. Do you know anything about these pictures that you had? Did you re¬ 
ceive some pictures from Raleigh with Mr. Harding in the center and a lot 
of Negroes around him*?—A. A letter came to me witli one in it. 

Q. What were your instructions?—A. I carried it over to IMr. Fes])erman’s 
store before I opened it, and when I got over there I opened it and looked at 
it, and he said “ If you don’t want that, give it to me,” and I let him have it. 

Q. Didn’t some one come to your place and get one after that?—-A. No. I 
only had one. 

Q. Do you know who sent that one?—A. No, sir. 

Q. It did come from Raleigh?—A. I don’t know. 

Q. Where was it postmarked?—A. I did not notice. Mr. Fesperraan said, 
“ If you don’t want it, I want it,” and I said, “ You can have it.” 

Redirect examination by Mr. Craige: 

Q. Did you get any instructions from any election officials about that pic¬ 
ture?—^A. No, sir. 

Q. That picture was just a picture of Senator Harding and certain other 
Republican candidates in Ohio?—A. Yes, sir. 

Q. There was nothing immoral about the picture?—A. No, sir. They were 
all nice looking. Some of them were colored. 

Q. What is the politics of Mr. Fesperman?—A. Republican. 

Q. And he asked you for this picture?—A, Yes, sir. I gave it to him. Did 
not make any to do about it—just.looked at it and gave it to him. 

Q. Were these pictures distributed and circulated by the Democrats?—A. I 
did not hear anything about it if they were. 

Q. Did Cal Miller tell you that R. W. Lentz, the Republican judge at Rockwell, 
showed a picture to him like it? 

A. Yes; Cal told me that Walter Lentz said he had something to show me, 
and that he showed it to him. 

Q. Is R. W. Lentz a Republican?—A. He was the Republican judge. 

Q. The judge had a picture and wanted to show it to a Democrat?—A. Yes, 
sir. 

Recross-examination by Mr. Waggoner: 

Q. You did not see him show it?—A. No, sir. 


1038 


CAMPBELL VS. DOUGHTON. 


W. H. CANUP, witness for coiitestee, tirst being duly sworn, testified as 
follows: 

Ifirect examination by Mr. Craig : 

Q. Mr. Canup where do you live?—A. I live in Litaker Township, Rowan 
County. , 

(}. How long have you been living in Rowan County?—A. All my life. 

Q. Do you mind telling us your age?—A. Forty-five. 

Q. In what precinct do you live?—A. Heilig’s Mill. 

Q. What position did you hold in the election of November 2d in that pre¬ 
cinct?—A. Registrar. 

Q. Mr. Canup did T. R. Lingle, Mrs. T. R. Lingle, B. M. Eagle, and Mrs. 
B. M. Eagle, and John L. Peeler vote at your precinct on November 2, last 
year?—A. Yes, sir. 

Q. What ticket did they vote?—A. Republican. 

Q. Did they have a right to vote in that precinct?—A. Tliey were nonresidents 
and did not. 

Q. They did not live there?—A. No, sir. 

Q. Do you know where tfiey are supposed to live?—A. Nothing more than 
they told'me. They told me that they lived at Kannapolis. Part of them did 
live in Cabarrus. Said they lived at Kannapolis. 

Q. Did they vote at Kannapolis do you know? —^A. I don't know. ‘ 

Q. You have not brought up the Kannapolis books here to-day?—A. I have 
never made any search on them. 

Q. Mr. Canup did W. T. Goodman, E. B. Goodman, R. L. Goodman vote at 
your precinct last November?—A. They did. 

Q. What ticket did they vote?—A. Republican. 

Q. Plow old are they?—A. They are all young men. All in service. 

Q.. Were they soldiers?—A. Yes, sir. 

Q. About how do these three men’s ages run?—A. They run from about 2.5 
to 28, something like that. 

Q. Have you examined the sheriff’s tax book to ascertain whether or not 
they have paid their poll tax for 1919 on or before the 1st day of May, 1920?— 
A. I did. They did not pay. 

Q. The last three names I called liave been residents of your township?— 
A. Yes, sir. 

Q. And your township books is the proper place for them to list their taxes?— 
A. Yes, sir. 

Q. I hand you a list here of certain otlier Republican voters at your precinct 
who voted last fall and will ask you to read them over and call out the names 
so the stenographer can get them?—A. M. E. Goodman, Charles Yost, E. N. 
Misenheimer, S. A. Fink, B. L. Peeler, B. L. Ward, John C. Gantt. W. M. Rogers, 
W. C. Gantt, H. L. Gantt, Charles M. Jones, J. L. Peeler, Walter W. Artz, and 
John W. Bost. 

Q. What ticket did these men vote whose names you have just called?— 

A. Republican. 

Q. Are they residents of your township?—A. Yes, sir. 

Q. How old are they Mr. Canup?—A. Their ages run from 24 to 40. 

Q. Have you examined the tax books to ascertain whether they paid their 
poll tax or not?—A. I did. 

Q. Did any of them pay their poll tax for 1919 on or before the 1st day of 
May, 1920?—A. The books do not show that they d'd. P^or the record—they did 
not. 

Cross-examinafon by Mr. Adams: 

Q. Mr. Canup, did you say T. R. Lingle and Mrs. Lingle, B. M. Eagle and Mrs. 

B. IM. Eagle, and John T^. l»eeler are nonresidents down there?—A. They were 
prior to election ; they are residents now. 

Q. Did they register before you, IMr. Canup?—A. Yes, sir; part of them did. 

Q. Wlrch ones registered-before you?—A. IVIrs. T. R. Lingle, Mr. Eagle, and 
his wife. 

Q. They registered before you for the 1920 election?—A. Yes, sir. 

Q. Did you administer oaths to them qualifying them as voters?—A. Y"es, sir. 

Q. Did they take the oath that they were i-es'dents of that prec net?—A. Yes, 
sir. 

Q. You admiir'stered oaths to everyone you registered?—A. I did. 














CAMPBELL VS. DOUGHTON. 


1039 


?? tlu'se persons lived in your preeinct prior to this time and 
Th^elamesnames were on the registration book?—A. 

vnu'rinn’f^, testified to concerning poll-tax payment, 

jon don t ma.ve oath that they have not paid poll tax in Rowan County—you 

^ entire records of Rowan County, hut just examined the 
pr cinct oi UnMiship where you live?—A. I examined the record of tlie clerk 
of the court, the one filed with liim by the sheriff. 

Q. That is the certifieil list made out by the sheriff to him?—A. Yes sir. 

Q. You have not examined the sheriffs records—his tax books ?-i-A. No, sir. 

C. And you have not examined any tax records of any other precinct in the 
county ?—A. No, sir. 

Q. As to the name of R. L. Ward, is that correct, or is it R. L. Ward? Are yon 
positive as to that? Do you know Mr. Ward?—A. There are two of them I 
think. B. L. Ward is correct. 

Q. Do you know there is a B. L. AVard?—A. Yes, sir. 

Q. As to J. L. Peeler is J. L. Peeler and John L. Peeler the same person?—A 
No. 


Q. There are two Peelers?—A. Yes, sir; and a number of them. 

Q. Do both Peelers appear as having not paid his pool tax?—A. J. L. Peeler 
has not paid poll tax. 

Q. How many lists did you call there—how many voters voted for the first 
time in the 1920 election?—A. I don’t believe any except Walter AV. Artz. 

Q. ^\ hat did you say his age was?—A. Twenty-four. 


H. p]. GOODMAN, a witness for contestee, first being duly sworn, testified as 
follows: 

Direct examination by Mr. Woodson: 

Q. '\\ here do you live, Mr. Goodman?—A. China Grove Township, Landis pre- 
'Cinct. 

Q. What position did .vou occupy in the last general election*?—A. Registrar. 

Q. I liand you a list of names, Mr. Goodman, will you please read?—A. J. L. 
Bradshaw, C. M. Cook, Grover Cook, PI. D. Childers, A. H. Falls, I^ee Fox, 
Chester A. Goodman, Ralph I*. Hansel, W. F. Kizer, W. 1^. LeFevers, AVilborn 
Long, J. P\ Ledbetter, James H. Milam, James L. Moore, V. E. Overcash, A. A. 
Sherrill, B. B. Shankle, W. L. Seckler, W. A. Slough, C. T. Slough, Avner C. 
'Thomas, Raymond Thornburgh, T. P^. Thompson, F. H. Wright, J. I. Williams, 
Archie Roseman, J. S. Brady, Tom Doby, J. Bostian, Worth Roach, John Rine¬ 
hart. 

Q. What is the range of ages of these men?—A. Twenty-two to 49 years old. 

Q. AVithin these ages?—A. Yes, sir. 

Q. Mr. Goodman, did they vote in the last general election?—A. Yes, sir. 

Q. At I^andis?—A. Yes, sir. 

Q. What part.y do these men affiliate with?—A. Republican. 

Q. What, ticket did they vote?—A. Best of my knowledge they voted for Dr. 
Campbell for Congress. 

Q. And the whole Republican ticket?—A. Yes, sir; as far as I know. 

Q. Have you checked this list of names which you have just called—this 
Republican list of names—with the certified list filed with the clerk of the 
court?—A. I have, 

Q. Did they pay their 1919 poll tax on or before the 1st day of May, 1920, 
according to the certified list of the sheriff filed with the clerk of the superior 
court of Rowan County?—A. No information that they did. 

Q. Did these names appear on that list?—A. No, sir, 

Q. Not a one of these you have just read?—A. Not a one as having paid poll 
tax for 1919. 

Q. Mr. Goodman, I hand you another list. Read these two names.—A. C. E. 
Collins and J. W. Readling. 

Q Did they vote in the last, general election at Landis precinct?—A. Yes, sir. 

Q. Were they registered and dul.v qualified voters?—A. Apparently not. 

Q. You say apparently not?—A. They were not. 

Q. They are not on your registration books?—A. No, sir. 

Q. What ticket did they vote, to the best of your knowledge and belief?—A, 
Republican. 

Q. For Dr. Campbell?—A. Yes, sir. 


1040 


CAMPBELL VS. DOUGHTON. 


Q. I hand you another list. Will you please read? A. R. B. Childers, Mrs„ 
K B. Childers, S. J. Curlee, M. S. Caskey, Robert Fish, G. M. Fox, Claude 
Merritt, G. B. Price, J. W. Parton, Pink Petliel, Mrs. Berte Pethel, J. W., 
Iteadling, and S. O. Whitman, 

Q. Did this list of names vote in Landis precinct in the last general elec¬ 
tion?—A. Yes, sir. 

Q. What ticket did they vote, to your best knowledge pd belief?—A. Gen¬ 
erally Republican ticket and for Dr. Campbell; whole ticket, the best I re¬ 
member. 

Q. Were they residents of Landis precinct?—A. No, sir; as far as I know 
they were not. 

Q. Were they legal residents at Landis precinct at the last election of 
1920?—A, Best of my knowledge they were not. 

Q. I hand you another list. Please read.—A. R. W, Sherrill, C. F, Matheson». 
W, P. Corriher, and R. G. Ritchie. 

Q Did those persons vote in the last general election of 1920?—A. Yes, sir. 

Q. What ticket did they vote, to the best of your knowledge?—A. Republican 
ticket, as well as I know. 

Q. For Dr. Campbell, the Republican candidate for Congress, included?— 
A. Yes, sir. 

Q. Mr. Goodman, are all these people of poll-tax age?—A. Yes, sir. 

(}. Did you check their names with the sheriff’s certified list now on file 
with the cierk of the court of Rowan County?—A. Yes, sir. 

Q. Had they paid their 1919 poll tax on or before Alay 1, 1920?—A. No record 
to shoAv that they had. 

Q. Did their names appear with those who had paid their 1919 tax?—A. No^ 
sir. 

Q. Were these men in the Army?—A. Yes, sir; they were in the Army. 

Cross-examination by Mr. Waggonek : 

Q. This list of names here that you first gave, do you say that these people 
were not entitled to vote?—A. According to the fact that they had not paid 
tiled- ])olls up to the 1st day of May, 1920. 

Q. Well, why did you let them vote?—A. The judges were on hand to pasiy 
on them and I checked them. 

Q. You had a Democratic judge and a Republican judge?—A. Yes, sir. 

They made no kick about it, did they?—A. There was an argument about 
not challenging and there would be no kick. 

Q. Dr. Campbell was a party to this argument?—A. I don’t know about Dr. 
Campbell’s part. The judges agreed at the box that if there were no challenges 
offered there would be none offered on either side. 

Q. Do you mean to say that these people whose names you challenged are 
not entitled to vote?—A, According to the fact that they had not paid their poll 
tax, 

Q. IMr. Goodman, do you swear that they have not paid their poll tax for 
1919 on or before the 1st day of May, 1920?—A. I have looked on the certified 
list of the sheriff, made before the clerk of the court under oath, and it does 
not show that they have paid in China Grove. 

Q. It does not show that they paid hi that precinct or the entire county?— 
A. I looked at the list for China Grove Township. 

Q. IMr. Goodman, you don't mean to say that you looked at the entire list 
for 111! ]irecincts of Rowan County?—A. No, sir; I did not. I was looking for 
people in Cldna Grove Precinct. 

Q. That is what you are test Tying to here?-—A Yes. 

Q. And you do not undertake to say that they did not pay their 1919 poll 
tax in some other precinct of the county or in some other county?—A. They 
would have gotten credit for it. 

Q. You would not swear they have not?— A. No; I would not. 

(). You only know, Mr Goodman, that their names do not appear on the 
China Grove precinct as having paid their polls?—^A. It does not appear. 

Q. Do you know the ages of these people?—A. I know the ages as given by 
themselves on the registration book. 

Q. Were they all over 21 years of age on May 1, 1919, accoi-ding to the ages 
they gave you when they registered?—A. Yes, sir; according to the ages they 
gave me. 

Q. Did any of these people register before you, giving their age as 22" when- 
they registered?—A. Registered as 22; yes, sir. 




CAMPBELL VS. DOUGHTON. 


1041 


Q, Do you know on what day tliat was?—A. I can’t recollect without the 
reji.stration hook. 

Q. lie could have rejj stered, say in October, and become 22 in September, 
couldn’t he. Mr. (ioodman. and then lie would not have been 21 on May 1, 
1919?—A. No; I d(n’t think he could have done that. 

(>. If a man becomes 21 on the Ifith day of May, 1919, when will he be¬ 
come 22?—A. 15th of May, 1920, of course. 

Q. So he would he 22 on the 15th day of Ma.V, 1920. aifd could have rejtis- 
tered in Oc tober, 1920, ami ftave his ajte as 22 and would not he liable for poll 
tax for 1919’.''-—A. All iv^istered on the hooks from the 1st day of May. 

Q. These men who ftave their ages as 22 when regis ering could not have 
been 21 on May 1, 1919?—A. Yes; I suppose they could. 

i}. Yon won’t swear that all these people were 21 when they registered, and 
yon won’t swear that all these people whose names yon have just read were 
liable for 1919 poll tax?—A. Well, 1 could not swear to that. They gave their 
ages as 22. I do not tiiid it necessary, according to the construction of the law. 

Q. Will ycm swear that they were liable for poll tax for 1919; say yes or 
no.—A. To the best of my knowledge they were liable to i)ay poll tax. I have 
no way to kno^^' whether they were or not. 

(). Mr. (loodman, do you know C. P. Slough?—A. Y>s, sir. 

Q. How long has he been there?—A. I don’t know exactly the length of 
time He has lived there a couple of years, more or less—I don’t know exactly. 
He happens to be a second consm of mine. I know him. but don’t keep trail 
of his residence. He moves from one place to another, and living in town as he 
does it is hard to keep up w.th him. 

Q. I hand yon a tax receipt. For what year does that receipt show that 
:\Ir. (’. P. Slough has paid his poll tax?—A. Tax for year 1919, but it does not 
seem to have any date of payment on it here. 

g. Look at that, IMr. Goodman, and see what does that read there?—A. .Jan¬ 
uary 17—I take it for 1920; that is the best I can see it. 

CJ. What township does this receipt .sliow that his tax was pa d for?—A. 
Scotch Irish. 

Q. Mr. Goodman, does this receipt show that he paid Ids poll tax in Scotch 
Irish Township’/—A. It seems to do so. 

Q. It is stamped as being pa d by the sheriff’s stamp?—A. I’es, sir. 

Q. iMi‘- Goodman, yon testified as to Lee P’ox?—A. Yes, sir. 
cj. I hand yon a tax rece pt; will yon just state what county that receipt is 
—A. Newton Township, Catawba County. 

Q. What year does that receipt show taxes for?—A. 1919. 

C). Does it show that he paid his poll tax?—A. Yes. 

Q. What date did he pay his poll tax?—A. The stamp shows February 28, 
1929. 

Q. So he would be legally (lualified to vote as far as poll tax is concerned?— 
A. Yes; I guess so, provided it is the same man. 

Q :^Ir. G<M)dman, North Kannapolis is in your precinct?—A. Yes, sir. 

Q. Mr. Goodman, that is practically a new town?—A. Well, yes; it has 
been built within three or four years. 

Q. It is right on the line?—A. Yes, sir. 

Between Kowan and Catawba?—A. Y"es, sir. 

Q. Do you know these people that you say have been nonresidents—do you 
know them personally’?—A. As voters I do not know them. I have met the 
])eople in the capa<‘ity of lousiness. Some I know personally and some I do not 

kno\v. . ^ 

D. Mr. Goodimin, Kannapolis is a cotton mill town?—A. Yes, sir. 

Q. The people in North Kannaiiolis work in the mill?—A. Some do and some 

do not. . ^ .Li • • 1 -p 

(>. How many houses has the (’annon Manufacturing Co. got on this side of 

the line?_A. I'don’t know; the company is building all the time. Built a good 

manv that were ot there last year, and still building. 

g.' Does not most of the North Kannapolis people—the voters—come there 

since Mav 1. 1919’?—A. I don’t know. 

g. Would you undertake to swear that all these people lived there and have 

lived there since May 1, 1919’?—A. No; I do not. . n , ^ 

O. Mv. Goodman, it is a kind of floating population coming there for woik?— 
A. A good many (►f them own their homes in North Kannapolis, and a good 

many that do not. 

57G95—21 


G6 



1042 


CAMPBELL VS. DOUGHTON. 


Redirect examination by IMr. Woodson : 

Q. You were asked about Lee Fox’s tax receipt; it was given him in Newton, 
N. (k Do you know if that is the same Lee Fox?—A. I do not. 

Q. If he was living in Newton he was not entitled to vote in Landis Town¬ 
ship, was he?—A. No, sir. 

(}. C. 1’. Slough—tax rece pt from Scotch Irish Township, Rowan County; 
do you know if he is the same C. R. Slough as on your list?—A. I don’t know. 
He had been mov.wg about and I do not know that it is the same person ; he has 
been moving about and 1 have liot kept trail ot him. 

Recross examination by ]Mr. Waggonku : 

Q. Is it C. T. or C. I‘. Slough?—A. It is C. T. Slough ; the name I read. 

Q. Is there another C. T. Slough down there?—A. Not to my knowledge. 

Redirect examination by Mr. Woodson : 

Q. The tax receipt shown you by Mr. Waggoner is not the name you called?— 
A. Looks like—very much like—C. P. to me; it might i)Ossibly be C. T. It 
looks more like a P than a T, though. It might possibly be either one. Looks 
more like a Ik 

Recross examination by IMr. Waggoner : 

Q. Did your cousin live in Scotch Irish Township?—A. I do not know. 

You don’t know whether he lived there on May 1, 1919?—A. No, sir; I 
do not. 

Did you swear every man you registered?—A. Yes, sir. 

Q. Did you swear the women?—A. Yes, sir. 

Q. Did jmu swear Mr. Slough?—A. I suppose so—it was my custom to do so. 

(2. Would you say you swore this particular man’?—A. To the best of my 
knowledge and bel.ef I did. I registered something over' 401) people and it is 
my custom. 

Q. How did he register before you?—A. His name is C. T. 

D. Did C. P. Slough register there?—A. Not that I remember. 

GEORGE R. IMARTIN, witness for contestee, first being duly sworn, testified 
as follows: 

Direct examination by Mr. Carlton : 

Q. Mr. Martin, you were judge of election in the north ward precinct in the 
general election of 1920?—A. Yes, sir; one of them ; Mr. Sowers and myself. 

Q. You were the Democratic judge and Mr. C. G. Sowers was the Republican 
judge?—A. Yes, sir. 

Q. Were you present in the north ward precinct on the day of election during 
the entire time the ballots were being opened?—A. I think I was out about 10 
minutes to get a little lunch. 

(}. You were there the entire time, with the exception of 10 minutes while 
you were out at lunch?—A. Yes, sir. 

Q. Who was the registrar in that precinct?—A. jMr. M. A. Shenk. 

(}. He was there throughout the day?—A. Yes, sir. 

Q. Was Mr. Sowers there?—A. Yes, sir; he probably taken 10 minutes off. 

Q. Did you have any persons in the north ward besides the registrar and the 
two judges?—A. There was some one come in to help count that night and 
some one there when we opened the absentee votes. 

Q. Do you know who they were?—A. No, sir; Mr. Sowers and myself were 
pretty close together—pretty heavy vote and something new to us—I believe it 
was Mr. Price. 

(j. Were there any absentee votes cast in the north ward?—A. Yes, sir; quite 
a number of tbem. 

t}. Do you know about how many?—A. I think about 75 or 80—a good many 
of them. 

Q. You did not count them, I suppose?—A. No, sir; I did not. IMr. Sowers 
handed them to me and I put them in, and when they got to voting on the 
outside pretty heavy we would hold up until we got a little spell so we could 
get them in. 

Q. I)id you handle all the absentee votes that were voted in the north ward 
precinct?—A. No; IMr. Sowers put some in himself when a big rush was on, but 
generally handed them to me. 

Q. Mr. Sowers would open them?—A. No; some one behind him would open 
the votes. I don’t think Mr. Sowers opened them; he saw them opened and 
handed them to me. 1 think it was Mr. Gus Price. 


CAMPBELL VS. DOUGHTON. 1043 

Q. Is he a Republican?—A. Yes, sir. He came in to rest Mr. Sowers, and 
some one came in to rest me. It was pretty tiresome. 

(i. IMr. (Jus I*rice and the .ludsc, Ur. Sowers, are Republicans?—A. Yes, sir. 
I think there was some Democrat in there; I don’t remember; it might have 
been M alter Mur])hy or INIr. Smoot; I don’t remember—I tell you, I think now it 
was Gus Price and Attorney Swicegood. 

Q. Ihe Republican judge and his Republican attendants had opi)ortunity to 
see and look at all absentee votes before they were cast?—A. Yes, sir; they 
opened them. 

Q- Do you remember seeing Mr. Walter Murphy?—A. I don’t remember 
him ; I am not sure about that. 

Q. M as there anything about these absentee votes that attracted your special 
attention?—A. Yes, sir. 

Q. State what that was and how soon after you had begun to vote the 
absentee votes that you discovered it?—A. Well, we had been counting some 
little time; I discovered that they did not have congressional tickets at all. 
We had been counting some little time—I don’t know how long after we com¬ 
menced to open them—and I turned around and made the remark to everyone 
in there, Where are the congressional tickets? None coming in here.” 

(y After you made this discovery did you continue to notice the absence of 
the congressional vote until you had completed your absentee votes?—A. Yes, sir. 

Q. Did you call attention to this fact?—A. Yes. Everyone in the room heard 
me; and some of them mentioned it, hut I don’t remember what they said. 

Q. You do know that a great many of these absentee votes did not have 
ballots in there for Mr. Doughton?—A. I doubt if he had a dozen in there. 

Q. You say there were probably 75Or 80 absentee votes cast?—A. Yes, sir; 
I think so. 

Q. Do you give it as your best judgment that not over 10 or 12 of these 
absentee votes had ballots in there for Mr. Doughton? 

(The contestant through ins attorney ol)jects to the witness testifying as to 
his judgment and opinion as to matters.) 

A. I don’t think so. I don’t think there were more than that. I don’t know 
what happened up to the time I discovered it. I don’t think we put in any 
at all up to that time. 

Q. What time did you begin voting the absentee votes?—A. It strikes me 
that is was about 3 o’clock. 

Q. Were you present the entire time the absentee votes were being cast?— 
A. Yes, sir; I know I was. I knew it was going to keep us very busy. 

Q. State how many of the absentee votes had congressional tickets in them 
either for INIr. Doughton or for Dr. Gamphell?—A. Did not seem to have but 
a very few for anyone. 

Q. Were there any Republican absentee votes cast in the north ward?—A. I 
think so—I don’t think there was very many. I think there was some. 

Q. Did anyone discover in the Republican absentee votes that the congres¬ 
sional vote was absent?—A. If there was I don’t know it; nothing said about it. 

(). You did not notice anything of that kind?—A. No, sir. 

Q. You were there when they counted the votes that night and they made 
out the tinal return?—A. Yes, sir. 

Q. Do you remember that in the north ward Dr. Campbell the Republican 
candidate for Congress led the Republican ticket from 46 to 47 votes’/—A. He 
led I think about that number. I did not make any record. He led the ticket. 

(J. Do you remember that Mr. Doughton fell behind the Democratic ticket’?— 
A. Yes sir. 

(}. Fifty or sixty votes?—A. Something like that. 

Q. From your examination of the ballots that were cast and from the count 
you made after the ballots were cast how do you account for the fact that Dr. 
Campbell lead his ticket from 40 to 50 votes and INIr. Doughton fell behind his 
ticket 40 oi- 50 or more’.-'—A. I don’t know how to account for it really. 

(j. That was a fact’?—A. Yes. sir; that was about the number. 

(). Did you notice any of the voters who vot('(l in i)erson and who voted the 
Democi-atic ticket leave out their congressional ticket?—A. Well, I don’t know 
that I did; pi-ohahly so, but not enough to c;ill my attention to it. Not in¬ 
tentionally, I don’t think; no oiie mentioned it. Sometimes they do some¬ 
thing like that though. I just wanted to say that (’ai)t. Swicego-'id }ind INIr. 
Sowers and myself, I am satisfied that we did not do anything out of the way 
W(‘ tried to keep the votes straight and I know tlu'y are straight. I lon't knov 
how it ha])p('ne(l. 


1044 


CAMPBELL VS. DOUGHTON. 


Q. Was there any coinpluint by any of the election officials that anythin,!; was 
j;oin,i; wronj; in that precinct?—A. The only thin,!; I heard was that some one- 
come into the door and said something about Mr. (iantt, I believe; made com¬ 
plaint about shakin.g down the tickets. Mi’. Sowers was doing it at the time. 

(). The Kepnblican ,Uid,ge was shaking them down?—A. Yes. sir. He kindly 
took offense to it. Said he was poshing them down for the remainder. 

(y ]Mr. A. H. Price, a i)rominent Kepnblican, .vras not there?—A. Yes; he 
helped IMr. Sowers out a right little bit. 

(>. There was no complaint by Mr. Price or any of the other Kepiiblicans or 
Denjocrats in that i)recinct?—A. No. sir. 

(y The contestant in his hearing chalh'iiged the right of yonr dan.ghter, 
Mi.ss :Mar,g!iret IMartin, to vote in the north ward precinct. Yon may state^ 
whether yonr danghtei’. IMiss Margaiad Martin, voted either in person or by 
absentee vote in the 192(1 election in the north ward precinct?—A. I did not 
know she was challenged. I told them not to vote her or my son. Pie was 
np at Xewton and he vott'd np there. T told him not to vote here. 

Q. Are yon sure the vote of IMiss Margaret Martin was not counted in the 
north ward?—A. I don’t know. I thiidv Mr. Sowers remembers me telling him 
that. I did not accompany him and look at h.im i)nt in the tickets, yon know. 

Cross-examination by ]Mr. Adams: 

(,}. IMr. Martin yonr dan,ghter lives at Lenoir?—A. She lives there and tnii.ght: 
school there. .She is manded np there now. 

Q. Yon say .vonr son lives at Newton?—A. He did live np there. He worked 
np there for a year on a contract; he is living at home now. 

i}. Yon don’t know whether or not she voted here?—A. I don’t think so. I 
doiPt know if an absentee vote came here or not. She told me she would vote 
at Lenoir. 

Q. An absentee vote came from yonr son?—A. If it did, it did not come to me. 
I told him not to come. 

Q. Plad he been np there two years?—A. Yes, sir. 

Q. Did he tell yon about an al)sentee vote?—A. Stanley said he did not have 
one; he said if there was one coming someone else did it, he did not. 

(}. Y^onr daughter voted in Cleveland County?—A. Yes; in the eighth district, 
I think. 

Q. All absentee votes sent in to the registrars?—A. I got a few: I know I 
got one from a yonn.g man, a drn,g.gist, at a little town above Plickory. I 
turned it in to the registrar. . • 

(>. They were all voted by certificate or straight ballot which was inclosed in 
the envelope with them?^—A. I did not break the envelope to .see. His name 
was on the (nitside on the back of the envelope. 

(}. Y^on did not o])en np the envelopes?—A. No, sir. 

Q. How many minutes did yon say had elapsed after yon begnn voting the 
absentee votes before yon discovered any ab.sentee ballots for Congress?—A. 
Some little time, not very lon,g, a few minutes, we were probably one-third of 
the way thron.gh, perhaps. 

(y Were the Kepnblican and Democratic votes mixed np together?—A. Y(^^ 
sir;,I .sni)i)ose the.v were. 

Q, Yon did not notice np until the time yon discovered there were no con- 
gre.ssional tickets, yon did not notice any Kepnblicfin ti(‘kets not having congres¬ 
sional tickets with them?—A. I did not ])ay an.v attention to that. 

Q. I believe yon said that IMr. Campbell ran about 40 ahead?—A. I thih'k he 
was ahead—don’t recall the nnmber. * ^ 

Q. Mr. Donghton ran about the .same behind?—A. Something like'40 dr nO. 

(}. As to i)ei-sonal voters .von did not say that they did not have con- 
gre.ssional tickets?—A. I think everyone did. He voted as many as he had a 
right to vote for. 

Q. If Mr. Campbell ran about 40 or more votes ahead and IMr. Don,ghton ]*an 
40 or more behind the nnmber would corres|)ond in amonnf, then that would 
npi)ear that everyone i)nt in con,gre.ssional tickets of .some kind?—A. I wonld 
ti,gnre it, too. bnt they certainly were not doing it. 

Q. That being true, there wonld have to be someone scrat<*hed in the personal 
voting—to make it tally ont it looks like that ?—A. Y'es, sir; it looks like a 
puzzle to me. T am not mneh of a politician myself, and I don't know how 
to work these thin,gs ont. 

Q. Yon stated that there was some conpdaint about the tickets being 
pushed?—A. Yes; ]Mr. Gantt came in and said somethiipg, I thiidv it was to 
Mr. Sowers, and he kindly resented it. 


CAMPBELL VS. DOUGHTON. 1045 

Q. How long linve yon lived in this precinet?—A. I think I have lived in the 
ward 20 or 21 years. 

Q, As a matter of fact, yon have been .judge or registrar ont there several 
times?—A. Two or three times, recently. 

Q. \ on are pretty familiar with the regnlar voting of that ward?—A. I jun 
not so familiar as lots there. I don’t know inncli about a man’s politics and 
'don’t know how the.v vote. 

Q. Hasn’t the Republican candidate for Congre.ss run ahead several times 
ont there?-—A. T don’t remember. 

Q. Do yon remember how Charlie Cowles ran ahead in that ward?—A. 
sir. 

Q. He was a candidate some years ago?—A. Yes, sir. 

Q. And was elected?—A. Yes, sir. 

Mr. M. A. vSHAXK. witness for contestee, first he'ng dnl.v sworn, testified as 
follows: 

Direct examination by ]Mr. Carlton : 

Q. What otticial position did yon hold in the 1920 general election?—A. R(\gifv 
trar for the north ward. 

Q. That is the north ward pi'ecinct. Salisbury Township?—A. Yes. sir. 

Q. Yon had charge of the registration hooks?—A. Yes, sir. 

Q. And yon were present on the day of election?—A. Yes, sir. 

(i. Yon were in the room whei’e the ballots were received thromrhont the 
entire day?—A. Practically all the time, ont a little while. I was spelled off by 
]\[r. Smoot, to rest. 

(>. Who received the absentee votes in that precinct?—A. All turned in to 
me. T got most of them through the mail. 

Q. Yon had some absentee votes in .vonr precinct?—^A. Yes. sir. 

(}. About how manv ah.sentee ballots were cast in this i)recinct?—-A. Between 
To and 100^—I don’t know exactl.v—probably 80 or 90. 

(}. To whom did yon turn them over to*?—A. T a]n)ointed ^Ir. Priee aiul Mr. 
Sw'cegood. who was the clerk of the da.v—turned the votes over to them to 
handle. Mr. Price took .a i)air of shears and clinpc'd the envelone 0 ])“n and 
turned t^m envelope w’th the back to ;Mr. Price, and he took the ballots ont and 
turned the bbie s1il)s over to me. and I passed the l>allots to the .in<U»'es. Be¬ 
fore these votes were cast the names were on the corner, and I looked in the 
rgistration book to see if they wei’e registered. 

O. AVhat time d'd .von begin voting the absentee vot''s?—A. A little bit before 
H o’clock. Mr. Pr’ce sngg('sted that we start about 2.80 to give ns plenty of 
time to work these in as we had to work in between times. 

C). V.’hile yon were voting these ah.sentee vob's .von had three or fonr promi¬ 
nent ^tw)nblicans in th.ere?—A. Two. 

D. Who were the.v?—A. Mr. Price and Mr. Swicegood. I don’t recollect, but 
I don’t think anyone else. 

O. T’m y saw all the absentee votes?—A. ]Mr. Price dal; he passed them over 
to tpo indges, 

Q. Where was ^Ir. Sowers?—A. He was at the voting box at the window, 
Mr. Sowers was the Rennblican judge and IMr. ^Martin the Democratic jndge, 
and I bad a little table here with a box on it. and right over there was a small 
table where Mr. Price ami IMr. vSwicegood were. They handled the absentee 
votes and pa.ssed the ballots to the judges. 

O. AHer th's absentee voting was begnn was there any discrepancy or any¬ 
thing irregnlar?—A. Mr. Martin, the Democratic jndge, remarked shortly after 
we commenced counting that there did not appear to be any congressional 
ballots in the Democrat votes be'ng cast. 

Q. How long did that keep np?—A. AYell, he repeated that several times 
after that. A few remarks were made that he did not understand how come- 

Q. Was that repeated until .von completed the absentee votes?—A. Yes. sir; 
and after they were all counted and straightened it was remarked that they 
liad not seen congressional ballots for Mr. Donghton in the votes that were* 
oast. 

Q. Yon don’t know, of course, captain, how many of these absentee votes 
failed to have a congre.ssional ticket in them?—A. No, sir; I did not handle 
them. I don’t know. 

Q. Who else mentioned the absence of Mr. Donghton’s vote besides :Mr. Mar¬ 
tin, the Democratic judge? 



1046 


(’AMPBELL YS. DpUGHTON. 


(Tlie contestant, throngli h's attorney, ol)jects to the use of other people, 
especially as to thoso other than officials.) 

A. They all mentioned it—myself, the Democratic jndse, the Kepiiblican 
jiidse, Mr. Price, and Mr. Swicegood. 

Q. \\>re .von present when tlie votes were counted after the election was 
overV—A. Yes, sir. 

Q. Did yon help make np the tinal retnrnsV—A. Yes, sir; myself and two 
.indjjes. 

C^. Did yon notice in the tinal returns that Mr. Donshtou fell behind the 
Democratic ticket 40 or dO votes?—A. I don’t know how many. I knew he 
fell hehind. I don’t know the exact tisrnres. 

(}. How about Dr. DampbellV—A. His vote was ahead of an.v other Repub¬ 
lican candidate. 

Q. Do yon know about how many Dr. Campbell led the Republican ticket 
in the north ward?—A. I am not absolntel.v sure, bnt T think he ^ot about 312, 
and I tliink 2r)0 was the most any other candidate j^ot on stra ght ticket. 

Q. Did Dr. Campbell lead the Republican electoral ticket?—A. Yt'^s. sir. I 
forpret .inst exactly. I know the hij^hest Republican candidate fj:ot about 2G0, 
and 1 rhink Dr. Campbell .ijot 312—it was over 300. 

Q. Yon don’t have the record with yon, do yon?—A. No, sh'; I do not. 

(}. Will yon ^et a statement of the resnlts or returns in the north ward and 
hand them in after dinner?—A. Yes, sir. 

(}. How man.v various votes cast in yonr precinct?—A. One thonsand one 
hundred and irinety-three. 

i}. Do yon recall what the total vote for Mr. Don.ahton and Mr. Campbell 
amonnts to?—A. Mr. (’ampbell’s, I think, was about 312. Imt 1 do not recol¬ 
lect wlnit Mr. Don.ffhton’s was bnt know that it was below the re.unlar Demo¬ 
cratic vote. 

i}. Do yon remember if the.v talked np with the total vote cast?—A. Three 
I'.nndred and seventy-tive oi- three hundred and seventy-six, I forji:et which, more 
than the poll book shows voted. 

(>. That was outside of the fact that probably 50 or 60 absentee votes did not 
vetp rnr Mr. Doiyshton?—A. Yes. s'r. 

Q. How do yon account for that?—A. That is pretty hard to account for, 
I brought along .inst a couple of tickets .inst to suggest what I had in mhid. 
These tickets were small—that is, the congressional vote—and in a hurry a 
man conld come np and vote and pnt in the votes folded; some conld vote 
open and some conld vote folded, and no .indge conld see whether they voted 
one or more, and I want to illustrate here. A .indge conld look at one ticket, 
when, in fact, four are there, and conld be done by some Repnblican. I say 
Republican, because he got the highest vote. I know if the Democrats did that, 
he, Mr. Donghton, would have gotten a higher vote. , 'i , 

Q. And there would not have been any stuffing of the ballot in favor of ^Ii\ 
Donghton from yonr count of the vote?—A. I did not count the vote. 

Q. From the total result?—A. No. 

Q. Is it possible there may have been some stuffing of the ballot in favor of 
Dr. Campbell?—A. Y"es, sir. 

Q. Is there any other way that this irregularity conld have happened?—A. 
It conld have been manipulated by the ones counting the congressional vote. 

Q. Do yon know who counted the congressional votes?—A. I turned it over 
to Mr. Ih'ice and Mr. Swicegood, the clerk, and Mr. Smoot, who assisted me 
through the day. 

Q. Mr. Pr'ce was a Repnblican?—A. Y>s, sir. 

Q. Y'on have no reason to believe that IMr. Price would have manipulated the 
count in favor of Dr. (’ampbell?—A. No, sir; I had confidence in IMr. Price; 
that is why I turned them over to him. He was the one I was talking to when 
I told them to count the votes. I thought more of Mr. Price. 

Q. I believe yon said there were over 1,100 people voted in yonr precinct?— 
A. One thonsand one hundred and ninety-three. 

Q. Do yon know all the persons i)ersonally?—A. No, s’r. 

Q. How long have yon been in the north ward?—A. Over 20 years. 

Q. Oo yon know half of them in person?—A. I don't think so. 

Q. How many would yon say that yon know in person?—A. I conld not say. 

(}. Well, about how many?—A. I know a good many. Know' their faces, do 
not know their names. I am pretty hard hand to remember names. 

Q. Do .von know^ the politics of all of them?—A. No, sir. 

Q. What percentage of the voters do yon know politics of?—A. I don’t know'. 


(’AMPBELL VS. DOUGHTON. 1047 

Q. Is it poSvSible for nny one man to know the politics of all the voters in vour 
prec’nct?—A. No, sir; I don’t think so. 

Q. Have you made an effort to find one nnin that will swear that he knows 
the politics of all the men in the north ward?—A. No, sir; that would he a 
fruitless effort, I think. 

Q. Have you made inquiry, and if so, to what extent, to find out the politics 
of a numher of folks who voted in the north ward?—A. We had quite a few, 
12 or more, voters in the north ward who have heen living there and workinf? 
there in the north ward, and checked it from the list that was handed me, and 
from my own personal knowledge there were not more than 12 or 15 of the 
folks who were voters in the north ward. 

Q. Were you able to jjet the politics of these voters in the north ward?—A. 
Yes, sir. 

Q. How complete was that information?—A. You mean from the list I had 
twhile ago? Almost complete; covering pretty near the whole list. 

Q. There was a large numher that no one knew at all—that is, their poli¬ 
tics?—A. I did not cover all on the poll book or on the registration hook. 

Q. INIr. E. H. Bean, witness for the contestant, swore that he had made in¬ 
quiry throughout the north ward, and that he had examined the city directory 
of Salisbury and Spenc'er, and that he had examined the tax hooks of Rowan 
County and found no evidence that about 60 voters in the north ward were 
nonresidents and not entitled to vote. Have you looked over that list that 
Mr. Bean gave?—A. Yes, sir; a copy of it. 

Q. Did you make inquiry to see if you could find any of those folks whose 
names he gave?—A. Yes, sir. 

Q. Where did you look to find their names?—A. On the registration hooks. 

Q. I hand you a list here, taken from the names challenged by Mr. Bean, and 
ask you to examine it. You will notice on that list a numher of names whose 
ages are put down as 21?—A. Quite a few of them. 

Q. Will you please read this list to the stenographer?—A. Ray Kincaid, F. M. 
Felker, R. M. Page, Grover C. White, Martin Keller, W. T. Parker, T. B. 
Daniels, E. L. .Tones. Thomas Baker, Z. P. Smith, E. M. Russell—he is on the 
poll hook but not in the registration hook ; we do have a B. M. Russell. T. J. 
Brown, R. E. Deadman, L. T. Cress, R. R. Russell, S. C, Corriher, Sam T. 
Ellis, Richard Henderson, he was in the Army ; Thomas .1, Martin. We have a 
Thomas .1. Miller, and I thought it was Miller instead of Martin; we have no 
Martin on the registration book. Luther Moore, P. W. File, L. E. Penninger, 
G. W. Rufty, J. D. Ridenhour, he was in the Army; W. T, Parker, T, B. 
Dan'els, E. L. .Tones, Thomas .T. Miller, and .T. B. Kessler. From Ridenhour 
down was challenged by Mr. Sowers. L. T. Lambert, H. Mcldewellyn. That 
covers the 21-year-old-list. 

Q. Did the hoys who.se names you read reg'ster in your precinct in 1920?— 
A. Ye.s, s r. 

i). Have you your reg’stration hook up here?—A. It is r ght over there. 

Q. Do all these n.ames appear in your registration book?—A. Yes, s r. 

Q. Were they under 21 years of age on May 1, 1919?—A. I don’t know; they 
gave me their age as 21 when they registered. 

Q. When did they reg’ster?—A. In May and October, 1920. 

Q. Well, that would make them all under 21 years of age on May 1, 1919?— 
A. Yes, s r. Most of them registered in May. 

Q. You have on yonr list here, as having heen challenger by Mr. Bean, the 
riaines of a few voters who appear to he over .50 years of age and not liable to poll 
tax on May 1. 1919; wdl you read those names?—A. B. F. Sk'nner, he registered 
in 1918 as 67 years old. .Toseph McLean, registered May, 1920. D. W. Baker, 
should he E. 'w. Barber; I thought it was an error; there is no Baker; .58 
years old in May 1920. E. L. Davis, here in the registrafon hook as P. L. 
Davis; lie was 50 when he regstered in May, 1920. V. M. Cauhle, registered 
as 58 in May, 1920. Thomas Harr s, registered as .50 in INIay, 1920. D. M. 
Beard.slee, .5.8 vears old in October, 1920. 

i}. Does that complete your list of names whose ages appear here as being 
over .50 on May 1. 1919?—A. Yes, sir. 

Q. How d (1 you ascertain the'r ages?—A. From the registration hook. 

Q. Do yon know any of them ’n person?—A. Yes; some of them. 

Q. Then some of your information is based on personal knowledge as well as 
the registration hook?—A. Yes; some of them. 

Q. You will find on your I'st a few names between the ages of 21 and .50 on 
the 1st day of May, 1919, with a notation as to the payment or nonpayment of 


1048 


CAMPBELL VS. DOUGHTON. 


poll tax; will you read the uauies of those who appear to have paid their 
poll tax?—A. There is D. O. INLller on the poll l)ooks, but t should he G. Q. 
He was a soldier 27 years. He had paid his poll tax. I have the name of 
J. B. Alaness; I could not find that and took it to be .T. B. Morrison ; he is 40. 

Q. Did you examine all your records for J. B. Maness?—A. Yes, sir; I take 
‘t to be G. B. Moi-r sou. he has paid. I have N. C. Wallace, should be H. C. 
Wallace; he has but one arm. I understood he 's exempt from poll tax. He is 
83 years. I have Boss Kvans. 38 years old; he paid ])oll tax. D. N. Rouche. 

Sherilf Krider adv sed me he pa'd h's poll tax. PL P>. Arey paid poll tax in 

Charlotte. That is my information. 

Q. Did you check the record with the sher ff’s deputy this morning as to these 
poll taxes?—A. Yes, sir; I did. 

Q. Were all these names you have read over taken from the Pst challenged 
by Mr. Bean in the north ward?—A. Yes, s'r; a copy of it. 

Q. I hand you another list taPien from the names challenged by the witness 

Bean for the nonpayment of poll tax; will you read that list?—A. L. C. Hambly, 
H. W. Lee, W. S. IMcSwain, W. W. McSwain, CPfton Qu'nn, .Tohn C. Busbee, 
D, .Joyner, B. W. iMcKen/ie, R. G. iMcSwain, I.. PI. Clement, jr.. Charles 
Iharker, W. P. Quinn, W. Trent Rugland, .1. H. T.yons, jr., Charles Tj. Shaver, 
Donald Clement. Douglass Collins, G. S. Boiland, G. Q. iM Her, and .1. D. 
Ridenhour. 

Q. Have yf»u made inquiry as to whether, these young men were in the Army 
or not?—A. Yes, sir. 

(}. What was your informat’on?—A. My information was that they were in 
the Army. 

Q. You found the name of I... A. Shuman, age 24; d’d you invesf gate the tax 
records to find out whether he paid his poll tax?—A. Yes. sir. Found S. A. 
Shuman end thought pos.silfiy I.. A. was S. A. S. A. Shuman had paid. 

Q. Mr. Bean also challenged O. H. Varner, C. IM. Groves, .Terry Vanderpool, 
are these three names registered in your precinct?—A. No, sir. 

Q. Did anybody by that name vote ’n your precinct?—A. No, s’r; I looked 
over the poll book and could not find their names on the poll book. 

Q. What do you know about Miss Margaret Marfn hav'ng voted in the north 
ward?—x\. Mr. Martin told me she had sent in an absentee vote, but not to cast 
the vote until he heard from her. and he did hear from her. and said not 
vote her, and I looked through the poll book and could not find her name. 

Q. So her vote was not counted in the north ward?—A. No. sir. 

Q. She wns teaching school in I^enoir at that time, I believe?—A. Yes, sir. 

Q. I hand you another list taken from the poll book in the north ward. Will 
you read that list?—A. Ti. Simpson. W. S. Wagm^r, Gpovrvp j> Flov<l Kin¬ 

caid, PL V. Garrett, R. M. Lewis, M. D. Sapp. B. ,J. Wei.sner, E. D. Buckner, 
S. P. Snrth, B. L. Price, O. H, Pltherldge, Pldgar Giafiiu, H. G. Bas<. Plenr.v 
Dobson, and H. H. ITacock. 

(P Did these folks vote in the 1920 ejection in the north ward?—A. Yes, sir. 

Q. Do you know the reputed politics of this crowd?—A. I have nuuD inqu ry, 
and the result is that they voted the Republican ticket; they are all rejiuted 
RepubPcans. 

Q. From your inquiry are you in a posifon to stat(" what they voted in the 
1920 election?—A. I could not tell them I ke Maj. Bean. 

Q. They are all reputed to be Republicans?—A. Yes, sir. 

(P Were they on the 1st day of IMay, 1919, between the ages of 21 and 50, 
according to your reg’stration book?—A. Yes. sir. 

Q. Did you make an investigation to see whether or not they paid their poll 
tax for the .year 1919 prior to the 1st day of IMay, 1920?—A. Yes, sir, 

(P Have any on that list paid their poll tax?—A. No, sir. 

Q. I hand you another list; please read those names?—A. M. C. Whitman, 
A. W. I'enick, and J. A. Tutterow. 

Q, Did these three men vote in your precinct?—-A. Yes, s'r. 

Q. Do you know how they voted?—A. I don’t know how they voted, but they 
are reputed Republicans. 

Q. Are their names on the registration book for the north ward?—A. No, sir. 

Q. Did ycni make a thorough search for them?—A. Yes, sir. 

Q. Read this list.—A. F, H, Kolass and Robert A. Kolass. 

Q. Who are those boys?—A. Republicans. They paid no poll tax, but were 
soldiers. 

Q. Do you know where they live?—A. They live in Salisbury; this is their 
home. 


f 


campbp:ll vs. doughton. 


1049 


Q. Do you know their fatli^^r?—A. Yes, sir. 

Q. What is liis name?—A. H s name is Kolass—R. A. Kolass. 

Q. hat ])osit on did R. A. Kolass occ'Ui).v in the Rei)uhlican campai'cn 5 )o]it i- 
cal office?—A. He was chairman of the Rejaihl can campaij^n committee. 

Q. These lioys v/ei-e his sons?—A. Yes, sir. 

Q. The father of these hoys was recently cha’rman of the Ttennhlican clubs of 
western North Carolina?—A. Yes, sir; during the last election. 

(}. Did F. A. and Itohert A. Kolass vote in your precinct?—A. Yes, s r. If 1 
am not mistaken, they voted absentee votes. 

(). r)id they pay any poll tax for the year 1919?—A. No, sir. 

Q. Do you know the ages of these hoys?—-A. I have got T on my registration 
hook. The.v are over 21. 

(}. What do you know about theii- ages?—A. I think they ai'e over 21. 

Q. Are they tw ns?—A. 1 don't know. I don’t think so. though. 

Q. You may state whether or not these hoys were soldiers?-—A. Yes, sir. 

Q. They were in m'litary service, both of them?—A. Yes, sir. 

Q. Do you know the ages of the two Kolass hoys now?—A. Yes, sir. 

(}. Where did you get your information from?—A. Fi’om registrat on hook. 

(). What does the registration book show them to he?—A. Robert II. Kolass, 
jr., to lie 28 in October, 1920, and F, H. Kolass, 23 in October, 1918. 

Cross-examination by INIr. Ai)a:ms: 

Q. ]\Ir. Shank, these Kolass hoys, one of them, works in Vfashimrton, D. C.. 
doesn’t he?—A. I can’t tell. I think he worked n Washington recently. 

Q. Were both of them working there?—A. I am not sure about that. 

Q. This is the first time they registered and voted here?—A. One registered 
in 1918 aiivl voted. 

Q. And tlie younger one registered this time for the first time?—A. Yes, sir. 

(}. Has he been living here?—A. I can’t say as to that. 

(}. When did yon register hini?^—A. He was registered in October. 

(}. Was he here in October?—A. I can’t say. I have him on the registration 
book. I think Mr. Kolass got me to i-egister them. 

Q. Did they register before you?—A. I am not positive; I may have registered 
them through his father. 

Q. You put his on the book at the suggestion of his father. His father is 
R. A. Kolass?—A. Yes, sir. I am not positive. I think that is right; the best 
I can recollect. 

Q. His father is chairman of the executive campaign of this comity for the 
Republican Party?—A. He was. 

]Mr. Shank, you would not be any more courteous to the Republicans than 
to the Democrats, wouhl you?—A. No; I tried to be as courteous to them as 
to the Democrats. 

Q. So, if a Democrat wanted a name put on the book by proxy you did?— 
A. Yes, sir. 

Q. As to the election around there, Mr. Shank, I believe you stated that it 
was possibly true that some of the men could have voted two tickets or more 
at a time?—A. Yes, sir; small tickets. 

Q. And if that was true, then, these tickets would have been in the ballot 
box when turned over to iMr. Pi'ice to be counted?—A. Yes, sir. 

(}. And all the tickets in the ballot box; it would be their duty to count 
them all?—A. Yes. 

(}. Therefore, yon could not stand ready to reflect on those who counted the 
tickets?—A. No, sir. 

(^. And after tliey made the count they made the returns to you?—A. Yes, sir. 

(}. And you certified that they were correct’?—A. Yes, sir. 

(}. And you certified that the returns in that iirecinct were correct?—A. 
Yes, sir; myself and the two judges. 

Q. Mr. (’ampbell ran about the same amount ahead that Mr. Doughton ran 
behind?—A. I did not figure it at all. 

Q. Some of these people that you state were registered on the registration 
book as 21 vears of age?—A. Yes, sir. 

Q. As to those on the registration book as 21 years, you could not state 
positivelv were 21 years of age on ^Nlay 1, 1919? A. No, sir. 

(i. I believe you called two names that were on your registration book on 
Mav 1, 1920, as being oO years old?—A. Yes, sir. 

(}. And they could not be exempted from payment of poll tax for the year 

1919?—A. No, sir. 


1050 


CAMPBELL VS. DOUGHTOX. 


(^). And the i)e'oj)le voting? in person—they put tickets in the boxes them¬ 
selves?—A. Not nil of them; no, sir. 

Q. Well, what per cent of them?—A. I conld not say. They were handled 
hy the jiidse and he irot them in the best way they could. 

Q. As to some of these peoi)le yon testified about here that did not appear 
on the registration hook, you had with you another Democratic (tfticial, didn’t 
you?—A. Yes, sir. 

(^). And one Uepuhlican otlicial?—A, Yes, sir. 

Q. You do not wish to confess that in conductinj? your election there that 
the Republicans with you, and the Democrats, too, that the Republicans were 
able to come up there that were not registered and fold up tickets and stuff 
uj) the ballot box and practically annul all your leital and otlicial authority 
there?—A. No. I just showed how it could have been done that way with 
small tickets and run up Mr. Cainphell’s ticket. I don’t say that it was done. 
1 don't want to retlect on anyone; it was done somehow. 

Q, These people, concerninj; poll tax. you did not check the enfre records 
of the county to see if they paid their poll tax?—A. The deputy, Mr. Baker, 
went over the list to see that they were on it. 

(^. Did he check the entire county or the ward?—A. He checked the certified 
list. 

Q. He did not check the hooks (jo'vn in the sheriff’s office, did he?—A. I don’t 
know. He had soniethinj?; I don’t know if it was the hook or certified list. 

(), D'd you check them yourself?—A. No, sir. 

(j. You do not know if he checked it as ajtainst his records in his office?—A. 

I think he was checking it from his records. The sheriff was in there, too, part 
of the time. 

(At this point the hearing is adjourned until 3 p. m. of this date, April 15,. 
1921.) 

Pursuant to adjournment this date at 2 p. m., the hearing reconvened at 3 
o’clock p. m. same date. 

HENRY GLOVER, witness for contestee, first being duly sworn, testified as 
follows: 

Direct examination hy INlr. Ckaig : 

Q. Where do you live?—A. Out on a farm out from here. 

(}. How long have you been living in Rowan Oounty?—A. Forty-seven years. 

Q. What official position did .vou occupy in the November election?—A. i was 
registrar. 

Q. At what voting precinct?—A. South ward. 

0- Ho you know about how many absentee votes were cast in that ward on 
election day?—A. Right around 50. 

Q. How many of the.se ballots did Mr. Doughton get?—A. I don’t know of but 
one personall.v. 

Q. Did a good many absentee ballots not have congressional ballots in 
them?—A, Never seen any. 

Q. I will ask you how many votes iMr. Doughton ran behind, senator?—A 
Twenty-six. 

Q. How many did he run behind Mr. Morrison?—A. I think it was 28. 

Q. How many votes did he I'lin behind the electoral ticket?—A. Twenty-six. 

Q. State whether or not Mr. Gamphell got the full Republican vote for Con¬ 
gress as compared with other candidates on the Republican ticket?—A. He did, 

(}. There was some talk around there, was there not, about none of the ab- 
.sentee ballots having (’ongressman Houghton’s ticket on it?—A Yes sir* the 
judges were talking about it. ’ ’ ’ ’ 

(}, That there was no Doughton absentee ballots?—A. Yes, sir. 

(J. I hand you a list of names here who were challenged hy one E. H. Bean 
charged with being nonresidents and not having paid their poll tax in the south’ 
ward, alleged to have been voters in the south ward. I will ask vou in the 

first place, have you examined the poll books to see if they were mid or 
not?—A. Yes, sir, ‘ i ^ ul 

ii. Did Mr. W. 1‘. Smith pay his poll tax for 1919?—A. Yes sir 

C). Where did he live?—A. No. 118 South Clay. 

(,). When did he register?—A. Dctoher, 1920. * 

Q. Did .you register him?—A. Yes, sir. 

Q. The major challenged one .TohnEd. Hooper?—A. l\lrs. Ed. Hooner Tlmr^ 
was no John Ed. Hooper on the registration book. 


CAMPBELL VS. DOUGHTON. 


1051 


(}. You wrote it?—A. Yes, sir. 

(}. Where d d she live?—A. No. 2.3^ South Main Street. She registered in 
< letoher, 1920. 

(}. Ilow about E. W. Crowder?—A. He livrs 117 South Walnut. 

(}. When did he register?—A. October, 1920. 

Q. Do you know T. F. Howard?—A. Yes, sir. 

(>. Who is that?—A. INIr. Oene Thoinp.soirs father-in-law. 

(). How old is he?—A. Sixty-three. 

(). Where does he live?—A. No. 411 South INIain. 

Q. Did you register him?—A, I don’t know if I registered him or not. He 
registered in 1914. 

Q. Did R.‘ L. Shanaidiouse register?—A. No, sir. 

Q. Did he vote?—A. No, sir. 

i). Where do you think he got that name from?—A. I don’t know. 

Q. Take the name of Ed. Rosseau. Do you know where he got that name?—A. 
No. sir. 

Q. Do you know Mr. R. W. Elmer?—A. No, sir. 

Q. Did he register?—A. No. sir. 

Q. Did he vote?—A. No, sir. 

Q. Do you know Charles S. .Tulian?—A. Yes, sir. 

0. Did you look to see if he paid his 1919 poll tax on or before the 1st day 
of iNTay. 1920?—A. Yes. sir. 

Q. Where does he live?—A. No. .309 South Lee Street. 

Q. When did he register?—A. Dctoher, 1914. 

Q. Take the name of H. M. Brown, how old is he?—A. Fifty-nine. 

Q. Where does he live?—A. Out in tho country. 

Q. Does he live in your ward?—A. Yes, sir. 

Q. When did he register?—A. He has been on the hook a good while; he is 
Sheriff Brown’s father. 

Q. He is not liable to poll tax on account of his age?—A. No, sir. 

Q. Don’t you guess that the major has been knowing him about as long as 
you have?—A. I guess so, 

Q. Take the name of W. T. Cook?—A. I don’t know W. T. Cook. 

Q. Mdiat does the book show about him?—A. Shows he registered in 1920. 

Q. Does it .show where he lives?—A. South ward, 

Q. How old does the book show him to he?—A. Twenty-one. 

Q. What about M. A. Rogers—is he a soldier?—A. Yes, sir. 

Q. Where does he live?—A. No. 16 South Long Street. 

Q, When did he register?—A. October. 1920. 

Q. Ho you know T. Ty. Whisnant?—A. Yes; he is a soldier. 

Q. Where does he live?—A. No. 118 South Clay Street, 

Q. When did he register?—A. October, 1920. 

O. Does he live in the south ward?—A. Yes. sir. 

Q. The major put the name down of J. B. Lincoln?—A. It is .T .B. 
Linker. 

Q. Do you know him and does the major know him?—A. He knows him just 
as well as I do. 

O. Where does he live?—A. No. 516 East Bank Street, south ward, 

Q. He is a soldier?—A. Yes, sir. 

O. M’hen did he register?—A. 1918. 

Q. .1. I, Linker, his brother, the major wrote that down as Lincoln; is there 
any such name as that on ))oll hook?—A. There is Linker. 

Q. Is he a s(»ldier?—A. Yes. sir. 

Q. And lives in the south ward?—A. Yes; East Bank Street. 

Q. How about Roy (hilberth. is he a soldier?—A, Yes, sir, 

Q. liives in the south ward?—A. YY^s, sir. 

Q. How about J. W. Crumpton?—A. He is a soldier. 

O. Does he live in the south ward?—A. YVs, sir. 

Q. When did he register?—A. October, 1920. 

Q.-A. B. Bufort. is he a soldier?—A. Yes. sir. 

O. Does he live in south ward?—A. Yes. sir. 

Q, When did he register?—A. October. 1920. 

Q. It. E. Nickloson?—A, He is a soldier: he lives in the south ward—lives 
out in the country just outside of the city limits. He is Mr. W. S. Nickloson’s 
.son, 

Q. When did he reirister?—A. May, 1920. 

Q. About J. M. Nickloson?—A. He was a soldier. 


1052 


CAMPBELL VS, DOUGHTON. 


Q. Where did he live?—A. Lived <mt in the country with his father in the 
south ward. He registered in INIay, 1920, 

Q. How about K. ]M. Allen?—A. He is a soldier from the south ward, lives at 
524 East Bank Street. 

Q. Is he on the registration hook?—A. Yes. sir, May. 1916. 

(}. Ijawrence ('. Haynes, do you know him?—A. Know him personally he 
is a soldier. He lives in the .south ward in 800 block. 

Q. What is his business?—A. I think he is in the automobile business. 

Q. Fraley Hess?—A. He is a soldier, lives in the south ward. 

(>. When did he register?—A. April, 1910. 

(J. How about C. L. Daniels?—A. He is 51 years old. 

(). Where does he live?—A. In the south ward. He registered in 1920. 

(J. How alxmt C. O. Bi'own?—A. He lives at 124 East Harrab ‘Street. 

Q. When did he register?—A. 1920. 

(h How about W. P, Smith, state what you know about him?—A. His poll 
tax is paid. 

Q. Where does he live?—A. No. 118 South Clay Street. 

Q. Is he registered?—A. Yes, sir. He i-egistered in October, 1920. 

Q. ]\Ir. Glover W. L. INIiller is charged with voting twice. What is shown on 
your book?—A. No W. L. Miller voted twi^-e. Mrs. W. L. Miller came ip) and 
voted. I know them both personally, and the IMajor knows IMr. laither IMiller 
and knows I\Irs. Miller. He knows them, as far as that is concerned, 

Q. >Mr. Glover, I hand you a list of the names of Bepul)licans who voted 
in the south ward at the last November election and will ask you to look it 
over and state whethei- or not you know that they voted there at that time. 
Did they vote there?—A. AVhat I .saw did. 

Q. Call off the names.—A. L. C. Wilson, I>eon Heiuler.^on, H. C. Beaver, A. S. 
Croon, It. L. Gantt, Henrv W. .Tohnson, T. L. ]Mallorv, .Tames T. A. Heilig, II. E. 
Huffman. M. L. Wade, .1. D. Bice, I.. ,T. Shive, L. T. Barbee, I.. Y. Propst. C. A. 
Earnhardt, E. L. :Mallory. .1. E. Shephard, W. A. Hendrix, and .1. V. Beck. 

O. How old is the youngest man on that list, IMr. Glover?—A. Twenty-two, 
I think. 

(}. Ho ,v old is the oldest man on that list?—A. Forty-six. 

Q. H( vv old is the balance of them?—A. They run between 22 and 40. 

Q. Did all these men vote in the south wai'd i)recinct?—A. Yes, sir. 

Q. What ticket?-—A. I think, personally, that they voted the Bepublican 
ticket: they affiliate with the Bepublican Party. 

Q. They are known as Bepuhlicans in your ward?—A. Yes. sir. 

Q. Dr. Campbell got all the Beiniblican votes cast around there on the 
regular ticket in your ward?—A. Yes, sir. He carried the same as the rest of 
them do in the Bepublican Party. 

Q. Have you examined tbe sheriff’s certified list of people who have paid 
their poll tax in Bowan County?—A. Yes, sir. 

Q. Did you check that list with it?—A. Yes. sir. 

0. You may state whether or not any of these parties have paid their 1919 
poll tax on or before the 1st day of May, 1920?—A. No, sir; they have not. 
They have not according to the tax book. 

Cross-examination by Mr. AuAisrs : 

Q. ]\Ir. Glover. I believe you were registrar at the last election?—A, Yes, sir, 

Q. In which ward did you say?—A. South ward. 

0. It appears that there is right much talk concerning the absentee votes 
in tbe wards here, as to certain congressional tickets left out, that is interesting 
to me, and I want you to explain it to me.—A. I don’t know; that was with the 
judges. 

Q. Did you see the tickets yourself?—A. I never seen but three tickets. We 
started opening them, and I o])ened only three—one ballot for the Democratic 
nominee and two. Mr. and Mrs. W. A. Carpenter, they cast their’s for the 
Bepublican Party, and that is all that I saw. 

Q. All the absentee votes that came in had ballots for Bepublican or Demo¬ 
crat nominees*?—A. They had a little slip in there with the ticket. 

Q. What form of certificate was that, or slip as you call it?—A. Well, some 
of it was printed, and the party’s name was signed to the slip. 

Q. Did each envelope have a ballot with it or just with a little slip?—A. I 
saw only three tickets come in specifying what to vote for. The rest bad tickets 
in them. 


• CAMPBELL VS. DOUGHTON. 


1053 


ii. Not but three with slips come in?—A. No, sir. Thev specitied what to 
vote tor.. 

^ Q. M liat (lid these certificates say?—A. They had the parties names signed— 
just a printed form. 

Q. How do you account for all tlie absentee tickets not having congressional 
tickets in them?—A. I don’t know. 

Q. Tliey were all mailed to jani?—A. Yes, sir. 

Came from all parts of tlie country?—A. Yes, sir. 

Q. You kept them until election day?—A. Yes, .sir. 

Q. You don’t know of any way that it happened?—A. No, sir. 

Q. It is beyond the realm of your al)ility to figure how it did haiu)en?—A. 
Yes, sir. 

Q. You were the Democratic registrar over there?—A. Yes, sir. 

Q. As a matter of fact, what hapi)ened in your ward they claimed happened 
in other wards in town?—A. I don’t know. 

Q. If it happened successfully in your ward it could liave happened through¬ 
out the entire district?—A. I don’t know. 

Q. L(K)ks like a practice in votiiLg, doesn’t it, IMr. Glover?—A. I don’t know. 

(). If a scheme (»f that kind can woi-k so successfully there, can’t it work every 
other place as well?—A. I don’t know. 

(.>. You are not cln'rging anyone with working it?—A. No, sir. 

(The contestee objects to the form of the question on the ground that he Ls 
assuming something which has not been proven.) 

(The attorney for the contestant desires to inquire of the attorney for the con- 
testee if he is willing to admit that he has not lu-oved that the congre.ssional 
tick(ds were not in the absentee votes of Itowan County.) 

(The attorney for the contestee admits that IMr. Doughton’s tickets were not 
in the absentee ballots in the south ward jirec’nct or in other precincts of the 
city of Salisbury. He does not know why it was, and is objecting to the form 
of the question of the attorney for the contestant on account of the fact that he 
is usinc: the word “ scheme ” when he has not proven it.) 

Q. Then, if there is not a scheme of .some kind, how do you account for the 
fact that in none of these absentee votes, sent in from tbe various ((arts of the 
United States, was a congressional ticket, yet the people who voted in person 
voted a congressional ticket with their vote?—A. The congressional ran short in 
our ward. 

Q. And you claim ran short in the absentee vote, is that your claim, by failing 
to nut congressional vote in with the absentee votes?—A, That is what the 
judges said. 

Q. These absentee votes and cei-tificates of ballots are sent out by the Demo¬ 
cratic officials, are they not?—A. I suppose so. 

(>. Tbev ^M*e mailed to tbe Democrafe oMicials. are they not?— A. I suppose so. 

Q. And they are in tbe hands of the Democratic officials until 3 o’clock on the 
day of election?—A. Yes. sir. 

Q. Then, if thei’e is any shortage in tb(>se tickets, it appeared before it got to 
von as registrar, did it not?—A. Why, sure—we had no right to open them until 


3 o'clock. 

(). As to these poll taxes, the list tlu’t you certified to here, did you obeck the 
list with the records in the sheriff’s office down here to see if they paid their 
((oil tax?—A. Yes. sir. 

0. What records?—A. The official records that they gave to the clerk of the 
court. 

Q. Y((U lU'^an the certified list?—A. Yes, sir. 

6. Y((u did not check the tax books in tbe office of the sheriff?—A. No, sir. 

O Have von heard the sheriff testify here?—A. No. sir. 

O. As to these people, :Mr. Glover, who registered before you, and you claim 
ar(^'liable for P(dl ta-. did any of them register as being 21 years of age?—A. No, 
sir. Wo have two 22’s. 

O. Who are they, ((lease?—A. G. A. Earnhart. 22; and H. G. Reaver. 22. 

C). Did tliey register before you this October, 1920?—A. I don’t know: I 


O. Did thev not registei’ before?—A. I could look on tbe book and might,\ 

soon say. , . ,, 

Q. Would that recoi-d show? Did you not testify as to their age from the 

record in your hand?—A. Yes, sir. . Ti. • 

Q. What authority is that record there—how did it come to you?—A. It is 

to see who in the ward had not pnid poll tax. 


1054 


CAMPBELL VS. DOUGHTOX.. 


(^. Who made it iipV—A. I had a friend who helped me. 

(}. Did yon cdieck it with the rej^istration hookV—A. Yes, sir. 

Q. You know that the ages are correct according to that then?—A-. Yes, sir; 
according to tlie way they are shown on the registration hook. 

Q. These persons who appear there as 21 when registered, they registered be¬ 
fore you in October as 21 or 22?—A. They had to; j^es, sir, 

Q. Would they have been 21 years old on May 1, 1919, you do not know 
whether or not they would be?—A. It depends. Suppose a man would not lack 
but two days of being 23, he would have to register as 22. 

Q, Sipipose he had been nearly 22, would he have registered as 22?—A. No; 
he would not have been 22. 

Q. Mr, Glover is there not more than 12 months space between May 1, 1919, 
and the period of o]iening the registration books in 1920?—A. Yes. 

Q. If a man registered before you in October as 22, he could have been 
just 22 at the time of registration?—A. Sure. 

(^. He could have been 21 after the 1st day of May, 1919, and still have been 
22 when he registered?—A. I don’t know. 

Q. As to some of these gentlemen you testified fo, do you testify as to some 
of them being just 50 years of age? C. L. Daniels, what did he register?— 
A. He was 51. 

Q. You testified 50 or 51 when he registered before you in October, 1920?— 
A. Yes, sir. 

Q. And the year before that he was 50 in 1919?—A. Yes, sir. 

Q. And on May 1, 1919, he could have been liable for poll tax, could he 
not?—A. I don’t know. 

By INIr. Ckaig : 

Q. You are not a mathematician?—A. No, sir. 

Mr. Adams continues: 

Q. Do you know about the political faith of J. B, Rice? Did you testify 
that he is a Republican?—A. No, sir; I only testified that he seemed to affiliate 
with that side. 

Q. Is that your belief?—A. Yes, sir. 

Q. IVhere does he live?—A. I could not tell exactly; he lives in the south 
ward. 

Q. How old is he?^—A. He is 35, as shown on the registration books. 

Q. AVhat is the politics of R. E. Huftman?—A. I don’t know. 

Q. Did you register him?—A. I don’t know Mdiether I did or not; I don’t 
recollect. 

Q. How is C. O. Brown?—A, I do not know. 

Q. When did he register?—A. I think he has been on the registration book 
a good while. 

Q. How long has he been on the registration books?—A. I think he was 
raised in Salisbury. 

Q. When has he been in this town?—A. I don’t know. 

Q. IVhen has he lived in this town?—A. I don’t know. 

Q. Did he vote in person or absentee?—A, Absentee. 

Q. Did Norman Brown vote at your precinct on election day*^—A l^'es sir 

Q. AVhen was he registered?—A. I think he got a transfer. ' ’ * ’ ^ ' 

Q. Where did he get one from?—A. Seems to me Lke it was from the west 
ward. 

Q. M’hat day did he give you that transfer?—A. I don’t recollect. 

Q. Mr. Glover, I will ask you if you did not get that transfer on election 
day?—A. I don’t recollect. 

Q. I w 11 ask you if, on election day, after the books had been closed, after 
registration had been closed, did he come down to vote, and left, and then came 
back with a transfer from another place, and you put his name on the re^is- 
tratioii book and he voted on election day?—A.' I don’t recollect. ^ 

Q. To the best of your knowledge how did his name get on the books* not 
swearing positively, but to the best of your knowledge, information, and be¬ 
lief.'' A. I think It got thei’e that day w th a transfer from another ward. I 
think he had been down to tb s other ward to look if he was entitled to vote 

Q. Where did the transfer come from?—A. I won’t say which ward 

Q. Whose name was signed to it?—A. I won’t sa.v—I don’t recollect 

(>. Was anyone with him?—A. I don’t recollect. 

(}. Did liawrence 0. Haynes vote in person?—A. I don’t know. 


CAMPBELL VS. DOUGHTON. 


1055 


Q. I) d J. B. Linker vote in person that day?—A. I don’t recodect. 

(J. Did J. I, Linker vote in person that day?—A. I don’t recollect. 

i}. Did T. I. Whisnant vote in person?—A. I don’t recollect. 

Q. D.d H. M. Brown vote in person that day, or do yon reineinher?—A. He 
supposed to. He has a farm just outside the edjte of town. 

Do you know if he did vote in person?—A. I don’t recollect. 

Q. Where does K. W. Elmer live?—A. I would not say; I don’t know. 

Q. You testilied liere on a list of about 12 that you rememhered voted the Ile- 
IHihlicaii ticket—12 or 15?—A. I testitied tliat they affiliated with the llepublican 
Party. 

Q. You don’t know how they voted?—A. They seemed to swins that way. 

Did you ever hear of K. L. Sluinanhouse?-A. I don’t recollect. 

(}. Do you know about where he is?—A. No. 

Q. D.d you ever hear of him?—A. No, sir; not that I know of. 

W. A. STEELE, witness for contestee, tirst l)eing; duly sworn, testitied as 
follows: 

Direct examination by Mr. Craig: 

Q. Where do you live, Mr. Steele’.'*—A. Scotch Irish, 

(^. How lonj? have you been living' there?—A. All my life. 

Q. W’ere you registrar at that precinct on the 2d day of last November, and 
before that?—A. Yes, sir. 

Q. I liand you a list of names, and will ask you to look them over and state 
whether or not they voted in your i>recinct on the 2d day of last November.— 
A-. Y"es, sir. 

Q. Mr. Steele, call off the names, please.—A. K. M. Chaffin, (). N. Safrit. V. G. 
Sm th, S. A. Rudisill, .1. D. Osborn. W. T. Caton, R. G. Day vault, R. O. Mc¬ 
Laughlin, S. D. Reef, A. Pi. McDaniel, and L. C. Booe. 

(L You may state whether or not they are between the ages of 21 and 50.— 
A. Yes, sir; all of them are between that age. 

Q. What is the age of the youngest man named on that list?—A. 26. 

Q. Wh at is the age of the oldest man named on the list?—A. 45. 

Q. I bel eve you stated that they all voted at your precinct last November 
election?—A. Yes, sir. 

Q. You may state what fcket they voted.—A. Republican ticket. 

Q. Do they all affiliate with the Republican Party?—A. Yes, sir. 

Q. Did Dr. Cami)bell get the full Republican vote at your precinct?—A. He 
did. 

Q. Have you checked that list with the certified list made by the sheriff of the 
tax books?—A. Y"es, sA’. 

Q. State whether or not any of the names you have just called paid their 
1919 poll tax on or before the 1st day of Ma.v, 1920.—A. The record does not 
show tliat they did. 

Q. The books don’t show it?—A. No, sir. I looked carefully. I don’t think 
a one of them paid. 

« 

Cro.ss-examination by Mr. Adams : 

Q. Y’ou checked this list by the certified list in the clerk’s office which the 
sheriff made of those who had paid their poll?—A. Y"es. sir. 

Q. And none appear on that list?—A. No, sir. 

Q. You did not check this list with the books in the sheriff’s office?—A. 
No, sir. 

Q. IMr. K. IM. Chaffin has not been living in your township very long?—A. 

I don’t know exactl.v. He has made a crop or two there. He lives on Mr. 
John Johnson’s place. 

Q. He moved from Davie County, didn’t he?—A. A"es, sir. 

Q. Do you know where he was living on iMa.v 1, 1919—A. No; I don’t remem¬ 
ber" I don’t remember if he was on Mr. John Johnson’s place or not. 

(i. You don’t know if he had moved in the county up until that time?—A. 

I don’t know. It rather strikes me he had. I would not swear positively. 

(). He might have paid his poll tax in Davie (’ounty for 1919?—A. He pos¬ 
sibly might. I would not swear to that. I am standing by the record here. 

Q. Did you make up that record yon are testifying from?—A. Yes, sir; I 
helped make it. 

Q. Who assisted you in making it iff)?—A. I was over in the office witb 
the registration books. 


1056 


CAMPBELL VS. DOUGHTON. 


(>. Was that to-day or yesterday?—A. To-day. 

Q. Do you know (). N, Safrit?—A. I do. 

Q. How old is he?—A. I could not swear only what the boy told me. 

Q. What hoy?—A. (). N. Safrit. He is a young man. He is 2G. I have 
known him all his life. McLaughlin on the list is 22. 

Q. Did li. (). McLaughlin register before you in 1920?—A. Yes, sir. 

Q. Did he register as 21 then?—A. No, sir; as 22. 

Q. S. A. Kudisall. do you not think he is more than .50?—A. I have his age. 
I looked carefully on the registration l)ooks. On the registration book I think 
it appears there that he was 42 or not over 44. 

(}. Wlien was he registered that way?—A. 1910. 

(>. That would make him about 52 oi- 58 now, wouldn’t it?—A. I counted it 
then. I put it down what I thought it ought to be. I may be mistaken about 
it; kind of guesswork of mine, and if it is an error I did not do it purposely. 

Q. How long has S. D. Reef been there?—A. He came there with a sawmill. 

(J. Where did he come from?—A. 1 think he told me from Davie County; 
now, I am not sure al)out that. 

(C Well, how long has he been there?—A. I just asked him the (luestions 
that the law required me to ask him. 

Q. He was not in your precinct in iMay, 1919?—A. Not to my knowledge. 

Q. He would not be lial)le to pay poll tax in your precinct, then?—A. I 
don’t know. These sawmill people, you can’t keep up with them. You 
hav(‘ to do t with a rush, if you keep up with them. My recollection is that he 
came from Davie. 

Redirect examination by IMr. Craig: 

Q. Mr. Steele, have any of the Republican oflicials up there been con¬ 
victed of some crime or another?—A. The Republican judge was. 

Q. Did he vote?—A. Yes, sir. 

Q. What was his name?—A. .1. A. Cranford. We call him ,Toe. 

(h What was he convicted of?—A. He lives close to me. They found a 
still right in his yard. Went down there and looked at the court record a 
while ago; never knew that he was convicted before. 

Q. What did you find?—A. Found he plead guilty of an attempt to make 
licpior. Put under bond of .$200 and cost to shoAv good behavior for 18 month.s. 

(}. About when was that?—A. 1918. 

Recross-examination by Mr. Adams: 

Q. He was appointed Republican judge to hold the elecCon?—A. Yes, sir. 

(>. As a matter (»f fact, the Democratic officials of this county appoint 
election oflicials?—A. I know they have got an election board. 

Q. And they appoint election ofticials?—A. I think so. I am not up on that 
very well. 

(). How many of that hoard are Democrats; do you know?—A. I suppo.se two. 

Q. And one Republican?—A. Yes. sir. 

(>. And they appointed tins man out there themselves?—A. T suppose so; but 
I thought—I will give my opinion—that eacli side recommended some one. 
That is my opinion about it. 

(>. As a matter of fact, the Republicans have to recommend three in order to 
get one; is that light?—A. I don’t know. 

Q. They have to give them three to pick from?—A. I don't know. 

Q. They i)ick the one that suits them the best?—A. It might be. 

Q. And this man suited them the best?—A, I can't say about that. 

Redirect examination by Mr. Craig : 

(}. As a matter of fact, you know he would not have been a judge up there 
without having been recommended by the Republicans'?—A. I have been told so. 

ii. According to that the Republican member of the board recommended 
him?—A. I have heard it said he was the man they recommended. I am not 
swearing to that. I am not going to swear to anything that I don't know. 

C. L. C()C(HN, witno.ss for contestee, first being duly sworn, testified as 
follows: 

Direct examination by IMr. Woodson: 

(). Where do you live. IMr. Goggin?—A. Salisbury, west ward. 

Q. What position did you bold in the last general election?—A. Emergency 
judge, I suppose you would call it. 


C,^AMPBELL VS. DOUGHTON. 


1057 


Q. In what precinct?—A. West ward. 

Q. Did you serve there?—A. I did. 

Q. As Democratic judge?—A. Yes, sir. 

Q. Were you present when the absentee votes for that ward were opened?— 
A. Yes, sir. 

i}. ^\’llat time did they open them?—A. It was something after 3 o’clock in the 
afternoon. 

Q. As to the best of your judgment, how many absentee votes did you have?— 
A. Between 75 or 100, I would say. 

Q. Describe how they were opened, by whom and whose hands they passed 
through?—A. Mr. T. .1. Roby, the registrar, opened the absentee ballots and 
called out the names to IMr. Winecoff, who checked them. 

Q. Who is IMr. Winecoff?—A. He' was the Republican judge. And handed 
them to me, and I put them in the box—voted them. 

Q. Do you recall what proportion of these absentee ballots were cast for Mr. 
Doughtoii. tbe Democratic nominee for Congress?—A. There were a great num¬ 
ber of these absentee votes that did not contain a congressional ballot. 

Q. Those Democratic?—A. I could not say if they were all Democratic or 
what part of them. A great many of the absentee votes did not contain con¬ 
gressional ballots. 

Q. Was that true with the Democratic ticket with the absentee votes?—A. 
The absentee vote, to the best of my recollection, contained a full ticket other 
than the congressional Democratic ballot. 

Q. Do you know about what per cent was Republican and what per cent was 
Democratic?—A. To the best of my knowledge, I should say something aliout 
like 20 to 25 absentee votes were Republican—^l)est of my recollection. 

Q. And out of the Democratic absentee votes opened there by you all, a hirge 
number of them did not have Mr. Doughton’s ticket in them?—A. Did not have 
any congressional ballot. Mr. Doughton was not in it. 

Q. Do you know how many votes Mr. Doughton ran behind the average Demo¬ 
cratic ticket in the west ward?—A. He ran about 45 or 46 votes behind tlie 
Democratic ticket. 

Q. Did you notice any of the voters coming up to vote in person that day 
failing to vote their full Democratic ticket, including Mr. Doughton’s ticket— 
that is, the Democrats coming in?—A. During the time I handled the tickets 
or assisted I don’t recall any person voting who did not vote the full Democratic 
ticket. On several occasions they did come up and did not pick up the con¬ 
gressional ticket, and we would ask them if they had the ballot, and gave it to 
them to vote. 

Q. So you don’t recall a single Democratic voter coming to vote in person 
who failed to vote a full Democratic ticket, including Mr. Doughton?—A. I do 
not recall. 

Q. So the failure for Mr. Doughton to come up to the Democratic standard in 
the west ward was in the absentee votes?—A. I should think so; yes. 

Q. Mr. Winecoff, in his original testimony in this case, stated that one or 
two tickets for the contestant were not put in the box that were voted there 
that day. Do you know anything about that? Were they thrown out in the 
count and not counted?—A. I recall, I don’t know how many, possibly two or 
three of Mr. Campbell’s ballots had cross marks or three or four marks on 
the tickets, and that came up for discussion, and he decided these ballots 
should be thrown out because they had marks on them. 

Q. Were the marks extending through the names?—A. Not through the 
names, as I recall; had cross marks; in one case I recall had a cross mnrk 
under ’it. One, two, or possible three, of them we took up when we discussed 
it, and got the election law and read in there where it said no ballot should 
be counted when it had any marking or defacing in any way on it, and we 
threw it down. 

Q. At the time the ruling was made on these particular tickets was it known 
whose ticket it was?—A. Not that I know of; going by marks, regardless of 
names. We did not throw it out because it was for IMr. Campbell, or anytliing 
like that; threw it out because it was marked up. 

Cross-examination by ]Mr. Waggonek : 

Q. You were an emergency judge that day?—A. Yes, sir; I suppose that is 
what you would call it; assisting around there; may have been an assistant. 

57695—21-67 



1058 


CAMPBELL VS. DOUGPITON. 


Q. You were in there all the time?—A. Practically all the time from the 
early part of the morning, possible 7.30, until 12,30, and then from 1.30 to 6.30, 
and from 7.30 until 10. 

(J. Who called you in?—A. I believe it was Mr, Martin; I don’t recall. 

Q. Were you sworn?—A. No. 

Q. When this matter came up in regard to these tickets that were marked 
who decided to throw these tickets out?—A. I think it was decided by practi¬ 
cally all in there at that time. Mr. WinecofC talked about it. I don’t think 
it was objected to very strenuously after we looked at tbe election law. 

Q. It was a matter in which he did not consent willingly?—A. Yes; I think 
he did finally. 

Q. He was in the minority?—A. No; there were three other Republicans in 
. there besides Mr, Winecoff. 

Q, At the same time?—A. I think so. 

(,). How many Deinocats?—A. .lust Mr. Manly, Mr. Roby, and I, and Mr. 
B. M. Bowen and Mr. Winecoff and another gentleman, but I have forgotten 
his name, 

Q. Was IMr. Muiphy in there?—A. Not at that time. 

Q. He was in there a good part of the day ?—^A. No; he came in on one 
occasion I think. 

Q. Did he come in one more than one occasion?—A. No; just shortly after 
you did. He stayed a while and went out. 

Q. Stayed how long?—A. I should say 15 or 20 minutes. I was busy at the 
box. 

Q. Is he the man that suggested that Norman Brown be given a transfer to 
the south ward on election day?—I don’t recall. 

Q. Norman Brown was given a transfer on election day?—^A. I don’t know 
what you mean by transfer. There was some discussion that came up about 
Mr. Brown, and Mr. Manly, to the best of my recollection, wrote out some 
kind of receipt or paper certifying that Mr. Brown had been marked off the 
west ward books, or somehing to that effect. I don’t recall. 

Q. These absentee votes you testified to; what per cent did you say of these 
absentees were Republican?—A. I should judge between 20 or 25 per cent— 
that is my opinion. 

Q. You did not look at all of them to see if they contained Campbell tickets?— 
A. No, sir. 

Q. You don’t know if they really contained tickets for Congress?—^A. The 
absentee votes; yes, sir. I said a great many that I voted did not contain 
either Campbell or Doughton congressional tickets. 

Q. There was a number of people who came up and voted in person that did 
not have congressional tickets?—A. Not that I recall. If they did and came 
up to vote we suggested that he get a full ticket and I don’t recall any of them 
that did not vote a full ticket; there might have been, because we voted three 
and four a minute. 

Q. Some did appear without congressional tickets?—^A. Yes, sir. 

Q. And it was at your suggestion that they get congressional tickets?—A. Mr. 
Winecoff, Mr. Manly, and myself. 

Q, They were the ones who voted in person ?—A. Yes, sdr. 

Itedirect examination by IMr. Wo^^i^son : 

Q. What do you do, Mr. Coggin?—A. I am a practicing attorney. 

Q. What /losition did you hold in the Army?—A. A commissioned officer. 

Q. Did you go to France?—A. Y’es, sir. 

Q. Mr. Coggin was IMr. .Tim Waggoner in the polling place in the west ward 
precinct during election?—A. Yes, sir, 

Q. What position was he running for at that time?—A. .Tu’dge of the county 
jourt. 

Q. On the Republican ticket?—A. Yes, sir. 

(I, Did he confer with you or the Republican judge?—A, I dont’ recall what 
Mr. Waggoner did when he came in, but he stayed in there, to the best of my 
recollection, between 10 or 15 minutes, and I believe that he made the remark 
that he had come in to pay his water bill or something to that effect, and was 
asked to get out or something. He said he came in to pay his water bill. I 
don’t know if he did or not. 

Q. Did Norman Brown, who he was just asking about, vote in the west ward 
precinct on that day?—A, Not to my knowledge. 

Q. Did Mr. Winecoff challenge anyone that day?—A. I could hardly say— 
not a regular challenge; no. Just discussed practically every vote and said, “ I 


CAMPBELL VS. DOUGHTON. 


1059 


challenge him?” 

and he ^aid, Jso, hut I don t know him.” No formal challenge. 
Kecross-examination by Mr. MLvggoner : 

Q. M here were the polls held?—A. In the water office. 

g. And people came in there to pay water rent that day?—A. I don’t know. 

A A- f disturbed or interrupted by anyone?— 

A. Not at all. 

Q. Did I come over to the box or did I go over to the window where the ladv 
wa^ recmVIng water rent?—A. I don’t recall jii.st what yon did. 

D. VVhat did Mr. IMui-phy do in there—did he pav his water rent’_A I 

don t know. I did not ask him. 

Q. He was there at the polling place quite a while?—A. I would say 10 or 
15 minutes. 

Q. He was a candidate for election?—A. Yes, sir; I think so on the Demo¬ 
cratic ticket. 


Mr. JOHN MANLY, witness for contestee, recalled, testified as follows: 

Direct examination by Mr. Woodson : 

Q. \Vhere do you live, Mr. Manly?—A. IVest ward, city of Salisbury. 

Q. What is your occupation?—A, W’^ith the clerk of the superior court— 
deputy clerk. 

Q. WGiat position^ did you hold in the general election of 1920?—A. Demo¬ 
cratic .I'lidge of the west ward. 

Q. W’ere you present on election day?—A. Yes, sir; from the opening of the 
polls until closeil, besides from 3 o’clock until half past 4. 

Q. Read off the names I hand you.—A. J. E. IMesimore, J. O. Brown, C. M. F. 
Graham, G. L. File, P. A. Surratt, John Nail, C. B. Leonard, L. D. Coble, N. R. 
Goodman, Wmlter Goodman, Wh A. Sills, C. B. Leazer, B. M. Bowen, Robert 
Long, K. L. Cress, I. A. Nussman, N. C. File, W^alter Mesimore, Burley Yost, 
P. L. Reavilia, C. S. Parrish, Wh N. Albright, D. C. Poster, J. A. Leech, I. T. 
Burney, R. P. Armstrong, J. V. Richardson, John Russell, J. L. Stilla, H. A. 
McDaniel, E. R. Cress, T. E. Tunis, J. T. Tillinghess, Wh H. W^allace, J. Wx 
Saunders, R. E. Lowder, U. A. Dry, J. P. Spencer, E. L. Cnrgee, H. A. Parks, 
W. B. Taylor, D. E. Ray, A. S. Parks, J. M. Bost, and C. H. Sherwood. ' 

Q. Mr. Manly, have you checked these names with the registration books to 
see what the ages are of these men?—A. They range between 21 and 50. 

Q. Did this list of names vote in the west ward?—A. Yes, sir. 

Q. Do you know what ticket they voted?—A. Yes, sir. 

Q. And what party they are affiliated with?—A. Republican Party. 

^ Q. To the best of your knowledge and belief they voted the Republican 
ticket?—A. Yes, sir; to the best of my knowledge and belief, and a number 
included Dr. Campbell for Congress. 

Q. Have you checked this list with the certified list of the sheriff, of the poll 
taxes paid on or before the 1st day of May, 1920, in Rowan County?—A. 
Yes, sir. 

Q. Did you find any persons in this list just read that had paid their poll 
tax for 1919 on or before the 1st day of May, 1920?—A. No, sir; none appear 
on the certified list that I could find. 

Q. And you checked it thoroughly?—A. Y^es, sir. 

Q. I hand you another list of Republican voters; will you please read?—A. 
W. H. Hincenian, W. H. Kirk, W^. Aldridge, W'alter J. Holt, George T. Russell, 
L. E. Ballard, and W. H. Heilig. 

Q. Did these men vote in the west ward precinct in the last general elec¬ 
tion?—^A. Yes, sir. 

Q. WJiat are their ages?—^A. Range between 21 and 50. They are in poll- 
tax age. 

Q. What ticket did they vote?—A. Republican ticket, to the best of my 
knowledge. 

Q. Are they soldiers?—A. Yes, sir; the last named were soldiers. 

Q. I hand you another list, Mr. Manly; please read.—A. W. N. Henderson 
and Dan Hartman. 

Q. Did they vote in the west ward precinct in the last general election?—A. 
Yes, sir. 

Q. What ticket did they vote?—A. Republican. 

Q. Were the names dulv on the resristmtion book?—A. No. sir. 


1060 


CAMPBELL VS. DOUGHTON. 


Q. Then they are not duly qiialilied voters of the west ward precinct?—A. 
They did not appear on the registration books. 

Q. Now, Mr. Manly, I ask you about J. S. Corriher; did he vote in the west 
ward in the last general election? Do you know who he was?—A. He was in 
the Army ; that is the information I have. I don’t know the man at all. 

(The contestee offers the following evidence in rebuttal to challenges made by 
the contestant of Democratic voters in the west ward precinct of Salisbury, 
N. C., in the last general election:) 

Q. I asked you about J. S. Corriher?—A. It is my information that he was 
in the Army. 

Q. K. L. Cress?—A. My information is that he was in the Army. 

Q. E. W. Fetzer?—A. He was in the Array. . 

Q. B. F. Williams?—A. The information I have is that he paid poll tax in 
Mecklenburg County. I got my information from the sheriff of Rowan County. 

(}. On what ground was he challenged?—A. He was challenged for the non¬ 
payment of poll tax. 

Q. B. F. Mitchell?—A. B. F. Mitchell was in the Army. 

Q. P. D. Clark?—A. The information that I have was that Mr. Clark paid 
poll tax in Iredell County. 

Q. W. H. Crawford?—A. W. H. Crawford was in the Army. 

Q. F. W. Fuller?—A. F. W.,Fuller was in the Army. 

Q. C. A. Peck?—A. C. A. Peck was in the Army. 

Q. W. L. Miller?—A. He was in the Army. 

Q. Herman Buller?—A. He was in the Army. 

Q. C. A. Hughes?—A. He was in the Army. ' ' 

Q. .1. T. Burney?—A. My information is that he is 35 years of age and voted 
the Republican ticket and challenged l)y ]\Ir. Bean. I think he was in the 
Army. 

Q. Ollie T. Ragan?—A. He was in the Army. 

Q. .1. R. C. Allen?—A. He was in the Army. 

Q. Olis Gallimore?—A. In the Army. 

Q. Price P. Beard?—A. In the xVrmy. 

Q. P. E. Lewis?—A. He was in the Army—Red Cross work; he is 47 years 
old. 

Q. D. E. Daniels?—A. In the Army. 

Q. C. S. Gore?—A. He was in the Army. 

Q. S. H. McCubbins?—A. In the Army. 

Q. H. S. Cuthrell?—A. He was in the Army. 

cy .1. F. Hartman?—A. In the Army. 

(y J. A. Rynan?—A. In the Army. 

(}. Harry Gore?—A. In the Army. 

Q. E. J. Walton?—A. In United States service—in munition service. 

Q. Harry F. Ryan?—A. In the Army. 

Q. J. P. Silencer?—A. In the Army. 

Q. Alfred Bearborn?—A. He was in the Army. 

Q. A^’ere any of these soldiers challenged at the time their votes were cast 
by anyone?—A. As I recall, not a single challenge. 

Q. What was the understanding that the .ludges and registrars had about 
the soldier boys?—A. It '.vas generally understood by everybody about that they 
were not recpiired to pay poll tax. 

(y Was that on account of the order of the county commissioner, exemi)ting 
soldiers from the payment of poll tax?—xV. I suppose so—Sheriff Krider re 
fused to take tax on that .ground, and that was the reason for voting them. It 
was gefierally understood and an agreement between the parties. 

Q. It was generally understood and agreement that sold ers were not to be 
challenged on account of i)oll tax, and would not be required to pay poll tax?— 
A. Yes, sir; that was at least my understanding. 

Q. Was it not generally so?—A. Yes, sir. 

Q. Y^ou know as a fact—did you see the order that the commissioners did 
make an order exempting soldiers?—A. 1 don’t know if I ever saw it. I know 
that it was made. 

Q. I hand you a Pst of absentee voters who were challenged by the con¬ 
testant through IMr. E. H. Bean, of Salisbury, representing voters who voted 
in the last general election in the west ward precinct of the city of Salisbury. 

I will ask you first as I call the name to give what information you have about 
them. W. C. Gorman?—A. He was in the Army. 

(}. S. A. Blackmer?—A. He was in the Army. 


CAMPBELL VS. DOUGHTON. 


1061 


(}. S. H. M iley?—A. In consul service, Government service. 

(}. C. S. Denny?—A. He was and still is in the Army, 

Q. R. L. Ramsey, jr. ?—A. In the Army. 

Q. F. E. liearhorn ?—A. He was and is now in a Government hospital. 

Q. Mas he in the Army?—A. Yes, sir, 

Q. J. F. Cathey?—A. He is exempt from poll tax on account of having'but 
one eye. 


Q. 

Q. 

Q. 

Q. 

Q. 

Q. 

O. 


J. A. McKenzie?—A. In the Army. 

James Hambly?—A. In the Army. 

\V. H. Hardin, jr. ?—A. He was in the Army. 

M iley Pickins?—A, He was in the Army. 

Prest Riifort?—A. He was in the Army. 

J. R. C. Allen ?—A. He was in the Army. 

J. D. Layerence?—A. He was challenged on the account of nonresidence. 
As a matter of fact he has never moved his residence. 

Q. M’here is his home?—A. His jn-operty is still here, to my beat knowledge 
and belief—he was never moved. 

Q. R. P. Thompson?—A. In the Army. 

Q. Henry B. Nichols?—A. In the Na\T. 

Q. Norman Brown?—A. He never voted in the west ward, I understand he 
voted in the north ward. 

Q, He is the man that Mr. Coggin was talking about a while ago?—A. Yes, sir. 

Q. AVas his name erased from the west ward records?—A. Yes. sir; and he 
was given a certificate saying that bis name had been erased from the west 
ward book, and signed by the registrar. 


(}. He was not allowed to vote in the west ward?—A, No, sir, 

Q, His name does not appear on the west ward registration book?—A. No, sir. 
(,). ^lary Pool?—A, She is the daughter of Dr Pool. All the information I 
have is that she was here at that time, and married onlv a short time ago, and 
left here. 

Q. I will ask you another question about Dr. Campbell’s vote in tbe west 
ward precinct; did he run along with the Republican ticket and Mr. Holton?— 
A. Dr. Campbell, in the west ward, got 14 more in the west ward than iMr. 
Holton, the Republican candidate for the L’^nited States Senate, in the west 
ward. 


Q. ]\Ir. Manly, how did Mr. Doughton run compared with the other Demo¬ 
cratic nominees, if you know, in the west ward?—A. He run from 40 to 49 
behind Mr. Overman and Mr. Morrison and the balance of the ticket. 

Q. Was there any comment made on it at that time?—A. Very little, if any. 
I did not hear much; I was not tliere and the votes were handled by ]Mr. Roby, 
Mr. Coggin, and Mr. Winecoff. 


Cross-examination by Mr, Adams ; 

Q. You were speaking of the vote in this ward, I believe you stated that Dr. 
Campbell ran ahead of the ticket?—A. I said he ran ahead of INIr. Holton, who 
was running for the United States Senate and ran just a little behind the 
electoral ticket. 

(}. Mr. Holton was running on the Republican ticket?—A, Yes, sir.- 

Q. And he was running against INIr. Lee S, Overman?—A. Yes, sir. 

Q. And this ward was Mr. Overman’s ward?—A. No, sir; north. 

Q. He lives in town?—A, Yes, sir. 

Q. Dr. Campbell ran ahead of INIr. Holton here?—A. Yes, sir. 

Q. MTiich was very complimentary to Mr. Overman, it being his home town?— 
A. His home town should have given him a good vote. 

Q. As a matter of fact, Mr. Holton was due to fall behind?—A. No, sir. 

Q. In these wards in town it is as a matter of fact that the congressional 
ticket has run ahead with the general county ticket?—A. I don’t know. I am 
not in a position to know. I could answer your question by looking at the 
records. 

Q. As to this poll tax, you checked your list against the certified list of the 
sheriff downstairs?—A. Yes, sir. 

Q. And that is the procedure of these checks coming up to-day and yester¬ 
day?—A. I only answer to mine. 

Q. You heiird tbe sheriff here to-day?—A. No, sir; as to different individuals, 
I have no knowledge. 

Q. I )id you hear the sheriff swear that he would not swear that his certified 
list was correct?—A. I did not. 


1062 


CAMPBELL VS. DOUGHTON. 


Q, How did P. D. Clark vote?—A. No, sir. He was challenged by IMr. Bean 
or Mr. Winecoff as a Democratic voter. 

Q. Did he vote an absentee or do you know?—A. No, sir; he voted in person. 

Q. Mr. K. V. Tharpe was in Iredell County?—A. I don’t know; he may have 
voted an absentee vote; I don’t know. 

Q. You have not checked it yourself?—A. No, sir. 

Q. Do you know a man named Percy Clark who lives on the Catawba River?— 
A. No, sir. 

Q. Do you know where he was on election day?—A. No, sir. 

Q. I believe you called the name of J. P. Spencer. I believe you challenged 
him for not paying his poll tax?—A. No, sir ; he was challenged by the contestant, 
and I said he was 25 years old and in the Army. 

Q. Look at U. A. Dry?—A. I would have to have that list before I could an¬ 
swer your questions. 

Q. Look through your list?—A. I have not got it here. INIr. Woodson has gone 
out with it I think—wait a minute—U. A. Dry- 

Q. What is the next name?—A. J. P. Spencer. 

Q. It appears in your Republican challenges—he is a Democrat, isn’t he?— 
A. I dont’ know. Seems that both sides challenged him. 

Q. Did he not stay at Spencer with his car and haul in Democrats?—A. I 
don’t know, sir. 

Q. Do you know Mr. Dan Hartman?—A. Yes, sir. 

Q. How old would you say he was?—A. Eighty odd years. His son told me 
that he was over that and voted a Republican ticket. 

Q. How long has it been since you have had a new registration in this 
county?—A. Never have had one that I know of. I have been here for about 
30 years. 

Q. How about W. N. Henderson?—A. He is between the ages of 21 and 50. 
Never made any inquiry, just say that he was in poll-tax age. I saw Mr. Hen¬ 
derson was on the registration book. 

Q. About how old is he?—A. I don’t know. He did not register, and I could 
not find his name. I checked carefully two or three times. 

Q. This transcript you gave this man to another ward—the registrar just 
made up a certificate?—A. I wrote it foi* him. Mr. Roby was very busy, and it 
just stated that “ Norman Brown was era.sed from the west ward book ” and 
did not authorize him to be voted anywhere. If they voted him, then that was 
all right. 

Q. On the certificate did you state that he was entitled to vote somewhere 
else?—A. No, sir. As my recollection is, his name had been erased from the 
west ward, and I was careful not to put anything else. 

Q. He was living here in this town?—A. Yes, sir; all his life I think. 

Q. Do you know W. B. Taylor?—A. No, sir. 

Q. Know anything about his age?—A. I checked it with the registration books 
and he appears between tlu^ ages of 21 and 50. 

Q. Is he the owner of the Chero Cola place?—A. There is a Taylor who owns 
it, if this is the same man I don't know it. 

Q. That Taylor down at the Chero Cola Plant is a Democrat, isn’t he?—A. I 
don’t know. I don’t think he is. 

(}. How about I. A. Nussman; do you know him?—A. Yes, sir. 

Q. Do you say that he has not paid bis p(tll tax?—A. Does not appear on 
the certified list. 

Q. He is a Democrat, isn't he?—A, From all the information I have he is not, 

Q. That is the “lumber man’’?—A, He is a young man—I. A. Nussman. I 
know of him. Have had dealings with him in the office. I know him all right. 

Q. As to poll tax, you did not check Mr. Sheriff’s records?—A. Not against the 
tax books, just against the certified list. 

.T. C. KESSLER, witness for contestee, first being duly sworn, testified as 
follows: 

Direct examination by IMr, Caklton : 

Q. Your name is J. C. Kessler?—A. Yes, sir. 

Q. You were registrar in the east ward iirecinct in the last November elec¬ 
tion?—A, Yes, sir. 

Q. You had charge of the registration books during the regular registration 
period?—A. Y'es, sir. 

Q. Were yoii present on the day of election at your polling place?—A. I was. 

Q. Were you there throughout the entire day?—A. Yes, sir. 



CAMPBELL VS. DOUGHTON. 


1063 


Q. Mho else was present in your precinct tliat day?—A. AV. T. li. .Tenkins, 
the Democratic judge, INIr. B. L. Austin, the Republican judge. 

Q. Who received the absentee votes in your preciiict?—A. I received the 
absentee votes. 

(). You took them over to the ])olling place on the day of election?—A. I took 
them over to the polling place on the day of election. 

(h M’ho handled the absentee votes in your prec.nct after they were taken to 
the polling place?—A. The registrar and both judges. I clipped the end of the 
envelope, passed one ballot to the Republican judge and one to the Democratic 
judge and vice versa until the ballots were cast. 

Q, MTien did you begin voting the absentee votes?—A. At 3 o’clock or soon 
thereafter. 

Q. Did you notice whether or not there was a congressional ticket in each 
absentee vote?—A. I did not see a ballot. P.oth the Democratic and Republican 
judges made the statement during the time that the ballots were being cast, that 
“ these people do not want to vote for a Congressman.” 

Q. Mhis that statement made by the judges more than once?—A. Several 
times—many times. 

Q. Was there any estimate made by the judges as to the number of absentee 
ballots that did not have a congressional ticket in them? 

(The contestant objects to the estimate of the offic als pertaining to the num¬ 
ber of votes, as he handled all the votes and had an opportunity to count them.) 

A. As I stated before—I stated that these people voting absentee ballots did 
not want to vote for a Congressman. 

Q. ^Vas that Democratic or Republican ballots for Congress you are speaking 
of?—A. Speaking about absentee ballots which contained both Democratic and 
Republican ballots. 

Q. AVas any suggestinon made that they were scratching Dr. Campbell on the 
Republican tickets?—A. There was no suggestion made about who was being 
scratched ; they did say this: That when the ballots had been counted, that 
Congressman Doughton ran 49 behind .Timmie Cox. 

Q. M"as that in the east ward precinct?—A. East ward precinct; I think it 
was 49. The record will show. 

Q. Mr. Kessler, was there anything said about Dr. Campbell running behind 
or ahead of his ticket?—A. They said Dr. Campbell ran with Mr. Harding; the 
record will show how that is. 

Q. Mr. Kessler, was there any disturbance at the polling place on the day of 
election?—A. No disturbance until late in the afternoon. iMr. Mallie Gantt 
came down and handed in his certificate marked “ Republican,” meaning to vote 
this certificate on Republican ticket. It was open. He just had it in Ids hand— 
the certificate in his hand, and presented it and handed it to me, and I took the 
certificate and said “All right,” and laid it aside with the other absentee ballots. 
Then he said, “ AVe want somebody in here to-night to help you count the bal¬ 
lots,” and I said, “ You are entitled to one to help count the ballots.” The 
Democratic judge said, “ What I sign for I am going to count,” and I said to 
the Republican judge, “ Mliat do you say? ” and he said, “ If I must be respon¬ 
sible for the count I ought to count them myself and not take somebody that 
is not qualified to count the ballot.” M"e agreed finally that he might put some 
one in to help count the ballot, and he did. 

Q. While your ballots were being counted there were present two Republicans 
and two Democrats?—A. Correct. 

Q. AVho is Air. Gantt that you mention?—A. Air. Gantt is an official of the 
Republican executive committee of Rowan County. I do not know what member 
he is, but he is a member of the executive committee of the county. 

Q. And was at the time of election?—A. Yes, sir. 

(). AVere any challenges made on the day of election?—A. Yes, sir. 

Q. AA'ere they heard?—They were. 

Q. And passed on?—A. And passed on. 

O. Air. Kessler, were the challenges made by the Democrats or Republicans?— 
A. They were made by the Republican judge on absentee ballots. 

Q. AA'ere his challenges allowed or sustained?—A. On every charge he made 
on the absentees I agreed with him and the Democratic judge agreed with him, 
and they did not vote. No challenges to anyone who appeare<I in person and 
voted in i)erson. 

Q. And no votes were counted where challenges had been made?—A. No votes 
cast. 

(}. Air. Kessler, I notice from the record in the hearing of the contestant that 
Air. E. H. Bean challenged quite a number of voters in your precinct, and esi>e- 


1064 


CAMPBELL VS. DOUGHTON. 


cially about 75 which he claimed to have taken from a list he presumed to 
he the absentee voters in that precinct. I hand you here a list made up from 
the list challenged by Mr. Bean in your precinct, as he'ng nonresidents and 
unqualified voters in your precinct for the 1920 election ; will you read that list, 
please?—A. O. P. Barnes, L. E. Beaker, B. B. Davis, .John Dwire, D. R. Epton 
(is D. R. Efird), John Ford, J. D. Lewis. J. F. Martin, J. H. McPeters, John 
Menius, J. H. Monroe, Charles Owens, A. O. Rainey, M. Feldman, ('Charles Spain 
(is Charles Spam), Henry Summers (is Harry Simmons). 

(). Did you examine the registration hooks to see if they properly reg stered?— 
A. I have. 

Q. All on your registration book?—A. They are. 

Q. Your registration hook shows that they did register?—A. It does. 

Q. And their ages?—A. And their ages. 

(). Have you investigated and examined the sheriff’s certified list and the 
sheriff’s hooks as to the payment of poll tax of these gentlemen for 1919 prior 
to May 1, 1920?—A. I have, with his associates. 

Q. Did they pay their poll tax according to this record?—A. The record shows 
they have. 

(). IMr. Kessler, I hand you another list taken from the list of voters chal¬ 
lenged by Mr. E. H. Bean, as being nonresidents and unqualified to vote in the 
east ward, will you please read that list?—A. W. P, Andrews, J. A. Parker 
(is J. T. Barker), H. A. Bullen. B. W. Carter (is E. W. Carter). Ed. N. Courts, 
J. W. Davis (is L. W. Davis), W. A. Beal (is W. A. Deal), Sam T. Dorsett, R. A. 
Gobble, C. P. Guyer, F. F. Smith, P. S. Smith, W. H. White, and .1. R. Monroe. 

Q. Did you examine your registration book to see if the last list of names 
you read are properly registered in the east ward?—A. I did. 

Q. Did you find them there?—A. I did; they are there; registered. 

Q. Were the names you last read over 50 years of age on the 1st day of iVIay, 
1919, according to the registration book and other information you have been 
able to gather?—A. They are. 

(). The last list, then, are not liable for poll tax for the year 1919?—A. That 
is the record ; yes, sir. 

Q. Mr. Kessler, I hand you another list of names taken from the list of voters 
challenged by the witness, E. H. Bean, on the gi’ound that they were nonresi¬ 
dents and for other rea/?ons not qualified to vote in the east ward, will you 
please read that list?—A. U. J. Allen, T. J. Bailey, D. P. Cagle, T. J. Connor 
(is T. J. Cowson), A. W. Coats. A. S Love, E. P. Duston (is E. P. Danton), 
S. M. Earnhart, B. G. Earp, Charles Edwards. T. E. Grimes. E. P. Hall (is S. P. 
Hall), B. I. Hoffman, William Howell, Ed. W. .Tones, Will Reagan (is Walt 

Keegan). M. W. King, A. W. IMyers, E. W. Nail, E, T. Taylor. Ed. W. Young. 

Q. Is this last list of names you read properly registered on the registration 
book in the east ward?—A. They are. 

Q. Does your book show their ages?—A. It does. 

Q. Were these last names under 21 years of age on the 1st day of May, 1919, 
according to the registration book, and other information you could get?— 
A. They were. 

Q. Then this last list would not be liable for poll tax for 1919, according to 
your investigations?—A. They would not. 

Q. I hand you another list, Mr. Kessler, taken from the list of voters chal¬ 
lenged by the witness Bean in the east ward, will you please read those 

names?—A. Miss Lettie Kearns, Mrs. J. P. Martin, Mrs. Lillian McITters, and 
Mrs. Nancy Morgan. 

Q. They are names of women voters in the east ward?—A. They-are. 

Q. Mr. Kessler, do you remember whether these ladies voted in person or by 
absentee votes?—A. Part in person and part by absentee votes. 

Q. They are all on your registration books?—A. Yes, sir. 

Q. And qualified voters in the east ward?—A. They are. 

Q. Mr. Kessler, 'I hand you another list of voters taken from the list of 
voters challenged by the witness E. H. Bean in the east ward for nonresidence 
and nonpayment of poll tax, etc. Will you please read that list?—A. E. B. 
Denny, Leonard Henderson, Thomas Murphy, jr., Robert Nicholson, W. T. 
Rankin, and J. O. White, jr. 

Q. Were these list of names registered in your precinct?—A. They were. 

Q. Do you know whether or not they were in military service or in the Army 
or Navy?—A. They were, all the last list either in the Army or Navy. 

Q. Before they went into service were they bona fide residents of the east 
ward precinct?—^A. They were. 


CAMPBELL VS. DOUGHTON. 


1065 


Q. And they are all on the registration book, I believe I asked yon that 
a while ago?—A. They are. 

Q. Mr. Kessler, I hand yon another list of names which von will please 
read?—A, George M. Shnpin, L. B. Shnlenberger. C. S. Freeman, C. A. Hess, 
R. W. Fink, L. W. Ludwig, G, IVI. Koontz, Jess Ennis, R. Russell, Luther 
Hagler, J. L. IMenins, E. M. Keith, R. B. Beck, E. D. Dohy, W. C. Brown, R. W. 
Elmer, and Lewis Henharrier. 

Q. Did this last list of names vote in yonr precinct in the 1920 election?—• 
A. They did. 

Q. Do yon know how they voted—do you know their reputed politics, 
whether Democrats or Republicans?—A. I do. Republicans. 

Q. According to the names as entered on the registration hook and ages, ‘and 
according to the ages you found on the tax hooks and other records, and from 
other information which you gathered were these men, whose names you have 
.iust read, all between the ages of 21 and 50 on the 1st day of May, 1919?— 
They were. 

Q. Have you investigated the sheriff’s certified poll-'lax list and the tax 
books to find out whether or not these genlemen paid their 1919 poll tax on or 
before the 1st day of May, 1920, in the township in which they live?—A, I did. 

Q. How did you find it?—A. Not paid. 

Q. None of the last list you read there had paid their poll tax on or before 
the 1st day of May, 1920?—A. They had not according to the record. 

Cross-examination by IMr. Wag,goner: 

Q. IMr. Carlton asked ja)u about the disturl)ance which took place at the poll¬ 
ing place of the East ward; was there any disturbance on the part of anyone 
that day?—A. None there except what I stated. 

Q. You did not mean to say that IMr. Gantt created a disturbance?—A. Noth¬ 
ing more than I state. He seemed to be excited and could not cool himself, 
and angry at the position we took when we told him that we needed no one 
to help. 

Q. No disturbance?—A. No fight took place. He was angry because we told 
him that we did not need help to count. 

Q. Mr. Ke.ssler, this list of names that you testified as being over 50 .vears of 
age, beginning with W. P. Andrews. Do you know any of these people, in 
person?—A. I do not. 

Q. You don’t know if they are over 50 or not?—A. I do. 

Q. l^ou would not swear that they are 45?—A. I would say that they are 
over 50 from the record made. 

Q. Did you make the record?—A. I did not. 

Q. Do you know when it was made?—A. It will show for itself. 

Q. What record is it?—A. Record of registration. 

Q. When was it made?—A. I don’t know. 

Q. When were the registration books made for your precinct?—A. Since they 
began voting in the east ward. 

Q. If a man dies, how do you tell he is not entitled to vote?—A. He is 
marked “ dead.” 

Q. If you don’t know he is <lead, and you are not notified of it, and .someone 
sends in'an ab.sentee ticket to vote him, you vote him?—A. Don’t vote no dead 
men in the east ward. 

Q. How about this man J. R. Monroe, was he dead on election day?—A. Not 
to my knowledge. 

Q. He voted?—A. Y"es. sir. 

Q. And an absentee vote cast?—A. I don’t know. 

Q. Did he vote in person?—A. He voted. 

Q. You don’t know that he is dead?—A. No, sir; I don’t. 

Q. When was the last time you saw Mr. Kessler, this man J. R. IMonroe?—A. 
I don’t know if I have ever seen him—I may have seen him. 

Q. I will ask you if you don’t know that he has been dead 10 years?—A. Who 
you talking about? 

Q. Old Sheriff Monroe’s son Boh?—A. He never lived or registered in the 
east ward. 

Q. As a matter of fact, you don’t know about the names here except as they 
appear on the book?—A. I'know Bob never lived or registered m the east ward. 

Q. Do you know any other J. R. ?—A. I do not. 

Q. Did vou ever know J. R. or Bob?—A. I may have; I don’t know. 

Q. Do you know that he is dead?—A. Who, Bob Monroe; I know him 
mighty well. 


1066 


CAMPBELL VS. DOUGHTON. 


Q. Do you know that he is dead?—A. I know that Bob Monroe is dead. 

Q. Do you know J. T. Parker?—A. I do not. 

Q. E. W. Parker?—A. I do not. 

Q. L. W. Davis?—A. I do not. 

Q. W. A. Clark?—A. I may know them; I don’t know whether I do or not. 

Q. Do you know Sam T. Dorsett?—A. Yes ,sir. 

Q. Know if he voted in person or absentee?—A. Absentee. 

Q. Where is he—A. Washington, D. C. 

Q. Do you know how long he has been there?—A. I do nou. 

Q. Is his home here?—A. His home is in the east ward when he lived in- 
Salisbury for the last four years. 

Q. You don’t know how long he has been gone away?—A. No, sir. 

Q. Do you know R. A. Gobble?—A. Do not know him. 

Q. C. P. Lylerly?—A. I don’t know whether I know him or not, Mr. Wag¬ 
goner. 

Q. Do you know F. F. Smith?—A. I do. 

Q. Where does he live?—A. In Salisbury. 

Q. What does he do?—A. He is a show man. 

Q. Does he make him home here?—A. His home in the winter is in Salis¬ 
bury. In the summer time he is traveling, away most of the time. When in 
his winter quarters he is here. 

Q. When did he spend his last winter here?—A. Spent every winter here- 
since Spark’s came here first. 

Q. Who is F. S. Smith?—A. Another one of the show men. He stays here- 
during the winter time. F. F. Smith belongs to this Elks’ lodge here—lives 
here. 

Q. These men that you testified to here as being under 21—U. .1. Allen; do 
you know him, personally?—A. I don’t know these young fellows. I know the 
fellows who came up when I did, but not when you did. Mr. Waggoner. 

Q. This fellow Walt Keegan—he is the professional wrestler?—A. He lives 
here in the winter time. 

Q. When the show goes out of business he goes about and wrestles any¬ 
where?—A. He is with the Brown-Smith show. 

Q. How about B. I. Hoffman?—A. He lives on East Liberty Street, son of 
Mr. N. C. Hoffman. He is now in college at the University of North Carolina. 

Q. Do you know whether he voted over there or not?—A. No, sir. He was 
here and fixed up his absentee ballot when he was home. 

Q. Did he vote by certificate?—A. By absentee ballot. 

Q. What time was he here?—A. Here during the fall sometime and fixed 
up his ballot. 

Q. How did he get his tickets?—A. I don’t know anying abont that. 

Q. The tickets are in the custody of the chairman of the election board?— 
A. T suppose they mailed it to him. I don’t know. He was here and registered 
in the fall. 

Q. Ed. W. Young; do you know him?—A I might; I don’t know that I 
know him. 

Q. E.T.Taylor?—^A. I don’t know whether I know him or not; I know a 
young hoy Taylor but don’t know if it is him or not. 

Q. A. W. INIeyers?—A. Don’t know if I do or not. 

Q. D. W. Nail; do you know him?—A. I don’t know that I don’t or don’t 
know that I do. 

Q. Do you know A. P. Banton ?—A. I don’t know him; I don't know that 
I do. 

Q. T. .1. Cowson?—A. There was a young man that lived here—I don’t know 
that I know him or that I don’t know him. All I know is he registered and 
voted, and the poll book shows it. 

Q. He voted a Democratic ticket?—A. I could not tell you. I did not touch- 
a ballot that day. I don’t know about how they vote<l. I know some of them 
are reputed Republicans. 

Q. Do you know O. F. Barnes?—A. I do not. 

Q. L.E. Beaker?—A. I do not. 

Q. I will ask you, Mr. Kessler, if you know any of the following names— if 
you know these people whose names I will call, in person. R. B. Davis'?—A. 
IMr. Waggoner. I don’t know if I can get the record clear about what I would 
like to say. The young folks that come up to me and say, “ Howdy do, Mr. 
Kessler,” I know them but I don’t know what their names are. 

Q. This, Mr. Kessler, is a list of those who have paid poll tax and voted an 
absentee ticket.—A. I don’t know whether they voted absentee tickets or not. 


CAMPBELL VS. DOUGHTON. 


1067 


Q. This is the list yon testified as votin" absentee tickets?—A. I have never 
testified to absentee l)allots. I don’t know who voted absentee tickets. 

Q. Is there any way for you to find out who did vote absentee tickets?— 
A. No way that I know of. 

Q. How did you keep a record of the absentee votes on election day?— 
A. Idaced the names upon the records as they voted. 

Q. hen you opened the absentee tickets you did not vote anyone else at 
that time until they were counted?—A. I figure not. 

Q. A^oting held up until they were voted?—A. Yes, sir. 

Q. Then you could get to your record and you would he able to <lesignate 
these names that were voted as absentee tickets, wouldn’t you?—A. I could 
begin at a certain place and end at a certain place and call the hunch l)etween 
there the people who voted absentee. 

Q. You don’t know if J. R. Upton or D. R. Efird voted in person or ab¬ 
sentee?—A. D. R. Efird voted absentee. 

Q. Do you know him in person?—A. I do. 

Q. Where is he?—A. He lives on the corner of Long and Kerr Streets and 
did on the day of election. He has been living there a long Mdiile. 

Q. He voted absentee ticket?—A. He did. 

Q. Did John Ford?—A. I don’t know whether he did or not. 

Q. J. D. Lewis?—A. Voted absentee ticket. 

Q. Do you know him personally?—A. Yes, sir. 

Q. Where is he?—A. I do not know. 

Q. AVhere was he on election day?—A. In High Point. 

Q. How long has he been there?—A. I don’t know; he is working over there. 

(}. Do you know if he voted there?—A. I do not. His wife and home is here. 

Q. .1. A. AlcPeters?—A. A'oted absentee. 

Q. Do you know where he is now?—A. I don’t know where he is now. On 
elect'on day he was in the east ward; that was his home. He was on the road. 
He is express conductor. 

Q. Do you/ know John Menius and did he vote absentee?—A. I don’t know, 
Mr. Waggoner. 

Q. Did J. H. Monroe vote absentee?—A. Voted absentee. 

Q. Do you know him?—A. Yes, sir. 

Q. Where was he on election day?—A. Either at Bri<lgewater or Asheville 
is my information 

Q. You don’t know if he voted in Asheville?—A. I don’t know; he lives on 
the corner of Counsel and Shaver Streets. 

Q. Is he a married man?—A. Yes, sir. 

Q. Does his wife live here?—A. Yes, sir. 

Q. D d he live there on election day?—A. Yes, sir. Lived there many years. 

Q. Charles Owen?—A. I don’t know if I know him or not. 

Q. Do you know how he voted, if he voted at all?—A. He voted; I don’t know 
whether absentee or in person. 

(}. A. C. Rainey?—A. A. G. Rainey voted absentee, I think. 

Q. Where does'he live now and where did he live then?—A. I think on North 
Clay Street with h s father. 

Q. Do you know where he was on election day?—A. No, sir. 

Q. Who is M. Feldman?—A. He is a show man. 

(}. Is he one of these winter quarterers?—A. Yes, sir; he is with the Brown 
& Smith show. 

Q. How many months in a year is he here?—A. I don’t know how long he 

stays in winter quarters. I just know him when I see him. 

Where does he stay when he is here?—A. At the Ford Hotel. 

Q. Did he vote an absentee ticket?—A. I think he did. 

Q. Charles Spam?—A. I don’t know that I know him and don’t know that I 
don’t. 

Q. Harrv Simmons?—A. Another show man. 

Q. Just like the rest?—A. Yes, sir; lie comes here witli the Sparks and that 

bunch. . . 

Q. How long has it been since Thomas IMurphy, jr., lived here, Mr. Kessler?—A. 

Since he lived here—this is his home. He is in the Na\y. 

O. Is he a married man?—A. IMy information is that he is s.ngle. 

Q. Don’t you know that he is man-ied and his wife is in Norfolk?—A. My in¬ 

formation is that he is single. 

Q. Do you know W. L. Rankin?—A. I do. 

Q. How long has he been away?— A. He went to the war. 


1068 


CAMPBELL VS. DOUGHTON. 


Q. Did he come back here in February, 1019, and voted in Marcli, and then 
went to his mother’s iiome in California?—A. ]My information is that he came 
here ’n June and lived here until the followin.^: sprinj?, 1920, and then he went 
to visit his mother. 

Q. Has he been hack since?— A. I understand he has. 

Q. Do you know .1. O. AVhite, jr. ?—A. He lives on the corner of Long and 
Innis Streets. 

Q. Is he married?—A. Yes. 

Q. How lon.a: has it been since he was here?—A. He was here on Saturday 
and Sunday. 

Q. Was he here on election day?—A. I don’t know. He comes home every 
Saturday and Sunday; spends Saturday and Sunday with his mother. He 
lives there. 

Q. Do you know George M. Shupin?—A. I do. 

Q. You testified that J. J. Innes had not paid his poll tax for 1919?—A. I 
did not. 

Q. Did you testify as to .less Innes?—A. I did. 

Q. Do you know .less Innes?—A. I do. 

Q. Do you know .1. .1. Innes?—A. I do. 

Q. Is it the same person?—A. .1. .1. I know is not the same person. 

Q. Where does .1. .1. Innes live?—A. Lives at East Spencer. 

(}. Do you know .1. .1. Innes, in Salisbury?—A. I do not. 

Q. Do you know the .1. J. Innes you speak of in Spencer—ever know him to 
live in Salisbury?—A. I did not. 

Q. Do you know INI. L. Hagler?—A. Luther Hagler; yes, sir. 

Q. You know of M. L. Hagler?—A. No, sir. 

Q. Do you know that M. L. Hagler is the same as Luther Hagler?—A. I do 
not. 

Q. I hand you a tax receipt of INI. L. Hagler; just state if his poll taxes were 
paid for 1919?—A. INI. L. Hagler’s poll tax is paid for 1919 in March, 1920. 

Q. And you don’t know that M. L. Hagler is the same man as Luther 
Hagler?—A. I know Luther Hagler, hut do not know M. L. 

Q. You testified as to S. W. Ludwig?—A. Yes, sir. 

Q. I hand you a receipt there; just state what that receipt shows?—A. Lex¬ 
ington Township. Davidson County, N. C., S. W. Ludwig, poll tax paid Feb¬ 
ruary 20, 1920. 

Q. Does it show poll tax paid?—A. Shows a tax of $4.58 paid, opposite for 
poll tax. 

Q. Is that tax for 1919?—A. Yes, sir. 

Q. You testified as to Lewis Honharrier, I believe?—A. Yes, sir. 

Q. I hand you a receipt there and ask you if that receipt shows that Lewis 
Honl)arrier paid his poll tax for the year 1919?—A. North Albemarle Township, 
poll tax is paid for 1919. 

Q. That shows that Lewis Honharrier has paid his tax for year 1919?-—A. 
This shows the tax of I^ewis Hombarger, not stamped, paid for 1919. 

Q. That is a 1919 receipt?—A. This is a 1919 receipt, but does not show that 
he has paid tax. 

Q. Whose name is signed to that receipt?—A. G. D. Blalock. 

Q. Who is G. D. Blalock—what is that?—A. D. D. S. 

Q. What is just opposite his name?—A. Sheriff. 

Q. You testified as to C. A. Hess, didn’t you, INIr. Kessler; read that?—A. 
Ordered that C. A. Hess be exempt from poll tax. .1. C. Deaton, clerk for the 
board. May 17, 1917. 

Q. Do you know who Mr. Deaton is?—A. Yes, sir. 

Q. Who was he at that time or date?—A. Clerk to the board of commis¬ 
sioners for Bowan County. 

Q. You testified as to L. B. Shulenburger; I hand you an affidavit there. 
Do you swear, under oath, that Mr. Shulenburger was under 21 years of age 
on May 1, 1919?—A. Only what the record shows. 

Q. What does the record shoiv?—A. Twenty-two years old. 

Q. What date was that made?—A. October, 1920. 

Q. Mr. Kessler, he could have been 22 years old October, 1920, and could 
not have been 21 years old on May 1, 1919?—A. He could have been and he 
could not have been. 

Q. What does that affidavit there show? Does he make affidavit there that 
he was not 21 years old on May 1, 1919?—A. This is to certify that the under¬ 
signed, L. B. Shulenberger, became 21 years of age October 14, 1919. Witness, 


CAMPBELL VS. DOUGHTON. 


1069 


E. H. Bean. L. B. Sliulinburger—his mark. Mr. Bean, witness. Sworn to 
and subscribed before me this 12th day of April, 1921. J. M. Waggoner; my 
commission expires February 2, 1923. 

Redirect examination by Mr. Caelton : 

Q. Mr. Waggoner asked you about the exemption certificate of C. A. Hess; 
when was it made and for what year?—A. May 17, 1917. 

Q. These certificates have to be renewed every year?—A. Yes, sir. 

Q. It does not show exemption for the year 1919?—A. It does not. 

(The contestee, tlirough his attorney, reads the following extract from page 2 
of ids answer:) 

“ The coiitestee further avers that in township No. 3, in Cabarrus County, he 
received 13.5 votes, but by clerical error he was credited with only 125 votes. 
This error is now freely admitted by the election oificials, and is by no one 
denied.” 

In support of this allegation of the contestee’s answer,* the contestee here 
offers the following certificate from the register of deeds of Cabarrus County. 

(The contestant, through his attorney, objects to the certificate of the reg;.ster 
of deeds of Cabarrus County as a means of proof of same and will not accept it 
as proof unless better proof is furnished or by verification is satisfactory to 
admifcit. 

Exhibit A. Cabarrus County. 

Ofitce of Register of Deeds, 

Gaharrus County, N. C.: . 

This 's to certify that the official vote as canvassed and recorded in this office 
is as follows: Said votes being cast on the second day of November, 1920, for 
the following candidates from the eighth congressional district: 

Hon. Robt. L. Doughton received 4,390 votes. 

Hon. .1. Ike Campbell received 5,178 votes. 

This 14th day of April, 1921. 

[SEAL.] J. T. Harris, 

Reyister of Deeds. 

(At this point of the hearing the commissioner of testimony adjourned the 
hearing of the contestee until next Thursday. Ai)ril 21, 1921, at 11 o’clock a. m.) 

Salisbury, N. C., May 20, 1921. 

North Carolina, Rowan County: 

I. B. D. INIcCubbins, notary public and coinin ssioner of testimony in the 
Canipl)ell-I)onghton congressional contest, cert.fy that the attached page of 
evidence is a part of the record in the case and was left out of the record by 
iiiadvertance. 

[SEAL.] IMcCuBBINS, 

Notary Public and ComnAssioner of Testimony. 

My commission expires October 27, 1921. 

Pursuant to adjournment of this hearing on Friday, April 15, 1921, the hear¬ 
ing of the cause was resumed in the courthouse at Salisbury, N. C^., at 11 o clock 
a. in., April 21, 1921, before B. D. McCubbins, coniinissioner of testimony, at 
wh ch time and place the following proceedings were had: 

Present on behalf of the contestant: .lames M. l^■aggoner and IVIonroe Adams. 

Present on belialf of contestee: W. H. Woodson, Kerr Craig, and I‘. S. 
Carlton. 

The contestee. through his attorneys, hei-eunon served notice by open liear.ng 
upon the contestant, through his attorneys, t(' tlie effect that if the contestant 
intends to intrcdiK'e any new witnesses or clialUaige any voter or voters other 
tban tliose already challenged, that he furnish the contestee or his attorneys the 
names of such new witnessos and tlie name of any iierson that he inttnds to 
challenge other than those that he has already challenged, on or before April 
25 1921. 

The contestee hereuiion serves notice upon the contestant and his attorneys, 
that he will oliject to the introduction of any new challenges or any new wit- 
nsses except for the purpose of rebuttal to the testimony heretofore offered by 

the conte.stee. . 

At this point, upon motion of the attorneys' for the contestee, the healing is 
adjourned until Monday, Ajiril 25, 1921. at 12 o clock noon, at the courthouse in 
Salisbury, N. C., by the commissioner of testimony. 


1070 


CAMPBELL VS. DOUGHTON. 


I'ursiiant to adjoiiniment of a lieariiig of the 21st of April, the hearing was 
resumed at the courthouse in Salisbury, N. C., at 12' o’clock noon, before B. D. 
McCubbins, commissioner of testimony. 

I’resent on belmlf of contestee: "W. H. Woodson, P, S. Carlton, and Kerr 
Craig. 

Ih-esent on behalf of contestant: J. IVI. Waggoner, 

Sheriff J. H. KRIDEIl, being duly sworn, took the stand in behalf of the 
contestee and testified as follows: 

By Mr. Ceaige: 

Q. I hand you a list of names of people who voted the Republican ticket in 
Morgan Township, precinct No. 1, at the general election of last November 2, 
and ask you to read the names—A. (Witness read the following names:) L. M, 
Troutman, Charlie Coodinan, .Tames D. Shaver, H. Walter Wyatt, Noah F. 
Stokes, IMiles J. Arey, and W. McWyatt. 

Q. Have you compared these names and checked them with your tax books 
and tax records for Moran Township and with your certified list you returned 
to tlie clerk of superior court?—A. Yes. 

(). You may state whether or not your record shows either by the tax records 
or by the certified returns if any of the names you have just read paid their 
1919 poll tax on or before the 1st of IMay, 1920?—A. They did not. 

Cross-examination by Mr. Waggonee: 

Q. Do you know how long these people have lived in this precinct?—A. I do 
not, 

(]. Do you know if they paid their poll tax in any other township?—A. I 
do not. 

IMr. NEELY I^ISK took the stand in behalf of contestant, and testified as 
follows: 

By Mr. Woodson : 

Q. What position did you occupy in the last general election?—A, Registrar 
of Morgan precinct No. 1 in Rowan County, N. C. 

Q. I hand you a list of Republican voters at your precinct. Please read the 
names?^—A. L. M, Troutman, Charlie Goodman, .Tames D. Shaver, H. Walter 
Wyatt, Noah F. Stokes, Miles J. Arey, and W. Mack Wyatt. 

Q. What party do they affiliate with and what ticket did they vote?—A. Re¬ 
publican. 

Q. What are their ages?—A. I judge between 21 and 43 to the best of my 
knowledge and belief. 

(). I hand you another list. Please read the names.—A. Calvin Eagle, David 
J. Bean, and Augusta Basinger. 

Q. AVhat ticket did they vote?—A. Republican. 

(). Were they residents of IMorgan Township, precinct No. 1?—A. I think 
not, from the best of my knowledge and belief, they were hot registered and 
qualified voters. 

Q. I hand you another list of the following names. Noah F. Stokes, Miles J. 
Arey, and Mack AVyatt. Did they vote in the last general election?—A. Yes. 

Q. AVhat ticket did they vote?—A. Republican. 

, Q. Had they paid their poll tax according to your check?—A, No, sir. 

Q. AA'ere they soldiers?—A. Yes. 

Cross-examination by Mr. AAAggonee : 

Q. Mr. Lisk, read the first list of names you have and give approximate 
ages.—A. L. M. Troutman, 23; Charlie Goodman, 25; .Tames D. Shaver, 22; 
H. AValter AVyatt, 43. 

Q. How long have these lived in precinct No. 1, Morgan township?—A. All 
have lived there over two years. 

(). Is Augusta Basinger a woman?—A. Yes. 

Q. AA'here does she live?—A. In Morgan Township No. 1 at Cal Basinger’s 
home place about 3 miles south of Bringle’s Ferry at present. 

Q. How long has she lived there?—A, Four or five months previous to elec¬ 
tion in November, and she moved from Richfield, Stanley County. 

Q. This last list were soldiers, were they not?—A. Yes. 

Q. Do you know when they were discharged?—A. Yes; after the 1st day of 
May, 1919. 


. CAMPBELL VS. DOUGHTON. 1071 

(At this point the hearing adjourned until April 26, at 11 o’clock a. m., 1921, 
to convene in the courthouse in Saiisi)ury, N. C.) 

Pursuant to adjournment, the hearing was resumed at 11 o’clock a. m. at the 
courthouse in Salisbury, N. C., on April 26, 1921, before B. D. McCubbins, com¬ 
missioner of testimony. 

I’resent on behalf of contestee, Walter H. Woodson, P. S. Carlton, and Kerr 
Craig. 

Present on behalf of contestant, James M. Waggoner. 

Mr. R. E. TUTTLE took the stand on behalf of contestee and testified as 
follows : 

By Mr. Ckaig : 

Q. Where did you and your wife vote in the last November election?—A. 
Lenoir, Caldwell County, N. C. 

Q. Did you or your wife vote anywhere else?—A. No. 

Q. Why did you vote there?—A. I have always voted in Lenoir since I have 
been entitled to vote. I pay my poll tax and other tax there and consider that 
my home. Have been in Government service for seven and a half years in 
Georgia, Florida, and North Carolina. When I leave there I alwaj^s expect to 
return, and have always returned to vote in the general election. 

(At this point the hearing was adjourned.) 

State of Noeth Caeolina, 

County of Rowan: 

I, B. D. McCul)bins, a notary public in and for the aforesaid county and 
State, as commissioner of testimony in the hearing of James I. Campbell, con¬ 
testant, and Robert L, Doughton, contestee, do hereby certify that the above 
transcrij)t of the evidence by Miss Gladys B. Mason, as stenographer, is a true 
and correct copy of the evidence produced before me as commissioner of testi¬ 
mony. 

I also certify that there are attached hereto the original subpoenas to wit¬ 
nesses in behalf of contestant with the return made by the sheriff of Rowan 
County indorsed thereupon; together with the notice served upon the contestant 
through his attorneys by the contestee tlirough his attorneys in regard to the 
place, date, and time of taking depositions. 

This the 14th day of May, 1921. 

[seal.] B. D. McCubbins, 

Notary Public and Commissioner of Testimony. 

My commission expires October 27, 1921. 

State of Noeth Caeolina, 

County of Rowan, ss: 

I. .T. F. AIcCubbins, clerk of the superior court in and for the county and 
State aforesaid, the same being a court of record, do liereby certify that B. D. 
McCubbins, whose name is subscribed to the foregoing and annexed instrument, 
before whom the within acknowledgment and affidavit were made, was at the 
time of taking the same a notary public in and for the county and State afore- 
stiid, commissioned, sworn, and acting as such and authorized to probate in¬ 
struments, to administer oaths and take depositions and proof of deeds of 
conveyances for lands in North Carolina and acknowledgments, and proof to’ 
mortgages and other instruments, and that the same is taken and certified and 
acknowledged in all respects as required by the laws of North Carolina. 

And further, that I am well acquainted with the handwriting of such notary 
public, and I verily believe that the signature to said certificate is genuine. 

In testimony whereof I have hereunto set my hand and affixed the seal of 
said court at Salisbury, N. C. 

This 23d day of May, 1921. 

[SEAL.] J, F. McCubbins, 

Clerk Superior Court. 

State of Noeth Caeolina, 

County of Catatoha: 

I, Gladys B. Mason, stenographer in the above hearing, being duly sworn as 
stenographer for said hearing, depose and upon oath state that the above is a 
-true and correct copy of the evidence produced before me to the best of my 


1072 


CAMPBELL VS. DOUGHTON. 


knowledge and ability as stenographer, and included with said transcript are all 
exhibits placed in my custody. 

This the 13th day of May, 1921. 

Gladys B. Mason. 

Sworn to and subscribed before me this the 13th day of May 1921. 

[seal.] J. W. Waelick, Notary Public. 

My commission expires the 13th day of April, 1922. 

Office of Register of Deeds, 

Cabarrus County, North Carolina: 

This is to certify that the oflicial vote as canvassed and recorded in this office' 
is as follows: Said votes being cast on the 2d day of November, 1920, for the 
following candidates from the eighth congressional district: 

Hon. Robert L. Doughton received 4,390 votes. Hon. J. Ike Campbell received 
5,178 votes. 

This 14th day of April, 1921. 

[seal.] . J. I. Harris, Register of Deeds. 

To James H. Krider, 

Sheriff of Ron:an County: 

You are hereby commanded to summon R. E. Andrews, L. A. Vuncanon, E. D.. 
Benton, E. E. Williamson, J. R. Cruse, C. E. Fesperman, Janies H. Krider, 
W. T. R. Jenkins, John B. Manly, H. C. Miller, George R. Martin, M. A. Shank, 
Henry Glover, C. Ij. Coggin, J. C. Kesler, J. L. Shaver, Z. A. Kluttz, W. L. 
Harris, Price Sherrill, H. E. Goodman, W. A. Steele, W. C. Kluttz. R. L. Liugle, 
P. J. Cress, S. xV. Trexler, J. Jj. Agner, .T. H. A. Lyerly, Ira T. Bailey, Grady 
Hall, A. L. Karriker, W. P. Thompson, W. L. Shaver, J. L. Fleming, C. A. Camp¬ 
bell, Frank Ford, J. D. Shoe, W. H. Canup, Neely Lisk, and R. E. Tuttle, if to 
be found in your county, [lersonally to appear and be before the undersigned 
notary public and commissioner of testimony at the hour of 11'o’clock a. m., 
at Salisbury, N. C., county of Rowan, State of North Carolina, then and there 
to give testimony on behalf of R. L. Doughton, contestee in said case. 

Herein fail not at your peril. 

B. D. IMcCubbins, 

Notary Public and Commissioner of Testimony. 

To Hon. James I. Ca]mpbell. and James iNI. Waggoner, Monroe Adams, At¬ 
torneys: 

You will take notice that on the 13th day of April, 1921. at 11 o’clock a. m., in 
the county courthouse of Rowan County, before B. D. iMcCubbins, a notary 
public and commissioner of testimony, in the city of Salisbury, N. C., the con¬ 
testee, Robert L. Doughton, will proceed to take the depositions of the follow¬ 
ing-named witnesses: 

R. E. Andrews, L. A. Vuncanon, E. D. Benton, E. E. Williamson, and J. R. 
Cruse, Spencer, N. C.; C. E. Fesperman, East Spencer, N. C.; James H. Krider,, 
W. T. R. Jenkins, John B. Manly, H. C. INIiller, George R. iNIartin, iM, A. 
Shank, Henry Glover, C. L. Coggins, and J. C. Kesler, Salisbury, N. C.; J. S. 
Shaver and Z. x\. Kluttz, Gold Hill, N C.; W. L. Harris, China Grove, N. C.; 
Price Sherrill. Mount Ullu. N. C.; H. E. Goodman. Landis, N. C.; AV. A. Steele, 
Cleveland, N. C.; AV. C. Kluttz, R. L. Liugle, P. J. Cress, S. A. Trexler, and 
J. L. Agner, Salisbury, N. C.; J. H A. Lyerly, Granite Quarry, N. C.; Ira T. 
Bailey, AA oodleaf, N. C.; Grady Hall, Barber, N. C.; A. L. Karriker, Enoch- 
ville, N. C.; AV. F. Tbom]>son, Cleveland, N. C.; AA\ L. Shaver, Gold Plil, N. C ; 
J. L. Fleming, China Grove, N. C.; C. x\. Campbell, Gold Hill, N. C.; Frank 
Ford, Salisbury, N. C.; J. D. Shoe, Rockwell, N. C.; AV. H. Canup, Salisbury, 
N. C.; Neely Lisk, Richlield, N. C.: and others; R. E. Tuttle and others, Salis¬ 
bury, N, C. 

The depositions of the above-named witnesses to be read in evidence for the 
contestee in the above entitled matter, which is now pending before the Con¬ 
gress of the United States; and you will further take notice that if the taking 
of the same is not concluded on the day mentioned, the same will be continued 
from day to day (Sundays excepted) until completed. 

R. L. Doughton, Contestee, 

By P. S. Carlton, Kerr Craig, and AAL\lter H. AA^oodson, 

Attorneys for Contestee. 


CAMPBELL VS. DOUGHTON. 


1073 


Service of the within notice accepted this the 5th day of April, 1921, and 
further notice waived. 

.1. M. Waggoner, 

Monroe Adams, 

, Attorneijs for Contestant. 

Hearing or taking of evidence for or on behalf of the contestee, Hon. Robert L. 
Doughtou, opened in the county courthouse of Albemarle, Stanly County, N. C., 
at 10 o’colck a. m., on Wednesday, April 20, 1921, before W. L. Cotton, notary 
public and commissioner of evidence. Mrs. .John H. Bolton, reporter. 

Present on behalf of contestee: Hon. Robert L. Doughtou, present in person; 
R. L. Smith, H. C. Turner, W. L. Mann, J. R. Price, Brown, Sikes & Brown, 
R. R. Ingram, A. C. Huneycutt, and T. W. Bickett. 

Present on behalf of contestant: .Tames I. Campbell, in person; G. D. B. 
Reynolds, W. E. Bogle, I. R. Burleson, and W. L. Campbell. 

In open hearing, before the commencement of testimony, it is stipulated by 
and between contestee and contestant, and their respective counsel, that any 
witness present on behalf of the contestee, whether the notice of their pres¬ 
ence has been served on contestant or his counsel or not, shall be heard and 
notice of said hearing to contestant and counsel is expressly waived. 

Mr. G. W. DRY testified as follows: 

Direct examination by Mr. J. R. Price: 

Q. Where do you live—what voting precinct in Stanly do you live in?—A. 
Big Lick. 

Q. Were you registered to vote in Big Lick at the November 2 election?— 
A. Yes. 

Q. You were a qualitied voter?—A. Yes. 

Q. Did you go to the election?—A. Yes. 

Q. Did you vote?—A. Yes. 

Q. Well, Mr. Dry, what was the condition there that day?—A. Everything 
very quiet and there was a right smart of trouble getting to vote. 

Q. Large crowd there?—A. Yes, sir. 

Q. How was the crowd conducting itself?—A. Pretty well, 
g. Where was the voting conducted?—A. It was commenced out in the yard, 
and it'commenced to rain and we went in the building. 

Q. What was the condition ins.de?—A. I was not in very much, 
g. Was it light or dark?—A. It was a little dark; it was cloudy and raining, 
g. What effect, if any, did that puslimg have that day?—A. Don’t know what; 
I had to push a right smart hard before I got in; guess I stood on the steps 
for an hour. 

g. You are pretty well acquainted with the voters in that precinct? 

(The witness is "asked for opinion evidence, coniestant objects.) 
g. How many would you say was in that inultAude to the best of your judg¬ 
ment?—A. I could not tell you; I could not answer on that. 

Q. What proportion of Democrats and Republicans?—A. Could not tell you 
that; I am not very well acquainted with the township. 

Mr. RUFUS DRY testified as follows: 

Direct examination by Mr. .1. R. Price : 
g. Where do you live?—A. I live in Big Lick Township, 
g. What voting precinct?—A. Oakboro. 

g. Were you registered in Big Lick Township for the purpose or voting in the 
last election?—A. Yes. 

g. You were a qualitied voter in that township?—^A. Yes. 
g. Did you go to the election?—A. Yes. 
g. Did you vote?—A. Y^es. 

g. How big a crowd was there scrouging?—A. I can’t hardly tell; pretty goc.; 
1}. What was the condition there?—A. Right smart scrouging to get to good 
crowd. 

g. What proportion of Democrats and Republicans?—A. About 6 to 1. 
(Contestant objects.) 

g. Something like that; about six Republicans pushing in the crowd to on 
Democrat?—A. Yes; it was something like that. 

Q. What time of day did you vote?—A. I was the last one to vote. 

57695—21-6S 


1074 


CAMPBELL VS. DOUGHTON. 


Q. Wliat was the condition in the house where yon voted?—A. I jnst voted 
and went on out. 

Q. Was.it dark or light?—A. Oh, it was dark. 

Q. Did they have any light?—A. No. 

Q. Did you see any misconduct there?—A. No; nothing only the scrouging, 
that is all. 

Q. Did you see anything done that day to operate to pre.judic(' the vote of Dr. 
Campbell?—A. I don’t know as I did. 

Cross-examination by Mr. I. R. Burleson : 

Q. You voted a Democratic ticket?—A. Yes. 

Q. For R. L. Doughton?—A. Yes. 

Q. You say the Republicans on the outside, in your opinion, was 6 to 1 Demo¬ 
crat?—A. As far as I could tell. 

Q. You know that that is not the ratio in Big Lick Township?—A. Why, I 
don’t know whether it is or not. 

Q. Don’t you know that more Democrats, according to the ratio, voted there 
than Republicans?—A. They might have in the fore part of the day, but not in 
the evening, to the best of my knowledge. 

Q. Don’t you know Democrats were admitted in and Republicans held back' 
by Democratic bailiffs?—A. No. 

Mr. R. E. SMITH testified as follows: 

Direct examination by Mr. .J. R. Price : 

Q. IMr. Smith, do vou live in Big Lick voting precinct of Stanly County?—- 
A. Yes. 

Q. Were you registered in that precinct for the election last fall?—A. I was. 

Q. Did you go to the election?—A. I did. 

Q. Did you vote?—A. No; I did not. 

Q. Why not?—A. I could not possibly get through. 

Q. Why, what was the condition?—A. Crowded, unless I had been a stout 
man. 

Q. Who did you intend to vote for for Congress?—A. Mr. Doughton. 

Q. What proportion of Democrats and Republicans were there scrou.ging?— 
A. Could not tell you. 

Q. Was there a great many more Republicans than Democrats, or how?—A. 
Yes; guess so; supposed to be. 

Q. Did you see anything done there that day that indicated that Dr. Campbell’s 
vote was being pre.iudiced one way or the other?—A. I did not. 

Q. Do you know who the bailiffs were?—A. Yes, sir. 

Q. What time of day did you vote?—A. I did not vote. 

Q. What time of day did you attempt to vote?—A. I was trying from about 
1 o’clock until the polls closed. It was about 1 o’clock when the women voted. 

Cross-examination by IMr. I. R. Burleson : 

Q. You got there about 1 o’clock, you say?—A. About 1. 

Q. Do you know whether you could have voted if you had been earlier?—A. 
Well, the women did not get through until about 1. 

Q. About what time did you get there?—A. About 12 o’clock. 

Q. Can you swear whether or not you would have been permitted to vote be¬ 
fore that time?—A. Not until after I got there. 

Q. If you had gotten there earlier you might have voted?—A. I don’t think 
I could. 

Q. Do you know when the women commenced voting?—A. Commenced that 
morning, I guess. 

Q. Are you guessing or swearing what you guess?—A. I told you I did not get 
there until 12 o’clock. 

Q. Are vou sworn to tell the truth?—A. Y>s; I am telling the truth. 

Q. You are telling what somebody else said?—A. No. 

Q. How do you know when the women commenced to vote?—A. I did not 
say when they commenced; I said when they got through. 

Q. How do you know the women commenced voting that morning?—A. I 
know they did or they would not have gotten through. 

Q. All you know is you got there about 12 o’clock?—A. About 12. 

Q. And you stayed there until the polls closed; that is all you know about 
it; you don’t know what taken place before you got there?—A. Of course not. 


CAMPBELL VS. DOUGHTON. 


1075 


Mr. ]M. C. LOWDEK te.stilied as follows: 

Direct examination by Mr. .T. R. Ibucp]: 

Q. Do you live in Bis Dick voting precinct of Stanly County?—A. Yes. 

Q. Were you registered to vote?—A. Yes. 

Q. Did you go to the election?—A. l^es. 

Q. Did you vote?—A. No. 

Q. Why?—A. It was so crowded I could not get in. 

Q. Who did you intend to vote for?—A. ]\Ir. Doughton. 

Cross-examination hy Mr. W. L. Campbell : 

Q. Had you paid your poll tax prior to ]\Iay 1, 1920?—A. No; I don’t think 
I had. I would not say for sure that I had not. 

Q. To the best of your knowledge you don’t think you had?—A. Yes. 

Q. What time did you get there that day?—A. Something like 1 o’clock. 

Q. How late did you stay?—A. Until about night. 

Q. If you had gotten there in the morning you might have voted; isn’t that 
true?—A. I could not say about that. 

Q. l\)u did not see any rowdiness out there that day?—A. No; not while 
I was there. 

Redirect examination: 

Q.'Who was in the scrouging crowd there?—A. I Could not tell who all. 

Q. Were there more Democrats than Republicans?—A. I could not tell you 
about that. 

Q. Had you been released by the commissioners of the county from the pay¬ 
ment of poll tax?—A. No, sir. 

Recross-examination by Mr. W. L. Campbell : 

Q. You say you had not been released?—A. No. 

Mr. W. A. HONE testified as follows: 

Direct examination by Mr. J. R. Price : 

Q. Do you live in Big Lick voting precinct of Stanly County?—A. Yes. 

Q. Were you living in that precinct last year?—A. Yes. 

Q. Did 3 ’ou register to vote in Big Lick precinct last year?—A. Yes. 

Q. Qualified voter in that precinct?—A. Yes. 

Q. Did you vote?—A. No. 

Q. Why not?—A. Crowded so I could not get in. 

Q. Who did you intend to vote for for Congress?—A. R. L. Doughton. 

Q. And you paid your poll tax?—A. I certainly did. 

Q. What time of day did you go?—A. I was there at 9 o’clock. 

Q. How long did you stay?—A. I stayed until about sundown. 

Q. What was the character of that crowd—T mean as to the Republicans 
and Democrats?—A. Well, the majority were Republicans. 

Q. What did you see there that day, what conduct, if any at all, that would 
prejudice Dr. Campbell’s vote in that precinct?—A. Not any. 

Q. l^ou did not see anything?—A. No. 

Cross-examination by Mr. W. L. CA^rpBELL: 

Q. What time did you say you got there?—A. Between .9 and 10 o’clock. 

Q. You left before the polls closed?—A. Yes; tbele were men standing in 
the door then that could not vote and it had got dark. 

Q. And you say the majority on the outside that had not gotten to vote were 
Republicans?—A. They were there at the door to get in. 

Redirect examination: 

Q. Some Democrats in that crowd?—A. I did not see but two or three that 
I knew who were pushing before I left. 

Q. They wanted to vote?—A. Yes. 

Recross-examination: 

Q. Those two that you saw trying to get in, they did get in to vote?—A. I 
don’t know. 

Q. They were in tlie lead right at the doo)-?—A. No; they were behind the 
crowd. 

Q. They looked like they were going to vote, were making pretty good head¬ 
way?—A. I don’t know. 


1076 


CAMPBIiLL YS. DOUGHTON. » 


Mr. D. R. KENNEDY testified ns follows: 

Direct examination by Mr, .T, R. Price ; 

Q. You live in Big Lick Township?—A. Yes.^ 

Q. Yon were a registered voter there?—A. Yes. 

Q. What position did yon hold at the election held in that township?—A. 

I was one of the judges. ^ 

Q. Yon were the Democratic judge?—A. Yes. 

Q. Now, Mr. Kennedy, I want you to go ahead and state for the benefit of 
the record all about the conduct of that election there that day. A. Well, we _ 
started out that morning at sunup, we first started to voting in the yard out¬ 
side of a building; and we voted there, I don’t know how long—-couple of 
Poin-s—and it started raining and we had to move in the house. Then we 
voted on all day about as hard as we could, I thought. 

Q. Whis there any delay out there uring the progress of voting; and if so, 
what caused these delays?—A. W'ell, there was none; only maybe one or two 
fellows came up who were not registered to vote. 

Q. Do you know their names?—A. C. C. Hill. 

Q. You say he came up to vote and his name was not recorded?—A, Yes. 
The registrar looked on the new register and could not find it and had to 
look back on the old one, and he had been out of the county a year or two 
years, 1 forget which. 

Q. Did he admit he had been out of the county?—A. Yes. 

Q. WTiat is his politics?—A. Republican. 

Q. How long did that hindei- you or delay jmu?—A. I expect 10 or 15 
minutes, 

Q. How many men could have been voted during the delay?—A. I think we 
could have voted about 25. 

Q. Well, you moved into the building; what delay did that cause you?—A. 
Well. I don’t know. It did not take us very long, we were only 10 or 15 
minutes. 

Q. Well, what was the condition about tbe crowd around there that day?— 
A. Well, it was crowded all around there in the house and out of doors, too, so 
far as I could tell. 

Q. Who was your bailiff at tbe front door?—A. Mr. Lancaster. 

Q, And wbo was your bailiff at tlie back door?—A. Luther Little; he was 
supposed to be but be did not go to tbe back door at all. 

Q. Where was IMr. Little?—A, He was up at the polling box. 

(>. Wbat was his politics?—A. Republican. 

Q. AVhat did he do?—A. He put in tickets all day. I saw they were coming 
in the back and told him to go there and he appointed a fellow Huneycutt. 

Q. What was his politics?—A. Republican. 

Q. He stayed there all day at the box and put in tickets; did he wait until 
the name was called out before he put the tickets in?—A. Yes; he waited. 

Q. So he staj^ed there and put tickets in the box all day and his official duty 
was bailiff at the rear door?—A, Yes. 

(J. Was Dr. Campbell’s vote out there in that precinct that day prejudiced 
because of tbe conduct of tbe crowd or the election officials?—A. AVhy, the rea¬ 
son they did not vote was be(‘ause of the crowd and we could not get through ; 
there was nothing done on the i)art of the election ofhcials that would deprive 
him of any vote. 

Q. Was IMr. Doughton’s vote out there that day prejudiced or did he lose 
votes?—A. I do not know that he did ; he lost some, as we did not vote them all- 

Q. Mr. Kennedy, was there any effort there that day (»n the part of the elec¬ 
tion holders, those in charge of the conduct of the eleiffion, to keep the Republi¬ 
cans back and vote the Democrats?—A. No; there was not. 

Q. What remark, if anything, did you make to the crowd in regard to their 
manner?—A. I told Mr. Whitley, the other judge, if they did not go to the 
back door and keep them from crowding. I was going to ipiit. 

Q. Who was at the back door and who was crowded around the box?—A. 
All I saw were Republicans; we don’t have many Democrats out there. 

Q. These people crowding around the rear door were Republicans?—A. 
Majority was because we don’t have many Democrats, if they had all been 
there at one time it would not have been much of a crowd. 

Q. Mr. Kennedy have you ever heard or- received any information or in¬ 
structions from the Democratic headquarters, or anywhere else, during the 
campaign before the election, that the progress of the election at your precinct 
was to be delayed?—A. No; I have not. 


CAMPBELL VS. DOUGHTON. 


1077 


Q. Yon never heard any talk of that kind?—A. No; I did not. 

Q. And there was no i)iirpose of that kind on yonr part, or on the part of 
your coelection officials as far as you could tell?—A, Was not. 

Contestant objects because the witness can only testify what he knows of 
his own knowledgje and not what others were doiii.a;. 

Q. You were present and s<aw it all and know this condition you testified to, 
and you are testifying here from your own knowledge?—A. Yes’ sir. 

Ci*oss-examination by INIr. W. L. Campbell : 

• Q. You are a Democrat, are you not?—A. Yes. 

Q. Y'ou voted for R. Jj. Doughton yourself?—A. I did. 

Q. You were, of course, anxious to .see him elected?—A, Well, I don’t want 
him elected unless he gets it honest. 

Q. I mean at the time of the election you wanted to see him elected?—A. 
Yes; just like the rest; I love to see my man elected. 

Q, Who was your Democratic registrar?—A. Mr. Efird. 

Q. So you had two Democrats and one Republican?—A. We had one Repub¬ 
lican judge and I don’t know what you would call Mr. Little; he was up there 
having more to do with the election than me or IMr. Whitley. 

Q. You say Mr. Lancaster was at the front door, what are his politics?—A. 
Democrat. 

Q. You say at times he had others helping him—how many voters came in 
the front door?—A. I could not tell you. 

Q. Didn’t all come in the front door?—A. I don’t know. 

Q. Well that was the regular way of coming in that building?—A. Y^es; 
that was the rule and we tried it hut you could not handle that crowd that 
day with a 10-foot pole. 

Q. But you had your Democratic officials?—A. I know we did hut there was 
about 1,000 Republicans and as we only have 200 Democrats and you com¬ 
mence with a crowd of Republicans like we have out there and you could not 
handle them with a gatling gun. 

Q. Didn’t they make a ruling that they would vote all the ladies and let 
them go before the men?—A. Yes. 

Q. From that you would judge they fell l)ack?—A. They did not like that—■ 
some of them did not. 

Q. Did you hear of them making that ruling in any strong Democratic i>re- 
cinct in the county?—A. I heard they made it up at Locust. 

Q. That is in Furr and another Republican precinct, don’t you know?—A. 

Yes. 

Q. Y’'ou know those are the strongest Re]:mblican precincts in the county, 
your ])recinct and Furr?—A. T do not know, but they tell me that. 

Q. That is the only two to your knowledge that made such a ruling that day 
that they would let the ladies vote before the men?—A. All I know of. 

Q. That is the only two precincts that you have heard of in the county and 
district where everybody did not get'to vote, too, isn’t it?—A. Seems like there 
was one down here about Albemarle that they did not get to vote. 

Q. But you do know there has been a great deal of trouble and that the people 
did not get to vote?—A. Y>s; I’have heard of it. 

Q. You say there was some time lost in the challenging of IMr. C. C. Hill. 
Tell me about Mr. Hill—how long had he been in the county, what was the trou¬ 
ble w’th him?—A. Well, he moved out and stayed out of the county. 

Q. When did he move out?—A. I do not know; he was not here the last of 
May. 

Q. Where was he; do you know?—A. Union County. He had been living 
there, I would not say, he was there last election, hut he had been gone so long 
he was entitled to reregister when he moved back here. 

Q. Was his name on that old register hook?—A. I don’t know whether it was 
or not. 

Q. He was not challenged, because his name was on the registration book?— 
A. He was not challenged at all; he simply was not registered and thought he 
was. 

Q. Why did he say he was not registered?—A. He forgot he had to register 
when he came back. 

Q. Did he tell you he was moving or to remove his name?—A. I can’t dell you 
about that. 

Q. You tried his challenge?—A. He was there and his name was not on the 
registrat'on book, and he admitted he was mistaken. 


1078 


CAMPBELL VS. DOUGHTON". 


Q. Who challenfied him?—^A. He was not challenged; we could not find his 
name on the registration book. He challenged himself. He simply deprived 
himself of voting because he failed to register. 

Q. In other words, when he came up to vote yon looked on the new registra¬ 
tion book?—A. No; IMr. Efird hunted his name up and could not find it. There 
had been three looking on the book all day, and I told them if they would go 
back and let hian alone he would find the names faster than all of them; and 
we would call some names and he would have to look back on that batch and 
have to turn on over there and look it over again, and I said, “ Men, if you 
will let him alone, he will vote them much faster.” 

Q. Did you take a vote on INIr. Hill?—A. No; he admitted he was not entitled 
to vote; he did not blame anybody with it. 

Q. You think it took 15 or 20 minutes to look up that name?—A. Yes; he 
admitted he was not on. 

Q. When did you bring the registration books over to Albemarle, if you did, 
or when were they brought over here, if you know anything about it?—A. I do 
not know. 

Q. Didn’t you attend a meeting here when they would have your registration 
books here?—A. I did not. 

Q. And you say you know nothing at all about them being brought over 
here?—A. Not a thing about it. 

Q. Everything went on, you say, in (piite an orderly way, no rowdiness?—A. 
No. 

Q. And you were on the inside, you did not know the nature of the crowd 
outside?—A. No; nothing only what I could see out through the glass front. 

Q. Did Mr. Crosum Furr vote up there that day?—A. Y"es. 

Q. Did Sessoms vote that day?—A. Yes. 

Q. Mr. Sessoms and Furr are Democrats and voted for R. L. Doughton?—A. 
Yes. 

Q. When IMr. AY. A. Hone was on the stand he testified that he left ,iust as he 
saw Mr Furr and Sessoms trying to get in, and I ask you if you do not think 
it would have been possible for him to vote if he had tried as hard as they 
did?—A. They might have got in but Sessoms came in with his coat torn half 
off of him. 

Q. So it seems like they were doing some crowding themselves?—A. They had 
to to get in. 

Q. AVhat did you tell Dr. Campbell as to the way the election was carried on 
out there?—A. I told him everything went on smooth except the crowd pushing 
and crowding around the box. 

Redirect examination : 

Q. You said when they made the rule to let the ladies vote first somebody 
cussed; who was cussing?—A. Rei)ublicans cussed; I seen them out there 
and I could not call their names; they said it was not fair; that they were 
entitled to vote as much as the women. 

Q. Now, Mr. Kennedy, did you as one of the election officials out there that 
day, do everything in your power to conduct a* fair and imnartial election?— 
A. AVe did. 

Q. Did the Republican .iudge make any complaint that the election was not 
being conducted fairly?—A. Not any in the world. 

Q. AAVas there any complaint raised there about the manner in which the 
election was being conducted, as to whether or not it was fnir or unfair to 
either?—A. IMr. AVhitley said that night, “ AA"e have not voted all. but we have 
done mighty well to vote what we have.” 

Q. AA'ho is Mr. AAliitley?—A. The Republican judge; he made that remark. 

Q. Do you remember how many you did vote?—A. Seven hundred and some¬ 
thing. 

Recross-exannnation by IMr. AAk L. Campbell; 

(}. Could you name any of those Republicans who cussed about the ruling 
being made as to the ladies?—A. No. 

Q. You just heard them cuss; that is all?—A. AVell, they were cussing all 
day; that is the truth about it. 

Q. Di'd any come up to you and cuss?—A. Not only when the box was closed, 
and one cussed out there and drew his knife out, and I told him to put his 
knife in his pocket. 

Q. AVhat was he grumbling about?—A. About not getting to vote. 




CAMPBELL VS. rOUGHTOX. 


1079 


Q. He was a Republican?—A. He sai<l he was; that is all I know. 

Q. He (lid not itet to vote?—A. He said he did not. 

Q. And several others the same way?—A. Yes. 

Q. How many peojde (-ame to yon on the day of the election complaining that 
they were not doing things as they showld?—A. Not a one. 

Q. Don’t yon know they sent a delegation down to Albemarle?—A. I did not 
know a thing about it until after the box had closed that night. I had not 
heard a word. 

(}. Yon had some trouble tinding the names out there that day, what seemed 
to be the cause of this?—A. Well, I don’t know only there is a heap of H’s 
and IMr. Etird would be a looking and there was a Republican looking, too; I 
know’ him. Grover Smith w’as one and Delmar Huneycutt was another, what 
time he was not at the door he was there and the man w’ho put in the tickets 
W’ould hang over and look on the books and they wmuld call names; and I 
said to the boys, “ Let the man alone and he wall find the names faster than 
all of you.” 

Q'. It seemed to be the idea of the men, wdio w’ere assisting, that things w’ere 
going slow’ and they could help out?—A. I don't know w’hat they wanted; that 
is, a crow’d, you can’t tell what they do w’ant. I never have been able to learn 
them myself. 

Redirect examination: 

Q. Did that conduct that you just enumerated tend to help to speed up the 
election or retard?—A. It helped to delay. 

IMr. J. .1. LANCASTER testified as follow’s: 

Direct examination by IMr. J. R. Price : 

Q. JMr. Lancaster, do you live in Big Lick Township?—A. Yes. 

Q. Are you a qualified voter, registered for the election?—A. Y^'es. 

Q. Did you vote?—A. Yes. 

Q. AVhat position did you hold tluit day?—A. Bailiif. 

Q. You are a Democrat, I believe?—A. Yes. 

Q. Where were you stationed?—A. Front gate when w^e first started and w’hen 
we moved in tlie building front door. 

Q. What difficult did you encounter?—A. Well, I w’as in a strain all day try¬ 
ing to hold tlie crow’d back; my orders w’ere to let in so many at the time, and 
there w’as a jmshing and scrouging all day. 

Q. Were you able to carry out your orders?—A. I did the best I could. 

Q. Did they break over you?—A. Once in a w’hile. 

Q. Did you have any help there?—A. Occasionally a man w’ould come around 
and help me. 

Q. Did C. C. Helms help you 'i —A. Yes. 

Q. Who was at the back door?—A. Part of the time no one w^as there and 
part of the time Huneycutt was there. 

Q. What Huneycutt W’as that?—A. Didmar. 

Q. Did any votei's come in the back door?—A. Yes. 

Q. That W’as contrary to orders?—A. Yes; I thought they should come in the 
front. 

i}. Who W’as bringing the voters in the back door?—A. I could not see part 
of the time, no one w’as there and they w’alked in themselves. 

Q. Do you know’ their politics?—A. No. 

Q. So they had a doorkeeper part of the time and part of the time they had 
no doorkeeper?—A. No. 

Q. Did they crow’d in tlie back door?—A. I'es. 

(}. Did th(4^ operate to imiiede the progress of the election?—A. I don’t think 
it helped it any. 

Q. Could the election officials have gotten along faster if that crowd had not 
been there?—A. I think they could. 

Q. Do you remember about the time they had the delay on account of 
C. C. Hill?—A. I think I had gone to dinner. 

O. What did Luther Little do out there that day?—A. I noticed him around 
the^)ox where they were voting, I think heljiing put the tickets in. 

Q. Did you see him helping put the pickets in?—A. I saw him putting tickets 

in the box part of the time. . 

Q. Did you see anything there that day that indicated the purpose on the 
part of the election holders, bailiffs and all others in charge of the election 


1080 


CAMPBELL VS. DOUGHTON. 


there that day to hold the Republicans hack and let the Democrats vote? 

A. No, I did not. 

Q. What did yon do about that?—A. I let them in just as they came, Dem¬ 
ocrats and Republicans alike, in fact I have not been in the county long 
enough to know the politics of the people. 

Q. How long have yon been in the county?—A. This is the first election I 
have voted there. 

Q. Had you before the election, up to that time, heard of any plans brought 
from Democratic headquarters or anywhere else that the election at Oakboro 
or Furr was to be impeded?—A. I did not. 

Q. You never heard anything of that kind until a few weeks ago when 
Dr, Campbell began his investigation?—A. First I had heard of it. 

Q. And there was nothing done so far as your bolding the election was con¬ 
cerned to impede the election?—A, No. 

Contestant objects to the form of the question asked by the contestee’s at¬ 
torney as they are leading. 

Q. You were at the election, stayed there all day except ten or fifteen 
minutes at dinner time?-—A. Yes. 

Q. And as you saw the conduct of the election there that day, being present, 
M'as the election conducted fairly and squarely to everybody?—A. As far as 
my knowledge it was. 

Q. And there was nobody operated against one way or the other?—A. If so J 
could not tell it. 

Cross-examination by Mr. I. R. Burleson ; 

Q, Your name is J. J. Lancaster?—A. Yes. 

Q. How long have you been in Stanly County?—A. I moved here with some 
prisoners when they were first building this road, and then I moved from one 
place to another. 

Q. Are you married?—A. Yes, 

Q. Where is your family?—A. Big Lick. , 

Q. How long'have they been in Big liick Township?—A. Two years ago. 

Q. And they have been there all the time since?—A. Y^es. 

Q. Where did you pay your poll tax?—A. In this county. 

Q. Did you pay your poll tax on or before May 1, 1920?—A, Yes. 

Q. You swear positively that your name is on the certified list of paid polls? -- 
A. I don’t know about the certified list, but I know I paid my poll tax, 

Q. You say you were bailiff at the front door?—A. Yes. 

Q. Who else assisted you there as bailiff?—A, Why, different persons; part 
of the time a Republican did. 

Q. Who was he?—A. Mr. Burris. 

Q. How long did he assist you?—A. I suppose a couple of hours. 

Q. You stated on your direct examination that they came in the back door 
and you did not know who they were; you could not name a one of them?— 
A. No. 

Q, You don’t know the politics of the people in Big Lick?—A. No. 

Q, You don’t know but what evei^^ one was a Democrat?—A. No. 

Q. And you would not swear but what every one was a Democrat?—A. I 
don’t know. 

Q. And you say a part of the time there was no doorkeeper at the back door?— 
A. I could not see anyone. 

Q. And the back door is where they were due to go out?—A. Yes. 

Q. Will you please state if you were at a ix)litical meeting of the Democrats 
prior to the election at which the election plans were laid?—A. There was no 
meeting at all. 

Q. You voted?—A. Yes. 

Q. For R. L. Doughton, and you worked for his interest?—A. Did not work 
for him any more than any other man on the ticket. 

Q. You wanted the whole Democratic ticket elected?—A. Yes. 

Q. And you worked hard for that?—A. Done all I could. 

Q. You would do the same again?—A. Yes. 

Q. Can you name a single Democrat that did not vote in Big Lick Town¬ 
ship?—A. Not only what they say. 

Redirect examination: 

•Q. You mean that you worked hard for the success of the Democratic ticket 
before the election?—A. Yes. 


CAMPBELL VS. DOUGHTON. 1081 


Q. In your position there as bailiff you did not know any man?—A. Yes; I 
<?an prove that hy some Republicans here to-day if you want to. 

Mr. C. C. HELMS testified as follows: 

Direct examination hy Mr. J. R. Price: 

Q. You were a qualified voter in Big Lick Township?—A. Yes. 

Q. You went to the election?—A. Yes. 

Q. You voted?—A. Yes. 

Q. What else did you do out there that day?—A. Why, I held the polls a 
little while for Mr. Kennedy to go to his dinner and was helping Mr. Lancaster 
maybe two hours or something like that. 

(,}. Tell us all about the conduct of that election, please.—A. Well, I was not 
used to such piyself; I was born and raised in Anson County, where they act 
over the polls like they do at the church; it was a nuisance to me. 

Q. In what respect?—A. .Inst the crowding and shoving, and they kept the 
polls crowded; and if it had been me, I could not have done as much as they did. 

Q. The voters were to go in at the front door and out at the rear door, and 
you were at the front door a part of the time?—A. Yes. 

Q. The orders were to allow how many men to go in at once?—A. Two or 
three—something like that. 

Q. Were you able while you were there to comply with the orders?—A. Yes. 

Q. While they were going in at the front could you see the rear door?— 
A. Yes. 

Q. What was taking place back there?—A. They were coming in. 

Q. Who was coming in?—A. I saw Silas Smith and his wife and also saw 
Lee Austin come in at the back door. 

Q. What are their politics?—A. Republican. 

Q. Who else?—A. I did not pay special attention to others; occasionally 
they would walk in a dozen or two at the time. 

Q. Did Silas Smith’s wife vote?—A. Yes. 

Q. And Austin?—A. I saw them both vote. 

Q. Was the back end of the house on the other side of the polls from where 
you were very much crowded?—A. Sometimes; I noticed a time or two, and 
there was a right good bunch down there; and I think Mr. Huneycutt let some 
come in with the understanding that they would sit down and wait. 

Q. Who was that?—A. Republican bailiff, but they were just to sit down and 
Test and go out and come in at the front. 

Q. What did they do?—A. Come up and vote. 

Q. Did you see anybody else?—A. No. 

Q. That conduct there in the house, did it operate to impede the progress of 
the election?—A. It looked so to me. 

Q. In what way?—A. Well, they were crowded around; it was already dark, 
and they crowded up around the registrar and would bother him from finding 
the names. 

Q. Was there anybody else trying to help find the names?—A. Different ones 
looking on. 

Q. These election officials, ]\Ir. Efird and Mr. Kennedy and Mr. Whitley, the 
Republican poll holder, did it appear to you that these election officials were 
trying to impede the progress of the election?—A. No. 

Q. As you saw it, Mr. Helms, were they doing everything in their power to 
get along as fast as they could?—A. Yes. 

Q. Did you see any movement on the part of the election officials or bailiffs 
to keep the Republicans back and let the Democrats vote ahead of them?—A. 
To the opposite, if I saw anything. 

Q. Did you see anything to the opposite?—A. Nothing only the men I told 
you. 

Q. Was everything done there that day, as you saw it, fair and square to 
both Dr. Campbell and Mr. Doughton?—A. Yes. 

Q. There was no advantage, as you saw it, taken?—A. Mr. Whitley said that 
night he did not want anyone to tell him that was an unfair election. 

Q. What are his politics?—A. Republican poll holder—judge. 

Q. Had you heard up to that time there was any plan on foot, proceeding 
from Democratic headquarters or anywhere else, that the election in Big Lick 
or Furr that the progress was to be impeded and the voters held back and not 
allowed to vote?—A. No. 


1082 


CAMPBELL VS. DOUGHTON. 


Cross-examination by Mr. I. R. Burleson : 

Q. Your name is C. C. Helms?—A. Yes. 

Q. You are a Democrat?—A. Ye«. 

Q. Voted for Mr. Doughton?—A. Voted a straight ticket. 

Q. You did everything you could to get him elected?—A. Yes. 

Q. Would you do it again?—A. I would vote for him again. 

Q. Can you tell me the name of a single Democrat who did not vote for Mr.. 
Doughton?—A. I was there with a man and left with him, and he said he did’ 
not vote—Mr. Joe Hatley. 

Q. That is the only one you know of?—A. Mr. Albert and Ranse Hatley. 

Q. You know there was over 200 Republicans who did not vote?—A. I do not. 

Q. About how many would you estimate was waiting and trying to get in?— 
A. I could not tell you. 

Q. You do know that practically every Democrat in Big Lick Township got 
to vote?—A. I don’t know that. 

Q. You do know that all the men, Republicans as well as Democrats, stood 
back and let the ladies go in and vote?—A. Yes. 

Q. And you heard the same procedure was carried on in Furr?—A. No. 

Q. You know Big Lick is the strongest Republican precinct in Stanly?—A. 
That is what I heard. 

Q. So you have not heard of any other district that Dr. Campbell and Mr. 
Doughton arexontesting, have you?—A. No. 

Q. They were very courteous and stood back and let the ladies go in and 
vote?—A. Yes. 

Q. Now, you say that some was admitted from the rear door in order to 
sit down out of the rain?—A. Yes. 

Q. And some were ladies?—A. No. 

Q. Didn’t you say Silas Smith’s wife was admitted?—A. She was just taken 
behind there and voted. 

Q. Do you know how many was admitted?—A. No. 

Q. Do you know of the doxen Democrats admitted from the rear door?—A.. 
I don’t think there was a dozen. 

Q. AVhat time did you get there?—A. About 8.30. 

Q. And you stayed until night?—A. Until they were counted. 

Q. How long were you baililf?—A. About two hours. 

Q. You were bailiff while the other man was gune to dinner?—A. I was. 
with him. 

Q. You assisted him?—A. Yes. 

Q. Who stayed at the door while he was gone to dinner?—A. I do not know. 

Q. What time of the day were you bailiff at the fi-ont door?^—A. It was in. 
the morning. 

Q. Nobody run over you; everything was quiet?—A. Except the pusliing. 

Q. And that was Democrats and Republicans?—A. All mixed up. 

Q. But yon do say when the ladies came iq) they all gave back and they 
marched in there and voted?—A. Yes. 

Q. You paid your poll tax?—A. Yes. 

Q. How long have you been in Stanly?—A. Eighteen months. 

Q. Where did you come from?—A. Union. 

Q. When did your family move here?—A. AVhen I did; last November. 

Q. Where did you list your property for taxes—Stanly or Union, for 1919?— 
A. Well, I listed my real estate in Stanly and personal property in Union. 

Q. And your poll tax in Lmion?—A. Yes. 

Q. And your family was in Union?—A. Yes. 

Q. And they did not move to Stanly until November?—A. Fifth of November. 

Q. You do know there was some complaint about the registrar not finding 
the names on the book as fast as they wanted to vote?—A. I have heard that. 

Q. You say you heard the complaint all during th(‘ day that they were not 
voting as fast as they wanted to?—A. Yes; I heard some complaint.^ 

Q. You heard this complaint before 12 o’clock?—^A. No. sir. 

Q. What time of day did you hear the first complaint that the slow counting 
of names that they were not going to vote?—A. I did not hear it at all; T 
just heard them complain that they were not all going to vote. 

(j. Who was making the complaint?—A. Both Democrats and Republicans. 

Q. Do you know anything about the republicans sending a delegation out 
there to Albemarle to ask if they could get any relief to rush up the voting?— 
A. Never heard it until to-day. 


CAMPBELL VS. DOUGHTON. 


1083 


Mr. S. S. IIUNKYCUTT testified as follows: 

Direct examination by Mr. J. K. Price : 

Q. Yon live in Big Lick?—A. Yes. 

Q. Yon were a registered qualified voter?—A. Yes. 

Q. Yon went to tlie election and voted?—A. Yes. 

Q. Did yonr wife go?—A. Yes. 

Q. A\ hat took place in connection with her?—A. I got ont there pretty early, 
and my wife had to stay there, and she came ont, and it got to raining, and 
she kept tryinp: to get in. and «'he is afflicted with rlienmatism, and I asked one 
of the poll holders, INIr. Whitley, to let me take her in the back door and he 
said no, and consequently she pushed and pushed and got in about 1 o’clock. 

Q. Who is Mr. Whitley?—A. He was one of the poll holders. 

Q. He was tlie Beppblican poll holder?—A. Yes; I asked him and was talking 
to him, and he said they conld not allow her to come in. I saw Mr. Grover 
Smith take his wife in and vote her and saw Mr. M. Whitley carry his father 
in and vote him. 

Q. AVhat are their politics?—A. Republican. 

Q. What is yonr politics?—A. I voted Democrat. 

Q. And yonr wife?—A. Democrat. 

Q. Did yon see anyone else go in the back door?—A. I saw several. 

Q. Were they Republicans or Democrats?—-A. I did not pay attention to only 
those two. and I did not like it because they did not let me take my wife in. 

Q. Did yon see anything there on the part of the officers showing the inten¬ 
tion to delay the election?—A. I did not. 

Q. Do yon know D. R. Kennedy?—A. Yes. 

Q. What is his character?—A. Good. 

Q. Do yon know Henry Efird?—-A. Yes. 

Q. What is his character?—A. Good. 

Q. What is Mr. Whitley’s character; that is good, too?—A. Yes. 

Cross-examination by Mr. W. L. Campbell: 

Q. How long have yon lived in Big Lick Township?—A. I moved there April 
7 last, year ago. 

Q. Yon moved yonr family with yon?—A. Yes. 

Q. Yon had paid yonr poll tax prior to INIay 1?—A. Yes. 

Q. How many Democrats can yon name for me that did not get to vote that 
day?—A. I know a dozen that told me they did not vote. 

Q. How many Republicans told yon they had not voted?—A. I don’t know; 
several. 

Q. Abont how many hundred told yon?—A. Not a hundred. 

Q. Y^on do know there was something over a hnndred did not get to vote?—A. 
I conld not say abont that; I did not hear the poll holders say how much they 
lacked of casting their full vote; I don’t know. 

Mr. C. C. FURR testified as follows: 

Direct examination by Mr. .T. R. Price: 

Q. Where do von live? Are von a registered voter in Big Lick Township?— 
A. Yes. 

Q. Were yon at the election on November 2. 1920?—A. Yes. 

Q. And yon voted?—A. Yes. 

Q. Tell me abont liow that election was conducted there that day. Yon were 
there all day weren’t yon?—A. Well, I was at the store at work most of 
the day. 

Q. How abont the crowd, how was it carrying on?—A. Well, there was a 
lot of people there. 

Q. What kind of trouble did yon encounter yonrelf trying to get to vote?— 
A. Pretty bad one I think. 

Q. Tell ns what it took to get yon through the crowd?—A. Well, we jnst had 
to push onr way in. 

Q. Tear yonr coat off?—A. No. 

Q. IMr. Fnrr, was there any effort there that day on the part of the election 
officials to let Democrats come in and vote and in preference to the Repub¬ 
licans?—A. No; nothing like that. They were all trying to get in—just as 
many or more Republicans went in tlian Ifemocrats. 


1084 


CAMPBELL VS. DOUGHTON. 


Q. Were there as many Democrats out there that day did not get to vote as 
Republicans in comparison to the number of Democrats and Republicans out 
there?—A. I think so. 

Q. You know Mr. J. R. Kennedy?—A. Yes. 

(1 What is his character?—A. Good. 

Q. What is Henry Efird’s character?—A. Good. 

Q. What is Mr. Whitley’s character?—A. Good. 

Q. You had not heard of anything arising or coming from Democratic 
headquarters, or any other place, whereby it was intended to keep the people 
from Big Lick and F’urr from casting their strength that day?—A. No. 

Cross-examination by Mr. I. R. Burleson : 

Q. Don’t you know it is a fact that O. Whitley testified, while Dr. Camp¬ 
bell was taking evidence in this mtater, that it was not a fair election?—A. 
No; I have not heard that. 

Q. What Mr. Whitley told you was that what voted was fair and square in 
there?—A. I never talked to him. 

Q. You don’t know what he said about it?—A. No. 

Q. You testified just now to Mr. Price that you were at your store at 
work most of the day?—A. Yes. 

Q. l’'our store is more than 80 yards from where this election was held?—A. 
Yes. 

Q. There was lots of people there that day and you were selling goods?—A. 
Yes; I was not around there long. 

Q. Now, what time did you go out to vote?—A. I don’t remember what time 
I went—several different times—and tried to get in. 

Q. What time did you get in?—A. I don’t know—some time in the evening. 

Q. How long was it before night?—A. I could not tell you. 

Q. How long did you have to stand in line before you got in?—A. Some bit. 

Q. Ten minutes?—A. Longer than that; I think a half an hour. 

Q. At that time there were hundreds of people there waiting?—A. Yes. 

Q. And some had been there all day?—A. Yes. 

Q. You had seen them that morning, and they had been in your store, and 
they were Republicans, too?—A. Republicans and Democrats, too. 

Q. But the majority of them were Republicans waiting there?—A. Yes; 
there were more Republicans than Democrats. 

Q. And you and this man Sessoms went in together, didn’t you?—A. I don’t 
know as we did; I did not notice. 

Q. And you pushed through the crowd and went in?—A. Yes. 

Q. And you voted for R. L. Dough ton?—A. Yes. 

Q. Did all you could for his election?—A. Yes. 

Q. And you pushed through that crowd of more than 100 people and voted?— 
A. I could not say there were 100 people in the door that were all trying to 
get in. 

Q. And you went througli that crowd?—xV. l^es. 

Q. I ask you, INIr. Purr, this man H. B. Sessoms was a Democrat wasn’t he?— 
A. He is a Democrat. 

Q. W ho was the doorkeeper when you went in?—A. I never notice<l; there 
were two at that time but I did not notice; Mr. Lancaster was one. 

Q. This young man Helms, who was on the stand, was he one of the other 
bailiifs at the front door?—A. I don’t remember seeing him at all. 

Redirect examination: 

Q. Did Mr. Sessoms get his coat torn off?—A. I don’t know as he did. 

Mr. T. S. EUDY testified as follows: 

Direct examination by Mr. .T. R. Price : 

Q. Do you live in Big Lick?—A. Yes, 

Q. Were you registered for the purpose of voting in B-'g Lick on November 
2, 1920?—A. Yes. 

Q. Did you go to the election?—A. Y’'es. 

Q, Did you vote?—A. No. 

Q. Why not?—A. Well, it was crowded up there so I could not get in; I 
waited a long time. 

Q. For whom did you intend to vote for Congress?—A. INIr. Dough ton. 

Q. Do you know Mr. Kennedy and ]\Ir. Efird, poll holder and registrar, and 
Mr. WTiitley; what are their characters?—A. Good. 


C!AMPBELL VS. DOUGHTON. 


1085 


Cross-examination by Mr. W. L. Campbeix: 

Q. What time did yon j?et there?—A. I*retty early; between 7 and 8 o’clock. 

Q. How Ions did you stay?—A. lh*actically all day. 

Q. Did you leave before the polls closed?—A. Yes. 

Q. How long before?—A. Something like 4 o’clock, I suppose. 

Q. You have just heard IMr. C. C. Purr testify; did you see him go in and 
vote?—A. Yes. 

Q. He got in all right, as he testified?—A. That is what he said. 

Q. Don’t you think you would have gotten in if you had made as much effort 
as Mr. Furr did?—A. Yes. 

Redirect examination: 

Q. You could not have gotten in without pushing someone else out?—A. No. 

Mr. C. L. EUDY testified as follows: 

Direct examination by Mr. J. R. Pkice : , 

Q. Yon live in Big Lick Township?—A. Yes. 

Q. Were you registered to vote last election out there?—A. Yes. 

Q. Did you go to the election?—A. Yes ; I did. 

Q. Did you vote?—A. No. 

Q. Why?—A. It was crowded so I could not get in. 

Q. Who did you intend to vote for?—A. R. L. Doughton. 

Cross-examination l)y Mr. I. R. Bukleson : 

Q. Had you paid your poll tax prior to May 1?—A. Yes. 

(^. How long had you lived in Big Lick?—A. All my life. 

Q. What time did you get to the polling place?—A. Something like 2 o’clock. 
Q. How long did you stay there?—A. Until after dark. 

Q. If you had come in the morning you might have voted?—A. I don’t know; 
I have to work myself. 

Mr. .JOE HATLEY testified as follows: 

Direct examination by Mr. .1. R. Pkice : 

Q. You live in Big Lick Township?—A. Yes. 

(j. Were you reg.stored to vote last election?—A. I M'as. 

(}. Did you go to the election?—A. Yes. 

Q. Did you vote?—A. No. 

Q. Why?—A. Owing to the presence of the crowd could not get in. 

Q. Who did you intend to vote for Congress?—A. R. L. Doughton. 

Cross-examination by Mr. I. R. Burleson : 

Q. What statements have you made prior to this time relative to the dilly- 
dalleying and slow voting there?—A. I don’t I’ecall. 

Q. Don’t you know you said you could have voted those people faster than 
they were voting?—A. I don’t know as I have. 

‘Q. What do you know about it; how the voting was carried on?—-A. Well, it 
looks to me like it was cai-ried (ui reasonably well. 

Q, Don’t you know you made a statement that it was mighty slow?—A. No; I 
have not. 

Q. You paid your i)oll tax on or before iVIay 1 ?—A. Yes. 

Q. M'hat time did you get to the polling place?—A. Between 7 and 8 o’clock. 
Q. How long did you stay there?—A. Unt 1 they called it off. 

Q. You are as stout and as tall a man as C. C. Furr?—A. Yes. 

Q. If he could walk in over the others, could you have walked in, too?—A. 
I might ha\'e used force and gone in. 

Q. He did not use any force, did he?—A. I don’t recall, but I made an effort 
two or three times. 

Redirect examination : 

Q. Republicans could have gotten in just as easy as the Democrats, couldn’t 
they?—A. So far as I know. 

Q. Did you see anything on the part of the election oflicers that indicated 
that they were going to delay the progress of that election?—A. No. 

Q. You know Mr. Kennedy, Mr. Efird, and Mr. Whitley?—A. I do. 

Q. What are their characters?—A. I consider it good. 



1086 


CAMPBELL VS. DOUGHTON. 


Reeross-exaiuination: 

Q. There was Democrat bailiffs at the front door?—A. I guess there was. 

Q. Yon know they atliliate with the Democrats and are generally reputed to 
be Democrats, are they not?—A. It is according to which ones you have 
reference' to. 

Q. At the front door, where they went in, were they Democrats or Repub¬ 
licans?—A. ]Mr. Lancaster is supposed to be a Democrat and Mr. Burris, I sup¬ 
posed he was a Republican. 

Q. Did you see Mr. Burris at the front door?—A. No. 

(h Do you swear Mr. Burris was at the front door as bailiff?—A. No. 

Q. In order for you to get in you had to go by these bailiffs, and they had a 
right to let them in or keep them out?—A. Yes. 

Q. Now, they let in about two and three at the time, didn’t they?—A. I don’t 
know positively. 

Q. Now, ]\Ir. Hatley, they had a right to let in who they wanted to?—A. I 
don’t know about that. 

Q. Now, if there had been a conspiracy among the election officials, that Mr. 
Price asked you about, do you think they would have told you about it, and you 
not an official?—A. I don’t know as they would. 

Redirect examination: 

Q. Do you know who the bailiff at the back door was?—A. I am not sure 

I do. 

Q. Do you know who the bailiff at the front door was?—A. I saw Mr. 
Lancaster. 

Q. The others you know about from what was said; you heard the back 
door bailiff was a Republican; you heard at the front door there was one Demo¬ 
crat and one Republican?—A. Yes. 

Mr. A. A. HATLEY testified as follows: 

Direct examination by Mr. .1. R. Price : 

Q. You are a registered voter in Big Lick Township?—A. Yes. 

Q. Did you go to the election?—A. Y^es. 

Q. Did you vote?—A. No. 

Q. Why?—A. I could not get in. 

Q. Who did you intend to vote for?—A. Mr. R. L. Doughton. 

Cross-examination by Mr. W. L. Campbell : 

Q. What time did you get to the polling place?—A. About 1.30. 

Q. How long did you stay?—A. About half an hour of sun. 

Q. Don’t you think you could have gotten in if you had stayed there and 
tried?—A. I don’t think I could. 

Q. You heard IMr. Furr testify that he left his store and went over and voted 
in about 30 minutes, didn’t you?—A. Yes. 

Q. Don’t you think you could have gotten in if he did?—A. I could have by 
rushing through the crowd. 

Q. So there were several voted after you left?—A. Yes. 

Q. So you don’t know but what you could have voted if you had stayed 
there?—A. I don’t know. 

Q. I'act of the matter is you might have voted had you stayed?—A. Yes. 

Q. Had you paid your poll tax prior to May 1, 1920?—A. Y"es. 

Mr. R. W. HATLEY testified as follows; 

Direct examination by Mr. J. R, Price: 

Q. You live in Big Lick Township?—A. Yes. 

Q. How old are you?—A. Seventy-two. 

Q. Were you registered to vote in Big Lick?—A. Y^es. 

Q. Did you vote?—A. No. 

Q. Why didn’t you vote?—A. It was so crowded I could not get in. 

Q. Who did you intend to vote for?—A. Mr. Doughton. 

Cross-examination by Mr. I. R. Burleson : 

Q. You testified in this matter at Oakboro, didn’t you?—A. No. 

Q. What time did you get to the polling place?—A. It was after 12 o’clock. 

Q. How long did you stay?—A. I stayed two or three hours. 


CAMPBELL VS. DOUGHTON. 


1087 


Q. Mr. Hatley, don’t yon know it is a fact if yon had been there in the morn- 
injj yon conld have voted, as they allowed all the old men and ladies to vote?— 
A. I don’t know that. 

Yon have heard that?—A. No. 

Q. If yon had gotten there earlier in the morning do yon know whether or 
not yon conld have voted?—A. No. 

Q. Do yon know that of yonr own knowledge?—A. It was crowded np so. 

Q. It was 1 o’clock when yon got there; yon don’t know how it was in the 
morning?—A. No. 

Q. Yon did not stay until the polls closed?—A. No. 

Q. Yon don’t know whether they all voted or not?—A.' Only what they say. 

Air. .lAP HUNEYCUTT testified as follows: 

Direct examination by Mr. ,1. P. Price: 

Q. Yon live in Big Lick?—A. Yes. 

Q. Yon were a qualified voter?—A. Yes. 

Q. Yon were at the election on November 2?—A. Yes. 

Q. Did yon vote?—A. No. 

Q. Why didn’t yon vote?—A. Conld not get in. 

Q. Yon made an effort to get in?—A. Yes. 

Q. Who did yon intend to vote for Congress?—A. R. L. Dough ton. 

Cros.s-examination by Mr. I. R. Burleson : . 

Q. What time did yon get there?—A. I think before daylight. 

Q. When did yon leave?—A. After they were counted. 

Q. Yon were at yonr work?—A. Part of the time. 

Q. How many times did yon go ont to the voting place?—A. Pour or five 
times. 

Q. Yon did not stand in line or go in like the rest?—A. No. 

Q. So if yon had stood in line like Mr. Fnrr yon wonld have voted?—A. I 

don’t know; lots did not vote. 

Q. IV/ii heard Mr. Fnrr say he stayed in line 30 minutes; yon are as stont a 

man as C. C. Fnrr?—A. I don’t know; I conld not say as to that. 

Q. If yon had tried yon conld have voted, conldn’t yon?—A. I do not say it 
wonld have been impossible, but I imagine if I had crawled on their heads and 
■backs I conld have gone in. 

IMr. .1. T. WHITLEY testified as follows: 

Direct examination by Mr. J. R. Price : 

Q. Yon are registered in Big Lick Township?—A. Yes. 

Q. Yon went to the election?—A. Yes. 

Q. Did yon vote?—A. No. 

(}. Why not?—A. It was so crowded I conld not get in. 

Q. Who did yon intend to vote for for Congress?—A. R. L. Donghton. 

Cross-examination by Mr. I. R. Burleson : 

Q. What time did yon get there?—A. About 2 o’clock. 

Q. How long did yon stay?—A. Until it closed. 

Q. If yon had gotten there earlier yon might have voted?—A. Might have. 

Q. How long did yon stand in line?—A. I got in line a conple of times bnt 
they crowded me hack. ■ 

Q. Did yon see C. C. Fnrr go in to vote?—A. Y'es. 

Q. If he conld have gotten in to vote conldn’t yon have?—A. I don’t know 
about that. 

Q. Ahont how old are yon, if yon don’t mind telling?—A. Thirty-seven. 

Q. Mr. Fnrr looks to he ahont 40?—A. Yes. 

Mr. .TEROME FOREMAN testified as follows : 

Direct examination by Mr. .1. R. Price : 

Q. Yon live in Big Lick Township?—A. Yes. 

Q. Yon were registered to vote?—A. Yes. 

Q. Did yon go to the election?—A. Yes. 

Q. Did yon vote?—A. No. 


1088 


CAMPBELL VS. DOUGHTON. 


Cross-examination by Mr. I. K. Bukleson : 

Q. Yon say it was too tough for yon?—A. It looked like it was too much for¬ 
me to go through. 

Q. What time did you get there?—A. Nine or 10 o’clock. 

Q. How long did yon stay?—A. Nine or 10 that night. 

(^. Yon did not get in line?—A. No; I could not get any closer to that line 
than from here to the door. 

Mr. AV. I. LITTLE testified as follows; 

Direct examination by Air. J. R. Price : 

Q. You live in Big lack Township?—A. Yes. 

Q. You are a registered qualified voter there?—A. Yes. 

Q. You were at the election on November 2, 1920?—A. Yes. 

Q. And you voted?—A. Yes. 

Q. AA'ere you there principally all day Air. Little?—A. Yes; about all day. 

Q. Did you observe the progress of the election that day?—^A. Yes; I was im 
the house several times. 

Q. AATll you tell us about the crowd there that day, how it operated, and so 
on?—A. AA'ell, it was scrouged up right smart of the time in the house and out— 
commenced pouring rain and they crowded in the house. 

Q. Were you in the house you say a good portion of the time?—A. Yes; I 
was in the house half the time. 

Q. AAbis there anybody else in there?—A. Yes; a good deal of the folks in 
there. 

Q. AVhat wiis the proportion of the Democrats and Republicans in the house 
while you were in there?-—A. I suppose there might be three to one. 

Q. You observed the progress of the election?—A. Sure. 

Q. And you saw the manner in which it was conducted?—A. Yes. 

Q. AAbis the election as you saw it there, undei- your observation, that dav 
fair?—A. I thought it was as much so as it could be. 

Q. AA'as there anything done there that day to keep the Republicans from 
voting and to allow the Democrats to vote in front of the Republicans?—A. Not 
that I coidd see. 

Q. Did the election officers get along under the circumstances as you saw 
them as fast as they could?—A. Looked like they did the best they could. 

Q. A"ou know these election officers?—A. Yes. 

Q. You know their characters?—A. Yes. 

Q. AATiat are they?—A. Good. 

Q. Did you bear of any propaganda or any scheme whereby it would be 
worked out that the elections in Big Lick and Furr Townships was to be delayed 
and to keep quite a number of voters from voting that day?—A. No. 

Q. AVas that election that day perfectly fair t(» all candidates?—A. It looked 
so. 

(h’oss-examination by Air. I. It. Burleson : 

Q. If there had been any conspiracy of any kind to binder and delay the 
voters they would not have advertised it would they?—A. I don’t know what a 
man would tell. 

Q. You say there came up a shower of rain and a good many went in the 
house?—A. Yes. 

Q. I believe most of them were ladies that went in when the rain came up?— 
A. Both. 

Q. Df both political parties?—A. Sure they all got in the dry that could. 

Q. I believe you voted?—A. Yes. 

Q. And for li. L. Doughton?—A. Yes. 

Redirect examination: 

Q. Do you know S. S. Ifittle?—A. Yes. 

Q. AA’ho is he?—A. Aly son. 

Q. Do you know whether he went to vote or not?—A. He said he was going 
to vote. ^ 

Q. Do you know whether he voted or not?—A. He did not. 

Q. AA'ho did he intend to vote for?—A. R. L. Doughton. 

Q. Did he tell you the reason why he did not vote?—A. I think I heard him 
say it was crowded so he did not try to get in. I think he and Bob Hill agreed 
not to either one go in. He was on one side and he on the other. 


CAMPBELL VS. DOUGPITON. 


1089 


Q. He ;iml P>ol> paired?—A. Tliat is luy uiiderstaiulin^r. 

ii. Ho you know what Loh Hill's polities ajv?—A. Kepuhliean. 

Iteeross-exainiiiatioii: 

Q. You don't know whether he went in or not, 1 believe you stated he diO 
not try?—A. He said it was ei*owded. 

Q. You really don't know whether he wanted to vote had or not?—A. I can't 
tell how had he wanted to. I heard him say he intended to vote. 

Mr. V, L. KhiNNEHY" testitie<l as follows: 

Direct examination by Mr. J, R. Price: 

Q. You live in Big Lick Township'?—A. Y"es. 

Q. Are you a registered voter and wei*e you registl?red for the last election 
Unit took place on November 2?—A. Y’^es. 

Q. Did you go to the electioh?—A. Yes. 

Q. Did you vote'.'"—A. No. 

Q. Why'i —A. I seen we were not going to get in, and me and Willie Hatler 
liaired olf. 

( 'ross-examination by Mr. W. L. CamphelT. : 

M’ho did you say ])aired off with you?—A, Willie Platley. 

He was a Republican and you a Iiemocrat'?—A. Yes. Neither voted; just 
left the polling place. 

Q. Did you ti’.v to vote at all'?—A. I seen it was no use. 

(j. What time did you get thei-e and what t.me did you leave'?—A. 1 got there 
something like 8 o’clock. 

Q. Left what time?—A. Well, it was about half an hour of sun. 

Cj. Had you paid your jioll tax prior to May 1?—A. Yes. 

Mr. HRUCP: FURR testified as follows: 

Direct examination by Mr. J. R. Price: 

Q. You live in Oakboro, Big Lick Township'?—A. Y^e;;;. 

Q. You were a i-egistered voter out thei'e and was registered for the 1920 
election'?—A, Yes. 

Q. You voted, I believe'?—A. Y>s. 

Q. AVhat were you doing all that day'?—A. Well, I was appointed as a 
si>ecial police, 

Q, Did you make any effort that day in any way to get the voters lined up 
to go up in a line'?—A. I saw about 8 or 8.30 they were not going to get to vote 
and wanted to line them up alphabeticall.y and a lot objected to it. 

Q. AVlio did you talk with about that'?—A. Well, Mr. Richardson and also 
Mr. Whitley. 

Q. Anybody else?—A. I did talk with sevei-al, and they all said it was no use, 

Q. What did Mr. Whitle.v say'?—A. He said he did not think it was any u.se; 
that they could not do that. 

Q. So they did not cooperate with you in getting them lined up?—A. They 
were trying to—0 or 8 trymg to—get in the door at the time, and if they would 
have taken one man at the time I believe they would have gotten along better. 

Q. Mr. MTiitley is a Repulilican and you talked it around with the Repub¬ 
licans and Democrats and tried to get them lined up'?—A. I wanted to line 
them up alphabetically. 

(j. That would have treated, you thought, all alike'?—A. Yes. 

(j. And you think the election could have gone faster?—A. I know it could, 

Cros.s-examination by iMr. T, R. Burleson: 

(j, ^^’here were you i*aised —A. A\>stern part of the county. 

Q. Are you married?—A. Yes. 

‘ Q, How long have you been married?—A. August .10 two years ago. 

(}. Y"ou were in the Army?—A. Yes. 

Q. How long have you been living in Big Tack Town.ship?—A. Ldrst day of 
August two years ago. 

Q, Now. you say .vou ob.served at 8 o'clock that the way they were voting 
that all the electors would not get to vote'?—A. 1 did not say 8 o’clock, hut 
about that time; it was early that morning. 

57G95—21-69 



1090 


CAMPBELL VS. DOUGHTON. 


That was within an hour or hour and half after tlie ik)1!s were open?—■ 
A. Yes; somewhere around there. 

Q. Will yon tell the court wliy it was?—A. AVell, they were crowded in too 
iniicii at the door. 

Q. Yon saw then they were not goiiij!; to vote?—A. I saw that it would not 
do to crowd. 

Q. You say at the rate they were voting people they would not get them all 
voted?—A. Yes. 

Q. At 8 o’clock you made the suggestion that they he put in an alphabetical 
line, at which time it was raining?—A. I think the rain was a little later than 
that; I won’t he positive. 

Q. That is all you know about it?—A. Y"es; I was there all day. 

Mr. D. K. KENNKDY, recalled, testitied as follows: 

Direct examination by Mr. J. II. Pkice : 

Q. YY)U stated this morning you were one of the poll holders; do you know 
S. S. Whitley. Arthur Little, and ]M. I.. Hone; do you know their politics?—A. 
Yes. 

Q. What are they?—A. Democrats. 

<,). Were they ])resent at the election?—A. They were. 

Did they vote?—A. They did not. 

D. Do you know D. E. (h-owell and J. F. Howell; were they at the election?—A. 
I could not say whether they were or not; Crowell was there. 

Q. Did either vote?—A. They did not. 

Do you know their politics?—A. Democrat. 

Cross-examination by Mr. I. II. Burleson : 

Q. Do you know where these gentlemen are now?—A. Yes. 

Q. So far as you know, neither of these four gentleman are sick?—A. I do 
not know. 

Q. So far as you know, there is no reason why they should not be here in 
person?—A. I don’t know a thing about that. 

Q. You do not know why neither of these four did not vote, do you?—A. I 
knoAv Arthur Little—lu‘ told me with his own mouth—.said he could not get in 
there. I asked him why he did not come on and vote, and he said he could not 
get in. 

Q. What time of day was that?—A. In the evening. 

(J. Tliat was Ihe tirst time you saw him?—A. Y^es. 

Q. You don’t know whether he wanted to vote except what he told you?—A. 
Yes. 

Q. He is a stout man ; he could have gone in through the crowd?—A, He could 
have gone in thei-e if he had gone in like a brute. That is about the way they 
had to come in there. I expect he had a little too much gentleman in him to 
do it. 

Q. You don't mean to say some of my Democratic friends who went in, who 
testitied here, went in that way?—A. They did. 

(}. You don't mean to say C. C. Furr did that?—A. Yes; he came in there 
just like a man shoveling mud. 

Q. This man .1. F. Howell, you don’t know whether he was there or not?—A. 
Don’t know. 

i}. Did you see YI. L. Hone?—A. I saw him. 

(y You don't know whether either of these gentlemen had tickets for Camp¬ 
bell oi’ Doughton or not?—A. I do not. 

Iledirect examination; 

Q. Ho know where Arthur Little is?—A. He Is on a jury in the Federal 
court. 

Ylr. J. M. BOYETTE testified as follows: 

Direct examination by Ylr. II. L. Smith; 

Q. I']) until the first Monday in December, 1920, for several years i)ast what 
position did you occupy?—A. Register of deeds. 

Q. As register of deeds what position did you occupy to the hoard of county 
commissioners?—A. Clerk. 

(). I ask you to look in the book marked “Minute Docket No. 4.’’ and ask you 
if that is the record you kei)t while clerk to the commissioners?—A. Yes. 


CAMPBELL VS. DOUGHTON. 


1091 


Q. I ask you if any order at any time was made by the board of commissioners 
of the comity exempting soldiers and sailors in the World War from the payment 
of poll taxV—A. Yes. 

Please turn to that order in the book and give us the date and read the 
exact order for the record?—A. This first was made here on the first Monday in 
May, 1U19, and the subject of the sheriff’s taxes for that year came up, and it 
was discovered that a good many soldiers were taxed with poll tax, and he 
could not collect them, and this order was made. The order reads as follows: 
“ Crder that all soldiers and ex-soldiers be relieved of paying poll tax for the 
year 1919, also for the year 1918, and that the sheriff be relieved of paying 
the poll tax of soldiers and ex-soldiers for the year 1918, and that he tile with 
this board a certified list containing the names of such soldiers’ and ex-soldiers' 
taxes that is unpaid, and that he be relieved of the same.” Dated May 15, 1919. 
^liniite Docket No. 4, page 15. 

Q. Was there any other order made at any other time?—A. Yes, sir; on March 
1, 1920, pages 59 and (50, Minute Docket No. 4. This order was an ainendnient to 
the order on page 15, and reads as follows: ” It is, therefore, ordered that the 
order passed liy this board on May 5, 1919, releasing soldiers and ex-soldiers 
of paying their poll tax for the years 1919 and 1918, the order of which is as 
follows: ‘Order that all soldiers and ex-soldiers be relieved of paying poll tax 
for the year 1919, also for the year 1918, and that the sheriff be relieved of 
l)aying poll tax of soldiers or ex-soldiers for the year 1918, and that he file 
with this board a certified list containing the names of such soldiers’ and ex¬ 
soldiers’ taxes that is unpaid, and that be be i-elieved of the same,’ to be found 
on page 15, Minute Docket No. 4, be amended as follows: ‘To include all 
sailors and ex-sailors, all members of the Aviation Corps—that is to say, that 
all soldiers and ex-soldiers, sailors and ex-sailors, and member of the Avia¬ 
tion Corps—who was at that time in the service of the UnitfHl States Govern¬ 
ment or those uho are honorably discharged from the service as soldiers or 
sailors or members of the Aviation Department, be, and that they are hereby, 
relieved of paying p<»il tax for the years 1918 and 1919, and that evidence of 
such service sliall be considered duly proven upon the presentation of an hon¬ 
orable discharge from the service of the Army, Navy, and Aviation Corps.’ ” 

Q- Was there any other record made at any other time, Mr. Boyette’.''—A. 
Nothing exc(‘pt tlu‘ soldiers who had ])aid their poll tax and who presented a 
receipt ; they were refunded. 4’he soldier's name and the amount refunded to 
him appears in the docket. 

Q. Dal the conte.sta.iit. Dr. (’ampl)ell, appear before the board of commis¬ 
sioners, and if so when, iisking that the soldiers and sailors be exemi)ted from 
the ]iayinent of i)ol] tax’?—A. He appeared on this date when it was amended; 
it was March 1, 1920. 

Q. What statement or request, if any, did he make’/—A. He asked the board 
of commissioners to iH'lieve soldiers of ])aying taxes for the year 1919 and this 


first order that appears on page 15 was showed him and we asked if that was 
satisfactory and he said it was. and they discovered at that time that they 
had omitted (he sailors and nu^mlx'rs of the Aviation Corps and theie ^^ele a 
good many of Stanly County boys in that and this amendment was passed. 

(}. Now. Mr. Boyetb*. T will ask you if you know whether or not diirimr the 
election of 1920 that the election officials of the county acted upon that and did 
not challenge any soldiers or sailors on account of nonpayment of noil tax? 

A. They wei'e furnished cei’tified (‘opies of those two orders. T made them uji 
myself. c(*i-tified to it and mailed them myself and in some cases delivert'd them 
in ])erson and they wej’e asked not to challenge any of them. 

t). So far as your ]>ei'sonal kno,whMlg(‘ goes, were any soldiers or sailors de- 
barre<l of the rigl^t to vot(‘ on account of the non]>ayment of poll tax? A. No. 

(}. T believe you were a candidate foi’ I'eelection for registrar of deeds in that 

election?—A. Yes. . . . . , ,1 i . 

C}. Stat<* whethei* or not you M’ere g(merally familiar with the nroceduri' go¬ 
ing on ]U'ior to and at the election in rc^gard to such matters? A. 5 es. 


Mr. T. vS. PARKETl. te.stified as follows: 

Direct examination by ATr. Tl. T^. Smtttt: 

O. Prior to the first Alonday in December, 1920. what official position in 
Stanly County did you occupy?—A. Chairman of the board of county commis¬ 
sioners. 


1092 


CAMPBELL YS. DOUCiHTON. 


(). Were y<ui clciinDaii of the heard wiien an order was j'assed (‘Xeinjttin,^ 
sailors and soldiers from the i)aynient of iioll taxV—A. Yes; the first. I believe,, 
was ill May. 1939, on ])aae lo of the hook, and the second in March 1920. 

(J. Wlio else were nienihers of rhe hoaial of commissionersV—A. F. INIabry 
and (leorj^e W. Dry. 

Q. Mr. Parker, did the eonte.stant. Dr. Camphell, come before the board at 
any time and ask that the sailors and soldiers he exem])t from the payment of 
poll tax on occonnt of their service in the World War?—A. He did. 

Q. Do yon ivmemher the date?—A. 1 think, on the first IMonday in IMarch,, 
li)20. 

i}. That is the time the amendment or second order was ita.ssed?—A. Yes. 

Q. Do yon know whether or not that flie election officials of Stanly ConntY 
M'ere instructed in re.uard to tluvse orders and instructed to not debar any .sailor 
or .sohlier on account of the nonpayment of i)oll tax?—A. M’e aave those in- 
strnctions. that no soldier would he de])rived of his vote on a<‘Coiint of his not 
payiiif^ his poll tax: that he had been le.aally relieved of his iioll tax. 

(The contestee tenders Mr. Ceor.ue W. Dry, another meinbei- of the boaril of 
commissioners at the time tliat the two ord(‘rs identified by Messrs. P>oyette and 
Parker were i)asst'd, and state that the contestee ex])ects to show by him that 
said ordei'S were jiassed and that Di‘. Camphell. the contestant, came before the 
board at the time the second order was pas.‘<ed and a.sked that such an order 
should be made, and tender him to the contestant for cro.s.s-examination.) 

Mr. J. M. BOYETTE, recalled, testified as follows: 

Direct examination by Mr. K. T.. Swith: 

Q. ISIr. Boyette, I believe yon stateil on yonr otlu'r (‘xamination a few minntes 
ajro that yon were candidate foi’ reelection for the ottice of re.^istrar of deeds 
in 1920, and as .such you were fi:enerally familiar with the procedure during 
that election?—A. Y’es. 

Q. I will ask you if you were frecpiently in Democi-atic headquarters and in 
the meetings held in Democratic head<inarters and have knowledge of what 
took place?—A, 1 was there frequently: not at all of the meetings, but a good 
many of them. 

Q. I will ask you if at any time duilng any of Ihe meetings you were present 
or if you ever heard at any time of any jdot or iphni or schome that was devised 
by the Democi-ats to challenge or debar 400 or .lOO voters in Big Lick and Furr 
Town.ships from the right to vote?—A. No. 

I call your attention to some evidence given by Homer Smith in, the hear¬ 
ings taken by the contestant in which the following question was asked him: 
“ State if you know about any conspiracy with any ])erson i-elative t<* hindering 
and delaying voters in Big Lick and Furr Townshii)s i)rior to the election?—A. 
lYell, there was one man told me a little about it. (). When was it?—A. Next 
to the last Sunday in October. Q. What year?—A. "l920. (). Now, what was 

told you?—A. He came down to my father’s house, nu' and my father was sit¬ 
ting on the front porch and were talking, and he said to me. ‘ T can put vou on 
a few things now if you won’t give me away.’ Q. Well, what were they?—A. I 
said, ‘ M hat is it?’ lie said, ‘T was iqi in Tfemocratic headquarters on Friday 
night.’ Q. Friday night before that?—.\. Yes. (}. What date was that?—A 
That was the 22d of October, 1920. (y And what was said?—A. He sai<l there 
was a couple of ])lans that they had figured on and they were lo challenge and 
hold up the election in the strongest Bepuhllcan iirecincts and try to knock out 
r)00 from voting.’ T will ask you, ^Ir. Boyette, from your knowledge of what 
took place in Democ'ratic headijuarters and handling th(‘ Tlemocratic canqiaign 

in the county if you have any knowledge coucerning any such jilot or plan?_ 

A. I never heard it mentioned. 

Q. Who was chairman of the Democi-atic Partv dui-ing that camna’‘>-n‘^_ 

A. Mr. B. N. Furr. ’ i ‘ • 

Q. Who his assistant?—A. W. L. IMann. 

Q. Now, he goes on to say here that he had another conv(M*sation with this 
same man on Saturday evening before the election and said he was in there 
the second time and reiterated that he heard the same thing over- state 
whether you know anything about that or not?—A. No. sir. One tlriig I 
volunteer to give you relative to those things, and that is this: That duHno- 
the campaign Mr. .Tosh IMorton, who was Beimblican candidate for sheriff, 
came to me and said tliat lu' had been informed that there was a sidieme laid 


ca:mpbell ys. doughton. 


1093 


\ 


to i)ro\ent the i)e()])!e from refiisteriiii; wlu) eonld not exi)]aiii tlie constitution; 
that )s, meet tlie constitntio)ial recinirenient on account of education. I told 
him tliat I would ijo and use my inlluence aiul insist on every whitt' woman 
and white imni in wStanly hein.a- ])laced on the ref;istration l)ooks and ^tive him a 
chance to vote, and I went out and did that accordinj? to inv agreement with 
Itim. 

Gross-examination hy Mr. W. L. ('.viinnEia.: 

Mr. Koyette, you say you were out cami)aigning along about the time 
Miese meetings wei-e being h.eldV—A. I was at the meetings mostly; stayed 
around the coifrthouse. 

C^. oil did m ss some of them?—A. I could not attemi them ail. 

You don’t know v.diat transpire 1 v.diile you were not there?—A. No; hut 
about all thing:s were brought to my attention. 

Q. Mr. K. N. Furr had gone M'est during that time?—A. IMi-. IMann was 
acting in his absence. , 

liedirect examination: 

(J. I ask 3^)11 if IMr. Furr was not hack on Saturday before the election?— 
A. He came back a couple of weeks before the election. 

Mr. K. N. FUKK testified as follows: 

Direct examination by Mr. R. L. Smith : 

Q. You were chairman of the Democratic executive committee for 1920?— 
A. 1 was. 

Q. It was stated—I believe it was brought out—that you were av,'a.v; state 
the date you left and the date you returned?—A. I left (October 2 and returned 
the 19th. 

Q. So you were back on the 20th, 1920?—A. Game back on the 19th. 

th State \vho was left in charge as your assistant of headquarters while you 
were gone?—A. IMr. IV. L. IMaim. 

Q. I ask you. while 3 ’ou were chairman, in active charge of the campaign, 
if you know or have an 3 ' information concerning an 3 " plot or plan relative to 
depriving 500 voters from voting in the strongest Republican precinct of the 
county?—A. I do not. 

(J. State if you ever heard of an 3 ’’ such plot or plan?—A. Never did. 

Q. M'ell, do you know of any similar plan or anything pertaining to that to 
kiJock any numbei' of voters, either Re]uiblicans or Democrats, out of the right 
to vote?—A. I do not. 

Q. Do you know of any scheme to deprive anybody to vote during that cam- 
]uiign?—A. I do not. 

:\ri-. IV. L. MANN testitied as follows: 

Direct examination by Mr. R. L. Smith ; 

(]. You were in charge of the Democratic headquarters and acting chairman 
of the Democratic executive committee, I believe, during the absence of Mr. 
Furr, chairman?—A. Yes. 

i}. I ask you if you ('ontinued actively in that position, even after he re¬ 
turned?—A. Yes; I was assistant. 

Q. I ask you if you were familiar with what took place in Democratic head¬ 
quarters at the various meetings held there from time to time?—A. Yes. 

(p I ask you if you know, of your own knowledge, or have any information, 
of any scheme or plan that was devised or planned at any time during the 
campaign by which 500 or any number of voters M'ould be challenged or de- 
])rived of their right to vote in the strongest Republican precinct of the 
county, or an 3 " other precinct in the count 3 "?—A. I did not. 

Q. State if you ever heard during the campaign, or until this contest was 
started, that any such allegations had been made of any such scheme or 
plan?—A. I did not. 

(>. I ask you if tlu're was any scheme oi- plan that you have any knowledge 
of to delay the election in any of the i)recincts so that all the voters could not 
vote?—A. No, sir. 

Q. I ask you if you ever lieard of any such plan being discussed or talked of 
at bemociTitic hesid(piarters, or any of the meetings prior to the election?— 
A. No. 


1094 


CAMPBELL VS. DOUGHTON. 


(^ros.s-examination by INIr. I. K. Burleson : 

(J. Do yon recall of all the rejii strati on l)ooks of the various townsliii)S beiui? 
brought ill to Democratic beailiiuaiiers dnrin.a: re.£i:is'tration iieriod?—A. Tliey 
u’ere not brought iu there, 

Q. Which, if any?—A. None that I saw. 

Q. Don’t you recall of hearing Kd Hartsell and various registrars testifying 
tliat tliey hrouglit tlieii’ hooks to Deinocratii* heaihiuarters?—A. I was out of 
town. 

Q. If they were brought to Democratic headiiuarters you wer(‘ not there?— 
A. Mr. Hartsell might have brought it over there to have the list copied; I 
think he did, hut that was in order to get the services of a stenographer. 

Q. Did not Mr. Troutman bring Ids?—A. He might have done that for tlie 
same purpose. 

I believe you are one of the attorneys for the contestee?—A. Yes. 

Q. Your name appears here?—A. T think so, ^ 

Q. You were not in Democratic headquarters all the time?—A. No; I was 
not there at all the meetings of the county ; I was not at all the townsldps, but 
I was at all the meetings wliere any plans were laid. 

(}. And you do not know vdiat was going on at Democratic headquarters 
when you were not there?—A. IMy office is right below it and so far as any 
matters pertaining to county plans I wouhl know. 

(}. You were looking after your hnv practice all the time and your office is on 
one floor and Democratic headquarters on another?—A. Yes. 

Redirect examination : 

(>. You were consulted. and daily in touch with Democratic headquarters?— 
A. Yes. 

Any matters discussed were brcaight to your attention?—A. Yes; Mr. 
Fui-r and mysi'lf would always confer and there were no plans or schemes or 
anything done by Democratic headquarters that I did not know about. I do not 
know what was done in the townships; 1 did not meet with all of the men, 

Kecro.ss-examillation: 

Q. You <1o know that iu Farr and Big Ta'ck Townshijis there were quite a 
number that did not vote?—A. T do not know it: I have heard it. 

Q. They are the only two townships iu the county you have heard of—Furr 
and Big Lick?—A. Yes. 

(}. They are the two sti*ongest Reimblican jirecincts in the county?—A. All 
of them, I think, is about as strong. 

(^. But, according to numlxu*, isn’t there more Reimblican votes cast in Furr 
and Big Lick than any other pivcincts in the county?—A. I think so. 

R). Almond is a small townshi])?—A. I don’t remember, but it is solid Re- 
publican. 

Q. Almond is a small township, compared with Furr and Big Lick?—A. I 
don’t remember the proportion. 

(}. Now, Big Lick and Furr is the only place you have heard of where they 
did not all get to vote?—A. I think so. 

Q. I will ask you further if these are not the only two precincts that the men 
allowed the ladies to vote and they stood back?—A. I am not informed. 

(}. Have you heard of any town in the eighth congressional district doing 
that?—A. I liave not heard anything about it either way. 

(>. You have heard they did that in Big Tack and Furr?—A, T have heard 
some of the witnesses testify. 

Redirect examination : 

Q. There were other large Republican precincts in the county, Albemarle No. 
3, Almond No. I, and No. 2?—A. Yes. 

Q. Eudy, large Republican, was it not?—A. Yes. 

Q. Big Lick and Furr was the largest numerically in the county?—A. Yes; 
unless—I believe it is No. 3, in North Albemarle, is as large as either of those. 

Q, You have not heai’d of such crowding and .lamming and interfering with 
tlie election officials as has been report(Ml to take place in Furr and Big Lick, 
have you?—A. No. 

Recross-examination; 

Q. Flave you heard a single election official swear that they were interfered 
with in any way in Big Lick or Furr?—A. I did not hear any of the officials 
testify; I was in Washington and Philadelphia. 


CAMPBELL VS. DOUCHTON. 


1095 


1^. Have you not looked at the recoi’d. which youf associate, Mr. Smith, has 
in his possession now, in wliicli lie statial he was not interfei'ed witli or 
bothered in any wayV—A. I liave not read it. 

(}. Did you heai’ Kay Sossinan, of Fui’r. t(‘stify that In* was not bothered?— 
A. T was not in town. 

(}. Will you tell us wlio you heard swear that they were interfered with?— 
A. I did not hear anyone. 

Q. Will you jjive us the names of any person or pei'sons who have testitied 
or stated to you that they were interfeivd with?—A. I do not re<'all jiny 
si>ecial person. 

Q. Are you familiar with the numlier of votes cast in the various town¬ 
ships?—A. I can’t recall them ri.stht now; 1 did know them. 

Q. Do you know that P>iix Lick Townshi]) cast more votes than Eudy, Almond 
Nos. 1 and 2?-,—A. I i*ecall Rijj: Lick cast about 740 votes. 

Q. And there was over a thousand re.aistered?—A. I don't rei'all; I re(*all 
]Mr. Efird was in my oliice before the election and his book showed about a 
thousand on the book and he was very much woiTied for fear he would not 
lie abh‘ to /iet the vote cast there and wanted to know if we could not get 
two registrars, and 1 told him I did not think that would be legal ; that ho 
would have to vote them as fast as jiossible. 

Q. Now, Mr. Mann, tell the court about how many you registered in Almond 
No. 1.—A. I don’t remember. 

Q. But yon do know in Euir and P>ig Lick the ratio is greater than any 
other precinct'?—A. T think the ratio for Keiaihlicans and Democrats is 
greater in Almond. Imt don't think the votes were as large by any means. 
I think there is 400 oi‘ 500 in No. 2 Almond, as I recall it. 

Q. Don’t you know thei-e was not hut about S or-10 Democrats to 170 Kepuh- 
licans'.-'—A. I don’t know about that : I was Just guessing at the number. 

Q. P>ut you do know in P>ig Lick Tow])ship theiv is between 7(K) and SOO 
Keptiblicans?—A. No; I don’t know that. 

Q. Don’t you know it is i-ei»uted to be al)out that'?—A. No; I don't know that. 

About what would you say is the i-eputed number?—A. I can't say. 

Kedirect examination ; 

Q. I will ask you if all the infoi-mation yon have to go by is the vote that 
is cast?—A. Yes. 


Kecross-examination : 

7)0 you not have ii list of eveiw i-egistiair in v^tanly County in the Demo¬ 
cratic hemhiuarters; don’t you have a list of the registration books and every 
man or woman that is on tin* hooks in your office or Democratic headquarters? 

A. I do not know whether there is or not. 

Q. You did have during the cani])aign?—A. ]My recollection is I had pretty 
nearlv a complete list of the new registiaints. 

Q. You had a list each week. At the close of the week each registrar would 
send you a list of how many they registered and you kept that on tile each 
week*?—A. Some of them did and some did not. 

(). The repute<l politics was marked after each one; for Democrat and R 
for" Republican, and DD for doubtful Democrat and DR for doubtful Repub¬ 
lican'?—A. There were no DD’s. 

Q. Your list that came in from the i-e.gistrars over tin* county was usually 
checked up fis to their reiuited politics'?—A. 7 es. 

Q. And that was kept u)) from practically evei-y registrar in the (*ounty 
dui’ing the campaign?—A. Most of them did. 

Q. 7)0 you know if they gave tlie Republicans a list of them also?—A. T 

do not know. 

(I You do kn(»w they came to a 7')emocratic regi.strar in your presence and 
asked for a list of the registrants?—A. No; they, did not. 

(>. You do know there was a list made out after the registration closed for 

tiumi'.''_A. 7 think Mr. Plartsell and Mr. Troutman made out a list, perhaps for 

the Republicans and perhaps for the Democrats. 

Q. And you know that was just i)rioi- to the election?—A. Yes; after the 

registration clo.sed. ^ . nr x-, • i tvt- 

(y That was made out in Democratic headquarters?—A. 7 think Miss L^ffie 

Tui'iier. 

i) She was employiMl in Democratic headquarters, and it was in your Deim)- 
cratic headquarters'that Mr. Doiighton’s campaign was waged from?—A. No^ 


ia96 


(’AMPBELL VS. DOUGHTON. 


(). Did INIr. Doiii^liton liuve a separate c‘aiiipai,i?n lieadqnarters?—A. He did 
not have any headquarters in Democratic lieadquarters. 

(}. Viio looked after Mi’. Donshton’s campaijifn?—A. I think Mr. Price looked 
after it. 

(}. He was workinir in harmony with you all?—A. I suppose so. 

Q. Would you mind tellinj? how much campaif?n funds Mr. Doujjhton con¬ 
tributed to your county?—A. I had nothing to do with the funds; I don’t 
know how much anybody contributed. 

Q. You state that the registrars from the townships sent in to you as as¬ 
sistant chairman of the Democratic executive committee; did you have to pay 
them for those lists?—A. I don’t think I did; I don’t know what IMr. Furr did. 

Q. They furnished them free of charge?—A. I had nothing to do with tlie 
paying. 

Q. You do know INIiss Turner, your stenographer, or stenographer for Dem¬ 
ocratic headquarters, had to be paid for making out a list for the Republicans 
at the clo.se of the registration period?—A. I do not know that, Mr. Burleson. 

(The contestee make this statement into the record: “In view of the fact 
that the contestant, Dr. .T. I. Campbell, appeared before the board of county 
commissioners of Stanly County and urged the exemption of all soldiers and 
sailors from tlie payment of poll tax. and in view of the further fact, at a 
previous hearing in this (*ounty, the contestant, through his counsel and son. 
Walter Campbell, stated that the contestant did not propose to challenge the 
vote of soldiers in Stanly Count.v who had not paid their poll taxes, which 
statement seems to have been omitted by the stenographer reporting said hear¬ 
ing, therefore contestee now. through his counsel, makes inquiry of the con¬ 
testant for a statement for the record as to his position of this matter in 
Stanly County.” The contestant, through his counsel, rejoins that his pro¬ 
cedure and the procedure of his counsel is a matter of record taken by the 
court; that the contestant, so far as he knows, has not challenged any soldier 
or sailors or ex-soldiers or ex-sailors in Stanly County on account of the non¬ 
payment of poll tax, and as the matter'now stands he has no other challenges 
to make in Stanly on the nonpayment of poll tax.) 

:\Ir. H. C. TURNER testified as follows: 

Direct examiation by IMr. R. L. vSmith : 

Q. Were you present on the last day of the testimony which was taken in 
the court house here by Dr. Campbell in this contest?—A. Yes. 

Q. Were you present at the time .T. A. Little, clerk of the court, was asked 
to refer to the poll-tax list filed by the sheriff with the clerk and see if certain 
parties had paid their poll tax?—A. Yes. 

Q. I ask you what statement, if any, you heard Walter Campbell, counsel 
for the contestant, make about the nonchallenging of soldiers?—A. He said 
they were not going to challenge either soldiers or sailors for the nonpayment 
of poll tJix in Stanly. 

Q. I will ask you at that time if he did not ask that two or more names 
be .stricken from the record?—A. My recollection is he did. 

Q. That was done because they were soldiers or sailors?—A. Yes. 

Cross-examination by Mr. W. L. Campbell: 

Q. You don’t recall at the time these names were asked to be taken off the 
record that I said whether it was for another reason that I asked them to 
be erased?—A, I don’t recall; I know the doctor got up and made a statement. 

Q. Y’ou don’t remember who those people were that were challenged, do 
you?—A. No; but I know several who were challenged at that time. 

]\Ir. J. A. TATTLE testified as follows: 

Direct examination by INIr. R. L. Smith : 

Q, I ])elieve you testified the last day, on Tuesday, that Dr. Campbell, the con¬ 
testant, took evidence in this cause some time ago?.—A. Yes. 

Q. I a.sked you at that time if you were not asked to refer to the poll-tax list 
filed with you by the sheriff and to see whether or not the list showed certain 
people had not or had paid their poll tax or if you found their names on the 
list?—A. Yes. 

Q. I ask you what statement, if any, was made by Walter Campbell, attorney 
for the contestant, at that time in regard to challenging sailors or soldiers in 


CAMPBELL VS. DOUGHTOX. 


1097 


Stanly County on aoconnt. of the nonpayment of poll tax?—A. ISIy redleetion 
is Mr. Campbell said they were not ehallen^ini*' the soldier hoys or sailors; I 
especially remember the soldiers. 

Q. State if that was limited to Stanly County only?—A. I think it was. 

Q. I ask yon if yon lememher that he asked that two or three names that 
he had previously called he stricken from the record for the reason that ther 
were soldiers or sailors?—A. Yes. 

Cross-examination by IMr. C.\]\rPBELL: 

Q. When yon were on the stand in onr last hearing; yon were asked some- 
thin£? in regard to the registration hooks in yoiir office, and the poll hooks, and 
to the best of my memory yon said as soon as yon had lepil advice yon would 
do as yon thon^i’ht best; if yon found yon should turn them over to the lejjal 
custodian yon would do it; 1 ask yon if yon have done that?—A. 1 have not. 

Q. Have yon sonjiht any counsel on this matter and discussed it with lejjal 
authorities, and what was your information?—-A. My attorneys advised that. I 
hold on to the hooks until tins contest closed ; that Dr. Campbell had had free 
access to the books and that it was nothing more than just, and fair that INIr. 
1 )ong:hton have the same privilege. 

Q. Yon don’t think he would have access if they were turned over to the 
legal custodian?—A. I don’t know about that: T could not say. 

(}. Have yon ever been refused any book by the register of deeds which 
would make yon think he would not?—A. I have never asked for any. 

Q. AYhat attorneys did yon discuss this matter with?—A. It. L. Smith and 
J. It. Price. 

Q. They are both attorneys for the contestee, his friends, adherents, and 
partisans?—A. So far as I know. 

Q. Do yon recall when I asked that the two names he stricken from Ihe 
record whether or not it was on account of poll tax or for some other reason?— 
A. ^fy recollection is the matter was brought up as to the soldiers and yon 
asked that these two names he stricken from the record, as they were snp; 
posed to be soldiers and yon were not challenging the soldiers’ vote. 

Q. P>nt that did not regard the poll-tax question, did it; the poll-tax question 
was not involved in that?—A. I would not suppose it would have been unless 
it had been a soldier. 

Q. Soldier or no soldier, the object yon understood for my getting the nam(*s 
■off was for poll tax?—A. I don’t remember that the statement was made just 
for poll tax; the statement was made by yon that yon were not challenging 
the soldiers’ vote'. 

Redirect examination: 

Q. At that time yon were being asked about whether the names of said 
parties appeared on the list as having paid their poll tax, and that was the 
subject under discussion at the time?—A. Yes. 

Q. And there was quite a lot of names gone over that yon were asked about 
from different townships?—A. Yes. 

Q. And about the close of that list Mr. Campbell, attorney for the contesLint, 
asked that two or three names be stricken from the list; that they were not 
challenging the soldiers’ vote?—A. That is my recollection. 

Q. I ask yon if poll book for Albemarle No. 1 has ever been returned to your 
office?—A. No. 

Q. I ask you if you know whtdher or not from the time that the election 
books, (*onsisting of the registration and poll books, were deposited with you 
after the election on November 2 that anyone took any of those books out of 
your office except the contestant. Dr. Campbell?—A. The only book taken out, 
excejjt the hooks taken by Dr. Cami)bell, was No. 2, as I have testified before, 
was taken to Mr. Price’s office on one occasion. 

Q. Repeat the occasion about taking the book to IMr. Price’s office.—A. ]Mr. 
Troutman came over to my otlice and asked that I let him have No. 2 poll and 
registration book to cai'ry over to IMr. Price's office, and I consented, and they 
were returned the following morning. They went over one evening and were 
returned the following morning. 

Q. I believe you went with the books or while they were thei-e?—A. Yes; 
but I did not stay all the time the hooks were there. 

Q. I ask you if both of those books were returned to your office?—A. Yes. 


1098 


CAMPBELL VS. DOUGHTOX. 


Keeross-exarniiiatioii by Mr. Oamphp:ll: 

Q. At tlu‘ time I was calliii!; these mimes to you in that former hearinit I 
was reading off a list I laid, was I not?—A. I think so. 

Q. And 1 called the name of Hathcock and Swarinuen. two hoys from 
Norwood?—A. I could not testify to the names; there were so many. 

Q. Later I ask you if I did not ask that they he erased on account of their 
not beinjr residents of Norwood?—A. I don’t rememher that. 

Q. You rememher the nit;ht this No. 2 hook was taken to the office of iNIr. 
Price; you went there with the book?—A. Yes; I went ovei* with the books. 

Q. You left the book over there and they were returned next morninjir?— 
A. Yes. 

Q. They were the only books that have been tampercMl with?—A. I don’t 
know; they were the only books taken out of the office except when Dr. 
Campbell took some out. 

Q. I ask you if you did not hear Mr. Troutman swear that the l)ooks had 
been tami»ered with?—A. I was not in the court room. 

Q. It was called to your attention the next day that they had been tampered 
with, was it not?—A. I can’t say it was the next day, but Dr. Campbell said 
some names had been added to the book. 

Q. They were taken out ou Friday ni.uht, and T ask you if I>r. Campbell did 
not tell you on Saturday?—A. I don't rememher what niffiit in the week the 
books were out, but I don’t think it was Friday ni.ffiit. 

Q. Didn’t you testify that no one had had poll book for North Albemarle 
No. 1?—A. I did not; I testified I did not kno\y whether anybody carried the 
poll book out for North Albemarle No. 1; that Dr. Campbell had carried out 
several hooks, but I did not know what they were; I did not look at them 
when he carried them out or when he liroimht them hack in. 

Q. So you don’t know what books he took out?—A. I testified to that be¬ 
fore. 

Q. Y^ou know he did not take them out of the courth.onse?—A. No; I do not 
know that; he told me he was p:oinp: to take them to yir. Palmer’s office. 

Q. That is acro.ss the hall from your office and where the law says they 
should be kept.—A. Across from my office. 

Q. Isn't that your interpretation of the law?—A. The law is laid down for 
you or some one else to say what it is. 

Q. What is your interpretation?—A. Just as it reads. 

Q. Just as it reads. What is the law, then'.-'—A. The law says the reffistrar 
and .judsres should turn the book over to the reuister of deeds. 

Q. So by sayin.u' that it is meant they should he in the reicister of deeds' 
office?—A. I sup])Ose they should he turned over by the reijistrar and jmlses. 

Q. If any other document or book of public naturi' were handled in throipjh 
mistake at your office that duly belonged to the reirister of deeds, would you 
keep it there?—A. If it was brought tlun-e and <'alled to my attention that it 
was for the register of deeds, I would turn it over to him. 

Q. If it was brought then* and you kiu'w the register of deeds was the cus¬ 
todian would you turn it over if he canu' and ilemanded them-—then would you 
keep them?—A. He came in and showed me the law and I read it. 

Q. And he came on the .stand and said he meant that as a reipie.st: a very 
polite way for asking for them?—A. Very ]K)lite. 

Redirect examination : 

Q. I heli(we this is the record givi'ii by the stimograpluM- of your I'xamina- 
tion : see if you were asked to refer to the ])oll li,st of Center Townshij)?—A. 
I don't see where I was asked to show Center. 

(y You are clerk of the court of the county?—A. Y(‘S. 

Q. I ask you if these hooks were taken out of the office by Di-. Campbell ; 
if you ever heard or saw of them being any idace other than the register of 
deeds’ office—A. The last time Dr. Campbell took them out of the office I had 
a call to the ]>hone and I asked for him over at the register of deeds’ office and 
they said he had gone to the sheriff’s office and I went over there and walked 
in and Sheriff IVIorton and Mr. Helms had the book for No. 2, I believe, at the 
time Dr. Cam])bell had walked out. 

Recross-examination : 

Q. You say you believe they were for No. 2?—A. I said that I believed; I 
am not swearing to it at all. 


CAMPBELL VS. DOUGHTON. 


1099 


Mrs. J. H. R()LT(')X testified as fellows: 

Direct exaiiiinatioii b.v INIr. R. L. Smith: 

(}. Yon were tlu‘ ofticial steiio^ra])her that took the evidence in the former 
hearinj; of Dr. (kunphell liere at tlie cenrtlionse on Tuesda.v, Fehrnary 28. T 
ask .von if yon remember a statenu'nt tliat wsjs made l)y Mr. Walter Cami)belt, 
attorney for tlu* contestant, that the.v were not challeimin.u’ an.v sailor or soldier 
in Stanly ('onnty for the nonpayment of i)o!l tax?—A. Yes. 

Q. Now, what was that statement?—A. At the time l\[r. AValter Campbell was 
examining: Mr. Little about the ])oll-tax list he asked me to refer to m.v notes 
and strike out the names of Fd Pri('e and a Milton. AV. E.. 1 think it was, stating 
that the.v were .soldiers and the.v did md want to challeniie them. T conld not 
tind the names at tlu' time and made a memorandnm on a piece of paper and 
erased the names at the time of the writinjr (»f the evidence. I still have the 
memorandum. 

Q. State why that statement of INIr. Campbell’s does not appear in the record 
as written up b.v yon at that time.—A. Air. Campbell .said that he would like 
to explain that he was striking' the names out because they were .soldiers. Tins 
was not to so in the recoi-d but .just an explanation. 

Q. And I ])resume for that reason you did not cop.v that statement in the 
record?—A. Yes. 

Cros.s-exaniination b.v Air. T. R. HinmESOx : 

Q. Do you know of a fact it was testitied to that Ed Price was a nephew of 
Hob Price, and that he had been out of the county for more than three years 
ami for that reason he was challenii'ed for nonresidence and not on account of 
poll tax? 

(The contestee ob.iects because that is a matter of ]-e(*()rd and the record 
speaks for itself.) 

A. Aly recollection is that it was testified to that Air. Price had been in the 
Army and out of the county for some time, but at the time his name was stricken 
out of the records Air. Tattle was bein, 2 : examined on the poll-tax question. 

Q. I ask you if Dr. Hall did not testify that he had b(*en gone from here for 
more than three years? 

(The contestee ob.iects for the reason that what Dr. Hall testified to is a 
matter of record.) 

A. I do not know how many years Dr. Hall said he had been out of the 
county, and my recollection is that he did not testify to that but .iust to the 
time when he left his employ; but I believe it was proven that he was in the 
service and out of the county for something more than two years. 

(The contestee ob.jects for the reason that the testimoipv of Dr. Hall is a 
matter of record.) 

C}. I ask you further if you do not ri'call that he was out of the service and 
now working at a wholesale drug store in Charlotte? 

(The contestee ob.iects for the reason that Dr. Hall’s testinumy is a mattcu* 
of record and if contestant insists on an an.swer suggests that the witness be 
allowed to refresh Inu- memory from the record which she herself made.) 

A. It was not brought out where Air. Price was. 

Q. I ask you if the other two names mentioned was not Dunlap Hathcock, 
who is a citizen of AAhashington, D. C.. and did neither list or i)ay any poll tax 
in Stanly County?—A. T only had two names, and they wei’o Price and Alilton. 

Q. A"ou have those two names yet in your i)ossession, have you?—A. T have. 

Q. If you have that memorandum will you put it in the record?—A. T will. 

(Contestee con.sents and requests that the mernorandum may go in the 
record.) 

(T have the memorandum and the names are hid Pric^' and AA'. C. Alilton.—Airs. 
.L H. R.) 

(Court adjourned at 5.80.) 

Tiiuksday, April 21, 1021. 

Air. .T. A. LITTLhl testified as follows: 

Direct examination b.v Air. J. R. Prk'k: 

Q. Have you in your possession the returns of the congressional election of 
this count.^• for the ycai’ lOlS?—A. A"(*s, sii‘. 

Q. Produce it, please. Does that return report North Albemarle precinct 
No. 2?—A. Y^es. 


1100 


CAMPBELL VS. DOUGHTOX. 


(}. rieas'e state for the benefit of tlie record tlie Democratic vote in North 
All)emarle precinct No. 2, election IDIS. 

(The contestant objects to tlie election returns for the year 191S as it is not 
material and has no connection with the election of ]920.) 

A. One hnmlred and sixty-one. 

(}. And the Ilepiiblican vote?—A. One hundred ami tifty-five. 

(j. Democratic majority, how much?—A. Six. 

(}. 1920 return for the same precinct; please report the Democratic vote?— 
A. Three hundred and twenty-eight. 

Q. liepuhlican vote?—A. Four hundred and seventy. 

( 5 . Now, state the Republican majority?—A. One forty-two. 

(}. Now, Mr. Little, please give us the total Democratic vote in the whole 
county for 1918?—A. Nineteen hundred and fifty-five. 

(Contestant offers same objections as heretofore entered.) 

Q. What vote is that?—A. Democratic vote. 

Q. How much?—A. Ninteen hundred and fifty-five. 

Q. Republican vote?—A. Seventeen hundred and ninety-seA-en. 

Q. Democratic majority?—A. One humired and fifty-eight. 

Q. Now, 1920?—A. Democratic vote in 1920, 3,836. 

(). And the Republican vote?—A. Forty-two hundred seventy-nine. 

ii. ^Majority?—A. Four hundred and forty three. 

Cross-examination by Mr. I. R. Rurlesox : 

Q. The last election was a general Repubbican landslide all over the Ignited 
States, was it not?—A. Supposed to be; yes. 

Mv. W. S. COX testified as follows: 

Direct examination by iMr. .1. R. ITice: 

(j. Where do you live?—A. Ludlow Street, Wiscassett Hill. 

(). What precinct?—A. No. 2. 

Q. You are a qualified voter in that ])recinct?—A. Y’es. 

AVent to the election and voted?—A. Yes. 

(}. Now. Mr. ('ox, in Dr. ('ampbelPs investigation here in the courthouse 
on February 28 or thereabout, he placed on the stand one Homer Smith, and 
i\lr. Smith was asked the following questions and answered them as follows: 
“ Ml-. Smith, state if you know about any conversation Avith any person rela' 
rive to the hindering and delaying voters in Furr and Big Tack ToAvnships 
jirior to the election?—A. Well, there Avas one man told me a little about it. 
(}. When Avas it?—A. Next to tlie last Sunday in (')ctober. Q. AYhat year?— 
A. 1920. Q. Noaa', Avhat Avas told you?—A. He came down to m.y father's 
house and me and my fathei- Avere sitting on the front porch and Ave Avere 
talking, and he said to me ‘ I can jait you onto a feAV things now if you AA'on’t 
ghe me aAAay.’ (}. Well, Avhat Avere they?—A. I .said, ‘ AVhat is it;’ he said, 
‘ I Avas up in Democratic headquarters on Friday night.’ Q. Friday night be¬ 
fore that?—A. Yes. Q. What date Avas that?—A. That Avas the 22d of Octo¬ 
ber. 1920. Q. And Avhat Avas said?—A. He said that there Avas a couple 
of Ilians they had figured on. and they AA'ere to challenge and hold up the elec¬ 
tion in the strongest Republican precincts and try and knock out 500 from 
A’oting. Q. Who heard that coiiA-er.sation besides your.self?—A. My father. 
(}. Noav, state if you heard anything further from this man relative to this 
matter?—A. Yes. Q. You can state Avhat time.-—A. (^n Saturday, October 
30, 1920. (}. That Avas Saturday before the election?—A. Yes. Q. Where Avere 
you til’s time?—A. Came up the street across from the depot and met him at 
the Weiner plant. (}. What Avas said then?—A. He said to me. ‘Do you want 
a drink,’ and 1 said. ‘ I don’t mind,’ and he said, ‘ Come on over here in the 
warehou.se.’ (}. What Avarehouse’?—A. IMorroAV Bros. & Heath. He said, ‘ I 
got something good for you.’ and AA-e AA'ent back in there and taken a little drink; 
he said, ‘ Noav, Avhat I Avas telling you last Sunday—they are plans the.v 
have figured on to outcount them Avhen they Avent to count their ballots.’ Q. 
So. in tAvo pi’ecincts they Avere to (‘hallenge them and keep them back and 
outcount them?—A. Yes. Cross-examination: Q. Who aa’US this. IMr. Smith, 
telling you all this blood and thunder story?—A. IMr. Simp Cox.” Noav, Mr. 
('ox. I ask you if any such conversation as this occurred betAveen you and 
Homer Smith?—A. No. 


CAMPBELL VS. DOUGHTON. 


1101 


ii. Oi; between you or jinybody else?—A. No; T nevei- Inid siieli eonversation. 
(L J>id you ever tell IL)uier Siuith or auylKKly else that vou had lieard iu 
I>euio(uatH‘ headquarters or auywliere that plans had been laid whereby aiiv 
miuiber of voters wt're to be knocked out or not counted?—A. No. 

Have you ever heard any such plans as that discussed?—\ I was never 
ui» there but twice, and there was uothiuj? like that then. 

(J. ^ oil have heard no such plans as that discussed anywhere?—A. No. 
iNIi. (ox, do you know the names of any of the parties up in Democratic 
headipiarters on these two occasions you said you were up there?—A. .Jim 
Lowder. I)an Si)ei,uhts, Thurman Mabry, Jim Mauldin, Ed. Hartsell, Frank 
Hlalock, Will Smith, Fred Smith, Henry Troutman; that is all I recollect. 


(’ross examination by Mr. I. IL Burleson: 

(L ^ on say you were up there two different iiijilits?—A. 1 was up thei-iy 
1' riday ni.j>:ht before the election and then on ^Monday ni^ht. 

(J. ^ on remember those two times?—A. Yes. 

(). M ere the same jiarties up thei'e both nijLthts?—A. These parties were uv) 
there on Friday ni.uht. 

(L The same iiarties were not up tlieiv Mijiiday iii^ht?—A. I don’t recollect 
seein^r them. 

(i. Now. I ask you if you vrei-e at the home of Mr. Will H. Smith on Sunday 
evenin.ir. October 22?—A. I don’t know; I jto down there riijht smart, since we 
are some kin. 

(J. \ ()U freipiently .ao down Sunday evenin^i?—A. Sometimes I do. 

(i. You don't mean to say you were not down there on this occasion?—A. 
won't say. 

Q. Do you remember seein,ir Homer Smith down at the weiner stand on 
Saturday evenin;^?—A. No. 

Q. Do you know Homer Smith?—A. Y'es. 

Q. Do you know liis general character?—A. It is jiood, I jiuess, so far as 
I know. 

Q. You say the night you were up there Mr. Henry Troutman was up there. 
He is registrar in your ward. Did he have his registration books with him?— 
A. I don’t think he did. 

Q, Did Mr. PAl. Hartsell have his book with him?—A. No. 

Q. Did they go over any names?—A. No. 

Q. What business was undergone?—A. All was said was to get the people 
out t(> vote. 

(). You have heard that there was quite a number of people did not vote in 
these two townshijis?—A. T have heai*d out a Oakboro. 

(}. P>ig Lick ami Furr?—A. Yes. 

Q. And these are the only tw(» you have heard of in Stanly County?—A. \"es. 

Q. '■J’hose are the townships it has been alleged you told him about?—A. I 
don't know. 

Q. That is what is alleged ; these are the two townships that Homer told you 
told him about?—A. I don't know about that. 

Q. Y"ou do know that Mr. Price asked .vou about Big Lick and Furr?—A. I 
don’t think he asked me anything about that. 

Q. Y^ou do know that these two townships are the two strongest Repub¬ 
lican townships in the county?—A. T have heard that. 

Q. YMu heard it discussed, and if it laid been done to keep back two or three 
Inmdred in Phirr and Big Lick and prevent them from voting the Democrats 
would likely have gone in’?—A, T don’t know, 

(}. YYiu do know Stanly County is very closely divided as to tlie Democrats 
ami Reiuiblicans’?—A. I could not say. 

Q. You know Stanly f’ounty goes Democratic and now and then goes Repub¬ 
lican?—A. Well, it has not gone Republican in several years. 

Q. P.ut it has?—A. Yes; it has gone Reiuiblican. 

(}. You know old man Sniitli, father of Homei- Smith ; he is of mighty good 
character also?—A. So far as I know. 


Redirect examination : 

Q. YY)u i-emembei- who was u]) there on IMonday night when you were up in 
Democratic headquaiders?—A. Alma Smith, P^arl Bost, Will Davis, and .Tim 
Lowder; I believe that is all I recollect. 

Q. Yon meant Stanly had not gone Republican in many years up to this 
year?—A. Yes. 


1102 


CAMPBELL VS. DOUGHTOis. 


Pecross-exannnation: 

Q, Will yon tell ns now ahont Monday ni.alit, what they were doing up 
there, and whether they were checking over the hooks?—A. They were just 
electing fellows to take ont cars to get the i)eoide ont an<l vote them. 

Q. They wei'e not cliecking o\e!’ tlie hooks?—A. No; they did not have the 
books. 

INIr. .T. Pb DAWKINS testified as follows: 

r)irect examination hy Mr. R. L. Smith : 

Q. Yon were one of the .indges of the election in Badin on November 2?—A. 
Yes. 

Q. Yon were the Democratic judge?—A. Yes. 

Q. W. 1. Stokes was registrar and Mr. B. H. AVallace the Republican judge?— 
A. Yes. 

Q. I will ask yon fii’st if yon know H. W. or W. H. King?—A. Yes; I know 
H. W. King. 

Q. T ask yon if ^Ir. King voted on election day?—A. He did. 

{}. What M’as said there and decided that day in r(‘gar 1 to his name?— 
A. Well, he was i-egistered on the old hook two years ago ami the registrar 
made a mistake in his iintials and had it W. H. instead of H. W., and there 
was no other King that wonld correspond with, those initials; and ]Mr. Wal¬ 
lace agreed that tliey were (*orrect—agreed to his age and eveiwthing, and we 
all agreed it was cori-c'ct. 

Q. Mr. Wallace was the Republican judge, and it was agreed on that day 
that this Avas the same man?—A. Mr. Wallace said he was satisfied it was 
the same man. 

Q. So he was allowed to vote?—A. Yes. 

i). Yon say he was duly registered on the hook two years ago and the name 
was not brought forwai'd?—A. I don't know whether it was hrongiit forward 
or not. 

Q. Did yon know C. T. or C. C. Bnmgardner?—A. I know C. (h; that is 
the way it is on the registi’ation hooks. 

(}. He votetl an absentee ballot?—A. Yes. 

i}. State if yon know if ]Mr. Bnmgardner still consid(n-ed Badin as his home 
an<l whether lie was there after that time?—A. He left .^ome of his ])er.sonal 
belongings there. 

State whether or md he was there from time to time after that.—A. He 
was hack there ahont two weeks before and hack some time since. 

Q. And still has some of his ])ossessions there?—A. Y('s; he had been there 
between four and five years—went from there to the Army. 

Q. Do yon know A. Maynai‘<lV—A. That is Mr. Oscar .Maynard’s M’ife. 

<}. That is O. T. on the registration hooks?—A. That is his wife. 

Q. Do yon know hm- reimted ixilitics—what jiarty she belongs to?—A. She is 
reputed to he a Republican. 

Q. State what information yon havi^ in regard to that?—A. Her hnshand 
told me she was from a Rejniblican family. 

Q. Do yon know Ta E. Wilson?—A. Yes. 

Q. Now, how long had he hemi at Badin ]irior to the election?—A. He had 
been there between four and five years. 

Q. Do yon know whether or not he was living with his wife and family?— 
A. He was not. 

Q. Was he challenged before the election?—A. He was. 

State what disposition was made of his challenge when testimony was 
taken hy the registrar and judges of election?—It was jms.sed on challenge 
day and w(" all decided he was entitled to vote in Badin, hnt on election day 
I\lr. Wallace did not challenge him. hnt did not agree that he was entitled to 
votf'; in other words, he was protested. 

Q. State if tlu* question of ])oll tax was rais('d and i)assed on?—A. He had 
a receipt. 

(). Now, r. P. or (t T. Gamewell ; he was challenged. I believe, on challenge 
day. State what disposition ^yas made of his case. 

A. It was passed on and the Republican judge agreed he should vote. 

Q. State whether or not he was a soldier?—A. He was. 

Q. And he was found qualified hy the judges of the election?—A. Yes. 

Q. Miss Lucille Plverett; yon remember her case; was she challenged?—A. 

Yes. • 


CAMPBELL VS. DOVGHTOX. 


1103 


(}. What disj^ositon was ma<le?—A. It was passed on and ajrreed that sh« 
was entitled to vote. 

Q. Now, (t. (\ Trnesdale; was he cliallensed?—A. I don’t think he was. 

(^). How lonj; lias lie ])een livinj; in Hadin?—A. A])oiit four years. 

(}. Do you know of any reason why he should not be qualilied to vote—any 
hrouirht out?—A. As I reineinher, he was not even challeiijjed. 

Q. Do you know anytliinj; about the a.ae of L. .1. Green—how old he was?— 
A. No: hut he looks to be a man of about 51 or 52 years old. 

,().-Geor.ue Southener: do yo\i ]-emeinber whetlier the question was raised 
about his poll tax and it was found that he had paid them?—A. I don’t 
remember. 

Q. He was from Winston-Salem, wasn’t he?—A. Yes. 

(>. And he was permitted to vote?—A. Yes. 

i}. Mr. and Mi-s. ?]. M. Mori?an ; Mr. Dawkins, it is attested that they had 
moved away from P>adin and were not entitled to vote; had not hwn back 
lonjr enoujxli. State wlmt you know about their leaving there.—A. He left 
there temporarily ; he did not take his wife, but he went himself to Atlanta 
to work awhile, but did not stay only about a week. He left most of his 
proj^erty at Kadin, and he swore to that statement. 

(Contestant ob.jwts to the witness testifying as to the residence and State. 
He should only testify as to facts, and it is for the court to construe the law.) 

Q. You know whether Mr. Morgan is in Badin now or not?—A. He stii.' 
lives there. 

Q. Do you know whetlier or not he has kept some of his house things there 
all the time?—A. He has. 

Q. Have you evei* heard him make a statement about that being his home?— 
A. He told me he never did leave with the intention of staying. 

Q. W. T. Biles; do you remember anything about his vote on election day, 
and whether or not he produced a tax receipt?—A. He was voted and noboily 
challenged him. 

Q. S. F. Dunnaway: do you know his politics or reputed politics?—A. He 
is reputed to be a Republican. 

Q. Is he in Badin at the present time?—A. He lives there, but he is in West 
Virginia, I believe, himself. 

Q. Mr. C. J. Hanes; do you kno\v anything about his residence or Mrs. 
Hanes: how long th(\v had been in Badin prior to the election?—A. They have 
been there—I don’t know the exact date but something near a year; 8 or 10 
months, or something like that. 

Q. He had been there more than six months?—A. Yes. 

(>. ]Mr. Hanes is still living in Badin?—A. Yes. 

Q. Air. I>awkins, the election held in Badin on November 2, 1920 — state 
whether or not everything went oft- orderly and quiet?—A. It did; there was 
not a halt, no Muiy, shape, or form. 

Q. State wladher or not all of these challenges were passed on by the regis¬ 
trar and .ludges of election, luaird and considered and determined whether 
or not the voters b(? allowed to vote? — A. Yes; it was. 

Q. Do you i-ememher how many people were challenged before election?— 
A, I think about 115 Democrats. 

Q. And they were all h(*ard and passed on the day before the election by 
both sides being represented by attorneys?—A. Yes. 

Q. Hari-y .1. Smith; do you remember whether or not his poll tax had been 
paid or a receij^t shown?—A. He showed a receipt on challenge day and was 

passed on. ' * 

Q. R D. Alabry; do y<»q rememher whether he was challenged or not?—A. 

I don’t remember ; I don’t think he \^'as. 

Q. Air. and Airs. AVade Russell; do you remember whether they were chal¬ 
lenged?—A. A>s; they were. 

Q. On ac<‘<tunt of what? — A. Nonresidence. 

(I Was the evidence heard by th(' registrar and .indges of election?—A. Yes. 

(>. And what was their decision?—A. It was passed on and proved that 
they were entitled to vote. 

Cross-examination hy Air. I. R. Btuleson : 

Q. AVhat is your initials?—A. J. E. 

Q. How long have you been in Badin?—A. Nearly five year.s. 

O A\'her(‘ did you conie from?—A. Ashboro, Randolph County. 

Q. You wer(‘ a friend of Air. Doughton's?—A. I supported him in the 

election. / 


1104 


CAMPBELL VS. DOUGHTON. 


Q You did all vou could for him and still doiu^ all you can? A. As lon^ 

‘r^;,rv!:;rii?a"tuorL.rm.s tiu. ,.,.,.11,.,,..., «■ ,k.v. 

.'e^i.tnu-, M.-, Stores 

v,„, c-oul.l caiTyV_A. No; tlie KeiiuDllcan judge liad a say so, «« , iri.rol,- 

■ Q. i>o you ineaii to say his one vote l,aiaii<,ecl two ot .\ouis.—o. it he 

iected ho had a ri.aht to say s<». ^ 

Q Put you could outvote ItiiuV—A. Put we did not do it. ^ 

Q. He agree, I with you ey.UT thuev-A. I rould not say every tnae. tMti. ihe 


■excei>tioii of one or two cases. 

Q. Who is W. H. K;u.u- 7—A. It is H. W. 

O. TI. W. is correct?—A. Yes. , , ^ v Tt- a\ 

Q. Did you find H. W. on the registration hook?—A. It ^^Jls 


H. on the 


registration hooks. ^ , 

O. Thei-e is no H. W.V—A. I d(»n't think so; I don t rememher. 

() And tliat was on the old hook?—A. So far as T renieniher it was. 

O. And there is no H. W. or W. H. on the new' book?—^^A. I liave not ex 


amined it: I could not say. . t • i -.e ^ v 

Q. Isn’t that what you swore to. Mr. Sinit!) .■*—A. > 0 : T said it w'as on the 

old"hook. I did not say anything about the new hook. 

C^. Did you know King?—A. Yes: personally. » t-. 

(). ^^'here was he living at the time of the A'ovemher election, j.)- 0/ A. ia^- 
ing" in Padin. I don’t knew w'hether he move<l before the election or after. 

(^. Don’t you know he moved to Monroe in .July? A. I can t say. 

(^. Me voted “ absentee,” didn’t lie?—A. Yes. 

(]. Will you tell the court why he voted an absentee?—A. He could be in 
Monroe and his family in Padin. 

Q. You don’t knoAV when he moved, and you don’t know’ why he voted an 


absentee?—A. He w'as not there. 

(}. You don’t know when he moved to Monroe, liefore or after the election?— 
A. No: I could not say. 

il ?iIonroe is in Union County and is not in the eighth congressional dis¬ 
trict?—A. I could not say. 

Q. C. (t. Pumgardiier, is he a married man?—A. AM; single. 

(}. You say he went to Georgia?—A. No; he went from Padin to, I believe, 
AMwton. From Padin to Newton and visited his parents awhile. 

il That is him home?—A. That is where his parents live. 

Q. How long did he slay there?—A. I can't say. He went from there to 
Danville, Va., and come back to Padin. 

Q. How’ long did he stay in Danville?—A. 1 don’t know; he was back in 
Padin two or three weeks; lie was traveling for an electrical concern. 

Q. Was he traveling for an electrical concern at Padin or where?—A. The 
concern was in Georgia, T think. 

Q. Did he have a home in Padin?—A. He called it his home. 

Q. Did he have any home there?—A. He did not own a home, so far as I 
remember. 

Q. Did he own any propei-ty in Padin?—A. Not that I know of. 

Q. Why do you want to swear it was his home?—A. AVhy he told me so. 

Q. When did he tell you?—A. Pefore ho left there. 

Q. You know he voted an absentee ticket?—A. Yes. 

Q. I want you to tell this court why he voted an absentee ticket.—A. Pe- 
cause he was not there and we thought he was entitled to vote. 

Q. Will you swear if it was not mailed from Newton?—A. I won’t say. 

Q. What you do know is Newton was the home of his [larfuits and he left 
Padin once before tlmt and went to his jiarents in Newton?—A. T don’t know 
how long he had been gone; it was a few weeks before the election. 

Q. And from there he went to Vii'ginia?—A. 1 don't know whether he did or 


not. 

(A Did he come back to sell any electrical concern at Padin?—A. T can't toll 
you. 

(,). You have never seen him there?—A. I saw him two weeks after he left; he 
was back there every two or three weeks. 

(}. How long did he stay there'?—A. Two or tlii'ee days. 

Q. Why. he had a girl he was coming to see over there?—A. I could not say 
aliout that. 

(}. Put you do know he is not living tliere?—A. He is not there now. 


CAMPBELL VS. DOUGHTON. 


1105 


(]. He was not there then?—A, Not on election day. 

Q. A. Maynard; you don't know how she voted do you?—A. I could not say. 
Q. Her husband is a Deniocrjit?—A. Yes. 

i). L>o you know tiiat Mrs. iMaynard voted an absentee; was she present when 
she voted?—A. I could not say. 

Q. You know her husband is a Democrat?—A. Yes. 
ii. And you do not know how she voted?—A. No. 

Q. Now, j’ou say L. E. Wilson was not living' with his wife; do you know 
where she is'/—A. liockingham. 

Cy Is he divorced?—A. 1 don't know. 

Q. How do you know he is not living with her?—A. He told us on challenge 
day. 

Q. And he voted for ]Mr. Doughton?—A. I could not say. 

Q. He is reputed to be a Democrat'?—A. Yes. 

Q. Do y(Hi know whetlier he paid his poll tax or not?—A. He had a receipt. 
Q. ^^'here did he pay them?—A. Itockingham Countjn 
Q. Rockingham is in Rockingham County*?—A. Yes. 

(■h I want you to state to this court and let it go into the record why he paid 
his tax in Rockingham when he was a citizen of Stanly?—A. I could not answer 
that. 

Q. Rut that was the home of his wife and he paid his poll tax there'?—A. He 
owns property there. 

Q. Do you know if he listed any proi)erty in Staidy'?—A. I don’t know about 
that. 

Q. Rut you know he had a receipt from the home where his wife was?—A.. 
Yes. 

Q. (k T. Gamewell; was he a married man'/—A. He was at the time of the 
election. 

^^'here was his wife'?—A. In Radin. 

Ch ^^'here di<l he come from, Tennessee?—A. I ccuild not say. 

Q. How long had he been in Radin'/—A. I don't know. 

Q. Don’t you know he came fi'om iMaryville, Tenn.. about three or four- 
months before that'/—A. He came from the Army, and I don’t know where he 
got out of the Army. 

Q. Do you know where he went from Radin prior to the election?—A. He did 
not leave. 

D. Did he vote in person or absentee'/—A. He voted in person and was passed 
on by the Republican Judge. 

Q. Do you know where he enlisted in the Army, from what State?—A. No; 1 
don’t know, 

Q. You don’t know how long he had been in Radin?—A. I do not know ex¬ 
actly. 

Q. Miss Lucille Everett was from Tennessee’?—A. No; she was from North 
Carolina. 

g. Didn’t she live in Tennessee?—A. No; she stayed there, 
g, M’ill you exi)lain to the court—1 want it to go into the record—how any¬ 
one can live in Tennessee and not live there'?—A. She was a single girl and 
they usually vote where their home is. 

g. 1 believe you swore that that boy’s home was in Radin?—A. I swore that 
that is what he told me. 

g. Now you swear that :Miss Everett’s home is where her parents are?—A. 
I am going hy what she says, 

th She wa.s in Tennessee, working in Tennessee at the time her folks moved 
from some of the mountain counties'?—A. I could not say. 
il G. C. Truesdale, was he a single man'?—A. No; married, 
g. Where is his wife living?—A. Radin. 

(}. How long has she been there?—A. Ever since he has been living there,, 
about four years. 

Q. When did he move to Georgia?—A. Didn’t know he ever moved there, 
g. Did he pay his poll tax'?—A. I don’t remember; he was not challenged. 

(h Had he lived continuously in Radin for the past four years?—A. His 
family had ; I could not say about him. 

(J. You do not know the age of L. .1, Green, do you?—A. No. ^ 

(h You do not know whether he paid poll tax or not’?—A. No. 

(]. He voted a Democratic ticket’?—A. I could not say. 
g. He is repute(i to be a Democrat’?—A. He is. 

07005—21—70 




1106 


CAMPBELL VS. DOUGHTOX. 


(L A friend of Mr. Donsliton’sV—A. I think .so. 

Q. All of these others Mr. Smitli asked you about voted the Deinoci-atic 
tickej:, includinj^- one for I\Ir. Doughton for Congre.ssV—A. I could not say. 

Q. They are reputed to be Democrats?—A. 1 coidd not say unless you named 
them over. 

Q. All I have asked you about heretofore except A. INIaynard, are they not 
reputed to be Democrats?—^A. So far as I know. 

Q. Mow, George Southerner, you know him?—A. MM; just when I see him. 

Q. How long has he been in liadin?—A. I could not say; he is a railroad 
man and I never see him. 

Q. He is married?—A. No. 

Q. You do not know that his family lives in Spencer?—A. I do not know. 

Q. He voted for IMr. Doughton?—A. I could not tell you. 

Q. He is reputed to be a Democrat?—A. I do not know that. 

Q. Mr. and Mrs. E. INI. Morgan, where did they move to?—A. He left his 
property in Badin and I do not know where he went to. 

Q. Where did his wife go?—A. I think to his home. 

Q. How long did she stay al his home?—A. Something like a couple of 
months. 

Q. And he worked in Georgia?—A. No; he was in Georgia about three days. 

Q. Went down there to work?—A. I could not say. 

Q. Wlu'rt' is his home at?—A. Ihidin. 

(L I thought you said his wife went to his home?—A. I can't tell you that. 

D. Are you talking about his father’s home or his home?—I am talking 
about what he swore. 

Q. Didn't you just swear that his wife left and went to his father's home?— 
A. 1 told you 1 did not know. 

(j. It is not in Stanly?—A. I could not say. 

Q. And tiiey were gone for about two months?—A. 1 could not say exactly; 
something like that. 

(>. AVhere did you say his wife was gone about two months; how long was 
IMr. Morgan gone?—A. They came back together. 

(j. So he was gone about two months?—A. I could not say exactly; some¬ 
thing like that. 

Q. Do you know how long lie stayed in Virginia?—A. I didn't know he ever 
went to Virginia. 

(). Did he vote ])resent or absente(‘?—A. Pre.sent. 

Q. Did he vote for IMr. Doughton?—A. I could not say about that. 

Q. They are reputed to have voted for him?—A. They ai'e reputed to be 
Democrats; I could not sa.v who they voted for. 

Q. AV. T. Biles; yon know lie is fi’om South Garolina?—A. He is not; he was 
born and raised in this county. 

Q. Don’t you know he is the son of .Tohn Bih's, who has been living in S(mth 
Carolina?—A. No; he is a married man and has been living in Badin about live 
years. 

Q. Do you know whether or not he pa.id his poll tax?—A. He was not chal¬ 
lenged on poll tax. 

Q. But you know he was due to pay poll tax; he was not over bO and more 
than 22 or 28 years old?—A. He is a man of about 8b or 40. 

Q. S. E. Dunnaway. you don't know how he voted?—A. T could not say; he 
is )-eputed to be a liepublican. 

Q. INlr. and INlrs. C. .1. Hajies; wlnaa* ari' they from?—A. They came from 
AA'inston-Salem to Badin. 

Q. How long had they been there prior to the (‘lection?—A. yiore than six 
months, and were (uititUal to vote. 

(L How do you know tlu'y had Ixam there' six months: will you swear from 
memory?—A. From memoiw. 

Q. AATiy did you i>ut it six months; why didn’t you say st'ven: the question 
is. you ai’e trying to get them here' six months in the county tmior to the elec- 
—A. Haneys told me, and I was going by wliat he told me. 

(). Ab)U are swearing frmn what he told you and not what you know your- 
—\_ 'Wedl, I know he had be'en there more than six months. 

Q. A"ou say he told you?—A. Yes. I (hink he came the 1st of INIarcli. 

Q. He is in Badin now?—.A. Yes. 

('). Do you know why he is not here to-day?—A. He is here'. 

Q. 7>id'he move out of tliis county prior to the election?—A.'No. 

6 Iv D. Mabrv : where is he?—A. In Badin. 


campbi-:ll vs. doughton. 


1107 


Q. Do you know him?—A. Yes. 

(1 Do you know wlietlior oi- not lie paid liis jioll tax?—A. 1 don't know. 

(J. He was a friend of ]Mr. Douitlitoii's?—A. lie is repiUeil to lie a Uepuh- 
lican. 

(>. Don't you l^now he voted a Deinoei‘ati<' ticket this election?—A. I do not. 
He is a itoliceinan in Dadin. 1 liave in mind another iNTaliry. 

(^. So wliat you testified is aliout anotlier Hjiifry : you don’t know anytiiin^ 
aiiout Iv. D.? — A. Xo. 

Q. iNlr. ^and iNIrs. Wade Itussell ; do you know wliere tiiey moved from to 
Kadin?—A. New London. 

Q. Don’t you know tliey lived in Virginia—Hoiiewell—for about three or 
four years’.''—A. 1 know iMr. Kuss(‘ll told me they stayed there, hut I don’t know 
how lonij. 

4 

HARKY J. SMITH testified as follows: 

Dii-ect examination hy Mr. R. (.. S:kiiTH : 

ii. Your name is Harry J. Smith’.''—A. Yes. 

<T Hid you pay your jioll tax for 1019 on or Ix'fore iMay 1, 10’20’?—A. Yes. 

Q. Have you your receipt’.''—A. Yes. 

Q. Exhibit it to the court.—A. '(Witness exhibits i-eceipt.) 

iMi‘. Saiith. I read this into the record: Yiorth Albemarle Township, Jan- 
uaiy 7, 1920, received of H. J. Smith $9.09 taxes for 1919." Accompanyin.it 
that is a check dated as follows: “Salisbury, X. ('., January .3, 1920. Reoiile’s 
Xational Rank of Salishur.v. Ra.v to the order of G. D. Rlalock, .sheriff, $9.09 
(nine dollars and nine cents'). Si.iriuMl, H. J. Smith.” Accomjianyin.u’ that is 
a cop.v of a letter ilated January 8. 1920. to IMr. (J. D. Rlalock, sheriff. “Dear 
Sir: Inclosed herewith jilease find .I (-ents in stamiis coveiliii; the balance due 
you on tax hill. Yours, veiw truly”—that made it $9.14, iMr. Smith’.''—A. Yes. 

Q. Poll $3.30 is included in th.e rca-eipt?—A. Yes. 

Gross-examination hy Mr. 1. R. Rrin.KSox : 

C>. iMr. Smith, how lon.a- have you lived in Radin?—A. Since January, 191 (>. 

Q. You ai’e a married man’?—A. Yes. 

(p Y^our wife lives there’?—A. Yes. 

0 . Do you know whether or not your name ajipeai’s on the sheritT’s certitied 
list’?—A. I do not know. 

IMr. WADE RESSELTi testified as follows: 

Direct examination hy Mr. It. Tj. S:mttii : 

Q. Whei'e do you live?—A. Radin. 

(}. How lon.a' have you lived there’.''—A. Since iNIarch. 1919. 

(p ?Mr. Russell, whei'e were .vou raised?—A. Albemarle, Stanl.v Gount.v. X". C. 

c}. Have you ever been out of the State, and if so. how lon^ and what was 
the (»ccasion?—A. I left this State the 1st day of January, 1910, to work for 
the Du Pont Powder Go.. Hopewell, Va. 

(X State whether or not you left the State for the ]»uri)ose of stayin^^ or for 
temporary purposes.^A. Teinporary i>uri>ose. 

(X State whether or not you left any effects here.—A. T left household and 
kitchen furniture. 

Q. ;Mr. Russell, state if IMr. Xaiaer, who also lives in Radin, or did live 
there, went with you or was there at the same time?—A. Will Xa})ier, he 
went—he >\as there when I \^'ent there. • 

Q. How lon^ did he stay there?—A. He went in 1915 and came hack in 1910. 
Game hack to Vir.mina in 1917 and stayed until December, 1918. 

(). So. then, the last time he v.as not hack two years i)rior to the election?— 
A. Xo. 

(>. He is a brother-in-law of yours?—A. Yes. 

D. State if his absence and yours were practically on th.e same basis.— 
A. They were. 

(J. State Avhat ticket -Xai)ier voted iii the last election, who he voted tor 
for"Gonj;ress.—A. He said to me thal he voted a straight Republican ticket, 

(). And you voted a DvMuocratic ticket?—A. 5 es. 

(J. Roth’of you were challen.ued out ther(‘?—A. T was; Will was nut. 

(). You and yoin- wife both’?—A. Yes. 

(). Stati‘ whether oi- not your clialienac' was heard hy tne reaisriar ao,l 
jud.ues of election on iMonda.v lad'ore tlu' election.—A. They were. 


1108 


CAMPBELL VS. IKJUGHTOX. 


And sfaL' wliether or not tlioy allowed you to vote?—A. Tlu'y di<l. 

(]. State whether or not these facts about your residence were all itoiie into 
at the time you were challeiijred.-—A. They were. 

CL You were exaiuiued and testified before the hoard?—A. Yes. 

(h-oss-exauuuatiou by Mr. 1. K. P>uklesox : 

(>. When was it you came ha<‘k from Ah’r.aiuia?—A. I <-ame hack to North 

(’ai'oliiia in Fehiaiary, 1919. ^ 

(y Your wife was with you in A"ir,e:iuia?—A. Part of the time.^ 

(). A"o\i had a house furnished and kept house?—A. Temporarily; yes. 

(}. Ati-. Will Napier hoarded with you some of the time he was there?—A. 
Took meals with me. 

AVuir wife did the cookiu^it?—A. Yes. , 

cj. You had not been hack to North Carolina two yeai's prior to the November 
election?—A. No. 

CL Did you i)ay yoiii- i)olI tax iii Stanly ('oniity for the year 1919?—A. I paid 
foi- 1919. 

CL You did not pay for 191S?—A. No. 

CL AVhere did .von pay your i)oll tax for 1918?—-A. Don’t believe I paid any. 

CL You were not hei'e to pay; you were in ATr;udnia’?—A. Yes. 

C}. Mr. AVill Napier Avas a sin.ale man*?—A. At one time. 

C). At the time he was witli you in Virginia■?^—A. No; he was married before 
lie went to ATrginia. 

CL Where was his wife at this time’r—A. His wife was in New London when 
lie came to Wrginia in 1917: he lived with me a few days until his wife got 
there and then they were housekeeping. 

(L P>ut his Avife came hack an stayed Avith his mother?—A. No. 

CL r>id she come hack before he came?—A. Yes. 

C}. Hoav long liefore he came?—A. I helieA'e, to the best I can remember, in 
.Tune or July, 1918. 

(L So his Avife came back here imtre than tAA'o years ])i-ioi- to the NoA’emher 
election, 1920 —A.. Yes. 

Kedirect examination : 

CL I asked yon if yon alAvays considered North C^iroliua your home?-— I 
AA'ould liaA’e been back here earlier but I could not leave for the fact that I 
Avas in the Avar manufacture; they Avould not let us aAA^ay from there. 

Itecross-examiuation : 

CL At the time you moved to Ahrgiiiia the last time did you knoAv hoAv lou;ir 
you AA'ere going to stay uj) there? —A. No; 1 did not kiioAv. The tifst day Avheu 
I AA'ent there it did not look like it Avas going to be A’ery long, though. 

Mr. F. F. MANLY testified as folloAVS: 

Direct examination liy iMr. K. L. Smith : 

Q. You liA’e in Radin?—A. Yes. 

(}. Do you knoAv .1. Yk Fi'azier?—A. Yes. 

(L Do you knoAV his rei)Uted politics? —A. He Avas I'epufed to he a Repub¬ 
lican. 

(’i-oss-exainination by iMr. I. R. RrimEsox : 

CL 1 on don't kiioAv hoAV he A'oted the last election? —A. No. 

(L Do you not knoAv it Avas an fd>*;entee ticket mailced “ Democrat.” signed by 
J. 1\ . Frazier?—A. I do not know it. I don’t know a thing in the Avorld about 
it.. I knoAv he is reputed to be Republican. 

, CL Hut you do not kuoAv Avhat he voted? —A. No. sir. 

'CL He voted for IMr. Doughton?—A. I do not knoAV. 

(L You voted fm- INIr. Doughton?—A. Yes. 

(L Do you knoAv AAliether or not a subpiena has been issued for Mr. Frazier 
to come here and testify?—A. No. 

Redirect examination : 

C). iMr. Fraziei' lives in Winston-Salem?—A. Y"es. 

Recros.s-examiiiation : 

CL Winston-Salem is in North Carolina?—A. Yes. 


ca:\ipbell vs. doughtox. 


1109 


]\Ir. T. A. EATIT.Y testified as follows: 

Direct examination by Mr. K. L. Smith : 

Q. Yon live in Radin?—A. Yes. 

(}. Yon are chief of police there?—A. Yes. 

Q. Have yon in yonr possession a tax receipt of 11. D. iNIabry for 1919?— 
A. I have. 

(J. State who pive yon the receipt.,—A. iMr. Maliry .u’ave it to me this 
morninj;. 

Mr. Smith. IVe offer this receipt in evidence: “ Daharrns Donnty, X. C. 
Received of R. D. iMahry his taxes for the year 1919 as follows: Poll tax. .$2.” 
Stamped on it, “ Paid Xovemher 10, 1919, H. W. ('aldwell, sherifl'.*' 

Q. Mr. Early, yon know J. \V. Frazier?—A. Yes. 

(). Do yon know his reputed politics?—A. Yes. 

(}. What M’as it?—A. Repnhlic^ui. 

(^. Did yon €‘ver have any conversation about his jiolitics?—A. He told me 
the day of the election he voted nationally a Republican ticket. 

Q. Do yon know J. iVI. Arnette?—A. Yes. 

Q. Who is he?—A. Baptist minister. 

Q. Where had he been Jivinji; prior to the election?—A. He had lieen pastor 
of the Baptist Church at Badin ahont three years. 

(.). State what pro])erty he ommis in Badin,—A. Owns a house and lot, 

Q. State Avhether or not yon had ;iny conversation with Mr! Arnette and 
whether he said he considered Badin his home.—A. He owns his home, 

(j. I believe temporarilv he had left Badin just prior to the election?—A, 
Yes. 

(}. State M'hether or not he came hack to Badin and voted on election day.— 
A. He came hack; I could not say ahont him voting?. 

(). State if yon know if W. H. Kinj;' and H. W. was recognized in Radin as 
the same man.—A. There was never a W. H. Kiniic in Badin, not since I have 
been there; there is a H. W. here, though. 

Q. State M’hat conversation yon heard between the judges of the election on 
the day of election.—A. H. 1\'. King voted an absentee vote. When the ticket 
was opened np they looked for the name of H, W. King on the registration hook 
and did not find it, but found W. H., and the age and everything comiiared 
M’ith H. W.. and Mr. Wallace agreeil at the time that it was hound to he H. W., 
because there never was a W. H. 

(y M'allace mtis the Republican judge and agived for him to vote?—A. Yes. 

Q. I ask yon to look on the registration hook—it seems to he the old hook 
for tM’o years ago—and see if yon find the name under the head “ King” and see 
if yon find the name of ” AY. H, King” on that hook.—A. Yes; AA\ H. King. 

Q. Yon say that M'as recognized as the same man as H. AY.?—A. Yes; it Mas 
agreed that they M’ere the same man. 

Q. Mrs. B. S. Liles; yon state what yon know ahont her_ residence in 
Badin.—A. AA’hy. Airs. Tales had been leaching school for two or three years, 
two years I know of, and M'as married in June, May or June, last year, to B. S. 
Tales, and is still living there, 

Q. ,\nd she married a man in Badin and still lives there?—A. Y'es. 

She Avas married prior to the election?—A. Yes; and has been there 
prior to that. 

(L I believe she M'as challenged on challenge day?—A. I was not there. 

Q. I ask yon if yon kmw T, AA". Belk?—A. Yes. . 

(}. TAo yon knoM’ whether or not he had paid his poll tax for 1919 before 
ATay 1, 1920?—A. He told me he had. 

(}. Do yon knoM’ George Southerner?—A. He is a flagman on the sonthhonnd, 

(J. Do yon know where he came fi-om?—A. AAhnston-Salem. 

Q. Tiow long had he been in Badin prior to the election?—A. T think over 
a year; his Avife and family are still there. 

Q. Do yon know the reputed politics of S. l')nnnaAvay?—A. PTe is re- 
I'lited to he a Ttepnhlican ; T don’t know of my iiersonal knowledge. 

Is he in P’adin?—A. 1 do not knoAV Avhether he is there himself; he is 
still renting his house, and his family is there. 

Q. Air. and All’s. A. B. Caiiel; do yon kmav Avhere their residence Avas the 
day of election, or Avhat do yon knoAv ahont that?—A. Tie left Tladin on Ph’iday 
or Saturday hefoi’e the election on Tuesday. 

(}. State if yon knoAv ahont their ah.sentee ballots, stating they Avonld he 
aAvay?—A. I nnder.stood that they fixed them np on PT’iday. 


1110 


CAMPBELL VS. DOUGHTON. 


Q. r'ridny before tlie election?—A. Yei=!. 

Q. They liave been livinii' thei’e bow Ion" before that time?—A. A couple of 
years, I think, or about a yea.r and a half; I don’t remember. 

Cross-examination by Mr. T. TL P>t'RLEson : 

Q. The tax receipt .y<m luive for R. I). ]\iabry is from Cabarrus?—A. Yes. 

(}. So be considered bis residence in Cabarrus?—A. Did not. 

Q. He paid bis iioll tax there?—A. He did. 

(^). J. Y'. Fraziei’; you don’t know bow lie voted?—A. I did not see bim vote; 
all I know is wbat be told me bimselt, 

ii- You know be voted nationally; you don’t kn<>w wbetber be included 
('(Mi.U'ress or not?—A, That is tbe v;ay I took it. 

(}. You know be voted absentee?—A. I know be came there from 'Winston 
ami was there on election day. 

C^. You know bis family lived in 'Winston at that time?—A. Yes. 

And yoiE do know be was not a resident of Badin at that time?—A. He 
moved jiwa.v a few days before the election. 

Q. J. M. Arnette; be bad moved away?—A. Yes. 

Q. More than tO days before tbe election; bad moved to Richmond County?— 
A. Yes. 

Q. I{lastern part of tbe State, and be came back after movinji' and voted?— 
A. He came b.ack; I suppose be voted. 

(}. He moved bis family and household .eoods?—A. Yes. 

Q. And is still livin.c; out of tbe county?—A. Yes. 

(J. W. H. Kinir bad moved to IMonroe prior to tbe election?—-A. Just a few 
days before tbe election; bis family stayed there until just a few days before 
tbe election. 

(}. IMoved everytbi)),a: be bad to Monroe?—A. I suppose so. 

(). And was a policeman in IMonroe tbe day of election?—A. I do not know 
wbat j(»b be bad. 

Q. You do know be was not livin.ij in Stanly?—A. He was not livin.a' in Stanly. 

(J. Nor bis wife?—A. Not that I know of. 

i}. He voted absentee, did be not?—A. Yes. 

C>. Voted a Democratic ticket?—A. T would not say; T d'd not see it. 

tlo was reputed to be a r)emocrat?—A, T think so. 

Do vou know wbetber bis ab.'>;entee ticket was H. W. or W. H.?—A. It was 

W. H. 

i). There was no name on tbe I'e.iiistration book of W. H.?—A. No. 

Q. And bis vote was connted?—A. Yes. 

(j. H. W. is tbe way tbe ticket rea<l, and W. H. is wbat is on tbe re.aistration 
books. Tbe name of H. Kin.u' does not ai)pear on tbe i-e.ijistration book?—A. 
Yes. 

Does tbe name of H. W. appear on tbe re.aistration book?—A. I do not 
see it on tbery. 

(}. This man ^•oted bis initials H. '\^^?—A. Yes. 

().. So bis initials were not on tbe reiristration books in tbe order they came?— 
A. Nb»; but iMr. Wallace agreed. He .'iaid, “ I know Mr. Kinj>: and know bis aite, 
and am ])erfectly willin. 2 : for that vote to c:o tbrou.^b.” 

(N But at tlie time that absentee ticket came here be was not a citizen of 
Stanly?—A. He was not in Stanly. 

Q. And was not livin.a- i)i Stanly?—A. Could not have been if be was not beiv, 

(b He bad moved to IMonroe prior to that time?—A. To be exact, October 10. 

Q. That was 1920?—A. Yes. 

Q. This Mrs. Idles—she was a lad.v from Tennessee?—A. No. 

(}. '\Miere was she from?—A. I think her borne was in New Jer.'^ey. 

Q. And she bad taujibt school in Badin?—A. Tauiibt there for two years. 

Q, After school was out tbe brst term, did she stay in Badin?—A. I do not 
recall. 

(N At tbe time she was employed, was she employed for one term or more?—A, 
I do not know bow tbe contracts read. 

(). Don’t you know, as a matter of fact, that after school was out she went 
boiiK'?—A, I do not know. 

(N Will you swear she stayed there durin.c; vacation?—A. I will not, and I 
won't swear she did not. 

Q. But you do know her borne was in New Jers(w?—A. Only by hearsay. 

Q. It was .aenerally reputed she was from New Jersey?—A. :\iy understand- 


(,’A]\IPBELr. Vfi. DOUGHTOX. 


1111 


Q. i liat lier father and mother live there?—A. I don’t know v.’hetlier she liad 
a father and mother living or not. 

(^. I)o you know T. \\ . Ifelk’s re])nted politics?—A. He is sni)})<)sed to he a 
])emocrat. (’anie from South (’andina. 

(h Was he a marrical man?—A. Yes. 

i}. How loiijii had he been in Radin?—A. Three years. 

(}. Do you know whether he i)aid his poll tax or'not?—A. He told me he had; 
I iieA’er saw the receii»t. 

(h ^ on (lout know whether or not his name is on the certified list l)y the 
sheriff?—A. T do not. 

Q. (Jeorire Southern; you don't know when' lie is?—A. I thiid^ he is on this 
run to Wa leshoro. 

i}. ^ oil don’t know whethei’ or not he jiaid his poll tax'?—A. He was in 
For.syth (’oiinty at that time. 

i}. S. F. Diinnaway, yon sa.v he is reputed to he Keimhlican?—A. Yes. 

(h You don't know whether he voted or not?—A. Xo. 

(). Mr. and iMrs. A. B. Fapel; yon say they left Radin Friday before the 
election?—A. Yes. 

(}. PTave they been hack to Radin since?—A. X"ot so far as I know. 

(). x\.nd they voted absentee before they left?—A. I do not know; I under¬ 
stood they fixed it up. 

They V(*ted Dmocratic ticket?—A. T do not know that. 

They were I'ejmted to he Democrats?—A. Yes. 

]Miss TJTTRTJ'] PIVPIRETT testified as follows: 

Dii'ect examination by Mr. R. L. S:MrTH: 

Q. AVhere is your home?—A. Radin, Xh C. 

(F Where were you rai.sed'?—A, iMoiint Airy. 

Q. Have you always (‘onsidered that and Radin your home?—A. T cei“t;iinly 
hav('. 

(h How Ion,a have you been livinjj; at Radin?—A. Since Dei-emher, 1910. 

i}. Xh)w, jirior to that time you considered iMoiint Airy your lionie?—A. Yes. 

(}. There was some (piestion raised about your heiu" in Tenuessei'?—A. Well, 
T had a sister in Tennessee and went to visit hei’, and after T stayeil awhile 
I decided to work there, and all the time I was there I considered my home in 
Xorth (’arolina. 

Q. You never went to Tennessee with the intention of makin,a it your 
home?—A. Xhi; I went on a visit. 

(’ross-examination by Mr. I. K. Rukleson : 

(). Would you mind tellin,£? how Ion,it you were in TeniK'sset'?-—A. iMarrh. 
1017, to December, 1010. 

(}. Quite a lon,it visit, wasn't it?—A. I was working- for a while; T went on 
a visit hut worked while I was there. 

(>. After you had stayed ovei- there with your sister did you make u]^ your 
mind how lon^- you were soin.it to stay?—A. I knew I was not ,itoin,s; to stay 
only temporarily. 

(>. You stayed over there nearly three years?—A. X'o, sir; not two years. 

Q. But you did not know how Ion," you were .itoinii; to stay'?—A. I knew I 
was jtoin.ir hack to XTorth Carolina. 

{}. R>ut you did not know when?—A. Xo. 

Q. Wheii you left home to ffo to your sister’s, your father and mother were 
living- in iMount Airy, and you came hack in Decembei*, 1010, from Tennessee'?— 
A. Yes. 

(h I want you to correct your mathematics a little; you say you went to 
d'cmne.'^e'e in March, 1017?-— A. Y('S. 

And came hack in December, 1010; doesn’t that make about two and a 
half years?—A. rrol)ahly .so; T have not counted it. 

(}.'plow many times had you visited in r>adin after your parents moved to 
R>adin hefort' ymi returned there in December. 1010'?—A. I did not visit them 
heoauRo they had not gotten well located and I was waiting until they got well 
located. 

(X You had not been in Radin until December, 1010, and then you came from 
'Ik'nnessee'?—A. Yes. 

(X Ami would you mind telling us whether or not you were 21 then?—A. I 
was. 

Q. You voted for Mr. Doughton?—A. Yes. 


1112 


CAMPBELL VS. DOUGHTOX. 


IMr. C, J. PIAXES testified ns follows: 

Direct exniniiintioii by ]Mr. TL L. : 

Q. AVhere do yon live now?—A, Badin. 

Q. How lon.u: have yon lived there?—A. Since Mai’cli L 1020. 

Q. Where v’as yonr home prior to that time?—A. I lived in IVinston-Salem 
and had part of my furniture stored there. I came there, however, from Lynch- 
bnrc:, Va. 

Q. What were yon doinj? in Vii'^iinia ; what was the nature of yonr residence 
or stay in Virffinia?—A. I was manaft’er for ^Morris & Co., packers; they sent 
me from 'Winston-Salem to Greensboro and then to Lynchhnrff, Va. 

Q. State if yon ever established a residence or considered it yonr permanent 
home?—A. I did not. 

(The contestant objects to what he considered; he should state the facts 
and let the court construe the law.) 

Q. State, IMr. Hanes, if yon always had the intention of retnniine: to North 
Carolina as yonr home?—A. I had no intention of stayinjj: in Vir^iinia. 

Q. Yon were jnst subject while there to the ord(n-s of yonr company for 
whom yon wei’e workinf??—A. Yes. 

Q. Yonr wife came to Badin with yon at tlie time yon came?—A. Yes. 

Q. There was some question raised in the court by the contestant about yonr 
nsin, 2 ; a car in Badin with a Vir.uinia tair. Explain that.—A. I boni»ht the car 
while in Virsiinia ; I think the latter part of 1 )ecombei' or the 1st of .Tannary, 
1919, and of conr.se I had to have license for it, and bon.uht them in Virtiinia. 
The license had not expired, and I drove the car to the State of North Cai'olina 
and took a shot, so to s])eak. to drive it until the licen.se were due. because it 
was only a few months. 

Q. In other words, yon paid for the license for the .vear and nsed it?—A. Yes. 

Cross-examination b,v ]\Ir. I. R. Bitrleson : 

Q. What time in IMarch was it yon moved to Stanly?—A. IMarch 1. 

Q. And yon moved from Vir.uinia?—A. Yes. 

Q. That was March 1, 1920. How lon.u did yon stay in Viruinia?—A. From 
.Inly 1, 1919, to February 28, 1920. 

Q. At the time yon went to Virginia did von know how long von wonld stav?— 
A. No. 

Q. Yon expected to stay there until yonr company ordered yon elsewhere?— 
A. Y>s. 

Q. YMnr wife and family went with yon?—A. IMy wife did. 

Q. Did yon take yonr children with yon?—A. I have none. 

Q. Y^on kept house in Virginia?—A. Light housekeeping part of the time and 
boarded part of the time. 

Mr. H. A. LILLY testified as folloM^s: 

Direct examination by IMr. R. L. Smith: 

Q. AVhere do yon live?—A. Badin. 

Q. Had yon i)aid yonr ]mll tax for the yeai’ 1919 on or before ^May 1?—A. 
I paid it in .Tannary. 

Q. AVhere did yon pay it?—A. I mailed it to Sheriff Blalock. 

Q. Have yon a receipt?—A. Y>s; Init haven’t it with me. 

Q. AVhat relation is Thomas Baxter Lilly to yon?—A. Yly brother. 

Q. State what was the nature of his al)sence from Badin on the day of 
election?—A. AVhy. he was in Tampa, Fla. 

Q. AVhat was the nature of his absence, whether ])eiTnanent or temporary ?—A. 
Permanent. He was really not in Tampa i)ermanent, bnt was away from 
Badin. 

Q. Yon say yon liave that tax receipt hnt do not have it with yon?—A. I 
have it at home. 

Cross-examination hy Mr. I. R. Buklesox : 

Q. Did yon vote in person?—A. Yes. 

(J. Are yon married?—A. Y"es. 

Q. Where is yonr wife?—A. Badin. 

Q. How long had yon been in Badin?—A. T came to Badin on .Tone 16, 1917. 

Q. Had yon been there continnonsly all the while?—A. I had not: I left 
Badin in .Tannary, 1918, and went to Ralei.uh and came back in April, 1918. 

Q. Had yon been in Badin all the while from 1918 np to the election?—A. 
I have. 


(’AMPBHLL VS. DOUGHTON. 


1113 


^ oil have not y<»nr receijit witli yon?—A. Xo; I was cliallenjjed beforo 
tile election and had it i)ass(*d on and did not think it was necessary. 

(J. T>ont yon know that your name does not ajipear on the certifled list fur¬ 
nished Jiy Sheriff G. 1). Blalock?—A. T do not know. 

Q. Aon do say your brother T. B. Lilly had left Badin permanently prior to 
the election?—A. Yes. 

Mr. B. E. LEE testitied as follows: 

Lirect examination by ^Nlr. It. L .S>.iitii : 

CL Lid yon know Mb H. Tjayden?—A. A'es. 

CL State whether or not on the 2d of Xoveinber, 1920, that he still considered 
Ba<lin as his home.—A. 1 sn]»i)os(' he did; he roomed at my house. 

C^. State whether or not he had been back from time to time.—A. A’es; the 
5tli <»f December, 1920. 

CL Is any of his t>ro])erty still there?—A. Little: he came back a few weeks 
afro and frot iiractically everythinir. 

Q. He is a sin.ule man?—A. AA*s. 

CL A^ou know S. F. Dnnnaway?—A. I know of him. 

C}. A’oii know his reputed politic's?—A. I have beard he was Republican. 

C). Do yon know tlu' rei)nted politics of .T. \Y. Frazier?—A. Re])iiblican. 

(’ross-examination by IMr. I. R. Bi'rleson : 

C). A’on know that T>r. W. H. Layden had ijone to Charlotte prior to the 
election?—A. Taken tenpiorary work there. 

C^. And he has never come back to Badin to take any work since?—A. A^es. 

CL He is a sin.srle man?—A. Yes. 

Q. And from that <lay until this he has never worked any in Badin and is 
still Avorkins in f’hai'lotte?—A. XL). 

Q. Where is he AA’orkinrr noAV? —A. He left Charlotte after this man came 
back and AA'ent to Concord. 

Q. Blit he has nei’er been back to Stanly to yonr knowledfre?—A. He has 
been back twice. 

Q. On a Aisit?—A. Yes. 

Q. Hoaa’ lon.e: prior to the election Avas it he left Badin?—A. T think he left 
Badin in .Tidy or Aipirnst. 

Q. Before the election in XMA’ember?—A. A"es. 

(L He A'oted absentee? —A. I don't knoAv AAhether he A’ote<l or not. 

Q. His reputed politics is Democrat?—A. I have heard it both Avays. 

Redirect examination : 

Q. His trunk remained at your house until after the election?—A. ITe came 
back about the 1st of December, because I knoAV he Avas supposed to f?o to Avork 
in Concord the 1st of December. 

Q. He Avent to Cdiarlotte temporarily?—A. A"es. 

Q. I ask you if since that time AAmrk in Badin has not been very scarce and 
nothincr there for the people to do?—A. T knoAV he intended cominfr back and 
jroiufr into business, but business AA'ent so bad he did not. 

Recross examination: 

Q. This man Layden, he did not come back and go into business?—A. Xo. 

(,}. And the business he Avas in at the time he left and prim- to the time he 
left Avas not business he expected to engage in Avhen he came back?—A. I do 
not knoAv. 

Q. S. F. DunnaAA'ay, you don't knoAA' Iioaa' he A'oted? —A. Xo, 

(L I>r hoAV .T. W. Frazier voted?—A. Xo. 

IMr. F. E. STREET testified as follOAvs: 

Direct examination by ]Mr. R. L. Smith : 

Q. Do you knoAA' J. IM. Arnette?—A. Yes. 

(}. Hoav long had he been living in Badin prior to the election before he left 
there?—A. About tAvo years. ^ 

(L What was his business?—A. Baptist minister. 

Q. State Avhat proiierty, if any, he oaviis in Badin?—A. He OAvns a house and 

lot in Badin. ^ 

(L State if you knoAV Avhether :Mr. Arnette considered Bmlin as his per¬ 
manent home?—A. He told me he thought he AA’ould make Badin his peimanent 
home; that he liked it and thought he AA'oiild come back. 


1114 


CAMPBELL VS. DOUGHTON. 


Q. He went oft: from liadiii to till an ai)})ointment in >;ome other county and 
came back to vote?—A. Yes. 

He was there on election <lay?—A. Yes. 

(L He still owns the ])roiterty in Hadin?—A. Yes. 

Q. Mr. Arnette was tlie Ba])tist minister?—A. Yes. 

(). 15een there two or three years?—A. Yes. 

(>. A man of very hifih standing’ ajid tine chai’acter?—A. Yes. 

(). Do you know whetlier or not his vote was challenged on election day?— 
A. I do not. 

(h*o.'<.s-examination hy Mr. I. K. Bukleson : 

Q. The only thing you say why he considered Badin his home is because he 
owns a house and lot?—A. Yes. 

(j. Do you want to swear and let it go into this record, because he owned a 
house find lot there that was his home?—A. AVell, we sj)eak of a man's h<mse 
and lot as his home, and ]Mr. Arnette told me he liked the community and he 
thought he would make that his i)ermanent home, and that be would be back. 

(J. At the same time he had some trouble with his congregation and had 
to leave?—A. He did leave. 

Q. ]Moved off and carried his wife and children with him?—A. Yes. 

(>. You d(> not know, and he never told you, whether he would ever return 
or not?—A. He told me since then he thought he would come back to Badin 
some time. 

{}. Did not know when?—A. No. 

He has taken a church somewhere in eastern North Carolina and has 
]iot yet returned and you have not seen him in Badin since he came back to 
vote?—A. Yes. sir. 

(). Has be been back since?—A. Yes. 

(h How many times?—A. I know be was there a couple of weeks ago. 

(.». You know he voted for ]Mr. Dougbton?—A. I know he was reputed to be 
a Democi-at. 

(). And was not living in Stanly on election day?—A. His family was not 
living in Staidy. 

Mr. H. A. LTTAjY, recalled, testified as follows: 

Direct examination by Mi'. B. L. Smith: 

(}. Mr. Lilly, T wish you would state what your information is about how 
Mrs. T>. S. Idles spent her vacations, and how she spent them when she wtmt 
back to New .Ter.sey?—A. She spent the first vacation here in the mountains, 
according to her statement, and he husband told me she went by home, spent 
three weeks sewing, and spent the remainder of the time in the mountains and 
left hei- trunk at tlie Badin Club, knowing she was coming back. 

Cross-examination by Mr. Btrlksox : 

Q. What you are testifying to about Mrs. Idles, formerly ]Miss Walke, is what 
he husband told yon?—A. Yes. 

Q. You ar(' swearing to what somebody told you?—A. Yes. 

(). Tbe second vacation, where did she siiend that?—A. She went home in 
May. and was married in June; she went to her mother’s home in New Jersey. 

ILMii'ect examination : 

Q. When she went she was already engaged to be married?—A. She had her 
engagement announced that she would return to Badin on the oOth of the 
following month. 

Kecross examination : 

Q. She was going home?—A. She was going to her mother’s home. 

Mr. H. C. JENKINS testitied as follows: 

Direct examination by Mr. It. L. S.mith : 

Q. Where do you live?—A. Badin. 

Q. How long have you lived there?—A. Something near five years. 

Q. Do you know H. J., known as Heck, Smith?—A. Yes. 

Q. Was he a married or single man?—A. Single man. 

Q. With whom did he board?—A. IMy house. 

Q. State where he wiis on November 2. if you know?—A. He told me he was 
going to see his father; he was sick. 


ca:\ipbell vs. doughton. 


1115 


i}. W lion (lid he leave?—A. Saturday. 

(,>. Hefore the election?—A. Yes. 

Q. Did he come hack?—A. Wednesday or Thursday; I can't say. 

(). How loiifi' did he stay aftcu' that?—A. Some time. 

as his thin,as still there?—A. ^ es. His clothes were at my house. 

H. How Iona' had he been livin.a in T’adin i>rior to that time?—A He had 
been at my house about three and a half years. 

(). Do you know a man by the name (if .Tim Howell?—A. Yes. 

i). Did he vote?—A. Yes. 

i}. Do yon know, Mr. Jenkins, anyrhina aTiont ever heariii,a him say iinythin.a 
about havina been confined to the State prison for crime?—A. I la'ard him say 
he had iK-^en in the iKuiitentiary. 

i}. What was the char.ae?—A. He never told me, but it was reported for 
havina burned a house. 

Q. He did vote that day*?—A. Yes. 

(>. Do you know how he voted?—A. Do not. 

(]. Do you know his reputed politics?—A. H(‘])uhli(^an. 

Cross-examination by ^Ir. I. Tt. Hcklesox : 

Q. You say you do not know whether he voted?—A. Yes; he did vote. 

(T- You do not know how he vot(Ml?—A. No. 

cl You do not know whether he had Ix^en reinstated or not?—A. No. 

Q. ^ on do not know whether or not he had been convicted of any crime?— 
A. Only what he said. 

Q. This man, Hec-k Smith, did lie ever work any after he came hack?—A. I 
could not say whether he did or not. 

(„). How Iona did he stay?—A. Three or four weeks. 

Q. Did he perform any more labor in Radin?—A. He worked some around 
there; workecl some for me. 

(>. Never took a .iob?—A. Could not say. 

(,). Had he paid his iioll tax?—A. I do not know; he said he had not. 

(1 He voted an absentee ticket?—A. Yes. 

Mr. J. F. CKOWPILL testified as follows: 

Direct examination by IMic It. 1^. S^itth ; 

(C M'here do you live?—A. Here now. 

Mliere did you live before you came here?—A. Gold Hill. 

(C Hid y(m know a man liy the name of Jim Howell before you came here?— 
A. Yes. 

Q. Do you know where he was livina at the time of the election?—A. Badin. 

(i. Do you know, INIr. Crowell, anythina about IMr. Howell havin.a been con¬ 
victed of crime?—A. Y>s; he was sent to the penitentiary for five years. 

What crime?—A. T'or burnin.a up a buildina. 

(J. He had formerly lived in your neiabborliood?—A. Ri.aht in Gold Hill. 

(). That is the time he was charaed of the crime?—A. That has been 12 or 
14 years aao. 

Ch Hu yuu know his politics?—A. No; I do not. 

('ross-examination by IMr. I. li. Bukleso.v : 

Q. You do not know but what he voted for INir. Douahton—A. I do not know. 

Q. Furthermore, vou do not know whether he was reinstated or not. do you?— 
A. No. 

Mr. DAN SPEIGHTS testified as follows: 

Direct examination by IMr. II. L. Smith : 

(). Sjviahts. you live here in Albemarle?— A. Y('s. 

Cy State M'hether or not you w(M’e in Democratic headiiuarters on Friday 
ni.aht before the election, and did you see Mr. Simp (N)x?—A. Yes. 

cy State at that time or any other time whether you ever heard of any 
plan, scheme, or device, or any talk concernina same, in any way by which a 
larae number of lleiaiblicans should be challenaed, hindered, or delay('d on elec¬ 
tion (la.v or should be counted out of their votes?—A. No, sir. 

(}. Wei-e you there on IMonday night?—A. Yes. 

(}. Did you hear any such conversation on yionday niaht?—A. No. 

(y Was Mr. Cox there .Monday night?—A. Yes. 


1116 


CAMPBELL VS. DOUGHTOX. 


('ross-exainiiiation by ^Nfr. W. L. Campbell: 

(L Where do yon live?—A. Albemarle. Avard 8. 

(L Yon are one of the executive committee of the Democratic Party?—A. No. 
(}. Mdiy did yon bai)i)eii to be at tliis meetinj? they were holdini? on INIonda;^' 
niffbt?^—A. Weil, we bad a meetini; and tlu-ee or four of ns were np there. I 
worked for the Democratic Party all the time dnring the election. 

(i. Yon were interested in tiieir welfare and tlie men on their ticket?—A. 
Yes ; all my life. 

How much did yon s’^t for yonr services?—A. Don't know as I .liot 
anytbin. 2 :. 

(y Name some who were np tbei-e on Friday ni.abt before the election?—A. 
Mr. Hartsell, Frank Blalock, .Tim Lowder, Alma Smith; there Avas a Avbole lot. 

(). What business took ])lace ii]) there that nis'bt?—A. I don’t knoAAL We 
Avere talkiitt? about the election—boAV aa'c tbonftbt it AA'onld jio. 

(y Hoav did yon think it Avonld jro?—A. We tbonjibt it AA'onld jjo Republican 
from the looks of everytbin^r. 

(y What else did yon discuss?—A. I don't knoAv ; bnt there Avas no scheme, 
any Avay, shape, or form. 

(y Yon Innl some hooks nj) there ^toinu; over?—A. I don't knoAv that AA'e did. 
(y Did not p) over the names that h;id been registered around in the pre¬ 
cincts?—A. I do not knoAv that Ave Avent over any that nijj:ht. 

(y So yon did not help (*heck any of the names arnnnd OA’er the comity?— 
A. T <lid in No. 8. 

(y What AA’as the nature of the check?—A. To find ont if they Avere resris- 
tered. T Avoi’ked to i;et everybody reitistered. 

(y How did yon know Avliethei- or not they Avere re. 2 :istered? What AA’ere 
yon checkins' from?—A. AVell, I stayed over there Avhere they AA'ere re.sister- 
ins them most of the time. 

(y Yon say yon live in No. .8?—A. Yes. 

(y T)id yon set a coi)y of that list and hrins it over?— A. Never did. 
fy Ah»n .Inst came over and rejiorted?— A. Yes. 

(y Yon say ('ox Avas there on Monday and Friday nishts?-—A. Yes. 

Air. .TTAI MAIHjDIN testified as folloAvs: 

Direct examination by Air. R. L. Smith: 

(y AVere yon in Democi’atic headipiarters on Friday nis'ht before the elec¬ 
tion?—A. No; T Avas n]) there the nis'ht before the election. 

(y AA'as ('ox np there that nisht?— A. A>s: he Avas Avith ns. 

(y Did yon hear that nisht any statement, plan, scheme, or device, or any- 
thins said about a lot of of Republicans Avonld he delayed or hindered in the 
county'/—A. Never heard anythins resardins that. 

Q. Air. ('ox left Avith yon?—A. He and me come on doAvn tosether. 

Q. Yon Avent Avith him and left Avith him? — A. A.>s. 

(’ross-examination by Air. T. R. Bi’kleson : 

(y A'on Avere there about 10 minntes?— A. Yes. 

Air. .T. F. BTvAL()(’K testifi(^<l as folloAvs; 

Dii-ect examinafon by Air. R. L. Smith: 

(y AA'eiH' yon 'n Democratic he;id(|narters on Friday nisht before the ele(dion 
Avhmi (’ox Avas n]» there?—A. A'es. 

(y State Avhether oi' not anythins Avas said about any i)Ian, sidieme. or device, 
or any I'cmarks made about (duillensins, himler'ns, oi- delayins a nnmher of 
Rennhli('ans in the county or conntins them ont? —A. Never a Avord menPoned. 

(y State if yon oA-er heard of this scheme nnt 1 (his contest starteil? —A. 
NeA’ei- did. 

(). AA'ere yon there on Alonday nisht'?— A. Yes. 

(y State if there Avas anythins said there on Alonday n'sht about hinderins 
or delayins Jiny Reiaihlicans or conntins them ont?—A. There AA’as not a AA’ord 
said at all. 

Air. P'RKD SAHTH testitied as folloAvs: 

Direct examination by Air, R. I.,. Smith : 

(y AVere yon in I>eniocratic heaihpiarters on Friday night before the elec¬ 
tion and Alonday idsht?—A. Yes. 


C’AMPBELL VS. DO UGH TON. 


1117 


Q. 

Q. 

any 

Q- 


Was S'liip Uox tliere?—A. Yes. 

State if you Iieard aiiytliiiiii' about a plan, sclieiue, 
Kepul)lieaii should I)e hindered or delayed?—A. Not a 
Aiiytliin.a- said about eouutiu.a: theiii out?—A. Xo, sir; 


or~‘(levic(‘ by wlucli 
thiu,a: said about it. 
there was not. 


(h-oss exaiuinathai by Mr. I. K. Kriu.Esox : 

Q. Your name is Pi-ed Smith?—A. Pred J. 

i}. If there had been a eonspiracy they would not have told V(»u about it?—A 
I should think they would. 

(). Did you attend the meetin.us re.uuhirly?—A. Every time thev had a meetinjr 
(.). \ou think they woidd advertise?—A. I think thev would tell me wliat 
they were soing to do. 

(J. I)o you thiidv they would tell all their fr'ends?—A. T can't say about that. 
i}. oil know ,if they had a secret they would not tell everybody?—A. Xo. 


]Mr. EARL ROST testified a.s follows: 

Direct examination by :Mr. R. L. Smith: 

(,). M'ere you in Democratic headquarters on Friday or Monday n!i,dit before 
the election?—A. Yes. 

(}. Was Simp (’ox there the ni,i>hts you vrere?—A. Y^es. 

State if you heard anythiiifi- said in any way about hinderinji: or delayinjr 
any number of Reiniblicans and keepin.c them from voting?—A. Xo: T did iiot 
State if you ever heard of any such scheme until this contest came u])':'— 
A. T never did. 

YWu know Cox?—A. Y>s. 

(}. Do you know his jreneral character?—A. It is .aood. so far as T know. 

(’ro.ss examination by Mr. I. R. Rthlesox : 

C^. So far as you know Cox’s character is jrood?—A. Yes. 

(}. Did you ever hear anybody say different?—A. T never liad any cause to. 
ii. He had .some trouble didn't he?—A. Y'es. 


Redirect examination by iMr. R. L. Smith: 
(}. He was acquitted of that trouble?—A. Y"es. 


iMr. WILL DAVIS testified as follows: 

TMrect examination by Mr. R. L. Smith : 

(). M'ere you in Democratic headquarters on Priday nijiht before tbe elec¬ 
tion?—A. Xo; on Monday. 

(i. AVas Mr. (’ox up there that nijiht?—Y^es. 

(}. State if you ever heard anything: .said by anyliody rejrardinjr any plan, 
scheme, or device by which they intended to hinder or delay, or by cheating 
oi* outcounting them?—A. X'o, sir. 

Cross-examination by ]\Ir. Burleson : 

(h AY)u know that it was done in the western jiart of the county?—A. Xhi. 

(). You have heard it?—A. No. 

(i. Do you take any pai)er?—A. XY). 

Mr. ALMA SMITH testified as follows: 

Direct examination by Mr. R. L. Smith: 

(^. Were ,vou in Democratic heachpiarters on Priday or ^Monday night before 
the election?—A. I was there both nights. 

(L Was Cox there either or both nights?—A. T saw him on ^Monday night; 
I do not remember .seeing him on Priday. 

(L State if anything was said in any way about any plan, scheme, or device 
or about counting them out?—A. Xothing at all. 

i}. State if you ever heard of any such device or scheme until brought out 
by this contest?—A. I never did. 

(L Do you kno\v Cox?—A. Yes. 

(). Do you know his character?—A. Y^es. 

(-i. What is it?—A. Good. 

(^ross-examination by Ylr. Burleson: 

(,). You have heard that it did occur in western Stanly?—A. I have heard 
they had some trouble. 


1118 


CAMPBELL YS. DOUGHTON. 


(L And some four oi' five liiuulred did not vote?—A. 1 never lieard as to the 
number. 

i}. And you heard there was some trouble?—A. I heard the Ilepublicans 
claimed- 

CJ. And you heard mostly Republicans?-—A. I have lieard of quite a number 
of Democrats. 

D. And those two townshijis are the only ones that all did not vote?—A. I am 
not certain about that. 

(L Have you lieard of any others?—A. I am not sure alxuit that. 

^ And you further know that those townsliips are also the stronjtest Re¬ 
publican precincts in the county?—A. It is usually admitted that tlu«e town¬ 
ships are Republican. 

(J. Those two townships are overwhelmin.^jly Republican?—A. For the last 
few years they have .aiven the Reiiublica.ns a majority. 

(}. You don’t know what took place in Democratic lieadipiarters when' you 
wei-e not there?^—A. Xo, of course I don’t know what took place when I was 
not there. 

(L I btdieve you helped to over the AViscassett Hill and help get all the 
names of the ladies who would vote the Democratic ticket and put their names 
on the book?—A. I made a list of some of the women who lived in our section 
of the town and as far as iiossible when T got up with them ask them to register, 
as far as putting anybody on the book T did not. 

(j. Did you furnish H. C. Troutman, the registrar in ward 2, your ward, a 
list of names of ladies reputed to be all Democratic women?—A. Xo; I may 
have banded him a few names from time to time as I thought of them, but as 
for fundshing a complete list of the women in our ward I did not do it. 

Q. Would you give us an estimate of about how many, all told, you handed 
your registrar?^—A. I could not give you. 

(}. About how many?—A. Well there might have been a dozen and there 
might have been more. 

Q. r>id the registrar put those names on the book?—A. I suppose those that 
regist(u-ed he put on the book. I never saw him or heard tell of him putting 
one on the hook except when the person appeared before him. 

(j. You know that the names you gave him were all Mr. Doughton's friends?— 
A. Xo; I don’t know that. 

Q. They were reputed to be Democrats?—A. Well, I was not specially hunting 
the Rci)ul)licans. but a number of the names that I gave him I found out after¬ 
wards did vote the Republican ticket. 

(}. q’here was not many Democrats up there, Air. Smith?—A. Quite a few; yes. 

Tiedirect examination by Mr. R. L. Sxiith : 

(). You were not looking after Air. (’ampbell’s friends to see whether they 
W('r(‘ registered or not?—A. He had not spoken to me about that. 

His friends were doing that’?—A. They seemed to be doing it very much. 

Reci’oss examination by Air. Buiu.eson : 

( j. Had Air. Doughton spoke to you about having his friends put on?—A. Xo; 
he had not. 

Air. ,T. AI. HARRIS testified as follows: 

Dii’ect examination by Air. R. L. Smith: 

(). Do you know Sinp) C'ox?—A. Yes. 

(,). Do you know h'S gcmeral cl'.aracter?—A. It is good. 

Air. THFRAIAX AIARRY testilic'd as follows: 

Direct examination by Air. R. L. S^mith: 

(). "WTre you in Democratic luxulquarters?—A. Alonday night. 

(>. Did you Ix'ar anything sjiid that night in any way about any scheme or 
d('vice oi- plan to hinder or delay any number of voters and keep them from 
voting on election day?—A. Xo. 

(’ross-examination by All’. 1. R. Bukleson : 

Q. Xo oiu' has ever said a device was made on Alonday night, have they?—A. 
1 do not know. 



C’AMPBKLL VS. DOUGHTON. 


1119 


]\Ir. (J. Kl) ('IvOWKLL testiiiod as follows: 

1 >iroct exaiiiinatioii by ]\Ir. 11. L. S.mith : 

(). ^^'hel•o do you livoV—A. ()akl)oro. 

(y 1 read to you the followiiia’ stateiuent which ai)i')ears in the record made 
hy ]Mr. lUirle.son, attorney for the contestant, on INIarch 12. and ask you what 
you have to say ahout it: “ (lentleuien, I desire to introduce the suhi)cena for G. 
Ed Ch’owell, dated March o, lh21, for his appearance in Oakhoro. March 12,1021, 
at 10 o'dock a. in. J want to state what 1 desired to show hy G. Ed ('rowell— 
tlie contestant desires to show hy G. Ed Crowell that he knew of his own 
I)ersonal knowledge that the re”:istrar and the Democratic election officials of Bitt 
Lick Township were instructed fnuii Democratic headquarters in Alheniarle. or 
their a.aents, to hinder and delay and obstruct the Republican electors in said 
township from castiiii? their ballots for James I. Campbell for Congress in the 
eighth congressional district; evidence he has told to the late Dr. T. P. Whitley, 
and others.” 2sow, iMr. Crowell, state whether there is any truth in that state¬ 
ment or not.—A. I did not make any statement of that kind. On election evening, 
about 2 o'clock, neai- 2 o'clodv, 1 heard rumors thtit the Republicans were going 
to make a greasy si)ot of the Democrats that night in Oakhoro. As 1, being ouo 
of the to^^n aldei’ineii. consulted with one qf the others and ^ve decided to see 
the sheiilT and see if we could get .some iirotection. 1 came to Albemarle to see 
the sluM-itf. As 1 came across the street there Dr. Wlutley and Dan Etird were 
standing on the coiaier. 1 walked up in front of them and stopped and 1 sail 
to "Mr. Whitley, I ca.n not furnish you the step lumber like you want.” lie 
.says, “All idght: 1 will get it elsinvhere.” So he says', “How is the election out 
there'.''’ And 1 said. “ Well, the Republicans are trying to make it ajipear and 
talking on the streets that the Democrats ai’e trying to hold hack and he slow 
and not vote them .all.'’ Something similar to that; and I went on in and seen 
the sheritf and that was all that was said. 

(). Did you make any .stateineiit to anybody that you knew of your own 
kno^^•ledge that the ehn-tion otlicials had he(Mi instructed from Democratic head- 
(piarters to obstruct the Uepuhlican eh'ctors from casting their vote?—A. I do 
not know anything about it at all. 

(). Did you vote on election da.^■?—A. No. 

(y How many times did you go to the ])olls. if any, in order to vote?—A. I 
went as many as thi-ee times. 

(y You live in Oakhoro?—A. Yes. 

(y How far fi’om the iiolling i)lace?—A. My oflice is ahout two blocks. 

(}. M’hy did you not vote?-—A. It was crowded, .I'ust .shoving an<l pushing going 
on, and I did not care to tight my way in like that, so I did not push in. 

Q. State if you saw anyone going in ; and if so, how they were getting in at 
that time.—A. The ones I seen were pushing and .shoving and going in the best 
tlu'y could g<'t in. 

(y State if you saw any ]»arti(‘ular ]>erson and how they had to get through 
the crowd to get in.—A. After I got hack from Albemarle it was ahout quitting 
time; late in the aftt'rnoon G. Furr came out and ])ulled off his coat and got 
down like a hog and went under the crowd and got in and voted and came out 
the door. 

(y Why didn't you get in the sam(‘ way'?—A. I might have hurt them if I 
had s'tarted; T am too i»ig a hog for them. 

1 'or whom would you have voted for Congress if you had gotten in?—A. 
R. L. Doughton. 

Q. Now, these people that were crowding in, what party did they belong to, 
largely?—A. From the voters T would say the pro rata vote is from 3 to 1 ; it 
would have been Republican 3 to 1. 

(y Do you know if any other Democrats out there besides yourself did not ,gor 
to vote?—A. Yes; Thomas Eudy works for me and <lid not get to votis I don’t 
remember any others: 1 ha>'e heard them speak hut did not rimiemher. 

(>. You did not keep a list?—A. No. 

(’ros.s-examinalion hy iMr. Mi J.. C.vxipuklt.: 

(y Do you live in Oakhoi'o'?—A. Yos. 

(y Ai‘e you in husim'ss theri'?^—A. Yes. 

(y AVhat k'ind of husine.ss'?—A. Taimher. 

(y M'ere you attending to your business affairs that morning—on the morning 
of the election'?—A. AYiil, 1 looked aft('r the office work; I came up street and 
hack to the oOice. 


1120 


CAMPBELL VS. DOUGHTON. 


(J. So yon wore iir<niii(l your lumber i»hmt ])r;icti<'ully all of tin' time?—A. 
Xo; I was in the oftiee i>art of Hie time ami on the street part of the day. 

(). You eame to Allamiarle about 1 o'l'loek?—A. Anywlieri' from 1 to 2. 

(h What t me did yim jtet back?—A. Sometbinji like 4 or o o'clock. 

(i. Did you try to ^et in when you went back'-'—A. Had my tickets in my 
pocket tryin]Lr to .uet in. 

Q, P>ut you wei-e not as anxious to disturb thin,i;s as some of your other 
Democratic friends, like the hog, as you say'/—A. No; 1 did not push in like 
some did. 

Q. Mr. Furr, you spoke of, is a Democrat?—A. I would hate to say what he 
voted : I did not see him. 

i). He is retiuted to be a r>emocrat?—A. Yes. 

(i. Is it a fact you told Di-. ('ampbell you did not care to vote?—A. I told him 
I did not push in ; that I was there to vote, but did ifot care to push in. 

(}. You did not stand in line, did you?—A. Did not have any line out there, 
just a big ring, and they were pushing. 

You did not stand in one place and work in with the crowd?—A. Xh). 

(}. Do you know of any other township, with the exception of Furr and Big 
Lick, where all the votei’s did not get to vote in this county'.'*—A. I do not 
know. 

(j. You do know there was a great deal of conpilaint on account of the voters 
not getting to vote out there that day?—A. Some did not get to vote. 

Q. Did you see anything of a disturbing nature going on that day?—A. X"ot 
until after dark. 

Mr. ED THOMPSON testified as follows: 

Direct examination by Mr. K. L. Smith: 

(). You live in Tyson Townshi])'.'’—A. Yes. 

(j. Yoni know Mumford Kirnmer?—A. Yes. 

(,). Do you know about when he moved back to Tyson from (’enter T’own- 
ship'?—A. Yes; 1 know right about the time, but I could not be iiositive about 
the date. 

(j. What time was it'?—A. Some time the first week in .Inly. 

(j. Do you know how he voted in the election—foi- whom he voted'?—A. I 
know how he said he voted and how he usually does. 

(). How did he vote that day'?—A. Straight Kepublican ticket. 

(). Do you know Jack Green?—A. Yes. 

Cj. Where has Green been living for the past years'?—A. He has been in 
iMonroe. upon my undei'standing. 

(). Did Mr. Green vote in tins election'?—A. T think so. 

(.}. Do you know his politics'?—A. Kepublican. 

(j. Do you know whether iMr.s. Mumford Kiinmer voted or not?—A. No; she 
is dead. 

Cj. Mr. Kirnmer has been living in Center Township with his son-in-law and 
moved back some time in July'?—A. Yes. 

(b-oss-examination by iMr. Rukleson ; 

(j. You do not know wliether be had l)een back over to Tyson four months or 
not?—A. I would not swear to it; no. 

Q. iMr. Kiinmer moved over to his son-in-law in Center Township, his wife 
died, and his oldest boy left him, and he decided to break up hou.sekeeping, so he 
went over there and worked on a cooperative plan, worked there, and then eame 
back to his place and started a crop there. Came back there and worked during 
the day and would go back at night, and he kept his things in Tvson at night‘s— 
A. No. 

Q. Did he have anything over there?—A. He had a little corn. He began a 
croji and he said it was very dissatisfactory, and I think it was the second 
Sunday in July I noticed some one was down there; I seen smoke and went 
down to see, and when I got there Mr. Kiuimer had moved back home, 
tj. You don’t know when he did move back?—A. Just a day or two prior. 

(j. And he had been working at his old home all the time?—A. No; he came 
over thei-e occasionally. 

(}. So it was his old home there?—A. Y^es. 

{}. W’hat was it about. Jack Green?—A. Mr. Smitb jisked if I knew him. 

Q. Jack Green is a single man, isn’t he?—A. His wife is dead. 

(}. Don’t you know he has been living with H. L. Green for the last 12 or 14 
months'?—A. No; I don’t know that. 


C’AMPBELL VS. DOUGHTON. 


1121 


(}. Do you know lie lias been ovei- there bow loii^?—A, To the first of niy 
knowledge, was right about tbe 4th of July, and he said he was on a visit. 

(). .Tidy 4. what year?—A. 1920. 

ii. First time yon ever saw him?—A. Fii’st time I remember seeing him, 

Q. Did yon ever know him before?—A. Sure. 

(,). How near does he live to yon?—A. About 8 miles of me, if be was living: 
with H. 1.. Green. 

Q. Do yon see him (inite often?—A. Yes, 

(). Do yon go to the same clinrch?—A. No. 

(>. So he might have been there for a year?—A. I think it was possible for 
Iiim to have been, bnt I hear others speak about him. He came in and I com¬ 
menced seeing liim about that time. 

So yon are swearing what somebody else told yon and not what yon know 
yourself?—A. I am swearing of when I saw him. 

Q. Yon do not know how long he had been there before yon saw him?—A. I 
know if he had lieen there I would have seen him, 

Q. When did yon pass H. L. Green’s home?—A. I don’t know what date it 
was, bnt I never go to Rocky River Springs or Aquadale and never go only wheu 
I see them. 

Q. How many times have yon been there this year?—A. I have not kept a 
re<*ord, lint liave been there a number of times. 

Mr. -T. 0. DUNLAP testified as follows: 

Direct examination by Mr. R. L. Smith : 

Q. Did yon ever hear .Tack Green make any statement about wliere he lives? 
Go on and tell anything yon heard him say.—A. I saw him some time ago, and 
said. “Where do .von live now. .Tack?’’ And he said, “T am visiting over here 
at m.v brother's now: I have rented ont my home over at INIonroe and over here 
on a visit.” 

i). About when was that?—A. Right about a year ago, I think. 

Q. Did yon ever hear liim make that statement more than one time?—A. On 
two occasions. 

i}. Was the occasion later or earlier than that?—A. Later than that. 

Q. What time was that?—A. Some time in the summer; don’t know how far 
apart: we are always talking, and he told me on two occasions he rented out 
Ills liome, all bnt one room, and kept that so he could go back when he wanted to. 

Gros.s-examination by iMr. Burleson : 

Q, I believe yon are registrar in Center Township?—A. Yes. 

Q. I believe yon bi‘ongbt in the i-egistration books at the last healing’?—A. 
Yes. 

Q. Have .von had them since?—A. No. 

Q. Do yon remember S. .T. Smith voting in the last election?—A. He did. 

Q. Do yon know who he voted for for Congress?—A. R. L. Donghton. 

Q. Do .von know that he served a term in the penitentiary?—A. Yes; Federal 
prison. 

Q. Convicted of larceny?—A. I got instructions from ^Manning that he was 
entitled to vote. 

Q. So yon know that he was convicted of stealing money ont of the mail?— 
A. T know he was convicted and sent to the Federal penitentiary, 

Q. He was postmaster at Porter at that time?—A. He was. 

Q. So yonr understanding is a man who was convicted of felon.v—stealing 
money—was entitled to vote?—A. I only got that instructions from Mr. ?Mali¬ 
ning. 

Q. Did yon write the attorney general the facts in the case?—A. T did not, 

Q. Yonr instructions in this case, was it direct from the attorney general 
to yon?—A. I think T have tliat letter. 

Yon did not write him the facts in the case?—A. I have answered that. 

Q. How could the attorney general give his answer without knowing the 
facts? 

(The con test ee ob.ject.s to the further examination of the witness upon a 
naked legal question.) 

Q. Do yon know \^hether he had the facts .stated as they actually existed?—- 
A. T could not say, 

57695—21-71 


1122 


CAMPBIOLL VS. DOUGHTON. 


lledirect examination by Mr. R. L. Smith: 

Yon do know that Smitli wiis convicted in the Federal court, and sent to 
the Federal penitentiary in Atlanta, and that yon had a letter of instructions 
from the attorney general stating a man convicted in the Federal courts was 
not deprived of his right to vote?—A. That is the instructions I got. 

Kecross-examination hy Mr, Bukleson : 

Q. Then, every man who was convicted of felony who voted for Dr. (Camp¬ 
bell, their vote should be counted? 

(The contestee objects, as this is purely a legal question.) 

SAYIUEL KIMMER testified as follows: 

Direct examination hy IVIr. T. W. Bickett : 

(). Where do you live?—A. Down toward Aquadale. 

(i. Where is your post office?—A. Albemarle, route o. 

(y M’hat is your politics?—A. Democrat. 

Q. You are in the habit of taking right much interest in the election?—A. 
Well, some. 

Q. Did you get this letter through the United States mail?—A. Yes. 

(). Came addressed to you?—A. Yes. 

Q. Did you open it?—A. Yes. 

(The letter is offered as evidence: “Sam Kimmer, this is a warning. You 
and your boys stop work for democrats and stay at home election day and keep 
your friends home, we have evidence that will put you on the,chain gang and 
you will go there if you don’t stop democrat work. One of your low down boys 
in the woods now when we get a republican sheriff he will be got. If you go 
around the polls election day you will be saw you and one of your boys and 
friends. Y^ou said that you would stay all day if you try it you will be run 
off. Y"ou think you can slip in and not be saw you cant—sit up and stay at 
home you Big Bluff or go to the chain gang. Sam Kimery this is a warning.’’ 
This letter was written on mourning paper written with blood on the back.) 

Q. Did you vote on election day?—A. l"es. 

(}. And your boys?—A. Yes. 

Cross-examination by Mr. I. R. Burleson : 

(^. You have not been hindered or molested in any way?—A. No. 

(j. Y"ou have Democratic and Repulilican friends?—A. I suppose so. It did 
not bother me. 

Q. You do not know who wrote it?—A. No. 

(j. You do not know where it came from?—A. No. 

Mr. C. IM. I’OBLIN testified as follows: 

Direct examination by IMr. R. E. Smith: 

Q. You were tiie Democratic registrar in Tyson Township for the 1920 elec¬ 
tion?—A. Yes. 

Q. Did Jack Green vote in that election?—A. He did. 

(y IMiat ticket for Congress?—A. Republican. 

(}. Did Mr. Mumford Kimmer vote?—A. Yes. 

(y What ticket did he vote?—A. Republican. 

Q. I wish you would state about Mr. Sam iMorton and Ike (tooper; what agree¬ 
ment was made jdiout their voting?—A. The Republican poll holder said he did 
not think that iMorton would be entitled to vote, and I said, “ AVell, Ike Cooper 
is not entitled to vote, either.’’ 

(y What grounds?—A. Well. Mr. iMorton has always voted in Tyson; his 
wife lives up here, separated, and they were challenging him on not living and 
being with his wife; said where a married man's people were that was his 
residence. I saul, “All right; challenge him and I will challenge Mr, Cooper. 
He has been working in Albemarle,'’ So we agreed to let them both vote and 
it would be even. 

(}. How did IMorton vote?—A. I think he voted a straight Democratic ticket. 

Q. How did Cooper vote?-A. He got his tickets at the Republican box. 

(}. So it was agreed that they both be allowed to vote?—A. Me and Josh 
Hudson. 

(}. He was the Republican poll holder?—A. Yes, 

Q. You say Mr. (iooper had been living in Albemarle and work'ng?—A. Yes; 
he worked in Albemarle when he could get a job. 


CAMPBELL VS. DOUGHTON. 


1123 


Q. Is he u single man or married?—A. His wife had been dead 10 or 12 years. 

Where is his hom(‘?—A. Don't know whether lie has one or not. 

ty Where does he spend most of his time?—A. In Albemarle. 

Q. So yon decided to let them both vote?—A. I tlion^ht iNIorton had a riftht to 
vote; he was staying with .Tim Kiminer. 

C^. He had been there all the time?—A. If he had been oft it was unknown me. 

(}. Do yon know anything about the residence of .Tack Green, how long he 
had been in the township’/—A. No; I do not know; he has been coming l)ack- 
ward and forward three or four years. Whenever I qnalitied him he said he 
was a (piahtied voter. 

Q. Wiiere had he been living?—A. iVIonroe. 

Q. That is in Union County?—A. Yes. 

Cross-examination by j\tr. Burleson : 

Q. Yon say Sam Morton’s wife is living here in Albemarle?—A. That is the 
report; I don't know the woman. 

Q. He had l)een working down in Tyson?—A. l^es. 

Q. He is working in Albemarle now?—^A. I do not know. 

Q. He was down there at the election, working in that townsldp?—A. He had 
been there before the election. 

Q. Did he vote an absentee ticket?—A. Did not. 

i}. \"on say Isaac Co<jper is a single man?—A. His wife is dead. 

Q. Owns a home in Tyson?—A. Has a tract of land there. 

Q. Keeps his house furnished?—A. Don’t suppose he has any. 

Q. Don’t yon know he has a bed and clothing there?—^A. I have seen him 
have his clothing on. 

(,^. Sam Morton’s wife is at his daughters and he stays there most of the 
time wl»en he is in Tyson?—A. When he is in Tyson. 

Q. This Sam INIorton we spoke of is Sam P.?—A. We call one Sam and the 
other Samp. 

Q. This Morton is a Republican and the other is a Democrat?—A. Yes. 

Q. And he is the one his wife lives in Albemarle?—A. Yes. 

Q. Do you know where Isaac Cooper listed his property for taxes, in Tyson 
or Albemarle?—A. I suppose Tyson. 

Q. His property is there?—A. Got a piece of land there. 

Mr. J. H. IMAULDIN testified as follows: 

Direct by Mr. R. L. Smith : 

Q. You live in Tyson Township?—A. Yes. 

Q. I>o you know Mack Crayton?—A. I know of him. 

(}. Do you know him personally?—A. Know his face. 

Q. Have you ever had a conversation with him about voting in the last 
election?—A. I heard him talking. 

Q. Talking in your presence?—A. Yes. 

Q. Since the election?—A. Y^es. 

Q. State what that was.—A. He said he run a business below the depot and 
sold out and went to Florida and stayed several years and came hack here and 
registered and voted a straight Republican ticket. He said he had not been in 
the State two years yet. 

il Did he say anything about slipping through—anything of that sort?—A. 
Don’t remember as he did. 

Q. What precinct did he say he voted in?—A. Furr to the best of my re¬ 
membrance. 

Q. Do you know anything about Jack Green’s residence in Tyson Town¬ 
ship?—A." No; he has not got any. 

(}. You know him?—A. Yes. 

Q. Where has he been living?—A. He is just in—backwards and forwards. 

Q. From where?—A. Monroe. 

(h That is in Union County?—A. Yes. 

Q. Do you know whether or not he has been living there?—A. He came to 
me about a year ago and said “If I can buy your place I will mo\e o^el heie 
and make it my home.” 

Q. Do you know what month tluit was in?—A. It was in August. 

Q. 1920?—A. Yes. 

Q. And he came and said if he could buy your place he would move o\er 
l,ere‘>—A. I told him I did not want to sell ; I was building. 


1124 


CAMPBELI. VS. DOUGHTOX. 


Cross-exaniiiiatioii by JNIr. Bueleson : 

Q. This man Crayton you spoke of, what for lookin.i*- man is he?—A. Old 
like man. 

Q. Was he married?—A. He did not say and I never asked him, 

Q, You do not know whether he voted or not?—A. I onlj* have his word 

for it. 

(.h You don’t know wliether his family is in Stanly or not?-—A. Xo. 

Q. You do not know whether he took his family with him or not?—A. He 

just said he moved off. 

(h You don’t know wlietliei’ he had any family or not?—A. Xh). 

(h And you don’t know that he voted more than what he su'd?—A. X'o. 

(X You don’t know wliether he voted in Fui’r or not?—A. He said he voted 
there. 

]\Ir. J. K. DAWKINS, I'eealled, testitied as follows; 

Dii'ect examination hy ]Mr. R. L. Smith: 

You testified this morning? you were one of the judges of the election 
at Badin?—A. Y>s. 

(}. Did .Jim Howell vote in that election?—A. Yes. 

(>. How did he vote?—A. Straight Repuhlican ticket. 

Ci’oss-examination hy iMr. Biuilkson : 

Q. You don't know whether that is the Howell they were speaking of as 
being from Gold Hill or not, do .vou?—A. It is the same man. 

Q. You don’t know whether he has ever been restored to citizenship or 
not, do you?—A. No. 

iMr. R. fj. IJRE testitied as follows: 

Direct examination hy I\Ir. R. L. Smith: 

Q. Do you know Arthur Penninger?—A. Y^es. 

Q. You are from Ridenhoiir?—A. Yes. 

Q. It is charged in the evidence liy the contestant that iMr. Penninger and 
his wife moved out of Ridenhoiir Township and went to Cabarrus County 
before the election; state M’hat you know about his residence there.—A. No; 
Penninger was working his father-in-laws’ land, had it rented, and long about 
the first or middle of September he decided that he would go over in Cabarrus, 
and he and his wife went; hut he held posse.ssion of the place and came hack 
and gathered and Icejit moving as he passed hack. 

Q. State if he had moved his clothes, etc., until after the election.—A. No ; 
Hr. Lowder said Penninger had him locked out of the house, and that he 
kept the house furnished until he finished moving. 

(Contestant objects to the hearsay testimony.) 

Q. That was until after the election?—A. Yes. 

(}. So they were hack and forth in this county all the time?—A. Yes; it 
was .some time around ('hristmas when he got through getting his cotton 
and corn. 

(’ross-examination hy Mr. Briu.EsoN : 

(). What month was it you said he moved over in (’aharrus?—A. I could 
not he positive, IMr. Burleson, hut my knowledge is the ndddle of September. 

Q. Prior to the election?—A. Yes; hefoi-e the election. 

(.). He and Mr. Lowder had some trouble about the house?—A. No; they 
did not have any trouble about the house; they fell out in regards to the crop. 

Q. And the reason he locked the house was to keep Mr. Lowder out until 
the end of the year?—A. IMy understanding was he had possession and held 
possession until he got through. Mr. Lowder went down to his son’s and 
stayed. 

(). Mr. Penninger and his wife and family moved over into Cabarrus in 
September?—A. I think to the best of my knowledge. 

O. And did not move hack to Stanly?—A. Not only as they come and 
gathered their crop. 

Q. Come over in the morning and go hack that night?—A. And take a lot 
of things. 

O. They are in Cabarrus now?—A. They Avere in Rowan but are back. 

Q. And never have been in Stanly since September?—A. No. 


CAMPBELL VS. DOUGHTON. 


1125 


]\[r. D. E. EFIIiD testified as follows: 

Direct exaiiiiiiatioii by ]Mr. K. L. Smith: 

(). Mr. (t. pi Crowell testitied to-day that on election day lie had a con¬ 
versation with Dr, Whitley in yonr presence; I wish you would state what 
was said about the trouble in P>i,!:!: Lick, if anything?—A. He said he believed 
they were .u’oinjr to have ti'onble, tliat the Republicans were cursing the regis¬ 
trar for being' so slow, and had come up to see the sheriff about getting help 
to keep diuvn trouble. 

(J. Did he say anything about knowing of a scheme on the part of the Demo- 
(‘rats to jirevent the Republicans from voting?—A. He did not say anything 
about it. 

Ci'oss-examination by iMr. F.i’rt.eson : 

(F ^<>a did not hear all that was said that day between be and Dr. Whit¬ 
ley?—A. Yes; all the time he was with Dr. Whitley I was there. 

(). Do you want to swear and let it go intr» the record that he did not .see 
Di'. Whitley that day?—A. Yes; I think I would, for I was with iMr. Whitley 
the balance of the day. 

Q. Do you know whether or not he saw Dr. AYhitley before he met him on 
the street?—A. He said he had just come from Dakboro. 

{}. And he told you at that time that they were not voting as fast as they 
thought the.v ought to?—A. He said they were cursing the registrar for not 
voting as fast as they thought he ought to. 

(y Pie ahso stated that by reason of that kind of tactics that they contended 
all would not vote, didn't he?—A. Fie said they were contending or complain¬ 
ing that at the rate they were going all would not be voted that day. 

ii. And you know, of your own knowledge, they did not all vote?—A. No; 
I do not. 

(). You have heard that?—A. Yes; I have heard it. 

Q. You have lived in Rig Lick, haven’t you?—A. Yes; I live there. 

(y About what is the ratio of the Democrats and Republicans in Rig Lick?— 
A. It was alxuit three Rei>ublicans to one Democrat, 

Q. I believe you have been regi.strar in that township wdiile you lived in 
Rig Lick?—A, Yes. 

Q. Did you ever have any trouble in voting* all the electors?—A. I don’r 
]*emember that I did. 

(j. Have you heard of any township, except Rig Lick and Furr, where all 
the voters did not get to vote in the eighth congressional district?—A. I don’t 
know that I have. 

(]. You know that P>ig lack and Furr Townships are the two strongest Re- 
I'ublicans of any in Staidy County, don’t you?—A. There is one other, Almond, 
I believe it is said, to be the strongest Republican. 

(j. According to the number, there is more Republican votes cast in Rig 
Tack or Furr than any other two townships in Stanly County, aren't there■.^— 
A. I don’t know that. 

(,). AVell, vou have heard that, haven’t you?—A. Yes; I know that. 

(J. Have 'you heard that Center Township and North Albemarle are the 
strongest Democratic?—A. Y^es. 

(y Have vou lieard that any of the electors in either towmshi]) last mentioned 
failed to v'ote in the November 2d election, 1920?—A. I have not paid any 
attention to it; T don’t know that I have heard it. 

Redirect examination by ^Ir. T. W. Rtckktt : 

(). There were not half as many voters when you were registrar as there 
are" since the women are voting?—A. Seems to me the most I registered was 
7.10; something like half of what there are now. 

Air. T. T<". CRTSCO testitied as follows: 

Direct examination by AFr. R. L. Smith: 

(y A"ou are deputy sheriff and tax collector of Stanly County?—A. Yes, 

(i. I want to ask’vou if you have examined the tax books and whether or 
not you tind I.. J. Green paid his poll tax on or before AFay 1, 19*20 for the 
vear'1919?—A. He did. 

(}. What date did he pay it?—A. January 10, 1920. 

(y What i‘ecord do you find as to T. I’. P^hrd paying his poll tax?—A. It 
is paid in North Albemarle, No. 1. 


1126 


(’AMPBELL YS. DOUGHTON. 


Q. Paid before Mny 1, 1920?—A. Yes. It shows on the sheriff’s return to 

Q. W. C. ]\Iorton ; when did he pay his poll tax? A. Decenibei 19, 1919. 

('ross-exainination l>y INIr. Krannsox : 

() Is that on the eertitied list, Yh Horton? A. I never lookett at the 
('ertitied list for that one, l)nt I looked for Etird l)eeanse he moved from Aorth 

Alliemai'le to Radin. r, * x- 

Q. Yon don't know anythini; about L. J. Green's residence do yon y—A. Ao. 

■Sir. .TAIMES SWAKIXGEX testified as follows: 

Direct examination by iMr. R. L. Smith: 

(A Yon live in (’enter Township?—A. Yes. 

(A Is (’harles Swarin^i’en yonr son'.-'—A. Yes. 

(A Where was Gharles on Xovember 2. election day?—A. I reckon he was 
in (’harlotte. 

(A State is he a married man?—A. AT). 

(A State where he (‘onsiders his home?^—A. Y ell, he considers his home at 
Xorwood where we now live. 

(A I ask yon if he was not attendinji schoiil in (’harlotte?—A. T think so. 
He was called to the service and did not ,aet throntth. and times lie^tnn to s^et 
toniih and he decided he would take a business course and it came on the tilin' 
of the election ; it was in session at the time of the election. 

(The contestee offers in evidence as Exhibit A"o. 2 for the (‘ontestee from 
Stanly County the followin.a: affidavit:) 

XoKTH (’.ARoi.TNA, ^[vclxlenhnr<j CoiiDfj/: 

Charles Swarinji'en, beinti; duly sworn, says that his home and residence is in 
Stanly (’onnty near the town of Xorwood. A". (’., that he was born and raised 
there, and has lived there all his life, and has only been away on temporary 
duties and for the imrriose of obtainiiyu' an ediK'ation and employment: that 
he has never considereii any other place his home and has always had the in¬ 
tention and pnriiose of relnrniiif^ to his home at A'orwood wlieii thron.srh with 
his tem])orary .iobs: that he considers himself a bona fide residc^nt of Xorwood 
]irecinct. (’enter Townshi]). Stanly CJonnty. A’^. (’.; signed (’barles Swaringen, 
Sworn to and subscribed to before me this the 11th day of IMarch, 1921. (’. P. 

Rrown. Aotary Public. 

f’ross-examination by iMr. AY. T.. Campbell: 

" Q- Do yon kiioAv wliat kind of occiniation (’harles is engaged in now?^—-A. 
AA'orking in the post office. 

Q. How long has lie been there?—A. Haybe two months, in the neighborhood 
of a conjile of months. 

(A Yon don’t hear from him very often?—A. I hear occasionally and he told 
ns he would write a conide of times a month. 

(A So fai’ as yon know he will stay in Charlotte the rest of his life?—A. 
Well, he may do that. 

Q. There is no indication of his coming back to A’^orwood?—A. A"ot only for 
a visit and to look after ns. He told me and his mother that he would never;, 
marry as long as we lived. 

(A He is a single boy and lias not been home to amount to anything in three 
or four years?—A. Lets see, it has not been that long since he came back from 
the service, has it? 

(A Charles worked at Dayton, Dhio. for a while, did he not?—A. AYorked at 
Akron. 

(A He came direct home from there after that shutdown M'ork?—A. Yes. 

(A And after staying a day or so he went over to Charlotte?—A. He stayed 
some time around home, hut I do not know hoM" long. 

(A He did not woi’k any while he M’as there?-—A. I do not believe he tried 
to .get any work there. 

Q. He M'ent ovm* to (’harlotte and has been there ever since?—A. He went 
(oer to take a business course and tliat is how come him to go over there. 

(}. Hom’ long was he out in Ohio altogether?—A. I could not tell yon. 

(}. Two years?—A. I don’t think he was there that long, he stayed a little 
while. 

(A He left (^hio and Avent to the service?—A. He Avent from home into the 
servif'e. 


CAMPBELL VS. DOUGHTON. 


1127 


ii. And tluMi li(* went I)a(‘k to Ohio?—A. Yes; after tlie sei'vice stayed n little 
while, did not stay lent^. 

Has he ever listed any taxes in Stanly?—A. Don’t think he has. 

Uedireet examination : 

Q. I believe yon said Charles went into the service?—A. Yes. 

Q, He went from this county?—A. l"es. 

Q. He has always considered yonr place his home?—A. Yes; he says that is 
his home. 

Q. He gets out of a job he always comes back to daddy’s house’?—A. Y^es. 

IMr. B. H. SINCLAIU testitied as follows: 

I>irect examination by INIr. H. O. Turner: 

Q. Were you present at the time IMr. Foreman demanded copy of Mr. Dunlap’s 
books?—A. Yes. 

Q. Did you see Mr. Foreman offer IMr. Dunlap any money for copy of his 
books?—A. I did not. 

Q. .You heard him make the request?—A. I heard him make the request. 

Q. He did not tender any money?—A. I did not see any. 

Cross-examination hy Mr. Burleson : 

Q. At the time you saw them, you did not see any money offered?—A. No. 

(}. And you don’t know whether they offered it any other time or not?—A. No. 

Q. That was dark’?—A. No; it was right about sundown or a little after. 

Q. And it was on Frida.v before the election?—A. It was a week before the 
election. 

Q. And if he offered him money at any other time you do not know anything 
about it?—A. Did not see him any other time. 

Mr. .T. C. DUNT.AP testitied as follows; 

Direct examination by IMr. H. C. Turner ; 

Q. How many times did INIr. Foreman approach you to get copies of the 
registration books?—A. Only one time. 

Q. Is that the time which Mr. Sinclair spoke of just now?—A. Yes; he and I 
were together. 

Cross-examination by Mr. I. R. Burleson : 

Q. That was on Friday before challenge day?—A. Don’t think it was; think 
it was earlier than that. 

iMr. S. A. POPLIN testitied as follows: '' 

Direct examination by Mr. H. C. Turner : 

Q. What are your initials?—A. .S. A. 

Q. Mr. Poplin, state whether or not you ever heard Fred Lilly make any 
statement prior to this election ; if so, what it was.—A. Well, I heard him make 
a statement a good many of times; he talks a good bit, you know. 

Q. M’hat did he say’?—A. The time I mentioned a while ago was a few days 
before the election we were having some squabble over the women who could 
not read or write; he was very much excited; he said if he was Campbell, he 
woidd let them go ahead and do their dirty work and then contest the election. 

Q. Who is Fred Lilly; you know his politics?—A. I think so. 

(}. He is a friend and partisan of Campbell’s?—A. I think so. 

Q. He is one of the leading Republicans in that township’?—A. Considered 
so, I think. 

Q. That is Campbell’s home, too, isn’t it?—A. Yes. 

Cross-examination by Mr. Burleson : 

Q. You are one of the leading Democrats in the township there, are you not?— 
A. No, sir. 

Q. You voted the Democratic ticket?—A. Yen. 

ii. And what Fred Lilly stated to you was relative to registering the 
women’?—A. That is how lie approached me; he came down to my place very 
much excited over it. 

(j. That was not in the presence of the contestant, and so fai- as you know 
Dr. (’ampbell kiU'W notliing about tliat’?—A. No; 1 do not know that he knew 
anything about that. 


1128 


CAMPBELL VS. DOI'GHTON. 


Mv. ALEC NAT’IEK testified as follows: 

Direct exainiiiatioii by ^ii*. R. L. Smith: 

(b Yon were one of the election officials in Harris Townshii) <lnriiig the elec¬ 
tion V—A. Yes. 

(}. I >o yon reineinber Howell Ritchie votinii?—A. Yes. 

(}. He is a yonns: man. nnniaiT-ied ?—A. Y'es. 

Q. Some (inestion was raised hy the contestant that he had not been tonnei’ly 
liviiifi' in Harris Townshij); state what yon know aliont his residence.—A. W ell, 
he has been livinj? over there with his father and been f^oiiij; ont on these jobs 
workinji’ and coining*’ hack at least once a month. 

Q. And yon know he considered that as his home all the time?—A. es. 

Q. State if he was challenj’'ed on election day.—A. Yes. 

Q. State whether or not his challenji'e was passed on hy the jnd.ues of the 
election.—A. Yes. 

Q. 'What disposition was made?—'A. They let him vote. 

(h'oss-examination hy Mr. I. R. Kurlesox : 

Q. There was one Democratic jnd^e and one Republican jndiie mid a Demo¬ 
cratic rejtistrar?—A. Yes. 

Q. The Democrats had it two to one?—A. Yes. 

Q. ]\lr. Ritchie, yon say, was ji'oin.a: off and taking' woi’k?—A. Part of the time 
he was at home and part of the time he worked olf. 

Q. Wliat did he do at home?—A. Suppose he worked on the farm w th his 
father. 

Q. Is that what yon suppose or what yon know?—^A. I know he worked on a 
farm. 

(h Did yon ever see him workini;?—A. Yes. 

(}. Wlien <lid yon see him?—A. T went to Misenheimer Spiniiirs dnrinp: the 
winter, and he was workinj? tliere then. 

AVhich winter was it, before oi’ after the elecfon?—A. It was before the 
election. 

Q. The winter of I9R): and yon saw him workin.u' there then?—A. Yes. 

Q. Have yon seen him at his father's home workinji' since that time?—A. No. 

Q. Rnt he comes home to visit his parents very often?—A. Once a month. 

Q. He has been workins: away from home moi-e than two years?—A. Well, I 
presume so. 

Q. And he has been workinjj in a sawmill in South ('arolina?—A. I think he 
has been workinjr in the carpenter business in South Carolina. 

Q. How lon^ iirior to the election was he woi’kini; there?—A. I can't say. 

Q. Six months before?—A. I won't say that. 

Redirect examination : 

Q. Rnt he came home from time to time ami considered this his home?—A. 
Yes. 

Mr. F. :\I. WILHOIT testified as follows: 

Direct examination hy ]Mr. R. L. Smith: 

Q. Ml-. Wilhoit. I hold in my hand a list of the Democratic jndffes and regis¬ 
trars of Stanly County during the election held on November 2. 1920. I want 
to ask yon the character of these men. I Mali call them one at the time. Do 
yon know .1. ('. Dunlap?—^A. Yes. 

Q, What is his character?—A. Good. 

Q, John W. IJsk.—A. Good. 

Q. J. E. Klntz.—A. Good. 

(). A. C. Lentz.—A. Good. 

Q. Gi-adv Green'?—A. Good, 

Q. W. '\V. Talbert?—A. Good. 

Q. AY. J. ('otton'?—A. Good. 

Q. H. C. Troutman?—A. Good. 

Q. Dr. .1. N. Anderson?—A. Good. 

Q. J. Ed. Hartsell?—A. Good. 

Q. A. D. Candle?—A, Good. 

Q. T. J. Cotton?—A. Good. 

Q. H. C. Ivey?—A. Good. 

Q. Alec Napier?—A. Good. 

Q. ]\I. D. Rrooks?—A. Good. ' • 


CAMPBELL VS. DOUGIITON. 


IPiO 


Q. ]M. M. Furr?—A. Good. 

Q. L. Caudle?—A, Good. 

Q. T. I). Kelley?—A. Good. 
ii. Arthur Pltird?—A. Good. 

Q. H. 1*. Ftird?—A. Good. 

Q. 1). U. Kennedy?—A. Good. 

Q ('. M. I'oplin?—A. Good. 

A\'. H. Livens?—A. All good. 

(,’ross-exaniination by Mr. Bluileson : 

Q. ^on are a Democrat, are you not?—A. Yes. 

Q. And I believe you have been jailer under Sheriff Blalock?—A. Yes. 

^Ir. A. F. BILKS testified as follows: , 

Direct examination by Mr. B. L. Smith: 

^ (2. I have a list here of the Democratic judges and registrars of Stnidy 
County during the November 2 election and want you to testifv as to the 
character of these men. ,1. C. Diinlai)?—A. Good. 

John \V. Lisk?—A. Good. 

Q. J. K. Klutz?—A. Good. 

Q. A. C. Lentz?—A. Good. 

Q. \V. \V. Talbert?—A. Good. 
i]. W. J. Cotton?—A. Good. 

Q. 11. C. Troutman?—A. Good. 

(}. Dr. ,1. K. Anderson?—A. Good. 

Q. J. Ed Hartsell?—A. Good. 

Q. T. J. Cotton?—A. Good. 

Q. H. C. Ivey?—A. Good. 

(}. Alee Xapier?—A. Good. 

M. D. Brooks?—A. Good. 

Q. M. M. Furr?—A. Good. 
ii. John L. Caudle?—A. Good. 

Q. T. D. Kelley?—A. Good. 

(^. Arthur Etird?—A. Good. 

Q. IT. 1’. Ehrd?—A. Good. 
ii. D. 11. Kennedy?—A. Good. 

(J. C. M. Poplin?—A. Good. 

Q W. H. Bivens?—A. Good. 

Cross-examination by ^Ir. I. li. Burleson : 

Q. I believe you are a Democratic officer of the county?—A. Yes. 

^Ir. J. D. LOVE testified as follows: 

Direct examination l)y ^Ir. R. L. Smith: 

Q. ]Mr. Love, I have a list here of the Democratic judges and registrars of 
Stanly County and ask you as to the character of these men. J. C. Dunlap?— 
A. Good. 

Q. John AV. Lisk?—A. Good. 

Q. J. E. Klutz?—A. Good. 

Q. A. C. Lentz?—A. Good. 

Q. W. \\\ Talbert?—A. Good. 

Q. \V. J. Cotton?—A. Good. 

H. C. Troutman?—A. Good. 

Q. Dr. J. N. Anderson?—A. Good. 

Q. J. Ed Hartsell?—A. Good. 

Q. I. Stokes?—A. Good. 

Q. J. R. Hix?—A. Good. 

Q. T. J. Cotton?—A. Good. 

G. H. C. Ivey?—A. Good. 

Q. Alec Napier?—A. Good. 

Q. M. D. Brooks?—A. Good. 

G. Rails Lipe?—A. Good. 

G- John F. ^lason?—A. Good. 

Q. ^I. M. Furr?—A. Good. 

G. T. I). Kelley?—A. Good. 

G- Graily Green?—A. Good. 


1130 


(CAMPBELL YS. DOUGHTOX. 


C>. H. P. Etird?—A. Good. 

Q. 1>. K. Keiniody?—A. (Jood. 

('. M. Poplin?—K. Good. 

Q. W. H Kivens?—A G(n)d. 

Pay Sossinan?—A. Good. 

(’ross-exaininatioii by INIr. BraLESOx ; 

(). Yon liave served the snb])anms for the eontestee in this ease?—A. A in.a- 
jority of them. 

Pedii-eet examination : 

Q, Yon liave been slieidff of tlie county?—A. Yes. 

Q. And have been chief of i)olice for the town of All)emarle for how many 
y(‘ars?—A. Twelve. 

Pecross-examination : 

Q. Yon area friend of Mr. Donghton ?—A. Yes. 

Q. And a Democrat?—A. ITs. 

:\Ir. J. P. KLUTz'testified as follows: 

Direct examination by Mr. P. L. S:srrTH: 

Q. I will read to yon the names of Democratic .iudge.s and registrars of the 
November 2 election and will ask yon as to the character of these men. J. C. 
Dim lap?—A. Good. 

Q. John W. Task?—A. Good. 

(}. A. C. I.entz?—A. Good. 

Q. Gradv Green?—A. Good. 

Q. W. AY. Talbert?—A. Good. 

Q. AY. J. Cotton ?—A. Good. 

Q. D. C. Troutman?—A. Good. 

Q. H. (j. Ivey?—A. Good. 

(}. Alec Nap'er?^—A. Good. 

Q. AI. D. Brooks?—A. Good. 

(}. Dr. J. N. Anderson?—A. Good. 

Q. J. Ed Hartsell?—A. Good. 

Q. A. D. Candle?—A. Good. 

Q. AA’. I. Stokes?— A. Good. 

Q. J. P: Hix?—A. Good. 

Q. T. .1. Cotton?—A. Good. 

Q. Pans Pipe?—A. Good. 

Q. John F. Mason?—A. Good. 

Q. AI. AI. Fnrr?—A. Good. 

Q. Price Barringer?—A. Good. 

(). John L. Candle?—A. (iood. 

(}. T. D. Kelley?—A. Good. 

(). Arthur Etird?—A. Good. 

<}. Pav Sos*sman?—A. Good. 

Q. H. P. Etird?-A. Good. 

Q. D. P. Kennedy?—A. Good. 

Q. C. AI. PopPn?—A Good. 

Q. AA'. H. Bivens?—A. Good. 

(>. I ask yon if they are not considered among the bc'St men of the comity?— 
A. Y'es. 

Ci-oss-examination by Air. Burleson: 

(). How many times have yon ever seen Pay Sossinan?—A. I can't say I have 
seen him a number of years. 

Q. How near do yon live to him?—A. I snp])os*e it is 10 miles. 
i}. AA'hat yon know about him is what business yon have had with him?—• 
A. I have never heard anybody say anything about him. 

Q. Ahm are a Democrat?—A. A^es. 

(}. A^on have been an oflicial abovit the town connected with Air. Donghton’s 
friends in this business?—A. Yes. 

Pedirect examination: 

Q. Aon are one of the commissioners of the town of Albemarle at the present 
time?—A. A"es. 


('AMPBET.L VS. DOUGHTO'N'. 


1181 


Mr. .1. M. HAURIS tostirted as follows: 

Direct examination by INIr. R. L. Smith: 

(}. Ml. Harris, what ]iosition do you occiit>y?—A. I I’eckon you would call it 
the assistant cashier of the (’aharrus Savin^ts Bank. 

I call a list of names, and if you know their character I wish vou would 
state what it is. J. C. Dunlap?—A. Good. 

J. E. Klutz?—A. Good. 

G). A. G. Lentz?—A. (Jood. 

(L W. W. Talheit?—A. Good. 

(L W. ,T, f’otton?—A. (lood. 

ii. H. (’. Troutman?—A. (Jood. / 

(L H. G. Ivey?—A. Good. 

(>. Alec Naiiier?—A. Good, 

M. D. Brooks?—A. Good. 

Dr. J. N. Anderson?—A. Good. 

Q. J. Ed Hartsell?—A. Good. 

(). A. r>. (^audle?—A. Good. 

(}. T. J. Gotton?—A. Good. 

(). Bans Lipe?-—A. Good. 

(>. M. ^I. Furr?—A. Good. 

(}. T. D. Kelley?—A. Good. 

(L Arthur Efird?—A. Good. 

(}. H. I*. Etird?—A. Good. 

Q. D. R. Kennedy?—A. Good. 

(L W. H. Bivens?—A. Good. 

(>. T will ask .vou if all these men y(»u know do not ra)d\ as amonp; the first 
citizens of the couiit.v?—A. Yes. 

Gross-examination hy Mr. AV. L. G.vmprell: 

i}. T will ask .you if these men that have been named are not strong friends 
of the contestee, R. I.. Doufthton?—A. I presume they are. 

(,). All Democrats, aren't they?—A. l>s. 

(}. A'ou are a Democi'at. aren't you?—A. Yes: l)ut I have no ill feelin.o: for m.y 
friends over here; hut I voted for iMr. Doushton. 

Ml-. JOHN (WUDLE testified as follows: 

Direct examination hy Mr. R. L. Smith : 

(.}. Yon live in Tyson Township?—A. Yes. 

(,). State what you know about the residence of Samp Morton.—A. AA'ell, he 
lives down in our neighborhood—raised thei-e and married thore—and h’ln and 
his wife parted, and he moved his iiart of the thin, 2 :s over to his brother-in- 
law’s .and he was workin.y around in that community all last year. He worked 
with a man h.v the name of Jim Kimmer part of the time. 

(). State if he has ever lived out of the township for the last two years.'— 
A. Not Ion;:: at the time, he came off up here and worked at a .ioh—worked on 
this work at the count.v home. 

(). Do you know Jack Green?—A. Yes. 

(). Do vou know where he has been liviiifr?—A. He has been liviii" for .vears 
over in iMonroe. 

(L What county?—A. T^'iihui. 

(>. Do you know anythinjr about his intended residence in Stanl.v Gounty?—- 
A. Xo: he has no proiiert.v in Stanly that T know of, hut he has .some ^tood 
pro])erty in Monroe: I have sta.ved all ni^ht with him. 

(). Do you know if he keeps a room furnished there?^—A. I sta.ved two niffhts 
with him : he .says, “ I have let my house all exceiit this room.” Of cour.se, lie 
visits over here in Stanl.v very often. 

Gross-examination hy Mr. I. R. Btuileson : 

(>. You say Sam Morton's wife lives here in Albemarle?—A. Yes; they have 
parted. 

(). Do you know that they jiart frerpiently and .ao hack together?—A. They 
went hack toaetlau- and tried to live to.c.ether 1 mile of me. 

(L You know they have never been divorced?—A. No, 

(). And at this Fine she is living in Albemarle and he is working up here?— 
A. I dn not know where he is. 

i}. Ymi know he is not in Tyson?—A. I don’t know; he was there last year. 


1132 


(’AMPBELL VS. DOUGHTOX. 


Q. He lias been in South (’arolina?—A. I don’t know. 

(). And just prior to tlie election lie workeil on the coniity home and hoarded 
here in AlheniarleV—A. He came up here and worked some on that .lob and still 
calls that his home. 

(y At that time he was workin.u’ on the comity home was he hoardin.ir in Ty¬ 
son Township’?—A. No; not ^^hiIe he was up here at work. 

(^ Tliat was i>rior to the election?—A. I don’t know whether it was before 
or afterwards. 

(>. Do you know where he was workiipi- durin,ir Aujjust. Septemher, and Oc- 
tolilr?—A. He was workiip;- with his hrother-in-law, Jim Kinimer. 

(y And she was up here at the cotton mill?—A. V'es. 

(h Ahiur understanding' of the law is that a man’s home and residence is 
where his wife lives and that is his votin.tr place? 

((’ontestee objects to the witness testifying? as he is not qualified as an ex- 
licrt on the suh.je(*t.) 

A. If he was liViiij; Avith his wife it would he his home, hut he was not living 
Avith her. 

{^. They had not been divorced?—A. Yes. 

Redirect examinathm : 

(). You knoAv they AA'ere not living together?—A. Yes. 

(}. Had not lived together for Iioav long?—A. TAA’elA’e months. 

IMr. T. W. KEIJv testified as folloAA's: 

Direct examination by IMr. It. L. Smith: 

(}. You liA’e at Badin?—A. Yes. 

(}. You are the postmaster there at the iiresent time?—A. Yes. 

(y The contestant has raised some question about your right to vote on ac¬ 
count. as lie says, of nonpayment of your }ao11 tax for 1.010 : just state Avhether 
or not you i»aid your taxes for 1010?—A. My recollection is that there Avas a 
statement of my taxes sent to me and that T just coA’ered the statement Avith a 
check and sent it OA’er here to Albemarle. 

(}. W’ho did you send it to’? —A. T think to the sheriff; I am not iiositiA’e 
alM)ut that. T Avrote a letter to the sheriff later on and forgot Avhether I sent 
the check to the sheriff or clerk of the court. 

(}. Did that check come hack to you canceled?—A. I can’t say; T suiqiose it 

Avas. 

(y Did you get it back from the bank as a canceled <*heck?—A. I siqiiAose I 
did. I hardly ever pay any attention to my canceled checks; hardly eA'er keep 
a stub. 

Q. I ask you if you Avere eA’er called on for those taxes? —A. No. 

No demand made on you for it?—A. No. 

Q. In other Avords. you sent a check for all taxes you Avere notified you 
OAved?—A. Yes. 

Q. When Avas that check sent; Avas it on or before IMay 1?—A. I suppose it 
must have been, for I sent it immediately after I receiA'ed the notice, to the 
h(‘st of my recollection. 

(}. When Avas it; Avas it before May 1?—A. I Avould judge so. 

(}. Can you be positive?—A. No; for I gaA'e it Aery iirtle thought. 

(). Gould you look on your re<-ords a.nd tind out’.^—A. I think I could look up 
my records and tind out. 

( ’ros.s-exaniination by iNir. Mh B. (’aai piiki.l : 

(y IIoAv long luiA'e you been in Stanly (’ounty’?—A. SonuTliing oA'er tlii'ee 
years. 

(>. You are a married man’?—A. Yes. 

(}. AYhen did you move your family?—A. About a month after. 

(h HaA'e you been a continuous resident eA’er since you first came Avith your 
family?—A. Yes. 

(). ^Yhere did you list your taxes for 1919’?—A. I Avent there to Huneycutt’s 
at Badin ; that is my recollection of it. 

Q. What Huneycutt’s is that’.''—A. I mean the furniture store in Badin. 

(J. And some time later on, as I understand, they sent you a receipt, and to 
the best of your recollection you sent a check and you do not knoAA^ Avhat that 
check covered, Avhether poll tax or not?—A. It was just tax, and I did not 
notice Avhether ])oll tax Avas on that or not. 

Q. You (‘an’t sAvear Avhether poll tax Avas on it or not?—A. No. 


(’AMPBELL VS. DOUGH TON. 


1133 


Redirect exainiiiatioii: 

Q. ’ion i)aid all the taxes they notitied you were due? A. Yes. 

Q. iou listed your propeidy and polls the yeai- before?—A. I don't know 
wlien it was. 

ii. \ou listed it at the rejtular time?—A. i\'heii the assessor came around. 

Q. 'ion paid all that was assessed ajtainst you?—A. Yes. 

Recross examination: 

You said you did not remember when you sent that check iu*^—A No- I 
do not. ' • • - I 

Q. Don’t know whether it was after May 1 or not?—A. I shoidd judge it 
was f(u- it has been some time ago. 

Redirect examination: 

(.>. T will ask you if there was not some controversy as to your initials or 
name?—A. A short while ago some officer came from over here and i)resented 
a bill for taxes for another Kelk and thought I were he, but that was Earl 
Relk, and about three weeks before that he had gone to Alcoa. 

Q. AVas he in the service?—A. I think so. 

Q. Were you challenged on challenge day?—A. No. 

Q. There was no question about it at all?—A. No. 

Air. .T. A. LITTLE testified as follows: 

Direct examination by Air. R. L. Smith : 

(j. It is in the evidence you are clerk of the court?—A. Yes. 

Q. You have in your possession a list of i)oll taxes as turned over by the 
sheriff for the year 1919?—A. Yes. 

Q. On yesterday Al. L. Lowder, of Big Lick Townshii), was on the stand and 
I asked if he paid his jk)!! tax. I wish you would look and see if his name is 
on the list?—A. Yes; his name appears on the certified list. 

Q. As having been paid on or befoi-e Alay 1, 1920?—A. Yefi. 

(Court adjourned at 5 o’clock.) 

Fihday, Aitril 22, 1921. 

Air. GEORGE AV. REED testified as follows: 

Direct examination by Air. R. L. Smith : 

(). Air. Reed, where do you live?—A. Here. 

(). Some time ago, when the contestant, I>r. Cami)bell, was taking evidence 
hei-e. AA'. F. Swaringen went on the stand and swore that on the morning of 
the election that Oscar Neal told him (Swaringen) that you said you were in 
the office of R. L. Smith and said that .lohn Boyette was up there and one or two 
othei-s, and they planned to throw out Big Lick and Furr i)recincts and were 
going to cheat enough out of precinct 1, Noi-th Albemarle, to carry Staiily ; 
state, Air. Reed, whether you ever told Oscar Neal any such thing.—A. I did 
not. 

O. State whetlnu- or !tot you were in the office of R. L. Smith on the night 
before election?—A. I was not. 

(). State if you have ever been in his office at any political meeting?—A. 
Have not. 

(}. State if you wei-e in any other office in town that night in iiny meeting 
<tr assembly i)ertaining to the election?—A. AA'as not. 

Q. So, then, it is idi.solutely untrue that you made such a statement?—A. 
It is absolutely. 

D. 1 ask yen if you saw R. L. Smith or .Tohn AI. Boyette in his office on the 
night before the election?—A. I did not. 

Hon. R. L. DOUGHTON testified as follows: 

D!i-(>ct examination by Air. T. AAk Bickett : 

(). Air. Doughton. you are the contestee in this case?—A. A>s. 

Q. How many times have you represented this district in Congress?—A. I 
have served five terms ju-ior to the present term. 

(i. In jiny of the former elections have there been any contests over your 
seat?—A. No; there has been no contest or I have heard of no intimation that 
there was any grounds for contest until this election. 

Q. AA'hat kind of oi-ganization. if any, did you have in making your campaign 
in the last election?—A. I had no organization of my own whatever, had no 


1134 


CAMPBELL VS. DOUGHTON. 


heacUiiiarters, only had a cliairniaii in name that conducted my campaign; did 
not send out any literature and did not make any campaign only what 1 made 
through the regular organization in the district. 

(). What contributions, if any, was made hy anyone for the campaign?—A. I 
received no conti’ihutions from any source, either State or Nation, that I have 
any knowledge of. 1 ha<l some few small contributions tendered me, hut I 
declined to accept them. Individual contributions by some of my friends near 
home. 

Q. The statement of your own expense account is on tile in Washington?— 
A. Yes; with the Clerk of Representatives—that is recpnred by law—itemized. 

Q. In what way did yon si)end the money, thnuigh individuals or organiza¬ 
tions?—A. Through organizations; perhaps a few small items through individ¬ 
uals for general campaign puri»oses but a very negligible amount that way. 

Q. You conducted a joint campaign with Di’. Campbell, the contestant?—A. 
I'es; throughout the district; si)oke, I believe, three joint discussions in the 
district, as well as I recall. 

State whether or not, during the campaign and this joint debate, if Dr. 
Campbell ever made any complaint that you did not fairly and scpiarely discuss 
the issues of the day?—A. None vchatever; we had a very agreeable campaign 
and discussf'd the issues between the two pai’ties in a very agreeable manner. 

Q. There has been considerable testimony with respect to what is known as 
the Harding picture; state whether or not you or anyone at your instance ever 
had anything to do with the circulation of that picture; whether or not you 
used it in any way in your campaign?—A. I did not and had nothing to do 
whatever with its origin, circulation, or distribution in any manner; in fact, 
I never knew it was circulated during the campaign. I was over the district 
three times, I think, over the entire district and over parts more frequently. I 
saw one of those pictures and only one on the day that Dr. Campbell and I had 
a joint discussion in Scottville, Ashe County. I saw it on a storehouse and 
recognized it as the picture of Senator Harding, and also Willis, with whom I 
had served in Co)igress, and who was candidate for the Senate, and saw some 
other i)ictures looked like colored men, but the people did not seem to be paying 
any attention to it; and that is the only one I saw and only one I ever heard 
of until I received Dr. Campbeirs notice of contest and very greatly to my 
surprise this j)i('ture was attached to the notice as an exhibit and that is the 
extent of my knowledge up to that time of the Harding picture. 

Q. State whether or not you had any sort of connection with what is known 
as the Negro woman circular letter?—A. I did not; and saw, I think, two of those 
circulars—that was before the campaign—and I saw them both in this county. 
That was before the joint cami)aign began, and I did not know from where they 
had their origin ; had no idea then or now ; have no information whatever, and 
I declined to have anything to do with the circular or use of the circular 
letter in any way. P''act is I never have approved of anonymous communications 
as methods of conducting a campaign. 

Q. In your discussions of the issues of the campaign did you use the subject 
matters treated in that letter?—A. Did not refer to it in any way. I think it 
would have prejudiced my (*ause if I had, but I would not have done so if I 
had known it would have helj)ed me unless I had known from whence it came. 

Q. Over in Ire<lell County the contestant, under the protest of the contestee, 
introduced a paper puriKU'ting to be tbe Harding family tree. State whether 
or not you had anything to do with the origin, circulation, publication, or 
distribution of that paper in any wa.v.—A. I diet not; first time I had ever 
heard in North Carolina of the family-tree matter. First time I had ever 
seen one of those documents, and I was surprised and astounded at its pre¬ 
sentation and being offered in evidence. It was the first knowledge I had 
of it; I had never heard Harding’s lineage or blood reflected upon in North 
Carolina ; during the entire campaign I never saw any of the family trees and 
had not heard the matter mentioned. 

Q. Did you ever see anything about it in the newspapers in this State?—A. I 
did not. 

(}. And through your counsel you ])rotested against it l)eing introduced in 
this record?—A. Yes; vehemently; I think a great injustice was done Mi\ 
Harding in the manner in which that was handled. I feel that way about it. 

Q. State whether or not in your campaign you ever reflected- in any way 
on the character of ^Ir. Harcling as'an American citizen.—A. On the con¬ 
trary. I said should he be elected as President I would consider him my 
ITesident, and that I should feel it my ])atriotic duty to support his admiii- 


CAMPBELL VS. DOUGHTON. 


1135 


iijtratioii as far as I could, and if I jiot to the place where I could not cooperate 
1 would always re,i;ai'd him as President of the United States and regard him 
with the courtesy the l*resident of the United States was entitled to, and feel 
that way about it now. 

Q. ilr. Doughton, there has been some testimony introduced in these hearings 
about the application of the literacy test prescribed by the constitution by tlie 
election (tdicers throughout the State. State what information you have and 
what opinions you have bascnl uixai that information.—A. Well, the literacy 
test is re(iuired by the constitution of the State; the matter was agitated (piite 
an extent during the campaign, and it seems from the evidence that has been 
prodiH'ed in these hearings that there was no uniform system in regard to 
the api)lication of that test oi- a<lministration of the constitution in that respect; 
that the enfranchisement of the women at so late an hour brought to the voting 
l)opulation of the State so large a number of people that the registrars anti 
election otlicials were at a i-eal loss to know how to discharge their duties; 
some mentioned it to me; a few during the i)rogress of the campaign, and 1 
stat(‘d that it would be highly imi)roper for me to advise or suggest how they 
'Should control the condition and that the law should be applied to white peo])le 
as (‘haritable as ixtssible; that I would be glad to see all the white people 
voted if that could be done consistent with the law, but there was one thing 
I would insist on, and that was in its application "and administration that there 
should be no discidmination ; that the same test should be applied to applicants 
from both parties. With the information I have there were only a few coun¬ 
ties in which that test was applied and laxly in most places where it was 
applied. In my own county it was a])p]ied very mildly, if at all; In Ashe 
County I thiidv it was applied more generally in this county than any other 
in the district; Wautauga, my information is. it was not applied at all; in 
Caldwell, Iredell, and Rowana little, if any, and I have no information as to 
Cabarrus, as we have had no hearing there, and it has been testified, I believe, 
that it was not applied in this county; and if so, jiot with much diligence. 
There has been some evidence of threats and violence being used against the 
election otlicials if they did ai)ply to that test. 

(^. Largely where did those generally come from?—A. From the best infor¬ 
mation I have the greater amount of dissatisfaction in connection with the 
administration of the election law was in regard to the literacy tests; it was 
insisted on by some—I think many of the Republican ladies—that the literacy 
test should be ignored entirely and that those in charge of the registration 
or the management of the registration work have every voter registered, and 
those who desired to be registered should insist and demand that they be 
registered regardless of their ability to comply with the (lualilications. I think 
Dr. Cami)bell, in his speech ovei' in Ii-edell County, made more than one. I 
think, but that is the only county in which he referred to the matter in that 
way. He insisted that all white peoj)le should be registered and should be 
brought forward and demand their i-egistration. I think the demand at first 
given that they go and demand that they be registered and the impression made 
upon the mimls of the people- 

(Contestant objects to the impression.) 

A. (Continued.) It has been sliown in the testimony, and I have other 
knowledge^ on which I base the statement, that in some parts of the district 
registrars were assaulted because they <leclined to register registrants or 
applicants who could not or who declined to meet the requirement, and I have 
no doubt bu these' assaults were brought (*n l)ecause these people had been 
urgt'd to go and demand I’egisti'ation. 

(Contestant objects to >\'hat he thinks.) 

A. That statement is based upon information received from registrars and 
testimony given in these hearings ; not guesswork with me. 

(Contestant objects to what has been given in hearings, as it is a matter 
of recoi'd.) 

(). Did these threats oi- assaults come from Democrats or Republicans?—A. 
Thei-e has been no testimony as to any trouble by Democrats; from what 
information I have and all the testimony that has been given it shows it 
was entii’ely from Re])ublicans. 

(). If the literacy test had been reasonably ai)plied throughout the entire 
district without discrimination, what etfect would it have' had upon your 
majority?—A. That could only be an opinion based upon my general knowledge 
of the political conditions in the district, and my convictions upon that matter 
is mv majoritv would have been—I speak conservatively—it would have been 



1136 


CAMPBELL VS. DOUGHTON. 


at least double what it is. I feel that wa.v about it. and that is a (•oiiservati\e 
statement that it would have been at least double, but I stated in niy answev 
to Dr. (';iin])beirs (‘oin))laint I had no desii’e to yo Ix'hind the election ivturns 
ami have them aujiinented on that account. 

Q. You were faiidy well acquainted with the election (hhcials throu.uiiout 
the district, were you not?—A. T do not know ])ersonally a ^reat number of 
them. I know them when I see them, but outside of the mountain counties 1 
only have a jteneral ac(iuaintance with them. 

(J. From your knowlediLie and observation of them what is your opinion as 
to their general character, and standing’ throu.uhout the distinct, these election 
otticialsV—A. Well, my oi»inion and my knowled.ite, with those with whom I am 
acquainted are hiith-class men as ji'ood citizens as we have in the district and 
State if we could not hold a fair election with the men of the class who com¬ 
posed our election otticials 1 do not see how we could hold a fair election at 
all. 

(L They did a very noble and patriotic service for practically no compensa¬ 
tion?—A. They do and a very thankless service also. 

Q. Are there any other matters in connection with this canqiai.un which yoit 
would like to speak about?—A. T think not. 

Mr. G. D. B. RP:YX()LDS testitied as follows: 

Direct examination by Mr. T. AV. Bickett: 

(}. Where do you live?—A. Tu Albemarle. 

(L How loiiir Imve you lived in this <-(mnty?—A. I o])ened an office here 
.Tanuary 8, 1910. 

(}. You are a lawyer?—A. A'es. 

(,). And I believe in 1912 you weiv lle])ublican nondnee for ('on.aress in this 
district?—A. Yes. 

(). You had a .joint cam])ai,ii'n with Air. Dou.ahton tliat yeai‘?—A. T did. 

(). And a very pleasant experience?—A. Yes; very i)leas:nit indeed on my 
part. I never knew of anythinji’ different. 

Q. You are still a Republican, Mi-. Reynolds?—A. Yes. 

(y T show you a circidar i)rinted cii'culai’ si,itned by S. Sa])]), who is .1. S. 
Sapp?—A. AVhy he is a citizen of Stanly County, lives at Badin and chairman 
of file Republican executive committee of the county. 

i}. T assume you saw that in aeimral circulation around here durinj>: the 
campaijiii?—A. They were distributed jirior to Ala.v 1 for the jiurpose of .u'et- 
tin,^ oui- men to pay their jioll tax. 

llKPl’m.K'ANS TAKE .XOTH'E AXI) ACT AT ONCE. 

Pay your poll tax at once, for if you do not pay it on oi- before the first day 
of Alay, you can not vote in the comin.u- election, and see to it that your poll tax 
is char.ued to you on your tax receipt and paid. 

TO THOSE WHO HAVE PAH) THEIP POLL TAX .VXD H-VVE KEC'ETFfS. 

If you are within the poll-tax a^e look on your tax receipts and see that your 
I)oll tax has been cbar,ued a^tainst you on your receipt, ami, if it is not, come 
at once to Albemarle and have it in.serted on your tax receipt and pay it that 
you may be (pmlitied to vote. Errors of this kind occur every year. All .soldier 
boys have been exemi»t from j^oll tax for the year 1919. 

.T. S. Sapp, 

(liainiian Repuhlicau Executive Committee. 

Q. Air. Reynolds I hand you contestee's exhibit in Stanly County No. 4 and ask 
you to look at that. Was that .aenerally distributed throughout the county?— 
A. I can only ,uive as far as my knowled.Lje of it jtoes. It was distributed 
juT'tty .aenerally throuahout western jiart of the (‘ouiity but T ])rotested aaainst 
it bebi.a distributed in some sections of the county and understand it was not 
distributed so far as Badin is concerned and Albemarle. 

(}. It emanated from Republican sources in this county?—A. It did in re])ly 
to Ne.aro propa.ai^nda that had been circulated by the Democi-ati(‘ Party. 

(). It was sort of a rei)ly to the Hardina i)icture?—A. It was my uiiderstand- 
ina about it, the Hardin.a picture and also a Woman's Riahts Association letter: 
it was a sort of reply to both and used for that i)urpose. 

(Conlestee offers Exhibit No. 4 headed “A Niaaer Teacher.*') 


CAMPBELL VS. D()UGHT(^N. 


1137 


A NIGGEK TEA('liEU. ; 

Jiliiinie ('ox taiiirlit a Xe.iiro iii.ii'lit school in the Titus school district in Ohio, 
when lu' was a yoiinjn- man. Proof: See the Literary Di.irest of July 24, 1020, 
I)a.ue 44, column 2. 

The i)ictorial edition of The P>adin Tribune, which was distributed upon the 
streets of Alhema.i-le Satui'day ni;j;ht was (A'idently done by .irraduates of this 
school. 

(’ome on Democi’ats with your “ Nifi’fier ” yarns. 

(}. Mr. Reynolds 1 hand you another paper and ask you to look over it and 
see if you saw that, headed “ Secretary McAdoo sliows the love of the Democrats 
have for the ni.ii’jiei"’*V—A. Yes: I saw it. 

(}. Was that ciiaadated in this county by the Republicans?—A. iNty best im- 
l)ression is it was perhai)s not to as much extent as the other; <aie was more 
more circulated than the other. 

(L IRit it emanated from the Republican oi’jianization here?—A. I am not 
l)ositive; T was out of town at the time this was j?otten out. 

C>. You do not think the Democrats ;^ot it out?—A. You asked me if the 
or.uanization here. 

Q. The Reiaihlicans in the county jrot it out?—A. T don't know about that; 
it ndjiht have been .ijotten out by some other orjjanization. 

i}. Hut was use<l by the Republicans in the county?—A. iMy recollection 
was, hut T do not know what extent; I made a little drive niyself and took 
some of tlie.se alonji; and circidated them, and it was used for the same purpose—■ 
to counteract the effect of the Democratic propaj?anda. 

(('ontestee offers Exhibit No. 5. headed “ Secretary McAdoo shows the love 
the Democrats have for the Ne,HToes.”) 

SECKETAllY m'aDOO SHOWS THE LOVE THE UEMOCllATS HAVE FOR THE “ XTGGER.” 

He promoted James Johnson, a full-blooded “ niji'.uer." over Mrs. Albert 
(Jwaler. a lifetime Democi-at. and who had held a position in the Treasury 
Depai-tment for Id years. This “ ni^u'^er ” had supervision over white men 
and women. Mi's. (Jwaler had an invalid husband and was the only support 
of the family. 

This was probably anotlau- of ('ox's students—by telegraph. 

(). Mr. Reynolds. Dr. ('ampbell commenced thinkinu' about th's contest as 
soon as the election was over, didn’t he? 

((’ontestant objects to the foian of the que.stion.) 

(L Didn't he speak to you about haviniic a contest immediately after the elec¬ 
tion. about that time?—A. Why. I heard him say soinethinji' about a contest. 

(L What was it he said?—A. Well, the only remark T ever heal’d him make 
aliour it was about the day the conva.'<sinf»- board met here, some two or three 
days after ele(‘tion. 

(}. Of course, we don't want to embarrass you in any way. and we under- 
staml you are not testifyin^^ as a volunteer witness for us in this matter, but 
we want you to tell us just what Dr. Oami»hell .said'?—A. I will ,uive you, as 
nearly as I can, and I will say this before I ,uive the statement, the only 
statement 1 heard made; 1 do not know how you .irot hold of it. but the only 
statement I heard made by (’ampbell was in the jury room in the courthouse, 
a i^reat crowd of fellows in there, all with political excitement, you know, 
some rejoicing' ovei’ the Nation and so on, 

(L Sorry over the defeat in the district?—A. We had not adhered to that 
point. 

Q. What was said?—A. What was said was said in the heat of conditions 
sui’roundin.i;, and T>r. (’amiiliell said .somethinii like this; “I believe yet that 
T was elected and that with the unfairness that had been reported in the dis 
trict, and I believe with the irrejiularit’es. and if he was in votes of it 

he was jtoinii; to contest because of the fact he believed that if he were in 
LdtM) votes of the retui’u made by the canvassinj? board that he would be 
elected, that he need show only bOO irregularities. I think he had in mind 
the county here, of course, we did not know about the di.strict and that he 
could be seated on that. That is, in substance, what he said, and T will say 
ajrain that was said in the heat of the occasion. 

Let me refi’e.sh your recollection; we are on the same trail; didn’t he 
put it this way: That’if the retui’iis showed he was within 1,(X)0 votes of beinj? 




1138 


CAMPBELL VS. DOUGHTOX. 


elected tliat he l)elieved he coidd sliow .lOO irreiiiihir votes, and then the eoin- 
inittee in (’onj-Tess wonld, upon that showing, unseat iNIr. DoughtonV—A. In 
substance that was it. That is. in substance, of what I said a while ago. There 
is no human being that can tell the words that passed ; I would not attempt to 
because .vou know at that time I did not think about it. di<l not think T would 
be called ni)on about it, but I heard the remark and guess others heard it. 

Cross-examination l)y Mr, I. R. Buklkson : 

(,). You stated to the governoi' that r)r. Campbell made the remark he 
thought there was 500 in Stanly County?—A. Yes; that is what he was going 
on, because we knew nothing of the other part of the district. 

Q. I will ask you if the report had not come in that was not denied by the 
Democi’ats. that there was something like 500 in Big Lick and Furr deprived 
of the right to vote at that time?—A. It was, and 1 do not know that it has 
been denied yet. 

(J. I ask you if, on election day, somewhere about 12 o’clock, if a delegation 
<lid not come to you in Albemarle from Furr and Big Lick Townships, asking 
for some relief and counsel to get relief about voting out there? 

(Contestee objects to the question, as we have not asked this witness any¬ 
thing in the world about that subject, and the contestant has already intro¬ 
duced witnesses about that.) 

A, They did; it was before 12 o’clock from Furr and about 12 o’clock from 
Big Lick. 

Q. State to the court what was the complaints from those two townships.— 
A. They said that they could not all vote, and folks said they had timed the 
Democratic registrar and on one occasion it took him 27 minutes to tind a 
lady’s name that he had put on there himself. 

Q. 'Which township was that?—A. iVIy I'ecollection is it was Big Lick. 

ii. State if the information was at other times it took about how long to 
vote the electors.—A. Anywhere from 8 to 15 minutes was what was reporte^l 
to me, 

Q. State if all the Republicans in both of those townships voted in that 
election ? 

(The contestee ol)jects on the ground that the witness lias shown he had no 
knowledge of it except from hearsay.) 

A. My information. Mr. Burleson, is they did not vote; of course, I do not 
know of my own knowledge. 

Q. I ask you, Mr. Reynolds, if the information pertaining to the 500 that 
Dr. Campbell spoke of was not from the two townsliiiis Big Lick and Furr, in 
Stanly County?—A. INIy understanding it was; that is the only information 
xve had at the time. 

Q. What Dr. Canqibell said was if the iri'egularities over the district were 
ns in Stanly County be would contest?—^A. He said, in substance, what I said. 
Df course, 1 said he had no information from the other comities at the time. 

Q. T believe you stated to Gov. Bickett tliat Dr. Campbell said if IMr. 
Dougliton’s majority were not more than l.(Mk). with the 5(K) that he already 
knew of in Stanly, he would contest, or something to that substance?—A, Well, 
it was something like unto that. 

Q. In substance tliat is what lie was talking about?—A. Yes; in substance. 

(}. IMr. Reynolds. I show you Plxhibit No. 8; state if you know whether or 
not r>r. Campbell had anything to do in getting that circular out?—A. No; 
lie did not have a thing to do with it; I wrote it myself. 

Q. State if Dr. Camiibell authorized you to get that out?—A, No; I talked 
to Sapp about the advisability of getting out a circular and he told me to go 
ahead and do it. I did it because we wanted our jiolls ]iaid and stated then 
that 1 wanted all who had iiaid their poll tax to see that it was on it, as 
heretofore there had been errors. 

Q. I show you Exhibit No. -1; state if you know whether or not Dr. (''amiibell 
had anything to do with getting out that circular.—A. Don’t think he did. 
]\Iy recollection is that that circular was gotten out on IMonday morning 
before the election and we wired to the Literary Digest for that information, 
not being able to tind it in the Idterary Digest, and obtained it on Sunday 
morning before the election, I believe. Any way, that was gotten out and Dr. 
(’ampbell was not in town and did not know anything about it; in fact, very 
few did know anything until it was circulated. 

Q. Yhm told the governor that this was gotten out in rebuttal to the Negro 
circular letter gotten out by the Democrats prior to this time?-r-A, Yes; I 
said so then, and I say so now. 


CAMPBELL VS. DOUGHTOX. 


1139 


^ Q. State if any of those letters yon know were mailed to Albemarle—the 
NeA’ro letter i^otten out hy the Democrats.—A. I know one was mailed to 
Albemarle. 

Q. Who was it mailed to?—A. ]Mi-s. Lanra Drye. 

(i. Who is Mrs. Drye?—A. She is (t. Drye’s wife. 

Q. Is Mr. and Mrs. G. ]M. Drye liepuhlicans or Democrats?—A. They are 
Kepuhlicans. 

Q. State if Ttlrs. Lanra Drye is known in this town as INIrs. Laura Drye or 
Mrs. G. M. Drye.—A. I know her as Mi’s. Drye. 

Q. How near do you live to INIi'S. Drye?—A. Seventy feet. 

Is she generally known as ]Mrs. Laura Drye in this town?—A. I don’t 
know. 

(}. I ask you if whoever mailed her that circular was familiar with the rec¬ 
ords of the town of Albemarle, in your opinion, hy knowing her name?-—A. 
1 don’t reckon my opinion would he woi-th anytliing, hut my oi)inion is that 
they knew something about Albemarle; in fact, my opinion has always been 
it was gotten out here in Albemarle. 

(y ]Mrs. Laura Drye is a respectable white lady in this town?—A, She is a 
respectable lady in any town. 

i]. I ask you if there is a single colored woman in the town of Alhemai-le hy 
the name of Drye?—A. I don’t know of any, but there may be. 

Q. I ask you further if th s Negro Teacher was not taken fro mthe New York 
W(n'ld, a leading Democratic newspaper? 

((’ontestee objects to this unlimited examination of this witness on matters 
wholly irrevelent to anything that has been testified to, on the ground th.-it it 
is palatable of an attem])t on the part of the contestant to consume our time 
and prevent us fi’om putting our witnesses on the stand.) 

The AVitness. No; we took it from the Literary Digest; it is my understand¬ 
ing the Literary Digest got it from the New York AVorld. 

(y And that is a leading Democj'atic paper?—A. Yes. 

(>. Do you know wlndher Dr. (’amphell used any of these circulars or advo¬ 
cated the use of them in any way?—A. I have no knowledge of it if he did. 

(y I show you Exhibit No. o; state if you know whether or not Dr. Campbell 
had anything to do with getting out this circular or used it in any way.—A. 
IMy best impression is he did not, as I stated to Gov, Bickett. I was not present 
when that was gotten out. 

Redirect examination : 

Q, Air. Reynolds, so far as you know. Dr. (’amphell had just as much to do 
with getting out these circulais as Air. Doughton had in getting out the Hard¬ 
ing picture?—A. Yes; he certainly did; I don't think either had finything to 
do with either. 

Q. Air. Doughton had nothing to do with this negro business'/—A. I personally 
don’t think either had a thing to do with it. I had rather not had anything 
to do with it myself, but the issue was forced on me. 

(y After all the cross-examination of Air. Burleson, what you said with re- 
spect to the remark made by Di-. (’amphell the day after election you did not 
intend to change tlie substance of what you said in your direct examination 
about the matter?—A. No; that is the truth about it. Dr. Campbell would not 
want me to change it. 

(y It appears that out in Furr Township they actually voted CoO voters there 
that day, from the records. How many votes a minute is that according to the 
time in’which they had to cast them? Little over one a minute, isn’t if?—A. 
A>s; I reckon it is. 

Recross-exaniination: 

(y Air. Reynolds, do you know tliat in some places, in the strongest Demo¬ 
crat i)recincts, they voted more than that a minute?—A. I timed them down at 
South Albemarle and they were voting betwi'en three and four a minute; was 
surprising to me. 

(y At South Albemarle at that fine the door was crowded and as fast as 
one would get in another was at the door'?—A. Yes. 

Air. R. YV. SIAIBSON testified as follows; 

Direct examination by Air. (A. .1, Sikes; 

(y Y^our name is R. AV. Simpson?—A. Y>s. 

(y AVhere do you live?—A. At Locust, Furr Township. 


1140 


CAMPBELL VS. DOUGHTON. 


Q. You are a (iiialitied voter out tliereV—A. Yes. 

(}. Did you vote in the last eleetiou, Xoveniber 2, B)2dV—*V. Y"es. 

(^, How louji' were you at the i>oIls on that day?—A. Practically all day. 

(X Well, was there any unnecessary delay there in the vcdinj*’; if so go ahead 
ami tell us how it was?—A. Yes, sii-. 

(i. W'hat was it due to?-—^A. There was a large crowd there, and the door that 
we let them in at was crowded full all the titme and a str.ng of people for 
possibly 80 or 40 feet hack just lilled in there all the time. 

(X You are a Democrat?-—A, Yes. 

(X Was the ci'owd composed of Denioci'ats mostly oi‘ Repuhlicans?—Mostl.v 
Itepuhlicans. 

(). Was any partiality shown there as you saw, trying to keep the Republi¬ 
cans from voting than Deinoci-ats?—A. I d (1 not see it if there was. 

(J. A\’hat time did the voting begin, what time did the polls open?—A. To the 
best of my i-ecollection they were about 80 minutes late in opening. 

ii. Do you know what time that train comes in from (’harlott(\ the Morfolk 
A Southeiai. that moiaiing train?—A. I don’t know as I do. 

Q. The polls were oi)en befoi-e that t’/a.n got there?—A. I think it was. 

:\ri-. ADAAI RARKKE testified as follows: 

Direct examination by Air. (). .1. Sikhs: 

(X Your name is A. D. Barbee?—A. Yes. 

Q. AYhere do you live?—A. Furr Township. 

(}. You are a (pialilied voter there?—A. Yes. 

(J. Did you vote in the last November election?—A. Yes. 

Q, Flow long were you at the jiolls that day?-—A. Off and on from about 9.80 
until nigbt, and then I was thei'e until the votes were counted. 

(F State whether or not the Democrats there, whether or not you saw the 
Democrats unnecessarily hindering or preventing the Ttepublicans from vot¬ 
ing?—A. I did not. 

(}. Was there much of a crowd?-—A. Yes; the back door was crowded bad. 

(). Who was doing the crowding, mostly Republicans or Democrats?—A. 
Well, it was mostly Republicans. 

(F About what proiiortion would you say?—A. Well, two-thirds, or something 
like til at. maybe. 

(F You said the crowd at the back door; state whether or not that is the door 
they entered to vote?—A. Yes; that is the one they come in. 

(F Where was the election being held?—A. In Tink FTuneycutt's store. 

(F AY ere you there when the voting began?—A. No; I did not get there until 
about 9.80. 

(’ross-examiuation by Air. (4, D. B. Rkyxoi.ds : 

(F There are a great many more Republicans in Furr than Democrats?—A. 
Yes. 

(F The iiroportion of the ones ci-owding at the back door were just about in 
pi-oportion to the vote there?—A. Something near it, I sui)j)ose. 

Q, Did you vote?—A. l>s, 

Air. R. AAF STAIPSON, recalled, testified as follows: 

Direct examination by AIi*. (). J. Sikes: 

(F Air. Sim])son, did you hear any remarks made b.v anyone on the day (*f 
eh'ction suggesting that an efi'ort be imnle to keei> the voters out? If so, what?— 
.\. A'es ; in the afternoon, T don't remember the houi', I went around to the back 
door. 

(F That is the door whei'e they entered to vote?—A. Yes. I heard some one 
just to my left use this language: “ Keej) tlie damned Democrats out.” I don’t 
know who it was; just heard the remark. 

(F Ah)U don't know whether it was a Democrat or Republican?—A. No; I 
could not tell you who it was. 

<F Do you know whether or not a .good man.v Democrats went there to vote 
and did not get to vote?—A. I have heard several say they did not get to vote. 

(F Democi'ats?—A. Yes. , 

(’ro.ss-examination by Air. (4. D, B. Reynolds: 

(('ontestant objects to the witness relative to what he heard on the ground 
he could not identify or see the person making the remark.) 


CAMPBELL VS. DOUGHTON. 


1141 


Redirect examination : 

Q. At the time yon lieard the remark, state whether or not there was a 
iHi;- crowd around the hack doorV—A. Yes: a larue crowd jammed in like sar¬ 
dines 111 a can almost. 

i}. Do yon know whether theri^ were many Democrats around there at the 
time or notV—A. I do not. 


Cro.ss-examination hy Mr. (}. D. H. Reynold.s : 

(j. They were standin.u- there as Iteii'.uars at the door Avaitin.u- to he admitted 
into the polls to cast their hallotV—A. Tliey were tryin.y to .yet in 

And they were heiny deprived of that privileye?—A.'^I think thev were 
de])riviny each other. 

(L Answer my question; they w’ere deprived of that privileye?—A. They did 
not yet in. .some of them, I understand. 

(). And a larye nnmher did not yet in. too?—A. Quite a nnmher. 

Redirect examination : 

(L Now' yon can explain w'hy they did not yet in?—A. They were just packed 
np there .so they could not yet in. 

Q. Crowdiny one another?—A. Y’es ; I took tlie deputy sheriff around there 
to scatter the crowxl out once or twice dnriny the day. 

Q. ]Mr. Simpson, if they had not crowded each other there and have gone 
there to vote in an orderly manner, state whether or not in your opinion more 
conld have voted than did vote?—A. I think they conld ; am .sure of it. 

(Contestant objects.) 


^Ir. E. T. HUNEY'CUTT testified as follow’s: 

Direct examination hy Mr. O. J. Sikes: 

(). You w'ere a qualified voter in Furr?—A. l"e.s. 

(L This election last Novemher wais held in your store?—A. Yes. 

(L Mr. Huneycutt, w'ere you there when the election heyan?—A. IVs. 

Q. Do you know' about wliat time it was?—A. Not just exactly; it might have 
been 30 or less minutes later than the usual hour. 

Q. AYhat sort of building w'as that in w'hich they held the election?—A. Store 
building. 

i). Was it dark and rainy that day?—A. l>s. 

(}. How' was the light in the building there w^here they had the books?— 
A. AVell, it done fairly well considering the front w'indow' and glass had been 
knocked out and I had a plank over to keep the rain from lilow'iny it, hut there 
W'as a w'indow' in the rear over the door. 

(>. It W'as so dark they had to have a lamp part of the time, didn't they?— 
A. .Just a little w'hile. 

(b AVhy did they have the lamp?-—A. I don't know'; the little old lamp did 
not give any light scarcely. 

(}. Well, it W'as rather dark in there?—A. Of course it w'as rather dark. 

Q, Did you see large crow'ds there at the front door?—A. At the rear door; 
yes, sir; they .stood there 40 double nearly. 

Q. Mr. Huneycutt. if they had not crowded so and voted in an orderly manner 
state w'hether or not you thiid'C they could have voted any more than w'ere 
voted —A. I sure do. 

(('ontestant objects to an opinion.) 

(). Who did most of that crowdiny. Democrats or Republicans'?—A. llepubli- 
cans, because two-thirds of them l)ack there or over w'ere—a good many of them 
that voted w'ent out at the front and w'ent hack there and pushed and .shoved 
tlH'i-e until the ])olls clo.sed that night. That man John M'aters w'as one; he 
w'ould i)ush until he w'ould yet uj) to the door and wmuld fall hack and push 
again, liecau.se- I w^alked hack to the door .several times and looked over the 
crow'd there, 

Q. Mr. Huneycutt, state w'hether oi* not any of the Democratic election ollic'als 
did anything to unnecessarily delay the voting?—A. Not a thing that T could see. 

Q. You W'ere there practically all day'?—A. I w'as there all day and all night, 
hecau.se I could not aff'oi'd to give up my building, my store fixtures, w'ithout 
me staying thei*e; and one of my show cases w'as crushed that night; .some 
gentleman or rascal got up on the counter and stamped through the top of it; 

I would not have had it done for $L5. 

(^. You spoke about Walters, is he a Democrat or Republican?—A. He is a 
Republican, 


1142 


CAMPBELL VS. DOUGHTON. 


Cross-examination by ]\Ir. Bukleson : 

ti. I want yon to name bow many was connected with the election held at 

Stanfield November 2?-A. Bay Sossman. rej^istrar; Hatlicock. 

(J. What Hatlicock?—A. Dan Hatlicock. 

(^). He was a Republican?—A. Yes. 

What capacity was be serving-?—A. Judge. 

Go ahead and give the next one?—A. Grady Green. 

What was lie serving in?—A. Judge. 

Who was the next one?—A. ('lande Smith. 

Q. What (‘apacity was he serving in?—A. He was keeping a record. 

(,). Any other?—A. I don't know as there was more than Miss Hnneycntt 
was heljiing the registrar a little some, hnnthig np the names. 

{}. What Hnneycntt?—A. Miss Edna. 

(y ^\’el•el^t yon in there, helping*.''—A. I was in there, but I was not helping, 
(h What were yon doing in there*.''—A. T had a ]ierfect right in there, sir. 

(2. 1 am not asking about that; I am asking what yon were doing*?—A. Well, 
I was there because the building belonged to me. 

(). Was 1>. iM. Dry in there helping put tickets in the box?—A. No. 

Q. Did yon see him there during the day helping with the election*?—A. Did 
not see him helping a bit with the election. 

Q. Will yon swear he was not there helping in any way*?—A. If he was in 
there. I was out. 

Q- ^o yon did not stay in there all the time?—A. Not all the time; I went 
out to get me a lunch at noon. 

What was iMr. Simpson doing in there; he said he Avas in there*?—A. He 
was sitting on the connter. 

Q. So thev allowed von and iMr. Simpson, and yon are both Democrats?—A. 
Yes. ' ' • 

(y Kay Sossman. (Mande Smith, Grady Green, and iMiss Edna Hnneycaitt, Mr. 
Simiison, all of yon are Democrats?—A. Yes. 

(h And yon were all allowed around the box, off and on. during the day?—A. 
Not around the box. 

(^. Where were yon then ; yon were Avithin 40 feet of the liox*?—A. I reckon. 

(,). It Avas not rojted off?—A. No. 

(h And all in the same building?—A. Yes. 

(y Tell me hoAv many Republicans Avas in there helping, Avith the exceiition of 
Dan Hatlicock, the Republican .indge*?—A. There Avere seA’eral around in there. 
ii. Who AA'ere they*?—A. Rant Tnckei'. 

(p What Avas he doing?—A. He Avas in there. 

(\). What Avas he doing'?—A. He Avas sitting there on the connter. 

Q. Hoav long did he stay?—A. Couple of hours or more. 

(,). Was yon in there at the time Miss Edna Avent to the door and called ont a 
list of names?—A. T Avas in ; if she Avent to the door and called them ont, I 
did not hear it. 

(p Bnt she did stay in there all day*?^—A. No; she did not. 

(). About Avhat part of the day diil she stay in there? —A. Well, she come in 
there at 10..SO or 11 o'clock and stayed until in the eA^ening. 

(y At the time the iiolls 0])ened. Avas there anybody there ready to vote?- —^A. 
Great scott. AvheneA'ei' I oi)ened the door the house AA’as croAvded Avith Repnb- 
licans in one minnte until yon conld not turn aronnd in there. 

(h Noav that Avas before they comnumced to vote*? —A. Yes. Well, they AA’ere 
not alloAA'ed to A'ote until the house Ava-S cleared ont. and let them (‘ome in and 
pass thi-ongh. 

(}. They all Avent ont. then? —A. They Avere mighty hard to get ont. 

(L T am asking yon the question if they all Avent ont? —A. They all Avent ont 
later on; they Avere mighty hard to get ont; that consnmed a little time right 
on the start. 

i}. Did R. W. Simpson go ont?—A. I did not knoAV that he Avas in there. 

Q. He did come in later?—A. Yes. 

(,). Noav, Avhat time did the polls open; was it before or after the train Avent 
north*?—A. It Avas before that train Avent north.* 

(h Yon ai-e jiositive about that? —A. I knoAV it; that train is due there 7.S0 or 
<S, and the polls Avere ojAen then. 

(^. Do yon knoAv anything about tlu'ir having to go after the registrar, Mr. 
Sossman?—A. Not a thing. 

Q. Yon AA^ere not there then?—A. Who Avent after him; yon knoAV it better 
than I do. 



CAMPBELL YS. DOUGHTOX. 1143 ^ 

\()ii swear tliat nobody went after the rejiistrar that niorning*^—A No¬ 
body went after liiin at all. 

Q. Do yon sweai- that, and yon want it to go in the record that no one went 
after Sossinan that niorning becanse he was so late getting there?—A. Nobody 
did not go after him, I told yon. 

(-}. ^Ir. Hnne.vcntt, I ask yon if there was not a box of tickets left in yonr 
store which were not voted that the lieiaiblicans put in there and yon refused 
to let them have them afterwai’ds?—A. The.v said there was a few tickets in 
there. 

(}. belonged to the Republicans?—A. I don’t know who they belonged to. 

(^ I ask yon if yon did not refuse to let them have them?—A. I snre did^ 
becanse simply for this reason, I liad gone to Stanfield to go away and I did 
not have my keys np there and I was not going to risk anybody with them kevs 
to go in my l)nilding. 

(^. \on have those tickets yet?—A. There are tickets in there scattered over 
tlie floor. 

(}. The tickets were put in the box that you were asked to return?—A. They 
are scattered over the floor np there. 

Redirect examination : 

(}. iMi-. Hnneycntt. yon said awhile ago that Tucker was in the building; 
now, he is a Republican?—A. Yes. 

(^. Did yon see .Tames Truce also in there?—A. Yes. 

Q. M’as he a Rei)nblican?—A. Y’es. 

ii. What was he doing in there?—A. .Tnst laying around in there. 
i}. Take the other fellows?—A. Y>s. 

(). Did yon see .Tohn Teeter?—A. Yes. 

(L Was he in there?—A. Yes. 

(). What was he doing in there?—A. .Tnst I'oving around like the rest. 
ii. And he was Republican?—A. Yes. 

(2. T>id yon see Dan Treece in there?—A. Y"es. 

(L What was he doing;?—A. Sitting on the counter. 

(T. Was he a Rei)nblican?—A. Yes. 

(}. How long did they stay in there?—A. T can’t say how long; nobody was 
allowed to vote unless they come in at the back door, and they would come in 
at the fi-ont and sit around in theiv on the counter, being it was raining: but 
the.v could not vote until they went around at the back, until down in the 
evening the.v gave the men GO years of age the privilege of coming in at the 
front and the women, but them under GO years of age had to come in at the 
rear. 

Q. These Republicans, state whetber or not they stayed in there about as long 
as the Democrats you mentioned?—A. Certainly. The next wiorning after the 
election there was a mail carrier on the rural route, he come in quite late in 
the eA'ening. Well, he said some told him he could not get in to vote at all : he 
said he went around to the rear door and said he got in in a couple of minutes; 
he said they scrouged him u]) to the door and he got to where he could slip 
one foot on the door sill and they gave him a lift and he caught to the door 
facing above the toj) of the door and the next one that moved he leaped over 
their head into the floor in the building, and be was not the only one that done 
that. 

Q. So they kinder lifted him up and let him down?—A. Y^es. 

Q. Was he a Democrat or Republican?—A. Well, he was a Republican. In 
my judgment he was going against a mighty good thing, because under the 
Rejmblican administration he was getting $700 for carrying the mail, and under 
the Democratic administration they had raised his wages to $1,400, and it would 
done him good ; if I had been him I would not have used the expression next 
moi'iiing about voting that he did. 

Ci-oss-examination by iMr. I. R. Burukson : 

(j. T believe you stated in the evening that the old men over GO and all ladies 
voted, regardless of politics?—A. Certainly they did. I told a good many 
Repuldicans; I said now you that ai-e GO can come in to vote at the front. 

(). So you did Tiave something to do with it in there?—A. Nothing more 
than that. 

Q. Well, you gave them the right to come in?—A. Well, after the judges 
.said so. 


1144 


CAMPBELL YS. DOUGHTOX. 


Mv. HUBKKT T.OVE t-estitied as follows: 

Direct ex.nniiiatioii hy ]Mr. O. J. Sikks: 

(}. Your name is Hubert Love?—A. Yes. 

You are a qualified voters iii Furr Towusbip?—A. Yes. 

Q. Did you vote in the last election, November 2, ItVJO?—A. Yes. 

Yv'ere .vou there when the polls oi)eued up?—A. No: I was not there when 
they opened. 

(F You don't know what time they oi)eued?—A. No; I saw Mr. Sossmau pass 
my home and the sun had not risen yet. 

(F The registrar?—A. Yes. 

(}. Hoav far do you live from thei-e?—A. About miles. 

How was be travelinu?—A. In a car. 

Q. Going toward Stanfield?—A. Y'es; I hollered for him to stop, and he di;l 
not stop. 

How long di<l you stay at the polls that day’'—A. T got there sometime 
about 8 or S..8d, and stayed until closing fine. 

(}. State whether or not you say any of the Democratic ottic'als doing any¬ 
thing that would needlessly hinder the voters?—A. 1 did not. 

M’ere they cr(>wded around the door’;'—A. Yes; sometimes. I supp(^se, 
thei-e were ltdd. 

(}. ^Yho was doing that mostly?—A. Figbty-tive or 1)0 per cent were Ue- 
l>nbl leans. 

(}. Did yon vote?—A. I did. 

Q. Do yon know whether or not many Dtmioci’ats were prevented from voting 
Avho went to vote?—A. Y^es. 

(}. About how many?—A. ^Yhy, (’harlie Pnr.ser Avas one. 

About how many in all?—A. I think around 40 or oO. 

W’ere they there to vote?—A. Yes. 

Q. State Avhether or not yon heard any threats made as to giving tronlde 
out there'?—A. I heard J. S. Sapp, chairman of the executive committee in 
Stanly (k)nnty. state to a number of Rei)nblicans that they had ought to have 
taken the election ofiicials out and beat the devil out of them; also heurd 
James Treece state, a Kei)nblican. not to talk about what ought to be done, but 
to talk about Avhat they Avere going to do, and referred to the election in 1014, 
Avhen they broke the election house doAvn at T.ocnst. 

(). Who broke it doAvn? —A. He said Ave. aial T guess he meant them Republi¬ 
cans; T Avas there, and that is Avho I thought done it. 

(F AYlien did you hear these statements made?—A. SomeAvbere in the after¬ 
noon around 8 o’clock. 

(L On election^ day ?—A. Yes. 

Q. Last election day?—A. Y"es; last election day. 

Q. Do you knoAV Avhether any of those Republicans Avho croAvded the door, 
Avhether they did after they had already voted?—A. I am not positiA^e; there 
were .some right in the door Avhen I Avas in there, and I saw them back there 
about tAvo hours later than that. 

(F Did they have an opportunity to vote Avhen they Avere doing this croAAM- 
ing?—A. They had. 

(}. Do you knoAv Mump Love?—xV. I do. 

(L Did you hear him make any statement about the time he Amted? —A. I 
heard him .say he came in on the train that morning jind they Avere A'oting Avhen 
lie got there. 

(}. How far Avas the election place in Huneycutt’s store from the depot?—A. 
x\bout 200 or 800 feet. 

i}. What time Avas the train due that he came in on?—A. xVbout 7..87 or 7.88. 

(}. Do you knoAV Avhether it Avas on time that morning?—A. I do not knoAV. 

If they had voted there in an orderly manner and not croAAaled as you 
state they did, state Avhether or not they could have voted more than they did 
A’ote?—A. I think they could if they had not been .so disorderly; it is not what 
I think—I saAV it. 

((Contestant objects to Avhat he thinks.) 

Q. Did yon see any of the Democratic election officials do anything out there 
h) delay the election?—A. I did not. 

(]. Did you hear any further statements made that day about any of the 
Republicans having any guns or anything of that sort?—xV. I did not that day, 
but have heard since. 

((Amtestant objects.) 


(WMPBELL VS. DOUGHTON. 


1145 


<>. What was tlie statement you heard?—A. I heard the Rei)ul)licans had 30 
jiuns, and would have cleaned tliem up that night; hut they knew they would 
only get a few of them, ])ut they would have cleaned them up that night. 
(Contestant objects.) 

(j. as it a Itei)uhlican or Democrat you heard make that statement?—A. 
.John \ow was the man told me; he was a Democrat; lie said a llepublicun told 
iiim. 

((’ontestant objects on the ground that it is heai’say.) 

( h’oss-examination by i\Ir. G. D. B. Reynolds: 

(>. ^ on stated, if I recall correctly, that others were ahead of you at the time 
you Went there to vote, and that tlie.v had not voted some time after that?— 
A. 1 did not sa.v that ; I said they were in the crowd. 1 don’t know whether 
they voted or not; they weiv hack there pushing something like two hours 
afterwards. 

(j. Are .vou a Denioci*at or Republican?—A. Democrat; could not afford to be 
anything else. 

(j. How long were .vou there before .vou voted?— X. Down in the evening; got 
there that morning pretty early. 

Q. How long did it take you to vote after you got in line?—A. I imagine 
.something like 40 or .aO minutes. There was not a line formed; it was just a 
slioving gang. 

Mr. G. W. BASS testified as follows: 

Direct examination by Mr. O. .1. Sikes: 

(j. You are a (lualified voter in Furr Township?—A'. Yes. 

(j. ]\Ir. Bass, heretofoi-e there has been something testified about your wife 
voting: ])lease state how that was.—A. Well, she had been sick for four years. 
She fell and hurt herself until she could not walk .scarcely, and when she came 
down there T went in the house and asked Mr. Hathcock and ^Ir. Green if it 
would he all right for Mr. Sossman to take the book out there and vote her out 
, there, and he went out there and got her ticket. 

(}. What did they say’.^—A. They .said, “Yes.” 

(j. Who i.s Mr. Hathcock?—A. Mr. Dan Hathcock. 

(j. What position did he hold?—A. Poll holder. 

(). Republican?—A. Yes. 

(j. Did the.v go get your wife’s vote?—A. Mr. Sossman went. 

(). They consented for him to go?—A. Yes. 

(j. How far from the i)olling place were .vou?—A. About 12 steps. 

Q. She was not able to walk?—A. No. 

(). How long were you around the polls that day?—A. I was there pretty 
well all day. 

Q. r)id .vou see much of a ci’owd around the door?—A. I did not go hack 
to that place much. 

Cross-examination by IMr. I. R. Burleson : 

(j. You voted?—A. Yes. 

(j. Voted for IMi*. R. L. Doughton?—A. Yes. 

(j. You had no trouble getting in to vote your.'^elf?—-A. No. 

(j. You had no trouble getting in and getting the registrar. ?klr. Sossman. 
to come out and vote youi’ wife, did you?—A. No; I went to the door and 
asked permi.ssion from the doorkeeper. 

(j. And had no trouble?—A. No. 

(j. At the time that So.ssman taken the book and went out and voted your 
wife that sto])ped the voting on the other side?—A. 1 suppose so. 

Redii’ect examination : 

(}. About how long did it delay the voting?—A. Not over two minutes. 

(j. Mr. Bass, how old are you?—A. Sixty-tive. 

(j. So th{‘y let you in under that old imni act*?—A. T went in pretty soon 
after the i)oils were ojxm and there was no disturbance when T went in. 

(). Was there anybody else in thei-e at that time’?—A. I don’t remember. 

(j. Thm-e was no crowding ai‘ound at the time you went in?—A. Right smart 
crowd around. 

(j. (’ould they ha>'e vot('d like you did’?—A. Yes. 

(j. Were you givcm any pi-ivileges nobody else was given’?—A. No: I waited 
until my tinu' came and stepiUMl in. 

(j. They had just as good an opportnnify as you had?—A. T think so, 

(j. You saw nothing to tin* contrary’?—A. Not a thing. 


1146 


CAMPBELL VS. DOUGHTOX. 


liecross-examinatioii: 

Q. Who all was in there that day eondiictins and niana.uing the election? 
<'lande Smith. Grady Green. Dan Hathcock. and Ray Sossnian?—A. Yes. 

Q. Was Wliit Simpson there?—A. Don't think he was. 

Miss Kdna Hiine.yciitt'r—A. Did not pa.v any attention to lier if she was. 

Q. Did yon pay any attention to Tink Hnneycntt'.''—A. Xo. 

iMr. GRADY GREEX testified as follows: 

I drect examination by iMr. O. J. Sikks : 

<i. Yonr name is Grady Green?—A. Y"es. 

(^. iMr. (irreen, yon were a qnalilied voter in Fnrr Townshii)'?—A. es. 

(L What position, if any, did yon hold at the Xovemher election?—A. .ludjre. 

Q. M’hat time did the polls oiten?—A. Well, I wonhl think about 120 or 30 
minutes late, somethiiif? like that. 

(}. State whether or not the election otlicials did anything ont there to 
delay the votinji-?—A. They did not. 

State if von voted them as fast as yon could under the circnmstances?—A. 

I did. 

(y Were yon hindeied in voting' in any way?—A. Sometimes they would crowd 
the honse and snch a racket we would have to stop and clear the house. 

(). Was it very dark?—A. Yes; and that bothered ns. 

Q. Who was (ioinjt most of this ci’owdin^’ yon spoke of‘2—A. iMostly Repub¬ 
licans; there is two Republicans to oiu' I)em(*ci‘at ont there. 

i}. If they had not crowded like they did could yon have voted more?—A. Sure 
we con Id. 

(F How early did Ray Sossman—did yon fto after him or did he come him¬ 
self?—A. He come himself; he was jnst a little late, ami they kept wantine: to 
vote, and me and Mr. Smith went over the hill about 20d yards and saw him 
and turned aronnd and come back; suppose we were ^one two oi* three minutes. 

(y Which ]Mi-. Smith?—A. Claude. 

(y He was a Democrat‘2—A. Y"es. 

(h Any partiality shown in that election?—A. Ah). ' 

i}. Yon did iK)t see any ])rivilejtes jriven at all as to Democrats and Repub¬ 
licans?—A. Did not. 

Q. Did yon honestly and conscientiously discbarite yonr duties as an election 
official to the best of .vonr ability?—A. I did. 

Was there any Democrat who went there to vote and di<l not ij;et to vote?— 
A. Yes. 

(}. About bow many, do yon know?—A. T would .ind.ue about 40 or -hO. 

(L Late in the aftern(K)n—state if yon had much difiicnlty in tindimr the 
names on account of it beinj; dai-k?—A. We did. 

C>. Eor that reason yon had a lamp?—A. Yes; late in the afternoon. 

(,). Did yon see any delay on the part of IMr. Sossman in tindinp: the names on 
the book?—A. Xo, sir. He done tbe best he could under the circumstances; it 
was dai’k and he found them as rapidly as he could, and, of course, the darkness 
bothered him. Sometimes they would come in there and he would ask them 
their names and they would .«ay Republican ; he would say that was not what 
he wanted to know ; lie wanted to know their jtiven name and surname. 

{). Did he have to look throufth several paires sometimes'?—A. Y^es; some¬ 
times he would. 

(L Some of those names yon would have to look throng'h a jrreat number of 
names before yon could find them where they were registered in larji'e families 
of the same name?—A. Y^es. 

(). Thei‘e are several pa.ues of H’s ont there, are they not?—A. Yes. 

Q. Hnneycntts?—A. Y>s. 

Cross-examination by ]\Ir. G. D, P). Reynolds : 

(}. Y^on were not registered?—A. Xo. 

Q. .Tnst one of the .judges of the election?—A. Y^es. 

Q. Did yon ever handle the book?—A. No. 

Q. Did yon see the pages?—A. Yes; I could see them when he would open 
them. 

Q. They were all in alphabetical arrangement?—A. Well, I don’t think so; 
pai't of them were and some were not. 

(). Yon said that the honse was crowded at times, a part of whom in pro¬ 
portion t(' about two Republicans to one Democrat?—A. Yes. 


CA]MPBELL VS. DOUGHTON. 


1147 


Q. Is that about the proportion of the vote out there as a towusliip?—A. I do 
not know about that; I would .iudse tliat it is. 

i}. ^ ou said you tliought there were about 40 or .lO Deiuoerats who did not 
vote?—A. Yes. 

Q. Upon wliat do you base your estimate of the number?—A. Well, I talked 
with several jieople that I know their politics and have known them for a good 
while, and told me they did not get to vote. 


Mr. K. K, SMITH testified as follows: 

Direct examination by ]Mr. (). .1. Sikes: 

(}. You are a qualified voter in Furr Township?—A. Yes. 

To vote in the last November election?—A. Yes. 

(,). Did you go to the polls?—A. Yes. 

What time did you get there?—A. I run a store right across in front 
of the place where they voted, and I went around in the afternoon some time. 

(„). About what time?—A. I would‘say something about 5 or 4.80 o'clock. 

i}. How long did you stay?—A. Until they quit voting. 

(j. Did you vote?—A. No. 

Why not?—A. (knild not get near the door; there were at least oO meit 
standing around the door. 

(}. Would you have voted a Democratic ticket?—A. Yes. 

Q. You are a Democrat?—A. Yes. 

(J. And you would have voted for Mr. Doughton for Congress?—A. Y>s. 

(}. Do you know any other Democrats who went there to vote and did not 
get to vote?—A. I don’t know; I was busy in the store the biggest portion of 
the day. 

Cross-examination by Air. I. R. I>ui{lesox : 

<}. You say you did not go until about 5 o'clock in the evening?—A. About 
4.80 or 5 ; I don’t know what time. 

(J. You <lid not go out there at the time IM]'. Bass said he went in there and 
voted without any trouble?—A. No. 

Q. If you had gone in the morning you might have voted?—A. I did not see 
any chances. 

Q. Well, you did not try until 4.80 or 5 o’clock?—A. Well, I wbnt around 
a number of times, but no use trying to get in, for there were two or three 
hundred trying to get in ])ushing. 

Q. So you did not try until that time?—A. I was down in the afternoon. 


:\Ir. R. C. HUNEYCUTT testified as follows: 


Direct examination by Air. R. L. Smith : 

(A Did you go to Stanfield on the day of election?—A. Y>s. 

(A Did you vote that day?—A. No. 

Q. What time did you go?—A. About 9.80. 

(A How long did you stay?—A. About sundown; a little after. 

Q. AVhy did you not vote'?—A. Crowded so I could not get in. 

(). Tell us something about how it was crowded?—A. Well, I can't hardly 
teiryou ; I suppose oO or 75 or 100 men, all pushing up, and each one trying 
to get in. 

Q. .lust i)ushing each other?—A. A’^es. 

(A Did you try more than one time?—A. No; I did not try to get in. 

Q. You did not risk yourself in that crowd?—A. No; I was of small statue 

ami afraid to risk it.' „ . -r-v i ^ 

(A For whom would you have voted for Congress?—A. Air. Doughton. 

6. A'ou were a legal voter?—A. Yes. , , ^ , 

Q. Do you know of any other Democrats who were there, legal voters, who 

did not get to vote that day?—A. I don t belie\e I do. 


Cross-exandnation by Mr. I. R. Burleson; 

Q. I believe your name was on the Democratic ticket for county commis¬ 
sioner?—A. Y"es. . , , , T 

O Did you make the statement there at Stanhehl that day, or any day Aery 
soon thereafter, that you were ashamed tlia.t your name was on the ticket owing 
to the fact that the Democratic election officers had done so sorry in Locust? 

What*statement did vou make?—A. T said some of the Democi-ats wanted 
the boxes thrown away, and I said I rather not. as my name was on the fcket. 


1148 


CAMPBELL VS. DOUGHTON. 


(L And you rather not have the l)oxe^< thrown jiwayV—A. No. 

(y And some I)eniocraIs wanted it thrown away?—A. No; that was just soiiie 
talk. 


Redirect examination : 

(y I>y whom was that talk?—A. 1 suppose Repul)licans. 

liecros.s-exainination : 

(y l)oirt you know (haude Smith, clerk there, came to Albemarle tliat nijtlit 
])efore he would count out the tickets?—A. No; I don't know it. 

Mr. .1. W. STARNES testitied as follows: 

Direct examinat’on ))y Mr. R. L. Smith: 

(y You Jire a duly (pialitied voter in Furr Townsh'i)?—A. Yes. 

(j. Were you at Stanfield on November 2?—A. Yes. 

Cy Did you .aet to vote?—A. Yes. 

(y What time of day?—A. About 8 o'clock in the afternoon. 

(y Tell us about the troulile you had .aettin.s: in.—A. i could not set in at all 
until they made the ride for Od-year-old men to come in. and .loshia Treece 
said ('ome on in. 

(y And you s'c't ’’n at what was the back door, then : in other words, you did 
not so in the resnlai* way?—A. Yes. 

(y Explain to us, Mr. Starnes, how it was crowded.—A. I reckon .“>0 or To 
ci-owded ail the tune; the Rei)ublicans would .s<> in and vote and come out and 
say, “Lets crowd out the damned Democrats." 

(y Did you hear anyone say that?—A. Yes; several of them. 

(y And after thev had voted the.v would stand at the door and crowd?— 
A. Yes. 

(.y After they had already voted?—A. Yes. 

(y If the i)eoi)le had sta.ved away from the door crowdins nnd (*ome in orderly, 
one at a time, could more pe<»ple have voted than did vote?—A. Yes. 

(y In your op'nion, could all who were entitled vote?—A. Yes; they could 
if they bad stayed away from that bai'k door. 

(y 1 )id you see anythins done on the i)art of the election officials in order to 
ilelay or hinder the election there that (lay'?—A. No. 

(y Did you see them show any partiality in any way; vote the Democrats 
ov(-*r the Itepublicans?—A. I did not in any way. I have been votins for 30 
yi^ars, and it all went as well as any other election with the exception of that 
ci-owd at the back door. 

(y State if, in your opinion, under the circumstances and consideriiyc the 
ci-owd, if the election oflicials handled the votes as best they could.—A. Very 
best they could. 

('ross-exain natioii by IMr. Reynolds: 

fy You ai'e a special friend of the contestee, Mr. DoiyMbon? — A. No; not tn 
h’m more than to another imm. 

(y You voted for him last election?—A. Yes. 

IMr. GRADY (JREEN, recalled, testitied as foll(>ws: 

Direct exaniinafon by IMr. R. L. Smith: 

(y Mr. Green, do you know Heath l>arbe('?—A. T do. 

(y You knoM' his ixditics?—A. Yes; Republican. 

(y (’. (’. Huneycutt'?—A. Yes; T do. 

(y Do you know the circumstanct's under which they voted?—A. They 
claimed tluw had sick children and wanted to come in the front door; you see, 
we let them come in the back. 

(y They asked ])ermission to come in and vote and fio back home to their 
sick children?—A. Yes. 

(y Roth of them i)ei-mitt(^d to vote'?—A. Yes. 

(y And they ai‘e l)oth Rei)ublleans'?—A. Yes, 

IMr. H. 1*. LOVE testirted as follows: 

Direct examination by IMr.'lL L. Sj^iith : 

Q. Mr. Love, you were a lejial, (lualified voter in Furr?—A. Yes. 

(y Voted in the last election'/—A. Yes. 

<>. You had been sick before that'?—A. Yes. 


CAMPBELL YS. DOUCHTON. 


1149 


(>. (faille out in the afternoon and voted?—A. Yes. 

Some evidenee hroiijiiit out by the eontestaut tended ro show that in 
order tor you to ,uet in they nearly i)ulIod your clothes off of you ; sfate how 
that was.—A. That was not true. I i)assed alon.u’ i-i.uiit at the front and iMr. 
1 reece, a Hepuhlican bailiff, and Dan Love were dooi-keei)ers. and Dan sjtoke 
and says, “You eau (‘Oine in now; tliey are votin,<>: old men. 60 years old. and 
.\ou can come in at the front,” and I walked in and voted 

(>. Was there any pulling?—A. Well, he just reached out his hand like that, 
and I was sick and caugiit hold of Irs hand. 

<>• So it was a mistake; they did not tear vour clothes?—A Xf» 

(i. You voted for IMr. Dough ton?—A. Yes. 


iMiss KDXA HUXEYCUTT ^testifie<l as follows; 

Direct examination by IMr. R. L. Smith ; 

(,). Miss Huneycntt, were you at Stanfield on election day?—A. Yes. 

ii. AN hat time did yon get there that moi-ning?—A. I don’t know the exact 
time; about 8 o’clock. 

(h ^^’ere the polls open?—A. Yes. 

Q. And they were voting?—A. Yes. 

Q. What paid did you take in the election?—^A. Well, I helped try to get 
the names off. 

Q. You were on the inside assisting iMr. Sossman, the registrar?—A. Yes. 

Q. hat did you help him to do?—A. I helped him try to get the names 
and vote as fast as we could. 

Q. I undei-stand you lielped Mi\ Sossman to tind the names as the voters 
came up to vote?—A. Yes. 

Q. How long did you stay there that day?—A. I was there until about 5.15. 
r was out long enough to eat a lunch. 

Q. State whether there was any unreasonable delay at auy time in hindering 
any voter who came in to vote from voting?—A. Xo. 

Q. State whether or not you and IMr. Sossman used due diligence and fouud 
the names of the voters?—A. We certainly did; if any could have beat us 
under the circumstances I would like to have seen them. 

Q. Some of the names beginning with H, there were several pages of?—A. Yes. 

Q. How about the L’s?—x4. Several pages of those. 

Q. AVhat was the condition of the light in there?—A. Well, it was cloudy 
and raining, and we could hardly find the names, and esjtecially when they 
would get between ns. 

Q. There was no windows in the front of the house and the door tilled with 
people; both doors at each end?—A. Had to have doorkeepers. 

Q. Light was practically blotted out?—A. Awfully dark in there. 

Q. State whether or not there was any discrimination between tbe Democrats 
and Republicans as to voting them when they came in there to vote.—A. Xever 
saw any partiality used while I was there. 

Q. I believe it is charged by the contestant that IMr. Smith, who was clerk, 
went out of the election room on different occasions, and that hindered and 
delayed the election ; state if he did or not, and what was done in his absence; 
who attended to the poll book in his absence?—A. I did once. 

Q. State if the election was hindered any time on account of his absence.— 
A. Only time he was absent that I know of. 

Cross-examination b.v Mr. G. D. B. Reynolds ; 

Q. You voted in that election?—A. Yes. 

Q. You voted for IMr. Doughton?—A. Yes. 

Q. You assisted in the holding of the election; that is, assisted the registrar 
in finding the names on the book?—A. Yes. 

Q. How many persons were in there assisting?—A. Well, the two judges, 
IMr. Smith and Mr. Ray. 

Q. Mr. Simpson helping also?—A. Xot that T know of. 

(}. He was in there?—A. I don’t remember it. 

(}. Was IMr. Row Dry in there?—A. He came in to vote. 

(}. They reipiested you to help Mr. Sossman, didn’t they?—A. Yes. 

Q. Were those names hard to read?—A. They were not hard at all when 
you found them ; it was dark in then', but we did not have any trouble reading 
them after we found them. I was with him when part registered, and could 
locate them s(unetimes quicker than he could. 

Q. Did you assist in the registration?—A. T just happened to be there and 
he was down liome and saw some of them register. 


1150 


CAMPBELL VS. DOUGHTOI^. 


Q. Did you register any while he was away?—A, I went over to Tucker’s. 

Q. I asked you if you registered any names during his absence?—A. Well, I 
was down at Cousin Tom’s, but he come and took the names himself. 

Q. I am not certain that you understood me yet?—A. I got one, but he come 
before I put the name on. 

Q. How many days were you working with him?—A. I did not work a day 
with him, but he came home; some families living there and their names were 
all together. 

Q. He came to your place?—A. Came by there one day. 

Q. Got the families all together and registered them there?—He got the 
names. 

Q. He had his book there?—A. Yes. 

Q. And got the persons together in there?—A. No; nobody gathered in at all. 
Q. Where did you get those names?—A. I went'down to Tucker’s. 

Q. Got their names down there?—A. Did not get but one. 

Q. Did you get many other names?—A. I did not get but one. 

Did you get any otliers?—A. 1 went down to Cousin Tom's, ])ut he came 
down. 

Q. Lilt you went to Tucker's?—A. 1 got ]Mrs. Tu(*ker. 

C. And you turned that name over to Mr. Sossman, did you?—A. Yes. 

Q. Mrs. Tucker is a Democrat, isn't she';'—A. Yes. 

Q. What Tucker is it'/—A. Mrs. .lohn Tucker. 

(L Now, was that all the names you got up around in the neighborhood and 
gave to the registrar'/—A. He came and I was at Cousin Tom’s and he came. 

Kedirect examination; 

ii. You say Mr. Sossman came and took the names and registered them?— 
A. Yes. 

INIr. E. .T. TAYLOR testitied as follows : 

I>irect examination by Mr. R. L. Smith: 

Q. M’ere you at Stanfield on election day?—A. Yes. 

(y Did you vote'/—A. No. 

(y Are you a qualified voter there?—A. Yes. 

i]. Well, why did you not vote'/—A. It was crowded tliere, sorter rainy, and 
I turned around and went hack home. 

Q. For whom would you have voted for Congress?—A. Mr. Doughton. 

Cross-examination by ^Mr. 1. R. Bukleson ; 

% 

Q. What time did you get there?—A. Something like S o'clock. 

(y How long did you stay?—A. Couple of houi's. 

(y You do not know whether you could have voted if you had stayed?—A. I 
don’t know. 

Q. Others did vote after that time'/—A. Well they M’eiit on that day. 

Q. Had you paid your poll tax on or before iMay 1?—A. Ye-s*. 

liedirect examination: 

(y You know of others who did stay all day and did not .get to vote?—A. I 
don't remember; seems like there was. 

Recross-examination : 

(y Von don't know of man.v'/—A. T don't know their names. 

IMi-, FURR testified as follows: 

Direct examination hy Vlr. R. L. Smith: 

Q. You live in Furr Township?^—A. V>s. 

(}. AVere you at Stanfield on election day?—A. Yes. 

Q. I)id you vote?—A. No. 

(y Why'.’’—A. (’ould not get in. 

(y How long (lid you stay there?—A. About an hour; I went right after 12 
iind stayed until about an hour and it was raining and my wife wanted to go 
hack Imine so T carried her and then came hack and stayed until night. 

Q. State whether or not it was so crowded you could not get in'.'*—A It was 
impossible. 

(.). For whom would you have voted if permitted to vote?—A. Vlr. Doughton. 


(’A^LPBELL YS. DOUGHTOX. 


1151 


(’ross-exuliiinntioii hy Mr. BiniLKSox : 

(■>. Say yon did not .iret there until about 12 o’eloek?—A. Yes. 

(.}. \ ou liav(‘ beard it testified by Mr. Hass and others that be voted in the 
inorniiiLr all rii^lit?—A. Yes. 

Redirect examination: 

Q. A'on beard l\Ir. Taylor testify he was there in the morning and could not 
vote, didn’t you?—A. l^es. 

^Ir. JOHN SMITH testihed as follows: 

Direct examination hy IMr. R. L. Smith: 

(h AYere you at Stantield on November 2?—A. Y’'es. 

Q. YYm w’ere a duly qualitied voter?—A. Yes. 

Q. Did you vote?—A. Could not. 

Q. "NYliy not?—A. Crowded so I could not get in; some of them weighed 200 
pounds and had them up off the ground. 

Q. How long did you stay there?—A. Between 9 and 10 o’clock when I got 
there, and stayed until after the middle of the afternoon. 

Q. That was going on all the time you were there?—A. lYent around there 
a dozen times and I decided I would not vote at all if I could not do better 
than that. 

Q. Who was doing most of that crowding?—A. IMa.iority was Republicans 
because the majority there were Republicans. 

Q. Say they had some of those 200-pound fellows off the ground?—A. Up 
off the ground; their feet were not touching the ground. 

Q. For whom would you have voted for Congress?—A. Mr. Doiighton. 

Cross-examination l)y ]Mr. C. D. B. Reynolds : 

Q. You did not try to get in at all?—A. I did not get up in the crowd; 1 
decided I would not get in there. 

Q. 1^011 did not go around there but twice?—A. A dozen times I said a while 
ago, or more. 

Mr. CARLIE EFIRD testified as follows: 

Direct examination by Mr. R. L. Smith ; 

Q. Were you at Stanfield on election day?—A. Yes. 

Q. Were you a duly qualified voter?—A. Yes. 

Q. Did you vote that day?—A. No. 

Q. Why not?—A. Could not get in. 

Q. How long did you stay thei-e?—A. Something like three hours. 

Q. What was the condition around the door; was that the reason you 
could not get in?—A. Pushing and crowding so I could not get in. 

Q. For whom did you intend to vote for Congress?—A. R. L. Doughton. 

Cross-examination by IMr. Reynolds ; 

Q. What time did you get there?—A. About 12 o’clock. 

Q. What time did you leave?^—A. About 2 or 3 o’clock. 

Q. Y^ou did not try to get in at all?—A. Yes; I tried to get in a time or two. 
Q. How did you know when you left that you could not have gotten in if 
you had stayed longer?—A. So many people there. 

IMr. JASEN EFIRD testified as follows: 

Direct examination by ]Mr. R. L. Smith; 

Q. Were you at Stanfield on November 2?—A. Yes. 

(}. Are you a (pialified voter?—A. YVs. 

Q. Did you vote that day?—A. No. 

Q. Why* not?—A. I could not get in the door when I tried. 

Q. How long did you stay thei-e?—A. About three hours. 

(j. What time of day did .vou get there?—A. About 12 o’clock. 

(}. What was the condition arounu the door?—A. Well, just crowded all 
around and I could not get in. 

(,). Were they i)ushing?—A. Yes. 

(h For whom would you have voted for (Amgress?—A. ^Mr. Doughton. 


1152 


CAMPBELL VS. DOUCHTON. 


('iv)s.s-exai)iiiiati(»n by Mr. G. D. IE Rp:ynolds : 

What time did you jtet there?—A. About 12 o'clock. 

(i. Left about 3'/—A. 1 did not have any watch, but suppose I was there 
about three houi's. 

(J. Plow many times did you try to .Jtet in?—A. Tried three or four times at 
the back and two times at the front. 

Q. Plow loi);:t did you try?—A. 1 would stand tliere a few minutes and try 
to pusli my way in and they would crowd me out. 

Redirect examination: 

(.p Who was the majority of people doiiyi; that pusbinii:, Ptepublleans or 
Democrats?—A. I couldl not tell you. 


Mr. T. W. HUXP]YCUTT testitied as follows. 

Direct examination by Mr. R. L. Smith; 

(i. You were a (pialified voter?—A. Yes. 

G. IVere you at Stanfield on election day?—A. Y"es. 
cp Did you vote that day?—A. No. 

(p What time of day did you get there?—A. About 2 o’clock. 

Q. 'What time did you leave’.''—A. After dark, 
tp M’hy did you not vote?—A. Gould not get in. 

Q. Why?—A. So many around the door. 

(P Tell us how that crowding and })ushing was going on?—A. .Just trying to 
push and get in. 

(p Who was in majority, Rei)ublicans or Democrats’?—A. Why the Repub¬ 
licans was on the outside pushing; I do not kmnv who was in front of me; th<*y 
were so thick I could not tell. 

(P For whom would you have voted for Gongress’?—A. ?\Ir. Doughton. 

('r(»ss-examination by Mr. Rriu.KSox ; 

(p You got there about 2 o’clock’?—A. Yes. 

CP Y"ou don’t kiKov whether you could'have voted if you had gotten there 
eailier or not?—A. No. 

(.p You paid your ])oll tax?—A. Y^'es. 

:\Ir. PIOYI.P: TUGKER testified as follows; 

Dii-ect examination by ]\I]'. R. Tv. Smith; 

Q. You were a {pialified voter in Furr Township?—A. Y’es. 

(p P)id you go to Stanfield on eh^ction day’?—A. Yes. 
tp Did you vote’?—A. No. 

Q. When did you go?—A. About 9..S0. 

(.p What time did you stay’?—A. It was night when I left. 

(p Why didn’t you vote?—So crowded. 

cp Those 2d()-i)Ound fellows too much for a little fellow?—A. Too much for me. 
(p WIm W(»uld you have voted for (’ongress?—A. ?Mr. Doughton. 

('i-oss-examination by ]Mr. G. D. K. Reynolds: 

(p A great many trying to get in’/—A. Yes. 

<P Great many could not get in besides you?—A. I suppose so. 
tp You did not try to get in’?—A. Y>s, sir. 

'^Ir. T. 1>. T.OVE testified as follows; 

Direct examination by ]\fr. It. Ij. Smith; 

(p You ai’e a duly (lualitied voter in Furr Township?—A. Yes. 

(p Did you go to Stautield on election day?—A. Yes. 

(}. What time did you go’?—A. About <S.o6. 

cp How long did you stay?—A. Until most 12 o’clock, and carried my wife 
])ack honux and went back and sta.ved until night, 
cp r>id you vote that day’?—A. No. 

cp Why, could you mtt .get in’?—A. They were crowded, so I tried in the ring 
for an hour. I asked them if they would let me out, and I got out. 

cp What political faith were these people who were doing most of this 
crowding’.^—A. Those ai'ound me were Ttepublicans. 

cp For whom would you have voted?— A. Mr. Doughton. 




CAMPBELL VS. DOUGHTON. 


1153 


Cross-exMiiiiiiatioii by Mr. I. R. Burleson : 

Q. M hat time did you get back there?—A. After 12 o’clock awhile—maybe 1 
o’clock. 

Q. How long did you stay?—A. Until night. 

Can .von explain to tlie court and let it go into th's recoi'd why it was all 
on the outside were Republicans?—A. All that were around me, I* said, were 
Republicans. 

(>. (’an yon exi)lain why it was?—A. I can’t. 

(). You do know there were some Democrats in Furr Township?—A. I do. 

(h Do you know why it was the Democrats had voted and the Republicans. 
ha<l not?—A. I can’t tell you that. 

(>. You had paid your poll tax on or l)efore IMay 1?—A. l>s. 

(h Ho\v long have you lived in PTirr?—A. Thirty-three years. 

Redirect examination : 

(1. YTm know a great many more Republicans did vote out there that day 
than Democrats?—A. Yes. 

Recros.s-examinafon : 

(}. You know there is a great many more Republicans out there than Demo¬ 
crats, anyway?—A. Yes. 

Redirect examination : 

Q. You know a great many Democrats did not get to vote?—A. Y^es. 

Q. Do you know Love Huneycutt?—A. Yes. 

(2. Did you see h m there that day?—A. I did. 

Mr. HENRY EUDY testilied as follows: 

Direct exayiination by Mr. R. L. Smith : 

Q. You were a duly qualified elector in Furr?—A. Yes. 

(h Were you there on election day, November 2?—A. I was. 

Q. What time did you get there?—A. About 9 o’clock. 

(}. H(>w long did you stay?—A. Until about 10 o’clock. 

Q. Did you vote?—A. No; I took my wife back home and come back that 
evening and stayed until about sun. 

Q. Why didn’t you vote?—A. So many there I could not get in. 

Q. State how that pushing was?—A. It was just a big crowd pushing and 
scrougiiig; if a man had stood there in the ring he might have got in, but I 
went back home and come again. 

(1. For whom would you have voted for Congress?—A. R. L. Doughton. 

Cross-examination by IMr. I. R. Burleson : 

Q. Yh)u say if you bad stayed there in the ring you m/ght have gotten in?—A. 
I did not say positively I would have gotten in. 

Q. You got there about 9 and stayed until 10, and went home and came back 
again and stayed until about sun?—A. Yes. 

Q. If you had stayed like the others all day you might have voted?—A. I 
might have. 

IMr. SAM. A. HUNT^YCUTT testified as follows : 

Direct examination hj' Mr. R. L. Smith: 

Q. Were you a duly qual'fied voter?—A. I was. 

(}. M’ere you at Stanfield, the polling place, on November 2?—A. I was., 
c}. What time did you get there?—A. AVell, I don’t know exactly the hour— 
something near 8 o’clock. 

Q. State if the i)olls were open when you got there?—A. They were. 

(h How long di(i you stay?—A. All day. 

Q. Did you vote?—A. I did not. 

(h AVhy did you not vote?—A. I did not want to lose my pocket knife. They 
were crowded so if they lost their pocket knife they could not find it. 

i). Tell how th.ey were crowded?—A. They were packed in; locked arms on 
one" another’s shoulders and locked arms one around the other; once in a while 
the crowd would break and turn wrong side out. I thought maybe I would get 
in, but some got to the door facing and turn back on the crowd. 

(.). Mdiich party did they belong to—those all locked up?—A. I am not so 
well informed. 


57695—21-73 



1154 


CAMPBELL VS. DOUGHTON. 


Q. Yon SM.v yon never got in?—A. No. 

Q. J'^or whom d cl yon intend to vote for Congress? A. 


II. I.. Doiighton. 


Cross examination by INIr. G. D. B. IIeynolds : 

Q. Those people on tlie ontside piisliing to get in did not ooze in very rap' 
j,jly 7 —A. No; it was pretty slow, as big a lump as there was of them. 


Mr. J. C. NANCP] testitied as follows: 

Direct examinafon by Mr. O. J. Sikes: 

Q. Yon were a duly qualified voter in Purr Township? A. Yes. 

() Did von vote in’the last November election?—A. Yes. 

Q. Mr. Nance, do yon know what t me the election began at Stanfield that 
morning?^ — ^A. No; I don’t know by the time I went with the legistiai. 

Q. Who?—A. The registrar. Mr. Sossman ; I went over with him, and we got 
on top of the hill the other side of Stanfield just as the sun rose. 

(N How were yon travel ng?—A. In a car. 

Q. Did yon go dire< t on to Stanfield?—A. I went on to the polling p.ace. 

Q. And vot.ng began ns soon as he got there?—A. Yes. 

Q. Did yon vote?—A. Yes; I got to vote down in the evening some time. 

Cross-examination by Mr. Burleson : 

Q. You had no car trouble on the way?—A. No. 

Q. Mr. Nance, the crowd stood back and let all the ladies go in and vote?—• 
a' Y>s. 

Q. All the Democrats and Ilepnblicnns alike stood back and let the laches go 
in and vote; no trouble; everything lovely?—A. Yes. 

Red rect examination: 

(}. Did you get in the automobile with >Ir. Sossman when he left his home?—■ 
A. No; he came by my house. ' 

Q. You don’t know whether he had any car trouble before he got to youi' 
house or n(;t?—A. No. 

Itecross-examinat'on: 

Q. Did he make nny statement to you that he had had car trouble why he 
was a little late?—A. No. 


INIr. JOHN YOW testified as follows: 

Direct exajnination by Mr. O. J. Sikes : 

Q. Your iianie is John Yow?—A. I guess so. ^ 

Q. John, you are a duly qualified voter in Furr?—A. \’'es. 

(J. Y^ou were at the election last November?—A. Y^es. 

Q. What position did you hold there?—A. Doorkeeper. 

Q. John, did you see any unfairness on the part of the election officials?— 
A. None, except they pushed and scrouged. 

Q. That was not the election officials; that was the crowd, wasn’t it?—A. 
Yes. 

(}. You say you were bailiff; did you have much trouble?—A. Had a lot of 
trouble. 

(}. Who was doing most of that pushing and scronging?—A. Well, there was 
.some of both. I think I was there where I could see. 

Q. More Republicans than Democrats?—A. Well, there are more Repub¬ 
licans there, and I guess there were more pushing than Democrats. 

Q. If they had not done that scronging, John, would there have been more 
votes cast?—A. It took a i-ight smart time to get them old sisters in there that 
was not able to walk in. 

Q. Them old sisters get to scronging, they were determined to go through?—- 
A. Well, they were too old and feeble to go and it took two to help them in the 
door and took them some time to get about while they were in there. 

Q. Outside of the scronging the election was carried on as usual?—A. I 
think so. 

Cross-examination by Mr. Burleson : 

Q. You never had to help them old sisters in before?—A. No; it was a new 
thing to me. 

Q. John, you voted for Mr. Doughton?—A. Yes. 

Q. And you say both parties tried to get in?—A. l^es; both parties. 


CAMPBELL VS. DOUCIHTON. 


1155 


liedirect examination; 

Q. You did what you could to keep them quiet, didn’t you, John?—A. Sure 
did. 

Q. You did not show any partiality in your treatment of Democrats or Re¬ 
publicans?—A. No; no Republican can say that I didn’^ treat them all alike; 
sometimes more Republicans would scrouge in than Democrats, and sometimes 
one Republican to two Democrats. 

Recross-examination: 

Q. .lohn, everything was quiet and lovely?—A. No; not so quiet. 

(i. Quite lovely?—A. Right smart racket and hollering. 

Q. W'as that some of those big sisters?—A. Well, the big sisters they were 
a whole lot of trouble, too, Vuit not as much as the men made. 

Mr. HENRY SNUGGS testified as follows : 

L)irect examination by Mr. R. L. Smith ; 

Q. Mr. Snuggs, you are.a druggist I believe by profession?—A. Y^es. 

Q. You live in Albemarle?—A. Yes. 

(i. I wish you would look at this registration book for Furr Township for 
the year 1920 and look at the H’s and see how many pages of H’s you find in 
that precinct?—A. Four. 

About how many names to the page?—A. Forty. 

(i. What about the handwriting, and, Mr. Snuggs, would it be difficult for 
you to find those names when a voter came up?—A. The handwriting is a little 
mixed, run together. Here is one person with H and starts with the given name 
instead of sir name. 

Q. What would you say about the difficulty in finding the names when a voter 
came up and presented himself to vote?—A. Pretty dillicult for me to find. 

(}. It you will look at the M’s and L’s you will find several pages of those 
also; look at the L’s?—A. There are two pages under L, and a halt in the back 
of the book. 

Q. U sed up all the places at the other place; see if they had not?—A. Yes; 
used it all up with L and N. 

Q. You would say the same thing about that as being difficult to find the 
names?—A. I would consider this more difficult. 

Cross-examination by Mr. Reynolds : 

(i. If a man had been handling that book who had done the writing, even 
though it might be a little difficult for you there is no reason why it should be 
difficult lor the man to find his own handwriting?^—A. It depends altogether on 
the education; probably you or ji lot of the people could find-it quicker than I 
eould even if you did not write it. 

Q. M’dl, you assisted here in ward 1 election day?—A. I was clerk. 

(J. How many did you vote here?—A. Retweon seven and eight hundred; I 
am not positive. 

(i. Could you not have voted three times as many as you did?—A. No. 

(h Could you have voted a great many?—A. Yes. 

Q. You were not busy nearly all the day?—xV. Yes; we were rushed until 12 
o’clock. I know I had to get relief from writing the names down myself; I could 
not do it my hand was so cramped. 

Q. After noon, though, you were not in such a rush?—A. Not as much so as 
in the morning. 

(i. Did you keep a copy of the poll hook you kept?—A. I made a carbon copy. 

Q. You don’t know what became of it?—A. No; I do not know what became 
of any of the books; I turned them over to the registrar. 

Q. bid you make a carbon copy on the leaves of the book or on separate 
leaves’?—A. On separate paper, because we had extra paper and I put my car¬ 
bon right under the light and would write the name down and put my carbon 
right under it on another sheet. 

Redirect examination; 

Q. In your handling of the election here you had an ideal light and a con¬ 
venient place for it?—A. We had the best in town; the best in the county, I 
guess. 

Q. You had a thorough organization ?—A. I think so, as good as in the county. 

Q. There was no crowd around your polls?—A. No; just one at the time we 
had bailiffs. 


1156 


CAMPBELL VS. DOUGHTON". 


Q. I ask you if the registrar in that case was not able without any inter¬ 
ference to tind the names much faster?—A, I would think so. 

Q. I ask you if you were in the office of li. L. Smith on the IMonday night 
before the election?—A. Yes. 

Q. Was (Jeorge Heed up there that night?—A. If he was there, lie was there 
before I went and after 1 left, and I went pretty early and stayed as long as 
anybody. 

C). Was anything said in that office tliat night that you heard by anybody in 
any way pertaining to challenging any number of Kepuhl cans in the county 
or depriving them of their right to vote or cheating them out of their vote after 
they were cast?—A. Not that 1 heard. 

Mr. A. I’. HARRIS testihed as follows: 

Direct examination by iMr. W. L. Mann : 

Q. Your name is A. P. Harris?—A. Yes. 

Q. What is your business?—A. Cashier at the Stanly Bank & Trust Co. 

Q. Where do you live? — A. East Albemarle. 

(). What ward or precinct?—A. Mbird 1. 

(}. AVere you connected with the Democratic organization last fall during the 
election?—A. I was chairman of the ward executive committee. 

Q. AVhere did you have your meet ngs?—A. R. L. Smith’s ofiice. 

Q. Do you recall whether or not you had a meeting in R. L. Smith’s office the 
night before the election?—A. We did. 

Q. State whether or not you heard any jilans or schemes to challenge a large 
number of voters in Furr and Big luck Townships and to knock out 500 or more 
votes out there and cheat enough in Albemarle 1 to carry the election?—A. Not 
a word. 

Q. Were any plans of that kind made up there?—A. AVas not. 

Q. State whether oi- not you saw Geoi-ge AV. Reed up there?—A. He was not. 

Q. Did you ever see him up there?—A. Never saw h’m during the whole cam¬ 
paign. 

Q. AA"as any plan like that ever made?—A. Not when I was present. 

(h Did you ever hear of any plans of that kind? — A. I did not. 

Q. Mr. Harris, do you know AAv E. Smith?—A. I do. 

Q. State whether or not, if you know, he was in the service?—A. He was. 

(). Do you know where he was, whether or not he was in school during the 
time of election?—A. He was in Trinity, as I recall now. 

Q. He was absent during the election?—A. He was. 

Q. Do you know AA". E. Cress?—A. I do. 

Q. Do you know whether or not he was in the service?—A. I don’t know about 
Cress. 

Air. N. AI. BYRD testified as follows : 

Direct examination by Air. AA". L. AIann : 

Q. Your name is N. Al. Byrd?—A. Y^es. 

Q. AA’here do you live?—A. East Albemarle. 

Q. AATiat ward?—A. No. 1, North Albemarle. 

Q- Fo you know R. L. Byrd?—A. He is my brother. 

Q. Do you know where his home is?—A. Right here in Stanly County, down 
liere at his aunt’s between here and Badin. 

Q. Does he go olf to work out of the State sometime?—A. He does. 

(}. Does he consider this his home at all times?—A. He does. 

Q. Does he have property in North Albemarle?—A. Yes. 

Q. AAdiat is it? — A. Land. 

(). Does he pay his tJixes in North Albemarle?—A. l’'es. 

Q. His property and poll tax?—A. Yes. 

Q. AVhat kind of work was he engaged in hist fall?—A. Construction work 
lor the Covernment; he was an engineer. 

Q. AA'hen he comes home off these jobs what does he do?—A. AATien he comes 
tjome on a visit he goes around to see his people; when he gets out of a job and 
gets tired of visiting he goes down to my aunt’s and cleans up his place and im¬ 
proves that: cuts wood, and such as that. 

J read the following into the record: ' 


CAMPBELL VS. DOUGHTON. 


1157 


Florence, Ala. 

K. L. Byrd, being duly sworn, says that he is now and has been for some time 
past in Alabama engaged in public works. That be does not consider and never 
considered Alabama bis home; that be was raised in North Albemarle Townslnp, 
Stanly County, N. C.; that he owns land and other property in said townshi]); 
that he pjiys his poll and propeidy tax in said townshii) and that he has always 
considered that as his home and property domicile; that when he is away from 
there he has always had the mind of returning to that place as his home and that 
he has never considered any other place his home or residence; that be i^aid 
his poll tax in North Albemarle precinct No. 1 for the year 1919 on or before 
the Ist day of Maj% 1920. 

It. L. Byrd. 

Sworn to and subscribed to before me this the 5th day of March, 1921. 

Lester It. Norvell, Notary Fiihlic.” 

Q. Do y()n know Lentz Fes'perman?—A. Yes. 

C). Do yon know whether or not lie was a soldier in the late war?—A. He 
was a soldier. 

Do yon know It. A. Casper?—A. Yes. 

Q. Where does he live?—A. About a mile and a half from the courthouse 
here. 

(). Has a home here and wife and children living over there?—A. Yes. 

Q. Works out of the State some time?—A. Yes; he did last year. 

Q. But hiS family live here?—A. Certainly do. 

Cross examination by Mr. G. D. B. Beynouis : 

(}. Yon say Casper’s wife and children live here?—A. Yes. 

Q. Mr. Byrd, how long had your brother been away from here?—A. He has 
been a^^■ay and back 10 years ago, I guess, fi-om one construction job to another. 
He first commenced construction work when old Whitney commenced and been 
following it ever since. AVorked on the South Bound; worked at Hardaway; 
been in Ohio and been in A'irginia, and worked in South Carolina and the last 
place now is down in Alabama. 

Q. He has ever been married?—A. No. 

Q. Do you know where Fesperman is living now?—A. I do not know; he was 
over here at work the other day ; I think he is at his father’s. 

Q. Do you know where he was living last fall?—A. With his father, I sup¬ 
pose; he follows work off sometimes, too. 

Q. He is not a married man?—A. No. 

Q. You don’t know how long he had been away last fall?—A. I do not; he 
was discharged from the Army about this time last year, and I have not seen 
him to know him since he came back from the Army until about a month ago. 

(>. Do you know when he came back from the Army?—A. No; I do not know 
just when he came back. 

Mr. W. J. COTTON testified as follows: 

Direct exam nation by Mr. W. L. M.\nn : 

Q. Your name is AV. J. Cotton?—A. Yes. 

Q. AAliere do you live?—A. In Albemarle—South Albemarle. 

Q. Mr. Cotton, do you recall wliether or not you were in Mr. Smith’s office 
the night before the election?—A, I was. 

Q. Do you recall whether or not George A\\ Heed was up there?—A. He was 
not uj) there. 

Q. AVere you up there pi-actically all the time during the ineefng?—A. Yes. 

Q. State Vhether or not you heard of any plans or schemes to challenge a 
large number of voters in Furr and Big Lick Townships, deprive them of their 
right to vote, and cheat enough in North Albemarle to carry the election?—A. I 
did not. 

Q. Any plans of that kind made up there?—A. No. 

Q. Did not hear of any plans of that kind that night or any other night?— 
A. Did not. 

(,). Do you know Lewis Alilton?—A. Yes. 

Q. Do you know if he was a soldier in the Army?—A. He was. , 

Q. Do you know It. A. Casper?—A. Yes. 

(^. Do you know where he lives?—A. Yes. 

Q. His familv?—A. Yes; East Albemarle. 

Q. AVard 1?—A. Yes. 


1158 


CAMPBELL VS. DOUGHTON. 


]\Ir. .L A. LITTLE testified ns follows: 

Direct exaiiiiiiatioii by IMr. W. !>. Mann : 

Q. You were asked about some names by the attorneys for Dr. Campbell in 
bis beai‘ nir; be asked you with referem-e to the name of T. N. Fesperman?— 
A. I don’t find T. N. I find Tom in No. 2. 

Q. As bavins paid bis poll tax?—A. Yes. 

Q. Tbe name of Huston ITatbcock ; you were asked about that name. State 
if you bave made an investisation and find tbe name in any other precinct?— 
A. His name appears on Albemarle, 8. 

Q. You were asked al)out tbe name of IM. 1>. Lowder; bave you invest'.sated 
and found be paid b.s poll tax?—A. I find bis name api)ears on tbe Center list 
of paid polls. 

Cros.s-examination b.v Mr. Burleson : 

Q. Tins T. N. Fesperman ; you do not know whether It is tbe T. N. referred to 
in ward 1 or not?—A. I coidd not say. 

Q. Don’t you know this Fesperman lives up here in North Albemarle, and he 
is a laborer?^—A. I really don’t know. 

Q. Houston Hathcock ; you do know be was livin;; in Montgomery when be 
was voted over here?—A. I mijrbt know him if I was to see him, but I do not 
know anything? about where be lives. 

This M. B. Lowder; you find that in Center. Do you know whether it is 
tbe same one?—A. His name is erased off tbe Center registration book. 

Mr. W. W. TALBERT testified as follows: 

Direct examination by Mr. W. L. Mann : 

Q. Your name is W. W. Talbert?—A. Yes. 

(^. Where do you live?—A. North Albemarle. 

Q. What official position did you hold in tbe last November election?—A. I 
was registrar. 

Q. Registrar for-A. North Albemarle, ward 1. 

Q. In tbe bearing of Dr. Campbell IMr. .1. A. Little was asked about certain 
names being on tbe poll-tax list as having paid their poll tax, and on that list 
was tbe name of C. W. Russell. I ask you if you bave made any investigation 
and learned what is tbe age of C. W. Russell as shown by your registration 
book?—A. C. W. Russell on this book shows to be 21 years old. 

Q. What date was that?—A. This was October 12, 1920. 

Q. So be would not bave l)een 21 on May 1. 1919?—A. Well, I don’t know the 
date of bis age, but be gave it to me as being 21, and I registered him on tbe 
12tb of October. 

Q. How long was that after May 1, 1919?—A. That was 1 year, 6 months, and 
12 days. 

Q. That is to say if be bad been 21 on May 1, 1919, lie would bave been 22 
on October, 1920, wouldn’t be?—A. Yes. 

Q. Tbe name of C. P. Lowder, state whether or not you find that on your 
registration book at all?—A. I don’t find C. P. Lowder; I find C. E. Lowder and 
D. C. Lowder and L. P. Lowder. 

Q. If C. 1*. Lowder’s name is not on the registration book, did he vote?—• 
A. No, sir. 

Q. Did anyone vote in that ward whose name is not on the book?—A. Not 
to my knowledge, or unless they gave the wrong name to me. 

Q. C. P. Lowder did not vote?—A. No. 

(}. I ask you about tbe name of J. A. Walters; look and see what age ap¬ 
pears?—A. I find .1. A. Walters checked off as those voting and 51 years old. 

Q. Do you find A. I. Walters on there?—A. No; I do not find A. I, 

Q. But you find J. A., and he is 51 years old?—A, Fifty-one. 

Q, A. I. Walters did not vote unless he voted in the name of .7. A. did he?— 
A. No. 

Q. Look at the name of F. C. Biles?—A, I find F. C. 

Q. Wliat age?—A. Twenty-one years. 

Q. What date was that?—A. He was registered on October 12, 1920. 

Q. If his age was 21 at that time would he have been 21 on May 1, 1919?— 
A. No. 

Q. Look for the name of A. L. Kirk?—A. I find A. L. Kirk here. 

Q. What age is that?—A. Twenty-four years old. 

Q. Does your records show whether or not he voted?—A. It is not checked. 



CAMPBELL VS. DOUGHTON. 1159 

Q. INIr. Talbert, those check marks were the checks of those who voted?—- 
A. Yes. 

(h I ask yon to tnrii and see if yon find the name of W. C. Smith? If not, 
yon might look for W. E. Smith and William C. Smith?—A. I find W. C. Smith, 
33 years old. 

Q. Yon find the name of William C. Smith?—A. No; this is W. C. I find 
W. E. No; I do not find William C. Smith. 

(j. I ask yon to look carefully and see if yon do not find the name, a large 
W and small m C. Smith?—A. Y>s; here we are. 

Q. What age is that?—A. Fifty one or two, it looks like 51 and it looks like 
52, probably 52. Jnst a minute in regard to W. C. Smith; over here is 33 not 
checked off. I do not know whether he voted or not. The Win C. Smith is 
checked as though he voted. 

(}. As I understand it those marks represent those who voted?—A. Yes; it 
is possible that a man might have voted and I did not check him. 

(h The one appearing as W. C.. 33, is not checked, and the one appearing as 
52 is checked?—A. Y^es. 

Q. Do yon know W. E. Smith?—A. Yes. 

Q. Do yon know whether or,not he was in the service during the war?— 
A. He was. 

Q. Turn to the name of A. L. Pesperman ?—A. I find A. L. 

Q. Do yon have Lentz?—A. No; only A. L. 

Q. So if Lentz voted he voted under the name of A. L., did he not?—A. I 
would presume so. 

Q. What age does that show A. L. to be?—A. Twenty-one years old, regis¬ 
tered October 10th and 21st, 1920. 

Q. If he was 21 years old then would he have been 21 on the 1st of May, 
1919?—A. No. 

Q. Y"on know Fesperman personally?—A. No. Well, I know a good many 
men liy the name of Fesperman, but I do not know the initials or given name. 

Q. INIr. Talbert, it has been brought ont in the testimony here that he was 
a j^oldier during tb.e recent war, I was .iust wondering if you knew that fact?— 
A. No; I don’t know that. 

(F Turn to the name of .1. R. Smith, if you have it, and see what age appears 
after that name?—A. I have J. R. Smith here; age, 21, October 12, 1920. 

Q. If he wns 21 at that time, would he have been 21 on May 1, 1919?—A. 
No. 

(), Turn to the name of T. V. Green ?^—A. I have him. 

Q. Wliat age appears?^—A. Twenty-two. 

(}. State whetlier or not it is your information he was a soldier?—A. I do 
not know IMi’. Green, 

Q. What information, if any, do you have as to his being a soldier?—A. I 
have only been told he was a soldier. 

(Contestant objects to the question and answer.) 

Cj'oss-exaniination by IMr. I. R. Burleson : 

Q. I believe you say J. A. Walters was 51 years old in October, 1920?—A. 
That is what the records show. 

Q. If he was 51 then, should he not have listed poll taxes in 1919?—A. I 
suppose so. 

(}. The same would apply to William O. S. Smith if he was .51, your records 
I believe state he is either fifty-one or two, if he is 51, he would l)e due to list 
poll taxes for 1919?—A. That*seems to show 52. This is the name that was 
transferred; he was 51 in 1918. 

Q. Then he would not have paid poll taxes?—A. No. 

(}. A. L. Kirk. I believe you stated, was 24?—A. Twenty-four in 1920. 

(). Don’t you know he voted an absentee ticket?—A. No; I don’t remember. 

q! W. C.” Smith, age 33, be would be due to pay poll tax, and also A. L. 
Kirk would be due to pay poll tax?—A. I would suppose so. 

Redirect examination : 

Q. You don’t know whether they paid their poll tax or not do you?—A. No. 

Q. Is there a possibility that they might have lived in oiie ward and their 
name appears on the list of some other ward, is that possible that they might 
have gone in other counties and paid their poll taxes and then moved to 
Stanly?—A. We liad several that did that; I don’t recall their names, but recall 
the transfers they brought in. 


IIGO 


ca:mpbell vs. doughton. 


Q. When you rej^istered these voters, they had qinililied as being qualified 
voters?—A. Yes. 

(}. Wei’e those names challenged?—A. No. 

Q. Were any of the names to which we have referred cliailenged?—A. No. 

I lec ross-ex a m i n a t i o n : 

Q. The certitied list of the sheriff is pi'esnmed to be correct of all town¬ 
ships?—A. I do not know. 

(>. Mr. Talbert, in i-esi)onse to one of IMr. IMaiin’s questions you said all of 
them were sworn?—A. Yes. 

Q. The names that you carried forward, yon did not swear them?—A. No, sir. 

Q. So you do not know whether that is correct or not as to their ages?— 
A. These that I gave here are those I registered. 

Q. Didn’t you tell me one man 52 was taken from 1918 book?—A. Yes; that 
was, but the young fellows 1 swoi-e them. 

(It is agreed that the ))oll-tax receipt of IT. O. Sink, of Badin, may be copied 
In the record as a part of the Badin testimony after being submitted first to the 
attorneys for the (‘ontestant.) 

Lexington Townshij), l)avi<lson County, N. C. No. 299. Received of Herbert 
O. Sink his taxes for the year 1919, as follows: For poll tax, $4.58; total, 
$4.58. (Stamped across the face of it the following:) Davidson County, N. C. 
l*aid, April 29th, 1920. J. A. Tusse.v, sheriff. W. Z. Cress, deputy sheriff.) 

(The contestee adjourns the present he.aring until Tuesday morning, April 20, 
at 10 o’clock a. m.) 

Ttu‘:si).\y, April 26, 1921. 

Hearings resumed wherein James I.* Campbell is contestant and R. L. 
Dougbton contestee, according to adjournment. Contestant is represented by 
I. R. Burleson and contestee by R. L. Smith. Hearings resumed before 
W. L. Cotton, notary public and commissioner of testimony, and Mrs, ,Tohn H. 
Bolton, I'eporter. 

Mr. SAVAGE LITTLE testified as follows: 

Direct examination : 

Q. Do you know Tom Huneycutt?—A. Yes. 

Q. Do you know whether he went to the polls on election dav. November 2?-- 
A. I do. 

Q. Who went with him?—xV. I did. 

(}. Who got his tickets?—-A. I got them. 

Q. What tickets did you furnisli him?—A. Straight Republican. 

Q. How do you know he voted?—A. He told me; he come out and I asked 
him. 

Q, What ticket did he tell you?—A. Republican. 

(}, Do you know what ticket he voted two years ago?—A. Yes. 

Q. What ticket?—xV. Democrat. 

Cross-examination : 

D. Yon did not see h'm ])nt his tickets in the box?—A. No. 

Q. xVnd this fellow Tom Huneycutt—^you don’t know whether there is more 
than one Tom out tliei’e?—A. I do not. 

Q. x\ good many LIuneycutts out there?—A. Yes. 

(It is admitted by attorney for the contestee that there is a good many Huney- 
cutts in Furr Township.) 

(}. xVll you know is you saw one man named Tom have tickets and go in and 
he came out; did you see him go?—A. Yes. 

Q. And you saw him come out?—A. Yes. 

Q. He later told you he voted?—A. Yes. 

Q. So you are swearing what he told you and not what you know your¬ 
self?—A. Yes; I got the tickets. 

Redirect examination: 

Q. I understand you g:ot the tickets and saw him go in the door with those 
tickets?—A. I asked him if he got through and he said he did. 

Q. What precinct was that—what township?—A. That was in Furr Town¬ 
ship, at Stanfield. 


CAMPBELl. VS. DOUGHTON. 


IIGI 


Mr. GTvADY GUEEN testified as follows: 


Direct examination ; 


(). Yon were one of tlie indpres at Stanfield, in Fnrr Township, on November 
2?—A. Yes. 

Q. State if yon know INIiss Bertie Hinson.—A. I know her. 

Q. I believe it is in evidence offered at Big Lick the last day the testimony 
was taken l)y the contestant that INIiss Hinson was deprived of her riglit to 
vote. I wisli yon would state how that was.—A. Y’ell, she came in thei’e and 
wanted to vote, and she had a challenge oil her age. She was too young, and 
she said she was 21 and that she could prove it and left the honse; seemed to 
he mad. Game hack and hronght her mother with her and her mother said 
she was 21. hnt conld not give any dates when she was born or anything about 
it, hnt .inst knowed she was 21, hnt said she conld go home and get the family 
B>ihle and that the dates were set down in the Bible the next day after she 
was horn. They hronght the Bible and i)resented it and the thing showed 
to he a newly written hand in the B'hle. We asked who wrote that, and she 
said Oscar Bratton. We asked her when, and she said about a year ago, and 
we did not deprive h.er of her right to vote, hnt told her we would hear her 
later on and not to block the voting any longer. 

(}. Did yon examine the writing in the Bible?—A. Yes. 

(>. It appeared to be a newly written hand?—A. Yes. 

Q. Ahont wliat is the age of Oscar Bratton?—A. I would .1ndge him to he 
ahont 25 years old, more or less. 

Q. So, then, if this was written in the Bible by O.scar Bratton and written 
the next day after this young lady was horn, he must have written it when 
he was ahont 5 years old?—A. Yes. 

Q. It appeared to be fresh?—A. We questioned it in regard to the hand and 
she said he wrote it ahont a year ago. 

Q. And she admitted she wrote it about a year ago?—A. Yes; her mother 
state<l that it was wr tten the next day after she was horn, but finally she ad¬ 
mitted it was ahont a year ago, 

Q. Do yon know q5)m Hnneycntt?—A. Yes. 

Q. Do yon know what ticket he voted?—A. Republican. 

Q. Do yon know any other Tom in Fnrr other than the one that came with 
Mr. Little and voted?—A. I do not, 

(}. Do you know of any other who was registered?—A. No; I do not. 

(>. I ask yon. as the voters came in to vote, whether the delay was occasioned 
at tiie balhit box or occasioned at the door?—A. Well, we voted them ahont as 
fast as they come in. 

Q. Do yon know anything ahont the delay; it is said at one time R. V/. 
Simpson 'was handling the registration hooks in the absence of IMr. Sossman, 
and it is charged he delayed the voting ahont 20 minutes hunting one name; 
yon know anything about that?—A. No. 

Q. Any such thing done?—A. No, sir. 


Q. 

Q. 

good 

Q. 


not. 


to estimate; there is a 


Cross-examination by Mr. I. R. Buiileson : 

Q. This Tom Hnneycntt; what, for age, man is he?—A. Well, I would .pidge 
between 50 and 00; something like that. 

Q. Yon don’t know the young Tom Hnneycntt?—A. I do 
qOiere is a good many Hnneycntts in Fnrr?—A. Sure. 

Ahont how many?—A. Well, I don’t know how 

iiiaiiy- ... 

Would yon say there is 300?—A. Well, I would judge there is something 

like 200, rough guess. 

Q. How old are yon?—A. Twenty-five \jars old. 

(}. What day of the month?—A. May 27. 

(). Is vonr age in the Bible?—A. Yes. 

Q. Is it in the same Bible it was put in when you were born, so far as you 

() Yon don’t mean to sav the Bible the old IVIrs. Hinson brought, if I un¬ 
derstand right; the old lady brought the Bihle?-A. Both came in; I don t know 

(). Yon don’t mean to say that name was not written the next day aftei the 
girl was horn and rewritten?—A. The writing showed to be newly \viitten. 

Q. But they conld have had that enrolled in an old Bible and put on a new 
Bible?—A. I 'guess they conld have had it done. 


1162 


CAMPBELL VS. DOUGHTON. 


(}. How old (lid tli(' r>il)le look to be?—A. It did not l(^ok to be so very old 
or new. 

A few years?—A. Yes. 

Q. AVbo was it eballenjied this youni? lady ; was it the Democratic rejtistrar 
or poll holder?—A. I don’t renu^inber that. 

Q. Ydio prevented lier from voting??—A. She was not prevented. 

Q. Who denic^d her?—A. IMr. Hathcock, myself, and the rejristrar said we 
would look into her case, 

Q. Slie wanted to vote the Kepnl)lican ticket?—A. I don’t know what she 
wanted to vote. 

(». Her case was not considered, not decided on?—A. No. 

O. She did not s'ct to vote?—A. She never come back. We told her to come 
back later on, the peo])le were crowdintc in there and wanted to vote. 

Q. I believe see presented herself on three different occasions; she c.ame in 
by herself, and then she and her mother, and, third, she and her mother came 
in with the B ble?—A. I think that is ri.aht. 

(). And you did not permit her to vote?—xV. No. 

(}. I believe you stated that you folks voted them about as fast as they came 
in?—A. Yes. 

Q. The voters were around the door trying: to get in all the time?—A. Y^'es. 

Redirect examination : 

O. I ask you if Mrs. Hinson, the mother, stated anything that day about 
tluu-e being an old Bible and tliis being copied from it?—xV. Did not. 

Q. You said there was in the neighl)orhood of 200 Pluneycaitts? You meant 
men, woiium, and children—all?—xV. Yes; the whole Huneycutt family. 

(>. iMr. Burleson asked you if they were not crowded around the door trying 
to get in; I ask you if they did not interfere with each other getting in?—A. 
Sure. 


Recross-examination : 

Q. I believe you had a couple of bailiffs at the door?—A. Yes. 

Q. xVnd tl.’e ba'liffs kei)t them back?—A. Some let them come in at the time; 
if we had iiot they would have tilled the house. 

Q. And it was the bailiffs that kept them back from crowding in on yon 
folks?—xV. The bailiffs kept tluuii from crowding in on the box. 

Mr. R. AV. SIMPSON testilied as follows: 

Direct examination : 

Q. Some question has been raised about the age of IMiss Ih^rtie Hinson and 
her right to vote; state what you know about her age. what records you have.— 
A. The school census for our school district shows she gave her age in to Mr.. 
Rudy or Kudy’s daughter, rather; she was taking the census. 

Q. AA hen?—xV. Either in Sei)tember or October bcTore the election. 

Q. 1920?—A. AT'S. As 20 years old. born in 1899. 

Q. I ask you how that information was transmitted to a’<>u?—A. I told IMiss 
Eudy wlien she completed it that I would help her make out her report, fill out 
the bhuiks. Her father said she would not take it unless I would do that and, 
as cludrman of the school committee, I did that. 

(The cont(^stant objects as to what the census report stated as the report is 
the best evidence within itself.) 

Q. State if Miss Eudy furnished you with a copy of that report when it was 
made out.—xA. Yes. 

Q. la't me see it, please. You are chairman of the Furr District No 3*^—A 

Yes. . . 

i}. Ahui say this census was taken in September or October, 1920?—A. Yes. 

Q. Now, IMr. Sim]>son, it was chargcal by some witness testifying in the evi- 
deiice taken there that you at one time handh'd the registratfon books for a 
while in the temporary absence of the registrar. Mr. Sossman ; and while .vou 
were handling the books you (kdayed the voting by looking for the name of one 
voter on the registration hook, and that you spent from 20 to 27 minutes looking 
foi this name, state how that was. A. I handled the books f(^r IMr. Sossman a 
while, not a great many, and I had trouble in finding one name, “ Mrs. Hath¬ 
cock, but thei e ^^as no delay in the voting while we were looking for that name 
because Miss Huneycutt was in there and helped me look up the name. Mr. 
Sossman came and I called his attention to it and he said lie would find it 


CAMPBELL VS. DOUGHTON. 


11G3 


further on. I was looking for D. M. and it was registered as :\Irs. Johanna 
Ilathcoc'k. 

i}. State while you wei’e looking for this name if you found the names of 
otlier voters who were there and permitted them to vote and pass on,—A. 
Yes; we voted quite a number. Dozen or more. 

Q. State, then, if there was I'eally jiiiy delay on account of looking for this 
name.—A. No. 

Q. She was .simply delayed until her name could he found?—A. The greatest 
trouble I experienced was getting them in there to vote. 

Q. M’as that?—A. They could not get through the door; they were 

.lamming in so they could not hardl.v get them thi’ough. 

Q. State if you went out of the liouse at an.y time and around to the door?— 
A. Yes. 

(}. What condition did you find?—A. I went out as well as I remember .iust 
after 12 o’clock and took the deputy* sherilf with me, they were .iammeii so 
we could not hardly get one in to vote and they were crowded some six or 
eight deep, packed like sardines in a can. We scattered them out. 

(). State if they had their arms locked and in a ring?—A. Yes. With their 
hacks turned and .just pushing them on. 

Q. How (lid that interfere with them getting in at the door i)roper?—A. They 
were so packed the.v could not get in, 

Q, What proportion of this ci*owd .iiimming and packed in did you see were 
Republicans and what lu-oportion Democrats?—A. Well, there were at least 
three to one Republicans. 

Q. State while you were in the house if any distinction was made what¬ 
ever between voting Democrats and Republicans?—A. No: not one. 

Q. State if the officials, in your .iudgment, handled the voters that came 
up to he voted as rapidl.v and expeditiously as they could?—A. I think so. 

Q. State if this crowd had not been at the door whether or not more people 
could have voted at that election?—A. They could. 

Q. State if they had come in orderl.v one at the time and voted and kept 
the door clear if all the voters in Furr Township who were there that day for 
the purpose of voting could have voted?—A. They could. 

Q. The question was asked the other day as to who was in the house at 
various times, whether they were Democrats or Republicans, state while you 
were in there at different times who was in the house and what their politics 
was?—A. Well, there was a good many in there off and on—D. INI. Dry in 
there a Democrat—Tink Huneycutt and Rich Love. Mr. Dan Love, possibly 
half a dozen more Democrats whose names I could not recall now. 

Q. Were there any Republicans in there besides those who were voting— 
A. Yes; Ran Tucker, John Walters, Dan Treece, Jim Treece, Seep Black- 
welder—I can’t remember now .lust who. 

Q. State if there was any distinction made by the election officials as to who 
remained in the building?—A. None whatever. 

Q. State if the Republicans were excluded from the building at any time 
and the Democrats permitted to remain in?—A. I never heard of it, if they 
were. 

Q. State if anybody could stay, if they wanted to, so long as the.v did not 
crowd the polls?—A, That is what I took for granted, so long as they did not 
interfere with the voting. 

Q. Did you see anybody run out of the building?—A. No. 

Cro.ss-exarnination : 

Q. How many Republicans were around the box connected with the elec¬ 
tion?—A. INIr. Hathcock was the only man I know of. 

Q. And he was Republican ixffl holder?—A. Yes. 

Q. And he helped put the tickets in the box?—A. Yes. 

Q, Now, ]\Ir. Simpson, didn’t INfr. Hathcock ask that morning for a Republi¬ 
can clerk to help him?—A, I do not know. 

Q. He did not have a clerk?—A. Not that I know of. 

Q. He was the only Republican around the box connected with the voting 
at any time during the day?—A. So far as I know. 

Q. I believe it was a rainy day, and these people you spoke of were in 
sitting down in order to he out of the rain?—A. Yes. 

Q. Now, Mr. Simpson, Mr. Roe Dry helped to vote them?—A. Not that I 

know of, 

Q. What did he do?—A. Fie was just like the rest of us. 


1164 


CAMPBELL VS. DOUGHTON. 


Q. He wus in there practically all day—in and out—you had no trouble 
getting in and out?—A. No. 

Q. Mr. Iloe Dry had no trouble in getting in when he wanted to?-—^A. Yes. 

Q. IVIiss Huneycutt was in there also; she was a Democrat?—A. Yes. 

Q. Now, iMr. Simpson, the Democrats had a registrar, one judge, one clerk, 
Miss Edna Huneycutt ass-sting the registrar in hunting up names?—A. I don’t 
know what position she occupied ; seemed to he helping them. 

Q. And you assisted them some?—A. Little hit. 

Q. Will you give the names of others that assisted?—A. I don’t nmiemher 
any others. 

Q. Let’s see about tlm door that these folks caim' in at; how wide was that 
door?—A. Hardly as w de as that door back there, I suppose about 8^ feet; 
I would suppose that. 

Q. And you had two bailiffs at the door?^—A. Yes. 

Q. And they were both Dduocrats?—A. No. 

Q. Who were they?—A. AVilliam Barbee was one; he is a Republican; and 
Jess Osborne was the Democrat. 

Q. Now, Mr, S mpson. I want to ask you if you did not manage the registra¬ 
tion hook for about an hour?—A. No. 

Q. About how long did you manage it?—A. Not exceeding 20 minutes in all. 

Q, Will you tell us how many you voted in that 20 m'nutes?—A. I could not. 

Q. About how many?^—A. I suppose I voted maybe 30 or 85; something like 
that. 

(}. Did you not, when you came out, tell them you had voted more in the 
time you had had the hooks than Sossman did in an hour?—A. Don’t think I 

did. 

Q. Didn’t you make a statement immed'ately afterwards that you could vote 
all of those people if you had the hook?—A. I made this remark, that I could 
vote them all if I could control them. 

Q. You did state, when you came out of the house, tlmt you had voted more 
in what time you had the hooks than the other man had in three times the 
same length of time?—A. No. 

Q. You did make the statement that you voted them faster than he did?— 
A. I don't remember. 

Q. D d you or did you not?—A. Can’t say about that, for I do not know. 

Q. But you did say you voted 35 or more?—A, I think I voted about 30 or 
35; something like that, 

(j. Now, the bailiffs at the door would let them in as the one in would go 
<^>u?—A. Just as quick as they would come in .and pass around the corner, 
why, there were tvm others I’eady to come on when they could get them hi. 

Q. Now, you spoke about Miss Hhison ; you don’t know anything about the 
young lady’s age?—A. No. 

Q. Do you know her mother; how long have you known her?—A. Some years; 
I do not know how long. 

Q. And you do not know of anything of your own knowledge about the girl’s 
age?—A. No; I do not. 

Q. You have no reason to doubt the truthfulness of the old lady?—A. No. 

Redirect examination ; 

Q. There were about 650 votes cast in Stanfield?—A. Yes. 

• Q. That vais more than an average of one a minute from sunup to sun¬ 
down?—A. Yes. 

Mr. JESS OSBORNE, recalled, testified as follows: 

Direct exam'nation: 

Q. You were at Stanfield on November 2?—A. Yes. 

Q. State what condition you observed on the outside of the door where they 
entered to vote from time to time?—A. They were crowded up so it was im¬ 
possible to get in. 

Q. State what you mean, it was imposs hie to get in?—A. It was 8 to 10 
deep and pushing and scrouging toward the door; I seen them one time with 
their hacks together pushing. 

Q. State if you saw anybody who had already voted and had gone hack in 
this crowd pushing?—A. I don’t know that I could call the names of the 
persons. 


(CAMPBELL YS. DOUGHTON. 


1165- 


Q. State whetlier or not this crowd prevented the people from gretting in as 
rap dly as they could have done if they had all stayed away and come up in an 
orderly manner into the house? 

(Contestant objects, as it is o])inional evidence; the witness should state tlie 
facts and the court draw the conclusion.) 

The Witness. I think so. 

Q. State whether or not in your opinion, if the voters had not crowded the 
door but had come up in an orderly manner, whether they could have all gotten 
in and voted?—A. I think they could. 

Q. Were you in the house many times yourself observing the vote?—A. Yes. 

(}. State whether or not in your opinion the vot ng was carried on around 
the ballot box as rapidly as the voters came up and could be handled?—A. Yes. 

Q. Where was the delay occasioned, at the ballot box or at the door?—A. Ma¬ 
jor ty was at the door; they crowded the door, and the house was mighty 
dark and they could not see, and they asked them several t mes to give them 
light. 

(.}. State whether you obseu’ved anything on the part of the election ofiic'als 
that delayed the election intentionally.—A, No. 

Cro.ss examination : 

Q. You say the electors were asked to get back out of the door so as to let 
more light in?—A. It was crowded so they could not see in there. 

(>. Did they get ba(‘k out of the door?—A. No. 

(}. They did not get back out on the ground?—A. No. 

Q. So they were already in the door?—A. They were back against the door 
all day. 

(i. The bailiffs had to hold them out—he wanted one to go?—A. When he 
could get them in that way. 

Didn’t you just now swear that they were asked to get out of the door,, 
and they refused to get back?—A. Yes, at times they were on each other’s, 
shoulders and would get two or three men up off the ground. 

Q. They were doing all they could t(- get in to vote, both Democrats and 
Republicans? A. I don’t know what they are doing it for. 

Q. They were trying to get in. were they not?—A. Yes. 

Q. What was it kept them out—was it the bailiffs; did the bailiffs keep them 
out?—A. No. 

Q. If it had not been for the bailiffs would they not have tilled that house 
full?—A, I could not say. 

Q. Tell us your op nion about that; isn’t it your opinion they would have 
crowded around that box so they could not vote at all if it had not been for the 
bailiffs? Didn’t it take the bailiffs to keep them back?—A. No; they helped 
them to get in. 

Q. So if they had taken the bailiffs away they would not have voted?—A. 
Some of them. 

Q. But not nearly so many?—A. I don’t know. 

(}. You are a Democratic deimty sheriff?—A. Yes. 

Q. Now, the electors that were in the door were going to vote. Or wanted 
to?—A. Yes. 

(}. W'hat kept them from going on in?—A. Well, they would get to the door 
and as soon as the others would get out of the way more would get on. 

Q. As soon as those came to the ballot box and deposited their ballots the 
bailiffs would let two others come?—A. Yes. 

(}. You voted for R. L. Doughton?—A. Y^es. 

(}. You were a worker for Mr. Doughton?—A. Yes. 

Q. Mill you tell the court and let it go into the record what was your mis¬ 
sion ; also," the registrar, Mr. Sossman, Grady Green, R. W. Simpson, and 
Claude Smith going to Albemarle on Monday eveir'ng i)rior to the elect on; 
what did you come to Albemarle for?—A. I don’t think I was there. 

Q. Are you being positive about that?—A. Yes, sir. 

State of North Carolina, County of Stmily: 

I, IMrs. John H. Bolton, stenographer in the above hearing, being duly sworn 
as stenograidier for said hearing, depose and upon oath state that tlu‘ above is a 
true and correct copy and transcript of the evidence produced before me, to the^ 


1166 


CAMPBELL VS. DOUGHTON. 


best of my knowledge and ability as stenographer, and included with said tran¬ 
script are all exhibits placed in my custody. 

Tliis the 19th day of May, 1921. 

Mrs. Jno. H. Bolton, 


Sworn to and snl)scribed before me this the 19th day of May, 1921. 


[ SEAL. ] 

My commission expires the — day of April, 1922. 


C. E. (Joocii, 
Notary Public. 


State of North Carolina, Coimty of Stanly: 

I, Will Cotton, a notary public in and for the aforesaid county and State, as 
commissioner of testimony in the hearing of James I. Campbell, contestant, and 
Robert L. Doughton, contestee, do hereby certify that the above transcript of 
the evidence by Mrs. John 11. Bolton, as stenographer, is a true and correct copy 
of the evidence produced before nu' as commissioner of testimony. 

This IMay —, 1921. 

W. L. Cotton, 

Notary Public. 

IMy commission expires the 22d day of IMay, 1922. 


North Carolina, Roiran County: 

In the matter of J. I. Campbell, contestant, v. Hon. Robert \a. Doughton, 

contestee, 

I, Mrs. J. D. Dorsett, notary and commissioner of testimony in the above- 
entitled action, do hereby certify that the witnesses whose names are hereto 
attached were duly sworn and examined before me, their evidence written and 
hereto attached, the same l)eing a true and correct report of the same. 

Witness my_hand and seal this the 17th day of June, 1921. 

[SEAL.] Mrs. J. D. Dorsett, 

Notary ay\d Commissioner of Testimony. 

IMy commission expires November 29. 1922, 


TESTIMONY FOR CONTESTANT IN REBUTTAL. 

Rebuttal in tbe hearing of above-entitled cause opened and held in the county 
courthouse in the city of Salisbury, N. C., at 11.30 a. m., Wednesday, May 4, » 

1921. 

Mrs. J. D. Dorsett, notary public, under her official commission and oath as ' 
notary public, sitting as commissioner of testmony; Miss IMarie Shank, court J 
reporter, being duly sworn. J 

Present on behalf of contestant: James I. Campbell, in his own proper person ; | 

Attorneys J. M. Waggoner and W. L. Campbell. ^ ^ 

Present on behalf of contestee: Robert L. Doughton in his own proper per- j 
son ; Attorneys Walter H. Woodson, Kerr Craig, and P. S. Carlton. 1 

When and where the following proceedings were had : J 

IMr. E. C. SHAVER, a witness introduced by the contestant, being first duly 
sworn, testified as follows : 

Direct examination by Mr. J. IM. Waggoner: 

Q. Mr, Shaver, you were one of the Rei)ublican judges in the election on Jl 
November 2, 1920?—A. I was. 

Q. What precinct?—A. IMorgan. No. L « 

Q. Do you know how Luther Casper voted?—A. Yes, sir; I think I do. m 

Q. How did he vote?—A. r>emocratic ticket. '5 

Q. Well, do you know that he was challenged in Mr. Doughton’s answer and * 
complaint?—A. Yes, sir. 

Q. And alleged to be a Republican and to have voted a Republican, ticket?— 

A. Yes, s’r; that is the list I got anyway. J 

Q. You know he did vote the Democratic ticket?—A. He did vote the Demo¬ 
cratic ticket. 

Q. What do you know about John Stoker?—A. Well, he was also on the V 

Republican- * 

Q. He was challenged by Mr. Doughton?—A. Yes, sir. 



CAMPBELL VS. DOUGHTOIT. 


1167 


Q. As havinj; voted the Ueimhlieaii ticket?—A, Yes, sir. 

Q. Lor what reason do yon know he was challenged?—A. Nonnaynient of 
poll tax. 

Q. Do yon know how he voted?—A. Absentee. 

Q. What ticket? A. Democratic ticket; s.’gned np by Cranford, manager of 
the chain-gang camp in Stanley County. 

Q. Did he ever live in Alorgan Township?—A. No, sir; his father lives there, 
and he never has made it h.s home. In fact, he was drafted as a soldier froiii 
Stanley County. 

Q. Do yon know if Augusta Basinger was challenged by Mr. Donghton?—A. 
Yes, sir. 

Q. Yon have smi the cerfticate that was made by her son, C. L. Basinger?— 
A. Yes, sir. 

Q. Do yon know how Augusta Basinger voted?—A. I do. 

Q. ]Io^v did she vote?—A. The llepnhlican ticket. 

Q. Do yon know who Augusta Basinger is?—A. I sure do. 

(}. Wdio is she?—A. Widow of Cal Basinger. 

Q. A lady?—A. Yes, sir. 

Q. Do you know how old she is?—A. Wdiy, she is right about between 65 
and 70. 

Q. Do yon know wliere she lives?—A. She Eves there at the old home place. 

Q. What township?—A. Morgan Township, precinct No. 1. 

Q. I have a certificate here in my hand, Mr. Shaver, an affidavit made by 
C. L. Basinger; that is her son, isn’t he?—A. Yes, sir. 

Q. I will read this affidavit into the record : 

“This is to certify that T, C. L. Basinger, the undersigned, am the son of 
IMrs. Augusta Basinger; that she voted in the general election November 2, 
n920; that she is 68 .vears of age; that her property is all in IMorgan No. 1 
precinct, in wh ch she voted; that her home is and has been all her life in 
what is now this precinct; and that she has never considered any other place 
her residence, and has only been out of this precinct for a few months at a 
time while visiting her children. 

“ C. L. Basinger. 

“ Subscr bed and sworn to before me this 2d day of IMay, 1920. 

[SEAL.] “ J. M, W’AGGONER, 

“ Notary PublicN 

Q. You can swear to her res dence, can’t you, JMr. Shaver—to Augusta 
Basinger’s residence?—A. I am going to tell you exactly how it was. IMrs. 
lias nger was liv ng—her children all marred off and left her. and she stayed 
there a good wh le by herself. Finally she made her home around among her 
children. She would go to one place and stay a little wh le and then another 
place for a little whde and then to her son’s for a little while. 

Q. Has she ever broken up her home and sold out?—A. No; they tell me her 
property is still there. 

Q. Her son lives at the old home place?—A. No, sir; her son is liv ng there 
with her now, hut not C. L, Basinger. He 1 ves a little piece from where she 
lives. 

Q. Mr. Shaver, how old is L. IM. Troutman?—A. Well, he was drafted to go 
to the war. I just don’t know detin’tely his age, hut he is something over 21. 

Q. Do you know how old James B. Sluiver is?—A. Why, Mr. Ogle can testify 
to that. He knows his age. 

Q. D’d Mr. Shaver tell you his age; that he was 21 in September?—A. Nine¬ 
teen what? 

0. N neteen hundred and nineteen.—A. He wasn’t enftled to pay a poll tax, 
is what he said. 

Q. Not liable for poll tax?—A. Yes, sir. 

Q. Do you know Mr. Lisk? Neely Disk was a nonres’dent?—A. Well, IMr. 
Bean was working for Mr. Duke IMorgan out here, and Mr. Duke Morgan had 
been moved up here for something like 12 months, or probably longer than that. 
They came down to our precinct to vote, and I challenged Mr. Duke Morgan 
on the day of election. 

Q. And how many others?—A. Mr. Duke Morgan and his wife and his son 
and his wife and Mr. Bean. IMr. Morgan and his wife and his son and his 
wife voted the Democratic ticket and Mr. Bean voted the Republican t.cket. 


1168 


CAMPBELL VS. DOUGEITOjST. 


Q. Had they been all together up here at work somewhere?—A. Yes, sr; 
somewhere about Spencer, where they bought some property from Mr. Tom 
Johnson, 

Q. You challenged the whole hunch of them?—A. Sure. I challenged Mr. 
Kean, too. I told him. I didn’t think he was entitled to vote. 

Q. Out of the nunmher that you named, how many voted for Dr, Camp¬ 
bell?—A. Well, only one; ]\Ir. Bean. 

Q. Did the others vote for Mr. Doughton?—A. Why, yes; I guess so. Tliey 
voted a straight Democratic ticket. 

(}. Who were they? .Just name them.—A. Duke Morgan and his wife and 
Fred Morgan and his w'fe. 

Q. Is that all?—A. All that voted from up there? 

(}. Yes, sir.—A. INIr. Kean; he voted the Republican ticket. 

Q. Mr. Sluiver, how many absentee votes were cast in Morgan precinct. 
No. 1?—A. Thirteen, I think it was, if I am not mistaken. 

(}. How many of them were Democrats?— A. Tliey was all Democrats, 

Q. They voted for Mr. Dougliton?—A. AVhy, sure; yes, sir. 

Q. In what way were those absentee tickets sent in?—A. Well, I don't know 
how they were sent in ; they was there. 

Q. How were they voteil?—A. They voted—I don’t understand what you 
mean. 

(y AVere the absentee tickets that were sent in and voted that day—were 
they people who were not residing in the precinct?—A. Some vras and some 
wasn’t. 

Q. .lust name those that were in the precinct.—A. I don’t know whether I 
can or not. 

Q. AA’as Early IMorgan one of them?—A. He wasn’t in the precinct at that 
time. He had left about 12 months before that; been at Llylesville. 

Q. AVas that his home?—A. He moved down there, him and his wife and 
family, and IMr, AAdiitley, his father-in-law, all moved down to Lylesville 
and never moved back until last winter. 

Q. AA'hat about Polly IMorgan?—A. Polly Morgan? 

(). A>s, sir.—A. AAdiy, she voted absentee. 

Q. Did she live in the precinct or out of it?—A. She was Early Morgan’s 
wife. 

Q. She voted for IMr. Doughton?—A. Sure; yes, sir. 

Cy Hardy AA'hitley?—A. That was one of the children that lived at 
I.ylesville. Early Morgan and Polly IMorgan and Hardy AAdiitley, and I don’t 
know whether I can call them all or not. Just thrt'e of them that moved to 
liylesville. 

ly AA^hat do you know about Arch Frye?—A. AAMiy, he was working at 
High Point, 

Cy How long had he been there?— A. AA'ell, he had been there, I just really 
don’t know how long, but some little while; right smart time. 

Q, xVbout how long?—A. I expect Mr. Eagle can tell you more as to the 
exact time than I can. I just don’t know. 

(y Is Miss Essie Barker a resident of your precinct?—A, No, sir. She is 
work'ng at Albemarle. They voted her absentee. 

Q. How long had she lived at Albemarle?—A, AA'ell, she has been working 
at Albemarle, I really don’t know, but for a couple of years, as well as I 
recall. 

Q. How did she vote?—A. Democratic ticket. All those absentees voted 
Democratic. 

Q. John Stoker?—A. fie has never been a resident of Rowan County even. 
I would not be afrahl to make the oath that he has never been in Rowan 
County 60 days in his life. 

(}. Do you know how he voted?— A. Yes, sir; Democratic ticket. 

(>. And for IMr. Doughton?—A. Sure; yes, sir. 

(y How did IMandy IMorgan vote?—A. Democratic ticket, 

Q. .Absentee?—A. Yes, sir. 

Q, AA’as she living at the precinct at the time?—A. Yes, sir. 

Q. D'd a doctor’s certiticate accompany her vote?— A. No, sir. It was 
signed up by Joe Miller—.Toseph A. IMiller. 

Q. Is he a doctor?— A. No. A justice of the peace. 

Q. AVell, now, about Airs. Edith IMorgan?—A. She was signed up with Mil 
M iller. 

Q. Did slie have a doctor’s certificate?—A. No, sir; signed by Mr. Miller. 


CAMPBELL VS. DOUGPITON. 


1169 


Q. Catherine I*arker?—A. Hers the same way. 

Q. Were Catherine I’arker and Mary Jane Parker in the precinct?—A. Sure. 

Q. How did they vote?—A. Democratic ticket. 

Absentee?—A. Yes, sir. 

Q. Did a doctor’s certiticate accompany their vote?—A. No; they were 
signed up by Mr. Miller. 

Cross-examination by INIr. Waltek Woodson : 

(}. You say IMr. David J. P>ean voted the Rei)uhlican ticket?—A. Yes, sir. 

Q. Augusta Basinger voted the Republican ticket?—A. Yes, sir. 

Q. For Dr. Campbell?—A. A straight Republican ticket; I guess so. 

Q. Did you look at the ticket to see whether it had Dr. CampbeH's name 
on it?—A. I didn’t go over the list of names. In count.ng out the ballots, 
they all ran the same. There wasn’t but three tickets scratched in the whole 
township. Everybody that voted voted a straight ticket. There wasn’t but 
three t ckets scratched. 

(}. What were they?—A. I don’t remember. One was commissioner’s. L 
know the man that scratched it. 

O- You mean ever.v man running got the full number of votes?—A. Every' 
man got the full number of votes; that is. ran the same. Democrats and Re¬ 
publicans. There was a ftnv r>emocratic tickets scratched. 

(). Any Republican tickets .scratched?—A. I don’t th nk there was. 

How did Dr. Cami)beirs vote there comi)are with the other Republicans^ 
running?—A. They ran about the same. 

Q. You don't know .iu.st what the number was?—A. Why, the Republican’ 
vote was Kll or 162, I think, best of my .iudgment. 

Q. W'hat was Dr. Campbell’s vote?—A. It was the same. 

Q. Ran exactly the same?—A. Yes, sir; about the .same. And the Democratic 
ticket Avas 114, as well as I recall it. 

Q. I believe you said that Mrs. Augusta Bas nger lived around in Stanley 
County with her children?—A. Why, she lives with some of her children. You 
know how old ])eoi)le generally do when their children are all married off. 
She would stay with one awhile and another awhile. 

Q. In Stanley County?—A. No. Her son is in this precinct. 

Q. She stayed with him as much as any of them?—A. Yes, sir. 

Q. How many of them are living in Morgan Township?—A. Only one. 

Q. How many in Stanley County?—A. Let’s see—two, I think it was. 

Q. Plasn’t she got but three children?—A. Yes; but one is at Gold Hill. 

cy. Does she stay with her?—A. Yes, sir. 

Q. She stays six months or a year at each place?—A. No; a couple of weeks; 
maybe a month. 

Q. Most of her time in Stanley County?—A. Part of the time in Stanley 
County and part in Rowan. John Casper’s wife, and Mrs. Morgan, at Ridge- 
ville. and Duke, at Baden. 

Q. She was around at all those places?—A. Yes, sir. 

Q. Just like Duke Moi-gan had been living down at Miller’s Ferry for a 
year?—A. That was his home. 

Q. Do you know if Mr. Lee Morgan lived at his house? Wasn’t he at a lum¬ 
ber camp doing some sawing temporarily?—xV. Two or three years. 

(y He has l)een a citizen of your county ever since you have?—A. He has 
until he moved awa.v. 

(). He was iii) here at a lumber camp at the edge of East Spencer sawing 
some lunil)er?—A. Ye.s, sir. 

Q. And A’ou challenged his vote?—A. No. 

(y And thev challenged Bean?—A. No; I challenged him. 

Q. You said awhile ago you challenged Duke Morgan and his son and their 
wives?—A. Yes, sir. 

(). And they challenged Mrs. Basinger?—A. They didn’t challenge her elec¬ 
tion day. 

Those voters were entitled to vote somewhere?—xV. Sure. 

(y Duke Morgan has always voted in Morgan Township?—A. Yes, sir. He 
has been voting; A'oted two years ago. 

Q. How about Stoker?—xV. He has never been a resident of Rowan. 

Q. You know liim personally?—A. Yes, sir. He lives there—my neighbor. 

(>. You said you would swear he had never been a resident?—xV. I wilL And' 
I can get a dozen others to swear. 


57695—21 


■74 



1170 


CAMPBELL VS. DOUGHTOI!^^. 


Q, Then, what do you mean by saying he lives around in that neighborhood? 
How do you know him?—A. Well, I have known him ever since—I don’t know 
how long. 

Q. Did you know him in Morgan Township or up in Salisbury Township?— 
A. I know him by his brother Alec. His brother Alec stayed at my house for 
four years, and I visited him in Stanley County. I went with Mr. Alec Stoker 
down there, and then his father bought a farm adjoining my place. 

Q. In Morgan Township?—A. Yes, sir. 

Q. Rowan County?—A. Yes, sir. 

Q. Those boys’ father?—A. Yes, sir. 

Q. Is John married?—A. No, sir. 

Q. And that is his father’s home right adjoining you?—A. Y'es, sir. He has 
been in Stanley County guarding convicts ever since I have known him. 

Q. Like Mrs. Augusta Basinger, has been down there visiting her children?— 
A. Yes, sir; she has been down there. 

Q. And Stoker has been down there guarding a chain gang?—A. Sure. 

Q. He goes down to visit his father?—A. Maybe once a month. 

Q. You see him when he goes?—A. Sure. 

Q. He has got a room in his father’s house?—A. No. I never knew it if he 
has got one. 

Q. Do you know that he hasn’t got a room in that house?—A. If there is 
any, I never heard no tell of it. 

Q. He has got a trunk there?—A. No. 

(-i. I>o you know it?—A. I know he has not got a trunk there. 

Q. Do you know whether he keeps any clothes there?—A. I don’t suppose 
his mother- 

Q. Do you know whether he keeps his clothes at his father’s house?—A. Why, 
he may have some old shoes or a pair of breeches. I don’t know about that. 

Q. An old pair of shoes?—A. Yes, sir. 

Q. And an old hat?—A. Yes, sir. 

Q. And an old shirt?—A. Yes, sir. 

Q. And he may coivsider his father’s home his home? Like a lot of th ' ^ 
boys that work around and come back home. Just answer that. Work a’’^ 
and go to school and come back home.—A. Yes, sir. He was drafte-'r^ , 
Stanley County. 

Q. That don’t make any difference; where their mother and father li ( ^ 

boys consider their home?—A. Some of them. •>’" ^ 

Q. Don’t most of them?—A. Well, yes. Mr. John Stoker, when I challenged 
h s vote on the day of election the registrar stated that he was passing by 
from Thomasville to Stanley County, and he asked Stoker where was he going 
to vote and put his name on the registration book. His father has been 
living there for the last, 1 reckon, eight years, and it is the first time he ever 
attempted to vote in Morgan Township. And the registrar said he was on 
the way from Thomasville to Stanley County when he put his name on the 
registration book. 

Q. Did he say it to you?—A. At the polls. 

Q. To you?—A. Yes, sir. 

Q. What did he say?—A. He said he was passing from Thomasville to Stanley 
County. 

And what?—A. And registered him. He voted absentee. 

Q. He could have come up and spent Saturday and Sunday and registered 
just the same?—A. I don’t know about that. 

Under what circumstances did you register? You say he was passing from 
Thomasville to Stanley County when he registered. What were the circum¬ 
stances when you registered?—A. I registered back yonder under the grand¬ 
father clause. 

Q. Were you on your way between two places?—A. No; I was born and 
raised- 

Q. You had to go hunt the registrar? Go to his house?—A. I don’t know 
whether his house or the polling place. 

Q. And you registered?—A. Sure. 

Q. Just like Stoker? Now, Miss Amanda Morgan, old Unde Charlie Mor¬ 
gan’s daughter, she is an old lady?—A. Fairly old, 

Q. And sickly?—A. Yes, sir; sickly. She has not been able to be out. 

Q. Her absentee vote was signed by J. A. Miller, justice of the peace?—A. 
Big Joe. 

Q. Signed up by a magistrate?—A. Yes, sir. 




CAMPBELL VS. DOUCxHTON. 


1171 


Q. Wasn’t that certificate about her sickness? 

(Dr. Campbell, through his counsel in open hearing, withdraws all objection 
to the votes of Miss Amanda Morgan, Mrs. Edith Morgan, and Mrs. Catherine 
Parker.) 

Q. Now, one other thing. Miss Essie Parker, did her folks live in Morgan 
Township?—A. No. 

Q. Any of her folks?—A. Why, she did stay with her cousin, Zora Curtis. 

Q. Where was she raised?—A. Down in Morgan Township. 

Q. Now, these men, L. M. Troutman and James D. Shaver, you are not cer¬ 
tain of their age, of your own knowledge?—A. Not more than I inquired 
about it. 

Q. Where are those boys?—A. They live right down there. They was to be 
up here to-day. I don’t know why they haven’t come. 

Q. You don’t know of your own knowledge about their age?—A. Not more 
than what I was told. 

Q. They are in the township?—A. Yes, sir. 

Redirect examination by Mr. Waggonkk : 

Q. This man John Stoker, you don’t know if he voted in Stanley County 
also?—A. No, sir. 

Q. You say he had never voted in Rowan County before this time?—A. 
No, sir. 

Q. In your precinct?—A. No, sir. 

Recross-examination by Mr. Woodson : 

Q. Stanley is in the same congressional district as Rowan?—A. Sure; yes, sir. 

Mr. CALVIN D. EACI.E, a witness introduced by the contestant, being first 
duly sworn, testified as follows: 

Direct examination by Mr. Waggoner : 

Do you know L. M. Troutman?—A. Y^es, sir; I know him. 

She you know how old he is?—A. No ; I don’t. 

O ^ young man, isn’t he?—A. Yes, sir. 

() know about near 21 he is?—A. No; I don’t. 

O D* know .lames 1). Shaver?—A. Yes. sir. 

v,.''* --'you know about how old he is?—A. Twenty-two last September. 

Q. 191.0?—A. Yes, sir. 

Q. That would make him 21 in September, 1919?—A. Y’'es, sir. 

Q. Mr. Eagle, Mr. Lisk—Neely Lisk—testified that you were a nonresident 
and voted in Morgan Township, precinct No. 1, and voted the Republican ticket. 
Were you a resident of Morgan Township, precinct No. 1, on November 2, 1920?— 
A. Yes, sir. 

Q. Did you ever leave there?—A. No. 

Q. And move your home?—A. No; I never moved it. 

(). You have lived there all your life?—A. Ye.s, sir. 

Cross-examination by Mr. P. S. Carlton : 

Q. You don’t know when James E. Shaver was born, do you?—A. I know 
his mother and folks said he was two months, to the very day, older than I 
am, and I know my age. 

(). W’ho told you that?—A. He told me many a time himself, and his mother. 

(). S nee this election contest has been on?—A. No; before that. I have been 
knowing his age ever .S'ince he was a little boy. He is a second cousin to me. 

(). How old are you?—A. Twenty-two last November. 

(). Are you married?—A. Yes, s r. 

Q. \\’hen?—A. January 2G; last January a year ago. 

(). 1920?—A. Yes, sir. 

Q. Where does your wife live?—A. At what time? 

Q. When you married her?—A. She lived m Morgan Township; upper pre¬ 
cinct. 

Q. Where were you living when you married her?—A. I had been at work over 
at High Point. 

Q. How long had you been working at High Point?—A. I don’t know; about 
two months. 

Q. That was ])rior to the time you married?—A. Yes, s r. 

(). After you married where did you live?—A. I stayed around home about 
a month; nearly two months. 


1172 


CAMPBELL VS. DOUGHTON. 


Q. Then went back to High Point?—A. Yes, sir. 

Q. Went hack in March, 1920?—A. Yes, sir. 

Q. You took your wife over there?—A. Yes, sir. 

Q. Did you keep house or hoard?—A. Boarded. 

Q. How long did you work over tliere tlien?—A. About five months. 

Q. That would run it up to August?—A. Yes, sir. 

Q. Where did you go then?—A. Went hack to Morgan Township. 

Q. What became of your wife?—A. She went too. 

Q. So, after you were married, until August, 1929, you lived in High Point? 

A. Yes, sir. 

Q. That was your home? You hoarded over there?—A. Yes, &*ir. 

Q. Wasn’t that your home prior to August, 1920?—A. Y"es, s.r. 

(,). And your wife’s home?—A. Yes, sir. 

Q. And in August, 1920, you moved hack to Morgan Township—that is right?— 
A. Yes, sir. 

Q. So, in the November election, 1920, you hadn’t been hack in INIorgan Town¬ 
ship four months, had ycm?—A. No, sir. 

Redirect examination by IMr. AVac-gonek : 

(}. Now, Mr. Eagle, did you move your home to High Point, or did you con¬ 
sider your home in Alorgan Township your home?—A. I just went ver there to 
work awhile, 

(>. .lust over there temporarily?—A. Y^es, sir. 

(^. AA’ho else was over there from Morgan Township with you?—A. Nobody 
right with me, hut a fellow over there at the same time. 

Q. AA’asn’t Air. Arch P^'rye over there?—A. Yes, sir. 

Q. How long had he been over there?—A. I don't know the exact time. He 
was over there before I was. 

Q. He came hack and voted?—A. Yes, sir. 

Q. Democratic ticket?—A. Yes, sir. 

Q. And while you were in High I?oint, Air. Eagle, d’d you move all your 
belongings from Alorgan Township, or did you have yo\ir things hack in Alorgan 
Township?—A. I just carri('d what I needed. 

Q. You considered Alorgan Township your home?—A. Y^es, sir. 

Recross-examination by Air. Carlton : 

Q. AA’liat kind of i)roperty did you have when you got married and went to 
High Point?—A. Has that got anything to do with a man’s residence, what 
I>roperty he leaves behind? 

i}. You didn’t have any household goods down here? Y"ou hadn’t been keeping 
house?—A. No; I was a single man; just married. I didn’t have anything. 

Q. You took your wife and all you had over to High Point?—A. Not every¬ 
thing. 

Q. AA'hat did you leave behind?—A. Well, I just don’t exactly' know every¬ 
thing. 

Q. How came you to cpiit work at High Point?—A. I got out of a job. 

Q. You lost your job?—A. Yes, sir. 

Q. And went hack to Alorgan Township?—A. Yes. sir. 

Q. And that was within four month’s of the election?—A. Yes, sir. 

Re-red:rect examination by Air, AVaggoner : 

Q. Did y(m leave all your wife’s household goods in Alorgan Township whea 
you went to High Point?—A. \"es, sir. 

Q. And your buggy?—A. Yes, sir. 

Re-recross-examinatlon by Air. Carlton : 

(}. That was the property your wife got from her father?—A. No; I got a 
bugg.v of my own, 

Q. Why (iidn’t you sell it?—A. I just didn’t want to. 

(b You still own the buggy? 

R{'-redirect examination by Air, Waggoner: 

(b Y'ou knew you were coming hack, and that was why you kept your buggy?— 
A. Yes, sir; I was expecting to come hack. 

Re-recross-examination by Air. Carlton : 

Q. If you hadn’t lost your job you would have stayed in High Point?—A. I 
guess so. ' ' ’ 

Q. And would have been there at the time of the election?—A. Y"es, sir. 


CAMPBELI. VS. DOUGtITON. 


1173 


Mr. C. \V. ORAHAINr, si witness introduced by the contestant, being first duly 
sworn testified as follows: 

Direct exaininafon by ^Nlr. Waggotsw.r : 

Q. iNIr. (fraliain, yon were one of the judges in tbe November election?—A. 
Yes, sir. 

(}. In Rost Mill precinct?—A. Yes, sir. 

(>. Itowaii County?—A. Yes, s r. 

Q. Do y(ui know K. E. Cress?—A. Yes, s’r. 

Q. I wish yon would just read that affnlavit there that be makes. Do yon 
know that 11. E. Cress was challenged for the nonpayment of poll tax, Mr. 
Graham?—A. I know that I bad a list with bis name on it. 

Q. He was cballenged by Mr. Dongbton?—A. T suppose so. 

Q. For tbe nonpayment of poll tax?—A. Yes, sir. 

He was cballenged in tbe bearing for tbe nonpayment of poll tax?—A. I 
suppose so. 

“ This is to certify that I voted in tbe general election, November 2, 1920. at 
tbe Rost INIill precinct. Rowan County, N. C., and that I became 21 years of age 
August 8, 1919. R. E. Cress. Subscribed and sworn to this 4th day of May, 
1921. J. INI. Waggoner, notary public.” 

Q. Do you know C. .1. Correll?—A. l>s, sir. 

(}. Do you know that be was cballenged in the bearing by ]\Tr. Dongbton for 
tbe noni)ayment of poll tax?—A. \"es, sir; bis name was on tbe list be gave me. 
Q. (Hands witness pa]>er.) What year is that tax receiib for?—A. 1919. 

Q. Does it show that be paid his poll tax?—A. December 20, 1919. 

Q. Now, do you know J. F. Rroadway?—A. Y'es, sir. 

(.). This is a tax receii)t for what year [bands witness receiptl?—A. 1919. 

Q. Does it show that be paid poll tax?—A. Yes, sir; December 30, 1919. 

Q. Do you know that be was cballenged also for tbe nonpayment of poll tax 
in tbe bearing by INIr. Dongbton?—A. Yes, sir. 

Q. Do you know E. A. IMcDaniels?—A. Yes, sir, 

Q. Do you know that he was cballenged by Mr. Dongbton in his hearing?— 
xV. Y"es. sir. 

Q. That is a tax receip't for what year [bands witness receiptl ?—A. 1919. 

Q, When does it show be paid bis i)oll tax?—A. December 10, 1919. 

(). Do you know that A. H. Rroadway was also cballenged for tbe non¬ 
payment of poll tax?—A. Yes, sir. 

Q. That tax receipt is for what year?—A. 1919. 

Q. AVben does it show be paid bis poll tax?—A. February 8. 

O. 1920?—A. 1920. 

O. Did you know M. E. Petrie?—A. I think I do; yes, sir. 

Q. Do you know what ticket be voted?—A. He voted tbe Democratic ticket. 
Q. And voted for IMr. Dongbton?—A. Yes. sir. 

Q. T. H. Holman?—A. Tom Holman, be goes by the name of. 

Q. Do you know what ticket he voted?—A. Democratic. 

Q. For'Mr. Dongbton?—A. Yes, sir. 

Q. L. A. Royer?—A. Yes, sir. 

Q. What ticket did be vote?—A. Democratic ticket. He scratched Sheriff 
Crowder. 

Q. He voted for Mv. Doughton?—A. Yes, sir. 

Cross-examination by Mr, Woodson ; 

0. ]\Tr. Graham, this receipt from C. J. Correll is paid in Steele Township?— 
A. Yes, sir, 

Q. Where does be live?—A. Right above me that year. He moved last year. 
He lives here in town now. He is janitor of tbe schoolhoiise. Y^ou can have 
Iiim here in person if you desire. 

Q. This receipt is paid in Steele Township?—A. Yes, sir. 

Q. Do you know why ,vou didn’t have him subpoenaed instead of you testifying 

for him?—A. Why, be was here. . . ^ 

Q. Do you know why Dr. Campbell is having you testify for him instead of 

having him? • , -x, 

Dr.'c.VMPiumL. Ylay T answer you? I hope you wont fill up my record with 
f]uestions like this. There is no necessity of his being here. Won can t sub* 
plena ofXl men. 

Q. You don’t know why you are testifying instead of having him come and 
testifv?—A. I am not supposed to know. 

Q. J. F. Rroadway has paid in Steele Township?—A. I believe it is. 


1174 


CAMPBELL VS. DOUGHTON. 


Q. E. A. McDaniels?—A. It is marked Steele Township, too. 

Q. And A. H. Broadway, that is marked Steele Township?—A. Yes, s r. 

Q. I believe you were judge in Ijocke Townshi]), Bost INIill? A. Yes, s.i. 

Q. Kei)uhlican judge?—A. Yes, sir. 

Q. You say you examined I\I. E. IVtrie's ticket?—A. Yes, sir; I put all the 
tickets in the box. I was the man that put them all in. 

Q. You say M. E. Petrie voted the Democrat^' ticket?—A. Yes, sir. 

Q. Did you notice whether he voted for a Congressman? A. Yes, sir. 

Q. AVhich one?—A. Mr. Doughton. 

Q. T. H. Holman: whnt ticket did he vote?—A. Democratic ticket. He is a 
colored man and ‘s the only one that voted at our precinct. 

Q. You found one colore<l man who voted the Democratic ticket in your 
county?—A. The only colored man that voted in our precinct at all. 

Redirect examination by Mr. Waggoner : 

Q. Now, Mr. Graham, A. H. Broadway—do you know where he was living 
May 1. 1019?—A. Steele Township. 

Q. When did he move into Locke Township?—A. INIoved there last spring. 

Q. 1920?—A. Yes, sr. IMr. .John Hark'ns’s place; right hack of my house. 

Q. Do you know whether E. A. McDaniels was living in Steele Township 
May 1, 1919?—A. Yes, sir. 

(}. M'hen did he move into Locke Township?—A. The same fall. 

Q. The fall of 1919?—A. Yes, sir. 

Q. Mr. Graham, now here is C. J. Con-ell and J. P. Broadway—dhl they also 
move into your precinct in Locke Township?—A. Yes, sir; Mr. Broadway moved 
down here. He is mail carrier. Route 5. Lives out here. 

Q. C. J. Correll—was he living in Steele Township at tax i-eturning time?— 
A. Yes, sir, 

Q. When did he move?—A. Pall of 1919. 

Q. The same thing applies to J. P. Broadway?—A. Yes, sir. 

Mr. R. E. CRESS, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by iMr. AA’aggoner : 

Q. Your name is R. E. Cress?—A. Yes, sir. 

Q. AMien did you become 21 years of age?—A. August 8, 1919. 

Q. AVhat precinct did you vote in?—A. Bost Mill. 

Cros.s-exam nat on by Mr. AVoodson : 

Q. How long have you lived in that township?—A. Born and raised here. 

Q. You have been living in Bost Mill precinct all your life?—A. Yes, sir. 

Mr. GEORGE E, TREXLER, a witness introduced by the contestant, being 
first duly sworn, testified as follows: 

Direct examination by Mr. AA^aggoner: 

Q. Mr, Trexler, you were one of the judges in the November election?—A. 
•No, sir. 

Q. AA’ell, you are a resident of INIorgan Township?—A. Precinct No. 2. 

Q. I>o you know Carley AATlliams?—A. Yes, sir. 

Q. Do you know his initials?—A. J. C. 

Q. Is there another J. C. AATlliams in that precinct?—A. Not to my knowing. 

Q. He is the only one down there by the name of J. C. AVilliams?—A. Yes, sir. 

Q. And his given name is Carley?—A. Yes, sir. 

Q. He was challenged by Mr. Doughton in his hearing for the nonpayment of 
poll tax. I ask you to state-A. I haven’t my glasses and can’t see. 

Q. Mr. Trexler, do you know INI. L. Agner?—A. I do. 

Q. Do you know that he was challenged in INIr. Doiighton’s hearing for the 
nonpayment of poll tax?—A. Yes, sir. 

Q. He lives in your township?—A. Yes, sir. 

Q. r>o you know G. Ij. Basinger?—A. Yes, sir. 

Q, Do you know he was challenged in Mr. Doughton’s hearing for the nonpay¬ 
ment of poll tax?—A, Yes, sir, 

Q. Grover Lee Basinger is the same name as G. L. Basinger?—A. Yes, sir; 
the only one I know down there by those initials. 

Q. AVilliam H. Morgan?—A. Yes, sir. 



C’AIMPBELL VS. DOUGHTON. 1175 

Q. Do yon know lie was clialleiijjed in Mr. Doiigrliton's hearing for the non¬ 
payment of iioll tax?—A. Yes, sir, 

Q. .Did yon know he has I ved there all his life?—A. Yes, sir. 

(Tt is admitted hy eontestee, thronjrh his attorney, that the receipts for the 
taxes for the above gentlemen, whose names have been testified to. are bona 
tide, and that they were entitled to vote in the November election, INIorg-an Town¬ 
ship. precinct No. 2.) 

(No cross-examination.) 

l\rr. G. C. STTREWAT,T. a witness introduced hv the contestant, beine first 
(Inly sworn, testified as follows; 

D rect examination by Mr. Waggonek ; 

Q. Mr. Stirewalt, yon are the father of G. L. Stirewalt?—A. Yes, sir. 

Q. Mr. Donp:hton, in his hearinjr, challeng'ed G. L. Stirewalt for the nonpay¬ 
ment of poll tax?—A. Yes, sir. 

Q, Now. do yon know yonr son’s age?—A. Yes, sir. 

O. Y hat is his age? When did he become 21?—A. He became 21 September 
20, 1919. 

Q. He returned his poll tax for 1920?—A. Yes. sir. 

O. He didn’t heeome 21 until September 29, 1919?—A. No, sir. 

(No cross-exam nation.) 

(The hear ng takes an ad.lonrnment until 2 p. m.) 

At 2 p. m. the hearing is I’esimit'd and the following proix^edings had ; 

I'Fr. .1. A. Y’TNEGOFF a ivitness introduced by the contestant, being first 
duly sworn, testified as follows; 

Diivct examination hv Mr. AVaggonkk ; 

Q. i\rr. IVii ecoff, in IMr. Donghton’s hear'ng, he challenge! M. G. Ketner as 
not beinc re^iDered, and that IM. C. Ketner voted for Dr. Campbell. Do yon 
know if lil. C. Ketner is registered or pot?—A. No, s’r. 

Q. IVho is I'd. (\ Ketner?—A. T don’t know. T would tell yon—I am not 
acquainted with her. T know her husband, 

(,). IWll. do yon know that 1\[. C. Ketner is the wife of Luther Ketner?— 
A. Yes. s'l'; only from what I have hoard tell; not from personal knowledge. 

Q. Do .von know H. F. Ketner?—A. No. sir. 

O. Do yon know H. A. C. Ketner?—A. No, s'r, 

Q. Do .von know D. F. Koseman?—A. No, sir. 

O. Do .veil know D. T. Roseman?—A. No, sir. 

Q. Do yon know E. L. Wdhelm?—A. No, sir; not by those initials. I may 
ki'ow hnn if T would see him. 

Q. IVhat Wilhelm do yon know? I ask yon this; IVas there any ob.iection 
male that day to these i)eople. whose names I have .just called, vofng?—A. 
Not a bit; not any objecfon whatever. 

Q. Y'hat position did yon hold that day?—A. Jnd.ge; Republican .indge. 

(.). Now. Inst go ahead and tell what yon know about what took place there 
that day at Bostcafs Crossing.—A. I don’t know how many; I don’t remember 
any more how man.v ballots Avere cast, but as they preseiitel themselves—each 
man and lady—presented themselves to vote, they e’ther handed their tickets to 
Mr. Klnttz. the Democratic .Indge, or myelf, to put in the box, ard before we 
put them in the box we would ask the registrar if he had such-and-such a 
]>orson’s name, and he had to conscmt. He consented before we put the names 
in the box that he had them, and no question was raised at any time that he 
hadn’t any name that was i)resented as registered. 

0. Now, IMr. dVinecolT. the reg'ster down there—Mr. Klnttz, I believe, testi¬ 
fied that these peojde slipped through and voted w'thont his knowledge. Now, 
was that possible?—A. No. sir; that is not time. 

Q. Did he have knowledge of every person who cast his ballot that day?— 
A. Yes. sir; yes, sir, 

Q, Mr. Ynnecoff, I ask yon if yon don’t know, of yonr own personal knowl- 
(Mlge, if .some of them have lived there and vot(?<l there all their lives?—A. Yes, 
sir; Mr. Ketner has I'ved in that precinct all his life, I guess. 

Q. That is the Mr. Ketner whose wife is challenged here as not having reg¬ 
istered?—A. Yes, sir. 

Q. Mr. AVinecoff, were there any absentee votes cast there that day?—A. 
Yes, sir; two. 


1176 


CAMPBELL VS. DOUGHTON. 


Q. Well, now, just , 2:0 abend and explain about those.—A. T don’t I'emeniber; 
there was 01 .e Itepiiblican absentee vote cast and one Dtnnocratic. The IleT)iib- 
Tcan vote was acconii)anied by a doctor’s certificate, but the other one—there 
was really no absentee vote there, but the re.ir'strar voted his wife with the 
understanding: that he had her ballot at home, her doctor’s certificate at home, 
and that he for£?ot it wlien he left home that moridn.i::, and asked onr permission 
to cast it; and, really, before I jjave it very much thonalit we voted it from the 
fact that thei’e was no question raised an<l no d'ssatisfaction manifested there 
pr'or to that time and I <lidn’t care to refuse to 2 : ve the indvilefice of vot nfj. 
Anyway, he made up the ticket right there in the box himself without pre¬ 
senting the doctor’s certificate. 

Q. You don’t know wlu'tlur she was sick or not?—A. No, sir; I don’t know 
whether she was sick. 

Cross-examination by iMr. Cat?lton ; 

Q. ^^d 1 at time did you go to the polls that day?—A. T got there—you couldn’t 
tell a white man a hundred yards from a Neirro. 

Q. What time did you leave’?—A. About 0 P>0. 

Q. Wh-'re did you vote?—A. At the o’ossi'oads. 

Q. Out in the open or in the schooihouse?—A. It was a store or dwelling 
house; on the jtorch of the dwelling house. We balloted there awhile and moved 
inside when it commenced ]*aining. 

O. Did you stay on the ])orch all day?—A. No, sir, 

O. You didn’t go out at ad dui’ing the day?—A. Yes sir. 

Q. Did anybody vote when you were away?—A. No. sir. 

O. Tfow do you know?—A. Because we judges went together. 

O. Was jMr. Klnttz there all day’?—A. Yes. sir: wliich Kluttz? 

Q. The other judge or reg strar.—A. Both of tbein were. I beg your pardon, 
]'e was there, T sum)ose: T believe it was something like three-'iuarters of an 
hour, or maybe an hour, of sunup when the rogistrar got there. 

O. Did you three hallows stay together all day? Were you there on the 
grounds all day?—A. Dh, yes sir. 

O. You were not right at the polling block all day together?—-A. Certainly 
not. 

Vnu went out to get some dinner?—A. We e-T dimmr thero in the room. 

O. Did anybody vote while you were eating dinner?—A. No. sir. 

O. Did you go out to get some water?—A. Yes, sir. . 

(V Bach one of you left the polling place, for a short whih' during the day, 
at different times?—A. Yes, sir. 

O. Yon don’t remember when IMr. Ketner’s wife came up to vote?—A. No, sir. 

O. You don’t know her at all?^—A. No, sir. 

Q. And you don’t remeinlx'r now when—you don't kium* aoy of those four 
people do you, by their names’?—A. No. sir; T may know them if T would see 
them. 

0. You don’t know whether you were there when they came up to vote?—■ 
A. If they voted there that day, T was there. 

0. You said awhile ago that you had gone out from the polling place two or 
three times’?—A. T told you the three judges wont together. 

O. Were you tied together?—A. In a way, if you want to consider it tied. 

(}. You didn’t have a rope tied around yon. Did you shut up the polling 
place when you all went out?—A. No. sir. There were men in the room. T 
left IMr. Cress one time, when I had to step out a minute, in my place. I don’t 
know wliether there was a ballot cast or not. T don’t think there was. 

Q. It is ]iossible that some of those voters voted while you were away from 
the polling idace’?—A. I think not. I was asking the other gentlemen if any 
ballots were cast, aiid they said no. 

Q. You don’t know of your own knowledge whether there were or not?— 
A. No. 

Q. The registrar was there?—A. I would not say whether he was or wasn’t. 

Q. The other judge was there?—A. We two went out one time together. 

Q. How about the other time?—A. I don’t remember going out but once in 
the forenoon, and once at noon, and once to get water. 

Q. One time you went separately?—A. Y'es, sir. 

Q. At any rate, you don’t remember when any of these people came up and 
made application to vote?—A. I don’t know them by names. 


CAMPBELL VS. DOUGHTON. 1177 

(}. ^011 (lout XA lio INI. O. Ivf'tiiGr is?—A. Only as I liav6 boon told’ his 

wife. ' > 

Rodii’oct examination by INIr. Waggoner : 

Q. A\ as there any objection made that night when yon counted the hallots hy 
I\Ii. Ivlnttz to thos€‘ peo})le having voted?—A. Not one word mentioned in that 
respect along that line. 

Kecross-examlnation hy IMr. Carlton : 

Q. Yon d dn t have time to go over and check your polling list with the voters 
who voted there before counting your votes?—A. We counted the votes, and he 
niimbered them and said they tallied with the number that was voted. 

Mr. D. T. IKASEIMAN, a witness introduced hy the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Waggoner: 

Q. Yonr name is D. T. Roseman?—A. Yes, sir. 

(}. IMr. Roseman, where do yon live?—A. T live in Litaker Township. 

(>. M hat precinct did you vote in at the Novemher election?—A. Boston 
Crossroads. 

Q. How long have you lived there?—A. AVell, I have been voting there all 
my life. 

Q. AA hen did you register?—A. AA^ell, I don’t know just how long it has heen, 
hut I registered under the grandfather clause. 

Q. Y^ou have been vot ng in that prec net all your life?—A. Y^es, sir. 

Q. IMr. Roseman, do you know M. C. Ketner?—A. Yes, sir. 

Q. Do you know wIk^ M. C. Ketner is?—A. Mary Ketner. 

Q. Do you know how long she has lived in that precinct?—A. She has been 
living there all her life. 

Q. She is the wife of Luther Ketner?—A. Y>s, sir. 

(j. And he has lived there all his life?—A. Yes, s r. 

Q. Mr. Roseman, you were challenged b.v Mr. Doughton in h's hearing, and 
the registrar, Mr. Kluttz, testified that you had slii)ped through at Boston 
('rossroads without having been registered. Just state whether you did or 
m>t.—A. I wasn’t challenged at all. 

Q. You were not challenged?—A. No. 

(j. You have voted there all your life?—A. All my life. 

Q. And have registered there?—A. Yes, sir. 

Cross-exam'natlon l)y Mr. Carlton : 

Q. AAdio told you that M. C. Ketner is Mary Ketner?—A. Didn't anybody tell 
me; only he just called her name. I thought that was her initials. 

Q. You don’t know whether IM. C. stands for IMary or Maggie or Martha?— 
A. No ; but I know his wife's name is IMary. 

(j. But you don't know that M. (’. Ketner is the wife of Luther Ketner?—A. 

I don’t know how she signs her name, but I know her name is Mary. 

Q. AA'hen d'd you register, IMr. Roseman?—A. Under the grandfather clause. 

I don’t know how long it has been. 

(}. AA'hen was the last time you saw your name on the registration hook?— 
A. I can't read. I have voted, though, every election, and never been chal¬ 
lenged. 

Q. AVhere did you register; in the clerk’s office?—A. Boston Crossi’oads. 

Q. Under the grandfather clause?—A. Y^es, sir. 

(>. Do you know whether your name was transferred to the last hook?—A. 
No, sir; I don’t know anything about it, but I voted and wasn’t challenged. 

Q. So you don't know whether your name was on the registration book at 
the general election in 1920?—A. Y"es, sir; it was on there. 

(}. How do you know it was on there?—A. AA'ell, they would not have let 
me vote. 

Q. Did you .see it on there?—A. No; I can’t read. 

Q. Have you got anybody here who saw your name on the hook that day?— 
A. I don't know; I don’t know whether Mr. AA'inecoff knows or not. 

Redirect examination hy Mr. AA'aggoner : 

Q. Mr. Roseman, if your name was not transferred from the old book to the 
new book it was not your fault, was it?—A. No, sir. 


1178 


CAMPBELL VS. DOUGHTON. 


Mr. GEORGE H. PRESS, a witness introduced by the contestant, being first 
duly sworn, testified as follows : 

Direct examinjit.ion by IMr. AVaggoneii : 

Q, Your name is George H. Pless?—A. Yes, sir, 

Q, Air. Pless, do you know AI. C. Ketner?—A. Y’'es, s!r; I tbink I do. 

(}. Do you know who she is?—A. Air. Lutlier Ketner says it iS bis wife, be 
guesses; it is ber initials. 

Q. That is, Air. Luther Ketner’s wife?—A. A"es, sir; be don’t know any other 
Ketner by those initials. 

Q. Do you know her full name?—A. Yes, sir. 

Q. Alary Catherine?—A. Yes, sir; I think it is; I know it is Alary. 

Q. Do you know H. A. Ketner?—A. No, sir. 

Q. A. T. Ketner?—A. No, sir. 

Q. E. F. AVilhelm?—A. Yes, sir. 

(}. Do you know if he was reg stered and voted?—A. A"es, sir. 

Q. How long has he lived in your precinct?—A. He voted in 1918 for tlie 
first time. He transferred from Hilig's Alill. 

Q- Ho you know he was challenged by Air. Doughtoii in his hearing, and that 
Air. Klut'tz came in and swore that he wasn’t registered?—A. Yes, sir. 

Q. He has lived in that precinct all his life?—A. No, sir; he came there¬ 
from another precinct in 1918. 

(^. And he is a registered voter?—A. Yes. sir. 

(p Now, if his name has not been placed on the new registration book for 
1920 it is not his fault?—A. No, sir. 

Air. Caklton. We object to this kind of evidence to prove whether or not a 
fellow was registered, as the reg'stration book is the best evidence as to 
whether or not a man is registered. 

A. ((kmtinuing.) I might state the other Ketner—H. A. Ketner—says his 
name is H. A. C. Ketner. He thought no doubt that meant him. No, H. A. 
Ketner could be found. 

(}. You live in that precinct?—A. A"es. sir. 

Q. And you have made a search for H. A. Ketner?—A. Yes, sir. 

(p And the only K. A. Ketner you found is H. A. C. Ketner?—A. Yes, sir. 

(}. And you think and believe this man, H. A. Ketner, is H. A. C. Ketner?— 
A. Yes, sir. 

Q. Air. Pless, do you know James Yost?—A. Yes, sir. 

C>. Is there but one James A"ost in your precinct?—A. No, sir. 

(p Do you know what his other initial is?—A. James AY.—James AYhite YY)St. 

Q. Now, Air. Pless, Air. Yost, James Yost, was challenged by Air. Doughton. 
as not having paid his poll tax for 1919. I hand you a receipt and ask you 
just to state what it says; for what year's taxes is that a receipt?—A. 1919. 

Q. Does that show that he paid his poll tax, and if so, when?—A. December,. 
1919. 

Q. It shows he paid his poll tax?—A. A>s, sir. 

(j. AYhose recei})t is that you have just testified to?—A. James Yost. 

Q. R. R. Fimderburg?—A. Yes, sir. 

Q. Now, Air. Pless. do you know how long Air. Funderburg has lived in that 
precinct?—A, No, sir. 

(j. Did he vote in Boston Crossroads’s precinct?—A. Y"es, sir. 

Q. I hand you a receipt and ask you to state what that receipt shows; whose 
receipt is that’.'*—A. R. R. Fuderburg’s. Paid November 8, 1919. 

Q. Does it show he paid his i)oll tax?—A. Yes, sir. 

Q. Air. Pless, do you know H. G. Smith?—A. Yes, sir. 

(j. I hand you tax receipt, and ask you to state whose tax receipt it is?—A> 
Air. Smith’s. H. G. Smith. Taxes, 1919. 

(,). It shows he paid his poll tax at that time?—A. January 7. 1920. 

(). Air. Pless, I hand you here a statement, signed by Sheriff Crowder, and 
ask you to state just what that receipt or certificate shows?—A. AI. B. Funder¬ 
burg ])aid taxes for 1919, October 27, 1919. Signed, Sberiff Crowder. 

Q. Do you know he was challenged hy Air. Doughton for the nonpayment of 
poll tax?—A. Yes, sir. 

Q. AYhat do you know about Charles Roseman? State where he was in 
1919, Alay 1?—A. At the State Hospital at Alorganton. 

Q. Do you know J. L. Lippard? If so, state what you know about him?— 
A. Yes, sir; I know him. He has been confined to his bed for six or seven 
years with tuberculosis. 


(CAMPBELL YS. DOUGHTON. 


1179 


(). Do yon know wliother ho Inis Ix'en exeiiiptod for the payment of poll tax’— 
A. Yes, sir; his father says he was. 

^ (). He has been confined to his hed for the past six or seven years?_A. Yes, 


Q. Do yon know whether he was challenged by IMr. Donghton for the 
payment of poll tax?—A. Yes, sir. 

Q. As having voted for Dr. Campbell?—A. Yes, sir. Occasionally he 
be around the house; just very occasionally. " ' 


non¬ 

can 


Cross-examination by Mr. Carlton : 

Q. Y"on were not judge of the election?—A. No, sir. 

Q. Yon did not stay around there all day, did jam, Mr. Pless?—A. Y"es sir 

Q. Were yon there when M. C. Ketner voted?—A. Yes, sir; right thm-e 

Q. M hen did yon first find ont that INI. C. Ketner was a woman?—A. After 
Mr. Luther Ketner told me. He didn’t know of any one else, 

Q. All yon know about INI. C. Ketner is what Luther Ketner told von’—A 
Y"es, sir; and Airs. Ketner. 

Q. Yon never heard that INIr. Ketner’s wife was named M. C Ketner’_A 

No, sir. 

Q. There may be a man somewhere by the name of AI. C. Ketner?_A No 

one down there. 

Q. Just answer my question,—A, l"es, sir; there might he, 

Q. The only thing yon know about this Al. C. Ketner was that Luther Ketner 
told yon his wife was named Alary?—A, Y’^es, sir. 

Q. When did H. G. Smith move to Rowan Comity?—A. I don’t ‘know 
exactly. 

Q. Yon know he was a resident of Caliarrns County?—A. Yes, sir. 

Q. And yon know he was living in Cabarrus Coniity in 11919?—A. Y>s, sir; 
and he moved, I guess, that fall, right near me. 

Q. Well, do yon know when he came to Rowan County?—A. Not exactly. 
He made a crop, though, on Air. Rarnhart’s place, right near me. 

Q. In Rowan Connty?—A. Y"es, sir. Airs. Smith is here. 

Q. This receipt is for the taxes of Jim W. Yost, of China Grove Township. 
Do you know Air. Jim W. YYist?—A. I certainly do. 

Q. Does he live in China Grove Township?—A. He did a year ago, I guess. 

Q. When did he leave China Grove Township?—A. I guess some time—I 
can’t tell yon exactly. 

Q. His name is not on the book in Litaker Township at P>oston Crossroads?— 
A. Y"es, sir. 

Q. Jim W. Y'ost?—A, Y^es, sir. 

(,). Do yon know whether the name of Jim W. Y'ost apjieared on the poll 
book?—A. I guess it is James. 

Q. Y'on don’t know?—A. No, sir. 

Q. Jim W. Yost has not been challenged, has he?—A. I think so. 

Q. Where did you get any evidence of Jim W. Yost having been challenged?— 
A, I don’t suppose there is any Jim Yost. 

Q. Did Air. AVaggoner tell yon that Jim A'ost is the same man as James 
Y'ost?—A. No, sir; he didn’t tell me anything. 

Q. That is the receipt that .lames AY, Y'ost gave yon?—A, Y'es, sir. 

Q. The only thing yon know is that a man down there, wlio is now living in 
Litaker Township, and formerly lived in China Grove Township, handed you 
this receipt and said that it was a receipt for his poll tax?—A. Y'es, sir. 

Q. Y'ou don’t know, of your own knowledge, whether James AA'. Y'ost, for¬ 
merly of China Grove Township, is the same man whose name appeared on the 
poll list as .Tames Y'ost? —A. No, sir; I don’t know. 

Q. AYhere does R. R. Fnnderbnrg live?—A. In China Grove Township. He is 
living there now. He did live in Litaker. He is living in China Grove now. 

Q. AYlien did he move to China Grove?—A. I don’t know that. 

(F He voted there in Litaker?—A. Y'es, sir. 

Q. At Koston Crossroads?—A. Y'es, sir. 

Q. And wasn’t living in Litaker Township?—A. I don’t know whether he was 
then or not. , 

Q. Isn’t that a fact?—A. I couldn’t tell yon. 

Q. He voted a Rei)nblican ticket?—A. Y'es, sir; he did. 

Q. And at the time of election he was living in China Grove TownslLp; isn’t 
that right?—A. I couldn’t tell yon. 

Q. AAdien did he leave Litaker Township?—A. I can’t tell you that. 


1180 


CAMPBELL VS. DOUGHTON. 


Q. He left there prior to 1919, didn’t he?—A. I gness he d'd. 

Q. And hasn’t moved hack since?—A. Not as I know of. 

(}. He has a farm in Litaker Townsliip and lived awhile in Litaker, and then 
over in China Grove?—A. Yes, sir. 

<}. He lives in China Grove now and has paid his poll tax in China Grove for 
the past two years?—A. Yes, sir. 

A. Yon say ISIr. Charles Itoseman voted an absentee vote?—A. No, sir; he 
voted in person. He has .u'ot htick and seems to he in pretty good mind. He 
was there four or five or six or seven years. He has come hack in good sha[)e. 

Q. Yon don’t know whether he has paid his poll tax or not, do yon?—A. 
No, sir. 

Q. You don’t know wlndher IMr. J. L. Tdpj^ard was exempt from the pajnnent 
of poll tax for the year 1919 of yonr own knowledge, do yon?—A. No, sir. 

Q. The records in the office of the reg'ster of deeds don’t show that he was 
exempted?—A. I don’t snpi)ose they do. I don’t know about that. 

' Q. Yon haven’t looked at them?—A. Squire Rainey told IMr. Lippard- 

Q. Have yon searched the recor<1s of this date to tind out?—A. No, sir. 

Q. Have yon asked the chairman of the hoard or tlie clerk of the board of 
county commissioners?—A. T asked Sqir're Rainey—is the only one. 

Q. Answer the question yes or no. and then expla n whatever yon want to. 
Have you searched the record to tind out?—A. No, sir; I haven’t looked. 

Redirect examination by Mr. Waggoner: 

IMr. Pless. yon live in Litaker Townshi]>, don’t you?—A. Yes, sir. 

(}. And voted at Roston Cros.sroads?—A. Yes, s'r. 

Q. And yon have looked for James Yost, have yon?—A. Yes. sir. 

Q. Well, did yon tind a James Yost?—A. No. s r; only Jim. Some call him 
Jim and some James. 

Q. Do yon know that this man Jim Yost, or James AY. Yost, recently moved 
from China Grove Townsh'p?—A. Yes, sir. 

(}. And this receipt that yon have testilled to in regard to his hav'ng paid his 
poll tax is the same identical person who is challenged to have voted without 
having paid h‘s i)oll tax at Roston Crossroads, is he?—A. Yes, sir. 

Q. Now, Mr. IMess, R. R. Funderbnrg. when you called on him for h's tax 
receipt, what did he give you?—A. He gave me two: he gave me that tax 
receipt and one for TJtakei' T'ownship—one for Ch na Grove Township and one 
for Litaker Township. 

Q. Which one did yon take?—-A. Tlie one for China Grove. 

Q. Why did you take the one for China Grove?—A. Recanse it had the 
po’l tax. 

Q. And the receipt he gave yon for Litaker didn't have poll tax credited on 
it?—A. No, sir. 

Q. Does IMr. R. R. I'niiderbiirg have property in China Grove, and also in 
Litaker Townships?—A. Yes, sir. 

Q. Did he live in Lit.'iker Township part of the time?—A. Yes, sir. 

Q. IMr. Pless, do yon know Adam Rrown?—A. Yes, sir. 

Q. Do yon know he was challenged by IMr. Donghton in his hearing for the 
nonpayment of poll tax?—A. Yes, sir. 

Q. Do yon know how Mr. Rrown voted?—A. Yes, sir. 

(}. How did he vote?—A. The Democratic ticket. 

Q. That was at Roston Crossroads'?—A. Yes, sir. 

Recross-examination by Mr. Carlton : 

Q. IMr. Jim W. Yost has not lived in Litaker Township since 1919 you said 
a few minutes ago, didn’t you? Didn’t you say that?—A. I don’t know 
whether I did or not. He moved about a year or so ago; about a year ago. 

Q. IMoved where?—A. Where he now lives. He bought a farm. 

Q. Where does he now live?—A. Litaker Township. 

Q. R. R. Funderbnrg is the man that lives in China Grove Township?—A. 
Yes, sir. 

(}. And was living in China Grove Township at the time of the election?—• 
A. I couldn’t tell yon ; I don’t know whetlier he was or not. 

Q. He wasn’t living in Littaker Township?—A. I don’t know about that. 

Q. Yon don’t know about that?—A. No, sir; he has moved tolerably often 
the last while. 

Q. When did Jim W. Yost leave Litaker Township?—A. I don’t know; sev¬ 
eral years ago. 



CAMPBELL VS. DOUGHTON. 


1181 


Q. Is he living in China Grove Township now?—A. No; Litaker Township. 
He IS a nieinlier of the church where I am, and I keep pretty close after him. 

Q. lou collect church dues and keep up wdtli him pretty close?—A Yes 
sir Since he moved hack where he now lives; he has been a regular attender! 
Hetore that not so regular. 


iVIr. CHARLES DEATj, a witness introduced 
duly sworn, testitied as follows: 


by the contestant, being tirst 


Direct examination by Mr. Waggoner: 

(). Mr. Deal, what is your name?—A. Charles Deal. 

Q. What is your middle initial?—A. My middle initial is W. 

Q. (diaries W. Deal?—A. Yes, sir. 

Q. Mr. Deal, do you know Charles A. Deal?—A. No, sir. 

Q. Is he in your precinct?—A. No, sir. 

(i. 1)0 you know any Charles Deal over there?—A. No, sir. 

Q. You are the only Charles Deal in Litaker Township?—A. All the one 
that I know. 

Q. Well, JMr. Deal, do you know that Mr. Doughton in his hearing challenged 
Charles A. Deal for nonpayment of poll tax?—A. Y^es, sir. 

(}. And you say there is no Charles A. Deal in your precinct?—A. None that 
I know of. 

(^ And that your name is Charles W. Deal?—A. Y"es, sir. 

(}. What is your age?—A. Thirty-nine. 

(}. And you paid your poll tax?—A. Y^es, sir. 

(^. Is this .vour tax receipt?—A. Yes, sir. 

(}. Where did you pay your poll tax; what township?—A. Litaker Township. 
(}. When was it paid?—A. December 0, 1919. 

(}. This receipt covers your poll tax?—A. Yes, sir. 

(^. Now, you say, INIr. Deal, that you are positive there is no Charles A. Deal 
in your township?—A. I don’t know him. 


Cross-examination by Mr. Woodson : 

Q. Y"ou paid your poll tax?—A. Yes, sir. 

(1. And you don’t know a thing about this man Charles A. Deal who was 
challenged by Mr. Doughton for tlie nonpayment of poll tax?—A. I say I don’t 
know any (lliarles A. Deal. 


Reirect examination by Mr. Waggoner: 

Q. ]Mr. Deal, how long have you lived in your precinct?—Ever since I have 
been born ; I am 39 years old. 

Q. And you know everybody out there, practically?—A. Y"es, sir. 

Q. You know all the Deals out there, don’t you?—A. Yes, sir. 

Q. And if there was a Charles A. Deal out there you would know him?— 
A. It looks like I would; yes, sir. 

Recross-examination by iMr. Woodson : 

Q. l^ou don’t know where this man Charles A. Deal came from that was 
challenged?—A. No; if tliere is ary one, I don’t know him. 

(2. All you know is you paid your poll tax?—A. Yes, sir. 


Mr. H. G. SIMITH, a witness introduced l)y the contestant, being first duly 
sworn, testified as follows: 

Direc't examination by Mr. Waggoner: 

(}. Your name is H. G. Smith?—A. Yes, sir. 

Q. IMr. Smitli, how long have you lived in Rowan County; when did you 
move to Rowan County?—A. Well, I have lived in Rowan County for eight 
years, except about four months. I lived in Caharrus about four months. 

(^ Just state now when you moved hack to Rowan.—A. Well, the 1st of Janu¬ 
ary, 1919. 

Q. You made your tax return in Caharrus?—A. Y>s, sir. 

(^. You paid your i)oll tax down there in Cabarrus?—A. Y^es, sir. 

(}. And you voted at Boston Crossroads?—A. Y"es, sir. 

(}. In the November election?—A. Yes, sir. 

Cross-examination by ]Mr. Woodson : 

Q. Y^ou say you moved back the 1st of January, 1919?—A. Y'es, sir. 


1182 


CAMPBELL VS. DOUGHTON. 


Mr. A. IVr. MILLER, u witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination b.v IMr, Waggonek : 

Q, IMr. Miller, what township do .von live in?—A. Locke Township. 

Q. And what precinct did you vote in?—A. Grants Creek. 

Q. Do you know Berry Stickor'^- A Vos, sir. 

Q. Do you know what his other initial is?—A. I don’t. He goes by the 
name of Berry Sticker. 

Q. Do you know if Berry Sticker and B. J. Sticker are the same per¬ 
sons?—A. He told me he was. I asked him, and he said it was the same man. 

Q. Did he give you this tax receipt?—A. Yes, sir; his brother did. IMr. 
Sticker was not at home—Berry. 

Q. When does it show he paid his poll tax?—A. November 15, 1919. 

Q. That is 1919 taxes?—A. Yes, sir. 

Q. Mr. Miller, you know that Berry Sticker was challenged by Mr. Doughton 
rn his hearing?—A. Yes, s r. 

Q. As not having paid his poll tax?—A. Yes, sir. 

Q. And upon investigation you find that tliis man, Berry Sticker, is the 
same man as B. J. Sticker?—A. Yes, sir. 

Q. And that he has paid his ])oll tox?—A. He has. 

Q. And had paid it prior to IMay 1, 1920?—A. YTs, sir. 

Q. Do you know J. IM. Rary?—A. Yes, sir; I know Mr. Rary. 

Q. Do you know that he was ciiallenged by Mr. Doughton in his hearing 
as not having paid his poll tax?—A. Yes, sir. 

Q. I hand you a receipt and ask you to state for what year this tax 
receipt shows that he paid his poll tax?—A. November 11, 1919. 

Q. That is for 1919 taxes?—A. Yes, sir. 

Q. You know that lie was challenged by Mr. Doughton?—A. Yes, sir. 

Cross-examination by Mr. Woodson : 

Q. How long have you kjiown Mr. Sticker?—A. Ever shice I was a boy. 

Q. How old a man is he?—A. About my age; possiblj- a little older. 

Q. You say he wasn’t at home?—A. He was hauling rocks to the camp. 

Q. You got a receipt from his brother?—A. Yes, sir. 

Q. Mr. Rary’s receipt shows he paid in Salisbury Township, doesn’t it?—A. 
Yes, sir. 

Q. The precinct that you vote at, and the precinct that John M. Rary voted 
at, is at Grants Creek, I^ocke Township, Rowan County?—A. Yes, sir. 

Q. He moved from Salisbury?—A. Yes, sir. He lived on Mr. Gregory’s farm. 

Q. When did he move?—A. Well, I couldn’t say, but I would suppose he had 
not been there over 12 months. I would not think he had been. 

Recross exanunation by IMr. Woodson : 

Q. He is there now?—A. Yes, sir. 

Q. You don’t know of your own knowledge whether he was there as much 
as four months before the election?—A. No; I know lie was, because he had a 
crop last year. 

Q. IMr. Gregory didn’t get that house finished before the middle or last of 
the summer, did he?—A. Yes, sir; we sawed the lumber for that house last 
fall before Christmas. 

Q. Do you know when it was completed?—A. No, sir. 

Q. You don’t know when it was ready for occupancy?—A. No, sir; I would 
not swear. 

Redirect examination by IMr. Waggoner : 

Q. IMr. Miller, did he move there four months prior to the election?—A. I 
would not swear that he did. 

Q. He raised a crop out there?—A. Yes, sir. 

Q. Do you know T. E. Smith?—A. Yes, sir; Tom Smith. He lived on Mr. 
Zeb Fisher’s place. 

Q. I hand you a statement from the sheriff’s office and ask you to state 
just what that receipt shows?—A. “ T. E. Smith paid 1919 taxes December 13 
1919. J. E. Krider, sheriff.” 

Recross-examination by Mr. Woodson ; 

Q. You live 3 or 4 miles above Mr. Gregory’s place?—A. Four miles around 
the road, 21 through the country. 

Q. You don’t go down to his farm, do you?—A. No, sir. 


CAMPBELL VS. DOUGHTON. 


1183 


Q. Have you ever been on it since he bought it?—A. Yes, sir. I went over 
tliere to ^et that tax receipt. 

Q. That is tiie only time you liave been on the Grejtory farm?—A. No, sir; 
that was the last time. 

(}. When else?—A. I was on it last fall. 

(}. What for?—A. I don’t know as I need to state. 

Q. You don’t want to state?—A. I don’t think it is necessary. 

Sheriff .7. H. KUIDEH, a witness introduced by the contestant, being first 
duly sworn, testified as follows: 

Direct examination by Mr. Waggoner; 

Q! Sheriff, I hand you a tax receipt herewith and ask you to state whose 
tax receipt that is?—A. J. H. Whirlow’s, Salisburv Township. Paid March 13, 
1920. 

Q. For what year?—A. 1919. 

Q. Do you know where Mr. Whirlow is living now?—A. No, sir; I don’t. 

Q. You don’t know that he is at tlie Rowan ]Mills?—A. No, sir; I don’t. 

Cross-examination by IMr. Woodson : 

Q. You know Mr. Whirlow lived on Chestnut Hill and married Julius 
Mahaley’s daughter?—A. I know three or four Whirlows; I don’t know their 
initials. 

Q. Don’t you know his initials are .1. H. Whirlow?—A. No; I don’t. 

Redirect examination by IMr. Waggoner: 

Q. Don’t you know that J. H. Whirlow married P. W. P>rown’s daughter?— 
A. No, sir; I don’t know P. W. Brown’s daughter. I know C. W. Brown’s 
daughter. 

IMr. C. S. SHIPTON. a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Waggoner: 

Q. What is your name?—A. Calvin Sylvester Shipton. 

Q. Is there another Calvin S. Shipton?—A. No, sir; nobody but ray brother, 
John, this side of Davidson. 

Q. Any person by the name of C. E. Shipton in your precinct?—A. No, sir. 

Q. Dr Calvin E.?—A. No, sir. 

Q. Mr. Shipton, you were challenged for the nonpayment of poll tax by 
IMr. Doughton in his hearing. I hand you a tax receipt and ask jmu if that is 
your tax i-eceipt?—A. Yes, sir; that is it. 

Q. Just state for what year’s taxes it is, and when they were paid?—A. 1919. 

Q. And it shows that the poll tax was paid when?—A. November 10, 1919. 

Cross-examination by Mr. Woodson ; 

Q. What are your in tials?—A. C. S. 

Q. You don’t know C. E. Shipton?—A. There is no C. E. Shipton in Gold 
Hill Township or Rowan (’ounty. 

Q. How long have you lived in Rowan?—A. Ever since I was born; this 
s de of Gold Hill, about a mile and a half. 

Q. And you know no C. E. Shipton in Gold Hill Township?—A. No, sir; 
nobody but me and my brother. 

Q. ih)u are the only two in Rowan County?—A. Yes, sir; since my father 
died. 

(}. You know the county pretty well?—A. Been all over it. 

Q. Yh)ur name is not Calvin E. Shipton?—A. I sign it C. C. or C. S.; either 
one. 

Q. You sign your name Calvin C. or Calvin S., just as you choose?—A. Yes, 
sir. 

Q. You don’t know C. E.?—A. If there is, I don’t know him. 

IMr. L. J. IMESIMORE, a witness introduced by the contestant, being first 
•duly sworn, testified as follows: 

Direct examination by Mr. Waggoner: 

Q. Mr. Mesimore. do you know if a portion of Morgan Township votes at Gold 
Hill precnnct?—A. I really don’t, Mr. Waggoner. 


1184 


CAMPBELL VS. DOUGHTON. 


(}. Do the people who live on the left-hand side of the road, as you go south¬ 
east from Salisbury, live in Morgan Township?—A. Yes, sir; some of them^ 

I really don’t know how the land runs. 

Q. Mr. IMesiniore, do Stokes Ingram, Paul Goodman, C. A. Helderman, andjH 
soiae of the Leonards, ard some Morgans—I ask you if those people don’t vote- ' 
at Gold HJl precinct?—-A. Yes, sir; all but Charles Helderman. He never,j 
voted. ™ 

Q. Those people vote generally at Gold Hill—Ingram and the INIorgans?— 

A. Yes, sir. jK 

Q. And Paul Goodman?—A. Yes, sir. ' ■ ^ 

Q. You say you don’t know if they are in Morgan Township or not?—A. No,.;r 
s r ; I don’t. 

I hand you here a tax i-eceipt, and ask you to state whose tax receipt it 
is, and for what year’s taxes it is?—A. Why, it is Stokes Ingram’s. I kno\\J| 

Q. For what year’s taxes does it show?—A. 1919. .. X 

Q. What time were they paid?—A. December 2, I believe, 1919. ' * ^ 

. Cross-examination by Mr. Woodson : 

(}. AVho is Stokes Ingram?—A. He is a black fellow that lives down there. 

Q. His receipt is in Morgan Township? That receipt you read was paid in d 
IMorgan Townslvp?—A. I don’t know how the land runs. 

Q. The receipt was in Morgan Township?—A. Yes, sir; that is what it saysS 

Mr. E. C. SHAVER, a witness i)reviously introduced bv the contestant bein^® 
recalled, testified as follows: » 


Direct examination by Mr. Waggoner : 

Q. IMr. Shaver, do you know how the line of Morgan Township runs throimh^P 
there and Gold Hill ?-A. Well, the line of Morgan Township goes along the* 
highway there ; that goes through here to Albemarle. M 

Q. That is between Morgan Township and Gold Hill Township*?—A Yes sirX 
Q. A'Hi tlie people who Lve on the left-hmul side of the road, as you go'from 1 
here to Albemarle, vote in Morgan Township?—A. Thev sure do ^ 

(.). In Gold Hill precinct?-A. Yes, sir. Paul E. Goidinaii was elected regis -i 
for Morgan Township. legis- 

Do you know that Stokes Ingram lived in Morgan Township?—A. Yes^z?* 

And votes at Gold Hill?—A. If he votes anywhere. 1 

Cross examination by Mr. Woodson : ’J 

Q. All you know is that Stokes Ingram lives in Morgan Townshin*? A T-'d 
sure do. We all ii.sed to vote at what is c-illPd oUi awo . -LO^^nsnlp A. 

r, 'iiz- X. t"‘i:”TohrH[;: 


trar 

Q. 

sir. 

Q. 


Township?—A. He 


sworn, testified as followsT^^*^ iiitioduced bj the contestant, being first duly 


Q 

Q 

tax 

Q 

tax 

Q 
Q 
Q 
(} 
sir: 

Q 


Q 


Direct examination by Mr. Waggoner : 

. Mr. Hill what is your name?—A. J. W—John WeslPv 

foV ■^'.--ing paid his poll 

receipt it is?—A. It^is^niin^l^ I’eceipt and ask you to state whose 

that tax receipt*?_A T w 

M hat year’s taxes is that?—A 1919 ^ J* W. 

Did you pay them on or before the ist of Mav iQon*? a v 

I don’t think there is. youiself in Gold Hill Township?-A. No. 

If there is any, you don’t know it?—A. No, sir. 

Cross-examination by Mr. Woodson • 

You listed your taxes and paid your taxes as J. w. Hiii?_A. Yes, sir. 





('AMPBEl.L VS. DOUGHTON. 


1185 


Q. And that is your tax receipt?—A. Yes, sir. 

Q. This John Hill, if there s such a man, yon don’t know lihn?—A. Why, 
thei-e is a John hlill out there in the country. I don’t think lie is in Gold Hill 
Township. 

<-}. lUit there is a John Hill out there?—A. Yes, sir. 

Itedii'ect examination by INIr. Waggoner : 

Q. Do yon know if this other .John Hill is John H. or John W.?—A. John K.. 

Uecross examination by Mr. Woodson : 

(}. Do yon know any other John Hill in the conntv?—A. Anotliei’ one lives 
out ahont six miles. 

Q. In what precinct?—A. ]\Iorg:an, I suppose. 

Q, 1)0 yon know any other John Hills?—A. No, sir. 

(^ There may be some others around?—A. There may be. 

Mr. FREXLEK. a witness previously introduced by the contestant, be'ng 
I'ecalled, testified as follows: 

Direct examination by ]\Ir. Waggoner: 

Q. Do yon know any other John Hill there in Gold Hill Township?—A. No, 
sir; I don’t. 

Q. Do yon knou' any other John Hill who votes in Morgan?—A. Yes, sir; 
do I know any other John Hill that voted in Gold Hill? 

Q. Ye.s, sir.—A. No, sir; I don’t. 

Q. Do you know if there is another John Hill in Gold Hill Townshii)?—A. 
Not to my knowing; no, sir. 

How long have yon been living there?—A. I was born and raised there. 

Q. You are familiar with that section?—A. Yes, sir. 

Q. Yon were born and raised in Morgan Township?—A. Five miles of 
Gold Hill. 

Q. Yon are living there now?—A. Yes, sir. 

]Mr. MESIMORE, a witness previously introduced l)y the contestant, being 
recalled, testified as follows: 

Direct examination by IVIr. Waggoner : 

(^.^Mr. Mes niore, yon were the judge at Gold Hill precinct?—A. Yes, sir. 

(). Do yon know if there is another John Hill, other than the Jolm Hill who 
was just on the stand?—A. No other one voted. He is the only John Hill 
that voted in Gold Hill Township. 

Cross-examination by Mr. Woodson : 

(}. Do yon know whom the poll-tax receipt is for?—A. No, sir. 

Mr. T. S. PODLP], a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Waggoner : 

(). Did yon vote in Rockwell precinct?—A. Yes. sir. 

Q. At the November election, 1920?—A. Yes, sir. 

Yon are a one-armed man?—A. Yes, sir. 

(}. Yon have been exemi)ted from the payment of poll tax?—A. That is what 
Mr. Kesler told me 12 years ago, when my hand was cut off. I went to him 
to see about whether I was exempt from poll tax and road, and he said I was. 

I asked him if there was any use to go before the commissioners, and he said 
the law exempted me. 

Q. Who was iNIr. Kesler?—A. iMr. Louis Kesler. 

i}. Who is he? What official position does he hold?—A. Why, he was county 
(‘oinmissioner. 

Q. Yon were challenged by.Mr. Doughton?—A. Yes, sir. 

Q. For not having paid your poll tax?—A. Yes, sir. 

(}. And as having voted for Dr. Campbell?—A. Yes, sir. 

Cross-examined by INIr. Woodson : 

Q. And yon didn’t pay it because the county commissioners exempted you?— 
A. Yes, sir. 


07095-21-75 


1186 


CAMPBELL VS. DOUGHTON. 


Mr. II. W. LENTZ, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Waggoner : 

Q. Your name is li. W. Leuitz?—A. Yes, sir. 

Q. And you were one of the judges in the November election at Rockwell 
])recinct?—A. Y^es, sir. 

Q. Republican judge?—A. Yes, sir. 

Q. Mr. Lentz, do you know Richard F. Miller?—A. R. P. INIiller? 

Q. No; R. F. Miller?—A. No, sir. 

Q. Was there any other Richard Miller who voted in the November election 
at Rock\yell?—A. NY), sir. 

Q. How long has Richard Miller lived in Rockwell precinct prior to the elec¬ 
tion?—^A. He lived n Rowan County up to the 12th or 13th of- 

Q. How long had he lived in that precinct prior to the election?—A. He lived 
in the county part of the tune and in Cabarrus part of the time. He lived in 
Rowan County unt I the 13th of May and moved to Cabarrus. 

.Q. He I ved in Rockwell precinct to what date?—A. The 12th of iMay. 1920. 
Then he moved to Cabarrus and later moved hack. 

Q. How long did he stay there—in Cabarrus?—A. lYitd after election. 

Q. Do you know IM. F. Harrington?—A. Y^es, sir. 

Q. How long has he lived in Rockwell precinct?^—A. Before th.e election? 

Q. Yes, sir.—A. Ih-obahly e ght or nine months, best of my recollection. He 
lived there long enough to I’st his taxes foor 1920. 

(h’oss-examination by Mr. Woodson : 

(). Mr. M Her was living in Cabarrus at the time of election?—A. Yes, sir. 

i]. He came hack to Rockwell to vote?—A. Yes, sir. 

(^. He was challenged?—A. Yes, sir. 

Q. He voted?—A. Yes, sir. 

(}. Where is he liv ng now?—A. In Rowan County. 

(). When did ho move hack?—A. Some time after election; I don’t know 
just when, 

Q. At that time he was living in Cabarrus County?—A. Y>s. sir. 

Redh*ect examination by Mr. Waggoner: 

(^. Mr. Lentz, the following names—N, D. Waggoner, Luther Lyerly, Lester 
li. Brown, C. Walter Peeler, Boyden L. Holshouser. and Arthur L. Rhine- 
hardt—I ask you just to state how they voted? What fcket?—A. Republican 
ticket. 

(}. Were those men in the Army?—A. Y^es, sir; Army and Navy. 

(). Do you know H' they vrere (I scharged from the Government service prior 
to INIay 1, 1919?—A. They were not. 

Q. They Avere slid in Government .service?—A. They were st‘11 in Govern¬ 
ment service; yes, sir. 

Ci’o.ss-examin.at on by Mr. Woodson : 

I reckon you also kmow that INIr. Doughton, the contestee, did not challenge 
those men? 

(No answer.) 

Mr. C. O. SWICEGOOD, a witness introduced by the contestant, being first 
duly sworn, testified as follows: 

Direct examination by Mr. Waggoner: 

Q. Mr. Swicegood, you were challenged by Mr. Doughton for the nonpay¬ 
ment of your poll tax?—A. Yes, sir. 

Q. I ask you, sir, where you were on May 1, 1919? Where did you list your 
tax for 1919?—A. In Cabarrus County. 

Q. And you paid your taxes in Cabarrus County?—A. Yes, sir. 

(>. AVhen did you [>ay them?—A. Some time in December, 1919. 

(>, And this is your i-eceipt here?—A. Yes, sir. 

(}, When did you move back to Rowan?—A. In December, 1919. 

Q. And you voted in the November election at Woodleaf precinct?—A. Yes, 
sir. 

Cross-examination by INIr. Carlton : 

(), When did you <*ome to Rowan?—A. December. 1919. 

Q. You lived in rn'ty Township from that time up until election time?— 
A. Y"es, sir. 




CAMPBELL VS. DOUGHTON. 1187 

Mr. G. W. IIATLEDGE, a witness introduced by the contestant, being first 
duly sworn, testified as follows: 

Direct exaniination by iMr. Waggoner: 

Q. Do you know P. H. Snyder?—A. Yes, sir. 

Q. Do you know he was challenged by Mr. Doughton, in his hearing, for the 
nonpayment of poll tax?—A. Y^es, sir. 

Q. Do you know where be paid his poll tax for 1919?—A. Davie County, in 
.lerusalein Town.ship. 

Q. Do you know when he paid them? What does his tax receipt show?— 
A. I think, April 80; I am not sure. 

D. 1919?—A. 1920. ' 

Q. I hand you his recei|)t and ask you just to state what it shows?—A. “Jeru¬ 
salem Townshii), Davie County: paid April 80, 1920.” Signed by G. F. Wine- 
coff, sheriff; by Deputy ^\^ Hendrix. 

Q. Do you know A. L. Sherrill?—A. Yes. sir. 

(). I hand you a tax receipt and ask you to state whose tax receipt it is.— 
A. This is E. A. Sherrill ; but when he paid these taxes I was with him, and 
he told them E. A. was not his initials; but they told him that was the only 
Sherrill they had in that township, and it was his tax, and there would be 
nothing said. Tlu‘ initials was put down wrong. 

Q. What year’s tax is that for?—A. 1919 tax receipt; paid October 8, 1919. 

Q. Do you know that Mr. Sherrill was challenged by Mr. Doughton, in his 
hearing, for the nonpayment of poll tax?—A. Yes, sir. 

Q. iMid as having voted for Dr. Campbell?—A. Yes, sir. 

Q. Do you know Lonnie Saford?—xV. Yes, sir. 

Q. Do you know that he was challenged for the nonpayment of poll tax by 
Mr. Doughton?—A. Yes, sir. 

Q. And as having voted for Dr. Campbell?—A. Yes, sir. 

Q. I hand you tax receipt and ask you to state what it shows.—A. “ Scotch- 
Irish Township, linwan County—I.onnie Saford—paid November 18, 1919.” 

Q. That is for 1919 taxes?—A. Yes. sir. 

(). Had he l)een living in Unity Township some time prior to that?—A. Yes, 
sir; the fall of 1919. 

Q. Where did he move from?—A. Scotch-Irish ; I don’t know exactly where 
he lived. 

Q. The fall prior to election?—A. Yes, sir. 

Q. Fall of 1919?—A. Yes. sir. 

Q. Do yon know Lee S. TJvingoofl?—A. Yes, sir. 

Q. No\^\ i\Ir. Ilatledge, you know that he was challenged by Mr. Doughton?— 
A. Yes, sir. 

Q. At his hearing, as having voted for Dr. Canii)bell, and for the nonpayment 
of poll tax?—A. Yes, sir. 

Now, do you know if there is another I.ee. or L. F., Livingood in your pre¬ 
cinct?—A. Not over in my precimd'. 

Q. He is the only L. F. Livingood. and his real name is Lee F. Livingood?— 
A. Yes, sir; Lee. 

Q. T.ee F.?—A. Yes. 

Q. I hand you here, INIr. Itatledge, a tax receipt and ask you to state just 
what it shows.—xV. “ Lee F. IJvingood, Unity Township, Rowan County, 1919; 
Fel)ruary 21, 1920.” 

Q. Did you get that tax receipt from him?—A. I saw it. 

Q. He brought it to you, didn’t he?—A. Yes, sir. 

Q. Did he sav his initials were L. F. Livingood?—A. Yes, sir. 

Q. You know there is no other Lee F. Livingood in that precinct?—xV. None 
that I know of. 

Q. Do you know J. R. Seaman?—A. Yes, sir. 

Q. What do you know about him paying his poll tax?—A. Well, I don’t Icnow; 
don’t know exactly the date. He told me it was June. 3919, when he became 21. 
He registered between 18 and 21 for the Army. 

Cross-examination by Mr. Carlton : 

Q. Mr. Ratledge, when did iNlr. Snyder come over from Davie County to 
Rowan?— A. He moved from IVIr. Gillian’s last fall a year ago. 

Q. That was in the fall of 1919?-^A. Around Christmas somewhere, 1919. 
He worked a crop there last year. I think he moved in the fall. 


1188 


(CAMPBELL VS. DOUGHTON. 


Q. Did he work a crop there in 1920?—A, Yes, sir; last year. 

Q. And he was living in Unity Township at the time of tlie election?—A. 

Y’^es, sir. 

Q. The same place he had been for about a year?—A. Yes, sir. 

Q. Prior to that time his home had been in Davie County?—A. Yes, sir; 
Coolemee. 

Q. When did Lonnie Safoi'd move to Unity Township?—A. The same fall, 
1919. He worked a crop for Mr. Hnmphi*ey, Just above me, last year. 

Q. He came to yonr township in the fall 1919?—A. Yes, sir; fall or winter. 

He moved and made a crop there. 

Q. He is a married man?—A. No, sir; lived with his father. ■; 

Q. His father lived in Unity Township?—A. He did at that time. * 

Mr. A. M. MILLER, a witness previously introduced, being recalled, testified B 

as follows: 

Direct examination by Mr. Waggoner: • -IH 

Q. Mr. Miller, do yon know W. W. Gaskey?—A. Yes, sir. 

Q. Do you know his age?—A. He became 21 September 22, 1920, " 

Q. Do you know that he was challenged by Mr. Doughton as not having paid 11 
his poll tax?—A. Yes, sir. 

Q. And as having voted for Dr, Campbell?—A. l^es, sir. J| 

Q. He was too young to list taxes May 1, 1919?—A. It would seem so, when he ■ 
wasn’t 21 until September 22, 1920. 

Q. You don’t have to list taxes until you are 21?—^A. No, sir. *1 

Q, Do you know R. L, Gaskey?—A. Yes, sir; his brother. - ® 

Q, Where is he?—A. He is at home now. 'T 

Q. Where was he on May 1, 1919?—A. He was in the Navy? ^ 

Q. He hadn’t been discharged?—A. No, sir. ' | 

Mr. G. C. PARKS, a witness introduced by the contestant, being first duly j 
sworn, testified as follows: 

Direct examination by Mr. Waggoner: 

Q. Mr. Parks, you were challenged by IMr. Doughton as not having paid ’ 
your poll tax for 1919?—A. Y^es, sir. j 

Q. And as having voted for Dr. Campbell?—A. l^es. sir. 

Q. I ask you just to state when you became 21 years old?—A. September 19, 
1919. 

Q. What precinct did you vote in?—A. In Awderny. 

Mr. G. W. RATLEDGE, a witness previously introduced by the contestant, ‘ t, 
being recalled, testified as follows: | 

Direct examination by Mr. Waggoner : 

Q. Mr. Ratledge, Mr, K. M. Chatfin was challenged by Mr. Doughton for the 
nonpayment of his poll tax for the year 1919, and as having voted for Dr. Camp- „ 
bell in the general election in November, 1920?—A. Yes, sir. f]‘ 

Q. I hand you, sir, a tax receipt and ask you to state just what it shows?— ^ 
A. “ Callahan Township, Davie County, paid October 27, 1919.” i 

Q. Does it show that that is for his 1919 taxes?—A. Yes, sir. !,■ 

Q. What date did he pay it?—A. October 27, 1919. 

Q, Mr. Ratledge, do you know how long he has lived in Scotch-Irish Town- | 
ship?—A, He moved there in the fall of 1919. 1| 

Q. And voted in Scotch-Irish Township?—A. Yes, sir. j 

(j. Wluit precinct?—A. Mount Vernon pi-ecinct. f, 

Q. In the general election of 1920?—A. Yes, sir. 

Q. For Dr. Campbell?—A. Yes, sir. SI 

Q. Do you know R. O. McLoughlin was challenged by Mr. Doughton in his 
hearing as having voted without paying his poll tax for 1919?—A, Yes, sir. ';j 
Q. I hand you here an affidavit, and ask you to state what this affidavit**! 
shows?—A. It says that R. O. McLoughlin voted in the general election on ,■ 
November 2, 1920, in Scotch-Irish precinct. Rowan County, N, C., and that 
R. O. McLoughlin became 21 years of age in April, 1920, and is signed by M. D. 
McLoughlin. 14 ) I 

Q. Who is M. D. McLoughlin?—A. Father of R. O. IMcLoughlin. Subscribed 
to and sworn to before J. M. Waggoner, notary public. 




CAMPBELL VS. DOUGHTON. 


1189 


Cross-examination by Mr. Carlton : 

Q. You don’t know anything about this McLoughlin affidavit, or the Mc- 
Loughlin families, so far as voting is concerned ?—A. I know the McLoughlins, 
but don’t know them one from another. 

Q. Do you know a fellow, K. M. Chaffin?-—A. Yes, sir. 

ii. How long have you known him?—A. Fifteen years or longer. 

Q. Do you know when he left Callahan Township?—A. Yes, sir; fall of 1919; 
moved on the Johnson farm. 

Q. Do you know how many Chaffins voted in Scotch-Irish Township?—A. No, 

sir. 

.. Q. You live in Unity. You don’t know whether this K. M. Chaffin was the 
man that was challenged ?—A. I don’t know of any other. 

Q. You don’t know how many other Chaffins live in Scotch-Irish?—A. Two 
others that I know of. 

Q. Do you know where they moved from?—A. They came from Davie to 
Unity, and moved from Unity to Scotch-Irish. 

Q. So, three Chaffins are living in Scotch-Irish now?—A. Yes, sir. 

Redirect examination by Mr. Waggoner : 

Q. Mr. Ratledge, you don’t know of any other K. M. Chaffin, do you?—A. No, 

sir. 

(}. And you are familiar with the name, so you would know them?—A. No, sir. 

Q. I believe you run a roller mill at Woodleaf, and know practically every¬ 
body in that country?—A. l^es, sir. 

Q. They have wheat ground at your place?—A. Yes, sir. I know practically 
everybody. 

Q. Mr. Ratledge, you stated a few minutes ago, on cross-examination, that 
you knew some other Chaffins?—A. Yes, sir. 

Q. Now, just state who they are.—A. I am mistaken. It was Griffin in¬ 
stead of Chaffin. I don’t know of any other Chaffin up there. 

Recross-examination by Mr. Carlton : 

Q. There may be more Chaffins?—A. There may be, but I don’t know him. 

Q. Y'ou don’t claim to know every resident of Scotch-Irish Township?— 
A. I know of them; but I don’t know them personally. I can go to most any of 
their homes, but I don’t know them. 

Mr. WALTER M. DEAL, a witness introduced by the contestant, being first 
duly sworn, testified as follows: 

Direct examination by Mr. Waggoner : 

Q. Mr. Deal,r were you an election official in the general election of Novem¬ 
ber, 1920?—A. Yes, sir; judge. 

Q. What precinct?—A. Bradshaw. 

Q. Do yo know J. B. Caldwell?—A. Yes, sir. 

Q. Mr. Deal, Mr. J. B. (kildwell was challenged by IMr. Doughton, in his hear¬ 
ing, for the nonpayment of poll tax. I wish you would state what that affi¬ 
davit I now hand you shows.—A. “ This is to certify that I became 21 years 
old on the 13th day of June, 1919. This 31st day of March, 1921. John P. 
Caldwell. Subscribed and sworn to before me, J. M. Waggoner, this the 12th 
day of April, 1921. J. M. Waggoner, notary public. ]\Iy commission expires 
2/2/23.” 

Q. Do you know, Mr. Caldwell, Mr. Deal?—A. Yes, sir. 

Q. Do you know that he is a young man about that age?—A. Yes, sir. 

Q. Mr. Deal, Mr. John L. Wilcox was challenged by Mr. Doughton, in his 
hearing, for the non-payment of poll tax for the year 1919. I hand you a 
tax receipt and ask you to state just what it shows. What year is that tax 
receipt for?—A. For the year 1919. 

Q. Does it show that he paid his poll tax; and if so, when?—A. It is dated 
December 16, 1919. 

Q. And for what precinct or county?—A. Coddle precinct, Iredell County. 

Q. Do you know when he moved into that precinct, Mr. Deal?—A. No, sir; 
I don’t. 

(}. Do you know about wlien?—A. Why, he was in that precinct last year. I 
don’t know just when he moved. 

Q. How long had he lived there prior to the election?—A. I think all last 
year; I think he worked a crop in the upper edge of the township. 


1190 


CAMPBELL VS. DOUGHTON. 


Q. Now, C. L. Smith was challenged by Mr. Doiighton as not having paid his^ j 
1919 poll tax. I ask you if this receipt that I hand you shows that he did pay 
his poll tax? If so, on what date?—A. “Coddle Creek Township, Iredell f ^ 
County, tax for 1919. Paid March 14, 1920.” i « 

Q. When did he move into your precinct?—A. The fall of 1919. He worked? j 

a crop last year. | * 

Q. Mr. Deal, Horace Graham was challenged by Mr. Doughton for nonpay^:i| 
ment of poll tax for 1919. Just state, if you know, how old Horace Graham 
A. Well, he is right close around my age. 

Q. How old are you?—A. I don’t know positively his age, but he and I are|f 
pretty close. I will be 49 next month. ^ 

Q. Is he older than you?—A. I don’t positively know, but close to the sameB| 
age. I just can’t tell you. , 

Q. It is highly probable that he is over 50, isn’t it?—A. I don’t know. 

Q. I hand you tax receipt and ask you to state what it shows.—A. “ H. P.«j 

Graham-” 

Q. Are they the same man?—A. Yes, sir; same man. -iSj 

Q. Does that show if he paid any poll tax?—A. It doesn’t seem to be any]H 
poll tax on there. 9 

Q. It shows that he paid property tax?^—A. Y'es, sir. M 

Q. What date did he pay property tax?-—A. November 8, 1919. 

Q. That being the case, it looks like he is over 50, doesn’t it?—A. Yes, sir. 

Q. What was the total amount of tax paid?^—A. $17.30. 3 

Q. What is the poll tax in this county; how much?—A. I don’t remember ^ 
what it was that year. o 

Q. What did you have to pay?—A. $1.71, I think, this past year. 

Q. Do you know E. L. Kerr?—A. I don’t personally know him. - 

Q. Weli, do you know L. E. Kerr?—A. I don’t personally know h'm. 

Cross-examination by Mr. Caklton : 

Q. Mr. Deal, J. L. Wilcox, wliose tax receipt you read, paid In Coddle Creek ‘ 
Township, Iredell County?—A. Yes, sir. 

Q. And the man challenged bj^ Mr. Doughton is John L. Wilcox; isn’t that 
right?—A. His name is John Wilcox; I don’t know his other init al. 

Q. Do you know who was challenged?—A. It was John Wilcox. The midd le 
initial I couldn’t say. 

Q. It w^as John L. Wilcox.—A. I am reading from the record. SI 

Q. And the receipt that you offer is the receipt of J. L. Wilcox, paid ii^W 
Coddle Creek Township, Iredell County, is it not?—A. It is John Wilcox. “j 
Q. I am asking you about the receipt?—A. That is J. L., Coddle Creek, - 
Iredell County. 

Q. Now, C. L. Smith’s reecipt, that you offer, is from Coddle Creek, Iredell 'fl! 
County?—A. Y^es, sir. | 

Q. Do you know the Smith that was challenged by Mr. Doughton?—A. Y’’es, -j 
sir; I know of him. ' I 

Q. The one challenged by Mr. Doughton?—A. Yes, sir. U | 

Q. This man paid his tax in Iredell County?—A. Yes, sir. ' 

Q. He voted in Bradshaw precinct. Rowan County?—A. Yes, sir. ^ 

Redirect examipation by Mr. AVaggoner : 

Q. Mr. Deal, was there more than one Wilcox who voted at Bradshaw Z 
precinct?—A. No, sir. 

Q. And this is the only Wilcox out there in Bradshaw precinct?—A. They 
only one I know of. H 

Q. And the only one that voted in the precinct?—A. Yes, sir. 

Q. And he came from Iredell County?—A. Y’^es, sir. 

Recross-examination by IMr. Carlton ; 

Q. Do you know any other Wilcox in Iredell County?—A. No, sir. 

Q. You don’t know any others over there in Coddle Creek Township?—A. If 
there are any others, I don’t know them. 

Mr. A. J. SLOOP, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Waggoner; 

Q. Mr. Sloop, where do you live?—A. In Rowan County, 

Q. What township?—A. Atwell Township; Enochville precinct. 





(’AMPBELL VS. DOUGHTON. 


1191 


Q. Do yon know L. E. Kerr?—A. Yes. sir, 

^ K- L. Kerr? Are L. E. Kerr and E. L. Kerr the same per¬ 

son t —A. I think so. 

C>. Do yon know any P]. L. Kerr?—A. No, sir. 

(i. Y< n do know I.. Pk Kerr?—A. Yes, sir. 

Q. I hand yon a tax receipt, and ask yon to state what it savs?—A Paid 
Pehrnary 24, 1920. Kece i)t of E. L. Kerr for 1919 tax. L. E.'iverr on the 

1 1*1X111. 

Q- Do .von know that L. p]. Kerr is tlie same as PI L. Kerr?—Yes, sir. 

liiat is the only Kerr ont there that voted in that precinct'^—A The only 
one T know of. ' • 

(}. Yon know that Mr. L. E. Kerr was challenji-ed hv Mr. Doimhton as not 
hav njr paid h s poll tax for the .year 1919?—A. Yes. sir. 

Q. And does th s iveeipt show’he paid his poll tax for the year 1919 prior 
to IMay 1, 1920?—A. It does. ’ 

(}. Mhat does the correction on the marjrin of tins tax receipt .show? Does 
it show PI. L. Kerr or L. PI. Kerr?—A. Shows that it :s L. PI. 


(Iross-examinat'on b.y Mr. Woodson : 

Q. Do .yon know who wrote that word “ L. P]. Kerr ” on the mai-^-in of the 
tax receipt?—A. Yes, sir. 

(}. Who was it?—A. iMr. Wasjroner. 

Attorney for contestant?—A. Yes, sir. 

Q. Do yon know L. PI Kerr?—A. Yes, sir. 

('. Wliewe does he lire?—A. T'^pper end of Rowan Comity. 

(}. In your iirecinct?—A. In Bradshaw iirecinct. 

Q. Yen know L. E. Kerr?—A. Yes, sir. 


Redirect examination hy Mr. AVaogoner : 

Q. Were yon pi-esent when iMr. Kerr hronsht this receipt in?—A. Yes. sir. 

Q. Did he state at that time that his initials—that this was h's tax Vece pt. 
.and that his in’tials were .just reyersed, and should he B. PI. Ken-, and tliat he 
asked that it lie jiiaced on tlie mar 2 :in as B. PI. Kerr?—A. Yes, s'r. 

Q. And that that was his tax receipt?—A. Yes, sir. 

(]. For his taxes for 1919?—A. He did. 


Recross-examination hy Mr. Woodson : 

Q. Do yon know E. B. Kerr?—A. No. 

Re-i-edirect examination hy ]Mr. Waggoner: 

Q. And that he asked me, as attorney for the contestant, to make an entry 
on the inarpn of the receipt as B. E. Kerr?—A. Yes, sir. 


I\Ii*. F. R. BROWN, a witness introduced hy the contestant, beinjs first duly 
sworn, testified as follows: 

Direct examination hy Mr. Waggoner: 

Q. Professor, .your name is F. B. Brown?—A. Yes, sir. 

(B Mr. Brown, yon lire at PInocliyille?—A. Yes, sir. 

Q. Atwell Township?—A. Yes, sir. 

O. Do yon know C. IM. Goodman?—A. Yes, sir. 

Q. Now, IMr, G. IM. Goodman wms challenjred hy Mr. Donf?hton for not hayinj? 
paid h\s poll tax for the year 1919. I hand yon here a receipt and ask you to 
state what it shows. What year is that receipt for?—A. This receipt shows 
that G. IM. Goodman paid his tax for 1919; poll tax and all; road tax and all 
of it. Paid Noyemher 7, 1919. 

(>. What township?—A. He was a resident of Bitaker Township when he paid 
his tax. 

Q. You mean he pahl his tax for Bitaker Township?—A. Yes, sir; hut he 
nioyed to Atwell Township, Enocliville precinct, and voted at Enochyille precinct. 

Q. I hand yon another receipt, IM. A. Blackwelter; do yon know him?—A. 
Yes, sir. 

Q. Do yon know he was challenjred by Mr. Don^hton for nonpayment of poll 
tax?—A. Yes, sir. 

Q. I hand yon a receipt and ask yon to state what that receipt shows?—A. It 
shows he paid his tax for the year 1919: “ Poll tax and other tax, Noyemher 18, 
1919.” 

Q. What county is that for?—A. Cabarrus County. 


1192 


CAMPBELL V:L DOUCMT N. 


Q. Novv% just state wliat you know about him moving’ to Enoehville precinct?— 
A. He moved to Enocbville precinct about Christmas, 1919. Worked a crop for 
1920, and was a resident of Enocbville precinct at the election, and voted at the 
election, 

Q. Mr. Brown, J. H, Honeycut was challenged by IMr. Doughton for not hav¬ 
ing paid his poll tax on or before the 1st day of May, 1920?—A. Yes, sir. 

Q. I hand you his receipt and ask you to state what it .shows. .Tust read 
that.—A. “ J. H. Honeycut, paid poll tax for 1919 in China Grove Township, 
December 22, 1919. Signed, J. H. Krider, sheriff,” 

Q. Do you know that J. T. Gardner was challenged by Mr. Doughton for not 
having paid his poll tax prior to May 1, 1920?—A, He was on the list; yes, sir. 

Q, I hand you tax receipt, and ask you to state if he paid his poll tax for 
1919; and if so, on what date?—A. This shows that J. T. Gardner paid his taxes 
for 1919 as follows; “ State, school, county, and poll on November 19, 1919.” 

Q. Do you know W. M. Cross?—A. I couldn’t find such a man. There is no 
such man out there in my part of the precinct. 

Q. Do you know if any such man voted or not?—A. No, sir; I don’t. 

(}. Do you know Mack Overcash?—A. Yes, sir. 

Q. AVhnt are his initials?—A. He has three initials—M. G. L. 

Q. He was challenged for the nonpayment of his ixill tax, Mr. Brown, and T 
hand you a receipt and ask you to state what receipt shows?—A. G. L, Over¬ 
cash i)aid his poll tax, and all, for the year 1919, on November 4. 1919. 

Q. Did you get that receipt from Mack Overcash?—A. Yes, sir; 't was sent to 
me by Mr. Overcash. 

Q. Do you know that that is a receipt that IMr. Mack Overcash, the man who 
was challenged, received when he paid his poll tax?—A. The identical fellow. 

Q. Is thei’e any other G. L. Overcash that you know of in that precinct?—A. 
No. sir; I think not; pretty sure there isiEt. 

Q. This is Mack Overcash’s receipt that the sheriff gave you?—A. .lust an 
error on the part of the clerk to put down the initials. He had three initials 
really. 

Q. What is the initial of Peal Rogers?—A. I don’t know his middle initial. 
AVe just know him as Peal Rogers. 

Q. Did you get his tax receipt?—A. Yes, sir, 

(}. I hand you here three tax receipts and ask you to state just which one 
jMr. Peal Rogers gave you?—A. This one [indicating]. 

Q. AAdiat does the one tliat Peal Rogers gave you show? .lust read that one.— 
A. This is the receipt that I’eler gave me. 

Q. AA'hat does it show?—A. That he paid his tax for 1919: poll tax and all, 
on November 4, 1919. 

Q. IMr. Brown, Peler Rogers was challenged by Mr. Doughton as not having 
pai<l his poll tax. I ask you if that receii)t does not show that he did pay his 
poll tax prior to May 1, 1920?—A. Yes, sir; that is what the i-eceipt shows'that 
he handed me. 

(J. Do you kno\v if this is the same man that was challenged by Mr. Dough¬ 
ton?—A. T know of hut one Peler Rogers. I don’t think there is another Peler 
Rogers in the country. There are other Rogers, hut this is the only Peler 
Rogers. 

Cross-examination by Mr. Carlton ; 

Q. A’^ou said, “ Peler”?—A. I called him “ Peal Rogers.” 

Q. This receipt is the receipt of Peter Rogers, isn’t it?—A. T didn’t notice it- 
was Peter. 

Q. See if that is not the receipt of Peter Rogers? That is plain as day?—A. 
T left my si)ectacles home. Those of you who have better eyes than I can see if 
it is }) or 1—Peter or Peler. 

Q. Isn’t that i)lain “Peter”?—A. This is the receipt that Peler Rogers gave 
me. 

Q. But doesn’t the receipt read, “Peter Rogers” ?—A. There is a line cleai- 
across there. 

Q. Is there a Peter Rogers in that precinct?—A. Not that I know of. '■ 

(}. Is there a Peal Rogers?—A. Not that I know of. ' >1 

Q. There are a number of Rogers in your precinct?—A. Yes, sir. j 

As there are a number of Overcash’s?—A. Yes, sir. 

Q. You offered a receii)t here of G. I.. Ovei-cash. ’Did you talk to Mack OveiO 
cash in person about that receipt?—A, Yes, sir. ’ “ 

Q. He gave .vou that receipt?—A. Not by his own hand ; he sent it to me 








CAMPBELL VS. DOUGHTON. 


1193 


Q. Did you talk to him about this receipt?—A. Yes, sir. 

Q. Did he tell you his iuitials are (J. INI.?—A. His name (leorjie i.oar Mack 
Overcash. 

Q. Mack Overcash is G. L. iM. Overcasli?—A. Yes, s r. 

Q. G. M. Goodman—I believe his receipt is from Litaker Township?—A. Yes, 
sir. 

Q. He voted in Enoch vide precinct; Atwell Township?—A. Yes, sir. He had 
moved. I>y mistake he sent me his receipt for 1918. I told him I wanted it for 
1919, and he said he thoujrht he sent me the receipt for 1919. 

Q. What did .vou sa.v about M. A. Blackwelder?—A. He lived in Enochville 
about 12 months and voted at Enochville. He now lives in Cabarrus; and he 
also lived in Cabarrus in 1919. He paid his tax. 

Q. T believe the receipt shows tha,t he did not pay any poll tax? The receipt 
of M. A. Blackwelder shows on its face that he did not pay any poll tax for 
1919?—A. That is what the receipt shows. 

(i. About .Tohn T. Gardner. The receipt you offer for .Tohn T. Gardner is 
for Salisbury Township, is it not?—A. He lived in Salisbury Township before 
he moved to Enochville, about 18 months ago. 

Q. The receipt shows J. T. Gardner?—A. Yes, sir. 

Q. The man challenged shows .Tohn T. Gardner?—A. The same man ; .T. T. 
and .Tohn T. are the same man, 

Q. The challenged list showed .Tohn T. Gardner was challenged?—A. Well, 
1 don’t remember. 

Redirect examination by Mr. Waggoner: 

Q. Prof. M. A. Blackwelder. You don’t know how old he is, do you?—A. 
No, sir; I don’t. 

Q. And you don’t know if he was exempt from the payment of poll tox, do 
you?—A. I do not. 

Q. 1 ask yon, sir, just to state what this receipt—how much it shows that he 
pa d?—A, .$4.48. 

(). What is the poll tax in the count.v in which that receipt was issued? Do 
you know what the poll tax is in this count.v?—A. This is Cal)arrus. He may 
be over 50 years of age. I don’t know. Since T have thought of it, T believe 
he is over 50. 

ii. T ask .vou if the amount he paid here is not in excess of the poll tax 
anywhere in any count.v in this State?—A. Yes, sir; T suppose so. 

Q. So far as you know?—A. Yes, sir. 

Q. It 'S in excess of the poll tax of this count.v?—A. Yes, sir. 

Keci'oss-examination b.v Air. Carlton : 

Q. All the other tax receipts that you have testihed about have stated on the 
face the amount of the poll tax?^—A. T think so. 

Air. H. S. BOSTTN, a witness introduced b.v the contestant, be’ng first dul.v 
sworn, testified as follows: 

Direct examination by Air. WAGGONr:R: 

Q, Air. Bostin, do .vou know Robert AT. Richie oi‘ R. AT. Ritchie?—A. A>s, sir. 

(5- Do you know whether he is exempted from the payment of poll tax?—A. 
He said he had never paid any tax until the last time or two, and he jiieii- 
tioned it to the sheriff, and it was refunded; refunded the price of the poll tax. 
That is what he said. 

Q. I hand you an affidavit and ask you to state in your own words what that 
^ffida^■it shows and who it is signed b.v.—A. “ This is to certif.v that Robert 
AT. Richie was exempted from the payment of poll tax by the Rowan County 
Commissioners. Subscribed and sworn to before me this April 4, lt)21. .1. E. 

Correll, notary public. 

(,). Air. Bost n. do you know E. S. I>eal?—A. Yes, sir. 

Q. S. G. Setzer?—A. Y^es, sir. 

Q. C. R. Alerrius?—A. Yes, sir. 

Q. L. A. Edleman?—A. Yes, sir. 

Q. E. A. Deal?—A. Yes, sir. 

Q. .T. D. Adams?—A. Yes, sir. 

Q. F. AV. Coxe?—A. Yes, sir. 

Q. AI. L. Rogers?—A. AI. L. or Alack L., either one. 

Q. .T. B. Sloop?—A. Yes, sir. 

Q. E. W. Waggoner?—A. Yes, sir. 


1194 


CAMPBELL VS. DOUGHTON. 


Q. Henry Roseman?—A. Yes, sir. 

Q. A. N. Sitrevvalt?—A. Yes, sir. 

Q. J. W. Sides?—A. Yes, sir. 

Q. C. C. Bradshaw?—A. Yes, sir. 

Q. R. T. Fnnderburg?—A. Yes, sir. 

(Attorney for contestee here openly announces that he reserves the right to 
object to the introduction of the above list of names in case the contestant 
challenges their votes later.) 

Q. Mr. Bostin, those names that I have just called were challenged for the 
nonpayment of poll tax by Mr. Doughton in h’s hearing in this contest. I ask 
you, sir, if the names I have just called, if the tax receipts that I hand you, 
show that those men have paid their poll tax for the year 1919 prior to INIay 1, 
1920?—A. Yes, sir. I have examined them. all. I am satisfied that every man 
is '-oiu-ec't that is on there. ^ 

(}. They have moved from different places and voted by transfer? Mr. 
Bostin. I ask you this: Is A. M. Stirewalt the same as Albert Stirewalt?—A. 
Yes, sir. Some call him Albert M. and some A. M. 

Q. I ask you if it is Vance Sloop or Banks Sloop?—A. Banks Sloop. There 
is no Vance Sloop. 

Q. And his initials are .1. Banks or .1. B. Sloop?—A. Yes, sir. 

Q. Do you know Mr. Bruner K. Bostin?—A. Yes, sir. 

Q. Do you know if he has been exempted by the county comiu’ssioners from 
the payment of poll tax?—A. Yes, sir; his wife gave me papers signerl by ,T. C. 
Deaton. 

Q. Is this certificate the certificate furnished you by his wife?—A. Yes, sir. 

Q. And it shows that he has been exempted from the payment of poll tax?— 
A. Indefinitely. He is dead ; died since election. 

Q. He was exempted by the board of commissioners for Rowan County?— 
A. Yes, sir. 

Q. Do you know H. L. Davis?—A. l"es, sir. 

Q. Do you know Louis .1. Eagle?—A. Yes, sir. 

Q. L. T.. isn’t it?—A. Louis T.; yes, sir. 

Q. Roy A. Heilig?^—^A. Yes, S’r. 

Q. Mr. Bostin. these names that I have just called were challenged by Mr. 
Doughton for the nonpayment of poll tax?—A. Yes, sir. 

Q. Do you know if those gentlemen whose names I have just called were 
under 21 years of age on INIay 1, 1919?—A. They were none of them old enough 
to make return. The affidavits show it; their own statements. 

Q. I ask you if you know Robert iM. Ritchie?—A. Yes, sir; he is a full 
cousin. 

Q. Do you know if he is exeini)! from the ])ayment of poll tax?—A. He told 
me he never had paid any poll tax until the last year or two, and he told the 
commissioners he had not paid ids ]k)11 tax. and they told him all right, just 
leave it as it was; to come up and i>ay his ])roperty tax. He is not dead; he is 
at China Grove; he has 1 nberculosis. He said he had never paid until the 
last year oi’ two. 

Q. Do you know George W. Thompson?—A. Yes, sir. 

Q. Do you know if he was in the Army—A. Yes, sir. 

Q. Do you know when he was discharged from the service?—A. No; not 
exactly. 

Q. I hand you an affidavit and jisk you to sta<^e what the affidavit shows.— 
A. “ This is to certify that I, George Thompson, was discharged from Camj) 
Gordon on .Tune 29. 1920. George W. Thompson. Subscribed and sworn to 
before me this INIay 8. 1921. ,T. E. Correll. notai'y public.” 

Q. Then he wasn't hei-e on IMay 1. 1919, to return any tax?—A. No, sw ; he 
was in the Army. And after he came back lie and his wife took a trip to 
Danville, Ill., and he voted by absentee from there. 

Q. Do you know V\\ F. Walker?—A. Yes. sir. 

D. i>o yon know he was exeini)ted from the iiayment of iioll tax?—A. Yes. sir, 

Q. What does that first certificate show?—A. “This is to certify that I, Wil¬ 
liam F. Walker, was exempted from the payment of poll tax by the board of 
county commissioners until notified to the contrary. W. H. Walker. Sub¬ 
scribed and sworn to before me this 2d day of April, 1921. .1. E. Correll notary 
public.” 

Q. Mr. Bostin. I hand you a list of names there and ask you to read them.— 
A. M. L. Kirk. C. Stokes, M. N. Barnhardt, Walker Starnes, Mrs. F. .1. Shank, 





CAMPBEI^ VS. I>OUGHTON. 


1195 


S. A. Smith, S. W. Stokes, ]Miiri\v Bain, Thomas Taylor, U, II. Thompson, 
C. H. Kirk, R. H. Bostin, John Bain, Ed Bain, (\ T. Bostin, B. R. Barnliardt. 

Q. Now, just state liow those people voted.—A. Tliey all voted the Demo¬ 
cratic ticket. 

Q. I hand yon another list, Mr. Bostin. and ask yon to read them.—A. F. S. 
Edleman, J. W. Carter, F. R. Watkins, Ira (I. Royster. C. W. IMiller, James L. 
Holes, E. L. Corriher, C. H. Deal. 

Q. Do yon know L. H. King?—A. Yes, sir; I know of him. 

Q. How long has he been in the State?—A. I conldn’t tell yon. I understood 
he \yas from South Carolina. To my knowing he has not been in town over 
three months. 

Q. Yonr information is he came from South Carolina?—A. I don’t think he 
was in town nntil after the election ; one of those revenue men ; he is down at 
Wadesboro now. 

(}. Do yon know Lee Martin?—A. He was in town a while last fall; he has 
been in four towns in the last 12 months. 

Q. Where did he come from?—A. I reckon he mnst have come from Landis. 

Q. Was he in the precinct four months i)rior to the election?—A. I have m.v 
donbts abont it. 

Q- Ho yon know ]Mrs. Lee Martin?—A. T only know of lier. 

Q. Did she vote?—A. Yes, sir. 

Q. This Mrs Lee Martin is Lee Martin’s wife?—A. Yes, sir. 

Q. She goes aronnd wherever he does, and yon would not swear whether 
she was there fonr months prior to the election?—A. Not I>ositi^e. 

Q. Do yon know James L. Holes?—A. Yes, sir. 

Q. How long had he been in yonr precinct prior to the election?—A. He 
visited his father three or fonr times; he was in Philadelphia. He married at 
Burlington last fall and paid his father a visit, and one time before that. 

O. He took his wife and went hack to Philadeli)hia ?—A. Yes, sir. 

Q. Do yon know C. II. Lucas?—A. Yes, sir. 

What do yon know about him?—A. The tirst I ever knew the man he came 
to my house to got me to do some anctioneering. He moved into the vicinity 
of China Grove and then moved away. He still remained somewhere in the 
country and voted in the election. 

Q. Absentee?—A. No; he and his danghter both voted Democratic. They 
had them charged np as Republicans, hnt they voted the Democratic ticket. 

(.>. How did all the rest of the names vote?—A. Democratic ticket. 

Q. And voted for IMr, Donghton?—A. Yes, sir. 

Q. Do .yon know H. H. Stirewalt? He was challenged by Mr. Donghton?—A. 
There ain’t no snch man. 

Q. looted in China Grove?—A. The book don’t show it at least. 

Q. ]Mr. Donghton challenged A. I>. Ritchie for the nonpayment of poll tax?— 
' A. He voted by absentee. 

Q. What ticket?—A. Democratic. 

Q. AVhere is he?—A. He has been at I.owell and Gastonia and Belmont three 
years or more. The whole family moved to Charalotte—sistei-s and all. 

Q. He has no property here?—A. No. His mothei* sold her property some 
time in August. 

Q. Mr. Donghton challenged S. A. Smith for nonpayment of poll tax. Do 
yon know S. A. Smith?—A. Lie didn’t vote in this election to my knowing; 
might be a lad.v, hnt I can’t find the name on the hook. If he voted- 

Q. Yon don’t think he voted?—A. I know C. A. Smith; he used to be deputy 
sheriff, bnt this is not his initials. His is C. A. and this is S. A. 

Q. How did he vote?—A. Democratic. 

Q. G. A. Wilhelm was challenged as not having paid his i)oll tax for the 
year 1919 prior to May 1, 1920. Do yon know how he voted?—A. He voted 
the Democratic ticket. I happen to know a little abont that. I bnilt a barn 
for a man- 

Q. Do yon know N. N. Casper, who was challenged by Mr. Donghton for 
the nonpayment of poll tax?—A. Yes, sir. 

Q. Who is Mr. N. N. Casper?—A. It is a lad.v. 

Q. Do yon know how she voted?—A. Democratic ticket. ^Nly secretary has 
a book showing how every man voted; each vote as it was cast. They told him 
he had better stay ont, and he stayed out. I asked if they would admit my 
secretary, and the registrar said he had better stay ont. and he stayed ont. 

Q. Jnk answer this question : When the polls opened on November 2, 1920, 
did yon demand a clerk?—A. I asked them to let my clerk come inside. 




1196 


CAMPBELL VS. DOUGHTON. 


Q. ^^’ere yon refused?—A. They said lie had better stay outside. 

Q. That is all there was to it?—A. They said he had better stay outside. 
I opened the votes and distributed them. He stayed rijrht at the door. He 
could see the congressional ticket as it was cast all day long. 

Q. L. B. Boger was challenged by Mr. Houghton?—A. No such man voted 
in that precinct. ' 

Q. No such person voted?—A. No, sir. 

Do you know 0. C. Fogot, challenged by Mr. Houghton?—A. Yes, sir. 

He was challenged for the nonpayment of poll tax. 

Q. Ho you know how he voted?—A. Democratic ticket. 

Q. How did Ed Bain vote?—A. Democratic ticket. 

Q. Where was he at the time?—A. China Grove. 

Q. Hid he vote absentee?—A. Yes, sir. 

Q. For what reason did he vote absentee—which is Ed.? Is he the elec¬ 
trician?—A. Yes, sir; he might have been away from home, but the other two 
were at home. 

Q. John Bain, he was at home, wasn’t he?—A. Weil, T won’t say he was not 
at home, but I will say one was at home. 

Q. Which one was at home?—A. Murray was at home. 

(}. Hid he vote in person or alisentee?—A. By absentee; all three of them. 

Q. Now, just state what you know about tbe absentee votes?—A. Twenty- 
seven Democrats voted by absentee and nine Republicans, and I venture to say, 
there were no doctors’ certificates with moi’e than two or three Democrats, and 
ours mostly all voted awaj" from home, except old IMrs. Sloop, who had a 
doctor’s certificate, and Miss Ida Sechler. 

Q. Mrs. E. O. Sloop?—A. Yes, sir; an aged lad,y. 

(}. What w;is the nature of her absence?—A. She was sick; had a doctor’s 
certificate. 

Cross-examination b,v Mr. Woodson: 

(y And you say that some of the absentee votes were from outside of the 
county?—A. Yes, sir. 

O. Some tlnit voted the Republican ticket, and some that voted the Demo¬ 
cratic ticket?-—A. Yes, sir. 

Q. And some were in the vState?—A. Yes, sir; some Democrats right in 
China Grove. 

(}. Mrs. Bessie Kimball—where was she?—A. She was visiting some of her 
children. 

(). A doctoi' didn’t say she was sick? Did she have a doctor’s certificate?— 
A. No sir. 

Q. Do you know the lady?—A. I think I do. I have know her ever since 
I was old enough to recall. 

Q. She was entitled to vote?—A. Oh, yes. 

Q. Now, about this man, C. C. Fagot; you say he voted the Democratic 
ticket?—A. Yes. sir. 

Q. Were you up here when Mr. Harris said he voted the Republican ticket?— 
A. No, sir; I wa.sn’t here. 

(). Do you sweai’ he voted the Democratic ticket?—A. I do. 

Q. You lieard Mr. Harris swear he voted the Republican ticket?—A. No, sir. 

Q. Which one was right about it?—A. I will swear that that man voted the 
Democratic ticket. If you want anything more, I will prove it. 

(). I am asking you—you both saw it—and one says he voted Democratic 
and th(' other Rei)ublican. That is the way the matter stands. Isn’t that the 
way the matter stands?—A. I haven’t anything to say to that. 

Q. You won’t answer that (lue.stion?—A. Wliat you want me to admit is 
that Harris is right and I am wrong? 

Q. The way it stands now, is. Hai'ris says he voted Republican, and vou 
say he voted Democratic’.^—A. I say he voted Democratic, and I will prove it. 

I am swearing what I think to be the truth. 

(}. I didn’t ask you about the truth. I asked you if that is not way the 
matter stands now?—A. I will admit that one swore one way, and one an¬ 
other. His wife voted by absentee, the Democratic ticket. ’ ’ ' , 

Q. Did C. C. Bradshaw vote in the general election?—A. Yes, sir. 

Q. How long had he been there, if you know?—A. I.ong enough to raise a 
crop; I su})po.se 12 months. 

Q. F. W. Goxe’?—A. He came from Iredell County. 

Q. When did he come there’?—A. I think he had i)een there at least a vear. 


CAMPBELL VS. DOLGHTON. 


1197 


:Mr. W AGGONER. The contestant, tlirouji:!! his attorneys, objects to the contestee 
Soing into any matter on cross-examination, which was not ,uone into in the 
direct examination of the witness by the contestant. 

Q. J. W, Sides, do yon know how long he liad been in the precinct?—A. He 
moved there the 1st day of April. 

Q. E. A. Deal paid his poll tax in Atwell Township?—A. Yes, sir. 

Q. K. T. Fnnderbiirg paid his in Litaker Township?—A. Yes. sir. 

(}. L. A. Edleman paid his in Litaker Township?—A. Yes, sir. 

(}. E. W. Waggoner paid in Atwell Township?—A. Yes, sir. 

Q. S. G. Setzer paid his at Salishnry Township?—A. Yes, sir. 

Q. And the balance paid in China (trove?—A. Yes, sir; and they all voted in 
China Grove by transfer. 

Kedirec't examination by IMr. Waggoner : 

(j. It is a matter of common knowledge, that when a man pays his poll tax 
ill the county, no matter what township, or in another county, for the year pre¬ 
ceding the election, that he is entitled to vote in the precinct in which he has 
been residing four months prior to the election. That is the law. isn’t it?— 
A. Four months in the precinct, six months in the county, and six months in 
the State, That is, jirovided he gets his transfer. These all had transfers. 

Recross examination by Mr. Woodson : 

Q. He doesn’t need a transfer if he is in the precinct four months?—A. Had 
to get a letter from a lawyer to get one man registered. 

Re-redirect examination by Mr. Waggoner : 

Q. That especially applies to a man if he is a Republican?—A. Yes, sir: more 
or less. 

Re-recross-examination by Mr. Woodson : 

(}. You have a right to challenge just as well as a Democrat?—A. In a wa.y, 
but it is like a blind man trying to read, for a Republican to say anything at 
election. 

Didn’t you all agree, at China Grove, not to challenge?—A. Sure; they 
found it was in their favor, or the proposition never would have been sprung. 

Q. You agreed to it?—A. Two against me. I knew they had more men, who 
had never paid their taxes. 

Q. You are prettj’ wide-awake yourself?—A. A man has to he, if he dickers 
with the Democrats around China (xi-ove. 

Re-redirect examination by Mr. Waggoner: 

Q. Mr. Bostin, the election oflicials at the various precincts, there is one 
Republican and two Democratic otticials that hold the polls in each precinct?— 
A. I never heard of it in any other way. 

Re-recross-examination by Mr. Vvoodson : 

(}. Things are reversed in Penns.vlvania?—A. Yes, sir; and will be that way 
in Rowan County .some daj\ 

Mr. R. P. STIREWALT, a witness inti-oduced by the contestant, being first 
duly sworn, testified as follows: 

Direct examination by Mr. AVaggoner: 

(}. Weie you present on the day of election?—A. Yes, sir. 

At (Jhina Grove precinct?—A. Yes, sir. 

(}. Did you keej) a list or record of the votes as they were cast that day?— 
A. Yes, sir. 

Q. Do you know how C. C. Fagot voted?—A. For Mr. D(uighton. 

Q. Democratic ticket?—A. I don’t know, outside of that ticket. That is the 
only ticket I tallied there. 

(}. The congressional ticket?—A. Yes, sir. 

(}. Do you know M. N. Casper voted?—A. Yes, sir. 

(}. How?—A. For Mr. Doughton. 

(}. How did S. A. Smith vote?—A. For Mr. Doughton. 

Q. How did A. L. Ritchie vote?—x4. Mr. Doughton. 

Q. G. A, Wilhelm?—A. IMr. Doughton. 

Q. The list of names that was just read by IMr. Bostin, the wiines-s who has 
just left the stand, do you know how that list—you haA'«^ seeii the list?—A, Y^es, 


1198 


CAMPBELL VS. DOUGHTON. 




Q. Do you know how those people voted?—A. For I\Ir. Doughton. 

Q. Botii the lists I submitted to I\Ir. Bostin?—A. Yes, sir. 

jCross-examiiiatioii hy Mr. Woodson : 

Q. Did you watch the tickets?—A. Y^'es. kiv. 

Q. All of them?—A. No, sir; only the congressional tickets. They are the only 
ones I could see. These tickets were next to me, and as* he laid them down, I 
saw them. 

Q. Who?—A. Mr. Bostin. He put them in the box. 

Q. He was Uepublican judge?—A. Yes, sir. 

Q. And he handled all the tickets?—A. No, sir. 

Q. Most of them?—A. He put all the congressional tickets in. 

Q. Pie handled them all?—A. All the congres’sioual. 

(}. He laid them down on to]) of the box so you could S ('0 Ihem?—A. He didn’t 
lay them all down, hut I saw them. 

il He tixed them .so you could see them?—A. Held them in his hand. I 
could get a glance. 

(}. You say you could see them, or get a glance at the congressional tickets?— 
A. Yes, sir. 

(}. Could you have been mistaken about any of them?—A. Not hardly. 

(}. Why were you interested in watching tin* congressional tickets?—A. Well, 
sir, that was my business there; to keep a poll of the voters there that day. 
1 was his secretary. 

Q. How did the tally run out?—A. Kan cut all right: 298 and 280. 

Q. It would have been just as well if you hadn't kei«t it?—A. I guess the 
tickets would have been there unles's sonu'one stole them. 

Q. You got a glimpse of them?—A. I saw them all enough to know. 

(}. They were the same size?—A. Same size. 

Redirect examination by Mr. Wagooneii : 

Q. The name “ Republican ” and “ Democrat ” is printed in big bold type, 
isn’t it?—A. Y’^es, sir. I was on the outside because they wouldn’t let me in. 

Recross-examination by Mr. Woodson : 

Q. AVere you judge or registrar?—A. No; I was chosen by the Republican poll 
holder to act as clerk for him. 

Q. They just simply didn’t let you in?—A. They were a little insulting. 

Q. How many others were in?—A. Mr. Harris, the registrar, and his <laughter. 

Q. AVho else?—A. Mr. P''rank Graham and the Republican judge, Mr. Bostin. 
Those four were inside. 

Q. That was all you saw inside that day?—A. Y’^es, sir. 

Q. The young lady acted as clerk for Mr, Harris and the other Democratic 
judge?—A. I don’t know; I didn’t see her act as clerk for him. 

(j. She acted as clerk for Mr. Harris, the registrar?—A. Yes, sir. 

Mr. S. G. SELZER, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Waggoner : 

Q. Y’'ou are from China Grove precinct?—A. Yes, sir, 

Q. Do you know Mr. T. R. Earnhardt?—A. Yes, sir. 

Q. r>o you know if he was challenged by Mr. Doughton as having voted the 
Republican ticket or for Dr. Campbell—A. Yes, sir. 

Q. And for not having paid his poll tax?—A. Yes, sir. 

CP I>o you know how he did vote?—A. Democratic ticket. 

Do you know why he voted the Democratic ticket?—A. They told it down 
in my place he got pretty full, and intended to go and vote the Republican 
ticket; and the boys made him full and he got tight and went up and voted the 
Democratic ticket, 

(}. He drank their liquor and voted their ticket?—A. Drank their liquor and 
voted their ticket. 

Cross-examination by Mr. Woodson : 

Q. Is he a Republican?—A. He told me he was a Republican. 

Q. And was driidcing liquor on election day?—A. Democratic liquor. 

(}. That makes a pretty bad Republican?—A. It certainly does. 

(}. What boys were they?—A. I don’t know, 

Q. What age is he?—A. I guess tw'enty-three or four. He is a married man; 
lias a family. 


1199 


CAMPBELL VS. DOUGHTON. 

I 

Q. Did you see any liquor yourself?—A. I saw plenty of evidence of it. 

Q. Did you see any yourself?—A. I did not. I was at the polls all day. 

Q. According: to your testimony, the only man you saw drunk was a Repub¬ 
lican?—A. I didn’t say he was the only man I saw drunk. 

Q. That is the only one you have testified about.—A. That is the only one 
1 have testified about. 


Mr. STIREM'AIiT, a witness previously introduced by the contestant, being 
first duly sworn, testified as follows: 

Direct examination by Mr. Waggoner : 

Q. I wish you would state just what you know about this man Barnhardt— 
T. R. Barnhardt.—A. He came up with another gentleman to vote and voted 
for Mr. Doughton. He was a Republican before, but I don’t know if he ever 
voted. 

Q. Who was the man with him? What was his politics?—A. He was a 
Democrat. 

Q. Do you know anything about the liquor? Did he make any statement to 
you?—A. No, sir. 

Q. He was drunk when he came up?—A. He looked a little funny in the eyes. 

Cross-examination by Mr. Woodson : 

Q. You would not say he was drunk?—A. No; I would not say he was drunk. 

Q. Because a man looks funny in the eye and votes the Democratic tii'ket. 
that is.no rea.son to say he is drunk?—A. Somet'ines. 

(The hearing is adjourned untd Id a. in.. Thursday, May .I, 1921.) 

Pursuant to adjournment, the hearing in the above entitled case conveiu'd 
at 10.80 a. in., Thursday, May 5. Present: Mrs. .T. D. Dorsett, coinniissioner; 
Dr. .Tames T. Oanqihell. the contestant: and lis attorney, .T. M. Waggoner. 
On behalf of contestee, bis own proper person, ami attorneys P. S. Carlton, 
Walter H. Woodson, and Iverr C’raig. 


Mr. li. M. I..EONARD, a witness introduced by the contestant, being first 
duly sworn, testified as follows: 


Direct examination by IMr. Waggoner : 


Q. Mr. Tjconard, you live in the west ward?—A. Yes, sir. 

Q. Mr. Doughton has challenged C. B. Leonard for nonpayment of poll tax 
for" 1919 prior to May 1. 1920. .Tiist state what kin you are to him and what 
you know about it.—A. Well, he is my son. 

Q. .lust state when he became 21.—A. He became 21 in—he was 22 years 
old last November. 

Q. Then he became 21 in November, 1919, too late to list taxes for that 
rear?—A. Yes, sir. 

Q. And foi- that reason lie wasn’t liable for poll tax for 1919?—A. No, sir. 

Q. That is correct?—A. Yes. sir. 

Q. :Mr. Leonard, do you know Mr. .T. E. Mesimore?—A. Yes, sir. 

Q. Do you know how old he is?—A. No; I don’t know how old he is, Mr. 
Waggoner; I really don’t know how old he is. 

Q. I hand you an affidavit there, Mr. Leonai’d, and ask you just to state what 
the affidavit .shows.—A. He is a right young man. 

Q. When does it show he became 21?—A. May 13, 1919. 

Q. He would therefore not he liable for poll tax for 1919?—A. No, sir; he 


would not. 

O. Do vou know J. R. Goodman?—A. Yes, sir. 

Q Do'vou know how old J. R. Goodman is?—A. He is a good deal older 


man than I am and I am .50 and over. 

Q. T hand you an affidavit made h.y .T. R. Goodman 
bow old it shows he is?—A. Shows that he is 00. 

00 years old. , „ _ 

(> I’hese gentlemen, IMr. INIesimore and Mr. Goodman, were challenged 
the"nonpavment of poll tax for 1919 by Mr. Doughton. Now, according to their 
affidavits,'they were not liable for poll tax for the year 1919?—A. They were 


and ask you just to state 
I am positive that he is 


for 


“ This is to certify that T voteil in the west ward precinct. Rowan County, 
N C November 2 1920; that I voted just previous to my .son. Will Goodman; 
that our names appear on the poll book, except that the initials N. R. should be 


1200 


C'AMPBKLL VS. DOUGHTON. 


.r. K.; that there is no N. R., and that I am 60 years of age. J. R. (his x 
mark) Goodman. Subscribed and sworn to before me this 5th day of May, 
1021. J. M. Waggoner, notary i)nl)lic. INI.v commission expires Fehrnary 22, 
1922.” 

Q. Do yon know D. E. RayV—A. David Ray? 

Q. Yes; D. p]. Ray.—A. Yes, sir. 

Q. Mr. Donghton challenged D. E. Ray for nonpayment of poll tax for the 
year 1919. 1 hand yon here a receipt and ask yon to state jnst what the 

receipt shows.—A. David E. Ray and D. E. Ray are the same person. The 
receipt shows he paid his tax November 22, 1919, in Hillsboro Township, 
Orange County. 

Does this receipt include his poll tax?—A. Yes, sir. 

Q. Mr. Leonard, do yon know that this D. Fj. Ray is the same man that voted 
here and is the man who paid his tax in Orange (’onnty?—A. Yes, sir; the 
same man. 

Q. He came here from Orange County?—A. Yes, sir; came from the eastern 
part of the State somewhere. 

Q. Mr. Leonard, A. S. Parks was challenged by JMr. Donghton in his hear'ng 
for the nonpayment of poll tax. I ask yon, sir, if yon know A. S. Parks; and if 
so, jnst state what his name is—his given name.—A. Shnford I’arks. 

(}. I hand yon tax receipt and ask yon if that is the tax receipt for A. S. 
Parks, or Shnford Parks?—A. It is. 

i}. His poll tax included?—A. Y^es, sir; PYbrnary 20. 1920. 

Q. This man Shnford Parks is the only A. S. I’arks yon know of?—A. Yes, sir. 

Q. And is the identical A. S. Parks that voted in the west ward in Novem¬ 
ber?—A. YT^s, sir. 

Q. R. E. Louder was challenged by iMr. Donghton for nonpayment of poll tax. 
Do yon know R. E. Louder?—A. Y"es, sir. 

Q. I hand yon a tax receipt and ask yon to state whether that is the tax 
receipt of R. E. Londer.—A. Yes, sir. 

Q. State where he paid his tax.—A. Jerusalem Township, Davie County, Jan¬ 
uary 27, 1920, signed by the sheriff. 

That is the same man who was challenged by Mr. Donghton?—A. Yes, sir. 

Q. And who voted in the west ward?—A. Y^es, sir. 

Q. Mr. E. R. Cress was challenged by Mr. Dongbton for noni)ayment of poll 
tax. I hand yon receipt and ask yon to state whether that is the tax receii)t of 
E. R. (’i-ess; and if so, state when he paid his poll tax.—A. Salisbury Town- 
shii», Jaunary 30, 1920. 

(}. Do yon know that is the same E. R. Cress challenged by Mr. Dongbton?— 
A. Yes, sir; the only E. R. Cress in the west ward. 

(L '1. ^1. Rost was challenged by IMr. Donghton for nonpayment of poll tax for 
1919. 1 ask yon if yon know J. M. Rost; and if so, what is his given name?— 

A. Jacob Rost is J. M. Rost’s given name. He lives over in Slave Street. 

ii. Does that tax receii>t show that Jacob IM. Rost has paid his poll tax?-— 
A. Yes, sir. 

i}. Do yon know this is the same J. M. or Jacob M. Ro.st who was challenged 
by Mr. Donghton ; and if so, do yon know if he is the man that moved from 
Gold Hill Townsh p?—A. Yes, sir. He is the gentleman that came from Gold 
Hill Township and the only Jacob M. Rost that we have in the we.st ward. He 
paid his tax December 18, 1919, so this receiiJ shows. 

(L Mr. Leonard, Mi-. W. R. ILiiceimai was challenged for nonpayment of poll 
tax for 1919 by lilr. Donghton. I ask yon if yon know W. R. H ncemaii?— 
A. Yes, sir. 

(}. Do yon know how old he is?—A. No; 1 don’t know his age. 

(j. I hand yon an altidavit made by AY. R. Hinceman and ask yon jn.st to state 
what it shows.—A. It shows he became of age Alarch 16. 1920. 

(,). Recame 21?—A. Yes, sir. 

Q. The affidavit is signed np by a notary public and sworn to?—A. Yes. sir; 
before J. M. AA’aggoner, notary public. 

Q. AA'alter Mesimore was also challenged by IMr. Donghton for nonpayment 
of poll tax. State if yon know Walter Mesimore?—A. Yes, sir. 

Q. What does the affidavit, made by Mr. IMesimore, show?—A. The affidavit 
shows his tax was paid for 1919 previous to May 1, 1920, and that his receipt 
for the same was misplaced. 

Q. Subscribed and sworn to before a notary pnblic?—A. Yes, sir. 

Mr. Craig. Attorney for contestee objects to the contestant personally stand¬ 
ing by tbe side of his witness, and watching him, and .showing him what to 
say ami what to read. 






C’AMPBELJ^ VS. DOXTGHTON. 


1201 


1}. XX alter (idodiiiaii was also challenj^ed by Mr. Dou^litoii for iioiipayiiieiit 
of poll tax. 1 ask you if you know XX’alter (loodman?—A. T do. 

Q. I hand you an aflidavit and ask you whom the affidavit was made by?—• 
A. XXhiltei' (foodmau. 

(>. XX’heu does he state, in liis affidavit, he became 21?—A. “ I became 21 
years of a.ue March .‘k li)20.” I know XX alter (loodman. He is a youiif? man. 

ii. X'ou don't know any other XX'alter (TOo<ln]an in the same ward?—A. He is^ 
the only one I know. 

Mr. CinviG. Attorney for contestee a^ain objects to the contestant pei‘.sonally 
standing by the witness, and pointing and showing him what ami where to 
read. 

Mr. XX"AG({ONEK. The contestant, through his attorney, states that he is not 
prom])ting his witne.ss, hut is only as^jisting his attorney in the examination of 
the witness, in order to exped te the hearing, and is only i)assiiig ])apers from 
his attorney to the witness, in order that he may save time in the hearing. 

l\Ir. (^KAiG. Such being the case, the attorney for the contestee asks the 
attorney for the contestant, why it is that the contestant has to personally 
ai^pear by the side of the witness, and point to him, and show him what to say, 
and sometimes prompt him what to say, instead of sitting by the attorney and 
pi’ompting him what to say. 

Ml’. XX'aggonek. The contestant, through his attorney, .states that every ]iaper, 
oi’ every affidavit, or certificate, or tax receipt, or any kind of paper writing, 
of whatever sort or kind, tendered to a witness, is hereby also tendered to the 
contestee and his attorneys, for examination. 

iMi’. (hcMG. Attorney for contestee states to attorney for contestant, liopes 
that he will place a witness on the stand who can read and testify without 
being iirompted and shown by contestant, what to read and testify. 

IVii’. XX'aggonp:r. Tlie contestant, through his attorney, states here in open 
hearing, that this contest, or hearing, is for the purpose of introducing testi¬ 
mony hy witnesses, and not for the purpose of the attorneys of the contestee 
making some speeches, and have their sayings and witticisms, placed in the rec¬ 
ord in order to go before Congress. 

Dr. (’ampbeel. I obje< 2 t to the dilatory practices, on the jiart of the attorneys 
for contestee, for apparently no other purpose than that of delaying this hear¬ 
ing. and encumbering this record. 

IMr. 'Craig. Attorney for contestee states he is making his objections and 
placing these entries in the record for the sole and only purpose of having the 
truth of the matter brought out by competent witnesses who can testify and 
read for themselves without being prompted and told what to say by contestant 
or his attorneys. 

Q. Mr. Leonard, do you know P. A. Suratt?—A. Yes, sir; T know him. 

(}. XIr. P. A. Suratt was challenged by Mr. Doughton for the noniniyment of 
poll tax for the year 1919. Just state if you know what Xlr. Suratt’s age 
is?—A. I don’t know his age, sir. 

(}. I hand you an affidavit and ask you to state what the affidavit, made by 
XJr. Suratt, sliows in regard to his age?—A. XIr. Suratt here says he is 55 
years of age, Xlay 1. He is an older man than I and I am over 50. XTr. 
Suratt’s affidavit is correct, sir. 

(}. I ask you what has been your business for the last 15 or 20 years?— 
A. Xlercantile business. 

Q. In what section of the city?—A. XVest ward. 

(}. Do you know almost everybody in the west ward?—A. Practically every- 
fiofiy- 

Q. Did you ever know a man liy the name of J. O. Brown?—A. Ao. sir; I 
don’t believe I did. 

Q. You don’t know of any J. O. Brown at this time?—A. I do not. 

O Did you ever know a man by the name of Burley Yost, who lived in the 
west wani?—A. I know a man, X"ost, over there, but don’t know whether his 

name is Burle.y Yost; J. O. \’’ost. 

(A Do you know what his wife’s name is? A. No; I do not. 

(). Do von know a J. A. Leach?—A. Yes, sir. 

(}. Do you know where he is now?—A. He is living in Salisbury, but not in 


the west ward. 

Q. Do you know 


wliat ward he does live in?—A.'Probably in the—no, sir; 


I don’t know. 

(). Did you ever know R. P. Armstrong, 


in the west ward?—A. No, sir. 



57095—21 



1202 


CIAMPBELL VS. I>OUGHT()N. 


i 


(i- Did yon ever know H. A. Cox?—A. No, sir. 

Do yon know W. M. Henderson?—A. Yes, sir. 

(i. Do yon know how old he is?—A. I judge him to be 601 or 65. 

Q. How long has Mr. Henderson been voting in the west ward?—A. I would " 
suppose he had been here in the west ward for 10 years or longer. ■ 

Q. Do you know Don Hartmann?—A. Yes, sir. 

(,). How old is he?—A. I expect Mr. Hartmann is 70 years old. I 

Q. How long has he been voting in the west ward?—A. Probably for 20 
years. 1 

Cross-examination by Mr. Carlton : 

Q. Mr. Leonard, do you know the birthday of your son, C. B. Leonard?— 

A. Yes, sir. 

Q. When was he born?—A. November 20, 1898. 

C. What is his first name?—A. Carl. 

Q. You don’t know Mesimore’s age, of your own knowledge?—A. No; I 
don't know his age exactly. 

(L When did David E. Kay come from Orange County to Rowan County?— 

A. I don’t know when he came. 

(}. His poll-tax receipt, introduced by the contestant, shows that he was a 
former resident of Orange County, in Hillsboro Township, doesn’t it?—A. Yes, 

air. 

Q. There are quite a number of voters by the name of Parks in the west 
ward, aren’t there, Mr. Leonard?—A. No; not so very many of them. 

Q. There are several?—A. Four, I know of. 

Q. You are not sure about this man A. S. Parks, that voted, are you?—A. 

In what way do you mean? 

(.2. Yon have a recei])t here for Shnford 1‘arks?—A. l^es, sir. 

Q. The gentleman who voted here was A. S. Parks?—A. Well, A. S. Parks 
and Shnford Parks are the same man. 

Q. How do yon know that?—A. I know his initials, and I know the young 
man goes by the name of Shnford. 

(). Yon know his nitials are A. S.?—A. That is correct. 

(>. Yon don't know ;iny other x\. S. Parks'.''—A. I do not. 

(}. Do yon know when IMr. K. K. Louder came to Rowan County?—A. No; 

I don’t. 

(). The receipt olTei'ed lane, showing the payment of his poll tax, shows that 
lu' was a res dent of Davie Ck)unty, Jerusalem Township?—A. Yes. sir. 

Q. Yon don't kr.o'.c when he caiiie to Rowan County'?—A. No; I don't know. 

Q. Yon don’t know where he lives now'?—A. Yes, sir; in the west ward. 

(>. Do yon know how n any by the name of liost live in Rowan County?— 

A. No; I don't. ^ 

(}. In Cold H II Townshii)'?—A. No; I don’t. ■■ 

(}. In the west ward?—A. No; I don’t know how many; not very many, 
though. 

Q. Did yon see J. M. Rost when he voted?—A. I .saw him just before he 
voted. 

(}. Do yon know a man by the name of John M. Bost?—A. No, sir. 

J. ]\L Bost might have been John M. Bost, might it not?—A. Well, Jacob 
Bost is the man I knew. 

Q. on know a man named Jacob M. Bost?—A. Yes, sir. 

Q. Yon can’t swear the man whose vote was challenged was not John M. 
Bost, can yon'?—A. If it was J. M. I couldn’t say whether it was John or 
.Jacob. 

Q. All yon iindertage to swear here is that Jacob M. Bost had paid Ids poll 
tax?—A. Yes, sir. 

Q. And paid his poll tax in Gold Hill Township?—A. It states that on there- ' 
yes, sir. 

(i. These affidavits yon read were all sworn to before J. M. Waggoner notary l 
})nblic. one of the attorneys for the contestant, were they not?—A. Yes,’ sir. 

(L Yon were not present when any of these affidavits were made?—A.’ No! 

(i. All the mformation you have about the matters mentioned in these affi- i 

davits was obtained by yon from the reading of the affidavits'^_Y Yes sir- ' 

and from the signatures of some of them. ' ’ " ’ , 

When' does Mr. Walter Goodman live?—A. West ward; Kirk Street. 

(j. Do yi n know any reason why he couldn’t come here and testifv''*_A No- 

I don't. * ■ ' ^ ’ 



CAMPBELL VS. LOUGHTON. 


1203 


Q. You don’t know his age, of your own knowledge?—A. Not to iny own 
knowledge, but I know he is a young man. 

Q. Mr, Leonard, Mr. Suratt is a very active man, isn’t he?—A. Yes, sir. 

ii. He lives right out here a few blocks from the courthouse? About eight 
l)l(Kfks from the courthouse, isn’t it?—A. I suppose about nine. 

(>. r>o you know any reason why he couldn’t come here and testify?—A. No; 
I don’t. 

Q. Where does J. K. Mesimore live?—A. Mesimore, J. E.? 

(>. Yes, sir.—A. I think—yes; he lives on Shive Street. 

Q. He is a young man?—A, Y^es, sir. 

(}. In good health?—A. So far as I know he is. 

Q. He is able to come to the courtJiouse, isn’t he?—A. I would think he is 
able to; yes, sir, 

(>. Do you know J. II. Goodman personally?—A. Yes, sir; I know him well. 

<L You don’t know N. K, Goo<lman, do you, the man who voted in the west 
ward?—A. I can’t recall right now that I do know N. R. Goodman. 

Q. How old a man is J. R. Goodman?—A. About 60. 

Q. He is able to come to the courthouse?—A. I think he is sick; been sick 
for some time. 

Q. W. B, Hinceman is a young fellow, isn’t he?—A. Yes, sir. 

Q. Do you know any reason why he can’t come up and testify?—A. No; I 
don’t. 

Q. You read his affidavit here a few moments ago?—A, Yes, sir, 

Q. Where does Walter Mesimore live?—A. On Hill Street. 

Q. Have you talked with him about the payment of his poll tax?—A. No; 
I haven’t spoken to him in a month or two, probably. 

(i. I’^ou don’t know whether he paid his poll tax or not, do you?—A. No; I 
don’t know, only from his own affidavit. He says so. 

Q. You never saw his receipt?—A. No. 

(}. You didn’t examine the sheriff’s certified list to see if he had paid or 
not?—A. No; I never did examine the list. 

Q. I believe you said you knew practically everybody in the west ward?—A. 
I think I know most of them. 

(). You mean Chestnut Hill, don’t you?—A. No; I mean the west ward. 
There are people in the upper edge I don’t know personally. 

(>. You don’t mean you know everybody on every street in that ward?—A. 
No; not everybody. 

Q. So there are a number of men who voted here that you don’t know per¬ 
sonally?—A. Yes; there are a great many people who voted here that I don’t 
know. 

(}. There were about 1,422 votes cast in the west ward, weren’t there?—A. 
I don’t know how many. 

(}. Well, if there were about 1,422 votes cast in the west ward, how many of 
those voters do .you claim to know personally?—A, Oh, I couldn’t say, sir. 

Q. Y’^ou would not swear that you could recognize and call the names of 
half of them, now, could you? In the west ward?—A. Judge, I could find them, 
if you tell me the man’s name I can almost tell you where he lives. 

(>. Well, where does C. M. Smith live?—A. He lives out on the Lincoln 
road: his home is there. 

(). Where does W. B, Sherwood live?—A. Salisbury cotton mill hill. 

(>. Do you know him?—A. Yes, sir. 

O. Do you know F. J. Hellard?—A. Yes, sii’; he lives on Crawford Street. 

<). R. P. Abernethy?—A. Yes, sir; lives on Hill Street. 

Q. Y'ou simply mean that you have a pretty general acquaintance out there 
on (fiiestnut Hill by renson of the fact that you have been in the mercantile 
business for a number of years, and have sold goods to a large number of 
the p(‘ople who live out there?—A. Y’'es, sir; and I mean to say that I know 
most of the people in the west ward, and you know that I do, personally. 

<}. How do you kno\s’ that I know that you know most of the people who 
live in the west ward?—A. Because you know me, and you know the people 
yourself. 

Q. Don’t you know that I don’t know one-third of the people that live in the 
west ward?—A. Well, sir, upon my word, I believe you know more than that. 

Redirect examination by Mr. Waggoner: 

Ch Mr. I.eonard, you know that these people, who made these affidavits, are 
Morking people and work in the daytime?—A. I do; yes, sir. 


1204 


CAMPBELL, VS. DOUGHTON. 


Q. I ask you. sir, if you know any reason why Mr. Doughton, in his hearing, ' 
(lid not bring witnesses in to testify to tlie challenges he made in his hearing? , 
Do you know any reason why he should not have called them in?—A. No; I 
don’t. 

Q. You know he did challenge a great number of people without bringing 
them in to testify?—A. Yes, sir; I remember that. 

Q. On their poll books, and nonresidents, and various other reasons?—A. Yes,' 
sir. 

Mr. C. K. YOST, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Waggoner: I 

Q. Mr. Yost. Charles R. Yost, was challenged by Mr. Doughton for the non- i 
payment of his poll tax for the year 1919, and is alleged to have voted at 
Heiligsville precinct. I ask you, sir, just to state what your given name is.— | 

A. Charley. Some call me Charles and some Charley. I sign it Charles. J 

Q. What are your initials?—A. C. R. 1 

Q. Is there another C. R. Yost who votes at your precinct?—A. No, sir; I 'I 
don’t know of any other C. R. g 

Q. I ask you if you paid your poll tax prior to May 1, 1920—1919 tax?—A. ^ 
Yes, sir. ^ 

Q. Is this receipt vour receipt for your 1919 tax?—A. Yes, sir; December 22, 4 

1919. i 

Q. Mr. Yost, have you a brother by the name of Jim Yost?—A. Yes, sir. 

Q. Do you know where he was living on May 1, 1919?—A. Yes, sir. 

Q. What township?—A. In Boston Crossroads; in that precinct. ^ 

Q. And do you know where he moved to from there?—A. He moved from 
China Grove down there? ^ 

Q. Now, what is his name?—A. His name is Jim, but a lot of people write it 
out .Tames. Jim is his right name; Jim W. or .1. W. He is the only J. W. Yost 
in that country; the only Jim Yost. There is a Jim Yost in Salisbury. 

Q. He was challenged for the nonpayment of poll tax by INIr. Doughton?—A. 

Y^es, sir. >.'j 

Q. For the year 1919. Do you know if he paid his poll tax or not?—A. His 
receipt shows that he did. ij 

(j. You have seen his receipt?—A. Yes sir. 

Q. He is the same person who is challenged for having voted at Heilig’s mill 
without having paid his poll tax?—A. No: Boston Crossroads. 

Cros.s-examination by IMr. Crauj : 

Q. He goes by the name of Jim Yost?—A. Jim Yost; but a lot of people write r. 
it .Tames. But Jim is his right name; Jim W. 

Q. When did he live Heilig’s mill precinct?—A. He has not been in Heilig’s 
mill precinct for a good while. He moved to Boston Crossroads, where he lives 
now. 

Q. How long has he been thei‘e?—A. He moved there—I just don’t remember >1 
what time he left. He moved last fall or summer some time. I just can’t say f 
what time he moved. si 

Q. Was it August or September?—A. Oh, it was along in the fall of the 
year. ■ 

Q. October or November?—A. Last fall was when he moved. 

Redirect-examination by IMr. Waggoner: 

Q. Did be work a crop there?—A. Yes, sir. ® 

Q. Do you mean he moved there last fall, or last fall a year ago?—A. T./ast 
fall, a year ago. He worked one crop there. .« 

£j 

Mr. J. A. CRANFORD, a witness introduced by the contestant, being first 
duly sworn, testified as follows: I 

Direct examination by IMr. Waggoner: 

Q. Mr. Cranford, you were one of the judges for the last election?—A. E 

Yes, sir. ’ ' 

'!!. Do you know K. M. Chaffin?—A. Yes, sir. ; 

(>. Do you know where he came from?—A. Davie County. 

Q. He moved into your precinct—Scotch-Irish?—A. Y^es, sir; Mr. Johnson’s 
farm, up on the river. ’ ’ i 




CAMPBELL VS. DOUGHTON. 


1205 


Q. I hand you tax receipt of K. M. Chaffin, and ask you to state if that 
sfiows he paid his poll tax for the year 1919, prior to May 1, 1920?—A. Octo¬ 
ber 27, 1919. 

Q. You know Mr. Chaffin was challenged by Mr. Doughton for nonpay¬ 
ment of poll tax, do you?—A. Yes, sir. 

Q. Mr. Cranford, Mr. A. E. McDaniels was challenged by Mr, Doughton 
for nonpayment of poll tax?—A. Yes, sir. 

Q. I hand you a receipt and ask you to see if that shows if Mr. McDaniels 
paid his poll tax prior to ^lay 1, 1920?—A. November 24. 

Q. What year?—A. 1919. 

Q. Mr. W. G. Smith-A. B. G. Smith. 

Q. Was challenged for the nonpayment of poll tax by Mr. Doughton. I 
hand you receipt and ask you to state if that shows he paid his poll tax 
pnor to May 1, 1920?—A. December 22, 1919. 

Q. Do you know R. O. McLoughlin?—A. Yes, sir. 

Q. Do you know how old Mr, McLoughlin is?—A. No, sir; he is a young man. 

Q. Mr. IMcLoughlin was ciiallenged by Mr. Doughton for nonpayment of poll 
tax for 1919. I ask you just to look at the affidavit made by W. D. McLoughlin 
and state who W. D, jVIcLoughlin is.—A. That is Walter McLoughlin; R. O. 
McLoughlin’s father. 

Q. That is the affidavit made by W. D. McLoughlin?—A. Yes, sir. 

Q. Just state when it says he became 21 years old?—A. That R. O. Mc¬ 
Loughlin became 21 years old in April, 1920, 

Q. You know that he is a young man?—A. Yes, sir; I have known him 
for several years. 

Q. Mr. Cranford, this receipt here of W. G. Smith, you state that is the 
same receipt that was handed you-A. That was intended for B. G. Smith. 

Q. He gave you that receipt?—A. Yes, sir, 

Q. Did he state to you that was the receipt he received?—A. Y^es, sir; that 
was the receipt he received when he paid his tax. 

Q. Do you know O. M, Saford?—A, l^es, sir. 

Q. Do you know if he paid his poll tax or not?—A. No, sir; I don’t, 

Q. S. A. Rudsell?—A. Yes, sir. 

Q. How old is he?—A. Fifty-four or possibly fifty-five. 

Q. Do you know J. D. Osborn?—A. Yes, sir; he lived on Mr. Joe Hall’s farm 
yeaV before last and paid liis tax. I suppose that is in Mount Ulla Township 
or Cleveland. That is the township where he paid. He has moved up in 
Iredell. 

Q. R. I’.. l>ayvault?—A. Yes, sir. 

Q. Do you know if he paid his poll tax?—A. He said he sent his receipt down 
here. T went to see him about it. He said he had paid them prior to May 1, 
1920. 

Q. S. D. Reek?—A. Yes, sir. 

Q. Do you know if he paid his poll tax?—A. Y"es, sir; he brought his receipt 
a!i(i handed it to me with his ticket, and I asked the other judge if he wanted 
to look at the ticket, and he asked me if it was before May 1, and I said, “ Yes; 
do .vnu want to look at it?” And he said, “No,” and gave it back to me, and 
I gave it back. 

Q. You saw the tax receipt, and it was paid before May 1?—A. Yes, sir; I 
don’t remember the date, but I know it was before May 1. He was a stranger, 
and said he thought a man moving into the county that way had to present his 
receipt, and I thought it was all right. 

Q. Where is L. C. Buoy?—A. In Winston-Salem. 

Q. How long has he lived in your precinct?—A. He moved in there and made 
a crop last year; winter before last. 

Q. The fall prior to the election?—A. Yes, sir; he moved in possibly about 
Christmas. 

Q 1019?—A. Yes, sir; and moved back then this past fall. 

Cross-examination by Mr. Carlton : 

(}. Mr. W. G. Smith is not the man that was challenged for nonpayment of 
IX)irtax?—A. V. G. Smith; that was intended for V. 

Q. Mr. Doughton challenged V. G. Smith?—A. V. G. Smith gave me that 
receipt. 

Q. You were not present when the receipt was issued?—A. No. 

Q. V. G. Smith is the man you know?—A. I know the man that gave me that 
receipt, and that is what he got in payment of his tax. 





1206 


CAMPBELL. VS. DOUGHTON. 


Q. You weren’t there when he j?ot it?—A. No; I wasn’t there when he paid 
his tax at all. i 

Q. Did A. E. McDaniels vote in your precinct?—A, Yes, sir. 

Q. Paid his taxes in Cleveland Township?—A. I never knew it. 

Q. Look at that receipt.—A. That is what it says; I can explain that to you. ■ 
Q. Just answer my question.—A. He lived in Cleveland Township prior to 
last year, and moved just across into Scotch-Irish. 

Q. Do you know wlien he moved into Scotch-Irish?—A. No, sir; he moved i 
about the general moving time; he was living on a farm, and he moved about ' 
the time other people do. 

Q. You don’t know when he left Cleveland Township?—A. No, sir; but I 
know he moved over on the other side and made a crop last year. 1 

Q. This purports to be a duplicnte receipt for K. M. Chaffin?—A. Yes, sir. 

Q. Do you know who wrote out that duplicate?—A. G. N. Winecoff, by W. T. ^ 
Hendrix. He told me he had misplaced his receipt, but would see if he could ^ 
get one. i 

Q. Who told you that?—A. Mr. Chaffin himself. J 

Q. This duplicate receipt here is supposed to have been signed by W. T. ■ 
Hendrix?—A. Yes, sir; deputy sheriff. |j 

Q. And this receipt shows that K. M. Chaffin was a resident of Callahah 1 
Township, in Davie County, doesn’t it?—A. Yes, sir. j 

Q. You never saw the original receipt?—A. No, sir. m 

Q. This doesn’t have the sheriff’s stamp on it or the sheriff’s seal on it.—A. I s 
know it doesn’t; but it has his name. J 

Q. You don’t know who put his name there?—A. No; but he went to Mocks- 
ville to get it. i 

Q. Who went?—A. Mr. Chaffin. 

Q. Where is he?—A. I suppose at home. 

Q. He is able to be up and about?—A. I guess so. j 

Q. Why didn’t you get him to come down here and swear instead of you 
swearing?—A. I think he came and brought that. , 

Q. Why didn’t he stay and go (ui the witness stand?—A. I didn’t ask him 
about that. 

Redirect examination by Mr. Waggoner: 4 

Q. Mr. Cranford, when Mr. Doughton challenged this man, he didn’t go to Vi 
Davie County to bring the sheriff here to show that he hadn’t paid his poll tax, ^ 
did he?—A. No, sir. 

Q. And now he undertakes to refuse to accept a duplicate receipt when it is j 
introduced; and you know this is the receipt the man received?—A. Yes, sir. Vi 
Q. Now, as to these men that you were questioned about, who have tax i 
receipts from townships other than the one in which they now live, you know 
that they were living in the precinct in which they voted long ienough In' :■ 
qualify them to vote?—^A. Yes, sir; Mr. McDaniels made a crop last year, and / 
it takes about 12 months to make a crop. He moved in the wintertime. i 

Q. You stated he moved about the general moving time?—A. Y'es, sir. t 

Q. What you mean by that is that people who move about generally movevj 
in the fall?—A. Just about Christmas, I suppose. 

Q. You mean by that to say that he moved along in December, 1919?—A.j|j 
Yes; I think so. « 

Recross-examination by IMr. Carlton: 

Q. You agree to evei^dhing that Mr. Waggoner says, won’t you, Mr. Cran-W 
ford?—A. Not exactly, unless I think it is so. 

Q. You know there is no record in Rowan County in any township that this^ 
man Chaffin paid any poll tax for 1919, don't you?—A. No, sir; but I guess m 
it is in Mocksville. ™ 

Q. You know there is no record in Rowan County?—A. Other than that 
receipt. 

Q. Why don’t you make some effort to get some record over here from 
Davie County?—A. I suppose he thought that was record enough. He got a 
duplicate. 

Q. You don’t know whether that duplicate is correct?—^A. I have reason to 
believe it is. 

Q. This receipt came from an overwhelmingly Republican county, didn’t 
it?—A. It is a Republican county. 

Q. And it has the name of a Republican sheriff signed to it?—A. Yes, sir. 

Q. And a Republican deputy?—A. I suppose so; I think so. ’ H 






CAMPBELL VS. DOUGHTON. 


1207 


- Q, There is no certificate or affifluvit that that is a copy of the original record, 
is there?—A. No, sir; not from the slieriff. 

Redirect examinat'on hy INIr. Waggoner: 

Q. Mr. Cranford, I hand yon certificate and ask yon jnst to read what that 
says.—A. Th s is a cert ficate that K. M. Chaffi:i paid his 1919 taxes; seems 
like it is October 27, 1919. 

Q. Si.itned by whom?—A. O. F. Winecoff, slieriff, hv W. P. Hendrix, April 
1, 1921. 

Re-recross-examination hy Mr. Carlton : 

Q. Do yon know W. P. Hendrix?—A. No, sir; I don’t. 

Q. Yon don’t know whether he is deputy sher ff or not?—A. No. sir, 

Q. There ks no affidavit or seal on this certificate?—A. No, sir. 

Mr. L. iM. TROUTrdAN. a witness introduced hy the contestant, heinp: first 
dnly sworn, testified as follows: 

Direct examination hy iMr. AVaggoner: 

Well, Air. Troutman, what are yonr inifals?—A. I.,. AI. Troutman. 

Q. Mr. Troutman yon were challenged hy Mr. Donghton for nonpayment of 
poll tax for the year 1919 ])rior to Alay 1, 1920. Jnst state whether or not 
yon paid yonr poll tax for 1919 prior to Ala.y 1, 1920; and if so. where?—A, At 
Badin ; I don’t know wliat precinct. I paid them in Stanl.v County. 

Ts this yonr receipt?—A. Yes, sir; that is my receipt. 

Q. l^on paid yonr tax in Stanly County?—A. Yes, sir. 

(}. AVhen?—A. Jannary 31, 1920. 

(N AVhat in-ecinct did yon vote hi?—^A, Badin- 

i). AAhiat ])i-ecinct did yon vote in—th's county?—A. Yes, sir. I voted in—— 

Q. Alorgan No. 1 ?—A. Yes, sir. 

Q. Alorgan No. 1 or No. 2?—A. T don’t remember. 

('ross-examination hy Mr. (’arlton: 

Q. Ho\y long had yon lived in Stanly County?—-A. Twelve months—longer 
thon that—14 months. I reckon. T worked there. 

Q. AAliere did yon live before yon went to Stanly County?—A. Rowan County. 

Q. Plow many years did yon pay taxes down in Stanly County?—A. One 
year: that was my first year after becoming of a.ge. T came of age while I 
was living in Stanly County. I gave in my taxes and paid them. 

Q, This receipt is from Stanly County and Alhermarle Township?—A. Yes, 
sir. 

Q. In regard to Rowan County—that yon had paid no poll tax for the year 
1919 is true?—A. No, sir; not that I know of. » 

0. Do yon remember the time when yon cinne hack over hc're?—A. No, sir; 
I don’t. 

Q. AA'hat kind of work were yon doing at Badin?—A. (Carpenter work. Came 
l)ack here in Alay or June—I don’t remember which month—came hack and 
went to work liere. AAh)rked fo?- Air. AAkaggoner. the conti-actoi*, here in Salisbury. 

Q. AA'hat time did yon leave Sal'shnry?—A. In December. 1 believe. 

(). That was in 1920?—A. Ah's. sir. 

(>. And from Badin, in Jnne. 1920. yon came to Salishnry and went to woi'k 
foi* the contractor. AA'aggoner?—A. Yes sir. 

(}. And conliimed to wo)-k for AA'aggoi'er nnt 1 December. 1920?—A. Yes, sir. 

Q. And then moved down to Alorgan Township?—A. ATls, sir. 

(}. In November. 1920. yon were liv'ng hei-e in Salishnry?—A. A>s. sir. 

Q. And had been living here for owr fonr months, hadn’t yon?—A. A"es. sir. 

(}. AA'ho prevailed upon yon to vote down there in Alorgan Township?— 
A. AA'ell, T thought I had «a r\ 2 :ht. T had been there. Coin" by the way all 
the rest of the people in the country voted. Seeing 1 had been there since be¬ 
fore December. 

Q. Yon knew that yon would have to be the precinct foni- months before 
yon were qualified to vote?—A. A’es sir. 

Q. And knew yon wonld have to be in the comity six months?—A. Yes, sir. 

Q. Yon hadn't been in Rowan Comity six months?—A. A"es, sir. 

Q. From Jnne to November?—A. T left Badin in Alay or Jnne. 

Q. How do yon get six months from Jnne to Noveinber?—A. I left Badin .in 
1919, Alay or .Time. 

Q. Didn’t yon swear awhile ago it was .Tune, 1920?—A. I didn’t mean to 
say so, and didn’t understand it that way. 




1208 


CAMPBELL. VS. DOUGHTON. 


Q. When yon voted you had been livinj,^ up here in Salisbury four months?— ' 

A. I had been hack in the (country four months; went back there after Olirist- 
mas; back down in the country. r 

Q. How did you get so mixed up on your dates, Mr. Troutman?—A. I just ' 

made a mistake in dates. 

Q. So you want to say now-A. I left Badiii in 1919, iMay or .Tune. ; 

Q. Wliere did you pay your taxes?—A. In Stanly County. 

Q. Pa d them yourself?—A. Paid them myself in Badin. 

Q. Were you in Albemarle or Badin when you paid them?—A. Badbi. 

Q. You were still working there?—A. Yes, sir. , 

Q. You paid them January 31, 1920, didn’t you?—A. l"es, sir. ' 

Q. Now, you say you were still working there when you paid your taxes?— 

A. Yes. sir. ^ 

Q. You luidn’t moved to Salisbury from Badin?—A. No, sir. | 

Q. And in .Tune, after you paid your taxes, you moved to Salisbury?—A. l"es, 
sir. ' 

Q. That would be June, 1920?—A. Yes, sir. ^ 

Q. And von worked for Mr. Waggoner here until Llecember?—A. Yes, sir. 

Q. 1920?—A. Yes, sir. 

Redirect examination by ^Ir. Waggoner : 1 

(}. Mr. Troutman, did you make your tax return while you were at Badin?— 

A. Yes, s'r. i 

(}. You made your tax return j)rior to May 1, 1919?—A. I don’t remember ' 
when. 

Q. When did yon leave Badin?—A. May or .Tune. 

Q. What year?—A. 1919, I reckon. r 

Q. Then you came from Badin to Salisbury?—A. Y^es, sir. 

Q. In May or .Tune, 1919?—A. Yes, sir. |i| 

(}. And stayed here until December, 1919, did you?—A. Yes, sir. * 

Q. Where were you the four months prior to the election in this past No- f 
veniber?—A. I was down in the country, on the farm; IMorgan Township. 

Q. Had yon been in this county six months before the election?—A. Y^es, sir. * 
Q. Had you been in the precinct four months before the election?—A. Y’'es, sir. 
Tended a crop there. 

Q. Then your statement, that you paid your taxes while you were still living 
in Stanly Comity, was a mistake?—A. Y^'es, sir. 

Q. You made your return while there?—A. Yes, sir. 

(}. And pa'd your taxes when yon came up here?—A. I went back there, and i 
don’t remember whether I paid it when I went back or while T was still working 
there. 

Kecross-dxamination by Mr. Carlton : 

(>. So everything you told me about the dates of your removal from Stanly 
to Rowan County is false?—A. May have been; I was mistaken in my dates. 

Q. When were you telling the truth—in answering my questions or follow¬ 
ing the lead of IMr. Waggoner?—A. I aimed to tell it botli times. All it was, I 
was m’staken in dates. 

Q. Were you telling the truth when you told me you were working in Badin 
when you paid these taxes?—A. Yes, sir. 

Q. And .von hadn’t moved to Salisbury to work for Mr. Waggoner at that 
time?—A. No. sir. 

Q. After you paid your taxes in Badin, you came to Salisbury and worked 
for iMr. Waggoner?—A. Y"es. sir. ' 

Q. And left Salisbury .sonTb time in December?—A. Between then and the 
fii’st of the year. M' 

(>. The .same year that you paid your taxes?—A. It was the same year I paid Mi 
my taxes, or the year afterwards; before Christmas or afterwards. 

Re-redirect examination by iMr. Waggoner; [I 

(>. Irrespective of what you said, and the mixture of dates, the mistake 
as to dates that .vou have testified to, what do you say in answer to this 
question : Were you in this county six months ])rior to the election and four . 
months in your precinct prior to the election?—A. Y>s, sir. In the precinct V'i 

and county fi’om- . I] 

Q. Just say whether you were in the county six months and the precinct four‘s ^ 
months prior to the election?—A. Y’'es, sir. I 

(). Now, you swear positively that is the truth?—^A. Y"es, sir. > [ 







CAMPBELL VS. DOUGHTON. 


1209 


Re-iveross-exaTniiiatioii by INIr, Carlton : 

Q. Yo\i swoi'e positively yon were in Radin when yon paid your taxes?—A. 
Yes, sir. 

Q. Yon swore positively yon came to Salisbury in June after yon paid yoiir 
taxes?—A. No; T never came to Salisbury in June. I came to Salisbury later. 

Q. I am askinj; yon if yon didn’t swear that awhile ajto; that yon came to 
Sali.sbnry in June and went to work for Mr. Wairgoner, the contractor?—A. I 
didn't mean to say so. 

Q. And yon said yon stayed here until .some time in Decemlan-?—A. Decem¬ 
ber or the first of the year. 

Q. And all that happened the year you paid your poll tax?—A. Yes. sir. I 
paid my tax, and came here .some time aftei* that in the summer and worked 
until December or the first of the year. 

Q. And your poll tax. or tax receipt, showed that yon paid your taxes 
January 81. 1920?—A. Ye.s, sir. 

Q. That is rip:ht?—A. Yes, .sir. 

Mr. D. A. TUODTiNIAN, a witness introduced by the contestant, beins first 
duly sworn, testified as follows: 

Direct examination by Mr. Waggoner : 

Q. Mr. Ti-ontman, is L. M. Troutman your son?—A. Yes. sir. 

Q. How lonjr was he in this county next preceding? the election in Novem¬ 
ber?—A. I don’t know exactl.v how lone. He was here a eood while. 

Q. He had been back in this county six months?—A. Yes, sir. 

Q. And had lived down there in the precinct where he voted, Mor.ean No. 
2—had he been there four months next precedine the election?—A. Yes, sir; 
about .six months, or maybe a little more, I can’t tell you exactly, but six 
months or more. He was speakinjx of Salisbury awhile aso—he made his home 
down at my home: came back every day. 

Cross-examination b.v iNIr. Carlton : 

Q. You are Ta INf. Troutman’s father?—A. Yes, sir. 

Q. You heard what he swore awhile as:o?—A. You sot him mixed up. 

(}. Didn’t you hear him swear that he was still living and working at Radin 
when he paid his taxes?—A. T heard him say something like that. 

(}. Do you know when he i)aid his taxes?—A. About tbe time. 

Q. January 81, 1920, according to the tax i-eceipt?—A. That is what T heard 
you people say. 

Q. You heard him swear that, after he paid his taxes, on January 81, 1920, 
he moved to Salisbury the following June, and worked for INlr. Wass'oner? 
Didn’t .vou hear him swear that?—A. He sot balled u]). 

Q. Answer the question.—A. He said somethins like that. T can’t hear .so 
Sood. 'I couldn’t hear what that lady asked me until I leaned over. 

Q. You undertake to contradict what your son swore on the witness stand?— 
A. I am not undertakins to contradict anythin.s he said. 

D. Yoor son is a truthful man?—A. Yes. sir. Sure. 

Q. You sive him a sood character?—A. Well. T did down at home. 

Q. Tf he were to make a statement to you about a matter, you would 
believe it?—A. Sure. 

Q. So you believe the statement he made her-f' awhile a so, taken down by 
the stenosi'apher?—A. If you hadn't sot him balled iq). He ain’t never been 
nowhere. 

Q. He is not easily bothered?—A. Yes, sir. 

(}. He was i)rett.v easily led around by Mr. Wassoner’?—A. He never seen 
him until to-day. 

Redirect examimdion l).v Mr. Waggoner: 

Q If he was to make a statement to you. about a matter, and then tell yoii 
he was mistaken about it. and correct it. you would believe that?—A. Why, 
sure I would. 

iNIr. .1. 11. HORSON, a witness introduced by the cont<‘Stant, beins first dul.v 
sworn, testified as follows: 

Dii'ect €'xamination by Mr. C.vmphell : 

(}. Where do you live?—.\. Cleveland. 


1210 


('AMPBELL VS. DOUGHTON. 


Q. Mr. Hobson. F. li. Corbett was eliallenjred by ]\Ir. Doii.a:btoii as not having? 
paid his poll tax for 1919. prior to May 1, 1920. I ask yon if you know Mr. 
F. R. Corbett?—A. Yes, sir. 

(>. I band yon tax receipt, and ask yon to state if it shows that F. R. Corbett 
paid bis poll tax prior to May 1, 1920?—A. Ye.s, sir; I think so. Looks like it 
is properly executed ; down in Robeson County. 

Q. What date?—A. November 22, 1919. And he says he paid it; told me so. 

(>. INfr. Hobson, J. R. Graham was challenged by Mr. Donghtoii for non¬ 
payment of poll tax. Do yon know Mr, Graham?—A. Yes, sir. 

(F I hand yon tax receipt, and ask yon to state if he paid his poll tax 
prior to May 1, 1920?—A. Yes. sir; December 22, 1919. And he told me that, 
if he had not paid his poll tax he would not have pretended to vote. That is 
what he said when I asked him if he paid it. 

(}. .1. R. Lytle was challenged for nonpayment of poll tax. Do yon know 
Mr. Lytle?—A. Yes, sir. 

Q. I hand ,von tax receipt, and ask yon to state if it shows he i)aid his poll 
tax prior to Ma.v 1, 1920?—A. Yes, sir; February 21, 1920; total tax for the 
year 1919. 

(}. J. F. Cain was also challenged by Mr. Donghton for nonpayment of poll 
tax. T hand yon receipt of J. R. Cain and ask yon to state if it shows he 
paid his poll tax, and if so, when?—A. Y^es, sir; it looks like November 18, 
1919, is plain. He had his receii)ts for both years. 

Q. .John Neel.v was also challeneged by ]Mr. Donghton for nonpayment of 
poll tax. I hand yon receipt and ask yon to state if it shows he paid his poll 
tax prior to IMay 1, 1920?—A. Yes, sir; November 26. 1919. 

Q. Mr. Hobson, do yon know the following people whose names I will call : 
J. R. Reeker?—A. Yes, sir, 

Q. P. L. Reeker?—A. Yes, sir. 

Q. T. L. Reeker?—A, Yes, sir. 

Q. S. INI. Goodman?—A. Yes, sir, 

Q. Douglas L. Hiseman?—A. Yes, sir. 

Q. Were those men in the Aiany on May 1, 1919?—A. T suppose the men are 
here if you want them to testify. I think Riseman was discharged here. 

Q. Were they in the Army at that time?—A. I guess they were. 

O. Do you know how H. F. Hoover voted?-—A. He voted the Demoeratic ticket. 

Q. Now, H, E. Hoover was challenged by IMr. Donghton for nonpayment of 
poll tax, and alleged to have voted the Republican ticket. Can yon say that he 
voted the Democratic ticket?—A. Yes, sir. 

Q. C. D. Hoover was also challenged?—A. Y>s, sir; he voted the Democratic 
ticket. 

Q. W. R. Little was also challenged for nonpayment of poll tax, and alleged 
to have voted the Republican ticket?—A. Yes, sir; he was a famous Demo¬ 
crat, Little was. He was one of the commissioners up there. 

Q. Do yon know John E. Kennedy?—A, Yes, sir. 

Q, He is challenged for the nonpayment of his poll tax for the year 1919, 
on or before May 1, 1920?—A. He voted the Democratic ticket. 

Q. Joe IM. Rrnner is also challenged for the nonpayment of his poll tax, and 
alleged to have voted the Republican ticket. Just state if yon know— 

A. He voted the Democratic ticket. 

INIr, Woodson. The contestee ob.iects to the last list of names, or any evidence 
as to the way they voted, for the reason that contestee never challenged these 
men for the nonpayment of poll tax, and the record does not .show that he did. 
The contestee hei-e tenders a typed copy of the evidence of W. F. Thompson, 
who testified to the nonpayment of poll tax of certain voters in Cleveland pre¬ 
cinct. 

IMr. CAArpnm.L. In answer to the above, the contestant, through his attorney, 
sa.vs that in the answer made by the contestee to the complaint of the contestant, 
he challenged the names .inst above referred to, and the contestant refers the 
contestee to said answer for his information, 

Mr. Woodson. In reply thereto, the contestee says that he never offered any 
testimony, ami the record shows that he never offered any testimony to 
the effect that any of the persons in the list last named above were 
challenged for the nonpayment of ])oll tax; and further the contestant, in 
his original petition and com])laint, set forth and alleged that a great nnmlan* 
of men, voters in the dlfherent precincts of Rowan County, N. C., failed to pay 
their poll tax, and so far has not offered any testimony to show that they 
failed to pay their poll tax; and further, that this present hearing is for the 


CAMPBEU. VS. DOUGHTON. 


1211 


purpose of rebuttal on the part of the contestant of any evidence introduced by 
the contestee, when he introduced his evidence, and any evidence other than a 
rebuttal is irrelevant and is objected to by the contestee, and is not permissible 
under the rules of Congress governing contests of this kind. 

>Mr. Ca]mpbkll. The contestant, through his attorney, states in answer to the 
above, that he servcnl notice on the contestee, through Ids attorney, on the 25th 
day of March, 1921, at his final hearing in Salisbury, that he would introduce 
evidence as to those challenges made in contestee’s original answer to the 
complaint of the contestant, who were found to be Democrats and challenged 
hy the contestee, and that the contestee lias had ample time, having been given 
notice to have these parties here, or evidence to show that they wei’e entitled 
to their vote, and that in introducing such evidence it is introduc('d as a clnss 
of evidence in rebuttal to the contestee’s original charge and answer. 

Mr. Woodson. To which the contestee rejil’es, through Ids counsel, that this 
is a hearing on the part of the contestant, in which the contestant has a right 
to offer rebuttal testimony only, time for the contestant to offer testimony 
having expired, and under no rule of Congress is the contestant required to 
prove a negative of a proposition, or the right of a person to vote by showing 
that he had paid his 1919 poll tax iirior to May 1, 3920, and that the contestee, 
in his last hearing, offered testimony in rebuttal to all persons that he desired 
to offer testimony in rebuttal, the challenge made on the part of the contestant; 
and that he objects to any new matter or new testimony or new challenge, on 
the ground that he does not have a reply, and further, on the ground that it is 
not required by rules of Congress, and that there is no reason, and the con¬ 
testant has shown no reason, why they should not have been brought in in his 
original hearing; and further, the case is being tried on evidence and not on 
allegation in either the complaint or the answer. 

Q. INIr. Hobson, the parties whose names you have just testified to, do you 
know if they have lived in the precinct more than four months prior to the 
election?—A. Yes, sir; they have. 

Cross-examination l)y Mr. Woodson : 

Q. Mr. Hol)Son, the tax receipt of John Neely was paid in Steele Township, 
Kowan County, wasn’t it?—A. I didn’t notice particularly about that. He 
voted in Cleveland precinct. 

Q. The tax i-eceipt of J. F. Cain appears to be paid in Franklin Township?—• 
A. Yes, sir. 

Q. The tax receipt of J. B. Little shows to be paid in Scotch-Irish Town¬ 
ship?—A. Yes, sir. 

Q. The tax receipt of J. W. Graham shows to be ]):iid in Locke Township?—• 
A. Yes, sir. 

Q. And the tax receipt of P. A. Corbett shows it was paid in Red Springs 
Township, Robe.son County?—A. Yes, sir. 

Q. It is written with a lead pencil?—A. Yes, sir; but it has that canceled 
stamp. 

Q. Looks like it was copied, doesn’t it?—A. Well, sir, I couldn’t sny about 
that. 

Q. Did you ever see a tax receipt made out in lead'pencil before to your 
knowledge?—A. I don’t believe I did. But he told me he paid it himself. He 
would testify to it if he were here. He is all right; a good man. 

Redirect examination by Mr. Campbet.l : 

Q. Do you know any other John Neely in Cleveland Township?—A. No, sir. 

(}. Do jmu know where this man came from?—A. No, sir. 

Q. Is this the tax receipt he gave you when you called on him?—A. I didn’t 
call on him; I sent for him. 

Q. That is the tax receipt he sent you?—A. Yes, s r. 

Q. Do you know any other J. W. Graham in Cleveland?—A. No. sir. 

Q. Do you know whether or not he came from Locke Township?—A. No; I 
don’t. He lives on a farm above there that he bought, not far from the Knox 
place; bought that farm I don’t know just bo\y long ago and has beeji living 
there ever since—long enough to make him eligible to vote. 

Q. That is the only J. W. Graham you know?—A. Yes, sir. 

Q. This is the tax receipt you got from him?—A. Yes, sir. 

xi. J. B. Little; is there any other J. B. Little you know of in Cleveland 
Township?—A. No, sir. He spells his name with a “ Y ” sometimes. 


1212 


CAMPBELL VS. DOUGHTON. 


Q. Do yon know if he moved into (develaiid Township from another town¬ 
ship?—A. Why, he lived on our farm, and then he moved to another farm 
above there about two years after tluit, and that is where lie was living when he 
Paul his poll tax. 

Q. He was living in Scotch-Irish Township when he returned his tax for 
1919?—A. Yes, sir; I think that to\Auiship runs up to there. Right near the 
intersection of the two townships—Cleveland and Scotch-Irish. 

Q. J. F. Cain; do you know any other J. F. Cain?—A. No. I didn’t know 
him until this election. 

(}. Do you know whether he came from Fi-anklin Townshiii?—A. I couldn’t 
tell you. 

Is this a tax receijit he gave you when you called on him?—A. Yes, sir; I 
got that [lersonally. He is living on the road halfway between here and 
Cleveland now. > 

Q. Mr. Hohson, this tax receipt of F. R. Corliett is stamped with the sheriff’s 
stamp as having been paid?—A. Yes, sir. He was going to testify to that to-day 
himself, but he is sick in the hospital. He was moved to Statesville the other 
day. He told me he paid this tax and gave me the receipt some time ago. 

IMr. .1. D. SHAVER, a witness introduced by the contestant, being iirst duly 
sworn, testified as follows: 

Direct examination by Mr. Waggoner: 

(y What precinct do you live in?—A. Morgan, No. 2. 

(). What are your initials?—A. .1. 1). 

Q. When did you hecome 21 years old?—A. September 9, 1919. 

Q. You were challenged by IMr. Doughton for nonpayment of poll tax for 1919 
and you became 21. you say. in September, 1919?—A. Yes, sir. 

The hearing takes recess until 2 p. m. 

Pursuant to adiournment, the hearing is resumed until 2.80 p. m. Thursday, 
May 5, 1921. 

Mr. A. H. PRICE, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Waggoner: 

(y IMr. Price, what official position did you hold in the November election?— 
A. Why, I held no official position in that election ; I was invited in the vot¬ 
ing i»lace of the noiffli ward, as 1 remember it, by the officers who were holding 
the election, for the purpose of counting the al)sentee vote. We had a table 
about the center of the room, and Mr. Swicegood-—IMr. Louis A. Swicegood— 
was present at the time, and the absentee vote was turned over to him, and 
we counted the absentee vote. Mr. Louis Swicegood was with me at that 
time. I think it was about 2 o’clock in the afternoon. As near as I can re¬ 
member. we had possibly 99 or 100 envelopes containing the absentee vote. 
Mr. Swicegood opened the envelopes and passed them to me for inspection. 
During the progress of the counting I think I ascertained the fact that some of 
the absentee votes did not contain the congressional ticket; that is to say, the 
Doughton congressional tickets. I called this matter to Mr. Swicegood’s atten¬ 
tion, and after that we endeavored to keep count of the number of votes cast 
by the various absentee voters which did not contain the congressional ticket of 
Mr. Doughton. 

Q. Or Dr. Campbell either?—A. Well, I was going to finish about that. My 
recollection is that Rltogethei- Dr. Csimphell had about 10 absentee votes. I 
don’t remember that any of Dr. Campbell’s tickets were missing from his 
absentee votes. 1 remember as many as 10 or 12 Doughton tickets; I remember 
that many. And I remember we had some little discussion about it, and we 
thought pei*haps the v(ffers had inadvertently omitted attaching those tickets 
to the regulnr Democratic tickets, and we wondered if it would be legal, if such 
was the case, to attach the Doughton tickets to those Democratic votes, and we 
concluded it was not; or we didn’t attach them. I suggested, after those votes 
were counted, for fear there might be some discussion later on, that we take 
those votes and have Capt. Shank place a rubber around them and place them 
in the box, and I think that was done, and I think they are there now. 

Q. Who was Caiff. Shank’?—A. Regi.strar for the north ward. 

Q. How many absentee ballots were cast in all in the north ward?—A. My 
r(‘collection. as near as I can recall, between 90 and 100. 


CAMPBELL VS. DOUGHTON. 


12ia 


Q. And out of that niiniher Dr. Campbell received about 10 votes?—A. Ten 
or 12, as near as I recall. Of course, I am speaking entirely from memory. 

Q. Now, out of that number Mr. Dougbton received about 80 votes?—A. I 
would say about that number; approximately that, tbougb I may be inc^orrect. 
Possibly IMr. Dougbton’s votes would total nearer 80 of the absentee votes and 
Dr. Campbell’s 10 or 12. As I said before, there were some 10 or 12 Dougbton 
votes missing from the absentee votes. No Dougbton ticket was attached at 
all to the absentee vote, and I called Mr. Shank’s attention to this fact. That is, 
to the 10 or 12 which I have mentioned. 

(^. Mr. Price, Mr. Martin, one of the judges, testitied here in the hearing of 
Mr. Doughton that Mr. Dougbton did not receive more than 10 or 12 of the 
absentee votes. You counted them, and know that he did receive more than 
that number?—A. Well, I think he must have been referring to the fact that 
10 or 12 of the Doughton tickets were not attached to the regular vote. I can’t 
imagine that he would say there were only 10 or 12 absentee votes cast for Mr. 
Doughton, because there were between 90 and 100 absentee votes in that ward. 

I won’t state positively, but I thiidv they are wrapped up now, with a rubber 
band around them, in that box. Because Capt. Shank, at my suggestion, I 
think, did that very thing. We were anticipating some discussion about the 
•matter on account of the fact that I had discovered that Doughton votes were not 
attached to the a])sentee votes, and I suggested that a rubber be put around those 
absentee votes, and I think that was done, and put in this box; and I sug¬ 
gested that it be sealed. It required some considerable time to count that 
vote. I think he would agree in a minute, if he were here. Mr. Martin did not 
count the absentee vote. 

Q. Mr. Shank counted them?—A. Yes, sir; and passed them to me. 

Q. Mr. Price, I ask you to state what official position you have held in this 
district or State?—A. Why, I was assistant to United States attorney from 
1900 to 1907. I am now standing master in chancery for the western Federal 
district of North Carolina. 

Cross-examination by Mr. Woodson : 

(^. I believe you said that you counted about 12 of the absentee votes coming 
in without Mr. Dough ton’s name?—A. That is a fact. I called iMr. Shank’s 
attention to it. 

(}. Aftei’ you noticed it?—A. I noticed it; that is a fact. 

Q. I believe the records show that Dr. Campbell, in the north ward, ran ahead 
of Mr. Parker, the Repuhlican candidate for governor of the State, about 47 
votes, didn’t he?—A. Approximately that. 

Q. And I believe, further, as a matter of fact, that Mr. Doughton ran behind 
Cameron Morrison, the Democratic candidate for governor of the State, 26 
votes?—A. Why, it was .something near that. T don’t know positively, hut some¬ 
thing about that. 

(}. Dr. Campbell ran about the same number of votes ahead of the electoral 
votes?—A. I think about 37 votes ahead of President Harding. 

Q. You think it might have been a little more or less? Might have been 
397 —A. Perhaps so; close to it. I know that, because we remarked and talked 
about it that night. What a good run Dr. Campbell had made in that ward. 

Q. As a matter of fact, Mr. Doughton. I l)elieve, according to your informa¬ 
tion about it, lost most of tho.se votes in the absentee vote in running behind 
his ticket?—A. He lost a number tiiat way in the absentee vote, no question 
about that. 

Q. And Dr. Campbell ran ahead of all his colleagues on the Republican 
tieket?—A. My recollection is that Dr. Campbell led the ticket in the ward 
from 35, possibly to 45, votes. 

Mr. B. M. BDWEN. a witness introduced by the contestant, l)eing first duly 
sworn, testified as follows: 

Direct examination by Mr. W.vggonee : 

Q. Mr. Bowen, what are your initials?—A. B. M. 

(). Mr. Bowen, you were challenged by Mr. Doughton, in his hearing, for the 
nonpayment of your poll tax. I wish you would just state if you paid youi 
poll tax for 1919 prior to May 1, 1920.—A. I paid my poll tax for 1919 on the 
24th of December, 1919. 

Q. Have you your tax receipt?—A. Y'es, sir. 


1214 


CAMPBELI. VS. DOUGHTOX. 


Mr. .T. W. SANDERS, a witness introduced by the contestant, being first duly 
sworn, testified as follows; 

Direct exaniination by Mr. Waggoner: 

Q. IMr. Sanders, you were challenged by Mr. Dougbton in bis hearing for the 
nonpayment of your poll tax for 1919. Just state if you paid your poll tax for 
1919 prior to May 1, 1920?—A. I did. 

(>. When did you pay it?—A. April 20, 1920. I have got my receipt in my 
pocket. 

Cross-examination by Mr, Carlton : 

Q. Did you pay it right here in the city?—A. In Sal.'sbury, in the courthouse. 

Redirect examination by Mr. Waggoner: 

Q. You voted in the west ward?—A. West ward. 


Mr. B. M. BOWEN, a witness previously introduced, being recalled, testifieil 
as follows: 

Direct exaniination l)y Mr. Waggoner : 

Q. IMr. Bowen, you are the .superintendent of the Salisbury Cotton IMill, 
believe?—A. Yes, sir. ■'O 

Q. Did you ever know a man by the name of .1. O. Brown in the west 9 
ward?^—A. J. O. Brown? E 

Q. Yes, sir.—A. No. sir : I don’t recall him. p 

Q. H. A. Cox?—A. No, sir. 

Q. Did you ever know R. P. Armstrong?—A. No, sir. 

Q. Did you ever know a man by the name of H. A. IMcDaniel?—A. No, sir; S 
I don’t know him. I have only been living there since July 1, 1919. • 

Cross-examination by Mr. Carlton : 

Q. How long have you lived here, Mr. Bowen?—A. I went to work at the » 
Salisbury Cotton IMills the 1st day of July, 1919, and moved there the Kith # 
of the next August. » 

Q. You don’t know one-half the folks in the west ward, do you?—A. No, sir; 

I don’t claim it. It 

Q. Where did you pay your tax—here?—A. No, sir, 

Q. Where?—A. Durham. I moved from Durham. Shipped mv things the J! 
4th of July, 1919. jl 

Q. You paid in Durham?—A. Yes, sir, i| 

Mr, J. IM. W. BOST, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 


Direct examination by Mr, Waggoner : 

Q. Mr. Bost, you were challenged for the nonpayment of your poll tax for 
1919 by Mr. Doughton in his hearing. I wish you would state if you paid your 
poll tax, and if so, when?—A. As near as I remember, the 22d of November, 
1919. 


Q. Where did you live May 1, 1919?—A. .Just 2 miles below Fait. 

Q. Did you live in Gold Hill precinct?—A. l’'es, sir. 

Q. Where did you vote in the last election?—A. Heilig’s mill. \ 

Q. In Gold Hill Township?—A. Yes, sir. | 

Q. Did you get this receipt from the sheriff’s office?—A. Yes, sir. 

Q, Now, Mr. Bost, how old are you?—A. Twenty-seven. 

Q. Do you know a man by the name of W. B. D. Bost?—A. No; I don't. 
Speak the name again. 

Q. W, B. D. Bost?—A. Y'es, sir; he is my brother. 

Q. You do know W. B. D. Bost?—A. Yes, sir. 

Q. Where does he live?—A. With my father; 2 miles below Statesville. 

Q. How old is he?—A. Twenty-one years old the 24th of last Septembei'. 

Q. September, 1920?—A. Yes, sir. 

Q. So, he wasn’t liable for poll tax for 1919?—A. It don’t seem so. 


Cross-examination by Mr. Carlton : 

Q, Who was that?—A. W. B. D, Bost. 

Q. Where is that?—A. Heilig’s mill; Barnhardt’s mill. 
Q. Where did he vote?—A, Barnhardt’s mill precinct. 
Q. He was not challenged at Heilig’s mill?—A. No. 



CAMPBELI. VS. DOUGHTON. 


1215 


Q. Didn t you say you voted at Heilig’s mill?—A. I did this year; last election 
I voted at Barnhardt’s mill. 

Q. When did you leave Gold Hill Township?—A. The 14th of March, 1920. 

Q. Where did you move to?—A. I moved in Litaker Township, just about a 
mile below Fait. 

Q. You lived in Litaker from that time until election time?—A. Yes, sir. 

Q. Your name—what is your name?—A. I suppose at Heilig’s mill precinct. 

Q. I am asking you what your name is?—A. John M. W. 

Q. That is the way you sign your name?—A. I discarded the M. 

Q. WJien?—A. Since I came home from France. 

Q. Since you came home from France you discarded the M.—A. l^es, sir. 

Q. When you went to France as a soldier you signed with the N.?—A. Well, 
I have three names, and two names are enough for any man. 

Q. You just decided to cut one out?—A. Yes, sir. 

Q. Your real name, your full name, the name that you are enlisted by in the 
United States Arm.v, is .John N. W\ Bost?—A. Yes, sir. 

Redirect examination by Mr. Wagoonek : 

(}. How did you register and vote?—A. John W. 


Mr, B. L. PEELER, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 


Direct examination b.v Mr. Waggonek : 


Q. Mr. Peeler, do .vou live at Heilig’s mill precinct?—A, Yes, sir. 

Q. Do you know .T. C. Gantt?—A. Yes, sir. 

Q. I hand you tax receipt of .1. C. Gantt, and ask you just to state what it 
shows. Does it show he paid his 1919 taxes on or before May 1, 1920?—A. 
Paid the 21st of .Tanuary, 1920. 

Q. Mr. Peeler, Mr. Gantt was challenged by Mr. Doughton in his hearing for 
the nonpayment of poll tax. Does that show he paid his poll tax? If so, where 
did he pay it?—A. In Wadeshoro Township, Anson County. 

Q. Mr. Peeler, you were challenged for the nonpayment of poll tax by Mr. 
Doughton in his hearing. I wish you would just state when you paid your 
1919 tax.—A. The 29th day of April. 1920. 

Q. B.‘ L. Ward was also challenged by IMr. Doughton. Did he vote in your 
precinct?—A. He didn’t vote at all. 

Q. Did S. A. Fink?—A. Yes, sir; he voted. 

Q. Who is S. A. Fink? About how old is he?—A. Twenty-six. 

Q. Do you know if he paid his poll tax?—A. I don’t know. He was in France 
up until .Tune; about the 15th of June he came back. 

(). Mr. Peeler. I ask you if J. C. Gantt—what is his given name?—A. .Tohn C. 
Gantt. 

Q. Do .vou know W. G. Gantt?—A. Yes, sir. 

(). Ju.'^t state what you know about W. C. Gantt?—A. He was a soldier boy; 
lives at Fait. 

(j. Do vou know whether lu' was ’u tlu' Arm.v May 1. 1919?—A. I don’t know. 
He was at Camp Jackson until the war cl<.scd a’u1 afterwards. He wasn’t sent 


a cross. 

Q. H. L. Gantt?—A. He was down in Virginia a good while. 

Q. Do you know Charles M. Jones?—.\. Yes, sir; another soldier. He wasn’t 
discharged until July. 

Q. Do you know AV. AAl Artz?—A. AA^s. sii-. 

Q. How old is he?—A. I suppose about 20 : right (dose to 2G. 

Q. Do you know John AW Bost?—A. He was on the stand here. 

Q. AAl F. Goodman?—A. He was a 'soldier hoy, now in Statesville. 

Q. Thev call him AValter?—A. That is his initials. 

Q. AValter F.?—A. Yes, sir. 

Q. E. B. Goodman?—A. He was a soldi(‘r hoy, too. 

Q. R. L. Goodman?—A. I don’t know that man. Might know him, hut not 
by those initials. 

(). Dal an.v such man vote in your ju’ecinct?—A. I don’t know him by those 


initials. 

Q. Do .vou know T. S. Lingle?— A. T. R. instead of T. S. 
Lingle. 

Q. In your precinct?—A. No, sii'. 


There is no T. S. 


1216 


(’AMPBELI^ VS. DOUGHTON. 


Q. What do you know nl>out T, U.?—A. Ho moved down to Kannapolis last > 
siinnner. Hadn’t been there hut a few months. Didn’t move all his furniture jj 
down. Just inove<l down there to work temporarily. I 

Q. Just took a few of his tliiuftsV—A. Yes. sir; and then he moved l)aek. 

Q. He kei)t his house and furniture?—A. Yes. sir; he kept it ah. 

Q. He had a .garden?—A. Yes. sir; worked a small ,uard('n after lie came liack. 

Q. Do you know John I.,. IVeler?—A. Yes, sir. 

(}. He was challenjied hy Mr. Dou.Miton. as a nonresident. Do you know 
whethei' he was a resident?—A. They lioth moved <lown there in the same month. 

Q. Dn ler the same circumstances?—A. Yes, s r. 

Q. Do you know IMrs. T. U. Linj«le?—A. Yes, sir. 

Q. She is the wife of T. R. Lin^le?—A. Y"es, sir. 

Q. Do you know B. iM. Eagle—Mr. and Mrs. B. iM. Eagle?—A. Yes, sir. 

Q. State whether or not they were residents.—A. They were in the same con¬ 
dition as Peeler and Lingle. 

Q. Just moved over to Kannapolis, temporarily, to work?—A. Yes, sir. 

(}. And tlien moved back. They didn’t ]*ent their homes out, did they?—A. 

No; kept the farm going. 

Q. Do you know A. M. IMisenheimer?—A. Yes, sir. 

Q. He was challenged by IMr. Doughton for the nonpayment of his poll tax 
for the year 1919. Do you know if he paid his iioll tax?—A. I brought his 
receipt along. 

Q. Is this his receipt?—A. Yes, sir. 

(). Just state when it shows he paid his 1919 tax.—A. March 20, 1920. 

Q. What townshii)?—A. Litaker Township. 

Q. AVhat initials?—A. A. IM. 

Mr. Daklton. We never challenged any A. IM. Misenheimer. 

(}. Do you know any person in your pi-ecinct hy the name of A. N. IMisen¬ 
heimer?—A. That is the one I was thinking about. 

Q. This is A. M.?—A. That is the same man. Tliere is no A. N. out there. 

Q. What is his given name?—A. Adolphus. 

Q. No such person as A. N. Misenheimer voted in your precinct?—A, No, sir. 

Q. Did this man Adolphus Misenheimer give you this receipt?—A. My father 
brought it to me; he gave it to my father. 

Q. There is no such person as A. N. Misenheimer?—A. I don’t know-of any. 

Q. No person out there with those initials?—A. Not that I know of. 

Cross-examination by Mr. Caelton ; 

Q. You say B. M. Ward didn’t vote?—A. No, sir. He went hunting. 

Q. Were you at the box all day?—A. Not all day. 

Q. You don’t know whether he walked up there and voted after he got back 
from hunting or before he went, of your own knowledge?—A. No; not of my 
own knowledge, but my father was judge, and he said he didn’t vote. 

Q. You know his name is on the poll book as having voted?—A. No; I don’t 
know that. 

Q. Have you examined the poll book to see if his name is on it?—A. No, sir; 

I haven’t looked at it. 

Q. ITm weren’t there all day yourself?—A. No; not all day. 

Q. You don’t know whether he came up there and voted in your absence or 
not, not of your own knowledge?—A, No; not only what my father said. 

Q. You don’t know that he stayed in the box every minute?—A. Well, he did, 
all right. 

Q. He was right there when every vote was cast?—A. He was judge. 

Q.' They all stepped out, for one thing and another, during the whole day?— 

A. I know he didn’t vote, because I know where he went rabbit hunting. 

Q. A man don’t have to stay all day rabbit hunting?—A. No, sir; but he 
didn’t get back. 

Q. You have hunted awhile and then come back?—A. Yes, sir; but he didn’t 
come back. 

Q. You know that of your own knowledge?—A. I do. He didn’t get back 
until 10 o’clock. 

Q. You don’t know that his name appears on the poll book as having voted—• 

B. L. Ward?—A. There is no B. L. Ward. R. F. Ward is his name. There is 
no boy out there by such a name as B. L. Ward. 

Q. How many families of Wards are there in Litaker Township?—A. Isn’t 
but one family. 

Q. How many men?—A. Three. 

Q. Do you know B, L. Ward?—A. No, sir; I don’t think there is any. 


CAMPBELJ. VS. HOUGHTON. 


1217 


Q. You don't know whether B. L. Ward paid his poll tax?—A. I know he 
didn’t in Litaker Township; there’s not any. 

Q. You heard these receipts introduced from other townships and other 
counties?—A. I am talking about Litaker Township. 

Q. Do you know whether B. L. Ward paid his poll tax in any other county 
and township in North Carolina and voted in Litaker Township? .Just answer- 
the question.—A. I don’t think there is any B. L. Ward. 

Q. You introduced a tax receipt from Wadesboro?—A. Yes, sir. 

Q. Do you know he paid his tax down there?—A. According to that receipt. • 

Q. He came back to vote?—A. Yes, sir; moved back. 

Q. How long before the election? On election day?—A. I don’t know how 
long. I know according to that receipt. 

Q. All you know he came hack and voted from Wadesboro?—A. Yes, sir. 

Q. Wadesboro is in Anson County, N. C.?—A. Y’^es, sir. 

Q. Now, Mr. and Mrs. Lingle moved from Litaker Township over to Kan¬ 
napolis?—^A. Yes, sir. 

Q. And went to work there?—A. Yes, sir. 

(i- And lived there?—A. Lived there, and had part of their furniture at home, 
.lust took enough to get by with. 

Q. Went to Kannapolis and were living there?—A. Had their house rented. 

(}. And were living there? And were living there not less than four months 
before the fall elect on, weren’t they’?—A. Yes, sir. 

Q. They rented a house over there?—A. Yes, sir. 

(). Then they were l.ving in Kannapolis?—A. Part of the time. Once a 
week the.v came home to Fait. 

Did the.v keej) anyone in the house’?—A. No, sir; it was locked up during 
the week. 

Redirect exam nation by IMr. Waggoner : 

(}. I a.sk you, sir, if it i.sn’t the cusRun of i)eople out in your lu-ecinct, that 
section of the country, to go off for a few months in the summer and work in 
the 111 11s. as these peoji’e you have .pist testified about’?—A. Yes, sir; there 
isn’t hut one bus ness out there, and fellow .some times get out until business 
picks u]). 

These people you have ju.st testified about have their homes and main¬ 
tain their homes (U- residence while they were work.ng over at Kannapolis?—A. 
Yes, sir. 

Q. You heard those iieople. every one of them, say that tlu'y w(M-e only g(» ng 
over there temporarily to .work?—A. Sure. The.v came hack onc(' a week. 

Recross-examination h.v i\Ir. Carlton : 

Do you know why ’hey can’t come here and testify themselves? Why 
you are here testifying about where the.v lived at that time’?—A. No; Mr. 
iangle has been sick. 1 <lon’t know whether he is able to come to town. 

Q. H s wife is not sick’?—A. I don’t know. 

(i. And neither is this other couple sick?—A. He runs a store. 

Q. There is nothing to keep him from coming up here to testify? You are a 
hus.v man yourself’?—A. Not at the jiresent time- 

(i. You are on the stand now; hut you are a busy man, you are not loafing*?— 
A. I am loafing to-day. 

(). You are hei-e under suhpien F?— a. No. 1 didn’t have anything to do 
to-day. 

You ar(‘ a man of affairs—a work.ng man’?—A. Yes, sir. 

And you are here testifying about Lingle, and these other people’.-'—A. 
Ves. .‘dr. 

(). And thev are not here?—A. No, .sir. 

(J. The.v live in Fait?—A. Right close to Fait; not in the town. 

(J. Where does Eagle live’?—A. About 7 miles. 

Q. Lingle’?—A. Six. 

(^. How far do .vou live?—A. Six. 

It is .just as near for them to come as it is for you’?—A. 1 don’t know 
how convenient it would he for them. It was all right f(»r nu'. 

Q. The.v are not here saying they were not residents of Kannapolis’?—A. We. 
can get tiiem for you. I guess. 

Q. “We”; whom do you mean h.v “we”’?—A. Myself. It would imt take 
long to get them here. 

You are not a i)art of this (contest’?—A. No, sir. 

nidfir)—21-77 



1218 


CAMPBELL VS. DOUGHTON. 


Mr. AVINECOFFj'a witness previously introduced by the contestant, being 
recalled, testified as follows: 

Direct examination by Mr. Waggoner: 

(}. You were one of the judges in the November elect’on in the west ward?— 
A. Yes, sir. 

(}. l>o you know Mr. aiul Mrs. U. W. Hudson?—A. Yes, sir. 

(J. Do you know' bow long they have been in the w'est \vard?—A. I don’t 
know lioiv long they have been in the west wai'd, but I know liow long they 
have been in to\vn; they came in August, 1920. 

Q. Did they vote?—A. Yes, sir. I challenged them, but they voted anyway. 
They were not here long enough- 

Mr. Woodson. Contestee objects to this testimony on the ground that it w'as 
teslified to at the contestant’s original hearing, and that it was )tot in rebuttal 
to any testimonj' offered by the contestee. 

Q. Mr. Winecotf, do you know W, L. Scruggs?—A. I don’ knoiv him, but he 
came here the same time Mr. Hudson did. 

Q. And that was in August, 1920?—A. Yes, sir. 

Q. He and his wife both?—A. Yes, sir. 

(F Did they both vote?—A. Both voted; but I didn’t know them and didn’t 
say anything about it, but they voted. < 

Q. Do you know D. H. Dean?—A. Yes, sir. 

Q. State what you know about him.—A. When 
they asked me what Mi-. Dean voted and I said 
is a good friend of mine, and a nice fellow, and I 
what he voted. He said the Democratic ticket. I 
I wanted to be certain. I said. “ Did you ])ay any 

I asked him how long he had been here, and he said he had lieen here about 

year. I sahl, “Where did you come from?’' He said be came from South 
Carolina. I said, “ Well, you wasn’t entitled to vote here.” And he said, “ No; 

I wasn’t entitled to vote here, and I told the registrar that wanted me to register 
that I wasn’t entitled to vote, and didn’t care anything about it, and didn’t 
know any of them” Init he said they insisted uiion him voting. 

Mr. Woodson. The contestee objects to this testimony on the iiart of the 
witness on the gi-oimd tlmt il is not in rebuttal to any testimony offered by 

the contestee, and that it has not been shown by the conte'^tant that there 

was any reason for its not be’ng given in the original bearing, so that the 
contestee might have had an opportunity to answer this evidence before his 
time for answering had expired. 

A. He was (hal onged before f<'r not iiaying Ids tfix, and he voted the Demo¬ 
cratic fcket—said he did—that is all I know about it. To hnd out I was right 
I asked him and that is what he told me. 

Q. Mr. Winecoff did you notice any Democratic tickets voted in the west 

ward which did not include the congresshinal ticket for Mr. Doughton?_A. 

Well, that was nothing only absentee, and tbat was testilied to in the other 
bunch. T said there were about eight—betwinm six and eight, I believe, is what 
I said—that did not have Camiibell tickets or Doughton tickets, one. 

Q. All Democrats?—A. About that many that did not have Doughton tickets 
out of 125, around 125 voted; didn’t have Doughton tickets in them out of 125; 

I said between (5 and 10; I testilied to that in the other testimony; but in J 
regard to Mr. and JIrs. Scruggs 1 didn’t say anything about that: I was asked- 
if T k’-'w Cm in and 1 sai l T didn’t. 

Q. lo the best of .’sour judgment, liow man.v absentee votes did IVIr. Doughto^^^ 


1 was on the stand before 
the Democratic ticket. He 
went to him and asked him 
said I was not certain and 
tax here? ” He said, No.” 


get 
Mr. 


Woodson. 


The contestee objects on this ground, that this matter was 
all gone into b.v this witness at the original hearing of the contestant and 
has just been so stated by the witness on the stand, and the contestee has offered 
no evidence in i-eply to the original evidence given bv this witneess and therefore 
now objects to the (piestion on the ground that it is not in rebuttal to anv 
testimony heretofore offered by the contesteee. 

Q. Now, then, go ahead, IVIr. Winecoff, and state just Imw manv absentee 
ballots were cast for Mr. Doughton?—A. Honestly, I don’t know Around 1^5 
absentee votes were cast there; that was absentee. 

Q. .lust state how many out of the 125, that Dr. Campbell got. —A Well it 
wasn’t over four or five. 


Q. And INTr. Doughton got all the others of the 
G to 10. that didn’t include a congressional ticket?- 
T testified to before. 


125 except, you say, from 
—A. Yes, sir; that is what 



CAMPBELL VS. DOUGHTON. 


1219 


Cross-exaiiiinatioii by Mr. Woodson : 

Q. I will ask you if Mr. Doughtoii’s vote in your ward, where you were 
judge, was not 881 votes, as near as you recall?—A. It seems to me Doughton 
got 883 and Campbell 500 and something. 

Q. Isn’t it your recollection that Senator Overman got about 930 votes?— 
A. Yes, sir; it was around that somewhere. 

Q. I ask you if Cameron Morrison’s vote, running for governor, wasn’t 
927?—A. It was by voting all those illegal votes, 

Q. I am just asking you if that wasn’t the vote?—A. That is about right. 

Q. How do you explain that INIr, Doughton ran behind Senator Overman and 
Gov. Morrison an average there of about 50 votes at your box, the box where 
you were judgo?—A. There was a lot of Democrats here in town in person 
that did not vote for Mr. Doughton. 

Q. Will you name one?—A. 1 can name some of them, but I don’t have to. 

Q. We want to know why Mr. Doughton ran behind the rest of his ticket?— 
I don’t know why they didn’t vote for him. 

Q, According to your testimony, you say INIr. Doughton didn’t lose but about 
five or six of the ;\bsentee vote?—A. P>etween 6 and 10, 

Q, You say ho didn’t lack getting but from 6 to 10 absentee votes, yet when 
the absentee votos were counted out he was 50 behind the ticket.—A. Dr. Camp¬ 
bell didn’t get them either. 

Q. I know tliat.—x\.. Because a lot of Democrats in town didn’t vote for 

Doughton, and didn’t vote for Campbell, and vote for IVIorrison- 

Q. Now, name some Democrats who scratched their tickets.—A. I don’t have 
to do that; that is up to you to find out. I don’t know them all: I know some. 

Mr. Waggoned. The contestant objects to the contestee going into personal 
matters, and inquiring of the witness about matters which are irrelevant, and 
not pertaining to this matter in question, 

Q. Now, iMr. Winecoff, name a man who voted in person who did not vote 
for Mr. Doughton—a Democrat?—A. I don’t have to name them. 

Q. I ask you again to name a single one who left off Doughton’s ticket, who 
presented himself at the box and voted in the west ward of the city of Salis¬ 
bury?—A. Mr. Earle was one. 

Q. Which Earle? An Asheville man?—A. Yes, sir. 

Q. What ticket did Mr. Earle vote? Part Republican? Isn’t he nationally a 
Repuldican?—A. I don't know what he voted; only I know he didn’t vote for 
Doughton. 

Q. He voted for Overman?—A. Yes, sir. 

Q. l^ou worked for him?—A. Yes, sir. 

Q. Isn’t he a national Republican and votes the rest of the ticket whatever 
he wants to?—A. I don’t know about that. 

Q. What State did he come from down here?—A. He came here from Virginia 
Q. Where was he raised?—A. He is a natural born INIichigan man. 

Q. Name another.—A. He came here from Virginia. 

Q. Name another, if you recall; a Democrat; don’t give us an independent 
from Michigan. Do you recall any more, Mr. Winecoff?—A. I didn’t know you 
were going to call on me for that. I have got my record, but I can’t call names. 
I have got them at home, and could have had them if I had known you were 
going to call on me for that. 

Mr. T. R, SIMPSON, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Waggoner: 

Q. Mr. Simpson, where do you live?—A. No. 913 South Main. 

Q. What ward?—A. West ward, in the State and county election, and south 
ward in the bond election. 

Q. Do you know C. H. Sherwood?—A. Yes, sir. 

Q. Do you know what his politics is?—A. He is a Democrat, 

Q. He was challenged by Mr. Doughton, for nonpayment of poll tax, in his 

hearing, for 1919. Do you know anything about Mr. Sherwood? Where is 
he?—A. He is at work. 

Q. Here?—A. I’^es, sir. 

Q. And you sav he votes the Democratic ticket?—A. Yes, sir. 

Q. And did vote it at the fall election?—A. I say he said he did. He told me 

he did. , , „ 

Q. That is his reputed politics?—A. Oh, yes; his family has been Demo¬ 
cratic for year; all of them. 



1220 


CAMPBELL VS. DOUGHTON. 


Cross-examination by Mr. Woodson : 

Q. He was a regularly qualified voter, and voted in the west ward?—A. 
Yes, sir. ' 

Mr. E. E. STULTZ, a witness introduced by tbe contestant, being first 
duly sworn, testified as follows: 

Direct examination by Mr. Waggoner : 

Q. Mr. Stultz, your initials are E. E.?—A. Yes, sir. 

Q. You were challenged by Mr. Doughton, for nonpayment of poll tax, for 
the year 1919?—A. Yes, sir. 

Q. I ask you where did you vote?—A. Spencer. 

Q. Did you pay your tax, on or before May 1, 1920?—A. I did; April 24. 

Q. And you have a tax receipt for it?—A. Yes, sir. 

Q. This is your tax receipt ?A. Yes, sir. 

Q. What township?—A. Richland Township, Randolph County. 

Cross-examination by Mr. Woodson : 

Q. This is written, on the face of this tax receipt, is it not: “ This tax was 
paid on date mentioned, about ” ?—A. Above. 

Q. Who wrote that?—A. H. E. Jenkins. 

Q. The receipt says April 24, 1920.—A. That is a duplicate. My original 
receipts was lost, and that is why that was put there.— 

Q. What became of your original receipt?—A. I don’t know, sir; I lost it. 

Q. When did you move up here?—A. I came in .January. 1920. 

(}. And this is a copy of your receipt?—A. Yes, sir. 

Q. How long did ;^ou live in Randolph County?—A. I was raised in Randolph 
County. 

Q. Have you been back any since you came up here?—A. Not to stay. 

Q. How long did you stay when you went?—A. Went down Saturday and 
back Monday. I haven’t been back in Randolph, at work, since I left there. 

Q. Are you married or singe?—A. Single. 

Q. Where do your mother and father live?—A. Itandolph County. 

Do you go back and forth to see them?—A. About once every two months. 

(1. Just like I^ingle and his wife?—A. I couldn't give any information about 
that. 

Mr. E. H. I^EAN, a witness introduced by the contestant, lieing first duly 
fnvorn, testified as follows: 

Direct examination by Mi-. Waggoner: 

Q. Mr. Bean, just go ahead now and state what you know about tbe tesfmony 
inl^roduced by Mr. Doughton, in his hearing, in regard to the list of names you 
have there in your hand?—A. Mr. Shank testified, at Mr. Doughton’s hearing, 
first, in regard to tbe absentee list, that I testified al)out previously, and I find 
that the following names, that he said were not 21. are on the registration 
book: drover C. White, Martin Keller, W. T. Parker, T. K. Daniels, E. I^. Jones, i 
Thomas Baker Z. P. (or C. P.) Smith, IT IM. Russell, T. J. IR‘own, R. E. Dead- 
man, I.. T. Ci’ess, S. C. Carriher, Sam T. Ell Is, I^uther IMoore, I^. W. File, I^. E. 
Penninger, and G. AV. Ruft.v—all these IMr. Shank said were registered as not ^ 
21 years of age. They all registered back in the Democratic primary, in May, I 
1920, and we couldn't locate them. A number of citizens tried to locate them”! 
around there. P. M. Felker registered at that Fine: it is marked on the regis"^ ^ 
tration book, “ AVent to Davidson College, June, 1920.” T. .1. Miller, or Martin, 
is not on the registration book. Thomas J. IMaifin is on, and voted at another 
jilace; shows on the poll book that he voted at another place. In that list he 
also had J. D. Ridenbour. There are two Ridenhour’s on the reg stration book: 

J. lA. Ridenbour, who wtis 21 years of age, DOS, and J. Ih Ridenhom-, who was [ 
85 years of age in 1910. Mr. Shank testified that the following were over 50: 
Joseph B. McLean, E. AV. P>arker. V. I.. Davis, Ah M. Cauble. Thomas Harris. 
They all registered in the Democratic* primary. Simply marked “ Noi*th AAhird,” 
and we couldn’t locate* them. He said E. B. Arey had ])aid his poll tax ; he is not 
i-egistered, and has not been here in some years. He is in Massachusetts. 
Charles Parker is not registered. He teslified that he voted. Douglas Collins 
and G. S. Boylan are not registercMl. G. (}. Aliller was ])ut down as a soldier. 
He hasn’t left hei-e. He* is married and lived h(*re all during the war. Fact is, 
he was in another ward at that time. T.ee A. Shum.ai! can not he located at alh 
He testified the follow,ng were not on the i)oll books: (). H. Varner should have 



CAMPBELL VS. DOUGHTON. 


1221 


been O. H Barrier, because that is the only O. H. on the wliole books. He testi- 
hed Jerry \anderpool was not bn the poll books. That is Jerry Vanderbilt. I 
testified about that the first time. That is a misprint from Dr. Campbell’s 
eMdence. I ^uess. Henry Dobson, no poll. He ’s a one-armed man and is 
exempt. 

(}. These names you are testifying? to, they voted what ticket?—A. They were 
all testified to before as having voted the Democratic ticket. 

Q. Did they vote the Democratic ticket?—A. Yes, sir. The following were 
testified to as not being on the registration book : M. C. Whitman • I find C 
Uhitman on the registration book, and C. Wh-tman voted. A. W. 1‘innick; f 
find Miss Addie W. Pinnick on the registration book. J. A. Tuttei-ow : couldn’t 
find him. The Tiitterow’s don’t know those initials. 

Q. These are people that are alleged to have voted the Republican ticket*’— 
A. Yes, sir. 

Q. And they can not be found?—A. No, sir; those last three. In the south 

ward Mr. Glover testified Mr. W. P. Smith lived at 118 South - and they 

say down there they don’t know only a couple of Smith boys, with the Smith 
shows, employed by Mr. Smith. He testified he didn’t know R. L. Shannalmn ; 
that no such person voted in the south ward. I testify he voted in the east 
ward. 

Q. The west ward you have just testified to?—A. L. O. Rosseau voted per¬ 
sonally the Democratic ticket. R. W. Elmer voted absentee, and the person 
who employed him, until he left here, said he skipped his bond last summer; 
left here and hasn’t been back. He testified Frela Hess was a soldier. I 
didn’t find that so, nor is he registered. 

Q. He voted what ticket?—A. Democratic. 

Q. He is not registered and you didn’t find he had been a soldier?—A. No, 
sir. Mr. Glover testified Mr. C. O. Brown was living at 124 East Hurraw 
Street. He hasn’t been there in four or five years. He went to Charlotte. 

Q. He voted absentee?—A. Voted absentee there, and voted in person in the 
north ward. 

Q. What ticket did he vote?—A. He is a Democrat. In the west ward there 
is no J. (). Brown on the poll book, and only one J. A. Brown. 

Q. Did J. O. Brown vote?—A. He testified that he hadn’t paid his poll tax. 
He voted the Republican ticket. One J. A. Brown lived here a year ago and 
paid his poll tax at Granite Quarry. 

Q. J. O. Brown was alleged to have voted the Republican ticket, and there is 
no such person?—A. No. 

(}. And no such person registered?—A. Not on the poll book. I think, pe?-- 
haps, that is a mistake for J. A., and there is only one J. A. He testified C. 
M. F. Graham hadn’t paid his poll tax. Here is a statement from the sheriff 
that he did pay December 6, 1919. He was challenged by Mr. Doughton for 
nonpayment of poll tax. G. L. File, brothers of the File family and Mrs. 
File say they know no one by the name of G. L. File. 

Q. Wife of W. A. File?—A. No. G. L. File is a man. .John C. Nail—I have 
an atridavit that he was 21 the 19th day of September, 1920. 

Q. He was challenged for nonpayment of poll tax?—A. Y’'es, sir. L. B. 
Coble was challenged for nonpayment of poll tax. There is no L. B. Coble 
or anything similar. There are a couple of Caubles in the west ward. L. D. 
Cauble resides there. He paid his poll tax December 24, 1919. Robert Long 
paid his poll tax February 12, 1920. Burley Yost was challenged for non¬ 
payment of poll tax. There is no man by that name. Mrs. .T. Gibb Yost 
said she gave him her name as V. J. C. S. Parish—I have an aflidavit that 
he was 21 the 4th of December, 1919. 

Q. He was challenged for nonpayment of poll tax?—A. Yes, sir—all these. 
J. D. Richai-dsoi'; I have ITs ])oll-fax recei])t. but can’t tell when he i)aid; 
looks like April 1, 1920. H. A. McDaniel must have been a mistake. I can’t 
find the name on the registration book. 

Q. He is alleged to have voted the Republican ticket?—A. Yes, sir. R. P. 
Armstrong—Mr. Leonard testified, and the superintendent testified, that there 
wns none by that name. There is one R. P. Abernethy. I thought, perhaps, 
he might be the man. J. P. Spencer voted the Democratic ticket; he was off 
duty that day and ran a machine; he lives near me. 

Q. He was challenged by ^Ir. Doughton for nonpayment of poll tax and you 
find he voted the Democratic ticket?—A. Yes, sir; he is a Democrat. E. L. 
Cagle iiaid his poll tax March 2, 1920. 



1222 


(^AMPBEI^ VS. DOUGHTON. 


Q. He was challenged by Mr. Doiighton for the nonpayment of his poll tax?— 
A. Yes, sir. AV. L. Allbright is challenged here for the nonpayment of his 
poll tax. This tax receipt was given me by Walter Allbright. Paid his poll 
tax April 15. That is the wrong receipt; strike it out. 

(Contestee objects to the evidence just given by the witness being stricken 
out.) 

A. (Oont nue<l.) AV. N. Henderson—there isn’t anybody of a similar name out 
there. He is challenged as not being on the registration book. There is a AV. 
Martin Henderson out tliei’e, the only simlar name; he registered, 47 years 
old—must be 00 now. Mr. Leonard testihed about him. Don Hartmann; he 
testified he w;is not on the registration book. He is registered, 60 years of age, 
over 80 now. K. AA'. Fetzer was testitieM to as being in the Army. He is about 
my age, and people say he was not in the Army. He is about 47; been married 
20-odd years, I suppose. It was testified to he was in the Army. He lived in 
Baltimore. 

Q. AAdiom did you have a conversation with about that?—A. I asked some of 
them right there. P. D. Clark; it was testified to he lived in Iredell County. 
He paid his poll tax here all the time he has been away—over 18 months. He 
voted up there. J. A. Rhine was testified to as having no home. He lives in 
1,200 feet from me. .1. P. Spencer was testified to as being in the Army. He 
certainly was not. He lives near me. 

Q. They voted for Mr. Doughton, did they?—A. Yes, sir; these last: Fetzer, 
Rhine, Spencer, and Clark. It was testified that O. F. Barnes, who is among 
the absentee voters, identified in the east ward, paid his poll tax and is on 
the registration book. He has lived in Horse Shoe Neck, in Davidson County, 
for several years. I testified that before, and it turns out it is true. 

Q. Make an exifianation there.—A. I thought it was true then, and I am 
inclined still more to think so now. I testified to his being an absentee voter. 
R. B. Davis I couldn’t find on the registration book. 

Q. Mr. Bean, what is the name of the man that you say you testified to be¬ 
fore?—A. R. B, Davis. 

Q. The one that you testified about in the original hearing—knowing about 
him? AA4io was that you just awhile ago said you testified to before?—A. 
O. F. Barnes. 

Q. Now, Mdiat did you testify to in regard to O. F. Barnes?—A. I testified 
that he wasn’t here and was among the absentee voters. 

Q. Did Mr. Doughton attempt to prove that he was here—at his hearing?— 
A. That is what was testified here: “ Paid poll and on the registration books.” 
He denied it and attempted to prove he was here. 

Q. And after investigation you find that your first statement was correct?— 
A. That he wasn’t here? Yes, sir. ,T. H. Monroe was testified to as an absen¬ 
tee, and paid poll and on the registration book, but we can’t find him on the 
registration hook. 

Q. How did he vote?—A. Among the absentee list. 

Q. Republican or Democratic ticket, if you know?—A. I only know what the 
judges testified about their voting. It was testified that M. Felman, Charles 
Spar, and Henry Simmon were on the registration book and hadn’t paid their 
poll tax, and they are showmen and never have been on the tax lists here. All 
i’egistere<l from the Ford Hotel in the spring. 

Q. They hadn’t paid any poll tax?—A. Nothing on the tax list. 

Q. Did they vote absentee?—A. Yes, sir; Mi*. Kesler identified them along 
the absentees; AA\ P. Andews, J. A. I’arker, H. A. Bullen, H. A\^ Carter, Ed M, 
Courts, Sam P. Dorsett, L. AA". Davis, AA^ A. Deal, R. A. Gobble, C. P. Ginger, 
F. F. Smith, F. S. Smith, AA^ H. AAGiite—Mr. Kesler testified were over 50, 
and were on this absentee list. And he never knew Air. Dorsett, F. F. Smith, 
and AA\ H. AATiite; and that is what other people who had been living there 
for years know about these people, and onlv know that AA^ H. AVhite is living 
here now. A^ J. Allen, T. J. Bailey, B. P. Eagle, T. J. Carson. A. AA". Coates, 
A. S. I.ane, A. P. Denton, S. AI. Ernhardt, D. J. Earp, Charles Edwards, T. E. 
Grimes, S. P. Hall, AVilliam Howell, Ed AA\ Jones, AA\ AI. King, A. AV. Alyers, 
D. \A\ Nail, E. T. Taylor, Edward AV. Young—Air. Kesler testified these were 
all on the registration book and registered as 21 years of age. Air. Kerlee, Air. 
Tippett, and a number of others have tried to locate these people and can’t find 
them residing in the east ward, or even in town. 

Q. No such people to be found?—A. They can’t find them; and with two or 
three exceptions all the people who registered in the Democratic primary May 
and June, 1920, all 50 and over, are in the absentee votes. Air. Kesler testified 


CAMPBELL VS. DOUGHTON. 


1223 


that INIiss Kearns, ]Mrs. Martin, Mrs. McPeters, and Mrs. Morijan were testified 
to h.v me as hein^ illeiral voters. 1 didn’t do so. In identifyin.U‘ the absentee 
I'sts, on eross-exain'nation or direct, lie identified 84 or more names, and the.y 
were read into the record h.v liim, and it was from these that many of those 
names were taken, and not from the 57 that I identified. It was testified that 
E. B. I)c liny was in the ward. Must have been confused witli S. B. Denn.v. 
E. B. Denn.v has not been in the ward, and is in Gastonia, and has been there 
for some time. I oid.v testified, as to LtMinard Henderson, that he was on two 
poll books 11 Sal slmr.v to^vnshil). S. W. Liidvrig was challenjred for nonpay- 
ment of poll. This is bis tax receipt, showing it was pa d February 20, 1020. 
Luther Haigler was challenged for nonpayment of iioll. This tax receipt is for 
M, L. Ilaigler—his name is -Mart n Luther—ami he voted the Democratic 
t cket. Jesse Ennis was challenged. 

Q. This man, Taither Haigler, was alleged to have voted the Ilepublican 
ticket?—A. Yes, sir. 

(,). And you find he voted the Democratic ticket?—A. Y(>s, sir. He gave me 
the rei'eipt though. Jesse Ennis’s tax receipt is so dim I can’t read it. Lon’s 
Hanbarnes was tesffied to as not having paid his poll tax for 1019. The receipt 
shows he paid his poll tax April 24, 1020. J. I.. Meniiis has a certificate from 
his father that he was 21 years of age the 16th of September, 1010. He was 
challenged for nonpayment of poll tax. L. B. Schulenberger was challengiHl 
for nonpayment of poll. I have an affidavit that he became 21, October 14, 
1010. R. L. Russell was challenged for nonpayment of poll tax. I have an affi¬ 
davit that he became 21 the 28th of September, 1010. C. A. Hess was challenged 
for nonpayment of poll. I have a statement from the clerk of the board of 
county commissioners that he is exempt from the payment of poll tax. 

(}. Mr. Bean, is there any other statement you want to make about that list 
you have?—A. Not .lust now; I didn’t know 1 was going on the stand. There 
are some papers I haven’t got with me. 

(’ross-examination h.v iMr. Woodson: 

Q. You testified about L. D. Cobble?—A. Yes, sir. 

(). He is from Davidson County, N. C.?—A. Yes, sir. 

(). And that is “Cobble”?—A. Yes, sir. 

Q. The proper way to spell it is “Coble”?—A. That is the pro])ei- way. 

(}. And the man challenged in Rowan County is Cobble?—A. There isn’t an.v- 
thing on the poll book except that one man. 

(^. That is the name of the man challenged in Rowan County—Cobble?—A. 
Yes, sir. I knew this man, and .vou know him. 

Q. Robert Long, that you testified to, paid his poll tax in China Grove Town- 
shii')?—A. Yes, sir. 

Q. Do you know where he is living now?—A. He is living here. 

Q. Do you know, of your own knowledge, what ticket he voted?—A. 1 suppose 
he voted the Republican ticket. He is a (pieer fellow; I know him well. 

(y Do you know this is the same R. L. that was challenged?—A. I guess so. 
He said he voted in the west ward. 

(h Do you know Mr. R. L. Long that was challenged?—A. He is the only 
R. L. there. 1 have checked it over time and again. 

Q. You offei-ed the tax receii)t of E. L. Cagle, as having paid his poll tax in 
Sal sbury Townshi])?—A. Yes, s r. 

Q. As a mattei* of fact, he paid no poll tax at all. Look at the ticket.—A. He 
nia.v be 50. 

Q. According to tb.e receipt, he paid no poll tax at all?—A. No. It sa.vs he 
paid his tax IMarch 1, 1020. He may be over 50. 

Q. You te.stified he paid his poll tax. There is no poll tax on his receipt.— 
A. No; 1 .lust looked for the years. 1 asked for his tax receipt. The amount of 
his tax is $0 and something. 

(}. The poll tax in this county is what?—A. It varies according to the special 
school tax; .$1.41 up to .$3. 

Q. You have the tax receipt of John D. Richardson?—A. Yes. sir. 

The man challenged by IMr. Doughton was John B. Richardson?—A. J. D. 

Q. The one challenged?—A. Was J. D. 

Q. The man challenged by Mr. Doughton was J. B. Richardson?—A. There 
isn’t but one Richardson on the book, except women. J. D. is the one on the 
list. 

Q. What list are you talking about?—A. The list we took down that day. 


1224 


C’AMPBELL VS. DOUGHTON,. 


Q. J. A'. Uicliar<lson was cliallenjjed by Mr. Doiighton and the tax receipt 
you offer is J. I).? The record shows, Mr. Bean, tlie record taken by the 
stenoirraplier, J. 1>. Bicluirdson, does it not?—A. It says there J. V. 

(]. Mr, Bean, I ask you, from the date on that receipt, if anybody could 
tell when that was paid?—A. No, sir; I didn’t say so myself. 

(}. You can't really tell accurately?—A. It looks more like April 1 than 
anything else. 

Q. Could be Alarch I or May 1?—A. Not quite broad enough for March. 

Q. Couldn’t that be March 1 or May 1, Just as well as April?—A. It don’t 
look wide enough for March or May. 

Q., You say E. B. Arey is in Massachusetts?—A. Up there somewhere. 

Q. Now, I will ask you if you don’t know that those Arey boys are a little 
kin to you?—A. Yes, sir. 

Q. I will ask you if you don’t knc.w that that is Homer Arey, in Massa¬ 
chusetts, who married a school-teacher, and if this long, tall, Burt don't live 
on West Council Street and has been running a (hiiry?—A. I admit that. 

Q. Now, can’t you he mistaken about all those other men you have testified 
about here, Just like you were about your own kinsmen?—A. Not likely to. 

(}. I will ask you, INIaJor, if the county didn’t pay you to get up the names 
to indict for nonpayment of poll tax?—A. I was one of the appraisers. 

Q. A lot of them were indicted?—A. Yes, sir. 

i}. .Vnd about 50 per cent didn’t stick?—A. No, sir; and lots of those we 
couldn’t lind voted. 

(.). About 50 ])er cent didn’t stick; isn’t that general knowledge?—A. Some 
of them couldn’t be found. 

Q. About 50 per cent?—A. Yes, sir. That list was gotten by the corporation 
and railroad bosses- 

(). You worked on that list?—A. We got a list of the employees as of the 
1st of January, 1920, and they took it and revised it. 

i}. And you took up a very short time to get up this list, didn’t you?—A. 
Pretty fair time. 

Q. Did you get it uj) hurriedly?—A. I examined lots of records, hut not so 
hurriedly. 

Q. You may be making Just as many errors in it as you did about your kins¬ 
man, Burt Arey?—A. No; not that many. 

(}. Might you not?—A. No, sir. 

Q. Explain why you said that Burt Arey lived in Massachusetts when he livetl 
on West Council Street, Salisbury, N. C., and has been living there?—A. I just 
Jumped at it, because E. B. Arey is not registered. 

Q. Awhile ago you said you found out your testimony in a certain case is 
correct?—A. I was testifying as to being absentee, and afterwards found out I 
didn’t know where he was. 

Q. Out of 950 warrants you swore out there were only 250 convictions?— 
A. I don’t know about that. I was told there were about that many. 

Q. So this is a very inaccurate business you are engaged in in making up this 
list?—A. I checked the list twice. 

Q, And almost the first man—Burt Arey—was your own kinsman?—A. I got 
the two boys mixed up. 

Q. Now, INIaJor, in your testimony and in this list of names you have stated 
that O. H. ought to be O. V., and certain other initials ought to be changed, and 
all that sort of thing. You don’t mean to say that you know these identical 
people and whether they are the names or not, do you?—A. I testified about 
(5. H, Barnes, and there isn’t another O. H. on the poll book. 

Q, Then you testified that J. A. Brown ought to be J. O.?—^.A. That is of a 
similar nature. 

Q. There are plenty of Browns in this town?—A. Only one J. O. in the west 
ward. 

Q. Don’t you know' there are two C. O. Brow'iis?—A. There is one that has 
been clerking at- 

Q. Don’t you know another?—A. No. 

Q. There are lots of Browns in this town?—A. Yes, sir. 

(> And you won't sw'ear there is no C. A. Brow’ii?—A. 1 won’t swear thei-e is 
no C. A., but I don’t know any, and nobody else seems to. 

Q. Then you say that Burley Yost is who?—A. J. Gibbs Yost's wife. 

Q. Burley is a man’s name?—A. She spells it Burlie. They wu-ote it Burley in 
here. 

Q. Who is Fraley Hess?—A. He is Lon Hess’s son; east ward. 




CAMPBELL VS. DOUGHTON. 


1225 


Q. Don’t yon know Lon Hess is in the south ward?—A. I mean south ward; 
I know where he lives. 

Q. You don’t know Fraley personally?—A, No. 

Q. J. A. Brown lives on South Fulton Street?—A. Yes, sir. 

Q. Here in town?—A. Yes, sir. 

Q. Well, now, Plrnest Fetzer-—vou haven’t seen him since this hearing?— 
A. No. 

Q. Don’t you know he was an Army officer?—A. I do not. 

Q. Don’t you know that?—A. No; and several who knew him well said they 
didn’t know it. 

Q. Did you ask where he was employed last?—A. No. 

(}. Did you ask Everett Thompson?—A. No. 

Q. You knew he was employed there two years before the war broke out?— 
A. I knew he loafed around ther’e. 

Q. Don’t you know he was eini)loyed there?—A. No. 

Q. You knew that was his headcpiarters, and yet you didn’t go around there 
and inquire about him?—A. If I had passed Plverett I might have asked him. 

Q. Is all your testimony based on such flims.v inquiry as you made in the 
Ernest Fetzer case?—A. I got it from people I thought would know. 

Q. Didn’t you think Everett Thompson knew about Ernest P>tzer‘?—Yes; if 
I had met Everett. I would have asked him. 

Q, Where is Everett Thompson’s garage’/—A. On a hack street. 

Q. In the center of the city’.^—A. One block from the center of the city. 

Q. Vou could have gone there any day, between the last hearing and this, 
as you came up town?—A. No: not as I came up town, 

Q. It would not have been but one city block out of your way?—^A.-No. 

Q. And you never made any inquiry of Everett Thompson, the man he worked 
for host, about P]. W. Fetzer?—A. No; I haven’t run up on Itlverett. 

Don’t you know he is a ma.jor in the Army of the L’nited States?—A. No. 

Q. Don’t vou know he went to war, when this country went into war?— 
A. No. 

(}. In other words, you haven’t made any general iiupiiry, any accurate in¬ 
quiry, about these names?—A. Yes. sir; I’m trying to he pretty accurate. 

Q. If you would meet a man you thought knew about one of these men you 
say you would ask him, and if you didn’t, you wouldn't?—A. If I talked to a 
person I thought knew anything about them, I would ask him. 

(). You knew Everett Thompson knew Plrnest Fetzer, and yet you di<ln't ask 
him about Fetzer’r—A. I told you if I had happened to run up on Plverett, I 
would have asked him. 

Cy You said that W. N. Henderson ought to he W. INI.?—A. There is no other 
Henderson in that ward, hut AVilliam Martin Henderson. 

Q. You don’t know William’/—A. Yes. sir. 

Q. You don’t know W. N. ?-—A. No, sir. 

Q. There are lots of men coming in and out of Salisbury, that you don’t 
know, and I don’t know, isn’t that so?—A. Of course, some come in I don’t 
know. 1 

Q. You don’t see many people?—A. I see a good many. An old man like 
that, who had been living there for 20 years. 

Q. Yon don’t know whether this W. N. is an old man oi- a new -man?—A I 
don’t know W. N. 

Q. You don’t know whether W. N. Henderson is an ohl man or a young 
—A. There is no W. N. Henderson on the registration hook. Martin 
Henderson, aiid that is the oi ly ojk'. He was -17 years old I.") or 18 yesu-s ago. 

Q. Daniel Hartmann—what did you te.stify about him?—A. Uegistcred as 
I>. Hartmann, lie was 00 years of ago when he re.gistered. He wonhl he over 
SO now. 

Q. Have .vou a registration hook’/—A. Yes, sir. 

(.). I ask you if you find the name of Daniel Hartmann.—.V. Yes, sii-. He 
was registered as 00 years of ag(', 20 years or more ago. 

(.}. Now. R. W. El'mer—who was that’?—A. ^Ir. (Hover testified he didn’t 
kn()w him. I didn’t testify he voted in the south ward. He was identified 
among the east ward absentees. 

O. You don’t know how lu' voted’?—A. I don’t know anything about him. 

Q. You don’t know whether he voted for Dr. Campbell or :Mr. Doughton’?— 
A. No. .sir. 

Q. I found out a lot of the absentee voters did not vote for Mr. Doughton’?— 
A. Some of them didn’t. 


1226 


CAMPBELL VS. DOUGHTON. 


le one of them, to yoiir knowledj^e, voted 

He 


Q. Yon would not testify that a sins; , - -, i 

for Mr. DonshtonV—A. I don't know anytliing about tlie ahseiwets \otin..,. 

voted absentee. 

M’hat about this man, PinniekV—A. ilmt is JNi.ss Addie L 
M'hat is the name that was challenged?—A. A. W. Ihnnick : 


Q. 

Q. 


Pinnick. 
and her ini¬ 


tials are A. W., and the only Pinnick that is similar at all. ^ 

O. And von don't nreteml to say, yon don’t know any more about ilns man 
.,jj I (lyv—A. You have lived here as long as I have. That is th(' only 


vcriting a history of 


and mix- 
more 


tha 

Pinnick on there- 

{}. Haven’t you been engaged largely, for ten years, in 
Kowan County?—A. I wrote it and lost it. 

A. As a matter of fad, you have been'/—A. Yes, sir. 

C). And that necessarily kept you in and kejit you from associatins 
ing with people in the city?—A. It took me in more homes and amon.s 
jieople. 

Ch Cor a number of years, you would stay in and not come out until GO days 

before the election?—A. No, sir. 

Q. Y^ou didn’t go to your office'/—A. M hy, certainly. 

Q. You would not come out in the daytime: would you. Major'?—A. Why, 

certainly. . i • r 

(>. You were necessarily engaged in writing the history/—A. No, sir, i 

wrote it mostly all in the office. 

(h Over here'/—A. Yes, sir; over the bank. 

(). You didn't mix and mingle with the iieoitle much'/—A. I wasn't on the 
stre(‘t much, but 1 was out among the people. I went to homes at night that 
I never had been to, for information. Quite often. I would stay three or four 
nights in the country, out of a week. 

C}. W'hen .von were writing the history, you stayed in the country? A. 1 
stayed in tlie country, for five or six months, three or four nights a week ; 
mixing with the people. 

Q. You never had done much of rhat in your life?—A. I was around the drug 
store some. 

(h Fifteen or 18 yeai-s ago'/—A. I was there all the time. 

Q. W’hat did you say about this fellow, Vanderbilt'/—A. It ajipears on that 
list as Gerry Vanderbilt. 

Q. Gerry or .lerry'/—A. Gerry. 

(>. The man challenged was .Terry'/—A. It was on tlie list as Gei'ry. I think 
the stenographer misspelled it. W’here they aiv misspelled, I tried to (dear 
them up. 

(}. Now, one other name I want to ask about .just now : K. P. Davis—do you 
know him?—A. No. I didn’t find him on the registration book. 

Q. You didn’t make any imiuiry about K. B. Davis'/—A. WTiicdi ward? 

(h East. So far as .vour own knowledge is concerned, you don’t know any¬ 
thing about him?—A. He is not on the registration book. 

Q. Don’t .von know he is in Ketcham’s barber shop, and married Luther’s 
daughter'/—A. I don’t know him. 

Q. But .you won't state he can’t be found in the east ward'/—A. They took 
the list an tried to hud these people. 

Q. You didn’t try to hunt him'?—A. Not especiall.v. 

Q. They are not here swearing whether they even looked for him'?—A. They 
tried mighty hard. 

(}. Did they try Bill Ruth, \vhose daughter he marricHl'/—A. I don’t know. 

Q. How about E. B. Denney'?—A. M'asn’t that C. S. Denney? C. S. Denney 
was in the west ward. E. B. Denney is a hotel man. He is down at Bastonia 
now. 

Q. AVhere did he vote in the last general election?—A. Among the absentc'e 
votes: in the east ward. C. S. Denny was in the west ward. 

Q. How long has E. B. Denney been away, if you know, of your kn(>wledge?— 
A. I supiiose he has been away four years; something like that. 

Q. Hasn’t he been out here all the time?—A. I don’t think he has been here 
for three or four years; at least three. 

Q. Whom did you talk to about E. B. Denney?—A. I don’t remember. I re¬ 
member, right at the time- 

Q. You don’t know him personally?—A. Yes, sir; I used to know him when 
he first came here. 

Q. Where did you know him?—A. At the Yadkin Hotel. 




('AMPBELT. VS. DOUGHTON. 1227 

C). You testified that INI. Felman didn't pay liis poll tax?—A. I couldn’t find 
him on the lists. 

Q. I hand you the sheriff’s certified lists- 

(Contestant objects to introduction of any book or record unless identified.) 

(}. I am handing you a book, representing the sheriff’s certified lists, of those 
who have paid their poll tax in Rowan County for the year 1919, on or before 
the 1st day of May, 1920. I ask you if the name of M. Felman doesn’t appear 
as having paid his poll tax. 

(Contestant, through his attorney, objects to the introduction of any book or 
record not having been identified as a record by the person in whose custody tlie 
book is charged, or the proper custodian of such book or record.) 

Mr. Woodson. To which the contestee replies that the book offered to the 
witness, had been identified by the deputy clerk of the superior court, as con¬ 
taining the certified lists of the sheriff of Rowan County, of all persons who paid 
their 1919 poll tax, on or before May 1. 1920, and the record in this case so 
shows. 

Mr. Waggoner. In answer to which, the contestant, through his attorney, 
says that no records or book have been identified in this rebuttal hearing, and 
that after said book had been identified in another hearing, that it has been 
testified to by the sheriff, who certified to the record, which is now attempted 
to be introduced, as being incorrect. 

Mr. Woodson. The contestee is willing to leave it to the witness, as to to 
whether or not it contains a certified list of persons who paid their 1919 poll 
tax on or before May 1, 1920. The contestee further states that it has not 
been shown that there are any on this list, that did not pay their poll tax, as 
stated above, but, on the contrary, receipts have been shown showing that per¬ 
sons did pay their poll tax that were not on the certified lists. 

Q. I ask the witness if the name of M. Felman doesn’t appear on this list 
as having paid his poll tax?—A. Yes, sir. 

Q. It does?—A. Yes, sir. 

(}. Mr. Bean, I ask you if you don’t recognize that as being the sheriff’s cer¬ 
tified lists, on file in the office of the clerk of the superior court of Rowan 
County?—A. Yes, sir; this is the list. 

(}. You have looked at this list before, a number of times?—A. A copy. I 
have never seen this book before. 

Q. Mr. Bean, you testified that Charles Spann had not paid his poll tax. I 
ask you if the sheriff’s certified list of voters, who paid their 1919 poll tax on 
or before'May 1, 1920, doesn’t show that Charles Sparm paid his poll tax 
within the time?—A. Yes, sir; Mr. Kesler corrected me on that. He said it 
was Spain. 

(The hearing takes a recess until Friday morning at 9 a. m.) 

Fni'suant to adjournment, the hearing in the above entitled case convened 
at 9.30 a. m., Friday. iMay 6. Present. IMrs. .1. D. Dorsett. commissioner; Dr. 
James R. Campbell, the contestant, and his attorney, J. M. Waggoner; Robert 
L. Doughton, Esq., and Attorneys T*. S. Carlton. Walter H. Woodson, and Kerr 
Craig. 

Mr. J. C. WILLTAIMS. a witness introduced by the contestant, being first 
duly sworn, testified as follows: 

Direct examination hy Mr. Waggoner : 

' Q. Mr. Williams, did you vote in Morgan precinct No. 2?—A. Yes, sir. 

Q. 1920?—A. Yes, sir. 

Mr. Williams, you were challenged by Mr. Doughton in his hearing for the 
nonpayment of your poll tnx for the year 1919. You were challenged as Carley 
Williams. I wish you Avould state just what your name is. or your initials.— 
A. My initials are J. C. 

Q. And what is your name?—A. Carley Williams. 

Q. Is there another Carley Williams in your precinct'.^—A. There is not. 

Q. And you paid your poll tax and have your receipt thei-e‘?—A. Yes, sir. 

Q. Tliat is your receipt that you hold there?—A. l"es, sir. 

Q. When did you pay your poll tax? What is the day the receipt is dated? 
You paid on or before the ]st day of INIay, 1920?—A. Yes, sir. 

Cross-examination by Mr. Carlton: 

(}. When you returned your poll tax you put your nan'ie down as Carley 
Williams?—A. Yes, sir; on the tax receipt, and when 1 registered to vote they 
put it J. C. My name is John Carley. 



1228 


CAMPBELL YS. DOUGHTON. 


Q. When yon returned your taxes you returned them as Carley Williams?— 
A. Yes, sir. 

Redirect examination by Mr. Waggoner : 

> > 

Q. You are the only .1. C. Williams or Carley Williams in your precinct, are 
you?—A. There isn’t another person there that I know of by my name. 

Recross-examination by Mr. Carlton : 

Q. There are other folks in your precinct l)y the name of Williams?—A. Yes, 
sir; but they are all my people. 

Mr. .TAMES W. YOST, a witness introduced by the contestant, l)ein^ first 
duly sworn, testified as follows: 

Direct examination by Mr. Waggoner : 

• Q. What is your name?—A. James W. Y'ost. 

Q. You were challenjjed by IMr. IToughton for nonpayment of poll tax for 
the year 1919. State whether or not you paid your poll tax.—A. Yes, sir. 

Q. Mdiere is your receipt?—A. Mr. Bean has my receipt. 

Q. INIr. Y’’ost, you so by the name of Jim Yost, do you?—A. Yes, sir. 

Q. xVnd some people call you James?—A. Y^'es, sir. 

Q. And you paid your poll tax as James W. ?—A. Yes, sir. 

Q. How were you registered? Just state how it came about.—A. Well, I 
transferred from China Grove to Boston Crossroads, and I always put in my 
name, when I sign my name anywhere, Jim W. or J. W.; hut anything like that 
I always put it Jim W. It got changed by transfer to James 'w. on the poll 
book. ' ' 

Q. At China Grove?—A. Boston Crossroads. 

Q. Who was registrar?—A. Mr. Calvin Ivlutz. 

Q. You had registered as James Yost or Jim Yost?—A. Jim Yost. Mr. 
Harris, at China Grove, gave me my transfer. 

Q. And you signed the transfer as what?—A. James W., I think. 

Cross-examination by Mr. Carlton ; 

i}. Thei-e are lots of Yosts down in that township?—A. Right good bunch; 
not as many as there used to be. 

Q. Yh)u have a Y^ost i-eunion about every year?—A. They don’t all live there. 

Q. A great gathering of Yosts come into Litaker Township every year?_ a! 

Yes, sir. 

Q. .Tames and John, and John W.’s. and Walters, .and Heiu-ys. areii’t there?-- 
A good many of them. I don’t know them all myself. 

(). They are thick down there?—A. Pretty thick. 

Q. YOU were not challenged. I^idn’t .von look at the list? You are not chal¬ 
lenged.—A. T never looked at it; they told me I was. 

Redirect examination by Mr. Waggoner: 

Q. Yhni know youi* transfer was James Yost?—A. Yes, sir; that is the name 
I voted under. 

(}. You are the only Jim Y'ost in your precinct who voted last fall?—A. 
Y'es, sir. 

Q. And you moved from China Grove there?—A. Y'es, sir. 

Recross examination by INIr, Carlton : 

Q. You are the only one you know of?—A. Yes, sir. 

Mr. ]\r. T.. OVERCASH, a witness introduced by the contestant, being first 
duly swoi-n, testified as follows: 

T>irect examination by Ylr. Waggoner: 

(}. Mr. Overcash, your initials are M. L.?—A. Yes, sir. ^ 

(}. Y'ou were challenged by iMr. Doughton for nonpavment of vour noil tax 
for 1919?—A. Yes, sir. ' . i . 

Q. You voted at Boston Crossroads?—A. Y'es, sir. 

(}. I ask you, sir, if you are exempt—you are a one-armed man, aren’t you?— 
A. Yes, sir. 

Q. Have you been exempted by the commiss’oners from the pavment of poll 
tax?—A. Yes. sir. 


CAMPBELL vs. DOUGHTON. 1229' 

Mr. J. M. BKIXGIvK, a witness introduced by the contestant, being tirst 
duly sworn, testified as follows: 

Direct examination by Mr. Waggoner: 

Q. Mr. Bringle, your son, Tom Bringle. was cluillenged by Mr. Doughton 
for the nonpayment of bis poll tax for the year 1919. .lust state when your 
son, Tom Bringle, became 21 years of age.—A. Well, be was 22 the 28tb of this 
last February. 

Q. That was February, 1921?—A. Yes, sir; this year. 

Q. He was 21 in February, 1920?—A. Yes. sir. 

Q. And, therefore, not liable for poll tax for the year 1919?—A. No, sir; T 
reckon not. 

Cross-examination by Mr. Carlton : 

Q. What did you say about this year?—A. He was 22, the 28th of last 
February. 

Q. Tom was a soldier, wasn’t he?—A. Yes, sir. 

Q. And never was challenged? 

(No ‘answer.) 

Mr. W. T. ADAMS, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Waggoner : 

Q. Mr. Adams, where do you live?—A. In Landis. 

Q. Do you know Arch Slough?—A. Yes, sir. 

Q. Mr. Adams, in Mr. Doughton’s hearing, he challenged the vote of Arch 
Slough, for the nonpayment of his poll tax for the year 1919. I hand you here 
a receipt and ask you to state .iust when that receipt shows that IMr. Arch 
Slough paid his 1919 taxes. What is the stamp of the sheriff?—A. October 

31 , 1919 . 

Q. Do you know Mr. Arch Slough’s initials are W. A.—William Archibald?— 
A. I really can’t tell you his initials, because he never has done any business 
with me. and 1 never have had his name on no' records, and I really don't 
know his initials. 

Q. Do you know any other W. A. Slough, in that precinct?—A. No. sir; no 
other in that community at all that I know of. 

Q. Do you know J. F. Ledbetter?—A. Yes, sir. 

O. He is chalhmged for nonpjivment of his poll tax by ilr. Doughton. T 
hand you receipt and ak you to state if it shows he paid his 1919 taxes, prior 
to Mav 1, 1920.—A. November 4, it says here. 

Q. What year?—A. 1919. 

Q. Mr. Adams, Archie Roseman was challenged by Mr. Doughton for non¬ 
payment of his poll tax. I ask you if you know Archie Roseman?—A. Yes, sir. 

Q. What are his initials?—A. I don’t know his initials, but know him as 
Archie Roseman. He lives in about a mile of me. 

Q. Did he give you this tax receipt?—A. No; he didn’t give me that one. 
Someone else got tins one. It wasn’t me. This is November 10. 1919. 

Q. Do you know James L. Moore, or J. L. Moore?—A. .1. L. IMoore? 

Q. J. ll or .Tames L.—A. No; I am not acquainted with him, Mr. Waggoner. 

Q. Do you know W .L. Lefevers?—A. No, sir; I don’t know him. 

Q. Do you know J. W. Readling?—A. Yes, sir; I know him. 

Q. He is challenged by Mr. Doughton for the nonpayment of his poll tax 
for the year 1919. I hand you recei|)ts here and ask you to state .lust what it 
shows.—A. Paid November 17, 1919. 

Q. How long has he lived in your precinct?—A. If he had .stayed there until 
this year, five years. He lived a little over four years in my precinct. 

Q. Never moved out?—A. Never moved out until last year. He is in my 
precinct now, as far as that is concerned, but moved away from Landis, is 
what I mean to say. 

Q. He was in the township four months prior to the eleciton?—A. \ es. sir; 
he is in the township yet. Lives in the township and precinct both. 

Q Mr Adams, O. T. Slough was challenged by INIr. Doughton for the non- 
jiayment’of poll tax. I ask you to state just what his receipt here shows.—A. 
That is November 11, I believe; mighty near out. 

Q. Shows it was jiaid?-A. Shows it was paid Novmnber 11, 1919. 


1230 


(’AMPBKLL VS. DOUGHTON. 


Q. How long had he been in the precinct?—A. Well, he has been in the 
precinct, as well as I remember, about two years the last time; but he had 
been in it before and moved out and stayed two or three months and came back. 

Q. Had he been in the precinct four months before the election?—A. Yes, sir. 

(}. That is the receipt tliat IMr. C. T. Slough gave you, is it?—A. Yes, sir. 

(}. Lee Fox was challenged by Mr. Doughton for the nonpayment of his 
poll tax for 1919. I hand you Lee Fox’s tax receipt and ask you to state if it 
shows that he paid his 1919 tax ])rior to iMay 1, 1920.—A. February 28, 1920. 

Had he been in the county six months prior to the election?—A. Yes, sir. 

Q. And in the ]>recinct four months?—A. Yes, sir; he had been in it over 
that. 

(L Mr. Adams, T. L. Thompson was (*liallenged for nonpayment of poll tax 
for 1919. I hand you his tax receipt and ask you to state what it shows—when 
it shows he paid his poll tax.—A. Noveml)er 12, 1919. 

(). Has Air. Thompson been in the county six months and in the precinct 
four months prior to the elei tion?—A. Yes, sir; and nioi‘e, too. 

(,). Chester Goodman was challenged for iionpayment of poll tax for 1919 prior 
to May 1, 1920. I hand you his tax receipt and ask you to state whether it 
shows he paid his poll tax prior to May 1, 1920.—A. December 20, 1919, it 
shows. 

Q. Do you know what his middle initial is?—A. No, sir; I don’t. 

(^. Do you know of any other Chester Goodman in your precinct?—A. No; 

I don’t. 

Q. Mr. Adams, 1). E. Overcash was challenged by Mr. Doughton for the 
nonpityment of his poll tax for 1919 prior to May 1, 1920. I wish you would 
state just wliat iMr. Overcash’s tax receipt shows. When does it show he paid 
his tax?—A. Alarch 6, 1920. 

(). Has he been in the county six months and in the precinct four months prior 
to election?—A. Yes, sir; he has been in there about two years; two years 
this year sometime. 

Q. Do you know G. A. Cook?—A. No, sir; I don’t. 

Q. Do you know Grover Cook?—A. No, sir. 

Q. Do you know B. B. Shankle?—A. I know John vShankle; I don’t know 
whether it is the same man or not. B. B. Shankle, you say? I know who it 
is now. 

Q. You do know him?—A. Yes, sir. 

Q. He was challenged by Mr. Doughton for jionpayment of poll tax. 1 wish 
you would just state when his tax receipt sliows he paid his taxes.—A. Decem- 
i)er 29, 1919. 

(y Had he been in the county six months and in the prtK'inct four months 
prior to the election?—A. Yes', sir. 

Q. All-. Adams, do you know Worth Roach?—A. Yes, sir. 

Q. He was challenged by Air. Doughton in h s hearing for the nonpayment 
of poll tax. 1 hand you here an allidavit. sworn to by Air. Worth Roach, 
and ask you to state what that affidavit shows. Just state when that shows 
he was born.—A. That he became 21 years of age Dc^cemher 12, 1919. 

(>. Air. Adam.s, do you know A. (1 Thomas?—A. Yes, sir. 

Q. He was challenged by Air. Doughton for nonpayment of his poll tax for 
the year 1919. I submit you an affidavit, sworn to by him, and ask you to 
state when it shows he became 21 years old.—A. Alay 1, 1921. 

(}. Air. Adams. I ask you to look at that affidavit and state whether or not 
it shows he became 21-A. The 11th of August- 

Q. Air. Adams, do you know how old this man, A. C. Thomas, is?—A. He 
told me he would be 23 his next birthday. 

Q. And that is in September?—A. Yes, sir. 

Q. That would have made hinr21, September 11, 1919, would it?—A. Yes, 
sir; that is exactly the way he stated it to me. 

Q. Air. Adams, do you know any person by the name of James H. Alillan?— 
A. No, sir. 

Q. Do you know .1. I. Williams?—xV. I know some Williams lived there in 
Landis, but I don’t know their initials. I know Air. Ed Williams. 

(}. Do you know a man by the name of J. W. Barton?—A. No, sir. 

Q. He is challenged by Mr. Doughton, and alleged to have voted the Re¬ 
publican ticket. You say you don’t know of any person of that name ever 
having lived in your precinct?—A. Never heard of him. 

Q. You are in the mercantile business?—A. Yes, sir. 




CAMPBELI. VS. DOUGHTON. 


1231 


Q. And know most everybody in your precinct?—A. Yes, sir; most every¬ 
body wlio has been there long enough to vote. That must be in China Grove— 
that man. 

Q. Mr. Adams, Julius I. Bradshaw was challenged by Mr. Doughton for 
nonpayment of poll tax for 1919. I ask you if you know Julius I. Bradshaw?— 
A. Yes, sir; I know him. 

Q. I hand you a certificate here, and ask you to state what that certificate 
shows?—A. “ This is to certify that Julius Bradshaw has been exempted from 
paying poll tax in Rowan County.” 

Q. Signed by whom?—A. J. C. Deaton. 

Q. And who is Mr. J. C. Deaton?—A. He has been register of deeds in Salis¬ 
bury for two years—Rowan County. 

Q. In what way is Mr. Bradshaw disabled?—A. I don’t know just exactly 
the date that ]Mr. Bradshaw was disabled, but it has been several years. 

Q. In what way?—A. He had some limbs, or fingers, cut off in some way; 
part of his hand taken off. I didn’t know he was exempted until now, as far 
as knowing it myself. 

Cross-examination by Mr. Woodson : 

Q. The certificate you have just read, signed by Mr. Deaton, was dated April 
3, 1916, was it not?—A. Yes, sir. 

Q. You don’t know whether Julius Bradshaw, and J. L. Bradshaw are the 
same person or not, of your own knowledge—A. He has a brother by that name 
as well as I remember. 

Q. He has a brother by the name of J. L. Bradshaw?—A. Yes, sir; he has 
always signed his name J. I. Bradshaw. 

Q. \t. I. is not challenged. Arch Slough—the tax I'eceipt you showed as 
being that of Arch Slough was paid in Litaker township?—A. Yes, sir; he 
moved in there. I mean he paid his tax over there. Lived there at that time. 

Q. Do you know W. A. Slough, either in China Grove or Litaker township?— 
A. I don’t know of any Slough that signs his name that way. 

Q. And all you know is that you testified to the tax receipt of Arch Slough 
from Litaker township? Isn’t that right?—A. Yes, sir; he moved in our pre¬ 
cinct nearly two years ago. 

(}. Now, a lot of the folks in your precinct live in Kannapolis—North Kan¬ 
napolis?—A. Yes, sir. 

Q. It is a moving population—cotton-mill section?—A. Sure. 

Q. You don’t mean to testify here that you know all those people?—A. I 
didn’t say that. I know the ones I have testified to. 

Q. A while ago Mr. Waggoner asked you if you didn’t know the people in 
your precinct, those that has been there long enough to vote, which is four 
months, but you don’t pretend to say that you know all the people in North 
Kannapolis?—A. No ; but I know’ the ones I have testified to. 

Q. They vote in Landis precinct?—A. I know’ the ones 1 testified to. 

(J. ]\Ir. Waggoner asked you if you didn’t know’ nearly all the folks in your 
precinct?—A. I know’ the ones in Landis. 

(). You don’t mean to say you know all those people in North Kannapolis?— 
A. I don’t know’ everybody. I know^ everybody that lives in Landis. 

M’hat is the population?—A. Seven or eight hundred. 

Q. Well, now', you handed in the receipt of J. M. Ledbetter, of Atw’nll Tow’ii- 
ship. Is that correct?—A. Yes, sir. 

(>. Do you know’ any other J. M. I.edbetter of Atw^ell Township?—A. No, sir; 
this is John Ledbetter. 

Q. Do you know’ his middle initial?—A. No. 

Q. The* one you know’ is John Ledbetter?—A. Yes, sir. I have heard him 
.say he signs his name J. M, 

Q. Now’, Mr. Adams, you handed in the tax receipt of C. P. Slough, trom 
ScoR'h-Irish?— A. That is Charles Slough. 

(>. I ask you if that middle initial doesn’t look more like C. P. than C. T.?— 
A. Looks like P. and T. both. I w’ould pronounce it T. if I wms going to pro¬ 
nounce it either one. 

Q. Isn’t that a perfect P.? More perfect P. than perfect T.?—A. That is the 
w’av some people make P’s. 

Q. Isn't that a perfect P.?—A. About as plain a one as you could get, I reckon. 

Q. C. T. is the one that was challenged. T.ee Fox—the receipt you offered 
for^Lee Fox is from Newton Tow’iiship?—A. Yes, sir. 

(>. Catawba County?—A. Yes, sir. 


1232 


(CAMPBELL VS. DOUGHTON. 


Q. You know Lee F’ox?—A. Yes, sir. 

Q. How lon.i? lias he been living in Landis precinctV—A. Something over 
two years, as well as I renieinher. I woi'ked with him in Kannapolis many a 
day 'at No. 4 mill. 

Q. And he has been living there over two years?—A. As well as I remember. 
I'won’t say for sure he has been there over two years; somewhere right about 
there. I won’t say for sure. 

Q. At first you said a little over. I am just asking about how long he has 
been here, and the best of your recollection .it is about two years?—A. Yes, sir 

Q. T. L. Thompson—his tax receipt is from No. 2 Township, Cabarrus 
County. Do .vou know him at all?—A. No, sir; I thought that was Thomas. 

Q. You were mistaken when when you testified about T. L. Thompson?—A. 
(Examines receipt.) I was mistaken about him. 

Q. Y’^ou don’t know anything about T. L. Thompson?—A. No. 

Q. Chester Goodman’s receipt is from No. 4 Township. Cabarrus County? 
Do you know Chester Goodman?—A. No; I got that one wrong, too. I don’t 
know anything about Chester Goodman. 1 don’t know that man. I don’t say 1 
know that man. 

0. V. E. Overcash, No. 1, Cabarrus County?—A. Yes. sir. I know him. 

Q. ^^4lere does he live?—A. Next to the schoolhouse. 

Q. Down at Kannapolis?—A. Y'es, sir. 

Y. How long has he been living there?—A. He told me nearly two years. 
I saw him myself. I have known him a good while. 

Q. Well, now, B. B. Shankle. No. 4 Township, Cabarrus County. Where 
does he live?—A. On the national highway, between Kannapolis and Landis; 
about half way. He has been living there something over a year. 

Q. Y’ou first said you didn’t know B. B. Shankel. What called it to your 
attention?—A. I happened to think of the man you were speaking about. 

Q. \’'ou couldn’t be mistaken about his initials?—A. He is working for Mr. 
Funderburg, over in Kannapolis. 

Redirect examination by Mr. Waggoner: 

(y IMr. Adams, this tax receipt handed you of C. P. or C. T. Slough—would 
you say that that is C. P. or C. T.?—Well, it looks to be on the receipt C. P. 

Q. It could be either one?—A. Y'es, sir. 

(). So you would not swear it is C. P. oi- C. T. ?—A. AVell, C. P. is what it 
is intended for. 

(). Do you know that this is the tax I'eceipt furnished by the man that is 
challenged?—A. Yes, sir. ' 

And he is challenged as C. T. Slou.gh?^—A. Yes, sir. 

Q. And you say the tax i-eceii)t could be C. T.?—A. Yes, sir. could be. 

Ttecross-examination by Mi’. Woodson: 

Q. How do you know he is the man challenged?—A. Ain’t nary 'nother 
Slough in that community except Charles Slough. 

Q. Isn’t there a W. A. Slough?—A. One other that lives in Landis; he never 
A'oted. 

Q. Any others in Scotch-Irish Township?—A. Not that I know of. 

iNIr. SAiNlFEL 1). DEAL, a witness inti’odnced by the contestant, being first 
duly swoi’u, testified as follows: , 

Direct examination by Mr. Waggoner: 

Q. INIr. Deal, Arclii(' Roseman is challenged by iNIr. r>oughton for non-jiayment 
of ills i)oll tax for 1919. I hand yon a receipt ami ask ,vou to state whom you 
got that tax receipt from?—A. I went to see Archie Roseman and asked him 
for his tax receipt and In* gave me this receiiit with A. INI. Ro.seman on it. That 
showed he paid his ])oll tax November 22. 1919. 

Q. Mr. Deal, do you know C. T. Slough?—A. Yes, sii-; I know C. T. Slough. 
Do you know any (’. P. Slough in your precinct?—A. No. sir. 

(}. Has any P. (’. Slough ever lived down there?—A. Not that I know of. 

(}. Do .vou know that C. T. Slough moved into your jirecinct. or Scotch-Irish 
township?—A. Into Landis pi-ecinct. I don’t know where he moved from. 

Q. You know he moved in there?—A. Yes, sir. 

Q. Is this the receipt that C. T. Slough gave you?—A. Yes. sir. 

Q. When does it show he paid his iioll tax?—A*. I.ooks like Januarv IT, or 11 
1920. 

(). January. 1920?—A. Yes, sir. 


CAMPBELJL. VS. DOUGHTON. 


1233 


Q. Mr. Deal, W. L. Seehlei’ was challenged by Mr. Dougliton for iionpayinent 
of his poll tax. I hand yon dnplicate tax receipt, and ask yon to state what 
it shows; that is, whether his poll tax was paid, and if so, when, and who it 
is signed by?—A. Tax receipts for the year 1919, 

Q. Paid when?—A. April 19, 1920. 

Q. Signed by whom?—A. H. W. Caldwell, I believe it is. 

Q. He is .sheriff of Cabarrus County?—A. Yes, sir; was then. 

(}, Mr. Deal, do yon know 1\ I.. Thompson?—A. No, I don’t personally know 
liim. 

Q- Dhl you get this tax receipt from him?—A. No, sir. 

Cross-examination by Mr. Woodson : 

Q. Mr. Deal, what year was that you say that tax was paid in—W. D. 
Sechler’s.—A. 1920. 

Is that 1920?—A. Looks like a two. 

(}. You can’t tell what it is, can you, Mr. Deal? Can you make anything at 
all of it?—A. That is what it looks to me like; 1920. 

Q. But you are not certain about it, are you?—A. I couldn’t call it anything 
else. 

Q. Are you certain it is 1920?—A. That looks like a 2 in there; it has been 
blotted. 

Q. Doesn’t it look more like a 1 than a 2?—A. Looks 1 ke either a 1 or a 2; 
looks like a 2 to me. 

Q. It looks like a 2 that has been blotted, doesn't if?—A. Sure. 

Q. How is this name spelled in here, Mr. Deal?—A. Sechler. 

Q- Ho you know W. L. Seckler? The man challenged is W. L. Secklei-. Do 
you know that man?—A. I know W. L. Sechler. 

(j. How does he spell his name?—A. Like on the receipt. 

Q. Sechler or Seckler? Are there any Seckier's in Landis precinct'/—A. I 
don’t know whether there are any that spell their name that way or not. 

Q. This is Sechler'?—A. Yes, sir. 

Q. Now, Mr. Deal, about Archie Iloseman ; what receiih was it offered for 
him'/—A. A. M, Roseman. 

Q. Where was that paid—China Grove?—A. China Grove. 

(N The receipt you offered was the receipt of A. M. Roseman?—A. Yes, sir. 

Redirect examination by Mr. Waggoner: 

Q. Do you know of any set rules for spelling jtroper names'?—A. No, sii-. 

Q. Do jmu know Chester Goodman'?—A. Yes, sir; when I see him, 

Q. Cliester A. Goodman is cliallenged by IMr. Doughton for nonpayment of his 
poll tax, I wish 3 'ou would state if Chester Goodman is Chester A. Goodman, 
or if they are the same persons'?—A. \\'liy, he said his name is (’hester A. Good¬ 
man. 

Q. He told you that?—A. Yes, sir. 

Q. And this is his receipt we introduced?—A. Y’'es, sir. 

Recross-examination by IMr. Woodson : 

Q. He told you his name was Chester A.?—A. Yes, sir. 

Mr. PI. H. BPIAN, a witness previously introduced by the contestant, being 
recalled, testified as follows: 

Direct examination by Mr. Waggoner: 

Q. I wish you would identify the tax receipt I hand you-here. (Hands wit¬ 
ness receipts.)—A. IMr. W. L. Lefevre gave me that himself. Paid March 1, 
1920. 

Q. You know that Mr. Lefevre was challenged for nonpayment of poll tax?— 
A. Yes, sir. Mr. Cook, father of Grover Cook, gave me this receipt—G. A. Cook. 
He said it was his son’s, Grover, and those were his initials. 

Q. He was challenged?—A. Yes, sir. I went to Mr. James L. Moore’s house— 
he challenged James L. Moore—and he gave me this receipt of L. J. IMoore; 
paid December, 1919. Mr. J. P\ Ledbetter told me this was his receipt. He 
didn’t give it to me first-hand. Chester Goodman didn’t give me this receipt, 
but he told me it was his. I saw him last P^riday evening. Arch Slough is 
W. A, Slough. I have had some business with him. He didn’t give it to me. 
His name is W. Arch Slough. B. B. Shankle gave me this receipt lumsef 


57695—21 


7S 



1284 


CAMPBELL VS. DOUGHTON. 


Q. Those people were all challenged hy Mr. Doughton for the nonpayment of 
their poll tax for 1919?—A. Yes, sir. 

Q. Do their receipts show they paid their poll tax for 3919, prior to May 1, 
1920?—A, Under the names on those receipts. 

Q. And you say that those receipts were given to you by the respective voters 
challenged by Mr. Doughton?—A. By them, themselves, or people they gave 
them to, and by the father of one man. 

Q. Mr. Bean, those names do not appear on the certihed list furnished to the 
clerk by the sheriff, do they?—A. Well, I don’t know exactly. You see, these 
people have identified them as their receipts, but under different names. They 
evidently don’t appear there as the way they voted. 

Q. Then, if those mistakes have been made in the initials and in the names, 
it was usually on the part of the sheriff in making the certified list, or in the 
tax listers of the eounty, and they are all Democrats, are they not?—A. Yes, 
sir. 

Q. And by mistakes that may have been made by the stenographer in tran¬ 
scribing and the keeper of the poll books on the day of election?—A. Yes, sir. 

(.}. The keeper of the poll books and the registrar were all Democrats?— 
A. Yes, sir. 

Cross-examnation by Mr. Woodson : 

Q. You know, INIr. Bean,’ that the poll bookkeeper on the day of election 
])ut down the names according to the way the man gives it in that votes?— 
A. Yes, sir. 

Q. Those are the same receipts we have been talking about for the last 
half hour?—A. Yes, sir. 

Q. The majority of those were paid outside of Rowan County or outside 
ot China Grove Township, were they not?—A. Those I have in my hand; yes, 
sir; the majority of those I have in my hand. 

IMr. W. A. HALL, a witness previously introduced, being recalled, testified 
as follows: 

Direct examination by Mr. Waggoner: 

Q. You live in Franklin Township?—A. Yes, sir. 

(}. Do you know E. A. Miller?—A. Yes, sir. 

(h Mr. Hall, IMr. Doughton challenged Mr. Miller and the following persons 
wliose names 1 will call for the nonpayment of poll tax for 1919: C. C. 
I’inkston?—A. Yes, sir; I know him. ^ 

Q. E. C. Miller?—A. Yes, sir. 

Q. .1. H. Maury, E. C. Powlos?—A. Yes, sir. 

(h W. F. Crankfleld?—A. Yes, sir. 

Q. M. C. Eagle?—A. Yes, sir. 

Q. C. L. Hipp?—A. Yes, sir. 

Q. And J. C. Myers?—A. Yes, sir. 

Q. Mr. Hall, 1 hand you a bunch of tax receipts for the persons whose names I 
have just called, and I ask you to state if their tax receipts show that they 
paid their taxes for tlie year 1919, prior to May 1, 1920? C. L. Hipps, is his 
paid?—A. Paid May 1, 1920. J. C. Myers, November 25, 1919. 

Q. Now, Mr. Hall, what is J. C. Myers’s given name?—A. Carl. 

Q. Did Carl IMyers give you that tax receipt?—A. Yes, sir. 

(). And he tells you that his initials are J. C.?—A. Yes, sir; W. F. Cranlr^ 
field, Februai-y, 1920; E. C. Powlos, November 10, 1919. 

Q. Do you know’what E. C. Powlos’s name is?—A. Earl. 

Q. Did Earl Powlos give you that tax receipt?—A. Yes, sir; J. H. Maury, 
IMarcli 31, 1920; E. C. Miller, February 25, 1919. 

Q. Do you know his name?—A. Ezra Miller. 

Q. Did Ezra IMiller give you that tax receipt?—A. Yes, sir. 

Q. As his?—A. Yes, sir. Here is A. E. Miller, paid January 2, 1920. 

Q. Do you know what A. E. Miller’s name is?—A. Eugene. 

Q. He gave you that tax receipt as his?—xV. Yes, sir. C. C. Pinkston, Decem¬ 
ber 22, 1919. 

Q. Did he give you that himself?—A. Yes, sir. 

(}. M. C. Eagle?—A. Paid February 2, 1920. 

Q. Who gave you that tax receipt?—A. He was to leave that with you 
for me. 

Q. Do you know his name?—A. Noah C. Eagle. 


CAMPBELL Vb. DOUGHTON. 


1235 


Q. INIr. Hall, C. Y. Owen is challenged by Mr. Doughton for nonpayment of 
his poll tax for the year, 1919, and is alleged to have voted the Republican ticket. 
State what he voted. —A. Straight Democratic ticket. He lives right there 
by me. 

Q. Mr. Hall, do you know Charles M. Hall?—A. Yes, sir. 

Q. He was challenged by Mr. Doughton for nonpayment of his poll tax for 
the year 1919. I wish you would state just what you know about him.—A. He 
returned from France in September, 1919. 

Q. And what about H. F. Zimmerman? He is*challenged also?—A. He was 
in France; got back some time in 1919. 

Q. hat about S. C. Jones? He is also challenged by Mr. Doughton.—A. 
He didn’t get his tax paid in time; part of it. 

Q. Mr. Hall, when you called on Mr. Eagle, Noah Eagle, for his tax receipt, 
did he explain to you that this was his tax receipt?—A. Yes, sir. 

Q. That was his tax receipt?—A. Yes, sir. 

Q. And it was just a clerical mistake in the sheriff’s office?—A. Clerical 
mistake somewhere. 

Q. And he states that is what he received in payment for his taxes?—A. Yes, 
sir. 

Q. Mr. Hall. \Y. B. Maness and his wife \vere challenged by Mr. Doughton. 
I just ask you if they had been in the State two years prior to the election?— 
A. Why, no, sir; they moved there—they were in Alabama, and moved back 
here the last of August, or the 1st of September, 1919, I won’t be positive. 

Q. What ticket did they vote?—A. Democratic ticket. 

Cross-examination by Mr. Caelton : 

Q. Were you an election official, Mr. Hall?—A. Yes, sir. 

Q. Did you see the ballots cast by Mr. Manes and his wife?—A. Yes, sir; I 
put them in the box. 

Q. You don’t know whether there was a congressional ticket or not?—A. Yes, 
sir; I put in the congre.ssional tickets myself. 

Q. Did you look at it?—A. Yes, sir; I generally looked at all I put in. Mr. 
Frank Thompson put in the county ticket, and handed me the others to put in. 

(}. Did you challenge Mr. Maness?—A. No, sir. 

Q. His wife?—A. No, sir. 

Q. Why didn’t you?—A. I am not going to challenge any white man. 

Q. You aren’t going to challenge any soldier, either, are you?—A. No, sir. 

Q. Do you thinkainy soldiers ought to be challenged, Mr.. Hall?—A. No, sir; 
I don’t. 

Q. You know that your candidate for Congress here. Dr. Campbell, is chal¬ 
lenging soldiers, do you?—A. 1 know reports are going out that all of them 
are challenging them. 

Q. Don’t you know that Mr. Doughton has stated, on a number of occasions, 
that he is not challenging soldier votes?—A. I have so heard. I have seen it in 
the press. That is all I know; the reports I have seen. 

Q. You have also seen, in the pi-ess, and otherwise, that Mr. Doughton has 
asked Dr. Campbell to state, frankly and positively, whether or not he expects 
to challenge the soldier vote, haven’t you?—A. I don’t know as I have ever 
seen that. 

Q. You have heard it?—A. I have heard it. 

Q. Have you ever been able to get Dr. Campbell to say whether or not he is 
going to challenge the soldier vote throughout the district?—A. I never have 
asked him the question. 

Q. You never heard him declare himself on it?—A. No, sir. 

Q. Will you ask Dr. Campbell if he is going to insist on challenging the 
soldier vote or not?—A. If necessary put him on the stand and let him 

answer. 

Q. You would like to know?—A. That is his and Mr. Doughton’s end. I 
have nothing to do with it. 

Q. You are not in favor of challenging the soldier vote for nonpayment of 
poll tax?—A. No, sir. I am not in favor of challenging any white man. 

Q. When did this man, Maness, come to Rowan County?—A. The first time 
I saw him was about two years ago. I think his father-in-law lived out there. 
He married a girl in the neighborhood. 

Q. Has he been living in North Carolina two years?—A. No, sir; he moved 
back to Alabama, where he used to work. I don’t know what he was doing. 
And then he came back here in August or September, 1919. 


1236 


CAMPBELL VS. DOUGHTON. 


(>. How long did lie stay in Alabama?—A. I don’t know. He married about 
2 years before that. But how long be bad been there I don’t know. Charlie 
Kerj’ is his father-in-law or brother-in-law. 

Q. He lives out there with his father-in-law, Charlie Kerr?—A. He staye<l 
there awhile and went back to Alabama. 

(}. Went to Alabama temporarily?—A. I don’t know aliout that. He was 
down there nearly 2 years after he married. 

Q. He married a Rowan County girl?—A. Yes, sir; one of my neighbors. 

<5. You don’t know whether* he intended to desert North Carolina and make 
Alabama his home, or whether he intended to keep his residence in North 
Carolina?—A. No, I don’t. 

Q. You know he was living in that precinct when he voted?—A. Yes; he was 
there when he voted. 

Q. Their names were on the registration book, weren’t they?—A. I guess 
they were. I have never seen the book. They came up to vote, and the 
registrar said they were there. 

Q. You heard the registrar say that the names were there?—A. Yes, sir; he 
said they were there. 

Q. You know, before a name is put on the registration book he is required to 
take oatli that he has been a resident of the State two years; of the county six 
months; and of the precinct four months?—A. I know that is the law. 

Q. Their names were registered?—A. He said they were. 

Q. They were living there at the time they voted?—A. Yes, sir. 

Q. The* tax receipt you offered, as to the payment of poll tax of C. C. Pink¬ 
ston, was paid in Salisbury Township?—A. Yes. sir. 

Q. IMr. Pinkston was living in Salislmry Township in 1919, wasn't he?—A. 
Yes, sir; he was living in Salisbury. 

Q. Do you know when he moved out of Salibury?—A. Fall of 1919. West 
of me about a mile. 

(}. He lived there from the fall of 1919 to election?—A. Tiiving there yet. 

Q. The same place?—A. The same house; yes. 

Q. Where was Mr. .1. H. IMowery living in 1919?—A. In Unity Township. 

C}. Do you know when he left U^nity Township?—A. He moved down there the 
fall of 1919. 

Q. Did he continue to live there then from that time until eie(‘tion?—A. He 
is l(iving there yet. 

Q. You mean he moved in Franklin Township?—A. That is what I thought 
you meant. 

(). That tax receipt there is for IM. C. Eagle?—A. That is what is written 
OTi there. 

Q. That doesn’t .show any tax receipt paid by Noah or Noah C. Eagle?—A. 
He told me that was what the sheriff gave him. 

Q. He didn’t show you his tax receipt?—A. That is the one he gave me and 
claimed it was his receipt. 

Q. You haven’t looked at the sheriff’s records to see if he has got any record 
against Noah C. Eagle?—A. No, sir. 

Q. You don’t know whether Noah C. Eagle has paid any tax or not?—A. He 
gave me that receipt. 

Q. Where is Mr. Noah C. Eagle?—A. He is working at Spencer. 

Q. He lives nearer the courthouse than you do?—A. About the same; on the 
old Mocksville Road. He is a Spencer hand. Whether he can get off, I don’t 
know. 

Q. Is there any reason why he can’t come and testify?—A. I don’t know 
whether he can get away from his job. In this day and time, when a man has 
got a .lob- 

Q. Do you know Carl Myers?—A. Yes, sir. 

(}. Do you know how old Carl Myers is?—A. Why, he is between 25 and 30; 
.somewhere along in there. 

Q. How old is .1. 0. Myers?—A. That is the same man. 

Q. ^Isn’t .1. C. Myers an old man out there, over 50 years old?—A. There is no 
old man .1. C. Myers. 

Q. What is .lesse Myers’s name?—A. J. R. 

Q. Isn’t there a .1. C. Myers that lives out here on Salisbury Avenue—North 
IMain Street?—A. I don’t know what his initials are. This is old man Charlie 
Myers’s son. 

•Q. Aren’t his initials .1. C.?—A. No; C. R. There are two C. R.’s out there. 
Two of them Charlie Myers. 



CAMPBELL VS. DOUGHTON. 


1237 


Q. Have you examined the sheriff’s records to see if Carl Myers has paid his 
tax?— A. No. . 

Q. Where is Carl Myers?—A. At home asleep. 

Q. He is not sick, is he?—A. He works at night and sleeps in the daytime. 

Q. W. F. Crankfield didn’t live in Franklin Township in 1919?—^A. No, sir; 
he lived in Unity. 

Q. Do you l^now when he left Unity?—A. He left in the fall of 1919 and moved 
back there last fall; back since Christmas, rather. 

Q. How long did he stay in Franklin?—A. He was in Franklin over a year. 

Q. Did he make a crop there in 1919?—A. No; he made a crop in 1920. He 
moved in the fall of 1919 and made a crop in 1920, and when he got the crop 
gathered moved back to the same place he moved from before is my under¬ 
standing. 

Q. C. L. Hipp was living in Cabarrus County in 1919?—A. Yes, sir. 

Q. Do you know when he left Cabarrus?—A. He moved up here in the fall 
of 1919—along in August or September some time. He bought a farm out 
there and moved his family in early in the fall. 

Q. He was living there in election time?—A. Living there yet. 

Q. Mr. Hall, what inducement did you fellows in Franklin Township offer 
those Republicans in other townships to move in there in the year 1920 and the 
year 1919?—A. Well, I don’t know that any inducement was offered, and I 
didn’t know this man was a Republican until a day or two before the election. 

Q. Quite a number of them moved in before election?—A. Seems they did. 

Q. You also have receipts here for E. C. Miller and E. A. Miller?—A. Yes, sir. 

Q. You don’t know whether Ezra Miller paid his poll tax?—A. He is the 
man that gave me that receipt. He said it was his. He goes by the name of 
Ezra. 

Q. Who is E. A. Miller?—A. A cousin of his—Eugene Miller. 

Q. Do you know his name is Eugene Miller?—A. Yes, sir. 

Q. Do you know him personally?—A. Yes, sir; in fact, he is a cousin of mine; 
both of them. 

Q. Do you know Earl Powlos?—A. Yes, sir. 

Q. Do you know what his initials are?—A. 1 didn’t until he brought me 
that receipt. Tie said that was his. 

Q. You know Earl Powlos personally?—A. Yes; been knowing him all my 
life. 

Q. He told yon his name was E. C. Powlos?—A. Yes, sir. He brought that 
receipt to iny house. Said he couldn’t possibly get here. 


Mr. W. M. SAPP, a witness introduced by the contestant, being first duly 
sworn, testifies as follows: 


Direct examination by IMr. Waggoner: 

Q. Mr. Sapp, you live in the north ward?—A. Yes, sir. 

Q. In Mr. Doughton's hearings he challenged the vote of M. V. Sapp for 
the nonpayment of poll tax for the year 1919. Do you know INI. \. Sapp? A. 
He was my boy and was in France at that time. 

Q. He AA^as in France at that time?—A. Yes, sir. 

6 He was in France the 1st of May, 1919?—A. Yes, sir. 

O. When was he 21?—A. He was 21 before he went to war. He left his 
vote here when he went to war. He was in the 1918 election. Pie was in 

France in May, 1919. . . . , 4 -, 

Mr Cr\tg Attorney for contestee will ask attorney tor contestant whether 
or Hot the contestant proposes to abandon his purpose previously declared in 
the record—to challenge soldiers in the Army and Navy on account of non- 


6 Mr SapiP were you one of the election officials in 1918?—A. I was. 

Mr Crmg The contestee oblects to the question asked by the attorney for 
the contestant on the ground that it is incompetent and irrelevant. Attorney 
for contestee asks the attorney for contestant if he proposes to abandon hitf 
nurpose to challenge soldiers for the nonpayment of poll tax and hereby 
reiterates the above question to attorney for contestant and asks him b) conie 
forward now and state his position and let the contestee know whether or not 
he proposes to abandon his position, heretofore declared in this record, and 
not to challenge soldiers for the nonpayment of poll tax. 

Mr Waggoner. In ans\ver to which, the contestant, through his attorney, 
states that this matter has heretofore been taken up, and the position taken and 


1238 


CAMPBELL VS. DOUGHTON. 


expressed, arid so shown in the reeoi'd, is the position that the contestant will 
stand by and is a matter of record. 

Q. Mr. Sapp, were yon an election othcial in 1918?—A. I was. 

Q. .Inst state wliat took place when yon took yonr post on election day in 
the north ward in regard to dial leges. 

Mr. Woodson. The contestee, through his attorney, objects to the witness 
answering this question, for the reason that it pertains to new matter and is 
not in rebuttal to any evidence heretofore offered by the contestee, and for 
the fnrthei’ reason that the question has to do with an election of 1918 and 
nothing whatever to do with the election of 1920, over which this contest was 
brought. The contestee further objects to this question for the reason that 
the contestant. Dr. Campbell, was not even a candidate for Congress in the 
election of 1918, and for the further reason that this matter should have been 
gone into in the first hearing, if at all, on the part of the contestant, .'•o that 
the contestee would luive had an 0 ])portunity to reply to the matters and things 
which the contestant now proposes to prove by this witness in regard to the 
1918 election. The contestant now knows that the contestee has no opportunity 
to answer this matter or reply to it in any way whatsoever. 

Q. Now, go ahead; just answer the question as to what took place in regard 
to challenges; what conversation was had between you and the registrar.—A. 
He didn’t know until time to open the polls; he thought Mr. Price was judge, 
and when he called for Mr. Price I handed him my credentials. He said, 
“ I had as soon have you as anybody, but we ain’t going to have any chal¬ 
lenges, and if you won’t agree to that, I will not qualify you.” I says, “ Well, 
we have an election law to go by.” He said, “ Damn the law. It never ought 
to have been passed. We are not going to go by it, and if you attempt to go 
by it we will have the bailiff take you out.” 

Q. Who was registrar?—A. M. A. Shank. 

Q. Was he registrar in the same precincts in the election of 1920?—A. Yes, sir. 

Cross-examination by Mr. Woodson ; 

Q. Did you hold the poll that day?—A. Yes, sir. 

Q. Mr. Shank is a man of good character? You know Mr. Shank?—A. 
Yes, sir, 

Q. He is a man of good character?—A. I know him when I see him. I had 
over a hundred names in my pocket to challenge. There were two of them, 
I couldn’t do anything against them both, 

Q. Did you offer to challenge anybody that day?—A. No, sir; not on the poll- 
tax question. 

Q. You were familiar with the election law?—A. Yes, sir; partly. 

Q. You knew you had a right to challenge, or anybody else?—A. Yes, sir; 
I supposed so. He said they wasn’t going to challenge anybody, so that question 
wasn’t asked a single man that day. 

Q. And you didn’t challenge anybody?—A. No. 

Q. And you went on and served?—A. Yes, sir. 

Q. When did you give this information to Dr, Campbell or his lawyers?— 
A. I told it. I piiblished it in the paper last spring. 

Q. You didn’t testify to this in the original hearing?—A. I have never been on 
the stand in this case. 

Q. You have been up here?—A. I have been hearing it. 

Q. You were up here when Dr. Campbell first put on his testimony?—A. 
Yes, sir. 

Q. You didn’t take the stand then?—A. No. 

Q. Dr. Campbell and his lawyers both knew you had this information?—A. 
Yes, sir. 

Q. You helped Dr. Campbell get up his case?—-A. Yes, sir. 

Q. And you know now that Mr. Doughton can’t put Capt, Shank on in this 
matter at all?—A. I don’t know. 

Q. This is the last day of the hearing?—A. Hasn’t Mr. Doughton got a hearing 
yet? 

Q. No, sir.—A. I thought he came in after this. 

Q. No, sir; this is Dr. Campbell’s rebuttal.—A. I thought Mr. Doughton had 
another. 

Q. No, sir. And you were not put on the stand the first time?—A. No, sir. 

Q. And you were in the courthouse?—A. Yes, sir. 

Q. And they knew you knew about this statement?—A. Yes, sir; I told it 
during the campaign. 


CAMPBELL VS. DOUGHTON. 


1239 


Q. And you didn’t tell IVIr. Shank you were going to make this statement?—A. 
No ; I didn’t know it. 

Q. What paper was it published in?—A. A Wilmington paper, Union-Republi¬ 
can. 

Q. How come you didn’t publish it in a Salisbury paper?—A. I didn’t think 
they would do it. Way before the campaign, last winter, I published it. 

Q. Did you ask either one of our papers to publish it?—A. No, sir. People 
all over the State publish their views in that paper, and T sent a little piece. 

Redirect examination by Mr. Waggoner : 

Q. Mr. Sapp, this paper here is a very partisan Democratic paper?—A. It 
seems so. 

Q. They don’t even publish about the hearings that are going on now in the 
courthouse?—A. I haven’t seen anything of it. 

Q. Mr. Sapp, do you know if you told Dr. Campbell personally about what 
Mr. Shank told you before the day of his first hearing?—A. I told Mr. Lee. I 
told you about it a year or so ago. 

Q. But you don’t know if you told Dr. Campbell personally?—A, I forget 
whether it was before his hearing started or not. 

Q. Now, the reason that you didn’t make any challenges that day was because 
Mr. Shank had told you he would have you arrested if you did?—A. He said 
they would not make any. 

Q. And you were afraid to do it for fear you would be taken out of the poll 
box?—A. i simply let it go- 

(}. You were bullied and coerced into complying with their request?—A. Yes, 
sir. 

Q. And I ask you if that is not the general position in North Carolina—that 
a Republican is ^rced to do many things he would not do if it wasn’t on account 
of threats?—A. That may be. I can’t say only of my precinct. 

Recross-examination by Mr. Woodson : 

Q. You are not afraid of anybody?—A, Not particularly. 

Q. You are friendly with everybody?—A. Yes, sir. 

Q. Including Capt. Shank?—A. Yes, sir. 

Q. You never had any trouble around here?—A. No, sir. 

Q. You are friends with everybody ?—A. Certainly. 

Q. Did anybody ever try to run over you?—A. No, sir. 

Q. Did you ever hear of a Republican being arrested because he challenged 
a voter?—A. Not that I know of. 

Q. You imparted this information to Mr. Lee, who is Dr. Campbell’s manager, 
and Mr. Waggoner, who is his attorney?—A. Yes, sir. I mentioned it to him 
vears ago, be^re the campaign started. 

‘ Q. Even before this contest started?—A. I have related it to lots of people 
since 1918. 

Q. Before this contest started?—A. Oh, yes. 


Mr. G. R. KETNER, a witness introduced by the contestant, being first duly 
sworn, te.stifiGd as follows: 

Direct-examination by Mr. Waggoner: 

O Mr. Ketner, what is your name?—A. G. R. Ketner. 

Q Mr Ketner, Mr. Kluttz, the registrar for your precinct, Boston Cross¬ 
roads, testified that M. C. Ketner had not registered and voted without having 
been registered. Just state if you know M. C. Ketner.—A. I know one M. C. 

Q. Who is that?—A. My mother; she is the only M. C. Ketner in that voting 

Do youSmow^if she was registered ?—A. She went to register and said she 

was registered. ^ . 

Q What is her name?—A. M. C. Ketner. 

O. What is the name?—A. Mary Clementine. . . i 

d Also Mr. Kluttz testified that A. H. Ketner wasn’t registered. Do you 
know H A. Ketner?-A. There is no H. A. Ketner in that precinct to my 
knowing—and I know every Ketner in the voting precinct. . ' ^ 

Q Mr Kluttz testified that he voted without having been registered. A. Not 
anviiody living there by that name. I know every Ketner in the precinct. 

Q. Is tliere an 11. A. (’. Ketner?—A. A es, sir. 

Q. Who is he?—Old man Gus Ketner. 



1240 


C’AMPBEI.L YS. DOUGHTOK. 


(}. You know he was resistereil?—A. Yes, sir: l»een votinj? for years. He is 
an old man. 

Q. Also Mr. Kliittz te.stilied that A. T. Ketner wasn't re.cistered. and that he 
voted. Do yon know if A. T. Ketner resjistered?—A. There is not any A. T. 
Ketner. There is A, C. Ketner, and C. A. Ketner. 

Q. Kilt no A. T. Ketner?—A. No A. T. Ketner. 

(''ros.<<-exainination by IMr. Woodson: 

C>. Mr. Ketner, do yon know whethm* M. Ketner’s name appears on tlie 
rejiistration hook?—A. I didn’t look. 

Q. Do yon know whether H. A. Ketner’s name appears on the regi.stration 
book?—A. There is no H. A. Ketner. 

Q. Do .von know wliether FT. A. Ketner's name appears on the iioll hook?— 
A. There is no H. A. Ketner, to my knowledge. 

(). Do yon know whether A. T. Ketner’s name appears on the registration 
hook?—A. I didn’t have the hook. 

Q. I'on don’t know whether they were duly registered and qualified voters?— 
A. All I can te.stify. there is no A. T. or H. A. Ketner in onr voting precinct. 

Q. And yon don’t know whether they are duly registered and qualified voters 
at Boston Crossroads?—A. Do they register people tliat don’t live in the 
precinct? 

Q. I ask yon if yon know whether they were duly registered and qualified 
voters at Boston Crossroads?—A. I know they were not, according to law, be¬ 
cause they don’t live there. 

Q. Where does M. (’. Ketner live?—A. She lives there. Bnt, A. T. and H. A. 
don’t live there. 

(}. Yon don't know whether she was registered’?—A. I didn't see her. I .said 
I know H. A. (’. Tvetner. 

Q. Was he on the registration hook?—A. He has been voting for years. He 
is about 70 years old. 

Q. Mr. Ketner. T show yon the poll hook for November, 1920, for Boston 
Crossroads precinct. Rowan Comity ; the names of persons voting, and ask yon 
if No. 86 doesn’t show Ketner, H. A. ?^—A. There is no H. A.- 

Q. Doesn't it show that?—A. It certainly does. The C. must have been left 
off. 

Redirect examination by IVFr. Waggoner: 

Q. Mr. Ketner. what is ?T. A. C. Ketner’s read name?—A. Gns, or Angnstns, 
is all T know: always gone by the name of Gns Ketner. 

(}. I ask yon to look at the registration book there, and see if Angnstns Ket¬ 
ner is registered?—A. Yes, sir. 

Q. Angn.st what?—A. Angnstns C. Ketner. 

Q. And he is the same man as H. A. C. Ketner?—A. I gness so. I can’t 
swear. Because it ha.sn’t got H. to it. Bnt T know that much is his initials. 

Q. Look there and .see if yon .see the name of IMary Ketner registered?—A. 
Yes. sir: it is here. 

Q. Do yon know what her full name is?—A. Mary Clementine. 

Q. What is her age, about?—A, Pifty-fonr or fifty-five. 

Q. What does it show her age there?—A. Fifty-four. 

Mr. E. H. BEAN, a witness previously introduced by the contestant, being 
recalled, testified as follows: 

Direct examination by Mr. Waggoner : 

Q. Adam Kirk was challenged by Mr. Donghton, in his hearing, for non¬ 
payment of his poll tax. I hand yon affidavits and ask yon to state when it 
shows tliat he became 21 years of age?—A. March 23, 1920. 

(}. ]Made by Adam Kirk and sworn to?—A. Y'es, sir. 

Q. Gold Hill precinct?—A. Yes, sir. 

Q. Mr. Bean, Robert Fish was challenged by Mr. Donghton, in his hearing, 
for nonpayment of his poll tax. I ask you to state .1nst what the affidavit, made 
by Mr. Fish, shows?—A. That he is generally known as Robert Fish, and his 
name is W. F. Fish, and he paid his taxes previous to May 1, 1920, and 
voted in the general election at Landis. 

Q. Sworn to by W. F. Fish?—A. Yes, sir. 

Q. l\Ir. Bean, G. M. Fox was also challenged by :Mr. Donghton for nonpay¬ 
ment of his poll tax for the year 1919. I ask yon to state what this sworn 
affidavit of G. M. Fox shows?—A. Fifty-nine years of age; been in Landis 
precinct five years; voted in Landis precinct. 



CAMPBEIJ. VS. DOUGHTON. 


1241 


(}. J. . Re;ullin 2 ;ei’ was cliallenged as being; a nonresident, and as having; 
voted in Landis precinct. 1 will ask yon to state what the sworn affidavit of 
Mr. Readlinger shows?—A. That he has been a resident of that precinct for 
five years. 

Cross-examination by Mr* Woodson : 

Q. Do you know any other Readlinger?—A. I know L. L. 

Q. Do you know this one?—A. Yes, sir; he owns a home there, 

Q, What precinct?—A. Landis. 

Q. You are not very well acquainted in Landis precinct?—A. Not so extra. 
I stayed down there several weeks last year. 

Q. You don’t know why Adam Kirk didn’t come here to testify?—A. He 
was here. 

Q, When?—A. Yesterday. 

Q. Do you know why you didn’t call him?—A. He was late getting here. 

Q. He made an affidavit before Mr. Woodson?—A. Y'es. sir; after adjourn¬ 
ment. 

Q. All these affidavits were made before Mr. Woodson in Salisbury?—A. 
No, sir; they were made in Landis and Kannapolis. 

Q. The Foxes and Fishers?—A. Yes, sir. 

Q. You would not say positively that those are the people that were chal¬ 
lenged, because they are different initials—A. I was present when they were 
made. 

Q. I am saying you can not say, by the names being different, whether they 
are really the identical persons challenged by Mr. Doughton?—A. Only one is 
different, and that is Fish. 

Q. You can’t say positively that was the man?—A. No, sir; I am just 
Identifying the affidavit. 

Q. One other question : In your testimony yesterday evening you re.ad off a 
number of names at a time?—A. Yes, sir. 

Q. And all you testified to about them was that they were registered in the 
Democratic primary?—A. Yes, sir; and can’t locate them now. 

Q. Do you have reference to the general primary?—A. Last spring. 

Q. As a matter of fact, you know that is a general State-wide primary for 
all purposes?—A. Yes, sir. 

Q. In that primary Gen. Wood and Hiram Johnson were running for the 
nomination for President?—A. Yes, sir. 

Q. Right here in Rowan County?—A. T don’t know anybody that went to 
the polls. 

Q. And you don’t know whether this man registered to vote for Wood or 
Johnson or somebody else in that primary?—A. No; I am just testifying they 
are on the absentee list The Renublicans very seldom participate. 

0. The Republicans had participated in that very primary in former years?— 
A. T have never known them to. 

Q. Even when there are four or five running for sheriff?—A. No, sir; never 
has. 

Q. There is a Republican in the priinary. helning hold the primary, just the 
same as in general elections?—A. T noticed that in the paper. 

Q. The primary is for all political parties?—^A. Yes, sir. 

O. So, these men that registered, you don’t know whether they even voted 
in the former election?—A. They were on the poll book INli-. Shank identified. 

O. You don’t know how tliey voted?—A. No, sir. 

Redirect examination by ^Nlr. Waggoner: 

O. iMr. P>ean. H. C. Reaver was challenge«l l)y Mr. Doughton for nonpayment 
of his poll tax for the year 1019. T hand you affidavit, and ask you just to 
state what the affidavit sworn to by :Mr. Reaver slmws?—A. That he became 21 
years of age December 27, 1019. 

IMr. Rean, E. D. Ruckner was challenged for nonpayment of his 1010 
poll tax. 1 hand you bis tax receipt, and ask you to state what it shows?—A. 
Shows he paid his ])oll tax December 81, 1021. 

Q. He voted in what ward?—A. North ward. 

D. T.eon Henderson is challenged by IMr. Doughton foi* nonpayment of his 
1010 poll tax. When does that tax receipt show he paid his poll tax?—A. 
.January 20, 1020. 

Q. Did he vote in the north ward?—A. No; south ward. 


1242 


CAMPBELJL, VS. DOUGHTON. 


Q. Mr. Kean, W. A. Hendricks is cliallenj;ed by Mr. Doiigbton for the non¬ 
payment of liis 1919 poll tax. .Tiist state wliat his tax receipt shows.—A. Paid 
April 29, 1920. 

Q. W. H. Wallace is challenged by Mr. Houghton for nonpayment of his poll 
tax. I hand yon an affidavit sworn to hy W. H. Wallace and ask you to state 
what it shows, in substance?—A. W. H. Wallace states he was a resident 
of Guilford Count.v in 1919, and in April he sold his home, and taxes for 
1919, including poll, were taken out at that time. Sold his home April 20, 
and taxes for 1919 were taken out at that time. 

Q. And deducted from the purchase price?—A. Yes. sir. 

Q. Hendricks voted in the south ward?—A. South or east, one. 

Q. State what you know about Floyd Kincaid?—A. He was challenged for 
nonpayment of poll. He told me last evening he voted the Hemocratic ticket. 

Q. He is challenged by Mr. Houghton?—A. Yes. sir. 

Q. And alleged to have voted the Republican ticket?—A. Yes. sir. R. M. 
I.ewis is challenged, and Mrs. Lewis told me yesterday evening she and Mr, 
Lewis voted the Hemocratic ticket. They live at 1120 North IMain. Edgar 
Griffin is challenged. He voted in the north ward. He told me last evening 
he voted the Hemocratic ticket. 

Q. Challenged by IMr. Houghton and alleged to have voted for Hr. Camp¬ 
bell?—A. Yes, sir. Henry Pass I haven’t been able to find, nor C. L. Simpson. 

Q. Those two people are challenged by Mr. Houghton and alleged to have 
voted for Hr. Campbell, and you are unable to find them?—A. l"es, sir. M. L. 
Wade is challenged in the south ward. I am unable to find any M. L. Wade. 
Z(‘h K. Rice T can’t locate. Gone back North. .T. K. Shepherd—people don’t 
know him. 

Q. He is challenged by IMr. Houghton and alleged to have voted for Hr. 
Cami)bell?—A. Yes, sir. E Henderson .challenged for nonpayment of poll tax, 
told me last evening he voted the Hemocratic ticket. R. B. Beck is challenged 
for nonpayment of poll tax. He told me last evening he voted the Hemocratic 
ticket. 

Recross-examination by Mr. AVoonsox: 

Q. AVhen did you go to Air. Beck’s house?—A. AVsterday evening. 

Q. AVhat time?—A. Five-thirty; somewhere along there. May have been 
after; I didn’t pay much attention. It was after adjournment. 

Q. After adjournment you and Mr. AA'aggoner passed down the west end 
of the street, going in the direction of your home?—A. I didn't go down the 
west end. I wasn’t with Mr. AAhiggoiier; 1 was with Hr. Campbell. AA’e 
thought these people were Reimblicans; we thought we would try them. 

Q. The fact that this list here, Simpson and Bass and AVade, that you 
couldn’t find, that is no evidence that they didn’t vote on the 2d day of Novem¬ 
ber, 1920?—A. AA"e just couldn’t locate them. Quite a number all over the 
county moving. 

Re-redirect examination by Air. AA'aggoner; 

Q. Air. Bean, 1 ask you if it was po.ssible to locate these people, if it is not 
very probable that it would show up that they had tax receipts, just like we 
introduced of the others we have brought in?—A'ery likely. 

Q. Also it is highly j)rohahle, if they hadn’t paid their poll tax, just like a 
number of i)eoi)le that were challenged by Air. Houghton, and alleged to have 
voted the Repuhlican ticket, and we fiml, upon examination, that they voted 
the Hemocratic ticket and for Air. Houghton?—A. Possibly. 

Re-recross-examination by Air. AA'oodson : 

Q. How many did you find—four or five?—A. The most we saw yesterday 
evening voted for Air. Houghton. 

Q. They didn’t come and swear they did?—A. No; they told me. 

Q. Seven hundred and fifty out of nine hundred and fifty that you swore 
out warrants for that the sheriff couldn’t locate, either?—A. I explained that. 
The corporations turned those names in as employees .January 1, 1920. We 

turned the list over to Air. F-; warrants were issued, and we signed them. 

A good many of those people have left and the warrants were not served. 
There was a whole lot of confusion about this thing. 

Q. On both sides?—A. Yes, sir. 



CAMPBELL VS. DOUGHTON. 


1243 


Mr. E. F. WILHELjNI, a witness introduced i)y tlie contestant, beiiiii: tirst 
duly sworn, testified as follows: 

Direct examination by Mr. Waggoneii : 

Q. IMr. Klutz, registrar for Boston Crossroads, testified that yon voted at the 
November election, 1020. without having been registered. Just state how long 
you have lived down there.—A. Three years the 12th of last March. 

■ Q. How many times have .vou voted at Boston Crossroads?—A. Twice. 

Q. You registered back in 1916?—A. Yes, sir; the last registration. About 
three years ago. I think, is when the last registration was. 

Q. And if your name was not on the registration book it was not your fault?— 
A. No ; it was not my fault. He said it was on there when I went to vote. 
He was sitting there with the book. He allowed me to vote there twice— 
1918 and 1920. 

Cross-examination by INIr. Carlton : 

Q. Do you know any other AVilhelm in that precinct?—A. No; no other 
AVilhelm in that precinct at all. - * 

Q. You think you are the only Wilhelm there?—A. I don’t know any other 
Wilhelm around there, except Mack Wilhelm, I don’t think he votes at the 
crossroads, 

Q. Whom did you register before when you registered in 1916?—A. Well, T 
don’t know who the registrar was then. It don’t seem to me like INlr. Klutz 
was i-egistrar. I don’t remember who was registrar. 

Q. You don’t think it was Mr. Klutz at that time?—A. Why. I never thought 
anything about it until to-day. 

Q. You know Mr. Klutz?—A. Yes, sir; I know Mr. Klutz; know him when 1 
see him. Never did see him buka few times. 

Q. You don’t recall that it was Mr. Klutz who was registrar when you regis¬ 
tered in 1916?—A. Whoever was registrar at Boston Crossroads. 

Q. You don’t know who it was?-—A, Who was registering up there? 

Q. I am asking you who was registrar when you registered, to the best of your 
recollection?—A. It was whoever was registrar out there; T registered out there. 

Q. I understood you to say you knew Mr. Klutz?—A. I never saw him but a 
time or two. 

Q, Did you ever register in any school or road election?—A. Not up there. 

Q. Is this the only time you ever registered at Boston Crossroads?—A. Yes, 
sir; I registered at Heilig’s Mill. 

Q. When?—A. I don’t know how long; been several years. 

Q, How long did you live at Heib’g’s Mill?-—A. All my life; since I was l9 
years old until the last three years. 

Q. Then you moved over to Boston Crossroads precinct?—A. Yes, sir. 

Mr. C. T. PARKS, a witness introduced by the contestant, being first duly 
sworn, testified as follows; 

Direct examination b.v Mr. Waggoner : 

Q. Your name is C. T. Parks?—A. Yes, sir. 

Q, You were challenged by Mr. Doughton for nonpayment of poll tax for 1919. 
Just state when you became 21 years of age.—A. I became 21 years of age the 
7th of April, 1920. 

Q. And you voted in Spencer precinct?—A. Yes, sir. 

Cross-examination by Mr. Carlton : 

Q. AVhen is your birthday?—A. The 7th of April. 

Q. What year?—A. I don’t know. 

Q. You don’t know your birth date?—A. I haven’t counted back. 

Q. Did you ever read it in the Bible?—A. Yes; it is down in the Bilde; sure. 

Q. Have you got a certificate when you were baptized?—A. No, sir; I haven’t. 

Q.” What'evidence have you got that you were 21 in April, 1920?—A. I can’t 
hardly remember that far back. 

Q. 'Have you any evidence whatever, Mr. Parks, as to the date of your birth?— 
A. Nothing onl.v what my father says, 

Q. Where is your father?—A. In Spencer. 

Q Why didn’t you bring him here?—A. They didn’t tell me to bring him. 

Q Did you look at the Bible before you came up here?—A. No; 1 never 
looked at it before I came. I have looked at it several times. 


1244 


CAMPBELL VS. DOUGHTON. 


Q. What does the Bible show as to the date of your birth?—A. It shows, I 
think, 1899, but I would not be sure. 

Q, What did you say?—A. 1899, I believe. 

Q. When was the last time you read it in the Bible?—A. I don’t know; been 
something like—may have been a year since I looked at it. The Bible, we don’t 
use it always. 

Q. Why did you look at it a year ago?—A. I have got several reasons for that. 
I have some sisters dead, and I was looking at their age, and one thing and 
another. 

Q. Are you a married man?—A. No, sir. 

Q. Why, don’t you know you are 25 years old^—every year of it?—A. Wh>, 
no; I don’t know it. 

Q. How many times have you voted?—A. This is the first time. 

Q. When did you register?—A. I don’t just remember what date it was, 
hut in this county when the books were openel. 

Q. Who was registrar?—A. Mr. Cruse; Spencer. 

(}. Did you give him your age?—A. Yes. sir. 

Q Do you remember what age you gave him?—A. Twenty-one years old. 

Mr. R. R. HENDREN. a witness introduced by the contestant, being first 
duly sworn, testified as follows: 

Direct examination by Mr. Wa^ggoner: 

Q. Your name is R. R. Hendren?—A. Yes, sir. 

Q. Mr. Hendren, you were challenged by Mr. Doughton, at his hearing, for 
the nonpayment of your poll tax for the year 1919. I hand you tax receipt 
and ask you to state on what date you paid your poll tax for the year 1919?— 
A. November 26. 

Q. 19-?—A. 1919. 

Cross-examination by Mr. Carlton : 

Q. You lived in Iredell County in 1919?—A. Yes, sir. 

Q. And paid your poll tax in Iredell County?—A. Yes, sir. 

O. Wlio told you that you were challengfHl?—A. IMr. Dorsett. 

Q. J. D. Dorsett?—A. Yes, sir. 

Don’t you know your name is not on tins list at all?—A. I don’t know 
about that list. 

Q. You haven’t seen the list that was challenged, have you?—A. No, sir; I 
reckon not. I snw the list he had. 

Q. That was simply a list written out by .1. D. Dorsett?—A. I don’t know 
who made the list out. 

iNlr. W. L. SECHLER. a witness introduced by the contestant, being first 
duly sworn, testified as follows: 

Direct examination by Mr. Waggoner : 

(>. IMr. Sechler. how ’s the name Sechler spelled?-—^A. 8-e-c-h-l-e-r. 

Q. What are your initials?—A. W. L. 

O. IMr. Sechler. did you pay your poll tax for the year 1919?—A. Yes, sir. 

Q. You were challenged by Mr. Doughton for nonpayment of your poll tax?— 
A. Yes. sir. 

Q. Now just state on or about what date you paid your 1919 poll tax?— 
A. April 19, 1920. 

Q. IMr. Sechler, is .1. L. Moore the same as James L. Moore?—A. Yes, sir. 

Q. Do you know him?—A. Yes, sir. 

Q. When you called on James L. Moore, or James Moore, for his tax re¬ 
ceipt. did he give you this tax receipt?—A. Yes, sir. 

Q. .T.L. Moore?—A. Yes, sir. 

Q. Do you know Grover Cook?—A. Yes, sir. 

Q. What are his initials?—A. Grover A. Cook. 

Q. Do you know Arch Slough?—A. Yes, sir. 

Q. What are his initials?—A. A. R. Slough. 

Q. You say his^-A. I am mistaken in that. I was thinking of another 

fellow. 1 have got so many initials in my mind. 

Q. Well, did W. A. Slough give you this?—A. Yes, sir; W. A. Slough. 

Q. W. A. Slough are the initials oi^ Arch Slough?—A. Yes, sir; W. Arch 
Slough. 




CAMPBELL. VS. DOUGHTON. 


1245 


Q. Do you know if Arch Rosenuin and A. M. Roseiiiaii are the same per¬ 
son?—A. Yes, sir. 

Q. Mr. Sechler, Raymond Thornhiirg has been challenged bj' Mr. Doiighton 
for nonpayment of poll tax. Do you know what his politics is?—x\. Yes, sir; 
he is a Democrat. 

Q. James H. Millan?—A. It should be Milen. 

Q. He was challenged for nonpayment of poll tax. Do you know how he 
voted?—A. He voted the Democratic ticket. 

Q. You know that he is a Democrat?—A. Yes, sir. 

Q. Do you know T. Ij. Thomi)son?—A. Yes, siiv 

Q. He was challenged by Mr. Doughton for nonpayment of his poll tax?— 
A. Yes, sir. 

Q. Did he give you this receipt?—A. Yes, sir. 

Q. I hand you T. L. Thompson’s receipt, and ask you to state just when it 
shows his taxes were paid.—A. I just don't remember what he said about it. 

Q. What does tlie receipt sliow'/—A. November 12, 1919. 

(^. Do you know Ralph 1*. HouseU'.-'—A. Yes, sir. 

Q. Did you call on him for his tax receipt?—A. Yes, sir. 

Q. Is this the tax receipt that R. P. Housell gave you?—A. Yes, sir. 

Q. .Just state when it shows he paid his taxes.—A. January 23. 1920. 

Q. That includes his poll tax?—A. Yes, sir. 

Q. Mr. Sechler, I believe your name is W. L.?—A. Yes, sir. 

(j. Do some peoi)le misspell the name Sechler by spelling it S-e-c-k-l-e-r‘?—A. 
Yes, sir; half the time it goes that way. 

Q. The right way is Sechler?—A. Yes, sir. 


Cross-examination by Mr. Caklton : 

Q. Were you an election official at the 1920 election, Mr. Sechler'?—A. 
No, sir. 

(}. Did you stand at the ballot box during the day of the election?—A. No, sir. 

Q. You'would not undertake to say how the voters voted on election day, 
November 2, 1920, would you, Mr. Sechler?—A. No, sir. 

Q. You didn’t see Mr. Thornburg cast his ballot on election day?—A. No. 

Q. You don’t know how he voted, of your own knowledge'?—A. No, sir; not 
more than- 

Q. You didn’t see Mr. IMilen, James H. IMilen, vote?—A. No. sir. 

Q. You don’t know, of your own knowledge, how he voted on ('lection day'?— 
A. No, sir. 

Q. Is this Housewell or Hansell'?—A. Hou.sell is the way he spells it. Pie 
runs a garage. 

Q. Do you know a man down there by the name of Plansell?—A. No, sir; I 
don’t. 

Q. You don’t know whether he has i)aid his poll tax or not?—A. I don't know 
Hansell. 

Q. This man, Housell, came from Cabarrus County?—A. Yes, sir. 

(j. Do you know when he left Cabai-rus County?—A. No; 1 don’t know ex¬ 
actly, but he lived in Rowan County, and his garage was in Cabarrus; but he 
did live in Cabarrus-awhile, and then moved over the line, but 1 don’t know the 
exact date. 

Q. Do you know whether he sleeits in Rowan oi- C5d)arrus'?—A. No; I don t 
know where he sleeps now. He slept in Odjarrus in 1919. He moved over in 
Rowan jtist al)Out a year ago ; I don’t know the exact date. 

Q. Cabarrus is his home now?—A. Yes, sir; he moved back to Cabarrus 
about a year ago. 

(}. Did he ever move his family over here’?—A. Yes, sir. 

(>. Permanently’?—A. Yes, sir. 

(}. You are sure he was sleeping in Rowan on the day of election?—A. Y(^s, 
sir. 

(). How long had he been sleeping in Rowan?—A. Oh, six months or more. 


O. What month did he move over the line?—A. I couldn’t tell you exactly. 
(}. Who told you he had been in Rowan six months?—A. Well, I laiii a store 
right there, in a couple of hundred yards of where he lived, and 1 am fully 
satisfied that I ('ould go back and bunt out and tell (exactly, but I couldn't tell 

(j. You don’t want to sweai- absolutc'ly as to tlu' time he mow'd into Kowan, 



1246 


CAMPBELL VB. DOUGHTON. 


Q. And it might be that he hadn’t been in Rowan more tlian live montlis and 
a halt np to tlie time of election V—A. Well, I think it had fully been six 
months, I could have got that exactly. I just didn’t do it; didn’t think about 
being called on. 

Q. You are not positive about his time of residence in Rowan?—A. Not just 
to the very date. 

Q. This man, T. L, Thompson, is another (Mbarrus County man?—A. No, sij*; 
he is a farmer—young fellow. 

Q. Didn't he come from Cabarrus County?—A. Yes, sir. I think he moved 
out of Cabarrus County, but I think it has been about two and a half years 
ago or maybe three. 

(}. His poll-tax receiik shows he i)aid taxes in Cabarrus County?—A. \es, 
sir. 

(}. Do you know when he left Cabarrus County?—A. Why, no; I couldn't 
tell you exacfl.v. 

(}. C. A. Cook; this receipt shows that G. A. Cook was a Cal)arrus (.■ounty 
man also, doesn't it'.-'—A. Yes, sir. 

(}. Do you know when he left (’;d)arrus (Vninty''—A. No; 1 don't know the 
exact date. 

Q. You don't know Grover Cook, do you'/—A. Yes, sir; he is G, A. Cook. 

(}, Did you ever hear of a man named Grover A. Cook?—A. Yes. sir. 

Q, Don’t you know all the Grovers are named Grover C.—Grover Cleveland'/— 
A. No, sir. 

Q. Can you name one not named Grover Cleveland?—A. No. sir; I can't; I 
didn’t study that part of it. 

Q. Here is a rec'eipt from Arch Slough.—A. Y^es, sir. 

Q. It appears that he was living in Litaker Township?—A. Yes, sir; he 
moved from Litaker Township up to laindis, 

Q. Do you know when he moved to Landis?—A. No; I don't know the exact 
date. 

Q. You don’t know whether he had been tliere four months or live months*/— 
A. It has been something like six months, I suppose. 

Q. You won’t swear he had been there 6 months and 2 days or 5 months and 
28 days, will you'/—A. No, sir. 

(}. T>o you know a man by the name of W. A. Slough'/^—A. Yes, sir. 

Q. You have a receipt here for the poll tax of A. IM. Roseimin. You know 
that IMr. Doughton didn’t challenge A. INI. Roseiuan. don't you'/—A. Why. I 
don’t know about that; no, 

Q. You don’t know about that?—A. No. 

Q. WilJ you look at the date of that receipt and see if you can read it? I 
can’t read it, myself.—A. Looks like November 22, 1920, to me. 

Q. That would be 20 days after the election of 1920, wouldn’t it?—A. Yes. 

sir. 

Redirect examination by Mr. Waggoner: > 

Q. (Hands witness paper.) .lust state what that .<hows, IMr. Sechler'/—A. 
“A. M. Rosenian paid 1919 taxes, poll included. November 22, 1919.—.1. H. 
Krider, sheriff.” 

Mr. .T. L. McCURDY, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Waggoner: 

Q. Mr. McCurdy, do you know Mr. R. P. Housell?—A. Yes, sir. 

ty Do you know how long he has lived in Landis precinct?—A, Why, 1 
can’t tell you the exact date, but he had been living in Landis precinct four 
months prior to the election. I would think he had been living there some¬ 
where between six and eight months. He lived in sight of my house. 

(}. And you know that he has lived in Rowan County six months and in 
Landis precinct four months prior to the election?—A. Why, I couldn’t feel 
sure, but I think he lived in Rowan County anywhere from six, possibly 

eight, months, though I couldn’t be positive as to the time, because I wasn’t 

thinking about being called on to give dates. But it was somewhere near 

spring that he moved up there, I don’t think early spring, but call it some¬ 

thing like ’the latter part of spring or the very first part of summer. Now, I 
feel like it was in May, though I would not be positive. 


CAMPBELL. VS. DOUGHTON. * 


1247 


Cross-examination by Mr. Carlton : 

Q. Where is Mr. Housell now?—A. He lives down in Kannapolis, in Cabar¬ 
rus County. 

Q. Not sick, is he?—A. Not that I*know of. 

Q. Mr. McCurdy, you won’t swear whether he moved to Rowan County in 
May or .Tune, will you?—A. No; I couldn’t be positive. 

Q. You rather think he moved in .June or the early part of May?—A. It is 
possible. I wasn’t thinking about giving dates. To the best of my recollection. 

Q. Where do you live?—A. I live in Rowan—you have been down that way. 

Q. You live near where Mr. Housell did live?—A. Yes; in sight; some 300 
yards from where he lived; possibly 400; but a fair view. He lives on a rise. 

Q. Mr. Housell simply moved over here some time in the summer and moved 
back a few months ago?—A. Yes; he moved back since election—I don’t just 
mind when; can’t give you the date. 


Mr. E. H. BEAN, a witness previously introduced by the contestant, being 
recalled, testified as follows: 


Direct examination by Mr. Waggoner ; 


Q. You have a list of names there. Now, just go ahead and tell what you 
know about those people.—A. Mr. Elmer F. Waller was challenged for non¬ 
payment of poll tax in Rowan Academy precinct. Said his name was Elmer 
Fred Waller. 

Q. Now, just go ahead.—A. This was given me by Mr. R. E. Miller; paid 
this much to cover his poll tax, April 12, 1920. 

Q. Where did he vote?—A. Mount Uha. I haven’t known that gentleman 
since last summer. E. R. Brotherton has a note from the sheriff of Lincoln 
County; paid his tax November 5, 1919. 

Q. The persons whose names you have just called were challenged by Mr. 
Doughton. were they?—A. Yes, sir. 

Q. B. L. Price was challenged for nonpayment of poll tax in the north 
ward ?^—A. He is a one-legged man; a shoemaker at McCurdy’s shoe store. I 
didn’t have a chance to get an affidavit. He rooms in the Wallace Building. 
O. H. Etheridge was challenged for nonpayment of poll tax. He voted in the 
north ward, and his sister, in the Virginia life-insurance office, told me he 
was a Democrat. I testified this morning about .1. A. Tutterow. I find .7. 
A. Tuttlow on the certified tax list. R. M. Gantt told me a few months ago 
be wos 52 years old. 

Q. He was challenged?—A. Yes, sir. In the south ward. R. E. Huffman 
told me in the presence of two gentlemen he paid his poll tax for 1919 and 
was trying to get down here. He is an insurance agent; said he had paid 
bis poll tax in the presence of T. A. Dennis and J. B. Price, two men in the 


office. 

Q. He was challenged by Mr. Doughton?—A. Yes, sir. He said he was 
trving to get down here. 

'q. Where did he vote?—A. South ward. I. A. Nussman was challenged for 
nonpayment of poll tax. He is a very warm Democrat. 

Q. He was alleged to have voted the Republican ticket?- 

Q. You say he is a very partisan Democrat?—A. He is a 
N. Allbriglit—Walter N. Allbright—lives close to me. He 
tax. He told me he had. I didn’t 
the other evening. There isn't but 
T. F. Tillinghas. There is only one 
is about 70 years old; lives close to 


—A. Yes, sir. 
hot Democrat. W. 
has paid his poll 
get a written receipt. I was in a hurry 
one Walter in our precinct. I looked for 
in our precinct, and one voted—T. A. He 
me. 


(}. He was challenged for noni)ayment of poll tax?—A. Yes, sir; the only 

T. I know. , ^ ^ 

Q How old did you sa> he was?—A. Seventy; maybe more. J. L. Stdler is 
a quarry man. I ‘got him this morning as he was going to work. He told 
me he was living at Granite Quarry. I consulted the certified list and he paid 


his poll on time. , 

O He was challenged for nonpayment of poll?—A. les, sir. Mr. Kerlee 

told me that G. F. Freeman, one of his employees, was challenged for nonpay¬ 
ment of poll tax, and that he was a very ardent Democrat. That is all, gen¬ 


tlemen. 

Q. He was challenged by Mr. 
Yes, sir. 

Q. And was alleged to have 


Doughton for nonpayment of his poll tax?—A. 
voted the Republican ticket’.’*—A. Yes. sir. 


1248 


CAMPBELL VS. DOUGHTON. 


Q. How often had he voted the Democratic ticket?—A. Mr. Kerlee said he 
was a Democrat. 

Q. You Imve a tax receipt there for Henry .folmson. He was challenged by 
Mr. Doiighton for nonpayment of poll?—A. l^'es, sir. 

Q. Just state if that is his receipt, and, if so, when does it show he paid 
his poll tax for 1919?—A. February 16, 1920. 

Cross-examination by Mr. Carlton : 

Q. This last receipt here of Henry Johnson; he was the Negro that worked 
down here at the barber shop, wasn’t he?—A. Yes, sir. 

Q. Wasn’t he living in Baltimore in 1920?—A. No, sir. He is one of the 
first that I gave notice to get out and go to work; work or fight. He went to 
a shop and lost his hand. Been around here ever since. 

Q. After he lost his hand, didn’t he leave here and go to another State to 
work?—A. I saw him around here a good deal. 

Q. When was the last time you saw him?—A. Day before yesterday. 

(}. Is he living here now?—A. Yes, sir. He stopped me on the street. He 
has had a case against the railroad. 

Q. Out of all this bunch you testified to about paying poll taxes, you haven’t 
been able to produce but three receipts, have you?—A. This afternoon? 

Q. Yes, sir.—A. That is all. 

Q. This receipt here, for U. E. Miller, shows his residence in Iredell County, 
in 1919?—A. Yes, sir. I have only known Mr. INIiller sin(;e sometime last year. 
He gave me that and said it covered his poll. 

Q. Do you know when he moved to Rowan County?—A. Well, he was here 
last year. 

Q. What part of last year did he move to Rowan County?—A. He was here 
in the summer of last year. 

Q. Don’t you know he came here in .Inly last year?—A. No, sir. 

Q. Will you swear when he came here?—A. No, sir. He was here in the 
summer. 

Q. You never knew of his being here until in the summer sometime?—A. No, 
sir. 

Q. You don’t know, then, whether he had been in Mount Ulla precinct four 
months before the election or not?—A. I don’t know anything about that. 

Q. And when he came from Iredell County he moved to Mount Ulla precinct?— 
A. I suppose so. 

Q. That paper is not a receipt, is it, Mr. Bean?—A. It is a statement that he 
paid his tax; signed by the sheriff. 

Q. Did you see the sheriff sign it?—A. No, sir.^ 

Q. There is no witness that the sheriff signed it?—A. There is not. 

Q. Why didn’t you get Mr. Waggoner or another notary public to take his 
acknowledgment, as they have been taking acknowledgments of so many sub¬ 
scribers?—A. Well, that was just given to me. 

Q. You don’t know who wrote this certificate, do you?— A. The sheriff of 
Lincoln County’s name *is here. 

Q. No witness?—A. No, sir. 

Q. Anybody could go to the sheriff’s office and get an official piece of paper 
and write out a certificate, and sign the sheriff’s name to it?—A. Well, they 
could. 

Q. Did you examine the certified lists to see if B. L. Price had paid his poll 
tax?—A. I did not. 

Q. You just took his woi-d for it?—A. I was going down the street and he 
told me that the shoemaker in there was Price; B. L. Price. 

Q. You didn’t examine any records to see whether he had paid or not?—A. 
No; you all said that he hadn’t. 

Q. You hadn’t seen any evidence that he did?—A. No, sir. 

Q. You simply took his word for it?—A. I testified that Mr. D- said it 

was B. L. Price in there. They had had several Prices up there, in the in¬ 
surance office, and he said that was B. L. Price. 

Q. I understood you to say, on your direct examination, that IMr. Price told 
you he had paid his tax?—A. No; I understood he was exempted. 

Q. You don’t know he had been exempted?—A. No. 

Q. And you know he has not i)aid his poll tax? Didn’t you ask him if lie was 
exempted?—A. I haven’t spoken to the gentleman about it. 

Q. What was your purpose as to testifying about P.. L Price?- A. d’hat he 
was disabled. Most of those people are. 



CAMPBELL VS. DOUGHTON. 


1249 


Q. The only Uliing yon know about him is that he is one legged?—A, Yes, sir. 

Q, And then you jumped at the conclusion that.he had been exempted from 
the payment of tax?—A. Most of them are. exempreci riom 

records to see if Mr. R. E. Hoffman had paid his poli 
tax?—A. ^o, sir; you all said he hadn’t. 

presence of T. A.. 

Dennis, J. B. Pride, that lie had. 

Q. You don’t know whether Hoffman had paid his taxes or not’—V No I 
took his word for it. i. i. 

Q. Isn’t J. L. Stiller the man that lives out on South leulton Street’—A Yes 
sir; there are two out there. a. les, 

Q. J L Stiller has been there two or three years?—A. AVell. I don’t know 
ciDoiit tiint. 

il Is he the one that worked for the Salisburv Realty & Insurance (’o ’— 
A. No ; that is (L B. Stiller. 

Q. Did you see his ])olI-tax receipt?—A. No, sii-. He told me he was living 
there at the time. 

Q. you (1 dn’t see his receipt?—A. No; but his name appears on the certified 
list, 1 rovidence or Gold Hill, I don’t know which I looked for first. 

. uiany times does this make that you have Iieen on the witness stand 

in this hearing?—A. I couldn’t tell you. I really don’t know. 

Q. You were on the stand a number of times at Dr. Campbell’s first hearin<^ 
and at this hearing?—A. Yes, sir. ' ^ 

Q. You have been on the stand about three or four different times to-dav 
haven’t you?—A. Three or four. ’ 

Q. foil are getting to be right much of an expert as to names and votes 
and qualifications for voters in Rowan County?—A. I don’t know that I am. 

Q. \ou saj that you have done a good deal of investigating around here 
and making inquiry, and such like?—A. That would not be saving I am an 
expert. 

Q. Do you think, with all your expert knowledge, you would be able in 
the next 80 <lays or 8 months, to get up a correct* statement, and show 
in that statement the numlier of qualified votes cast in each precinct in Rowan 
County, and the number of qualified voters who voted for Mr. Doughton, and 
likewise the number of qualified voters who voted for Dr. Campbell, and shov,- 

the exact number of legal votes that each candidate would be entitled to?_A. 

I don’t think anybody could j)ossibly do that. You would be surprised at the 
number of shop peoph' and other people who have moved away. 

Q. It would be an inqjossibility, would it not. to get a correct statement?_ 

A. Why, yes. People are leaving so fast since the shops closed down. 

Q. There are numbers of names you have sworn about, the names of men 

who live here in this county, who could have come here and testified in nerson’_ 

A. Well, yes. 

(}. You haven’t had any subpmnas issued for a number of them?—A. Those 
that are here are all working, except those I got during the dinner hour' 
Some may be here yet. 

Q. Practically all your testimony, in both of these hearings and each time 
you have been on the stand, is based on hearsay investigation?—A. I gave my 
authority; he told me. 

(). But it is based on hearsay information?—A. I won’t say that. Where I 
got it direct I said so and who told me. 

Q. You didn’t get but very little of it from the records?—A. Oh, yes; J went 
there to find who were registered, etc., and where they lived. 

(^. You got most of your information by talking to other people?—A. Most 
of it from these tax receipts and affidavits. A good many people directed me 
where to go to find these people. 

ii. Didn’t you testify about more people that did not send receipts up here 
than you did those that sent receipts?—A. Well, I don’t know about that. 

Q. Since dinner, since you have been on the stand, you testified to 8 or 10 
people whose receii)ts you didn’t have and only 8 people whose receipts you 
did have?—A. T told you I ran upon those iTeo])le and found out where some 
of them were, but as a rule 1 generally got an affidavit or brought the tax: 
receipt. 

Q. Is this your farewell testimony in this hearing?—A. 1 hope so. 


57695—21 


79 


t 



1250 


CAMPBELL VS. DOUGHTON. 


Redirect examination by Mr, Waggonek: 

Q. Mr. Bean, B. S. Garrett was challenged for nonpayment of poll tax for 
1919 by IMr. Doiighton. I hand you aflidavit sworn to by Mr. Garrett and 
ask you to state wlien it shows that he became 21?—A. August 11, 1920. 

Q. That is, in Spencer precinct?—A. Yes, sir. 

Mr. W. K. SPAKE, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Waggoner: 

Q. You were challenged by Mr. Doughton for the nonpayment of your poll 
tax for the year 1919. Just state, if you please, when you became 21 years 
old.—A. I was 21 years old August 10, 1919. 

Q. You voted in the last election, in November, 1920?—A. Yes, sir. 

Q. At Spencer?—A. Yes, sir. 

Mr. H. A. SWAIN, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Waggoner : 

Q. Y"ou were challenged by Mr. Doughton for the nonpayment of your poll 
tax for the vear 1919. Just state, if you please, when you became 21?—A. 
1920. 

Q. What month?—A. April 16. 

Q. You voted in the election in November, 1920?—A. Yes, sir. 

Q. At Spencer?—A. Yes, sir, 

(It appearing to the contestee that II. H. Beck and Calvin Smith, challenged 
by the contestee for nonpayment of poll tax, have paid their poll tax prior 
to May 1, 1920, and that L. H. Watson, also challenged for nonpayment of poll 
tax, became 21 years of age after May 1, 1919, and is therefore not liable to 
poll tax in order to (pialify him to vote in the election of November, 1920, the 
contestee desires to withdraw the challenges as to the above-named three 
voters,) 

Mr. .1. D. IJOE, a witness introduced by the contestant, being first duly 
sworn, testified as follows: 

Direct examination by Mr. Waggoner: 

Q. Mr. I..ee, you have made an examination of the registration books and 
the poll books as to a number of persons in Rowan County?—A. Yes, sir, 

Q. I ask you to state what the examination you made discloses. 

IMr. Carlton. The contestee, through his counsel, objects to the witness 
answering this (piestion for the reason that it is new matter and that the 
evidence should have been introduced and should have been tendered at the 
first hearing of the contestant in order that the contestee might have had an 
opportunity to investigate and rebut with evidence any possible damaging 
testimony which may be given by this witness. The contestee further objects 
for the reason that this witness is not a resident of Rowan County, is not and 
never has been an (dection official of Rowan County, and that any evidence 
given by him can be nothing but hearsay evidence and incompetent and full 
of his own ))ersonal opinion and possible i)rejudices. The contestee further 
objects on the ground that if the contestant wishes to offer any testimony as 
to the registration books or poll books in Rowan County the books themselves 
constitute the best evidence ami should be produced or their absence accounted 
for before any evidenc(‘ of their contents can be offered. 

Q. Mr. Lee, did you try to get the evidence that I have just asked you about 
prior to the hearing here held by Dr. Campbell, the contestant? If so, were you 
refused by the custodian of the books and records at the time?—A, Yes. We 
asked for the books before we—some time before Dr. Campbell had his hearing 
here, and Mr. Barker said, the register of deeds said, he did not know what he 
could do about it before he consulted his lawyer, and we waited a while to get 
possession and he finally told us in Dr. Campbell’s presence that he could make 
us a copy or allow us to look at them, but we were not allowed to copy them, 

Q. He would not allow you to copy them?—A. He said he was allowed to copy 
them for us for pay, but that he could not allow us to copy them, and we went 
ahead and copied some absentee certificates and he objected to that, and we 
copied a few of them and stopped. 


CAMPBELT. VS. DOUGHTON. 1251 


Q. Now, then, Mr. Lee, go ahead and state what your examination disclosed.— 

A. I could state it better if you will give me those- s 

Q. I hand you here a list of names and ask you just to state what your 
information is, having obtained such information from the records? Where 
did you get those names?—A. I took those names from the poll book in the 
register of deed’s office and compared them with the registration books, and 
I found that these names are the ones that appear on the poll books as having 
voted in the November election, 1920, the books now in the register of deed’s 
office, and not on the registration books of any that I could find of any date 
back up until 1920: Spencer precinct—Miss Helen Dorton, P. Lynn Cruse, Miss 
Kate Coddell, Mrs. D. P. Keever, Mrs. J. A. Hutchins, Miss Clyster Holt, Miss 
Maggie E. Withers, Mrs. D. C. Owen, Mrs. P. J. Lisk, R. A. Cowan, Mrs. J. P. 
Lynch, Mrs. O. F. Wolfe, Mrs. L. D. Perkins, Mrs. J. R. Prettyman, Mrs. R. J. 
Misenheimer, Mrs. C. H. Voncannon, Mrs. J. W. Perkinson, Mrs. C. W. McCorn, 
Mrs. W. H. Hatley, Mrs. .T. INI. Steadman (the poll books show she voted twice, 
No. 430 and 431, on the registration book only once), Mrs. S. M. Smith, Mrs. 
Henry Cauble, :Miss Hazel Burges, Mrs. P. S. Whetmore, Mrs. S. A. Huffine, 
Mrs. J. A. Brittain, Mrs. T. M. Brooks, Mrs. Payton Jones, Mrs. Mary Cox, 
Mrs. Charity K. Kester, Miss Clara Cahill, Mrs. E. M. Webber; now, that is in 
Spencer. South ward, Salisbury—Mrs. Nix, Mrs. J. M. Littleton, Mrs. R. A. 
Green, Mrs. Charles McCandless, Mrs. Polar IMcCandless, Mrs. J. D. Hagan, 
Mrs. L. E. INIiller, Mrs. Floyd Owens, Mrs. E. Cruse, Mrs. J. H. Pickier, Mrs. 
A. S. Johnson, Mrs. S. D. Cauble, Mrs. M. E. Julian, IMrs. Claude Clodfeller, 
Mrs. Harry Lemley, Mrs H. L. Plaster, Mrs. Thomas Dean, Mrs. R. E. Styres, 
Mrs. J. S. Phelts, Mrs. J. A. Rusher, Mrs. J. A. Murphy, Mrs. H. C. Trexler, 
Mrs. C. L. Cox, Mrs. S. Y. Probst, Mrs. L. A. Bradwell, Mrs. H. S. Livingood, 
Mrs. J. W. Ridenoutts, Mrs. A. A. McConnaughey, Mrs. A. P. Flartline. North 
ward, Salisbury—Mrs. F. P. Piree, Mrs. C. C. Brown, iNlrs. T. H. Harris, Mrs. 
T. A. Hall, Mrs. T. C. Lynn, Mrs. L. M. Bridges, Mrs. W. R. McCray, Mrs. E. L. 

Woodrum, Mrs. H. M. Woodson, Mrs. E. L. Church, Mrs. O. M. Mc-Call- 

Mr. Woodson. Where did you get that list? 

Mr. Lee. Copied it from the poll books in the register of deed’s office. 

Mr. Carlton. Did you also state in the first part of your testimony that these 
names did not appear on the registration books? 

Mr. Lee. Yes; I could not find them. These are names that appear as having 
voted but not on the registration books. 

A. (Continuing.) Mrs. R. A. Kincaid, Mrs. R. R. Poole, Mrs. C. S. Lentz, 
Mrs. M. S. Hill, Mrs. J. C Hutchenson, Mrs. W. D. Miller, Mrs. D. L. Brown, 
Mrs. J. H. Goodman, Mrs. Griffin, INIrs. J. H. Barber, j\Irs. P. S. Cauble, Mrs. 
Trent Ragland, Mrs. E. B. Brady, Mrs. W. B. Harris, Mrs. Thomas Love, Mrs. 
.Toe W. Kesler, Mrs. R. S. Latta, Mrs. H. W. Peterson, Mrs. John M. Robinson, 
Mrs. H. W. Peterson (registered twice; I am not sure, there might be a mistake 
about that; I think she voted twice; all the others do not appear on the regis¬ 
tration books, but this name appears registered twice; that may be a mistake; 
I have got it written down here registered twice; it may be that she voted 
twice). West ward, Salisbury—Mrs. F. F. Harris, iMrs. F. F. Harris, Mrs. 
Charley File- 

Mr. Waggoner. Do you have Mrs. Harris there twice? Does it appear that 
she voted twice? 

I\Tr. Lee. Twice on the poll book. This is the poll-book list; that does not 
show on the registration book. 

A. (Continuing.) Mrs. E. W. Burt, Mrs. R. Walker, Mrs. A. C. Parker, Mrs. 
R. Lee Wright, Mrs. H. L. Duvall, Mrs. J. R. Nicholson, Mrs. W. T. Burk, Mrs. 
J. H. Foust, IMrs. Samuel Purcell, Mrs. R. T. Curd, Mrs. J. G. Crowder, Mrs. 
Henry Kirk, Mrs. S. A. Thompson, Mrs. W. H. Groves, Mrs. A. A. Safrit, Mrs. M. 
Brandon, Mrs. M. L. Helius, Mrs. William Rutler, Mrs. T. M. Mashburn, Mrs. P. E. 
Lewis, Mrs. W. H. Allbright, Mrs. T. J. Mauphin, Mrs. J. D. Ervin, Mrs. W. H. 
Neaave, Mrs. W. H. Harris, Mrs. J. B. Lingle, Mrs. C. D. Helm, Mrs. W. S. Overton, 
IMrs. W. E. Beaver, IMrs. John Wright, Mrs. B. G. Clark, Mrs. G. B. Mill, Mrs. L. H. 
Brown, Mrs. J. A. I.eap, IMrs. John W. Hartman, Mrs. J. R. Prince, Mrs. F. F. 
Sinitii.’ East ward, Salisbury—Mrs. George H. Shaver, Mrs. J. M. Leslie, Mrs. 
H. F. Charles, Mrs. C. H. Brindle, Mrs. J. M. Mehaley, Mrs. A. J. Cain, Mrs. 
AY. H. Crowder, :Mrs. Alonzo Raine, Mrs. Thomas IMurphy, Mrs. C A. Suratt, 
IMrs J AV. Lyerly, Mrs. H. A. Barnhardt, Mrs. R. S. Isenhower, Mrs. AV. S. Frost, 
Mrs. A. A. Sawyer, Mrs. C. AV. Crowell, IMrs. R. L. Cauble, Mrs. J. T. Trexler, 
Mrs. B. T. Roseman, Mrs. G. F Moorefield, Mrs L. F. Moorefield, Mrs. R. E. 
Edmondson, Mrs. L. L. Keith, Mrs. AV. B. Thompson, IMrs. E. T. Harviel, Mrs. 





1252 


CAMPBELL VS. DOUGHTON. 


E. E. Lassiter, Mrs. W. B. Frazier, Mrs. W. P. Ayer, Mrs. R. R. Wilson, Mrs. 
J. R. Klutz, Mrs. M. V. Van Poole, Mrs. D. R. Efird. West ward, Salisbnry 
(these are men, not registered and on the poll book)—E. D. Russell, E. D. 
Harts, J. D. Smith, J. R. Riley, R. P. Finnill, F. F. Harris, P. S. Misenheimer, 

A. J. Hartman, G. F. Safrit, D. G. Safrit, C. P. Gardner, A. E. Wiley, C. V. 
.Tones, J. H. Butler, R. F. Yancey, N. R. Goodman, B. C. Thomas, T. B. Hanes, 
E. PI. Patterson, W. H. Crawford, J. S. Hartman, Mrs. Frieda Gardner, G. E. 
Safrit (appears as having voted twice), James Hambley, Philip Eames, James 
Prince. 

Q. Look at the list I hand you.—A. Here are some more names I did not 
read: North ward, poll-book voters that do not appear on the registration 
book—B. F. Sheets. G. A. P^loyd, G. H. Wetmore, M. J. Long, J. B. Floyd, P. N. 
Cornelison, J. H. Wilkinson. J. H. Herion, H. A. Farringer, Douglas Collins, 

B. S. Boylan, George G. Fleming, C. D. Hodgkin, J. H. Fisher, J. L. Fuller, 

E. V. Plverhardt, M. H. IVIilne, E. B. Arey, C. A. Ivester, R D Corsan, E. M. 

Goodman, B. H. Morris, .T. D. Price, C. F. Carter, B. D. Wood, Charles Parker, 
A. A. Weant, J. W. Ragland, J. P. Lentz, E. M. Russel, S. B. Rieblin, E. L. 
Davis, L. A. Stirewalt, George M. Wilson, H. F. Grubb, J. H. Stelling, R. S. 
Wood, C. C. Galvin, J. H. Burnhardt, C. C, Beaver, T. R. Guthrie, J. W. Brawley, 
W. M. Davis, Grover Hartman. Landis precinct (voted, not registered)—M. E. 
Bowles, Lonnie Bowles, C. E, Collins, W. S. Watscm, G. F. Rickard, Charles 
Rogers, W. C. McConnell. East ward, Salisbury (men)—Frank Yarbrough, 
R. L. Strannahan, J, D. Trexler, J. C, Murdock, A. D. Barnes, J. B, McPeters, 

D. A. Klutz, A, S. INIorgan, L. A. Shuman, J. W. Miller, K. A. Lentz, Z. Z. 

Russell, Fannie Hunter, .Julian E. Kesler, D. C. Trexler. 

Q. Mr. Lee, now, if the persons whose names you have just called are regis¬ 
tered, they are not registered under the names as it appears on the poll books?— 
A. I couldn’t find it that way. 

Q. And you examined the poll books in the office of the register of <le(Ms, the 
proper custodian of the records?—A, Yes; 1 examined them in Mr. Barker’s 
office. 

Q. You examined the bo(dvs from a number of years back, uj) to and including 
the 1920 registration books?—A. Yes; I examined the names of the men as 
far ba(‘k as the books showed. T only examined tlie women for 1920. I 
checked them off the poll book and then went back and checked them over 
again on the registration book. 

Cross-examination by ]\Ir. Carlton : 

(). You live in Stanly County. Mr. T^e?—A. Yes, sir. 

Q. You are Dr. Campbell’s manager, I believe?—A. AVell, T was appointed 
here at a mass meeting of the Republicans to canvass the district for evidence, 
at the beginning of the contest. They asked me to do it. Dr. Campbell did not 
ask me to do it. 

Q. So, you are looking after this contest for the Republicans?—A. Yes; I am 
doing what 1 ean for them. I think they need it, 

Q. Why didn’t you get this information and give us the benefit of it at your 
first heai-ing?—A. AA^e did not have time. T went in there one da.v- 

Q. Are you willing to give us time now to answer this matter that you are 
bringing up?—A. I don’t think I have authority to say whether you shall have 
time or not. 

Q. Do you think it is right to spring on us at the last hour of the last day 
a lot of new stuff that we can not answer by reason of shortness of time?—A. 
Haven’t you got tlu' jr)!! books and registration books you can submit to Con¬ 
gress ? 

Q. Don’t you know this closes the hearing, the record is closed when you ' 
close your last day’s hearing?—A. I think it is. 

Q. A^ou know we can not get this record before-A. T tliink Dr. Campbell 

is going to ask for these books to be impounded and sent to AAbishington. 

Q. AAJll .vou. as Dr. Campbell’s manager, agree for us now to get the truth 
of this niatter and show it here before this hearing closes in order to get it in 
the records?—A. So far as T am concerned, T am willing. 

Q. AVill your contestant agree to it. through his counsel?—A. The books show 
for themselves. , 

Q. Aou are willing, so far as you are concerned?^—A. 1 am willing to answer 
any (|uestions you ask me off of that book. 

Q. AA’e are doing that just as fast as we can, Aftei' examining them honestly, 
are you willing to stay here until we can check these lists and find out whether 



CAMPBELI. VS. DOUGHTON. 


1258 


or not these women are registered whose names yon say are not on the regis¬ 
tration book?—A.- I don't think I eonld make that contract. T am willing to 
answer any question and do the l)est T can to tell yon, but I don't know what 
time it would take to do that. 

Q. Yon are willing to give your time to check over these records and see 
whether or not the names on the poll hooks are on the registration books?—A. 
I am not spokesman in this thing. Ask the connsel. 

Q. How long did it take yon to get this information here that yon have testi¬ 
fied to?—A. Why, I think it took me right abont a day. 

Q. How many assistants did yon have?—A, Mr. .1. D, Dorsett helped me some. 

Q. Didn’t yon have these names all wrtten out by some one else before yon 
came here?—A. No; I wrote those names ont and had them typewritten l)y 
IMrs. Dorsett last night. 

Q. Did .von copy those names off the poll book yourself?—A. Yes, sir. 

Q. Who examined the registration Imoks with yon to tell yon whether or not 
the names were on the registration book?—A. I examined the registration 
books myself. Didn’t anybody examine with me. Mr. Dorsett read the names 
off of the poll book and I examined the registration book myself. 

Q. There is nothing wrong with yonr eyes, is there?—A. Well, sometimes they 
are a little dim. but I caii see pretty straight. 

Q. Did you have iNIr. Dorsett present when yon went over this list from 
Spencer?—A. 1 checked over that list from Spencer on the Spencer book this 
morning. 

Q. Was Mr. Dorsett present—A. 1 think he was. 

Q. Did yon ask him \yhen yon started on this list to go over the reg'stration 
list with yon, so yon would not make any nrstakes?—A. No, sir: he read the 
names from the iist of persons voting and asked me to look them up. I loolo'd 
them ip) and asked hijii to read the names to me. 

Q. Tliis is the rc'gistration book from Spencer, isn’t it’?—A. Let’s see if it is 
the one 1 have, iMr. Carlton. I think this is the same thing T used. 

Q. Examine it and sat'sfy yourself that it is the same book from which yon 
were testify'ng a few moments ago.—A. I think it is the same hook. 

i). The tirst name yon gave as appearing on the poll book and not on the 
registration book is Miss Helen Dorton? 

(The contestee objects to the introduction of any books, records of any sort, 
pertaiir’ng to the November election which had not been identified as being the 
book wh'ch it pni*ports to be by the proper custodian of such record.) 

]\rr. CAimTox. Yonr own witness has identified this as the book from which 
he got his testimony. 

Q. Turn to the H’s.—A. 1 am not going to turn to that. 

Q. Do you refn.se to look through the H’s there for the name of Helen Dor- 
ton?—A. Yon can look f(u- it, and I will tell yon whether or not it is on there 
if yon will show it to me. Yon can do yonr own looking. 

Q. All right; you have started into this thing now, and I suppose there is no 
other way to go through with it. The first name on yonr list is Miss Helen 
Dorton. 'l ask yon if the name of INIiss H. F. Dorton. aged 21, does mh appear 
on the registration book?—A. Yes; it does. 

(}. I ask yon if Miss H. F. Dorton is not the same as Miss Helen Dorton?— 


A. 1 couldn’t tell yon that. 

Q. Did yon make any imiuiry to find ont if it is the same person?—A. I 
certainly did not. 

Q. And yon won’t swear it is not the same person?—A. No, sir; I am go ng 
bv the records. I copied my name from the record, and I knoyv nothhig abont 
who Miss Helen Dorton is. 

ii. Did yon ask Mr. Dorsett who IMiss H. F. Dorton is?—A. I did not. 

() And yon made no effort wdiatever to find ont? A. I did not. It was all I 
could do to get them, and then I didn’t get through. There are a whole lot 
more on there yet. We did not find Mrs. Mary C. somebody, and she voted as 
Mrs Mary, and I told them it looked like the same person, and we didn’t chal- 
h'lige hermit all. I noticed here this morning you split hairs on spelling names. 

(). The next name is P. Lynn Cruse'?—A. Yes, sir. 

Q. I ask .yon if the name Lynn Cruse, aged 23, does not appear on the i egis- 
tration book for Spencer i)recinct?—A. It seems to be on there. 

Q. Did yon ask Mr. Dorsett if Lynn Cruse is the same name as P. Lynn 


Cruse?—A. No, sir. t 

Q. Yon made no effort to identify Mr. P. Lynn Cruse and Mr. Lynn Cruse as 

the same person?—A. No, sir. 


1254 


CAMPBELL VS. DOUGHTON. 


Q. The third name is JMiss Kate Coddell. I ask you if the second name on 
this registration hook from the toj) is not iMiss Kate (’oddell?—A. It is. 

Q. liid yon look over this registration hookV—A. I tliink that .s the same 

book I have. Is that the one I testified toV 

Q. It is. Von failed to get Miss Kate Coddell’s name?—A. That seems to be 

an error. 

Q. Her name is registered?—A. Yes, sir. 

Q. You are mistaken about her name?—A. Yes. You ma.v find some mis¬ 
takes. 

Q. Read the last name on that page, Mr. Lee [hands witness book].—A. You 
read it. 

Q. Mrs. Mary C. Keever; 59 years of age; registered 1920. I ask you if her 
name isn’t on the book?—A. Y'es, sir. 

Q. I ask you if you don’t know that that is tJie wife of Engineer D. P. 
Keever?—A. I certainly don’t. 

Q. Did you ask Mr. Dorsett if she was the wife of Mr. I). P. Keever?—A. No, 
sir; I didn’t. 

Q. Did you ask anybody?—A. No, sir. 

Q. You saw her name on there?—A. I saw Mrs. Mai’y C. Keever. 

Q. And you want to leave the impression here that this Mi-s. Keever voted 
without having her name on the registration ])Ook?—A. I have nothing'to do 
with that. I checked the registration book and am giving these names that 
do not appear on the registration book. IMy puri)ose is to show irregularities in 
the registration and poll books. It is not my purpo.se to disfranchise anybody. 
We have been working here on irregularities, as you understand. That is what 
I am trying to show. 

Q. The next name on your list is Mrs. .1. A. Hutchins. I ask you if the 
name of Mrs. Carrie Hutchins, aged 27, does not appear on the registration 
book?—A. I'es; it does. 

Q. Did you make any inquiry to find out the name of Mrs. J. A. Hutchins?— 
A. I did not make any inquiry about any of these. It was not my purpose to 
inquire about them. It was my purpose to check the record. 

Q. So far as you know, Mrs. J. A. Plutchins may be Mrs. Carrie Hutcliins?— 
A. Certainly, she may be. I just checked your registration book with your jx)!! 
book. 

Q. The next name on your list is IVIiss Glista Holt?—A. Yes, sir. 

Q. I ask you if the name of Miss F. G. Holt, aged 24. does not appear on your 
registration book?—A. Yes. 

Q, You don’t know Miss Holt?—A. No; I don’t know INIi.ss Holt. I cei‘tainl.Y 
do not. 

Q. Did you make any inquiry to find out if Miss F. G. Holt is the same as 
Miss Glista Holt?-—^A. No, sir. 

Q. The next name on your list is Miss Maggie E. Withers?—A. Yes, sir. 

Q. I ask you if Miss Margaret Withers is not the first name at the top of this 
page?—A. Yes, sir. 

Q. She is registered on the registration book of Spencer?—A. Yes; INIiss ^lar- 
garet Withers. 

Q. Aged 24?—A. Yes, sir. 

Q. You don’t know Miss Withers?—A. No, sir. 

Q. Did you ask anybody if IMaggie E. and Margaret Withei's is the same 
gild?—A. No, sir; I didn’t ask anything about any of them. 

Q. The next is Mrs. D. C. Owens that you have on your list?—Yes, sir. 

Q. Did you ask anybody her given name?—A. No, sir; I didn’t ask anything 
about her. 

Q. You don’t know her?—A. No, sir. 

(>. I ask you if IMrs. E. B. Owens, aged 30, is not registered?—A. Yes, sir; 
appears to be. 

Q. You made no inquiry to find out who IVIrs. E. B. Owens is?—A. No, sir; I 
made no inquiries about any of these. 

Q. You don’t know whether Mrs. E. B. is the same as Mrs. D. C.?—A. No, 
sir. 

Q. The next name is ]\Irs. P. J. Lisk?—A. Yes, sir. 

Q. I ask you if Mrs. M. B. Lisk, aged 25, is not regist(u-ed on this book?—■ 
A. Yes, sir. 

Q. D() you know that Mrs. "SI. B. Lisk is the wife of P. J. Lisk?- A. No, 


CAMPBELL VS. DOUGHTON. 


1255 


Q. Did yon make any inquiry to find out whether or not iMrs. iNI. B. Lisk is 
the wife of P. .1. Lisk?—A. T did not. 

Q. So far as you know, this information that you hnve .siven me about the 
nine names above mentioned is the same kind of information that you can jtive 
about the entire list that you present?—A. Weil, now, just state what you 
cover in that “ information.” 

Q. I can’t repeat all you have said.—A. Practically the same thins I think 
will hold true. I will answer you in the same way that I have. I will testify 
to any names that you ask me about. 

Q. You don’t know any of these parties, personally?—A. I don’t think I do. 

Q. Did you confer with anybody in Spencer as to the identity of these per¬ 
sons whose names you have siven here from Spencer?—A. Not a word. 

Q. Did yon confer with anybody in the east ward about the names that you 
gave from that ward?—A. Not with anybody in town concerning any of the 
names that I have given. 

Q. The only thing that you have done is to check off the names on the 

poll hook-A. I checked them off of the registration hook and put them 

down where I didn’t find them on the registration book. 

Q. You will not undertake to swear that these voters here whose names 
appear on the poll hook, and whose names you have furnislied, do not have 
their names on the registratioii hook?—A. No, sir; I would not swear they 
are not on the registration hook, 

Q. I think yon are satisfied that these nine ai’e on the registration hook 
now?—A. No, sir: I could not say that, sir. I don’t know that they are. 

Q. Now. yon would not know those people and know they ai’e registered 
under different names?—A. No, sir. From the examination of this hook- 

Q. All these are registered?—A. I couldn’t swear that; it might he. 

Q. You do know that Miss Krte Doddle’s name appears on the hook?—-A. T 
acknowledged that. You can strike that out as a mistake. 

Q. Why didn’t you suggest to Dr. Campbell that he call on somebody who 
lived in these different wards to testify as to this information?—A, I was 
looking strictly for iri-eguhirities in voting and registration. I d’dn’t want 
any information about anything else. I just simply wanted to see how you 
voted her(' and*if your poll hoojc and registration hook corresponded. Now, 
I held the election in my precinct and the point I think you are striking at, 
they might he registered under some different name, hut we voted all of ours 
in the same name as i*egistered in order not to have irregularities. 

Q. It would take time to do that?—A. We had the register to call them out. 
It is the poll holder’s duty to copy absolutely the name as it appeared on the 
registration hook. Yon have no right to vote them under any other name. 

Q. As a matter of fact, the fellow that keeps the poll hook doesn’t always 
copy the same name as it is given on the registration hook?—A. He should 
do it, and if he doesn’t it is liable to cause trouble. 

Q. Wherever it can he shown it is the same person you would not try to 
deprive him of a vote?^—A. No, sir; I would not deprive anybody who is en¬ 
titled to vote. 

Q. You are a mariaed man?—A. No, sir; not quite. 

Q. According to your method of procedure here this afternoon, it would he 
quite possible for a woman to he registei-ed in the name of her husband, with 
his giv(Mi name, and vote in her own given name?—A. I think so. 

Q. And if this list here should he disfranchised for that discrepancy, it would 
he possible for a large number of married women whose names appear one way 
on the poll hook and another way on the re.gistiaition hook to he disfranchised, 
would it not?—A. I think if anybody should take that view of it and recognize 
one name on the poll hook and anotlier on the registration hook without regard 
to having things strictly tally, that yon could disfranchise voters that w^ere 
registered and entitled to vote, virtually hut not legally, on account of the 
discreT)ancy. 

(}. It is not your purpose to so disfranchise anybody?—A. No, sir. 

(). And if tliose women w^ere registered under one name and voted under an¬ 
other name, you don’t w^ant their votes lost?—A. No, sir. 

Q. If a married w'oman is registered under her givtm name and the man wdu) 
keeps the poll list at the voting ])recinct puts her mime dowm as ]\lrs., using 
the name of her husband, that would not disqualify her, would it?—A. I don’t 
know' how' they w'onld hold on that strictly, according to law'. 

Q. Well, you w'ould not hold, as a leader of this contest, that they would 
he disqualified?—A. Y’here things are carried out strictly to the letter, like 




1256 


CAMPBEU. VS. DOUOHTON. 


you all have cai'ried them out liere, and s])lit hairs, I think I should stick to the 
records. Trying to disfi’anchise a man because his name M’as misspelt? 

Q. Would you disfranchise Mrs. D. P. Keever because her name appears on 

the poll hook as Mrs. D. P. Keever and on the rejtistration hook as ]\Irs. Mary 

C. Keever. even thought you know her to he the very same person?—A. I would 
not want t<i disfranchise anybody that was entitled to vote, hut I am in doubt 
Avhether she is entitled to vote under this mistake. I don’t prefer to di.s- 
franchise anylxxly. I have a kindly feeling toward allowing everybody their 
rightful privileges, Init if it is a technicality under which Congress disfranchises 
anybody, it is all right with me. It is simply aii irregularity. 

Q. If you were the .judge in this contest, and if you were to tiiid, as we have 
already found here in a number of cases, that these names appear on the poll 
hook as being the names of the same persons who appear on the registration 
book, under different names, would you count those notes as legal or illegal 
votes?—A. I think T would follow out strictly the letter of the law in these 
contests in this case. 

Q. You haven’t answered my question.—A. That is the best T can answer it. 

Q. Would you allow these votes to be counted, or thi-ow them out?—A. I 
don’t know what I would do until I saw the whole testimony and knew the 
law full well as to regulating irregularities in registration. I am not here to 
tell how I feel about it. T am not trying this case. 

Q. I .just want to get your feeling in the matter.—A. I thiidc T slumld try 

it strictly, and if they were entitled to be thrown out on irregularities like 
this. I would throw them out. 

Q. So then your answer is that even though these large numbers of married 
women hei*e. whose names api)ear on the registration book under one name and 
on the poll book under another book, you would throw their vote out?—A. I am 
not responsible for that mistake, and if I was trying it strictly on the law, I 
would follow the law and throw them out. I would not have a matter of 
sentiment in it. I would follow the law strictly. 

Q. These other lists you prepared were prepared in the same manner as 
you prepared the list for Spencer ]irecinct?—A. The same manner. 

Q. And the information you got about the names you have given us from 
the other Avai’ds was secui’ed in the same wa.v?—A. The same way. 

Q. You don’t know whether any of the parties in any of these wards whose 
names ai)pear on the poll books are registered by some other name on the 
registration books in their respective precincts?—A. No, sir. 

O. You would not say, would you, Mr. Lee. that they are all not registered 
under some other name?—A. I would not say they are registered under other 
names. 

Q. That may be the case in all these names.—A. It is possible. If yon 
had time and some expert witness to go around and lind out. I only looked 
for irregularities in the registration and poll books. I didn’t undertake to 
find out. 

Q. You know, as a matter of fact, Mr. Lee, that a large number of men voters 
throughout the district paid their poll tax in one name and voted in another 
name?—A. I couldn’t say that I know that. 

Q. Did you haA'e that same thing to happen in Stanley County?—A. I have 
heard that that happened, but I don’t know of a concrete case where it 
happened. 

Q. Haven’t you heard of a number of cases where they were challenged by 
Dr. Campbell or by Mr. Doughton?—A. I don’t know which way the facts were. 

Q. You know they wei-e challenged and that the jxdl-tax receipts show 
one way and the poll list shows another?—A. I don’t doubt that is true at 
all. but I don’t know that I i)aid any particular attention to any such an investi¬ 
gation here in this court or anywhere else. 

Q. That could have happened?—A. I think that is possibly true under the 
laws that apply. I know you will find people registered under different names. 
I think that I know it, but I am not positive. They I'egister sometimes under 
one name and pay their taxes under another. 

Mr. ('^AUT/roN. Madam Commissioner, on behalf of the contestee we now move 
the court to strike from this record the entire testimony offered by the witness, 
.1. D. Lee, for the reason that this hearing is solely for the purpose of rebuttal 
and that the testimony of this witness has been about an entirely new matter 
disconnected and disassociated from any evidence heretofore offered in the 
hearing by the cont('stee. 1 would like to have a ruling of the court. 

fUi)on this motion the commissioner declines to rule and most respectfully 
]-efei-s the matter to Congress.) 


CAMPBELL VS. DOUGHTON. 


1257 


Mr. Waggoner. In answer to the above the contestant, throiigli his attorney, 
says that the evidence above referred to is introduced as a class of evidence in 
rebuttal to evidence offered l)y the contestee of tlie same sort, nature, and kiml. 

Mr. Woodson. The contestee states for the record that the list of names just 
testified to l)y .T. D. T.ee, a resident of another county, and not familiar with 
the i^eople of Salisbury, Si)encer, and Rowan Counties, are all duly rej>istered 
and le}j:ally (lualitied voters, and that most of them reprci^eut women voters 
whose names appear on the registration books in their given names and appear 
on the poll books in the given names or initials of their husbands with the 
prefix of “ IMrs.” ; for instance, INIrs. IMary O. Keever appears on the registration 
books as Mrs. IMary C. Keever, but on the poll book as IMrs. I). l\ Keever. 

The contestee further states that the above lists, being the testimony of 
J. D. Lee, were not introduced until late in the afternoon of the last day of 
the contestant’s hearing, in which, under the rules, only rebuttal testimony 
was admissible, and after contestee's time for reply of offering any testimony 
whatever had expired. At this point contestee tenders the register of deeds 
of Spencer and the four wards of the city of Salisbury to the contestant as 
witnesses for the purposes of showing that every i)erson testified to by J. D. 
Lee was a duly registered and (pialified voter in their respective precincts in 
the last general election. 

The contestee also tenders the registration books and the poll books to the 
contestant for the purpose of showing that the lists offered by J. D. Lee, and 
testified to by him, represent duly qualified and registered voters in their 
respective precincts and wards. 

Mr. Waggoner. In answer to the above, the contestant, through his attorney, 
says that he and his associates, in the preparation of evidence in this case, 
were refused the o])portunity of making a copy of the registration and poll 
books in the county of Rowan by the custodian of said books and records, and, 
therefore, he was unable to introduce said evidence at his former hearing. 

The contestant hereby accepts the registration and poll books tendered by 
the contestee and hereby asks that the registration and poll books for Spencer 
precinct and for the four wards of the city of Sai:sl)ury be made a part of the 
record and marked as “ Plxhibit A-1.” 

The contestant further says that lie can not accept the offer l)y the contestee 
to introduce the register of deeds of the above-named precinct, for the reason 
that the contestee has had his day in court, and for the further reason that the 
registers of deeds are friends, partisans, and adherents of the contestee. 

The contestant further asks that the registration and poll books (if the coun¬ 
ties of Galdwell and Stanly be treated as in the record and subject to the call 
of the H(uise Committee on Pllections in charge of this case. 

Mr. Woodson. The contestee r(^plies to the above and says that he has never 
had a copy of the registration and poll books of Rowan County : that he is 
not th(‘ custod'an of said books and. so far as the contestee knows, contestant 
has had the same access to and privilege with said books as contestee. 

Contestee further states that the tender of said books was for the purpose of 
permitting the witness of contestant, J. D. L(-e, and the register of deeds to 
examine said books and testify in this hearing as to what they.(hsclosed as to 
the right to vote of the list of names offered by .said J. 1>. Lee, said contest¬ 


ant’s witness. ... 

Contestee says that he is not the custodian of .said books, but has no ob.iection 
on his part to' the books, or a certified copy thereof, being used in any legal 

wav in this contest. . 

Mr WAG(iONKR. The contestant,' through IPs attorney, rejoins by saying that 
the registration and ]ioll books above referivd to were tendered to the con¬ 
testant and that same were accepted and made a part of the record and 
marked “ Plxhibit A-1 and that IMax L. Barker, custodian of said records, 
who was sub))OMiaed duces tecum to produce said records in th’S (*ourt, de¬ 
liberately and agauist tlie protests of the contestant and against the iirotests 
of the c()urt, carri(^d said records away and refused to allow them to be us(mI 

as a part of the re<*ord. . , 

Mr Woodson The contestee replies and says that the poll books and regis- 
trafon books were not tendered for the purriose of being made a part of the 
la'cord as contestee is not the custodian of said books and they were mfi in 
his hands, but that said liooks were in the court room at the hearing and 
tendered to contestant for the purpose of introduchig .said books, together with 
the register of deeds, to show that the lists of names t(\stified to by .1. 1>. Lee 
was du’lv registered and legally qualifii^d voters of the respective precincts. 


1258 


CAMPBELL VS. DOUGHTON. 


The contestee further states that, as he is informed and believes, Max L. 
Barker is the registrar of deeds for Rowan County, N. C., and is the proper 
custodian of the poll and registration books that were offered at the hearing, 
and contestee further states that said hooks were brought into court and to this 
hearing by permission from Max L. Barker, register of deeds, the said Barker 
stating, at the time, that said books might remain at said hearing until the 
time for closing his office and locking his vaults, where all the records in his 
custody are kept. 

The contestee has no right to take said books from the custody of said 
register of deeds, and he tendered them to contestant and offered them for evi¬ 
dence in this hearing on this day; and contestee had no authority and no in¬ 
tention of being a party to permitting said books to go farther than this open 
hearing. 

Contestee states that the testimony of J. D. Lee discloses the fact that con¬ 
testant has had free and unlimited access to, and use of, both registration and 
poll books of the various precincts of Rowan County. 

Mr. Waggonee. The contestant, through his attorney, hereby again offers in 
evidence tax receipts, which are herewith tendered, and asks that they be made 
a part of the record and be marked as “ Exhibit B-1.” 

Mr. Woodson. The contestee objects to any tax receipts except as are identi¬ 
fied by the evidence heretofore given in this case and assumes that the receipts 
now offered and referred to are the only genuine tax receipts that the contestant 
has introduced. 

Mr. Waggoner. The contestant, through his attorney, now submits all the 
evidence and exhibits introduced and closes his case. 

The hearing in the above matter opened at 11 o’clock a. m., in the county 
courthouse, city of Statesville, May 4, 1921, before J. A. Stewart, notary and 
commissioner. Present: On behalf of the contestant, J. J. Britt and P. P. 
Dulin ; for the contestee, W. D. Turner and Lewis & Lewis ; ]Mrs. .Tohn H. Bolton, 
reporter. 

Mr. J. T. CASHER testified as follows: 

Direct examination by IMr. P. P. Dulin : 

Q. I hand you here a book and ask you to call the names that are indicated 
there and also designate their politics, if you know it? 

(The contestee, R. L. Doughton, objects to the witness using the book or memo¬ 
randum from which to give any evidence^ for the reason it appears from the 
statement of the counsel that book was not prepared by the witness.) 

A. Janie Alexander- 

(The contestee, R. L. Doughton, objects to any new evidence in the matter 
under investigation and contends that this evidence must be confined to rebuttal 
to the evidence taken by the contestee.) 

A. (Continuing.) Janie Alexander, Fred Alexander, IM. IM. Alexander, Mrs. 
L. L. Alexander, Mi*s. L. A. Anderson, W. H. Bryen. A. R. Anderson. W. B. 
Blackwelder, ]\Irs. W. B. Blackweldor, Mrs. M. L. Brewer, INIrs. J. H. Chamber- 
lain, INIrs. J. W. Chamberlain, T. O. Christopher, I G. Christopher, INIrs. M. J. 
Cook, IMrs. IMattie Chester, J. D. Colvert, John Clark, E. E. Creedmore, J. O. 
Davidson, IMiss Bertha Deetz. E. E. Little, D. O. Lockman, IMrs. E. W. Esther, 
W. Ralph Eastep, M. E. Flemimr, W. E. Gabriel, S. H. Garrison, T. N. Gilleland, 
W. M. Hammerick, Mrs. J. F. Heiniger, H. H. Hester, Mary E. Henley, Mrs. .7. 

F. Forklm, S. J. Holland, Mrs. L. C. Idson, Mrs. Tom Kerr, IMrs. R. B. Kestler, 
Mittie Keller. C. H. Legett. IMrs. William Ledbetter, Gussie Lindsey, Mrs. M. Tj. 
Litaker, J. M. McKee, A. C. Nantz, IMrs. D. O. Lockman, Mrs. O. P. Liles, 
AVilliam Marshall, E. A. IMiller, A. B. Minish, P. E. IMornson, Herbert Morri¬ 
son, Racheal Morrison, Mrs. S. R. Morrison, Mrs. J. IM. IMorrow, Mrs. Janie 
Moore, R. G. IMoore, M. L. Moore, J. M. Moore, R. F. IMurdock, Mrs. J. P. Myers, 
IMrs. Everett IMcCombs, S. A. Rhyne, Mrs. J. H. Steele, IMrs. Thad Summers, C. 

G. Teague, Marvin L. Teague, Mrs. W. H. Wall, Mrs. R. F. West, T. Foy White, 
William Nantz, J. AV. Neighbors, H. B. Overcash, D. B. Overcash, Helen Paterson, 
Orah Phifer, J. G, Powell, Mrs. H. A. Poston, Mrs. S. A. Plyler, IMrs. M. E. 
Ramsey, Mrs. J. C. Rayle, Mrs. T. ,T. Reddick, J. AV. Reiner, AA^alter Ross, Mrs. 
A. Ross, Mrs. John C. Rouche, Martha Robertson. N. M. Sally, J. P. Sample, 
Pink Sherill, Miss Bell Sammons, Ben Scrouge, C, M. Steele, Mrs. Lee Williams. 

Q. Did you read over fhe names called by Mr. l>ui;n as he called them?—A. 
Yes. 

Q. State if the names he called for you were as he called them.—A. A'es. 



campbelj:. vs. doughton. . 1259 

Q. llie names that yon called and that he called, do yon know their ])oli- 
tics?—A. I think so. 

Q. State for the record what the politics are of this list of names.—A. All 
Democrats so far as I know, I think they are. 

Q. Where did they vote?—A. Third ward. 

Q. How long have yon lived in third ward?—A. All my life. 

Q. Yon are familiar with the people there, know most of them in the thii-d 
ward?—A. Yes. 

Q. ^on have been a worker in politics for several years?-:—A. I always were. 

Do yon know where Mrs. Ledbetter lives?—A. Yes. 

Q. W'hat ward does she live in?—A. No. 2. 

Q. Yon know where iNlrs. L. iM. Litaker lives?—A. Yes. 

(,>. ^^dlat ward does she live in?—A. Two. 

C}. Yon do not know whether they voted in three or not?—A. No. 

(}. lint with the exception of tliese two names, all the other parties do live 
in the third ward?—A. Yes. 

Cross-examination by Mr. Lewis : 

Q. What names did yon say did not live in the third ward?—A. Litakej- and 
Ledbetter. 

C}. And yon are i)ersonally acipminted with all tlie others ,von called ?^—-A. 
Yes. 

Q. Do yon know Mr. AMlliam Hammerick?—A. I think I do. 

(}. What does he do here, where does he work?—A. INIaybe I have the name 
mistaken. 

Q. Yon swear that yon know William Hammerick?—A. 1 don’t think I know 
William Hammerick; I think it was Hamlet. 

Q. So yon now admit yon do not know William Llammerick?—A. (No an¬ 
swer from the witness.) 

CL Yon swore yon saw the mimes <as they were read from the liook; did you 
see that name William Llammerick, yon swoi’e yon saw the name of Hani- 
merick?—A. I understood it was Hamlet. 

(The attorney tor the contestee wishes to in.sert in the record that he asked 
for the book the witness just read from, to which the attorne.\' for the con¬ 
testant absolutely refused to let him have.) 

Q. Do yon know William Hammerick?—A. I do not know him; I know 
Hamlet. 

Q. That is not the name read awhile ago?—A. I understood yon. 

Q. I thought you swore yon saw the names as they were read from the 
book; did you see the names as they were read?—A. Sure I did. 

Q. Did yon see the name of William Hammerick or did you see the name of 
William Hamlet—was that the name yon intended to read?—A. That is my 
understanding. 

Q. You admit yon do not know what you were swearing about?—A. That 
is what I was sw^earing about. 

Q. Do yon know H. H. Hester?—A. Yes. 

Q. Where does he live?—A. At the cotton mill. 

Q. What does he do?—A. Work in the cotton mill. 

Q. How many Hesters are living in this town?—A. I know two or three, 
I think. 

Q. Do you know that this H. H. is the man yon are swearing about?—A. I 
think I do. 

Q. You know his politics?—A. Yes. 

Q. How do yon know his politics?—A. Well, from all I can hear he is a 
Democrat. 

Q. Did you see him vote?—A. No. 

Q. Did you ever see him vote?—A. No; I never seen him vote. 

Q. Well, how do you know these people are Democrats?—A. Well, from what 
I can learn they are Democrats; see them get their tickets; I always see them 
every election. 

Q. You swear positively all the people are now living in the third ward 
except the two names yon i-ead?—A. 1 dim't know wliethm' they are noAV or 
not, Imt they were living here, 

Q. Nowg Mr. A. R. Anderson, who is that?—A. :\[rs. A. R. is it not? 

Q. Who is Mr, or INIrs, A. R. Anderson?—A. Why, is that Anderson or 
Alexander? 

Q. Who is Mr, or Mrs. A, R. Anderson?—A. IMi’s. Alexander, as I under¬ 
stood it. 


1260 


CAMPBELL VS. DOUGHTON. 


Q. Who is Mrs. A. R. Alexander?—A. Lives over here on Hijjhland Avenue. 

Q. Who is A. R. Anderson?—A. Whj^ I got that in the A. R. Alexander. 

Q. You swore a moment ago and called the name of A. R. Anderson, your¬ 
self, with the book in your hand?—A. Alexander. 

Q. So you now say you did not call the name of A. R. Anderson?—A. Yes, 
sir. 

Q. So you called the name of A. R. Anderson and swore you knew he was 
a Democrat, and now I ask you who the man is and you don’t know anything 
about it, isn’t that so?—A. I was under the impression it was Alexander. 

Q. I want to know if you will swear positively there is an A. R. Alexander 
living in third ward?—A. There is an A. R. Anderson in third ward. 

Q. So you did swear you knew A. R. Anedrson, knew his politics, and knew 
he was a Democrat, and now I ask you who the man is?—A. (No answer.) 

Q. You do not know who A. R. Anderson is at all?—A. I know them. 

Q. Where does he live?—A. I think he is the one that—Mr. Billy Anderson’s 
son, isn’t it? 

Q. I am asking you. I ask you how you know their politics when you do not 
even know the man?—A. Well, I said I was personally acquainted with some; 
of course there are some few that I do not know. 

Q. So when you swore a moment ago that you knew Anderson and knew his 
politics you were swearing to something you did not know anything about?—A. 
I said from all I could get they were. 

Q. Who told you anything about A. R. Anderson?—A. I don’t remember 
now who. 

Q. Whjit is his business; what does he do here?—A. T don’t believe I know. 

Q. TTow old a man is he?—A. Well, T could not say how old he is. 

Q. Is he a young nmn 21 years old?—A. He is not a very old man. 

Q. Is he a marriod man?—A. I don’t know whether he is or not. 

Q. i\Tr. Casher. the truth of the matter is yon don’t even know the man?—• 
A. I did not say I knew hijn. 

Q. If he would come in that door would you know him?—A. I guess I 
would. 

Q. About how old a man is he; let’s have a descrii)tion of him?—A. I do not 
know. 

O. The truth about the matter is you don’t know a thing about him?— 
A. Well, I can’t recall it just now. 

Q. And you don’t know the man; how do you laiow his politics?—A. Well, 
from wlnit I can learn he is. 

Q. Whom did you ask about INIr. Anderson ; go on and give the court the 
benelit of it?—A. Well, I don’t remember now. 

(}. Truth about the matter you didn’t ask anvbodv about him?—A. I thhik 
I did. 

(). Who nre h’s neighbors; you went to some of them; who are they?—A. I 
could not sny just as to that one man. 

Q. So you do not know a thing about him?—A. Yes. 

(}. That is one you do not know anything at all about?—(No .lui ever 
from the witness.) 

(.>. If you are uncej'tain about h'm, you could be uncertain about the next?— 
A. I liuess not. 

(). So you are certain that you know about all the othei-s whose names you 
called?—A. There might be a few. 

(>. If there might be a few, why Mid you swear you knew these when now 
you sa.v you do not?—A. I do not say I do not know them. I just can’t recall 
right now. 

(}. Look at the name of IM. F. Troutman they started to call a while ago; 
lias it any marks after it?—A. No. 

(). How did you distinguish in this book the names that you called out; are 
they marked?—A. Go by the names. 

(}. But the names you called out of this book; how did you know to call 
certain names.'* IMr. liulin said he prepared the book. Isn’t there some marks 
there you indicate by?—A. I guess so. 

(.1. What are they?—A. (N(* answer.) 

(). I believe I will have you call the names to see whether you really do 
know how to call them and tell me how you know. Start at the first of the 
names you swore to and tell me how you distinguish those from the others on 
there? How did you know to call the name of A. R. Anderson; what mark to 
that name; did you iirepare that book?—A. Yes; I think I did. 


CAMPBELL VS. DOUGHTON. 


1261 


Q. IM(1 you write }i name on that hook?—A. 1 did not write any of them; I 
went over them all. 

Q. Why did yon eall the name of A. U. Anderson if yon did not make it ont? 
Is that marked from the other mimes? Wdiere is the name of Fred Alexan¬ 
der; any mark to indicate why yon would call it?—A. A nnmher, I s'ness. 

Q. There are about 1,400 names on there that yon did not call?—A. Yes. 

Q. Why did yon call these particular names?—A. W'ell,' hecanse I was fixed 
so I could call them. 

Q. Isn’t it a fact yon were told to call those names?—A. No, sir. 

Q. Nobody told you anything about that book?—A. Nothing, only they just 
marked the ones to be called. 

Q. W'ho marked the ones yon were to call?—A. I marked some of them and 
had it done. 

Q. Point out some names there yon marked?—A. I don't know that I could 
do that right now. 

Q. Don’t yon know your own mark if you had made one?—A. Of course; 
I expect I would. 

Q. The truth about it, you are coming up here and swearing something you 
know absolutely nothing about?—A. No; I am not doing that. 

Q. You swore concerning W. H. Bryen ; who is he?—A. Why, he is the in¬ 
surance agent, I think. 

Q. Where is his oflice?—A. Wliy, I think that is the man. 

Q. How old a man is he?—A. About—I think about 30. 

Q. WTiere is his office?—A. I don’t know. 

(}. Wdiere did he come from to Statesville?—A. I declare, I do not know. 

Q- Do you know the man?—A. I think I do. 

C}. You know one, Bryen, who is an insurance agent? W'ill you swear that 
is the man?—A. I would not hardly swear. 

Q. So you would not be willing to swear that he is the insurance agent'?—A. 
I think he is; he was a traveling man for a while. 

Q. Who did he travel for?—A. Statesville Grocery Co. 

Q. I ask you whether the man who traveled for the Statesville Grocery Co. 
isn’t P’rank, and is now in the insurance business?—A. One is in the insurance 
business. 

Q. I ask you whether W. H. Bryen ever traveled for the Statesville Grocery 
(A).?—A. I do not know. 

Q. I ask you whether he is an insurance agent?—A, I can’t say. 

Q. If he did not work for the Statesville Grocery Co., and was not an in¬ 
surance'agent; now, who is he?—A. Well, I don’t know; if he weren't eithei- 
one I can not say. IMy impression is that he is the one. 

Q. Y’'ou swore you did not know whether he was an insurance agent; you 
swore you did not know whether he worked for the Statesville Grocery Co.; 
you swore you would not swear who he was?—A. If he is not the one, I would 
not swear it. 

(}. Do you swear positively that he is one of those men?—A. I think he is; 
I will not be real positive about it. 

Q. You are not real positive about it?—A. No; I am not sure. 

Q. So, when you swore he was a Democrat and you knew him?—A. What 
I thouglit was the one. 

Q. So you do not know whether he is a Democrat, Populist, Republican, or 
what do you?—A. I don’t know. 

Q. Now, do you know INIrs. M. L. Brewer?—A. Yes. 

Q. Where does she live?—A. Fourth Street. 

Q, What are her politics?—A. Democrat. 

Q. How do you know that?—A. Well, I know it; a lot of folks told me so. 

Q. A lot of‘who?—A. Neighbors. 

Q. Did you see her vote?—A. No. , 

() This is the first year the good ladies had an opportunity to vote'?—A. Yes. 

Q. Who were you talking to and asking about Mrs. Brewer’s politics?—A. 
Neighbors; I was passing and spoke about it. 

(y Name me a neighbor you talked to? A. Mr. Revas; I forget the young 

man’s name now. ^ , 

Q. What Revas did you say it was?—A. I don’t know his given name. 

Q. Did you ever talk to him about INIrs. Brewer’s politics?—A. Yes. 

i}. Wba't is bis politics'?—A. He is a Republican. 

Q. What did he tell you when you asked about Mrs. Brewer'? A. He said 
she was a Democrat. 


1262 


(’.AMPBELL VS. DOUGHTON. 


Q. Wlieii was it you had that conversation?—A. About the time of the elec¬ 
tion, 

(2. How long have you known Mr. Revas?—A. I have known him two or three 
years. 

Q. And don’t know his name?—A. I can’t recall it right now. 

(i. How many conversations did you have with him in regard to IVIrs. 
Brewer?—A. I don’t know; just passing and we were talking. 

(}. Why were you so interested in Mrs. Brewer’s politics way back before 
the election?—A. Well, it was just about the election. 

i). AVhy were you so interested?—A. Well, we were just talking like all 
fellows do talk about politics. 

Q. And you remember positively right about that time you had this con¬ 
versation with Revas about this particular lady, you swear ])os-tively to that?— 
A. Yes; he and his wife and Mr. Robl)ins’.s wife, too, she said something 
about it. 

Q. Do you know X. M. Alexander?—A. 1 think I do; he lives over here on 
Highland. 

(). Whose son is he?—A. Why, he is—there are thrt'e of them living there 
together, the old man and two of the boys. 

M'hat is the old man’s name?—A, I forget his name right now, 

(}. Do you know, will you swear positively that you know N. M. Alexander?— 
A, Well, I would not swear positively that I know him personally. 

Q. If you won’t swear positively that you know him how did you swear posi¬ 
tively on the direct examination that he voted a Democratic ticket?—A. From 
all the infoianation I could gei that is what he voted. 

Q. Being fair with the court, what information have you in regard to 
N. 1\I, Alexander?—A. Like the rest, I guess all the Alexanders are Democrats, 
of course, 

Q. Are they? What is Flem Alexander?—A. He is a Democrat. 

Q. 'What is the one that liv(^ up here at Bloomtield?—A. I don’t know him. 

(). Didn’t he live close to you for years?—A. No. 

Q. You live out of the town, do you not?—A. Yes. 

Q. AYhose son—you say there is three—whose son is N. ^M. Alexander? 

(Counsel for contestant objects to the mode of examination by the contestee 
in that it is dilatory and impedilive and aimed puri)osel.v to consume time of 
the contestant in getting in his rebuttal testimony.) 

(The contestee, R. I.. Doughton, in reply to the above statement, states 
thi’ough his counsel that the puri)ose and intent of this examination is to get 
the truth and test his knowledge of what he has sworn to.) 

(y Now, who is X. M. Alexander?—A. It i.s—I\Ir. Eleni is his father, W. S. 

(). How does W. S. Alexander stand for Elem?—A. I don’t know. 

<}. Truth about it is AY. S. is Stint, a brother to Ed and a soldier in the 
Army?—A. Yes; that is one. 

Q. So he is not IHem and the father of this boy you just swore?—A. That is 
one. 

Q. I ask you whether that Alexander has a boy by the name of X. M.?—A. I 
think so. 

(y How many boys has he?—A. Three. 

Q. I ask you if he hasn’t a boy named Eugene W.?—A. Yes. 

Q. Has a boy by the name of J. Ed?—A, Yes. 

Q. He has a son by the name of S., commonly known as Stint?—A. I 
think so. 

Q. Has he any more children?—A. I don’t know; I think so. 

Q. He has one named Hai-riotte Alexandei-?—A. I don’t know him. 

Q. AAliat does N. M. stand for; what is this boy’s given name?—A. I don’t 
know. 

(). Now, jMr. Casher, if N. Al. Alexander isn’t the son of ^«is man that you 
named, who is the father of the three boys whose names you just called ; you 
don’t know him, do you?—A. Xo; I don’t know him. 

Q. If he isn’t the son of that man, you don’t know him?—A. No. 

(}. You can’t give us his given name?—A. No. 

Q- AATll you swear positively for this record that this man is the son of this 
Alexander?—A. That is what I thought he was. 

(}. AA’ho is he, do you know him? 

(Contestant objects to the c<niimel using this mode of examination that it is 
delaying, impeditive, and shows a purpose to consume time of the conte.stant, 
the same question having been asked over and over again.) 


CAMPBELL VS. DOUGHTON. 


1263 


Q. Do you swear positively that you know N. M. Alexander?—A. I would 
not be positive that I do. 

Q, You do not know him?—A. No; I do not know him. 

Q. Who is J. O. Davidson?—A. That is IVIr. Aus Davidson’s son. 

D. Is it Mr. J. A. Davidson’s son?—A. I think so. 

Q. Are you positive?—A. Yes; I think it. is his son. 

Q. Y"ou are positive he is the son of Austin Davidson?—A. Yes. 

Q. How old a man is he?—A. I could not say to that. 

(i. How do you know he is the, son of Mr. J. A. Davidson?—A. Well, I--• 

Q. How did you get your information that he was the son of J. A.?—A. Well, 
I have seen him around here. 

Q. Well, about how old a man is Mr. J. O. Davidson?—A. I reckon about 30 
years old. 

Q. Is he tall, slender, or medium height?—A, Medium. 

Q. What does he do?—A. I think he is a sawmiller. 

Q. I ask you whether his son is not named Press that is working at the 
sawmill?—A. He has two, hasn’t he? 

Q. I ask you whether the otJier man’s name isn’t Ross?—A. I was under 
the impression J. O. 

Q. I ask you if Ross didn't marry Bertha Stevenson uj) the road here?— 
A. Why, I know he has one named Ross. 

(j. And one named A. P.—Press?—A. That is what 1 tliought it was. 

Q. If this man, J. (). Davidson, isn’t the son of Aus, you don’t know him, 
do you?—A. No; I do not. 

Q. And you don’t know he is the one?—A. I would not swear it. 

Q. If he is not the son you say you do not know liim?—A. Yes. 

Q. Do you know Miss Bertha Deetz?—A. Yes. 

Q. Where does she live?—A. Hickory Street. 

Q. Do you know L. L. Alexander?—A. I doji’t l)e!ieve I do. 

Q. Don’t know’ his politics?—A. I am not sure about it. 

Q. Well, if you don’t know him, you don’t know his politics?—A. No. 

Q. You know Mr. W. B. Blackwelder?—A. Yes. 

Q. Where does he live?—A. Mulberry Street. 

Q. I believe he has been a resident here practically all his life?—A. Y'es. 

Q. How long has he been voting in the third w^ard?—A. Well, he moved out 
of three over into an apartment house. 

Q. How long has he been voting in Statesville, third ward?—^A. Several years. 

Q. Do you know Fred Alexander?—A. No; I do not believe I know him. 

Q. Do you know his politics?—A. No ; I would not say for sure. 

Q. Do you know Janie Alexander?—A. Y^es. 

Q. Who is she?—A. Old man Alexander’s daughter; lives over on Highland. 

Q. Is that the same one you were talking about a wdiile ago?—A. I think so. 

Q. Will you sw’ear positively that Janie Alexander is the daughter of that 
man?—A. I think she is; I am not sure about it. 

Q. The truth about the matter, he has a daughter by the name of Anice?—A. 
I would not be sure, but I think that is her name. 

Q. She works at the telegraph ofhce?—A. Y^es. 

Q. That is the only daughter he has?—A. Only one I know^ of. 

Q. Well, w^ho is Janie?—A. If that ain’t her, I don’t know’ who. 

Q. If Miss Anice, the telegraph operator, is the only one, you know Janie is 
not his daughter?—A. My impression. 

Q. Her name is not Janie?—A. That is the one I thought was named Janie. 

Q. So, if her name isn’t Janie, you don’t know Janie?—A. No. 

Q. The truth about the matter is her name is Anice?—A. I would not be 
positive about it. 

Q. That being so, why do you swear that you knew Janie and her politics?— 
4. I thought I knew her; I was sure I knew' her. 

U. It now' turns out you did not know her?—A. If that is not her name, I do 
not know her. 

Q. Well, is her name Janie? 

(Counsel for contestant objects to the further repetition of the question, it 
having been asked four or five times and the w'itness having answered, the 
object of such examination evidently being dilatory tactics.) 

(Counsel for contestee states he has never answered the question positively; 
that he wants the answ'er put in the record as to w'hat he know's about this 
young lady, who is a telegraiJi operator.) 

Q. What is her name?—A. I thought it was Janie. 



1264 


CAMPBELL VS. DOUGHTON. 


Q. Did you know it was Janie?—A. I would not swear it was Janie. 

Q. Why did you swear that you knew her and her politics?—A. I was sure it 
was her name. 

Q. Do you understand an oath in court, and know it is to be facts and not 
what you think?—A. I was going by my best knowledge. 

Q. Your conception is you are to swear what you think, whether you know 
anything about it or not?—A. Of course, I just go by what I thought was right. 

Q. Do you know Mrs. L. A. Anderson?—A. Yes. 

Q. Who is she?—A. I.ouis’s wife. 

Q- i^o you know J. H. Chamberlain?—A. Yes. 

(]. Who is he?—A. Works over here at the cotton mill. 

(j. What is his given name?—A. 1 forget, but I know him, I just can’t recall 
his given name now. 

Q. There are several Chamberlains over there?—A. I think tliere is a couple 
over there. 

Q. Only two, yon know J. W. Chamberlain?—A. Yes. 

Q. Who is he?—A. He is the shipping clerk there in the cotton mill. 

Q. Are these two the only Chamberlains over there?—A. Only two I know. 

Q. I ask you if you do not know Lonnie?—A. Yes; I know him. 

(y So when you said you knew two you did not know what you were swear¬ 
ing?—A. I thought that was Lonnie. 

Q. How do you get Lonnie out of J. H. or J. W.?—A. I know T.onnie and 
then the old man. 

Q. And the trutli about it those are the only two you know?—A. I think 
there is anotlier there hut won’t he positive about that. 

Q. When you swore to this name you had Lonnie in mind?—A. Yes. 

Q. So if it is not Lonnie you do not know anything about it?—A. No. 

Q. Do you know T. O. Christopher?—A. Yes. 

Q. Who is he?—A. Runs a store. 

Q. What is his given name?—A. Otis. 

How long has he been voting in third ward?—A. I guess about all his 

life. 

(}. He votes every election?—A. So far as I know. 

Q. Lonnie Chamberlain has beyn voting for 8 or 10 years?—A. I can’t say 
to that he has been here a right smart while. 

(}. You know J. G. Christopher?—A. Yes. 

Q. That is Jim?—A. Yes. 

(j. How long has he been a voter in third ward?—A. Right smart while. 

Q. Has voted here before this time?—A. Well, I guess he has; yes. 

Q. Do you know Mrs. IM, ,T. Cook?—A. That is IMi’. Burt Cook’s wife. 

Q. Where did he come from?—A. Well, he has been here living around here 
several years. 

Q. How do you get M. J. for Burt?—A. That is her initials. 

Q. Where does Burt live?—A. Over on the cotton-mill hill. 

Q. laving there now?—A, Yes. 

Q. I a.sk you if he isn’t dead?—A. AVell, Burt is dead. 

Q. Where does IMrs. Burt live?—A. Over there. 

Q. Does she live tliere now?—A. I think so; she did live there. 

Q. I ask you if the woma.n isn’t dead, liaving died with tuberculosis?—A. No. 

You swear positively she is living?—A. The Burt (’ook T am thinking 
about is. 

<>. How many Burt Cooks over there?—A. I don’t know but one. 

And the one you are tliinking aliont is living?—A. His wife is. 

(^. Now, Mr. Casher, I want to get this positive; you state positively that she 
is living there?—A. I believe .she is over there. 

(The contestant objects beeau.se it is needless consumption of time.) 

(}. Wlien (1(1 you .see her last?—A. Why, it has not bc^en very long ago. 

(j. Did you see her (luring this year?—A. I think .so; I passed liy there. 

(}. Give me a description of the Mrs. Cook you know? 

(Counscd for contestant olijects to the mode of cross-examination, for that it 
is dilatory and evidently intended to consume time of the contestant, or the 
giving of testimony in rebuttal for the further reason that the (luestion or any 
answer is wholly iri-elevant to anything iirought out on direct examination as 
matters of description was not raised by the counsel for the (‘ontestant, solely 
the politics of the naiiK^s given.) 

(). Do you know IMrs. Burt Cook?—A. I have known her, and if she is dead I 
do not know her. 


CAMPBELL YS. DOUGHTON. 


1265 


(^. If IMrs. INI. J. Cook is not Mrs. Burt Cook, you do not know her ut all?— 
A. No. 

(2. And you could be mistaken about whether she is INIrs. Burt?—A. Of course 
I could be. 

(}. lio is Mrs. Mattie Chester?—-A. INIr. Chester, as far as I know, over on 
Caldwell street 

Q. hat is his g.ven n:une?—A. I don’t reineiiiber his given name. 

(.). M'hat does he do?—A. Runs a sawmill. 

(>. Is that IMr. W, L. Chester?—A. Yes. 

Q. Is IMrs. IMattie his wife?—A. Yes; I think so; I wont he pos tive about it. 

Q. If she isn’t his wife, you don’t know her and don’t know her politics?— 
A. No. 

Q. You know IMr. ,1. D. Colvert?—A. That is the coroner. 

Q. I ask you if his initials are not J. G.?—A. Yes; that is right. 

Q. Who is J. D.?—A. I don’t know him. 

Q. So when you swore you knew his politics you did not know him?—A. I 
said “ as far as I know ” ; I d d not swear I knew the pol tic.s. 

(>. I say when you swore concerning Colvert you had the coroner in mind?— 
A. Yes. 

Q. Do you know F. E. Creedmore?—A. I think I do; he runs a jitney. 
ij. How long has he lived over there?—A. Several years. 

Q. Been a voter for several years?—A. I guess so; i never seen him vote. 

(>. Who is John Clark?—A. Lives over here with his sister. Miss Rouche. 

(}. How long has he lived there?—A. Two or three years, may he more than 
that. 

Q. Vote here in 1918?—A. I think he did. 

Q. Do you know Mrs. E. W. Easteps?—A. I would not be positive I know her; 
I know .some Easteps. 

Q. Do you know Mr. Ralph Eastep?—A. I think I do, hut won’t be positive. 

Q. Well, if you are not sure you know them you do not know their politics 
for sure?—A. Not for sure. 

Q. Who is A. P]. P^leming?—A. My impression it is Miss Fleming lives over 
near the Baptist Church. 

Q. Do you know her politics?—A. I think she is a Democrat; won’t be sure. 
I would not swear she is, but froiM all I can get she is. 

Q. Do you know W. E. Gabriel?—A. Yes. 

Q. Where does he live?—A. On the boulevard. 

Q. How long has he lived over there?—A. Not very long; a couple of years. 
Q. Has he voted here before?—A. If he has I never knew it. 

Q* you know S. H. Garrison?—A. I'es. 

Q. That is Harry?—A. I was under the impression that was the old man. 

Q. bias he a son by the name of Harry Brake Neal?—A. Yes. 

(). And one named Ed?—A. I don’t know Ed, but think he has. 

(). Isn’t S. H. Garrison “Mr. Hari-y’’?—A. IMaybe; I won’t say. 

Q. Which one are you swearing about, the old man or Harry?—A. Old man. 
Q. When did he die?—A. He has not been dead very long. 

Q. M'as he living at the last election?—A. I think so. 

(}. How long has he lived in third ward?—A. Several years. 

(}. Phfteeii or twenty years?—A. Yes. 

Q. Been a voter there at least 8 or 10 years?—A. Yes. 

(). Do you know T. N. Gilleland?—A. Yes. 

(}. Where does he live?—A. Over here across to the old Methodist Church. 
(}. How long has he lived in third ward?—A. Several years. 

(). Seven or eight years; been a voter there for seven or eight years?—A. 

I think so. 

(,). You know his politics pretty well?—A. l"es. 

(>. Yhiu know Mrs. J. H Henninger?—A. I won’t be posi<^ive that I do. 

(.>. You don’t know her ])olitics?—A. I would not swear that I do. 

Q. Do you know IMaiy E. Henley?—A. Yes; I think I do. 

(J. M'ho is she?—A. Lives down hei*e. 

Q. Whose daughter is she?—A. I could not say. 

(,>. Well, what Miss Henley did you have in mind when you swore concern¬ 
ing iMiss IMary?—A. That is not the one I was thiidving about. 

Q. So you don’t know anything aboiit her?—A. No; I was mistaken. 

Q. Do j'oii know Mrs. J. P\ P’orkum?—A. No; I don’t, but think she is one 
of the graded-school teachers. 


r)7(:95—21 


80 



1266 


CAMPBELL VS. DOUGHTON. 


Q. Don’t know an^’^thinj;- about Iiej- politicsV—A. No. 

(J. Yon know S. J. Holland?—A. I think I do. 

Q. Who is he?—A. Stany. 

Q. How lonjt has he lived in third ward?—A. Several years. 

Q. He has lived in this cement home on the corner for 15 or 20 years?— 
A. Yes. 

(}. Been a voter 8 or 10 years anyway?—A. Yes. 

Q. Do yon know Mrs. L. C. Idson?—A. I can’t say that I know her. 

Q. Don’t know her politics?—A. No. 

Do yon know Mrs. T. Tl. Kerr?—A. I know Tom Kerr—isn’t it? 

Q- Do yon know Mrs. T. K. Kerr, the lady’s name yon called this morning?— 
A. I don't think I called that; if I did, I did not do it intentionally. 

(}. That is the wife of the chief of police?—A. I'es. 

Q. Y'on know iMrs. K. B. Kestler?—A. Y'es. 

Q. Who is she?—A. Mr. Kestler lives out here on the crossroads as you go 
to Bnflle Shoals—old man Amos Kestler’s son. 

Q. Do yon know her politics?—A. Well, I think—I would not swear—but 
think she is a Democrat. 

(}. Now, Mr. (’asher, do yon swear she is a Democrat?—A. I would not 
swear it. 

Q. Why did yon swear it awhile ago when Mr. Britt asked you, “ These 
names yon have called; what are their politics? ” I ask you if you did not 
answer that they are Democrats?—A. I said so far as I know. 

Q. Y'on don’t know, do you?—A. I know a good many of them. 

Q. Y’^on don’t know this lady’s politics?—A. I would not swear I do. 

Q. Do yon know IMiss Mattie Keller?—A. Y'es; that is John H.’s daughter, 
over on the cotton-mill hill. 

Q. Do you know her politics?—A. They are all Democrats. 

Q. Do yon know hers?—A. I would not swear that I do. 

Q. She had never voted before?—A. I don’t think she had. 

Q. You never heard anybody say how she voted and, as a matter of fact, you 
do not know?—A. I would not swear how she voted. 

(}. Do yon know C. H. Legette?—A. Y'es. 

Q. What does he do?—A. Work in a garage. 

Q. Do you know his politics?—A. He is a Democrat. 

Q. Where did he come from?—A. Taylorsville. 

Q. Are yon positive that he is a Democrat?—A. I think he is, but would not 
swear positively that he is. 

Q. Do you know Gussie Lindsey?—A. I know one; I don’t know whether it is 
the right one or not. 

Q. You know several Lindseys?—A. Yes. 

Q. Did you have in mind, when you swore concerning Gussie, this man?— 
A. This is the lady lives over at the cotton mill. 

Q. Do you know whether her name is Gussie?—A. I think so; I painted the 
house there, and they called her Gussie. 

Q. Do yon know positively her name is Gussie?—A. I would not swear it is. 

(}. Yon do not know her politics?—A. I would not swear I do. 

(}. Do you know E. K. Little?—A. I know one; I would not say it is the same 
one that yon have there. 

Q. What is his given name?—A. I declare I don’t know. 

Q. I ask yon if you don’t know Durant Little; that is the man you know?— 
A. Yes. 

Q. That is the man you had in mind?—A. Yes. 

Q. How do yon get Durant out of E. E.?—A. People are called nicknames, 
and their initials are different. 

(}. I ask yon whether Mr. Durant Little’s name isn’t A. D.?—A. I don’t know. 

Q. So if Mr. E. E.‘Little is not Durant yon don’t know him?—A. No. 

Q. Do yon know D. C. Lockman?—A. Yes. 

<}. Where does he live?—A. Fifth Street. 

Q. How long has he lived over there?—A. Two or three years; he has been 
in and out. 

Q. I ask you whether he has not lived in third ward four or five years? 

(Counsel for contestant objects to this question for the reason that it raises 
an inquiry about a matter not raised in the direct examination, the only ques¬ 
tion beng raised being that of the politics of the list of voters; and counsel 
for contestant here and now objects to all questions and answers thereto on 
cross-examination by counsel for contestee in relation to this list of voters 


CAMPBELL VS. DOUGHTON. 


1267 


other than the question of politics, this being the only question raised by the 
contestant. The attorney for the contestee states if the evidence he is now 
introducing does not l)ec‘Oine competent he will agree that it be stricken out; 
that we have no power to rebut under the law ; and that we wish to introduce 
this evidence now, but should it not be competent no other evidence will be 
introduced. Counsel for contestant can make no stipulation as to the quan¬ 
tity of evidence the contestee proposes to introduce and has no request what¬ 
ever as to the cross-examination of the witness other than that, in the inter¬ 
est of the rules of cross-examinations and economy of time, the cross-examina¬ 
tion be confined to the question raised on the original examination.) 

Q. You say Mr. I.ockman has been a voter a number of years?—A. I don’t 
think he has been there very long. 

Q. He has been living over there four or five years, a legal voter?—A. I 
guess he has a right to vote. 

Q. Do you know IMrs. (). P. Lyons?—A. Her husband runs the ice-cream 
factory over here. 

Q. Do you know her polices?—A. I think I do; I would not be. positive 
about it, but think she is a Democrat. 

Q. How do you know she is a Democrat?—A. From all appearances and 
what I can hear. 

Q. Who did you ever talk to about this lady?—A. Several around. 

Q. Have you ever singled her out.and talked about her?—A. No. 

Q. So you don’t know her politics?—A. No; not for sure. 

Q. Who is William Marshall?—A. That is Millard. 

Q. Whose son is he?—A. That is the old man himself. 

Q. How long has he been living up there?—A. Several years. 

Q. He is an old man; died since the election?—A. No; his/.son died. 

Q. He has been voting there a number of years?—A. I guess for several 
years. 

Q. AVho is IMr. E. A. Miller?—A. He lives over here on the hill; old man 
Henry Miller’s son. 

Q. What is h‘s given name?—A. I don’t know; E. A. is all I know. 

Q. Do you know positively that E. xV. IMiller is Henry’s son?—A. I think it is. 
If lie is not Mr. I^Iiller’s son, you don’t know him at all, and you could be 

mistaken?—.4. Yes. . r , 

Q. You don’t know what IMr. Henry Miller’s son’s initials are?—A. That is 

my understanding. • _ 

Q. Where did you get tlie understanding?—A. I just thought it. 

Q. You don’t know, do you?—A. Not positively. 

(i. So you would not swear what his politics are? A. I know the geneial run 

of them are Democrats. ' 

Q. This mi£;ht not be Mr. Henry’s son?—A. It might not be. 

Then vo'u don’t know his polity's?—A. No. 

Who is xV. P>. Minish?—A. Thatds Baxter. 

You know his politics?—A. Yes. , , , , x. 

How long has he lived in third ward?—A. I don t know; he went oft 

come back. „ * -r> « i 4 . 

He has been there a number of years? A. Before he went 
Went off during the war and came back the following year, 1918, didn t 

he?—A. I can’t say. 

Q. He has been living here for 

has been off. 

Q. Voted in ward 3?—A. Yes. 
n Who is P E Morrison?—A. That is Pies. 

O \\’ljere does lie live?—A. This one I know lives on Ruffle Shoals Road. 

O I a^sk von whether the men livinj; on Bnffle Shoals Road are not named 
-nioi-x. nnU Ansjt AlorrisoiD—A. They don’t live on there. 

q] Are you positive a P. E. Morrison lives in third ward?— A. I would not 

■^'TVask^ wm 'if there is not a Ban E. Morrow and there is no such a man as 
P E.Vionfison?—A. I don’t know P. E. Morrow; I was under the impression 

Q. But you don’t know?—A. No. 

r;S.e7;:kf wratrtii^^eimrat description o, the man?-A. He is 

*‘*Q."so’you'do't,ot swear there is a P. E. Morrison living in third ward?-A. 
I might be mistaken. 


Q. 

Q. 

Q. 

Q. 

and 

Q. 
Q. 


long time?—A. He was raised here, but he 


1 


1268 


CAMPBELL VS. DOUGHTON. 


Q. What is bis given name?—A. Pies is the one I am thinking about. 

Q. I ask yon whether Ples's name isn’t W. P. Morrison?—A. I could not say. 
Q. IMoved in here from Shilo and lives up on Bnffle Shoals Road?—A, I was: 
under the impression he was Pies. 

Q. Isn’t that W. P.?—A. I don’t know. 

Q. lie works for .1. K. Morrison?—A. That is the one I had in mind. 

Q. So the man you had in mind is the man who works for J. K. Morrison?— 
A, Yes. 

Q. So if this P. E. Morrison is not that man, you don’t know him at all?—A. 
No. 

Q. Do you know W. Herbert IMorrison?—A. No. 

Q. Don’t know his politics?—A. No. 

Q. IMiss Rachael Morr'son?—A. No. 

Q. Do you know Mrs. S. R. IMorrison?—A. No. 

Q. Do you know Mrs. J. IM. Morrow?—A. No. 

■ (>. Don’t know her politics?—A. No. 

Q. Do .vou know Mr. R. G. IMoore?—A. Well, I think I do; I won’t be 
pos tive. 

(>. r>o you know his politics?—A. No; I do not. 

Q. Do you know M. L. Moore?—A. I do not think I do. 

Q. Don’t know his politics*/—A. No. 

(,h Do you know .1. M. Moore?—A. Yes. 

Q. Who is lie?—A. Old man Jim Moore’s son. 

Q. Who did you have in mind when you swore concerning Mr. J. IM. IMoore,, 
th s man?—A. Mr. IMoore lives over on the cotton-mill hill. 

Q. What does he do?—A. Works at the foundry or furniture factory. 

Q. As a matter of fact Dr. J. M. IMore is president of the female college?—A. 
Yes ; that is him. 

Q. But you did not have hun in mind?—A. No; another Moore I had in mind. 
i). Do you know R. F. IMurdock?—A. No. 

Q. Do you know his politics?—A. No. 

Q- Do .vou know IMrs. .1. P. M.vers?—A. No. 

Q. Don't know her politics?—^A. Am not sure. 

Q. Y"ou don’t know Mrs. J. P. IMyers?—A. Not personally; I know where she 
lives over on the cotton-mill hill. 

Q. Do you know her politics?—A. Not of my own knowledge. 

Q. You know IMrs. Everett McCombs?—A. l^'es. 

Q. Where does she live?^—A. Seventh Street. 

Q. You know her politics?—A. Democrat. 

(). How do you know?-—^A. They live right across to me. 

Q. Ik) you know J. M. McKee?—A. Yes. 

Q. Know his poPtics?—A. Democrat. 

Q. How long has he lived in Statesville?—A. I don't know; several years'. 

Q. He has lived hei-e 10 years?—A. I expect so. 

Q. You know A. C. Nantz?—A. Yes. 

Q. Who is that?—A. Nantz who drives the .iitney. 

Q. Is that the man you had in mind?—A. Y^es. 

(}. I ask you if his name isn’t C. D.?—A. I always thought it was A. C. 

0. If this jitney driver’s name is Charles D., you don’t know A. C. do you?— 
A. No not personally. 

Q. What name is Nantz, the driver here?—A. Charlie. 

Q. He married Clodfeller’s daughter?—A. Y^es. 

Q. Isn’t his name Charles D.?—A. I would not be positive, but that is my 
information. 

Q. Then you are uncertain as to this man here?—A. Y^es. If that is not the 
man of course I am wrong about it. 

(). Do you know William Nantz?—A. No. 

Q. Do you know his politics?—A. No. 

Q. Do you know J. W. Neighbors?—A. I think so. 

g. What is his given name?—A. John and Walter; there are two. 

i). Which is J. W.?—A. That is John. I guess; it is his or Walter’s one. 

Q. Both have lived here a number of years?—A. Yes; a good while. 

Q. Always voted here a number of fines in third ward, in fact ever since 
they were 21 ?—A. Y'es. 

(). Do you know H. B. Overcash?—A. I think I do; that is IMr. Kelley Over¬ 
cash's son. 

Q. Who is D. B. Overcash?—A. I don’t know him. 


CAMPBELL VS. DOUGHTCN. 


1269 


Q. Do yon know H. P). ’s Mr. Kelley’s son?—A, I won’t be pos'tive about it. 
Q. In fact yon don’t know either of these?—A. I know them, but not bv 
Initials. 

Q- Ho yon know his poLt.cs?—A. Not of my own knowledge but wliat I can 
learn I d(\ 

(J. Where does he work?—A. I conld not say as to that. 

Q. About bow old a man is D. B. Overcash?—A. I conld not say as to that. 
(}. Who is his father?—A. Kelley I gness. 

Q. Who is H. B., he hasn’t bnt one son?—A. That is whom I am thinking 
about. 

(}. W’ho is D. B.?—A. I don’t know him. 

Q. AVho is IMiss Helen Paterson?—A. ]Mr. John Paterson’s daughter. 

Q. W’bere does he live?—A. Up on Center Street. 

Q. W^ere yon here when she voted?—A. No. 

Q. Yon know how she voted?—A. No. 

Q. Do yon know whether she voted at all or not?—A. I conld not swear 
she d d. 

Q. Yon do not know anything about the politics?—A. I guess they are Demo¬ 
crats ; I fonnd ont they were Democrats. 

Q. The old man is a Democrat, yon don’t know how the girl is, do yon?—A. 
They said they were all Democrats. 

Q. W’ho sa’d so?—A. The girls. 

Q. Do yon know yiiss Oraii Plrfer?—A. Not personally. 

Q. Do yon know who she is?—A. I do not. 

Q. Do yon know her jioiitics?—A. No. 

Q. Do yon know J. G. Powell?—A. Y>s. 

Q. Pie has lived in third ward poss bly Bo years?—A. Yes. 

Q. He is half owner of the Powell-Adams Tobacco Co.?—A. Y^es. 

Q. Yon and him started voting together abont the same time?—A. I guess so; 
I never seen him, thongli. 

Q. Yon know he did vote?—A. I think lie did. 

Q. Yh)n know IMrs. H. A. I*oston?—A. Not personally. 

Q. Do yon know her politics?— A. Not for certain. 

(}. Do yon know Mrs. S. A. Plyler?—A. Y^es. 

Q. W’ho is she?—A. Austin’s wife. 

Q. She is a pretty old lady?—A. Yes. 

Q. Yon know Mrs. M. p]. Ramsey?—A. I know her bnt am not personally 
acquainted with her. 

Q. Yon know her politics?—A. Not for snre. 

Q. Yon know Mrs. J. C. Rayle?—A. Yes. 

Q. Whei'e does she live?—A. Over on Fifth Street. 

Q. r>id yon see her vote?—A. No. 

Q. YTni don’t know whether she voted or not?—A. She voted, I heard. 

Q. Do yon know how she voted?—A. Tb.ey said she voted Democratic. 

Q. Who s:ud so?—A. A lot of them ; of course, I conld not swear she did, bnt 
my information is she did. 

(). Do yon know J. W. Reimer?—A. John Reimer over there; I don’t know 
Avhether it is J. W. or J. A. There is a .T. A. 

CP Who is J. W.?—A. I don’t know him personally. 

Q. Y’on don’t know his politics’?—A. No. 

Q. Do yon know AValter Ross?—A. Yes. 

(P Where does he live?—A. Back over here in third ward. 

(p What does he do?—^A. Tinner. 

Q. His father lives here?—A. Y"es. 

(P He has lived in that ward all his life?—A. Yes. 

Q. He and his father both been voters there for a long time?—A. Y^es. 

Q. Y'on know Mrs. A. Ross?—A. No. 

Q. Do yon know her politics?—A. No. 

Q. Do yon know Martha Robertson?—A. I am not sure, bnt think it is 
Philip’s daughter. 

Q. Do you know it is his daugliter?—A. I would not say for sure. 

Q. If it is not his daughter you don’t know anything about her?—A. No. 

Q. Do you know her politics?—A. No. 

Q. Do you know S. A. Rhyne?—A. Don’t think I do; I know some Rhyne, 
but would not sa.v. 

Q. Y’'ou don’t know his politics?—A. No. , 


1270 


CAMPBELL VS. DOUGHTON. 


Q. Do yon know N. ]M. Sally?—A. I would not say; I think I do, but will 
not say I do know him. 

Q. How many Sallys live in your ward?—A. I don’t know but one. 

Q. I ask you if that one W. M. works over here at Statesville Drug Co., that 
is the man lives in tins ward?—A. Yes. 

Q. Who did you have in ni'nd?—A. That is the one. 

Q. So you don’t know N. M. Sally at all?—A. No; if that isn’t the one. 

Q. Do you know J. P. Sample?—A. No. 

Q. Don’t know his polifcs?—A. No. 

Q. Do you know Pink Sherrill?—A. I kmnv one Pink, hut I don’t think he 
lives in this ward. 

Q. So when .vou swore this morning that every person lived in this ward 
with the exception of Mrs. Lltaker and Ledbetter you were mistaken?—A. If 
they were there I don’t know him. 

Q. Well, then you do not know his politics?—A. That is wdiat I said, , 

Q. Do you know Pell Simmons?—A. I know one. 

Q. Where does she live?—A. Over on Seventh Street. 

Q. Do you know her politics?—A. No; I don’t. 

Q. Do you know Ken Serontz?—A. I know the man, 

Q. What does he do?—A. The one I am thinking about runs a printing busi¬ 
ness. 

Q. He runs this office down here and lives over there for five or seven years?— 
A. I think so. 

Q. Registered voter here and voted?—A. Yes. 

Q. Do you know C. M. Steele?—A. I'es. 

Q. AVho is he?—A. Clarence. 

Q. How old is he?—A. About as old as I am—45 or 50. 

Q. He is a member of the lirm J. C. Steele Sons?^—-A. Yes. 

Q. He has lived in third ward all his life?—A. Yes, 

Q. How old are you?—A. Fifty-one. 

Q. He has lived there 51 years and voted there?—A. I guess so. 

(^. Do you know Mrs. J. H. Steele?—^A. No. 

Q. Do you know her politics?—A. Not to my own knowledge. 

Q. Do you know anyth ng at all about her—A. I do not. 

Q. Do you know Mrs. Thad Summers?—A. Yes. 

Q. AVhere does she live?—A. Up on Center Street. 

Q. Lived there a number of years?—A. Yes. 

Q. Do you know her politics?—A. I would not be positive, but think she 
is a Democrat. 

(}. Do you know C. C. Teesnie?—A. No. 

Q. You don’t know his politics?—^A. No. 

(). Do you know Marvil L. Teague?—A, No. 

Q. Do you know his politics?—A. No. 

Q. Do you know IMrs. W. H. Wall?—A. Not personally. 

Q. Y’ou don’t know her politics?—A. No. 

Q. Do you know Mrs. R. S. AVest?—A. No. 

(}. Do you know T. P5)y AA'hite?—A. Yes. 

Q. He has been a resident in third ward 10 or 12 years?—A. Yes. 

Q. A voter here?—^A. I guess so. 

Q. You know Airs. Lee AAdlliams?—A. Yes. 

Q. AA'here does she live?—A. Race Street. 

Q. You know her politics?—A. \"es; Democi-at. 

Q. How do you know?—A. AA'ell, I have heard her talk. 

Q. Do you know Airs. .Tanie Aloore?—A. No; I don’t know her. 

Q. Air. (’asher. would you swear that any of these persons whose names 
you have called over, and I have called over, that any voted for Air. Dough- 
ton?—A. AA’ell, I did not see any put their tickets in the box. I could not say 
they voted for Air. Doughton. I did not see them. 

Redirect examination by Air. Britt : 

Q. You have been asked by the counsel for the contestant. Air. Campbell, 
about the politics of the list of voters which you recited this morning and 
which were read to you by Air, Dulin, and you stated that you knew their poli¬ 
tics to be Democratic. 1 ask you if you knew it by personal knowledge and 
common reputation?—A. Yes. 

Q. That is to say you knew part of them personally and the rest by reputa¬ 
tion in the community and it is in that way you made the statement as to 
their politics?—A. That is the way I made it. 


CAMPBELL VS. DOUGHTON. 1271 

Q. I want to ask yon about the voters, “ Teagues,” named in the list; do you 
know where they are now?—A. Washington. 

(>. Do you know how long they have been there?—A. Alioiit 11 years. 

Q. Are they in the Government employ there?—A. I don’t think they are. 

Q. Do you know whether they voted in the last election?—A. I do not know. 

Q. hat is your understanding?—A. JMy understanding is they voted. 

Q. How—politically?—A. Democratic. 

Kecross-examination: 

Q. Mr. Casher, these people that you said you did not know at all swore 
you did not know their politics; if you did not know a man at idl and did not 
know^ his pol tics, how did you get your information? So in amswer to Mr. 
Britt s question a moment ago you did not mean the ones you swore on direct 
exannnatioii this morning; in other words you do not know how they voted, 
personally or by reputation?—A. I don’t know what I swore to. 

(>. You swore on cross-examination you did not know R. G. Moore and did 
not know his politics at all?—A. I meant by personal knowledge. 

Q. Who did you hear talking about Mr. Moore?—A. I can’t lemember. 

Q. Where does he live?—A. I don’t know. 

((’ontestant objects to all of this, the counsel has gone over these quesfons 
more than once, and to now repeat is to consume time it appears.) 

IMr. P. P. DULIN testified as follows : 

Direct exam'nation by IMr. J. ,T. Britt: 

(}. Your name is Philip P. Dulin?—-A. Yes. 

(). Vfhere do you 1 ve?—A. Statesville, third ward. 

Q. How long have you 1 ved in Statesville?—A. Since I came back since the 
war, three or four yeai’s before I went to war. 

Q. How long have yon lived in Iredell'?—A. Pracfcally all my life. 

Q. Hove old are you?—A. Born May 10, 1882; 39 the 19th of this month. 

(‘. Were y('U a v(der in the last election?—A. Yes. 

Q. Are you a te;xpayer in Iredell?—A. Yes. 

Q. Are you a counsel for the contestant?—A. I am. 

(). State whether you wei’e a soldier in the late war?—A. I was. 

Q. For how long, when, and in what capacity?—A. I went to the first training 
camp at Fort Oglethorpe; we were there three months and com'miss oned as a 
second lieutenant in the (>uartermaster Gorps; came back to Statesville, re- 
inained 15 days, and repoi-ted at (iamp .lackson, S. G., about the 10th of Decern- 
()cr. I was ordcT-ed to (limj) Johnson, remained there until about the 15th of 
.lanuary, 1918; was then oialered to Newport News, and upon arrival there as¬ 
signed to the animal embarkation depot. I served there until the 1st of June 
and was ordered to Gamp Kearney, Gal if. I was there about three weeks, 
reported there about July 7, 1918; there about three W'^eks and ordered to 
report at Gamp Johnson, Fla. I remained there in tra iling for 30 days and 
was ordered over.-eas. We landed at Brest and were ordered immed ately to 
Bordeaux. I served tliere about three moiitI''S and was ordered to Verdun. I 
went there, we were there, I believe, until February 10, 1919. We were ordered 
to Trier, Germany, and we remained there until sometime in April or IMay, I 
am not sure. 

Q. What year?—A. 1919. We were ordered from there to Wringraw. Ger¬ 
many, and l'served there until I bePeve the 29th of September, 1919. 

At wh'Ch time you returned to America?—A. l>s. 

Q. I believe for the greater part of your life you have been a voter in the 
Democratic Party?—A. Yes. 

(). State whether as of counsel for Dr. Gampbell, the contestant, you prepared 
any list of the voters in Iredell County wh.o paid their .poll tax and of any who 
had not paid their poll tax and explain such list’?—A. Mr. Lee and I prepared 
a lisE of those who had paul their poll tax from the stubs furnisheil us by the 
sheriff of the county. At times I would call off the stubbs and IMr. Lee would 
copy the names and at other time he would call off and I would copy. 

Q. That was from the stub from the official receipt book of the tax collector 
of Iredell County?—A. Yes; 1919 taxes. 

Q. From what custodian did you get those?—A. Sheriff. 

(J. How were they made, in print or long hand?—A. The name and amount 
of the tax were written in figures and letters, the other part of the receipt was 
printed. 


1272 


CAMPBET^L VS. DOUGHTON. 


Q. Where are those stub records now, if yon know?—A. I do not know. 

i}. What disposition did yon make of them?—A. I returned tliem to the 
sheriff’s office. 

Q. Now, proceed to descril)e tlie mode of obtain ins: these names?—A. We 
simply took each township separate, of coni'se, (‘very stul) hook and proceeded 
to .s:o through and take off the names appearing thereon tha^ had been stampc^d 
pa d on or before May 1, 1920. 

Q State whether y<Hi put those to themselves?—A. I niade a list of each 
township. 

(}. Those stamped paid before May 1, 1920, for the tax year 1919?—A. Yes; 
aiui any stubs we conld not read plain we pnt the nnmher down. 

Q. State if yon made a separate list of th( 3 se paid taxes subsequent to 
]\Iay 1?—A. I did not at this time. 

Q. State whether in th.e list which yon made yon gave the ages of the tax¬ 
payer?—A. Those that had not paid a list that T afterwards made from ('ach 
township had not paid their poll tax T checked the r(‘gistration hook and ascer¬ 
tained the ages by the registration book. 

Q. So the ages which yon gave are tho.se copied from the registration hook 
of the election precincts?—A. That is the way I arrived at the ages of those 
liable for poll tax. 

Q. State whether y<m have before yon snch list?—A. I have a partial list 
here. At onr former hearings here we .snh])mnaed somewhere in the neigh¬ 
borhood. more or less, of this list to come here and testify as to their politics 
and whether or not they paid their poll tax. 

Q. That is the list yon took from the records, the registration hook did not 
show poll tax paid as per yonr (‘xamination?—A. Yes. 

(}. What was the residt?^—A. The re.'^idt of th<>se examinations here, roughly 
speaking, about 60 per cent had their tax receipts. 

Q. The remainder?—A, (’onld not be found or for some reason did not come 
here or I might have overlooked examining them while they were here. 

Q. Yon say of those that did rei)ort and pnt on the witness stand as to the 
payment of their taxes about 05 per cent had their receipts?—A. Yes; about 
65 per cent, that is my estimate. 

Q. And the I'enniining, abont 35 per cent, had not paid?—A. It might run a 
little higher. Mr, Britt. 

Q. Yon mean those who had not?—A. Yes; might have rnn as high as 40. 

Q. State, if yon have nnmbered and if yon have not numbered, those who 
swore upon the witness stand had a form of release from the comity commis¬ 
sioners of Iredell Comity?—A. I do not know; there was a considerable amount 
of them mider the impresshni that they had been exempted by reason of an 
order made by the commissioners, but what amount I don’t remember. I 
conld possibly a.scertain in a little while. 

Q. Yon have already stated, if I rightly understood, that yon took a list 
which was checked by Mr. Lee of those who had not paid their poll tax on or 
before INIay 1 for tlie year 1919, and I ask yon if yon afterwards compared the 
stubs of the county tax collector of Iredell Comity to see if any additional ones 
had been added or subsequent to May 1 or prior thereto, if so, what results?— 
A. I have not looki'd at the stubs since then to ascert;un if tlnwe were any 
changes or not. 

Q. State whether tl e books or blotters yon have Ix'fore yon are public records 
or private records extemiioiizcM by yonr copy of names.—A. Private records. 

Q. State aga n whether tluw were checked by yon and ]Mr. Lee with a view 
of getting them correct.—A. lie would call the name and I would enter the 
date, the name, and the amount of taxes. 

Q. Th.at s, yon mean to vsay yon so conducted the making np of the list as 
to make each a check-on the other, so as to have a correct list?^—A. That is my 
intention: I had to have a list as corr(‘ct as it conld be made, 

Q. State whether, in yonr judgment, the list is correct according to yonr 
nnderstanding.—A. Approximately correct, I shonld say. I feel sure there 
will be some mistakes throngh tin's list; might rnn from 2 to 5 per cent, 

Q. I will ask yon to take those blotters and entries which yon made therein 
and state from what pages to what pages they are found and also what snbse- 
qnent action in this hearing was taken in regard to them by yon that yon ex- 
})la'ned and purported in fnll as yon understand them.—A. The record that IMr. 
Lee and I made of those who had paid their poll tax on or before May 1, 1920, 
as shown by the stubs of the sheriff’s office; that record begins on page 1 and 
concludes on page 104. 


CAMPBELL VS. DOUGHTON. 


1273 


Q. Is that for all townships in the county?—A. Yes. 

Cl he contestee, K. L. Doii,c>:hton, objects to all this evidence with reference to 
the i)oll tax list as appears in the blotter of the witness for the reason that 
no notice was j^iven to the contestee of the purpose of this evidence or their 
intention to introduce it; that the same is new matter and is not responsive t(.' 
the evidence of the contestee developed diirhii; the course of taking of the testi¬ 
mony (hiring the time allotted him by the Government. 

Contestant through h s counsel rejoins to the objection offered by counsel 
for the contestee and states that the contestant is not reciiiired to give notice 
of such test moiiy and that the testimony in question refers to testimony to 
the same point considered in Ihe original hearing and attempted to be con¬ 
troverted by the contestee. 

The contestee reads into the record : 

‘‘ The laws enacted by Congress and the regulations governing contested- 
election cases provide that the contestant shall have 40 days in which to 
take testimony and the contestee likew se to have 40 days in which to take 
testimony. And the rule gives the contestant 10 days for rebuttal of testimony 
taken by contestee. Based upon tlK'se regulations and upon every ride of equity 
and of justice, contestee avers that during the 10 days, or any part of same, 
now occupied by contestant he has no legal nor moral right to present new 
niatt(‘r or place anything in the record save and except evidence in the nature 
of rebuttal to the testimony taken by the contestee. And any evidence taken 
in v'olation of said rule and regulation will be contesti^d before the election 
committee on the ground that the .same is incompetent and unjustly prejudicial 
to the cause of the contestee. And contestee will move before said committee 
to have all evidence taken in controvension to said rules and regulations 
stricken out.” 

To the foregoing statement offered by counsel for the contestee, counsel for 
contestant rejoins by saying that the statement offered has no proper place in 
this record for the reason it is a statement of contention of law and not a 
question of facts, and as to the notice thei-ein given of a purpose to challenge 
the testimony now being givcai on a breach of contested cases, contestant 
thr(3ugh counsel says that he is ready for the trial for the issue of its com¬ 
petency. ) 

A. On page 89 there is a list of names appearing in pencil, which is simply the 
last names appearing on the stub book in State.sville inside, wliich were not in 
alphabetical order, and for the convenience of checking these names were put in 
alphabetical order and is no part of the list that we compiled. 

Q. They were arranged in ali)hal)etical order by whom?—A. By myself. The 
same is true on page 104, those names appearing in pencil or no part of the 
record. There are other check mai-ks appearing in pencil denoting the politics 
by inserting a D that was no pa.rt of the record we compiled, that is informa¬ 
tion has been inserted since this record was compiled. 

Q. You say the designation I) for Democrat was not on the stub book, but was 
placed there by you from what information?—A. Information brought in by 
Kepublicans fi-om various parts of the county claiming to know the politics of 
the.se various parties. 

Q. Broci^ed.—A. I pursued the same manner, obtaining the politics as calling 
the witnessi's I had subpiened here and had the same .source of information that 
I comiiiled the list that I will .submit later on, and out of approximately ovX) 
witnesse.s, more or less, we had about 9 Republicans to report. I merely state 
that to state the approximate accuracy of the information we obtained in 
that way. 

(). State in the issuance of subixenas for these alleged nontax voters you 
i.ssued them indiscriminatingly in so far as politics were concerned?—A. No, I 
issued subpeeiias for Democrats whom my records showed had not paid their 
I)oll tax. 

Q. And in response to these you say about how many responses were given?— 
A. Approximately 300. 

Q. And among them were how many Repubrcans?—A. Nine to my recollec¬ 
tion and count after going over the testimony after it was in. 

i}. Proceed w th the descrijition of your work?—A. The list that I offer here 
is a list of tho.se that did not appear at the hearing. A givat part of these 
lieojile were not found liy the deputy's who .served the subpcenas, and I sub¬ 
mit that Pst now as being a list which I have compiled from my records that 
show they did not imy tbeir poll tax on or before !Slay 1, 1920, for the year 
1919, and as to their inability for poll tax I ascertained that by checking the 


•1274 


CAMPBELL VS. DOUGHTON. 


re^jistration books for each precinct to tiiid whether or not tliey were of poll- 
tax age. 

Q. Witli what result?—A. The i-esiilt according to my information they are 
between the ages of 21 and 50 on May 1, 1919. 

Q. 'Will yon read that list and then let it go into the record?—A. Yes, sir. 
Barringer precinct, Joe Wagner; Bethany precinct, Charlie Payne; Coddle 
Creek No. 1, Edwin K. Alexander, T. V. Bumgarner, W. H. Bro\An, Edgar M. 
Brown, I. N. Clark, U. (1. Cnlbert.son, Graham Cornelius, J. H. Cloninger, jr., 
H. (u Fnrr, J. i\Iac Harr s, Ira V. Harris, Brevard M. Morrow, J. I). McGill, 
Elijah Pressley, iM. Sample, W. H. Smith, W. A. Sloop, E. B. Nelson, Lex W. 
White; Cool Springs Pi-ecinct, J. B. Eidson ; Fred M. Swisher; Eagle IMills Pre- 
c.nct, T. K. Cloninger, H. L. Norman; Fallstown Precinct, J. T. Bolib,. Walter 
Kohl); Coddle Creek No. 2, Wilson A. Brown, S. J. Brawley, W. N. Cresswell, 
W. L. Collins, Rev. J. S. Connell, W. P. Cline, Kiifns Deaton, R. L. EdwaiMls. 
F. W. Gabriel, Dr. W. D. iMcLelland, Ernest IMcLain, i\I. C. Sherrill, W. W. 
Whitman, W. R. Whitner; Concord precinct, Fred iM. Baker, Arch G. Brown¬ 
ing, Roy Browning, Jno. E. Harris, E. Milholland, Clay Wilson, Espie D.sh- 
man, R. Lackey ; Davidson i)recinct, iM. B. Clark, Z. M. Cowan, C. V. Jones, 
W. R. Kelley, B. D. Kelly, I*. W. Sm.th, Bnrett F. Tolbert, G. S. Cahhvell ; New 
Hope precinct, J. W. Connelly, W. J, \Velborne; Olin precinct, T. iM, Feimster; 
Sharpsbiirg precinct, P. H. Hix, J. C. Rowe, R. F, Stonte; Statesville No, 1 
precinct, J. iM. Fiidey, J. B. Lawrence, D. F. Lolland. J. M, Mills, R. D. IMiller, 
Samuel H. Walker, Ralph A. Stewart, W. Pi. Selby, J. P]. Wicker. W. H. Allison. 
Algie Ph'adley, James M, Bradley, R. IM. Chipley, D. iM. Ethredge, K. B, John¬ 
son, W, J, Knight, W. I). I'arker, Lock B. Simons, T. P). AVebb, O. L, Curtis, 
C. Pk Dan els, Pk T. P^'lemster, C. Mac T.aws, W. C. Sharpe, O. B. Setzer, J. 
Irwin Toml n; State.sville No. 4 jirecinct, L. B. Bristol, AV. AV. Bean, R. G. 
Church, A. T. Church, Z. M. Moore, R. G. Muse, H. C. IMcLain, Clyde IMorris, 
S. D, Miller, J. AI. Patterson, J. L. Pierce, R. L. Paory, R. L. Smith, J. AL 
Idiompsoii; Shilo preciiud, PI. L. Branch, AA’aller Clark, J. P. Deal, Glenn P^rye, 
AI. G. Aloose, C. ('. Cline; Statesville No. 2 prec net, G. G. Aust n, R. B. Dowdy, 
PI. Ak Blaylock, H. PI. P^'owle]’. R. A. Ckildwell, H. A. Kinsey. C. Pk Ia)wrance, 

A. Al. Lewis. J. Pk Alichael, AV. D. Parker, Geo. Alonday, B. Pk AI 11s, C. AAk 
Thomas; Statesville No. 3 precinct, AI. Ik P>ryant, R. AV. f>rumm, 1.. H. PIcherd, 
Ralph Pkistepp, D. A. Pdemming, R. Pk Jarvis, C. R. Kyles. T. D. Kizah, AAk L. 
Alarshall, H. Pk Alorri.son, R. A. Aloore, L. P. Alyers, L. J. AIcCormack, (). A. 
Payne, J. B.-Robimson, Pk A. Sherrill, G. PL Sherrill, G. F. Shoemaker, AI. Pk 
Stimpson, AA". D. A'anderling, J. H. AA'augh, G. F. Henkil; Turnersburg precinct, 
Claude J. Albea, O. O. Campbed, Gross R. Glenn, AAk A. Aloore, Ralph AAk Ihirks. 

Q. AAdiat list have you now in your hand?—A. List of rebates of poll tax, but 
upon my investigation I lind that they are Democratic voters. 

Q. AVhat is meant by a rebate of a poll tax?—A. It is a certificate that a 
person gets from the register of deeds that entitles him to credit in the sherilf’s 
oliice and by us ng that he does not have to pay in any money. 

Q. By whose authority are the.se certificates issued?—A. it seems that these 
certificates were issued by the autliority of the commissioners. 

i}. You mean the board of county commissioners?—A. I take it was I just 
investigated the stubs and register of deeds office and found these names. I 
was investigating the day book in the sheriff's office and found other names 
that had been mentioned in their various records and as having been rebated, 
and I made up this li.st principally from the records in the sheriff’s office. 

Q. Upon what grounds or pretex were such rebates allowed?—A. Alany of the 
stubs mentioned the fact that he was a soldier in the United States Armv and 
others mentioned he was a farmer. 

Q. So then is it not a fact that the board of county commissioners of Iredell 
County relieved the soldiers in the late war from the payment of poll tax on 
their own authority in many instances if not in all and that in other instances 
when liiey had been i)aid they were refunded by rebate?—A. I don’t know 
whether they were ever refunded ; I don’t know whether this money was ever 
paid or is a list, a promiscuous list of the people who were rebated. 

Q- By precincts?—A. I believe most are scattered over the county. 

Q. Proceed with your list.—A. On this list I find AV. Press Sliarpe Frank 
Deaton, Dr. AAk Pk AVilson, Pk E. Plyler. R. L. Bustle, L. C. Lewis, J G Lewis 

B. AI. Garrison, AValter AIcLain, C. L. Gilbert, H F. Thompson, O. Al. AIcLelland’ 
John D. Patter.son, ().scar Payne, H. S. Grose, T. R. G. Kerr, J. PI. AIcLelland’ 
Thos. H. AIcRarie, Godfrey Kimball, AV. B. Turner, AAk AI. AAkilker H c’ 
Alexander, Harry Abernathy, Flake Chipley, Loyd Cutting, and L. C. Goixliii. 


CAMPBELL VS. DOUGHTON. 


1275 


Q. 'What (lid yon do further hi connecfon with these lists?—A. I also have a 
list that I prepared here by checking my poll tax list with the day book in the 
sheriff’s office. 

(}. hat is the (hiy hook 'n the sheriff's office?—A. It 's the hook in which 
the deputy or the sheriff, who ever accepts the taxes paid in, entered ; in other 
words, when a man pays h s tax the deputy turns immediately to the book, puts 
his name down, the townsh p, and amount paid in. 

1,1. Stat(' \viK t (!' ii \vas liL.DUc record;—A. It was. 

Q. hat list did >(,u compare' with t?—A. INIy poll tax list that I prepared 
here, of names tlmt v/erc' on my poll tax list as appeared as having been paid 
before H.Iay 1, 10110. 

Q. State whether this was suhseeiuent to the comparison originally made 
by you and Mr. Lee?—A. It was. 

Q. W th what result?—A. I find on IMay 1, 1020, A. B. Culp, of Coddle Creek, 
does not appear on the d->yhook, whereas according to the stubs and our records 
he had paid on IMay 1, 1920. F. IM. Moore, of Cool Springs does not appear on 
the da.v hook IMay 1, 1020, accord ng to our record made up from the stub; 
his stub showed he paid his taxes on that day. R. L. IMorr son, Davidson pre¬ 
cinct ; according to our records his stub showed he paid on IMa.v 1, hut I could 
not find his name on the daybook. C. IM. Ell ott and W. (1. Elliott, Shilo Town¬ 
ship; according to our records made from these stubs they had been pahl on 
May 1, hut I do not find the r names on the daybook. J. II. Montgomery, States¬ 
ville Township, inside; I do not know which ward he lives in; according to our 
record made up from the stubs he paid on May 1; according to the dayh(X^k 
I do not find his name. J. C. Morrison, Statesville precinct. No. 3; I was unable 
to find h s name on IMay 1, although our records show he had paid on that 
day. April 30, J. W. IMcCoy, Chamhershurg; it appears he paid oh April 30, 
1020, from our records; I could mA find his name on the daybook. L. L. Web¬ 
ber, Concord precinct; from our records he appears as having pa d on April 
30, 1920; I could not find his name on the daybook. John D. Patterson, States- 
V:lle, No. 3, appears to have paid his poll tax on April 30, accord ng to our 
records, and I could not find his name on the daybook for *April 30. W. A. 
Sloan, Statesville, No. 2; it appears from our records he paid April 30, but I 
could not find ii s name on the daybook of that date. These two days are as far 
as I cliecked. 

Q. You have already stated that you were a soldier. I ask if you were 
among those receiv ng a rebate?—A. I did and my tax was shown as having 
been paid on the record and merely rehated. 

That is to pay your taxes were shown as having been paid within the 
proper time?—A. Yes. 

Q. Proceed with further statements?—A. In comp'ling these records, of 
course, we did not take off names unless there was a poll-tax charge on the 
stub, the pencil mark run through the poll tax; of course, we did not take off 
that name. 

At th's time the attorney for the contestee asked Mr. Casher the following 
cpiestion : 

Q. IMr. Cashei-, what are your politics?—A. Republican. 

Q. Proceed, IMr. Dulin.—A. I checked the list of those in Chamhershurg 
Township, which we had Mr. White tesffy as to their politics; I checked that 
list with the registration book to ascertain whether or not they were of poll- 
tax age. 

Q. With what result? Have you a sepai-ate list?—A. I have a separate list, 
but he testified to that list when he was on examination. 

(}. It is already in the record?—A. Yes. 

(}. Is there any other matter?—A. That list, if I am not mistaken, that he 
testified to. I am satisfied that there are one or two names that he testified that 
were not of poll-tax age. 

Q. To which he mistakenly testified?—A. I thiidv he was correct; I think the 
registration book is incorrect. Ralph Mills is one of the parties, and I don’t 
know who else. 

Q. The list of names read by the witness Casher this morning for the purpose 
of identifying their politics was, I believe, ])repared by you?—A. This book 
which I h()Id in my hand is a list of the voters in third ward, city of Statesville, 
November 2. 1020," and was prei)ared from a list kept by the Republican in the 
third ward precinct on that date, 

Q. State wluAher as you rea(i it for the witnes's Casher this morning yon 
read it correctly as i)repared from that list?—A. I prepared this list from that 


1276 


CAMPBELL VS. T30UGHT0N. 


list, except that list was not in alphabetical order; and I prepared this in 
alphabetical order, and the names 1 called this morning was called correctly, as 
It appears on tins list. 

Q. You are vouching for them oidy as they came up in the way you indicated 
now?—A. Certainly; I don't know whether the other list was correct, and I 
don’t know whethei’ this is correct or not, hut the names I called this morning 
I called correctly as they appear on th'is 1 st. 

Q. Is there any other matter or fact which you wish to state under oath in 
connection with this matter, as relates to the list you prepared or any other 
matter in that connection?—A. After I prepared this list why, of course, our 
next plan was to ascertain the polit cs <if each person who voted ; and we had 
various methods of ascerta.ning what the politics of these people were, and 
after that I gave this book to Mr. (’asher and told him to ascertain the politics 
of these various people—-find out whether they were Democrats or Republicans, 
and so indicate it with a D. or R., as he found. Mr. Casher was a resident of 
the .ward, and had been here some time, and familiar with a lot of people, and 
he took this book and spent several days ascertaining this information; and, as 
he found out the politics of a party he would put down a 1>, so he told me; and 
in preparing th s list for him to testify to I took him and went over this list, 
and as we went over the list he looked at the name and looked at his D. to 
ascertain v;hether or not he had made the I). or not; other words, he had imule 
the investigation or not, and as he indicated he knew the politics I put an O. I 
could have put an O. K, but saved the K; and that is the way this l.st wasi 
prepared as to the names he swore to. 

Q. So the initial as to whether they were Democrats or Republicans was 
put there on the authority of iMr. Casl'ier?—A. He put it there himself, or so 
he reported to me, and as to the parties he testified to there this morning 
I am unable to find any parties by that name on my copy of the third ward 
registrat on book which I have before me. I would not swear those parties 
did not vote in some other name or that they d.d not vote with an added 
initial, but I have not l)een able to find the exact names of those parties on 
the registration book or on my book that I compiled from the registration book. 

Q. Do you kmfvv the witness .1. T. Casher?—A. Yes. 

Q. How long have you known him?—A. Ten or fifteen years. 

(}. Do you know h s general character?—A. I do. 

Q. What is it?—A. (food. 

Q. Is there any other matter or fact which you wish fo state in connection 
with the.se lists or any matter relative thereto?—A. There is a good number 
of other names appearing on this hook I am unable to locate on this third 
ward registrat on book; what their politics are I don’t know; we have quite 
a number of them indicated; we used the same system of indicat.ng what their 
politics were as we did on the poll tax record. 

Q. IMr. Dulin, state whether some question has been raised in regard to the 
presence of the registration book of the third ward, Statesville. I ask if you 
know whe]‘e that registration book is now?—A. I do not. 

(}. Has^ it in any wise been removed, interfered with bv you in any wav?— 
A. No. 

Q. You have no knowledge of where it is?—A. I do not. 

(,). And you have no knowledge of how it became lost after its return?— 
A. No. 

(}. State whether you took a copy of that reg'stration book?—A. I made a 
copy of that book; I hold it in my hand. • 

Q. Is there any other data or matter in that book? Between what pages is 
this list?—A. Between I and 86, inclusive. 

(}. What is the blotter which I now hand you?—A. Alphabetical list of the 
voters in third ward precinct as compiled from the vot ng list kept by the 
Republican in that precinct on election day, November 2, 1920. 

Mr. -, I offer this blotter for the purpose of putting into the record 

the pages between which the copy of the registrat on of precinct No. 3, States¬ 
ville, is contained, and ask that it be admitted and marked as “ (Contestant’s 
Iredell County Rebuttal Exhibit No. 1.” 

((Contestee objects to the introduction of this book, for the reason, first, it is 
not an oflicial record of the registered voters of third ward; second, that it is 
secondary evidence; third, that it was made up by the w tness, the active 
counsel for contestant. Dr. Cami)bell. (Counsel for contestant, in open hearing 
requests of contestee and his counsel that if within their keeping, and if it 
x^an be found by them, the regi.strat on book, original, of third ward, States- 
Tille, be produced for the benetit of the committee of Congress, and if so pro- 



CAMPBELL VS. DOUGHTON. 


1277 


(Ineed it be admitted to the record duly impounded and marked as “Con¬ 
testant s Rebuttal Lxliibit No. 2.” (k)unRel for contestant asks of the contestee 
and b.s counsel tliat the day book kept by the tax collector of Iredell County, 
|)le^ious]^^ [)ut into the record, be produced for the l)enetit of the bearinj?, duly 
impounded, and marked as “ (V)ntestant’s Oi* itinal Iredell County Exhibit 
No. 3.” Contestee, K. L. Doui^bton, through bis counsel, in reply to the above 
matter says that the original offered recoial is the pi-oper evidence to be intro- 
diK-ed or aii ollicial copy thereof made as provided by law; that a private 
copy thereof is not evidence to be considered by the committee. Counsel for 
contestant rejoins by say ng' that the contestant has asked for the original 
if it can be found ; that a copy thereof can not be made unless it ,s proven 
to be in existence; that the evidence is a copy sworn to having been made 
from it at the time it was accessible. Contestee further rejoins by stating 
that the w tness, P. P, Dulin, swore that the original copy was in his posses¬ 
sion, had been in his po.ssession, and he had seen the same; that he had 
examined it, and that he could have had an ollicial copy thereof made if he 
had so desired.) 

INIr. J. D. LI^E testified as follows: 

Direct examination by IMr. P. P, Dulin ; 

Q. Your name is J. D. Lee?—A. Yes. 

(}. AVhere do you live?—A. Norwood. Stanley County, N. C. 

Q. What is your age?—A. Forty-nine. 

Q. Yh)u are a Republican in p{)litics and voted for Dr. Campbell last elec¬ 
tion?—A. Y>s. 

Q. And you have also assisted in the preparation of his case by looking up 
testimony?—A. Yes. 

Q. You have heard the witness Mr. P. P. Dulin recite the way and manner in 
which certain list of voters relative to the payment of their poll tax had been 
prei)ared in conjunction witli you; state for the benefit of the record whether 
you assisted him in the prepartition in the way and manner set out by him.— 
A. Yes; I think he gave it correctly, as we took the names from the tax books 
and i)ut them on this book here. This is the book that contains the names that 
we copied from the tax books that he said came from the sheriff’s office. 

Q. Did j'ou and he by checking or calling the names verify them from the tax 
collector?—A. Yes. I wanted to go home, and he said he wanted a man that 
would be particular and cautious and he felt like was as nearly accurate as 
possible to help him transcifibe these b(>oks, and insisted on me staying, and I 
stayed. For instance, I would call a name and he would call the name, and then 
he would write it. He did that in order that we might not misunderstand in 
the initial and in the name i)roper. * 

i}. In your judgment, were the lists as prepared in the way you indicated and 
certified in the way you say^ by you and him reasonably or approximately 
correct?—A. I think it was very nearly absolutely correct. 

Q. Is it your judgment that they are as correct as such clerical or statistical 
work could be reasonably done?—A. I think so. I was for about six years in 
the Mail Service, in which we had an examination about every month of a test 
case of reading names and addresses and then placing them where they 
belonged according to the post route and post office, and I always made on 
examination, except the first one; I made 95 per cent on the first; after that I 
run from 98 to 100 sevoi-al times—several times made 100 per cent. I handled 
over 1,200 names; that is the record in the Railway IMail Service. 

Q. That is sufficient (pialification; I ask you, then, if in your judgment, upon 
your own knowledge, you reasonably believe these lists are correct?—A. I think 
they are. 

Q. Mr. I.ee, you have indicate<l to me that you desire to make a statement con¬ 
cerning this case on a matter of refiection in that you had in some way had 
conve.yed to you the rumor that in looking up the matters and facts in regard to 
the case of the cont(>stant you had offertNl to procure testimony in return for 
influence in getting offices or favors; I ask you if I am correct in quoting you 
that rumors in connection with this case have been conveyed to you?—A. Yes, 

sir. . 

Q. I ask you whether at any time either before or after the election in the 
district whereof you have heard directly or indirectly offered any person any 
office, patronage, 'inlluence, or favor for any testimony, service, or other things 
on behalf of the contestant in this case?—A. Absolutely not. 


1278 


CAMPBELL VS. DOUGHTOI^'. 


Cross-examination by Mr. W. D. Tuener : 

Q. You have ])een very active for Dr. Campbell?—A. Yes. 

Q. Been manasinf? his case?—A. I have l3een helping in any way I could 
legitimately and lionorably do so. 

(>. Several months?—A. Since about December 1. 

Q. Not only in Iredell but other counties?—A. About all the counties we have 
under contest. 

.Q. Have you helped him in raising funds?—A. .lust a little. 

Q. About how much did you succeed in raising for him?—A. About $40. 

Q. Yon don’t know anything about how much Mr. Dorsett raised?—A. I do 
not know. 

Q. Do not know approximately?—A. I have not heard him say. 

Q. You know he has sent letters over the State soliciting funds?—A. Y’'es. 

Q. And Ilepublican friends have been responding some?—A. I think they ought 
to have liberally. 

Q. And you came up and helped IMr. Dulin make the record?—A. I helped him. 

Q. Did you see tliat registration book from which he made the list?—A. I 
don’t think I did, Governor; I had no business with that. 

Q. Did you help him in copying as to the men vot ng in the third ward?— 
A. No, sir. 

Q. Did you help him in his copy of the rebates of poll tax?—A. No, sir. 

Q., Did you help him in his list in regard to the nonpayment of poll tax?— 
A. I will say. Governor, I did not help in anything except copying the tax stubs 
testified to in this book. 

Q. Do you have any idea how many tax stubs there are in Iredell County?— 
A. I believe 16 or 22. 

Q. Sixteen townships and 22 voting precincts?—A. That is the idea I got. 

Q. In those 16, I presume, there are some 8,000 or 7,000 taxpayers?—A.. I 
don’t think there are that many polls between 21 and 50. 

Q. Did you go over those 5,000 or 6,000?—A. We went all through those 22 
stubs and copied them oif. 

Q. You mean cojued the name off or certain ones?—A. Copied the name 
showed as having paid poll tax for 1919 on or before May 1, 1920. 

Q. You cojued tbe names that were jurd after May 1, 1920?—A., The list we 
coined were those that had juiid their jafils prior to the 1st of iNIay, 1920. 

Q. If I understood you correctly, that is the only list?—A. Yes. 

Q. You did not rememl)er any of the names if I called them over?—A. Not 
unless they were some very peculiar or odd name. 

Q. I ask you if you have on your list the name of .1., A. Chandler, in Bar¬ 
ringer Township?—A. I don’t see it here. 

Q. Did you cojw that as having been paid prior to May 1, 1920?—A. This is 
the book we use<l. I read the name, and this is Mr. Dulin’s writing on this page. 

Q, You think it is substantially correct?—A. I do. 

Q. Look at that stub and see if it is not endorsed paid November 18, 1919, 
and poll charged—A. I do not know that that is polls I just read according to 
the lines that read descrii)tively. 

Q. You don’t have any dist net or indei)endent recollection of that at all?— 
A. No. I will say this: In my experience with that book that if there had been 
100 on there in that form I would not have copied any of it, because the poll 
tax is marked out with a black mark. We did not cojiy it because we did not 
think it was due. 

Q. Have you W. A. Sloop on that list?—A. Yes; he is here. 

Q. As having paid or not paid?—A. AVe have him down here as paving $22.09. 

(}. Wasn’t he subjxenaed up here?—A. I don’t know. 

Q. The object and i)uri)ose in making out that list was to show they had not 
paid their ju)!! tax?—A. He dd not go into—tell me specifically wdiat the object 
w'as; only he w'anted me to help him to do it accurately and just show^ed they 
had not paid their poll tax on or before IMay 1. 

Q. That w^as your object?—A. Yes. 

Q. The iuiri)ose w^as to show all voters had not paid their tax wuis disqualified 
by reason they had not i)aid their poll tax on or bef<u-e IMay 1?—A. Yes ; we 
w’anted to d scover who wuis eligible, having jiaid their j^oll tax. 

Q. You knew' of the agreement here betw’een thel Republicans and Demo- 
crjits?—A. I had heard of that; Mr. Doughton told me about it in Salisbury. 

Q. That is, they w'ould not challenge for the^ noni:)ayment of poll tax?—A. I 
(lid not know' of it of my own know'ledge. 


CAMPBELL VS. DOUGHTON. 1279 

Q. They did not have any sneli aseeeinent in Stanly?—A. I was away at tlie 
time; I do not know what arrangement they made. 

(}. They told yon here at the beginning of this contest about this agreement?— 
A. Oh, yes; they mentioned it. 

• Q. Mr. Wa.gner, Sharpe, and others?—A. Wagner and Bristol the only ones, 
T had seen a good deal of it in the papers, I saw Tom Host’s article about it. 

(That this testimony and all testimony relative to the agreement in Iredell 
County as to poll tax, contestant objects that it is imiu’oper cross-examinat on 
and has been gone into repeatedly by counsel for the contestee.) 

Q. So you were helping them to violate that agreement?—A. Well, I had 
notldng to do with the agreement and Dr. C’amphell hi'oadly stated to me when 
it lii’st came out, I thiidv the first I saw of it was in the newspapers, he said 
he. did not concur in the agreement in the heginning and that he was not a 
party to it. 

Q. He knew of it then, Dr. Campbell?—A. I think Mr. Sharpe, I think he 
said somebody mentioned it to him and he would not agree that he would he a 
party to that. 

Q. He knew of tliat agreement when he was candidate for Congress?—A. I 
don’t know what time that was. 

Q. I ask you about the time before the election?—A. I could not he positive 
it strikes m.e he told me it was mentioned to him before that time. 

Q. I thought you started telling that a moment ago?—A. I am not sure when 
it was he told me somebody mentioned it and he did not concur. 

Q. I ask you as a reasonable (piestion if he did not concur he certainly 
must have heard of it?—A. That explains itself. 

Q. You were one of his managers and active in the contest, you say you did 
know of this agreement before the election?—A. I am not positive as to that. 

I thought you said you heard it during the campaign?—A. I followed that 
by saying I could not he positive as to whether it was before or after, it was 
before this contest started. He said he was not going to he hound because he 
was not a jairty and he was going to take the advice of his counsel. 

Q. Don’t you think he ought to abide by it? 

(Contestant objects to the counsel moralizing on this threadbare question.) 

Q. Then, I reasonably infer like we got the other question that you approve 
of it otherwise you would not be active in this campaign?—A. I don’t feel I 
would feel hound by it. 

Q. You put that on the ground you are not a citizen of Iredell?—A. I would 
not want to he hound by a contract I did not make unless I had indorsed them 
and concurred in them. 

(). Do you remember Mr. John Sharpe swearing, he had a letter from Dr. 
Campbell saying he would not be bound by it, you remember that don’t you?— 
A. I can’t say that I would swear that I remember that. I suppose the evidence 
will show. 

(}. Now, did you mean in your investigation with Mr. Dulin to see what 
soldiers were qualified voters as well as otheigcitizens?—A. Nothing said about 
soldiei's. 

Q. You had an agreement in Stanly to not challenge soldiers?—A. I don’t 
know. 

Q. Didn’t Camiibell go before the commissioners and ask them not to chal¬ 
lenge the soldiers?—A. I never heard him say so. 

Q. Are they challenging them down in your county?—A. I don’t know how 
it stands, I think they are putting it on the ground leaving it up to Congress. 

(Contestant objects to this question for the reason it is improper cross- 
examination and further for the reason that it relates to other testimony that 
has been-given repeatedly.) 

A. I want to say I have not tried to understand as to what position they 
took on it down there. 

Q. If they don’t challenge them in Stanly is it right to challenge them in 
Iredell and Rowan? 

(Contestapt objects to this question for the reason that the witness has no 
authority either morally or legally to establish rules for this contest.) 

A. That is up to the commissioners whoever had authority, there might be 
different reasons for challenging. I think it should be uniform if it is for the 
same reason. , If it is right in the beginning, one condition of an action taken 
in regard to condition in one place and second condition elsewhere, if it is 
right it ought to be recognized. 


1280 


CAMPBELL VS. DOUGHTON. 


Redirect exainination: 

Q. Do yon know of any nnml^er of Kepnblicniis and Democrats who have 
authority to get together and waive the constitution?—A, I do not. 

(>. I ask yon if yon do not know to agree is to waive both the constitution^ 
and law of North Carol'na?—A. I wonld understand it that way. 

Q. Referring to this list yon assisted Mr. Dnlin in making, I nnderstnnd yon 
to say yonr function in it was conlined to confirming what Mr. Dnlin copied?— 
A. I was acting in the capacity of assistant in the clerical pert of it. 

Q. Governor Turner in his cross-examinaiton pointed ont certain entries, I 
don’t know at this thne which one, as a matter of fact of yonr own personal 
knowledge yon don’t know when or by whom many of ti\ese were ma<h'?— A. No. 

Q. Yon were called on the stand in behalf of the contestant and I ask yon 
if yon have anything else in mind yon feel yon should bring to attention?—A. 
No; I have nothing else to say. 

Mr. J. T. SUMMERS testified as follows: 

Direct examination by Mr. P. P. Dulin : 

Q. Yonr name is J. T. Summers?—A. Yes. 

Q. Where do yon live?—A. Tnrnersbnrg, Clan Township. 

Q. Do yon know R. A. Self?—A. I personally know R. A. Self, 

Q. Do yon remember meeting him here in Statesville* on or about July 21, 
1920?—A. I remember him coming here with me. 

Q. Do yon remember any conversation yon had with him in regard to paying 
his tax?—A. I do. 

Q, Well, will yon please state what he said?—A. He made mention he mnst 
go down and pay his taxes an dasked me to go along with him; Says, “ I believe 
I will go down and pay my taxes and get Alexander to fix it back so I can 
vote.” 

(}. Did yon go to Mr. Alexander’s office with him?—A. I did. 

Q. Did yon come away from the office?—A. I did. 

Q. What did he state to yon as he came ont of his office?—A. After we started 
to leave the courthouse I said, ” Did yon get it fixed the way yon wanted it ” 
and he said he did. 

Q. Do yon know his tax receipt if yon saw it?—A. I think so. 

(Contestee objects to all of this evidence, as it is new matter and should 
have been brought in at a former hearing.) 

Q. Is this the tax receipt of R. A. Self?—A. Yes; I think it is the one he 
sent me. 

Q. He sent yon that receipt from where?—A. Gastonia. 

Q. Have yon seen him any time recently?—A. About four months ago. 

Q. Did he tell yon at that time whether or not he paid all his taxes at the 
time mentioned above—July 20?—A. I asked him that cpiest on and he told me 
he ])aid it all at that one time. 

Q. What is the total amount of that receipt, INIr. Summers?—A. $4.21. 

Q. What is the marginal entry on that receipt?—A. Entered by check, $3.93, 

Q. What is the date?—A. Fourth month and thirtieth day. 

Q. He stated at the time he came ont of the office, and has stated to yon 

since, that he paid all of his taxes on .Inly 21?—A. No; he did not state as he 

come ont of the office, bnt ho stated this fonr weeks ago, and told me when he 
come ont of the office as we were leaving, that he got it fixed. 

Cross-examination by Mr, W. D. Turner: 

(}. I ask yon if yon do not see, that on the SOtli day of April, he paid 
$3.93?—A. It appears that way. 

Q. And $3.93 is the amount of the poll tax marked there?—A. Y^es. 

Q. Look and see the stub, and see if it does not show on the 30th of April 

it shows $3.93 paid?—A. Yes. 

Q. And if it does not show here stamped April 30?—A. I see no April there; 

I see July. 

Q. Those correspond and both show exactly the same date, the one on the 
receipt and one on that $3.93?—A. Oh, yes. 

Q. And down here it is paid Jnly, the balance of it?—A. Sure. 

Redirect examination: 

Q. Bnt he told yon he paid it all when he was down here with yon on or 
about .Inly 21?—A, He told me he paid it all. 

Q. He sent yon this receipt?—A. He sent me this receipt by mail. 


CAMPBEO. VS. DOUGHTON. 


1281 


Recross-examiiijition: 

Q. The receipt and stiil) coi-respond?—A. I noticed tliat. 

Q. liat is yonr ])olitics?—A. r>o I have to tell that? I am a Ttepublican. 

Q. ^^’hat is the other man’s politics?—A. The other man is a Republican, too. 

Redirect examination: 

Q. D'd the sheriff know his politics at that time?—A. I wont sav positively, 
but I don’t believe he did. 

Recross-examination : 

Q. ]\Ir. Self voted foi- Dr. Camphell in the last election?—A. I can’t sa.v, 

Q. He voted a Republican ticket?—A. I don’t know whether he voted at all or 
not. He lived at Gastonia at that time. If you permit me to sav this, I am 
just tellinj:: what he told me. 

Q. He did not tell you where he voted?—A. He said he did not vote at all. 

Q. Where was he on November 2?—A. Gastonia. 

Q. You don’t know whether INIr. Sharpe paid that poll tax for him. Hr. John 
Sharpe, he swore he paid six; is that one?—A. I can’t tell you about that. 

Hearinjrs resumed iMay 5. 1921, in the matter of James I. Campbell, contestant, 
'/•. Robert L. Doui^hton, contestee, in the eisjhth conirressional district of Nor^’~ 
Carolina, Irerlell (’ounty, in the coindhouse, city of Statesville, before J. A. 
Stewart. notar.v public and commissioner of testimony; appearinc: for con¬ 
testant, P. P. Dulin ; contestee, Lewis & Lewis and W. D. Turner. 

Hr. P. P, DuniN. I want to state that the book which has been introduced in 
the record as copy of third ward rej?istration book is a copy of the names only 
and are rearran. 2 :ed in family name j^roups. 

Hr. P. P. DULIN testified as follows; 

Cross-examination; 

Q. You are counsel for contestant, James I. Campbell?—A. Yes, sir. 

Q. And have prepared his case in Iredell County?—A. Yes. 

Q. You have done principally all the work getting up the facts relative to this 
contest in Iredell?—A. A good part of it. 

Q. Y’’ou have been his most active attorney?—A. Yes. 

Q. I believe you stated you prepared a list of those who paid their poll tax 
from the stubs of the sheriff’s office?—A. I did, together with Hr. Lee’s help. 

Q. And after preparing that list you subpoenaed those you thought had not 
paid their poll tax on or before Hay 1?—A. After checking that list with the 
voters in the various precincts, I subpoenaed those that appeared as having failed 
to pay. 

Q. And there were about .SCO subpoenaed?—A. Well, there are about 350, and 
the names that are on the list submitted yesterday were on those lists in the 
hands of the deputies, but most of them were not found or served. 

Q. Then some three hundred did appear?—A. About 350. 

Q. And of that number about 65 showed tax receipts; that they had paid 
their taxes on or before Hay 1, 1920?—A. Somewhere around 50 to 65 per cent. 

Q. So, then, you faih'd to be accurate in the amount you judged as having 
paid their taxes from looking at the tax book?—A. I don’t know about that. 
I did not see them pay, and do not know whether they paid or not. I was going 
by the record; that is what I testified to. 

* (j. Now, these taxpa.vers you had subp(pnaed wei'e they not at the same time 
compared with the stubs on the book?—A. In some instances. 

Q. And they correspond with the stubs?—A. I did not pay particular atten¬ 
tion to that. I d;d not pay any attention to see whether they corresponded or not. 

Q. Rut you were present when they were cross-examined?—A. I was. 

(}. You remember many (piestions were asked about when they paid it?— 
A. I\Iany of them were comi)ared but not all by any means. 

Q. Y()u i-emember tbe list you read here. Hiss INIcClendon, who is deputy and 
who is hookkeei)cr?—A. I remember her. 

(). You remember she had what she called a day book that showed when 
each tax was i)ai(l by the taxpayer?—A. I remember a book being called into 
court which they called a day book, but I did not think it was a day book. 

Q. I will ask you if she did not show from her book the date where 65 per 
cent of these taxes were paid?—A. 1 would not say 65 per cent. Governor. 

Q. About how much?—A. I don’t know; you would have to go to the testimony 
to get accurate information. 


57695—21 


81 



1282 


CAMPBELL VS. DOUGHTON. 


Q. And you saw that book that you have referred to kept by this young lady, 
the deputy sherilf ?—A. I see it now. 

Q. Wasn’t it in court when she was on the stand?—A. Yes. 

Q. Don’t you see it is all entered down on that book just as it was paid and 
no space left?—A. I never paid particular attention to the book. 

Q. I will let you look at it now.—A. This appears to be a very neatly kept 
book, 

Q. And it would also appear there at the time the tax was paid; it was en¬ 
tered at the time?—A. I could not swear to that. 

Q. It appears that way?—A. I could not tell from the book; I know entries 
are made, but who made by or if they are correct, I do not know. 

Q. I am trying to show you there is no vacant space for new names and ask 
you if you see any erasures on the book; I ask you if you see anything on the 
book that would suggest there has been a change in it?—A. 1 could not answer 
that without checking this with my entire record of poll tax. 

Q. You are looking at the book now; do you see anything irregular now?— 
A. I have no information to tell whether it is regular or irregular. 

(J, Does it appear to be regular or irregular?—A. I have never checked this 
book and unless I had done so 1 could not say whether it is regular or irregular. 

Q. I am not asking you that; I am asking what it appears?—A. There is no 
appearance of regularity or irregularity. 

i}. And so far as you see it was accurately kept?—A. I don't know anything 
about that; I could not testify about that. 

Q. You stated in making out this list you examined the stubs kept by the 
sheriff: those stubs were stamped showing payment?—A. Yes. Which list are 
you talking about? 

C^. In making out the record of voters who had and had not paid their tax?— 
A. In making up the poll-tax record which showed those who had paid taxes 
those receipts would show they had been stamped paid on certain dates and we 
entered them on our book according to that date on the stub and when we 
found a stub with a poll-tax charge on it which we could not read we took the 
number of the stub, 

Q. You say Go per cent of your subpoenas showed their tax receipt; did you 
compare them with the sheriff’s books after they were exhibited to you?— 
A. No, sir. 

Now, I understand that you made a list of the voters in ward 3 who cast 
their votes in the last election?—A. Total vote you mean Governor. 

Q. I mean you made a li.st of the names of tho.se voting in the last election?— 
A. I made an alphabetical li.st of those names appearing on the voting list kept 
by the Republican in the third ward precinct. 

(). So this book is introduced, especially page 89 is the alphabetical list 
you made out?—A. I never gave any page number in regard to that book. 

Q. But you introduced the book in the hearing for the purpose of showing 
the puri)orted voteis in the third ward in the last election'?—A. I did not. We 
introduced a book that is a copy of the names which appear on the registration 
book of third ward, that is the book we introduced. 

Q. You got that from the registration book itself?—A. Yes. 

You made that list?—A. I made that list. 

D. Do you know where that book is?—A. I do not. 

Q. You had access to the book, didnt you?—A. Yes; up until the last three 
^)r four weeks; it disapi;eare[l seme three or four weeks ago. 

(}, How long have you had it in your custody?—A. 'I'luee or four days, maybe 
a week. 

(j. That is the time you made that list?—A. That is the time I made that 
list. 

Q. V hat list was it you filed here of the voters of ward 3; from whence did 
you get those lists?—A. I hied a list of voters here for the whole entire 
county; I stated that I had been unable to get them here to testify as to 
wliether they had paid their poll tax and other qualiheations, and I made that 
list and most of that list are in that cDss 

Q. Did you make a list from the poll books of all the county‘i’—A Yes 

Q. The poll books as kept by the judges of the election?—A. No; there’is a 
mistake about that: I did not, 

Q. Then, how did you get your names of voters?—A. I got them from a 

list kept by Republicans in each precinct, except four or five townships_four 

or five. I copied the books kept by the Democrats. 


CAMPBELL VS. DOUGHTON. 


1283 


Q. Why didn’t you get the actual number and names of the voters from 
the poll hook?—A. I much preferred in many instances to use the list kept 
by the Kepublicans? 

Q. But I am talking nbout the poll books kept by tlie judges of the election.— 
A. Well, I will give you one reiison why I did not use A. In the Third one 
of the clerks heljung keep the record down there—I was informed he was 
drunk and tighting about the negro picture, and I saw Dewey lleiiner and 
asked him to keep a list. He is rel ahle and sober, and I preferred to take 
that I believed it would be more accurate in that particular case than the 
others. 

Q. AVho are the judges of the election in the third ward?—A. I don’t know— 
been reported to me, Mr. Kimble; he so testified he was a judge—and J. R. 
Alexander. 

Q. I ask you if J. R. Alexander was not the registrar?—^A. He so testified. 

Q. And W. C. IVIoore one of the Democratic judges?—A. I do not know. 

Q. Was not W. H. Kimble judge on the part of the Republicans?—A.Yes. 

(). Are they not all honest men?—A. I think so; yes. 

Q. And they were the officials who held the election in third ward?—A. 
Yes. 

Q. And you know, as a fact, as a matter of law they must keep books— 
poll books?—A. That is a question of law, as to what is a poll book. 

Q. But they were to keep a record?—A. I don’t know of .any law whereby 
they ure required to keep a lisr as they vote. If the registrat'on boo was 
properly kept every man, as he came up to cast his vote, could be checked; 
that is the practical way to do It. 

Q. Don’t you know it is necessary to keep a poll book?—A. There may be 
some provision of that kind. 

(j. If they (lid not keep a noE Imok. how c'uihl tic v tell '"’’T'^tliev too ma’^v 
names had been put in the ballot box?—A By checking every name on the 
registration book. You see. Governor, the condition of the registration book 
of the third ward was such that it was impossible to check the names as 
they came up to vote If the names had been properly arranged in the book 
in family-name groups, where the man presented himself to vote he could be 
checked on the registration book to see if he was registered; then a check by 
his name would indicate he had voted, and any other man coming up or the 
same man coming l)ack, you could see he had voted. 

Q. That is your idea of how it could have been done, but is there any pro¬ 
vision of law to do it that way?—A. I do not know. 

Q. Any way, you did not strive to find out?—A. I take it, it is a provision 
or requirement that the registration books be compiled when they are sup- 
po.sed to have qualified voters on it, and unless it is consulted in a precinct of 
over 2,000 voters when men are coming up to vote, how could an election be 
conducted fairly? 

Q. Well, the registration book ; I ask you if it was not down there alphabeti¬ 
cally.—A. In other words, it was this: All the A’s were under A and all the B’s 
were under B, but when you come down to M there are between 40 and 50 INIor- 
r sons, or iiiaybe more; and if there is a s.ngle ditto throughout the list—in 
other words, they were scrambled together; and if you wcinted to find Jim 
Morrison on that registration book, it would take you three minutes to find it. 
I timed myself in order to ascertain whether that \ras true or not; and owing 
to the votes cast in third ward they were voting in the neighborhood of three a 
minute on an average throughout the day. 

(j. So your conclusions are you could get facts more accurately from the 
Republican b(x)ks than tb.e official books?—A. I did not say that. I sa.d I pre¬ 
ferred to use tliein. They were brought into my office, and I was satisfied they 
were reliable, and they were always accessible, and whereas the others were not, 

Q. You stated you had them for a week?—A. I did have them for a week, and 
I had others aftc'r that after raising a row. 

(). You had all the others you wanted after that?—A. For some time I did 
not have access to them. 

I read into the record section 5971 of the election law for the State of North 
Carolina, to wit: “ The judges of the election shall attend at the polling place for 
wh ch they are severally appointed on tlie day of elect on, and they, together 
with the registrai* for such township, ward, or prec net, who shall attend with 
the registration book after l)eing sworn by some justice of the peace, or other 
pers<m authorized to adni nister (xiths, to conduct the election fairly and impar- 


1284 


CAMPBELL VS. DOUGHTON. 


tially, according to the constitution and laws of the State, shall open the polls 
and superintend the same until the close of the election. 

“ They shall keep poll books, in which shall be entered the name of every 
person who shall vote, and at the close of the election the said registrar and 
judges of the election shall certify to the same over their proper signature, or a 
majority of them, and deposit one copy thereof with the register of deeds and 
another with the chairman of county board of elections for safe-keeping, and 
said poll book shall in any trial for irregular or fraudulent voting be evidence.” 

Q. Mr. Dulin, this list here that you swore yesterday you could not lind those 
names on the daybook?—A. I testitied this list I did not tind these people on 
the daybook on the date which our poll-tax record showed they had paid their 
poll tax, 

Q. Where did you get that poll-tax record?—A. I made it up from the tax 
stubs in the sheriff’s othce. 

Q. And then you went to his office and got the daybook and examined it?— 
A. I did. 

Q. How long did you examine that book^ how long were you in his oflice?—A. 
I reckon an hour in the morning and maybe a couple of hours in the afternoon. 

Q- ISo you were in there three hours?—A. I’erhaps during that t.ine i checked 
over the daybook for Maj' 1, April 30, and I believe April 27. I checked some 
other individual names, and I checked the daybook, as I remembered for 2345, if 
1 am not mistaken. 

Q. Did you check the name of J. C. Morrison?—A. I checked that, 

Q. Look and see it that is the stub book that you got your information 
from.—A. This is one of the stub books. 

■Q. Now, you swore that your records showeil that INIr. Morrison, Statesville 
insxde, had paid his taxes on May 1, 1920?—A. Our records show that. 

Q. Now, you know Mr. Jim?—A. Yes. 

Q. He lives in Statesville inside?—A. Yes, 

Q. I ask you to examine the stub book of Statesville inside and see if that is 
the only sail) in which Ins name appears in the county?—A. Morrison, J. C. 

Q. What does your book show the amount of the original check was?—A. My 
book shows $32.29. 

Cj. What does the stub book show?—A. $32.29. 

Q. That is evidently the stub from which you took his name?—A. That is my 
judgment. 

(j. State when that shows it was paid?—A. It shows it was paid in 1920. 

Q. Is the date blurred on it so you can not read it?—A. It is, and we have the 
stub No. 1070 on my book, 

Q. The stub numbers correspond?—A. Yes, 

Q. I ask you to look at that right close and see if it does not show March 
23?—A. 1 can’t see the date shown. 

Q. This is the daybook from the sheriff's office, isn’t it?—A. Yes. 

Q. Look and see if it does not show J. C. Morrison originally charged $32.29; 
that he paid it on March either 23, 22, or 25.—A. Yes; it shows that. 

Q. Now, the other book in the sheriff’s olHce, which I hand you, shows that 
was paid on March 23, 1920?—A. There is an entry to that effect. 

Q. Does it show any erasures?—A. No. 

Q. And you checked it?—A. I checked on the date it appears. 

Q. Look at the name of L. L. Webber, Concord Township.—A. L. L. Webber, 
our record shows April 30, 1920. 

Q. IVhat is the number of that receipt?—A. That stub was not numbered, 
but it is doubtful as to what the date is, because we have a question mark by it. 

Q. What is the amount of the taxes?—A, $3.75. 

Q, I hand you the stub book for Concord Township. What does that show 
there?—A. That shows $3.75, and the date is doubtful. 

D. I hand you the dayl)ook of April 29 and ask you to look at that and see the 
name of L. L. IVebber.—A. I -see the name there. 

Q. Amount originally charged $3.75?—A. Correct. 

Q. Paid there April 29?—A. April 29. Appears on page 229, and this appears 
on 239, but 1 take that is the correct date. 

Q. Look at this stub closely and see if you do not see the date stamped 
on there.—A. I can see 1920. 

Q. Do you see this date right there two and something else?—A. I think 
there is a two there. 

Q. Now, look on this other book and see the name of Ij, L. Webber there.—A. 
L. L. Webber, amount $3.75; date of payment, April 29, 1920. 


CAMPBELL VS. DOUGHTON. 


1285 


in 


Q. Doesn’t that show an addition there of 16 cents?—A. There is a 16 
one colninn ; it is added at the top of tlie (‘oliiinn. 

Q. I hand yon anotlier stub liook ; look at the name of W A. Sloan—A. Mv 
record shows he paid April 30, 1920. 

Q. M hat is the nninher of that stub?—A, Tliere is a inarjiinal entry on that 
still) jiaid April 30, 1920, $4.09. We took the inarj?inal entry. 

^ }. M hat is the nninher of the stub?—A. One thousand four hundred twentv- 
six. 


Q. Does that corresjiond with yonr i-ecord?—A. We did not take the stub 
number of that, becau.se we could read both dates. 

(}. This is the daybook yon examined in the sheriffs office?—A. Yes. 

name of W. A. Sloan on the day book?—A. That looked 
like \\. A. Levan to me; I would read it for that. 

Q. What is the amount jiaid?—A. $4.09. 

Q. What is the amount shown in .yonr book?—A. $4.09 on my book. 

C.). What date does that show it was paid?—A. This is evidently the day¬ 
book for Ajiril 30. 

Q. Doesn’t that look like the name of W. A. Sloan?—A. The W. A. looks 
plain, but it looks like Levan. 

Q. This other book, what does it show?—A. Sloan, AV. A. The ledjjjer shows 
that W. A. Sloan paid on April 30, 1920, $4.09. 

Q. I’hat is what the daybook shows?—A. I never said that. 

Q. The name yon looked at, sa d looked like Levan, showed it was $4.09 paid 
by that man on April 30?—A. It did. 

Q. Could not that name be AA\ A. Sloan that yon looked at?—A. It miirht 
have been intended for that, but in the condition it is no man, unless it is his 
own writing;, could read it for Sloan. 

Q. If .von could not read that name, .von could not read others?—A. I always 
made that provision readiiys: other jieople’s work; I never testified positively. 

Q. You remember K. L. Morr’son, do yon?—A. I do. 

Q. AT)n remember him showiiyc; a check up here and you excused him?—A. I 
did ; now let’s see yonr daybook on that. 

(). This is not a complete record ; this is the correct record.—A. I deny that 
that 'S a da.yhook. 

(}. If .von will read R. L. Alorrison, Davidson Township, what does this book 
show as to when he paid?—A. It shows he paid $82 on Alay 1, 1920. 

Q. The check he had that he showed yon corresponded with that, d dn’t it?— 
A. I don’t remember the amount of the check now. 

Q. A'on know the check showed he had paid his taxes on or before Ala.y 1, and 
3 on excused h m and did not t>nt him on the stand?—A. I excused him. 

Q. And yon had him here?—A. I had him here. 

Q. And he had a check with hTn which showed his taxes had been paid?—• 
A. That is my recollection. 

Q. Look and see if you can find Ins name on the daybook at all.—A. That is 
what I testified to. I testified h s name did not appear on the daybook on 
INI ay ]. 

Q. If it does not appear on the book, it is not.an accurate book?—A. AA'ell, 
items of $82 taken in tlie sheriff’s office should he entered down accurately. 

Q. Look on the ledger which was audited by the county auditor and stamped 
by the county auditor—shows he received $82?—A. That shows that that was 
received. I do not find h’s name on the daybook of either April 30 or iNIay 1 ; I 
was under the impression Mr. Morri.son’s entr.v showed the amount on that date. 
Q. Here is his stub.—A. Yes. 

Q. Now take the name of John D. Patterson, .I’r., which you swore was paid 
on Api-il 30, look and see if .you can find that name of the daybook.—A. I be¬ 
lieve I swore I was not able to find it. 

(}. So those names do not appear on the daybook at all?—A. Y^es; some of 
them did. IMr. J. R. IMontgomery’s name appears on April 30, but I d d not 
have time to look and see what date that might have been paid on. 

Q. Mr. IMontgcuner.v brought his check here and showed you Ir’s taxes were 
l)aid on or before Ma.v I ; the leger shows his contention is right, doesn't it?— 
A, There is an entr.y on th’s book of $82 on Ma.v 1, 1920. 

Q. That is the same amount as is shown on the stub of Mr. Montgomery i.sn’t 
it?—A. That is the same amount as shown on the foot’ng and without any 
addit’on. 

Q. So, evidently, he paid his taxes on the day set out?—A. I could not swear 
to that; I have my doubts about it. 


1286 


CAMPBELL VS. DOUGHTON. 


Q. When he showed you Ins check for that amount, brought it with him, 
signed by himself, and you excused Inm, and then you have doubts about his 
paying It?—A. I have testified as to my records, 

(,>. I ask you whetlier this does not show that there was an addition of $3.86 
to that tax?—A. It shows $3.68. 

Q. Under the added column?—A, Yes. 

Q. So when you swore witiiout addition you did not exannne that record?— 
A. I swore it was on the stub book without any addition. 

Q. I ask you, then, on the stub book if it does not show he paid $85.68?—A, I 
said he paid $82 on the footing. There is $85, and it does not show anything. 

Q. Witli $3.68 added to $82 it will make that amount?—A, Yes. 

(}. And there is the amount in the center of the stub with a mug around it?— 
A. Yes. That amount is writtim, but does not indicate what it is, so far as I 
am able to tell. 

Q. So the ledger there and the stub book that you have correspond?—A. The 
amounts on this ledger correspond with the amount on the stub book. 

Q. And the dates on the ledger and yo\ir stub book entries correspond, don’t 
they?—A. The date here is May 1, 1920; they do correspond, except when this 
irem was taken off on our poll-tax record the stub was blurred and could not be 
read and we took the number of the stub, 271. 

Q. Now, you gave a list of the rebates of the poll tax; in that list you in¬ 
cluded the name of Harry Abernathy. Don’t you remember he himself was 
summoned and went on the witness stand and swore he paid his poll tax in 
another county, having lived there at that fine, and he did not pay any here?— 
A. I don’t remember as to his testimony, 

Q. You had some experience with the year 1920 taxes in rebates; you paid 
your taxes and then got a rebate?—A. That is my recollection; I don’t know 
whether I paid them and got my rebate or whether I got a rebate from my 
taxes. I am satisfied as to my 1919 rebate. 

Q. Isn’t it a fact in rebating taxes one of those is an order to the sheriff to 
allow a man a certain credit on his taxes or pay him back a certain amount 
of money when a man is charged too much and he gets a rebate from the 
sheriff’s office and they give him that money back and give him a rebate for 
the settlement?—A. I don’t i-emember even how my own took place. 

Q. In other words, when he gets a rebate it is marked paid?—A. That is 
what it is shown in the sheriff’s office. 

(fi North Carolina, Iredell County commissioners’ court, May 31, 1920, 
ordered by the board that J. Oliver Overcash be allowed $3.93 rebate on poll 
tax, Statesville outside, in the Army for the year 1919, and M. P. Alexander, 
sheriff, be credited with the same in his final settlement with the county. The 
commissioners granted these rebates to a man and he takes it to the sheriff 
and gets credit for it in his final settlement?—A. The sheriff does use it, I im¬ 
agine, and the purpose of the rebate is so a man that is charged with the tax 
will not have it to pay in money. 

Q. Suppose a man has paid his taxes, then can’t he get his money back from 
the sheriff by carrying a rebate?—A. I judge so. 

(). So that the prime purpose of the rebate is that the man can carry it to 
the sheriff and get his money?—A. So in some instances it would seem it is 
not true, 

Q. Isn’t it a fact the sheriff knows nothing about whetlier they are entitled 
to rebates and unless he had this with him he would have to pay the full 
amount ot the tax?—A. I guess so. In regard to the rebates I find one, upon 
inquiry as to the rebate stubs in Mr. Morrow's office, the entry hereto as fol¬ 
lows: Number blank, April 20, 1920; order to rebate J. H. IMcChmdon rebate on 
poll tax for Iilooresville fireman 25, ,$3.75 each to be credited to M P. Alexander 
for the year 1919 in final settlement $93.75. I don’t know what the purpose of 
that was, and in my mind was to qualify the firemen down there as voters. 

(j. Don’t you know as a matter of fact no fireman in the State of North 
(,’arolina peys poll tax?—A. I don’t know; I know they are liable to, 

(j. Don’t you know the State law exempts all firemen from the payment of 
poll tax?—A. I do not; I know the constitution of North Carolina doe’s not ex¬ 
empt them. 

(). Aon know that the State of North Carolina did exempt them fi-om the 
riayment of poll tax? A. The legislature might have undertook to do it but 
they had no authority to do it. 

(). Suppose the legislature did exempt them from the payment of poll tax pro¬ 
vided the commissioners in the county in which they lived wished to do so 


('AxMPBELJ. VS. DOUGHTCN. 


1287 


don’t yon think that would be lawful?—A. I do not; the constitution specifically 
out the reasons tkat tlu' ('onnnissioiK rs of the various counties may exempt 
peop e from the payment of poll tax and I hav(‘ never seen in the constitution 
any provision for exeni})tin.i>: tiremen any more than farmers or merchants. 

Gh You don’t mean to say the tiremen were exempted so they would be quali¬ 
fied to vote?—A. Tluit is my opinion. 

Q. Do they pay any in the yc'ai' they do- not have an election?—A. I do not 
know about that; I did not ji:o tliat far back. 

Q. Suppose it should turn out they are rebated every year?—A. I would be 
of that opinion in this case because this rebate ai)pears just a few days l)efore 
the 1st of May. . 

Q. Suppose th rebate for 1000 and 1920 should appear the same, then would 
you still have that same opinion?—A. I would think then there was nothing only 
an attempt to i-elieve them of their taxes. 

Q. Don't you know as a fact every lireman who pays his taxes is entitled to 
go in the comnnssioner’s oflice and get a rebate?—A. I don’t know whether he 
is entitled to do that under order of the commissioners, but if any such pro¬ 
vision is made by the commissioners it is illegal in my opinion. 

(Counsel for contestee, J. (4. Lewis, has been a fireman in the city of States¬ 
ville for the term of ni(»re than 10 years, that during .^aid time he has gotten a 
rebate for his i)oll tax each and every year, the commissioners of Ii-e:lell County 
having exempted all firemen fi-oni the payment of poll tax be they Republicans 
or Democrats.) 

Q. Now, if that is so you would not think a man was rebated so he could vote 
would you?—A. I have answered that. Mr. Lewis; I gave my opinion. 

Q. \h)U gave in the name of Joe Wagner from Barringer. To refresh your 
memory I ask you if you did not have him summoned up here and excused 
him’?—A. I miglit have had him up here and excused him. 

(). I.,ook at your record and .see if you do not find the name J. C. Wagner as 
having paid his poll tax berbre May 1, 1920?—A. I have not testified to J. C. 
Wagner. 

Q. Could not J. C. be Joe?—A. That is po.'^silde, of course. 

(}. See what AVagner you have there as having paid poll tax pr or to May 1, 
1920, in Barringer Township.—A. C. H., J. M., J. C.. S. A., and Ak L. AA'agner. 

Q. Did you summons tbe man Joe to appear here any time in your hearing?— 
A. Joe apiears on my list. The list was served by J. A. Collins, deputy sheriff, 
and beside the name of Joe is written not to be found, and Air. Collins so stated 
to me and exidained the.se matters when he received payment for the serv.ce 
on these various witnesses. 

Q. I ask you whether this Joe did not appear in person and was excused?—A. 
I do not rememlier; it may have been. 

Q. I ask you if you will let us tender him to you?—A. I see no reason why 
he should come here unless he is subpcenaed. 

Q. I ask you if you will allow us to bring him here at the expense of the 
contestee, K*. L. Doughton, and i)ut him on the witness stand? 

(The contestee states that Air. AAhigner will be notified to be here; that if 
he is not put on the stand it will be the fault of the contestant; that we want 
to get the truth about this matter.) 

Q. This list you introduced as to the poll tax ; you had that list during the first 
40 days, didn’t you?—A. I had that list and served it on you as witnesses I in¬ 
tended to examine. ^ 

(L Y"ou had this brought in and introduced as Kxhibit No. during your 40 
Y^es; for .sevei’al days; I don’t know how many. 

Q. You had it during Campbell’s first hearing?—A. I did. 

6 I ask you why you did not introduce that in evidence so we could have 
the'opTHirtunitv of reiiutting it?—A. I did not even think about it being intro¬ 
duced ; never would have introduced it myself. Air. Britt, chief counsel, intro- 


A. Akarious 


ducc'd it here. 

Q. He was here during the first hearing, was he not?—A. \es. 

(}. Here on the .second week just before your testimony closed?- 

(f He con’d have introduced it then?—A. Yes; nothing to have hindered it 
from being introduced, and the sheriff could have complied with his promise^to 
lil(‘ a cert tied list of those who had not paid their poll tax for the ycai fJU 

Tbe^Hst .v<ni introduced as having paid their poUs, t'gether wilh the list 
as not having'i.aid iioM tax, do you know how they voted those you say did 
not pay their poll tax?—A. No; I have i ever testified how they votecu 


1288 


CAMPBELL VS. DOUGHTON. 


Q. Do you know their ages?—A. I checked the ages of my poll-tax list with 
the registration book and aimed to recheck that list, and would have done it if 
they had been in their proper place, and any mistakes that 1 might have made 
as to the ages of these parties I am now ready and willing to correct. 

Q. You found that the registration books as to the ages are absolutely unre¬ 
liable?—A. In some instances they were; in others a man that was just barely 
old enough to pay taxes and a man just go ng out around 50 it turned out on 
examinat.on a few were too old and a few too young. 

Q. I ask you if you did not summons and put on the stand one man, Mr. Good¬ 
man. who swore he was TO years old?—A. I do not remember; believe I did. 

Q. A lot who were as high as 70 and 50 the registration book would show 
them -40 and 48?—A. The registration book on a few showed they were of poll- 
tax age when they were 60 and 70 years old, that is correct; I account for that 
for the simple reason when these dates were transcribed on the new book they 
did not carry tliem forward correctly. 

Q. And the names transcribed, as you say, on the new book; you got this 
information from the new book?—A. Yes; from the lu’esent book. 

Q. That is what you call the new book?—A. That is my idea. 

Q. So. as a matter of fact, these names you handed in might be too young or 
too old?—A. Some might; very few. 

Q. Take the name of Irwin E. Alexander; i-^ he too young to pay poU tax?— 
A. I don’t know him. 

Q. Know his politics?—A. Don’t know that. I stated at the beginning of 
tliis record the polit cs of these parties on this list submitted had b.en asr:-er- 
tained iu the same manner we ascertained the politics of the o5(>, more or less, 
witnesses who came to testify in this case. 

Q. As a matter of fact, you examined you say 850 w'tnesses?—A. About that. 

Q. Out of that number about 141 had not paid their poll tax and about 209 
had paid their poll tax?—A. I don’t know how many approximately; I don’t 
remember ; the records will show how many paid, but I th nk GO or 65 per cent— 
about that—I never ligured it. 

(}. Thej^ were all honest men?—A. So far as I know, maiiy were. 

Q. Some statc'd al)solutely, and to your satisfaction, they had paid their 
poll tax before May 1st?—A. Yes; of cour.se, some came with one of the tire- 
men receipts and said they had paid when thej’ had not. 

Q. Did you have any tiremen from the city of Statesville?—A. I rcuiieinber 
having one Tom Jackson. He testitied he d cl not pay. There might have been 
others who it did not develop whether they were tiremen or not. 

Q. I ask you when you put them on the stand you did not ask them about 
poll tax?—A. I asked them that continually. 

Q. Then asked if they were exempted?—A. Sometimes. 

Q. If you did not ask it on cross I would ask it?—A. I do not know wlu'ther 
it was done in every case, but that was the general line of examination. 

Q. So a man who had been exemi)tc'cl as a lireman it would have naturally 
appeared as it did in Jackson’s case?—A. I do not know about that. He might 
have thought he paid his taxes—I don’t know about that. I know a good big 
amount of people exempted and rebated were not entitled to it under law. 

Q. Take the name J. INIack Hands. You say he is a Democrat. Were you at 
the hearing in Mooresville?—A. l"es. 

(}. Didn’t you hear INIr. Fairchild, registrar, swear he was a Republican and 
voted the Republican ticket?—A. I don’t remember that. 

Q. Take the case of R. L. Edwards, Wilson. A. R., W. W. Whitman, and 
W. R. AVhitman, I ask you, at the same hearing, if you did not hear T. O. 
Brawley, registrar in ward 2, swear these men were Republicans and voted the 
Republican ticket?—A. I don’t remember that. 

Q. If that should be the evidence in this case, don’t you think these registrars 
and men down there would know more about it than you do?—A. I did not 
testify that I knew their politics. 

Q. In other words, this ii.st that I have in my hand and you made out is 
nothing in the world but hearsay testimony?—A. That list as to the politics of 
the people was obtained by the people from the various townships who knew 
their politics, and was compiled in the same manner as information was com¬ 
piled in regard to the 350 people I had subpoenaed to tc^stify to the r politics. 
Out of the 250 the information was correct except about nine cases; in other 
words, about 3 per cent incorrect and the information as to the politics of this 
list was obtained in the same manner. And I would have had those w tnesses 
here testifying if I could have gotten them here. 


CAMPBELL VS. DOUGHTON. 


1289 


Q. Could you have gotten here the leading Iiepul)licans or Democrats in that 
townsliii) where tliey lived that knew their i)()litics?—A. They made a record 
that is here on my hooks. 

Q. Could not they^ have been here and swore to this information that they 
gave you?—A. I don’t know. I have been trying to get some here. I have not 
been able to get them here for this hearing. 

(}. I ask you if you could not have gotten the leading Republicans or Demo¬ 
crats in the township?—A. I might have. 

Q. I ask you whetlier you dd not have .some leading Republicans here during' 
the 40 days?—A. I had some here. 

Q. And you could have put them on the stand and had them swear to the 
politics of these people?—A. No; at that time I could not because at that time 
I did not have the data completed. 

You had that same hook you introduced in evidence here?—A. I had that 

book. 

Q. You had a li.st of the voters in the township?—A. I did; and I had these 
subpoenas in the hands of the deputies trying to get them served to testify them¬ 
selves. I have introduced a witness every instance where I could get him to 
testify as to his politics, whether he had paid his poll tax, and age; and wlr n 
I had papers out to be served on these witnesses I had reason to believe they 
woidd come here, but when they were returned in the most instances “ not 
found.” 

Q. iMost instances they were not at home and could not be served?—A. Quite 
a number of these people are absentee voters—voters all over the United 
States. 

Q. Joe Wagner an absentee voter?—A. I don’t think he is. I did not testify 
all were. I said some were. 

(}. As a matter of fact, a large portion was not absentee voters?—A. I don’t 
know what proportion—some were absentees, though. 

Q. You had on your list the name of J. H. (honinger, jr.; look on the poll 
book and see if he voted.—A. J. II. Cloningei’, jr., is my record that he voted in 
Coddle Creek. 

Q. How many have you as voting in Coddle Creek, only one?—A. Only one. 

O. I ask you as a matter of fact if .1. H. (’loninger isn’t named?—A. Idiis is 
J. H., jr., I have. 

Q. Who made that?—A. I don’t know. 

Q. That is not an absentee?—A. No. I am not sure, but don't think it is. 

Q. I>id you have a record of that?—A. No; there is a record made in these 
produced. 

Q. Now, if this is not an absentee voter and it should turn out he has not 
been here in four or five years, evidently the man making your poll hook did not 
know much about making one?—A. If he had not been here in four or five years 
he would he just a mellow, good voter. 

Q. In going through that you have not proven that the Democrats voted a 
single convict, have you?—^A. I know of some that were said to be convicts, 
and I did not ask them the question. 

Q. Do you know of a single man who voted the Democratic ticket and was a 
convict?—A. I don’t know what Mr. Gill was convicted of; my recollection is he 
was indicted for store breaking; that is my recollection. I had him subpoenaed 
here, and decided I would not embarrass him. 

Q. That does not debar a man from voting?—A. No. 

Q. I will ask you one other question ; you do know J. C. Shoemaker and also 
J. R. Ivaton ; you heard both those men swear they informed John M. Sharpe 
that Shoemaker had been convicted of bigamy and Sharpe advised him to go 
ahead and vote?—A. I don’t remember the exact evidence. 

Q. You remember Shoemaker did sweai’ he voted a Republican ticket?—A. 
IMy recollection is he swore he had papers restoring him to citizenship, got by 
Democrats. 

(.). That man is R. E. Garrison?—A. I don’t know which it was; I was under 
the impression it was Shoemaker. I don’t try to remember all the testimony in 
this case and don’t care to testify to that. 

(>. Don’t you know tlie Democratic Party did not try to vote illegal voters?— 
A. IMy opinion is a good many were. 

Q. Don’t you know, as a fact, more illegal Republicans voted than Demo¬ 
crats?—A. My judgment is three to one; that is my honest opinion. 

Q. Have you counted up your evidence you introduced in the first hearing, 
the numhei-*of men you discussed?—A. I made a check on that, but don’t re¬ 
member what it was. 


1290 


CAMPBELL VS. DOUGHTON. 


Q. Have yon made a cheek on what the Democrats proved?—A. I don’t believe- 
I made a check on it. 

Q. Don’t yon know, as a fact, yon proved that 113 voted for Mr, Donghton 
that were not soldiers and had not pa'd their poll tax and that 58 voted for Mr. 
Donghton who had not paid their poll tax and were soldiers in the late war?—- 
A. I don’t rememher. 

Q. I ask yon further if the Democrats did not prove 131 Kepnhlicans voted 
for Mr. Campbell who had not paid poll tax and not soldiers, and if there were- 
not 72 soldiers we did not challenge voted for Dr. Campbell who had not paid 
their poll tax?—A. I don’t know, hut the records will show just what it is, 

Q. If those should he correct, then yonr statement as to three to one will he- 
absolutely nntrne?—A. I said that was my opinion. 

Q. Yon do not know?—A. I did not say I knew; I testified as to my op’nion. 

Q. Is that opinion based on the same facts?—A. Based on my investigation. 

Q. Is that based on the same facts as yon spoke about the politics of these- 
people?—A. Ihirtly, and partly the failure of the records in connection with the 
election to appear in the court. 

(C Y'on do not know whether any of these men are exempt under the law?— 
A. If they are exempt I do not know it. 

Q. Take the name of J. N, Clark.—A. He may be exempt. 

(^. And a Republican?—A. I don’t know about that. 

(}. In Davidson Township the name of C. V. Jones; yon say yon were in 
Mooresville the day of the hearing?—A. Yes. 

Q. I ask yon if yon did not hear D. E. Irwin, registrar, swear th's man was‘ 
a Republican and voted for Dr. Campbell?—A. I don’t remember what he 
swore, but the records will show. 

Q. Y^on handed in the name of Z. INI. Cowan in Davidson Township as not* 
having paid his poll tax on or before iMay 1, I hand yon stub book from the 
sheriff’s office, what does that receii)t show?—A. It shows that Z. M. Cowan 
pa d h’s taxes December IG, 1919. 

Q. Spell that surname?—A. Cowan, plain as yonr nose on yonr face. 

Q. Now, yon handed in that name and said he hatl not paid his poll tax?— 
A. I sahl the records did not show it. 

Q. The records yon took yonr records from show he did pay it on December 
16, 1919?—A. I read the records correctly. 

Q. Shows it plain?—A. Yes, plain. 

Q. For what year is that tax?—A. For the year 1919. the stub does nofc- 
ind cate that, bnt let me consult my book and see what it shows; Cowan, 
Z. M., pafil $5.70. 

Q. That is the amount here?—A. That is the amount here. I have Z. ]M. 
Cowan on my list. 

Q. I.ook at yonr voters and see if yon have a Z. INI. Cowen vot ng?—A. My 
records show a Z. INI, Cowan voted. 

(}. Does it show a Z. M. Cowen voted?—A. I have no Z. M. Cowen. 

Q. Don’t yon know that is one and the same person?—A. I do not know 
it bnt I believe it. I think that ‘s a m stake, I th nk it is intended for the same 
person and if I had not’ced it I would have made it correct before I sub¬ 
mitted the list although I do not know it is the same person. 

Q. This ledger here kept by the sher ff, the name shown Z. iM. Cowen 
A. Yes. 

Q. Take the name of T, R. (fion'nger, what does yonr record show as to' 
him?—A. Shows that he voted in Eagle Mills Township. 

Q. What does it show in regard to his taxes?—A. I see no T. R. Cloninger- 
on my list as having paid, 

Q. I hand yon stnb book for Eagle iM 11s Townsh'p and von w 11 find for the* 
year 1919 the name of T. R. Cloninger?—A. I find T. R. Cloninger. 

Q. When did he pay his taxes according to the stamp?—A. January 22. 1920.. 

(}. I now hand yon the ledger as yon call it for Eagle IMills Townsh p,' when 
does it show?—A, January 22, 1920. 

Q. Look at th s ledger, does it show there has been ar^v erasures made 
there?—A, It does not appear that there has been any erasniVs made. 

Q. That stamp date is pla n?—A. Y>s; it appears to be plain enough. 

Q. Take the name of J. W. Conley in New Hope Township. I ask yon if yon 
did not hear iMr. Shoemaker go on the stand and swear this man was a'. 
Republican and vote a Republican ticket?—A. I do not find on onr record that! 
he pa’d his poll tax. 


CAMPBELL VS. DOUGHTON. 1291 

Q, I ask you if yon heard Shoemaker on the witness stand?—A. I heard 
him testify but as to what I don’t rememher. 

Q. If it should turn out that he testified that he was a Repuhrcan do you 
think he would know what he was talkin^i? about?—A. My recollection is he 
was not posit ve about all of h s testimony. 

Q. But if t should turn out lie was pos five as to Cloninger do you think he 
would know what he was talking about?—A. I don’t think Mr! Shoemaker 
would test fy unless he knew it. I don’t th'nk the Kepublicans of New Hope 
would inform ire a man \^'as a Democrat unless he was. 

Q. \\’hy aren't the Republicans here ^tiving th s evidence?—A. We have been 
to much expense now. 

Q. You are a lawyer and realize that the evidence you are giv'ng would 
not be presented to a .1ury?—A. I real'ze that you have put in much of this. 

Q. You have heard IMr. Britt say you can prove a man’s pol.t cs by a man 
who knows him in the community. I ask you f in our evidence we did not 
introduce men who swore they knew the men and their pollt.cs?—A. Yes; in 
most instances. 

Q. Don’t you think that would be competent evidence?—A.' That is for Con¬ 
gress to determine, they can consider anything competent they want to, if 
they want to cut out all I have testified to that is perfecly agreeable to me. 
I am only offer ng it and they can determine its value or worth. 

Q. Take the name of T. IM. Feimstc'r, I ask you whether you did not summons 
him here and excuse h m?—A. IMy voting list shows T. M. Fe mster is liable 
for poll tax. 

Q. I ask you whether it isn’t a fact fhat old man Tom Fe'mster isn’t about 
65 years of age?—A. I don’t know h m. 

Q. I ask you to refresh your memory if he and IMr. Hartness didn’t come 
here and you excused him?—A. I don’t know; the evidence will show it. 

Q. How will the evidence show it when you excused him?—A. My records 
show where these parties were subptened by W. T. Kilpatrick, deputy, and 
oppos te T. M. Feiinster’s name is wi'itten “ unable to find.” 

Q. Who wrote that in there?—A. I do not know; but here are the names Mr. 
Kilpatr'ck wrote. He did subpoena B. S. and F. M. Feimster, but T. M. does 
not appear on his list. 

Q. I ask you whether you did not issue that in the name of F. IM. and so 
served notice and IMr. Kilpatrick told .vou there was no such man and brought 
in Tom?—A. My records show F. IM. Feimster. 

Q. And it was that way on the subpcenas and changed to T. M., and T. M. 
was excused?—A. I don’t iH'member; 1 don’t know how he was disposed of, 
if he came here. 

Q. You know Tom?—No, I do not. 

Q. You do not know any of these persons?—A. Some of them. 

Q. Very few of them?—A. Not a great many; no. 

Q. Take the name of .T. F. Stoughton. I ask you if you d'd not summons him 
in here and excuse h m because he ^^'as too old’?—A. I have a .1. P. here 
excused. 

Q. See whether your records show a .1. F. Stoughton voted?—A. There is a 
.1. P. all I see on my record. 

Q. There is no record of .1. F. having voted?—A. There is a .1. L. that might 
have been mistaken for J. F. I don’t know as to that. 

Q. Look in Turnersburg Township for the name of O. O. Campbell.—A. O. O. 
Campbell voted in Turnersburg, according to my record. 

Q. Did .vou examine the jmll book in Turnersburg Township, the original poll 
book?—A. I am under the impression that I copied the poll book of Turners¬ 
burg. 

Q. I ask you to turn to the sheriff’s record and see if he did not say there 
was no such i)erson in that township?—A. I do not know what he said about 
that. My recollect on is I went in the register of dee<ls’ office at the beginning 
of this contest and cop’ed the i)oll books for Turnersburg. I think I had some 
difficulty in getting the poll books, and I copied that. 

Have you a list of the votei-s in Turnersburg’?—A. That is the one I have. 

i). Arranged in famil.v groups’?—A. Yes. 

(}. Read the I st of C.impbells that you have there?—A. I have a long list of 
Campbells; here is O. (). on hei-e. 

Q. Have you a copy of the registration book for Turnersburg township’?—A. 
I have not. 


1292 


CAMPBELL VS. DOUGHTON. 


Q. I^ook at your papers that the slieriff returned and see what you have con¬ 
cerning (), (). (kunphell?—A. the entry on the hack made hy J. ^V. Wells, deput.v 
sheriff, is as follows; Served hy reading the suhp(pna to the following persons 
except (). O. Camphell and others. J. W. Wehh, deputy sheriff. 

Hearings resumed this the 6th day of May, 1921, in the matter of James I. 
Camphell, contestant, r. Kohert L. Doughton, contestee, in the eighth congres¬ 
sional district of North Carolina, Iredell ('oimty, in the courthouse, city of 
Statesville. Appearing for contestant, P. P. Dulin; for contestee, Lewis & 
Lewis and W. D. Turner. 

Mr, P, P. DULIN testified as follows: 

Cross-examination hy INIr. J. G, Lp:wrs: 

Q. Here is the registration hook for Coddle Creek, No. 1; look for the name 
of Irwin E. Alexander.—A. Irw n E. Alexander. 

Q, How old is he?—A. Registered here 21 years of age. 

Q. What date?—A. IMay 15, 1920. 

Q. He was then 21 years of age?—A. That is what it says. 

Q. So if that is correct he could not have been 21 May, 1919—A. No; could 
not. 

Look at the name T. Bumgarner.—A. He is down here as 22 years old 

May 22, 1920. 

(}. If that is correct it is impossible for him to have been 21 May 1, 1919?—A. 
It would depend on whether he was registered on ]May 22 or 22 on that date. 
Alay 22 is the day of registration he may or may not he old enough. 

(^. Edgar M. Brown?—A. There is an A. E. Brown—yes, Edgar—he is 22 
years old and registered October 23, 1920; he may or may not he old enough to 
pay poll tax. 

Q. Look at the name of Graham Cornelius?—A. It shows he was 22 years 
old ; he was registered IMay 22, 1920, 

Q. He may or may not he 21 years old?—A. Yes; that, of cour.se, is doubtful. 

Q. He could have been less 21 IMay 1, 1919?—A. Yes, 

Q. Look at your poll hook and J. H. Cloninger, jr. In Coddle Creek, No.l?—A. 
I find J. H. Cloninger here. 

Q. Do you have it J. H. Cloninger, or junior?—A. Junior it appears on my 
hook. 

Q. How many J. H. Cloningers have you on that poll hook?—A. I see only 
one here, 

Q. There is the poll hook kept hy the election officials on the day of election, 
does that show J. H, Cloninger was a voter?—A. This shows there was a J. H, 
Cloninger voted, 

Q. What numl)er?—A. Seven hundred forty-five. 

Q. Does that .show a junior?—A. It does not say junior. 

(The hook Mr. Dulin reads from is marked November 2, 1920, poll hook for 
Coddle Creek Township, Iredell County.) 

A. (Continuing.) There is a J. H. Cloninger also appearing on my li.st for 
Statesville, precinct 3, and I might have made a mi.stake in getting him as to 
the township, hut two J. H. Cloningers in the county voted. 

Q, You know J. H. Cloninger in Mooresville, the old man who plays 
checkers?—A. I don’t know his initials, hut I know the checker player. 

Q. Look at the name of M. Sample, you handed in your list and stated on 
direct examination that this list were pei’sons whose names you could not find 
on the stub hook as having paid their poll tax?-—A. I made no such statement; 
I said I did not find them on the poll tax record which I made up with Mr. Lee. 

Q. What record have you in your hand?—A. I have the record of stub hooks 
from the sheriff’s office. 

Q. Is that the same record you had when you made up this list?—A. It ap¬ 
pears to he the same one. 

Q. What does it .show in regard to M. Saupde?—A. Paid December 24, 1919. 

Q. Is there a poll tax charged?—A. There is a poll tax charged. 

(}. What does the ledger show?—A. Sample, M., shows that he paid December 
24, 1919. 

Q. In other words, the stub and ledger correspond as to the date and 
amounts?—A. They do. Sample, M. I am in error on that; my records show 
he did pay on the date mentioned here. 

Q. I.ook at the name of I.. W. Wh te in the same hook.—A. L. W. White paid 
December 16, 1919. 

Q. Was thei'e a poll tax charged on that?—A. Poll tax charged. 


CAMPBELL VS. DOUGtITON. 


1293 


Q. I^ook at the amount and date and look at the ledjter and see whether the 
led.aer and tax stub receii)t correspond.—A. Ledger and tax receipt correspond. 

Q. So Mr. White must liave paid his poll tax prior to IMay 1, 1920?—A. I do 
not know ^\■hether he did or not. 1 w.ll look at my record and tind out what 
mine shows. White, L. W., I stand corrected on that; I do tind his name. 

Q. What book is that you now have in your hand?—A. This appears to be 
Coddle Creek stub book. 

(). The same one you had when making your record?—A. So far as I can 
determine. 

Q. Look at the name of W. P. Cl ne.—A. Yes. 

Q. When does it show it was paid?—A. The date is not plain. 

(2- M hat date does the ledger show it was paid?—A. W. P. Cline, shown as 
having paid April 4, 1920. 

Q. What were the charges of the tax as the ledger showed?—A. $3.75. 

Q. What charge appears on the receipt?—A. $3.75. 

Q. So they correspond?—A. They do. 

Q. Look at the name of W. L. Collins?—A. There is a Will L. Collins here. 

Q. What does the record show in regard to his taxes?—A. WJl L. Collins 
paid December, plain; date of month not plain; year 1919. 

Q. How much d d he pay?—A. $7.76. 

Q. Look at the ledger and state what that shows.—A. It shows that he paid 
$7.76. 

Q. On what date?—A. December 16, 1919. 

Q. Does the record you have of the receipt have any addition or subtraction 
from it?—A. I see no addition or subtraction. 

Q. He paid the flat rate?—(No answer from the witness.) 

Q. His poll tax is charged in that receipt you just read?—A. Yes. 

Q. That is the i-eg stration book for Coddle Creek No. 2?—A. Yes. 

Q. Look at the name of Rufus Deaton.—A. Yes; 21 years old. 

Q. When did he register?—A. This shows he registered; I don’t know unless 
it was 1914. 

Q. Is there a date given wdien he registered at all?—A. The date given above 
is October 16, 1914, and this is dittoecl under October and figure 1 and a dash; 
I don’t know whether that was intended to ditto 1914 or not. 

Q. The name right below it. when does it appear to have been registered?— 
A. 1920. 

Q. So if he should have been registered in October, 1920, he could not have 
been 21 years old May 1?—A. If that is the date of his registration and it could 
be ascertained, he would not be liable. 

Q. From the registration book, can you determine?—A. I would take it be 
1914. 

Q. Do you know young Rufus Deaton?—A. I do not. 

Q. Did*you ever iiKpiire of anyone as to his age?—A. I did not outside of this 
book. 

Q. Look for F. W. Gabriel?—A. Appears to be 22, and registered October 
22, 1920. 

Q. So Mr. Gabriel could or could not be 21 years old?—A. That is coi rect if 
this is correct. And I want to say as to this registration that I inquired of the 
register of deeds of Iredell County if the registration books were in his custody, 
and he informed me they were not. I wanted to obtain the registration books 
for the purpose of rechecking my list to ascertain the ages of these parties. 

Q. You had them once and checked them?—A. I had them and wanted to 
recheck them, and you said you had them locked up. 

Q. You had the name of R. F. I.ackey; did he go on the stand in the first 
hearing?—A. My records show he was not examined. 

Q. How many R. F. Lackey’s have you in Concord Township that voted?—A. 
I have only one R. F. Lackey. 

Q. You gave the name of J. P. Stoughton ; my records show he came here as 
a witness and was excused because he was too old?—A. My records show J. P. 
Stoughton was excused. 

Q. You summoned him here to prove he had not paid his poll tax?—A. There 
was one J. P. Stoughton. 

Q. Was lie summoned to show he had not paid his poll tax?—A. \es. 

(}. I hand you the tax scroll book for the year 1919.—A. H s age appears 
to be 75 here and no poll charged. 

Q. Look at the name of C. C. Cline. Shiloh. This is the registration book for 
Shiloh ; look at the name of C. C. Cline.—A. This makes him 50 years of age. 


1294 


CAMPBELL VS. DCUGHTON. 


Q. What time?—A. He registered October 24, 1914. 

Q. The age is given in tlie registration book the date they are registered, are 
tliey not?—A. That is what appears here ; iny record here shows he made a return 
in which the poll tax was charged against him on the scroll. 

Q. In Turnershnrg Township you called the name of O. O. Campbell on yes¬ 
terday’s examination ; state if yonr records show O. O. Campbell voted; please 
look at that record and see how many O. O. Campbell’s voted?—A. INIy records 
show one O. O. Campbell voted. 

Q. Have you the number he voted?—A. No. 

Q. I hand you the poll hook kept by the election ofhcials for Turnershnrg, 
November 2; look at the No. 222.—A. Is this poll book certified to by the regis¬ 
ter of deeds as correct? 

(}. I should think they were. Does that hook appear to he the poll book?—A. 
Tliis is marked poll book ; ves. 

Q. What name is 222?—A. It is Mrs. O. O. Campbell. 

Q. Your records showed only one O. O. Campbell voted, and these records show 
that was a lady?—A. Y^es. 

Q. The sheriff, when yon gave him the summons for O. O. Campbell, returned 
it except O. O. Campbell and others?—A. I don’t remember what he stated as 
to that, hut I will look and repeat it for you. Yes; that is the return he made, 
O. O. Campbell. 

Q. It does not show a lady by the name of O. O. Campbell voted?—A. No. 

Q. I hand you registration book for Statesville No. 1; see whether you can 
find the name of J. IM. Mills from that record?—A. I find no J. M.; I find .1. N. 

Q. Look at your records and see if you have a J. N. and J. M., who both 
voted?—A. jNIy records show a INIilis, J. M., voted, and it shows he made a tax 
return and is liable for polls. 

(}. Does your records show a INIrs. J. N. voted?—A. It does not. 

Q. Say your records show J. INI. made a tax return*; where does it show he 
made that return from?—A. Statesville, inside or out. 

Q. INIr. Dul'n, John ^1. IMills lives over in third ward?—A. I don't know. 

Q. Do you know John’s brother (Jaude?—A. I do not know him. 

Q. There is a J. N. Mills sta.vs in Mills Shoe Co.?—A. I don’t know Mr. 
INIills’s initials. 

Q. Look at this i)oll-tax receipt, doesn’t it show that a James N. Mills paid 
liis ]H)11 tax prior to May 1, 1920, for the year 1919?—A. The receipt shows 
that; yes. 

Q. That is the stub receipt book?—A. Yes. 

Q. Now, look at your records and see whether you have that.—A. That is 
Statesville outside? 

Q. Inside.—A. There is a James N. Mills on my book or tax record that paid 
his taxes IMarch 17, 1920. 

Q. You say the registration book for this ward showed a J. N. Mills regis¬ 
tered but does not show a J. I\I.?—A. I found no J. M. ^Nlills on the registration 
book. 

Q. Plere is the tax-receipt stub book for Clin Township; does that show that 
J. B. Lawrance })aid his poll tax prior to INIay 1, 1920, for the vear 1919?—A. 
This record shows that J. B. I.jiwrance paid $6.22, including poll', on December, 
1919; the da.v is not very iJain. 

Q. Did he pay the flat rate, or was there any addition or subtraction?—A. 
No addition or subtraction. 

Q. Do you know J. B. Lawrance moved down in Statesville No. 1?—A. I do 
not know him. 

Q. The r('co]-ds. however, do show that a Mr. J. B. Lawrance p.aid?—A. The 
records show a J. B. Lawr.-nice in Olin paid his poll tax; whether he is the 
J. B. Lawrance voted in Statesville. I do not ^<ttem])t to say. 

Q. INIr. W. H. Allison?—A. I used to know him; I have not seen him in a 
long time. 

Q. :Mr. Dulin. isn’t IMr. Allison past the age of 50?—A. I could not tell you 
whether he would be as much as 50 or not. 

Q. As a matter of fact, isn’t he 59 years of age?—A. I don’t know how old 
he is. 

Q. In Statesville No. 1, W. C. Shari^e voted : you have the registration book 
there for No. 1?—A. I have the i-ecord ; W. C. Sharpe voted in Sfatesville No. 1. 

Q. Look at the registration book and state how old he is?—A. Shows he is 
21 years old. 

Q. When did he register?—A. May 21, 1920. 



CAMPBELL VS. DOUGHTON. 


1295 


Q. So if that is correct, he coiikl not have been 21 May 1, 1919?—A. He would 
not be liable if this is correct. 

Q. To refresh your lueinory, do you renieinber be and bis father coming to 
your olfice and getting excused?—A, I do not. 

Q. J. Irwin Tomlin, voter in No. 1, did he not go on the witness stand dur¬ 
ing Dr. Campbell’s bearing?—A. My records show J. I. Tomlin was not ex¬ 
amined. 

Q. How many J. I. Tomlins does your records show voted in Statesville 
No. 1?—There is only one in Statesville No. 1 who appears to have voted; 
whether I examined him in regard to his poll tax or not I do not know; the 
records will show. 

Q. In Statesville No. 2, does your records show that II. B. Dowdy voted?— 

A. :My records show K. B. Dowdy voted. 

Q. Was it an absentee vote or not?—A. It was an absentee vote. 

Q. Mr. H. B. Furches gave you a list of absentee voters in the former hear¬ 
ing, did he not?—A. I do not remember whether he gave an entire list or not; 
he testitied regarding some, and said he would make a list; but whether he 
gave a list, I do not know. 

C}. Have you a record of Mrs. R. B. Dowdy?—A. I have no record. 

Q. So, if he gave the name of 11. V. Dowdy, if it should turn out he gave 
the name as having voted, his list would be more reliable than that, would 
it not?—A. If I am not mistaken, I have a list here of Mr. Furches. His list 
shows that it was JMrs. R. B. Dowdy ; my copy evidently is wrong on that one. 

Q. I hand you tax stub book for Concord Township. Look at receipt No. 107. 
Does it show that one H. E. Fowler ])aid his poll tax prior to May 1?—A. This 
stub shows that H. K. Fowler paid i)oll tax on March 15, 1920. 

Q. For the year 1919?—A. This does not show whether it is 1919; but I 
would take it it is. 

Q. Is that the book you ha<l?—A. This is the book. 

Q. I>o you know Sam Fowler lives down at the Meecham place?—A. Sam 
Fowler; yes. 

Q. Do you know h's son?—A. I do not. 

(k You don’t know the man lives on Mrs. Alice Davealls place?—A. I do not 
know him. 

Q. What precinct did H. E. Fowler vote in?—A. No. 2, Statesville. 

Q. Mr. Sam P’owler lives in Statesville, No. 2?—A. Yes; he lives in 2. 

Q. Do your records show a H. E. Fowler paid his taxes in Concord Town- 
The tax record shows that H. E. Fowler, of Concord Township, paid 
his taxes. I have not consulted my records; I will look and see. My records 
show H. E. Fowler paid his taxes in Concord Township ; that is my poll-tax 
record ; and the amount on my poll tax record and the amount on the H. E. 
Fowler stub you offer here is exactly the same. 

(}. Do your records show H. E. Fowler voted in Concord Township?—A. No. 

Q. Does the records show J. B. Lawrance voted in Olin?—A. No. 

Q. Also another voter in Statesville. No. 2—George Monday?—A. George 
jMonday; I have a record of him voting in No. 2. 

Q. Look at your other records and see where he was subpcenaed here as a 
witness and excused.—A. I have no record of him being excused. 

Q. Do your records show he was subp(enaed to be here?—A. It does. 

(}. I ask you to refresh your memory—if he d d not bring a receipt here from 

B. irringer, and you excused him.—A. G. L. IMonday here, that paid in Bar¬ 
ringer Township, and that might be George; I do not know. 

Q. Look at your Barringer record and see if George or G. L. IMonday voted 
in Barringer Township.—A. I have no record of George or G. L. voting in 
Barringer precinct. 

Q. Look at the name of C. W. Thomas, Statesville, No. 2.—A. What do you 
want to know about him? 

Q. I hand yr)U stub receipt of taxes paid in Statesville, inside. When does 
that show that Thomas paid In’s poll tax for the year 1919?—A. This shows 

C. W. Thomas paid March 13, 1920; date not plain. 

Q. You can see it is some t'me in IMarch, 1920, plain?—A. I don’t think 

there is any doubt about that. ., , . 

O Ami look at the name of O. A. Payne. When does it show he paid his 
poll tax for the year 1919?—A. This shows O. A. Payne paid his poll tax, ami 
it appears he paid it in April, 1920; the date is not plain. 

Q. I hand you the ledger. When does the ledger show IMr. Thomas paid his 
poll tax?— A.‘Thomas, C. W.; the ledger shows he paid 3/13/20. 


1296 


CAMPBELL VS. DOUGHTON. 


Q. AVhen does it show I’aj’iie paid his poll tax?—A. Shows he paid it 4/27/20, 
I believe A is. 

Q. That would he April 27, 1920?—A. I suppose those figures mean that; yes. 

Q. The name of G. F. Hinkle, voter in Statesville, No. 3. I hand you the 
stub book for taxes of Iredell Couiitv, Statesville, inside. You see the name of 
G. F. Hinkle on that?—A. I do. 

Q. When was it paid?—xV. The date is not plain; can not he read at all. 

Q. What date does the ledger show it was paid?—A. The ledger shows 
4/17/20. 

Q. Does the amount the ledger shows paid and the amount on the receipt, the 
date of which you can not read, correspond?—xV. It corresponds. I know Mr. 
Hinkle, and I saw him and talked to him about his 1919 poll tax, and he told 
me he was garnisheed after the election for 1919 poll taxes. 

Q. Didn’t he also tell you it was paid, and there was a mistake?—A. He 
did not. I asked h'm about it in my office, and he gave me the names of others 
that were garnishee<l, hut I don’t remember them now. 

Q. Look at the name of .1. H. Wall.—A. I fail to find J. H. Wall here. 

Q. You find Julius? Jul us appears here on the tax stub. When does it 
appear Julius paid his poll tax for the year 1919?—A. The best I can make 
of it is December 30, 1919. 

Q. Any addition or subtraction?—A. No. 

Q. Could not Julius be J. H. Wall?—A. I will consult my record and see how 
many Walls I have. I have one J. 11. Wall here who voted. 

Q. Have you a man by the name of Julius who vote<l?—xV. I have a notation 
liere by J. H. made that appears to be Julius. I think Julius is J. H. that is 
the information I have found out about the man afterwards and put him on 
my book as Julius. I stand corrected on that one. 

Q. Do you know D. A. Fleming? He is a hrother-in-law of Air. Will Webb?— 
A. Don’t know him per.sonally. 

Q. You know about how old he is?—A. I do not. 

Q. Do you know K. A. Aloore, son of Dr. G. A. Aloore, president of the 
female college?—A. Don’t think I know him. 

Q. He is a young boy about 21 years of age?—A. I don’t know him well 
enough to know his age if I know him at all. I know a lot of peoples faces, 
but I could not call their names. 

Q. You had a talk with L. B. Bristol?—A. He came here and I excused him, 
he showed me a tax receipt and there was no poll charge on it, and I told him 
that we would not need him to testify. 

Q. He paid his taxes prior to May 1?—A, Yes. 

Q. He did tell you he thought his poll was on there?—xV. He thought so. I 
am not charging him with the intention of doing wrong. It was just a mis- 
akent, and not his either. I expect he would have insisted on paying it if he 
had known it was off. 

Q- Do you remember xV. L. Lowrance; he was on the stand. The registrar 
of Statesville No. 4 swore that K. D. Church was a Republican and voted a 
straight Republican ticket?—A. I don’t remember whether he swore that or 
not. 

Q. If the evidence .showed he did swear it, would you think he knew what 
he was talking about?-xV. If he swoi'e positively that Church voted Republican, 
I would believe it. 

Q. H. C. AIcLain, also a voter in No. 4, wasn’t he a witness and examined on 
the witness stand durmg the first hearing; in fact, to refresh vour memory, 
didn’t he swear he thought he paid his taxes in Alexander County, but was 
not sure?—xV. Of course, the records will show what he did swear,"but I will 
examine my records; H. C. McLain was examined, what lie swore to I do 
not remembei*. 

(}. That is the same H. C. AIcLain as you have here isn’t it?—A. Same man 
is my recollection. 

Q. You gave the name of S. D. ATiller, look on the registration book and 
see if you find S. D. Aliller registered ?—A. I do not believe I have the fourth 
ward registration book up here. S. D. Miller is meant for S. B., I made a 
mi.stake. 

Does your records show S. D. Aliller paid poll tax?—A. -My record shows 
the day was not plain ; 1002 is the stub number. 

(). Tlrs is the stub 1002?—A. This is 1002. 

Q. What is the amount of the taxes?—A. $7.20. 


CAMPBELL YS. DOUGHTON. 


1297 


Q. Now look at tlie ledger. When does the tax ledger show that was 
paid V—A. S. B. IMiller paid 3/13/20. 

Q. i\Iareh 13, 1920?—A. That is what those tignres stand for. 

Q. Does the amount on the ledger and the amount on the stub of the tax 
receipt correspond?—A. The same. . 

Q. Now look at the name of L. U. Smith, also a voter in No. 4, Statesville, 
what does the stub of the tax receipt show as to him in regard to his poll 
This tax stub shows L. R. Smith paid his taxes on April 10, 1920; 
amount, $5.29. 

Q. Is poll charged thereon?—A. It is. 

Q. That is for the year 1919?—A. Yes. In reference to I.. R. Smith my 
records show L. R. Smith voted in No. 4; that there was two L. R. Smiths 
voting in No. 2. 

Q. Mr. Russell Smith, L. R. lives down in No. 2?—A. He used to; I don’t 
know whether he still lives there or not. Three voted in the city of States¬ 
ville, but I have never been able to locate hut two. 

Q. Also, L. R. lives in No. 4, middle aged man?—A. That is my information, 
and where the other L. R. lives I do not know, 

Q. The records .show one paid his poll tax?—A. Yes. 

D. In Statesville No. 3 you gave the name of W. R. Bryant; look at the tax re¬ 
ceipts in Sharpsburg Township and state what it shows in regard to the pay* 
ment of poll tax of W. R. Bryant.—A. W. R. Bryant paid $8.14, including poll 
tax, November 15, 1919, the best I can read it. 

Q. Doesn’t it show there is a deduction from the taxes?—A. I don’t know 
that any deduction is made. There are the figures $8.06 appearing in a circle 
on his tax receipt. I presume that was meant for a payment of the tax to be 
paid. The original amount was $8.14. 

Q. What does the ledger show in regard to the amount that was paid?—A. The 
ledger shows $8.06. 

Q. MTien does it show it was paid?—A. 11/17/19. 

Q. Does your records in Sharpsburg show W. R. Bryant voted?—A. No. 

Q. So that is very likely the man who voted here in Statesville Three?— 
A. It might be, 

Q. As a matter of fact, when you were examining these witnesses some came 
in here and showed tax receipts and would swear they paid taxes in townships 
other than they voted in?—A. Good many; yes. 

Q. Most of them showed they paid their taxes in counties other than Ire¬ 
dell?—A. Very few of those; occasionally there was one, 

Q. About how many were there?—A. I did not make a record of that; the 
record will show as to how many. 

Q. In checking your poll-tax data you just looked in the township where the 
men voted?—A. I checked these names agamst every township in the county. 

(J. And yet you tind that W. R. Bryant, although you checked it, that a man 
by the name paid in another townsliip?—A. I fouml duplicate names in town¬ 
ships in some instances. 

Q. You say you checked those names against every township in the county, 
and yet you challenged several who voted, or at least a person by the same 
name voted in another township?—A. I don’t know whether I understand your 
quest on. I will explain how this was made out. I made this out from the 
records of people I attempted to subpcena, and most of them were not found 
that appear on this list. 1 made up a list of those and put that list in alpha¬ 
betical order, and I checked every name against every other township in the 
county. After making that check, when I found a person by the same name 
voted" in a precinct, if our record showed he had paid his poll tax in ithat 
township, I marked him off; if I found a man having paid his poll tax>'by 
that name in any other township, I marked him off, unless a party by the same 
name voted in that particular townslhp. That is what I attempted to do; and, 
as I stated on direct examination, this was approximately correct. I admitted 
there were errors, and there were. 

(j. The shoi-t time I have had to look on this list and go over it we have 
found a number of errors.—A. You have had since yesterday morning to check 
it. and it did not take me that long. 

Q. Part of the tax books are out in the county?—A. I don’t know; I see a 
number on the desk. 


57695—21 


■82 



1298 


CAMPBELL VS. DOUGHTON. 


Q. As a matter of fact, Cool Si)rin,its can not be jtottenV—A. I don’t know 
about that. We can count up and see what is missing. From ^^dlat I see on 
tlie desk I would not .I'ndge many, if any, were missing. 

(^. Yon do not know bow many books' brought in to-day—we sent out and 
got them?—A. I do not. . 

(,). ^\'ell, now, Mr. Dulin, you say you checked them with the county. Why 
d d you read the name of W. II. Bryant? Why did you challenge him when 
you found a W. R. Bryant was paid in Shari)sburg?—A. I do not see on my 
record that I challenged the name of W. R. Bryant. I made that for a IM. R. 
Bryjint. 

Q. I.ook at your hook and see whether you have a record of ]M. R. Bryant.— 
A. Wliat precinct is that? 

Q. Statesville No. 3.—A. No; I have a W. R. Bryant. 

Q. So in writing them jmu miswrote, didn’t you?—A. I evidently made a 
mistake. 

Q. Now. if you made these mistakes that have been called to your attention, 
isn’t it possible that they could practically all he mistakes?—A. No, sir; in 
my judgment you found all the mistakes you could, and if you have found any 
others I am willing to correct them here. 

Q. Well, Mr. Dulin, in making that list, I believe, you stated that you did not 
know many of these parties personally?—A. That is correct; I know a few—a 
very few. 

(j. Isn’t it quite likely that you have lived in Iredell County all your life— 
that these peox)le moved from other counties into Iredell?—A. There would be 
a small per cent in the last two yeai’S, I would think; there was a very few 
out of the 350 who had not been here for a long number of years—perhaps a lot 
of people would move in. but n the last two years, if they moved in, the records 
ought to show as to their poll-tax qualification. 

Q. Since IMay 1, 1919, it has been two years ago?—A. l^es; more than that. 

Q. It shows that a lot of people have moved in the county?—A. Shows that a 
few did. 

Q. As a matter of fact, a lot of people moved in and out in the space of two 
years?—A. I know of no reason why there should be any influx or outflux in 
Iredell. 

Q. But there might be?—A. There might be a few. My opinion is there 
might he as much as 2 or 3 per cent coming in from outside. 

Q. That is merely an opinion?—A. \’'es; based on my investigation of this 
matter, witnesses, and general knowledge of conditions. 

Q. Y"ou have been in public life four or five years, with the exception of the 
time you were in the Army?—A. More than that. 

(}. You know most of the people in the county?—A. I know a good many 
peojile. 

(j. Y^ou ran fm* office and canvassed the county?—A. I have forgotten the 
Iieople I met then; I way away in the Army for the next three years and 
hardly knew my best friends when I got back. 

Q. You, on direct examination, said you summoned a number of people in 
regard to their poll tax, and about 350 responded?—A. On the same list I 
summoned those of these names as appear on the same list, and you were aware 
of the fact that I intended to go into their poll-tax qualification. 

<}. About 350 responded?—A. Yes. 

<}. Out of that 05 per cent showed they had paid their poll tax either in 
Iredell or some other county?—A. The record will show the exact per cent. 

Q. At the time you issued these summons you made your record—the same 
as this record?—A. This is part of the same record. 

Q. And out of that at least 50 per cent of those who responded had actually 
paid their poll tax in Iredell?—A. I do not know whether they actually paid 
it or not; they presentetl receipts, many of them. 

Q. And swore they bad paid their taxes?—A. Yes. 

Q. I.ook at receipt No. 42.—A. I have receipt 42. 

Q. Whose name ai)pears on that receipt?—A. N. D. Blackwelder. 

Q. You summoned Nathan D. Blackwelder and he swore that was his name 
and he paid his taxes?—A. The evidence will show what they swau’e to. 

Q. V/liat does the tax receipt show?—A. I have not the tax receipt. 

Q. What does the stub sliow?—A. Shows N. D. Blackwelder paid $0.00. 

Q. Does it show he paid his poll tax prior to IMay 1, 1920, for the year 1919?— 
A. This stub shows be paid poll tax on April 29; can’t read the year, abso¬ 
lutely; think it is 1920. 


CAMPBELL VS. DOUGHTON. 1299 

Q. You had that stub when you made out your record?—A. I don’t know; 
I had what appears to be this book. 

Q. Look at tax receipt 62?—A. 62, J. A. Chandler. 

Q. hen does it show Mr. Chandler paid his poll tax for the year 1919?— 
A. It shows November IS, 1919. Poll tax is marked out and reentered above. 

Q. And added to the amount of the property tax is the amount showed was 
paid? A. Ves; that added in makes the same amount on the footing of the 
receipt. 

Q. Did you summons Mr. Chandler as a witness in your former hearing?— 
A. My recollection is I did, and excused him. 

(}. Look at receipt No. 247 ; who does that show?—A. No. 247 shows that 
C. L. Lippard paid March 10, 1920. 

Q. ^yas his poll tax included?—A. There was a poll tax included in that. 

Q. Now, Mr. Dulin, was Mr. Clyde Lippard summoned, a voter in Barringer, 
by you?—A. I don’t remember. 

Q. I ask you if he was not summoned and showed he paid his poll tax in 
Fallstown Township?—A. The records will show. 

Q. If he did that was another mistake you made?-—A. I don’t know whether 
it was a mistake or not. 

Q. You evidently made a mistake in J. A. Chandler?—A. I don’t know whether 
I did or not; the poll tax was marked out. 

Q. It showed it was added above?—A. I do not know when it was added. 

Q. It shows it was added when it was paid?—A. I will look at my poll tax 
record and see if we took his name off at that time. I don’t find Mr. Chandler's 
name on my list made by myself and Mr. Lee. I was writing down names at 
that time and ]\Ir. Lee was calling them. 

Q. Did anyone else help you except Mr. Lee?—A. That is all; no one else 
called any names or wrote them. 

{). I ask you if Mr. Duke did not help you check them?—A. Not with these. 

Q. I ask you if he did not help you in regard to poll tax?—^A. I had him check¬ 
ing on a list you filed with your complaint for Mr. Doughton, but so far as him 
helping in any of this I do not remember. 

Q. Didn’t Mr. John M. Sharpe help you check?—A. He helped get up in¬ 
formation in regard to various things but had no work on this book. 

Q. I ask you if he did not make the list and you copied it on that book?—A. 
He did not. 

Q. Mr. Sharpe testified there when he was on the stand that he had worked 
up this himself; you heard him testify to that? You heard Mr. Lee swear he 
was a man of 95 or 98 per cent efficient, got in that class working on the rail¬ 
road and it turns out here you subp(enaed in here 850 men and out of that num¬ 
ber about 65 r>er cent had paid their poll tax in this and other counties, about 
50 per cent having paid in this county. How do you account for that mistake?— 
A. I account for it in this way ; Under the circumstances the receipt and stubs 
on these stub books corresponds with the receipts that were issued from them 
were evidently not marked on the book at the time he went over it. 

Q. Do you mean to state that these people who swore they paid their taxes 
prior to May 1 did not pay them before that date?—A. I don’t know. I am 
swearing as to the record we made. 

(}. You mean to say the sheriff changed those receipts after you had them 
until the present time?—A. I do not. 

Q. Then if they were not changed they evidently are in the same condition 
as when you had them?—A. If they were not changed, then all I mean to swear 
is we got when going over these stubs approximately a complete list of those 
appearing as having paid. , 

Q. I ask you if you did not go in the sheriff’s office at one time with 21 names 
and he showed you all but 2 had paid?—A. Yes. 

Q. That was shortly after you had been furn’shed with the books?—A. Yes; 
that is after we had put the deputy on the stand to swear whether they had 
or bad not paid. 

Q. She swore they had paid?—A. She swore her records showed they had been 
)aid. 

Q. I ask you if she did not further swear that the records had not been 
changed since you had them?—A. If she did swear it the record will show it. 

Q. Now, Mr. Dulin, if the record shows she did so swear then you were evi¬ 
dently mist-iken?—A. I don’t think so; not in any such slugs as that. We made 
some mistakes. 

Q. Do you mean to say that any person in Iredell or anywhere else changed 
these tax n'cords after you had them?—I mean to swear we obtain an ap- 


1300 


CAMPBELL VS. DOUGHTON. 


proxiinately correct list as those appearing as having paid at the t me we had 
it and that we made an honest list. . 

Q. And althongh yon did that, nt least 50 per cent show they were paid prior 
to May 1?—A. They had tax receipts. 

Q. They were stamped paid?—A. I.,ot of instances they have been rebated and 
shows on the stubs that they were paid. 

Q. Isn’t that so in all rebates?—A. The tax receipt stub ought to show the 
exact I'ecord ; it ought to show whether it was rehnted or paid money. 

Q. Plow many of these yon summoned were rebated?—A. I don’t know. 

Q. If the evidence should show there was hut one rebate how would you 
account for th s great discrei){incy except through your mistake and Mr. Lee’s?— 
A. I would not account for that through our mistake; these parties that showed 
tliey had paid on the tax hook of Iredell County on and by IMay 1 are large 
number of people here rebated that were never challenged until on the last. 

Q. I am not talking about the ones challenged now, I am talking about the 
OIK'S challenged and summoned to come here in person?—A. I nm talk ng about 
we have receipts and that the stub receipts show that they paid their taxes, show 
they pad their poll tax when, according to the sherilf’s day book they did not 
pay any money into the oflice. If those discrepancies can exist in good big 
amounts, I am not inclined to admit I have made an error in comp ling this 
record except in a few instances. 

Q. I want the names of the persons who you said that book did not correspond 
with the receipt?—A. I have never testified the receipts do not correspond with 
the stubs except those few names there. 

Q. I asked you to check those with the ledger, and I ask you whether you 
did not check it and find that the ledger corresponded with the stubs and 
receipts?—A. I never saw the receipts here. 

Q. Didn’t a lot of people bring receipts in here and exhibit them?—A. A good 
many appeared nnd exhibited them. 

(>. I ask you if there was not as many as 100?—A. I expect there was. 

Q. And those receipts correspond with the tax stubs?—A. We did not have 
the stub books up here. 

Q. I ask you in nenrly every instance we compared with the stub if it dM 
not correspond?—A. You started off doing that, but did not pursue it all the 
way through. 

Q. I ask you then the times I did if they did not correspond?—A. The record 
will show. 

Q. If the record should show they did correspond with the stub and they were 
subpcenaed in here, how do you account for the fact that they corresponded 
except through an error on your part and Mr. Lee?—A. Whether they cor¬ 
responded would not determine whether we made an error. 

Q. Suppose they did correspond?—A. That would be no evidence that we 
made an error. • 

Q. Do you mean to state those people had their tax receipt changed so as to 
correspond with the stub?—A. I do not mean to insinuate anything, but I 
remember one particular instance in which a man swore that he came in with a 
man, INIr. J. T\ Summers, who had not paid his taxes. 

Q. That man R. L. Self subpmnaed in here?—A. He lives in Gastonia. 

Q. He was not one of the persons subpcenaed?—A. I did not challenge him; I 
introduced that to show incorrect entries were made on that tax book. 

Q. We also showed that man was a Republican?—A. Yes. 

Q. And Summers was a Republican?—A. Yes. 

Q. You know Sheriff Alexander? Do you think he would date a Republican’s 
receipt back?—A. I don’t know what he would do; I know what the man 
testified. 

(}. Mr. Summers testified that Self told him this?—A. The record will appear 
for itself, my recollection of what Summers did swear is this, that he met up 
with Self here in town and Self told him that he was going around to pay his 
taxes and get it fixed so he could vote, and that he went with him to the office 
and after Self came out of the office that he had told him he got it fixed all 
right. 

Q. ]\Ir. Self told Mr. Summers, so the evidence of Summers was purely hear¬ 
say?—A. Ihirely hearsay. I took the receipt of Self and looked on the day 
book on the day of April 30 for an entry of $3.93, and I failed to find that. 

Q. You also looked on the day book for an entry of $S2 of R. I,. I^Iorr'son, 
although he showed you a check and told you it was payment of poll tax, and you 
excused it, and yet that is not on the day book?—A. That does not appear on 


CAMPBELL VS. DOUGHTON. 


1301 


the dates I examined it; I do not know when it did appear, because I did not 
have access long enough to find ont. 

Q. He had a check to the effect he paid it on May 1?—A. I don’t remember 
the date, anyhow at that time I was satisfied he had paid it and excused it. 

Q. Look at,receipt stub 193?—A. Here is a receipt with F. O. McLain’s name 
on it. 

Q. What does it show?—A. Marginal entry of $3.91 paid 4/14/20. 

Q. That s April 14, 1920?—A. I take it those figures mean that; yes. 

Q. Mr. McLain testified that was in payment of his poll tax, did you have 
the tax record at the time when you made up your list?—A. Certainly." 

Q. And Mr. McLain swore his taxes had been paid as of that date?—A. I 
don’t remember what they swore, there is no use asking me what they swore 
for; I don’t know. 

Q. Look at receipt No. 181.—A. No. 181, J, C. Murdock, paid January 18, 
1920. 

Q. Does that show that a poll tax was charged there?—A. Yes. 

Q. When does it show that it was paid?—A. I have just stated. 

Q. Look at this ledger and see when it says it was paid?—A. The ledger 
shows 1/19/20. 

Q. The date on the ledger and tax stul) correspond, do they not?—A. Yes. 

Q. Now look at stub No. 182.—A. This is J. B. Murdock, December 27, 1919. 

Q. Show a poll charged?—A. Y^es. 

Q. Does that appear on the ledger and correspond with the tax stub?—A. 
They correspond. 

Q. Look down the line until you come to F. O. McLain and see what the 
entry on the ledger shows?—A. Enfry on the ledger, I don’t know what it is, 
it is McLelan. 

Q. AVhat does it show?—A. 4/14/20, paid $3.91. 

Q. What does the entry on the stub show, that is, stub No. 193?—A. $3.91. 
All shows that an erasure has been made on the ledger. 

Q. Isn’t that where the auditors stamped their stamp on there?—A. I see 
a blue mark here, but I do not know anything about who made them. 

Q. Look at the tax stubs of those last three—any erasures there?—A. The 
only erasure I see is on the ledger. 

Q. And that is right under the auditor, a little blue mark there?—A. There 
is, looks like a figure three backwards. 

Q. It gives the amount in red that is still due on the tax receipt?—A. It 
gives $1.09 in red figures and date of payment there, the figures above the 
$1.09 in red is 5/1/20. ' 

Q. The entry on the tax receipt of J. C. and J. B. Murdock, that show any 
indication of erasures?—A. On J. C. and J. B, Murdock I see no erasures on 
the tax stubs and I see no erasures on the ledger. 

Q. Look at receipt No. 198.—A. Stub 198, R. C. McConnell. 

Q. When does it show he paid his poll tax for the year 1919?—A. Shows 
he paid .lanuary 30, 1920. 

Q.‘Does it correspond with the ledger that you have there in front of you?— 
A. McConnell, R. C., 1/30/20, according to the ledger. 

Q. Does the dates and payments correspond with the receipt?—A. Same 
amounts. 

Q. Are there any indications or signs of any erasures either on the tax 
stub or on the ledger?—A. I see no indication. 

Q. Look at receipt No. 171?—A. Tax stub No. 171, S. L, Moore, paid March 
18, 1920. 

Q. Was there a poll tax charged thereon and paid?—A. I do not know 
whether it was paid or not; there is one on the stub. 

Q. And it is marked paid?—A. That is what I said. 

Q. Are there any signs of erasures on the stub or on the ledger?—A. There 
is a sign of the property tax being overruled. I do not know what it means. 

(}. The total amount, any signs of any erasure at the time it was paid when 
it wjis stamped on there?—A. I do not know when it was made at tli,e time it 
was paid or since. 

Ci. I mean any erasures on the stamp that marks it paid?—A. No. 

Q. Look at receipt No. 201? 

(Contestant through his attorney requests the attorney for the contestee, 
R. L. Doughton, to introduce his tax stubs into the record for the purpose of 
comparison with the poll tax record made by P. P. Dulin and Joe Lee to go 
to Washington as part of the record in this investigation. 


1302 


CAMPBELL VS. DOUGHTON. 


The attorney for the contestee in reply to that statement states that those 
tax-recei[)t books have nncollected taxes on them now that they have been 
ordered by the county board of commissioners of Iredell County to l)e sent out 
in the county by the sheriff for the purpose of collectinj; said taxes, that the 
attoniey for contestee sent for the books and promised the custodians to return 
them to said parties as soon as this hearing? is completetl. That the attorney 
for the contestee is not the custodian of the books and can not for that reason 
comply Muth the request of the contestant. 

Q. Look at receipt No. 201, Barringer.—A. E. F. Owens, 201. 

Q. Wliat does it show in regard to Mr. Owens's poll tax?—A. Shows a poll 
tax charged on the stub, and it is marked paid December, 1919, date blurred. 

Q. Look at the ledger and see whether it corresponds with the stub?—A. The 
amount paid corresponds, and the date on the ledger is December 22, 1919. I 
think that (‘orresponds with the stub, but it is a little blurred; but I think it is 
December 22. 

Q. Look at receipt No. 248.—A. Stub 248 shows poll tax charged of $3.75. 

Q. Who is it charged to?—A. C. T. Shinn. 

Q. Paid before May 1?—A. Stamped paid November 25, 1919. 

Q. Does that correspond with the ledger?—A. The ledger shows it paid 
November 28, 1919. 

Q. That corresponds with the entry on the stub, doesn’t it?—A. Yes. 

Q. Look at receipt of stub 250.—A. Shinn, J. Calvin; stamped paid November 
22, 1919; amount of tax, $34.85. 

Q. Poll charged thereon?—A. Yes. 

Q. Stamped paid?—A. Yes. 

Q. Does that correspond with the ledger?—A. The ledger shows November 
24, 1919. 

Q. Look at receipt No. 254.—A. W. A. Sloop; paid December 10, 1919. 

Q. AVas there a poll tax paid'?—A. Poll tax charged. 

Q. On the stub that is stamped paid?—A. Yes. 

Q. Does that correspond with the ledger?—A. Yes. 

Q. Look at stub receipt 1098, Coddle Creek.—A. I have this; it seems to be 
T. C. Sherill or Y. C., I don't know which. 

Q. Does it show poll tax was charged on the said stub and paid prior to 
May 1?—A. Shows poll tax on the stub stami)ed paid December 16, 1919. 

Q. Was V. C. Sherill summoned?—A. I don't remember. 

Q. Have you a record to show whether he was summoned or not?—A. I had 
a Vernon Sherill from Barringer subpoenaed ; this name is V. C. Sherill. 

Q. Could not that be A’^ernon?—A. It may be; I do not know. 

Q. Look at receipt No. 51.—A. Stub 51, AI. E. Idson; paid December 31, 1919. 

Q. AA'as there a poll tax charged on that receipt?—A. Poll tax marked out 
and poll tax written in with ink {ibove it. 

Q. AVhat is written in added makes the total footing?—A. Makes the total 
footing. 

Q. Look on the ledger.—A. Dates and amounts correspond on the stubs •Jind 
ledger. 

Q. That is, including the poll that was written in?—A. No answer. 

Q. Look at stub No. 253, Statesville Inside.—A. No. 253, H. S. Alorrow; paid 
December 20, 1919. 

Q. Is there a poll charge on it?—A. I*oll charged on it. 

Q. Look and see if Idson and H. S. Alorrow were not subpoenaed by you to be 
here and excused.—A. M. E. Idson, excused; H. S. Alorrow, I marked out his 
name and did not examine him; I do not suppose my records show he was ex¬ 
amined, and I have no record of him being on the list I have here; my records 
show that he paid and was not examined. 

Q. Did you not serve notice on us you would examine him?—A. Aly records 
show he ])aid in State.sville outside. 

Q. Didn’t you serve notice on the contestee that you would subpoena him?— 
A. It would not appear from the township he had voted that he had paid. 

Q. Look at receipt No. 327, Statesville?—A. Stub 327—L. N. Scott paid 
December 8—looks like 1920—can’t tell the year for certain. 

(). I.ook at the ledger.—A. December 8, 1919, is the date of payment on the 
ledger. 

(}. AVas there a poll tax charged on that stub?—A. Yes. 

Q. AVhat per cent is added to that if any?—A. I do not see any added 
amount at all that is on the stub. 

Q. Look on the ledger.—A. There is no added amount on the ledger. 


CAMPBELL VS. DOUGHTON. 


1303 


Q. Now, take your Bethany tax book and look at No. 195.—A. Sid Sum¬ 
mers, stub 19o, paid, date not plain, December 8, 1919, looks like. 

Q. Look on the ledger and see if they correspond.—A. I do not see Summers 
on the ledger. 

Q. Heie is Summers, Sid, December 8, 1919; does the amount shown paid 
there correspond with the stub you have just read?—A. Yes 

Q. Look at receipt No. 199?—A. Stul) 199—H. F. Thompson. 

Q. liat does that stub show?—A. Shows a marginal entry, dated April 18, 
by cash $4.65. 


Q. See whether the ledger entry corresponds to that.—A. This stub does not 
give any year. 

Q. Well, see whaj: the ledger shows.—A. The ledger shows April 17 date of 
Payment, or July 17, 1920, I do not know which. I suppose it is April 17, 1920. 

Q- J^o^^ much does it show was paid i —A. Four dollars and .sixtA^-live cents 
($4.65) shows paid, in red figures $2.96 entered and date of payment. 

Q. Doesn't that show a little blue mark before that?—A. Yes. 

(). Isn’t that the amount the auditors put on there as still due on that tax?— 
A. I do not know why it is there. 

Q. Look at receipt 209.—A. M. L. AVall, stub 209, paid December 29, 1919. 

Q. Does that correspond with the entry on the ledger?—A. That corresponds 
with the entry on the ledger. 

Q. Poll tax charged on that stub?—A. Poll tax charged on the stub. 

Look at receipt 310, Sharpshurg Township.—A. J. B. Wilson, stub 310, 
date of payment not very plain. 

Q. What does it look like?—A. I would take it to be 1920; the other I am 
not certain about, either March or May, 1920. 

Q. Look at the ledger and see what it shows.—A. J. B. Wilson on the 
led.ger shows March 30, 1920. 

(}. Does the amount paid correspond to the amount on the stub?—A. Same 
thing. 

Q. Look at receipt No. 254.—A. C. C. Bussler, paid December 20, 1919. 

Q. Was there a poll charge on that?—A, Ikdl charged. 

Q. Look at the ledger in the case of C. C. Bussler.—A. Appears as having 
paid December 20, 1919. 

Q. Does the amount and date corre.spond with the stub?—A. Yes. 

Q. Look at tax receipt 49 in Sharpshurg?—A. This is R. A. Carlton, pa'd 
April 22, 1920, and has a poll-tax charge on it. Same entries appear on the 
ledger. 

(>. The poll tax was charged on that stub?—A. That is what I said. 

Q. Look at rece pt 93 in Concord.—A. K. C. Irvin, marg.nal entrv, paid 
April 30, 1920, $3.91. 

Q. Does* the same appear on the ledger?—A. Tlie same entry appears on the 
ledger, 

Q. Look at 95 in Bethal?—A< A. P. Houston, paid March 18, 1920. 

Q. Was a poll tax charged thereon?—A. Poll tax charged. 

(}. Look at the ledger and see if they correspond?—A. Paid March 18, 1920. 

Q. Do they correspond?—A. They apear as the same. 

Q, Look at 269 in Shiloh?—A. T. E. Miller, paid December 15, 1919. Same 
date on the ledger, 

Q. Was there a poll charged on that?—A, Yes. 

Q. Look at receiiit 264 in Shiloh?—A. W. C, Lackey, paid February 6, 1920, 
I)oll charged, .same on the ledger. 

Q, Now., look at receipt 940, Statesville inside?—A. B, Lunsford, marginal 
entry April 28, 1920, of $4.09. 

Q. The ledger shows this amount was paid April 27, 1920. That date corre¬ 
sponds with the other?—A, It does not. 

Q. AVhat is the date on the other?—A, The 28th. 

(}. One day difference?—A. The ledger shows it was paid one day sooner 
than the stub; in other words, it was just according to the.se hooks on the 
ledger one day before it appears as having been paid on the marginal entry. 

ii. These are accounted for as having l)een received late in the evening?—A. 
That would have appeared on the 29th. 

Q. Did you summons Mr. B. Lunsford?—A. I think I d'd; I am not sure. 

Q. Will you look and .see?—A. Lunsford, B. I suhpmnaed him; the records 
show he was gone written in by the deputy. 

Q. Look at the receipt 197 Concord Township?—A. ,1. R, IMurdock paid Novem¬ 
ber 18, 1919, poll tax scratched out and readded. 


1304 


CAMPBELL VS. DOUGHTOI^'. 


Q. That readded, wliat is the total ainoiiiit of the charge?—^A. $31.52. 

Q. Does that include the poll tax that has been readded ?^—A. It includes the 
poll tax; yes. 

Q. Look at the ledger and see how much it shows as pa'd?—A. Ledger siiows 
dated November 18, 1919. 

Q. What is the amount it shows as pai<l?—A. $31.21. 

Q. That corresponds with the amount?—A. It does not. 

Q. Does it correspond with the amount in the center of the receipt with a 
circle around it?—A. Yes. 

Q. In other words, it shows he received a discount for early payment?—A. I 
do not know what it means; I never paid any attention to it. 

Q. Look at receipt No. 169 in 01 in Township?—A. J. T. Morrison paid Novem¬ 
ber 29, 1919, amount of tax $21.98. J. T. Morrison appears on the ledger as 
having been paid Noveml)er 29, 1919. 

Q. Look at receipt No. 343?—A. C. R. Stone, paid December 23, 1919, amount 
$60. 

Q. Was there a poll charge?—A. Poll tax charged. 

Q. Same date and amount appears on the ledger?—A. Yes. 

Q. Look at receipt No. 359, Statesvilie Outside?—A. R. A. Stamper, ptiid 
January 10, 1920. 

Q. Was there a poll charged?—A. Poll marked out and recharged $3.93. 

Q. Does that that was recharged include the addit.on of the tax?—A. It is 
and appears to have been made at a different time from the other tigure api)ear- 
ing on that stub. 

Q. Look at the ledger and see whether the amount he paid corresponds with 
the amount on the stub?—A. Stamper, R. A., as appears on the ledger, date of 
payment January 12, 1920. 

O. ^\'hat is tlie amoiud paid?—A. The amount paid is the same; the dates 
do not correspond. 

Q. What is the date of the tax stub?—A. January 10. Tliat appears on the 
ledger as hav.ng been paid on the 12th. 

Q. Look at the name of R. L. Waugh, No. 397?—A. Waugh, R. L., marginal 
entry paid April 4, 1920, $2. 

Q. Look at the ledger and see whether they correspond?—^A. R. L. Waugh, 
March 4, 1920, the same entries appear on the ledger as to the date and amount. 

Q. Now, Mr. Dulin, look at your records and see whether you subpmnaed 
from Concord Township Ed Gibson, J. N. Lackey, R, W. Morris, and J. H. Shu- 
ford?—A. I subpmnaed Ed Gibson, R. W. Morris, J. N. Lackey, and J. H. Shu- 
ford. 

Q. I ask you ^^'hether you did not excuse those on the grounds they were too 
old?—A, I excused J. A. Shuford on the grounds he was too old. 

Q. And excused Sir. Lackey for the same reason?—A. I excused Mr. Lackey 
and iMr. Morris, but Ed Gibson ai)pears from my record to have been examined. 

Q. Statesville outside, receipt No. 238?—A. Mills, Ralph R. 

Q. What does your records show as to him?—A. Paid February 14, 1920, 
$7.46. 

(}. Poll charge<l on that?—A. Poll charged. On the ledger it appears the 
same. 

(}. You know Ralph R. Mills, brother to Oscar, runs the lighting plant?—A. I 
do not know him. 

Q. Look in Chambersburg and receipt No. 244?—A. Chambersburg 244, Mc¬ 
Daniel, R. L. 

Q. What does it show?—A. It shows R. L. was made after ^McDaniel was in 
this nk and this handwriting and shows paid February 28, 1920, and shows a 
footing of $12.13 with poll tax charged. 

(>. I>o you remember Mr. McDaniel being in your office?—A. I remember a 
INIcbaniel appeared on my records. 

Q. To refresh your memory 1 will ask you if he did not come in to tell you 
he was a Republican and paid his taxes?—A. I don’t remember him now; I 
have one on my records somewhere. INIcDaniel is shown here on the records 
as having paid February 28, 1920; no initials. 

Q. Is the amount the same as on the stub of R. L. INIcDaniel?—A. It is the 
same as the amount shown on stub 244. 

Q. Stub 244 has the initials of R. L. McDaniel?—A. Yes; but R. L. is not 
written in the same hand as McDaniel. 

Q. I.ook on your re^^ords and see if you summoned Mr. McDaniel?—A. Cool 
Springs, R. L. McDaniel; excused. 


CAMPBELL VS. DOUGHTON. 


1£05 


Q. i o refiesli your memory, I ask you if you did not excuse him because he 
was a Kepuhlicaii, and further ou the ground he had his tax receipt with him?— 

A. I do not know why I excused, him, but he must have had his receipt with 
him. 

Q. Have you a record of suhpoening Li. li. Mills?—A. What township? 

Q. Cool Sprinfjcs?—A. Yes. 

Q. Look at Turnersburg receipt 79?—A. W. B. Idson, stub 79, paid April 16. 
1920, amount $9.S4. 

Q. as thei’e a poll charge on there?—A. Yes. W. B. Idson appears on the 
ledger as having paid April 17, 1920. 

Q. April 17, 1920?—A. Yes. 

Q. In going over these do you see any signs of erasures e'ther on the stub 
or on the ledger?—A. None except what I have mentioned in my testimony. 

Q. Keep that in mind, any erasures you see, and mention them; otherwise 
it will be taken there were none.—A. No answer. 

Q. I.ook at Coddle Creek No. 1, receipt 227?—A. Stub 227, J. P. Cabin, paid 
December 31. 1919, date not plain. 

(}. Is there a poll charged?—A. Poll tax charged. 

Q. Look at the ledger and see whether they correspond?—A. ,1. P. Cabin 
appears as havhig paid on the ledger December 31, 1919. 

Q. Does tbe amount correspond with the receipt?—A. It does. 

Q. Receipt 245, E. K. Cloninger?—A. Stub 245 E. R. Cloninger paid De¬ 
cember, 1919. day of month not plain. 

O. Poll tax charged?—A. Yes; ledger shows date of payment December 16, 
1919, amount corresponds with the amount on the stub. 

Look at receipt 387, W. F. Evans?—A. Stub 387. W. F. Evans paid Feb¬ 
ruary, 1920, day of month not plain, poll tax charged, total amount $4.40, 
entry on ledger shows date of payment February 28. 1920, amount same as stub. 

Q. Look at receipt 474 J. F. Goodman?—A. J. F. Goodman stub 474 paid 
March 7, 1920, poll tax charged total amount $4.52, ledger shows date of pay¬ 
ment March 17. 1920, amount $4.52.' 

Q. Are the dates the same?—A. I read the stub at the beginning as March 
'7. I believe it is March 17. 

Q. Look at your other record and see if you subpoenaed W. F. Evans and .1. E. 
Goodman?—A. W. F. Evans appears on my record as having been excused. 
J. F. Goodman appears as having been excused. 

Q. Look at receipt 701, Linker, W. H.—A. Stub 701, Linker, W. H., De¬ 
cember, 1919. day of month not plain, poll tax charged total amount $45.55. 
Linker, W. H., on the ledger appears as having been paid December 16, 1919, 
same amount as stub. 

Q. Look at receipt 798, Floyd Mills?—A. Stub 798 Floyd T. Mills, marked 
paid May. year and day of month can not be read, poll charged, total amount 
of stub, $4.40. 

Q. Look at the ledger.—A. Mill, Floyd T., entry shows date of payment 
May 1. 1920, same amount as stub. 

Q. Look at receipt 841, D. M. IMonday?—xV. Stub 841, D. M. Monday paid 
November 25. 1919, poll tax charged, total amount. $10.28. D. M. Monday 
appears on the ledger as having paid November 25, 1919, same amount as on 
stub. 

Q. Look at receipt 840, .1. F. Mullinax?—A. Stub 840, .1. F. Mullinax paid 
April, 1920, day of month not plain, poll tax charged, total amount, $4.40. 
Ledger date of payment, April 19, 1920, same amount as stub. 

Q. Look at receipt 969. Statesville Inside?—A. .loe IMessick, stub 969, paid 
Mercb 22. 1920. PoO tox cbar 2 :ed, amount .$4.68. 

Q. Look at 837. Coddle Creek?—A. Stub 837, V. W. INIorrow, paid February 
11, 1920, poll tax charged, amount $15.97. Ledger entry same as stub. 

Q. Dates correspond?—A. Yes. 

Q. Look at receipt 832?—A. Stub 832, Wade A. Morrow, paid December, 
1919, day of month not plain, poll tax charged. Date on ledger, December 16, 
1919, same amount as stub. 

Q. Same date?—A. I don’t know. I stated that the day of the month could 
not be read. 

Q. Look at receipt 888.—A. .Tohn T. McNeely stub 888. poll tax charged, paid 
April, day of month and year not plain, total amount $93.91. Entry on ledger 
paid April 26, 1920, same amount as stub. 

O. I-'^ok at No. 1351 in the delinnuonts?—.\. Stub 1351, S. L. Pharr, paid 
April 26, 1920, poll charged, amount $10.25. Date of payment and amount ap¬ 
pears the same on the ledger. 


1306 


CAMPBELL VS. DOUGHTON. 


Q. Number 1038, H. B. Rape?—A. Stub 1038 stamped paid, date not plain, 
poll charged, amount $7.78. Entry on ledger paidApril 26, 1920, amount $7.78.^ 

Q. Do the dates and amounts correspond?—A. The date is not plain on the 
stub. 

Q. Look at 1142.—A. Stub 1142, C. L. Sloop, paid February, day of month 
not plain, 1920. Poll tax charged, amount $10.16. Entry on ledger February 
27, 1920, amount same as stub. 

Q. The months correspond?—A. Yes; the months correspond. 

Q. Look at receipt 1328.—A. Stub 1328, Wilson, D F., paid date not plain, 
poll charged, total amount $21.17. Entry on ledger April 30, 1920, amount same 
as stub. 

Q. Look at receipt 1200.—A. W. F. Summers, stub 1200, paid December, 
day of month not plain, 1919, poll charged, amount $10.42. Entry on ledger 
December 23, 1919, amount $10.42. 

(), J.oolv at receipt 1291.—A. Rev. W. E. West, stub 12,91, paid date not plain, 
poll tax charged, total amount $28.40. Entry on ledger March 2, 1920, same 
amount as stub. 

Q. Isn’t it a fact where the date was not plain you did not enter them on 
your record?—A, When I could not read them or where they were not plain I 
called the stub number to Mr. Lee and instructed him to do the same to me 
when he was calling. 

Q. Did you ever after that go to the courthouse and examine the ledger 
there?—A. I did not. 

Q. Receipt 113, Coddle Creek No. 2?—A. Stub 113, W. W. Bradley paid 
February 21, 1920, total amount of tax $4.19, poll included. I do not find 
W. W. Bradley on the ledger; I do find a W. W. Bardley. 

Q. Do the amount of the payments and dates correspond with that of W. W. 
Bradle.v?—A. I read the day of the month February 21, I can only see the bot¬ 
tom end of that figure and it may be 27th. The 27th appears on the ledger for 
W. W. Bardley. 

Q. Amounts appear the same?—A. It does. 

Q. Imok at receipt 61, Davidson?—A. Stub 61, J. E. Chester, paid December 
16, ,1919, poll tax charged, total amount $23.48. Entry on ledger date of pay¬ 
ment December 16, 1919. Amount same as stub. 

Q. Look at 327, Coddle Creek?—A. Stub 327, E. INI. Deaton, paid December, 
date of month not plain, 1919, poll tax charged. Property tax ei'ased, amount 
$3.75. Entry on ledger date of payment December 16, 1919, amount same as 
on stub. 

Q. Look at receipt 345?—A. Stub 345, R. F. Denning, paid April 24, 1920, 
date not plain; poll tax charged, total amount, $3.88. Ledger date of pay¬ 
ment, April 24, 1920, amount same as stub. 

Q. Look at 127?—A. Stub 127, J. F. Howard, paid December 17. 1919, poll 
tax charged, total amount, $8.13. Entry on ledger December 17, 1912, amount 
same as stub. 

(^. Look at your record and see if you had J. F. Howard subpamed?—H. N. 
was excused, J. F. was not served in my opituon. I do not understand his 
mark here quite. 

Q. Look at 1138 Coddle Creek Township?—A. Stub 1138, H. L. Sloop, paid 
December 31, 1919, date not plain. I»oll tax charged, total amount, $14.45. 
Entry on ledger paid December 31, 1919, amount same as stub. 

Q. Davidson Township, look at No. 80?—A. Stub 80, Rhone Christy, paid 
December 16, 1919, total amount of payment, $4.35, date of payment on ledger, 
December 16, 1919, amount same as amount on stub. 

Q. Look at receipt 221?—A. .1. H. .Tones, paid' November, date of month 
and year not plain, total amount of ])ayment, $8.29, poll tax clmrged. Date on 
ledger, November 25, 1919, amount paid, $8.21. 

Q. Is that the same as taxed or did he get a rebate?—A. Cot a rebate of 8 
cents I guess. 

Q. In the center of that receipt it is shown as $8.21 ?—A. Yes. 

Q. Look at receipt 271?—A. Stub 271, R. L. Morrison, paid Mav e ther 1st 
or 2d the date not plain, year 1920. Stub shows poll tax charged and total 
amount $82. Date of payment on ledger, IMay 1, 1920. 

Q. I believe this is the man you excused?—A. I subpcenaed him here and 
excused him. 

Q. Look in the back of the book for Harlee INIorrison?—A. Stub number not 
given, Harlee Morrison, paid December, 1919, day of month can not be read. 


CAMPBELL VS. DOUGHTON. 


1307 


poll tax cliaij^ed, total anioiiiit, $3.75. Entry on ledger, date of pavinent De¬ 
cember 31, 1919, amount the same. 

Q. No. 944 in Coddle Creek?—A. Stub 944, J. D. Nixon, paid January 8, 1920, 
poll tax charged, total junount, $;).80. Entry on ledger sliows date of ])avment, 
January 17, 1920, amount same as stub. 

Q- 'yill ^"o to Davidson now and look at 47G?—A. Stub 470, Williams, 
\\. B., paid December, day of numtli not plain, day of year not plain but 
appears to be December 10, 1919, poll tax charged, total charged, $4.50, erasure 
as to the total amount. 

Q. How much is property tax?—A. Does not show property tax, shows a 
footing of, I do not know how much, hut it was erased. 

Q. Isn’t there a si)ecial school tax charge of 45 cents?—A. Yes. 

Q. Look at the ledger now? A. Y illiams, W. B., date of payment on ledger, 
December 10, 1919, amount same as stub. 

Q. T.ook at stub 47o? A. Stub 475, C. T. Wally, paid, date not plain, appar¬ 
ently Noa ember 2, 1919, poll tax charged, total amount, $17.34. Ledger shows 
November 21. 1919, date of payment, amount same as stub. 

Q. Now, Mr. Dulin, as far as we have gone through these townships you 
can see by this examination a great many subpmnas were issued for folks who 
had paid their taxes and the stubs of the county showed they had paid them, 
how do you account for them?—A. The names you have called here I have not 
compared them with the names I had subpoenaed and I do not know whether 
they compare or not. 

Q. Should it appear they were actually subpoenaed and examined as witnesses 
in the case, how do you account for the fact that you made these mistakes?— 
A. I do not account for the fact that I made any mistakes. 

Q. If it should appear by.the evidence these people came here and were 
examined and swore they paid their poll tax, and the stubs show they were 
paid, how do you account for the fact you subpoenaed them here?—A. The 
reason I subpoenaed, according to our record we made up of the poll-tax stubs 
showed they were not paid. 

Q. And now as j’ou read these same stubs you did not notice any erasures?— 
A. Just a few. 

Q. Those few you called being the only ones?—A. I called the erasures I 
noticed as going over. 

Q. Now, Mr. Dulin, the witnesses subpoenaed in the other townships we have 
not gone over, are they about the same as we have gone over; that is, people 
who have voted that paid their poll tax; about the same amount of them pro¬ 
duced tax receipts as in the townships we have gone over?—A. I don’t re¬ 
member about that. If thei'e are any discrepancies you think exist, let’s have 
them. I will look up every one of these for you if the stenographer will stay 
here. 

Q. You have been shown several of the tax-receipt books since you have been 
on the stand under cross-examination ; do you find those books in the same 
condition as when you had them, so far as you could tell?—A. I d’d not observe 
them very closely. I .lust looked for the amounts and the data you called for. 

Q. The general condition of the books, aren’t they the same as when you had 
them?—A. They appear to be in about the same order. There are some erasures 
and some additions I did not find on going over. 

Redirect examination hy C. M. Adams : 

Q. Have you any further remarks to make?—A. I have investigated the office 
of the register of deeds, together with the register of deeds of Iredell County, 
and we have been unable to find any recoi-d certified by the judges of the 
election in the third ward precinct, Statesville, or any other precinct in the 
county certifying that the poll books were a correct record, and Mr. Morrow 
stated to me that he has no such record made by the judges of the election. 

Q. Who is Mr. Morrow?—A. He is the register of deeds. 

Q. Custodian of the books?—A. He is. 

Recross-examination; 

Q. The poll books are down in the register of deed’s office, aren’t they?—A. 
I do not know whether the poll books are there or not. 

Q. You have seen the poll hooks of the townships?—A. I have seen a good 
many purported to he poll books for the townships. 

Q. You saw the one for third ward ; in fact, you had it several days?—A. I 
know we introduced the poll book, but have never been able to get it to .go 
with the records. 


1308 


CAMPBELL VS. DOUGHTON. 


Q. That hook yon have is the poll book for TurneiNsbiirg Township?—^A. Ap¬ 
pears to he; yes. 

Q. Look on the inside.—A. Q^hese poll hooks were filed with the register of 
deeds; the names of persons voting in the election held at the polling place, 
Mount Bethal, Iredell County, November 2, 1920. That heading is to all poll 
Books?—A. The heading you have just read is, so far as I have observed; hut 
this heading is not signed by either of the judges or the registrar for that pre- 
'Cinct or anybody else. 

Q. But they were filed with the register of deeds as poll books?—A. I don’t 
Bnow about that. I asked if he had any certification that the names appearing 
on the poll books were a correct record of the votes cast at the various precincts, 
and he went through his records and told me he could find no such certification. 

Q. He gave you poll books as delivered to him, did he not?—A. He never gave 
me any poll books; they were not in there. 

Q. Before this hearing commenced you were in there and saw all the registra¬ 
tion and poll books, did you not?—A. Bor a while I had access to them, but after 
I had access to them for about a week they suddenly disappeared, and I finally 
located them in J. A. Hartness’s office, clerk of the court, and I had a con¬ 
siderable argument as to whether I could get a copy or not; the deputy clerk did 
not want to let me have a copy. The registrar of deeds persuaded him to let 
him have the names so that I could get the two poll books I desired. After that 
I had access to the poll books and to the reg stration books for a per od of 
time; then I applied to the register of deeds again for the poll books and 
registration books, and he did not have them. I wanted the registration books 
for the purpose of checking the list I introduced to show the ages of those who 
had not paid poll tax, according to my records. Mr. Lewis told me he had them 
locked up in the sherTf’s office after they informed me they were not in the 
register of deed’s office, but it was the morning we commenced this hearing 
and I would not have had time to look at them. I have been handed a book 
here that purports to be the poll book for Statesville precinct No. 3. I read 
from the heading: “ Name of persons voting at the election held at the polling 
place, blank precinct, blank county. North Carolina, on the blank day of 
blank, 191 blank.” 

Q. From the back, that book it sho\vs you it is Statesville, No. 3, doesn’t it?—• 
A. I have examined this book and find no certification in it. 

Q. What do you find on the back of it?—A. I find on the back of the book: 

Poll book, Statesville. No. 3 precinct. - Township. - County. I 

looked for a book in the register of deeds’ office that indicated the absentee 
voters of the third ward, but I was never able to find such a book. 

Q. As a matter of fact isn’t that the third ward poll book you had?—A. It 
is marked ” Third ” and has third ward names in it, but it is not the th’rd 
ward poll book. I do mfi accept this book as the third ward poll book; it 
may be a book kept at that time. 

(And at this date of taking evidence, to wit, at Statesville, Iredell County, 
N. C., on this the 6th day of INIay, 1921. 5.30 p. m., taking of evidence was 
concluded, and no further evidence will be offered in the matter of .lames I. 
Campbell, contestant, v. R. L. Doughton, contestee. And being present, .1. A. 
Stewart, commissioner of testimony; I*. P. Diilin, iMonroe Adams as attorneys 
for the contestant; James I. Camihell and Lewis & Lewis and W. D. Turner, 
attorneys for contestee, R. L. Doughton.) 

North Carolina. 

Iredell Countif: 

I. J. A. Stewart, notary public in and for the county of Iredell, as com¬ 
missioner of testimony in the hearing of James I. Campbell, contestant, and 
Robert I.. Doughton, contestee, do hereby certify that the above transcript of 
evidence by Mrs. John H. Bolton as stenographer, who was duly sworn by me, 
IS a true and correct copy of the evidence produced before me as commissioner 
of testimony at Statesville, N. C., on the 4th, 5th, and Gth days of May, 1921. 

I SEAL. ] . J. A. Stewart, 

Notary Puhlie and Commissioner of Testimony. 

My commission expires October 26, 1922. 

(Thirty-two envelopes containing tax receipts, etc., and 16 envelopes contain¬ 
ing absent voters’ certificates omitted in printing.) 

(Contestant’s exhibit poll tax book omitted in printing.) 




INDEX 


(For Index to Addendu, see page 1585.) 

Page: 

Notice of contest_ 3-19 

Proof of service_ IS" 

Answer to notice of contest_19-34 

I’roof of service_ 26' 

Appearances for contestant: 

Adams, Monroe_ 406, 427, 465, 497, 549, 824. 945, 996,1035,1069 

Kangiiess, W. K__ 649, 810 

Bogle, W. E_ 1073 

Britt James J_ 34, 64, 256, 353, 406 

Burleson, I. R_ 1073 

Campbell, James I_ 34.61,497,519,621.649,793,824,943.945.1073,1166 

Campbell, W. L_ 497, 519, 549, 621. 945, 996, 1073.1166 

Diilin. P. P_ 34,64,256,326,353,391,824,941,943 

Holton, A. E_ 34, 64, 406. 427, 465 

Re.vnolds, G. D. B_.519, 549.1073 

Spicer, C. B_ 621. 649, 793, 810 

Waggoner, J. M_ 406, 427. 465, 497, 996,1035,1069,1071,1166 

Appearances for contestee: 

Austin, W. B_ 621, 649’ 

Bickett, T. AY_ 34, 64, 4(X), 427, 465, 497, 996,1073 

Bowie, T. C_ 649, 793, 810 

Brown, Sikes & Brown_ 1073 

Caldwell, L. C_-_34. 64 

Carlton, P. S_ 106.127,465,497,996.1035,1069.1166 

Craig, Kerr__•_ 406, 427, 4(55, 497, 996, 1035,1069, 1071.1166 

Houghton, Robert L_ 34, 64, 406. 427, 465. 497, 519. 549, 621. 

649, 793, 824, 945 996,1035, 1073,1166 

Hnneycutt, A. C_ 1073 

Ingram, R. R_ 1073 

Lewis & Lewis_ 34, 64, 256, 326, 353, 391. 821, 941. 943 

Long, Z. V_ 256, 326, 353. 391 

Long Jurney_ 34,64,821 

Mann, W. L_ 1073 

Newland AV. C_ 519, 549, 915 

Park, G. L_ 621,619,793,810 

Price, J. R_ 1073 

Pr ichard, J. T_519.519 

Smith, R. L_ 10<3 

Spurling, L. S_519, 94o 

Squires, Alark- 519,549 945 

Turner, H. C-- 1073 

Turner, AY. I)_ 34,64,256,320,353.391.824.941,943 

AYakefield Lawrence_ 519,549,94.5 

AYoodson. AAhiltcr II_ 996,10.35.1069.1071,1166 

Notary’s certllicate- 94, 2.)6. 366. 375. 391, 405, 400,. 

.519, 549, 621,718, 793, 824, !)12, i)44, 996, 1009, 1168, 1308 

I 











































II 


INDEX. 


Page. 


Notary’s. siibiKPna_^20,1072 

Officers before whom (lei)ositions were taken : 

Adams, INIonroe_34, 64, 519, 621, 649 

Cotton, AV. L_ 1078 

Dorsett, Mrs. .1. D_ 406, 427, 465, 497,1166 

MeCnbbms, B. D_ 996,1069. 1071 

Boland, .1. A_ 793, 810 

Scholl, W. F_ 944 

Shank, Alarie_ n49 

Stewart, J. A_ 326. 358, 391. 82 1 

Stenographer’s certhicate_ 778, 793, 824, 941, 944, 995.1071, 1165 

Testimony for contestant_ 34-718,1166-1308 

Testimony for contestee_719-1166 

Witnesses for contestant: 

Ahernathy, H. H_- 299 

Abernathy, Ralph A- 291-292 

Adkins, A. H_ 377 


Agner, J. L_ 497 

Albea, W. M_ 203-211 

Alexander, Clyde_ 309-310 

Alexander, J. R_ 265-266 

Alexander, M. P_34-36 

Anderson, L. A_ 400 

Armstrong, J. Lee_418-421 

Arthurs. W, H_ 364 

Athev, Frank_:_ 441-442 

Atwell, P. I)_ 229-231 

Austin. B. L_ 497-499 

Austin, T. W_ 596 

Austin, W. B_ 622-627 

Baggerly, C. A_ 400 


Badey, I. T_ 

Baity, C. W_ 

Ballard, J. R_ 

Baker. J. D_ 

Baker, R. P_ 

Barker, IM. L_ 

Barkley, .1. A. W_ 

Barlow, Creene_ 

P>arrier. H. R_i__ 

Bean. E. H_ 

Beaver. L. (’_ 

Belk, William W_ 

Bell, C. F_ 

Bell, AV. T_ 

Blackv/ehler, Airs. Katie 

Blackwelder, Nathian_ 

Blackwelder, N. F_ 

Blanken.ship. C. C_ 

Bost, H. C_ 

Bost, J. R_ 

Boston, H. S_ 

Boyater, A\\ A- 

Bradford. Bryan_ 

Bradford, J. A_ 

Bradley, AY. AY_ 

Bradly, Fred Lee_ 

Brady, Ed_ 

Brady, E. L- 

Brady, E. R_ 

Brawley, R. M- 

Brawley, T. O- 

Bridges, AA\ F- 

Bristol. H. C_ 

Brooks, AAh A. (Arthur)_ 


_ 434,436-437 

_ 400 

_ 290-300 

_ 699-703 

_ 680-684,688 

_ 422-424, 449, 482-483, 489 

_89-93 

_610-614 

_ 377 

448, 449-465, 484-489. 510-514. 518 

_ 136-137 

_ 363 

_ 315 

_ 299 

_ 50 

_ 363 

_ 140-149 

_ 368 

_ 299 

_ 257-258 

_ 466-468 

_ 402 

_ 384 

_ 138-145,167-171. 354-355 

_ 342 

_ 290-291 

- 355 

- 315 

- 316 

- 101-105 

- 115-121 

- 300 

- 298 

- 649—651 

































































INDEX. 


Ill 


Witnesses for contestant—Continued, 

Brown, Ciande_ 

Brown, H. C_ 

Brown, John M_ 

Brown, ]Mrs, J, B_ 

Brown, O, L_ 

Brown, U, INI_ 

Brown, T, N_ 

Bunch, A, W_ 

Bush, G. Z_ 

Bush. J, A,, sr_ 

Bustle. Clyde_ 

Bustle, J. L_ 

(Calloway, B. H_ 

Cainphell, J. W_ 

Canup, W. H_ 

Cartner J. T_ 

Cartner, L. B_ 

Carusus, A_ 

Cash, J. W_ 

Cash, U. L_ 

Cash, S. P_ 

Cashon, J. T_ 

(’hester, INIiss Dorothy_ 

( Jiester, B. B_1_ 

Chester, J. E_ 

Chester, W. F_ 

Christopher, G. H_ 

Chr stopher. K. D_ 

Christy, U. G_ 

Giles, C. H_ 

Clark, Ambrose_ 

Clark, J. M_ 

Clarke. INIrs. Imcile W_ 

Cline, D. jNI- 

Cline, P. I)_ 

Clinton, K. A_ 

Clonin.aer, E. R_ 

Cockrane, J. D., jr_ 

Coffee, T. S_ 

Coffey, J. K_ 

Colyard, Mrs. Fannie_ 

Cohert, J. E___ _ 

Compton, Grant_•_ 

Cook. Todd L_ 

Cooke, N. M_ 

Cooper, J. B_ 

Corl)in, J. P_ 

Corpenini:;, O. J_ 

Correll, J. E_ 

Correll, Wade_ 

Couple, H. G_:- 

Cowan, W. F_ 

Craiit, R. H_ 

Crayen, C. W_ 

Crawford, J. W_ 

CIrisp, John IM_ 

Crumi). John M_ 

Cruse. J. R_ 

Current, C, S_ 

Curtis, Walter_ 

Danner, R. IM_ 

Davidson, C. P_ 

Dayidson, O. R_ 

Davidson, Ross_ 


Page. 

341-84-J 

_ 34S 

326-327 

_ 465 

363-364 

_ 517-518 

_ 284 

_ 265 

581-582 

_ 560-564 

_ 368 

—_ 367-368 
711-713 

_ 395 

_ 507 

_ 436 

_ 395 

_ 282 

_ 355 

6(>-68, 9^1-94 

_ 257 

237-239 

_ 568-569 

_ 327 

_ 342 

_ 301 

_ 301 

_ 300 

_ 348 

_ 313 

663, 676-679 
235-2116 
___ 608-609 
577-580, 582 
___ 239-240 

_ 368 

___ 327-328 

_ 402 

_ 72-75 

___ 582-583 

_ 643 

_ 249 

___ 114-115 
___ 607-608 
_ 402 


_ SZi 

_ 565 

_ 468 

_ 587-589 

_ 307 

_ 394 

_ 301 

95-101,106-108 

O rr 


520-521, 554-555 

_ 597-598 

_ 424-425 

_ 395 

_ 609-610 

_ 395 

_ 403 

_ 356 

_ 259 


































































IV 


INDKX 


Witnesses for contestant—Continued. 

Davis, J. ]\r- 

Davis, T. I_ 

Deal, B. F_ 

Doal, C. A_ 

Deal. J. N_ 

Deal, D. R_ 

Deal, Waltei'_ 

Dean, Mr_^- 

Deaton, E. INI_ 

Deaton, F. G_ 

Deaton, J. C_ 

Deitz, Roy_ 

Denn'njj, R. F_ 

Dickens, M. D_ 

Dickson, R. L_ 

Din. 2 :ler, K. L- 

Dobbins, C. J__ 

Dorsett, J. D_ 

Downes, Felix_ 

Drum, ]\Irs. C, B- 

Dula, Dr. A. W_ 

Dunierx. R. E_ 

Edwards, C. C_ 

Edwards, I. J_ 

Edwards, M. B_ 

Eidson, W. B_ 

Elam,. J. W_ 

Eller, David_ 

Ellis, ri. L_ 

Ellis, J. L_ 

Erp, L. C_ 

Ervin, T. E_ 

Erwin, C. PI_ 

Plvans, W. L_ 

Fairchild, J. F_ 

Fairch Id, J. O_ 

Fairchild, R. A_ 

Fann, C. H_^_ 

P^iw, Mrs. Jennie_ 

P^aw, Juanis_ 

Fe mster, P. F_ 

Feiinster, P. S_•_ 

Field, Miss Jennie R_ 

Fields, Fred M_ 

Fink, PluA’ene D_ 

Pbnley, J. H_ 

F re, S. L_ 

Fleiniiia:, John I.-_ 

Frick, C. F_ 

Frontice, Dr. S_ 

Fullbright, W. B_ 

Furchess, H. V_ 

Furchis, T. D_ 

Gabriel, Frank_ 

Gaither, E. B_ 

Gaither, R. G-- 

Gamble, W. L- 

Gant, C. H- 

Gant. W. B_ 

Gantt, M. L- 

Gaskey, J. A- 

Gatlin, W. G- 

Gentry, J. H- 

Gibson, M. N- 

Gilbert, R. L_ 


Page. 

_ 870 

_ 882 

_ 8b(; 

___ IS."), ^8(5 
118-114 
___ 288-289 
___ 428-429 

_49^97 

_ 848 

_ 297-298 

_ 421 

_ 288 

_ 848 

___ 707-708 
___ 696-699 

_ 328 

___ 614-620 
407-418, 483 
___ 522-524 

_ 64-65 

544-548 

_ 304 

_ 308 

_ 381 

_ 302-308 

_ 382 

_ 896 

667-669 

_ 302 

__ 283,289 

_ 369 

_ 227-229 

_ 869 

__ 584-536 

_ 121-128 

_ 352 

_ 340 

_ 386 

_ 636-637 

_ 642-643 

_ 391 

_ 387 

_ 635-636 

_ 344 

_ 343-344 

_ 292-293 

_ 334 

_ 425-426 

_ 509 

_ 341 

_ 356 

_ 253-255 

_ 708-709 

_ 328 

_ 396 

_ 317 

_ 249-252 

_ 239 

_14.5-146 

_ 516-517 

_ 483-484 

_ 303 

_ 317-318 

_ 369-370 

_ 356-357 



































































INDEX. 


V 


AVitiiesses for contesitant—Contiiiiiecl. 

Gileam, L. S_ 

Gill, Grady_ 

Gillespie, G. L___ 

Gilliland, N. L_ 

Goode, Dr. T. V_ 

Goodin, C. H_ 

Gotxlin, F. H_ 

Goodman, A. C._ 

Goodman, S. M_ 

Goodman, W. B_ 

Goodman, W. G_ 

Goss, Jesse_ 

Graeber, K. W_ 

Gray, E, E_ 

Gray, James_ 

Graybeal, B. B_ 

Green, C. \V_ 

Greer, J. W_ 

Griffin, Q. B_ 

Grist, F. _ 

Grogs, J. V- 

Gross, H. S_ 

Gryder, D. W_ 

Guy, J. Ivey_ 

Hall, F. G_ 

Hall, W. A_ 

Hall, Mrs. W. A_ 

Ham, J. R_ 

Ham. Miss Hattie_ 

Hancon, W. E_ 

Hardin, J. O_ 

Harless, Grant_ 

Harmon, D. W_ 

Harmon, J. C_ 

Harris, Charles_ 

Harris, Ed. T_ 

Harshaw, J. M_ 

Hartley, Boyden__l_ 

Hartness, J. A_ 

Hayes, D. E_ 

Heritage. E. O___ 

Herndon,’J. H_ 

Hill, Frank A_ 

Hobson, J. H_ 

Hoke, O. H_ 

Holdertield, J, W_ 

Holifield, J. AV_ 

Holman, Alex_ 

Holman. A. T_ 

Holsclaw, Cleve- 

Holsolaw. Ciib- 

Honberger, John_ 

Hoover, L. C_ 

Hoover. L. H_ 

Hoover, S. Z__ 

Hoover, W. E_ 

Horton, AV. H_ 

Houston, J. N_ 

Houston, S. H- 

Howell, John_ 

Hudler, I. N_ 

Hndler, Kohert- 

Hunter, A. C- 

Huston, J. - 

Huston, L. K_ 

57005—21-83 


Page. 

_ 256 

ziziiziiirziziziiizr377-378 

_ 589-594,609 

_ 313-315 

_ 387 

_ 392 

_ 316-317 

_ 151-158,163-165 

_ 391 

_ 344 

_ 670-674.676,679-680 

_ 405 

_ 340^341 

_ 283 

_ 694-695,703-707 

_ 394 

_ 661-662 

_ 396 

_ 602-607 

_ 596-597 

_ 128-134 

_ 65 

_ 318-319 

_ 503-504 

_ 438-440 

_ 440-441 

_158-159 

_ 674 

_ 325-326 

_ 713-715 

(540 

_ 218-221,227 

_ 150-151 

_ 435 

009 

’_ZZZZZ”595-593 

_ 564-565’ 

_ 48-50 

_ 396 

_ 293-294 

_ 319 

_ 403 

_ 476-478 

_ 357 

_ 537-544 

_ 558-559, 566-567 

_ 653 

_ 585-586 

_ 567 

_ 507-568 

_ 303-394 

_ 357 

_ 318 

_ 358 

_ 358 

_ 328 

504—505 

_r_ 108-113,115,137-138 

_ 688-691 

_ 654-655, 669-670 

_ 652 

_ 304 

_ 370 

_ 367 

































































VI 


IIs^DEX, 


Witnesses for coiitesLaiit—Continued. 


Huston, AV. L_ dt)( 

Jacks, W. M_ 379 

Jackson, J. F_ 319 

Jenkins, J. H_ 281-282 

Johnson, Albert F_ 354 

Johnson, B. A_ 341 

Johnson, C_ 335—336 

Johnson, E, F_ 299 

Jones, Mrs. Daisy- 442-443 

Jones, Howard_ 348 

Jones, W. L_ 328-329 

Jordan, J. W_ 221-226 

Jordan, It. INI_ 392 

Jurnev. C. C_ 392 

Kale, E. L_ 329 

Kale, J. E- 2S4 

Karr ker, L. A_ 429-439 

Kavlor, Rome_ 528-533, 536 

Kelley, W. P_ 305 

Kennerlv, A. M_134-136 

Kerr, l! D_430 

Kesler, J. C_ 499-503 

Keyton, Spurgeon- 304-305 

Kilpatrick, AV. T_166-167 

Kimball, AACH_ 240-242 

Kimmons, Mr_ 266 

Kinder, R. G___ 396 

King, D. B_ 598-599 

Kinlev, Roy_ 352 

Knight, Hill- 284 

Knox, C. H_159-163 

Lackey. A. AV_ 319-320 

Lackey, E. E_ 320 

Lackey, J. W_ 319 

Lackey, T. S_ 370 

Lackey, Vernon_ 235 


Lackey, W. C_ 371 

Lazenby, Ralph M- 320 

Lee, H. T_ 329 

Lentz, P. C_ 509-510 

Lentz, R. AV_•___ 505-507 

Lentz, Yiley_ 362 

Leonard, R. M_ 474-476 

Levar, R. W_ 392 

Lewis, John G-36-43 

Lindsey, Carl M- 305 

Linker, Edgar- 329 

Linker, W. H_ 352-353 

Linn, J. M_ 384 

L'ppard, Clyde_ 363 

Liske, Neely_ 484 

Litaker, M. L- 285 

Little, E. E_C_ 236-237 

Little, Roy_1_ 358 

Loflin, John A_ 448 

Lowrance, A. L-44-48 

Lunsford, J. D_ 376 

McClain, H. C- 321 

McClellan, J. L- 308 

McCondle, R. C_364 

McCormack, B. B- 308 

McCraven, A. T- 349 

McCrury, Robert A- 321 

McCubbins, J. F_ 406-407,427 

McDaniels, Vance- 384 
































































INDEX 


VIT 


AVitiiesses for coiiteF'taiit—Continued. Page. 

McLain, Fred_ 3G2 

AIc-Lain, Geor.c:e_ 849 

McLain, .T. AVebb_ 338 

AIcLain, R. L_ 34G 

AIcLain, W. AI_ 349 

AIcLelland, D. N_ 212-218, 221, 22G-227 

AIcLelland, Alisfs Eulalia_ 243-245, 255-25G 

ATcNeely, Joe A_ 345 

AIcNeely, T. R_ 34G 

Alackey, J, S- 34G 

Alaize, H. R_ 320 

Alann, John_ 331 

Alarsball, C. O_ 315 

Alarsliall, (4. E_ 30G 

Marshall, Alarvin F_ 30G 

A lay, Bob_G45-649 

Alelcbor, A. O_ 331 

Alelchor, H. W_ 330-331 

Alelcbor, Alack K_ 347-348 

Afenish, N. P_30G-307 

Ales’ck, Joe_ 330 

Alesner, AV. A_ 374 


Alessick. Shuler_ 

Aliller, Ed O_ 

Aliller, Geor^re__ 

Aliller, Henry- 

Aliller, Lewis___ 

Aliller, P. L__ 

Aliller, T. E_ 

Aliller, T. J_ 

Aliller, AVilliam_ 

Alills, Charles_ 

Al lis, Floyd_ 

Alills, Henry A_ _ 

Alills, John L_ 

Alills, J. P., jr_ 

Alills. R. AV___ 

Alillside, R. D_ 

Alillstead, AA^ L___ 

Alinnish, AA". L_ 

Alitchell, C. A_ 

ATitchell, Eugene_ 

Alitchell, Flovd_ 

Alitchell, AV. L_ 

Alondan, D. AI_ 

Aloore, Airs. Agj?ie_ 

Aloore, E. S_^_ 

Aloore, Prank_ 

Aloore, P. S_ 

Aloore, Roger_ 

Aloore, R. L_ 

Aloore, R. S_ 

Aloore,’ aV. A_ 

Al(M)re, AA". C., jr_ 

Aloore, W. Al_ 

Aloose, C. N_ 

Aloose, IL L_ 

Aloreland, Lon AA'est_ 

Alorris, F. S_ 

Alorrison, D. Neal_ 

Alorrison, J. Clint_ 

Alorrison, J. Tilden_ 

Alorrison, Al. Al_ 


_ GOO-602 

_ G40-64T 

_ G41-G42 

_ GG3-GG7 

_G4.3-644 

_ 637-G40 

_ 371 

_ 392 

_ 294-295 

_ 285 

_ 331-332 

_ 345 

_ 332 

_ 345 

_ 24G-247 

_ 286 

_ 51 

_ 526-528 

_ 403 

_ 388 

_ 388 

_ 240 

_ 353-354 

_ 569-570 

_ 322 

_ 468 

_ 359 

_ 68-72 

_ 445-446 

_ 399 

_ 365 

_ 308 

_ 524-525 

_ 397 

_ 360 

_ 387 

_ 322 

_ 366 

_ 353 

_ 308 

_ 372 

_ 371-372 

_ 307 


















































































VIII 


INDEX. 


Witnesses for conteF-taiit—Continued. 

Morrison, W. E- 

Morrison, W. O-^- 

INIorrison, W, Press- 

INIorrison, W. Ross- 

Morros, C. B_ 

Morrow, George- 

iMorrow, H. G- 

Morrow, W. A- 

IMorrow, W. H- 

Morton, Nelson- 

Mowbry, E. G_ 

IMiillinor, J. F_ 

Mullis, D. A- 

Murdock, John A- 

Murdock, J. R-- 

Myers. Ben_ 

i Myers, M, A- 

Nash, E. L- 

Nash, M. F_ 

Nash, V. H_ 

Neal, Sam S_ 

Nesbith, J, S_ 

Newton, John W- 

Nicholson, Dr, W. M- 

N.ckson, J. D- 

Norris, J. A- 

Owens, Bill- 

Owens, Fred- 

Parker, J. D_ 

Patterson, L. B_ 

Patterson, T. S_ 

Payne, J. C_ 

Peacock, S. C_ 

Perryman, R. L_ 

Phifer, J. H_ 

Phillips, Hiram_ 

Phipps, Floyd_ 

Phipps, M. W_ 

Phipps, W. F_ 

Pierce, J. A_ 

Plyler, A. C_ 

Pope, J. R-_ 

I'owers, A. M_ 

Price, D. T_ 

Quarry, R. C_ 

Rabe, T. J_ 

Rainer, D. M_ 

Ramsey, J. R_ 

Rape, H. B_ 

Rash, J. F_ 

Ratlidge, G. W_ 

Reed, G. C_ 

Reed, Mr_ 

Real, J. L_ 

Renegar, E. D- 

Rhine, Dr. S. A- 

Roark, M. C- 

Roberts, J. J- 

Rol)bins, J. B- 

Robinson, Turner_ 

Rogers, E. M- 

Rufty, J. E- 

Rumple, T. A- 

Rupert, Rex- 

Russell, Austin- 


Page. 

_ 51-52 

_ 372 

_ 312-313 

_ 372 

_ 3G2 

_ 330 

_ 359 

_ 332-333 

_ 376 

_ 397 

_ 332 

_ 240 

_ 359 

_ 371 

_ 380 

_ 400-401 

_ 322-323 

_ 404 

_ 403-404 

333 

_ 346 

_ 333-334 

_ 234-235 

_ 349 

_ 323 

__ 653-654 

_ 365 

_ 388 

_ 316 

_ 309 

_ 309 

_ 497 

_ 444-445 

_ 364 

_ 684-688 

_ 655-656 

_ 657-658 

_ 652-653 

_ 627-632 

_ 94-95 

_ 309 

_ 651 

_ 310 

_ 382-383 

_ 507-509 

_ 267-269 

_ 295 

_ 334 

_ 393 

__ 434-435 

_ 360 

_ 323 

_ 387 

_ 401 

_ 339-340 

622, 691-694, 709 

_ 584-585 

_ 105-106 

_ 334-335 

_ 347 

_ 373 

_ 310 

__ 383 



































































INDEX 


IX 


Witnesses for contestant—Continued. 

Sanders, Thomas A_ 

Scott, F. U_ 

Scott, L. M_ 

• Seahorn. F. F_ 

Sein, A. B_ 

Sells. W. R_ 

Sexton, J. P__ 

Sexton,' Mrs. Prior_ 

Shank. M. A_ 

Sharpe, J. E_ 

Sharpe, J. M_ 

Sharpe, John M_ 

Shaver, A. M_ 

Shaver, William Love_ 

Sheets. Claude_ 

Shelton, E. M_ 

Sher 11, Conrad_ 

Sherrill, J. G_ 

Shernll, W. T_ 

Shinn, Alvin_ 

Shinn, B. L_ 

Shinn, T. C_ 

Shipley, George S_ 

Shoemaker, J. V_ 

Shoemaker, N. L__ 

Shoemaker, K, L_ 

Shoemaker, W. INI_ 

Shook, L. A_ 

Shuford, T. D_ 

Siceloff, E. K_ 

Sides, A, L_ 

Sides, L, C_ 

Sigmon, S. F_ 

Sikes, J. A_ 

Sills, O. G_ 

Simons, Albert_ 

Sloan, Karl_ 

Sloop, S. M_ 

Sloop, W. A_ 

Sloop, W. L_ 

Smith, E. H_ 

Smith, W. L_ 

Sowers, C. G_ 

Speaks, D. _ 

Speaks, I, T- 

Sprinkle, J, W_ 

Stamper, R. S- 

Stanley, J. F- 

Stansberry, J. D_ 

Steele, J. T_ 

Steven, C. H_ 

Stevenson, E. B_ 

Stewart, Everett O_ 

Stewart, F. D- 

Stewart. J. H_ 

Stewart, W. B_ 

Stimpson, Ben A_ 

Stimpson, S. O___ 

Stirewalt, Mead- 

Stirewalt, Robert B_ 

Stone, C. R_ 

Stroud, A. P_ 

Stroud, E. A- 

Stroud, R. W_ 

Summers, J. W_1- 


Page 

_:_ 325 

_ 389-390 

_ 380 

_ 550-553 

_ 662-603 

_ 602 

_514-516, 518-519 

_ 385 

_ 269-281 

_ 391 

_ 393 

431-433 
709-710 
_ 324 

_ 385 

_ 350 

565-566 
_ 365 

_ 365 

_ 366 

_ 292 

_ 376 

_ 310 

_173-181,211-212 

_ 324 

_ 361 

_ 247-249 

_ 389 

_ 311 

_ 258-259 

_ 350 

_ 324 

_ 399 

_ 296-297 

_ 286-287 

_ 447 

_ 365 

_ 347 

__ 570-573 

_ 378-379 

_ 478-482 

_ 260-265 

_ 301-302 

_ 393 

_ 373 

_ 658-661 

_ 710-711 

_ -379 

_ 337 

_ 375 

_ 385 

_ 360-361 

_ 145,146,171-173 

_ 385 

_ 287 

_ 295-296 

_ 577 

__ 466 

___ 373 

378 
389 

_ 397 

___ 398 

































































X 


INDEX. 


Witnesses for contestant—Continued. 

Summers, P. H- 

Summers, R. B- 

Summers, S. M_ 380 

Summers, W. F_ 338 

Swisher, G. C_ 378 

Tayes, A. W_ 390 

Teague, C. A_ 573-577, 580-581 

Tharpe, A. AV_ 201-203 

Tharpe, R. V_ 252-253 

Thomas, C. W- 325, 326 

Thomas, J. N_—— 398 

Thompson, Fletcher_ 381 

Thompson, M. V---— 298 

Thompson, W. F_i- 437-438 

Throneburg, Lawrence_ 583-584 

Tomlin, J. I_—_ 326 

Torrence, W. E___ 337 

Trivett, E. F_ 695-696 

Troutman, W, C_ 311 

Tucker, E. E_ 325 

Tucker, R. C_ 361-362 

Tucker, Thomas L_1_ 404 

Vanhoy, H. P_185-191 

Wagner, L. C_ 52-63 

Wallace, T. G_:__ 192-201 

Waller, W. D_ 366 

Wally, C. T_ 350-352 

Waiiick, W. F_ 405 

Waugh, Lester_ 381 

Way, J. H_ 559-560 

Webber, T. R_ 394 

Weddington, W. S_ 386 

_Weisner, B. E_:_191-192 

Welborn, John_ 390 

Welch, Monroe_ 674-676 

West, A. C_311-312 

West, A. R_ 398 

West, Bruce_ 366 

West, Frank_ 311 

West, R. N- 440-447 

West, W. E_ 338 

Westmoreland, Rub_ 374-375 

Whisnant, H. C_ 568 

Wbisnant, Tom_ 586-587 

White, L. O_75-81 

White, R. A- 287-288 

Whitener, S. O_ 386 

Whitley, Adam_ 338 

' Wilcox, W. M-715-718 

Williams, B. F_182-185 

Williams, D. L_ 181-182 

Williams. M. B_ 384 

Williamson, W. B_ 35 O 

Wilson, C. S- 390 

Wilson, D. F- 337 

Wilson, John B_ 334 

Winecoff, T. M_ 498-474 

Winsor, AV. S-^_ 398 

AVitherspoon, A. G_ 633-635 

AA’oods, Frank- 970 

AA'oods, Harold_;___ 231-234 

AVoodside, R. H- 342 

AVoodward, AA\ AA^- 383 

AVooten, J. M-:__ 401-402 




































































INDEX. 


XI 


Witnesses for contestant—Continued. 

Wycoff. Mrs. Eva_ 

York, A. F_ 

Yonn:?, (I. M _ 

AVitnesses for contestee; 

Ahslier, Adam_ 

Atrner, .1. L_ 

Albea. AV. M _ 

Alexander, J. R_ 

Alexander, AI. P__ 

Allen, Airs. Robert_ 

Andrews, R. E_ 

Austin, AA\ B_ 

Ayres. A\\ A_r_ 

Bailey, Ira T_ 

Baker. Hiram_ 

Baker, R. P_ 

Ballew, J. G_ 

Barbee, Adam_ 

Bare. George F_ 

Barker, A. P_ 

Barlow. Airs. Julia_ 

Barnbardt. Richmond_ 

Barr, R. C_ 

Bass, G. AY_ 

Beam, Wdl _ 

Beard, J. H_ 

Belk, T. AY_ 

Bell, B. F_ 

Benton, E. D_ 

Biles. A. F_ 

Black welder, N. F_ 

Blalock, J. F_ 

Boggs, L. A_ 

Bobling, J. A_ 

Bolton, Airs. J. H_ 

F>ost, Earl_ 

Bowen, J. L_ 

Bowlin, Harrison_ 

Boyette, J AI- 

Bradford. .1, A_ 

Brawley, T. O_ 

Burgess, H. H_ 

Bnrket, Tom_ 

Burkett, T. J_ 

Burton, AA". H_ 

Bush. J. A., jr_ 

Byrd, N. Al_ 

Cami)l)ell, C A_ 

Canup, AA". H-- 

Carricker, A. L_ 

C'andle, John_ 

(Mark, Joe_ 

(Moer. R. R_ 

Coffey, F. H_ 

Coggin. C. L_ 

Colvard, F. L- 

(volvard, J. H_ 

Colvard, W. P_ 

(^)lvard. AY. T_ 

Compton, Ray_ 

Cook. Todd L_ 

Cotton, J. AY-- 

Covington, AA\ S- 

Cox, W. S_ 

(Joxe, James- 


Page. 

_ 443 

_ 3b9 

_ 82-89 

_ So3-834 

_1019 

_ 848-849. 8o0 

_ 882,928-932 

__910-919,913 

_ 901 

_ 990 

___ 719-723, 788-789 

_ 753 

_ 1021-1022 

_ 753 

_ 741 

_ 940 

_ 1140 

_ 759-700 

___ 734-737,800-807 

_ 979-980 

_ 952 

_ 784 

_ 1145-1140 

_ 990-991 

_ 908-909 

_ 1132-1133 

_ 934-935 

_ 997 

_ 1129 

___ 857-858, 938-939 

_ 1110 

_ 858-859 

_ 940-947 

_ 1099 

_ 1117 

_ 795-790 

_ 707-708 

1090-1091. 1092-1093 
— 835-840, 841-842 

_ 897-903 

702-707, 803, 804-8(K» 

_ 804 

_ 780 

_ 1002-1003 

__ 947-950 

_ 1156-1157 

_ 10.31 

_ 10.38-1039 

_ 1023-1024 

_ 1131-1132 

__ ■ 943 

922 

___ 954-955, 981-982 

_ 1050-1059 

_ 7.54,780 

_ 730-731 

_ 754-756,702 

_ 751 

_ 934 

_ 978-979 

_ 1157 

_ 945 

_11(X)-1102 

_ 768-769 


































































XII 


INDEX. 


Witnesses for contestee—Continued. 

Crantield. M. E_ 

Crawford, J. C_ 

Cress, P. J_ 

Cr SCO, T. F_ 

Crowell, G. Ed_ 

Crowell, J. F_ 

Cruse, J. R_ 

Davis, Will _ 

Dawkins, J. E_ 

D:ckson, C. M_ 

Dixon, C. M_ 

Doug'liton, Hon. K. L_ 

Dou,£?lass, C. E_ 

Dry, G. W_ 

Dry, Rufus_ 

Duffield, F. D_ 

Duncan, J. W_ 

, Dunlap. J. C_ 

Dysart, W. W_ 

Flarly, T. A_ 

Earnest, Lee_ 

Earnest, T. D_ 

Edv/ards. K. F_ 

Eiird, Carlie_ 

Etird, D. E_ 

Eiird. .Ta‘ en_ 

Elias'on, IMrs. AV. A_ 

Plrviii, T. E_ 

Eudy, C. L_ 

Eudy, Henry_ 

Eudy, T. S_ 

Everett, Miss Lucdle_ 

Fa rchild, J. F_ 

Fesperinan, C. E_ 

Fields, Fred_ 

Fleming, J. L_ 

Ford, Franklin_ 

Foreman, Jerome_ 

Furr, Bruce_ 

Furr, C. C_ 

Furr, Mr_ 

Furr. R. N_ 

Garris, R. E_ 

Gentry, AV, E_ 

Gilbert, C. L_ 

Glover, Henry_ 

Goodman, H. E_ 

Goss, Jess_ 

Green, Grady_ 

Green, G. C___ 

Green, R. AV_ 

Greer, Milton_ 

Grose, H. S_ 

Gryder, B. AV_ 

Guy, A. M_ 

Hair, Scott_ 

Hall, Grady_ 

Ham, Oliver_ 

Hanes, C, J_ 

Harris, A. P_ 

Harris, E, S_ 

Harris, J, M_ 

Harris, J, AA^_ 

Harris, AV, L_ 

Harrison, C, B_ 


Page. 


_ 921-922 

_ 769 

_ 1016 

_ 1125-1126 

_ 1119-1120 

_ 1115 

_ 1001-1002 

_ 1117 

_ 1102-1107 

_ 811-814 

_ 791 

_ 1133-1136 

_ 943-944 

_ 1073 

_ 1073-1074 

786-787, 791-792 

_ 776 

1121-1122. 1127 

_ 986 

_ 1109-1111 

_ 974 

_ 988-989 


_ 750 

_ 1151 

_ 1125 

_ 1151-1152 

_ 919-920 

_ 884-887, 889 

_ 1085 

_ 1153 

_ 1084-1085 

__ nil 

_ 890-893 

_ 1034-1035 

_ 895 

_ 1029-1031 

_ 1033-1031 

_ 1087-1088 

_ 1089-1090 

_ 1083-1084 

- 1150-1151 

- 1093 

- 834-835 

- 809 

- 932-933 

_ 1050-1055 

- 1039-1042 

- 771-773.775 

1146-1147,1148, 1161-1162 

- 751.770 

- 984-985 

- 975 

- 846-847 

- 881 

- 869-870 

- 738 

- 1022-1023 

- 773 

- 1112 

- 1156 

- 966-967 

-1118,1131 

- 964-965 

- 1007-1009 

- 975 



































































INDEX. 


XIII 


Witnesses for coiitestee—Continued. Page 

Hartley, II. B- 992-993 

Hartzo^?, B- 725-726 

Hatley, A. A_ 1086 

Hatley, Joe-1085-1086 

Hatley, K. W- 1086-1087 

Healan, P. A-^_ 989-990 

Heath, Harr ill C_ 933 

Helhis, C. C- 1081-1082 

Hickerson, Mrs. Eniina_ 968 

Hildebrand, J. C_ 933-934 

Holsclaw, W. B- 993-994 

Hone, W. A- IO 75 

Hopkins, W. M_ 776-777 

Houck, Arthur_ 75 O 

Houck, J. C- 748-750 

Houpe, D. H- 842-843 

Houston, S. H_ 824-826 

Hudler, I. N- 731,733-734.746-748 

Huntley, L. B_ 947 

Himeycutt, E. T_ 1141-1143 

Pluneycutt, Miss Edna_ 1149-1150 

Huneycutt, Jap_ 1087 

Huneycutt, It. C--_ 1147-1148 

Huneycutt, Sam. A-1153-1154 

Huneycutt, S. S_ 1083 

Huneycutt, T. W_ 11,52 

James, Charles U_ 943 

Jenkins, H. C_1114-1115 

Jenkms, W. T. R_ 1003-1004 

Johnson, J. A_ 725 

Johnson, J. E_ 796-797 

Johnson, J. K_ 730 

Johnson, L. M_ 961 

Jones, J. C_ 965-966 

Jones, J. T_ 727-728 

Jordan, L. P___:_ 919 

Joyner, Sam_ 861 

Kennedy, D. K_ 1076-1079 

Kennedy, V. L_ 1089 

Kerr, B. B_ 897 

Kerr, C. L_ 887-888 

Kerr, T. R_ 920-921 

Kessler, J. C_ 1062-1069 

Kilby, S. C_ 738-739 

Kilpatrick, W. T_ 854-857 

Kimmer, Samuel_ 1122 

Kincaid, J. B_ 927-928 

Kinj?, J. P_ 033 

Kluttz, J. R_ 1130 

Kluttz, W. C_1012-1013 

Kluttz, Z. A_ lii’il’ 

Knox, C. H_ 831-832 

Krider, Sheriff James H_ 997-1001, 1010-1012, 

101.3-1014, 1016, 1017, 1018-1019, 1020, 1024-1026, 1031-1033, 1070 

Tauicaster, J. J_ 1079-1081 

Laxton, Miss Vada- 079 

T>azonbv, J. R___ 833-834 

Lee, R.'e_ 111'^ 

Lewis J a _ 908-916,937-938 

■ Lilly, ’h." ai:::_ 1112 - 1113,1114 

Liiiffle, R. L_ 1014-1016 

TJl>e, R. L_ 11--^ 

IJsk, Neely_ ^070 

Little, A. I)_ 994-990 

Kittle, J. A_ 1096-1098,1099-1100,1133, llo 8 






























































XIV 


INDEX. 


Witnesses for contestee—Continued. 

Little, Savage- 

Little, W. I- 

, Logpiis, William- 

Love, Hubert_ 

Love, H. P__ 

Love, J. D_.5.- 

Love, T. B_ 

Lowder, M. C_ 

Lowrance, A. L- 

Lyerly, J. H. A_ 

McGowan, Will_ 

McLelland, D. N_ 

McLelland, Miss Eulalia- 

867-868, 873-874, 

McLelland, .T, H_ 

McLelland, W. B_:- 

■ McINIillan, ,1. R_ 

McNeill, P. T_ 

McNeill, W. E_ 

Mabry, Thurman_ 

Manly, F. F_:- 

Manlv, John B- 

Mann, W. L___ 

Martin, Georf?e K_ 

Marfn. J. K_ 

Mash, C. L_ 

Matlieson, W. J_ 

Mauldin, .Tim_ 

Mauldin. J. H_ 

May, F. H_ 

May, Robert_ 

Medley, Ike_ 

Messick, Shuler_ 

jM Her, A. L- 

Miller, B. W_ 

Mdler, Frank_ 

Miller, Henrv_ 

Miller, H. C_ 

Miller, .John_ 

^ Miller, J. F_ 

Miller, Wade_ 

Miller, W. L_ 

Miller, W. Clarence_ 

'Mills, W. C_ 

IMinish, W. L_ 

IMoore, W. C_ 

IMoore, AV. C., jr_ 

IMoore. Y. D_ 

Morris, J. G_ 

Morrow, Calvin_ 

Moser, .Jacob_ 

.Mull's, Lark n_ 

Naiice, .T. C_ 

, Napier. A’ec_ 

Neaves, William M_ 


Page.- 

_ 1160 

'_ 1088-1089 

_ 810-811 

■ _ 1144-1145 

■ _ 1148-1149 

■ _1129-1130 

_1152-11.53 

_ 1075 

■ _ 877-881,882-884 

_ 1020-1021 

_ 973-974 

_ 870-873 

827-831, 841, 847-848. 849-8.50, 852, 858, 863, 
877, 884, 888-889, 894, 903, 926-927, 939-940 

_ 889,903-904 

_ 873 

_ 744-745 

_. 782-784 

_ 745 

_ 1118i 

_ 1108 

_ 100.5-1006, 10.59-1062 

_ 1093-1096 

_ 1042-1045 

_ 966 

_ 770-771 

_ 940-941 

___ 1116' 

_ 1123-1121 

_ 961-962 

_ 739-740,819-821 

_ 797-799 

_ 990 

_ 776 

_ 732 

_ 988' 

_ 726 

_ 1004-1005 

_ 781 

_ 723-724 

_ 986- 

_ 756-758 

_ 893' 

_ 921 

_ 955-956 

_ 993 

_ 957-959 

_.._ 970,974-975 

_.___ 866 

_ 827 

_ 844-845 

_ 799 

_1154 

_ 1128 

_ 738 


Neel, W. 51_ 

Nelson, .Tohn P’ 
Newland, AV. C 

Osborne, .less_ 

Owens, W. H_ 

Parker, T. S_ 


_ 93.5-936 
___ 951 
_ 971-973 
1164-1165 
_ 728-730 
1091-1092 


I’earce, G. 51_ 944 

Pennell, Carl_ 98-5-986 

Penninjjton, David- 758-7-59 

Pennington, AAunn_ 779' 


































































INDEX. 


XV 


Witnesses for contestee—Contiiuied 

Perry, A. A_ 

Pierce, J. A_ 

Pierce, Osc'ar_ 

Pliiminer, J. E_ 

P<)l)e, Ml'S. AV. K_ 

Poplin, C. M _ 

Poplin. 8. A_ 

Powell, Clnirl e_ 

I'owell, Joseph_ 

Pow€‘ll. P nk_ 

Price. A. A___ 

Pritchard, J. T_ 

Qiiinn, E. B_ 

Quire, V. D_ 

Kahy, J. A_ 

Uape, (J. W_ 

Heed, Georj 2 :e W_ 

Beeves, B. L_ 

Beynolds, G. D. B_ 

lioark, M. G____ _ 

Bose, Alex_ 

Bose Arthur_ 

Bose, A. E_ 

Bussell, AVade_ 

Salmons. Mrs. Cora_ 

Setzer, Sherinan_:_ 

Sliank, M. A__ 

Sliai'iie, J. AA"_ 

Sliaver, J. S_ 

Shaver, AAk L_ 

Sherrill, F. P»_ 

Sherrill, F. T_ 

Sherrill, I’rice_ 

Sherrill. T. A^_ 

Sherrill, AV. H_ 

Shoe. J. D_ 

Shuford, B. B_ 

Shumaker, J. 0_ 

Shumaker, B. L_ 

Shumaker. S. B_ 

Simiison, B. AV_ 

S nclair, B. H_ 

Sisk. F. M_ 

Smith, Alma_._ 

Sm'th, Charlie_ 

Smith, Dorris_ 

Smith, E. B_ 

Smith, Fred_ 

Smith, Harry J_ 

Sm th, John_ 

Sm th, B. E_ 

Snujjtjs, Henry_ 

Sjieiirhts, Dan_ 

Spencer, Emory_ 

Stansberry, Charlie_ 

Stansberry, J, D_ 

Starnes. J. AA"_ 

Steele. AV. A_ 

Stewart, Isaac_ 

Stewart. I. H_ 

Stokes, S. J_ 

Street, F. E_ 

Swarinjjen, James_ 

Talbert. AV. AV_ 

Tate, AV. AV_ 


Page. 

_ 77J 

_ 751-753, 760-7()2 

_ 983 

_ 733 

_ 840 

_ 1122-1123 

_ 1127 

_ 982-983 

_ 945 

_ 969 

_ 780,818-819 

_ 960 

_ 907-908 

_ 991-992 

_ 969-970 

_ 887 

_ 1133 

_ 724-725,738 

_ 1136-1139 

_ 821,823 

_ 814-815 

_ 774-775,777 

_ 741-744.751 

_ 1107-1108 

_ 904-905 

_ 980-981 

_ 1045-10.50 

_ 861-862 

_ 1006-1007 

_ 1028-1029 

_ 986 

_ 984 

_ 1009 

_ 896-897 

_ 962-963 

_ 1035-10.37 

_ 987 

_ 832-833 

_ 922-926 

_ 894-895 

1139,1140-1141,1162-1164 

_ 1127 

_ 934 

_ 1117-1118 

_ 991 

_ 952-953 

_ 1147 

_ 1116-1117 

_ 1107 

_ 1151 

_ 1074 

_115.5-11.56 

_111.5-1116 

_ 790-791,816-817 

_ 773 

_ 789,807-808,822-823 

_ 1148 

_ 1055-10.56 

_ 738 

_ 740-741 

_ 970-971 

_ 1113-1114 

_ 1126-1127 

_ 1158-1160 

_ 967 


I 



































































XVI 


indp:x. 


Witnesses for eontestee—Continued. Page. 

Taylor. E. J_ 1150 

Templeton, W. D_880-890 

Thomas, J. D_ 781 

Thompson, Ed_1120-1121 

Thompson, W. F_ 1026-1028 

Tillev, R. A_ 868-869 

Todd, A. N_-_ 953-954 

Tolbert, J. T_ 963-964 

Tolvert, J. T_ 987-988 

Trexler, S. A_1017-1018 

Triplett, J. A_ 976-978 

Triplett, S. S_ 964 

Tucker, A_ 773-774 

Tucker, Hoyle_ 1152 

Tucker, H. C_-784-785 787 

Tucker, T. L_ 936-937 

Turner, H. C_ 1096 

Turnmire. Mrs. Eddie_ 801-802 

Turumire, Sid_ 802-803 

Tuttle, M. H_ 959-960 

Tuttle, R. E_ 1071 

Tuttle, Sam_ 956-957 

Uuderdowu, Charlie_ 957 

Yaiihoy, H. P_ 863-865,860-867 

Vannov. Alfred_ 800-801 

ATiunoy, L. S_ 793-795 

Vuiicanuon. L. A_^_ 996 

Wallace. T. G_ 859-861 

Walsh, John W_ 983 

Walter, Carl_ 893 

Walters. J. E_ 781 

Warren. Joe L_ 965 

Watkins, C_ 900-907 

Watts, A. L_ 843-844,845 

White, Georjje_ 983 

AVhite, Green_ 983 

White, L, O_ 874-877 

Whitley, J. T_ 1087 

Wilhoit, F. M_1128-1129 

Wilkerson, AV. A_ 944 

AVilliams, Avery_ 803-804 

Williams, J. P_90,1-906 

AVilliams, AV A_^_•___ 769-770 

AAdlliamson. Rev. E, E_ 1009-1010 

AVilson. J. M_ 967-968 

AA'ilson. Mrs. Ma. 2 :i?ie_ 971 

AVitherspoon. A. G- 777-779,815-816 

AA'orth, ^y. ll -817-818 

AVray. Clifford- 785-786.788 

AVrisht. AA’. A_ 786 

Youn.s:, G. M- 850-852, 853 

Yount, H. A_ 881-882 

Yow, .John- 11.54-1155 

Zie;der, R, AA^_ 827 

Witnesses for contestant in rebuttal: 

Adams, AA’. T_ 1229-1232 

Bean, E. H- 1220-1227,1233-1234,1240-1242 

Bost, .T. M. AV_1214-1215 

Bostin, H. S-1193-1197 

Bowen, B. M_ 1213 

Brinjjle, J. M_ 1229 

Brown, F. B_ 1191-1193 

Casher, J. T- 1258-1271 

Cranford, J. A- 1204-1207 

Cress, R. E_ 1174: 


I 



































































INDEX. 


XVII 


Witnesses for contestant in rebuttal—Continuetl. Page. 

Deal, Charles_ 1181 

Deal, Samuel D_1232-1233 

Deal, Walter M- 1180-1190 

Dulin, P. P- 1271-1277, 1281-1308 

Eagle, Calvin D-1171-1172 

Craham, C. W-1173-1174 

Hall, W. A-1234-1237 

Hendren, R. R_ 1244 

• Hill, J. W- 1184-1185 

Hobson, J. H_ 1209-1212 

Ketner, G. R- 1239-1240 

Kraler, Sheriff J. H_ 1183 

Lee, J. D-^- 1250-1256,1277-1280 

Lentz, R. W_ 1186 

Leonard, R. IM- 1199-1204 

McCurdy, J. L- 1246-1250 

Mesiinore, L. J- 1183-1184,1185 

Miller, A. M- 1182-1183,1188 

Overcash, M. L_ 1228 

Parks, C. T_ 1243-1244 

Parks, G. C_ 1188 

Peeler, B. L_1215-1217 

Pless, George H_1178-1181 

Poole, T. S_ 1185 

Price, A. H_1212-1213 

Ratledge, G. W_ 1187,1188-1189 

Rosenian, D. T_1177 

Sanders, J, W_ 1214 

Sapp, W. M_ 1237-1239 

Sechler, W. L_ 1244-1246 

Selzer, S. G_1198-1199 

Shaver, E. C_1166-1171,1184 

Shaver. J. D_ 1212 

Shipton, C. S_^_ 1183 

Simpson. T. R_ 1219 

Sloop, A. J_1190-1191 

Smith, H. G_ 1181 

Spake, W. E_ 1250 

Stirewalt, G. C_1175,1199 

Stirewalt, R. P_1197-1198 

Stilltz, E. E_ 1220 

Summers, J. T_^— 1280-1281 

Swain, H. A_ 1250 

Swicegood, C. O_ 1186 

Trexler, George E__ 1174-1175,1185 

Troutman, D. A_- 1209 

Troutman, L. ]M- 1207-1209 

Wilhelm, E. F_ 1243 

Williams, J. C_ 1227-1228 

Winecoff, J. A_ 1175-1177,1218-1219 

Yost, C. R_ 1204 

Yost, James W- 1228 


EXHIBITS, 

Exh b't A—Circular letter of Colored Women’s Rights Association for 

Colored Women- 

Exhibit B—Lithograph of Oliio Republican nominees (omitted in print¬ 
ing)- 

Exhibit A—Letter from R. L. Doughton to chaii-man State board of elec¬ 
tion. Rale gh, N. C- 

Exh bit B—Letter fi-om R. L. Doughton to chairman county board of 

elections. Rowan County, Salisbui’y, X. (’-- 

Exhibits C, D, E, and F—L st of voters in Iredell. Rowan, Caldwell, and 

Stanly Counties- 



























































XVIII 


INDEX. 


Page. 

Exhibit B—Atireement between attorneys- (34 

Exhibit C—The rj^lit of the American people to know Hardinit’s family 

tree_b7-98 

Contestant’s Exhibits D, P3, F, and C—Envelopes conta ning certificates 

signed by absent voters_149-150 

Exhibit H—Circular_ 250 

Contestant’s Exhibit 4—Circular letter addressed to voters of Lovelady 

precinct- 580 

Contestant’s Caldwell County Exhibit No. 1—Lenoir News, January 10, 

1919 (omitted in printing)_ 621 

Exhibits A and B—Circular letters issued by Ashe County Democrat.c 

executive committee_ 625 

Exhibit A—Poll-tax receipt_ 758 

Exhibit B—Letter written by Joaner Paw--- 766 

Exhib't C—Tax receipt_ 787 

Exhibit H of Ashe County—Affidavit of Frank Taylor_ 809 

Exhibit A—Affidavit of (leorge D. Kenegar_ 942 

Exhibit A—Tax receipt of George T. Herman__ 1026 

Exhibits B and C—Tax receipts of G. M. Goodman_ 1028 

Exhibit A—Certification of official vote of Cabarrus County_^_ 1069 















V 




f 


» 



4 






• * 



f 



■f ' A 









i 

4 

■ 

3 


•N 




• M 

' 

k 


’ 4 

m 

I 

•<1 

■'1 

■4 

a* 


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1 

1 


4 

4 * 




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i 

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« 


I 



ADDENDA. 


NOTE RY THE CLERK OF THE HOUSE. 

The followin.c: testimony nddneed in Ashe nnd Stnnly Counties. N. C., re¬ 
spectively, for contestant in the contested-election case of J. I, Caniphell v. 
Kohert L. Doiiijhton, was excluded from the resnlar printed record in the case 
and made addenda thereto for the convenience of the Committee on Elections 
to which said case shall he referred for the following? reasons: 

The Clerk of the House received a larj^e i-efjistered packajje dated June 17, 
1921, from INIrs. J. D. Dorsett, Spencer, N. C., which was acknowledj^ed hy the 
Clerk under date of June 18, 1921. And on June 25, 1921, this packap:e was 
opened in the office of the Clerk of the House in the presence of Hon. James J. 
Hritt attorney for contestant, and in the presence of the contestee himself, Hon. 
Kohert L. Donjrhton. On the outside of this package was the certificate and sub¬ 
scription of IMrs. J. D. Dorsett as a notary public, and presumably the package 
contained testimony adduced before her. But upon opening the package it was 
found to contain a number of smaller packages, each differently certified to b.v 
officers, resi)ectively, before wbom testimony for contestant was adduced in 
various parts of the eighth congressional district of North Carolina, excepting 
three ])ackages upon which there were no certificates and nothing to identify 
the contents save that one was addressed to “Mrs. James H. Linney Dorsett, 
Spencer, N. C..” one marked “ Stanly County,” and one marked “ Kowan 
Countv,” upon which latter was printed and written the words “ for D. W. 
IMiller, Ob ids, N. C.” 

Contestee objected to the opening of these three packages, which objection 
was sustained l)y the Clerk, counsel for contestant noting an objection. Then 
in the presence of counsel for contestant and of the contestee, the Clerk dic¬ 
tated the following letter to ]Mrs. J. D. Dorsett, Spencer, N. C., which said letter 
was sent to IMrs. Dorsett on June 25, 1921, and accordingly the aforesaid three 
packages were returned by registered mail to the said Mrs. J. D. Dorsett: 

House of Kepkesentath^es, 

Clerk’s Office, 

Washington, 7). C., June 25, 1921. 

Mrs. ,T. D. Dorsett, Spencer, N. C. 

Dear IMadam : The registered package dated June 17, 1921, transmitted by 
you to this office and acknowledged by me under date of June IS, 1921, was on 
this date, June 25, 1921, opened in the office of the Clerk of the House of Kepre- 
seiitatives of the United States in the presence of Hon. James J. Britt attorney 
for contestant. Dr. J. I. Campbell, ami in the presence of the contestee, Hon. 
Robert L. Doughton; and it appearing that three packages, to wit, one ad¬ 
dressed to IMrs. James H. Linney Dorsett, Spencer. N. C., one marked “ Stanly 
County,” and one marked “Kowan County,” upon which is printed and written 
“ For D. \V. Miller, Obids, N. C.,” tied with cord, are being this day returned 
to you by registered mail for the reason that I do not feel authorized hy law 
to open *the same with a view to the printing of the contents, there being 
nothing more upon these packages than is indicated as above stated to identify 
their relationship to the contested-election case of J. I. Campbell versus R. L. 
Doughton. 

I would suggest, therefore, that these packages, unopened, be returned to the 
officers before whom the purported testimony was adduced inviting their atten¬ 
tion to the following provision of law: 

“ All officers taking testimony to be used in a contested-election case, whether 
by deposition or otherwise, shall, when the taking of the same is completed, 
and without unnecessary delay, certify and carefully seal- and immediately for¬ 
ward the same, by mail or by express, addressed to the Clerk of the House of 

1309 



1310 


CAMPBELL VS. DOUGHTON. 


Representatives of the United States, Washington. D. C,; and sliall also in¬ 
dorse upon the envelope containing such deposition or testimony the name of 
the case in which it is taken, together with the name of the party in whose 
behalf it is taken,, and shnll snhscribe such indorsement.” 

Special attention is invited to the last sentence of the foregoing provision 
with reference to the indorsement by the officer upon the package. These pack¬ 
ages, duly cert.tied and indorsed, should he returned to me at the earliest 
possible moment in order that th€*y may he opened with a view to determining 
what, if any, portions thereof should he printed. 

Very respectfully, 

(Si.gned) Wm. Tyler I’age, 

Clerk of the House of Representatives. 


Prior to the opening the testimony in question, the Clerk received from Mrs. 
J. D. Dorsett a letter, dated June 17, 1921, in which occurs the follow.ng: 

“At the last moment it has been found that one of the commissioners faded 
to certify to the evidence taken under him for one day. This occurred n Ashe 
County, and owing to the fact that it is some distance, we have decided to send 
the evidence and have h s certitication follow.” 

The Clerk received from Charles P>. Sp eer, attorney at law, Jefferson, N. C., 
a letter dated June 24, 1921, inclosing a “ certiticate of E. J. Johnson, which 
certificate is certified to by J. D. Stansberry, clerk, and this certificate of IMr. 
Johnson is to be attached to the evidence taken in Ashe County, N. C., on May 
4, in contest of James I. Campbell, contestant, v. R. L. Doughton, contestee. 
I‘lease see that this certificate is accurately and properly attached,” which cer¬ 
tificate was returned by the Clerk to Charles B. Spicer, together with the fol¬ 
lowing letter, dated June 27, 1921: 

House of Representatives, 

Clerk’s Office, 
ashington, D. C., June 27, 1921. 

Charles B. Spicer, Esq., Jefferson, N. C. 


Dear Sir: I have your letter of June 24, inclosing cerfficate of Mr. E. .1, 
Johnson, justice of the peace, before whom testimony was taken in Ashe County, 
N. C., in the contested-election case of Campbell against Doughton, which you 
desire attached to the evidence supposed to have been sent to this office. 

By mutual agreement between parties, there was opened in th s office on 
Saturday last a large package purporting to contain evidence for contestant in 
said elecfon case. The package contained a number of bundles, three of which 
could not be identified, there being no certificates upon them. Presumably the 
test mony taken in Ashe County was in one of these bundles. All of this evi¬ 
dence came from Mrs. J. D. Dorsett, of Spencer, N. C., and to her I returned the 
three bundles in que’Stion, invifng attention to the law indicating the manner in 
wlLch testimony in contested-election cases should he certified and sent to this 
office, and requesting that it he so certified upon these bundles and that they 
be returned to me as soon as poss hie. July 7 was then fixed as the date upon 
wh ch to open the testimony. Even though tJiese bundles were still in my 
possession. T would not he authorized to affix the cerfficate of Mr. Johnson 
thei-eto. I therefore return the certificate, which should he affixed to the 
package by IMr. Johnson himself. 

Very truly, yours, 

(Signed) Wm. Tyler Page, 

Clerk of the House of Representatives. 


By mutual agreement between the parties and the Clerk of the House, July 
7, 1921, was fixed as the date upon which to open the testimony, and in the 
meantime from IMi-s. J. D. Dorsett, again in one package, was* received tes¬ 
timony, presumably that which had been returned to her by the Clerk on June 
25, 1921. The container had upon it, as originally, Mrs. Dorsetfs certificate 
and subscription. The contents consisted of three parcels, one being a copy of 
the notice of contest; the second, a sealed package, unwrapped, attached to 
which (the whole being tied with cord) were two ceritficates, one of a justice 
of the peace and the other of a notary public, certifying to the contents as tes¬ 
timony adduced in Ashe County; and the third was a package to which was 
attached a certificate to the effect that the contents was testimony adduced in 
Stanly County. 

Contestee objected to the opening and the printing of the contents of these 
packages on the ground that they were twice transmitted to the Clerk of the 
House irregularly, in that they did not come, respectively, as required by law. 


CAMPBELL VS. DOUGHTON. 


1311 


direct from the officers before whom the testimony was adduced. This objec¬ 
tion, after argument pro and con by attorney for contestant and by contesitee, 
was sustained; an objection to the Clerk’s decision was entered by counsel for 
contestant. 

The Clerk deems it proper to state that he felt it to be his duty under the 
law, acting in a ministerial capacity only, to exclude the testimony in question 
from the printed record, for the reason that he considered it to have reached 
him indirectly and irregularly after full opportunity had been given for its 
transmission according to law, and for the further reason that the Clerk 
deemed such action to be entirely without prejudice to contestant, feeling satis¬ 
fied that the testimony so excluded would in its original form be presented to 
the Committee on Elections to which the case should be referred and by that 
committee be made a part of the official record if the committee, in its wisdom, 
after argument by the parties or their attorneys, should see fit to make it a 
part of the official record; in other words, that all of the rights of con¬ 
testant would be preserved and safeguarded. But as a matter of convenience to 
the committee, and in order to render it more accessible, the Clerk, upon further 
consideration and by mutual consent of the parties, determined to print the 
testimony in question from Ashe and Stanly Counties as addenda to the 
printed record, leaving the question of its inclusion in the official record of the 
case to be decided by the committee itself. 

The Clerk never presumes to exclude any portion of essential testimony in 
a contested-election case from the printed official record voluntarily, and does 
so only when objection is made by one of the parties when it appears to the 
Clerk that there is good and sufficient reason for so doing, always without 
prejudice to the party affected, knowing that the Committee on Elections judi¬ 
cially will give consideration to such excluded portions when in the committee’s 
judgment it appears to be essential to a proper determination of the case to do so. 

Wm. Tyler Page, 

Clerk of the House of Representatives. 

TE^^TniONY FOR CONTESTANT. 


I, S. G. Howard, notary and commiss'oner of testimony in the above-entitled 
action, do hereby certify that the witnesses whose names are hereto attached 
(not printed) were duly sworn and examined before me, their evidence written 
and hereto attached, the .same being a true and correct report of the same. 

This 9th day of June, 1921. 

[seal.] • S. G. Howard, 

. Notary and commissioner of testimony. 

My commission expires January 13, 1923. 

Hearing opened in Furr Township, Stanly County, North Carolina, at 10 
o’clock a. m., Tuesday, February 22, 1921, before S. G.^ Howard, notary public 
and commissioner of evidence, IMrs. Sadie INI. Leak, reporter. 

Present on behalf of-contestant: Contestant, 'James I. Campbell, present in 
p(u-son ; counsel for contestant, I. K. Burleson and W. L. Campbell. 

Present on behalf of contestee: Coht^stee himself, Hon. Robert L. Doughton; 
counsel for contestee, W. L. Mann and O. J. Sikes. 

B. H. HINSON, being duly sworn, ’testified as follows: 


By W. L. Camphell: 

Q. Your name is B. H. H nson?—A. Y"es, sir. 

Q. How are you registered on the book?—A. B. H., I tliink. 

Q. You are a qualified voter of P’urr Township?—A'. Yes, sir. 

Were you present on the day of election, November 2, 1920, at the polling 

place?—A. Yes, sir. 

O. Did vou vote on that day?—A. No, sir. , ^ 

Q. Why didn’t you vote?—A. I couldn’t get in. I did get in, but they quit 
voting a little liefore I got in—three or four ahead of me. 

(j. You were in the house, but didn’t vote?—xV. Yes, sir. 

(}. What are your politics?—A. Republican, „ * ^ n t 

(>. For whom did you intend to vote for Congress? A. Mr. Campbell, I 


suppose. 

Q. You meant to vote for Mr. Campbell?—A. 
straight through Republican ticket. 


Yes; I was going 


to vote a 


57G95—21-84 



1312 


CAMPBELL VS. DOUGHTON. 


Q. Your name is Plarris Hinson?—A. Yes, sir; I sometimes go by Harris. 

Cross-examination by O. J. Sikp:s : 

Q. The A'oting had closed when you got in the house?—A. Yes, sir. 

lledirect examination: 

Q. How long had you been in the house when they stopped voting?—A. Some¬ 
thing like 15 minutes, I reckon, 

Q. How long liad you been on the outside of the house or around the polls—■ 
around the place?—A. About all day. I got there about 8 o’clock. 

Ilecross-examination; 

Q.Were you in line all day?—A. No, sir, 

Q. You were just standing around?—A. Yes, sir; I wasn’t pushing, trying to 
get in—I was there thinking maybe I could get in without scrouging or 
pushing. 

Q. They were sorter crowded there?—A. Yes, sir; in the evening I got to 
pushing and got in and they hatl closed. 

Hedirect examination: 

Q. So you did try to get in?—A. Yes, sir; I got in the house. 

Q. You tried to get in before you finally got in?—A, No, sir; I had been 
pushing, trying to git in a right smart bit before I got in. 

Q. Did I understand you to say you tried several times before you got in?— 

A. No, sir; that was the lirst time I tried was in the evening. I commenced 
pushing. 

Mr. SILAS HATLEY", being duly sworn, testified as follows: 

liy W. L. Campbell : 

Q. How does your name appear on the registration book?—A. Well, sir, I 
can’t say; but I think Silas J. Hatley. 

Q, You are a qualilied elector in Furr Township?—-A. Yes, sir. I thought 
I was if 1 registered. 

Q. D d you vote on November 2, 1920?-—A; No, sir. 

' Q. You were present at the polling place, were you not?—A. Yes, sir; in the 
evening. fL ’ • 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Dr. Campbell. 

Mr, jMlCHAEL LITTLE, being duly sworn, testified as follows: 

By W. L. Campbell ; 

Q. Your name is Mr. Michael Little?—A. Yes, sir. 

Q. It is J. Michael, is it not?—A. No; I reckon not. 

Q. Plow do you sign your name?—A. J. M. 

Q. You are a qualified elector in Furr Township?—A.. Y’’es, sir. 

'Q. Did you attend the polling place November 2, 1920?—A. Yes, sir. 

Q. Did you vote?—A. No, sir; I didn’t vote. 

Q, Why didn’t you vote?—A. I couldn’t git in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Mr. Campbell. 

Cross-examination by O. J. Sikes : 

'Q. r)o you understand exactly what it takes to qualify one to vote?—A. I 
went to vote. 

Q. So what you meant was yon went to vote?—A. Yes, sir. 

Q. What time did you get there?—A. I was there about sunup. 

Q, And stayed there until the polls closed?—A. Yes, sir. 

Q. Were you trying to get in there all that time?—A. I .wasn’t trying to git 
in all the time. They said for the men to git back and let the women come in 
and it was crowded so I couldn’t git in. 

Q. What time of day Avas that?—A. I don’t remember what time of day it 
was. 

Q. In the morning?—A. Yes, sir. 

CP The crowd was in front and you didn’t try to get in?—A. I tried to git 
in one time, but I just said, if I couldn’t vote without pushing I wouldn’t vote M 
at all. 


CAMPBELL VS. DOUGHTON. 


1313 


Redirect examination : • 

Q. Yon were registered weren’t you?—A. l^es, sir. ' <• 

Mr. ARTIE EUDY, being duly sworn, testified as follows: > ■ > - 

r>y W. L. Campbell: 

Q. Your name is Mr. Artie Eiuly?—A. Yes, sir. 

Q. Is that the name yon were registered under?—A. Yes, sir. 

Q. You have no double name?—A. No, sir. 

Q. You are a qualified elector in Furr Township are you?—A. Yes, sir. 

Q. AVere you prescmt at the polling place on the day of election?—A. Yes, sir. 
Q. Did you vote?—A. Yes, sir. 

Q. M’hat time did you get there ,Mr. Eudy?—A. I got there about a half 
hour by sun in the morning. 

Q. After the sun was up?—A. Yes, sir; probably by sunup—somewhere close 
about. 

Q. AA’hat time did the polls open there that morning?—A. Sornewhere near 
7.30 or 7.45 —right in there somewhere. ' 

Q. Wluit time did you leave in the afternoon?—A. About 2.30 or 3 o’clock. 

Mr. E. P. CARRICKER, being duly sworn, testified as follows: 

By W. L. CAifPBELL : 

Q. Your name is Air. E. F. Carricker?—A. That is right 
(}. Under what name were you registered?—A. E. F. 

Q. You are a qualified elector in Furr Township?—A. Yes, sir. 

Q. Were you present on the day of election?—A. Y^es, sir—well, I guess I 
went there about 0 o’clock and was there until night. 

Q. You didn’t vote?—A. No, sir. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Campbell. 

Mr. R. L. BARBEE, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Y’’our name is R. I;. Barbee?—A. Yes, sir. 

Q. You are registered under that name in the registration book, are you?— 
A. It is Ray L. or R. L. 

Q. Y^ou are a-qualified elector in this precinct?—A. Yes, sir. 

Q. Did you attend the polling place November 2. 1920?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. State why you didn’t vote?—A. I failed to get in in time. 

Q. Did you get in?—A. Y"es; they had done closed, though. 

Q. Y^ou were in the building when they closed, or just before they closed?— 
A. I got in just when they closed. 

Q. What are .vour politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Dr. Campbell.’ 

Q. How long had you I'een there trying to get in?—A. I had went several 
times to git in, but I didn’t try—they was pushing around so. 

Q. Y^ou went there to vote, of course?—A. Y"es, sir. 

IMr. JEROME CARTER, being duly sworn, testified as follows: 

By W. L. CAMPBr:LL: 

Q. Your name is I^Ir. Jerome Carter?—A. That is what I go by. 

Q. Are you registered under that name?—A. N. Jerome or some way. I don’t 
know how it is on the book, 

Q. What is your full name?—A. Noah Jerome. 

Q. You are .a qualified elector in this township, are you?—A. I suppose so. 

■ Q. Y’'ou are registered, are you?—A. Yes, sir. 

Q. Did you attend the polling place November 2, 1920, for the purpose of 
voting?—A. Y"es, sir; I went there intending to vote. 

Q. Did you vote?—A. No, sir. 

Q. State why you didn’t?—A. Because I couldn’t stand to push through the 
throng at the back door. ’ 

Q. What are your politics?—A. I vote a mixed ticket. 

Q. For whom did you intend to vote for Congress?—A. Mr. Doughton. 


1314 


CAMPBELL VS. DOUGHTON. 


Mr. AARON LEE, beiiij? dulj' sworn, testified as follows: 

By W. L. Campbell : 

Q. Your name is Mr. Aaron Lee?—A. Yes, sir. 

Q. Under what name did you register?—A. I registered under that.' 

Q. You are a qualified elector in Furr Township?—A. Yes, sir. 

Q. Did you vote on November 2. 1920?—A. No, sir. 

Q. You were there to vote, were you?—A. I wasn’t there. 

Q. Didn’t go there at all?—A. No, sir; I was in the place, but I didn’t go 
to the polls. 

Q. Why didn’t you vote?—A. I justalidn’t. I seen they was crowded so over 
there. 

Q. You were there near the polling place?. Where you could see it?—A. 
Y’^es, sir. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Mr. Campbell. 

Cross-examination by O. .T, Sikes : 

Q. You didn’t make any effort to vote, did you?—A.. No, sir. 

Redirect examination: 

Q. Did you intend to vote on that day?—A. Yes. sir;,! intende<l to vote. I 
was going* early that morning, and there was such a crowd I didn’t think it 
was any use. 

Mr. REUBEN HATLEY, being duly sworn, testified as follows: 

By AV. L. Campbell: 

Q. Y’'our name is Mr. Reuben Hatley?—A. Y'es, sir. 

Q. Under what name did you register?—A. That was the name. * 

Q. You are a qualified voter in Furr Township?—A.. Yes, sir. 

Q. Were you at the polls on November 2, 1920?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. You went there with the intention of voting, did you?—A. .Yes, sir. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress ?-t-A.' J. I. Campbell.'. 

Q. Tell us why you didn’t vote?—A. I just couldn’t get in—scrouged mp sosi 
couldnT get in. I stayed there all day. 

Mr. JOHN BRADFORD, being duly sworn, testified as follows: , 

By W. L. Campbell: 

Q. Your name is Mr. John. BrafCord?—A. Yes, sir. 

Y>s, sir; either John F. or just John—they all know me and I didn’t tell him 
which way. 

Q. You are a qualified voter of Furr Township?—A. I guess so. 

Q. You are registered, are you?—A. Yes, sir.- 

Q. Were you present at the polling place on November 2, 1920, for the purpose 
of voting?—A. I certainly was. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Couldn’t get in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. J. I. Campbell. 

Mr. CANNON SOSSAMON, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Your name is Mr. Cannon Sossamon?—A. Yes, sir. 

Q. You are registered under that name?—A. Yes, sir. 

Q. You are qualified to vote in this township?—A. Yes, sir. 

Q. AVere you present on November 2, 1920, Yor the purpose of voting?—^A. 
Yes, sir; went down to Stanfield. 

Q. At the polling place?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. A\’'hy didn’t you vote?—So many ahead of me that I went home and 
they tried to get me to stay, and the Lord impressed it on my mind to go back 
and do that great honor, and I just told the lA)rd I was sick and couldn’t go 
back—and I talk to the Lord that way, and I said, “ Lord, you know I can’t go 


CAMPBELL VS. DOUGHTON. 


1315 

i)ack,” and I could see the Lord shaking His head, and I says, “I can’t go 
hack—I am sick.” 

Q. So you didn’t go back?—A. Didn’t go back. 

Q. You did try to vote while you were down there?—A. I didn’t because I 
knowed it was no use to try. 

Q. That is what you went for?—A. Of course. 

(>. What are your politics, Mr. Sossaiuon?—A. Well, Republican. 

Q. For whom did you intend to vote for Congress?—A. Well, I didn’t know 
either man. 

Q. Did you intend to vote a straight Republican ticket?—A. Yes, sir. 

Q. You meant to vote for all the Republican candidates?—A. Yes, sir; all 
together. 

Cross-examination by O. J. Sikes : 

Q. Did you know who the candidates for Congress were?—A. No; I didn’t. 

Mr. J. S. DRAKE, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. l"our name is Mr. .T. S. Drake?—A. Yes, sir. 

Q. Are you registered that way?—A. Yes, sir. 

Q. Y"ou are a qualified voter in Furr Township?—A. Yes, sir. 

Were you i)resent on the day of election, November 2, 1920, at the polling 
place?—A. Y’'es, sir. 

Q. What was your purpose in going there?—A. I went there to vote. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you?—A. Couldn’t get in. 

What are your politics, Mr. Drake?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. iMr. Campbell. 

Mr. ADAM DEESE, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. Your name is IMr. Adam Deese?—A. Yes, sir. 

Q. You are a qualified voter in Furr Township?—^A. Yes. sir. 

Q. Were you present at the polling place on November 2, 1920?—A. Yes, sir. 
Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Couldn’t get in without scrouging, and I didn’t 
want to do that. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Mr. Canqibell. 

Q, You know Mr. John Deese, do you?—A. Yes, sir; brother-in-law. I live 
with him. 

Q. Do you know where he was on the day of election?—A. Y'es, sir. 

Q. Where was he?—A. He went to the election. 

Q. Did he go with you?—A. No. He didn’t go with nie, but he was there. 

Q. You saw him there did .vou?—A. Yes, sir. 

Q. Did he try to vote?—A. No, sir; he couldn’t get in. 

Q. What are his politics?—A. Republican, 

Q. Do you know whether he intended to vote a straight Republican ticket?— 
A. I don’t know that; I never asked him. 

Q. How does he usually vote?—A. He usually voted Republican; he has 
split his ticket. 

Q. He is generally reputed to be a Republican?—A. Yes, sir, 

Q. Where is Mr. Deese to-day?—A. He is at home with his sister. 

Q. IVhy is he not here as he was subpoenaed to be?—A. There are but three 
of us there, and he had to stay with his sister—she is worse to-day and he 
couldn’t get off—both of us couldn’t. 

Mr. WEBSTER HATPICOCK, being duly sworn, testified as follows: 

By W, L. CAMPiiELL: 

Q. Your name is Mr. Webster PIathc(»ck?—A. Yes, sir. 

Q. M'ere you I'egistered under that name?—A. I don’t know whether it is 
“ N. Webster ” or Webster.” 

Q. Your name is ‘‘N. Webster Hafhcock?—A. Yes, sir. 

Q. You are a qualified voter in Furr Township?—A. Yes, vSir. 

Q. Did you vote on November 2, 1920?—A. No, sir; didn’t vote. 


1316 


CAMPBELL VS. DOUGHTON. 


Q. Were j'Oii there to vote?—A. Yes, sir. 

Q. Why didn’t you vote?—A. Couldn’t get in without pushing and shoving. 
Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Mr. Campbell. 

Q. Do you know anything about the crowd that was there that day?—A. I 
was there. Of course, I never paid much attention. I saw I couldn’t get in. 

Q. You did try to get in, did you?—A. No; not particular. I went up a few 
times, and I saw there was no chance without scrouging and I wouldn’t try. 

Q. Do you know whether there was any partiality shown in the crowd?—A. 
Well, I don’t. I can’t tell about that. 

Mr. JOHN Z. WALTERS, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. Your name is Mr. John Z. AValters?—A. Yes, sir. 

Q. You were present on the day of election, were y<ni?—A. Yes, sir. 

A. I got there about sunup, and I left next morning about 5 o’clock. 

Q, Do you know IMr. T. A. Honeycutt?—A. Yes, sir. 

Q. Is Mr. Hathcock dead or is he living?—A. He is dead. 

Q. Was he there to your knowledge on the day of election?—A. Yes, sir. 

Q. He was present at the polling place?—A. Yes, sir. 

Q. Did he vote?—A. He told me he didn’t, anyways. 

(Objection by the contestee.) 

Q. Was he a qualified voter in this precinct?—A. He always had been voting 
in this township. 

(Objection by the contestee.) 

Q. What were his reputed politics?—A. Republican. 

Q. Do you know Mr. J. A. Furr?—A. Yes, sir. 

Q. Do you know whether or not he was present on the day of election?—A. I 
shore do. 

Q. What are Mr. Furr’s reputed politics?—A. Republican. 

Q. Was he there that day, did you say?—A. Yes, sir. 

Q. You saw him there?—A. Yes, sir. 

Q. Did he vote?—A. No, sir. 

Q. How do you know he didn’t vote?—A. I was right with him, and when we 
pushed in they were closing right then. 

Q. You were right with him, and you know he didn’t vote?—A. Yes, sir; I 
know he didn’t vote. 

Q. Do you know whether he had his tickets ready to vote?—A. He had them in 
his hand. 

Q. What sort of tickets?—A. I saw a national ticket for the President, and I 

saw a congressional ticket- 

Q. What ticket was that for Congress?—A. J. I. Campbell. 

Q. Do you know Mr. Clyde Furr ?—A. I shore do. He was with us. 

Q. What are his politics?—A. Republican. 

Q. Did he have his tickets fixed out?—A. Yes, sir. 

Q. What kind of tickets did he have?—A. I saw the county ticket, and he said 
he had a full, straight Republican ticket—I just saw the county ticket. 

Q. He didn’t get to vote?—A. No, sir. 

Q. Do you know Mr. Joe Burris?—A. Yes, sir. 

Q. D.d .vou see him there on election day?—A. I saw him there. 

Q. Do you know whether or not he voted?—A. I do not. 

Q. Do you know Mr. Burr P.-?—A. Yes, s'r. 

Q. What is he reputed to be?—A. Republican. 

Q. Do you know Mr. John Jj. Honeycutt?—A. I shore do. 

Q. Did you see him on the day of election?—A. I shore did. 

Q. At the polling place?—A. Yes, sir. 

Q. Did he vote?—A. Said he didn’t. 

Q. Told you he didn’t vote?—A. Yes, sir. 

(Objection by the contestee to all hearsay evidence.) 

Q. Do .you know what he is reputed to be?—A. Republican. 

Q. Do you know V. Ranzo Hahn?—A. Yes, sir. 

Q. r>id you see Mr. Hahn on the day of election?—A. Yes, sir. 

Q. Do you know whether he voted or not?—A. I don’t know. I only know 
what he said—said he didn’t. 

(Objection by the contestee; hearsay.) 

Q. He told you he didn’t vote?—. Yes, sir. 




CAMPBELL VS. DOUGHTOI^. 


1317 


Q. Do you know liis politics?—A. Republican. 

Q. Df) you know Mi*. Arthur (Jreen?—A. Yes, sir. 

Q. Did you see him on the day of election?—A. I saw him there. 

Q. Do you know whether or not he voted?—A. No, sir; I don’t. 

Q. Do you know his politics?—A. Yes, sir. 

Q. What are his politics?—A. Republican. 

Q. Do you know INIonk Love?—A. Yes, sir. 

(}. M here is his home?—A. 1 can’t tell where he does live; his wife lives in 
Albemarle. 

Q. How lonjr has she been living there?—A. For some time. 

Q. How long?—A. I will say 12 months, but I think longer than that. 

Q. Has she been back here since she moved?—A. It has not been known to me. 

Q. Do you know whether or not Mr. Love voted here at the last election?— 
A. No, sir; I don’t. I saw him on the ground. 

Q. You know that he didn’t live here, don’t you?—A. He has got a home lot. 

Q. You say his wife lived in Albemarle—you say to the best of your knowl¬ 
edge 12 months?—A. Yes, sir. 

Q. Next preceding the election?—A. Yes, sir. 

Cross-examination by O. J. Sikes ; 

Q. You wouldn’t say that jMonk left from here in the last 12 months?—A. 
He hnsn’t been here for the last 12 months. 

Q. You said his wife lived in Albemarle. Is Monk living there with her?— 
A. Part of the time. ‘ 

Q. About how long? Do you know?—A. Well, no, I don’t. I know I went to 
Albemarle; been some 8 or 10 months ago, to the best of my recollection, and 
met Love on the road with a load of wood going to Albemarle. 

Q. He lives about with his children, doesn’t he?—A. He goes among his 
children. 

Q. These other fellows that you are telling about, do you know where they 
are—Furr and among them?—A. Why, sure, I know where they live; I know 
where the.v was on the day of election. 

Q. Where are they now? Do you know?—A. I don’t know, but I think I 
could find them. 

Q. They are somewhere in the county—you could find them?—A. I don’t 
know whether I could find them in the county or not. 

Q. John Furr?—A. I don’t know just where he is at. He is a section foreman. 

O. And Clyde Furr?—A. I don’t know where he is at. 

Q. What is his occupation?—A. Working on the railroad—was at that time. 

Q. John L. Honeycutt?—A. I know where he was election day. 

0. You don’t know where he is now?—A. No, sir. 

Q. Ranzo Hahn?—A. I know where he was election day. 

Q. Why is it you don’t know any more about them than election day?—A. 
You know when* I don’t see a man I don’t know where he is at, as the old 
fellow says. 

Q. I don’t know what you mean by the “ old fellow says.”—A. I say I don’t 
know when I don’t see a man. 

Q. You don’t knoAv where they are now?—A. No, sir; I don’t. 

Q. You don’t know whether they are in Stanly County or not?—A. No, sir; 
I don’t. 

Q. You have taken a lot of interest in this contest, haven’t you?—A. No, 
sir ; I have not. 

Q. You are not especially interested in it?—A. I am interested enough to 
come. 

Q. Y^ou got all the information and evidence you could?—A. I’ve not busied 
myself a particle with it. 

Mr. BEECHER BARBEE, being duly sworn, testified as follows: 

By W. I., (’amppeil: 

D. Your name is Mr. B. J. Barbee?—A. Yes, sir. 

Q Were you registered under that name?—A. Yes. sir. 

<.)' You are a qualitied voter in Furr Townshi])?—A. Yes, sir. 

Q. Did you vote on November 2, 1920?—A. No, sir. 

Q. Were you present at the polls for that purpose?—A. Yes, sir. 

O Why didn’t you vote?—A. Because they wouldn’t let me. 

Q. Who wouldn’t let you?—A. They were just jammed up at the door, and I 

couldn’t get in. 


1318 


CAMPBELL VS. DOUGHTOIS-. 


Q, Who was it kept yon l)ack?—A. No one never kept me back. I never did 
reacli the door or the doorkeepers. 

Q. Who were tlie doorkeepers?—A. Mr. John Fnrr was one. ' 

Q. Which door was that?—A. The front door; I believe that is the door they 
went out—went in at the back door, and IVIr. Joshua Treece was one of the door¬ 
keepers. 

Q. You say yon didn’t vote on the day of election?—A. No, sir. 

Q. What are yonr politics?—A. Republican. 

Q. Foi‘ whom did yon intend to vote for Congress ?^—A. Mr. Campbell. 

(). Do yon know Mr. J. Frank Ausbnrn?—A. Yes, sir. 

Q. Did you see him on the day of election?—A. Yes, sir. 

Q. Did lie vote?—A. Said he didn’t. 

(Obiecfon by the contestee to hearsay evidence.) 

Q. What are his reputed politics?—A. Republican. 

Q. Do yon know IMr. Philas Morgan?—A. Yes, sir. 

Q. Did .von see him that day?—A. Yes, sir. 

(). Do von know whether or not he voted?—A. Said he didn’t. 

(Objection by the contestee to hearsay evidence.) 

Q. Did yon see an.v tickets in the hand of Mr. IMorgan?—A. Yes, sir. 

Q. What tickets did be have?—A. The county ticket was Republican; he said 
the whole set was Republican. 

(Objection by the contestee; hearsay.) 

Q. fie told yon there were Republican?—A. Y^es, sir. 

Q. And told yon he didn’t vote?—A. Yes, sir. 

Q. Do yon know Mr. James F. Smith?—A. I am not certain. Yes, sir; I 
know him. 

Q. Did yon see him on the day of the election?—A. I am not certain—I don’t 
know as to what he aimed to do that da.v. 

Q. Did yon see him on the grounds?—A. No, sir; I am not sure. 

0. Do yon know Mr. Albert Canuck?—A. Y^es, sir. 

Q. Did yon see him?—A. Yes, sir. 

Q. Do yon know whether or not he voted?—A. Fie said not. 

(Objection by the contestee.) 

Q. What are Mr. Canuck’s politics?—A. Republican. 

Q. Did yon see any tickets in his hand?—A. I am not certain as to that. 

Q. Did he tell yon he didn’t vote?—A. Yes, sir. 

(Objection by the contestee to hearsay evidence.) 

Cross-examination by O. J. Stkp:s : 

Q. Tliese men about wbom yon haVe told all live out here, don’t they, in this 
.section?—A. Yes, sir; Fnrr Township. 

Q. Do yon know where they are now?—A. No, sn\ 

Mr. J. L. TUCKER, being duly sworn, testified as follows; 

Ry W. Tj. Camphkll : 

Q. Yonr name is Mr. J. L. Tucker?—A. Y’^es, sir. 

Q. Yon are a resident of Fnrr Town.ship?—A. Yes, sir. 

Q. Do yon know Tdr. S. M. Hartsell ?—A. Y'es, sir. 

Q. Do yon know where he is now?—A. No, sir. In Ylontgomery County, I 
heard- 

(Object’on by the contestee.) 

Q. Y"on know that he is gone, do yon?—A. It was told me that he was. 

(Objection.) 

Q. Did yon .see IMr. Hartsell on the day of election?—A. Yes, sir. 

Q. At the polling place?—A. Y"es. sir; I talked to him. 

Q. Do yon know whether he voted or not?—A. He told me he didn’t think he 
wo*^ "oiii" to set to vote; it was just before the polls closed. 

(Objection.) 

Q. What are his politics?—A. Republican. He had a handful of Republican 
tickets. 

Q. Did yon see in that handful of Republican tickets the congressional 
ticket?—A. Y^es, sir. 

Q. What congressional ticket was this—for Campbell or Donghton?—A. For 
Campbell. 

(The contestee objects to the testimony of all the witnesses at this hearing 
W'herein they have undertaken to testify that they were qualified electors on 



CAMPBELL. VS. DOUGHTON. 


1319 


November 2, 1920, for that they have undertaken to state a conclusion of law 
based on their opinion of what constitutes a qualified voter when in fact their 
qualifications had not been passed upon by the election officials, or shown by 
their testimony. 

The contestant desires to add the re. 2 :istration hooks of Furr Township as 
furtlier evidence of rejtistrat’on.) 

(The hearing was here adjourned until 10 o’clock a. m., on February 23, 
1921.) 

The hearing was resumed on February 23. 1921. at 10 o’clock a. m., in Big 
Lick Township, Stanly County, N. C.. before S. G. Howard, notary and com¬ 
missioner of evidence; Mrs. Sadie M. Leak, reporter. 

Contestant, James I. Campbell, is present in -person; W. L. Campbell and 
W. E. Bogle present as counsel for contestant. 

Contestee, Robert L. Doughton, is present in person; J. R. Price and H. C. 
Turner present as counsel for contestee. 

Mr. M. A, WHITLEY, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Your name is Mr. M. A. Whitley?—A. Yes, sir. 

Q. You are a resident of Big Lick Township?—A. Yes, sir. 

Q. Are you a qualified voter in this township?—A. Yes, sir. 

Q. Were you present on November 2, 1920, at the polls?—A. I was. 

Q. Did you vote?—A. No, sir. 

Q. State why you didn’t vote?—A. Well, first, it was so crowded I couldn’t 
get in and- 

Q. Where was the polling place?—A. Brick building out yonder on the left 
from here. 

Q. How did the people come in and how did they go out?—A. They went in 
the front door and come out at the back. 

Q. Did anyone go in any other way than that?—A. There was a rule made 
later in the day that people over a certain age—I forget what age—was admitted 
from the rear door, maybe 65, I don’t know just what it was, but I know my 
father went in the rear door- 

Q. Mr. Whitley, just go ahead and tell of any irregularities that happened 
that you know of your own knowledge.—A. I didn’t vote for the reason that I 
couldn’t get in to vote. 

Q. It was just so crowded you couldn’t get in and they was slow going in—• 
too long about admitting them. What is the nature of your politics?—A. I am 
a Republican. 

Q. For whom did you mean to vote for Congress?—A. Dr. Campbell. 

Cross-examination by J. R. Price : 

Q. Mr. Whitley, do you know how many people voted here on that day?—A. 
I don’t know exactly; I can tell pretty near. 

Q. About how many people?—A. About six hundred and forty or fifty. 

Q. About how many would that be per minute that you voted?—A. I haven’t 
just figured it up—about one a minute. 

Q. About one a minute all day long. What was the nature of the crowd out 
there?—A. Well, in the forepart of the day-- 

Q. How large was the crowd?—A. I would say ranging from a hundred and 
fifty down to maybe fifty or seventy-five late in the evening. 

Q. Now, Mr. Whitley, the fact that the crowd was out there, did that keep 
anybody from voting?—A. I really think so, because there was doorkeepers 
and they was there ready to vote and ready to enter and no one pressed by 
the doorkeepers. 

Q. So you don’t attribute your failui-e to vote to the crowd that was thei-e?— 
A. No: that is. in one v.’ay I don’t and in another I do; I don’t hold anything 
against them, because they had as much right to vote as I did. 

Q. Do you attribute your failure to vote to the scrouging of the crowd out 
f]^ere?—A. Well, I really think that it might have been done away with a little 
faster than it was. 

(j. Now, they had voted during the entire day at the rate of about one a 
minute?—A. Yes, sir. 

Q. And still there was a large crowd; now, you don’t attribute your fa dure 
to vote because of the crowd? The crowd didn’t keep you from voting?—A. 
Well, now, I just don’t understand it. 





1320 


CAMPBELL VS. DOUGHTON. 


Q. I am trying to find out from you whether or not you charge the crowd 
with the failure of anyone to vote?—A. No; I don’t, charge it to the crowd. 

Q. So, then, the fact that the crowd was around there was not the cause of 
anylmdy’s not being able to vote?—A. If that, crowd hadn’t been in front of 
me I could have got in and voted, but they were in front of me. 

Q, Now, the thing I am ti'yiug to get at is bow tlio facts are exactly—how it 
was—I just want you to tell the court?—A. Well, now, I don’t want to make a 
statement that would lodge a wrong impression about the matter; a good deal 
of that trouble lay in la^t holding the work uj) like it ought to be—in being slow. 

Q. You never got in the house all day?—A. I went in to go with my father 
when he went in. 

Q. How long were you in there?—A. Maybe from the time I went in until 
we got back, three minutes, carrying my father in from the rear door and com¬ 
ing out. 

Q. That was the only time you were in the house?—A. It seems to me that 
the poll holder—that he sent for me and my brother for a little matter and I 
was in once more. 

Q. What time was it?—A. I don’t remember what time it was. I went in 
the time he had the conversation with me and I went in with my father when 
he went to vote. 

Q. How long were you in there the second time you went?—A. About three- 
quarters of a minute. 

Q. You were in the house about three minutes when you went with your 
father?—A. Yes sir; and about three-quarters of one minute the second time. 

Q. And those were the only times you were in the house that day?—A. Yes, 
sir. 

Q. Now, you don’t know, then, Mr. Whitley, as a matter of fact, that it 
wasn’t the fault of the registrars that they didn’t get along any faster than 
they did for the reason that you were not in there over four minutes?—A. I 
can’t say of my own knowledge on that point; I just know they didn’t. 

Redirect examination: 

Q. You say that when you went, in there with your father you went in to 
vote him. did you?—A. Yes, sir. 

Q. And I understood you to say that they voted the old gentlemen—made a 
proposition that they couhl come in and vote?—A. We got hi)u admitted from 
the rear door and I was informed they was admitting all the men over a certain 
age. 

Q. Tell us what do you attribute your failure to vote on the day of election?— 
A. Because I couldn’t get in there for that purpose. 

Q. Why was this crowd in front of you? You said you couldn’t get in there 
on account of the crowd. Now why were they there?—A. They were there 
because they couldn’t get Avaited on. 

Q. IMr. Whitley, I ask yon if the officers on that day—I ask you if the election 
wasn’t a drag and if there wasn’t a great deal of comment on the fact that it 
was carried on so slowly and took up so much time in unnecessary dillydally¬ 
ing?—A. Yes, sir. 

Q. There was a great deal of comment on that?—A. Yes, sir; out on the 
streets. 

Recross-examination; 

0. These people who were commenting about the matter hadn’t been in there, 
had the.v?—A. I don’t know that I heard anyone speaking about it that went, 
in theve. 

Q. They couldn’t tell the reason why the matter was not proceeding faster— 
thev were iust simply talking about it like any other crowd that wanted to 
vote?—A. Yes, sir, 

(}. And they were voting there, at the least, at the rate of one a minute— 
there were a lot of women who voted there that day, were there not?—A. 
Yes, sir, 

Q. That was the first time they had been eligible to vote in this Si'nte, and 
I want to ask this question; Taking into consideration the fact that the ladies 
were out to vote, it being the first time they ever had an opportunitv, and 
the speed of one vote per minute, under all the facts and circumstances in eon- 
nection with it, don’t you think that was a pretty good rate of speed?—A. They 
did vote more than that there a time or two. They made a break and voted 
about two a minute or more. 


CAMPBELL VS. DOUGHTON. 


1321 


Q. But, considering? all the facts and corciimstances there that dav, that was 
a pretty j?ood rate of speed; wasn’t it?—A. Yes, sir; but- 

Q. In view of all the facts and circumstances, don’t you think one a minute 
was reasonable speed all day long—from sunup to sundown?—A, That was 
based on my opinion. 

Q. That is what I am asking you for?—A. I think they could have voted 
more. 

Q. Plow much more?—A. I believe they could have voted 200 more that 
day. 

Q. Mho were the doorkef'pers, Mr. Whitley?—A. S—Honeycutt and I believe 
one was a Helms. I wasn’t very well acquainted with him'. They tell me he 
lives on Mr. Efird’s place, and a Lancaster or Langston—them three—I don’t 
remember whether anyone relieved them or not—maybe Mr. Richardson re¬ 
lieved them. T don’t know that they was relieved by anybody else. 

Redirect examination: 

Q. You told IMr. Price that at some times they voted as many as two or three 
a minute?—A. Yes, sir. 

Q. Don’t you know, of your own knowledge, it took five minutes to vote one 
man?—A. They was longer than that going in there; longer periods that that 
I didn’t time none of them. 

Recross-examination; 

Q. Y’'ou were not in the house except about four minutes that day?—A. Pour 
minutes, I am satisfied, would cover the time. 

Q. And you say sometimes it took four or five minutes to vote some?—A. 
Yes, sir. 

Q. Prom what source did you get that information?—A. Prom their entrance 
into the door and their coming out. 

Q. You don’t know, as a matter of fact, except from that?—A. I can’t say 
that they voted at all. 

Q. Did they have any challenges that day?—A. Now, I understand that they 
did, but I wasn’t present. 

Q. They ma.v have been hearing the challenges in there—you don’t know 
whether it was the inability to vote them or the question of challenges?—A. 
I don’t. 


Mr. T. R. PURR, being duly sworn, testified as follows; 

By Mk L. Campbell ; 

Q. Your name is Mr. T. R. Purr?—A. Yes ,sir. 

Q. You are a qualified voter of Big Lick Township?—A. Yes, sir. 

Q. What are .vour politics?—A. Republican. 

Were you present at the election, November 2, 1920?—A. Yes, sir. 

Q. Were jmu present for the purpose of voting?—A. Yes, sir. 

Q. Did vou vote?—A. No, sir. 

Q. Why?—A. Well, the crowd was in front of the door until I couldn’t enter 
inJl’thev was ahead of me and I wouldn’t push my way through. 

Q. Who did you intend to vote for for Congress?—A. Mr. Campbell. 


Cross-examination by J. R. Price; 

O Do you know what a qualified voter is?—A. I think so. 

Q. Tell us. —A. A man, I would think, that was registered according to law 
and a law-abiding citizen in the township and county. Is that right? 

Q. That is what you call a qualified voter?—A. That is vdiat I would think. 
Q Now, Mr. Purr, you didn’t vote because you couldn’t get th,rough the 
crowd?_A. Y^es, sir; that was why I didn’t vote. I didn’t think I could get 

through; they was so many ahead of me. 

Q. Did you try to get through?—A. No. Someone told me they v/ould carry 
me around to the back door and I could go in if I would follow him, and he 
went in and the fellow ob.iected to my going in. 

Q. Who said that, Mr. Purr?—A. The back doorkeepers. 


Redirect examination; 

Q. You had registered, had you?—A. Yes; I didn’t register this year. I wms 
registered under the grandfather’s clause. 

Q. You had paid .vour poll tax, had you?—A. Yes, sir. 

Q. Isn’t that what jmu understand a qualified voter to be? 

(Objection to leading the witness.) 



1322 


CAMPBELL VS. DOUGHTON. 


INIr. ELI .1. SIMITH, bein?? duly sworn, testiiiecl as follows: 

P>y W. L. Campbell; 

Q. Your name is Mr, Eli .1, Smith?—A. Yes, sir. 

Q. Yon are a qnalitied voter in Bis Lick?—A. Yes, sir. 

Q. Were yon present November 2, 1920, for the purpose of voting?—A. Yes, 

sir. 

Q. Did yon vote?—A, No, sir. 

Q. Why?—A. Crowded nj) so I couldn’t git in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Campbell. 

Cross-examination by J. R. Price : 

Q. Did you try to get in?—A. I never; just tried to push—we was there and 
scrouged so, and I never tried to scrouge by. 

Q. Who was in the crowd? What time of day was it?—A. About all day the 
crowd was there. 

Q. How large was the crowd ?—A. I expect a hundred aroinid the door. 

Q. You are pretty well acquainted with the politics of the people who were 
in this crowd, are you?—A. Some of them. 

Q. What proportion of them were Democrats, and what proportion were Re¬ 
publicans? A great many more Re])ublicans in the crowd than Democrats, 
wasn’t there?—A. I suppose they was. 

Mr. A. N. SPRINGER, being duly sworn, testified as follows: 

By W. L, Campbell : 

Q. Your name is Mr. A. N. Springer?—A. Yes, sir. 

Q. You are a qualified voter in Big Lick Township?—A. Y^es, sir, 

Q. You say you are a qualified voter?—A. Yes. sir. 

Q, AVhat is the nature of your politics?—A. Repulilican. 

Q. For whom did you intend to vote for Congress?—A. Dr. Campbell, 

Q. Did you vote?—A. No, sir. 

Q. AVhy didn’t you vote?—A. Such a crowd I couldn’t git in. 

Cross-examination by J. R. Price ; 

Q. Did you try to get in?—A. I did. 

Q. How large was the crowd?—A. Well, the crowd ranged, frim sunup until 
sundown, around 200 people. 

Q. AVhat proportion was Democrats and what proportion Republicans?— xV. 
I can’t answer that. Well, a large majority of Republicans, of course. 

Q. A large majority of Republicans? There was no disposition on the part 
of the Democrats to jam up the doorwtiy?—A. No, sir. 

Q. There were two or three Republicans there to every Democrat?—A. There 
was more Republicans, of course. . 

Mr, S. IM. SIMITFI, being duly sworn, testified as folloAvs: 

By W. L. Campbell : 

Q. Your name is Mr. S. INI. Smith?—A, Yes, sir. 

Q. Are you qualified to vote in Big Lick Township? 

(The contestee objects to the question.) 

Q, Were you present on November 2, 1920?—A. I was. 

Q, Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. I just considered I couldn’t git in without 
scrouging some others out. 

Q. What are your politics, Mr. Springer?—A, Republican. 

Q. For whom did you intend to vote for Congress?—A. Dr. Campbell. 

Mr. L. J, SDIITtI, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Your name is IMr. L. J. Smith?—A. Yes, sir. 

Q. Are you qualified to vote in Big Lick Township?—A. Yes, sir. 

Q. Did you vote on November 2, 1920?—A. No, sir, 

Q. Were you present for the purpose of voting?—A. Y'es, sir. 

(}. Why didn’t you vote?—A. I couldn’t git in—a large crowd. 

Q. What is the nature of your politics?—xV. Republican. 

Q. For whom did you intend to vote for Congress?—xY. Mr. Dr. Campbell. 


CAMPBELL, VS. DOUGHTON. 


1323 


Cross-examination by H.. C. Turner : 

Q. How old are yon?—A; Twenty-one. 

Q. When were you 21?—A. In Apnl. 

Mr. THOMAS MORGAN, being duly sworn, testified' as follows: 

By,W. L. Campbell: 

Q. Your name is Mr. Thomas Morgan?—A. Yes. 

Q.. Does your name appear on the register under that name?—A. Yes, sir. 

Q. You are a qualified voter in Big Lick Township^ are you?—A. Yes' sir 
Q. Were you present on November 2, 1920, at the polling place for the’ purpose 
of voting?—A. Yes,- sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. I couldn’t get in—it was so crowded up around 
the door. 

Q. What are your politics ?—A.* Republican: 

Q. For whom did*you intend to vote for Congress?—A. Dr. Campbell. 
Cross-examination by J. R. Price: 

Q.'There were more Republicans than Democrats in that crowd?—A. I think 
so; yes, sir. 

Mr. W. H. SASSER, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Y'our nameds Mr. W. H. Sasser?—A. Yes, sir. 

Q. You are qualified to vote in Big Lick Township, are you?—A. Yes, sir.-' 

Q. Were you present on November 2, 1920, for tJie purpose of voting?—A.’ Yes, 
sir. 

Q;’Did you vote?-^A. No, sir. 

Q. Why didn’l you vote?—A. They were just in front of me, so that I didn’t 
try to press my way through. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Dr. Campbell. 
Cross-examination by J. R. Price: 

Q. That crowd in front of you—what proportion was Democrats and what 
proportion Republicans?—A. I can’t tell you. I just can’t tell you about that. 
I suppose more Republicans than Democrats. 

Mr. 'WEBB TUCKER, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. Mr. Tucker, you live in Furr Township?—A. Yes, sir. 

Q. You are qualified to vote in Furr Township, are you?—A. l’'es, sir. 

Q. Were you present on the day of election at the polling place?—A. Yes, sir, 
Q. Did you vote?—A. Yes, sir. 

Q. You did vote?—A. I did vote; yes, sir. 

Mr. T. J. TUCKER, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. Your name is Mr. T. J. Tucker?—A. Yes, sir. 

Q. Y'ou are a qualified voter in Furr Township, are you?—A. Yes, sir. 

Q. Did you vote on the day of election, November 2,'1920?—A. Yes; sir; 1 
voted. 

By Dr. Campbell: 

Q. Were you subpoenaed to be at Furr?—A. They notified us to be out there. 

Mr. J. H. EDWARDS, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Your name is Mr. J. H. Edwards?—A. Yes, sir. 

Q. Were you present at the polling place November 2, 1920, for the purpose of 
voting?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. I couldn’t git in to vote. 


1324 


CAMPBELL VS. DOUGHTON. 


Q. What is the nature of your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Campbell. 

Cross-examination by J. R. Price : 

Q. Did you try to get in?—A. Yes, sir. 

Q. Large crowd there?—A. Yes, sir. 

Q. How many more Democrats in the crowd than Republicans, or about how 
many?—A. I don’t know, sir. 

Q. Great many more Democrats—I mean more Republicans there than Demo¬ 
crats?—A. I thought they was right smart more. 

Mr. W. A. BARBEE, being duly sworn, testified as follows: 

By W. L. Campbell; 

Q. Your name is Mr. W. A. Barbee?—A, Yes, sir. 

Q. Are you qualified to vote in Big Lick?—A. l’'es, sir. 

Q. Were you present on the day of election, November 2, 1920?—A. Yes, sir; 
I was. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. It was crowded around there and I just didn’t 
get in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Mr. Campbell. 
Cross-examination by J. R. Price: 

Q. How long have you been living in this township?-—A. I was born and 
raised here. Been living here 40 years. 

Q. Did you try to get in to^ vote?—A. Yes, sir; I got there and pushed a 
little. 

Q. How long did you stand in line?—A. I was around right smart little bit. 

Q. There were a greaf many more Republicans than Democrats there?—A. 
Oh, yes, sir. 

Q. You did not blame the Democrats for your inability to vote?—A. Oh, no; 
I was not. 

Mr. BRYAN ALMOND, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. Your name is Mr. Bryan Almond?—A. Yes, sir. 

Q. Are you qualified to vote in Big Lick Township?—A. Yes, sir. 

Q. Were you present on November 2, 1920, at the polling place for the purpose 
of voting?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. .Just couldn’t get in—crowded so bad. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Campbell. 

Cross-examination by J. R. Price : 

Q. So you didn’t try to get in?—A. No, sir. 

Redirect examination: 

Q. You say you were there on the ground?—A. Yes, sir. 

Q. For the purpose of voting?—A. Yes, sir. 

IJ\ 

Mr. A. G. MORTON, being duly sworn, testified as follows: ‘ 

By W. L. Campbell ; 

Q. Your name is Mr. A. G. IMorton?—A. Yes, sir. 

Q. Were you present at the polls on November 2, 1920?—A. I was., 

Q. Did you vote?—A. No, sir. 

Q. Tell us why you didn’t vote?—A. Well, I wish I did know—it is hard to 
tell. 

Q. Why? Do you know?—A. I made the fourth effort. I was working in the 
store near where they were holding the polls and T was called out to go in the 
country, and I made an effort to vote before I went—had my tickets selected 
Q. What ticket was that?—A. Full Republican ticket. 

Q. Straight Republican ticket?—A. Yes, sir. 

Q. Including Dr. Campbell for Congress?—A. Yes, sir; and it was crowded 
so and I asked to be admitted and it wasn’t granted to me, and after I came 


CAMPBELL VS. DOUGHTON. 


1325 


back from the country I went to the front entrance of the building owing to the 
condition of the way they were in the building, and then in the evening someone 
told me they had been letting aged men and ministers go in the back, and I 
went around there and was turned down as much as two times. 

Q. Who turned you down?—A. The doorkeepers. 

Q. Who was the doorkeeper?—A. Well, a Mr. Honeycutt, and I think someone 
else another time; a different man turned me down, and I can’t say exactly as 
to that, and some of my friends. Democrats and Republicans, said you go vote 
when you come back and I went back and was turned down—still had my tickets, 
and got some of them yet. I made the eifort and reasoned with them and told 
them I would be thankful for advancement. 

Cross-examination by J. R. Pkice : 

Q. You said Mr. Honeycutt turned you down first?—A. He did on one occa¬ 
sion when I presented myself. 

Q. Who was the man the other time?—A. I can’t say. 

Q. Do you know what Mr. Honeycutt’s politics are?—A. I can’t say that I 
do know. I know what has been said about him. 

Q. \Vhat is that?—A. That he was Republican, but the other man that was 
with him, there was some one supposed to be a Democrat. 

Q. The reason why you were not permitted to go in and vote when you 
presented yourself to vote was because others were there ahead of you?—A. No 
one was ahead of me and I reasoned with them, but they turned me down. 

Q. The rule was they had to go in the front?—A. Yes, sir. 

Q. xVnd you v/ent in the rear?—A. Yes, sir; when I was told by substantial 
men that they had let people in there 10 or 15 minutes before that. 

Q. That rule was made for aged men?—A. IVell tliey said one was a i)reacher 
and they turned me down. 

Q. How many times, Mr. Morgan ; I believe you are a minister. How many 
times did you go to the front door?^—A. One time, well twice; after I got back 
I went to the front door and to the back door twice. 

Q. How long 'did you stay?—^A. I stayed long enough to find out I wasn’t 
going to be admitted. 

Q. You d dn’t think you ought to be permitted to vote in front of somebody 
else who had been standing there a long time?—A. According to the way they 
had been doing I thought they ought to let me in. 

Redirect examination: 

Q. You say Mr. Honeycutt who turned you down was a Republican—he was 
the bailiff was he not?—A. He was appointed for the purpose of door keeper. 

Q. He was acting under the instructions of the officers on the inside?—A. He 
told me he was and said, “ You know I would let you in if I was allowed to,” 
and he reasoned with me and said ” I can’t do it.” 

Q. He said he was acting under the instructions of the men on the inside?— 
A. Yes, sir; he reasoned that with me. 

Mr. A. V. THOMAS, being duly sworn, testified as follows: 

By Mr. W. L. Campbell : 

Q. Your name is IMr. A. V. Thomas?—A. Yes, sir. 

Q. Is that the name you were registered under?—A. V. I suppose, yes, sir. 

Q. You are a qualified voter in Big Lick Township, are you Mr. Thomas?—A. 
Yes, sir. 

Q. Were you present at the polling place November 2, 1920, for the purpose 
of voting?^A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Whv^lidii’t you vote?—A. Couldn’t get in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Dr. Campbell. 

Cross-examination by J. R. Price: 

Q. Did you try to get in?—A. Yes, sir. 

Q. How long did you try?—A. I was around there all day. 

Q, Was you pushing to try to get in aU day?—A. I pushed a time or two. 

O. Thei-e was a great many moi’e Republicans in the crowd than Demo¬ 
crats?—A. I think so. - v. 

, Q. You don’t l)lame the Democrats because you couldn’t get through the 

crowd?—A. No, sir. 


1326 


CAMPBELL. VS. DOUGHTOl^. 


Mr. W. T. HATLEY, being duly swoni, testified as follows: 

By W. L. Campbell: 

Q. Mr, Hatley, are you a qualifikl voter in Big Lick Township?—A. Yes, sir, 
Q. Were you present on the day of‘election, November 2, 1920, for the pur¬ 
pose of voting?—A., Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. I couldn’t get ini Too big a crowd around—I’ 
couldn’t get in. 

Q. What are‘your politics?—A.'Republican.' ^ 

Q. For whom did'you intend to vote'for Congress?—A. Dr. Campbell. 

Cross-examination by H. C. Turner: 

Q. Did you try to vote?—A. I tried to get in but they were too rough for me. 
Q. You'got to pushing, too, didn’t you?—A. Yes, sir ; biit they were too rough 
for me. 

]\Ir. J. F. AUSTIN, being dulKsw^orn, testified as follows: 

By W. L. Campbell: 

Q. Your name is Mr. J.'‘F. Austin?—A. Yes, sir. 

Q. Are you registered' under that name?—A. Yes, sir. 

Q. Were you pre.sent at the polling place on November 2, 1920?—A. Yes, sir. 
Q. Did you vote?—A. No,' sir. 

Q, Why didn’t you vote?—A. Couldn’t gif in. ' 

Q’. Wha;t' are your politics?^—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Dr. Campbell. 

Mr. A. W. BARBEE, being duly sworn, testified as follows: 

By W. 1j. Campbell: 

Q. Are you a qualified voter in this township?—^A. Yes, sir. 

Q. Were you present on the day of election?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q: You were there to vote were you?—A. Yes, sir. 

Q.' Why didn’t you vote?—A. I didn’t try to get in. 

Q. You were on the ground were you?—A. Yes, sir. 

Q. You were in the crowd?—A. Yes, sir. 

Q. Why didn’t you try?—A. I just didn’t try to get in-^it was crowded so I 
didn’t try. 

Q. You say it was useless to try?—A. Yes, sir. 

Q. What are your politics?—A. Republican. 

Q. For whom did you mean to vote for Congress?—A. Dr. Campbell. 

Cross-examination by H. C. Turner : 

Q. You say you were in the crowd but didn’t try to get in?—A. Yes, sir. 

Mr. J. H. HARTSELL, being duly sWorn, testified as follows: 

By W. L. Campbell : 

Q. Your name is Mr. .1. H. Hartsell?—A. Yes, sir. 

Q. Are you a qualified voter in Big Lick Township?—A. Yes, sir. ' 

Q. Were you present Noven’iber 2, 1920, at the polling place for the purpose of 
voting?—A. Yes, sir. 

Q. Did you‘vote?—^A. No, sir. 

Q. Why didn’t you vote?—A. It was crowded so around the door I couldn’t 
get in—so many there didn’t get in; I didn’t try—I was there all day. 

(}. You wanted to vote, didn’t you?—A. Ye's, sir. 

Q. You were in the line?—A. Yes, sir. 

Q. Did*you try to get into the building? 

(Objection by the contestee to leading.) 

Q. You say you were in the crowd that was about the building to vote?—A. 
Yes, sir. 

Q. Did you push to get in?—A. I pushed a little once. 

(Objection by the contestee to leading questions.) 

Q. What is the nature of your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Campbell. 

Q. What time did you get there, Mr. Hartsell, at the voting place?—A. I came 
early that morning and stayed all day. 


CAMPBELL VS. DOUGHTON. 


1327 


Q. You say you were there all day?—A. Yes, sw. 

Well, (I'dii’t you rry to vote while you were there all day?—A. I tried to 
push in once that morning before they made a rule to let the ladies vote first—I 
stayed around with the crowd. I was aiming to vote if I could get through. 

Mr. J. LEE SMITH, being duly sworn, testified as follows: 

Ry W. Ij. Campbell : 

Q. Your name is Mr. .T. Lee SmTh?—A. \>s, sir. 

Q. Did you reg ster under that name?—A. Yes, sir. 

Q. Are you a qualified voter in Big Lick Township? How is that you said?— 
A. iMy name is I.ee Andrew Smith. 

Q. You haven’t got J. in your name?—A. I guess not. 

Q. Are you a qualified voter in Big T/ck Township?—A. Yes, sir. 

Q. Were you present November 2, 1920, at the polling place?—A. Yes, sir. 

Q. For the purpose of voting?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t >"ou \’Ote?—A. I just couldn’t get in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you mean to vote for Congress?—A. Campbell. 
Cross-examination by .T. R. Pbice: 

Q. Did you try to get in to vote?—A. I got in the push—^a little in the crowd, 
but I didn’t get through. 

Q. More Republicans than Democrats in that crowd?—A. Well, they was at 
times and- 

Q. You didn’t blame the Democrats because you couldn’t get to vote, did 
you?—A. No. 

Mr. MILTON F. HARTSELL, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Your name is Mr. Milton F. Hartsell?—A. Yes, sir. 

Q. Are you a qualified voter in Big Lick Township?—A. I’^es, sir. 

Q. Were you present on November 2, 1920, at the polling place?—A. Yes, sir. 
Q. Did you vote?—A. No, sir. , 

Q. Why didn’t you vote?—A. I couldn’t get in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you mean to vote for Congress?—A. Dr. Campbell. 

Cross-examination by J. R. Price: 

Q. Did you try to get in?—A. Yes siu 

Q. How long did you remain there that day?—A. I remained until dark. 

Q. All day?—A. Yes, sir. 

Q, You tried all day to get in?—A. I was around there—I didn’t try but a 
time in the morning on the outside of the building and I got in there in the 
push and tried to get in, and when they made a change it throwed me behind 

and I fell back. . , „ * 

Q. There were a great many more Republicans than Democrats there?—A. 

I suppose there was. 

Q. And you didn’t blame the Democrats?—A. Oh, no. 

]Mr. W. F. HILL, being duly S\wm, testified as follows: 

By W. L. Campbell : 

O. Were you registered under the name of W. F. Hill?—^A. Yes, sir. 

Q. Were you present at the polling place on November 2, 1920?—A. Yes, sir. 
Q. Did vou vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Couldn’t pt in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you mean to vote for Congress?—A. Campbell. 
Cross-examination by J. R. P«ice: 

Q. Did you try to get in?—A. No, sir; I was there in the crowd; I didn’t 
push. 

Redirect examination : 

Q Sav vou were there in the crowd?—A. Yes, sir. 

Q. Did you try to get in at all?—A. No, sir; I didn’t try to push. 



1328 


CAMPBELL VS. DOUGHTON. 


Q, Yon were there for the purpose of gettiiij? in?—A. Yes, sir. 

Dr. Campbell. Yon meant to go in when the opportunity presented itself? 

A. Yes, sir; oh, yes, sir. 

Mr. LEE R. HONEYCUTT, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. Your name is Mr. Lee R. Honeycutt?—A. Yes, sir. 

Q. Mr. Honeycutt, you have the right to vote in Big Lick Township, have 
you?—A. Yes, sir. 

Q. Were you present at the polling place on November 2, 1920?—^A. Yes, sir. 

Q. For the purpose of voting?—A. Yes, sir. 

(}. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. I didn't see any chance to get in—I tried to get 
in in the evening. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Campbell. 

Cross-examination by J. R. Pkice : 

Q. That was at Stanfield, was it?—A. No, sir. 

Q. You say you tried to get in?—A. Yes, sir. 

Q. How many times did you try?—A. Three different times. 

Q. Why didn’t you get in?—A. I was the next one to a went in when the 
polls closed. 

Q. So the crowd kept you from getting in?—A. Y"es, sir. 

Q. More Republicans than Democrats there?—A. Yes, sir. 

Q. And you didn’t blame the Democrats because you couldn't get through?— 

A. No, sir. 

Mr. RUFUFS MORGAN, being first duly sworn, testified as follows: 

By Mr. Campbell : 

Q. Are you registered under the name of Rufus Morgan?—A. Yes, sir. 

Q. Are you qualified to vote in Big Lick Township?—A. Yes. sir. 

Q. Were you present on the day of election, November 2, 1920, for the pur¬ 
pose of voting?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Couldn’t get in. 

Q. What are your politics?—A. Republican, 

(}. For whom did you mean to vote for Congress?—A. Campbell. 

Cross-examination by J. R. Price : 

Q. Did you try to get in ?—A. No, sir. 

Redirect examination: 

Q. You were on the grounds for the purpose of voting?—A. Yes, sir. 

Q. You were in the crowd?—A. Yes, sir. 

]\rr. J. F. HATLEY, being first duly sworn, testified as follows: 

By W. L. Campbell : 

Q. Were you registered under the name of J. F. Hatley?—A. Yes, sir. 

Q. Are you a qualified voter of Big Lick Township?—A. Yes, sir. 

(h Were you present at the polling place November 2, 1920?—A. l’'es, sir. 

Q. Did you vote?—A. No, sir, 

Q. AVhy didn’t you vote?—A, I couldn’t get in to vote, 

Q. What is the nature of your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Dr. Campbell. 

Cross-examination by J. R. Price : 

Q. Did you try to get in?—A. Yes, sir. 

Q, And couldn’t on account of the crowd?—A. Yes, sir. 

Q. Great many more Republicans than Democrats in the crowd?—A. Yes, sir. 

Q. You didn’t blame the Democrats because you couldn’t get in?—A. No, sir. 

Mr. A. H. SASSER, being first duly sworn, testified as follows: 

By W. L. Campbell; I 

Q. INIr. Sasser, are you a qualified voter of Big Lick Township?—A. Yes, sir. ' 

Q. Were you present at the polling place November 2, 1920, for the purpose of 
voting?—A. Yes, sir. _ I; 


CAMPBELL VS. DOUGHTON. 


1829 


Q. Did you vote?—A. No, sir. 

Q. State why you didn’t vote?—A. On account of the crowd I couldn’t get in 
the door. 

Q. What are your politics?—A. Republican. 

Q. For whom did you mean to vote for Congress?—A. Dr. Campbell. 

Cross-examination by J. R. Peice : 

Q. Did you try to get in?—A. Yes, sir. 

Q. How long did you try?—A. Something like three or four hours I was 
:around the door. 

And you couldn’t get in on account of the crowd?—A. Yes, sir. 

Q. In that crowd about the door there were a great many more Republicans 
than there were Democrats?—A. I think there were. 

Q. And you didn’t blame the Democrats because you couldn’t get in?—A. No, 
sir. 

Mr. D. J. MORGAN, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q Did you register under the name of D. J. Morgan?—A. D. Jerome Morgan, 
I think. 

Q. Mr. Morgan, are you a qualified voter in Big Lick Township?—A. Yes, sir. 

Q. Were you present at the polling place November 2, 1920, for the purpose of 
voting?—^A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. I just couldn’t without scrouging some one else 
out. 

Q. IVliat are your politics?—A. Republican. 

Q. I’or whom did you intend to vote for Congress?—A. Dr .Campbell. 
Cross-examination by J. R. Peice: 

Q. Did you try to get through?—A. I didn’t try to scrouge, particular. 
Redirect examination: 

Q. Mr. Morgan, are you sure that your name is entered on the registration 
book as D. Jerome?—A. I am not right certain—they had it that way part of 
the time. 

Q. It is either D. Jerome or D. J.?—A. Yes, sir. 

Mr. M. L. MORGAN, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. How are you registered on the registration book?—A. “ M. L.,” I think, or 
•“ M. Luther.” 

Q. Are you a qualified voter in Big Lick Township?—A. Yes, sir. 

Q. Were you present at the polling place on November 2, 1920?—A. Yes, sir. 
Q. For tiie purpose of voting?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Crowded so I couldn’t get in without scroug¬ 
ing. I was right round there, ready. 

Q. What are your politics?—A. Republican. 

Q. For whom tiid you intend to vote for Congress?—A. Dr. Campbell. 
Cross-examination by J. R. Peice: 

Q. Did you try to get in?—A. No, sir. I never scrouged any, but I was 
right there ready to go in. 

Q. You never tried to go through the crowd?—A. No, sir. 

Redirect examination: 

Q. You were in the crowd that was trying to get in?—A. Yes, sir. 

IMr. E. R. SMITH, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Were you sworn?—A. Yes, sir. 

Q. How ai-e you registered, or do you remember, Mr. Smith, on the registra¬ 
tion book?—A. It is E. R. or Ephraim R. 

•Q. Are you ,a qualified voter in Big Lick Township?—A. Yes, sir. 


1330 


CAMPBELL VS. DOUGHTOX. 


Q. Were you present at the polls November 2, 1920, for the purpose of vot¬ 
ing;?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Crowded round the door so bad I couldn’t push 
in. I went to the back door and they wouldn’t let me in, .so I just stayed out. 
Q. What are your politics?—A. Republican. 

Q. For whom did .vou mean to vote for Conjiress?—A. Mr. Campbell. 
Cross-examination by J. R. Price : 

Q. You didn’t try to push through the crowd?—A. No, sir; because they 
was just crowded until I couldn’t afford to do that. 

Q. The rule was to go in the front door?—A. Yes, sir. 

Redirect examination: 

Q. You were in the crowd at the front door for the purpose of getting in?— 
Yes, sir. 

Mr. N. J. AVHITLEY, being duly sworn, testified as follows: 

By W. L. Campbet.l-: 

Q. Your name is Mr. N. J. Whitley?—A. I think the J. is not proper. N. G. 
is 'niy name. 

Q. Under what nahle, do ybh reitiember, did you Ve^giste'r?—‘A. Thdy had it 
“ N. J.” on the book. I reckon—Nathaniel. 

Q. You are a qualified voter in Big Lick Town'Ship?— 'A. Yes, sir. 

Q. Wei*e you'preSeht at the polling place Noveihber 2, 1920, for the purpose of 
voting?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you Vote?—A. I jii'st couldn’t get'in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you mean to vote for Congress?—A. Dr. Campbell. 
Cross-examination by H. C. Turner: 

Q. Did you try to get through the crowd?—A. I tried all except pushing—I 
didn’t do that. 

Mr. HOMEN L. BURRIS, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Did you register under fhe name of Homer L. Burris?—A. Yes, st. 

Q. Are you a qualified voter of Big L’ck Township?—A. Yes, sir. 

Q. Were you present at the ixdls on November 2, 1920, for the purpose of 
voting?—A. Yes. sir. 

Q. Did you vote?—A. No, sir. 

Q, State why you didn’t vote?—A. Why it was so scrouged I couldn’t get in. 
Q. What are your polit’cs?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. INIr. Campbell. 

Mr. .JOHN A. BURRIS, being duly sworn, testified as’follows: 

By W. L. Campbell: 

Q. Your name is IMr. John A. Burras?—A. Yes, sir. 

Q. Did you register under that name?—A. Yes, sir. 

Q. Are you qualified to vote in Big IJck Township?—A. I am. 

Q. tVere you present at'the polls on November 2, 1920?—A. I was. 

Q. For the purpose of voting?—A, Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A, I couldn't get through the door to vote, on ac¬ 
count of it be'ng crowded so in front of me. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Mr. Campbell. 

Mr, L. iMANASSES WHITLEY, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. Did you register under the name of L. ]\!anasses Whitley?—A. Yes, sir. 

Q. Are you qualified to vote in Big Lick Township?—A. Y^es, sir. 

Q. You were at the time of the election?—A. YVs, sir; I guess so. I wasn’t 
challenged. 


CAMPBELL, YS. DOUGHTON. 1331 

Q. Were you present at the polLng place on November 2, 1920—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. IMiy didn’t you vote?—A. Well, the opportunity didn’t present itself. I 
M’aited about three hours or more. 

(). What are your polifcs?—A. Itepublican. 

Q. For whom did you mean to vote for Congress?—A. Dr. Campbell. 

Cross-examination by ,1. R. Price: 

Q. Did you try to get in to vote?—A. No, sir; I didn’t scrouge in—that is, to 
try to press through the crowd. 

(}. (ireat many more Republicans than Democrats in the crowd?—A. I don’t 
know as I can say to that. A big crowd in the door, and I can’t say. 

Q. You don’t blame the Dc'inocrats because you couldn’t get in?—A. I don’t 
know that I do. 

Redirect examination: 

Q. You were in the crowd at the front door that was trying to get in, were 
you?—A. Y^es, sir. 

Mr. L. A. LITTLE, lieing duly sworn, testified as follows: 

By W. L. Campbell : 

Q. Your name is IMr. L. A. Little?—A. Yes, sir. 

Q. Did you register under that name?—A. L. A. or Lem A. 

Q. Are you a qualified voter of Big Lick Township?—A. I think so. 

Q. Do you know it?—A. I reckon I do. I’ve never been disfranchised. 

Q. Were you present at the polling place on November 2, 1920—A. Yes, sir. 

Q. P’or the purpose of voting?-—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. I couldn’t vote without going in like a hog— 
pushing in over somebody else. 

Q. What are your politics?—A. Republican. 

Q. For whom did you mean to vote for Congress?—A. Dr, J. I. Campbell. 

Cross-examination by J. R. Price : 

Q. Did you try to get hi?—A. I never went out and had them to tote me in on 
their arms, but I was there ready to go in. 

Q. You didn’t try to get through the crowd?—A. I didn’t try to rush over 
anybody. 

Q, Were there any ladies in the crowd?—A. Not any in the evening; they 
had the men to stand back and let the ladies vote tli:it morn’ng. Tlmt evening 
there wasn't any women there—just the men shoving and pushing, and the man 
that was strongest in h s ai*ms got closest to the door. 

(}. iMore Republicans than Democrats there?—A, About five Republicans to 
one Democrat, 

(F And you didn’t blame the Democrats because you couldn’t get in the 
door?—A. Not them on the outside like them on the inside. 

Q. You don’t blame them on the outside?—A. No, sir. 

Redirect examination : 

Q. Y'ou were in the crowd that was tryhig to get in—on the outside?—A. Yes, 
sir; I didn’t get in the main pushing crowd. 

Q. You say you blame the ones on the inside because you couldn’t get in?— 
A. Yes, sir. 

Q. Do you mean the officers of the election or the people trying to vote?— 
A. Looked like the men in there looking for the names couldn’t read their 
handwriting. 

Q. You mean the officers?—A. l’'es, sir. 

Recross-examination; 

Q. Were you in the house that day?—A. Yes, sir; I was. I went in the 
back door. 

Q. How long did you stay in tliere?—A. I stayed an hour and a half or more. 

(i. Were there any challenges going on while you were in th.ere?—A. Nobody, 
but I sort of think Mr. Charlie Miller—I think he was challenged. 

Q. That took up considerable time. And when there were not any challenges 
and there would come a man in they looked until they could find his name; that 
was right, wasn’t it?—A. Yes, sir; looked like they could liave looked them up 
qu’cker. 


1332 


CAMPBELL VS. DOUGHTON. 


Q. There was nearly ],000 names on the book, wasn’t there?—A. Yes, sir. 

Q. And looking over that many takes some little time?—A. Yes, sir; I reckon 
it would, but I could have found them if I had a wrote them, as sorry as I write, 

Mr. D. HUNEYCUTT, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. IMr. Huneycutt, under what name did you register?—A. T. D. or Thomas D, 
Q. Are you qualified to vote in Big L’ck Township?—A. Yes, sir. 

Q. Were you present on the day of election?—A. Yes, sir. 

Q. Did you vote?—A. No, sir; I paired with my partner; I didn’t vote. 

Q. You were present at the polls for the purpose of voting?—A. Yes,^ sir. 

Q. Why did you pair off?—A. There was such a rush I seen there wasn’t 
much chance of my getting to vote, and we just decided to pair and save that 
much trouble. 

Q. You stayed there all day?—A. Yes, sir. 

Q. What time did you get there that morning?—A. I was there at 6. 

Q. What time did you leave?—A. About 9 or 10. 

Q. At night?—A. Yes, sir. 

Q. What time did you pair with this Democrat as you say?—^A. Some time in 
the morning; we saw the rush was so great. 

Q. Did you try to get in?—A, No, sir. 

Q. You were there in the crowd, were you not?—A. Yes, sir. 

Q. They were trying to get in?—A. Yes, sir. 

Q. You went there for the purpose of voting?—A. Yes, sir. 

Mr. S, V. GILBERT, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Under what name did you register, Mr. Gilbert?—A. Silas Gilbert. 

Q. You are sure your name is on the registration book that way?—A. I 
think so; yes, sir. Either Silas G. or S. G. 

(}. Are you qualified to vote in B’g Lick Township?—A. Yes, sir. 

Q. Were you present November 2, 1920, at the polling place for the purpose 
of voting?—A. Yes, sir. 

Q, Did you vote?—A. No, sir. 

Q. State why you didn’t vote?—A. Well, there was such a rush and scroug- 
ing at the door so that I had no chance of getting in to vote. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Mr. Campbell. 
Cross-examination by J. R, Price : 

Q. Did you try to get in to vote for Mr. Campbell?—A. I didn’t push and 
acrouge. 

Redirect examination: 

Q. Your purpose in going to the polls was to vote, was it not?—A. Certainly. 
Q. And you didn’t try to get in, you say?—A. I didn’t push. I didn’t try to 
go before some one else—push over them. 

Q. Were you in the crowd?—A. I wasn’t in the pushing crowd. 

Mr. P. J. SMITH, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Under what name did you register?—A. Philas J. Smith or P. J., one; I 
don’t remember. 

Q. Are you qualified to vote in Big Lick Township?—A. Yes, sir. 

Q. AVere you at the polls on November 2, 1920, for the purpose of voting?— 
A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. I couldn’t git in—just crowded so I couldn't get 
in. ' 

Q. What are your politics?—A. Republican. 

Q. For whom did you mean to vote for Congress?—A. Dr. Campbell. 

Cross-examination by J. R. Price: 

Q. Did you try to get through the crowd?—A. No, sir. 


CAMPBEIJ^ VS. DOUGHTON. 


1333 


Redirect examination: 

Q. You were in the crowd that was trying to get in?—A. Yes, sir. 

Mr. \Y. M. BURRIS, being duly sworn, testified as follows: '' 

By W. L. Campuell : 

Q. Under what name were you registered, Mr. Burris?—A. Bill Burris— 
Wm. iNI. is the v/ay I generally sign it—there are two of the same name, and 
I don’t remember how my name is—whether it is W. M. or Wm. M.—we both 
sign our names Wm. M. and I don’t remember whether they made mine that 
way or not—I have always been voting—never failed until this time. 

Q. I want to know as nearly as possible the name under which you appear 
in the registration book.—A. I guess you will find it W. M. 

Q. They call you Bill?—A. Yes, sir. 

Q. Mr. Burris, are you a qualified voter of Big lack Township?—A. Yes, sir. 

Q. Were you present at the polls November 2, 1920?—A. Yes, sir. 

Q. For the purpose of voting?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. It was so crowded up I couldn’t possibly get to 
the polls. 

Q. What are your politics?—A. Republican. 

Q. For whom d d you mean to vote for Congress?—A. Dr, Campbell. 

Cross-examination by .1. R. Price : 

Q. Did you try to get through to vote?—A, No, sir; I didn’t try to push 
through. I went to the back door—they said they had let some in there and I 
went and presented myself, and they wouldn’t let me in and I stayed there for 
some time. 

Redirect examination: 

Q. Y'hat time did you get there in the morning?—A. I came early. 

Q. How long did you stay?—A. Until dark. 

Q. M’ere you in the building any during the day?—A. No, sir. 

Q. Could you see in there?—A. I could see when they opened the door and 
anyone went in. 

Q. About how long did it take for them to vote a man?—A. It was pretty 
slow, I thought. They went in mighty slow. Took them a pretty good while 
sometimes to vote them—it appeared like from the way they went in. I heard 
one man say he took his watch and timed them, and it was just 25 minutes. 

(Contestee objects to hearsay evidence.) 

Redirect examination : 

Q. You say you timed some one?—A. I didn’t, but some one else did. 

Q. You say you meant to vote for Dr. Campbell?—A. Yes, sir. 

IMr, SHUFORD COBLE, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. Under what name did you register?—A. Shuford or S. B., I don’t re¬ 
member. 

Q. Are you a qual’fied voter in Big Lick Township?—A. Yes, sir. 

Q. \'s>re you present November 2, 1920, at the polling place?—A. Yes, sir. 

Q. You went there for the purpose of voting?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why*didn’t you vote?—A. They was crowded so I couldn’t get in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you mean to vote for Congress?—A. Mr. Campbell. 


Mr. W. BEN BARBEE, being duly sworn, testified as follows: 

By AV. L. Campbell : 

Q. Your name is Mr. AAk Ben Barbee?—A. Yes, sir. _ • 

Q. Do you remember whether you registered under that name?—A. Yes, sir; 

I think I (lid. . xr 

Q. Mr. Barbee, are you a qualified voter of Big Lick Township?—A. Yes, sir. 
Q. Were you present at the polling place November 2, 1920?—A. Yes, sir. 

Q. For tlie purpose of voting?— A. Yes, sir . 

Q. Did you vote?—A, No, sir. 


1334 


CAMPBELL VS. DOUGHTON. 


Q. Why didn’t yon vote?'—A. I can’t tell yon. Never did get through so I 
could get in. 

Q. What are your poiitics?—A. Republican. 

Q. For whom did yon mean to vote for Congress?—A. Dr. Campbell. 

INIr. FRED F. FIARTSELL, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. Did you I'eglster under the name of Fred F. Hartseil?—A. Yes, sir. 

Q. Are you a qualified voter of Big Lick Township?—A. Yes, s'r. 

Q. Were you present on the day of election, November 2, 1920?—A. Yes, sir. 

Q. For the purpose of voting?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didnt’ you vote?—A. Because it was crowded so I couldn’t get in. 

Q. What is the nature of your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Dr. Campbell. 

INIr. ALVIN HARWOOD, being duly sworn, testified as follows : 

By W. L. Campbell : 

Q. Are you registered under the name of Alvin Harwood?—A. Yes, sir. 

Q. Are you a qualified voter of Big Lick?—A. Yes, sir. 

Q. AVere you present at the polling place November 2, 1920?—A. Yes, sir. 

0- For the purpose of voting?—A. Yes, sir. 

Q. Did you vote?—A. No, sY. 

Q. State why you didn’t vote?—A. Crowded so I couldn’t get in. 

(}. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. J. I. Campbell. 

Mr. C. A. TEETER, being duly sworn, testified as follows: 

By W. L. Campbell ; 

Q. Were you registered under the name of C. A. Teeter?—A. Yes, sir. 

Q. You are a qualified voter of Big Lick Township?—A. Yes, sir. 

Q. AVere you present at the polling place November 2, 1920?—A. Yes, sir. 

(>. For the purpose of voting. —A. Yes, sir. 

Q. Did you vote?—A. No. sir. 

Q. AAliy didn’t you vote?—A. Scrouged so I couldn’t get in. 

Q. AAdiat are your politics?—A. Republican. 

(}. I’or whom did you mean to vote for Congress?—A. Dr. Campbell. 

IMr. OBADTAH AVIHTLEY, being duly sworn, testified as follows : 

By \Y. li. Campbell : 

Q. AT)ur name is Mr. Obadiah AAdiitley?—A. That is what they call me by. 

Q. Mr. AA'hitley in what capacity did you serve at the election held Novem¬ 
ber 2, 1920?^—A. One of the .ludges of the election. 

Q. Mr. AVhitley you were present, of course, throughout the day?—A. Surely; 
about all day. 

(}. I will ask j-ou to state, for the benefit of the record, just what happened, 
of your own knowledge, on that day,—A. AATfil, I can’t just come out and tell 
all the little particulars. 

Q. Tell us how it was that this great number of men didn’t get to vote? 

(Objection by the contestee.) 

A. AA’ell, iirst and foremost, I don’t know just what you—just to what taken 
place at the election? 

Q. Yes; state what happened?—A. First and foremost, befoi-e the election, 
on Monday, vre consulted about where we could hold it, of course, and we 
prepared a place outside where some of them thought it would look most best 
and so we started out there and saw what it was going to do and it got rainy 
and we liad to go in the house and after we went in we ari*anged the best w'e 
could, of course. AVe had some doorkeepers at the front and at the back and 
we let them come in and voted them as fast as we could find names and get 
them voted—or at least as fast as we could we voted them—as fast as we could 
get the names and voted our ladies first in the forepart of the day, the old 
ladies and th.e old gentlemen. As the ladies came in, we voted them' from the 
back door as fast as the registrar could get them to us, at least find the 
names, we voted and sometimes got along pretty well and sometimes not so 


CAMPBELL VS. DOUGHTON. 


1335 


cause for it T don't know, and that is about all we henrd from 
bepfinninj? time to closinj^ time—in and throiisth and about there. 

Q. Mr. ^YhitleJ^ what seemed to be the main trouble—that he couldn’t find 
the mimes on the registration book?— 

(Ob.iection by the contestee.) 

A. I don’t know what the trouble was. He didn’t find them and whether he 
was incompetent or whether he didn’t try. he just didn’t find them or didn’t 
turn them over to us. 1 feel that we could have voted a good many more—but 
wliy he didn’t find them I don’t know whether he was competent or incom¬ 
petent. 

0. He wrote the names in the book himself didn’t he?—A. I judge so—he was 
registrar. 

(}. Do you know whether or not nny of the voters helped him to look up 
their name>s on the book?—A. There was som,e I thiidv, possibly did speak across 
and say ‘ There is my name,’ before he noticed it. I don’t know as I could 
name any special one but some did and we asked him in the forepart of the 
<lay if he would like to have somebody—we wanted to place somebody to help 
him to vote them so we could get through, and he thought maybe it would 
bother h.im to have them and he wouldn’t accept help. 

Q. The names were put in the book in alphabetical order were they not?— 
A. I suppose they were; I never examined the book very closely. I taken it 
for granted he knowed how to place them. 

Q. You mean to say some of the voters looked over his shoulder and find 
their names bebme he did?—A. Yes; and would say, “There is my name,’’ be¬ 
fore he discovered it. 

Q. How far was he from where the voters would stand?—A. As well as I 
remember ..not very far. 

Q. About liow many feet?—A. Three or four feet—just a space betwixt him 
ami the voters—he stood on one side and the voters come in the door and went 
on this side to the box. 

Q. Tluw could look over and read their own names faster than he could?— 
A. That might have been just a happen-.son in a few cases. 

Q. You do know of your knowledge that he took a great deal of time in look¬ 
ing up names do you not?—A. Sure he did—but I don’t know whether he was 
incompetent or how it was—-he was a right smart time finding a good many 
names and had three or four challenges that day—maybe half a dozen, though 
we tried to get that behind the day before the election. 

Q. You say you noticed the slowness of the voting and offered to get the 
registrar a clerk to help him?—A. That was in the forepart of the day I just 
asked if be would like to have somebody to help and he said he thought it 
would bother him. 

Q. So he refused an offer of help?—A. ?Ie said he thought it would bother 
him. 

Q. Do you know anything about the crowd that was sent from here to Albe¬ 
marle to try to see if they couldn’t help things along and arrange some way to 
vote these people?—A. There was something said about it. That was one of 
the reasons my brother sent for me and asked a little advice—that was why I 
had my brother called in, I mean—T wanted to talk to him. 

Q. And he advised you about that?—A. I was only just wanting to know 
whether we could arrange to vote them or not. I was wanting advice that we 
might manage them in a better way. 

Q. And then what did you do after he came in?—A. I talked with him—just 
a few words. 

Q. AVhat was decided upon?—A. Decided we couldn’t do anything hut just 
go on the best way we could. 

Q. What do you know about this crowd that went to Albemarle?—A. I don’t 
know a great sight about it. I was in there all day and some one came to me 
and sa’d it looked like we won’t going to vote everybody and some one had gone 
to town—it was aliout making some arrangements. 

^Objection by the contestee to hearsay evidence.) 

O. Did you liear the voters complaining any as to the length of time the 
registrar was taking?—A. Oh, they seemed to be a good deal, of course, all day, 
but then it was a big crowd and the ladies, and they complained a good deal 
because they didn’t get along any faster. 

Cross-examination by .T. R. Price: 

0. IMr. Whitley, Mr. Lfird was the registrar?—A. Yes, sir. 

Q. You have known him all your life?—A. A good while. 


1336 


CAMPBELL VS. DOUGHTOls^. 


Q. He is a man of good character?—A. So far as I know. 

Q. And you don’t mean to say that he willfully impeded the progress of the 
election?—A. That is unknown to me, but it looked like we might have got along 
a little faster, but whether he was fair or uncompetent or what—this is un¬ 
known to me. 

Q. You don’t pretend to charge him with willfully delaying the election?—A. 
I felt like we could have voted a good many more than we did vote if we could 
have got the names. 

Q. Do you know how many names are on that book?—A. I don’t know—be¬ 
tween 1,000 and 1,100—I don’t remember. 

Q. And there are some large families out there—say, with the names begin¬ 
ning with W or H, that cover two or three pages in that book, ain’t there?—A. 
We’ve got some large families—I don’t know whether they cover two or three 
pages or not. 

Q. You have got Honeycutt?—A. Y'es, sir; Honeycutts enough to cover a 
whole book. 

Q. And if a man had written the names on the book himself it would take 
right smart little time to turn over and iind the particular name?—A. Of course, 
they couldn’t find the names as quick in different books. 

Q. And you had some challenges that day?—A. l"es, sir. 

Q. And it took some little time for that?—A. We didn’t take much time with 
the challenges. 

Q. It took some little time?—A. Oh, sure. 

Q. And then, Mr. Whitley, some of the people had the registrar to write names 
that they never did find on the book, didn’t they?—A. I don’t remember about 
whether there was any names looked for they didn’t find—I remember we had to 
make a couple of transfers from the old book to the new, but whether there were 
names they didn’t find I don’t remember. 

Q. You found some names on the old registration book that you had to transfer 
to the new book?—A. Yes, sir; they transferred a couple of names to the new 
book that was on the old book, but hadn’t been carried over. 

Q. So when you come to name that wasn’t in the new book and then you had 
to take the old book and look all through it, it took some little time to find it 
and turn back and put it on the new book—that took some little time?—A. Of 
course, it taken up time for all that. 

Q. Now, this is the first election we have ever had in which the ladies ever 
voted?—A. I suppose so. 

Q. And you had the ladies with you that day?—A. Certainly did. 

Q. And, of course, it was all a new thing to them?—A. Yes, su*. 

Q. And when you take into consideration the fact that they voted at the rate 
of one a minute—did you vote as much as one a minute throughout the day?— 
A. I reckon we did, according to the number we voted. We didn’t on an average— 
sometimes we overwent it by a good many. 

Q. How many votes do you think were cast there that day in the ballot boxes?— 
A. I don’t remember. 

Q. About one a minute on an average throughout the day?—A. Maybe it 
would average something like that. 

Q. In view of the fact that you had these challenges, and in view of the 
fact that they had to look for names and have them transferred from the old 
book to the new, and in view of the fact that the ladies were out to vote, and 
you made your ruling about letting them come in the back door, or a rule about 
letting them vote first, in view of all that, dont’ you think a vote of one per 
minute was pretty fair work?—A. I don’t know; sometimes I voted a good 
many more tlian that and sometimes not that many. 

Q. Everything that was done there that day Mr. Whitley—jmu were one of 
the poll holders?—A. Sure. 

Q. So far as you know and can say, would you consider that a fair elec¬ 
tion?—A. I guess I would say the most was perfectly fair, open, and above¬ 
board, so far as I know. 

Q. Everybody there was treated fairly, equally, and alike?—A. So far as 
I know. 

Q. You were there and saw to it?—A. I said in so far as I know, except 
finding the names and except these challenges—I didn’t think they ought to 
come up. 

Q. you know the law permits challenges to be heard on election day?— 

A. Sure. 


CAMPBELiL VS. DOUGHTON. 1337 

Q. And any challenge that was brought up on that day had a right to be 
heard on election day—when it was made?—^A. Yes, sir. 

Q. And that was beyond the control of Mr. Efird?—A. Yes, sir . 

Q. You had to carry out the law?—A. Yes, sir; we had to submit it. 

Q. And then you first began voting on the outside?—A. Yes, sir. 

Q. And then it took some little time to move in when the rain came up?— 
A. Oh, we weren’t long. We was riglit beside the building and we just moved 
right in. It didn’t take long. 

Q. But it was that much time. Did you make any complaint to the registrar 
that day during the progress of the election that he wasn’t doing his duty?— 
A. No; I don’t know that I told him. 

Q. Did you make any effort to help him look for the names?—A. I looked 
across some, and him being the better scholar, I thought possibly a man that 
wrote the book in his own handwriting that he could find the names quicker 
than somebody that didn’t write them. 

Q. A man that writes them with his own hand and have somebody to be 
looking over his shoulder, and so on, it would be calculated to bother him—he 
might be looking right at his own handwriting?—A. I don’t know .about that. 

Q. If he couldn’t find his own—in his own handwriting I mean—if he couldn’t 
find them, it would be harder for somebody else to find them?—A. It looks like 
it might be. 

Redirect examination: 

Q. Mr. Whitley, you say you think the election was carried out fairly and 
squarely?—A. So far as I could see, unless it was something hidden. I have 
heard since the election- 

(Objection by the contestee.) 

Q. Mr. Whitley, how could you think it was carried out fairly and squarely 
when there was something like 146 good Republicans who didn’t get to vote? 

(Objection by the contestee.) 

A. In a sense I thought it was fair, with this condition, that they didn’t find 
names; and I don’t know whether he was incompetent or didn’t try was 
why we didn’t get the names, and I don’t know whether it was done on purpose 
or not. 

Q. I ask you if it isn’t commonly known throughout this precinct that in 
some of the large Democratic precincts there were as many as 9(X) voted? 

(Objection by the contestee.) 

A. I have heard it talked around that that was so. 

Q. And they were laboring under the same conditions that you people were— 
the first time tlie women voted—and you had quite a few more names than 
you ever had before? 

(Objection by the contestee.) 

A. I suppose so. 

Q. It is commonly known throughout your community?—A. I think so. 

Q. Have you heard anything of any complaint being brought in any other 
precinct throughout the county in regard to the dilatory tactics or taking up 
by time other than in the two biggest Republican precincts? 

(Objection by the contestee.) 

Q. Have you heard of any complaint being brought in any of the precincts 
in tile county except these two largest Republican precincts, Furr and Big 
Lick?—A. I don’t know as I have special; I don’t know. 

Q. So you say that these two biggest Republican precincts in the county, 
Furr and Big Idck, are the only ones in which you have heard complaint as 
to taking up so much time in voting? 

(Objection by contestee.) 

A. So far as I know, they are the only ones. I don’t remember of hearing of 
any other one as I can recall. 

Q. You have heard that as many as eight or nine hundred voted in other pre¬ 
cincts, haven’t you?—A. Yes, sir. 

(Objection by the contestee.) 

Recross-examination: 

Q. Mr. Whitley, there were some Democrats that didn’t get to vote?—A. I 
suppose so. 

liedirect examination: 

Q. Did you vote?—A. I did. Yes, sir. 



J338 


CAMPBELL VS. DOUGHTON. 


Mr. I. J. POPLIN, be'ng duly sworn, testified as follows: 

By W. L. CAMPHErx: 

Q. Your name is Mr. I. .T, I’oplin?—A. Yes, sir. 

Did you register under that name?—A. Yes, sir. 

Q. Are you qualified to vote in B g IJck Township?—A. Yes, sir. 

Q. Were you present at the poll'iig place on November 2, 1920?—A. Yes, sir. 

Q. Did you vote?—-A. No, sir. 

Q. Why didn’t you vote?—A. I just couldn’t get in—couldn’t get to vote. 

Q. What are your politics?—A. Bepublican. 

Q. For whom did you mean to vote for Congress?—A. Dr, Campbell. 
Cross-exam'nation by J. II. Price: 

Q, Did you try to get in?—A. I was around here, but I didn’t tfj’ to push in; 
I had a sore hand. 

Redirect examination: 

Q. You say you were in the crowd that was trying to get in?—A. Y’'es, sir. 

Q. You were here for the imrpose of getdng in?—A. Y^’es, sir. 

Mr. C, J. TUCKER, being duly sworn, tesffied as follows: 

P>y L. Campbell : 

Q. Yhmr name is Mr. C. J. Tucker?—A. Yes, sir. 

Q. Does your name appear that way on the registration book?—A. Yes, sir. 

Q. Y’^ou are qualified to vote in Big Lick Townsh p?—A. Y"es, sir. 

Q. AVere you present November 2, 1920, for the purpose of voting?—A, Yes, sir. 
Q. Did 5’ou vote?—A. No, sir. 

Q. AVhy didn’t you vote?—A. They were just scrouged up so there I just 
couldn’t get in. I was waiting back some on my wife—I had to tend to the baby, 
and I had to carry her liack hoiiie, and I was gone some of the time, but I was 
here for the purpose of voting. 

Q. What are your ]iolitics?—A. Republican. 

(}. For whom did you mean to vote for Congress?—A. Ylr. Campbell. 
Cross-examination by J. R. Price: 

Q. Did you. try to get ’in to vote?—A. l’'es, sir; I stood thei’e in the door. 

Q. Did you try to push through the crowd?—A. No, sir. 

Redirect examination : 

Q. You were there for the pur])Ose of voting?—A. Y'es, sir. 

Q. You were in the crowd that was trying to get in?—A. Y^es, sir. 

iMr. A. FINLEY’’ HINSON, being duly sworn, testified as follows: 

By AV. I^. C’-AMPBELL : 

Q. How does your name appear on the registration book?—A. A, F. or A. 
Finley. 

Q. Yam are qualified to vote in Big Lick Township?—A. Y^es, s’r. 

Q. AA’ere you present at the polling place on November 2, 1920, for the purpose 
of voting?—A. A>s, sir. 

Q. Did you vote?—A. No, sir. 

Q. AA’hy d'dn’t you, vote?—A. Never did get any chance. 

Q. AATiat are your polit'cs?—A. Repubrcan. 

Q. For whom did you mean to vote for Congress?—A. Dr. ,1. I. Campbell. 

Cross-examination by J. R. Price: 

Q. Did you ti'y to get tiirough the crowd to vote?—A. No, sir. 

Redirect examination : 

Q. Y’ou were there for the ]mrpose of voting?—A. Y^es, sir. 

Q. Y"ou were in the crowd that was ti’ying to get in?—A. I was there; yes, sir. 
Q. You didn’t try to force yourself through?—A. No, sir. 

Q. You were thei’e for the purpose of voting—of getting in?—A. Yes, sir. 

Recross-examination : 

Q. Do you mean to tell the coui’t that you were there in the crowd trying to 
go in there?—A. No, sir; I didn’t say that. I said I was present there. 

Q. You didn’t try to get in to vote? 


CAMPBELL VS. DOUCHTON. 


1339 


Redirect examination: 

Q. Yon said yon were in the crowd?—A. Yes, sir. 

Recross-examination: 

Q. But yon didn’t try to get in?—A. I was waiting for a chance. 

Redirect examination: 

Q. Yon were just not forcing your way in?—A. No; I wasn’t forcing. 

Mr. A. F. HINSON, being duly !?wom, testified as follows : 

By W. L. Cawbelt. : 

F ^r^A^^F^ ^ register?—A. I don’t know whether it was Allen 

Q. Yon are qualified to vote in Big Lick Township, are you?—A Y’’es sir* 
I -am. ’ ’ ’ 

Q. Were you present at the polling place November 2, 1920?—A. I was 
Q. For the purpose of voting?—A. Yes, sir. 

Q. Did you Vote?—A. I did not. 

Q. Why didn’t yon vote?—A. I hardly know the cause; they wouldn’t let me 
in, or there was a better man in front of the door than I was. 

Q. What are your politics?—A. Republican. 

Q. For whom did yon mean to vote for Congress?—A. Dr. J. I. Campbell. 

Mr. E. A. BOONE, being duly sworn, testified as follows: 

By W. D. Campbeijt. : 

Q. Under what name did yon register?—A. E. A., I guess. 

Q. Are you qualified to vote in Big Lick?—A. Yes, sir. 

Q. Were you present on November 2, 1920, for the purpose of voting?—A. Yes, 
sir; I was. 

Q. Did you vote?—A. I did not. 

Q. Why didn’t you vote?-—A. I didn’t feel like I was able to be climbed over 
and mash 'Other people to get in. 

Q. What are your politics?—A. ReTtublican. 

Q. For whom did you mean to vote for Congress?—A. IMr. Campbell. 

Mr. C. C. MORGAN, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. Under what nainetlid you register, Mr. Morgan ?—A. C. C. 

Q. Are you qualified to Ante in Big Lick Townsh’p?—A. Yes, sir. 

Q. Were you present at the polling place on November 2,‘ 1920, for the pur¬ 
pose of voting?—A. Y^es. s’r. 

O. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. I .just couldn’t git in. I was there all day. 

Q. What are your politics?—A. Republican. 

Q. For whom did you mean to vote for Congress?—A. Mr. Campbell. 

Cross-examination by .T. R. Pbice : 

0. Did you try to get in?—A. Y'es. sw;'Several times. 

Q. Y^ou didn’t blame the Democrats because you couldn’t get in?—A. No, sir. 

Mr. W. P. STOKER, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. How does vour name appear on the registration book, Mr. Stoker?—A. 
W. P., I think. 

Q. Are you qualified to vote in Big Lick Township?—A. Yes, sir. 

Q. Were you present at the polls November 2, 1920, for the purpose of vot¬ 
ing?—A. Y^es, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. .lust couldn’t get in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you mean to vote for Congress?—A. Dr. Campbell. 


1340 


CAMPBELL VS. DOUGHTOX. 


Mr. E. E. BURRIS, being duly sworn, testified as follows: 

By W, L. Campbell : 

Q. How does your name appear on the registration book, Mr. Burris?—A. 
E. E. Burris. 

Q. Are you qualified to vote in Big Lick Township?—A. Yes, sir. 

Q. Were you present at the polls on November 2, 1920?—A. Yes, sir. 

Q. For the purpose of voting?—A. Yes, sir. 

Q. Did you vote?—^A. No, sir. 

Q. Why didn’t you vote?—A. I couldn’t get in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you mean to vote for Congress?—A, Dr. Campbell. 

Mr. W. A. EDWARDS, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Mr. Edwards, how does your name appear on the registration book?—A. 
W. A., I reckon. It may bo William A. 

Q. Are you qualified to vote in Big Lick Township?—A. Yes, sir. 

Q. Were you present on the day of election at the polls?—A. Yes, sir. 

Q. For the purpose of voting?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why?—A. I was too little to do any scrouging trying to get in the door; I 
stayed out there all the evening trying to vote, and I paired with a Democrat 
right at night. 

Q. What are your politics?—A. Republican, 

Q. For whom did you mean to vote for Congress?—A, Dr. Campbell. 
Cross-examination by J. R. Price : 

Q. You say you paired with a Democrat right fit night and agreed you 
wouldn’t vote if he wouldn’t?—A. Yes, sir. 

Redirect examination: 

Q. What time was that?—A. That was right down at night. 

Q. Had you come to the conclusion that you were not going to get to vote?— 
A. Yes, sir; I seed I wasn’t going to get to vote. 

Recross-examination; 

Q. The Democrat saw he wasn’t going to get the chance to vote, too?—A. I 
guess so. 

Mr. J. PHILAS HINSON, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. How does your name appear on the registration book, Mr. Hinson?—A. 
J. Phil as. 

Q, Are you qualified to vote in Big Lick Township?—A. Yes, sir. 

Q. Were you present at the polling place for the purpose of voting on Novem¬ 
ber 2, 1920?—A. Yes, sir. 

Q. Did you vote?—A. No, sir, 

Q. Why didn’t you vote?—A. The press of the people was so I couldn’t get in. 
Q, What are your politics?—A. Republican. 

Q, For whom did you mean to vote for Congress?—A. Campbell. 

Mr. R. Z. BOWERS, behig duly sworn, testified as follows: 

By W. L. Campbell : 

Q. Mr. Bowers, under what name were you registered?—A. R. Z. or Riley. 

Q. Are you qualified to vote in Big Lick?—A. Yes, sir. 

Q. Were you present at the polls on November 2, 1920, for the purpose of 
voting?—A. I was. 

Q. Did you vote?—A. No, sir. 

Q. Why?—A. Such a crowd in there I couldn’t get in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Dr. Campbell. 


CAMPBELL VS. DOUGHTON. 


1341 


Mr. THOIMAS M. HATLEY, being duly sworn, testified as follows; 

By W. L. CxVMrBELL. 

Q. How does your name appear on the registration book, Mr. Hatley?—A. 
Thomas M., I guess. 

Q. Are you a qualified voter in Big Lick tbwnship?—A. Yes, sir. 

Q. Were you present at the polls on November 2, 1920?—A. Yes, sir. 

Q. For the purpose of voting?—A. Yes, sir. 

Q. D el y(m vote?—A. No ,sir. 

Q. Why didn’t you vote?—A. Couldn’t get in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you mean to vote for Congress?—A. J. I. Campbell. 

JNIr. J. W. HATHCOCK, being duly sworn, testified as follows: 

By AV. L. Campbell: 

Q. How does your name appear on the registrafon book?—A. It may be 
Julius AV. It is either J. AV. or Julius AA\ 

Q. You are a quaLfied voter of Big Lick township?—A. Yes, sir. 

Q. AA’ere you present at the polling place on November 2, 1920, for the purpose 
of \oting?—A. Y'es, sir. 

Q. Did .you vote?—A. No, sir. 

Q. AATiy didn’t you vote?—A. I just didn’t get the chance. 

Q. AA’hat are your politics?—A. Republican. 

Q. For whom did you mean to vote for Congress?—A. Dr. Campbell. 

Mr. J. TYLER HUNEYCUTT, being duly sworn, testified as follows: 

By Mr. AV. L. Campbell: 

Q. IMr. Huneycutt how does your name appear on the registration book?— 
A. J. Tyler. 

Q. Are you qualified to vote in Big Lick township?—A. AA^ell that is what 
I want to find out. I stood challenged the day of the election. 

Q. AA’ere you registered?—A. Yes, sir. 

Q. Had you paid your poll tax?—A. Yes, sir. 

Q. AATiat were you challenged for?—A. For not being in the State two years. 
Q. Have you been in the State two years?—A. I have if they count the United 
States service at home. 

Q. Are you married?—A. No, sir. 

Q. You didn’t get to vote?—A. No, sir. 

(). AA’hat are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Dr. Campbell. 

IMr. D. P. HINSON, being duly sworn, testified as follows: 

By AA^ L. Campbell: 

Q. How does your name appear on the registration book, Mr. Hinson?—A. D. 
Pierson or D. P., I suppose. 

Q. Are you qualified to vote in Big Lick township?—A. Yes, sir. 

Q. AA’ere you present at the polling place on November 2, 1920?—A. Yes, sir. 
Q. For the purpose of voting?—A. ITs, sir. 

Q. D’d you vote?—A. No, sir. 

Q. AA’hy didn’t you vote?—A. I just couldn’t get in. 

Q. AA’hat are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Mr. Campbell. 

IMr. J. H. MORGAN, being duly sworn, testified as follows: 

By AV. L. Campbell : 

Q. AA’hat are your inifals?—A. J. H. 

Q. Are you registered under that name?—A. I think so; I am not sure. 

Q. AVhat is your full name?—A. Joseph Henry. 

Q. A’ou are a resident of Furr Township?—A. Yes, sir. 

Q. Ai-e you qualified to vote in Furr Township?—A. Yes, sir. 

(}. AA’ere you registeretl?—A. Yes, sir. 

Q. Did y()u attend the polling place on November 2, 1920, for the purpose of 
voting?—A. I did. 


1342 


CAMPBEU:^ VS. DOUGHTON 


Q. Did you vote?—^A. I did not. 

Q. Why didn’t you vote?—A, Well, I didn’t want to stand the press of the 
crowd to go through. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Campbell. 

Cross-examination by J. R. Price: 

Q. Did you try to go through the crowd?—A. I think I made one little start 
to push through and pushed some and it got tight and I stepped back. 

Q. Tliere were more Republicans than Democrats there?—A. I can’t say. I 
wasn’t acquainted much with Furr Township. 

Q. That was the only effort you made to go through?—A. Yes, sir; only made 
one and it got tight. 

Redirect examination: 

Q. You were at the polling place for the purpose of voting?—A. Yes, sir. 

Q. You were in the crowd that was trying to vote?—A. Yes, sir; I stayed 
around there three or four hours. 

Q. Waiting for an opportunity to vote?—A. Yes, sir. 

Mr. J. F. BURRIS, being duly sworn, testified as follows: 

By Mr. W. L. Campbell: 

Q. How does your name appear on the registration book?—A. ,T. Fred, I 
think, or J. F. 

Q, You are” a qualified voter of Big Lick Township?—A. Yes, sir; I guess so. 

Q. Were you at the polls on November 2, 1920, for the purpose of voting?— 

A. Yes, sir; I was in the afternoon. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. It seemed to me I couldn’t press through and 
I didn’t undertake to only right at night, and I pressed in and just as I got in 
they declared the polls closed and I couldn’t vote then. 

Q. What are your politics?—A. Republican. 

Q. For whom did you mean to vote for Congress?—A. Dr. Campbell. 

Mr. B. LINDSEY WHITLEY, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. How does your name appear on the registration book, Mr. Whitley?—A. 

B. Lindsey, I think. 

Q. Are you qualified to vote in Big Lick Township?—A. Yes, sir. 

Q. Were you present on the day of the election November 2, 1920, for the pur¬ 
pose of voting?—A. The afternoon I was. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. There seemed to be a large crowd in front of 
the building all the time, and I would walk off and I would go back and the 
crowd was the same. 

Q. What are your politics?—A. Republican. 

Q. For whom did you mean to vote for Congress?—A. J. I. Campbell. 

Mr. W. C. CLARK, being duly sworn, testifieil as follows: 

By AV. Jj. Campbell : 

Q. How does your name appear on the registration book?—A. AValter C. 
Clark. 

Q. Were you present at the polls on November 2, 1920, for the purpose of 
voting?—A. Yes, sir. 

Q. Are you qualified to vote in Big Lick Township?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Couldn’t get in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you mean to vote for Congress?—A. Dr. Campbell. 

Mr. W. D RUSSELL, being duly sworn, testified as follows: 

By W L. Campbell: 

Q. How does your name appear on the registration book?—A. William D., 

I think it is. 

Q. What is your full name?—A. AVilliam Daniel. 


CAMPBELL VS. DOUGHTON. 


1343 


Q. Mr. Ixiissell, are you qualilied to vote in F>ig Lick?—A. Yes, sir. 

Q. ere you present on November 2, 1920, for the purpose of voting?—A 
Yes, sir. . , ' * 

- Q- Did you vote?—A. No, sir, 

Q. Why didn’t you vote?—A. I couldn’t get inside. 

Q. For whom did you mean to vote for Congress?—Dr. Campbell. 

Mr. J. A. DUNN, being duly sworn, testified as follows: 

By W. L. CampbelIv: 

Q. Plow does your name appear on the registration book, Mr. Dunn?—A. Why, 

I believe it is J. Allen. 

Q. ^^'hat is your full name?—A. Joseph Allen. 

Q. What are your i)olitics?—A. Republican. 

Q. Are you qualified to vote in this township ?—A. I. guess so; I’ve been 
voting. 

Q. Were you at the polls on the day of the late election?—A. Before sunup and 
left at 11 that night. 

Q. Did you vote?— A. No, sir. 

Q. P'or whom d.d you mean to vote for Congress?—A. Dr. Campbell. 

Mr. J. H. BROOKS, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. How does your name appear on the registration book?—A. James H., I 
think. 

Q. Are you qualified to vote in Big Lick Township?—A. Yes, sir. 

Q. Were you present on the day of election?—A. Y’'es, sir.r 
Q. For the purpose of votmg?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Couldn’t get in—like the rest. 

Q. What are your politics?—A. Republican. 

Q. P’or whom did you mean to vote for Congress?—A. Campbell. 

Cross-examination by J. R. Pbice : 

Q. You try to get in?—A. I didn’t try to outpush any of them. 

Redirect examination: 

Q. You were there in the crowd that was trying to get in?—A. Sure. 

Mr. J. A. HOPKINS, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Your name is Mr. J. A. Hopkins?—A. Yes, sir. 

Q. How does it appear on the registration book?—A. I think it api>ears that 
way. Either that way or John A. Hopkins. 

Q. Are you qualified to vote in Big Lick Township?—A. Yes, sir; I think so. 

Q. Were you present at the polling place on November 2, 1920?—A. Yes, sir. 

Q. P’or the purpose of voting?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

(L Why didn’t you?—A. Well, I could’t get in—big crowd there and I couldn’t 
get in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you mean to vote for Congress?—A. J. I. Campbell. 

Mr. W. S. LEDBETTER, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q, How does your name appear on the registration book?—A. Well, sir, I don’t 
know whether it is W. Scholar or \V. S. 

Q. You are a qualified voter in Big Lick?—A-. Y"es, sir. 

Q. Were you present on the da.v of election?—A. Yes, sir. 

Q. At the iMdling place?—A. Yes, sir. 

Q. For tlie purpose of voting?—A. Y'es, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Because I couldn’t get in. 

Q. What are your politics?—A. Republican. 

Q. P''or whom did you intend to vote for Congress? A. J. I. Campbell. 


57695—21-86 



1344 


CAMPBELL VS. DOUGHTON. 


, Mr. LONNIE AUSTIN, being duly sworn, testified as follows: 

•'!' By W. L. Campbell : -- , 

Q, How does your name appear on tbe registration book?—A. Lonnie P. 
Austin. 

Q. Are you a qualified Amter in Big Lick Township?—A. Yes, sir., 

Q. Were you at tbe polling place NoA'ember 2, 1920?—A. Yes, sir. 

(}. For the purpose of voting?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

(L Why didn’t you vote?—A. I scrouged through the crowd and got to the 
door and they closed the polls—that is the reason I didn’t get to vote. 

Q. What are your politics?—A., Republican. 

(L For whom did you intend to vote for Congress?—A. Campbell. 

Mr. AVIS A. BURRIS, being duly sworn, testified as follows: 

By W. L. Campbell : j.y 

Q. How does your name appear on the registration book?—A. I think 
Avis A. 

Q. Are you a qualified voter in this township?—A. I registered and voted 
before. 

Q. Were you present at the polls on November 2, 1920, for the purpose of 
voting?—A. Yes, sir; I was. 

Q. Did you vote?—A. No, sir; I did not. 

(}. Why didn’t you vote?—A. They scrouged up so; I went as close as I 
could to the door to go in to vote, but I couldn’t get in. 

What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. J. I. Campbell. 

Mr. PHIL AS C. AUSTIN, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. How does your name appear on the registration book?—A. Philas C. 
Austin, I suppose. 

Q. What is your middle name?—A. Clifton. 

Q. Are you a qualified voter of Big Lick Township?—A. I suppose so. 

Q. Were you at the polls November 2, 1920?—A. Y'es, sir. 

Q. For the purpose of voting?—A. l^es, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you?—A. Couldn’t get through. 

D. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Dr. Campbell. 

Mr. J. B. LEDBETTER, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. Mr. Ledbetter, how does your name appear on the registration books?—A. 
.1. B. or John B. 

(}. Are you a qualified voter in Big Lick Township?—A. Yes, sir. 

Q. Were you at the polls on November 2, 1920, for the purpose of voting?— 
A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you?—A. Well, it was crowded so I didn’t see any chance. 

Q. M'hat are your politics?—A. Republican. 

Q. For whom did you mean to vote for Congress?—A. Campbell. 
Cross-examination by J. R. Price: 

Q. Did you try to get in?—A. Yes, sir; I pushed a little a time or two, and 
they pushed and scrouged so I quit and stood around. 

Q. You didn’t blame the Democrats for not getting in?—A. No; I didn’t 
blame the Democrats for it. 

Mr. SEBASTIAN HARTSELL, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Mr. Hartsell, how does your name appear on the registration book?—A. 
Sebastian H, 

(}. Are you a qualified voter in Big Lick—A. Y^es, sir. 


CAMPBELL. VS. DOUGHTON. 1345 

Q. Were you at the polls on November 2, 1920, for the purpose of voting?— 
A. Yes, sir. • 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Crowded so I couldn’t get in. > ■ 

Q. V hat are your politics?—A. Republican. 

Q. For whom did you intend to vote tor Congress?—A. Campbell. 

Cross-examination by J. R. Price: 

Q. How old are you?—A. Twenty-nine years old. 

Mr. G. P. BURRIS, being duly sworn, testified as follows: 

By W. L. Campbell : 

• Q. How does your name appear on the registration book, Mr. Burris?—A. 
G. P. or George. 

Q. Are you a qualified voter in Big Lick Township?—A. Yes, sir. 

Q. Were you at the polls on November 2, 1920, for the purpose of voting?— 
A. Yes, sir. ,,, 

Q. Did you vote?—A. No, sir. 

Q. \\’hy didn’t you v.oteV—A. I aimed to, if I could, but I never got in ; such a 
crowd ahead of me. 

Q. What are you politics?—A. Republican. 

Q. For whom did you mean to vote for Congress?—A. J. I. Campbell. 

Mr. C. M. MORGAN, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. How does your name appear on the registration book?—A. Cranford M. 
Morgan. 

Q. Are you a qualified voter in Big Lick Township?—A. Yes, sir. 

Q. Were you present at the polls November 2, 1920, for the purpose of 
voting?—A. Yes, sir. 

Q. Did you vote?—^A. No, sir. 

Q. Why didn’t you vote?—A. Crowded so. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. J. I. Campbell. 

Mr. ALMA A. SMITH, being duly sworn, testified as follows: . 

By W. L. Campbell: ' 

Q. How does your name appear on the registration book?—A. Alma A. 
Smith. 

Q. Are you a qualified voter in Big Lick?—A. Yes, sir. 

Q. Were you at the polling place November 2, 1920?—A. Yes, sir. 

Q. For the purpose of voting?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. I didn’t see any chance to get in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Dr. Campbell. 

Mr. ARTHUR HATLEY, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. How does your name appear on the registration book?—A. Arthur Hatley. 
Q. Are you a qualified voter in Big Lick Township?—A. Yes, sir. 

Q. Were you at the polls on election day?—A. Yes, sir. 

Q. AVith the intention of voting?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Why didn’t you vote?—A. I just couldn’t git in—like the rest of ’em. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Mr. Campbell. 

Mr. JOHN F. AVHITLEY, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. How does your name appear on the registration book?—A. John F. ; 

Q. What is the F. for?—A, Franklin. 

Q. Are you a qualified voter of Big Lick Township?—A. Y"es, sir. 


1346 


CAMPBELI. VS. DOUGHTON. 


Q. Were you present at tlie polls on November 2, 1920, for the purpose of 
voting?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you?—A. The press of the people—I couldn’t git in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Dr. Campbell. 

Mr. TITUS COBLE, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. How does your name appear on the registration book?—A. Just Titus 
Coble, I reckon. 

Q. Are you a qualified voter in Big Lick?—A. Yes, sir. 

Q. Did you attend the polling place on November 2, 1920, for the purpose of 
voting?—A. Yes, sir. ' < 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t y ou vote?—A. Couldn’t get to the polls. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A, Dr. Campbell. 

i 

Mr. TRAVIS TUCKER, being duly .sworn, testified as follows: 

By W. L. Campbell: 

Q. How does your name appear on the registration book, Mr. Tucker?—A. 
William Travis, I suppose. ,t * 

Q. What is your full name?—A. William Travis. 

Q. Are you a qualified voter in Big Lick?—A. Yes, sir. 

Q. Were you at the polls on November 2. 1920?—A. Yes, sir. 

Q. For the purpose of voting?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. ' 

Q. Why didn’t you?—A. I couldn’t get in to vote. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Campbell. 

, . •' til ' 

Mr. AVILL C. SMITH, being duly sworn, testified as follows: 

By AV. L. Campbell : ' < - i . , 

Q. AA’hat is your full name, Mr. Smith?—A. William Crawford. 

Q. Do vou know under what name you are registered?—A. No, I don’t. AA'ill 
C. or AV. C. 

Q. Are you a qualified voter in Big Lick?—A. Yes, sir. 

Q. AA’ere you present at the polls on November 2, 192;0?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. AA'hy didn’t you vote?—A. Just scrouged .so I didn’t see any chance of 
getting in. - . - . 

Q. AAdiat are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Campbell. 

• • i I ' 

Mr. G. C. LEDBETTER, being duly sworn, testified as follows: 

By AA\ L. Campbell : 

Q. AAliat is your full name?—Gilliam Clyde. 

Q. Do you know what name you are registered under, Mr. Ledbetter?—A. 
G. C. is the way. I suppose. > i 

■Q. You were present at the polls on November 2, 1920?—A. Yes, sir. 

Q. For the purpo.se of voting?— tA. Yes, sir. 

Q. Are you a qualified voter in this precinct?—A. I am. 

Q. AA^iat are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Mr. Campbell. 

Q. AA’hy didn’t you vote?—A. I couldn’t get in; they crowded the door so I 
couldn’t get in. , t 

Mr. M. L. JAMES, being duly sworn, testified as follows: 

By AA’. L. Campbell : 

Q. Do you know under what name you are registered, Mr. James?—A. M. L. 
or Martin L. 

Q. AAJiat is your full name?—A. Martin Lafayette. 


CAMPBELL VS. DOUGHTON. 


1847 


(). Are you a qualified voter in Big Lick?—A. Yes, sir. 

Q. Were you at the polls on November 2, 1920?—A. Yes, sir. 

(>. For the purpose of voting?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

(j. Why didn’t you vote?—A. Couldn’t get in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. J. I. Campbell, 

Mr. J. FRANK DUNN, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. Your name is Mr. J. Frank Dunn?—A. Yes, sir. 

Q. Are you registered under that name?—A. Yes, sir. 

Q. Were you at the polling place on November 2, 1920?—A. Yes, sir. 

Q. For the purpose of voting?—A. Yes, sir. 

Q. You are a qualified voter, are you?—A. Yes, sir. 

Q. In this precinct?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Couldn’t get to the box handy, 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Dr. Campbell. 

Cross-examination by J. R. Price : 

Q. Did you try to get to the box?—A. Yes, sir. 

Q. You were kept out by the crowd?—A. Yes, sir. 

Q. Mostly Republicans in the crowd?—A. I suppose so. 

Q. You didn’t blame them for it, do you?—A. I don’t know who to place th© 
blame on. 

Mr. SHUFORD BURRIS, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. What is your full name?—A. Shuford. 

Q. Were you registered, Mr, Burris, under that name?—A. Yes, sir. 

Q. Are you a qualified voter in Big Lick?—A. Yes, sir. 

Q. Did you attend the polling place on November 2, 1920?—A. Yes, sir. 

Q. For the purpose of voting?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. I couldn’t get in. 

Q. What are your politics?—A. Republican, 

Q. For whom did you intend to vote for Congress?—A. J. I. Campbell. 
Cross-examination by H. C. Turner : 

Q. You were subpoenaed to be here as a witness, were you?—A. Yes, sir. 

Mr. .JONAH S. GREP]N, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. What is your full name?—A. .Jonah Sylvester. 

Q. Are you a qualified voter in Big lack Township?—A. Yes, sir. 

Q. Were you at the polls on November 2, 1920, for the purpose of voting?— 
A. I was. 

Q. Did you vote?—A. No, sir; couldn’t get in. 

Q. AVhat are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Mr. Campbell. 

Mr. ADAM S. HUNEYCUTT, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. What is your full name?—A. Adam Sherman. 

Q. Under what name were you registei-ed?—A. Adam S., I expect. 

Q. Are you a qualified voter in this precinct?—A. Yes, sir. 

Q, Were you at the polls on November 2, 1920?—A. I was. 

Q. For the purpose of voting?—A, I was. 

Q. Did you vote?—A. I did not. 

Q. Why didn’t you vote?—A. I didn’t see any chance to get through until 
there were about three ahead of me, when they said, “ Ladies first,” and I had 
to get back. 


1348 


CAMPBELT^ VS. DOUGHTON. 


Q. What are your politics?—^A. Repiiblicnn. 

Q. For whom did you intend to vote for Congress?—A. Dr. J. I. Campbell. 

Mr. D. R. SMITH, being duly sworn, testified as follows: 

By W. L. Campbetx : 

Q. Under what name were you registered, Mr. Smith?—A. Dan R. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Dr. Campbell. 

Q. Were you at the polls on November 2, 1920?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. A great rush and I couldn’t get through with¬ 
out pushing and I didn’t push. 

Q. Are you a qualified voter of Big Lick?—A. Yes, sir. 

Cross-examination by H. C. Tukner : 

Q. Were you subpoenaed as D. R. Smith?—A. Yes, sir. 

Mr. R. T. BURRIS, being duly sworn, testified as follows: 

By W. L. Campbell; 

Q. Do you know whether or not you registered under that name?—A. I think 
my name is down R. Troy. 

Q. What is the other name?—A. Reuben Troy. 

Q. Are you a qualified voter of Big Lick Township?—A. Yes, sir. 

Q. Were you at the polls on November 2, 1920?—A. Yes, sir. 

Q. For the purpose of voting?—A. Y"es, sir. 

Q. Did you vote?—A. I did. 

Mr. B. R. SMITH, being duly swwn, testified as follows: 

By W. L. Campbell: 

Q. What is your name?—A. Burley R. 

Q. Were you registered under thnt name?—A. Yes, .sir. 

Q. Are you a qualified voter in Big Lick Township?—A. Yes, sir. 

Q. Did you attend the polling place November 2, 1920, for the purpose of 
voting?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you?—A. Well, it was crowded around there and I run a 
cafe, and I didn’t have time to be out there, and I passed backward and for¬ 
ward and didn’t try to get in much. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Dr. Campbell. 

INIr. C. G. SMITH, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. Do you know under Mhat name you are registered, whether C. G. or not?— 
A. Charlie G. of C. G. 

Q. You are a qualified voter in this precinct?—A. Yes, sir. 

Q. Did you attend the polls November 2, 1920?—A. Y>s, sir. 

Q. For the purpose of voting?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Ccuildn’t git in—scrouged so. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. J. I. Campbell. 

INIr. P. L. SMITH, being duly sworn, testified as follows; 

By W. L. Campbell: 

Q. What is your name?—A. Paul L. 
v). Were you registered under that name?—A. Yes, sir. 

Q. Were you at the polling place on November 2, 1920?—A. Yes, sir. 

Q. Are you qualified to vote in this precinct?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Couldn’t get in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Dr. Campbell.' 


CAMPBELL VS. DOUGHTON. 


1349 


Ml. P, A. HUNE'iCUTT, being: duly sworn, testified as follows: 

By W, L. Campbell : 

Q. M hat is your full name, Mr. Hiineyciitt?—A. Parrott Anderson. 

Q. Do yon know under which name you are reg:istered?—A. Yes, sir. 

Q. M hat name did you reg:ister under?—A. P. A.: I expect he has g:ot 
Parrott A. 

Q. Are you a qualified voter in Big: Lick?—A. Yes, sir. 

Q. Were you at the polls on November 2, 1920?—A. Yes, sir. 

Q. For the purpose of voting:?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. AVhy didn’t you vote?—A. So many there I couldn’t get in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Campbell. 

Mr. G. C. SMITH, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. What is your full name, Mr. Smith?—A. Grover Cleveland. 

Q. Under what name did you register?—A. They usually take it G. C. 

Q. Are you a qualified voter in Big Lick?—A. Yes, sir. 

Q. Were you at the polls on November 2, 1920?—A. Yes, sir. 

Q. For the purpose of voting?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you?—A. It was scourged so bad I couldn’t get in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Dr. J. I. Campbell. 

Mr. JOHN A. HUNEYCUTT, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. Did you register under the name of John A. Huneycutt?—A. Yes, sir. 

Q. What is your full name?—A. John Adam. 

Q. Are you a qualified voter in Big Tack?—A. Yes, sir. 

Q. Were you at the polls for the purpose of voting on November 2, 1920?— 
A. Yes, sir. 

Q. Did you vote?—A. No. sir. 

Q. Why didn’t you vote?—A. Couldn’t get through. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Mr. Campbell. 

Mr. SILAS A. SMITH, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Did you register under the name of Silas A. Smith?—A. Yes, sir; I 
think so. 

0. What is your full name?—A. Silas Augustus. 

Q. Are you a qualified voter in Big Lick Township?—A. Yes, sir. 

O. Wei'e you at the polls on November 2, 1920?—A. Yes, sir. 

0. For tlie purpose of voting?—A. Yes. sir. 

Q. Did you vote?—A. No. sir. 

Q. AVby* didn’t you vote?—A. Me and Jerome Turner swapped off. We 
counted it as a vote. 

Q. For whom did you intend to vote for Congress?—A. Campbell, of course. 
Cross examination by J. R. Pbtce : 

Q. And Jerome T- was going to vote for Doughton?—A. Yes, sir; I 

suppose so. 

Q. And he agreed to vote for Doughton and you for Campbell and you didn’t 
vote?—A. l^es, sir. 

Redirect examination : 

O. You don’t know that he was going to vote for Doughton?—A. No, sir. 

Q. You wei'e going to vote for Campbell?—A. Yes, sir. 

Q. You wouldn’t have agreed with a Republican not to vote?—A. I would 
have agreed with anything. 

Q. You wouldn’t have agreed not to vote with another Republican?—^A. Oh, 
no, sir. 



1350 


CAMPBEU. VS. DOUGHTON. 


Redirect examination; 

Q. Blit yon <io know yon were p:oin,c: to vote for Canipliell?—A. Oli, yes, sir. 

Q. And you don't know that lie was going to vote for Iiougliton?—A. No, sir; 

I took it for granted. 

Q. You do know lie was a Democrat?—A. Yes, siv- 

The contestee having in the outset of the taking of this testimony olijected to 
counsel for the contestant asking the following question, to wit: “Are you a 
qualified voter in this township,’’ the contestee desires at tlie close of the evi¬ 
dence to renew his objection to all such questions asked each, witness in this 
examination and to the answer thereto. 

In answer to the objection interposed by the learned counsel for the con¬ 
testee. counsel for the contestant would like to say ihat the registration hooks 
will he entered and will he used as further evidence as to the qualifications of 
voters in Rig Lick Township. 

(The hearing here adjourned to he resumed in Albemarle, Stanly County, at 
10 o’clock a. m., on Friday, February 2.‘», 1921.) 

Hearing opened in the county courthouse of Albemarle, Stanly County, N. C., 
at 10 o’clock a. m., on Friday, February 25, 1921, before S. C. Howard, notary 
public and commissioner of evidence; Tdrs. Sadie IM. Leak, reporter. 

Present on liehalf of contestant: James I. Campbell in person, James .1. Britt, 

I. R. Burleson. W. E. Bogle, and W. L. Campbell. 

Present on behalf of contestee: Robert L. Doughton present in person, .T. R. 
Price, R. L. Brown, O. J. Sikes, H. C. Turner, and A. C. Huneycutt. 

In open hearing, l)efore the commencement of testimony, it is stipulated by 
and between contestant and contestee and their respective counsel, that any 
witnesses present on behalf of the contestant, whether notice of their presence 
has been served on contestee or counsel or not, shall be heard and notice of said 
hearing to contestee and counsel is expressly waived. 

INIr. JOHN D. HEATH, being duly sworn, testified as follows: 

Direct examination by James J. Britt : 

Q. l^our name is .John D. Heath?—A. I'es, sir. 

Q. Where do you live?—A, Albemarle. 

Q. In which voting precinct in Albemarle?—A. In North Albemarle, No. 1, 

Q, Are the voting precincts and the city wards the same thing in your city?— 
A. I really don’t know. I think so. Yes, sir. The voting prechicts ;ire divided 
up you know—there is North Albemarle and South Albemarle—Noj-th Albe¬ 
marle 5s divided into three wards and South Albemarle is divided into one. 

Q. So three precincts in one and one in the other—in winch precinct are 
you a v(tter?—A. North Albemarle No. 1, here at the courthouse. 

Q. Y^ou are at this time chairman of the county hoard of elections?—A. I 
suppose so. 

(}. Flow long have you been?—A. I was appointed, I don’t remember when, 
hut for the elecfon prior to tins past (me—1020—191<S: sometime prior to that. 

(}. So you have served during two election periods?—A. Yes, sir. 

Q. As such, where do you keep your office?—A. Well that office is at the 
Albemarle Real Estate and Insurance office—that is my office. 

Q. And you have your official business office in connection vrith your private 
busim^ss office?—A. Y"es, sir. 

Q. jNIr. Fleafh, give for the record the date that you began as chairman of 
the county board of elections to re.gister absentee voters for the election of 
November 2, 1920?—A. I don’t remember when. 

Q. Give an approximation of it as nearly as you can?—A. I would have to 
go look at the record ; I don’t remember. 

Q, You don’t remember the date you began to register absentee voters’?— 
A. Seems lif'e to me it was in September, if I num-miher correctly. 

(}. How many did you register?—A. I reckon about a dozen. 

Q. Have you the lost of the late registrants—absentees whom you registered— 
record list’?—A. They are on the hook; yes. sir. 

Q. You will please produce that list a little later. Did you personally know 
the registrants whom you registered as absentee voters?—A. Yes, sir; I think 
I know all of them. I don’t recall any I don’t know. 

Q. Did you personally ascertain their qualifications for registering before 
entering their names upon the book?—A. I was satisfied that they were qualified 
in some way. 


CAMPBELL VS. DOUGHTON. 


1351 


Q.^ How loiif? did you require them to have been residents of this State?— 
A. Supposed to have been here two years. 

Q. How long to have been residents of Stanly County?—A. Supposed to be 
six months; I don’t remember. 

(}. How long to have been residents of the precincts in which they offered to 
vote? A. I don’t recall these things. I never thought. I could look up and 
see according to the law. 

Did you ascertain whether they were between the ages of 21 and 50 and 
if they had paid their ])o]l tax for the year 1919 on or before the 1st day of 
May, 1920?—A. I don’t recall whether I asked them anything about that. I 
supposed that as they were presenting themselves they had taken care of that 
part of it. 

Q. fhd you in every instance administer to the registrants the oath?—A. 1 
don’t know. I can’t say positively, but I would asked them if they understood 
that they were—in this way—I would ask “ Do you understand that you are to 
support the State and of the United StJites—do you understand that?” and 
they would sa.v “ Why certainly I understand that,” and sometimes I would give 
the oath in detail. 

Q. Do you remember whether you had any one of them to swear that they 
would support the constitution of the State of North Carolina?—A. I think 
so—I alwa.vs asked them if they understood what they had to do. 

Q. You can’t be positive as to whether you swore any of them?—A. Why I 
would swear them or ask them questions—say you understand that you must 
support the Constitution of the United States and the constitution of Uie State 
of North Cai'olina, and they were supposed to be intelligent people. 

Q. You knew that as an official requirement that it was your duty to ad¬ 
minister this oath, did you not?—A. I suppose so; yes, sir. 

Q. Now, INIr. tleath, I will ask you how many of these registrants whom you 
registered appeared before .vou in person to register?—A. All of them, so far as 
I know—I suppose they did. 

Q. You are sure that all of them came before you in person?—A. I suppose so. 

Q. You answer doubtfully about it, ]Mr. Heath?—A. These things have pas.sed 
out of my mind—I didn’t pay any attention to these little things—there would be 
a half dozen to eight or ten come in there, and I would iisk them questions, 
and somebody else would want something, and I never gave it much thought. 

Q, So. as a matter of fact, then you didn’t do all these little things?—A. 
Well, I don’t know—it was in the rush season of my business at that time of 
the year and we were rather pushed up, and it all has passed out of my mind. 

Q. You didn’t i>ay so very much attention to it?—A. No, sir; not these little 
details. 

Q. You regarded these matters as matters of detail?—A. Well, in that way, 
of course; yes, sir, .Tust these people who wanted to vote, and I supposed they 
were all right, and I never went into any examination, and I didn’t think any- 
l»ody would preseiit themselves unless they were qualified to vote. 

Q. Did you ever examine the records of the sheriff or tax collector in your 
county to see whether any of these absentee registrants had paid their poll 
tax?—A. No, sir, 

Q. Do you recall ever asking any of them?—A. No; I don’t recall asking 
them of that. 

Q. As a matter of fact, you haven’t any very definite recollection of these 
things?—A. No, sfr; you are right. Now, that is exactly right—it was a small 
matter, and a dozen people would come in and want to be registered, and if 
tJ)e whole county h.ad been in my charge, I might have felt the responsibility 
of taking care of it more. 

Q, As a matter of fact, Mr, Heath, did not the whole county, in so far as 
the^ registi-ation of the al)sentee voters was concerned during that period, de¬ 
volve upon you?—A. I thought these that registered—supposed they wouldn’t 
come up to be registered unless they wei’e all right, 

Q. And you registered them wheresoever they might live in your county?—• 
A. Yes. sir. 

Q. So the registration of absentee voters for the whole county devolved upon 
you during that period’?—A. Registration of absentee voters—yes, sir. 

(}. Now' Mr. Health, what did you do with the registrants who registered 
before you prior to the commencement of the regular registration period?—A. 
M’hat (iid I do with these names? I transcribed them and sent them to each 
one of the registrars over the county. 


1352 


CAMPBELL VS. DOUGHTON. 


Q. How did you transmit them?—A. By mail, I think. I am not sure. I can 
refresh my memory. 

Q. You indicated that you would furnish us for the record with a list—will 
you please produce that list? Please read the list of names of re. 2 :istrants' 
who registered before and whose names you transmitted to the several regis¬ 
trars in the polling precincts of Stanly County?—A. T. B. Mauney, New Lon¬ 
don, September 3; Grady B. Blackwelder, North Albemarle No. 3, September 
8; J. W. Hathcock, Norwood and Center precinct, September 9; J. T. Shinn, 
Norwood and Center precinct, September 11; Carl E. Mabry, Center precinct, 
September 11; Juanita Hough, Tyson, September 13; Mrs. Lillian B. Gulledge, 
South Albemarle, September 16; Jay Bivens, Tyson. September 20; Mrs. Mary 
B. Copple. South Albemarle, September 25; F. C. Smith, North Albemarle, No. 
3. September 27; L. B. Evans, North Albemarle, No. 3, September 27; Mary L. 
Efird, South Albemarle, September 1; D. R. Parker, South Albemarle, Septem¬ 
ber 1; Fay Parker Hathcock, Norwood, Center precinct, September 10. 

Q. Does that complete the list?—A. Yes, sir. 

Q. Now, when were the entries which you have read made in that book?—A. 
At the time, I suppose, they were made when I put the names down; I guess- 
I got tlie right dates from time to time. 

Q. IMr. Heath, do you remember a voter called Mump Hearne?—A. Y^es, sir. 

Q. Where does he vote?—A. I don’t know; I think he votes at Endy, so far 
as I know. 

Q. Do you remember that you had any conversation with him about voting 
an absentee ticket?—A. He came in to me with something about it; yes, sir. 

Q. What was the nature of that conversation?—A. As I recall it, he came 
into my office and said—I don’t remember the date; just a day or so before 
election; I don’t recall; just before the election—and Mump said, “ John,”' 
he says, “ I ain’t going to be able to come to the election ” ; I don’t know how 
he was able to tell, and I won’t say just what I did say with the lady here, 
but I asked him how he knew he wouldn’t be able to come; how could he 
anticipate; and he says, “Well, I just don’t believe I will be able”; and I 
sa.vs, “ How did you get down here today, then ” ; and he says, “ I don't know; 

I don’t feel good, and I want you to fix me up a vote”; and I says, “ I’ve got 
nothing to do with your vote, and if you want a ticket I m\ght give you a 
ticket; fix it so you can go and have your physician to fix you up,” and so I 
gave him the ticket. 

Q. You did give him one?—A. Yes, sir. 

Q. And gave him a certificate?—A. Y^s, sir; and I says. “What k'nd of 
a ticket do you want to vote? ” and he says, “ Oh, Democrat—Democrat,” and I 
was getting ready to go out, and I says, “ Well, here is your ticket.” 

Q. Well, there was nothing the matter with him?—A. He said there was. 

Q. He seemed to he perfectly well?—A. I don’t know that he did. 

Q. In what way did he seem to be ailing?—A. He came drooping in. 

Q. What age man is he?—A. I don’t know; he is of of uncertain age; 60 to 
75 or from 60 to 65. 

Q. That was on the day before the election, IMonday, or the second day would 
have been Sunday, before the election?—A. It must have been the day before 
the elecfon; I don’t recall; as I said, I didn’t pay any attention to these 
little things. 

Q. You had never registered him as an absentee voter?—A* No, sir. 

0. And you don't know anybody who registered him as such?—A. He was a 
registered voter. 

(). I am talking about an absentee voter; you didn’t register him as such?— 
A. No. sir. 

(}. You knew whei’e he lived?—A. About where. 

Q. He took the certificate and the ticket?—A. I reckon he did; I don’t know 
that he did. 

(j. So you did give to a man who was here present on the day before 
the elecfon an absentee ballot and certificate, but you had no evidence that 
he was qualified as an absentee voter?—A. He said he was sick, and I handed 
him over the votes. 

Q. T>id he look different at that time from the times you had seen him 
before?—A. He looked mighty bad; I don’t know whether he was putting 
on or not; lie is a man of little intelligence and nobody pays much attention 
to him, and he was sick. 

Q. You don’t know whether he was sick or not?—A. He looked like lie was 
sick; said he was. I took his word. 


CAMPBELL VS. DOUGHTOlSr. • 


1353 


Q. You have already sworn that nobody took him seriously?—A. No. 

Q. And you didn’t take him seriously, and I ask if you took him seriously 
the day he said he was sick and you gave him an absentee ballot?—A. He 
requested it, and he told me positively he would not be able to go. 

(.). You don t know what he did with it?—A. No; I haven’t seen him since 
that I know of. 

Q. Mr. Heath, you distributed the tickets for the November election to 
the various precincts in the county ; in what form did you send them out?— 
A. They were sent out by different people; sent in person; different ones 
carried them. 

Q. I am asking you to whom did you send them?—A. I sent them to the 
registi-ars, as I lecall. 

Q. You knew that all of the registrars in Stanly County were members of 
the party to which Mr. Dough ton, the contestee, belongs?—A. Yes, sir; I sup¬ 
pose so. 

Q. And yon sent all the tickets in the care of these registrars?—A. Yes, sir. 

Q. Some of the friends of Dr. Campbell prior to this time had made applica¬ 
tion to you for some tickets, hadn’t they?—A. Yes, sir. 

Q. Do you know how many and how often they had made application?—A. 
No; I don’t remember. 

Q. A good many of the friends of Dr. Campbell just before the election asked 
you for tickets for use for their friends, didn’t they?—A. I don’t know; I don’t 
know how many got tickets. Yes, sir; a few asked for them. 

Q. Do you remember that any one of the friends of Dr. Campbell ever got a 
ticket from you prior to the election?—A. Why, certainly they did. 

Q. Who were they?—A. I don’t know—George Reynolds got some—I don’t 
know how many. 

Q. Did you let anybody have tickets?—A. No, sir; just men I thought wanted 
them for absentee voters; they were asking me if I would furnish them tickets 
to send to them. 

Q. I believe you say you don’t remember?—A. As I recall, George Reynolds 
and Dr. Campbell. I don’t know who else; I never thought about it. Several 
of these that were interested in the election officially or otherwise. 

Q. INIr. Heath, the members of your party and the supporters of Mr. Dough- 
ton in the various precincts made application to you before the election for 
tickets for use—I mean general tickets, not the absentee propos tion—and you 
let them have quantities of tickets?—A. I let them have tickets just like I did 
the others—just a few the same way. 

Q. Let them have tickets for use?—A. Yes, sir. 

Q. And you want the record to show that you sent these tickets, prior to 
the elecfon, promiscuously—that you sent tickets to both parties alike—do you 
want the record to show that?—A. I think so; as far as I recall, I sent them to 
the registrars. 

Q. You mean to state—I am talking about the friends of iMr. Dough ton in 
the various precincts, not the officers of election—the ones who wanted tickets 
/for use and they applied to you for tickets?—A. Some of them here in town— 
I don’t recall anybody in the country asking for them. 

Q. D'd you let the friends of Dr. Campbell and the friends of Mr. Doughton, or 
the^lifferent election officials, have the tickets alike as they called for them?—A. 
As fai- as I remember. 

Q. You don’t remember any instance where you gave some and refused some?— 
A. 'no ; because I gave some to both sides. Sometimes I might have told some I 
dhln’t let them have any—I don’t recall. 

Q. Do you recall whether anyone on the behalf of Dr. Campbell’s management 
ever asked you for tickets to distr bute?—A. I don’t recall. 

Q. Do you recall refusing such a person?—A. No ; I don’t recall refusing or who 
I gave them to. 

Q. Do you recall ever refusing with the observation that you were going to send 
them to the registrars and nobody else?—A. No; I don’t recall it. 

Q. Do you remember Mr. I. R. Burleson calling upon you for the tickets and 
you refused to let h'm have any?—A. You mean to send out? 

Q Yes.—A. I don’t remember whether he asked me or not—I don’t remember— 
I am not sure about that. 

Q. If you did you have forgotten it?—A. Yes, sir. 

(}. You don’t say you didn’t?—A. No, sir. 

Q. On what date did you send out the tickets?—A. Well, on different dates— 
same to one precinct one day and one another just as I saw some one fiom that 
precinct. 


1354 


CAMPBELL VS. DOUGPITON. 


Q. You don’t recall by whom you sent them out?—A. No; I don’t. Different 
parties. 

Q. I ask if you don’t know that in each and every instance they were sent out 
hy one of the friends of Dr. Doughton—a memher of your party?—A. I expect 
so, hut I am not sure. 

Q. That is true to the best of your recollection?—A. Yes, sir, 

Q. You never sent any out hy any Republican that you have any recollection 
of?—A. No; I don’t recall; I can’t tell you about that. 

Have yt»u any of the onvelo])es, certihcates, and ballots of absentee votes 
that were forwarded to you hy mail—as a matter of fact, have you ever received 
from any registrar in your county any sealed-up matter containing the envelopes 
and the certiticate of hall(>t of an ahscmtee voter cast at any ])recinct in the 
county—after the election?—A. Not as I recall. Never received any, as I 
recall. 

Q, Were any of the regular ballots cast at the polls other than absentee ballots 
that were returned to you after the election?—A. No, sir. 

Q. Have you any knowledge as to where these ballots now,are and whether 
they are available for a recount if the court should so decide?—A. No, sir. 

Q. You have not them in your possession?—A. No, sir. 

Q. And no knowledge of their whereabouts?—A. No, sir. 

]Mr. Y', A. OALT.OWAY, being duly sworn, testified as follows: 

Direct examination by J. J. Britt : 

Q. Your name is W. A. Calloway?—A. Yes, sir. 

Q. Where do you vote, Mr. Calloway?—A. North Albemarle. 

Q. How long have you voted there?—A. Ever since it has been a precinct; I 
don’t recollect; been living there 22 years. 

Q. Did you vote at the last election?—A. I thbik so, 

Q. Did you vote a direct ballot or did you vote as an absentee voter?—A. I was 
in the hospital in Charlotte. 

Q. You signed the paper in the hospital in Charlotte brought to you by 
whom?—A. Now. I can’t say—Dr. Thompson signed it up and handed me the 
paper and says, “ S’gn that, Calloway.” 

Q. And you signed it?—A. Yes, sir; I signed it. 

Q. Look at the paper which I now show you and see if your name signed 
is your signature, and if so if it was written by you?—A. That there is my 
signature. If it ain’t, I am mightily mistaken. 

Q. Was it written by you?—A. I can’t say for certain. I think it was. Don’t 
know. 

Q. Do you know .1. L. Calloway—.1. D. Calloway?—A. He is my son. 

Q. Whei’o does he live. IMr. Calloway?—A. He lives here, 

Q. Do you know Ir's handwriting?—A. Well, if I had to swear to it. T couldn’t 
do it, because he hasn’t been at home since he was a boy and I never paid mncb 
attention to it. 

Q. Look at the name signed to the certificate and the name signed as a witness 
and see wbetber in your judgment they are not the same handwriting?—A. I 
can’t tell you; I can’t say. 

Q. What is your best judgment about it?—A. Well, T don’t know. 

Q. I am not asking you to know—don’t you have an opinion?—A. No, sir; 
I don’t as to them two handwritings. I can’t say as there is any difference in 
the handwriting. 

Q. I show you another certificate signed W. A. Calloway and ask if that is 
in your bandwriting?—A. No, sir. 

Q. I show you the name of Raymond L. Thompson. Do you know Raymond 
L. Thompson?—A. I reckon T do. 

Q. Who is be?—A. Dr. Thompson at Charlotte at Crowell’s office. 

Q. Dr. Raymond L. Thompson?—A. T llrnk Raymond is Ir’s name. T wouldn’t 
be positive. 

Q. See if Dr. Raymond !>. Thompson signed tin’s certificate as a witness?—A. 
AVell, I don’t know about that, 

Q. You have already said that is not your handwriting?—A. Certainly it is 
not. 

(}. Now, Mr. Calloway, do you know which, if either, of those ceifficates you 
signed as an absentee voter?—.V. I didn’t sign nary one of them. 

Q, Then if e'ther of these certificates were voted for you as an absentee voter 
it was voted by some one other than yourself?—A. I don’t know about that. I 
didn’t S’gn either one of these papers, because it is not my handwriting. 


CAMPBELL VS. DOUGHTON. 


1355 


Cross-examination by J. R. Price: 

Q. Did yon authorize any person to sign your name to an absentee vote?—A. 
I did not. 

Q. Thompson came to you in the hospital; is tliat what you said?—A. He 
came to the bed, and I says, “Thompson, till this out, and I will sign it,” and he 
did .so, and I signed it. 

Q. These are not either one bt them?*—A. I never signed either one of them. 
No, sir ; I never. 

Q. Did he till them out and hand them to you?—A. I can’t tell you what he 
filled out. I didn’t sign that. 

Redirect exairtinat on: 

<). What is your politics, Mr. Calloway?—A. Democrat. 

]\Ir. A. C. HUNEYCUTT, being duly sworn, testified as follows: 

Diuect examination by J. J. Britt: 

Q. Your name is xV. C. Huneycutt?—A. Yes, sir. 

Where do you live?—A. I live in Albemarle. 

Q. In which pivc nct in Stanly County do you vote?—A. South Albemarle. 

Q. Is that the name of the precinct or ward?—A. Yes, sir. 

Q. What is your polifcs?—Democrat. 

Q. As such you supported the contestee in the late election?—A. Yes, sir. 

Q. What is your business, profession, or occupation?—A. Lawyer. 

Q. Are you a regular practitioner?—A. Ye.s, sir. 

Q. Have you another or add.tional occupation?—A. Well, I edit a new.spaper. 

Q. State whether you were the registrar in the election in your precinct for 
the last election?—A. Whether I was a registrar? No, s.r. 

Q. State whether you held any ])Osition in the management—elector at large 
in your precinct.—A. No, sir; I didn’t hold any. 

Q. State whether you were a president al elector.—A. I was an electoral 
candidate. 

Q. You were a candidate for elector?—A. Yes, sir. 

Q. And as such you overe elected?—A. Yes, sir. 

Q. And as such you cast your vote for Hon. .Tames INI. Cox, of Ohio, for Presi¬ 
dent and Mr. Roosevelt, of New York, foriVlce President?—A. Yes, sir. 

Q. What is the name of the paper of which you are the editor and pub¬ 
lisher?—A. I am editor of the Stanly News-Herald and I pubEsh the Badm 
Tribune. I own and publish that. 

Q. State whether you were the owner, editor, and publisher of the Badiu 
Tribune just prior to the election of November 2, 1920?—xV. Yes, .sir; I was. 

Q. And for how long prior to that time?—A. Well, ever since it started. 
I started the first publicat on, I believe, about December, 1919. 

Q. So you had been the owner, editor, and publisher for about a year?—A. I 
had been the sole owner for about a year. Mr. Sturkey was assistant and 
owner, and I bought his interest about .Tune, 1920. 

Q. At what periods is this paper published and distributed—I mean weekly, 
monthly?—A. Weekly. 

Q. What was its average general circulation on or about the November elec¬ 
tion, 1920?—A. About—well, we had 750—I think about 550 at the tiine of the 
election. 

Q. That was the regular paid subscription?—A. Yes, sir. 

And you published a large number additional for distribution to your 
advertisers at that time?—A. Why, I don’t know that we did. Sometimes we 
pubLshed more than others. 

(j. You published additional numbers of your paper at different times for 
various purposes do you not?—A. A few times; yes, sir. 

Q. Where is your second-cla.ss mail privilege—at Badin?—A. Yes, sir; at 
Badin. 

Q. So you mail and distribute your paper from that point?—A. Yes, sir. 

(}. Jdr.’ Huneycutt, in which issue of your paper did you publish a repro¬ 
duction of a picture of the Hon. W. G. Harding, Republican candidate for 
President in November, 1920, together with a number of alleged Negro candi¬ 
dates for office in the State of Ohio?—A. I think it was the week before the 
election. I am not certain. 

(}. You think it was that issue?—A. I think the last issue before the election. 

(). Dn which day of the week does your paper come out?—xV. Saturday. 


1356 


CAMPBELL VS. DOUGHTO^s". 


Q. So the issue containing the reproduction was printed for distribution on 
Saturday before the election on Tuesday?—A. That is my recollection. 

Q. Do j’ou recall the total number of copies that was printed and mailed?— 
A. About—I don’t remember for sure—h think about 3 500. 

Q. You say about 3,500?—AC T5etwec'n’’3,000'and 3.500.'' 

Q. So you say about 3,500 and your subscription list.is 559f ^ Then tbis^ was 
approximately a sevenfold edition of your pape.!*?—A. Y>s,,sir. ^ ^ ^ 

(i. Were all of these papers distributed in Stanly County?—A. No; * 

Q. How generally does your paper circulate?—A. You riiea-n'the' Badin 
Trjbune? ■' » 

Q. I am talking about that all the time now.—A. I can’t tell you. 

Q. Is it confined to the vicinity of Badiii?— A. No. sir; some in iMontgomery 
and some to Moore and other places around Scotland, and quite a number goes 
out to different people who have been at Badm. 

Q. All my questions have been in reference to the Badin Tribune.—A. Yes, 
sir. 

Q. And your questions and your answers have been in reference to that?— 
A. Y'es, sir. 

Q. IVIr. Huneycutt, do you remember the size of your exchange list?— A. No; 
it is not very large. 

Q. Does your exchange hst amount to 2.50?—No; I don’t know. Mr. Sturkey 
has that in charge; half a dozen or possibly a dozen. 

Q. Give me an approximation of the copies which you mail to points out 
of Stanly County.—A. I can’t do it. I’ossibly 50 or 75 all told. 

Q. Do you know about how many coi)]es you mail into Itowan?—A. No. 

Q. Would you say 50?—A. I suppose not. 

Q. You would say 25?—A. No; I wouldn’t say that. I don’t think we 
have that many. 

Q. Do you know how many you mail ’nto Cabarrus County?—A. No, sir. 

(h You would say 50?—A. No; I wouldn’t say 50. 

Q. Give us your best judgment, ISIr. Huneycaitt, ns to Cabarrus County.— 
A. I really can’t say we mail a sbigle one there. I don’t know that we do mail 
any over there; but if we do, it wouldn’t be over five or six. 

Q. Mr. Huneycutt. v/here dal you get the reproduction plate from which you 
printed this picture?—A. Got it from the Bierman Engraving Co., nt Charlotte. 

Q. Was it your own i^ersonal order?—A. Yes, sir; own personal order. 

Q. Was it made especially for your paper—this plate I am talking about?— 
A. Yes, sir. 

Q. Do you chance to recall what it cost you, Mr. Huneycutt?—A. I don’t 
remember; I think it was about $20. 

Q. Did you yourself pjiy for the cut or plate?—A. AVhy, yes; I paid for it. I 
pay for all my stuff. I couldn’t* get it otherwise. 

O. Was it finally paid for by you, or were you reimbursed?—A. I charged it 
up like I would any other bns'ness. 

Q. Will you tell us to whom you charged this particular $20?—A. Why, I 
don’t know. 

Q. It was an advert’sement?—A. I never thought it was. 

Q. It was political advert’s ng on the part of the congressional management 
in your county?—A. It was local, I suppose^—the county management. 

Q. Who is your county chairman?—A. IMr. Furr; but I don’t think Mr. Furr 
paid for that. Somebody re’mbursed me for that; some of the boys here. 

(}. And you can't recall who reimbursed you?—A. Seems now as if IMr. Ed 
Snuggs—no. 

(}. IMr. Pkl Snuggs is a friend and supporter of Mr. Doughton?—A. I suppose; 
yes, sir. 

Q. Now. Mr. Huneycutt, how many copies, to the best of your recollection, of 
tb s 3,500 co]> es were mailed in the e'ghth congressional distinct, or were they 
all so maded?—A. With the exce])tion of tlie few that go out of the State, I 
should say approximately the whole output. 

(}. You say there were not more than 50 of theiu, or there^abouts, went to 
points in the eighth congress’onal district—not more than 50?—A. Around 
that. No; iiossibly there might have been three or four hundred that went 
outside tho district. 

Q. IMr. ITuneycutt, what was the size of this particular cut from wliich you 
printed the picture?—A. I don’t recall now. About half a page. Pretty large- 
size cut. Rather large—I can’t tell you. 

Q. Would you say a column?—A. It was possibly four columns. 


CAMPBELL VS. DOUGHTON. 


1357 


nnSo ^ wasn’t a wliole page cut?—A. I don’t remember tliat is was a 

Q. Have you a copy of that issue?—A. Yes, sir. 

Q. M ill you please produce it?—A. It is in iiiv office 

Q. Ill the city?—A. Yes, sir. 

. AVill you produce it a little later on?—A. Yes, sir. 

Harding picture accompanied by any descriptive reading mat- 
ter. A-. I think,there was some at the bottom. 

Q. Do you recall the character of the reading matter?—A. No; I don’t. 

Q. Do -you.,know who gave you the data. or preparation of that reading 
matter?—A. My recollection is that that was written under it on the original 
.sheet that \yas sent in .here—I suppose. 

Q. Do you know where it came from?—A. The only way I know is that I 
had seen something about it in the paper—I believe Hie Charlotte Observer- 
laid seen it somewhere and there was a dispute as to whether it was genuine, 
and it ^yas said they took it up with the chairman of the executive committee 
in the State of Ohio to know whether these were genuine candidates, accord¬ 
ing to this jiiece in the Observer, and it was announced that they were genuine 
candidates by the chairman of the Kepublican executive committee of Ohio, 
and I think this reading matter was on the bottom of that circular. This 
thing came up and I found out about the story and naturally I thought it was 
reading matter. 

Q. The Charlotte Daily Observer is a paper of wide circulation in this 
county?—A. Yes, sir. 

And a paper of wide circulation in the eighth congressional district?—A. 
I suppose it is. 

Q. You saw this picture in the Charlotte Observer?—A. No; I didn’t see the 
picture. My recollection is it was an editorial statement to the effect that this 
dispute had taken place at Kannapolis and the boys got up a bet and the 
Kepublicans disputed that it was genuine and the Democrats took it up and the 
news came back that these were genuine candidates and that the Negro voters 
of Ohio had gotten it up for the press to appeal to the Negro vote. 

Q. You do recall, do you, who paid for this particular output of your pa¬ 
per?—A. Oh, the output of the paper—it was paid advertising. 

Q. Paid advertising?—A. Yes, sir. 

Q. So you got the data—it was given you by your county chairman?—A. 
No; he didn’t give me that. 

Q. \Vho gave you that?—A. As I stated, I found out about the store and ran 
the Observer story. 

Q. Do you know who was the congressional chairman of your party for the 
eighth congressional district at the time?—A. No. 

(). Do you know whether you received this data from him?—A. I just 
stated. 

Q. I didn’t mean the p'Cture. I am talking about the written matter.—A. 
The written matter was on the card that had the picture on it. That is my 
recollection. 

Q. I understand that you wish to state that certain descriptive matter was 
on the card; I am asking if you didn’t accompany it with additional descuff)- 
tive matter?—A. I think I added that if anybody doubted that these camlidates 
were genuine they could take it up with the chairman of the Repiibl can com¬ 
mittee—executive committee of the State of Ohio—and learn that it wasn’t 
a put-up proposition. I didn’t want anybody to feel like I was putting any¬ 
thing over on them. 

Q. As a matter of fact, and as a newspaper man and editor and a citizen, I 
ask you if you don’t know that all of the candidates for State office for the 
State of Ohio were white men and were Kepublicans and elected by a majority 
of nearly 400,000.—A. I have no way of knowing that. 

Q. That is your understanding?—A. No; it is not. I have no way of know¬ 
ing except what I see in the newspapers. 

Q. You have seen that the State of Ohio went Kepublican by nearly 400,000?— 
A. Yes; and I have also seen that they elected a Negro or two, and I also saw 
that these Negroes were candidates in the State of Ohio and am still of that 
opinion. 

Q. I ask if you have seen any statement to the effect that there was a negro 
State officer elected in the State of Ohio?—A. I think so. Yes; I saw it in the 
paper. 

Q. Was it the governor?—A. No. 


1858 


CAMPBELL VS. DOUGHTOTs"-. 


Q. Lieutenant j^overnor?—A. No; possilily State senator or lef?islator. 

Q. State senator is not a State officer.—A. I thought it was. 

Q. Will yon he good enough to produce, if yon can, that statement?—A. I 
don’t know where it is. 

Q. Well, now, Mr. Hnneycntt, why did yon circulate among the voters of 
the eighth congressional district this large number of extra copies of your 
paper?—A. Well, a whole lot of territory is covered in that question. 

Q. Will yon answer the question?—A. I hardly know \Vhere to l>egiti to 
answer the question. 

Q. I ask if yon didn’t do it solely for the pni^poi^e^first. of course, I assume 
yon did it for a business end, and, second, you did-it for the purpo»?e ot creat¬ 
ing prejudice against the contestant and the other members of his party who 
were candidates for office, and thereby decreasing their vote and relatively in- 
cieasing the vote of yonr party?—A. No, sir; I didn’lj^fp it for the purpose of 
creating any prejudice against Dr. Campbell or any other Republican. I did it 
because I felt like, in the first place, the people had a right to know it, and I 
regarded it as a matter of intere.st. 

Q. Yon published it as a matter of news?—A. Yes; it was. 

Q. Campaign news?—A. Why, certainly. 

Q. And yon knew that Congressman Donghton was a candidate on the ticket 
of yonr party?—A. Yes, sir. 

Q. Yon haven’t yet told me who paid yon for these extra copies?—A. It 
was one of the members of the Democratic executive committee. 

Q. Do yon remember the total charge?—A. No, sir. 

Q. It was paid?—A. It was paid; yes, sir. 

Q. Have yon a receipted bill?—A. I don’t know whether I have or not. 

Q. Do yon now recollect how much yon received?—A. No; I don’t, because 
I had quite a lot of advertisements in that. 

Q. Do yon remember that yon received yonr pay from the county manage¬ 
ment?—A. Yes, sir. Now, I wouldn’t say the one who paid this particular bill 
that had the negroes on it, becan.se some party paid for that. 

Q. Yon do recall that Mr. Ed Snnggs paid yon $20 for the cut?—A. I don’t 
know that it was Ed Snnggs. Some of the boys told me to get it and they 
would pay for it. 

Q. Some,of the management on behalf of yonr party?—A. No; not the man¬ 
agement. Some of the interested parties. 

Q. Democrat?—A. Yes; I believe so. I said if I had the cut I would run it, 
and some fellow made the remark, “.Get it and I wdl pay yon for it.” 

Q. And yon can’t remember who paid yon for it?—A. No, sir. 

Q. Mr. Hnneycntt, as a lawyer and (Klitor yon are in virtue of these two 
very high callings a public man and in consequence know a great deal about 
the effect of literatnre upon the public mind. I ask yon if yon don’t know and 
didn’t know at that time that the effect of this print would be to stir deep feel¬ 
ing against the party to which Dr. Campbell belongs?—A. Well, of conrse. 
Yes; I knew that it would stir deep feeling. 

Q. And as a matter of fact I ask if yon don’t know that it did stir deep 
feeling in yonr commnnity?—A. I don’t know that it did. I heard a great 
many people got sore over it. 

Q. That is exactly one of the indications of feeling, isn’t it?—A. Yes, sir. 

Q. And they did get pretty sore?—A. Y^es, sir. 

Q. Y^on remember any fisticuffs that it led to?—A. No; I don’t. 

Q. Yon do remember a good many harsh things that were said in yonr 
county?— A. I don’t know that I did. 

Q. Y"on at the time knew of them, didn’t yon?—A. No, sir. 

Q. I ask yon if yon don’t know that it set man against man and woman 
against woman?—A. No; I don’t know that. Only two men mentioned it to me. 
One was rather mad and the other came in and stopped his subscription. 

0 . They must have had feeling?—A. It appeared that they did. 

Q. In the langnage of the street, they were pretty raw?—A. Yes, sir; both of 
them were wrought up. 

Q. Do yon think as many as 2.5 persons didn’t stop their subscriptions to yonr 
paper at one time?—A. I don’t know. There came a bnnch in there one day, 
and I didn’t know whether it was about that or not. 

Q. I ask if there didn’t come in 25 or more men and stopped the paper at 
one time?—A. They had 25 one day here, bnt I think that was in the start of 
the campaign—a bnnch of Repnblicans came in together. 


CAMPBELL VS. DOUGHTON. 


1359 


Q. I ask if you don’t know that it was during the time of the printing 
of this picture?—A. No; I know it wasn’t. A bunch came in there before that, 
and I don’t know that they mentioned that. All told, that was all who stopped 
the News Herald and only one stopped the Badin Tribune. 

Q. Now, Mr. Huneycutt, as to the News Herald, did you reproduce the picture 
in that; they had stopped their subscriptions, hadn’t they?—A. No; I can’t say 
so. It wasn’t half as bad as I expected. 

Q. It showed that these good-natured Republicans were more charitable than 
you expected them to be?—A. They were. Yes, sir; they were very nice about 
it. The Republicans on my list are very nice. The only bunch is one that 25 
or 30 men—possibly my rhetoric wouldn’t be as clear as yours—but when I 
started the Stanly County News Herald there were one or two Republican 
friends of mine thought I was going to run a Republican paper and they solicited 
subscriptions, and I found out what w{is going on and I announced in the first 
issue that that paper would be Democratic. 

Q. You never did squint toward the Republicans, did you?—A. No, sir; not 
in the least, and I took advantage of the first issue to state that it would be 
Democratic, in order to counteract the statement of some of my Republican 
friends, and that these subscriptions were not to be paid until they received 
their first copy, and I never said anything about politics. That was my first 
opportunity, and they commenced to lambast my party and I commenced to 
lanibast myself, and these Republican friends of mine came in, and I thought 
they were trying to soft-pedal me by coming in in a bunch and make me think 
I was going to lose all my list. 

Q. Corning to the News Plei'ald, how much of this nintter did you reproduce in 
the News Herald—this data under the picture?—A. What kind of data do you 


refer to? 

Q, This data and matter descriptive of this picture?—A. Not any at all. 

Q. How long before the elect or! did you know of this picture—as much as 
two months?^—A. No; I got it about a week before. 

Q. I say how long did you hear of it—two months?—A. No; not that long. 

Q. Six weeks?—A. No; just a week or two. 

Q. Now, why did you wait until Saturday before the election on Tuesday to 
make the distribution of this caricature of the candidate for President?—A. 
I didn’t get it sooner. 

Q. I ask if you don’t know that you were awaiting a tiriie when it would be 
irrrpossible to answer it before the election?—A. No; I got it in just as soon as 


I could. 

Q. You say you distributed it on Saturday before the election, and you drs- 
tributed it by rural route and star route?—A. Yes, sir, 

Q. And as a matter of fact, it will not get out in the rural precincts of your 
county until Monday or Tuesday, will it?—A. Yes; that is right. 

Q. And it would be a physical impossibility to make any answer or counter¬ 
act it by the opposite party, wouldn’t it?—A. They did answer it 

(X Did you ever see the so-called Negro woman voter that was sent out, 
printed in the Charlotte Observer, Greensboro Daily News, and other papers? 
Yes, sir; I saw it. the circular. 

O It was gerrerally distributed in your county, wasn t rt?—A. I cant tell 
whether it was or not. A number of them, I understand, were received. 

O. Where did you see them mainly?—A. I didn’t see but one—I saw two^. I 
saw the one I got and then some one sent me a copy. Somebody out about 
Oakboro or Big Lick in the western part of the county. 

Q. You saw the reproduction of it in the Charlotte Observer, did you. A. 

DM you see the reproduction in the Raleigh News and Observer?—A. 

^ Q^Did^mu^seeluii^^ News?—A. I think I did. 

a How many times d d you print it in your paper?-A One trrne. 

(). That was in the Tribune?—A. No; in the New'S-Heiald. 

Q At what periods is it published?-—A. Twice a week. 

8- at that time?-A. Around 3,000. 

8: You reineiiber al>out the date that you published it!-A. The paper will 
show. Two or three weeks before the election. 

() Will voii oblige the record by fimlinjt that copy, A. Yes, s . 

O Yoij ^^Tre the pioneer in the publication of that document, vyere you not. 
Th^-other papers got it from you?-A. The Charlotte Observer did. 


57695-21- 


-87 


1860 


CAMPBEUL. VS. DOUGHTON. 


Q. So, you led tiie Charlotte Observer—did any other paper follow you in 
it?—A. It was copied, I suppose by o good many other papers. The Charlotte 
Observer got it and a lot got it that way that didn’t get my paper—it was 
copied in a number of exchanges.-. . ' 

Q. Did the Charlotte Observer give you credit for it?—A. Yes, sir. 

Q. You say you have about 3,000 circulation— what part of your 3,000 people 
is in Stanley County, approximately?—A. I can’t tell you. 

Q. You would say 2,500?—A. No; I don’t expect so. 

Q. Two thousand?—A. Yes; I expect 2,000 or more. 

Q. So then your paper, the News-Herald, did carry this so-called Negro 
woman circular to at least 2,000 people in your county—that is, 2,000 copies 
were distributed?—A. Yes, sir; I suppose that many at least. 

Q. Were there any Negro-women voters in your county—or registrants?—A. 
Some of them tried to, I was told. 

Q. None of them did?—A. I think one voted here in the courthouse. I 
didn’t see her vote, but I heard it—maybe, a couple. 

Q. How much experience have you had as a newspaper man? This is 
asked entirely respectfully.—A. I started in the newspai)er business in June, 
1919, I believe. 

Q. You, as a newspaper man and as a lawyer, are aware of the vei-y power¬ 
ful effect of newspai)er propaganda on the public mind?—A. Yes, sir. 

Q. As a medium of disseminating information and stirring the public mind, 

I ask you as a lawyer and newspaper man if, in your judgment, the press is 
not the most powerful medium known to our present civilization?—A. I don’t 
know. I give my judgment on the matter; I think it is. Yes, sir. 

Q. You have already stated what the circulation of your newspaper is. 
What, in your judgment, is the number of voters influenced by these two me¬ 
diums against Dr. Campbell and for Mr. Doughton?—A. I really don’t know. 

I can’t give the least idea. 

Q. Mr. Huneycutt, I want you to brinj>: up, as you kindly indicated you would 
bring, a copy of the Tribune and the News-Herald, at which time I will ask 
you some further questions. 

Cross-examination by J. R. Price: 

Q. INIr. Huneycutt, you may state whether the contestee, Mr. Doughton, there, 
had any connection with this publication or knew anything of it or whether 
his chairman had anything to do with it one way or the other?—A. No. Mr.. 
Doughton never had a thing in the world to do with it, that I know,- of, and 
I didn’t see Mr. Doughton and don’t know who his chairman was. 

Q. Did you ever hear qf Mr. Doughton having any active manager in this 
county?—A. I didn’t hear of it. If he had one, I didn’t know of it. 

Q. Did you, INIr. Huneycutt, see any propaganda coming from the Republi¬ 
can Party in connection with the election?—A. In what way? * 

Q. Did the Republican paper here answer your printed matter and this 
President-elect Harding advertisement?—A. They had been running all kinds of 
stuff and that was one reason I published this special edition of the Badin 
Tribune, because I didn’t want to mix the News-Herald up with it. 

Q. What answer, if any, did the Republican paper make to this President¬ 
elect Handing propaganda?—A. They didn’t make any answer until after the 
election because no copy came out but the Republicans—somebody mailed out 
circulars. I got one through the mail. 

Q. Was that before the election?—A. Yes, sir. 

Q. What was the nature of it?—A. I think it came out on Saturday, and 
iny recollection is that it was a statement that Mr. AVilson had taught a Negro 
.school at one time in his life and said, “ Come on. Democrats, with your Negro 
stuff,” 

Q. Did you have reference to Mr. AATlson or Mr. Cox?—A. Cox; that is the 
man; Cox in place of AA^ilson. 

Q. So circulars of that nature were being promiscuously scattered and mailed 
over the county of Stanly at that time, just before election?—A. A number of 
people received them. I received one and I saw a number of others who had 
gotten them here in Albemarle. I don’t know what the extent of the cir¬ 
culation was. 

Q. Do you know, Mr. Huneycutt, anything about a poster that was gotten out 
and posted all over the county of Sthhly, or certain points in Stanly County, 
charging that Mr. McAdoo had discharged a white lady and appointed a Negro 
woman in her place?—A. No; I don’t, Mr. Price. I heard something said about 


it, but I don’t remember having seen the circular. I didn’t pay any attention 
to that stuff. 

Redirect examination: 

Q. Speaking of any rejoinder by any Republican paper, Mr. Huneycutt, as a 
matter of fact ho rejoinder by a Republican paper could have been made to 
this publication for the reason, as already stated, that it was issued on Satur- 
day before the election and as a consequence no rejoinder was mhde before 
the election, was it?—A. It could have been made. ' 

Q. None was made?—A. It wa.sn’t made before, because the paper came out 
on Thursday. The circular came out, I think, as a result of that publication. 


Mr. J. A. LITTLE, being duly sworn, testified as follows: 

r. By J. J. Britt; 

Q. Your name is J. A. Littlfe?—A. Yes, sir. 

Q. And you are clerk of the superior court of Stanly County?—A.' Yes, sir. 

Q. How'long IdnT you been clerk here?—A. Since 1918; December 1. 

Q. State whether the registration books or the poll books, or both,'for Stanly 
County are now in your possession?—A. They are. 

Q. How came they in your possession?—A. They were brought in and left by 
the registrars' of the different precincts hfter the election: 

Q. I read into the record, .section 5948 of the Public Laws of North Carolina, 
being a part of the election law of the State, under the side head “ Registration 
books deposited with the register of deeds ” ; “ Immediately after any election 
the registrars and the judges of election shall deposit the registration books of 
their respective precincts with the register of deeds of their respective coun¬ 
ties.” You are not the register of deeds for Stanly County?—A. No, sir. 

Q. Then, if the law read into the record by counsel should place upon the 
register of deeds the custodianship of the registration books they are not law¬ 
fully in your possession, are they? 

(Objection by the contestee for that it is a matter of law.) 

A. I would suppose not, if that is the law. 

Q. Can you explain how they came into your possession?—A. I explained 
that in my answer to the question. They were placed in my hands by the 
registrars after the election in 1918 and the election in 1920. 

Q. Were they in your hands continuously from the election of 1918 to the 
election of 1920?—A. They were. 

Q. Then, when they were sent to the registrars in the respective precincts, 
they were sent by you or by your authority?—A. They were. 

Q. And when they were returned they were returned to you or to some one 
for you?—A. They were. 

Q. I ask you in what depository are these books kept in your office?—A. 

Kept in the vault. * , 

Q. Do you recall whether there are any discrepancies in these books, in any 



have been desired. 

Q. Do they comprise the registration books for the legal primary held in tr-r 
Slimmer as well as the regular election?—A. Yes, sir. 

Q. I ask you if you kno\y'whether, in addition to the registration boo»:a 
proper, there were also what you sometimes call the poll biifiks,^ or extemivwp* 
list of voters taken at the polls on election day?—A. Yes,'sir. , ^ ’ 

Q. They are with' you also?—A. Yes, sir. 

' Q Do you recall whether there is one of these for each precinct at eacri 
electionA. I think so. That is my recollection, one for each precinct. 

(). I ask you if within recent months or weeks or days—that is to say, since 
this contest began—if these books heve been taken out of your office or aiiy 
I)ai-t of them by anyliody; and if so by whom and for what purpose?—A. Dr. 
Campbell has had them out some; no one else. 

Q. How often has he had them out?—A. He hns bad some of them out two 
or three different times, carried them in the register’s office. 

Q Who else has had them?—A. Not any of the books have been out except 
when I was with them., I went out to I.ocust on last Monday and was i-equested 
bv Mr Doughton’s attornev to carry the registration books and I carried them 
out\here. They were not in the hands of anybody except Mr. Turner who car¬ 
ried the books for me a portion of the time. 


1362 


CAMPBELL VS. DOUGHTON. 


Q. ]\Ir. Little, do you know whether any names have been added or any writ¬ 
ing; made on any of these hooks since the closing of the registration period last 
fall?—A. I don’t know anything about it. 

Q. State whether these books have been out of your custody any day or 
night evening, the last few days and nights and if so with whom?—A. The 
registration and poll book, for No. 2, Albemarle wjis out in Mr, Price’s office. 

Q. When was that?—A. That was an evening or two ago. 

Q. State whether it was Wednesday night of this week?—-A. It was Tuesday 
or Wednesday night. I don’t recall just wliich night. 

Q. You are a member of the party to which Congressman Doughton belongs?—- 
A. Yes, sir. 

Q. And as such supported him?—A. Y’'es, sir. 

Q. And as a matter of fact the registrars who brought these registration hooks 
and poll books and deposited them with you were also members of his party 
and supported him at the polls?—A. I suppose they did. 

Q, Do you know whether there was one of the registration hooks that was 
not returned until yesterday?—A. Yes, sir; one of the registration books was 
not deposited until yesterday. 

Q, From what precinct did it come?—A. Center, Norwood. 

Q. Who is registrar there?—A. Mr. Dunlap. 

Q. Y^ou had made demand for it before?—A. I had called his attention some 
time ago that the hooks had not been returned. ^ 

Q. I ask if you didn’t call it to his attention several times?—A. I don’t think 
I called it to his attention personally but one time. ' 

Q. Did you ever write him about it?—A. I don’t remember that I did. 

Q. Ever send him any word by a fellow citizen?—A. I don’t recall whether 
I sent word or not. 

Q. In your office you knew of its absence and demanded its presence in your 
office?—A, I'es, sir. 

Q. Is the register of deeds of Stanly County at this time a member of the 
party to which you belong?—A. He is not. 

Q. Then he is a Republican?—A. He is, 

Q. He has demanded of you these books, has he not?—A. He has not. 

Q. Either directly or indirectly?—A. No. sir. 

Q. Did he ever have a conversation with you about it and tell you it was his 
understanding he was the proper custodian of the books?—-A. He and I were 
talking about it a few days ago and he said the law seemed to place the books 
in his hands. 

Q. Did he read the law to you?—A. No; I read it myself. 

Q. He brought it to your attention, did he?—A. I don’t know specially that 
he brought it to my attention. Dr. Campbell was in the office eight or ten 
days ago and called my attention to the section that you read from. 

Q. That part of the law placing the custodianship of these books in the 
hands of the register of deeds was brought to your attention and you were in¬ 
formed of it?—A. Y'es, sir. 

Q. How long ago was that?—A, About 10 days. 

Q. It wasn’t Monday?—A. I am not sure. 

Q. But notwithstanding that information you persisted in keeping the cus¬ 
todianship of the books?—A. No, sir; I didn’t persist. 

Q. You did keep them?—A. They are there in the office. 

Q. And you haven’t yet turned them over?—A. No', sir; I haven’t been re¬ 
quested to turn them over. 

Q. As soon as it was made known to you that the law places the custodian¬ 
ship in some one other than yourself and that you are not the proper custodian 
isn’t it your duty to move in the matter and place them in the hands of the 
proper custodian?—A. I can’t say as to that. 

Q. Mr. Little, did you examine the registration books from Big Lick and Piirr 
precincts on yesterday to see whether there were any check marks on them?—^ 
A. Dr. Campbell turned through the books and called mv attention to the 
marks and asked me to note them. 

Q. And you did so examine and note?—A. Yes, sir. 

Q. Did you find any checked?—A. I didn’t notice any checks on the regis¬ 
tration books. 

Q. Mr. Little, in your official capacity you received from the sheriff or tax 
collector of your county a certified list of the persons who have paid their poll 
tax on or before the 1st day of May, 1920, for the taxes for the year 1919*?— 
A. Yes, sir. 


CAMPBELL VS. DOUGHTON. 


1363 


Q. Have you such a list in your office?—A. I have. 

Ci. Will you produce it at your convenience?—A. I have it here. I will 
turn it over to you. ' ' 

Cross-examination by J. R. Price : 

Q. Mr. Little, when was you elected clerk of the superior court?—A. In 
November, 1918. 

Q. And the registration books have been kept in your office since you have been 
clerk?—A; Yes, sir. 

Q. Who was the register of deeds for the last two years?—A. J. M. Boyette. 

Q. What are his politics?—A. He is a Democrat. 

Q. While he was register these registration books were still kept in your 
office?—A. Yes, s r; they were. 

Q. Been so kept ever since you’ve been clerk?—A. l^'es, sir. 

Q. Regardless of whether the register of deeds was a Democrat or a Repub¬ 
lican?—A. I’^es, sir. 

Q. Y^ou just hadn’t looked up the law to satisfy your mind whether it was 
your duty to keep the custodianship of these books or not, had you, until 
recently ? 

(The contestant objects for the reason that it is a question of law and not 
of fact.) 

A. No, sir; I hadn’t. The registration books were in the office when I went 
in and were placed back after the election; after I was elected they were 
placed in my custody. 

Q. Has this question ever been raised until this contest came up?—A. It 
has not. 

Q. Mr. Little have you in anyw’ay tampered with these books ?—A. I have not. 

Q. Have Mr. Doughton’s friends tampered with them or used them in any 
improper way to your knowledge?—A. Not to my knowledge. 

(The contestant objects for the reason that the witness is not in position to 
know what the friends of Mr. Doughton have done.) 

Q. Now, have these books, Mr. Little, ever been taken out of your office except 
the books that you stated a few minutes ago were carried to my office and the 
books that were taken out by Dr. Campbell or his friends?—A. That is all that 
have gone out of the office. 

Redirect examination: 

O. After the county board of cnuvass'U's of Stanly County made the count, 
certified, and claimed the vote, did they deposit with you a duplicate or return 
of the votes cast?—A. They deposited with me a copy of the votes cast, made 
out on the regular sheet. 

Q. Y’^ou have it now in the office?—A. Yes, sir. 

Q. Were you present at the time of the obsence of your books to which 
counsel, Mr. Price, referred?—A. Not all the time; no, sir. 

Q. You were there part of the time?—A. Yes, sir. 

Mr. GEORGE P. PALMER, being duly sworn, testified as follows: 

By J. J. Britt: 

Q. Your name is George P. Palmer?—A. Yes, sir. 

(j. \V'hat public office in Stanly County, if any, do you hold at this time?—A. 
Register of deeds. 

Q. How long have you held such public office?—A. Since December 6, 1920. 

Q. As such register of deeds have you ever been informed that it is your duty 
to be "the custodian of the registration and poll books of the election prec nets of 
your county?—A. Y'es, sir. ^ . 

Q. State whether you have such registration and poll books in your custody?— 
A. Not to my knowledge. 

Q State if you have ever seen these books elsewhere and, if so, where..—A. 1 
saw*part of them in the clerk’s office and Dr. Campbell had part of them in my 

office a few days ago. ^ ^ „ 

() Did you have a conversation with the clerk of the superior court of your 
county, Mr. Little, in regard to the legal right of custodianship of these registra¬ 
tion books and poll books?—A. I have. . ti i 

(). What was the tenor of the conversation—what did you say and what dul he 
say, and what did vou do and what did he do?—A. He remarked that he found 
in the election law that the register of deeds was supposed to have these books 


1364 


CAMPBEL^L VS. DOUGHTON. 


and I read the law to him in his office and I told him it would appear that my 
office was the projier place for them and he said it had been the custom for them 
to be filed with the clerk of the court. 

Q. When you told h in that it would appear that you were the proper cus¬ 
todian of the books did you mean by that to make a polite request, for the pos¬ 
session of them? 

(The contestee objects.) 

A. I meant nierely to let him know that I knew that I was supposed to have 
the hooks, and I wanted them if I was supposed to have them. 

Q. Did you not treat that as a way of requesting them on your part?-—A. Yes, 
sir; I did. 

Q. What did Mr. Little say in response?—A. He merely said it had been the 
custom to keep them in his office. 

Q. Did he tender them to you?—A. He did not. 

Q. Mr. Palmer, have you a return by abstract of the vote cast in Stanly 
County on November 2, 1920?—A. I have. 

Q. Will you please produce this abstract?—A. Yes, sir; you want the whole 
amount ? 

(}. Please turn to the abstract of the congressional vote. Give the vote for 
Mr. Campbell and Mr. Doughton, by prec nets, and read out loud so the reporter 
may get the correct figures, names, and precinct in which the vote was cast.—A. 
Center Township, Mr, Doughton. .520; .T. I. Campbell, 329. South Albemarle, Mr. 
Doughton, 532; ,T. I. Campbell, 275, North Albemarle, No. 1, Mr. Doughton, .541; 
J. I. Campbell, 289. North Albemarle, No. 2, Mr. Doughton, 328; .T. I. Campbell, 
470. North Albemarle, No. 3, Mr. Doughton, 227; ,T. I, Campbell. 510. Badin, 
Mr. Doughton, 445; J. I. Campbell. 198. New London, INIr. Doughton, 260; .T. I. 
Campbell, 235. Ridenhour. Mr. Doughton, 224; .T. I. Campbell, 169. Almond, 
No. 1, Mr. Doughton, 80; .J. I. Campbell, 204. Almond. No. 2, ]\Ir. Doughton, 21; 
.T. I. Campbell, 149. Endy, Mr., Doughton, 46; .T. I. Campbell, 175. Furr, Mr. 
Doughton, 225; .T. I. Campliell. 427. Big Lick, INIr. Doughton, 135 ; .T. I. Campbell, 
584. Tyson, Mr. Doughton, 198; .1. I. Campbell, 229. Palmerville, Mr. Doughton, 
54; J. I. Campbell, 36. 

By Mr. Burleson : 

Q. That makes a total for INIr. Doughton of how many?—A. According to the 
figures here, 3,836 for IVIr. Doughton and 4,279 for i\Ir. Campbell. I haven’t 
added it; the abstract shows that. 

Cro.ss-examination by O. J. Sikes : 

Q. You have been register of deeds since December?—A. Yes, sir; Decem¬ 
ber 6. 

Q. And you discovered, a few days ago, that you were entitled to the regis¬ 
tration books?—A. I discovered it a good while ago. 

Q. But you mentioned it to Mr. Little just a few days ago?—A. Yes, sir. 

Q. INIr. Palmer, did you see any circulars that were circulated during the 
last campaign relative to Mr. McAdoo’s discharging a white woman in Wash¬ 
ington and putting a Negro in her place?—A. Yes, sir. 

Q. Did you have any of these circulars?—A. No, sir. 

Q. What did the circulars in substance contain?—A. I am not prepared to 
say just now, because I just gave it a casual glance. 

Q. Did it sa.y that Mr. McAdoo had discharged a white woman and appointed 
a Negro in her place?—A. To the best of my knowledge. 

Q. And you fellows circulated them about over the county as Republican 
campaign literature, did you not?—A. It might have been done. 

Q. Did you circulate any of them?—A. T don’t remember that I did. 

Q. Did you ever show any to anyone?—A. I had a circular in my car. Very 
likely some one saw it. 

Q. You had them in your automobile; is that right?-^A. I don’t know whether 
I did or not. 

Q. Can you refresh your memory about that? Are you positive you did 
not?—A. No, sir; I am not positive that I didn’t. 

Q. Did you have any other similar campaign literature?—A. Not that I 
rememl)er about. 

ii. You didn’t see that circular about Mr. Cox, did you, charging him with 
teaching a Negro school?—A. I saw some in the road; yes, sir. 

Q. Do you know whether it was circulated here by the Republicans as cam¬ 
paign literature or not?—A. I don’t remember. 


CAMPBELL VS. DOUGHTON. 


1365 


positive that it was not?—A. No, sir; I don’t know positively 

Q Do yon reineinber coming with Mr. J. C. Dunlap from Norwood to Albe¬ 
marle in the automobile?—A. Yes. sir. 

Q. A few days before the election?—A. Yes, sir. 

Q. Ilefresh ^oui inemory, ^Ir. 1‘ahner.' Did you not show him one of these 
McAdoo circulars?—A. Not to my knowledjje. ' 

Q. If you did, you don’t recollect it now?—A. "No, sir. 

Q. Do you recollect whether you had them iiP your car on any occasion or 
not?—A. It is possible. 

Q. You were a candidate for re.a‘ister of deeds?—A. Yes, sir. 

Q. On the Republican ticket?—A. Y’^es, sir. I be^ to dift’er about that. It 
was after the election I went with Mr. Dunlap. The day the board of can¬ 
vassers met here. 

Q. You had some in your car, then?—A. I’am not positive that I did. 

Q. Yon were elected in this last'campaian?—A. Yes, sir. 

Q. The same campaijin in whiclr these circulars were circulated; that is right, 
isn’t it?—A. I can say about that. - ' 


Q, Well, these circulars that you saw in the road,'was that prior to this last 
election?—A. Prior or .lust after; I don’t remember. ’ ‘ ‘ 

Q. And you are positive that you can’t recall ever "handling any of these 
IMcAdoo circulars?—A. I saw some 'of them. 

Q. Where did you see them?—A. I saw them in different places. 

Q. Do you remember any of tbe places where you saw them?—A. I saw some 
here on the streets. 

Q. Did you ever see them nt anybody’s lionse in the county?—A. No, sir. 

Q. Did you see them at the Republican headquarters?—A. Not that I re¬ 
member. 

Q. Do you know who got them out here?—A. No, sir. 

Q. Do you know who had them distributed?—A. No, sir. 


Redirect examination by J. J. Britt : 

Q. Concerning these alleged circulars about which counsel asked you about 
Mr. McAdoo, Mr. IMcAdoo was not a candidate for public office in the late elec¬ 
tion, was he?—A. Not that I know about. 

Q. I ask you if at a former time he had been Secretary of the Treasury and 
retired?—A. Yes, sir. 

Q. And you know nothing about whether he had or had not discharged a 
white woman and appointed a Negro in her place?—A. Not to my knowledge. 

Q. You don’t know whether the circular came from friends of Mr. Dough- 
ton, or friends of Mr. Campbell, or either of them?—A. No; positivel.y do not. 

Q. You know nothing about printing it or paying for it?—A. No, sir; I don’t. 

Recross-examination : 

Q. In .your opinion, Mr, Palmer, did you think the circular referred to was 
being circulated as Democratic propaganda or Republican?—A. I don’t know 
how they were circulated. 

Q. I .lust said that was your opinion about it?—A. Well,' it is hard to ^say. 
I don’t know. 


]Mr. R. N. FURR, being duly sworn, testified as follows; 

By J. J. Britt ; 

Q. Your name is R, H. Furr?—A. I’^es, sir. 

Q. Where do you live, IMr. Furr?—A. Here in Albemarle. 

Q. How long have you been living here?—A. About 10 years. 

Q. You are a member of the party to which Congressman Doughton belongs 
and supported him in the late election?—A. I am; yes, sir. 

Q. State what party position you held at that time?—A. Chairman of the 
count.y. 

Q. For the district or the county?—A. County. 

Q. As such, you managed his campaign in this county?—A. Partly so. I 
was {iway part of the time. I was in Texas from the 2d of September until 
about the 20th of October, I believe. 

Q. You had a substitute in your place?—A. Yes, sir; Mr. Mann. 

Q. Where did you have your headquarters?—A. In the Loan and Trust Build¬ 
ing. 


1366 


CAMPBELL VS. DOUGHTON. 


Q. How many employees did you liave in your headquarters?—A. We only 
liad one most of the time, two part of the time. 

Q. Mr. Furr, state whether you audited and paid the hill for the cut of 
the Plardinjr picture referred to by Mr. Huneycutt, and, if so, how much you 
paid.—A. I can’t tell about that. I paid the bills that were presented. We 
had a whole raft of printing? done there and all presented and paid as a whole. 

Q. You don’t pretend to know how much you paid?—A. I can’t say now. 

Q. Where are your receipted bills?—A. I wouldn’t say I have them; I don’t 
know. 

Q. You can produce these receipted bills, can’t you?—A. I wouldn’t say that 
I could. 

Q. Will you please make an effort?—A. Yes, sir; I will see if I can find them. 

Q. Do you remember how many copies of the Badin Tribune coiitainin,5t thq 
Hardinj? picture your committee contracted for and how many it paid for?—A. 
I don’t know ; I wouldn’t say we contractetl for any ; I was away part of the time. 

Q. You were here the week before the election?—A. Y"es, sir; but as for con¬ 
tract ng for any myself, 1 didn’t. I 

Q. Your committee did, didn’t they?—A. I can’t say. I don’t know about that. 

(}. Refresh your recollection if you can’t tell me for the hearings vuiat the 
understanding was about the payment for these papers containing the p\clure— 
how many?—A. I don’t know. Honestly I don’t. \ 

Q. You think it was paid for by receipted bill, don’t you?—A. Well, ye&\; but 
he presented the bill to me all together, and I can’t say how much it was. \ 

Q. During these days just before the elecfon you were present in the head¬ 
quarters and very active?—A. I was in and out. 

(}. And you th nk you can’t refresh your recollection and tell about this?—A. 
I can not. I don’t know. 

Q. What was done w th the records of the committee; the books?—A. I don’t 
know about that. We left them up there, and I had no more to do with it after 
they got through. 

Q. Did you make payment of things I ke that by check or by cash, Mr. Furr?— 
A. Well. I rather believe we paid by check. 

Q. Don’t you think you can procluce the checks?—A. I might. What checks 
I have got are all mixed up; it was an old book, and when I went out of office 
I bundled everything into a box. 

Q. This is only three months ago; you have a good recollection?—A. I have 
the checks, but I don’t know that I can find them. 

Q. Y'ou don’t think you have the bills?—A. Probably I have; I can’t say; 
I never paid any attention. 

Q. I want you to look into that right carefully and see if you can’t bring 
me the checks. Do you remember any checks that you gave to IMr. Huneycutt 
or to a subcommittee man—any directions, I mean, about the distribution of 
these papers containing the Harding picture?—A. I don’t. 

Q. I ask you if you don’t know you used the newspaper as a medium of cir¬ 
culation?—A. I didn’t have a thing to do with that picture. It was gotten out 
by Mr. Huneycutt. I might have paid for it. I had nothing to do with it 
whatever. 

Q. Do you remember how many c<ipies .vou sent out?—A. No; I sent a few, 
but they were distributed by somebody else besides me. Sent out through 
his office, probably. 

Q. INIr. Furr, I ask you if you recall sending out a letter, as chairman of 
your party, in which you enjoined the voters of the county to be solicitous 
to vote for the Democratic Party rather than vote for a Negro party?—A. He 
might have had it sent out—it might have been sent out. I wasn’t there all 
the time. 

Q. Can’t you tell me, after the lapse of these three months, whether you sent 
out these letters?—A. That letter that was was printed—there might have 
been something said in regard to that letter that come out. 

Q. What letter?—A. Well, they had it up here to-day. I don’t believe I can 
tell you. 

Q. It had your name to it?—A. Well, probably so; yes, sir. 

Q. Don’t you know it had your name on it?—A. My name was on whatever 
was sent out from there, but there was a lot sent out while I was away. 

Q. Do you know how generally that particular epistle circulated?—A. No. 

Q. You think one was sent to all the voters?—A. Well, practically so, no 
doubt. 


CAMPBELL VS. DOUGHTON. 


1867 


Cross-exciiiiination by J. R. Price : 

Q. This circular in the Badin Tribune of President-elect Harding’s picture 
and document, did you direct the mailing and distribution of that as a political 
document?—A. No, sir. 

Redirect examination : 

Q. But you don’t know whether your office did or not, do you?—A. No; we 
heard that was printed, according to what they say. If the office did, it was 
unknown to me. 

Q. You don’t know whether you did or did not; you said you were awav?— 
A. I was away part of the time. 

Q. See if you can tind me those interesting checks. 

Mr. H. P. EFIRD, being duly sworn, testified as follows: 

By ,T. J. Britt : 

Q. Y^our name is H. P. Efird?—A. Yes, sir. 

Q. In which voting precinct in the county do you live?—A. Big Lick. 

Q. State whether you were the registrar of elections in that precinct at the 
late election?—A. Yes, sir; I was. 

Q. Were you also the registrar at the primary—had you been the registrar 
there for several years?—A. Y'es, sir. 

Q. When you became registrar for the primary of 1920, were you sworn?— 
A. Yes, sir. 

Q. By whom?—A. By the clerk. 

Q. You mean the clerk of the court?—A. Yes, sir. 

Q. When you became the registrar for the general election, were you sworn ?— 
A. Yes, sir; by the clerk. 

Q. State whether you were present at the voting place on the four Saturdays 
next preceding the election?—A. Yes, sir; I was. 

Q. Tell how much of each day?—A. All dav. 

Q. How many voters were registered in that precinct?—A. Nine hundred 
and ninety five or six, I think, it was. 

Q. Approximately 1,000 voters?—A. Yes, sir. 

Q.How many of them were simply transcribed from the old book?—A. Some¬ 
thing like 500. 

Q. So you registered 500?—A. Yes, sir. 

Q. ]\Ten and women?—A. Yes, sir. 

Q. How many persons did you refuse registration during that period?—A. 
Not any. 

Q. State if you recall whether you administered the oath to all the regis¬ 
trants who came?—A. Yes, sir; every one. 

Q. Men and women?—A. Yes, sir. 

Q. How did ,vou occupy your time as registrar on these days other than the 
Saturdays referred to?—A. I am a merchant. I run a store there in town 
and I registered any day that they came. 

Q. How many da.ys did you go away from your store with your registration 
book?—A. I don’t know; .just a little now and then. 

Q. Did you put in as many as 10 da.vs in that way?—A. No, sir. 

Q. Five days?—A. No. sir; I don’t think I put more than one day. 

Q. You traveled in an automobile, did you not?—A. Y^es, sir. 

Q. Does your precuict comprise a large area?—A. Pretty large; yes. sir. 

Q. When you went out hunting for registrants did you take them house by 
house as you came to them?—A. No, sir; I only went to those who asked me 
to come. 

Q. You didn’t refuse anybody—you didn’t register anybody except those who 
asked you to come?—A. No, sir. 

Q. Y'ou never went out and registered any except those who asked you to?— 
A. No. sir. 

Q. How many do you think you registered in that way?—A. Possibly 15 
or 20. 

Q. Is that all?—A. Yes. sir. 

Q. Did you register any Republicans?—A. Y’es, sir; registered all who asked 
me to come. 

Q. When ,vou went out looking for voters did you go to their places?—A. 
Just those vdiere they asked me to come. 

Q. You did register some Republicans?—Yes, sir. 


1368 


CAMPBELL VS. DOUGHTON. 


Q. Name one?—A, I registered Mrs. Hinson, 

Q. What Hinson?—A. Nancy, I believe. 

Q. How far did she live from your precinct?—A. She lived there in town. 

Q. What town is that?—A. Oakboro. 

Q. She asked you to come and register her and you went?—A. Yes, sir. 

Q. That was the only Republican you registered away from your polling 
place?—A. I don’t recall. I recall one instance that one gentleman asked me 
to bring my books to the house to register his wife—said she wasn’t able to 
go that far. 

Q, You don’t recall but this one instance where you registered a Republican?_ 

A. No, sir. 

Q. And you think you regisitered as many as 25 Democrats on your rounds?— 
A. I wouldn’t be positive about it. 

Q. Wouldn’t you say between 25 and 50 or even more?—A. No, sir; I don’t 
believe the number would reach 25. 

Q. As a matter of fact, how does the Republican vote run in that precinct?— 
A. Very largely Republican. 

Q. Well, in your itinerary you registered one Republican woman and some 
25 Democrats?—A. No; I wouldn’t say 25. Something between 15 and 20. 

Q. Does the vote there stand as much as 2 to 1 Republican?—A. Yes, sir' 
3 to 1, possibly more. 

Q. And notwithstanding the fact that the ratio of the Republicans was 
possibly some 3 to 1, yet in your travels abroad you registered one Republican 
and possibly 25 Democrats? How much did you receive for registering them? 
What was the total compensation received for your services?—A. I don’t re¬ 
member. Three cents a name for the new registrants and 1, I believe, for 
transcribing. 

Q. Did you get as much as $10?—A No, sir. 

Q. That has been three months, and can’t you recolloct how much you re¬ 
ceived? You appear to be an intelligent witness.—A. No, sir; I don’t know 
just how much it amounted to. A registrar received $3 a day for the four days 
and for holding the election, etc., and the total expenses it seems to me for 
that election—I am not positive what it was. 

Q. You were paid out of the public treasury—treasury of your county— 
weren’t you?—A. Yes, sir. 

Q. And that public treasury was replenished by the taxpayers of your county 
of both parties, was it not?—A. I suppose so, 

Q. Do you know that you used as much diligence in registering Republican 
voters in your precinct as you did Democrats?—A. Yes, sir. 

Q. How does it happen that you registered but 1 of a party that wns 3 to 1 
and 25 of the others?—A. You didn’t have to go out to hunt Republicans; they 
came in themselves. 

Q. Those that you went away to register you say you found one?—A. I just 
went to those that asked me to come. 

Q. Were you sworn as a poll holder on the day of election?—A. No, sir. 

Q. Were your associates ever sworn?—A. Yes. sir. 

Q. You were not sworn?—A. Not as a poll holder. 

Q. Who administered the oath to the poll holders?—A. Mr. Richardson. 

Q. Who is he?—A. A notary public. 

Q. How many absentee votes were cast at your place?—A. To the best of my 
knowledge—my recollect on—10. 

Q. How did you receive notice of the registration of these absentee voters? 
D’d they register before the chairman of the county board or before you?—A. 
There were not absentee voters. They were sick people that couldn’t get out to 
vote. 

Q. Did they all furnish affidavits?—A. Yes, sir. 

Q. How did they vote? By certificate of ballot or by certificate and ballot?—A. 
Certificate and ballot. 

Q. Do you know the names of these absentee voters in your precinct?—A. No, 
sir; I can’t recall. 

Q. What did you do with the certificates and ballots?—A. The certificates and 
ballots—they were I suppose with the registration books. I intended them to be. 

Q. I ask you whether you sealed up any of these certificates and ballots of the 
absentee voters and returned them by mail to the county board of elections?^ 
A. No, sir. 

Q. I read into the record, section 5966 of the laws of North Carolina, being a 
part of the election laws of the State, as follows, under the side head : “ Absentee 


CAMPBELL VS. DOUGHTON. 


1369 


voters may sign name to ballot; ballot and certificate to be kept ” : “ In voting by 
the method prescribed in this article the voter may. at his elect,on, sign or cause 
to be sigiieil, his name upon the margin or back of the ballot or ballots, for the 
purpose of identilication. The ballot or ballots so voted, together with the 
accomi):uiying ceriitieates, shall be returned in a sealed envelope by the registrar 
and poll holders, with the r certificate of the result of the election, and kept 
for six iiK'uths or, n case of contest in the courts, until the results are finally 
determined.” If that is the law of the State governing the duties of registrars 
you didn’t comply with,it in your failure to mail these in a sealed envelope, did 
you?—A. I was .giiorant of the fact. 

Q. You didn’t comply w th it, did you?—A. I didn’t mail them in. d 

Q. You have.already sworn .that the total voting population of your precinct 
was approximately 1,000. I ask you how many of those voters who were present 
and sought to vote failed to get an opportunity to vote in your precinct?—A. I 
suppose there was something like 150 that didn’t get to vote. 

Q. Since the vote stood some 3 to 1 Republicans as aga'nst the Democrats, 
this 150 or approximate number of voters represented a large' percentage of 
Republicans, didn’t it?—A. Yes, sir. 

Q- r)o you recall how many did actually vote that day?—A. Around 750. 

Q. So, it is true that about 250 (lidn’t vote?—A. Well, I wouldn’t suppose the 
whole registrat on would vote. Possibly some in the book didn’t come to vote^ 
and might have been some persons who had possibly died. • 

Q. What time did you open the polls that morning?—A. As near sunup as we 
could. I don’t remember just the ininuttS but we were striking at sunup. 

Q. You had a great many delays during the day, didn’t you?—A. No, sir. 

(j. Have any challenges tried?—A. There was two or three that was chal¬ 
lenged. ■ ' 

Q. Who conducted the trial, you?—A. Yes, sir. 

Q. Y’ou were very i)articular and deliberate in the conduct of the trial,, 
weren't you?—A. Not any more than was necessary. 

Q. You took a good deal of time, didn’t you’.''—A. Not any more than was 
necessary. 

Q. I ask you if you don’t know that during the time you were having these 
parleys, these challenges that there was great deal of muttering and complain¬ 
ing by the people who were in line out there wanting to vote?—A. Dh, there 
was a general muttering and complaining out.side the door and inside the house. 
All day. 

Q. You heard that going on all day? Everybody that was there wanted to 
vote and wanted to get through as early as possible?—A. Yes, sir; I suppose 
so. 

Q. Mr. Efird, did you come to Albemarle often immediately before the elec¬ 
tion?—A. No, .sir. 

Q. How often did you come?—A. I don’t know. Sometimes once or twice 

cl W001 y 

Q. How many times did you bring your registration book up here?—A. Never 
brought it at all? 

Q. At any time?—A. No, sir. 

(P Do you know how many stops you made during the day you were holding 
the"election there?—A. What kind of stops you mean? 

(^. A stop from voting of any kind?—A. No, sir; we only made one stop; 
when we had to move from outside into the building. 

Q. Didn’t you stop when you were having these parleys about challenges?— 
A. Not any more than necessary to get through with. 

(). How long do you think you stopped that one time—half an Imur?—A. We 
might have sto])i)ed half an hour when we had to move from outside. 

Q. Into the building?—A. l^es, sir. ‘ 

What was that move for?—A. Well, at the outset we had arranged to 
hold the election out of doors and it was cloudy and I asked if it wouldn’t 
be better on the inside and they objected and we began with the election out 
of doors on the side of a brick building and when the rain came up we had 
to move inside and was delayed some little time then—I wouldn’t say over 
half an hour. 

(). Do you remember how many times you stopi)ed and liunted up names 
tha"t .seemed to be lost on the registi-ation book’?—A. We didn’t sto]) any. Of 
course, that was going ahead with the work as rapidly as possible. 

(j. The names were ari-anged alphabetically wei-e they not?—A. Yes, sir. 

Q. Why did it take .so long to tind them’.''—A. They all took a little time to 
find then'i. There wa.^ a great many people of the same nanu'—take the H’s 


CAMPBELL VS. DOUGHTON. 


1370 


sometliiiiA' like 300 names begin with H and a lot of times the names would be 
very dillicult to tind from all that number and a lot of times would be when 
the ladies came in and gave me the wrong name and I would go ahead and 
look through and possibly they would say possibly I gave you another name 
and then go back and find the other name all right. 

Q. You knew that there were great crowds of people wanting to vote?— 
A. Yes. sir. 

Q. You also knew it was doubtful whether the entire voting population would 
be able to vote that day?—A. I didn’t know whether it was possible or not. 
I never tried to vote that many people before. 

Q. Mr. Efird, did you have many talks with the county chairman of your 
party and other managers immediately before the electi(m?—A. No, sir. 

Q. Did you ever hear that there was a suggestion that not all of the people 
of your precinct could vote?—A. No, sir. 

Q. You never heard that at any time?—A. I heard it discussed amongst the 
people—Republicans as well as Democrats. 

Q. What Republican did you ever hear say he thought the entire vote 
couldn’t be cast there at that time?—A. I don’t recall just now. I heard sev¬ 
eral say so. 

Q. As a matter of fact you didn’t make any effort to expedite or hurry any 
there?—A. Yes, sir; I did everything possible. 

Q. You did occupy a long time in looking for names?—A. Not any longer 
than we could help. 

Q. Didn’t you have any challenges or trials?—A. No, sir; no trials. 

Q. It took some t me to discuss the challenges?—A. Not any more than was 
necessary. 

Q. What was done with the challenges, generally speaking?—A. Some voted 
and some didn’t. 

Q. You indicated before the election that there would not be any challenges 
on election day?—A. I didn’t know it. 

Q. Didn’t you say that?—A. I don’t know that I did. I said I didn’t know 
of any. 

Q. Do you remember stating on Monday that there were no challenges to 
be beard?—A. I said that there had been none turned in to me. 

Q. But it turned out that there were a good many to be heard on election 
day?—A. Some. 

Q. And you tried them with thoroughness and deliberation?—A. Y’^es, sir; 
as much so as possible. 

Q. You asked a good many quesfons of them, didn’t you?—A. Not any more 
than was necessary. 

Q. And your fellow poll holder asked questions?—A. Some. 

Q. Who was the other poll holder?—A. D, R. Kennedy. 

Q. IMr. Kennedy asked questions?—A. .lust a few. 

Q. Can you recall the total number of challenges that were tried on that 
day?—A. No, sir; I don’t remember. 

Q, Did you mark them challenged on the book?—A. I think I made a no¬ 
tation as they were presented. 

Q. From the time you began the registration until you closed the books on 
Saturday, did you ever let any Republican inspect your books?—A. No, sir; 
I didn’t let anyone inspect them. 

Q, Why did you not let anybody see them?—A. No one asked me to. 

Q. You knew they were public records, did you?—A. Yes, sir; I supposed 
they were public I’ecords. 

Q. When did you return these books?—A. Now, as to their being public 
records, I don’t think they are. It is my understanding it is the duty of the 
registrar to keep the books in his own care. IMy understanding is they are 
private books and not public records. * 

Q. Were you ever advised that they were by any of the management of 
your party?—A. No, sir. 

Q. Y'ou had that conception of the law and you didn’t let anyone see them?— 
A. No one asked me to and I had no cause to. 

Q. Do you remember during the period the polls were open there and you 
were hunting for names on the register that the lady voters in some instances 
found their own names before you did and called your attention to it?—A. 
No, sir; I don’t recall. 

Q. And you remember their being present and looking for the names?—A. 
I remember two or three Republican gentlemen with me all the time assist¬ 
ing me in looking over the books and finding the names. 


CAMPBELL VS. DOUGHTON. 1371 

Q. I ask you if, to the best of your judjrment, that during that day as much 
as two hours’ time was lost in hunting nnmes?—A. No, sir. 

Q. As .much,asdwo or three hours?—A. No, sir. 

Q. You realized the importance of the voting?—A. Yes, sir. 

Q. You knew that the measure was three or four Republicans to one Demo¬ 
crat, didn’t you?—A. Yes, s r. 

(}. Now, as a matter of fact, did you have any very great interest in the 
vote being hurried on that day?—A. Yes, sir; I did everything I could to get 
out the vote. 

Q. How many do you think were turned away?—A. Tliat didn’t get to vote’ 
I was thinking something like 150. 

Q. And yet there were not over 1,000 on the register, I believe?—A No 
sir. • ’ 

Q. And not more than 750, you stated, before noon offered to vote?—A No 
sir. ’ 

Q. And yet, of this 750 there the whole day, during which time you were 
diligent, 150 were turned away?—A. Yes, sir. 

Q. Did they continue to vote up to the time of closing of the polls?—A. 
Yes, sir. 

Q. After standing in line all the time waiting to vote?—A. Wliv ves sir • 
I think so. .r, . , , 

(>. You encountered no disturbance that retarded the progress of the 
voting?—A. Yes, sir; I considered it the scrougdig and pushing of the crowd. 

Q. The pushing of the crowd was an effort to vote, wasn’t it?—A. I suppose so. 

Q. No fi"hts?—A. No, sir. 

Q, No riots or rows?—A.'No, sir. 

Q. And the only disturbance you saw was the effort of the men and women 
to get to the polls to vote?—A. Yes, sir. 

Q. You knew, Mr. Etird, that Big Lick and Furr precincts contained the 
largest Republican vote of the county, didn’t you?—A. Yes, sir; it appeared so. 

Q. Are you familiar with the number of voters in the Norwood precinct?— 
A. No, sir. 

Q. You know that there are as many as about a thousand voters at that 
place?—A. No, sir. 

Q. Did you hear of anybody’s being turned away and not having the privilege 
of voting at that precinct?—A. No, sir. 

Q. You did hear it said of Furr and Big Lick precincts?—A. Why, I don’t 
know that I did. 

Q. You know the largest precinct in the city of Albemarle—what the vote 
is?—A. No, sir; I don’t. 

Q. You never heard that there was any difficulty in all the people getting 
to vote there, did you?—A. No, sir. 

Q. The only difficulty occurred at the two large Republican precincts, to vvdt. 
Big Lick an(i Furr, so far as you heard?—A. I don’t know of any trouble; I 
hav'en’t heard of it. 

Cross-examination by J. R. Price : 

Q. Mr. Efird, Mr. Britt asked you this morning what you did with the 
absentee votes cast out there—I want to ask you if these absentee votes had 
the names of the voters written on the margin or on the back?—A, No, sir; 
I think not. I don’t think the names were. 

Q. Since the names was not written on the margin or back of the ticket, 
Mr. Etird, did you understand, and do you now understand, that the law 
required you to preserve these ballots and return them with your election 
returns?—A. No, sir; my understanding is they was not to be returned when 
they w’ere not indorsed. 

Q. If the.v had not been indorsed or their names written on the back of them, 
Mr. Etird, you couldn’t have known who voted them, could you?—A. No, sir. 

• Q. You couldn’t tell whose ticket it was and who voted it?—A. No. sir. 

Q. And there being no indorsement or their names not written on the margin 
there was no way whereby you could return the tickets with the certificates?— 
A. No, sir. 

Q. No way of identifying them?—A. No, sir. 

Q. You told Mr. Britt you didn’t allow anyone to inspect the books out 
there—why did you not allow anyone to inspect the books?—A. No one asked 
me to let them inspect them. 

Q. So, then, the reason you didn’t permit an inspection of the books was 
because nobody requested it?—A. Yes, sir. 


1372 


CAMPBELL VS. DOUGHTON. 


Q. You stated to Mr. Britt that there were about 150 turned away out there 
who didn’t get to vote—in that nuinher was about the same proportion of 
Democrats as Republicans as the vote runs? 

(Objection by the contestant.) 

A. Yes, sir; I suppose so. ^ 

Q.- Now, Mr. Efird, did you purposely and willfully intend to impede the 
progress of the casting of the ballots at that polling place that day?—A. No, 
sir; I did not. I did the very best I could. 

Q. Did you vote these people just as fast as you possibly could?—A. Yes, sir; 
under the circumstances. 

Q. Was that election, Mr. Ettrd, conducted fairly and squarely and was 
everybody treated fair that day?—A. Yes, sir. ' = 

(The contestant objects to that, for he is asking for a statement of opinion 
instead of a statement of facts.) 

Q. Is it not your opinion, Mr. Efird, that that election was conducted fairly 
and squarely, and is it not a fact that you know in your own mind that it 
was?—A. Yes, sir. - 

(The'contestant objects for the same reason as before.) 

Q. Was any complaint made to you by either of the judges of the election 
that the election was not being fairly conducted?—A, No, sir. 

Q. I ask you if you didn’t upon that occasion use every power in your means 
to expedite the business of that election and get along with it as speedily as 
possible?—A. I did. 

Q. You used every means in your power to that eifect?—A. Y'es, sir. . 

Q. This was the first election, I believe, where the ladies were permitted ,to 
vote?—A. Yes, sir. 

Q. They were inexperienced in the conduct of the election out there? 
Could you get along as fast voting them as you could the men?—A. No, sir; 
I think you could vote two men to one lady. 

Q. You stated to Mr. Britt that the names out there beginning with H ran to 
nearly 300 on your book?—A. Yes, sir. - 

Q. And it necessarily took some time to find the names beginning with H 
on your book?—A. Y’'es, sir. 

Q. And there are other names that require how many pages in your book, 
Mr. Efird?—A. Take the W’s;I suppose, I don’t know just how many, but 
there are a large number of them. 

(). About how many?—A. I would say 200 W’s. - • 

Q. And sometimes it took you some little time to find the names out of that 
200 W’s, and so on?—A. Yes, sir. • ; 

Redirect examination: ] 

Q. Mr. Efird, were these absentee votes that were cast out there people 
that lived in the precinct and who were ill or who were away ..from the 
place?—A. The most of them were ill. . , . 

. Q. They furnished you with affidavits of their illness?—A. Yes, sir. 

Q. The affidavit of themselves or their physician?—A. Yes, sir. 

Q. Where are these affidavits?—A. I suppose with the certificates in the regis¬ 
tration book. . ■ ’ ,; 

Q. You told Mr. Price awhile ago that they were straight ballots and not 
certificates. Now you state they were certificates. How is that?—A. I don’t 
understand. 

Q. Those that cast a .solid ballot by stating in tbeir certificate that they 
wanted to vote a straight Democratic or Republican ticket—with those was a 
ballot was there?—A. The bnllot was inclosed with the certificate. 

Q. Will you produce the.se certificates and affidavits?—A. Yes, sir; I can. I 
can’t right now. y 

Q. Now, referring to the polls. You say you found you could vote two men 
while you voted one woman?—A. Very nearly so. ’ 

Q. Are you married?—A. Yes, sir. 

Q. Aren’t you afraid to make a remarks like that?—A. No, sir. 

Q. Mr. Efird, you saw a few Democrats were denied the chance of voting?— 
A. No; I didn’t say a few. 

Q. How many?—A. I don’t know just how many. 

Q. Name some of them?—A. I think the- Democrats was a§ many in pro¬ 
portion as the Republicans. • 

Q. You stated before that there were three or four Republicans to one 
Democrat in that precinct?—A. Yes, sir; about three or four. ' 


CAMPBELL VS. DOUGHTON. 


1373 


Q. Assuming as you state that three or four Republicans voted every time 
a Democrat voted—every time one Democrat was denied the privilege of voting 
three or four Republicans were denied the privilege of voting? 

(Objection by the contestee.) 

Q. Isn’t that so?—A. Yes, sir; I think that would be fair. 

Recross examination: 

Q. Did you deny anybody of the right to vote that day?—A, No, sir; I didn’t 
unless it was a challenge. 

Q. So neither the Republicans or the Democrats were denied the right to 
vote by you unless they were challenged?—A. No, sir. ^ 

Redirect examination: 

Q. But some 150 didn’t get to vote—that is true, isn’t it?—A. Yes, sir. 

Mr. RAY SOSSAMON, being duly sworn, testified as follows: 

By J. J. Beitt : 

Q. Your name is Ray Sossamon?—A. Yes, sir. 

Q. Where do you live?—A. Furr Township. 

Q. Are you a voter there?—A. Yes, sir. 

Q. How long have you been a voter there?—A. I suppose for the last six or 
eight years. 

Q. State whether you were the registrar in that precinct for the last elec¬ 
tion.—A. I was. 

Q. Were you at the primary election?—A. I was not. 

Q. Who swore you as the registrar at the general election?—A. The clerk of 
the court. 

Q. You were also one of the poll holders?—A. Yes, sir. 

. Q. Were you sworn as a poll holder?—A. Yes, sir. 

Q. By whom?—A. You mean the morning of the election? R. W. Simpson. 

Q. Were the other poll holders sworn?—A. Yes, sir. 

Q. By the same person?—A. Yes, sir. 

Q. What was the total registration vote in your precinct, Mr. Sossamon?—A. 
I can’t just say about that. Over 900, I think. 

Q. Of that 900 or over how many did you register?—A. You don’t mean that 
I transcribed from the old book to the new? 

Q. No; I mean those that applied to you for registration.—A. I can't say— 
450 or 500. 

Q. All the women and many men, I assume?—A. Yes, sir; the ladies. 

Q. Did you deliver the oath to all the registrants?—A. Well, I think I did; 
yes, sir. 

Q. I ask if you didn’t enter the names of a great many women you never saw 
at all?—A. Well, no; I don’t think I did. 

Q. Do you mean to testify that every registrant appeared before you in per¬ 
son and took the oath?—A. Oh, no; I went to a good many. 

Q. My meaning is, were they present when you entered their names, is what 
I am talking about, on the registration book?—A. Well, no; not every time. A 
^;ood many instances I would go to their homes and only take a tablet along 
nnd take their names. 

Q. Did you see all the applicants for registration whose names you finally 
put on the book?—A. Well, no; I didn’t. 

Q. Well, now', I ask you if there,were as, many as 100 whose names you en¬ 
tered there that you never saw'?—A. No, sir. • 

Q. Were there 75?—^^A. No; I don’t think so. 

Q. Were there 50?—A. No; I- would say soniething like 25. 

Q. I ask if you don’t recall that a list was furnished you by other than you 
entered up?—A. Well, now, at one time I was away from home and some ladies 
wanted to register at Locust Level and I asked Mr. Claude Smith if he couldn’t 
do this for me. 

Q. Who is Mr. Claude Smith?—A. He was registrar before. 

Q. He was not under oath as any registrar at this time—‘you didn’t sw'ear 
him?—A. No, sir. 

Q. Now', I ask you wiiat qualifications you required the registrants to dis¬ 
close?—A. That they had been in the State tw'O years, Stanly County six 
months, and precinct four months. • *• 

Q. How old?—A. Tw'enty-one years old. 

Q. Anything about the payment of poll tax?—A. Prior to the 1st of May, 
1920. 


1374 


CAMPBELL VS. DOUGHTON. 


Q. They had to have all these qualifications to be voted, didn’t they?—^A. 
Why, yes, sir. 

Q. Please tell the record how you knew these people whom you didn’t see had 
these qualifications? As a matter of fact, you didn’t know and couldn’t know, 
did you, Mr. Sossamon?—A. Well, no. 

Q. There were at least, according to your statement, 25 on that list as to 
whose qualifications you officially knew nothing and know nothing at this 
date. That is true, isn’t it?—A. Yes, sir. 

Q. Mr. Sossamon, do you recall how many absentee votes there were at your 
precinct?—A. I don’t just now. 

(j. Just about how many?—A. I think seven or eight. 

Q. Do you know whether they sent in certificates when they wanted to vote 
a straight ticket or did they send in the ticket?—A. I think they sent the 
ticket. ' 

Q. Were these absentee voters residents and ill or were they away?—A. 
Some of them were away and some were ill. 

Q. Fi’om whom, if from anybody, did you get an absentee ballot or certificate 
for those that were away from the county?—A. One young man, Fletcher Lam¬ 
bert, he was off at school somewhere. 

Q. Flow did you receive his ballot?—A. By mail. 

Q. From him?—A. Yes, sir. 

Q. As to the others, what was the cause of their absence?—A. Some off at 
work and some at school and some sick. One young lady off at school. 

Q. How did you receive her ballot?—A. By mail. 

Q. From her?—A. Yes, sir. 

Q. Some of them off at work—how did you receive their ballots?—A. By 
mail. 

Q. From them?—A. Yes, sir. 

Q. The remainder were local voters who were absent on account of illness— 
did they furnish any affidavits or doctor’s certificates?—A. Yes, sir; doctor’s 
cei’titicates. 

Q. You have these certificates?—A. I turned them over to the clerk of the 
court. 

Q. What did you do with the remainder of the certificates and ballots other 
than those who lived there and were sick—the absentee ballots?—A. I turned 
all the certificates over to the clerk. 

Q. Turned them over to him by mail?—A. By hand. 

Q. Mr. Sossamon, I read section 5966 of the code of North Carolina, being a 
part of the election law, as follows: “Absentee voter may sign name to ballot; 
ballot and certificate to be kept.” “ In voting by the method prescribed in this 
article the voter may, at his election, sign or cause to be signed, Ir's name upon 
the margin or back of the ballot, or ballots, for the purpose of identification. 
The ballot or ballots so voted, together with the accompanying certificates, shall 
be returned in a sealed envelope by the registrar and poll holders, with their 
certificate of the result of the election, and kept for six months, or, in case of 
contest in the courts, until the results are finally determined,” Did you seal 
up any ballots and certificates and return them either to the chairman of the 
county board of elections or to the county board of canvassers or anybody else?— 
A. No, sir. 

Q. If that should be the law as to registrars and poll holders, you did not 
comply with this requirement in that particular?—A. No, sir. 

Q. IMr. Sossamon, you were at the polling place on the four Saturdays preced¬ 
ing the election, or the four Saturdays during the registration period, were 
you?—A. Yes, sir. 

Q. You registered all who came, regardless of party and sex?—A. Y^es, sir. 

Q. Then, at other times than these four Saturdays you went away from the 
polls and canvasso'd for registr.ants, did you?—A. I did if they wanted me to. 

Q. Is yours a large precinct?—A. Yes, sir. 

Q. How did you travel, in an automobile?—A. Yes, sir. 

Q. One of these immortal tin Lizzies—is that what you traveled in?—A. 
Yes, sir. 

Q. Sometimes called an automobile?—A. Yes, sir. 

Q. You think you put in as much as 10 days that way?—A. No, sir. 

Q. Five da.vs?—A. No, sir. 

Q. About how much time did you put in that way?—A. Two days and a half, 

I suppose. 

Q. A man can travel a long way in two and a half days in one of those tin 
Lizzies, can’t he?—A. I suppose so. 


CAMPBELL VS. DOUGHTON. 


1375 


Q. Did you take them house by house?—A. No, sir. 

Q. Did you register Mr. A. and Ids family, who were Democrats, and pass over 
Mr. B, and his family, who were Republicans?—A. I was requested—I was not 
requested to go to any Republicans. I registered all I was requested to. 

Q. You registered Democrats regardless of requests?—'A. Where they asked 
me to. 

Q. Where you could find them you registered them all, didn’t .you? What 
member of your party organization of the county suggested that you hunt them 
up and regi.ster them?—A. I don’t recollect that anyone did. 

Q. Was it your county chairman?—A. I don’t recollect anyone. 

Q. You took it .upon yourself?—A. My neighbors asked me to. 

Q. You were interested in the result of the election, of course, as a partisan, 
which is not a dishonorable thing, and you went over the precinct and regis¬ 
tered your friends of your party. Now, how many do you thuik you registered 
in that way, 200?—A. Well, I .iust can’t say. 

Q. You think 200?—A. No; I don’t think that many. 

Q. Hundred and fifty?—A. Possibly a hundred. 

Q. Did you register any Republicans while you were out so?—A. I regis¬ 
tered one Republican. Registered one night at Locust Level. Republican 
woman. 

Q. That is a village? In your travels abroad from the polling place into the 
precinct of Furr Townsh p you registered about 100 Democrats and 1 Repub¬ 
lican woman?—A. Yes, sir. 

Q. Do you know James Lambert?—A. I don’t know that I do. 

Q. You know a IMr. Ijambert who voted?—A. I know some. 

Q. They call him ’Squire Lambert?—A. Oh; yes, sir. 

Q. Didn’t he ask you to come to his house and register him or somebody 
there?—A. Not to my recollection. 

Q. You never went there, did you, to register anybody?—A. Some gentleman 
from back in that country asked me if I would come and stay all night- 

Q. You never went, d d you?—A. No, sir. 

Q. That was infested with Republicans very thickly, wasn’t it?—A. I guess so. 

Q. Do you remember any Republican suggesting he would furnish you an 
automobile if you would come up there and register them?—A. I don’t recollect 


about that. 

Q. Nobody said anything to you about that?—A. No, sir; I don’t remember. 

Q. Do you remember Arch Eudy mentioning that to you?—A. I was thinking 
it was Mr. Eudy or Mr. Hinson made that remark one Saturday morning. 

Q. You didn’t take them up?—A. No, sir. 

Q. Do you remember whether you made a visit to headquarters on or before 
the" electfon—the evening before the election—you and Mr. Claude Smith?—A. 
I was in Albemarle on that day, but I don’t think I was in the headquarters at 
all. 


Q. You understood that under the law- you were to open the polls at sun¬ 
rise?—A. Yes, sir. 

Q. As a matter of fact, what time did you open them?—A. Well, I would, 
think about 7.30. 

Q. Do you know what time the sun rose that morning?—A. I do not. 

Q. You were delayed in getting there?—A. I was. 

Q. How came you to be delayed, Mr. Sossamon?—A. The immortal tin Lizzie 
you were speaking of. 

Q. How far away from the polls did you live?—A. I don’t know .lust how far. 

Q. It delayed vou something like an hour and a half or more?—A. No, sir. 

Q. How long were you delayed?—A. I was at Stanfield at 7 or 7.05. 

Q. How far?—A. Three miles. 

Q. As you understand it, how many people were denied the privilege of voting 
there that day?—A. Wasn’t anyone denied. 

Q. How many failed to get the opportunity to vote at that time?—A. I cant 

say exactly. . , , 

Q. How many do you think?—A. On the registration book there are some¬ 
thing over 900, I think. 

Q How many of this 900 voted?—A. About 659. Something along there. 

(^ That would mean considerably over 200 who had applied and didn’t get 
the chance. There was no disturbance of any sort there, no riots? A. Well, 
no; only a little disturbance between the two judges. 

Q. You trie<l some challenges that day?—A. Yes, sir. 

Q. How many did you try?—A. Only two, I think. 


57695—21-88 



1376 


CAMPBELL. VS. DOUGHTON. 


Q. You went into the matter thoroughly and in detail?—A. Yes, sir. 

Q. You asked all the questions and brought out all the points, did you?— 
A. Tried to. 

Q. How many challenges did you try?—A. Only two. 

Q. You think you took up an hour in trying them?—^A. No, sir. 

Q. Three-quarters?—A. I would think 15 or 20. 

Q. Did you have any trouble in finding the names?—A. Yes, sir. 

Q. What was the cause?—A. It was so dark in the room. 

Q. Those names were all put on in your Iiandwriting?—A. Yes, sir. 

Q. You didn’t have any trouble reading them?—A, Not a bit. 

Q. How came the books back there in a dark place?— A. In the front of the 
building there were two windows, and the glass was broken out and some boards 
nailed across them, and Mr. Huneycutt said he didn’t want the boards tore off. 

Q. Why didn’t you stay before the windows?—A. The glass was broken out. 

Q. And you got away back in a dark corner?—A. I got in the other end. 

Q. It was pretty dark?—A. Yes, sir; it was rather dark. 

Q. And you had to hunt for the names with some labor and care?—A. Cer¬ 
tainly. 

Q. And the result was a great line of voters waited and couldn’t get to vote; 
is that so?—A. Yes, sir. 

Q. How did the vote stand there—as much as three or four Republicans to 
one Democrat?—A. I wouldn’t think it was that much—about two to one. 

Q. Were there any Democrats at all who didn’t get to vote?—^A. Why, yes, 
sir. 

Q. Do you know one?—A. I think so. 

Q. Give me one.—A. E. B. Smith was one. 

Q. Do you remember another?—A. I do. 

Q. Give me his name.—A. There was a good many that didn’t vote. 

Q. I am asking you for the name.—A. C. iVI. Moss didn’t vote. 

Q. Did he come to the polls to vote?—A. I don’t know that he did; he didn’t 
vote. 

Q. You don’t know that he was denied the privilege by any circumstances 
there?—A. No, sir. 

Q. Mr. Sossanion, don’t you know that Mr. Moss didn’t go to the polls?— 
A. No, sir. 

Q. Name another Democrat that was deprived of voting if you can, Mr. Sos¬ 
sanion, the eastbound train passed that place before you got there that morning, 
didn’t it?—A. No, sir. 

Q. Passed before you opened the polls?—A. No, sir. 

Q. Mr. Sossanion, if there were two or more Republicans to one Democrat, 
every time a Democrat failed to get to vote two Republicans failed to get to 
vote, didn’t they?—A. I guess so, 

Q. Do you know any reason why it happened that at Big Lick and Furr 
precincts, overwhelming Republican precincts, that they were the only ones in 
the county where everybody didn’t get to vote?—A. No, sir; I don’t. I haven’t 
heard. 

Q. You don’t know why that is true, do you?—A. I haven’t heard of any 
other. 

Q. I want you to please produce the tickets with the certificates of the 
affidavits of the absentee voters, and we will consider your testimony continued 
for the contestant for that purpose. 

Cross-examination by .1, R. Price: 

Q, Mr. Sossanion, you told Mr. Britt that there were some voters, I believe, 
about Locust or somewhere who wanted to register, and you were away, and 
you asked Mr. Claude Smith to take your book out there?—A. No, sir; he 
didn’t take the book. 

Q. How was that?—A. He didn’t carry the book; he went out and took their 
names. 

Q. He went out and took their names and brought them to you, and you put 
them on the book—you knew the people?—^A. I did. 

Q. Were they legally qualified voters?—A. They was. 

Q. Were any of them challenged by our Republican friends out here?—A. No, 
sir. 

Q. On the day of the election or at any time?—^A. No, sir. , 

Q. And so far as you know, they had the same opportunity to vote out there 
that any of the other registered voters had?—A. Yes, sir. I 


CAMPBELL VS. DOUGHTON. 


1377 


Q. You stated to Mr. Britt that you had used about two and a half days in 
registering^ voters away from the polls; did you refuse to go to anybody’s house, 
any Republican house, to make a registration when you were requested to go?— 
A. No, sir. 

Q. This riding and this registering that you did was done during the week when 
you were not required to remain at the polling place—so done and made at the 
request of the people that you went to see and register?—A. Yes, sir. 

Q. You said you voted that day about 659 or 660?—A. Somewhere around 
that— I don’t recollect. 

Q. You opened the polls at what time, did you say?—A. I said 7.30. 

Q. Do you know what time the sun rose that morning?—A. I don’t exactly 
know. I would think somewhere about 6.50 or 6.55. 

Q. Was there anybody at the polling place waiting to vote when you got 
there?—A. Yes, sir. 

Q. Did you keep the polls open after sundown?—A. I don’t know. I closed 
the polls at 5.35 or 5.40. 

Q. You opened the polls at 7.30 and closed at what time?—A. Five thirty-five, 
I would think. 

Q. During the progress of the election, from the time that you opened the 
polls that morning until the time that you closed that evening, did you get 
along. Mr. Sossamon, as fast as you could?—A. Y'es, sir. 

Q. t)id you in any way intetntionally delay the progress of the election?—A. 
I did not. 

Q. Did you and the other poll holders do everything in your power to ex¬ 
pedite matters and get along as fast as you could?—A. Yes, sir. 

Q. Was the election held by you and the other poll holders absolutely fair?— 
A. Yes, sir. 

Q. Was there any compla nt made to you on the part of either of the other 
poll holders that the conduct of the election was being unfairly made from time 
to time?—A. I didn’t hear any. 

Q. Would you say there was any delay any time during the day in the progress 
of the election?—A. Well, yes, sir; some delay. They made it a rule that the 
ladies should come in and lay their ballots on the box and the judges would put 
them in—they would lay them on the box and the judges to put them in, and that 
caused some delay. 

Q. Did the judges put these ballots in the proper boxes and properly?—A. Yes, 
sir. 

Q. What other delays, if any, did you have?—A. That was all, I guess. 

Q. It took some little time in looking up the names sometimes, and you tried 
to find them as quickly as possible?—A. Yes, sir; I did. 

Q. Now, you were conduct iig your election out there that day in a little 
house—hr)w large was that hoiise?—A. I don’t know. It was possibly 18 by 30. 

Q. It had two windows in the front which were covered over with boards?—A. 
Yes, sir; boards nailed over the windows. 

Q. No windows in the rear of that building?—A. No, sir. 

(}. About what point in that building were you and the election officers lo¬ 
cated?—A. I would say something like 6 or 8 feet from the rear. 

Q. If the voters had not been crowding around the doors so you would have 
had more light?—A. Yes, sir. 

(^ And vou could have gotten along faster?—A. I think so. Yes, sir. 

Q. Did vou have bailiffs out there?—A. Yes, sir. 

Q. Did you ask them to keep the door open so you would have more light and 
see better?—A. Yes, sir. 

Q. IMiat reply, INIr. Sossamon, did they make to you?—A. The one at the rear 
door said he was doing all he could to keep it clear. 

Q. How about the front door?—A. Didn’t make so much complaint about the 
front door. 

Q. All the light you had was through the doors?—A. That was all. 

Q. It was a rainy day?—A. Yes, sir. 

Q. Dark, and you couldn’t see well?—A. Yes, sir. 

Q But with the light that you had you could see well enough to vo.te from 
7.30 until 5.35 about 659 or 660 voters?—A. Something around that. 

Q. I ask you now, Mr. Sossamon, if that election was conducted fairly and 
squarely to everybody?—A. I think so. 

(Objection by the contestant. Request for opinion and not for facts.) 


1378 


CAMPBELL VS. DOUGHTOIT. 


Q. About when did you start out to spend these two and a half days in get¬ 
ting these voters’ names on the books—how long before the election?—A, I don’t 
recollect exactly. 

Q. Was it the weeks the books closed the following Saturday ?—A. No, sir; I 
think it was the week before that. 

Q. At that time were the most of the Republicans already registered?—A. Yes, 
sir, ,., 

Q. You had the ladies with you that day—the day of the election?—A. Yes, 
sir. 

Q. Did they vote as fast as the men?—A. Well, yes; I believe they did. 

Q. You did the very best you could?—A. I did. 

Q. And you didn’t intentionally or wilfully or otherwise impede the progress 
of the election?—A. No, sir. 

Redirect examination : 

Q. you say that Mr. Claude Smith took down about 25 names for you out 
there?—A. No, sir; I didn’t say 25. 

Q. How many do you say now?—A. I can’t say exactly how many. 

Q. You said awhile ago you knew they were qualified voters, though you 
didn’t see them; that is true?—A. Why, yes, sir. 

Q. You said awhile ago, in response to Mr. Price’s question, that you knew 
them—now commence and name them?—A. Well, I think, old man Ausburn- 

Q. How old is he?—A. Something over 60 years old, I think. 

Q. Who else?—A. Mrs. Jason Ausburn. 

Q. How old is she?—A. I would think about 40 years old. Mrs. Agnes 
Ausburn. 

Q. How’ old is she; she is a young woman at home, isn’t she?—A. Yes, sir. 

Q. Is she a student?—A. Twenty-twm years old, I believe. 

Q. How do you know?—A. I think it was 22. 

Q. How do you know she is qualified by virtue of age?—A. I know she is 
over 21 years old. 

Q. Name another?—A. Mrs. C. L. Smith. 

Q. How old is she?—A. About 25 or 30, I would think. 

Q. You don’t know her age?—A. No. 

Q. How can you swear to the ages of these people when you made no inquiry; 
how can you swear to their ages?—A. I didn’t say I would swear to their exact 
ages; I said about. 

Q. Mr. Sossamon, you said that you made it a rule that the women came in 
and laid their ballots down on the boxes; you did that in the interest of hurry¬ 
ing up things, didn’t you?—A. Yes, sir. , 

Q. You did hurry up things, didn’t you?—A. The best I could. 

Q. You did hurry things up, didn’t you?—A. Sometimes the two judges would 
stop me until they got caught up and got the tickets in the boxes. 

Q. You said awhile ago you never heard of any complaint from these people 
who were standing there at night time—they were perfectly satisfied at not get¬ 
ting to Vote?—A. Some of them were disagreeable about it. 

Q. Then you did hear considerable complaint, did you? What time did you 
get done counting there?—A. I don’t recollect. About 3 o’clock. No; it wasn’t 
that late. 

Q. I ask if you didn’t come to town in the meantime?—A. No, sir. 

Q. Did you send Mr. Claude Smith for any information?—A. I did. 

Q. What was it?—A. Some of them said Mr. Hathcock wanted to count the 
ballot that hadn’t been put in the boxes and I said we better send to Albemarle 
and get Mr. John D. Heath and Mr. Reynolds. 

Q. Was Mr. Hathcock the poll holder?—A. Yes, sir. 

Q. What ballots w'as there he was wanting to count?—A. The men that didn’t 
■get to vote. 

Q. You didn’t count anybody vote that didn’t come in?—A. No, sir; I think 
Mr. Green signed his report that way. 

Q. And you say about 659 voted in all?—A. I think so; yes. 

Q. And you mean to indicate here in your testimony that you, from about 
7.30 until 5.35, a time of about 10 hours, and during this 10 hours that you got 
in about 659 ballots—is that what you want to say?—A. Yes, sir. 

Recross-examination; 

Q. You sent somebody to town to see about these votes?—A. Yes, sir. 

Q. Who did you send?—A. Claude Smith. 

Q. Did the Republican poll holders send anybody?—A. They did. 



CAMPBELL VS. DOUGHTON. 


1379 


Q. Who did they send?—A. I think Mr. B. .J. Barbee. 

Q. What time did they get back?—A. About 11 o’clock, I think. 

Q. When you agreed you began to count?—A. We did. 

Q. You and your Democratic poll holder and the Republican poll holder all 
agree about it?—A. Yes, sir. 

Q. Did you sign the report?—A. I did. ' ■ 

Q. The Democratic poll holder and the Republican poll holder signed it with 
you?—A. Yes, sir. 


Mr. A. C. HUNEYCUTT, recalled, testified as follows: 
By J. J. Britt : 


Q. I show you a certain newspaper and ask’ you to identify it by name and 
date of publication?—A. The Badin Tribune, dated October 30, 1920. 

Q. And this is the new^spaper to which you referred in your direct testimony 
in the forenoon, relating to the so-called Harding picture?—A. Yes, sir. 

Q. I show you a certain newspaper and ask you to identify it by name and 
date of publication?—A. Stanly County News Herald, dated September 24, 
1920. 


Q. I ask if you are the editor of the two papers shown you and indentified 
by you?—A. Yes, sir. 

(Objection on the ground that the contestee has nothing whatever to do 
with it; that there is no evidence in the record connecting or tending to con¬ 
nect the contestee, Robert L. Doughton, with either of these publications, and 
is not relevant to the inquiry.) 

Mr. Britt. I offer for the record the Stanly County News-Herald of Sep¬ 
tember 24, 1920, and ask that that part of page 1, under the headline, “ Colored 
Women’s Rights Association gives good advice to Negro voters—Says that time 
has come when they must demand their rights and that they will be guaranteed 
by the Republican Party,” and asks that it be marked as “ Contestant’s Stanly 
County Exhibit No. 1.” 

I offer for the record the Badin Tribune of October 30, 1920, and ask that 
that part under the headline, “ Some of Ohio’s Republican candidates,” being 
an alleged picture, together with the printing beneath it, and ask that it be 
marked as “ Contestant’s Stanly County Exhibit No. 2.” 

(The contestee objects on the ground that he has nothing whatever to do 
with the publications above introduced and that there is no evidence in the 
record connecting or tending to connect the contestee, Robert L. Doughton, 
with either; that he had no knowledge of the same, and that they are not 
relevant to this inquiry.) 

In open hearings it is stipulated by and between contestant and contestee 
and their respective counsel that the reporter of the hearings shall be thd 
custodian of all documents and exhibits offered and admitted to the record, 
and that they shall be kept by her under her oath, and returned to the notary 
and commissioner of testimony with the testimony of the hearings at the time 
of its completion; and that they are to be certified by said notary and com¬ 
missioner of evidence along with, and as a part of, the testimony in the case. 

Q. Can you furnish a receipted bill or statement of the charge for that 
advertisenient, including that picture?—A. No; that was a cut from the Bier- 
man Engraving Go., and the bill was marked paid^possibly I have it. There 
was no charge for this sheet paid by Mr. Furr. 

Q. The charge was for the paper?—A. There was a whole lot of advertising 
in the paper. 

Q. You made a charge for the copies of the paper like this and you were 
paid. It contains this picture and contains other advertising—I am asking you 
to tell me what you received for the whole papers that you furnished; thd 
whole bill?—A. I don’t know that I can tell you. I have the bill for the 

cut, I think. . , ^ 

Q. I don’t recall this morning that you said that he paid for these extra 
copies of the paper including the advertisement are you talking about the 
extra copies of the issue containing the so-called Harding picture?—A. The 
only thing I^Ir. Furr paid me for was when he paid for the whole thing—the 


advertising in the paper. .. . -r 

Q. I am asking if you measured that advertisement?—A. I can measure it— 

for this I get $24 a page. 

Q.'Have you got a receipted bill for that?—A. The check that I got covered 
all the advertising that I carried during the whole campaign. 


1380 


CAMPBELL VS. DOUGHTON. 


Q. In how many issues of your paper did you carry other advertising?—A, 
I cairt tell you. I was carrying political advertisement from the time of the 
Morrison and Gardner campaign all the way along from the time it opened up. 

Q. Will you endeavor to make a calculation telling me what you received 
from the Democratic management for the advertisement you carried for them?— 
A. I would estimate it at $60 or $75. 

Q. So you would say you received from the Democratic management for that 
paper some $60 or $75?—A. Yes, sir. 

Q. Now, Mr. Huneycutt, how did you mail these extra copies—at the pound 
rate?—A. Mailed these copies in the Albemarle post office, putting a 2-cent 
stamp on each—1 cent stamp on each. 

Q. Were they all put on by you or put on at Democratic headquarters?—A. 
Put on in the News-Herald office. 

Q. And that came as a part of the business in your office? Were these stamps 
bought by you?—A. And put on by me—or by help in my office. 

Q. Do you recall that you put a 1-cent stamp on each?—A. I didn’t put a 
1-cent stamp on the ones to Badin, because they were forwarded to the post 
office and went in the regular way. 

Q. You mailed the others at Albemarle?—A. Yes, sir. 

Cross-examination by J. R. Price : 

Q. Mr. Huneycutt, I ask you if the contestee, Robert L. Doughton, had any¬ 
thing whatever in any way, shape, form, or fashion to do with the printing and 
the distribution of these papers?—A. Not that I know of. I didn’t know it, and 
don’t know it yet. 

Q. Did you ever hear tell of it?—A. No, sir. 

Q. Mr. Huneycutt, I asked you this morning when you were on the stand, 
something al)out some publications—propaganda or circulars that was being dis¬ 
tributed throughout Stanly County about McAdoo discharging a white girl and 
appointing a colored girl in her place, and about some propaganda charging 
Gov. Cox, Democratic candidate for President, teaching a Negro school—I ask 
you to refresh your memory and state now if you know or have heard anything 
about them? 

(Objection by the contestee because the question was asked before noon.) 

A. I don’t remember. I have a faint recollection of hearing something about 
the McAdoo circular, but I never did see it or if I did I don’t remember, but I 
did get a circular through the mail and say a number of others opening the 
same thing and looking at it. There was so many turned loose it was a joke 
on the square, and on Saturday afternoon or INIonday after this Badin Tribune 
came out, about this thing charging Mr. Cox with having taught a Negro school, 
and it went on to say, “ Come on. Democrats, with your n-gger stuff.” 

Q. You saw several parties open letters and find therein that kind of litera¬ 
ture?—A. Well, I saw several people with them and I heard several remark 
about getting them. 

Q. And they went on to say, “ Come on Democrats with your nigger stuff.”— 
A. “ Come on Democrats with your nigger stuff.” 

Q. Do you know who that was signed by?—A. No; I don’t remember whether 
it was signed or not. 

Redirect examination; 

Q. I ask if you don’t recall that the circulars you saw concerning Mr. Cox’s 
having taught a Negro school was an extract from the Literary Digest?—A. 
Y'es; I believe it said it was an extract from the Literary Digest; it quoted this 
extract and told where it was from. 

Q. You said awhile ago in response to INIr. Price’s question that Congressman 
Doughton had nothing whatever to do with the extensive publicat'on and cir¬ 
culation of the Badin Tribune introduced—we have made no suggestion that he 
had—but I ask you if Stanly County isn’t one of the nine counties in the eighth 
congressional district which INIr. Doughton now represents in Congress?—A. 
Yes, sir. 

Recross-examination: 

Q. Mr. Britt asked you if that propaganda or circular wasn’t taken from the 
Literary Digest and you said you thought it was; did the Literary Digest report 
of it contain the notation, “ Come on Democrats with your nigger stuff? ”—A. 
No; that was added to it. 


CAMPBELL VS. DOUGHTON. 


1381 


Redirect examination: 

Q. You don’t know anything about who published this—who circularized it— 
where it came from?—A. I am testifying under oath. I don’t know, but in a 
sense I do. I think I know, hut I can’t say that I do. The only way I know is 
what I heard here and yonder. 

Recross-examination: 

Q. Mr. Huneycutt, notwithstanding the publication of this Badin Tribune, as 
introduced, the Republicans in this county got a considerable majority in this 
election, didn’t they?—A. Yes, sir; I understand so. 

Q. Two years ago when this propaganda wasn’t out the Democrats got a 
majority, didn’t they?—A. Yes, sir. 

Q. So, Mr. Huneycutt, would you say that this propaganda took from the 
Republicans in this county one single, solitary vote?—A. I can’t say that it 
reduced the majority. One or two of the leading Republicans told me it made 
anywhere from 150 to 200 votes for the Republicans. 

Q. l^ou never heard of any Republican in Stanly County refusing to vote the 
Republican ticket on account of these two publications, did you?—A. I never 
heard that it reduced the majority any. 

Redirect examination : 

Q. You didn’t circularize it with the intention of increasing the Republican 
vote 150 or 200, did you?—A. No, sir. 

Q. And, as a matter of fact, while the Republicans carried Stanly County, 
the vote was practically doubled by the women’s vote, wasn’t it?—A. I suppose 
so. Maybe a little more. 

Q. And as a sort of general propos tion, the whole earth went Republican, 
didn’t it?—A. Seemed to have been a Republican landslide. 


Mr. M. M. TUCKER, being duly sworn, testified as follows: 


By Mr. I. R. Burleson ; 


Q. Your name is iVI. M. Tucker?—A. Yes. sir. 

Q. Where do you live?—A. Furr Township. 

Q. On the 2nd day of November, 1920, where was you at?—A. Stanfield. 

Q. Was you a voter in Furr Township?^A. Yes, s r. 

Q. What time was you at the polling place?—A. Before daylight. 

Q. State where or not you was there at the time the polls was opened?—A. 
I were there. 

Q. What time was the polls oi^ened for voting?—A. I can’t say exactly what 
time. 

Q. About what time?—A. It was 7.38 when the train were due from Char¬ 
lotte. 


Q. Did the train come east?—A. Y’'es, sir. 

Q. Had the polls opened at that time?—A. No, sir. 

Q. Where was the registrar at; had he come?—A. He hadn’t come. He hadn’t 
come yet. 

Q. How long after that until the registrar come and the polls opened? 

A. Well, Mr. Smith and Mr. Green went after Mr. Sossamon- 

Q. That was after the train passed?—A. Yes, sir; and they were gone 
about 10 minutes. I don’t know exactly how long they was gone until they 
come back to the polls. 

Q. About how long would you say, Mr. Tucker, after 7.38, after the tram 
passed until the polls was opened?—A. I would think something like 8.30. 

Q. When the polls opened?—A. Yes, sir. 

Q. Where waS the boxes placed for voting?—A. In the back end. 

Q. Who placed them there?—A. The registrar, I suppose. 

Q. Was it light or dark in the rear end?—A. It was dark. 

Q Was there more light in the front end of the building?—A. Yes, sir. 

Q. Was there any reason why they should have been put in the rear of 

the store?—A. Not unless they didn’t want to see. , « . 

Q. State about how fast the people voted there that day?—A. Well, they 
voted anywheres from 1 a minute to 20 . 

Q. One a minute to 1 every 20 minutes?—A. Yes, sir. , 4 . „ 

Q. State who was the bailiff at the door where the people entered for to 

vote?—A. John Yow or Will Yow and Jesse Ausburn. 



1382 


CAMPBELL VS. DOUGHTON. 


Q. State whether or not they was Democrats or Republicans?—A. Demo¬ 
crats. 

Q. About what time was the votes counted out?—A. They started counting 
right around 11 o’clock or midnight. 

Q. Did anyone ask tliat the votes on the outside of the building be counted 
as cast?—A. Not as ever I heard any tell of. 

Q. State what was the first you heard of that?—A. It was when Mr. Smith 
and Mr. Sossamon and myself and INIr. Beecher Barbee come to town and 
went back, and Mr. Smith told Mr. Sapp, was the first I heard of it. 

Q. About what time of night was that?—A. About 11 o’clock in C. C. 
Turner’s store. 

Q. State whether or not you got to vote?—A. Yes, I voted; went in the 
front door. 

Cross-examination by J. R, Price : 

Q. Do you know what time the sun rose that morning?—A. No; I don’t. 

Q. Do you know what time the sun set?—A. No, sir. 

Q. What time did you begin to vote people there?—A. Well, I suppose 
about 8.30. 

Q. Do you know when they quit?—A. It was right around sundown; it 
might have been a little bit before. 

Q. How come you to find out when they begun voting?—A. Well, the train 
went at 7.38 and it had gone down before ever Mr. Sossamon came; they went 
for him and were gone about 10 minutes, 

Q. You are just guessing at it; did you have any watch?—A. No, sir. 

Q. And nothing to measure the time by, and so you think they began at 
8.30 is just a guess on your part?—A. I would say in my judgment. 

Q. You don’t know whether they began at 8.30 or not?—A. I could tell 
pretty well. 

Q. Do you know how many votes were cast there that day?—A. About 650, 
I think. 

Q. How many people did that average voting per minute?—A. They voted 
from 1 a minute up to 1 every 20 minutes. 

Q. Averaging it up, Mr. Tucker, how long did it average to vote a man 
during the day?—A. I can’t say that, because sometimes they would vote 
about one a minute, and one time I noticed it was 20 minutes between. 

Q. About how many per minute did it average?—A. They voted faster 
sometimes than they did others. 

Q. How much of the time did it take 20 minutes to vote 1?—A. It wasn’t 
many times that it was that long—four or five times, or something like that. 

Q. Tell me this—did they average voting one man every five minutes 
throughout the day?—A. I suppose so. 

Q. Did they average voting one every four minutes?—A. I don’t know just 
what they voted. 

Q. You said you were paying attention?—A. At one time only—just one time 
I timed them. 

Q. You don’t know how fast they voted, do you?—A. It went on about that 
way all day. 

Q. If you watched it all day and was paying attention can’t you give me an 
op'nion satisfactory to yourself as to how many minutes it took to vote a man 
upon an average throughout the day?—A. I can’t testify to it. 

Q. Well, if they oi)ened the polls at 8.30 and closed at sundown, as you said 
they did, it would be nine hours, wouldn’t it?—A. I never said when they 
closed them. 

Q. Can’t you figure?—A. I can count a dozen eggs. 

(The contestee objects on the ground that it is a matter of calculation.) 

Q. Can’t you figure it; how many hours from 8.30 to sundown?—A. I can, 
but I am slow at figures. 

Q. How long?—A. I can’t tell you. 

Q. Eight-thirty to 12 Is three hours and a half, isn’t it?—A. Yes, sir. 

Q. And from 12 to 5.30 is five hours and a half—count it up—that makes 
nine hours, doesn’t it,—A. You are the one counting it. 

Q. That is right, ain't it?—A. I never said what time the polls closed. 

Q. Isn’t it a fact that you don’t know how fast they did vote there that 
day?—A. I know when I timed them. 

Q. Tell me how long you timed them?—A. Not very long. 

Q, About how long?—^A. About half an hour. 


CAMPBELL VS. DOUGHTON. 1383 

Q. M hose watch did you have?—A. I just don’t recollect. Somebody had the 
watch in the crowd. 

Q. And you borrowed the watch and timed them for half an hour, and that 
is the last time you timed them throughout the day?—A. I watched around 
there different times in the day. 

Q. How many did they vote in that half hour?—A. I wouldn’t say that. 

Q. How do you know how many they voted?—A. I just seed how iong it was 
between the time one man went in and another come out. 

Q. You timed them for half an hour and don’t know how many they 
voted with a borrowed watch?—A. No, sir. 

Mr. .JOSHUA TREECE, being duly sworn, testified as follows: 

By I. R. Bukleson : 

Q. Your name is Joshua Treece?—A. Yes, sir. 

Q. Where do you live?—A. Stanly County, Furr Township. 

Q. Are you an elector in Furr Township—you vote there?—A. I do. 

(}, Was you at the polling place on the 2d of November, 1920?—A. I was. 

Q. What time did you arrive there that morning?—A. I don’t know. It 
wasn’t light yet. 

Q. Now, Mr. Treece, you can state what time the registrar arrived there 
with the registration book?—A. I can’t do it. 

Q. About what time?—A. I didn’t have no watch. I was going by the 
height of the sun, and it appeared to be an hour or over. 

Q. State whether or not the train had done gone east?—A. Done went east 
before they opened. 

Q. Do you know what time the train come east?—A. I am not positive, but I 
believe about 7.38; I don’t know. 

Q. State whether or not it was some time after the train had passed east 
until the polls opened?—A. Yes, sir; some time. 

Q. Now, Mr. Treece state about the people voting there that day; did they 
vote fast or slow?—A, Some part of the time they got along looked like pretty 
good and sometime mighty slow. 

Q. How many times did it slow up and what time?—A. I can’t tell you. 

Q. About how many times would you say, Mr. Treece?—A. I couldn’t tell a 
thing about it only according to the time they come out. 

Q. Good many times?—A. Yes, sir. 

Q, About how long would they hold up and no one come out?—A. I had no 
watch, but I heard some one on the outside say 15 or 20 minutes. 

Q. State whether or not you saw Mrs. Wilson Bass out in the yard there 
wanting to vote?—A, No, sir; I didn’t. I know the registrar taken the registra¬ 
tion books out. 

Q. State where or not the voting stopped in the house when they went out in 
the yard.—A. Obliged to. 

Q. About how long was he gone out this time, Mr. Treece?—A. I don’t know. 
I didn’t pay strict attention to the time. 

Q. You wouldn’t want to make an estimate about how long?—A. I don’t know. 
Some little bit. 

Cross-examination by J. R. Price : 

Q. Y’’ou didn’t have a watch?—^A, No, sir. 

Q. And you don’t know what time the polls opened?—A. No, sir. 

Q, Was it cloudy that morning or not?—A. No, sir ; not right soon. You could 
see the impression the sun made against the sky. 

(j. Do you know what time the polls closed?—A. No, sir; but I judge right 
about sundown. 

Q. You don’t know what time by a watch?—A. No, sir. 

Q. You don’t know how many votes were cast out there?—A. No, sir. 

Q. And you don’t know how fast they voted, except as one came out and 

another went in?—A. I know it was slow. 

Q. You are a Republican, I believe?—A. Yes, sir. • 

Q. Did you see anybody out there, Mr. Treece, willfully or deliberately im¬ 

peding the progress of the election?—A. Well, I should think so. In the first 
place, I considered it was the proper thing for the registrar and the clerk on 
that day to leave the ballot boxes and their books and go out. 

(j. How many times did they leave?—A. The clerk left several times, but they 
only carried the books out once. 


1384 


CAMPBELL VS. DOUGHTON. 


Q. And that is what makes you think they were willfully and deliberately 
impeding? or holding up the progress of the election?—A. I thought so, and 
when the clerk was out everything else would stop; he would go out and go 
around, and when he went out the business would stop, 

Q. Where were you?—A. At the front door of the storehouse. 

Q. Were you one of the bailiffs?—A. Yes, sir, 

Q. They were trying to scrouge in there?—A. No, sir; they didn’t try to 
scrouge in very bad; once in a while a man would slip in and we would ask 
him to go out and he would go out. At the back door was where they come in. 

Q. You don’t mean to swear that the election officers willfully and maliciously 
tried to impede the progress of the elect'on?—A. I think it held them up. 

Q. How many votes you think they ought to have voted per minute? 

(Objection by the contestant.) 

Q. What do you think they ought to have voted per minute throughout the 
day?—A. It depends upon the activity of a man’s mind, and whether or not he 
reads his own handwriting. 

Q. It was rainy that day?—A. Yes, sir, 

Q. And they had the election there in a little house, and the door was pretty 
well crowded and they couldn’t see well?—A. When it got late they couldn’t. 

Q, In view of all the circumstances, don’t you think that if they voted one a 
minute from the time the polls opened until the time they closed, that would be 
a reasonably fair expedition of it?—A. I just don’t know, I never had any 
experience with the poll books. 

Redirect examination; 

Q, You know they could have done better if they had tried?—A. I think so. 

Q. Now, Mr. Treece, Mr. Price asked if you was one of the bailiffs; you was 
a bailiff at the door they went out at?—A. Yes, sir. 

Q. And the door they came in at was two Democrats?—A. Yes, sir. 

Q. Did you see any trouble with the electors there that day All the trouble 
was wanting to get in to vote?—A. Yes, sir. 

Q. No fight there or fusses?—A, No, sir. 

Mr. ARCH EURY, being duly sworn, testified as follows: 

By .1. J. Britt : 

Q. Your name is Arch Eury?—A. Yes, sir. 

Q. In what precinct do you live, IMr. Eury?—A. Furr Township. 

Q. What part of the time did you occupy there that day, Mr. Eury?—A.. 
I occupied all the day and ])art of the night—until the next morning. 

Q. You were one of the poll holders?—A. No. sir, 

Q. You were there on the ground?—A. Yes, sir. 

Q. Were you in the voting precinct—house there or out on the ground?—A. I 
was in the house about three times during the day. 

Q. What time did you get there?—A. I got there a little before daylight. 

(). Well, about what time did the registrar get there?—A. Well, I don’t know 
just exactly vhat time he got there. 

Q. About what time as you estimate time?—A. I judge it must have been 7 
o’clock or possibly later than that. 

Q. Had the train gone east at that time?—A. Yes, sir, 

Q. What time did it go?—A. I have heard it goes at 7.38. 

Q. You say they didn’t open until after the train went down?—A. No, sir. 

Q. And the registrar didn’t come until after that time?—A. I think not, sir. 

Q. Did you mean to say the registrar came at 7 or about 8?—A. He come 
after the train went at 7.38. 

Q. The only disturbance that you saw there that day among the voters was 
an effort to get in to vote?—A. Seemed to be that way, 

Q. The crowd was peaceable and orderly?—A. Seemed to be, except to press 
in and get through. 

Q. Did you notice how frequently and long they stopped between the votes?— 
A. Sometimes voted fast and sometimes got to dragging, 

Q. How often did this dragging come along?—A. Pretty frequently, 

Q. Did you see the registrar come out and leave his books?—A. No; but I 
saw him and the clerk come out. 

Q. Things stopped on the inside at that time?—A. I suppose so; had to. 

Q. What was he doing out there with his book?—A. He come out and voted 
a lady. 


CAMPBELL VS. DOUGHTON. 


1385 


Q. Just he and the clerk came?—A. Yes, sir. 

(}. I’oll Jiolclers didn’t come? The other poll holders?—A. No, sir 

Q. What lady was that?—A. Miss Wilson Bass. 

Q, Is she a Democrat or a Republican?—A. Democrat, I suppose. The old 
gentleman is. 

Q. And you recall that the poll holders didn’t come out?—A. No, sir; didn’t 
anyone but Mr. Smith and Mr. Sossamon. 

Q. Why did this lady not come in to vote?—A. I can’t tell you. 

Q. So the registrar and clerk came out for her convenience?—A. Seemed that 
way. 

(}. And stopped the whole line of voters going in?—A. That is right. 

Q. Mhat time did they quit in the evening?—A. I suppose about sundown. 

^ Q. Mr. Sossamon testified that he held open in the evening to make up the 
time—do you think the polls lasted any longer than sundown?—A. No, sir; 
I think not. 

Q. Think they were closed at sundown?—A. Yes, sir; I think so. 

Q. A large crowd there when they closed?—A. Yes, sir. 

Q. They hadn’t voted?—A Yes, sir. 

Q. And still they remained patient and didn’t have any big riot about any¬ 
thing?—A. No, sir. 

Q. Do you know how the vote has been between Mr. Campbell and Mr. 
Doughton—two or three to one?—A. Well I know just how they stood that 
morning, but I have just forgot. 

Q. Did they stand as high as to one for Campbell against Doughton?—A. I 
think so. 

Q. Who was the clerk on that occasion?—A. Mr. Claude Smith. 

Q. Didn’t you see him out in the yard frequently?—A. Yes, sT*; and I asked 
him what he was doing out there, and he said he had to come out there on some 
business, and I told him looked like he had business in the house. 

Q. Did the voting stop when he came out?—A. I don’t know. I were out 
doors. 

Cross-examination by R. L. Bkown : 

Q. How long before they stopped voting did they get a lamp?—A. I don’t 
know. Some little time I suppose. I were in the house one time when Mr. 
Smith spoke to a man about a lamp and wanted to know if he would stand good 
for the damage if it got knocked over. 

Q. Was Mr. Smith really wanting the lamp before they got it?—A. I didn’t 
know they had a lamp until they got ready to close. 

Q. Can you give us an idea about how long they voted by lamplight?—A. 
Well this were about the middle of the evening he spoke about the lamp. It 
got cloudy and dark. I don’t know when he got it. 

Q. You don’t know how long they voted by lamplight?—A. No, sir. 

Q. They went out in the yard to vote this lady—how long did that consume?— 
A. I suppose they were out there five minutes. 

Q. About how many men per minute would you say they voted on an aver¬ 
age?—A. That is just a hard question to answer. I want to answer straight 
if I answer anything. 

Q. Just your opinion.—^A. You mean how long did it take on an average to 
vote each one a minute? 

Q. Know how many minutes did it take to vote each voter, on an average, 
all day?—A. They voted about one a minute the way they ran, but they didn’t 
do that well part of the time. 

Q. About how many hours were the polls open?—A. Well, sir, I can’t tell 
you just exactly, but I think about eight hours. 

Q. You think they were not open longer than that?—A. No, sir; I don’t. 

Q. I believe you said the sun was not shinging in the afternoon?—^A. No,, 
sir; it was cloudy. 

QQ. You could’t tell whether the sun was down when the polls closed or 
not?—A. No, sir; some remark made about it when I walked in the house 
about whether it was sundown or not. 

Q. You think your estitmte of about one a minute is correct do you?—A. Yes, 
sir; I would think right about that. 

Q. Then if they only stayed open eight hours, one vote per minute would only 
give 480 votes wouldn’t it?—A. Yes, sir. 

Q. Then as a matter of fact they voted about 200 more than thjit?—A. Six 
hundred and fifty-seven. 


1386 


CAMPBELL VS. DOUGHTON. 


Q. Some 200 more than one a minute?—A. Yes, sir, 

Q. So then the average for tlie entire day was over one a minute?—A. Yes, 
sir. 

Redirect examination: 

Q. The voters, men and women, were in line there pressing close up against 
•one another waiting there for a chance to vote?—^A. Yes, sir. 

Q. And the only thing to do in voting'was for the registrar to call the name 
of the voter and that voter would put his ballot in the box?—A. As soon as 
they let one in the door, and they called h's name, he dropped his ballot in, 

Q. Now, I am going to name a minute of tune, and ask if you don’t think that 
the names could have been run alphabetically and had been found easily—I 
•am going to time a minute and ask if you don’t think they could have voted 
them much faster than they did if everything had been in readiness?—Now, I 
ask you if in that time, in your judgment, the names of at least half a dozen 
men and women might not have been called, and they laid the ballots down and 
passed on?—A. Yes, sir; I think so. 

Recross examination: 

Q. Mr, Eury you were there all day?—A. Yes, sir; and all night. 

Q. At any time would you state that you heard it as quiet around those polls 
as you have heard it here during the minute that has just passed.—A. Out of 
doors they was talking and laughing like a. crowd will. 

Q, Hollering?—A. No, sir. 

Q. Talking loud?—A. Pretty loud. 

Q. Any cursing?—A. No, sir. 

Q. There was no riot or disturbance out there?—A. Oh, none to hinder any¬ 
one from voting? 

Q. Was it that quiet on the inside where the voting was being done—as quiet 
as it has been during the minute times?—A. I don’t know; I wasn’t in there. 

Q. The three times you were in there, was it that quiet?—A. It seemed to be 
very quiet. 

Q. As quiet as it has been here during that minute?—A. It would be pretty 
hard for me to know whether it was or not; I wouldn’t want to answer. 

Q. Don’t you want to say?—A. I don’t think it was as quiet as it was here 
that minute. 

Q. Was all the voting done in one box?—A. Had five boxes, if I remember 
a-right. 

Q. The .“separate ballots in each box?—A. l^s, sir. 

Q. And these ballots had to be deposited?—A. Yes, sir, 

Q. The judges or registrar would tell the voters in which box to deposit their 
ballots in order to get them in the right boxes?—A. They said for the ladies to 
lay their ballots on the boxes and the judges would distribute them. 

Q. I don’t remember whether I asked you your politics?—A. I have been a 
Republican all my life. 

Redirect examination: 

Q. You say the crowd was lively and talking around out there?—A. Yes, sir. 

Q. And you didn’t see nor hear anything to hinder the registrar from calling 
out a name any time he wanted to call it?—A. No, sir. 

Q. And you didn’t .see anything to hinder the voter from going forward and 
dropping his ballot if he got a chance?—A. No, sir. 

Recross-examination: 

Q. When the registrar looking up the names and calling them out and the 
voter would come in or was he, would the voter come in and he would look up 
his name?—A. I think the voter came in the house. 

Q. And then his name was looked up?—A. Y'es, sir. 

Mr. DAN HATHCOCK, being duly sworn, testified as follows; 

By .1. .1. Reitt : 

Q. Your name is Dan Hathcock?—A. Yes, sir. 

Q. Where do you live?—A. Furr Township. 

Q. You were examined at Locust on Monday?—A. Yes, sir. 

Q. What time did you reach the polls the morning of the election?—A Before 
good light. 


CAMPBELL YS. DOUGHTON. 


1387 


I don’t know what time. It 
had a right to call in a new 

—A. I just would have called 


Q, What time did Mr. Sossamon get there?—A. 
was late, and the time was past, and I thought I 
registrar. 

Q. How did you attempt to get a new registrar? 
one, but he had the registration books. 

Q. Now, Mr. Hathcock, according to your best judgment, what hour of the 
day was it that Mr. Sossamon arrived there?—A. It was very near 8 o’clock 
and there was a lot of people there. 

Q. And they wanted to vote?—A. Yes, sir. 

Q. How high should you say the sun was?—A. I didn’t know as you could 
see the sun very well. 

Q. Describe the haste, or lack of haste, with which the voting was carried on 
out there?—A. I have served in the polls twice, being appointed by the sheriff^ 
and I think that was the slowest voting I ever saw done. 

(}. Who called the names off?—A. Mr. Sossamon part of the time and a part 
of the time Mr. Simpson. 

Q. Who is Mr. Simpson?—A. A notary public or a magistrate. 

Q. He wasn’t a poll holder?—A. No, sir. 

Q. He was a Democrat in politics?—A. Yes, sir. 

Q. Now, Mr. Hathcock, did they call out these names reasonably fast as they 
could call them?—A. No; I think my wife found her name before they called it. 

Q. Where was she?—A. She was looking on. 

Q. You have seen the demonstration made by counsel here as to the probable 
time required to vote—I ask you if, in your judgment and based upon what you 
saw there on that day and in previous elections, if these names had been 
called with reasonable rapidity, the voters standing there ready to vote, if not 
as many as half a dozen or more might not have been voted in a minute and 
their baUots laid down'i’—A. If their names had been found that fast. 

Q. If the names had been arranged alphabetically?—A. I don't think so. 
They \vas all mixed up. 

Q. Do you know how many times Mr, Smith went out with the registration 
book?—A. Only one time. 

Q, How many times did the clerk go out?—A. I can’t say. Probably a dozen 
times. 


Q. I ask you if there were not a number of intervals during the day when 
the voting was stopped?—A. Sure it was; and I demande<l them to hurry up. 

Q. What were these various intervals for?—A. I don’t know; just to let 
time pass. 

Q. I ask you if, in your judgment, they had used more diligence in voting both 
Democrats and Republicans couldn’t they have voted them all?—A. I think so. 

Q. Where were the books during the day?—A. Back in the rear end of the 
building. 

Q. Why?—A. I don’t know. 

Q. No light back there?—A. Nothing but a door. 

Q. No explanation as to why they were putting it back there—the boxes?— 
A. No, sir; only they just wanted to place it there. They never asked me about 
it, and I don’t know what was the cause of them going there. 

Q. The firs thing you noticed they were there?—A. Yes, sir. 

Q. When the names were called was there always a voter there ready?—A. 
Sure, except one or two times the bailiff didn’t let them in. The house was 
clear. 

Q. Why did the bailiff keep them out?—A. I can’t tell you. 

Q. Who were the bailiff's?—A. IMr. .Tohn Yow and .Tesse Ausburn. 

Q. Democrats or Republicans?—A. Both Democrats. 

Q. When the voter, man or woman, came up they would announce his or 
her name, and the question was to get that name on the registration book; is 
that right?—A. Yes, sir. 

Q. And he or she would lay the ballot down and step out and let another 
voter come?—A. Yes, sir. 

Q. If the names had been called off more rapidly, it wouldn’t have taken 
all (lay?—A. I think we could have got every one in there very easily if we 
could iiave got hold of them. 

Q. The whole 90?—A. Sure. We had large boxes made, with the entrances 
made so big it was no trouble to drop them in. Four years ago we had to take 
case knives and press the tickets in the boxes. 

Q. You didn’t have to press any in this time?—A. No, sir. 


1388 


CAMPBELL VS. DOUGHTON. 


Cross-examination by R. L. Bbown : 

Q. I believe you said Mr. Sossamon bad never served as registrar before. 
Do you know whether he has or not?—A. I think not. 

Q. I thought you were asked that a while ago.—A. No; I don’t think so. 
This is his first time, I think. 

Q. You say the names on the book were not arranged alphabetically?—A. No; 

I think not. Thev were all mixed up. 

Q. Mr. Hathcock. do you know anything about how many registrants there 
are in Furr Township whose names begin with the letter “ H ”?—A. I can’t tell 
you; good many, of course. 

Q. As many as 250?—A. I can’t tell you, Mr. Brown. 

Q. Men and women.—A. I can’t say. Probably might be that. 

Q. When Mr. Smith, the clerk, went out did the voting stop?—A. Yes, sir; 
right smart sometimes. The registrar would write a name and vote, and some¬ 
times the lady would write one, and sometimes stand and wait. 

Q. How much, Mr. Hathcock, would you say the absence of Mr. Smith from 
the room interfered with the progress of the voting?—A. I don’t know, but I 
believe he could have voted 25. 

Q. You think they could have voted 25 in that time?—A. I think so, fully; 
probably more. 

Q. Did you stay in the house all day?—A. Certainly. 

Q. Didn’t go out?—A. I went out one time in the afternoon. I wasn’t out 
five minutes. 

Q. How many voted while you were out?—A. I don’t know, but maybe one 
vote cast while I was out. 

Q. You testified at Locust the first part of the week in this same matter, 
didn’t you, Mr. Hathcock?—A. I think so. 

Q. Do you know whether you did or not?—A. Yes, sir; I think so. 

Q. You were sworn o\it there?—A. Yes, sir. 

Q. And were examined?—A. I think so; yes, s'r. 

Q. There was a rule made at your precinct that day that the ladies would 
vote first, was there not?—A. When it got to raining they agreed to let the 
ladies come into the house and vote first. 

Q. The men had to stand back and wait while the ladies-A. They let the 

ladies go in and vote. 

Q. And later on they announced that the old men would be allowed to 
vote?—A. I don’t know much about that rule. 

Q. It was established?—A. Yes, sir. 

Q. What time of day was that?—A. I suppose that was about in the middle 
of the evening. 

Q. About 3 o’clock?—A. The best I remember. 

Q. Mr. Hathcock, do you remember when Mr. Smith went out to take the 
vote of Mrs. Bass, as has been testified?—A. Yes, sir. 

Q. You consented to that?—A. Well, I don’t know that I did. I thought 
they had a right, as I thought she was sick, but I learned later she wasn’t 
sick. 

Q. You didn’t object to that manner of voting?—A. No, sir. 

Q. And they thought she was s'ck?—A. I don’t know about that. 

Q. As far as you know, they thought it?—A. As far as I know. 

Q. You thought she was sick?—A. Y’'es, sir. 

Q. I ask you if you didn’t testify the other day at Locust that there were 
two bailiffs at the rear door, one a Democrat and one a Rei)ublican?—A. It 
was a mistake. The Republican man was on the police force outside the door. 

Q. You did swear at Locust that there were two bailiffs at the rear door, a 
Democrat and a Republican? Answer that and make your explanation. A. 
Yes, sir; I answered you that way, but it had slipped my mind that the Re¬ 
publican man was out of doors. 

Mr. C. M. STURKEY, being duly sworn, testified, as follows: 

By J. J. Britt: 

Q. Your name is C. M. Sturkey?—A. Yes, sir. 

Q. Where do you live?—A. Badin, N. C. 

Q. State whether for awhile you were the registrar in that precinct?—A. I 
was. 

Q. How long did you serve?—A. Up until about dhe week before the books 
closed, I think. 



CAMPBELL VS. DOUGHTON. 


1389 


Q. Why did you resign?—A. Various and sundry reasons. 

Q. I-ot’s liave some of the various and then take up the sundry.—A. I held 
two positions one with the Tallassee Power Co. anti one with the Badin 
Tribune. I worked for the Tallassee Power Co. in the day and the Badin 
Tribune at night, and it was interfering with my duties in these two positions 
and interfering with my home life, and all the blamed cussedness connected 
with it. 

Q. Well, all things consideretl, it seems you had some ground for resigning. 
Do you recall how many names you entered?—A. No, sir. 

Q. Do you recall how many names there were on the registration book when 
it was given to you?—A. No, sir. 

Q. Did you serve on the four Saturdays?—A. I did not. 

Q. How many did you serve?—A. Three, I think. 

Q. Did you keep the books open at the polling place?—A. I did. 

Q. Did you go away from the polling place to register anybody?—A. I 
did, sir. 

Q. How many trips did you take away?—A. Why, I took one trip—^ladies 
would phone me and their husbands would come in and tell me their wives 
wanted to register, and several right there in town and sometimes quite a 
number would stop me going to and from dinner. 

Q. Did you spend the whole day on that trip?—A. Yes, sir. 

Q. How did you travel?—A. Via the Dort. 

Q. Did you take the people house by house?—A. I started to, but I got in¬ 
sulted and quit. 

Q. What was the nature of your serious insult?—A. I went to register a 
Bepublican lady and she insulted me. 

Q. What was the nature of your serious insult?—A. She proceeded to tell me 
what she thought of politics in general and especially the Democratic Party- 

Q. And you didn’t defer to her opinion?—A. I certainly did not. 

Q. Well, did that cause you to retreat?—A. It did. 

Q. And you didn’t go out any more?—A. I didn’t go to anyone I didn’t know 
personally. 

Q. Did you intend and in fact go to all registrants in person, or did you go 
merely to those in your own party?—A. I did not. 

Q. Did you go to all alike?—A. I did, sir. 

Q. And you did register some Republicans?—A. I certainly did. 

Q. Mr. Sturkey, you came into Albemarle just before or about the time of 
your resignation, didn’t you?—A. I did, .sir. 

Q. You came in with the chief of police, didn’t you?—A. I did not. 

Q. They requested your resignation?—A. No, sir; I suggested it. 

Q. Didn’t they give you any reason why they thought you ought to resign?— 
A. They accepted it upon my suggestion that I resign. 

Q. I ask you if you were requested by anyone—and if so, by whom—not to 
let anyone see your registration book?—A. Not to my knowledge. I don’t 
remember. 

Q. Did anybody ever discuss that with you?—A. Yes, sir. 

Q. Who was it?—A. Mr. Sapp, the chairman of the Republican Party. 

Q. Did Mr. Boyette ever ask you not to let anyone see your registration 
hook?—A. Not to my knowledge. 

Q. Did you let anyone see the registration book?—A. I think I have. 

Q. Who?—A. I don’t remember. 

Q. Did you regard that registration book as a public record or as a private 
record?—A. I was told the registration book was in my charge and I was 
always resix)nsible for it. 

Q. Who gave you these instructions?—A. I don’t know whether anyone gave 
them to me or not, or whether I read it, or how I came under the assumption. 

Q. Did Mr. John Boyette tell you that?—A. I don’t remember. 

Q. You don’t say he didn’t?—A. I don’t say he didn’t. 

Q. Did you refuse Mr. Sapp the right to inspect the registration book?— 
A. :Mr. Sapp came in and held quite a lengthy discourse upon his right to in¬ 
spect the book, but, as I remember, he didn’t make any special demand to see 
the book—merely a general argument as to whether he had the right to see 
the book. No specific demand to see; merely getting my ideas. 

Q. 1 ask you if it wasn’t at that time that you remarked that ISIr. Boyette 
had told you not to let anyone see the record?—A. I might have; I don’t 
remember it. 

Q. And, as a matter of fact, you didn’t let Mr. Sapp see it?—A. He didn’t 
iisk to see it. 



1390 


CAMPBELL VS. DOUGHTON. 


Q. You were discussing as to whether it was a private record?—A. I think so. 

Q. You are a business man. Supiwse you wanted to examine the records of 
the register of deeds of this town about certain matters here in the city of 
Albemarle and you didn’t belong to the political party to which the register 
belongs, wouldn’t you feel that you had a perfect right to see the records?— 
A. Yes, sir. 

Q. As a matter of fact, you would go in and help yourself to that record 
even if you knew that he was a member of the other political party?—^A. I 
certainly would. 

For the reason that you know that the record is a public record and 
belongs to men of all parties alike?—A. Yes, sir. 

Q. I ask if it isn’t like the public record of the voters of the precinct? 

(The contestee objects.) 

A. I wasn’t aware of it. I didn’t look at the matter in that light—that the 
books were public property. 

Q, I ask you to refresh your memory and see whether you had not been told 
that you had the right to keep them private and refuse inspection if you wanted 
to?—A. I don’t know whether I heard it that way or whether I read it. 

Q. You assisted in the preparation and publication and mailing of the copies 
of the Badin Tribune about which Mr. Huneycutt has told on the stand?—^A. No, 
sir; I didn’t. 

Q. What did you do in that connection?—A. I was merely managing editor. 

Q., You knew in that connection that they were sent out?—A. I did. 

Q. You knew about the order to send them out?—A. I did. 

Q. Did you help do the work?—A. I did not. 

Q. As managing editor, what did you do? What are your duties as managing 
editor?—A. I get the news at Badin and write up the advertisements at Badin— 
merely covering the Badin end of the newspaper., 

Q. Now, Mr. Sturkey, what did you understand to be the object of mailing 
out that large extra supply of the Badin Tribune on Saturday before the elec¬ 
tion? Mr. Huneycutt discussed that with you, didn’t he?—A. He did not. 

(). What did you understand to be the object?—A. The first time I knew 
about it I went in the office raising sand, because they hadn’t gotten the paper 
out and the shop foreman told me what they were doing. 

Q. The day of publication in the week for your paper was Thursday, wasn’t 
it?—A, Saturday. 

Q. 'Why were you raising sand, as you say, about its not coming out earlier?— 
A. We usually have the form made up by Friday night. 

Q. It was mailed on Saturday?—A. I think it was. 

Q. And you say you don’t know what it was being sent out for?—A. I told 
you my first knowledge was when I went in there. 

Q. Was that the first knowledge you had of the extra copies?—A. No; Mr. 
Huneycutt had phoned me previously that he was expecting to print some extra 
copies. 

Q. He never at any time advised you what was the object of printing these 
extra papers?—A. The telephone conversation was all. 

Q. You never knew why these extra copies of nearly 3,000 was J)eing printed 
and published until you got up here?—A. I knew from the telephone conversa¬ 
tion I had with Mr. Huneycutt that he was going to print some extra copies. 
He didn’t tell me what he was going to put in them—merely stated he was 
going to print the extra copies and use that as a leverage for advertising. 

Q. You formulated no objections in any way?—A. I did not. 

And what part did you take in the mailing, if any?—A. I didn’t take any 
part in the mailing. 

Q. You knew they were mailed.—A. I did. 

Q. Do you recall exactly where these papers were maileil?—A. I do not. 

(}. Were you still the registrar at that time?—^A. I was not. 

Q. You had resigned at that time?—A., Yes, sir. 

(The hearing here adjourned until 10 o’clock a. m., February 26, 1921.) 

Hearings opened before S. G. Howard, notary and commissioner of testimony, 
with Mrs. Sadie M. Leak as reporter, in the county courthouse of Albemarle, 
Stanly County, N. C., February 26, 1921, at 10 o’clock a. m. 

I’resent on behalf of contestant: Contestant James I. Campbell in person, 
James J. Britt, I. R. Burleson, W. E. Bogle, G. D. B. Reynolds, and W. L. 
Campbell. 

Present on behalf of contestee: Contestee Robert L. Doughton in person, J. R. 
Price, R. L. Brown, H. C. Turner, O. J. Sikes, R. L, Smith, and R. R. Ingram. 


CAMPBELL VS. DOUGHTON. 


1391 


In open hearings, in the presence of both contestant and contestee, James J. 
Britt, of counsel for the contestant, James I. Campbell, brings to the attention 
of the contestee and his counsel the matter of a resolution offered by counsel for 
contestee at the hearings herein at Locust, on IMonday, February 2i, concerning 
Mr, J. D, Lee, notary and commissioner of testimony at said hearing, and sug¬ 
gests to the contestee and his counsel that Mr. Lee is aggrieved by said resolu¬ 
tion ; that in the opinion of counsel for the contestant it is wholly immaterial 
and irrelevant and has no place in this record; that the said counsel for con¬ 
testant asks the contestee and his counsel that they agree that said irrelevant 
and personal resolution so made be stricken from the record, to which the con¬ 
testee and counsel refuse to assent. Whereupon James J. Britt, of counsel for 
the contestant, advises his client, James I. Campbell, contestant, in open hear¬ 
ing, that said matter is irrelevant and should be stricken from the record; that 
a copy thereof should be returned for presentation to the Committee on Elec¬ 
tions of the House of Representatives for their information and for such use as 
they may make thereof. 

The contestee, through his counsel, replying to the aforegoing statement, says 
that it has l)een made to appear that the said J. D. Lee, notary and commis¬ 
sioner, was and is an ardent supporter and partisan of the contestant and has 
been subp(enaed as a witness for the contestant in this contest, and counsel for 
contestant states in open court that the said .T. D. Lee, notary and commissioner, 
will be examined as a witness for the contestant; and it further appearing that 
the said J. D. Lee, notary and commissioner, is custodian of the evidence taken 
in the case while acting as notary and commissioner for the taking of evidence, 
the contestee desires to go on record as stating that in his opinion it is unfair 
and contrary to the rules of practice of any of the courts of our State for a 
person who is a witness and partisan in a case to act as notary and commis¬ 
sioner in taking evidence in said cause; and contestee therefore declines to con¬ 
sent for the motion or resolution olfered at Locust on Monday, February 21, to 
be stricken from the record. 

(The foregoing answer was not dictated to the record in open hearings, but 
at the time counsel for the contestant asked for the resolution to be stricken 
from the record counsel for the contestee announced that he would dictate and 
answer later, which is the foregoing.) 


Mr. J. C. DUNLAP, being duly sworn, testified as follows: 


By J. J. Britt : 


Q. Your name is J. C. Dunlap?—A. Yes, sir. 

Q. Where do you live?—A. Norwood. 

Q. In what voting precinct?—A. Center Township. Norwood precinct, I 
believe. 

Q. The township and the voting precinct are identical?—A. Yes, sir; they 
call it Norwood precinct and Center Township—only one precinct in all. 

Q. And you are a voter there?—A. Yes, sir. 

Q. State whether you were the registrar at the election on November 2, 
1920?—A. I was. 

Q. Had you been registrar at the primary in the summer?—A. I had. 

Q. As registrar of the primary election were you sworn?—A. Yes, sir. 

Q. By whom?—A. A notary public; Mr. Joe A. Lilly. 

Q. State whether at that time he was a candidate for sheriff?—A. Yes, sir; he 
was a candidate. 

Q. Were you sworn as registrar for the regular election held on November 

2?—A. Yes, sir. 

Q. Bv whom?—A. Same man. 

Q How many names of continuous voters appeared on the register at the time 
you took charge of it?—A. I don’t remember exactly; between four and five 


hundred. ^ 

Q Give the closest approximation?—A. Well, around 500, I expect. 

Q Your closest approximation is 500?—A. I think around that. 

Q. How many names of voters were added by you as registrar for the Novem¬ 
ber election?—A. About 400, I guess. 

Q. So the aggregate registration is something around 900?—A. Yes, sir, 

about 900. , ^ r. X , T i-i ^ 

Q. Were you at the polling place on the four Saturdays preceding the elec¬ 
tion—during the registration period as prescribed by law?—A. I was. 


57C95—21-89 



1392 


CAMPBELL VS. DOUGHTON. 


Q. From wliat hour to what hour?—A. Nine o’clock, I believe, until sundown. 

Q. What sort of huildin" is the voting jilace there?—A. Why, they just got a 
vacant storeroom for voting purposes. 

Q. What is your business?—A. Farmer. 

Q. So the polling place was not at your place of business?—A. No, sir. 

Q. How much time did you occupy other than the four days to which you have 
referred?—A. Some days when it was not dry and I couldn’t work on the farm. 

Q. Did you register all the men and women who made application to you for 
registration?—A. I did all the white men. 

Q. How many did you refuse registration, of any sort, and on what grounds?— 
A. I turned down two Negroes. 

Q. In registering voters did you appply the oath to all?—A. Yes, sir. 

Q. All who came?—A. I think I did to every one. If I didn’t, it was un- 
thoughtedly. My impression is I applied it to all. 

Q. What qualifications did you require to satisfy you before you entered their 
names as I'egistrants?—A. Been a resident of the State two years, Stanly 
County six months, and township four months. 

(y Anyth mg else?—A. Over 21 years of age. 

Q. Anything else?—A. No, sir, 

Q, You didn’t make any inquiry whether those between the ages of 21 and 50 
had or had not paid their poll tax?—A. No, sir. 

Q. How much time did you occupy with your duties as registrar away from 
the polling place in the canvass of registrants?—A. It might have been a day. 

Q. No more than a day?—A. I guess a day would about cover it. 

Q. How did you travel?—A. In an automobile. 

Q. Did you travel any of evenings or nighttime?—A. I didn’t travel any at 
night. 

Q. Did you register any registrants at nighttime?—A. I don’t know, sir. 

Q. At the polling place?—A. No, sir; that is one thing I didn’t do. 

Q. Did you go away from the polling place at the precinct and register any 
groups by appointment?—A, I did. 

Q. How many different times and how large were the groups?—A. I think 
one place maybe a dozen and one place I think about 17 or 18. 

Q, Where was the place where there were 17 or 18?—A. At Pee Dee School- 
house. 

Q. You gave public notice of it?—A. No, sir; T did not. 

Q. Didn’t announce it either by press or by letter or by circular to the general 
public?—A. No, sir. 

Q. How come you to go out to that place?—A. I was invited by the residents 
of that community. 

Q. These were all friends and partisans of Mr. Doughton, were they not, that 
invited you out?—A. I couldn’t tell you how they voted. 

Q. You knew the men and women that you registered?—A. Yes, sir; but I 
can’t tell you how they voted. 

Q. You knew whether they were reputed to be Republicans or Democrats, 
didn’t you?—A. I think most were reputed to he Democrats. 

Q. And it was they who invited you to come out?—A. No, sir; just one or two 
men invited me. 

Q. They were Democrats?—A. Yes, sir. 

Q. Did you register any Republicans on that occasion?—A. I don’t know 
whether any of them voted the Republican ticket or not. 

Q. I am not asking what you know. I mean the reputation of the politics of 
the voters. As a matter of fact, not a person belonging to the Republican Party, 
man or woman, was there?—A. No; I don’t know of any. 

Q. How can you account for it, Mr. Dunlap, that you ^officially went out to 
register a group of voters, 17 or 18, and they turned out to be all members of 
your party?—A. These parties that asked me out there just got those they 
wanted to register. 

Q. So far as you know, every man and woman that you registered on that 
occasion was a friend and partisan of Mr. Doughton, the contestee?—A. Yes, 
sir; so far as 1 know. 

Q. You went to another place where there were some dozen or so?—A. Yes, 
sir; at Fork Schoolhouse. 

Q. Did you give notice to the people of that?—A. No sir. 

Q. Circularize it?—A. No, sir. 

Q. Was it given out through the school?—A. I don’t know about it. 

Q. I say given out by you?—A. No, sir. 


CAMPBELL VS. DOUGHTON. 


1393 


Q. How many did you find in this particular group?—A. My recollection is 
about a dozen. 

Q. Men and women?—A. I think they were women. 

Q. One Republican in that group, wjisn’t there?—A. I think so. 

Q. Was it a man or woman?—A. Woman. 

Q. One Republican and the others Democrats?—A. Yes, sir. 

Q. Mr. Dunlap, a committee was appointed to get these groups together in 
both instances, wasn’t there?—A. I don’t know, sir. 

Q. Were you not present when the committee or person was suggesting the 
group?—A. No, sir. 

Q. You never heard of that?—A. No, sir; just one man asked me to come to 
those places. 

Q. With the one exception these were all friends and partisans of the con- 
testee, Mr. Doughton?—A. Yes, sir. 

Q. How many other occasions did. you register groups?—A. That was the only 
time. 

Q. Well, how many more did you get?—A. I don’t know. I expect 15, 20, 25. 

Q. You mean you went to that many homes—families?—A. Yes, sir. 

Q. When you started out on your itinerary to register those voters, suppose 
the first house is A’s and a Democratic family and the second is B’s and a 
Republican family, and alternated thereafter, you took them regularly and in 
order, house by house, did you?—A. No; I would like to state I was carried by 
different parties and went where they carried me. 

Q. Now, Mr. Dunlap, who carried you around?—A. Mr. Sam Lentz carried 
me one evening. 

Q. What position does he hold?—A. He is just a notary public. 

Q. Was he a candidate for anything?-—A. No, sir. 

Q. You don’t know of any position he holds?—A. Not at that time; no, sir. 

Q. Was he a candidate for any position?—A. No, sir. 

Q. He was an active friend and partisan of the contestee, was he?—A. I 
reckon so; he is a Democrat. 

Q. Like the Republicans, they were generally active?—A. Yes, sir. 

Q. Who carried you the second time?—A. Mr. .Toe A. Lilly. 

Q. Who is he?—A. He was a candidate for sheriff. 

Q. On what ticket?—A. Democratic ticket. 

Q. How many trips did he take you out?—A. Two, I believe. 

Q. No more, M. Dunlap?—A. No, sir; I don’t think so. 

Q. Did the Republican candidate for sheriff take you out on any of these 
trips?—A. No, sir. 

Q. Now, Mr. Dunlap, you have been registrar of elections before this?— 
A. Yes, sir. 

Q. May I ask your age?—A. Fifty-one. 

Q. You are thoroughly familiar with the requirements of the office of regis¬ 
trar of elections, are you not?—A. Fairly so, I reckon. 

Q. I ask you if under your oath and your understanding of your official duty 
you didn’t feel that under all the circumstances you were bound in duty alike to 
register Republicans and ITemocrats—to use the same diligence in looking them 
up ; did you or did you not?—A. I suppose so; yes, sir. But I wish to say that my 
duties were there at the polling place, and what time I took there, the Satur¬ 
days, the special days, the law required me to be there, and any other'time when 
I got out it didn’t make any difference where I went. 

(}. Any other time you got out you thought belonged to the Democratic 
Party?—A. No, sir. 

Q. I ask if you didn’t go out solely for the purpose of registering Demo¬ 
crats?—A. No, sir; I went around and registered Dr. Campbell’s wife. 

Q. Your registered Mrs. Dr. Campbell?—A. Yes, sir. 

Q. Mrs. Dr. Campbell came of a Democratic family, didn’t she?—A. Yes, sir. 

Q. It was pretty well norated around there that she was going to vote against 
her husband?—A. No, sir; I didn’t hear it. 

Q. You didn’t hear the talk around there that the doctoi*’s wife was going to 
vote against him?—A. No, sir. 

Q. Did you hear she was going to vote the Democratic ticket except for the 
doctor?—A. I don’t know that I did. 

Q. You did hear enough to make you feel interested that she be on the list 
with the remainder of the ticket, didn’t you?—A. No, sir; I never thought 
about that because I didn’t expect it. You asked me, Mr. Britt, about some 


1394 


CAMPBELL VS. DOUGHTON. 


groups—there was one little group I didn’t know it was a group at the time. 
I went to register a bedridden lady; her husband asked me to register her- 

Q. How far from the polling place?—A. Just inside the corporate limits, and 
I went down there and there happened to he two or three other ladies there, 
and I can’t tell you whether the others were Democrats or not. I just don’t 
know, I wasn’t well enough acquainted with them to know. 

Q. How many in that group?—A, I think four or five, maybe six. 

Q. You think to the best of your knowledge they were Democrats?—A. I 
don’t think so. 

Q. You don’t know to the contrary?—A. No, sir; but I have been under the 
impression they wasn’t all Democrats. 

Q. The lady that brought you down there was a Democrat—the lady that was 
bedridden?—A. l^es, sir. 

Q. Can you think of any other groups?—A. No, sir. 

Q. You have indicated that you went away from the polling place to register 
one Republican, to wit, the wife of the Republican candidate for Congress. 
In your trips away from the polling place to register the voters you pas.sed by a 
great many opportunities to register men and women, didn’t you?—A. I don’t 
think so. 

Q. Did you inquire whether in Republican communities you were passing 
by any Republicans—A. No. sir; I didn’t inquire, but I knew my route. 

Q. You know Mrs. Doug Shankle?—A. Y^’es, sir. 

Q. Y’ou went to her house?—A. Yes, sir. 

Q. I ask if you didn’t go away from her house without registering her?—A. 
I think so. She didn’t want to register. 

Q. Did you understand that she wanted to register?—A. Mr. Lilly told me 
that she might, and asked me to stop to see her. 

Q. I asked if after you got there and knew her you didn’t learn that she was 
a Republican?—A. No, sir; I never learned it; and she said she wasn’t, 

Q. Did you register her?—A. No, sir. Said her husband didn’t want her to 
vote, or wanted her to vote the Republican ticket, and she wasn’t going to do it. 

Q. And you didn’t feel much interested, did you?—A. I believe I advised 
her not to register. I said, “ If you husband wants you to vote the Republican 
ticket. I don’t want to get any trouble in the family’.’ She made the remark 
that if she voted the Democratic ticket it would cause trouble, and I said I 
didn’t want to cause any trouble. 

Q. Did you stop at the house of Mr. George Morris or C. B. Henderson or 
pass by?—A. I passed by. 

Q. You knew they were Republicans?—A. No, sir. 

Q. You knew they wanted to register?—A. No, sir. 

Q. They indicated that to you?—A. No, sir. 

Q. You were hunfng registrants; why didn’t you stop?—A. I told you I 
didn’t stop at Hender.son’s; I heard his wife say she wasn’t going to have any¬ 
thing to do with it. 

Q. Did she register and vote the Republican ticket?—A. No, sir; she didn’t. 

Q. How as to the other?—A. I don’t know whether she registeretl or not. 

Q. Y’^ou didn’t stop to inquire and offer your services?—A. No, sir. 

Q. You didn’t furnish them an opportunity on this trip?—A. No, sir. 

Q. Ylr. Dunlap, as a matter of fact, you thought that when you were away 
from the polling place your duties and functions belonged to the voters of the 
Democratic Party?—A. I did not, sir. 

Q. I ask if all you have sworn doesn’t indicate that? 

(Objection by the contestee.) 

Q. I ask if all you have recounted here as the result of your operations as 
registrar don’t indicate that you intended to give your services away from the 
polling place solely to the Democratic Party?—A. I told you I was in the hands 
of different parties who were carrying me around. 

Q. Exactly so; and they were Democrats and interested in the election of the 
contestee, were they not?—A. I reckon they were. 

Q. Mr. Dunlap, various members of the Rejniblican Party, including the 
contestant, made application to you from time to time for the privilege of 
seeing your registration books or getting a copy, didn’t they?—A. Did not, sir. 

Q. Nobody ever did?—A. Nobody ever asked me to see the registration books. 

Q, Ever asked you for a copy?—A. Not until after the challenge day—the 
last Saturday. 



CAMPBELL VS. DOUGHTON. 


1395 


Dr. Campbell, requested of voii a copy 
oto to paToffered to pay you for it?—A., Didn’t but one 



^ ^ ^l^LVS after that Mr! 

Kich Foreman met me and asked when can you get that copy, and I says 
just as soon as I can; I don’t kno^y just when that will be 

Q. That is, four men that came to you?—A. And they come to the plantation 
panting me to quit my work and go hack and make a copy, and I says “I 
haven t time,” ami they seemed to get a little nettled, and i says, “ I am’ not 
trjung to do anything to keep you out of a copy of the registration hook,” 

keeping them out all right enough?—A. And Campbell savs, 

^\hen can we get it?” and I says, “I will be through Saturday and you can 
get a copy.” 

Q. That was challenge day?—A. Yes, sir. 

Q. Mhat else? A. I says, “You be there on Saturday and can get a copy on 
Saturday.” 

Q. I ask you if at the time Mr. Lilly didn’t say, “ Mr. Dunlap, that will be too 
late to get the challenges out and canvass the vote.” Didn’t he say that?—A. I 
don’t remember whether he said that or not; he got pretty mad and started 
to say something and shut up—I don’t remember about that. 

Q. When did you give it to him?—A. They got it on Saturday. 

Q. What time of day and which Saturday was it?—A. Challenge day. 

Q. What time of day did they get the copy?—A. The time I was holding open 
the books for challenges. 

Q. M'hat time of day was it?—A. From 9 until 2, I think. 

Q. And notwithstanding the fact, as you have sworn, there were some 900 on 
that book and these gentlemen-were interested in seeing whether their friends 
were on there and ^^'hether there were any there that should not be there on 
either side, you held them off until the hours of challenge on challenge day 
before you gave them a copy of the registration book, notwithstanding the fact 
they had demanded it repeatedly and offered to pay you for it? Answer yes 
or no. 

(The contestee objects to the question, because it is not supported by the 
evidence.) 

Q. Mr. Dunlap, what did they tell you they wanted this list for?—A. Just 
wanted a copy. 

Q, They told j’ou they wanted it for use in the challenges, didn’t they?—A. I 
don’t think they said that. 

Q. And you knew they were friends of Dr. Campbell and interested in his 
election—everyone of them?—A. I guess so. 

Q. Answer that question. You knew they were friends of Dr. Campbell?— 
A. Yes, sir. 

Q. And you knew they were interested in his election?—A. Yes, sir. 

Q. But notwithstanding that you kept thorn from getting a copy of the 
reg stration book until the day of challenge, although they offered to pay you 
for it? 

(Objection by the contestee.) 

A, I didn’t hold them oft from getting to the hook. 

Q. Answer the question. A. I didn’t give them the copy. 

Q. They had demanded it repeatedly, hadn’t they?—A. Three times. 

Q. That is, I'epeatedly. Offered to pay you for it?—A. Said they would 
pay for it. 

(). You knew that they wanted it for the pui’pose of seeing who had reg- 
istei-ed and who had not?—A. I supposed they knew who had registei*ed ; they 
had been keephig irretty well up with it. 

Q. You think they already knew who had registered. How could they have 
known when they hadn’t seen the hook—how could they have known?—A. Well, 
judging fi-oin wiiat the man said who had been looking after the Republican 
voters, I supposed they had a list of voters and I didn’t think they cared a 
great amount about tlie Democrats. 

(). You have already said you registered and met different groups. How 
could you expect these gentlemen, if they were not with you—how could you 


1396 


CAMPBELL VS. DOUGHTON. 


expect them to know?—A. I said they knew about what Republicans had 
registered, and I didn’t think they were caring much about the Democrats. 

Q. How could they know who had registered when they were not with you 
and didn’t accompany you on these trips?—A. I think they w^ere pretty well 
up on the Republicans, because most oi: them had registered before I went out. 

Q. I ask if you did pass by the place Porters and didn’t stop to register 
Republican voters in that community?—A. No, sir; I didn’t stop at Porters. 

Q. Did you go to Mr. R. W. Ford’s a Democrat at that place, and register 
him and his wife?—A. No, sir. 

Q. Did you register anybody there?—A. Ford’s? No, sir. 

Q. Did you go to the house of Mr. John Mabry?—A. Yes, sir, 

Q. How many did you register there?—iA. Two. 

Q. They were Democrats?—A. I don’t know. 

Q. You don’t know^ what the reputation of their politics is?—A. I have heard 
his wife w^as Republican, 

Q. What is the family’s reputation as to politics?—A. Mr. Mabry is a 
Democrat. 

Q. You registered him?—A. No; his daughter. 

Q, State whether you passed by Miss Beulah Foreman and didn’t register 
her.—A. I don’t know'^ such a person in the wmrld. 

Q. Is there no such person on your list as Foreman?—A. I don’t know^ any 
there. 

Q. You knew she lived in that community, didn’t you?—A. No, sir. 

Q. Did you make any inquiry?—’A. No, sir. 

Q. Did you stop and register Mrs. Brack Thompson?—A, No, sir; not his 
wdfe, 

Q. You passed by his place?—A. It w’as night when w^e got back up there. 
When we were leaving the place we went to Mr. Mabry’s and left there and it 
w'as sundowm and w^e d'dn’t have time to stop anywdiere else. 

Q. I ask if you didn’t go to the back of Mrs. Ford’s and Mrs. Addor’s and 
if they w^ere not at home—w^ent there for the purpose of registering them?— 
A. I registered Mrs. Ad dor. 

Q. Where?—A. At her home? 

Q. Mrs. Ford?—A. Registered her at Norwood. 

Q, She lived at Porters and very near Mr. Brack Thompson?—A. I think 
so; yes, sir. 

Q. You didn’t call at Mr. Brack Thompson’s?—A. I didn’t go to Mrs. Ford’s, 
either. 

Q. You registered Mrs. Ford?—A. I registered her at Norwood. 

Q. Did you go to the home of Miss Betty Mabry?—A. I did not. 

Q. Why?—A. It was about dark when I got there. 

Q, She was a Republican?—A. I think so. " 

Q. She is a Republican, as a matter of fact?—A. I don’t know; I can’t tell 
you; my impression was she was a Democrat. 

Q. When you went to Mrs. Ford’s home, I ask if you didn’t find she was at 
Mr. Mabry’s picking cotton, and you went up there?—A. I don’t think I went to 
her home. 

Q. Did you go to Mr. Mabry’s?—A, Yes, sir. 

Q. He is a Democrat?—A. I didn’t register anybody there. 

Q. Did you go there?—A. Didn’t go to his house. 

Q. Wasn’t your mission up there to find Mrs. Ford?—A. I went to see her; 
yes, sir. I went to get word to her husband. I wasn’t out on registration busi¬ 
ness that evening. I was on the way to Albemarle. 

Q. Mr. Dunlap, how many absentee ballots were cast at Norwood?—A. Now, I 
have kept these all together, abstract and all. 

Q. How many were there?—A. I think three or four. 

Q. When did you turn in the envelopes and certificates of these absentee 
ballots?—A. Day before yesterday. 

Q. You turned in the registration book at the same time?—A. Yes, sir. 

Q. What disposition was made of the regular election ballots there, Mr. Dun¬ 
lap; I don’t mean the absentee ballots?—A. Left there and scattered over the 
house. 

Q. So, if it should be decided by the committee of the House that a recount 
of these ballots was necessary for any reason, they are not available?—A. No, 
sir. 

Q. You say you returned the absentee ballots and certificates, together with 
the registration book, day before yesterday; that is to say, February 24. To 


CAMPBELL YS. DOUGHTON. 


1897 


whom did you return them?—A. Carried them around to the clerk’s office, where 
I’ve always been leaving them. 

Q. You returned them to Mr. Little, the clerk of the court?—A. Yes, sir. 

Q. Did you think he was the proper custodian of them?—A. I didn’t pay any 
attention; that is where we had been carrying them all the time. I didn’t know 
any difference. 

Q. You knew the register of deeds, the present incumbent?—A. I never knew 
him until since he was elected. 

Q. You know he is now register?—A. Yes, sir. 

Q. You know he is a Republican?—A. Yes, sir. 

Q. You know the present clerk of the court, Mr. Little?—A. Yes, sir. 

Q. And you know he is a Democrat?—A. Yes, sir. 

Q. And you didn’t return these registration books to the register, but re¬ 
turned them to the clerk?—A. Yes, sir. 

Q. IMr. Dunlap, if what I now read to you should be the law, to wit, section 
5966 of the Revisal of North Carolina, being a part of the election law, as 
follows: Side head: “Absentee voters may sign name to ballot; ballot and 
certificate to be kept.” “ In voting by the method prescribed in this article 
the voter may, at his election, sign or cause to be signed, his name upon the 
margin or back of his ballot or ballots, for the purpose of identification. The 
ballot or ballots so voted, together with the accompanying certificates, shall be 
returned in a sealed envelope by the registrar and poll holders, with the certifi¬ 
cates as to the result of the election, and kept for six months, or in case of 
contest in the courts until the results are finally determined.” If that should 
be the law in regard to absentee ballots and the accompanying certificates, you 
did not comply with it, did you? 

(Ob.1ection, because that it is a question of law about which the courts of 
our State and about which every lawyer in North Carolina practically differs in 
opinion.) 

A. No, sir; I didn’t do according to that. 

Q. Did you register all the voters in your precinct yourself?—A. No, sir. 

Q. I mean for the year 1920, November election.—A. No, sir. 

Q. How many were registered by persons other than yourself?—A. Eight, I 
think. 

Q. By whom were they registered?—A. Mr. H. S. Freeman. 

Q. Was he a registrar?—A. No, sir; I merely deputized him to help me when 


up one evening—I had a 
getting late and I asked 


ad- 

ad- 


I had a rush. 

Q. Was he under oath?—A. Yes, sir. 

Q. Where did you get your authority to appoint a deputy registrar?—A. I 
just took that. 

Q. You just assumed that?—A. Yes, sir. 

Q. Why did you assume that?—A. I was pushed 
crowd and I couldn’t tend to them all and it was 
a man to tell Mr. P^reeman to take their names. 

Q. Then your statement in the beginning of your testimony that you 
ministered the oath to all registrants was a mistake?—A. I didn’t say I 
ministered it. but it was administered. 

Q. Mr. Dunlap, I ask you if as registrar in that precinct you seriously thought 
you had a right to appoint a deputy registrar, swear him, and let him swear 
voters—did you think you had that right ?—A. I didn t think there would be 
any trouble about takiiig the voters’ names under that circumstance. 

Q. How do you know these men were qualified at the time—the time the 
oath was administered to them?—A. I know them all. 

Q. How did you know of your own personal knowledge that they were 

qualified?—A. I knew them. 

Q. You don’t know whether all of them qualified or not?—A. Two of them 

I know. „ -rr 1 

Q. You don’t know anything about them, do you, Mr. Dunlap? You don t 

know_you do know that two of them were not?—A. I don’t think there was 

but om^one young fellow, Walters, that has been working as section man on 
the Norfolk-Southern Railroad. 

() I ask you, Mr. Dunlap, to take the registration book and bring to my atten¬ 
tion the naines that were registered by this deputy registrar?—A. I have got 


tlie names right here. ^ ^ 

Q I prefer your reading from the official list.—A. Mrs. .Toe S. Lee, Mrs. J. 
F. Cohson, Mrs. Plliza Hoiikins, Mrs. IMarshall Thompson, IMrs. T. L. Lisk, IMrs. 
H. R. Rummage, Flave Walters. 


1398 


CAMPBELL VS. DOUGHTON. 


Q. So these names are on tlie rej?istration hook hnt they were not registered 
an(l sworn hy yon?—A. No, sir. 

Q. Mr. Dunlap, have yon the certificates of absentee votes from your 
precinct?—A. I returned them with the registration book, sir. 

Q. Will yon please produce them? Mr. Dunlap, do yon know Mr. Lee 
Morgan?—A. Yes, sir. 

(The contestee objects as to the examination abont any except those set ont 
in the petition, to wit, M. V. Lowder, Charles Swearingen, Dnnlap Hathcock, 
and Mrs. Dnnlap Hathcock.) 

Q. Do yon know Mrs. Lee Manlden?—A. Yes, sir. 

Q. What was the nature of her absence?—A. I don’t know, sir. The certifi¬ 
cate says, sir, I think. 

Q. Yon don’t per.sonally know the nature of her absence?—A. I only had the 
certificates to go by. 

Q. Do yon know ]Mrs. Cnrtis Tlnssell?—A. That is not Mrs. Curtis Russell. 

Q. Do yon know the nature of his absence?—A. He was ont of the comity. 

Q. Where?—A. Down in Moore Comity. 

Q. How did yon receive his certificate?—A. Why, he brought it to me and 
left it with me; he .said he was going to he off. 

Q. When did he bring it?—A. Several days before the election. He had been 
working in Moore Comity and said he conldn’t possibly be there on the election 
day and filed his ticket with me. 

Q. D<i yon know Mrs. Fay Parker Hathcock?—A. Yes, sir. 

Q. What was the nature of her absence?—A. She lived in Washington. 

Q. How long has she been there?—A. Abont a year, I reckon. 

Q. Do yon know what her age is?—A. She is somewhere about over 21 years. 

Q. That is as old as the lady voters get, I guess?—A. Yes, sir; I suppose so. 

Q. Do yon know anything ahont her qualifications as to residence?—A. I 
have always understood that the people living in Washington had to vote where 
they claimed their home was. 

Q. It was yonr understanding as a registrar that a married voter registers for 
voting purposes—that their residence for voting purposes is where the family 
resides?—A. That is the case outside of Washington. I know the people at 
Washington vote hack at their homes. 

Q. Yon don’t know anything ahont their qnalification.s, but yon do know^ that 
is a fact? Do yon know Dnnlap Hathcock?—A. Yes, sir. 

Q. What was the cause of his absence?—A. Living in Washington. 

Q. Do yon know whether he possesses the requisite qualifications, to vote?— 
A. He was on the registrafon hook for some time. 

Q. What is his age?—A. Twenty-four or five. 

Q. Do yon know whether he had paid his poll tax?—A. I don’t know. He 
was in Government service. 

Q. And it was yonr understanding that being in Government service ex¬ 
empted him?—A. The county comm’ssioners had relieved the sold’ers of the 
poll tax and I called the judge’s attention to it, and he said he wasn’t going to 
object to any of those hoys voting. 

0- Did they present any certificate from the hoard of comity commission¬ 
ers?—A. No, sir. 

Q. I ask if, as a matter of fact, he had not been ont of the State for the last 
five years?—A. I don’t remember; it has been several years. 

Q. I ask if he has paid any imll tax in the county of Stanly for the last four 
or five years?—A. I don’t know; th's is the first time he voted. 

Q. He voted, having been out of the State and without paying poll tax, so 
far as yon know, and no certificate of the board of count.v commissioners ex¬ 
empting him?—A. No, sir. 

Q. Do yon know M. V. TiOwder?—A. Yes. sir. 

Q. What was the nature of his absence?—A. He is working at Raleigh—was 
right at the time. 

Q. How long has he been in Raleigh?—A. I don’t know, sir. 

Q. Wdiat was the nature of his employment in Raleigh?—A. I don’t know, 
sir. He worked part of last year on his mother’s place at Norwood. 

Q. Do yon know his a.ge?—A. He is past 21, sir. 

Q. Do .von know anything ahont the payment of his poll tax?—A. Yes, sir; 
he paid his poll tax. 

Q. Yon thiidv he has been out of the county for 18 months to two years’—A 
No, sir. 


CAMPBELL VS. DOUGHTON. 


1399 


Q. How long?—A. I don’t know exactly how long. He has been coining back 
and forth. 

Q. I ask if he had not been out of the county for more than six months at 
the t;me of the election?—A. I don’t know that, tie was in and our. 

Q. He has stayed at his occupation or employment continuously in Raleigh?— 
A. He has been for some time. 

Q. Do you know Charles Swearingen?—A. Yes, sir. 

Q. What was the nature of his absence?—A. I think he was over in Char¬ 
lotte. 

Q. What did he do, Mr. Dunlap? What was he doing then?—A. Over there 
at school. 

Q. How long had he been over there?—A. I don’t know. 

Q. What is his age?—A. Over 21. 

Q. Had he paid his poll tax?—A. I don’t know whether he had or had not 
done so. 

Q. Did he show anj^ certificate of exemption from the commissioners of 
Stanly County?—A. No, sir. 

Q. Did he vote for Mr. Doughton?—A. Yes, sir. 

Q. I ask you if you don’t know that he moved to the State of Ohio?—A. He; 
went out there and worked a little bit, but he considered Norwood his home. 

Q. How do you know?—A. He was in and out. 

Q. He is a single man?—A. Yes, sir. 

Q. And his occupation carried him away from home for how long?—A. I 
don’t know. 

Q. Been away over six months?—A. I just don’t whether he has or not. 

Q. You don’t recall seeing him in Norwood within six months before the 
election, do you?—A. Why, he was there some time before the election. 

Q. You don’t swear he was there within six months, do you?—A. Yes, sir; 
he was there within six months. 

Q. How did IMr. Dunlap and his wife vote—for whom for Congress?—A. 
Voted for Doughton. 

Q. For whom did Charlie Swearingen vote?—A. I think he voted for 
Doughton. 

Q. For whom did Swearingen vote?—A. I think he voted for Dougton. 

Q. For whom did M. V. liOwder vote?—A. He voted for Doughton. 

Cross-examination by R. L. Smith : 

Q. Mr. Dunlap, do you know what Charlie Swearingen was doing in the 
State of Ohio—what he was there for?—A. I think he worked out there in a 
rubber factory for a while. 

Q. Learning a trade?—A. Yes, sir. 

Q. And you say he considered Norwood his home. He was a soldier?—A. 
Yes, sir; he said he considered Norwood his home. 

•Q. Single man?—A. Y’^es sir. 

Q. He was a soldier boy?—A. Yes, sir. 

Q. You Siiy Dunlap Hathcock and his wife were in Government service in 
Washington?—A. Yes, sir. 

Q. Had been for some time?—A. Yes, sir. 

Q. Do you know where they considered their real home?—A. I would sup¬ 
pose they would consider Norwood their home—graves there and never had any 
home anywhere else. 

Q. M. V. Lowder—where was his home; where does his mother or father 
live?—A. Close to Norwood. 

Q.- Do you know whether he was a soldier or not?—A. No, sir; he wasn’t; he 
come while his brother was off to help his mother with the farm. 

Q. You say he considered Norwood his home—was working there tempora¬ 
rily?—A. Yes, sir. * . , ^ v 

Q. Mr. Dunlap, do you know the politics of the seven or eight voters who 

were registered bv Mr. H. S. Freeman ! —A. Seven of them, and five weie Re- 
])ublicans and two Democrats. 

Q. Can you give me the names of each?—A. Mrs. .Toe S. Lee. 

Q. What is she?—A. Republican. „ 

Q. INIrs. .T. F. Colson; she is a Democrat.—A. INIrs. Eliza Hopkins, Republi¬ 
can; Mrs. INIarshall Thompson, Democrat; Mrs. T. Ij. Lisk, Republican, Mis. 
H. L Rummage, Republican; and Flave Walters, Republican. 

Q. So, then, of these seven names who were registered by your assistant 
five were Republicans and two were Democrats? A. Yes, sii. 


1400 


CAMPBELL VS. DOUGHTON. 


Q. And you say there was a rush there and you appointed him your assistant 
because you wanted to give the voters an opportunity to register?—A. Yes, sir. 

Q. I ask you if on election day or prior to election day any of these voters 
were challenged by either party?—A. No, sir, 

Q. I ask you if any of these absentee votes that of Mr. Dunlap Hathcock and 
his wife and the others forwarded to you whether any of them were chal¬ 
lenged?—A. They were not, sir. INlr, Lee, the Republican .judge, said he wasn’t 
going to challenge them; said he thought they had a right to vote somewhere. 

Q. That was Joe D. Lee?—A. Yes. sir. 

Q. I ask you if M. V. Lowder’s vote was challenged?—A. He was not. 

Q. Notlnng said in regard to him?—A. Sa d he ought to have a right to vote 
somewhere. 

Q. I ask if Charlie Swearingen’s vote was challenged?—A. No, sir; said he 
wasn’t going to challenge him; said he ought to be allowed to vote there. 

Q, Nothing said about Mr. Swearingen or any of them voting the Republican 
or Democratic ticket?—A. No, sir. 

Q. I ask you, Mr. Dunlap, if all the voters in Center Township had an op¬ 
portunity to register if they wished to do so?—A. I think so, sir. 

Q. I ask you if you know of a single Republican voter, white voter, in Center 
Township, who was deprived of the right To register?—A. I do not know of one. 

Q, I believe you said there were only two colored voters who presented 
themselves for registration?—A. 1 think two was all. 

Q. And they were not able to register on account of some qualifications?—A. 
Yes, sir. 

Q. I ask if in going around to register voters for this year was everything 
done—was the largest per cent of voters registered at this time?—A. It was. 

Q, I ask if at that time practically all the voters had not registered—the 
Republican voters, I mean?—A. A good part of them. The most of them, 

Q. I ask if you had any request from any Republican voter, or anyone you 
thought a Republican voter, to come to his house and register them and you 
refused to do so?—A. I did not, sir. 

Q. I ask you, Mr. Dunlap, if in your opinion as registrar and poll holder, 
whether or not the election held in Center Township was fair and regular in 
every re.spect?—A. Yes, sir; so far as I know, 

Q. I ask you if you know of any advantage that was taken, in any way, of 
the contestant. Dr. Campbell, in allowing him to handle or count his boxes?—A. 
No, sir; I think the advantage was given to him. 

Q. State what advantage it was given, if any.—A. He counted out his own 
boxes and had the men to look at it that voted for him, and it looked like he 
was given the advantage. 

Q. He took the boxes to count his own votes?—A. He did. 

Q. Who looked at him count?—A. W. T. Efird. 

Q. State whether he was a friend or partisan of Dr. Campbell.—A. I think 
he was, 

Q. State whether he was working for him prior to the election.—A. I had 
heard that he did. 

Q. State who else, if anybody, handled those boxes.—A. I don’t remember 
anybod.v else. 

Q. Wbo scored?—A. Mr, Martin McKenzie, 

Q. State how Dr. Campbell’s vote at Center precinct compared with the other 
Republican votes at Center precinct, if you know.—A. He went a good bit 
ahead, 

Q. You think there was no advantage taken of Dr. Campbell in that elec¬ 
tion?—A. It didn’t seem so. 

Q. That was his own precinct?—A. Yes, sir. 

Redirect examination: 

Q. You say that group that was registered by Mr. Freeman contained five 
Republicans and two Democrats, so that vote stood two and a half Republican 
to one Democrat, and since it stood in that ratio it didn’t make a rap’s differ¬ 
ence who registered them?—A. No, sir; we wasn’t after that. I didn’t know 
they were that way until afterwards. 

Q. INIr. Dunlap, how many votes were actually cast—the greatest number of 
votes—well about how many, if you know?—A. Something about 850, sir. 

Q* Iri what ratio did the Doughton-Campbell vote stand there—how many 
Republicans to one Democrat?—A. Campbell got 329 and Dougbton 520 I 
believe. ’ 


CAMPBELL VS. DOUGHTON. 1401 

Q. Very nearly two to one? Yon had no difficulty in casting all those ballots 
and counting them within the required time?—A. No, sir. 

Q. Nobody was left at the close of the polls waiting to vote?—A. No, sir. 

Q. y)u were practically done by 1 o’clock, weren’t you?—A. I think it was a 
little later than that. 

Q. Ihe great hulk of your votes was cast by the early afternoon?—A. Yes^ 
sir; but I Avould hate to go through with it again that way. 

Q. You could have cast several hundred more?—A. Oh, yes, sir; we had to 
change poll holders to do it. 

Q. It you had had 400 or 500 more you could have gotten them voted in the 
time?—A. I think so. 

Recross-examination: 

Q. IMr. Dunlap, there was no disturbance at your polls that day, was there?— 
A. No, sir. 

Q. In other words, the voters stood back and allowed evervbodv to enter in 
an orderly way?—A. Yes, sir. 

Q. That was a large Democratic precinct?—A. Yes, sir. 

Q. A.nd everything was carried out orderly?—A. Yes, sir. 

Q. No rushing of the polls at any time—were the people crowding around?— 
A. We didn’t let them. 

Redirect examination ; 

Q. All your voters of both parties, then, are orderly people?—A. We have no 
trouble. 

Q. Mr. Dunlap, you made answer to the effect that Dr. Campbell assisted in 
counting his vote. I ask you if it isn’t true that Mr. J. T. Turner stood and 
assisted him?—A. No, sir. 

Q. Was he in there?—A. He might have been part of the time. 

Q. You stated that on account of local popularity Dr. Campbell wohld go 
ahead of his ticket; is that usual?—A. Last time he ran he didn’t go ahead. 

Q. This time he did? 

Recross-examination; 

Q. Did he count his ballots last time last election?—A. Yes, .sir. 

Redirect examination: 

Q. You don’t mean any imputation on Dr. Campbell?—A. No, sir. 

Mr. J. D. LEE, being duly sworn, testified as follows; 

By J. J. Britt : 

Q. Your name is J. D. Lee?—A. Yes, sir. 

Q. Where do you live?—A. Norwood. 

Q. State whether you vote there?—A. Yes, sir. 

Q. How long have you been a voter there?—A. A good while. 

Q. About how long?—A. I have been a voter there 10* years—since 1908, I 
believe. 

Q. Are you a Republican in politics?—A. Yes, sir. 

Q. And you voted for Dr. Campbell at the election?—A. Yes, sir. 

Q. And you were active in his interest?—^A. Y'^es, sir. 

Q. Mr. Lee, state in your own words any effort that you made or have knowl¬ 
edge of being made to secure a copy of the registration book from Mr. Dunlap, 
the registrar in your precinct?—A. On Saturday, the day that they dossed- 

Q. Closed registration?—A. l^es, sir. Mr. Will Lentz and myself went to Mr. 
Duidap and said to him, “We want to get a copy of the registration book, full 
copy, and we will pay you for it, now or later.” Mr. Dunlap says, “ I have not 
finished transcrJnng the names.” and says, “ I want to do that, and at the same 
time I will make a copy for you.” And I says, “About when can you make it? ” 
And he says, “ I will try to get it up for you Monday, as quick as I can.” 

Q. That was on the last Saturday of registration?—A. Last Saturday of regis¬ 
tration. 

Q. That is to say, the Saturday before challenge day?—A. One week before 
challenge day. 

Q. ^^4iat did you want with a copy of the registration book?—A. We wanted 
to see who was on the registration book and see whether or not they were legal 
voters, and whether we wanted to challenge them for any cause. 

Q. Iq) to this date, you say, no one on behalf of Dr. Campbell had been per¬ 
mitted to get a copy?—A. I didn’t ask for any, and I don’t think anybody had. 


1402 


CAMPBELL VS. DOUGHTON. 


We just took it up with Mr. Dunlap, and took it that he would give us a copy. 
We were right good neighbors, and all, and I just took it for granted I didn’t 
think he would refuse us. Well, he didn’t refuse as then- 

Q. What further efforts, if any, did you make?—A. I went to see him Tuesday 
night, and they were holding a meeting in the I’oom both parties use, and I 
sent for him to come down, and he come down about half way the steps, and 
I says when are you going to give us the copy, and he says I am busy and I 
will let you know in the niorning. 

Q. What day was that?—A. I think Tuesday night. 

Q. Describe about the Saturday of challenge day. Was this the Tuesday 
night before the challenge day was the next Saturday?—A. Yes, sir; I may 
be mistaken, but it couldn’t he later than Wednesday. I think they were having 
a caucus—I think I saw Mr. Boh Smith there that night, and he says I will 
let you know to-morrow morning, and I looked for him and saw him driving 
by my house going to his farm, and he didn’t say anything about a copy 
that day. 

Q. This was the next day after he made that promise?—A. Yes, sir; I 
offered to get somebody to help him—I says I will get a stenographer—we want 
to get a copy of the hooks, and he says I think I can do it all right, and Tues¬ 
day night, after I spoke to him, I had no further conversation with him, and 
I believe I suggested to Dr. Campbell that he make some effort, because I 
felt like I had done all I had a right to do—I was not a candidate and I sug¬ 
gested that he get it. 

Q. Did you ever get a copy of the hook?—A. We didn’t until challenge day. 

Q. What hour did you get it?—A. We got down about 8.45, and he came to 
the hall I understood by appointment, and he apologized f(»r being late, and I 
did the transcribing, the most of it. He finished his list; his list as I under¬ 
stood of putting the old names on his new hook, and some one of us who was 
present called the names, Mr. Foreman or Mr. .To.vce, three of us there, they 
called the names and he wrote down until he got his hook finished, and then he 
turned the whole amount over to us, and at 3 o’clock he said the time was up. 

Q. This was on challenge day?—A. Yes, sir; and he .says I take the books 
away at 3 o’clock. 

Q. Do you recall whether you or Dr. Campbell telegraphed the attorney 
general in regard to it?—A. I don’t. I didn’t have anything to do with that. 
I understand they presented a copy of the rule of Attorney General Manning. 

Q. That is, somebody on behalf of Dr. Campbell?—A. I think Mr. Will 
Lilly. 

Q. Did you understand that to have been done?—A. That is what they 
told me. 

(Objection by the contestee.) 

Q. What else occurred in regard to getting a copy, if anything?—A. We got 
it that day and it was L.30 before we finished getting it. Dr. Hathcock walked 
in and stood around whistling and wanted to know if there was any challenges 
and I says how do you expect us to have a challenge and not have a copy of 
the book- 

(Objection by the contestee.) 

Q. Did you get a complete copy of the book?—A. No. sir. I thought we 
got it but it was managed in such a way that in calling I didn’t put down all the 
names and I never examined his book. 

Q. About what hour of the day was this when you finished that copy?—A. 
Bight around 3 o’clock, I think. We had to rush so because I didn’t want to 
have any argument about it and she said he was going to take the books away; 
he seemed like he was worried and a little short talking, and I rushed to get’it 
through, and we wound up, and he took his book at 3 o’clock and he went up 
town. 

Q. ]\Ir. Lee, as a matter of fact up to the time of the completion of such part 
of this record as you got, you were unable to know whom to challenge, if any, 
and whether all Dr. Campbell’s friends were or were not on the registration 
book?—A. We were unable excei)t from the fact I think we had a certified list- 
poll li.st—that was made to the clerk of the court by the sheriff of paid polls 
between 1 and .50. 

Q. That wasn’t the registration list?—A. No; that wasn't the registration list 
That was the polls that had been paid. We didn’t have any wav'to know any¬ 
thing about the registration except this, as to who was registered"until challenge 
day on Saturday before the election on Tuesday. 




CAMPBELL VS. DOUGHTON. 


i4oa 


Q. I ask whether, because of the delay of Mr. Dunlap in giving you this copy 
or permitting you to make it, the management on behalf of Dr. Campbell to make 
it, if you were permitted to make such challenges as might have been made and 
make due inquiry in regard to voters or whether they were qualified to vote?— 
A. I don’t know any way we could have challenged anybody who was registered 
without a copy and we didn’t have it until 3 o’clock that day. 

Q. Do you know a voter in your precinct by the name of Chas. Swearingen?— 
A. Yes, sir. 

Q. Where does Mr. Swearingen live?—A. I can’t tell you. 

Q. Does he stay at Norwood? 

(The contestee objects.) 

A. I don’t think he does. 

Q. What information have you as to his whereabouts? 

(The contestee objects.) 

A. I will state the position I took on voting him that day. I left it to Mr.. 
Dunlap. I told him I didn’t want to challenge any man who had a right to. 
vote, and I knew the law said you would construe the right of an elector liter^ 
ally and I didn’t want to do anything to take any advantage and I told Mr.. 
Dunlap, as he said here, that I didn’t know him and I didn’t want to take ad¬ 
vantage of any technicality, and that if Mr. Swearingen had a right to vote— 
that I didn’t want to challenge him on a matter of a technicality, and I says. 
I will leave it to you and if you say vote him we will vote him, and I says I 
am not going to challenge him. 

Q. Tell what you did—did he vote?—A. Yes, sir; he voted. 

Q. Did you know M. V. Lowder?—A. Yes, sir. 

Q. Where is he?—A. I understand he is in Raleigh. 

Q. Do you know how long he had been there?—A. No, sir; I don’t. I thinlt 
my information was he had been down there and came back during the war to. 
take the place of a brother who was in the Army. 

Q. Is he married or single?—A. Single I think. 

Q. Do you know Mr. and iMrs. Dunlap Hathcock?—A. Yes, sir. 

Q. Where is their home?—A. I think they live in Washington. 

Q. How long have they lived there?—A. I think Dunlap has been there three* 
or four years—his wife went a year or so before the election, so far as I 
know. 

Q. Do you know whether they have been back to Norwood since that, time?— 
A. I think they have been back a time or two. 

Q. Ever lived tliere?—A. I don’t think they have ever lived there. 

Q. Don’t you know whether they have lived there?—A. I know Dunlap 
hasn’t lived there. 

Q. You mean that is the first name?—A. Yes, sir; Dunlap Hatchcock. 

Q. Y'ou know he hasn’t lived there in how long?—A. About three or four 


years. 

Q. Mr. Lee, you are a traveling man, aren’t you ?—A. Yes, sir; I am away 
from home a good deal. 

Q. You are familiar with the general mode of propaganda or publication in. 
politics, or in political campaigns, are you not?—A. I spend a good deal of time¬ 
reading—reading the newspapers—and sometimes I think I would be better 
off if I did less of it. 

Q. State whether you at any time, saw or knew of the distribution of the 
so-called picture of the Republican candidate for President—Warren G. Hard¬ 
ing—grouped with a number of Negro men?—A. I saw it in a good many 
places and a good many times. I saw about a dozen copies of the Badin 
Tribune published on the Saturday before the election. Saw them in Nor¬ 
wood. 

Q. Is that the picture—or is that the paper rather that is owned and pub¬ 
lished bv the witness, A. C. Huneycutt?—A. Yes, sir; same paper. 

Q. Where else did you see any or know of its distribution ?—A. Well, I saw it 
at Hamlet, at Maxton, at Lumber Bridge, in the eastern part of the State, Robe¬ 
son County. ,, - .. 

Q. State what, in your judgment, as a citizen and as a voter, would be the 
effect, the probable effect, upon the mind of a voter of such a caricature of a 
candidate for the presidency of the United States. 

(The contestee objects.) 

A. Do you mean the picture? 

Q. We are talking about the picture at this time. The picture of these Negroes 
and the Republican candidate for President ?—A. Well, I know it had a very 


1404 


CAMPBELL VS. DOUGHTON. 


depressing effect. I was awful sore when it came out because I felt like I 
do, knowing it had a tendency to break friendship with the Republicans and 
the Democrats, and I know that- 

Q. You thought it was calculated to produce very profound feeling, did 
you not?—A. I certainly did. 

Q. I ask you if, in your judgment it wouldn’t have the effect of turning voters, 
both men and women, against the candidate, the Republican candidate for the 
presidency and the other candidates for election to office on his ticket. 

(The contestee objects.) 

A. I think that was the object of the distribution of the picture; that they 
knew that. I know of one case and I can give the names, some of our voters, 
Republican voters, lady voters, sent for me and I went down to see her and 
she said if they were going to bring these Negroes into the Republican Party 
that she was not going to vote and was going to have nothing to do with 
it and says I understand the Republicans are going to put the Negroes in. 

Q. What did you say to that?—A. I said I think that is all for the reason of 
stirring the women up to vote; there is a great deal of feeling in this State 
against women’s suffrage, and lots of the women didn’t want to vote, and the 
candidate for governor in this State was opposed to women’s suffrage and I 
know during the Gardner-Morrison campaign I heard some of the lady Demo¬ 
crats in Stanly County who were not in favor of women’s suffrage, and 
I said I think that the Democrats are scared and don’t believe they can get out 
their votes and I think they are scared and have always known that to holler 
■“ Nigger ” will make them get busy. That’s what I said and I told her the 
question was settled 20 years ago when the Republican Party was small and 
when Gov. Aycock called upon us to help them out in the East and my opinion 
was it was to get the lady voters to register and vote, and I told her if she 
felt that way about it that I would stake my judgment that if a single Negro 
was appointed to office in North Carolina if Mr. Harding was elected President 
that I would vote the Democratic ticket with anybody else two years from 
now—that’s what I told her. 

Q. Would you consider that it had the effect of inflaming the public mind 
against the party ticket on which Dr. Campbell was a candidate?—A. She said 
that somebody had told her—I forget- 

(The contestee objects.) 

A. I was just telling what position I took relative to discussing the ques¬ 
tion. She said that somebody had told her that and if that was the case she 
wasn’t going to have anything to do with it—with the election. 

Q. So you felt that her mind was seriously affected by this picture rumor?—• 
A. She certainly was. 

Q. State whether or not you ever saw the so-called Negro woman voter cir¬ 
cular.—A. Yes, sir; I saw Mr. Huneycutt d splay it on his front page in about 
the first issue that came out. 

Q. First issue of what?—A. Stanly County News-Herald. 

Q. That is the paper to which he referred?—A. Yes, sir. 

Q. Do you know how widely that was circulated?—A. At the time it came 
out I was traveling out of Charlotte, and I saw a copy the Rev. Mr. Brooks 
had at Raleigh. He approached me and sa‘d that whenever they saw that, 
every woman in North Carolina w 11 be registered. I saw what it was gohig 
to do and that that circular was going to register every woman in North Caro¬ 
lina, and I told iMr. Land in Hamlet that Mr. IMorrison wouldn’t have any fur¬ 
ther trouble in getting elected, but up to the fine I saw that I thought he was 
scared. 

Q. That is to say, that in your judgment the effect of these two circulars 
caused all those who were opposed to suffrage to register and to cast their 
influence to the Democratic ticket?—A. Yes, sir; I think so. I think Huneycutt 
ought to have the prize. 

Q. You think this so-called. Negro-woman circular originally emanated from 
this county?—A. The first I saw of it—as I understand, the'first time it was 
put in publication was here in Stanly and then went to the Charlotte Observer, 
and I saw at least 25 of these pictures in Hamlet and Maxton and Fayetteville 
and up on the windows in the stores. 

Q. Is there anything else about the matters under inquiry that you wish to 
state?—A. I don’t know, sir. 

Cross-examination by R. L. Smith ; 

Q. You traveled over the State a great deal prior to the election?—A. I trav¬ 
eled over a section of it. 




CAMPBELL VS. DOUGHTON. 


1405 


Q. What section did you travel over?—A. Well, I was in Guilford, Cabarrus, 
Rowan, iNIecklenburf?, Union, Anson, Richmond, Scotland, Robeson, Iloke, Moore, 
Cumberland, Montgomery, and Stanly. 

Q. You spent the most of your time just before the election in the eighth 
district, didn’t you?—A. Spent about a month, I think. I got here a month 
before the election. Three weeks. 

Q. Well, you saw tlijs Harding circular, you say, in Hamlet, Maxton, and all 
down that country? That wasn’t in the eighth district?—A. No, sir; I didn’t 
get back home, INIr. Smith. I think I went back after I came home. 

Q. And you also saw this Negro-woman letter all down in that eastern part 
when you were there?—A. Yes, sir; when it first came out here I came home. 

Q. And you say you don’t know where that circular emanated or origi- 
nate<l?—A. No, sir; I don’t think anybodys knows where it originated. I think 
somebody knows, but I don’t think any Republican does. 

Q. You know what all the Republicans know, do you?—A. No, sir; I only 
know wbat I know. 

Q. You said you didn’t think any Republican knew?—A. That was a matter 
of opinion. 

Q. Now, in all your travels you didn’t hear but one woman say she wasn’t 
going to take part in this election on account of this circular?—A. That was 
the lady that sent for me at home. 

Q. She was the only one you heard of in your travels?—A. No; two. 

Q. Who was the other one?—A. I didn’t hear her say—this lady told me. 

Q. It was hearsay?—A. No; she was there; she was listening. 

Q. Where was that?—A. Tom Henderson’s, in Norwood. 

Q. Where was the other one?—A. She was there. 

Q. Did either of these parties vote?—A. I think IMrs. Henderson voted. 

Q. So the c rcular didn’t keep her from voting?—A. I think I convinced her it 
was nothing to get frightened over. 

Q. Do you know how she voted?—A. Straight Republican ticket. 

Q. So this circular didn’t keep her from voting?—A. It didn’t .seem to. 

Q. So then in all your travels over the eighth district and the seventh and 
ninth you never heard of but one person who declined to vote on account of 
the c'rcular?—A. I d dn’t discuss politics. 

Q. You didn’t hear of it?—A. No, sir. 

Q. I ask you if you ever saw that circular?—A. No, sir; I did not. 

Q. I ask if you ever saw that circular?—A. No, sir. 

Q. So you didn’t see either of these two circulars?—A. No, sir. 

Q. Do you know who distributed those circulars?—A. I do not. 

(The circulars referred to, which witness says he has never seen, one is enti¬ 
tled “ Secretary INIcAdoo discharges white woman for Negro,” and the other 
is one charging* that James M. Gox taught a Negro school at one time.) 

Q. I will call these the McAdoo and the James IVI. Cox circulars to identify 
them now. Do you know that Dunlap Hathcock is now in the Government 
offices at Washington?—A. I think he is; yes, sir, 

Q. Don’t you know, Mr. Lee, that it is a rule that the people who work in 
the Government offices vote at their original homes?—A. That has been my 
understanding. I don’t know about that. 

Q. That is the general understanding?—A. Yes, sir. 

Q. Mr, Lee, in regard to challenges at Norwood, you knew that when you 
got this list on challenge day you had a right to challenge on election day, did 
you not?—A. Oh, yes; Mr. Dunlap said he wasn’t going to have any on that day, 
and I told him I hoped we would be able not to. 

Q. You had read this section of the law from the Consolidated Statutes, sec¬ 
tion 5972, which reads: “ Provided, that nothing in this section shall prohibit 
any elector from challenging or objecting to the name of any person registered 
or offering to register at any time other than above specified ”—you were cogni¬ 
zant of that law?—A. Yes; I knew .vou could challenge any time. 

Q. And anybody could do that?—A. Yes, sir. 

Q. Whether judges or registrar?—A. Yes, sir. 

Q. How many challenges were made in your precinct on election day?— 

A. Only one, I think. . 

Q. What was done with that, was it sustained?—A. It wasn t sustained. 

Q. The elector was permitted to vote?—A. Yes, sir; as I remember, the only 
one. The elector was permitted to vote. It wasn’t sustained. 

Q. By whom was that challenge made?—A. By Mr. Dunlap. 


1406 


CAMPBELL VS. DOUGHTON. 


Q. And they voted to let the man vote?—A. Left it to Dr. Hart and myself, 
and we decided to let him vote; I told him it was under the same circumstances 
we let somebody else vote; I don’t remember, 

Q. Do you know of a sinjtle white llepublican voter in Center Township who 
presented himself to vote or to register and who was not permitted to regis¬ 
ter?—A. I don’t think I do. 

Q. You know that Dr, Campbell was permitted to assist in counting his own 
boxes that night?—A. I think he was. 

Q. Do you know of any unfairness in any way that was shown Dr. Camp¬ 
bell in the election at Norwood?—A. I do in the fact that Mr. Dunlap refused 
and dillydallied with us in giving us that list. 

Q. I mean on election day.—A. No; I don’t; they treated us mighty nice. 
Changed poll holders once. 

Q. No objection to that?—A. No, sir; changed because sheriff couldn’t act. 

(}. Did you ask Mr. Dunlap at any time to permit you to look over the 
books?—A. No, sir; I never did. We didn’t want to bother until we could get 
a copy. 

Q. He was busy with the registration, wasn’t he, when you asked him for this 
coi)y?—A. Yes, sir; the registration had closed. Well, it was three or four days 
before. 

Q. He was busy then on account of making or transcribing to his old book— 
new book?—A. I reckon so. 

Q. So, then, the failure to get the copy didn’t deprive you of registering any¬ 
body, did it?—A. I don’t know, sir. 

Q. You couldn’t have registered them after that time?—A. No. 

Q. So the failure to get it didn’t deprive you?—A. No, sir. 

Q. You had ample opportunity on election day to challenge anybody you 
wanted to?—A. I didn’t think so, Mr. Smith. 

Q. Were you prevented?—A. I will explain it; I understood we had to vote 
at the rate of four or five a minute to get through, and we figured it would 
take us—we figured up the hours and the minutes, and we felt if we didn’t 
bustle we wouldn’t get through, and INIr. Dunlap told me he would be glad 
if I would arrange for as much speed as possible in voting. I went down and 
fixed the voting place and we got everything in line and went on and fixed it 
up the very best I could and arranged to have the door so we could open them 
and let one in and vote and he could go right back out and another come in, 
and we arranged that and I told him we would not have any challenges so 
far as I knew and so far as I could see we didn’t have anybody to challenge 
and we agreed we wouldn’t bother that day with challenges so far as we 
knew, and he did challenge one man and I called his attention to what we had 
agreed and we voted up until 12 o’clock, 12.30; I looked at my watch—12.35, I 
believe it was, and I .said to Dr. Hathcock (or Hart) that we could vote fifteen 
or sixteen hundred if we had to and we stopped and somebody sent in lunch 
and we had about two-thirds of the afternoon clear—only voted about a hun¬ 
dred after that—852 in all. 

Q. The agreement you had with Mr. Dunlap didn’t prevent you on election day 
from challenging anybody if you wished to?—A. I don’t think so. 

Q. You helped Dr. Campbell prepare the list for Center Townshiii—the list of 
the registered voters?—A. I don’t think I did. 

Q. You have assisted him very much in his campaign?—A. I have helped 
him some. 

Q. You are pretty well acquainted with the voters in that precinct, are you 
not?—A. Fairly well; yes. sir. 

Q. You have been over the registration books and the poll books?—A. I have 
not been over the registration books. 

Q. You have been over the poll books?—A. I have since then. 

Q. It has been about three and a half months since the election, hasn’t it?— 
A. I think so. 

Q. Up to this time you haven’t found any voters that he has alleged there was 
any irregularity about?—A. I haven’t hunted them up. 

Q. You don’t know of any others?—A. No, sir; except what is alleged. I 
haven’t got anything to do with that proposition at all. 

Q. If there had been any others, you would have found them within three 
and a half months, wouldn’t you?—A. I haven’t looked for them. 

Q. You didn’t have any trouble at Norwood on election dav?—A. Not a bit. 

Q. Everything moved off like clockwork?—A. Yes, sir. 

Q. Large Democratic precinct?—A. Yes, sir. 


CAMPBELL VS. DOUGHTON. 1407 

Q. Tlie voters were nice and quiet—didn’t bother yon—no rushing the polls?— 
A, We kept the doors closed except when we wanted one in. 

Kedii-ect examination: 

Q, JMr. Smith has asked you whether you could not have cliallenged voters 
mi election day, and has read into the record a provision of section 5972 of the 
consol .dated statutes, being a part of the election law; I ask you if you 
didn’t know that the regular legal challenge day was on Saturtlay before the 
election?—A. Yes, sir; it was. 

Q. 1 ask you if it wasn’t for use on that day that you commanded a copy 
of this book?—A. Yes, sir, 

Q. If what I now read is the law as to challenges, then 1 ask you if it 
. wasn’t your right on behalf of Dr. Campbell to have a copy of the registration 
book, for the purpose of challenges on that day, the law being as follows: “ It 
shall be the duty of the registrar to attend the polling place of his township or 
precinct with the registration books on Saturday preceding the election, from 
the hour of 9 o’clock a. m. until the hour of 3 o’clock p. m., when and where the 
said books shall be opened for the inspection of the electors of the precinct 
or township, and any of said electors shall be allowed to object to the name of 
any pei'son appearing on said books. In case of any such objection, the regis¬ 
trar shall enter upon his books, opi)osite the name of the person so objected to, 
the word ‘challenged,’ and shall ai)point a time and place, before election day, 
when he, together with said judges, shall hear and decide said objection, giving 
personal notice of such challenge to the voter so objected to; and if for any 
cause personal notice can not be given, then it shall be sufficient notice to leave 
copy thereof at his residence.” This being section 5972 of the consolidated stat¬ 
utes governing challenges, part of which was read by counsel for the contestee, 
I ask you, Mr. Lee, if it wasn’t for compliance with the requirements of that law 
that you demanded the c«)py of the book for Dr. Campbell?—A. Yes, sir; we 
wanted it so we could challenge according to the law on that day. 

Q. You wei’e one of the poll holders at Center ])recinct that day?—A. Yes, sir. 

Q. And you say the total vote cast was 852?—A. I think it was right around 
that. 

Q. I ask you if, at the rate you were voting, you couldn't have voted twelve 
or fifteen hundred during the election hours?—A. We calculated, the other poll 
holder and myself, we could have voted fifteen or sixteen hundred—we were 
just talking and- 

Q. Then, as a matter of judgment, you could see no reason why at Big Lick 
and at Furr precinct any person should have been deprived of the privilege of 
voting on account of time to vote within the election hours; can you see any 
reason for that? 

(The contestee objects.) 

A. I don’t see why these oflicers out there couldn’t have handled matters as 
efficiently and rapidly as we did at Norwood. 

Q. These were two large Republican precincts, and Norwood is a large 
Democratic precinct?—A. Yes, sir. 

Q. And each place the poll holders consisted of the registrar and one Demo¬ 
crat and Republican?—A. Yes, sir; and ^Mr. Efird seems to be an efficient 
bookkeeper, and Mr. Dunlap is a farmer, and I don’t see why they couldn’t 
have voted as many as we did. 

Q. You heard the registrars testify that there was no trouble among the 
voters to impede the progress of the election at either place? 

(The contestee objects.) 

Q. You heard Mr. Sossamon and Mr. Efird testify; I ask you if you didn t 
hear them testify that there was no trouble or disturbance at either place?— 
A. Yes, sir. 

Q. And you testified that there was none at your place?—A. Yes, sir. 

(The contestee objects for the reason that these are conclusions to be provim 
from the evidence and to be passed upon by the committee and not bj this 

witnesss.) ^ , i. i 

Q Mr Smith asked you if you didn’t have access to the books at Norwood. 

I ask vou, as a matter of fact, if these books were returned until yesterday?—A. 
We caine to look at them about a month ago and Little said they had not been 

returneil, , , ^ i « 

Q. You heard Mr. Dunlap swear they were returned day before yesterdav’ 

A. I did. 




1408 


CAMPBELL VS. DOUGHTON. 


Recross-examination: 

Q. Mr. Lee, you state on direct examination that you were at the polling 
place on challenge day—Saturday prior to election—and that you had access 
to the books that day?—A. I didn’t say the polling place. We were at the place 
it was agreed upon to be. 

Q. You had access to the books on that day?—A. We had for two or three 
hours; Mr. Dunlap was having his books transcribed—finished up. 

Q. One, you said, called the names and another wrote?—A, Mr. Foreman 
or Mr. Joyce; yes, sir. 

Q. This law says, chapter 5972: “ It shall be the duty of the registrar to 
attend at the polling place of his precinct or township with the registration 
books on Saturday preceding election day,” or at an agreed place. You say 
he did that?—A. Yes, sir. 

Q. From the hour of 9 a. m. until 3?—A. Yes, sir. 

Q. He did that, didn’t he?—A. I think so. 

Q. “ When and where the said books shall be opened for the inspection of the 
electors of the precinct or township”; they were opened, were they not?—A. 
Yes, sir; he wanted to finish his books. 

Q. You were inspecting the books?—A. I wrote the names down. 

Q. Some of the contestant’s partisans and active friends were there reading 
them off to you ?—A. One man was reading them off for Mr. Dunlap and- 

Q. Who was he?—A. Mr. Rich Foreman. 

Q. He was a friend of Dr. Campbell’s?—A. Yes, sir; a Republican. 

Q. And voted for Dr. Campbell?—A. I think he did. 

Q. “ And any of said electors shall be allowed to object to the name of any 
person ” ; did you object to any appearing on the boows, and if so-?—A. No. 

sir; I didn’t. I didn’t have time. 

Q. Who else was there now; you and Mr. Rich Foreman and Mr. Joyce?— 

A. Mr. Joyce wasn’t there when Mr. Foreman was; he took his place. 

Q. Who else?—A. That was alL 

Q. Three of you, and all friends, partisans, or advisers of Dr. Campbell?— 

A. We were there two at a time. 

Q. And didn’t enter a single objection to any voter on that day?—A. We 
didn’t have time. 

Q. And not a single objection on election day?—A. I don’t think we did. 

Redirect examination : 

Q. You never had a copy of the book until that day to know who you wanted 
to challenge, if anybody ?^—A. And didn’t get a full copy that day. > ^ 

Recross-examination : " 9 

(}. Why didn’t you get a full copy?—A. We thought we were getting one, but j 
tlie names was arranged so we didn’t, and we missed some. 

Q. I ask you if you didn’t have a copy of the old registration—the 500 ^ 
names—before that time?—A. I think we did. Of the two years previous to 
that time. 

(}. I ask you if you didn’t know that the books were kept in the office here of ■ 
the clerk before they were sent out—and you say the old registration you had J 
copies of at that time?—A. Yes, sir; we were supposed to have it. Jl 

Redirect examination : 

(>. That didn’t include the women did it—the new registrants?—A. No, sir. 

Recross-examination: 

Q. So it was only the new voters that you didn’t have?—A. Yes, sir; a good 
bunch of them. 

Mr. W. B. NICHOLS, being duly sworn, testified as follows: 

By J. J. Britt : 

Q. Your name is W. B. Nichols?—A. Yes. sir. 

(|. Where do you live?^—A. Norwood. 

Q. You are a qualified voter there, are you?—A. Yes, sir. 

Q. What has been your politics heretofore?—A. Well I have always voted 
the Democratic ticket ’til four years ago I voted the Republican ticket—only 
one I ever did vote. 

(). Did you vote in the last election?—A. I did not. 








CAMPBELL VS. DOUGHTON. 


1409 


I 

Q. State whether your decision not to vote at the last election was influenced 
by any picture or literature which you saw or any talk which you heard?— 
A. Well, yes, sir; it was to some extent. 

Q. Did you intend to vote?—A. I thought I would. 

Q. How did you intend to vote?—A. I intended to vote both ways. I in¬ 
tended to split my ticket. 

Q. For whom did you intend to vote for Congress?—A. I intended to vote for 
Dr. Campbell. 

Q. Why were you influenced not to do so, if you were?—A. They sprung the 
Negro question and kept that so hot—said we would have mixed schools and 
have Negro i)olicemen and postmasters and so on, and so I just decided if that 
was the case I didn’t want to have anything to do with it. 

Q. Did you see this picture that was distributed?—A. Yes, sir. 

Q. So, if these things had not influenced you, you would have voted a ticket 
at the last election, including the name of Dr. Campbell?—A. Yes, sir; if I 
had voted at all, I would have voted for Dr. Campbell. 

Q. And you would have voted but for the influence the distribution of these 
things had on your mind?—A. I reckon I would. 


Cross-examination by R. L. Smith: 

Q. That would not keep you from going to the polls?—A. Well I don’t know. 
Just what I heard. 

Q. I ask you if you saw either of these circulars?—A. No,* sir; I didn’t see 
that. 

Q. Did you see one about McAdoo’s discharging a white lady and employing 
a Negro in her place?—A. No, sir; I didn’t see that. 

Q. You are not certain you would have voted at all, are you?—A. Well, no; 
I thought—I expected I would, but I never went down that day. I stayed at 
home and worked all day. 

Q. You are registered?—A. Yes, sir; been voting here all my life. 

Q. Didn’t the fact that your children were going to vote the Democratic ticket 
have something to do with your staying at home?—A. Yes, sir. 

Q. That was the most of it, wasn’t it; that you didn’t want to vote against 
them?—A. No. sir; I didn’t. I had nine children and every one voted the 
Democratic ticket. 

Q. And you didn’t want to vote against them was the reason you stayed at 
home?—A. Yes, sir; I just dec*ided after the things w’ere in such a stir that the 
place for me was right at home betw^een the two parties. 

Q. And you decided not to have anything to do with it?—A. Yes, sir.' 

Q. This campaign didn’t get any hotter than campaigns before?—A. They got 
up some pretty dirty things. 

Q. You have heard of one getting just as hot before?—A. I believe I have. 

Q. You knew what had taken place in North Carolina before when the Re¬ 
publicans got in powder, didn’t you?—A. I don’t know^ much about politics. I 
am not a politician. I i*eckon I was at wmrk w^hile they wms talking. 

Q. That wms one reason you didn’t vote, you say—you w^ere working?—A. 
Yes, sir; both parties come to see me that day, and every man wanted me to 
vote his wmv, and I couldn’t do it. 

Q. You couldn’t vote for them all and didn’t want to vote against them? 


Redirect examination: 

Q. You never saw^ such pictures as these testified to before, did you?—A. No, 
sir. 

Recross-examination; 

Q I ask vou if, in the campaign of 1898, if you didn’t see all sorts of pic¬ 
tures in the eastern part of the State where the Negroes were over the white 
women teaching school and Negro justices of the peace, and so on?—A. If I 
pver saw them. I don’t recollect. 

Q. You have heard of it?—A. Yes, sir; I have heard of it, but we were not 

troubled with the Negroes like they were in the east. j 

O So vou had nine children, and they all voted the Democratic ticket, and 
you didn’t want to vote against them? The tide was too strong for you to 
stem, wasn’t it? 


1410 


CAMPBELL VS. DOUCxHTON. 


Mr, R. G. FOREMAN, being duly sworn, testified as follows: 

By J. J. Britt : 

Q. Your name is R. G. Foreman?—A. Yes, sir. 

Q. Where do you live?—A. Porter. 

Q. State whether you ever made any tender of money to the registrar, Dunlap, 
in payment of a list of voters you requested him to make from the registration 
book?—^A, Yes, sir; I asked him to. I met him on the street at Norwood on 
Wednesday night, I think it was, after the registration books closed on Sat¬ 
urday, and asked him for a copy of the registration books and offered to pay 
him, and he said he didn’t have time to make it right then, and I also asked 
him to let me and Mr. Joe Lee co]\v them, and he said he had no right to let 
them out, and I told him we wouldn’t go out of his house, and he could stay there 
with us, and he turned and walked off. 

Q. What did he say to that request?—A. Well, about the only thing he said 
was he didn’t have time. Didn’t have time to copy them. 

Q. You tendered him n .$20 bill?—A. I reached my hand in my pocket and 
says, “ I will pay you for it.” 

Cross-examination by R. L. Smith: 

Q. He told you he didn’t have time to make it?—A. Y’^es, sir; said he didn’t 
have time. 

Q. Did you ask him to let you look over the books?—A. No; I only asked him 
to let me and Mr. Lee copy them. 

Q. That was after the registration books had closed?—A. Yes, sir; on 
AVednesday night. 

Q. Did you ever see some circulars that were sent out in regard to McAdoo’s 
discharging a white lady from the Treasury Department?—A. 1 don’t remember. 

Q. Did you see that circular on Saturday, Sunday, or Monday, just before the 
election?—A. I don’t remember about this; I might have seen it. 

Q. This one about Cox having taught a Negro school? Mr. Cox, the Demo¬ 
cratic candidate for President? Do you know who sent these out?—A. No, 
sir; I don’t. 

Q. Do you know where they came from?—A. No, sir. 

Q. I ask if you don’t know they came from Republican headquarters in 
Stanly County?—^A. No, sir; I don’t. 

Q. I ask if you don’t know that the Republican organization sent them out?— 
A. No, sir; I don’t know where they came from. 

Q. I ask you if the printing doesn’t look like the same as the Piedmont 
Press—the same type?—A. That resembles it some. 

Q. A^ou saw this circular charging Mr. Cox with having taught a Negro 
school, but didn’t see the McAdoo circular?—A. I’^es, sir. 

Redirect examination: 

Q. You are not a printer are you?—A, No, sir. 

Q, All type of the same size looks much alike?—A. Yes, sir; some. 

Recross-examination: 

Q. I ask you to look at this and look at the printing of the Piedmont Press 
and see if they are not exactly the same style of type?—A. This is larger than 
this one. 

Q. But exactly the same style isn’t it?—A. It don’t resemble it so very much 
to me. 

Q. The style is the same is it not?—A. This is a little bit larger than that. 

Q. This is the Republican paper published in the county, the Pieilmont 
Press?—A. Yes, sir. 

Redirect examination: 

Q. You have no knowledge as to whether the Piedmont Press had anything to 
do with thatvpublication?—A. No, sir. 

IMr. RAY SOSSAMON, recalled, testified as follows; 

Q. You were on the witness stand yesterday?—A. Yes. sir. 

Q, Y’'ou are the registrar for Purr precinct?—A. I'es, sir. 

Q. How many absentee ballots were cast there?—A. I have seven. 

Q. Were they residents and prevented from voting by illness or absent from 
4lie countv? 


CAMPBELL VS. DOUGHTOX. 


1411 


objects to tlie question for the reason that tliere is no aiiega- 
tion to any irregularity of absentee voters in Furr Township ) 

Q. Do you know E. M. Honeycutt?—A. Yes, sir. 

Q. What was the nature of his absence?—A. He was ill, I think 
Q. \\as an affidavit of illness presented to you?—A. Yes, sir. 

Q. Do you know his qualifications?—A. I know he is over 21 years old 
that?— a'^ Yes^str^ county. State, and precinct; do you know 

Q. Do you know for whom he voted for Congress?—A. I do not 
Q. Do you know T. D. Little?—A. Yes, sir. 

Q. What was the nature of his absence?—A. He was off at work, I think. 

Q. Where was he? A. At Mayesworth, I think, in Mecklenburg County. 

Q. Do you know him?—A. Y^es, sir. 

Q. Do you know his qualifications to vote?—A. Yes, sir. 

Q. What are his reputed politics?—A. Democrat, I think. 

Q. He voted for Congressman Doughton?—A. I guess so. 

Q. Do you know Fletcher Lambert?—A. Yes, sir. 

Q. WTiat was the nature of his absence?—A. Oft at school. 

Q. "What age?—A. Twenty-one years old. 

Q. Do you know whether he had paid his poll tax?—A. I do not. 

Q. W'hat are his reputed politics?—A. Republican. 

Q. Do you know Roy C. Little?—A. Yes, sir. 

Q. AVliat was the nature of his absence?—A. Off at work. 

Q. IVhat are his politics?—A. Democrat. 

Q. Did he vote for Mr. Doughton?—A. I guess so. 

Q. Do you know his age?—A. I don’t exactly; I know he is over 21. ^ 

Q. Had he paid Ids poll tax?—A. I don’t think so; I think he was an ex¬ 
soldier. 


Contestee, R. L. Doughton, through his counsel, in the hearing at Statesville, 
N. C., entered solemn and emphatic protest against any evidence that soldier or 
sailors who served during the IVorld War was disqualified to vote in the last 
election by reason of not having paid his poll tax for the year 1919, on or be¬ 
fore the 1st day of May of said year. This objection was based upon the in¬ 
herent conviction that to do so would be a great injustice to that class of our 
citizens who defended our flag upon foreign soil, and also for the further rea¬ 
son, as will hereafter be shown, that the county commissioners of each county 
of the eighth congressional district expressly exempted all soldiers and sailors 
from the payment of poll tax for the said year 1919. However, as the counsel 
for the contestant, .Tames I. Campbell, expressly stated in the hearings at 
Statesville, N. C., in answer to the i)osition taken by the contestee, that any poll 
tax of any voter in the eighth congressional district of North Carolina not 
regularly paid or exempted in a manner prescribed by law—that is, the grounds 
of poverty and indigence only—would be challenged according to their tenor. 

Contestee now makes inquiry of contestant as to whether or not it is his 
purpose and’intention to take similar position regarding the nonpayment of poll 
taxes of soldiers and sailors in Stanly and other counties in the eighth congres¬ 
sional district to that expi-essly taken in the county of Iredell in order that 
contestee can gov’ern his actions to meet the position taken by contestant. 

The contestee under no circumstance will challenge the vote of any soldier 
or sailor for the nonpayment of poll tax or for any other cause unless forced to 
do so by the action of the contestant. 

To which statement of counsel for contestee counsel for contestant rejoins 
that it is expressly reserved to the contestant and his counsel to conduct the 
manner of inquiry in the progress of these hearings in so far as results in no 
violation of the law as alleged in the notice of contestant in this cause, and 
expressly denies that either the contestee or his counsel have any right to de¬ 
termine or inquire into the mode of procedure in this inquiry, and that the 
contestant and his counsel leave to the contestee and his counsel their own 
mode of inquiry or procedure and reserve like rights to themselves. 

Q. Do you know Frances Little?—A. No, sir. 

(}. What is the nature of her absence?—A. Attending King’s Business College 
in Charlotte, or so her father said. 

Q. Do you know^'her age?—A. Over 21 years old, I think. 


(jross-examination by .7. R. Price: ^ 

Q. Mr. vSossamon, there has been something said here in the evidence about 
your going out to vote a certain sick lady, Mrs. Bass, I believe; how long were 


1412 


CAMPBELL VS. DOUGHTON. 


you soT\e out there?—A. Well, a vep^ short time, I think about a minute and a 

half to so and come; a very short distance. „ a ht -roco com uic wifp 

Q. Why did you go out there, Mr. Sossamon?—A. Mr. Bass said his wf. 

wasn’t able to get in at the door. . „ . tvt • if f^ 

Q. Did you speak to the poll holders about it?—A. ^o, sir; they named it to 

me. Mr. Bass first went to the judges. 

Q. Who did he go to?—A. Mr. Hathcock and Mr. Green. 

Q. What did they say; that they were willing?— A. They agreed; said they 
were willing. 

Q. They agreed for you to go out there and take her ballot?—A. Yes, sir. 

Q. IVIr. Sossamon, it is in evidence here that Mr. Smith, your clerk, was out 
several times during the day; state if he had anyone there in his place. . 

the election delayed on account of his being out?—A. No, sir; I 


wouldn’t think so. 

Q. You had another clerk to take the names?—A. les, sir. 

Q. And the election was not delayed on that account?— A. No, sir. 


Redirect examination: 

Q. Mr. Sossamon, Mr. Hathcock asked for a Republican poll holder or clerk?— 
A Ygs sir 

Q. You refused him one, didn't you?—A. Yes, sir. 


Recross-examination: 

Q. Did that bring about any delay in opening the polls?—A. Yes, sir; some 
little bit. 


Mr. W. S. STOKES, being duly sworn, testified as follows: 

By J. J. Britt : 

Q. Your name is W. S. Stokes?—A. Yes, sir. 

Q. In what precinct do you vote?—A. Badin, North Albemarle. 

Q. State whether you were the registrar of voters in that precinct?—A. I was 
appointed the second day of October. 

Q. Upon the resignation of INIr. Sturkey?—A. Yes, sir. 

Q. How many days did you attend at the polling place?—A. One Saturday 
for registration. 

Q. Did you occupy any days away from your polling place?—A. Little time, 
yes sir. 

Q. How many Democrats did you register away from the polling place?—A. I 
don’t recall just how many. 

Q. Fifty?—A. No, sir. 

Q. How many?—A. I think in all. Democrats and Republicans, about 30. 

Q. How many absentee votes were cast at your place?—A. I don’t recall ex¬ 
actly.; I think about 17. 

Q. How did you receive the absentee ballots?—A. By mail, sir, I think. 

Q. How many were received through the mail, if vou recall?—A. I think some 
10 or 12. 

Q. The remainder were resident sick voters, were they?—A.’Yes, sir. 

Q. Did you swear all the voters that you registered ?—A. Yes, sir. 

Q. Did you make inquiry as to the qualifications of the absentee voters?— 
A. Yes, sir. 

Q. Have you a list of the absentee voters?—A. I have not, sir. 

Q. What did you do with the ballots and the certificates of the absentee 
voters?—A. The ballots, the ones that were mailed, I looked for the names to see 
whether they were on the back of the tickets; you were supposed to keep them 
and send them in a sealed envelope and bring them in, but they had no names 
on them. 

Q. What did you do with the certificates?—^A. We had the tickets in the 
books—my recollection is we had these tickets in the back of the registration 
book. 

Q. Have you examined the registration book since you came to see if they are 
in it?—A. Yes, sir. 

Q. Are they in it?—A. No, sir. 

Q. Did you make application to the clerk of the court about them ?—A. I went 
down and told him I wanted to get them yesterday. 

Q. Did he have them?—A. The books; yes, sir. 

Q. The certificates, did he have them?—^A. I didn’t ask for the certificates. 


CAMPBELL VS. DOUGHTON. 1413 

Q. That is what I waiitt^'d. Do you know H. W. King?—A. I know him : 
yes, sir. 

Q. Did he vote?—A. I don’t recall right now. 

Q. Is he on the registration hook?—A. Yes, sir; he was, I think. 

Q. Please look and point out his name on the registration book?—A. I don’t 
see it here. 

Q. ill you please state whether this is the registration hook of Badin pre¬ 
cinct?—A. Yes, sir; that is it. 

Q. This is the book which you returned as registrar of that precinct?— 
A. Yes, sir. 

Q. Do you know C. T. Baumgartner?—A. Yes, sir; I knew him when he was 
in Badin, 

Q, Did he vote in Badin precinct?—A. I don’t recall. 

Q. Please see whether his name is on the registration book?—A. Yes, sir; 
here is his name. 

Q. Did he vote at the November elction?—A. I don’t recall whether he did 
or not, 

Q. Can’t you refresh your recollection and tell us whether he did vote or 
not?—-A. No, sir; I can’t. 

Q. Mr. Stokes, I ask you if this alleged voter, C. T. Baumgartner, hadn’t 
moved away, absolutely and finally, from the precinct 30 or 40 days before the 
election ?—A, I don’t know whether he finally moved away or not; he was away 
some time before. 

Q. Is he a single man or a man with family?—A. No, sir; single man, I think. 

Q. Has he been back since?—A. Y'es, sir; I have seen him hack since. 

Q. You know Mrs. H. M. Austin?—A. Yes, sir. 

Q. What was the nature of her absence? 

(It being stated that the person is an absentee voter, contestee objects to any 
evidence of the absentee voters in Badin, for the reason that there is no allega¬ 
tion in the petition of the contestee relating to any absentee voter in said, pre¬ 
cinct. ) 

Q, Do you know A. B. Capel and Mrs.'Capel?—A. I think so; yes, sir. 

Q. Did they vote out there?—A. I don’t recall right now, sir. 

Q. I ask you if you don’t know that Mr. and Mrs. Capel left Badin for the 

State of Georgia in the month of October?—A. I don’t know. I know they left 
there. 

Q. I ask you if you don’t know they left before the election?—A, I wouldn’t 
say just now. 

Q. I ask you if they didn’t move away absolutely and finally before the elec¬ 
tion?—A. I can’t say positively. 

Q. I ask you whether A. Maynard voted at the last election; do you recall?— 
A. I do not. 

Q. Do you know R. L. Kelly?—A. I don’t remember, sir. 

Q. Y'ou don’t know whether there was such a voter there or not, do you?—A. 
I don’t recall right now. 

Q. See whether the name of A. Maynard or R. L, Kelly are on the registra¬ 
tion book?—A. I don’t find A. :Maynard. 

Q. Do you find any voter by the name of Maynard wdiose name commences 

with A?—A. No, sir. 

(). Then you don’t find the name of A. Maynard—or any voter whose name 
is Maynard and commences with A on the registration book, as it appears from 
your examination?—A. I don’t find it, sir. 

Q. See if the name of R. L. Kelly is there. Assuming that it is there, tell 
me whether you did not know that he moved away from the county before the 
election?—A, Did not. 

Q. Is he a man of family?—A. I don’t know. 

Q. Did he vote an absentee vote?—A. I don’t recall it. 

C}. W. H. Layton. I ask you if you don’t know that he moved to Charlotte 
prior to the election?—A. Y^’es, sir; he moved to Charlotte. 

Q. He is a man of family, isn’t he?—A. No, sir. 

Q He moved his business away; he went for business?—A. I suppose so. 

Q. That was prior to the election?—A. Yes, sir; little while before the elec- 

^'7]. Thomas Baxter Lilly; do you know him ?—A. I don’t remember him right 

I ask you if you don’t know that he moved away from Badin before the 
election and w^ent to Atlanta?—A. I don’t know. 


1414 


CAMPBELL VS. DOUGHTON. 


i}. Do you know whether he voted?—A. No, sir, 

Q. Know Mrs. H. P. Raymond?—A. Yes, sir, 

Q. Was she there at the time of the election?—A. I don't rememher. 

Q. Did she vote a direct ballot or absentee ballot?—A. I don’t rememher. 

Q. Do you know IMrs. W. I. Stokes?—A. Yes, sir. 

Q. IMrs. A. G, Moore?—A. Yes, sir. 

Q. Mrs. H. M. Austin?—A. Yes, sir. 

Q. And Mrs. G. M. Rudisill?—A. Yes, sir. 

Q. Did they vote directly or by absentee ballot?—A, By absentee ballot. 

Q, State whether vou had a physician’s certificate for each of these.—A. I 
did. 

Q. Will you produce the certificates?—A. IMy recollection is we put those 
thing^s in the hack of the hook. 

Q. How did they vote, Mr. Stokes?—A. I don’t remember. '' 

Q. Know what their reputed politics are?—A. I know that Mrs. W. I. Stokes 
is a Democrat. 

Q. How long: have you lived at Badin?—A. About four and a half years. 

Q. Don’t you know your neig:hbors, most of them?—A. Y'^es, sir; most of them. 
Q. Did you make any effort to ascertain the politics of the voters as they 
reg:istered before you?—A. I did not; no, sir. 

Q. Did you make any entry to show whether they were Democrat or Repub¬ 
lican?—A. In some instances I did; probably I did in all. 

Q. Know J. W. Frazier?—A. Yes, sir. 

Q. Did he vote directly or by absentee ballot?—A. Voted directly, is my 
recollection. 

Q. What is his politics?—A. I think he is a Democrat. 

Q. I ask if he hadn’t moved to Winston-Salem prior to the election?—A. I 
think so. 

Q. Married man?—^A. Yes, sir. 

Q. Take his family away with h'm?—A. He went him.'-ielf; I am not positive 
whether he taken his family or not. 

Q, Know Wade Russell and wife?—A. Yes, sir. 

Q. Did they vote?—A. Mr, Ru.ssell did. 

Q. Did Mrs. Russell?—A. I don’t recollect. 

Q. Do you know their reputed politics?—A. Democrats, I think. 

Q. Do you know how long: they have been in the State of North Carolina?— 
A. 1 don't recall now; the discussion was up at the time. 

Q. Did you decide the question?—A. It was decided between the two judges 
and myself. 

Q. Did you register them?—A. I don’t recall whether I registered them or 
whether Mr. Sturkey did. 

Q. Do you know L. Til. AVilson?—A. Yes, sir. 

Q. Where does he now live?—A. Badin. 

Q. AA’here did he live prior to that time?—A. Reidsville. 

Q. How long has he been living in Badin?—A. Three and a half years I 
think. ' ’ 

Q. Do you know T. M. Arnett?—A, Yes, sir. 

Q. AVas he there at the time of the election?—A. He was; yes, sir, 

Q. Did he move away?—A. Yes, sir. 

Q. Did he vote directly or by absentee ballot?—A. Directly. 

Q. How did he vote, for whom for Congress?—A. I don’t know 
Q. AVhat is his reputed politics?—A. I think he is a Democrat. 

Q. And he came back from another county and voted?—A Yes sir 
Q. Is he a man of family?—A. Yes, sir; he has a home in Badin. ^ 

Q. He didn’t live in the home?—A. No, sir; he moved away. 

Q. Know C. P. Gainwell?—A. Yes, sir. 

Q. Did he vote?—A. I don’t recall’that he did. 

Q. How long has he been there?—A, He has been in Badin I suppose some 
10 or 12 months. 

Q. 1 ask if you don’t know his home is in Arkansas?—A. I don’t know 
Q. Has he been in North Garolina two vears?—A. I wouldn’t say 
Q. Been in Badin 10 or 11 months?—A. I think so. 

Q. Miss Lou’se Everett?—A. Yes, sir. 

Q. She is a Tennes.see lady?—A. I don’t recall. 

Q. Recall whether you registered her?—A. I think I registered her. 

Q. You don’t know whether she was qualified or not?—A. If I registered her 
she was qualified. 


CAMPBELL VS. DOUGHTON. 


1415 


Q. Know G. C. Truesdale?—A. Yes, sir. 

Q. Did he vote?—^A. I don’t recollect. 

Q. Is he a married man?—A. Yes, sir. 

Q. Look at your hook and see if he is registered?—A. Yes, sir; he is regis¬ 
tered. 


Q. See if L. J. Green is registered?—A. Yes, sir. 

(}. Did he vote directly or by absentee ballot?—A. I don’t recall right now. 

Q. Where does he live?—A. In Badin. 

Q. Is he there all the time?—A. He has been there three years, I think. 

Q. I ask if he didn’t vote both present and absent?—A. Not both ways. 

Q. You have stated you know L. J. Green?—A. Yes, sir. 

Q. He was present on election day in your town?—A. I don’t recall—probably 
was. 

Q. You have no knowledge of his absence?—A. I don’t recall right now. He 
was absent a few days before the election, but whether he was there and voted 
direclly or how it was I don’t know. 

Q. I show you these certilicates and ask you if it doesn’t show he voted an 
absentee ballot?—A. Yes, sir. 

Q. Well, you refresh your memory and see if you can recall his voting a 
direct ballot?—A. I don’t recall, sir. 

Q. I asked you about Mr. and Mrs. A. B. Gapel; did they vote present or 
absent?—A. If they voted, they voted absentee vote. 

Q. Where were they?—A. I can’t say. 

Q. You can’t say where they were?—A. No, sir. 

Q. When was Mr. Capel last in Badin?—A. I seen him a few days before the 
election. 

Q. He hasn’t been back since?—A. I don’t recollect. 

(y As a matter of fact they moved away absolutely, didiVt they?—A. I sup¬ 


pose so. 

Q. I show you these two certificates and ask you if they didn’t vote as 
absentee residents of Stanly County?—A. Well, I will tell you about that. 
Their name is on the poll book, and some of the absentee votets that come back 
we didn’t vote, 

Q. Were these two certificates and the accompanying ballots placed in the 
boxes?—^A. I don’t say they were. 

Q. So you returned certificates here as absentee votes that didn’t vote?—A, 
Probably th% were put in the pile. 

Q. You don’t mean to say that you returned their certificates here as evidence 
that they voted as absentee voters?—A. I reckon they were put m the pile and 
dropped in there. 

Q. That is your statement under oath as to whether these two voters voted 
as absentee voters?—A. I don’t say they were. 

Q. They left Badin before that time?—A. I heard they did. 

Q. You know they moved away ?—^A. It was said they had. 

Q. What is your answer about Thomas Baxter Lilly?—A. I don’t remember 


him personally. 

Q. You knew about his going away ?—A. I don t know. 

Q. Is he in Badin now?—A. I don’t know. 

Q. I show you that certificate and a.sk if it was a genuine vote cert.fied at 
your precinct?—A. I don’t remember, sir. , , ^ 

Q. You don’t remember the hearings record to show that you returned a lot 
of strange certificates up here that were not official?—A. They might have been 

put in the pile. ^ i ^ -j 

Q. You mean to say some were put in a pile and some were put in the boxes t— 

A. Yes, su-; we put the absentee votes in a pile. , , , ^ , o 

Q. Whbre were these put?—A. They were put in the back of the book, bame 

place. Same heap and return them. , . , 

Q Mr. Stokes, do you know of the publication and circulation there in your 
town of a paper called the Badin Tribune’?—A. I am a subscriber to it; yes, sir. 
Q. Did you receive that picture or that paper issued of Saturday betore the 

election?—A. I remember the paper; yes, sir. 

O You rememher seeing that picture in the paper? A. Yes, sir. 

(>. Do you know how vyidely it was circulated in and about your town.— 

common knowledge, it circulated throughout your terri- 
tory pretty generally ?—A. I think there are a good many subscribers there. 


1416 


CAMPBELL VS. DOUGHTON. 


Q. I ask if you don’t know that it was posted in some of the windows—the 
picture part?—A. I don’t recollect that it was. 

Q. You do recollect that particular issue?—A, Yes, sir. 

Q. Do you know Mr. H. J. Smith?—A. Yes, sir. 

Q. Does he live in Badin?—A. We have two of them. 

Q. Do you know that he voted—jtenerally known as Heck Smith—do you 
know that he voted?—A. I don’t recollect. 

Q. Did H. J. Smith vote as an absentee voter?—A. I don’t recollect. 

Q. I show you a certificate, purjiorting to have been voted in Badin, on which 
H. W. King is witness and Frank Ph'win voter—a Democratic ticket—I ask 
you if his name is on the registration book?—A. No; his name is not on here. 

Q. Now state whether that absentee ticket was voted at your precinct?— 
A. I don’t recall it. Possibly it was on the old registration book and wasn’t 
transcribed. 

Q. Does that book contain the total registration of your city?—A. Why it is 
supposed to be; I transcribed it and possibly I missed some names. 

Q. I ask if you don’t know the reason its name is not there he moved to 
Monroe months before the election?—A. He went to Monroe. 

Q. Is he a married man?—A. Single. 

Q. He went from Badin to Monroe how long before the election?—A. A very 
short while. I don’t know just how long. 

Cross-examination by R. L. Smith : 

Q. Do you know that H. W. King voted?—A. I don’t know as I recall. We 
tore them open and put them in a pile and agreed whether they should be put 
on the book. 

Q. I understand that your construction of the law was that you were not 
required to preserve any ballots or certificates where the name of the voter was 
not written on them?—A. Yes, sir. 

Q. You were not sure about preserving these and simply laid them aside; 
some were voted and some were not, you say?—A. Yes, sir; some were not voted. 

Q. Y’^ou were asked a while ago about the certificate of Mrs. H. M. Austin; 
I ask if that isn’t her certificate?—A. Yes, sir. 

Q. l^ou were asked about the certificate of Mrs. G. M. Rudisill. I ask if 
that is not her certificate?—A. Yes, sir. 

Q. I believe you said you had no independent recollection of J. L, Green— 
whether he voted or did not?—A. I don’t remember whether direct or absentee 
vote. 

Q. You know he didn’t vote but once?—A. Yes, sir. 

Q. T. B. Lilly; I believe you say you don’t know anything about him?— 
A. No, sir. 

Q. I ask you to look at your registration book and see how many Maynards 
are on there?—A. Five. 

Q. Is there any record to show whether they voted or not? Call over the 
names.—A. T. S., S. W., O. T., W. J., Floyd, and Mrs. W. J. 

Q. I nsk you if Mrs. W. .1. Maynard might not have been A—if her given 
name might not have begun with A?—A. I suppose so. 

Q. She might have registered as Mrs. W. J. and voted by her own name? 
I ask you, Mr. Stokes, if there were any challenges made at your precinct on 
Saturday before the election?—A. One hundred and twenty—sometliing like a 
hundred and twenty. 

Q. I ask you if these challenges were heard and passed upon before the 
day of election?—A. Yes, sir. 

Q. I ask if both sides were represented at the hearing by attorney?—A. Yes, 
sir; you represented the Democrats and Mr. Bogle the Republicans. 

Q. I ask you if it was not gone over thoroughly at that time as to the names 
of these different parties—whether or not they were entiled to vote?—A. Yes, 
sir; it was. 

Q. And passed on at the hearing?—A. Yes, sir. 

Q. I ask you if Wade Russel and wife were not passed on at that time?— 
A. My recollection ; yes, sir. 

Q. I ask you if this young lady. Miss Everett, wasn’t passed on at that 
time?—A. It seems to me she was present that day. I think she was passed on. 

Q. C. P. Granville—he was a young man wasn’t he?—A. Yes, sir. 

Q. A soldier boy?—A. Yes, sir. 

Q. I ask if his case wasn’t tried out that day and passed on and it was 
unanimously decided at the hearing that he was entitled to vote?—A. Yes, sir- 
that is my recollection. ’ 


CAMPBELL VS. DOUGHTON. 


1417 


Q. Were there any other challenges made on election day other than the 
ones made on Saturday preceding election day?—A, Why possibly one or two. 

Q. Were they passed on and determined at the polls?—A. Yes, sir. 

Q. Were they all sustained or some turned down?—A. Some of them were 
turned down. 

Q. I ask you, Mr. Stokes, if it was not understood and agreed on Monday, the 
day the challenges were heard, with the attorneys representing both sides, the 
day of the hearing, that any soldier vote should not he challenged on account of 
poll tax?—A. Yes, sir. 

Q. I believe you stated Mr. Bogle was representing one side?—A. Yes, sir. 

Q. You said a while ago that you might have missed some names in tran¬ 
scribing the names from the old registration book to the new?—A. Yes, sir. 

Q. Have you the old book present?—A. No, sir; I haven’t. 

Q. The name of Mr. King might have been on the old hook and you might 
have missed it in transcribing?—A. Yes, sir. 

Redirect examination: 

Q. You say you made some mistakes in copying the names from the old book 
into the new?—A. I found some names I failed to get on. 

Q. Y’^ou say you probably made mistakes in sorting out the certificates; how 
do you expect anybody, either here or in Congress, to know what is right if 
your registration book is wrong and your certificates are wrong?—A. As I told 
you, we put them all togetlier; piled them up in a pile- ' 

Q. Did you bring up the old book?—A. No, sir. 

Q. You didn’t find the name of A. Maynard?—A. No, sir. 

Q. You didn’t find the name of H. W. King?—A. No, sir. 

Q. And can you have his certificate if you can’t find his name?—A. I think 
you had one there. 

Q. You say he had moved away from Badin?—A. He left a little while before 
the election. 

Q. So all you have to go by is the doctor’s certificates?—A. We had them at 
election time; yes, sir. 

Q. What do you mean to tell me—that the registration book was not right 
and you are not sure about the certificates, and the doctor’s certificates may 
not be right? 

Recross-examination : 

Q. You are absolutely positive that your absentee voters at Badin had the 
doctor’s certificate or the proper affidavit?—A. Yes, sir. 

Q. And you used no care in preserving these certificates, because, under your 
construction of the law, none of the voters’ names were marked on the ballot 
and you thought you were not required to keep them, under the law?—A. 
Yes, sir. 

Redirect examination: 

Q. Are you certain that the election was held on November 2?—A. Yes, sir. 


Recross-examination: 

Q. And you are certain it was regularly and properly held?—A. Yes, sir A 
good many of the leading Republicans remarked that we had treated them 
mighty nice. 

Redirect examination: 

Q. And all those things which you can’t remember were perfectly all right? 


Recross-examination: 

Q. They were regular and all right at the time, weren’t they?—A. Yes, sir; 

Have you had these certificates in your hands since on Thursday after the 

election until this time?—A. No, sir. in 

Q. Have you seen or examined them in any way until they were broUf,ht in 

and given to you to-day?—A. No, sir. 

Q. And you don’t know who has had them or anything about them?—A. No, 

sir. 


Mr. C. J. HELMS, being duly sworn, testified as follows; 
By ,1. J. Britt: 

Q. Your name is C. J. Helms?—A. Yes, sir. 

Q. Where do you live?—A. Albemarle. 



1418 


CAMPBELL VS. DOUGHTON. 


Q. How long have y(ni been living here?—A. F^'ifteen years. 

Q. State wliether you at this time hold an.v county office, and if so what?—A. 
Deputy sheriff. 

Q. Since when?—A. Since December 6, 1920. 

Q. INIr. Helms, have you heard, as a matter of common knowledge in this 
county, that on the day of election, November 20, 1920, at the precincts of 
Furr and Big Lick, in Stanly County, a great number of voters, mainly Re¬ 
publicans, did not get to vote because the polls closed before they got to cast 
their ballots?—A. Yes, sir. 

(The contestee ob.fects to hearsay evidence.) 

Q. You know, as a matter of common knowledge, that each of these pre¬ 
cincts casts a large Repubrcan ma.iority, do you?—A. Ye.s, sir. 

Q. Do you know Mr. Lee Ausburn?—A. Yes, sir. 

Q. Do you know his politics?—A. Well, I am not sure. 

Q. AVhat is your understanding?—A. I think he is a Democrat. 

Q. State whethei- or not you had any conversation with him in which he in¬ 
dicated that there would be some mode by which the Republicans of Stanly 
County would lose several hundi’ed votes?-—A. T did. \ 

Q. Recite the conversation as nearly as you can recall it? 

(The contestee ob.lects.) 

A. I was in North Wilkesboro about the middle of October in front of the 
hotel, and met him on the street 

Q. Met whom?—A, Mr. Ausburn. We got in conversation about the election 
by some means or other and he asked me how it was going in Stanly County 
and I told him I thought it would go Republican, and he says, “ You really 
think so?” And I told him, “Yes,” and he says, “I don’t think so”; and I 

asked him why, and he says, “ They have got a trick on you fellows,” and I 

asked him what it was, and he said, “ A special friend of mine who had a 

right to know said they were going to knock out—stand aside 528 votes ”- 

Q. Did he say what sort of votes?—A. Twenty-.six Democrats and .502 Re- 
publ'cans. 

Q. Did he detail the method? 

(The contestee ob.iects to all of this evidence.) 

Q. What else was .said?—A. He said they were going to challenge about 300 
and stand them aside by some means or other, and by so doing they would 
get a ma.iority of about 200 in Stanly County. 

Q. Who did he mean by they, the Democrats?—A. Well, T suppose so—he 
was talkin.g. 

Q. That is about the sub.stance of the conversation?—A. I think so. 

Q. Did you make any statement of that conversation to any Republican • 
here before the election, and if .so to whom?—A. I said something about it, 
but I don’t recall who it was to. 

Q. Do you remember mentioning it to :Mr. Burleson or Dr. Campbell, or 
either of them?—A. Yes, s'r. 

Q. Do you remember taking ]Mr. Burleson into your shoe shop and telling 
him of this conversation?—A. Yes, sir. 

Q. That was before the election?—A. Yes, sir. 

Q. About two weeks?—A. Something like that: T don’t remember. 

(). Do you remember stating it to any person besides Mr. Burleson and Dr. 
Campbell?—A. I think so, but I don’t remember who. 

Q. Anything el.se in connection with the conversation that you recall?—A. 
No, sir, 

( ’ross-examination by R. L. Smith : 

Q, You say this was about the middle of October and you were in North 
Wilkesboro?—A. Yes, sir. 

Q. Where was Mr. Ausburn?—A. He was in North Wilkesboro. 

Q. What was he doing?—A. I don’t know. 

Q. How long had he been there?—A. I don’t know. 

Q. You don’t know what he was doing there?—A. No, sir. 

Q. Nor how long lie had been there?—A, No, sir. 

Q. Was he making his home there?—A. I don’t know that. 

Q. Where is his home?—A. It is in Salisbury, I think. 

Q. How long has he been in Salisbury?—A. I don’t know that. 

Q. Did he tell you he had been to Stanly County?—A. No. 

Q. He had just gotten this report from some friend?—A. That is what he 
said. 



CAMPBELL VS. DOUGHTON. 


1419 


Q. You don’t know where he was living at that time?—A. No, sir. 

Q. Wilkesboro is not in this district, is it—Wilkes County?—A. I really don’t 
know. 

Q. How do you know what Mr. Ausburn’s politics are?—A. As I stated a while 
ago, from his conversation- 

Q. You don’t know whether he is a Democrat or a Republican, do you?—A. 
No, sir. 

Q. You don’t know whether he was just guying you or not?—A. No; he told 
it in earnest. 

Q. Do you think that if he had been a Democrat and been in earnest about 
it he would have been telling you about it?—A. I can’t tell you about that. 

Q. Y'ou wouldn’t have considered him a very sensible fellow, would you?—A. 
I wouldn’t have thought he was treating his party right. 

Q. Did you tell anybody out in Big Lick or Furr about this?—A. I don’t 
remember that 1 did. 

Q. You did tell jMr. Burleson?—A. Yes, sir. 

Q. And ]Mr. Burleson was out in that country making speeches- 

(Mr. I. R. Burleson here makes the statement that he was, and that he 
strowed the information.) 

Redirect examination: 

Q. Do you remember whether Mr. Ausburn said he had been down to Raleigh 
at Democratic headquarters?—A. I don’t remember. He said a friend of his 
from down there. 

Q. You know that IMr. Ausburn has a brother in this town?—A. Yes, sir. 

Q. l^ou know that he is a Democrat in politics?—A. Yes, sir. 

Q. Mr. Ausburn didn’t give any indication, of course, as to what precincts 
this would occur in?—A. No, sir. 


Mr. D. WHITLEY, being duly sworn, testified as follows: 


By J. J. Bkitt : 

Q. Your name is D. Whitley?—A. Yes, sir. 

Q. Where do you live?—A. Albemarle. 

Q. How long have you lived in Albemarle?—A. About 16 years. 

Q. You are a voter here?—A. Yes, sir. 

Q. I believe you are a Republican in politics?—A. I’^es, sir. 

Q. You heard the conversation with Mr. Lee Ausburn, just now iiarrattMl?— 
A. I heard part of it. 

Q. Y’^ou heard a part of it?—A. Yes, sir. 

Q. What did you hear?—A. I heard Mr. Ausburn say there would be 
votes knocked out, 26 Democrat and 502 Republican. 

Q. He didn’t indicate the way they would be knocked out?—A. No, sir. 

Q. Did he say that would happen in Stanly County?—A. Yes, sir. 

Q. State whether you went away to get a room?—A. Yes, sir; that is all I 
heard of the conversation. 

Q. Mr. Ausburn was talking to Mr. Helms and you were merely present?— 
A Ygs sir 

Q. And you left them talking together?—A. Yes, sir. 


Cross-examination by R. L. Smith : 

Q. Who did you tell that to?—A. I didn’t tell anybody; Mr. Helms told them 

I heard it. , . ,, , . 

Q. Who did you tell it to?-^A. I haven t told anybody 

Q. It never passed your lips until you told it here?—A. I told Mr. Burleson 

last Saturday evening. ...... o a xt c-,. 

Q. You hadn’t told anybody about it up to that time? A. No, sii. 

Q. You didn’t put it in publication ?—A. No, sir. 

Q. You just thought they were guying each other about politics. A. I don t 

'"Q!'’You°heanl‘iun. say they were going to knock out 502 Republicau votre 
and 26 Democrat; weren’t enough in the conversation to stay and listen. 

It^dbln^t^nake enough impression to cause you to tell your friends about 
it?—A. I didn’t tell it. 




1420 


CAMPBELL VS. UOUGHTON. 


Redirect examination: 

Q. Have you heard that at Big Lick and Furr Townships, big Republican 
precincts, a good many people didn’t get to vote? 

(Objection by the contestee.) 

A. Yes, sir. 

Mr. H. G. TROUTMAN, being duly sworn, testified as follows; 

By J. J. Bkitt ; 

Q. Your name is H. C. Troutman?—A. Yes, sir. 

(}. Where do you live?—A. Albemarle. 

Q. How long have you been living here?—A. I don’t know; .something around 
15 years. 

Q. State whether you were the registrar at the election November 2; and, if 
so, at what precinct?—A. I was; at Albemarle No. 2. 

Q. How many times have you been registrar in precinct No. 2?—A. About 
four times, I believe. 

Q. In .succession?—Yes, sir. 

Q. How many names do you have on the registration book in that precinct 
that you registered?—A. I really don’t know. I am not sure it wasn’t the new 
registration book. 

Q. What is the aggregate number of names in that precinct now?—A. Nine 
hundred and seventy-five, I believe. 

Q. And you say you don’t know whether you registered all these or whether 
some were on the hook when you got it?—A. I don’t know whether it was the 
new registration or not. 

Q. What I mean to inquire about is—did you put 975 names on there for 
the November election?—A. Yes, sir; to the best of my knowledge. 

Q. Then you registered 975—there are 975 registered in your precinct prior 
to the November election?—A. Yes, sir. 

Q. Did you apply the oath to all who came?—A. No, sir. 

Q. Did you apply it to any?—A. Yes, sir; I did. 

Q. To what proportion of them?—A. To those that come up and asked to be 
registered. The names on the old book I just transcribed them off. 

Q. State whether anyone at any time furnished you with a list of some 25 
'names to be placed on your book which you did not yourself swear in.—A. I 
don’t know whether they did or not. I might have been furnished a list. 

Q. You were furnished a list by Mr. W. Alma Smith, were you not?—A. I am 
not right sure. 

Q. You were furnished a list by Mr. .Toe Long?—A. I am not right sure. 

Q. You can’t say whether you were furnished a list by Mr. Smith and Mr. 
Long or both?—A. I wouldn’t be positive. I probably got some names from 
them, but then I qualified these names before they went on the book. 

Q. I ask you if you don’t recall you got as many as 25 names at one time?— 
A. No, sir. 

Q. You did get a large list?—A. No, sir. 

Q. You did set some?—A. Yes, sir. 

(}. Were you sworn as registrar at the summer primary?—A. Yes, sir. 

Q. Who swore you?—A. IMr. A. P. Harris. 

Q. What is he?—A. Deputy clerk. 

(}. Were you sworn as a registrar at the general election?—A. I think so. 

(}. Are you sure about it?—A. I don’t really know. I am pretty sure I was. 

' Q. Can you remember the place and the hour?—A. I think there in the bank- 
yes ; that is right, I got the books- 

Q. You were also a poll holder at the election?—A. No, sir; I was not sworn 
as a poll holder that day. 

Q. When you got the book of the clerk why did the deputy clerk swear you?— 
A. Mr. Heath handed me those books. 

Q. You got the books from the chairman of the county board of elections?— 
A. Yes, sir. 

(I You di(hi’t get them from the clerk of the court?—A. I am not right sure. 

Q. If you did get them from the clerk, why did you not take the oath before 
the clerk?—A. I don’t know. 

Q. How long did you stay at the polling place on each of the four Saturdays 
preceding the last Saturday before the election?—A. I stayed there until sun¬ 
down. 

Q. Where is the polling place in your precinct?—A. In the school building. 



CAMPBELL VS. DOUGHTON, 


1421 


Q. What is your business ordinarily?—A. I am a policeman. 

Q. How many days did you occupy in registering voters other than these four 
Saturdays?—A. I don’t know. 

Q. Were you still on duty as a policeman?—^A. No, sir. 

Q. You were not then a policeman?—A. I am a policeman at night—night 

duty. 

Q. Did you go about in an automobile?—A. Well, I did part of the time. 
Mr. Almond fetched his car. 

Q. He carried you about?—A. Yes, sir; he said he would because he knew of 
several who wanted to register. 

Q. What test did you apply to those voters when they came up to register?— 
A. I qualified them like I did all. 

Q. You had them swear they were qualified voters?—Yes, sir. 

Q. That all they did?—^A. Yes, sir. 

Q. In going about over the precinct to register voters, what is the order in 
which you pursued your duties?—A. I had a tablet. 

Q. Well, now, you would take them by streets, would you?—A. No, sir; I 
would take just who asked me to come to their house. 

Q. I ask if you took the Democrats and the Republicans house by house?— 
A. I never refused anybody. 

Q. Didn’t you take the same pains to register Republicans that you did 
Democrats?—A. Whenever I was asked I did. 

Q. Only when you were asked?—A. I never went except when I was asked. 

Q. You never went to any Republican unless he asked you to come?—A. No, 
sir. 

Q. I ask you if you didn’t, under the advice of the management of your party, 
near the close of the registration period, go over the precinct and hunt up the 
missing Democrats?—A. No, sir; only when they asked me to come. 

Q. How many times did you carry your book up to headquarters with you 
during registration period?—A. I don’t remember. 

Q. Would you say a dozen times?—A. No, sir. 

Q. Did you take it up there to register voters?—A. No, sir. 

Q. What did you take it up there for?—A. They just wanted to see how 
many were registered. 

Q. I ask you if, in your diligence to see that your friends were registered, you 
did go out and hunt up Republicans?—A. No; and I didn’t hunt up Democrats 
either. 

Q. Did anyone on behalf of the Republican management call upon you for a 
list of those registered?—A. They did on the last Saturday afternoon. 

Q. On the last four Saturdays?—A. Yes, sir. 

Q. Did you furnish it?—A. No, sir. 

Q. Why didn’t yon?—A. I didn’t have time to get it up. They didn’t call for 
it until sundown or half an hour before sundown. They came in and asked for 
a list of the certified voters and I told them I couldn’t get it up for them be¬ 
cause they w^asn’t done registering yet. 

Q. When did you give it to them?—A. The next week; I don’t remember the 
day. 

Q. I ask if it wasn’t Friday night about dark before challenge day?—A. It 
might have been. I had it made out and they never asked me anything about 
it and I sent word for them to come and get it. 

Q. The list you furnished was a correct list?—A. So far as I know. I had 
it made out. 

Q. It was identical with your registration book?—A. I guess so. 

Q. It was paid for wasn’t it?—A. Yes, sir; they paid for it—part of it. 

Q. Do you know how much they paid you for it?—A. Nine hundred and 
seventy-five names; I think it come to something like $8. 

They paid you for it all right?—A. Yes, sir; they did. 

Q. Mr. Troutman, I show you a purported list of voters and ask you to look 
it over and see whether that is the list you furnished the Republican manage¬ 
ment?—A. 1 can’t tell you whether this is the list or not. 

Q. Compare it with the book, Mr. Troutman, and see if it looks th(' same.— 
A. I can’t say this was the list. 

Q. Compare it with your book and see if they don’t run in the same order.— 
A. Oh, no; I had them'on the book alphabetically. 

Q. 1 ask if that isn’t, to the best of your knowledge, the list that you fur¬ 
nished your typewriter or stenographer for the RepubFcan management, and 
if it wasn’t made out at Democratic headquarters?—A. I never i»aid any atten¬ 
tion to that list—it was made out. 


1422 


CAMPBELL VS. DOUGHTON. 


Q. Who made it out?—A. :Miss Turner; she is tlie one I asked to make it 


Q. I ask you if it wasnT made out at Democrat.c headquarters? A. I sup¬ 
pose it was. . , , 

Q. And that was tlu' place your ])ook was left when you weie absent. 

A. Yes, sir. 

Q. Your rej^istration book?—A. Yes, sir. 

Q. Was e ther the Republican or Democratic lieadquarters the proper place 
to leave your re,u:istration book?—A. No, sir; I leit it there and asked her to 
make out this list. 

Yi)u left it there at other times?—A. No, sir. 

(}. Mr. Troutman, how many absentee ballots were cast in your precinct. 

A. I don’t know; 25 or 30. 

Q. Have you the certilicates?—A. No, sir. ^ 

Q. What became of them?—A. I left them about on the desk that night. 

Q. Didn’t you preserve any of them?—A. No, sir. 

Q. Do you now know all the persons who voted absentee ballots? A. No, sir. 
Q. Did^you know any of them?—A. I really don’t know. 

(}. This man Calloway?—A. I suppose he voted—W. A. Calloway. 

Q. You think he voted?—A. Yes, sir; but I can’t say. 

Q. You remember Mr. W. F. Rampey?—A. No, sir. 

Q. L. S. Barbee?—A. No, sir. 

Q. You don’t know whether he was an absentee?—A. No, sir; I don’t know. 

Q. Did vou change your boxes there from one place to another when you went 
to count them?—A. Yes, sir; we went back in the school building to the right. 

Q. And as a matter of fact you had opened up your absentee ballots about 3 
o’clock?—A. No. .sir; it was past 3 o’clock. Something near 4. 

Q. And when you left that place you left the certiticates?—A. Yes, sir; left 
them right there I suppose. 

Q. How did you receive these absentee ballots?—A. Some of them was mailed 


and some brought. 

Q. Some were present and sick?—A. Yes, sir. 

Q. How did those who were present and sick—did they all have doctor’s 
certiticates?—A. I suppo.se they di<l. I don’t recollect. It was such a rush that 
day I didn’t have time to stop and consider and examine them. 

Q. You told me you had been registrar for several years. I ask you if you 
were not familiar with the requirements as to absentee ballots and I now read 
section 5966, being a part of the election law, to wit: “Absentee voter may sign 
name on ballot; ballots and certiticates to be kept. In voting by the method 
prescribed in this article the voter may, at his election, sign or cause to be 
signed, his name upon the margin or back of his ballot or ballots, for the pur¬ 
pose of identitication. The ballot or ballots so voted, together with the accom¬ 
panying certificate, shall be returned in a sealed envelope by the registrar and 
poll holders, with their certificates of the results of the election, and kept for 
six month.s, or, in case of contest in the courts, until the results are finally 
determined.” If that is the law and you paid no attention to these ballots you 
did not comply with it?—A. No, sir; I didn’t. I didn’t know that was the law. 

Q. Do you know whether these were certificates of those who intended to 
vote a straight Democratic or Republican ti(*ket—how they were?—A. I don’t 
know how they voted. I didn’t liave time to stop and look over the tickets; it 
was quite a rush all day long until about three quarters of an hour by sun, and 
we was afra'd we wasn’t going to get them all voted. 

Q. Yb)u did get them all voted?—A. Yes, sir; I expect about three-fourths of 
an hour till sundown. 


Q. To the best of your recollection, is that when you moved your boxes, 
and you say you left the certificates and didn’t pay any attention to them?— 
A. l^es, sir. 

Q. Well, if I should show you a file of these certificates Avould you recog¬ 
nize them from the names?—A. Y^'es, sir. 

Q. I show you certificates purporting to come from your precinct and ask 
if you identify them as certificates that were cast at the election on Novem¬ 
ber 2 last? There is one that was sent in—M. L. Troutman.—A. I really 
don’t know; they were thrown down and somebody picked them up. 

Q. :M. L. Troutman sent in an absentee ballot?—A. But he didnT vote. 

Q. Do you know V. D. Reeves?—A. No, sir; I do not. 

Q. I.,ook at your book and see if V. D. Reeves is registered? 

(The notice of the contestant names the following voters as being the only 
ones challenged or excepted to in this contest: North Albemarle, precinct 


CAMPBELL VS. DOUGHTON. 


1423 


No. '2: C. A. Nance, F. W. Doby, R. C. Roberts, Z. V. Martin, J. P. Roberts, 
Y. 1). Reeves, O. M. Lefler, H. Bnnn, L. S. Barbee, T. F. Kirk, Walter J. 

Barbee, N. B. Simmons, L. A. Lossing, W. V. Maiilden, N. L. Troutman, K. V. 

Price, Wiley Davis, J. L. Moser, Jim Andrews, John Knabe, J. C. Gilbert, 
('arl Roach, N. A. Lowder, Neila Lowder, Mamie IMcSwain. The attorneys 
for contestant state that will not confine themselves in their examination to 
the names of the parties designated in the petition, but will examine all 

parties whom they desire to examine of that same class as mentioned in 

the petition, and the contestee enters his objection and solemn protest to this 
method of procedure and the examination of any witness or witnesses per¬ 
taining to any votes or irregularities not set out in the petition. To which 
counsel for the contestant rejoins that contestant will endeavor to make 
such proof as they may concerning those in connection with which allegations 
are made, and others not referred to, belonging to the same class.) 

Q. See if the name of V. D. Reeves is on your book?—A. No, sir; but I might 
have passed over it in transcrib ng it. And sometimes when the names are left 
out in transcribing a fellow comes up and wants to vote, and I don’t know 
whether he ought to be on there or not. Those i)eople come in and go out like 
l)ees. 

Q. If a man came uj) and wanted to vole he couldn’t vote an absentee ballot 
could be?—A. He wasn’t challenged, but he is sujiposed to know if he votes. 

Q. You say his name is not down on the book?—A. It is on the old book, I 
reckon. 

Q. Se(‘ if the name of M. L. Troutman is on the book?—A. On the old book, 

Q. Z, V. Martin?—A. No, sir; I don’t seem to find him. 

(}. Jim Andrews; do you find his name?—A. No, sir. 

(}. L. A Losing? 

(The contestee objects, for the reason that the name was set out in the peti¬ 
tion as Lansing.) 

A. Y'es; here it is. i 

(}. How is it spelled?—A. Losing, ■ 

Q. M. B. Simmons?—-A. Yes, sir. 

Q. How is it written?—A. In pencil. 

Q. Why is that name written in pencil and the others in iik?—A. It was trans¬ 
ferred from the old book. 

Q. When was this name placed there?—A. On the day of the election. 

Q. Where did it come from?—A. From the old book. 

Q. Will you in’oduce the other book and see if it is on it?—A. I don’t find it on 
here. 

Q. John Knabe: set* if that is on either book.—A. No, sir; I don’t find it. 

Q. Hunt W. (’. Maulden.—A. It is on the old book—not on the new one. 

Q, Now, which of these books did you use at the polls?—A. I used the new 
book, but, as I told you, we have a lot of trouble out there; these people are com¬ 
ing in there and gofng out and continue to vote, and we have had a lot of trouble 
like that ever since I have been there. Some fellow will pop up and swear he 
was in the pi-ecinct and didn’t get registered. 

Q. As registrar you had the old book in your keeping?—A. Yea, sir. 

(}. And had the new book?—A. Yes, sir. 

(). And as registrar you copied tbe names from the old book to the new?—A. 
Yes, sir; I did, and sometimes one was left out. At most every election some 
fellow pops uf) and says he ought to be on there. 

Q. What do you do about it when he says he is a legal voter?—A. Why, if he 
is on there we let him vote, and we haev had lots of trouble like that out there. 


Q. The ('ountv authorities furnished you, as registrar, with a new book in 
which to coiw the names of the registrants, and you say one reason there are so 
many mistakes is because of mistakes in transcribing from the old to the new 

Pook ill copying the names from the old l)ook to the new isn’t it mainly a 

matter of rea'ding and writing?—A. Yes, sir; but we all make mistakes. 

Q. What reason is there for mistakes? You can read writing?—A. Yes, sir. 

Q, And vou can write?—A. Yes, sir. 

Q. And those names were arranged alphabetically?—A. Yes, sir. 

Q. Then it was nothing but calling off an alphabetical list in order and trans¬ 
cribing it?—A. Yes, sir. .... 

Q And you think that transcrib.’ng accounted for many omissions and serious • 
mistakes and now won’t you please tell me how those voters could be put on 
there who voted an absentee vote—how they (*ould pop up and say they ought 

57695—21 


1)1 




1424 


CAMPBELL VS. DOUGHTON. 


to be on tliereV You don’t know whether yon received these certificates through 
tlie ina 1?—A. I guess I received them. I threw them down and somebody picked 
them up, 

Q. I asked if you received these certificates through the mail, Mr. Troutman?— 
A. I rece.ved juirt of these. 

Q. Which part of these?—A. That M. L. Troutman, I received that and some 
of these tldngs I don’t know anything about. 

Q. I ask you if you didn’t receive them in an envelope, and you opened them 
between M and 4 on the day of the election?—A. Yes, sir; but wliether we opened 
tiu'se or not I don’t remember. 

Q. You don’t swear you didn’t open them?—A. I wouldn’t swear that I did or 
di<ln’t. 

Q. If you had kept the envelopes and sent them in in a sealed envelope, you 
would have no difficulty in telling?—A. No, sir; I would not. I didn’t know that 
was the law, oi- I certainly would not have left them lying there. 

Q. You sai<l that some of these didn’t vote an absentee ballot?—A. They were 
opened and called out. 

Q. P. Iv. Davis, did he vote?—A, I don’t know. 

Q. You know him?—A. I know one P. R. Davis. 

Q. Do you know whether he is now in the city of Albemarle?—A. I do not 
know. 

Q. Do you know whether he was here on the day of election?—A. No, sir. 

Q. Know A. P. Roberts?—A. No, sir. 

Did you ever know him?—A. I know some Roberts, but I don’t know them 
very intimately. They move to and fro so that I can’t keep up with them. 

Q. I ask you if you don’t know that A. P. Rober^ts voted directly in ward 3?— 
A. No, sir; I don’t know that. 

Q. Do you know whether he voted an absentee ballot in your ward?—A. No, 
sir. 

Q. You, know iNIrs, Mallie J. Austin?—A. No, sir. 

(>. Don't know whether she voted directly or by absentee vote?—A. Can’t 
tell you. 

Q. Know ^Viley Davis?—A. I have heard tell of him. 

Q. Don’t know whether he voted or not?—A. No, sir. 

Q. Know iVIoses A. Lowder'?—A. Y^es, sir. 

Q. \A’hat are his politics?—I think Democrat. 

Q. Did be vote at the last election*?—A. I can’t tell you. 

Q. Don’t you know he has been living at the Kannapolis factory for a long 
wh-le?—A. I don’t know. 

Q. You know he has not been living here?—A. No, sir; I don’t know it. 

Q. Know Carl Roach?—A. No, sir, 

Q. Don’t know whether he voted directly or absentee ballot?—A, No, sir. 

Q. II. Ruim?—A. Why, I know the name, but I wouldn’t know the boy. 

(>. Know where he is now?—A. I do not. 

Q. Don't you know that he has been in Ohio for some time?—A. No, sir. 

Q. Know T. P. W. Doby?—A. I know Trave Doby. 

i}. Know where he has been living for the last four years or five years?— 
A. No, sir; the one I know is a cotton-mill man. 

Q. Don’t ,vou know that he is in Salisbury?—A. No, sir. 

Q. You don’t know whether he is working for the Standard Oil Co. or not?— 
No, sir. 

Q. Know Hattie Moose'?—A. I’^es, sir. 

Q. What was the nature of her absence?—A. She was at boarding school, to 
the best of my recollection, 

Q. Know T. F. Kirk?—A. No, sir. 

Q. J. Ij. Moser'?—A. No, sir. 

Q. Know alter J. Barbee?—A. No, sir; I know some Barbees, but I 
wouldn’t know b in if he was to walk in here. 

(}. You don't know whether he lives in this city or not?—A. He did live here. 

Q. How long ago?—A. I can’t tell you. 

Q. Know E. D. Price?—A. No, sir; there is a D. Price registered here. 

Q. And this Mr. Pr'ce used to be a clerk in Dr. Hull’s drug store?—A. I don’t 
know. 

(i. Look ,Mt your registration book and see if his name is there?—A. Yes, sir. 

(}. I ask you it you don’t know that Mr. Price has been gone from here for 
tJiree \ears?—.Y I don’t know. 


CAMPBELL VS. DOUGHTON. 


1425 


Q. Know L. S. Barbee?—A. No, sir; I wouldn’t know him if be was to walk 
in here. 

Q. You don’t know where he is?—A. No, sir. 

Q. Know J. C. Gilbert?—A. No, sir. 

Q. Do you know C. A. Nance?—A. I know a young man Nance here. 

Q. I ask if you. don’t know that he has been moved away for a long time?—A. 
Not that I know of. 

Q. Do you know T. B. Quigley?—A. No, sir. 

Q. Know G. IM. Letter?—A. No, sir. 

Q. Did you ever know him here?—A. No, sir; there has been some Letters 
here, but these people move in and out like bees in a gum. 

(}. Don’t you know that Letter moved to Concord?—A. No, sir; he is living 
here as far as I know. 

Q. Know Iv. C. Roberts?—A. I know some Roberts used to be the bookkeeper 
at Kfird’s mill. 

Q. Don’t you know that he has been out of the county for some time?—A. 
No, sir. 

Q. Know \V. F. Rampey?—A. Yes, sir; I know him. 

Q. Where is he?—A. He is here. 

Q. Where was he at the time of election?—A. He was here so far as I know. 

Q. Vote a direct ballot?—^A. I don’t know that he voted at all. I don’t recob 
lect seeing him here. I wouldn’t swear he was here on the day of election. 

Q. Now, iMr. Troutman, although you were the registrar and by virtue of that 
you were one of the poll holders, you don’t know whether these people voted 
absentee ballots or not?—A. I can’t say. I don’t know about them things. I 
laid them down on the desk, and we left them there. 

Cross-examination by J. R. Price : 

Q. Mr. Troutman, you are not prepared to state under your oath whether any 
of these parties wliom Mr. Britt named to you did or did not vote on the day of 
election?—A. No, sir; I am not, except IM. L. Troutman; he didn’t vote. 

Q. You say he did not vote?—A. No, sir; I knew he was out of the State; he 
is my son, and he sent his money back here t(> pay his poll tax and his town tax 
and they turned it back, and a week or two before the election the absentee 
vote came in, and I knew he was out of the State and I didn’t vote it, 

Q. Mr. Troutman, who was your Republican poll holder?—A. Dave Morrow. 

Q. Who was the Democratic poll holder?—A. Dr. Anderson. 

Q. When you went to open these absentee votes that Mr. Britt has been asking 
you about, you did that tor the purpose of seeing whether there were any chal¬ 
lenges by anybody?—A. No, sir; they won’t. 

Q. Was there any dispute between you and Mr. IMorrow and your Democratic 
poll holder as to whether they should oi' should not be voted?—A. None what¬ 
ever, sir. 

Q, All ojiened and canvassed by you and Dr. Anderson and Mr. Morrow and 
all agreed that they should be voted—all the absentee votes that were voted?— 
A. Yes, sir. 

Q. And no challenges to them?—A. No, sir, 

Q. Did any of these that were voted as absentee ballots, Mr. Troutman, have 
the name signed on the l)ack or side of them?—A. Not that I seen. I did., 
see it. 

Q. Mr. Troutman, ]Mr. Britt asked you about transcribing the old book— 
the names from the old book and placing them in the new book. I ask you 
whether or not it became your duty as registrar when the old book was placed 
in. your hands, to revise the old book from time to time as the people there 
moved away or died?—A. Yes, sir. 

Q. Thus it became your duty, as you understood the law, to revise that 
book?—A. I think so; yes, sir. 

Q. And in transcribing the names from the old book to the new book nofc 
to transcribe the names of those that you knew had moved away, that yo^ 
knew to have died, and so on?—A. Yes, sir; if I knew a man was gone ■ 
didn’t transcribe his name, and I have occasionally left them back thinking 
they were gone and on election day they would pop up and want to vote. I 
have had that to happen very often—think they were gone and on the day 
of the election they would come in. 

Q. You sometimes thought they were gone and on election day they would 
come up and want to vote?—A. Yes, sir. 


1426 


CAMPBELL VS. DOUGHTON. 


Q. And their name wouldn’t be on the new book and yon wfnild go back and 
bnd it on the old book and yon would then transcribe it and allow them to 
vote?—A. Yes, sir; take a pencil and write it in, 

Q, Mr. Troutman, when yon got tbrongb—yon and yonr poll holders and 
yonr help—then yon connted np the ballots?—A. Yes, sir, 

Q. And was there any dispute l)etween yonr Democratic poll holders and 
Republican poll holders in regard to the matter?—A. None whatever. 

Q. Yonr election was perfectly fair and everyone satisfied so far as yon 
know?—A. No complaint whatever. 

Q. And yon and yonr Democratic poll holder and Mr, INIorrow, yonr Re¬ 
publican poll holder, all signed the retnrns?—A. Yes, sir. 

Q. And so far as yon knew everybody was satisfied?—A. No complaint as 
I heard whatever. 

il. Who was the clerk?—A. P. P. P>anmgartner. 

Q. When a man was voted yon found his name on the registration book 
and that name was called ont and he was voted and the clerk took his name 
down?—A. Yes, sir. 

(Objection by the contestant.) 

A. Anybody that come np and I knew he was a regnlar voter and lived 
there. 

Q, And he was properly recorded?—A. Yes, sir; and the crowd there was 
jnst continnally hollering, “ Let me go in,” and I had a man to stand ont— 
a Republican man—to call the names, to help me look over the book and get 
them, and there was a rush there all day, and I done everything in my power 
to get them voted. 

Q, If you waited to hniit all the names up on your registration book before 
permitting them to vote you would not have been able to get through?—A. No, 
sir; and where a man would come up that I knew was a regnlar voter the 
clerk would put his name down and he would vote, and I told Mr, Sides to stand 
out there. 

Q. Who is he?—A. Mr. Jap Sides. 

Q. What is his politics?—A. Republican, I suppose. 

Q. So when a man’s name was called and yon knew he wa^ entitled to vote 
yon let him vote? You are acquainted with these people up there and know 
who the voters are?—A. I know a lot of the people ont there, and I know a 
lot of their names, and if Mr. Baumgartner couldn’t find their names they was 
passed when I knew a man had a right to vote, and probably I wouldn’t get 
to check up for several names that I couldn’t find, and I would say, “ Let it 
go—I guess he is a regular voter.” If I had stoppe<l to hunt all the names I 
would not have gotten through, 

Q. You made an honest, earnest effort to hold that election fairly and treat 
everybody fairly?—A. I sure did. 

Q. Did the number of votes cast correspond with the poll books?—A. The 
tally sheet, I think, has more votes cast than on the poll book, to the best of 
my recollection. There might have been some people got in there that we didn’t 
get the name on the poll book; it was such a scramble and rush all day. We 
all worked, Democrats and Republicans, worked together to get them voted. 

Q. What kind of a scramble and rush was there out there?—A. Just like 
bees trying to get in a gum. 

Q. Was your place roped off?—A. We did have it roped off for 50 feet, and 
that morning there were some thought they were not going to get a chance to 
vote and they tore down the ropes and cut the ropes and there was a rush; just 
looked like bees trying to get in a gum, and I says, “Here, this won’t do; it 
has got to be kept in regular order or we will never get your names,” and I said, 
“ Get back outside,” and we stopped for a few minutes, and I told them we 
would just stop and not have any voting if they didn’t keep better order. They 
were scrambling and scrouging in there like bees, and I told them to get back 
and come in two and two—I had two gatekeepers appointed and they just burst 
them aside- 

Q. Were there more Republicans than Democrats?—A. Yes, sir; there was, in 
the morning. Yes, sir; I exi)ect it was two hours before a Democrat voted, 
before a Democratic vote was cast—I won’t be positive about it, but it looked 
that way. Democrats were very scarce there until 12 o’clock. 

Q. Notwithstanding this, you made an honest effort to hold an honest elec¬ 
tion?—A. I did, so far as I know. 

Q. Do you know who it was cutting the roi^es and raising sand out there?— 
A. I wouldn’t be positive who cut that rope, but this man Albert Lucas, I am 
pretty sure, cut the rope. 



CAMPBELL VS. DOUGHTON. 1427 

Q. What party does he belong to?—A. He is a Republican. He was as mad 
as a hornet and raised sand all the morning. 

Q. Gave you lots of trouble?—A. Yes, sir; lots of it—looked like he was 
going to run us out. 

Q. How was the crowd divided between the Democrats and the Republicans 
at the time the ropes were cut?—A. There wasn’t many Democrats there. 

Q. How large was the crowd?—A. Two or three hundred; maybe more than 
that. I wouldn’t be positive there were not over 200 on the ground. 

Q. They were crowding to get in to the polls?—A. .Just like a swarm of bees 
trying to get in a gum—just as thick as they could be—I first had them to come 
in one side and go out the other side l)ut it wasn’t but a few minutes until the 
crowd was coming in every way. 

Redirect examination by I. R. Bukleson : 

Q. You say you was not on the police force while you was handling the 
registration book?—A. I was working at night. 

Q. I believe you did have a little trouble out there challenge day?—A. Yes, sir. 

Q. And somebody had to take your pistol away from you?—A. No, sir. 

Q. Didn’t Mr. Morrow get it?—A. No, sir; a man jumped at me, and I had one 
arm broke at the time and I made arrangements to tend to him. 

Recross-examination: 

Q. What party did this man belong to?—A. He was a Republican. 

Q. Who was he?—A. This fellow M-; been in the penitentiary. 

Redirect examination: 

Q. I believe he was instructed to vote if he voted the Democratic ticket?—^A. 
No, sir; that was what we fell out about. He told a straight lie and when that 
is sprung on me—when he come up there I says, “ You are just a liar,” he was 
talking about voting, and I had this arm broke and he started at me and I- 

Recross-examination: 

Q. Were you on duty that day—at that time—as registrar?—A. Yes, sir; we 
was there holding challenge day. 

Q. During the hours for challenge day?—A. Yes, sir. 

W. F. RAMPEY", being duly sworn, testified as follows: 

By I. R. Burleson : 

Q. I show you an absentee ticket purporting to be your ticket; did you vote 
that ticket?—A. No, sir. 

Q. Did you authorize or instruct anyone to vote it for you?—A. No, sir. 

Q. Did you know anything of that ticket?—A. No, sir. 

Q. State whether or not you voted an absentee vote or in person at the last 
election?—A. I did not vote either one. 

Q. Is there any other Rampey in ward No. 2, as you know of?—A. Not as I 
know of. 

Cross examination by R. 1^. Smith ; 

Q. Where were you on the day of election?—A. Albemarle. 

Q. You were in the city?—A. Yes, sir. 

Mr. DAVE MORROW, being duly sworn, testified as follows: 

By I. R. Burleson : 

Q. Look at this ticket and state whether or not that ticket was voted and 
counted in ward No. 2—W. F. Rampey?—A. It was. 

Q. What position did you hold in the last election in ward No. 2, Albemarle?— 
A. Republican poll holder. 

Q. State whether or not you was present on that day?—A. I was. 

Q. I show you a batch of purported absentee tickets—state whether or not 
these tickets was voted in your ward—No. 2.—A. T. D. Reeves was voted; M. L. 
Troutman was voted-- 

Q. How do you know M. L. Troutman was voted?—A. I put the tickets in the 
box myself. Z. V. Martin voted; Jim Andrews voted; L. A. Losing was voted; 
M. B. Simmons voted; I don’t know how you pronounce that name—John Knabe 
voted; W. C. Mauldin voted; there’s two tickets for W. A. Calloway and they 
were voted- 





1428 


CAMPBELL VS. DOUGHTON. 


Q. Mr. Morrow, was you present at the hearing yesterday when Mr, Will 
Calloway testihed?—A. No, sir; I was at work. 

Q, I.iOok at these tickets?—A. K. C. Roberts voted. 

Q. Do you know where he was on the day of election?—A. I don’t know any¬ 
thing about him. G. M. Lefler voted; C. A. Nance voted; J. C. Gilbert voted ; L. 
S, Barbee voted; E. D. Price voted- 

Q. State if you know where K. D. Price is at?—A. I don’t know anything 
about him. Walter J. Barbee voted ; J. L. Moser voted ; T. F. Kirk voted ; Hattie 
Moose voted; T. W. Doolin voted; H. Bunn voted; Carl Roach voted; Moses A. 
Lowder voted; Wiley Davis voted; P. R. Davis voted; A. P. Roberts voted; 
Mattie J. Austin voted. 

Q. Will you state how it is that you know these voted?—A. I checked these 
certificates with a pencil as I put the tickets in. 

Q. You can’t state how they vote<i?—A. Some few I can. I started to mark 
it on some of the tickets, but they were mixed up—scratched and otherwise. 

Q. Is there anything else you know about this matter?—A. No, sir. 

Q. How many did you vote at ward No. 2; the total vote?—A. I think it was 
805. 

Q. State what time you got through voting them—was it before sundown?— 
A. We got through, I think, a few minutes—we couldn’t tell, we had to go by 
the time and some one said they knew the hour of sunset on that day and I 
think we got through—everybody voted and we waited probably 10 or 15 minutes. 

Q. Did I understand you to say you put the absentee ballots in the box—put 
all the absentee votes?—A. Yes, sir; all of them. 

Q. Was there any there that was thrown down—certificates from absentee 
voters?—A. There were. I think, two or three sets of tickets of parties that I 
knew had left here—that I knew of my own knowledge had gone and were not 
living here at the time. 

Q. State whether or not you challenged them, and if so, what was done about 
it.—A. Yes, sir; I told the registrar and other poll holder that I knew that these 
people were not entitled to vote and I tore the tickets—certificates up. 

Cross-examination by R. L, Smith : 

Q. What sort of a mark did you make on the tickets you voted?—A. I started 
to ke«p a record of them some way or other and I didn’t have time, because 
the tickets were split—started to put a D on the Democratic tickets and an R 
on the Republican tickets, but they were mixed up so, they would be part Dem¬ 
ocrat and part Republican, and J just made a check mark on there something 
like this. 

Q. Is this the check mark?—A. Yes, sir; I done that when the registrar said 
they were entitled to vote; he looked on his book and said they were entitled 
to vote. 

Q, You said W. A., Calloway voted two tickets—why didn’t you challenge him 
at the tim-e?—A, AVell, I called the attention of the registrar to that, and I 
don’t remember just what he did say about it. 

Q. Did you know he was the same man?—A. I didn’t know but what there 
was two Calloways, 

Q. You don’t know yet, do you?—A. No; I didn’t know—take the Furrs, there 
are three or four W., A. Furrs. 

Q. You don’t know how these people voted—some voted mixed votes?—A. 
Yes, sir; and I found one ticket where the entire county ticket was scratched off. 

Q. And some of the amendments left off?—A. Yes, sir. 

Q. And some with the congressional tickets left off?—A. I think they had a 
full set all the way through. 

Q. You can’t swear positively, can you?—A. No; but as I remember it. 

Q. A great many of the people who voted present voted irregularly, didn’t 
they?—A. Yes, sir. 

Q. Some omitted, some voted, and some had two in the bunch and two for the 
amendments?—A. Oh, yes, sir; did that all day. 

Q. All you know about these people registering and voting is this little mark 
on the ticket?—A. Yes, sir; I know that because they handed me the tickets 
and they were all together and I didn’t take the pin out until the registrar 
said they were entitled to vote. 

Q. If you hadn’t seen these tickets you would not have remembered the name 
on them, would you?—A. I would remember the most of them. 

Q. Out of 805 or 810. I believe the poll book show 810, vou couldn’t remember 
everybody that voted that day?—A. Oh, no; of course‘when we were voting 



CAMPBELL VS. DOUGHTON. 


1429 


these tickets only a very few people came up to vote because we delayed these 
until the last. 

Q. So, then, after the election if you hadn’t seen these tickets or certificates 
with the little mark you wouldn’t have known whether they were the ones that 
voted out there?—A. Not all of them, 

Q. You can’t swear positively, then, that these marks are the ones on the 
tickets there?—A. Yes. sir; I think I can. 

Q. You have no way except by that little mark?—A. No. 

Q. And you can’t swear that is the mark you put there, can you?—A. Well, 
I think I can ; most of them anyway. 

Q. That mark could have been put on other tickets the same way?—A. Sure. 

Q. You can’t be absolutely certain that is the particular mark you put on 
there?—A. Y'es, sir'; I think so. 

Q. These tickets were .just thrown down and left there?—A. Yes, sir. 

Q. .When did you see tliese the first time after election da.v?—A. T saw them 
about three weeks. 

Q. After the election?—A. Yes, sir. 

Q. Where have they been all of that time?—A. They have been around in 
various places. 

Q. And various and sundry people have handled them?—A. I suppose so. 

Q. Can you tell us some of the people you know who had them?—A. Well, 
no; I have seen Dr. Campbell have them. 

Q. Anybody else?—A. Not that I know of. 

Q. Whenever you have seen them they have been in his possession ?—A. Yes, 

sir. 

Q. Do you know who jrot these up after the election?—A. Well I jrot some 
of them ; they were there .I'ust scattered all over the floor and we carried the 
boxes to another place and after we j^ot the boxes in I went back to 2 ;et them 
and they were .aone—some of them. 

Q. Y^ou don’t know who , 2 :ot them?—A. No, sir. 

Q. Now, INIr. Morrow, thei-e was quite a rush there that morning?—A. Yes, 
sir. 

Q. Great crowd?—A. Yes, sir. 

Q. And you all bad to work fast to get this 810 voted by sundown?—A. Yes, 
sir; we had to vote something like two a minute. 

Q. I ask you if you and the other .I’udge and the registrar didn’t work just 
about as hard as you possibly could?—A. Y^es, sir. 

Q. And tried to treat everybody fair?—A. Y"es, sir. 

Q. And going so fast the registrar wouldn’t take time to find all the names 
on the registration book?—A. T don’t know about that—that was his .iob. 

Q. He had another man to help him call olf the names?—A. Y’'es, sir. 

Q. And the names were taken down on the poll book?—A. Y"es, sir. 

Q. So far as you can tell, the election was absolutely fair?—A. It was. 

Q. Was there any challenge made there that day?—A. A few in the beginning 
of the voting that morning. 

Q. Any of these parties challenged that day—these absentee voters?—A. No, 
sir; no one challenged. 

Q. Anybody had a right to challenge that day that wanted to, didn’t they?— 
A. I suppose they did. I think so yes, sir; they had a right. 

Q. And no challenges were made except a few that morning and these were 
decided by tb^' unanimous consent of you three?—A. Well, I don’t know; we 
l)robably studied it over, but in ealling the registrar’s attention we knew we 
wouldn’t have time to vote them all when these challenges commenced—we didn’t 
have time for anything like that and we wanted everybody to vote that was 
entitled to vote and if we had taken time for these we wouldn’t have got 
through. 

Q. Y^ou did have challenge day on Saturday?—A. Y"es, sir. 

(}. And heard them on INIonday?—A. Yes, sir. 

Q. And there were a great many heard there that day?—A. No; we didn’t 
hear but very few that day. 

Q. Everybody that was challenged was heard that day, were they not—heard 
ami passed on?—A. No; I don’t know as they were. We met on Monday morn¬ 
ing to hear these challenges and a lot of people that was to come up there and 
the peoi)le that made the challenges, failed to show up and it was that way on 
both sides, and they bad a little rucas and the parties went home. 

Q. Mr. Morrow, do you know of anything that took ii^ce at that election 
on November 2 that was to the disadvantage of the contestant. Dr. Campbell?— 


1430 


CAMPBELL VS. DOUGHTON. 


A. No; I don’t think anything occurred that it would ))e to his disadvantage— 
of course, a tremendous crowd there and like they would he everybody thought 
they had to vote first that morning and it was just a rush and push, 

Q. So far as you know, everybody was finally given an opportunity to vote?— 
A. Oh, yes; everybody—every person that presented himself that day got to 
vote if he was qualified to vote. 

Q. Do you know of any unfair treatment whatever that the contestant. Dr. 
Campbell, received there that day?—A. No; I can’t recall any. 

Q. In your opinion, would .you consider it a fair election that was held 
there?—A. Yes, sir; I think it was as fair as we have ever had in the county. 

Q. Was there any soldier challenged there that day on account of poll tax?— 
A. No. 

Q. None whatever?—A. No. 

Q. And if there had been you would have passed them, would you not?—A. I 
would. 

Q. In other words no point was made of that on that day?—A, No. Well, 
there was a soldier pre.sented himself to vote and he had been living in South 
Carolina. 

Q. That was on account of residence?—A. Yes, sir, 

Q. And not on account of poll tax?—A. No. 

Q. Neither side made any point about that?—A. None that I remember. 

Redirect examination: 

Q. Mr, Morrow, if Mr. Rampey had voted—if Mr. Rampey's absentee vote 
was voted without his knowledge and consent, and these others in that precinct 
that was regular, then do you consider that Dr. Campbell got fair and impartial 
treatment?—A. The way I looked at it, these tickets were presented there, and 
Mr. Rampey—I knew he was a citizen of the place and I knew, or at least I 
thought, he had a right to vote, so I put the tickets in. 

Q. Now, Mr. Morrow, if Mr. Rampey had sent that ticket himself and voted 
his sentiments for Hon. Robert L. Doughton- 

(Contestee objects, because there is no evidence as to how he voted or how 
he would have voted.) 

Q. Mr. Morrow, answer this question: If everybody had voted their senti¬ 
ments out there it would have been fair to both sides, wouldn’t it?—A. I 
suppose so. 

Q. These tickets that was voted without the knowledge and consent of par¬ 
ties, do yon consider that as a fair election?—A. I don’t know anything about 
that. 

(The contestee objects to the question, because there is no evidence that the 
electors voted without their knowledge or consent.) 

A. Of course, INIr. Smith asked me the question if I knew of anything that 
was done out there that would be detrimental to Dr. Campbell. 

Q. At that time you did not?—A. I did not. 

Q. If any person was voted without their knowledge or consent, then you 
don’t consider that it was fair to both sides, do you?—A. If any person voted 
without their knowledge or consent and voted irregularly, I would say that 
would be against Dr. Campbell, but as far as I was concerned I didn’t know, 
because I thought Mr. Ram]ie.y was away from here. 

(The contestee objects to the question and the answer because there is no 
evidence to show that any voter was voted without his knowdedge or consent 
or that he would have voted for the contestant. Dr. Campbell.) 

Q. Mr. IMorrow, do you know more than one W. A. Calloway in North Albe¬ 
marle?—I do not. 

Hearings resumed wherein James I. Campbell is contestant and R. L. Dough- 
ton is contestee, this the 12th day of March, 1921, James I. Campbell being rep¬ 
resented by ]Mr. I. R. Burleson and R. L. Doughton being represented by Attor¬ 
neys W. L. Mann and H. Craig Richardson. 

Hearings resumed at Oakboro, N. (3,, the same continued from Albemarle, 
March 1, this evidence being taken before S. G, Howard, notary public ami 
commissioner of testimony. 

Mr. WILL HINSON, recalled, testitied as follows: 

Direct examination by INIr. I. R. Burleson : 

Q. Your name is .Will Hinson?—A. Ye.s. 

Q. Where do you live?—A. Albemarle, ward 2. 

Q. Are you familiar with the peo])le who vote in Albemarle, ward 2, and how 
they vote?—A. To some extent. 



CAMPBELL VS. DOUGHTON. 


1431 


Q. How long hnve you been a voter in that ward?—A. For the last four or 
hve elections; and then I was out of that ward for some bit and came hack to it. 

Q. xou have discussed and seen the names of absentee voters; what, in your 
opinion was the per cent of that absentee vote that Campbell would have 
received as candidate for Congress?—A. He would not have received 10 pei- 
cent. * 

(Contestee objects to the question and answer.) 

mean to say that Doughton would have received more than 90 per 
cent?—A. Yes; more than 90 per cent. 

(Contestee objects.) 

Q. I ask you if you knew at the time of the election whether or not Tom 
Stanley was living in Albemarle, ward 3?—A. He was living in Big Lick Town¬ 
ship. 

Mr. .TOPIN A. HARTSELL testified as follows; 

Direct examination by Mr. I. Pi. Burpkson : 

Q. Your name is John A. Plartsell?—A. Yes. 

Q. You live in this township?—A. Yes. 

Q. Mr. Hartsell, were you an elector in -this township at the November elec¬ 
tion?—A. Yes. 

Q. How long had you lived in this township prior to the election?—A. All 
my life. 

Q.You had paid your poll tax?—A. Yes. 

Q. Did you vote at the last election?—A. No. 

Q. Why did you not vote?—A. It was crowded and I could not get in. 

Q. If you had been permitted to vote, for whom would you have voted for 
Congress?—A. Campbell. 

Mr. S. S. SMITPI testified as follows: 

Direct examination by Mr. I. R. Burleson : 

Q. Your name is S. S. Smith?—A. Yes. 

Q. Where do you live?—A. In this township. 

Q. Were you living here at the time of the November election?—A. Yes. 

Q. Did you vote at the November election?—A. No. 

Q. State why you did not vote?—A. Could not get in. 

Q. If you had been permitted to vote, for whom would you have voted for 
'Congress?—A. Campbell. 

Q. How long had you lived in this township?—A. All my life. 

Q. You paid your poll tax?—A. Yes. 

Cross-examination by Mr. W. L. Mann : 

Q. There was a large crowd of people here that day?—A. Yes. 

Q. Most of the voters in this precinct are Republican, are they not?—A. Yes. 
Q. Do you know the results of this election, what the majority was?—A. No. 
Q. Have .vou heard anyone say?—A. No; I don’t know as I have. 

IMr. P. L. PHNSON testified as follows: 

Direct examination: 

Q. Your name is P. L. Hinson?—^A. Yes. 

Q. How did you register?—A. Paul L. 

Q. How long have you lived in Big Lick Township?—A. All my life. 

Q. Had you paid your poll tax prior to IMay 1 last year?—A. Yes. 

Q. Mr. IPinson, did you vote in the November election?—A. No. 

Q. Why did you not vote?—A. Well, there was such a crowd I could not 
get in. 

Q. If you had been permitted to vote, for whom wouhl you have voted for 
Congress?—A. Campbell. 

Mr. D. BOST HINSON testified as follows: 

Direct examination; 

Q. Your name is D. Bost Hinson?—A. Yes. 

Q. Are vou a citizen of Big Lick Township?—A. Yes. 

Q. How long have you lived here?—A. All my life. 

g. How old are you?—A. Forty-one. 

g. State whetlier or not you paid your taxes before May 1.—A. I had paid 
them. 


1432 


(CAMPBELL VS. DOUGHTON. 


Q. Did you vote in the November election, 1920?—A. No. 

Q. AVliy did yon not vote?—A. Could not get in. 

Q. If you had been permitted to vote, for whom would you have voted for 
Congress ?—A. Campbell. 

Mr. C. L. AUSTIN testified as follows: 

Direct examination : 

Q. Your name is C. L. Austin?—A. Yes. 

Q. What is your first name?—A. Crawford. 

(J. Now, Air. Austin, where do you live?—A. Here in Big lack Township. 

Q. How long have you lived here?—A. All ray life. 

Q. How old are you now?—A. Twenty-four. 

Q. Had .you paid your poll tax prior to Alay 1, 1920?—A. I did. 

Q. Did you vote in the November election?—A. No. 

Q. AVhy did you not vote?—A. Could not get in. 

Q. If you had been permitted to vote, for whom would you have voted for 
Congress?—A. Campbell. 

Mr. N. ELI AUSTIN testified as follows: 

Direct examination: 

Q. Your name is Eli Austin?—A. l^'es. 

Q. Where do you live?—A. In this township. 

Q. How long have you lived here?—A. All my life, 

Q. What is your age?—A. Forty-five. 

Q. AA'ere you registered for the November election, 1920?—A. Yes. 

Q. Did you vote in that election?—A. No. 

Q. AVhy?—A. Because I could not get to the polls. 

Q. You were there and tried to get in?—A. Yes. 

Q. State whether or not you had paid your poll tax prior to May 1?—A. Yes. 
Q. If you had been permitted to vote, for whom would you have voted for 
Congress?—A. Campbell. 

Q. Now, Mr. Austin, do you know what was the cause of the people not 
voting in Big Lick Township on November 2, 1920?—A. Why, I don’t know 
that I can answer that. 

Q. State Mdiether or not the people voted as fast as they should have been?— 
A. I don’t know’; it might have been that they could have voted faster, but 
they didn’t do it. 


Mr. F. L. HELMS testified as follow’s: 

Direct examination: 

Q. What is your name?—A. F. L. Helms. 

Q. How^ long have you lived in Big Lick Towmship?—A. lake the rest; .all 
my life. 

Q. How^ old are you?—A. Forty. 

Q. Had you paid your poll tax prior to May 1?—A. I had. 

Q. Did you vote in the last election?—A. No. 

Q. Why did you not vote?—A. Crowaled up there. 

Q. Were you registered?—A. Yes. 

Q. If you had been permitted to vote, for wdiom w’ould you have voted for 
Congress?—A. Campbell. 

Q. Do you know^ anything .about the conspiracy or dilatory tactics used by 
the registrar and Democratic electors in Big Lick Towaiship to hinder and 
delay the people from voting?—A. I don’t know that I do; seems like tlu^y did 
not get along much. I w’as not in the house, but it seems like they w’ent mighty 
slow. 

Q. Do you know, of your owm knowledge, of any of the Democratic poli¬ 
ticians of Albemarle being in Oakboro on Monday evening, prior to the 
election Tuesday?—A. No. 

Mr. B. M. GREEN testified as follow’^s: 

Direct examination: 

Q. Mr. Green, were you registrar at the last election?—A. No, I w^as not; but 
had before that time. 

Q. Now% INIr. Green, were you at the election?—A. Yes. 


CAMPBELL VS. DOUGHTON. 


1433 


Q. Did you vote?—A. No. 

Q. ^ li.v did you not?—A. It was so crowded. 

Q. State whether or not you tried to get in and vote'i'—4 Whv T irot mv 
tickets an,! walked up to go in, but could not. ' ^ ^ 

fo?Cengress?L7. 'SlmpbeU.’’®™’^^' 


Mr. M. L. ALMOND testified as follows: 

Direct examination: 

Q. Your name is M. L. Almond?—A. Yes. 

Q. What are you known by?—A. IMartin L. 

Q. Were you re.a;!stored ?—A. Yes. 

Q. Did you vote?—A. No. 

^ Q. 4\hy did you not vote?—A. Well, there was a crowd and I could not ; et 
to 'v^oto* 

Q. If you had been permitted to vote who would vou have voted for for 
Congress?—A. Campbell. 

Q. Had you paid your poll tax before May 1, 1920?—A. I think so. 

Q. Had you been a resident of Big Lick Township four months prior to the 
election?—A. Yes. 

Q. County six months?—A. Yes. 

Q. State two years?—A. Yes. 


Mr. ALEC GRIFFITH testified as follows: 

Direct examination: 

Q. Where do you live?—A. In this township. 

Q. How long have you lived here?—A. About 25 years. 

Q. Were you registered for the last election?—A*. Yes. 

Q. Did you vote in the November election, 1920?—A. No. 

Q. Why did you not vote?—A. I could not get in. 

Q. If you had been permitted to vote for whom would vou have voted?—A. 
Campbell. 

Q. You had paid your poll tax?—A. Yes. 

Mr. P. B. HILL testified as follows: 

Direct examination: 

Q. Were you registered in Big Lick Township for the last election?—A. Yes. 
Q. Did you vote?—A. No. ^ 

Q. State why you did not vote?—A. Well, it was so crowded you could not 
get in. 

Q. If you had been permitted to vote for whom would you have voted for 
Congress?—A. Campbell. 

Mr. ABNER HATLEY testified as follows: 

Direct examination : 

Q. Your name is Abner Hatley?—A. Yes. 

Q. How old are you?—A. Seventy-one. 

Q. Did you vote at the last election?—A. No. 

Q. How long have you lived in Big Lick Township?—A. All my life. 

Q. If you had voted in the last election for whom would you have voted for 
Congress ?—A. Campbell. 

Q. State why you did not vote?—A. Well, there were so many crowded in 
so I tried to get in but could not. 

Q. Do you know anything about the voting that was carried on here that 
day, whether or not it was slow?—A. I do not, more than what I heard people 
talk around that it was mighty slow. 

(Contestee objects to hearsay evidence.) 

Mr. L. W. COMER testified as follows: 

Direct examination: 

Q. How were you registered for the last election?—A. L. W. 

Q. How long have you lived in this township?—A. Little over thre(‘ years. 

Q. So you have been in the county six months and State two yeai-sV—A. Yes. 
Q. Were you registered for the November election?—A. Yes. 


1484 


CAMPBELL VS. DOUGHTON. 


Q, Did you vote?—A. No. 

Q. State why you did not vote?—A. It was crowded. 

Q. If you had i)een permitted to vote for whom would you have voted for 
CongTess?—A. Campbell. 

Q. State whether or not you had paid your poll tax prior to May 1?—A. Yes. 


Mr. WILI. SPRINGER testified as follows: 

Direct examination: 

Q. Your name is Will Springer?—A. Y^es. 

Q. How long have you lived in Big Lick Township?—A. All my life. 

Q. How’ old are you now?—A. About 36. 

Q. State if you were registered for the last election held in Big Lick Town¬ 
ship?—A. Yes. 

Q. Did you vote in that election?—A. No. 

Q. Why?—A. They were crowded so I could not get in. 

Q. If you had been permitted to vote for whom would you have voted for 
Congress?—A. Campbell. 

Q. State if you had paid your poll tax prior to IMay 1?—A. Yes. 

Cross-examination by Mr. W. L. Mann : 

Q. How many times did you try to get in?—A. I could not tell you how 
many times; I was here all day. 

Q. IMu mean to say you were trying all the time to get it?—A. I was not 
trying all the time but was there all day. 

Q. How much of the time were you actually trying to get in?—A. I don’t 
know that. 

Redirect examination : 

Q. You were there waiting and ready to go in any time that day?—A. Yes. 

Mr. W, HAMP DRY’LL testified as follows: 

Direct examination: 

Q. Your name is W. Hamp Drye?—A. Yes. 

Q. How old are you?—A. Forty-eight. 

Q. How long have you lived in Rig Lick Township?—A. All my life. 

Q. State if you had paid your poll tax prior to IMay 1 last year?—A. I had. 

Q. State if you were registered for the November election, 1920?—A. Yes. 

Q. Did you vote at that election?—A. No. 

Q.-Why did you not vote?—A. Well, it seemed to be crowded and I could 
not get in. 

Q. You were here ready to go in?—A. I came early and stayed until sun¬ 
down. 

Q. If you had been permitted to vote for whom would you have voted for 
gress?—A. For Campbell. 

Q. Carl you tell us anything about the dilatory tactics used in hindering and 
delaying the vf)ters that day?—A. No; I don’t believe I can. onlv it seemed it 
went mightly slow. 


A. All my life, except 
election, countv six 


Mr. R. .1. HILL testified as follows: 

Direct examination: 

Q. How are you registered?—A. Robert .1. 

Q. How long have you lived in Big Lick Townshi})? 
about two years I lived in Furr. 

Q. State if you lived here foui- months prior to the 
months, and State two years?—A. Y^es. 

O. Did you pay your poll tax before May 1 ?—A. Y>s. 

0. Was your name registered?—A. Yes. 

Q. Did you vote?—A. No. 

Q. Why did you not vote?—A. Well, there was so mam 
throu,gh that dooi- I said I was not going in through that mess' 

0. If y<m Iind I.epn permitted to vote, for wlioni would you have voted 
Congress?—A. Dr. Campbell. 

Q. Can you tell us anything about the dilatory tactics used in hindering 
voters from casting their vote?—A. I was not in there. 


trying to 


set 

for 

the 


CAMPBELL VS. DOUGHTON. 


1435 


Q. State if the people came out of the front door from where they were voted 
as fast as you thoujjlit they should; whether or not they were voted as fast as 
you thought they should have been?—A. It seemed to me that they were 
mightly slow. Me and Steve Little paired off along in the afternoon. 

Cross-examination by Mr. W. L. Mann : 

Q. He was a Democrat?—A. Yes. 

Mr. AMOS HUNEYCUTT testified as follows: 

Direct examination: 

Q. Your name is Amos Huneycntt?—A. Y'es. 

Q. Where do you live?-—A. Three miles east of here. 

Q. Were you registered for the November election, 1920?—A. I was. 

Q. Did you vote in tliat election?—A. I did. 

Q. State what you know, if anything, about how long it took the people to 
tote, and how the vote was carried on that day?—A. I timed one and he failed 
to find the name in 25 minutes. 

Q. State if thei-e was any voting going on while he was looking for that 
name?—A. There was not. 

Q. State if the registrar, Henry Efird, shut up the book and left the polls 
and stopped voting any other time to your knowledge?—A. Not that I know of. 

Q. State if at any other time it took him some time to find the names of 
the registrants on the book?—A. I did not time him but one time. 

Q. Do you know of any other delay?—A. No. 

Q. State if, in your opinion, that if the registrar had desired, could all the 
electors in Big Lick Township have been voted?—A. Yes. 

fContestee objects.) 

Q. State if you know of any conspiracy relative to hindering and delaying 
the voters in Big Lick from casting their ballots on November 2?—A. Not that I 
know of. 

Cross-examination by Mr. W. L. Mann : 

Q. Was that your name they were looking for?—A. No. 

Q. Do you know whose name it was?—A. I do not. 

Q. You don’t know whether it was in the H’s or A’s?—A. No. ^ 

Q. Do you know the man?—A. It was a lady. 

Q. Were you present at the time?—A. I was. 

Q. How long were you in the polling place?—A. I was not in the polling 
place; I was outside. 

Q. How far were you from the registrar?—A. About eight stei)s. 

Q. Did you see him all the time at that time?—A. I did. 

Q. What was he doing during that time?—A. Looking for the name. 

Q. Was he looking for the name the whole time?—A. Yes. 

Q. Do you know how many names are on the Oakboro registration book 
commencing with H?—A. I do not. 

Q. Do you know how many names are on the registration book for Oakboro 
Township?—A. I do not. 

Q. Have you taken tlie trouble to see how long it would take you to find a 
name' out of a thousand names?—A. No. 

Q. Did you go in the building any time during the day?—A. Only when I 
went in to vote. 

Q. Did you vote inside the building or outside?—A. Inside. 

Q. How long were you in the building?—A. About 10 minutes. 

Q. Could you say what was going on while you were not in there?—A. Not 
all the time. 

Q. What time did they move into the building?—A. About 9 o’clock that 
morning. 

Q. So you don’t know anything about the conducting of the election inside the 
building except about 10 minutes you were in there?—A. That is all. 

Mr. INI. A. WHITLEY testified as follows: 

Direct examination: 

Q. Your name is M. A. Whitley?—A. Yes. 

Q. How long have you lived in Big Lick Township?—A. All my life, 52 years, 
except one year. 


1436 


CAMPBELL VS. DOUGHTON. 


Q. Were yon here in Oakboro on election day, November 2, 1920?—A. I was 
here the biggest part of the day. 

Q. State where else you were on that day?—A. I was at Albemarle and was 
at Stanfield. 

Q. Will you please tell the court what was your mission to Albemarle?—A. I 
was down there to get information as to the votes that were not likely to be 
cast in this precinct; what course to take in order to secure their rights 
’as citizens. 

(Contpstee objects to question and answer on the grounds of incompetency.) 
Q. State what time you left Oakboro to go to Albemarle?—A. I don’ remem¬ 
ber; it was not far from 12 o’clock, but I may be off an hour either way. 

Q. Now, Mr. Whitley, state if the registrar was trying to vote the people as 
you, in your opinion, thought he should have on that day? 

(Contestee objects.) 

A. No; I would like to say this: He was not getting along and was either not 
trying or was not competent for the job. 

Q. State if that was not why you were not trying to seek relief to hurry the 
registrar up?—A. Yes. It was freely expressed through the crowd here that day 
that he was doing it on purpose. 

Q. What purpose?—A. r\)r the purpose of keei)ing out a number of Re¬ 
publicans from voting, as there was no delay or nothing at any place except 
here and Furr; it came word from Furr that the same state existed up there. 

Q. State what is the relative vote of the Republicans and Democrats voting in 
Rig Lick Township?—A. It is not far from 4 to 1. 

Q. State from your knowledge and observation, and what you have heard, 
what is the relative vote of the Republican and Democratic electors in the Furr 
Township?—A. Something like 3 to 1. It might not go over 2 to 1. 

(Contestee objects to question and answer.) 

Q. You have previously stated that you heard of no other trouble save Big 
Lick and Furr Townships relative to any of the electors being deprived of cast¬ 
ing their votes?—A. Y’'es. 

Q. State if there was any trouble in around the polling box in Big Lick Town¬ 
ship while yo\i were present?—A. No, nothing; only just a crowd there waiting 
patiently for an opening to go in. 

Q. State if you know anything about some of the Democratic politicioners 
from Albemarle being in Oakboro on Monday evening prior to the election on 
Tuesday?—A. I believe I saw on Monday evening before the election, I did one 
afternoon and I believe it was Monday, Mr. Furr and IMr. Turner, the attorney. 

Q. Do you know whether or not they were in consultation with the registrar 
of Big Lick Township?—A. I do not know. * 

Q. Do you know how slow the vote was pursued here in Oakboro?—A. Not of 
my own knoweldge; they went in—when I was there they were admitted very 
slowly but I did not time it. 

Q. State if the Republicans or the voters hindered anyone from going in 
except the Democratic election officials?—A. No; they did not. 

Q. Mr. Whitley, you can state, as you have already stated, that you went to 
Albemarle; what information did you receive relative to voting the people in 
Big Lick Township, and if any, from whom?—A. Well. I went to Albemarle 
and went to your office and you called up IMr. G. D. B. Reynolds; I told at the 
rate the vote was being cast out here that they would lack some 300 of being cast 
and wanted to know what course to take. And they told me to come on back 
until the polls were closed that evening to take the tickets of every person that 
was there with their names written on the back of their ticket. 

(Contestee objects to this evidence.) 

Q. State if you were not instructed to do all you could to vote the people and 
keep everything perfectly quiet?—A. Yes; they had been practicing that all the 
way through. 

(Contestee objects.) 

(}. State whether or not there was any trouble to delay any voter here that 
day, to your knowledge?—A. Not while I was here. 

Q. State if the Democratic registrar had wanted to and tried could he have 
voted every (‘h'ctor in Big Lick Township?—A. In my opinion he could. 

(Contestee objects to this evidence on account of it being opinion evidence.) 

Cross-examination by Mr. W. L. Mann: 

(j. I believe you stated you were here in the morning, but you went to Albe¬ 
marle?—A. Yes. 


CAMPBELL VS. DOUGHTON. 1437 

Q. And you went to Albemarle and to Stanfield?—A. No; I came back and 
then went to Stanfield. 

Q. How long were yon gone from here?—A. I suppose two hours to Alb<‘- 
marle and an hour or an hour and a half to Stanfield. 

Q. In other words, you were out of Oakboro about two hours, on your way 
to Albemarle?—A. Yes. 

Q. This was all in the afternoon?—A. I won’t say; to the best of my judg¬ 
ment it was about 12 o’clock when I left, but I could be mistaken about that. 

Q. You say that the election officials are the only ones who prevented the 
voters from voting that day; what do you mean by that?—A. I mean the regis¬ 
trar did not find the names and did not check them off fast enought; now, 
the judges, I think, I have heard one said he could have voted 1,500. 

Q. That is just your opinion as to whether they voted as fast as they could?— 
A. I am not saying; I just stated this; I said he did not vote them as fast as 
he should, if he was well qualified for his jgb. 

Q. That is your opinion?—A. Yes. 

Q. Have you taken the trouble to see how long it takes to find the name, 
where there is 250 names of one letter?—A. Not in that way, I have not; I have 
had some little experience along, by hunting words at some little test. 

Q. You don’t know how long it would take, do you?—A. No; I do not know. 
Q. I will ask you if you do not know, of your own knowledge, that there are 
at least 50 Huneycutts on the register?—A. I don’t know how many, but 
would not be surprised that is a very conservative, ^timate of it. 

Q. You say you saw some Democratic politicioners out here sometime before 
the election; did you see any Republican politicioners out here?—A. I saw 
George Palmer, now registrar of deeds; he was here one day, but how long 
before the election I don’t remember; was out here and spent two or three 
hours. 

Q. Did you see Mr. Burleson out here about that time?—A. No; if I saw 
him I don’t recollect it, and I believe if he had been out here I would have met 
him. 

Q. I believe you stated most of the people here are Republicans, and the 
crowding at the polls was done by Republicans, was it not?—A. Largely; there 
was five to one, I reckon. 

Q. And there were Democrats who failed to vote, as well as Republicans?— 
A. Yes; there was some I know, because in the late afternoon there was a 
few that paired. 

Q. Frankly, is it not your opinion that the proportion of Democrats who 
failed to vote was as large as the Republicans, considering the proportion of 
Republicans to Democrats?—A. Well, I had not thought about that; the pro¬ 
portion would not be very wrong. I said, and still think, about four or five 
to one. There was something over 100 Republicans and there were some 25 
or 30 Democrats. 

Q. You would not say, Mr. Whitley, any attempt was made to keep just 
Rei)ublicans from voting, and not the same attempt to keep Democrats from 
voting, would you?—A. Well, now, only one thing carried a little partiality 
with it; they stationed two doorkeepers, both Democrats, in the door and let 
them have the power to admit who they chose to admit. 

Q. Did they make a discrimination?—A. I did not watch that very close; 1 
was only there for a few minutes. I did not watch it close enough to say that 
I discovered any discrimination. 

Q, You do n(»t know of any case where a Republican was refused admittanci; 
and Democrat allowed to go in?—A. I do not. 

(}. There was one bailiff?—A. Yes; at the rear door. 

Q. And a Democrat at the other door?—A. Two at the other door. 

O. Those bailiffs did not keep anyone out when they had an opportunity to 
vote them inside, did they?—A. I could not say about that; I don’t think they 
did. I think they admiHed them as the registrar would pass them to the 

judges of the election. _ 

Q. In other words, the bailiffs would let them go in just as fast as the elec¬ 
tion officials would let them vote?—A. I don’t know. I was on the outside 
and what they were doing on the inside I could not say. 

6 So the only thing that you saw there was some delay—in your opinion, 
delayed by the election officials, registrars, etc.?—A. They were not 

Q.‘ Was not anything like a rush on the polLs—anything like that?—A. lou 

mean the judges? 

Q. Yes.—A. No; they handled their part of the work. 


1438 


CAMPBELL VS. DOUGHTON. 


Q. Was there anything like voters right around tlie registrar helping him 
look for names?—A. Not that I know of. 

Q. How long were yon inside?—A. Maybe three minutes, all told. 

Q. So far as you know, they found the names and carried on the election as 
rapidly as possible?—A. So far as I know. I don’t know how fast Mr. Etird 
could find the names; it might have been he did the best he could. 

Q. Well, INIr. Efird is a business man here?—A. Yes. 

Q. Handles his books?—A. Own bookkeeper. 

Q. Is he a man of good reputation?—A. Yes. 

Q. Does he stand well in the community?—A. Never heard anything up 
until this in any way. 

Q. You consider him a man of good character?—A. Yes; I don’t hesitate 
to give him a good character. 

Q. Who was .ludge of the election?—A. Dr. Kennedy. 

Q. And who the Repuhlican?—A. Brother O. O. Whitley. 

Q. Are they all men of good character?—A. Yes. 

Redirect examination: 

Q. Do you know Mr. Philip Smith?—A. I did. 

Q. Is he now dead?—A. Yes. 

Q. Was he here on election day?—A. He was. 

Q. Do you know his reputed politics?—A. He was a Republican. 

Q. Did he vote?—A. He did not. 

Q. Would he have voted for Dr. Campbell if permitted to vote?—A. He 
came to me while I was taking up the tickets and offered me his ticket and 
gave me his name. 

Q. Was there a Campbell ticket in the batch?—A. It was. 

(Contestee objects.) 

Q. Do you know Charlie Miller?—A. I do. 

Q. Do you know where he is now?—A. In South Carolina. 

Q. Do you know whether or not he was an elector in Big luck Township?— 
A I do not know. 

Q. Was he living here?-—A. He was. 

Q. Did h6 vote?—A. Did not. 

Q. If permitted to vote, for whom would he have voted for for Congress?— 
A. Campbell. 

(Contestee objects to all the foregoing evidence concerning IMr. Miller.) 

Q. Do you know Wade A. Whitley?—A. Yes. 

Q. Was he at the election November 2, 1920?—A. He was. 

Q. Did he vote?—A. He did not. 

Q. If he had voted, for whom would he have voter! for Congress?—A. 
Campbell. 

(Contestee objects to this testimony.) 

Q. State why he did not vote?—A. He could not get in. 

Q. Was he a legal voter in Big Lick Township?—A. He was. 

(Contestee objects.) 

Q. Had he paid his poll tax?—A. He was a soldier boy; I don’t think he paid 
his taxes. 

Q. He had been exempted by the county commissioners from poll tax under 
their ruling?—A. He did not go in i)erson but there was a general exemption. 

Q. State whether or not he had been a resident of Big Lick Township four 
months prior to the election, six months in the county, and State two years?— 
A. Yes; he was born and raised here and never been out except a few times 
for a short while. 

IMr. JACOB IIARTSELL testified as follows; 

Direct examination; 

Q. Your name is Jacob Hartsell?—A. Yes. 

(}. How long have you lived in Big Lick?—A. I was born here; been out 
some but been here four or five years. 

Q. Y'ere you here at the November election, 1920?—A. Yes. 

Q. You can state to the court how much time the registrar hindered and 
delayed in looking up the names of the electors? 

(Contestee objects to the form of the question.) 

A. I did not time him or anything like that; told us old fellows to go around 
lo the back door and they would take us in, and I sat there for an hour or an 
hour and a half before I voted. It was a very slow process. 


('AMPBELL YS. DOUGHTON. 


1439 


<}, Yon ()l)servetl tho coiuliict of the registrar, did he vote those people as 
fast as he eould or should have?—A. Well, I said at the time he had two 
hi'othoi's that could have voted two to his one easy. 

(.^ Mr. Hai'tsell, was it not generally rumored around Oakhoro here that the 
election was held up iu order to keep Reinihlicans from voting their strength ?—- 
A, That was talked. 

<Oontestee objects to rumor evidence.) 

Q. Is there anything else you know about this matter?—A. No; nothing 
special about it. 

<}. Did you time the men?—A. No; hut he went very slow. He looked over, 
the list twice to see my nanie. 

(2. About how long in your opinion did it take him to look up and tind the 
names?—A. I was sitting at the back of the house and they came out very 
slow. 

Q. 1 believe you stated you made the statement at the time that either of 
his brothers could have voted two to one?—A. Yes. 

Q. Voting at that rate all the electors in Big Lick Township would have 

been able to cast their votes that day?—A. Y^es. 

Cross-examination by Mr. W. L. Mann : 

Q. Do you know how many voted?—A. I don’t know a thing about it. 

Q. Suppose there were 700 voted, you think they could have voted 1,400?— 

A. I am satisfied a man that could have looked anything like reasonable over 

his books could have voted two names to his one. 

Q. So you would say they could have voted twice as many as they did vote?— 
A. That is my opinion. 

Q. So if 700 actually voted you are sure 1,400 could have voted that day?— 
A. Yes; I think they could. 

Q. xVbout how long did it take to cast a vote?—A. I don’t know; it took 
some bit. 

Q. Twenty-tive minutes for each voter?—A. I would not say about the 
minutes, but they came out very slow. 

Q. Well, you state it was very slow, you have some idea as to how many 
voted, about how long it took to vote don’t you?—A. No; I would not say be- 
c*ause I do not know; some it took three times as long to find the names as some 
others. 

Q. Would you say they voted at least one every five minutes?—A. I don’t 
know. 

Q. M’ell, did it take an average of 10 minutes?—A. I could not say; I did not 
time them and don’t know. 

Q. Well, did they vote one a minute?—A. I know they did not. 

Q. Did they vote one every two minutes?—A. I don’t have the least idea; I 
think it took about 10 minutes, guess it did. 

Redirect examination; 

(}. You say sometimes it took 10 minutes to vote them?—A. Yes. 

Mr. M. MATH TUCKER testified as follows: 

. Direct examination: 

Q. Your name is IMath Tucker?—A. Yes. 

Q. Do you know Shufford Furr?—A. I do. 

Q. Do you know his rej)Uted politics?—A. T do. 

Q. What is it?—A. Republican. 

Q. Did he vote?—A. ,No. 

Why?—A. Could not get in. 

(}. If he had voted, would he have voted for Campbell?—A. Yes. 

(Contestee objects.) 

Mr. M. L. BARBEE testified as follows: 

Direct examination: 

Q. Do you know' J. Spurgeon Sasser?—A. Yes. • ■ 

(>. Do you know' the reputed politics of J. Spurgeon Sasser?—A. Yes. 

Q. What is it?—A. Republican. 

Q. Did he vote in Big Lick Townshii) last election?—A. Not that I know' of. 

Q. If lie had been permitted to vote, for whom would he have voted for 
Congre.ss?—A. Campbell. 

(Contestee objects.) 

57Gb5—21-02 


1440 


CAMPBELL VS. DOUGHTON. 


Q. Do you know Silas A. Huneycutt?—A. I do. 

Q. Do you know his reputed politics?—A. Republican. 

V (.}. Did he vote last election?—A. Did not. 

(}. If permitted to vote, for whom would he have voted for Congress?- A. 
(’ampbell. 

(Contestee objects.) 

iMr. T. F. BARBEE testified as follows: 

I 

Direct examination: 

Q. Under what name are you registere<l?—A. Titis F. 

Q. Were you registered for the November election, 1920?—A. Yes. 

Q, Did you vote in the November election?—A. No. 

Q. Why did you not vote?—A. Well they ^^ere crowded up there, and I could 
not get in. 

Q. If you had voted, for whom would you have voted for Congress?—A. 
Campbell. 

(i. How long had you lived in Big Lick Township?—A. All my life. 

Q. Had you paid your poll tax for the year 1919?—A. Yes. 

Q. Prior to May 1, 1920?—A. I did. 

Q. Do you know anything as to the dilatory tactics used in Big Lick by the 
Democratic registrar in order to hinder and delay the voters from casting their 
ballots?—A. No. 

Mr. C. D. HATHCOCK testified as follows: 

Direct examination: 

(J. How are you registered?—A. Clarence D. Hathcock. 

Q. Were you registered in Big Lick Township to vote in the November elec¬ 
tion?—A. 1 was. 

C>. Did you vote?—A. No. 

il. Why did you not vote?—A. Because it was so crowded I could not get in. 
Q. If permitted to vote, for whom would you have voted for Congress?—A. 
Compbell. 

(J. How long had you lived in Big Lick Township?—A. About two years. 

(j. How long have you lived in the State of North CaroLna?—A. All my life. 

Mr. F. F. WHITLEY testified as follows: 

Direct examination: 

Q. Under what name are you registered?—A. Fairley F. 

Q. \\'ere you registered in Big Lick Townshij) for the November election, 
1920?—A. Yes. 

Q. Did you vote?—A. No. 

Q. Why did you not vote?—A. Crowded. 

Q. If perm.tted to vote, for whom won hi you have cast your ballot for Con¬ 
gress?—A. Campbell. 

Q. How long had you lived in Big Lick Township?—A. All my life. 

Q. Had you pa.d your poll tax on or before May 1?—A. This is the first time 
I had to pay any. 

Q. W’hat is your age?—A. Twenty-two .lune 7 ; did not have to pay poll tax. 

Mr. E. T. BURRIS testified as follows: 

D.rect examination ; 

(>. How are you registered?—A. Ephriuin T. 

(j. Were you registered for the November election, 1920?—A. Yes. 

(}. Did you vote in that election?—A. No. 

Q. Why?—-A. Could not get in. 

Q. If permitted to vote for whom would you have cast your ballot for Con¬ 
gress?—A. Campbell. 

(^. How long have you l.v'ed in Big Lick 'I'ownship?—A. About four years. 

Mr. RAYMOND W. BROOKS testified as follows: 

Direct examination: 

Q. Do you know J. E. Morton?—A. Yes. 

Q. Did he vote in the November election last?—A. He told me he did not. 
(Contestee objects.) 


CAMPBELL VS. DOUGHTON. 


1441 


Q. What is liis reputed politics?—A. Republican. 

Q. If he had been permitted to vote for whom would he have voted for Con¬ 
gress?—A. Dr. Campbell. 

(Contestee objects.) 

Q. Did he tell you why he did not vote?—A. I don’t believe he did. 

Q. Did you vote in the November election?—A. No. 

Q. Were you a legal elector in this township?—A. Yes. 

Q. How long had you lived here?—A. All my life. 

Q- It you had been permitted to vote for whom would you have voted?—A. 
Campbell. 

Q. Why did you not vote?—A. Could not get in. 

Q. Do you know anything relative to the manner the registrar held the elec¬ 
tion?—A. I don’t know that I do. 

Cross-examination by’ Mr. W. L. Mann : 

Q. How long were you here that day?—A. I got there that morning and 
stayed until after night. 

Q. Do you know how many voted?—A. I do not. 

Q. Do you liave any idea how many did vote?—A. No. 

Q. You don’t know whether or not 743 voted that day?—A. I don’t know; 
they claim about 140 did not get to vote. 

Q. Did you ever hear anybody say how many did vote?—A. I don’t know 
that I did. 

Q. What effort did you make to vote?—A. I did not push much like some 
of them did. I went around to the back, and some broke in. 

Q. About how many went in that way?—A. I don’t know. 

Q. As many as 50?—A. I did not count them. 

Q. Who was bailiff at the back there?—A. I don’t know. 

Q. About what time a day was it these fellows broke in back there?—A. I 
don’t remember anything about it. I never seen it; they claimed they wanted 
to go and get out of the rain and vote; I did not go in at all myself. 

Q. Were they Democrats or Republicans?—A. They claimed they were I>emo- 
crats. 

Q. D'd you see them when they went in?—A. No; I was not around there. 

Q. What did they do with them?—A. They claimed they got in. 

Q. I mean of your own knowledge?—A. I don’t know; I just heard them 
talking. 

Q. Were you there?—A. Yes; I was around there. 

Q. Did they break down the door?—A. No; they did get in to get out of the 
rain and slip through and vote. 

Q. Do you know who was keeping that door?—A. No; I do not. 

Q. Do you know Mr. Delmar Huneycutt?—^A. Yes. 

Q. Was he anywhere around there?—A. No. 

Q. You were right there?—A. No. 

Q. About how many were there?—A. I don’t know—looked like there was 30 
or 40. 

Q. Were you at the polls all day trying to get in?—A. No; I was not up 
there all the time trying to get in. There was a great crowd at the door. 

Q. You did not get inside the house at all?—A. No. 

Q. You don’t know whether they voted them as fast as they could or not, 
do you?—A. No. 

Q. Well, there were rhen and women?—A. Yes. 

Q. Did they give the women any preference?—A. Yes; let them come in the 
back door. 

Q. Did most of the women vote?—A. I think they did. 

Q Do you know any woman who did not vote who tried to?—A. No. 

Q. The majority of the women who voted were Republicans, were they?— 

A. I don’t know about that. . ^ 

Q You heard Mr. Whitley say there were about four or hve Republicans t 9 
one Democrat in Big Lick?—A. I didn’t hear him. ...... 

Q So if there were four or five Republican men in Big Lick to Democratic 
men, do you think there are about four or five Republican women to Democratic 

women?—A. I don’t know how it was. . . o * t i 

Q. Do you know the politics of very many people in the township?—A. I do 

some of them. ^ * nr 

Q. Those you know, most of them Democrats or Republicans ?—A. Most Re¬ 
publicans, I think. 


1442 


CAMPBELL VS. DOUGHTON. 


Q. That is the same way of the women, isn’t it?—A. Yes; I guess it is. 

Q. So, if all the women voted, why then more Republican women voted than 
Democratic women ?—A. Yes; if there were more of them. 

Q. You do not know how many did vote?—A. No. 

Q. So far as you know all the votes were cast that day that could be voted?— 
A. I don’t know about the rest. I could not get in. 

Q. You were here all day?—A. I was around and tried to get in. 

Q. You don’t undertake to say that more votes could have been voted than 
was?—A. I don’t know; if they had had two places for them to vote, they could— 
if they had had one place for the women and one for the men. 

Q. Do you know if that is legal for them to have two places?—A. I don’t 
know anything about it. 

Mr. JOHN HARTSELL testified as follows; 

Direct examination: 

Q. Do you know Will Hartsell?—A. I ought to. He is my brother. 

Q. What is his reputed politics?—A. Republican. 

Q. Did he vote last election?—A. No. 

Q. Why?—^A. Could not get in. 

Q. If he had been permitted to vote, for whom would he have voted for 
Congress?—A. Campbell. 

(Contestee objects to this evidence as being hearsay.) 

Q. Do you know how long he has lived in Big Lick Township?—A. About 40 
years. 

Cross-examination: 

Q. Where is your brother now?—^A. I don’t know. 

Q. Does he live in this township?—A. He does. 

Q. Is he out of the township or not? Where is he to-day?—A. I don’t know. 
Q. Did he go to Charlotte?—A. I don’t know. 

Q. Is he here in the township?—A. He lives here in the township. 

Q. When have you seen him?—A. Have not seen him in two or three days. 
Q. How far does he live from here?—A. About 5 miles. 

INIr. .TOHN F. MORGAN testified as follows: 

Direct examination : 

Q. Did you vote the last election ?—A. No. 

Q. State why you did not vote?—A. Owing to the large crowd. 

Q. If you had been pei-mitted to vote for whom would you have voted for for 
Congress?—A. Campl)ell. 

Q. State how long you have lived in Big Lick Township.—A. Forty-eight 
years. 

Q. State if you paid your poll tax before May 1.—A. Sure. 

Mr. ALEX GRIFFIN testified as follows: 

Direct examination: 

Q. What are your initials?—A. Alex Griffin. 

Q. Do you know W. D. Griffin?—A. Yes. 

Q. I believe he is your son?—A. Yes. 

Q. Was he registered for the November election?—A. Yes. 

Q. Did he vote?—A. No. 

Q. Why?—A. Because he could not get in. 

Q. If permitted to vote who would he have voted for for Congress?—A. 
Campbell. 

Q. Was he registered?—A. Yes. 

Q. Had he paid his poll tax prior to May 1?—A. His arm is off }ind he don’t 
have to pay. 

(Contestee objects to the foregoing evidence on account of it being hearsay.) 

INIr. WILL S. HARTSELL testified as follows; 

Direct examination: 

Q. Where do you live?—A. In this township. 

Q. How long have you lived here?—A. Forty years. 

Q. Were you registered for the November election 1020?—A. I think I was. 
(}. Did you vote in that election?—A. No. 

(). ^^ily not?—A. Did not get any chance to vote. 


CAMPBELL VS. DOUGHTON, 1443 

Q. State if yon had been permitted to vote whom you would have voted for 
for Congress?—A. Campbell. 

Q. State if you had paid your poll tax before May 1.—A. Yes. 
Cross-examination: 

Q. Was it Republicans or both that obstructed you from the polling place that 
day I thought what kept me from voting was not getting along with it. 

Q. Did you get to the polling place or were you obstructed on the outside?—A. I 
never got in. 

Q. I ask you if the majority around the door were not Republicans?—A. I 
thought there were more Democrats. 

Q. You don’t think there were more I3emocrats?—A. No; not any more; the 
Republicans were working hard as they could, and it looked like the Democrats 
were doing the same, i 

Mr. A. BARBEE testified as follows: 

Direct examination : 

Q. Were you at Oakboro on election day?—A. Yes. 

Q. That is the election })recinct for Big Tuck Townshii)?—A. Yes. 

Q. State what you know about the manner and t ine taken up by the registrar 
in voting electors.—A. Well, I was in there and timed them awhile; I got in 
there and timed them, and for awhile the.v got about one a minute, and they got 
to the name of L. E. Smith—it was a lady—and there was right about 20 
minutes on her name. 

Q. Did they find it?—A. Yes. 

Q. Did you time any others?—A. Yes. 

Q. How did the time range?—A. Anywhere from one minute to two and three 
minutes; that is, on the ones they were over about two or two and a half 
minutes on. 

Q. You observed them; if the registrar and Democratic machinery had tried 
could they have voted all the electors?—A. I am not saying'about tliat. 

Gentlemen, I desire to introduce the subpoena for G. Ed. Crowell, dated March 
5, 1921, for his appearance in Oakboro, N. C., March 12, 1921, at 10 o’clock a. m. 
I want to state what I desired to show by G. E. Crowell; the contestant desired 
to show by G. E. Crowell that he knew of his own personal knowledge that the 
registrar and the Democratic election officials of Big Lick Township were in¬ 
structed from Democratic headquarters in Albemarle, or their agents, to hinder 
and delay and obstruct the Republican electors in said township from casting 
their ballots for .James 1. Camhpbell for Congress in the eighth congressional 
district. This evidence he has told to the late Dr. T. P. Whitley, deceased, and 
others. ' 

To the foregoing introduction of evidence, the contestee, through his coun¬ 
sel, objects, and states furthermore that the witness, G. E. Crowell, was in¬ 
structed not to appear at Oakboro, but instructed to go to Albemarle, and went 
and spent one day in attendance at the hearing in Albemarle and was not 
called. 

Miss BERTIE HINSON testified as follows: 

Direct examination: 

Q. Did you vote in the last election?—A. No. 

Q. How old were you at the last election?—A. Twenty-one. 

Q. Did you register?—A. Y'es. 

Q. State why you did not vote?—A. They turned me down on account of 
my age. 

Q. Was it the Democratic registrar?—A. Yes. 

Q. State whether or not you would have voted for Campbell or Doughton 
if permitted to vote?—A. Campbell. 

Q. When were you 21?—A. Last April. 

Q. But you were denied the right to vote by the Democratic registrar and 
poll holders?—A. Yes. 

Mrs. HINSON testified as follows: 

Direct examination: 

Q. How do you sign your name?—A. Mary E. 

Q. You are the mother of Bertie?—A. Yes. 

Q. What is her age?—A. She was 21 last April 25. 


1444 


CAMPBELL VS. DOUGHTON. 


Cross-examination by Mr. W. L. Mann : 

Q. What record do you have of her birth?—A. I have it down in the Bible 
at home. 

Q. Did you produce the Bible on the day of election?—A. We sure did. 

(}. What did the record show in tlie Bihle that day?—A. It showed she was 
21, going on 22. 

Q. Did they give any reason why they did not let her vote?—A. No; just 
didn’t take it. 

Q. When was that age set down in there?—A. The next day after she was 

born. 


Redirect examination: 

Q. The reason she did not vote was because she was going to vote for Camp¬ 
bell for Congress?—A. Yes. 

(Contestee objects to the question and answer.) 

J. PRANK OSBORNE testified as follows: 

Direct examination: 

Q. Where do you live?—A. Purr Township. 

Q. How long have you lived there?—A. Nearly all my life. 

Q. Lived there for more than two years?—A. Yes. 

Q. Were you a registered elector in Purr Township for the November elec¬ 
tion, 1920?—A. Yes. 

Q. Did you vote in that election?—A. I did not. 

Q. State why you did not vote?—A. Well, the doors were not open for me 
to get in without pushing, and the door was so crowded and the people pushing, 
that I did not try to push, and therefore did not vote. 

Q. If you had been permitted to vote, for whom would you have voted f<u* 
Congress?—A. Campbell. 

Cross-examination by Mr. Richardson: 

Q. I believe you said the reason you did not vote, the others were more 
anxious to vote than you?—A. No, sir; they were no more anxious to vote 
than I was, but were, I suppose, more anxious to rush through the crowd than 
I was. 

Q. And you did not try to rush through like the others, and you did not mean 
what you said when you said the others were not more anxious than you. 
I believe you said you were a qualified elector?—^A. Yes. 

Mr. .TAMES C. BURRIS testified as follows; 

Direct examination: 

Q. You registered under the name of James C. Burris?—A. Yes. 

Q. At the November election, 1920, where were you living?—A. Purr Town¬ 
ship. 

Q. Were you registered for the November election, 1920?—A. Yes. 

Q. Did you vote in that township?—A. No. 

Q. Why?—A. I could not get in. 

Q. If permitted to vote, whom would you have voted for for Congress?—A. 
Campbell. 

Q. How long had you lived in Purr Township?—A. Six years. 

Q. Had you paid your poll tax on or before May 1, 1920?—A. Yes. 

Cross-examination by Mr. Richardson : 

Q. You were no more obstructed than other electors on that day?—A. Well 
I just tried and tried to get in. 

Q. You don’t know whether you were crowded out by Republicans or 
f emocrats?—A. No. 

Mr. S. M. HARTSELL testified as follows: 

Direct examination: 

Q. Under what name were you registered?—A. S. M. Hartsell. 

Q. At the November election, 1920, were you a legal registered elector?—A. 
I was. 

Q. Did you vote?—A. No. 

Q. Why not?—A. Due to pushing and too many folks around the door I 
could not get in. 


CAMPBELL VS. DOUGHTON. 


1445 


(}. If permitted to vote, for whom would you have voted for Congress?—A. 
Camx)bell. 

Q. How long had you lived in Furr Township prior to the election?—A. Fif¬ 
teen years. 

Cross-examination: 

Q. I believe you luive been out of the county some time?—A. Yes; all of this 
last week. 

Q. And you had prior to the election?—A. I worked in Union and Anson. 

Q. You don’t know whether Republicans or Democrats obstructed your 
voting?—A. Mostly Republicans. 

Redirect examination: 

Q. Y^our family lives in Stanly, and you stated the Republicans were outside, 
but it was because the Democrats had all slipped in?—A. Yes. 

Q. Will you tell the court how the Democrats were slipped in?—A. 1 saw 
two climb over the top. 

Q. State if they did not have to go in by Democratic bailiffs.—A. Had to go 
through by force if you went in. 

Q. That was by force of whom. Republicans or Democrats?—A. Y’^ou had 
to force yourself through. 

Q. You can state if the Democrats were not keeping the door at this place.—■ 
A. Yes. 

(All of this is objected to by contestee.) 

Q. I believe you stated you saw them pull the Democrats in over the Re¬ 
publicans and the crowd that was waiting?—A. They were permitted to go in. 

Q. Now, Mr. Hartsell, you stated that the crowd outside was mostly Repub¬ 
licans ; it was because they were deprived of their vote the reason they were 
crowded there?—A. That is the reason. 

Q. State if there was any fuss or fighting among them.—A. No; everything 
was quiet. 

Q. But the only ones that went over the top?—A. I said two I know. 

Q. But when the count was over the Democrats went under the bottom?—A. 
I was not there. 

Recross-examination: 

Q. You did not stand there and watch all day, did you?—A. I was there at 
sunup and way late until the evening. 

Q. You were there early in the morning and until late in the night?—A. I 
come on the train and got here at the polls. 

Q. Did you stay in front of the polls all day?—A. I could not tell you. 

Q. You know where the polls were?—A. I know what house. 

Q. You know where you were?—A. Yes. 

Q. Were you there all day?—^A. Yes; all day. 

Q. Do you know who was obstructing the entrance to the polling place?—A. 
Don’t know. 

Q. Whether Democrats or Republicans?—A. No. 

Q. Was there a regular barricade arrangement and where they could climb 
over the top?—A. Back doors like that. 

Q. You don’t know whether Republicans went in or not?—A. Some of them 
tried it. 

Q. If they tried it, they were pretty sure of going?—A. Some of them ; yes. 

Mr. SILAS WHITLEY^ testified as follows: 

Direct examination : 

Q. Your name is Silas Whitley?—A. Yes. 

Q. Where were you registered—in Furr Township?—A. I suppose so. 

Q. Did you vote?—A. No. 

Q. Why did you not .vote?—A. Well, I was so crowded. 

Q. If you had voted, for whom would you have voted for Congress?—A. 
Straight‘Republican ticket for Campbell. 

Q. How long have you lived in Furr Township prior to the election?—A. 
Forty-one years. 

Q. State whether or not you paid your poll tax?—A. Yes. 

Cross-examination: 

Q. You don’t know whether it was Republicans or Democrats that ob¬ 
structed your entrance to the polling place?—A. I was in the house. 


1446 


CAMPBELL VS. DOUGHTON. 


Q. And yon don’t know?—A. It might have been both. There was Demo¬ 
crats in every door. 

Q. Are you swearing to all day or part of the day; was there Democrats or 
Republicans, or don’t you know?—A. I don’t know. 

Mr. BENTON DRY testified as follows: 

Direct examination: 

Q. Were you an elector at the November election in Furr Township?—A. 
Yes. 

Q. Did you vote?—A. No. 

Q. Why did you not vote?—A. Crowded and could not get in. 

Q. If you had voted, for whom would you have voted for Congress?—A. Dr. 
Campbell. 

Q. How long had you lived in Furr Township prior to the election in 1920?— 
A. About six months. 

Q. Where did you come from there?—A. Albemarle. 

Q. How long have you lived in Stanly County?—A. All my life. 

Cross-examination: 

Q. You don’t know who obstructed the polling place, whether it was Demo¬ 
crats or Republicans?—A. No. 

Mr. ISRAEL .1. BARBREE testified as follows: 

Direct examination: 

Q. Your name is Israel Barbree?—A. Yes. 

Q. How old are you?—A. About 54. 

Q. How long have you lived in Furr Township?—A. All my life. 

Q. Did you vote in the November election?—A. No. 

Q. State why you did not vote?—A. Well, it was just crowded so I could 
not get in. 

Q. For whom would you have voted for Congress if permitted to vote?—A. 
Campbell. 

Cross-examination: 

Q. You don’t know whether you were obstructed to the entrance of the polling 
place that day by Democrats or Republicans, do you?—A. Well, it was Demo¬ 
crats. 

Q. Are you willing to swear it was Democrats obstructed you from the polling 
place?—A. Yes; I will. 

Q. No Republicans about there at all?—A. We had one in there. 

Q. One Republican and all other Democrats?—A. Well, that is what they 
said. 

Q. Are you swearing on what they said or what you know?—A. I will swear 
there was one Republican there. 

Q. I am talking about the crowd there about the door?—A. It was all of 
them trying to get in. 

Q. There were Democrats and Republicans?—A. They were all out there to¬ 
gether. 

Redirect examination : 

Q. And the Democratic bailiffs at the back of the door, and they were con¬ 
trolling and managing that election, the Democratic officials, and they were 
the ones who kept the people from voting. It was not the crowd on the out¬ 
side?—A. No. 

(Contestee objects.) 

Recross-examination: 

Q. You said they obstructed you. Name some of the Democrats that ob¬ 
structed you from voting?—A. Why, them at the poll holders; Claude Smith. 

B. RANS HAHN testified as follows: 

Direct examination: 

Q. Where were you living at the November election, 1920?—A. Furr Town- 
' ship. 

Q. Did you vote?—A. No. 


CAMPBELL YS. DOUGllTON. 


1447 


Q. Why (lid you not vote?—A. They were crowded so I could not get in. 

Q. If permitted to vote, wdio would you have voted for for Congress?—A. 
Campbell. 

Q. How long had you lived in Purr Township prior to the election?—A. Lit¬ 
tle over five years. 

Q. You paid your poll tax?—A. Yes. 

Cross-examination: 

(}. A majority of the crowd were Republicans?—A. Yes; more Republicans 
than Democrats. 

Q. In fact, more Republicans kept you from voting than Democi’ats?—A. 
Yes; I believe there was. 

Redirect examination : 

Q. There were m<»re Republicans i)revented from voting than Democrats?— 
A. Yes. 

Q. They slipi^ed them all in?—A. Yes. 

(Contestee objects.) 

Q. And the bailiffs around the door where they were due to go in were 
Democrats?—A. Y"^es. 

Q. And they did not allow Republicans to go in—only as they called for 
them?—A. Y^es; a lady had a paper and called them at the time. 

Q. State if they were Democrats?—A. Yes. 

Q. They were permitted to go in over the Republicans?—A. Yes. 

Q. They had to go by Democratic bailiffs?—A. Yes. 

Recross-examlnation: 

Q. You did not stand thei’e and watch all day?—A. I got there before the 
poll holders did and stayed until they closed. 

Q. You mean to swear to this court that you stayed immediately in front 
of the polls all day?—A. I was around the house all day. 

Q. The Republicans were in majority that day; were they not outside?—■ 
A. Yes. 

Q. More Republicans than Democrats, and a man was preventtnl largely 
from voting by the Republican crowd around the door than Democrats; isn’t 
that a fact?—A. I don’t know about that; of course, there were more Repub¬ 
licans trying to get in. 

Q. The Republicans were not eager to vote?—A. Yes; th€*y were trying to 
get in. 

Q. They were the ones crowded, then, away from the <looi-?^—A. Yes. 

Redirect examination : 

(). It was Democratic bailiffs that kept the people from go’ng in?—A. Yes. 

Q. And the Ri'publicans wanted to get in but did not inlerfere with one 
another?—A. No. 

(Contestee objects.) 

Recross-examination: 

(). Who was the lady?—A. Miss P:dna Honeycutt. 

Q. And she actually kept able-bodied men from going in?—A. Yes. Old 
ladies who would come in to vote the Republican ticket—would make them 
stand back. 

Q. Did she shove them back, roo?—A. No; she did not. 

Q. Y"ou did not mean what .vou said, then?—A. Y"es; I did. 

Q. Y"ou did not say she told them all to stand back?—A. She told them 
when she knew they were going to vote a Reiniblican ticket. 

Q. She did not have any weapon in her hand?—A. No. 


Mr. R. J. BARKER testified as follows: 

Direct examination ; 

Q. Do vou know T. M. Almond?—A. Yes. 

Q. Was he at the election November, 1920?—A. Y^es. 

(Contestee objects.) 

Q. Was he permitted to vote?—A. No. 

Q. If permitted to vote who would he vote for for Congrc.ss?—A. Campbell. 
Q. Do you know Bob IMason?—A. Yes. 

Q. His reputed politics?—A. RepubLcan. 


1448 


CAMPBELL VS. DOUGHTON. 


Q. Was he permitted to vote?—A. No. 

Q. If permitted who would he have voted for for Congress?—A. Camphell. 

Q. Do you know .Julius Mills?—A. No. 

Q, Do you know John Dees?—A. Yes. 

Q. Do you know his reputed politics?—A. Yes. 

Q. What is it?—A. Republican. 

Q. Was he a qualified elector?—A. I suppose so. 

Q. Was he permitted to vote?—A. No. 

Q. For whom would he have voted for Congress?—A. Campbell. 

Q. Do you know Henry Morgan?—A. Yes. 

Q. Do you know his reputed politics?—A. Yes. 

Q. What is it?—A. Republican. 

Q. Whom would he have voted for for Congress?—A. He said he would liave 
voted for Campbell. 

Q. He was a legal elector?—A. Yes. 

(}. Do you know Charlie F. Smith?—A. Yes. 

Q. Do you know his reputed politics?—^A. Yes. 

Q. JVhat is it?—A. Republican. 

Q. Was he permitted to vote?—A. He said not. 

Q. Whom would he have voted for for Congress?—A. Campbell. 

Q. Do you know Philas Morgan?—A. Yes. 

Q. Do you know his reputed politics?—A. Republican. 

Q. If iie had been permitted to vote, who would he have voted for?— 
A. Campbell. 

Q. Why did he not vote?—A. He said he could not get in. 

Q. Do you know E. M. Lambert?—A. Yes. 

Q. Was he a duly qualified elector for the November election, 1920?—A. Yes. 

Q. Did he vote?—A. He said not. 

Q. Why not?—A. Because of the crowded condition. 

Q. If he had been permitted to vote, whom would he have voted for for Con¬ 
gress?—xV. Campbell. 

Q. Do you know Jack Long?—A. Yes. 

Q. Do you know his reputed politics?—A. Republican. 

Q. Was he a duly qualified elector in Furr Townwship for the November elec¬ 
tion, 1920?—A. He said he was. 

Q. Did he vote?—A. No. 

Q. Why not?—A. Because of the crowded'condition; could not get in. 

Q. Whom would be have voted for for Congress?—A. Campbell. 

Q. State what you know as to the time of day the polls were opened for 
voting in Furr Township.—A. I don’t know the exact time; it was after sunup 
a right smart bit. 

Q. Do you know whether or not it was after the train had gone east?—A. Yes; 
something like 15 or 20 minutes. 

Q. What was the scheduled time for the train at that time?—A. I don’t 
remember. 

Q. About how many electors were prevented from casting their ballots in 
the November election in Furr Township?—A. About 200. 

Q. What was the cause of these electors not casting then* ballots?—A. Seemed 
to be they were just slow and did not find the names and holding them back at 
the polls. 

Q. Had you heard prior to the election that the Democrats had conspired to 
delay the voters from casting their ballots in Big Lick and Furr Townships?— 
A. That was generally reported, and one of the Democrats asked me since the 
election that both sides said get the people there early and for them to vote 
them: that they were not all going to vote. 

Q. You heard this was to be practiced before it was,put into effect?—A. Yes. 

Q. State if you heard one of the Democratic election officers make the remark 
that he was as crooked as hell in politics.—A. Yes. 

Q. State if that man had anything 1o do in bolding the election in Furr Town¬ 
ship in the year 1920 at the time Camiibell was candidate for Congress?—A. He 
about run the election, he was clerk. 

Q. State wbat man this was that we spoke of?—Claude Smith. 

Q. You can state if Claude Smith was registrar for the elections held in 
Furr Township for the past two or three elections?—A. l’'es. 

Q. You can also state if he did not dictate and tell the registrar, Ray 
Sosman, bow to manage the election?—A. All the disputes that came up on 
trouble they left it with Claude. 


CAMPBELL VS. DOUGHTON. 1449 

(i. What ])(>siti(>ii (lirl Claude hold hi there ?-elative to the election?—A. (derk. 

(>. lie was not judge of the election?—A. No. 

(}. ^ ou can state at the door where the electoi's were due to come in what 
liailiffs were at that door?—A. Democratic bailiffs, John Yow and Jess Osborne. 

Q. Y"ou can state if the people on the outside were hindering any of the 
voters from getting in?—A. They did not. 

(}. State if it was not the Democratic election officers that hindered, delayed, 
and obstructed tlie electors from failing to cast their ballots?—A. Yes. 

Q. Sate if you or anyone from your township went to Albemarle to sta'k in¬ 
formation relative to voting the electors in Furr Townshii) on election day?— 
A. Not until after the polls closed. 

Q. Did anyone go from your township?—A. Yes. 

(}. State who went.—A. Mi*. Calvin Hinson. 

Q. What was his mission to AlhtMuarle?—A. We saw that there was not all 
going to get to vote and he went to town to see what to do about those Ihat 
did not get to vote. 

Q. Have you heretofore been around wheye elections were held and know 
the general procedure for holding elections?—A. Yes. 

Q. If the registrar and Democratic election machinery there had done their 
duty, could they have voted all the electors in Furr Townshi])?—A. They could 
have, in my opinion. 

Q. State what time the votes were counted out.—A. About 11 o’clock that 
night^—finished up right at daylight. 

(}. State why the counting of the votes did not commence as soon as sun¬ 
down.—A. The registrar and Democratic judges i*efused to open the box. 

Q. What excuse if any, did they give?—A. Said they did not have any. 

Q. What did they do, if you know, before counting tiiem?—A. They just held 
up and stood around there until about 10 o’clock and sejit Claude Smith and 
three men to Albemarle and came hack and consulted each other and finally 
counted them. 

(Contestee objects to the foregoing because of incompetency, as leading, and 
not relative to the case.) 

\ 

Cross-examination by Mr. Htchardson : 

Q. I believe you said your name was B. .1. Barker?—A. Yes. 

Q. As a matter of fact, you have testified here all the way along and the 
last part has been all hearsay, what somebody told you.—A. Just exactly what I 
know. 

Q. You mean to say you know every man that presented himself, and you 
are responsible for saying what you said, is absolutely correct as to his failure 
to vote, .vou kept a table on him all da.v long?—A. I took the tickets up. 

Q. I ask you if the latter ])art of your testimony has not been hearsay evi¬ 
dence, what somebody has told you? I ask you if these electors voted or did 
not vote was it according to your own knowledge or ac(‘ording to what you have 
been told?—A. Part is hearsay and pjirt I know. 

Q. Approximate what number you know of your oavu knowh'dge were pre¬ 
vented from voting and what number were pi’evented by hearsay.—A. About 
a. IfiO and maybe a few less than that did not get to vote. 

Q. Did you stand there all djiy and see them present themselves to vote?—A. 
Yes. 

Q. Awhile ago you said it was a 100, both hearsay and positive, didn’t you?— 
A. I taken up a 190 tickets, to the best of my knowledge. 

Q. I ask you, as to your positive knowledge, how many did not vote and you 
said a 190?—A. Yes, 

Q. So you did not mean what you said when you said that part of them were 
hearsay evidence?—A. I meant that I knew that that many did not vote. 

Q. Did you know it by your own knowledge or by what had been told you?— 
A. By my own knowledge. 

Q. So you did not mean wliat you said awhile ago, did you?—A. I meant that 
those I was testifying to part of them told me they were voting Bepuhlican and 
part gave me their tickets, and they were full .sets of tickets. 

Q, And now yon swear positively a 190, to your own knowle<lge. were pre¬ 
vented from voting?—A. I took about a 190 sets of tickets. 

Q. As many or more Republicans were congregated around the polling place 
the day of election than Democrats?—A. A whole lot more. 

Q. And if Republicans were obstructed from the voting place they were 
obstructed by their own crowd?—A. Oh, no. 

Q. Their own crowd did not try to get in?—A. Yes. 


1450 


CxVMPBELL VS. DOUGHTON. 


(). Well, then, did they not obstruct as much as the Democrats?—A. No. 

Q. Why was that?—A. Democratic bailiffs .stoi)i)ed the crowd at the door; it 
was Rei)nblicans that the Democratic baiiilfs stopped; they stopped more Re¬ 
publicans than Democrats. 

Q. Was it Democrats or [{ei)ubl’cans that conj^re.ijated around the door?—A. 
Both. 


Bedirect examination; 

Q. You can state how many tickets was it .you took up from the Republicans 
that had J. I. Cam])bell on it for Conjjress.—A. To the best of my knowledjje, a 
190; I can’t say positively. 

Q. You stated you imt them in a box. and where are those tickets now?—A. T 
don’t know. 

Q. Whose possession were they in the last you knew of them?—A. Tink 
Huneycutt. 

(). State if he is a Democrat or Republican,—A. Democrat. 

Q. You can state if yon have made any demands or offered anythiiiji: for those 
tickets.—A. I asked him to unlock the «loor and let me have those tickets and 
he sa’d he did not have the key. I told him I would take him home after the 
key and pay him for his trouble, and be said ; “ No, sir; there can’t anybody set 
those tickets.” 

Recross-examinatlon; 

Q. You took up 190?—A. I said that was the best of my knowledse. 

Q. How many of those did you see present themselves for voting?—A. All of 
them. 

Q. Y^ou absolutely swear that?—A. Yes. 

Q. I ask you if that 190 includes the ones jmu knew in part and part that 
told you?—xV. Those that told me did not give me their tickets. 

Q. So more than 190 did not vote?—A. Part did not give me their tickets. 

Q. How many did give .you tickets?—A. I told you 190. 

Q. And you saw 190 present themselves for voting and were denied?—A. Yes. 

J. L. TUCKER testified as follows; 

Direct examination; 

Q. You can state if you were at the polling place on November 2, 1920, in 
Furr Township.—A. Yes; I was there. Sun was up a little when I got there. 

Q. State if the polls were open when you arrived.—A. No; the registrar was 
not there. 

Q. About what time did the registrar open the polls for voting?—A. Well, I 
did not look at a timepiece, but the train come down about the time I got there, 
and that is scheduled for 7.38. 

Q. How long after the train had passed until the registrar was there with 
the books and ready for voting?—A. Well, I suppose it was between 20 and 30 
minutes, I will say; that is my .iudgment. I did not look at a timepiece. 

Q. So, if the train was scheduled for 7.38 and it took 20 or 30 minutes, it was 
8 o’clock or after when the polls were opened?—A. Yes; somewhere along there ; 
a little after or a little before. 

Q. State if you heard, prior to the November election, 1920, that there was 
a conspiracy by which the Democratic election machinery in Furr and Big Lick 
Townships were going to hinder, delay, and obstruct the Republican electors 
from casting their vote? 

(Contestee objects.) 

A. I heard it talked. 

Q. You heard that before it was put into effect?—A. Yes. 

Q. Now you can state who were the bailiffs at the door where the electors 
entered.—A. John Yow and Jess Osborne. 

Q. State if they were Democrats or Republicans.—A. Democrats. 

Q. You can state who it was that prevented, hindered, and delayed the 
electors from casting their ballots at the November election, 1920.—A. Well, it 
was just Democratic machinery that did it; they had it in control. 

Q. If the Democratic machinery had done their duty, could all the electors in 
Furr Tov/nsbip liave voted?—xV. That is my judgment. I timed him lots of 
times, and he was two and a half minutes finding a voter’s name. And then 
he would get up there and challenge him two and a half minutes more and 
then he would vote it. Some he would turn down and some he would vote. 


CAMPBELL A'S. DOUGHTON. 


1451 


Q. State from your observance of the registrar and the Democratic election 
machinery, was this conspiracy doing what you had heard they were going to 
do?—A. Well, it looked that way. 

Q. Now, Mr. Tucker, I want you to state, if you know, how many officials, 
including the registrar and all the poll holders, that the Democrats had there 
that day. A. 1 can not. because they would call in this man and vote them 
and call in more men and vote them. 

Q, About how many would you say was in the house managing, directly and 
indirectly, that election there that day?—A. Well, there was one Republican at 
the door where they went out, and he stayed there all day—so far as 1 know 
lie was there all day—and they had I don’t know how many bailiffs at the 
front door and back door they did change; one of them, his children has told 
at school if he had not got in as dooi'keeper lie didn’t know if he would have 
had a vote or not. 

Q. About how many, including all, were in there managing or connected with 
that election?—A. There were eight Democrats and one Republican door¬ 
keeper, 

Q. Is there anything more you want to say?—A, Weil, .Jess Osborne come out; 
he was out in the back door; course he is a Democrat, and I am a Republican. 
He says, “ Would you come in and see if we can hurry them up; not nearly 
all of them are going to get to vote no faster than they are getting through at 
the polls.” He says, “ Well, let’s go in,” and I said, “ No; I am not going in 
there.” Well, I went on in ; I stood kinder at the back door where he could 
see me, and he called me to come here, and I went around in there. M’e 
agreed, all except one of the men in thei-e. Republicans and Democrats, they 
seemed to be agreeable to taking the alphabet and calling them out and voting 
them. After we agreed to that, Clyde Smith said, “ No; there will be some¬ 
body indicted if they don’t all get to vote.” He said, ‘‘ It looks to me like a 
right smart are going to be deprived by some means.” “ Well,” I says, “ we 
will not do that,” and that is the whole thing, and it went just like it had been, 
and then is when I done the timing with my watch. I think there was one time 
when he A'oted something over one a minute. 

Q, I believe you stated it took 5 or 10 minutes?—A. Two and a half minutes 
is as long as I timed at any time. 

Q. You can state if Jess Osborne was in the house and had a privilege to 
know how they were proceeding.—A. Certainly he knew. 

Q. He stated to you the way it was dragging along they would not vote 
them all?—A. Certainly. They went on. and during the time I sat over there, 
it was some three hours, and they went <m until 8 o’clock came and the ab¬ 
sentee votes; said they would close the door and lake that; so they closed 
everything and shut off the outside and there was a lot of time killed and they 
opened up and voted again from the outside and along down it was getting 
pretty late; they said, “Well, we will close the outside and vote the men in 
the house.” I was sitting over there and said, “ Well, go ahead, as far as I am 
concerned ; there is plenty outside to v(ffe.” So I saw they were all going to 
vote, and I got up and voted; they voted all the Democrats and three Repub¬ 
licans, So that is the way I got to vote. 

Cross-examination : 

Q. You sat there three hours or more and did not present yourself for vot¬ 
ing?—A. I did not have any right to, the way I went in, I don’t think. 

Q. Well, some did vote from the front, didn’t they?—A. Yes; some did and a 
right smart were not from the front. 

Q. Do you mean to .say they all voted backward?—A. No; I said there was a 
good deal went in at the front door, but that was not according to ordei's. 
Orders were to come in the back door and come out the front, 

Q, P>ut you did vote and .sat there three hours and did not ask to vote before 
that?—A. Well, they claimed me as bailiff. 

Q. The most you have said here to-day is merely your opinion and what 
somebody has toid you?—A. No; I was idglit there and saw it. 

Q. You saw what transpired during the whole day, and you say you were 
not tliere but three hours during the day?—A. I did not say that; I got there 
before sunup. 

Q. How many hours did you stay on the inside of the polling place?—.V. Well, 
'I have done stated; I suppose I was in there as much as three hours. 

Q. Then three hours of the day’s time spent on election day in the ])olling 
l)lace in Stantield^—three hours was the only time con.sumed within the inside 
of the polling place by you?—A. Yes; balance on the outside. 


1452 


CAMPBELL VS. DOUGHTON. 


(^. Then, what you did not see with your own eyes was your opinion about 
matters?—A. I ain’t told my opinion about it. 

Q. Are you willing to swear what transpired on the inside while you were 
on the outside?—A. No; I won’t swear to that. 

Q. Then what transpired on the inside while you were on the out is merely 
hearsay or an opinion of your own and not of your own knowledge; isn’t that 
a fact?—A. Yes; what I swore to I saw and know of my own knowledge. 

Redirect examination: 

Q. All you have sworn to you saw with your own eyes?—A. Certainly I did. 

Recross-examination: 

And what you saw with your own eyes was covered with a period of 
three hours?—A. l^es; what I swore to. 

Redirect examination: 

(i. What you have sworn to is what took place around the ballot box?—A. 
Yes. 

Q. What you swore to three hours was while you were in the building?— 
A. Yes. 

Q. What you swore to on the outside is the balance of the day not including 
the three hours?—A. Yes. 

CERTIFICATE. 


North Carolina, Stanly County: 

I, .T. D. Lee, notary and commissioner of testimony in the above-entitled 
action, do hereby certify that the inclosed is a true and correct record of the 
evidence as heard before me on February 21, in Furr Township, Locust, 
Stanly County; February 28 and 29, Albemarle, N. C.; and May 2, rebuttal 
evidence, Albemarle, N. C. 

Witness my hand and seal this the 27th day of June, 1921. 

[seal.] J. D. Lee, 

Notary and Commissioner of Testimony. 

My commission expires January 25, 1923. 

1. J. I>. Lee, notary and commissioner of testimony in the above-entitled 
action, do hereby certify that the witnesses whose names are hereto attached 
(not prilled) were duly sworn before me and examined, their evidence written, 
and hereto attached, the same being true and a correct report of the same. 

AVitness hy hand and seal this the 16th day of June, 1921. 

[seal.] j. D. Lee, 

Notary and Commissioner of Testimony. 

My commission expires January 25, 1923. 

Hearing opened in Furr Township, Stanly County. N. C., at 10 o’clock a. m., 
Monday, February 21, 1921. before J. D. Lee, notary public and commissioner 
of evidence; Mrs. Sadie M. Leak, reporter. 

Counsel present on behalf of contestant: I. R. Burleson, W. E. Bogle, and 
AV. L. Campbell. James I. Campbell, contestant, is present in person. 

Counsel present on behalf of contestee: AA^ L. IMann, R. L. Brown, O. J. 
Sikes, H. C. Turner. Robert li. Doughton, contestee, is present in person. 

Counsel for contestant and counsel for contestee being present and agreed, 
subscribing of names by witnesses to their testimony is hereby waived. 

Before the taking of evidence contestee, Robert Tj. Doughton, interposes the 
following objection: 

The contestee, Robert L. Doughton, through his attorneys, makes objection 
to the evidence produced at this hearing being taken before J. D. Lee as com¬ 
missioner, for that the said contestee is advised and believes that the said 
J. I). Lee is not an impartial commissioner, but is an interested party, a friend 
and pai'tisan of the contestant, and has been active since the election in 
securing evidence favorable to the contestant, and that contestee has been 
infoi’ined and believes that said .T. D. Lee has held out inducements to those 
who furnished financial aid or evidence favorable to contestant in that they 
would be rewarded with Federal office, and the said contestee respectfully 
asks that some impartial and di.sinterested commissioner be appointed instead 
of the said J. D. Lee. 

Contestant objects to the foregoing notice for the reason that it was given 
on the morning on which the testimony should have been taken and is taken 


CAMPBELL VS. DOUGHTON. 


1453 


on the ground that notice could have been given sooner, but none was given, 
and contestant and counsel were placed at a handicap in securing another, and 
that said coniinissioner is not a partial commissioner. 

In reply to the objection stated by counsel for the contestant contestee says 
that he was only notified of the proposed taking of testimony on this date 
before the said commissioner late on the afternoon of February 19, 1921. 

“ Gentlemen, I want to state that I am here as an impartial commissioner, 
desiring and intending to do justice to all parties concerned. 

“J. D. Lee.” 

To the ruling of the commissioner the contestee objects. 

D. M. HATHCOCK, being duly sworn, testified as follows; 

Direct examination by W. L. Campbell : 

Q. Your name is D. INI. Hathcock?—A. Yes, sir. 

Q. You are a resident of Big Lick Township?—A. Purr Township. 

Q, You were present on the day of election, November 2, 1920?—A. Yes, sir. 

Q. At the polling place?—A. Yes, sir. 

Q. In what official capacity did you come on that day?—A. I was one of the 
judges of the election. 

Q. State, for the benefit of the record, what took place on the day of election 
with regard to the dilatory tactics used in voting the qualified voters of this 
precinct.—A. The first place the registrar and the registration book wasn’t on 
the ground at the time they should have been and we sent for the registrar, and 
the polls wasn’t opened until he come; they refused to open until the registrar 
come and placed the Ix^xes. and then they was a good many challenges in there 
and that takes a good deal of time, and I didn’t think they was necessary. 

Q. What time did the registrar get here that morning?—A. I didn’t have a 
timep'ece, A man here looked. 

Q. About what time?—x\. It was, I suppose, the sun should have been about an 
hour and a half high. 

Q. Who was this registrar?—A. Mr, Sossamon—Raymond Sossamon. 

Q. You say you sent for liim?—A. Yes, sir. 

Q. You are a Republican, are you not?—A, Yes, sir, 

Q. Now, you say you think it was what time they started to voting here 
that morning?—A. I can’t tell you; I didn’t have a watch. 

Q. G've us an approximation?—A. I suppose it was maybe 8 o’clock; some¬ 
where about that time, I didn’t have the time. 

Q. About 8 o’clock. Go ahead and tell us about the voting.—A. There was a 
good many people here ready to vote before he ever come, and there was a lot 
of peo])le there, and we had one lady that come in to vote with her mother, and 
she said two or three times she was qualified—that she was over 21—and they 
refused to vote her. 

Q. Who was that?—A. Mrs. Hinson’s daughter, 

Q. What is her name?—A. I bel eve it is Miss Bertha Hinson, and they said 
she was old enough—her mother said so, and they ought to a voted her, but 
they refused to do so. 

Q. How long would it usually take the registrar to find the names of the 
qualified voters?—A. Different lengths of time. Good deal of time until they 
got Mr. Simpson ; he looked up part of the names. 

Q. Who was he?—A. Mr. Whit S'mpson? 

Q. Was he an officer?—A. No, sir. 

Q. He would look up the names on the registration book?—A. Yes, sir; that 
was ill the evening. 

Q. Do you recall any instances whefe they took up a great deal of time?—A. 
When they challenged this lady it consumed a good deal of time. 

Q. You were present that day all day—the day of election?—A. Yes, sir; I 
was there all day. Never left until next morning. 

Q. Do you know, of your own knowledge, of any Republican who didn’t get 
to vote here on account of the methods used in voting?—A. A good many didn’t 
get to vote. Yes, sir; lots of them. They could have been a good many more 
voted if they had got them just at the time, if I could have got hold of the 
tickets. 

Q. The tickets or boxes?—A. If they had had the names I could have voted 
them. 

Q. How many did they vote here that day?—A. Something over 600; I don’t 
remember just exactly. 


1454 


CAMPBELL VS. DOUGHTON. 


Q. About GOO?—A. Soiiiewbere near there. 

(}. What lias been the previous vote cast here?—A. We cast over 700 two 
years ago. 

Q. Had no troulile in voting them?—A. No, sir; not a bit. 

Q. Do you know—I ask you if j^u don’t know—or if it isn’t generally known 
throughout this precinct that in some of the big Democratic [irecincts there were 
as many as 900 votes cast without trouble?—A. I learned they was. 

(The contestee objects.) ' 

Q. You say that all of these voters could have been voted if tbe officers had 
tried to vote them.—A. If they had found their names we could have voted them. 

Q. What seemed to be the trouble that they couldn’t find these names?—A. 
They seemed to be mixed up so. 

Q. Was Mr. Sossamon looking up the names?—A. Yes; most of the time. 
Mr. Simiison looked them up a little time. 

Q. What is Mr. Sossamon’s politics?—A. He is a Democrat, I suppose. 

Q. He registered the.se names, but these names on the book, didn’t he?—A. I 
suppose so. 

Q. And yet he had trouble in finding them?—A. It .seemed so. 

Q. How do you account for that?—A. I don’t know. They was on the book 
in bad shape to me. They were mixed up. 

Q. Don’t you think it is rather strange that this registrar should put these 
names on the book himself and when he looked them up should have trouble in 
finding them—after arranging it himself?—A. I can’t tell about that. Looked 
like he ought to have it arranged. 

Q. Do you know anything about any confusion that Mms caused in which the 
officers went on the outside and brought people in to vote?—A. They went and 
voted one lady. 

Q. AVho was she?—A. Mr. Bass’s lady. 

Q. Mrs. Wilson Bass?—A. That is who they said it was. 

Q. What are her politics?—A. I can’t tell you that. 

Q. What is she reputed to be?—A. The report is she is a Democrat. 

Q. And she voted the Democratic ticket on this day?—A. So far as I know. 

Q. Was she disabled in any way?—A. I can’t say. 

Q. How did she come to the polls?—A. I didn’t learn that. She was outside. 

Q. They went out and got her?—A. Went out and voted her out there. 

Q. Who was this went out there?—A. Mr. Smith. 

Q. Who was he?—A. Mr. Claude Smith. 

Q. What was he doing there that day?—A. He was bookkeeper—clerk. 

Q. What are the politics of Mr. Claude Smith?—A. Democrat. 

Q. You are positive that Mrs. Bass didn’t come in and cast her vote herself?— 
A. No, sir; she didn’t come in. 

Q. Do you know of any other instance in which this occurred?—A. I don’t 
remember that I do. 

Q. Did you close the polls at sundowm or go on into the night?—A. No, sir; 
they were closed when they thought it was sundown. It was dark and rainy, 
and I didn’t have a timepiece. 

Q. I ask you if Mr. Claude Smith didn’t leave the building several times and 
if the voters were delayed at the polls on account of his not being there to look 
up names?—A. They were. 

Q. How many instances do you recall that this occurred?—A. I can’t be 
positive, but a good many. 

Q. About how many?—A. I can’t say. 

Q. Give us an estimate.—A. He might have left a dozen times. 

Q. Did he leave that many times?—A. I can’t be positive. 

Q. About how long would he stay?—A. Some little bit sometimes. 

Q. About how long—half an hour?—A. I don’t know” maybe sometimes 20 
minutes—15 minutes. 

Q. Would the voters be coming up while he was away?—A. Sometimes they 
w'ould put a name down and sometimes wait on him. 

Q. As a rule, they would stop voting wffien he left?—^A. They couldn’t get 
along as w^ell. 

Q. It crippled a man—the voting was crippled?—A. l^es, sir. 

Q. Did you go to counting these votes as soon as the polls were closed?— 
A. No, sir. 

Q. What did you do?—A. They just stood there and looked at them—refused 
to count them. 

Q. Who refused to count them?—A. Mr. Smith and Mr. Sossamon and Mr. 
Green. 


CAMPBELL VS. DOUGHTON. 


1455 


Q. The Democratic officers refused to count them?—A. They said there was 
some disturbance and they didn’t think they could afford to sign up for it. 

Q. Did you see any disturbance?—A. Just a noise. 

Q. You were in the building?—A. Yes, sir. 

Q. The doors were closed, were they not?—A. No, sir; the doors were open 
to let them in and out. 

Q. There was no trouble around the polls there?—A. No, sir. 

Q. Nothing you thought should keep you from counting the votes?—A. No, sir. 

Q. When did they count these votes?—A. I don’t remember just what time; 
nearly midnight; 10 o’clock—something like that; a good while. 

Q. What took place before you went to counting out these votes?—A. Some 
of them went to Albemarle. 

Q. Who went to Albemarle?—A. I don’t know. Mr. Smith went, for one. 

Q. Mr. Claude Smith?—A. And Mr. John Sossamon and Mr. Beecher Bowers. 

Q. They went to Albemarle?—A. Two or three others went. 

Q. Why did they go to Albemarle?—A. I can’t tell you what they went for, 
but they refused to count them. 

Q. What did they say?—A. Said they would go to town and hud out. 

Q. Did they leave the votes here?—xV. Sure; I stayed there with them. 

Q. Both a Democrat and Republican stay^eil?—A. Yes, sir. 

Q. They went to Albemarle and came back?—A. Yes, sir. 

Q. Then what did they do?—A. Agreed to count up. 

Q. Did they make any statement as to why they were willing to go ahead?— 
A. They claimed they didn’t count those that were taken on the outside and 
said they didn’t sign up for them—said if they didn’t sign up for them they 
would count up. 

Q. Did you try to get them to count those on the outside?—A. No, sir; I told 
them I wouldn’t sign for them myself. 

Q. You told them that before they went to Albemarle?—A. No, sir; they" 
didn’t say anything about it until they came back. 

i}. To the be.st of your knowledge, how many Republicans failed to vote that 
day on account of the methods used in voting them?—A. I can’t tell exactly, of 
course. A good many didn’t get to vote. 

Q. About how many? Give an approximation.—A. One hundred or more 
didn’t get to vote. 

Q. They were there on the outside, wanting to vote?—xV. Ye.s, sir; some stayed 
here all day and never voted at all. 

(}. Stayed there until the polls closed?—xV. Sure. Some stayed until the next 
morning. 

Cross-examination by O. .T. Sikes : 

Q. \\diere did^ they hold the election?—A. Mr. Finclier Huneycutt's store. 

(j. Here in Stanfield?—A. Yes, sir. 

Q. Mr. Hathcock. did you stay there until the votes were counted?—A. Yes, sir. 

Q. And it was iMr. Smith and Mr. Sossamon who refused to count the votes?— 
A. Yes, sir; when they got through voting in the evening. 

Q. And you fellows tried to count the votes?—A. Sure; I demanded them to 
count them. 

Q. Did you sign the returns?—A. Yes, sir. ' 

ii. You est mated awhile ago. did you not, that there was something like 100 
who didn’t get to vote?—A. I think so, from what I learned. The registration 
book would show that. 

(}. You are ijositive they were all Republicans?—A. No, sir; not all Re- 
])ublicans, I think. 

Q. Some Democrats who didn't get to vote?—A. Yes, sir; not many as I 
know of. 

Q. You haven’t made any effort to find out how many were Republicans and 
how many Democrats?—A. I suppose some have. I haven’t. 

Q. You said something awhile ago about the outside vote, INIr. Hathcock, how 
was that?—A. I was just informed; I couldn’t leave my place; it was IMrs. Bass 
that wanted to vote and they went and voted her in the buggy; claimed she was 
disabled to come in. 

That wasn’t what 1 mean—I mean of the outside vote.—xV. They claimed,, 
wlicn they agri'ed to count, that they thought we wanted them to sign them up 
and I told them no, that was a mistake, I wouldn't sign them myself, and we 
agreed and counted them. 

Q. Do you know how many there wore of the outside vote?—A. Not exactly; 
no, sir. 


57005 


00 


21 


1456 


CAMPBELL VS. LOUGHTON. 


Q. Well, about how many?—A. I expect a hundred or more. Good jnany at 
least; I can’t tell you about that. 

(^. What do you l)ase your opiiilon on as to that?—A. The others tlnit told 
me how many that had voted and I suppose the registration hook would show 
how many were left off. 

G. You don’t know about that?—A. No, sir; not exactly. 

1,^. There was something of a rush to get to the polls tlial day? A. \ es. sir; 
very many there tried to vote. 

Q. Men and women?—A. Yes, sir. 

Q. Dark, rainy day?—A. Y'es, sir; it rained some. 

Q. And the boxes back there in the store room?—A. Y’'es, sir. 

Q. Rather a dark room?—A. Yes, sir; but they could see well enough to 
vote. 

Q. It was in a dark place?—A. Yes, sir. 

Q. Mr. Hathcock, what position was it tlv.R Claud Smith held?—A. Clerk- 
taking the names. 

(). When he was away did he have anybody there to look after it?—A. They 
took it down as they come, but it hindered it a good deal—didn’t get along as 
well. 

Q. He did have someone there when he was not there?—A. Nobody qualitied. 

Q. He had a lady there?—A. I don’t remember her taking down the names— 
she is not a (lualihed olficer. 

Q. You are not positive that she didn’t act there?—A. I suppose she might 
have taken some. The registrar wrote some. 

Q. The registrar was there and the lady?—A. Yes; except when he went out 
to vote this lady. 

Q. When Snuth was away the registrar and that lady were there?—A. Yes, 
sir. 

Redirect examination by Mr. Campbell : 

Q. Mr. Hathcock. you were there and you saw the methods they used. State, 
for tlie benefit of the record, if the officers there and the men in charge of the 
polls, if they had done their duty and have been diligwit in voting the people, 
if you don’t think eveiyone could have been Amted without any trouble at all?— 
A. If the names had been there—if they had found the names, they could have 
voted. 

Q. I say, if they bad opeuK'd on time and done theii- duty, you could have 
gotten through?—A. Yes, sir; I think so. 

Q. About how much time do you think they lost in looking up names and not 
opening on time in rhe morning?—A. Some two or three houi's in all. I Avould 
say about an hour and a half before the door was opened. 

Mr. BEN BRESSON, being duly sworn, testified as follows; 

Direct examination by I. R. Burleson : 

(}. Mr. Bresson, Avhere do .you live?—A. I live in Furr Township. 

{^. Now, on the morning of the election where Avas you at?—A. I was at 
home, and I got to Stanfield some time before the election—early. 

Q. About what time did you get there?—A. BetAveen 6 and 7 o’clock. 

Q. You Avas expecting to vote that day?—A. I didn’t get to vote. I was 
there. 

Q, Y’ou are a Rei)ublican?—A. That is my politics. 

Q. Noav, Mr. i’resson, what time did the registrar oi)en the polls here in Furr 
Township that morning?—A. I AAent to the voting place that morning and there 
AA'^as a considerable crowd thei-e and looked like Avithout a registrar—Mr. 
Hatchcock and Mr. Claude Smith and Mr. Green Avas all there and the regis¬ 
trar Avasn’t there, and they asked Avhy the polls didn’t oi)en, and I looked at my 
watch, and Mr. Green said to Mr. Smith “Let’s go and see if we can find the 
registrar.” and it was 7.88 Avhen they started to look for the registrar, and 
they Avere gone something like 10 minutes, I aa'ouUI say, and come back, and 
the registrar didn’t come back Avith them, and it Avas a feAV minutes after 8 
AvheneA’er the boxes Avas carried into the house. 

(}. About what time AA’as they ready for A'oting?—A. It Avas a feAV minutes 
after 8. I can't .say. Seven thirty-eight is the time they started to hunt the 
registrar, and Avhen he got tliere it Avas little after 8. 

Q. And Avhen tin' boxes Avere opened it Avas sometldng after 8 when they got 
ready to vote? —A. Yes. sir. 


CAMPBELL VS. DOUGHTON. 


1457 


Q. Between 8 and 9 o’clock?—A. Yes, sir. 

Q. Was yon there all day?—A. Yes, sir. 

Q. What do you know of the method of voting there that day—that de¬ 
layed the voting?—A. I can’t say for I didn’t get into the house all day. I 
saw Mr. Smith on the outside of the house. 

Q. How many times did you see him on the outside?—A. I saw him at least 
a half a dozen times. 

Q. Did you observe how long he remai,ned at any time'?—A. No, sir; I didn’t. 

Q. What was he doing on the outside?—A. Sometimes he would be standing 
out talking to one person and next time talking to someone else, and one time 
I saw him in his brother’s store eating, and I saw the registrar come out in the 
street and Mi-, .fames Aushurn and old Mrs. Bass, and saw Mr. Bass meet 
the registrar and Mr. Claude Smith in the street and Mr. Smith took her name, 
and James Aushurn reached her the tickets and she reached the tickets to the 
registrar in the street. 

Q. Do you think, in your opinion, if the polls had been opened at sunup and 
dilligence used, no time lost, could all the voters in Furr Township have gotten 
to vote?—A. I would think so. 

Q. You say you^iVas there and intended to vote, I believe?—A. Yes, sir. 

Q. Will you state whether or not you was going to vote for a candidate for 
Congress?—A. I was. 

Q. Who for?—A. T was going to vote a straight Republican ticket. 

Q. You would have voted for Dr, Campbell?—A. Yes, sir. 

Q. State why yon didn’t vote?—A, It was such a rush. You see, the women 
they voted in the fore part of the day and the men they were so rushed and 
crowded, so trying to go in at the back door—we just simply couldn’t get in. 

Q. Db you know anything about the Democrats—whether or not they voted?— 
A. I can’t say. 

Q. State whether or not the Democrats were allowed to go in and the Re¬ 
publicans held back at the door?—A. I can’t say. 

Q. Do you know that the Democratic women were called at the back door 
and carried in, discriminating as to Republican women?—A. I can’t say I do. 
I heard of it. 

(Th^ contestee objects; hearsay.) 

Cross-examination by O. J. Sikes : 

Q. What time was it you said the registrar got there?—A. Seven thirty-eight 
when they were starting to hunt him that morning, and they were gone some¬ 
thing like 10 minutes to hunt him. 

Q. Do you know where they found him?—A. They found him on the way. 

Q. Coming to the voting place?—A. They didn’t get to his house. They come 
back and some one asked where he was and they says “ We met him,” and he 
come in a few minutes. 

Q. Did he explain why he was late?—A. No, sir; he didn’t. 

Q. Nothing said about why he was late?—A. Not to me. 

Q. You didn’t hear anything said about it?—A. No, sir. 

Mr. JOHN WALTERS, being duly sworn, testified as follows: 

Direct examination by I. R. Burleson : 

Q. Your name is John Walters?—A. Yes, sir, 

Q. Where do you live?—A. Furrs Township. 

Q. Are you an elector?—A. Yes, sir. 

Q. Did you vote on last election day?—A. No, sir. 

Q. Why" didn’t you vote?—A. I couldn’t get in. I went with my wife and 
the ladies voted first, and somebody said for the men to get out and let the 
ladies come in and vote. 

Q. Who told you to get out?—A. I don’t recollect. 

Q. Was he a Democratic officer?—A. I wouldn’t say. Some of them said all 
the ladies was coming in to vote first, and when they spoke that I just stepped 
back when my wife went in and so I went out—I walked out to Mr. Huney- 
cutt’s store. 

Q. State whether or not it was Mr. Hathcock told you to get out?—A. I 
couldn’t tell you who it was. 

Q. You say you didn’t vote?—A. No, sir. 

(>. Was you expecting to vote tliat day?—A. Why, .sure; I got here before 
sunup. 


1458 


CAMPBELL VS. DOUGHTON. 


Q. Who was you a going to vote for?—A. I was going to vote a straight Re- 
I)ublic^n ticket—Dr. Canipl)ell and all the rest. 

Q. State what dilatory tactics you saw used here by the Democratic officers to 
keep the Republicans from voting?—A. I didn’t go in the house. I can’t tell 
you. 

Q. State what time the voting began?—A. It was after the passenger train 
went down. It goes at 7.88, and it liad been gone some time. I suppose, and if it 
was correct time that is the best information I can give you. 

Q. Eight o’clock or after?—A. O, sure; it must have been. 

Q. Mr. Walters, was you there when tlie polls closed?—A. I sure was. 

Q. State whether or not there was any time added in the evening to make up 
for lost time?—A. It wasn’t more’n sundown when I got in that evening; they 
broke away and they had opened the doors and I got in and Mr. Smith was 
talking to Lonnie Purr and says “ No more voting done this evening.” 

Q. Was lie o Republican—Lonnie Furr?—A. I suppose so. 

Q. Do you know of any Democrats denied voting there that day?—A. No, 
sir; I don’t. 

Q. Do you know how' many Republicans failed to vote?—A. I think a num¬ 
ber of them. 

Q. How many?—A. About 125 to 150. 

Q. State whether or not they was there with the tickets ready to vote?— 
A. They was a w^hole lot wdtli tlie tickets ready to vote in their bands. 

Q. Do you know of any Democratic or Republican women that day that didn’t 
get a vote, except the one that was challenged?—A. You mean that w'as refused 
to vote? No, sir. 

Q. They voted all the Democratic and Republican wmmen there that day?—• 
A. I think it was arranged for the ladies to vote first and they come in by 
one door and went out the other. 

Q. Who was It that had control of the door that day as bailiff—was he a 
Democrat or a Republican?—A. One of each, I think. 

Q. Did you hear any fuss or row around there that day?—A. Nothing to dis¬ 
turb anybody. 

Q. Whenever the polls closed, did they count the votes?—A. No, sir. 

Q. What was the objection?—A. I don’t know; just wouldn’t count them. 

Q. When did they count them?—A. It was right at midnight. Tw’^elve o’clock, 
I would say. 

Q. Do you know’' Bertha Hinson?— tA. Sure. 

Q. Do you know anything about her being challenged and failing to vote?— 
A. I heard her mother say so. 

Q. What did her mother say?—A. She said they challenged her, and she said 
she w^as old enough. 

(Contestee objects; hearsay.) 

Q. State whether or not she was a going to vote the Republican ticket?—A, 
She said so. 

Q. You heard her mother say she was 21 years old?—A. Yes, sir. 

Cross-examination by R. L. Brown ; 

Q. You heard the election officers announce that the ladies wmuld vote first, 
you stated?—A. That is the way I heard it. 

Q. The lady voters—female voters—of Furr Towmship by a great majority 
are Republicans, are they not?—A. Mixed up pretty well. 

Q. They generally go as the men go, and the male voters are largely Repub¬ 
lican?—A. The majority in Purr Township has been Republican for the last 
24 years. 

Q. The ratio is about two or three to one among the men?—A. Yes, sir. 

Q. And, in your opinion, that rule is true among the ladies?—A. Sometimes 
ft is. 

Q. In your opinion the vote of the ladies in the township would be about the 
same as the men’s—the same along political division as the male vote?—A. It 
wouldn’t be that much. 

Q. You don’t mean to say that there w^as any Democrat there that didn’t 
get to vote, do you?—A. I heard one say he didn’t. 

Q. You heard a Democrat say he didn’t get to vote?—A. Yes, sir; I heard 
one say he w'ouldn’t vote without he could vote in better style than that w'as. 

Q. You only heard the one remark that?—A. Yes, sir; and that w'as a candi¬ 
date from this county. 

Q. He didn’t like the style?—A. Yes, sir; that is what he said. 


CAMPBELL VS. DOUGHTON. 


1459 


Redirect examination: 

Q. You say you heard a candidate say this?—A. K. C. Huneycutt. 

Q. He was a candidate for county commissioner?—A. Yes, sir. 

Q. And he said he wouldn’t vote in an election like that?—A. Yes sir; said 
if he couldn’t go like a man he didn’t aim to go at all. 

Q. Mr. Walters, Mr. Brown asked you if Furr Township wasn’t largely Re¬ 
publican—did you hear of any township that was largely Democratic failing 
to get to vote?—A. No, sir; I heard they all got through nicely. 

Q. Where they were largely Democrats?—A. Yes, sir. 

(Contestee objects; hearsay.) 

M. L. HUNEYCUTT, being duly sworn, testified as follows: 

Direct examination by W. L. Campbell: 

Q. Your name is Mr. M. L. Huneycutt?—xV. Yes, sir. 

Q. You are a resident of this precinct?—A, Yes, sir, 

Q. Did you vote on November 2, 1920?—A. No, sir. 

Q. Why did you not vote?—A. They was crowded and couldn’t get in. 

Q. Were you inside the building at any time?—A. Not until after the polls 
closed. 

Q. You are a justice of the peace, are you not?—A. Not now. I have been. 

Q. You were at the time of the election?—A. No, sir. 

Q. Do you know anything about the election officers killing time or keeping 
the people from voting?—A. Seemed they was careless. 

Q. Tell what you know about it?—A. They were out—Mr. Claude Smith was 
out on the street several times during the day, and 1 saw him and Mr. Sossamon 
come out and go to where Mrs. Bass came by in an automobile and voted her 
in the public road. 

Q. You mean Mr. Sossamon who was the registrar?—A. Yes, sir. 

Q. Do you know about the voters trying to get these men on the inside to 
move up to the window so they could see better?—A. Don’t know anything 
about it. 

Q, What part of the building were the boxes in.—A. Very back end of the 
building. The building is long and the windows are in the front end and I 
don’t remember but what the windows at the back end seemed to be closed— 
just had the door to see by and it was scrouged so. 

Q. And they were right near the back end, and they could have seen better 
at the front?—A, \"es, sir . 

Q. You are a Republican are you not?—A. Yes, sir. 

Q. You intended to vote for Dr. Campbell?—A. I did. 

Q. You didn’t get to vote?—A. No, sir. 

Q. What time did you get to the polls?—A, About S.30, 

Q. How late did you stay there?—A. Until after dark—after the polls closed 
in the evening. 

Q. They closed up there at sundown did they?—xV, I supposed it to be about 
sundown; it was cloudy. 

Q. They didn’t try to make up any time?—A. No ,sir; nothing said about it. 

P. H. HONEYCUTT, being duly sworn, testified as follows: 

Direct examination by W. E. Bogle: , 

Q. Your name is P. H. Honeycutt?—A. Yes, sir. 

Q. You are an elector in Furr Township?—A. Yes, sir. 

Q. W'ere you at the polling place on the day of election last fall?—A. I was. 

Q. Did you vote?—x\. No, sir. 

Q. What is your politics?—A. Republican, 

Q. Who did you mean to vote for for Congress if you had gotten to vote?—A. 
.T. I. Campbell, 

Q. Why did you not vote?—xV. Well, it was like the others said—I couldn’t 
get in without scrouging through a rush. 

Q. Do you know anything about the dilatory tactics used by the election 
officers?—A. I do not. 

Mr. .JOHN Ti. FURR, beink duly sworn, testified as follows: 

Direct examination by W, E. Bogle: 

(). Wliat is vour name?—A. Jolm Tj. Furr. 

Q. Are you an elector in Furr Township?—A. I suppose so. 


1460 


CAMPBELL VS. DOUGHTON. 


Q. Do you know whether you ure or not?—A. I ought to be; yes, sir. 

Q. Were you registered?—A. Yes, sir. 

Q. Did you go to the polling place on election day last fall?—A. Yes, sir. 

Q. Did you vote?—A. I did not. 

Q. Why did you not vote?—A. Scrouged up and I wouldn’t scrouge through 
to get in there. It was all blocked uj) and I didn’t want to be mashed to death, 
Q. What is your politics?—A. llepublican. 

Q. W’ho did you intend to vote for for Congress?—A. Dr. Campbell. 

Mr. ADAM PAGE, being duly sworn, testified as follows: 

Direct examination by W. E. Bogle : 

(y What is your name?—A. Adam Page. 

Q. You are an elector in Furr Township?—A. Yes, sir. 

Q. Did you go to the election in November?—A. I did. 

Q. Did you vote?—A. No, sir. 

Q, Why didn’t you vote?—A. It was crowded so we couldn’t get in. 

Q. What is your politics?—A. I was intending to vote the Republican ticket. 
Q. Who did you mean to vote for for Congress?—A. J. I. Campbell. 

Mr. T. G. SMITH, being duly sworn, testified as follows: 

Direct examination by W. E. Bogle : 

Q. Are you an elector in Furr Township?—A. Yes, sir. 

Q. Did you go to the polling place in November to vote?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Couldn’t get in. 

Q. What is your politics?—A. I am a Republican. 

Q. Who were you going to vote for for Congress?—A. .T. I, Campbell. 

Mr. J. F, WHITLEY, being duly sworn, testified as follows: 

Direct examination by W. E. Bogle : 

Q. What is your name?—A. J. F. Whitley. 

Q. Are you an elector in Furr Township?—A. Yes, sir. 

Q. Did you go to the polling place to vote last November?—A. Yes, sir. 

Q. Did you vote?—A, No, sir. * 

Q. Why didn’t you vote?—A. I couldn’t get in. 

Q. What is your politics?—A. Republican. 

Q. Who did you intend to vote for for Congress?—A. J. I. Campbell. 

Mr.'WILLIAM HARTSELL, being duly sworn, testified as follows: 

Direct examination by W. E, Bogle : 

Q. How do you sign your name; is that the way it is on the registration 
books?—A. Will F., I believe. 

Q. Are you an elector in Furr Township?—A. Yes, sir. 

Q. Did you go to the polling place in November?—A. Y'es, sir; I was there 
part of the day. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Well, the door seemed to be full and I didn’t 
want to go through it. 

Q. Could you have gotten through?—A. I might if I had stood there all 
day; I don’t know; I didn’t try. 

Q. What is your politics?—A. Republican. I was aiming to vote Republi¬ 
can except three or four. 

Q. Who did you mean to vote for for Congi-ess?—A. Mr. Campbell. 

Mr. GEORGE MORGAN, being duly sworn, testified as follows: 

Direct examination by W. E. Bogle : 

Q. What is your name?—A. George Morgan. 

Q. Are you an elector in Furr Township?—A. Yes, sir. 

Q. Did you go to the polling place to vote in the November election?—A. 
Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Crowded up so in the door. I didn’t go until 
about 2 o’clock in the evening. 


CAMPBELL VS. DOUGHTON. 


1461 


Q. What is your politics?—A. Republican. 

(}. Who did you intend to vote for for Conp:ress?—A. Campbell. 

•IMr. L. R. iNTcCLITRE, bein^ duly swotn, testified as follows: 

Direct examinntion by W. E. Bogle: 

Q. Are you an elector in Furr Township?—A. Yes, sir. 

Q. D'd you j?o to the polling? place in the November election?—A. Yes, sir. 
Q. Did you vote?—A. No, sir; did not. 

Q. Why didn’t you vote?—A. It was crowded up so T couldn’t jiet in. 

Q. What is your politics?—A. Republican. 

Q. Who did you intend to vote for for Congress?—A. .1. T. Campbell. 

(’. P. TALBOT, being duly sworn, testified as follows: 

By W. E. Bogle : 

Q. What is your name?—A. C. P. Talbot. 

Q. Are you an elector in Furr Township?—A. Yes, sir. 

Q. Did you go to the polling place to vote in the November election?—A. 
Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. So crowded I couldn’t get in. 

Q. What is your politics?—A. Republican. 

Q. Who did you mean to vote for for Congress?—A. J. I. Campbell. 

Mr. CLARENCE REID, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Your name is Mr. Clarence E. Reid?—A. Yes, sir. 

Q. Are you a qualified elector here in this precinct?—A. Yes, sir. 

Q. Did you attend the polling place for the election held November 2, 1920?— 
A. Yes. sir. 

Q. Did you get to vote?—A. No, sir. 

Q. Why didn’t you get to vote?—A. So many people I couldn’t get in; they 
kept it kinder blocked at the entrance. 

Q. You mean just inside the door?—A. They wouldn’t let them in only so fast. 
Q. You mean the man at the door was keeping them back?—A. I don’t know. 
Q. What are your politics?—A. Republican. 

Q. You meant to vote for Dr. Campbell for Congress?—A. Yes. sir. 

Mr. J. E. LITTLE, being duly sworn, testifies as follows: 

By W. L. Campbell : 

Q. Your name is Mr. .1. E. Little?—A. Yes, sir. 

Q. You live in Furr Township?—A. Yes, sir. 

Q. You are a qualified elector here?—A. Yes, sir. 

Q. Did you attend the election on November 2, 1920?—A. Sure did. 

Q. Did you vote?—A. No, sir. 

Q. Who were you going to vote for for Congress?—A. Dr. Campbell. 

Q. You are a Republican, are you?—A. Yes, sir. 

Q. Why didn’t you vote, Mr. Little?—A. .lust crowded up so a fellow couldn’t 
get in. I stayed there all day. 

Mr. D. S. SMITH, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. Your name is Mr. D. S. Smith?—A. Yes, sir. ‘ 

Q. You live in Furr Township?—A. Yes, sir. 

Q. You are a qualified elector here?—A. Yes, sir. 

Q. What are your politics?—A. Republican. 

Q. Did you vote last November?—A. No, sir. 

Q. Why didn’t you vote?—A. Because they turned me down every time I 
would get to the door. . 

Q. Who turned you down?—A. The bailiff at the door. 

Q. Who was he?—A. Mr. Hartsell, I think. He was keeping the door. 

Q. You didn’t vote?—A. No, sir. 

Q. You are a Republican, are you not?—A. Yes, sir. 

(}. You meant to vote for Dr. Campbell for Congress?—A. Yes, sir. 


1462 


CAMPBELL VS. DOUGHTON. 


Cross-examination by Mr. Brown : 

Q. There were two bailiffs at the door?—A. No, sir; I don’t think there was 
but one. 

Q. You didn’t see but one?—A. No, sir; I never seen but one. 

Q. There were two at the back door?—^A. Yes, sir. 

Q. Democrat and Republican?—A. Yes, sir. 

Mr. JOHN F. BROWN, being duly sworn, testified as follows: 

Direct examination by W, L. Campbell : 

Q. Your name is John F. Brown?—A. Yes, sir. 

Q. You are a resident of Furr Township?—A. Yes, sir. 

Q. Qualified voter here?—A. Yes, sir. 

Q. Were you present at the polling place on November 2, 1920?—A. I was. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. It was just crowded up untd you couldn t get in 
there to vote. 

Q. What are your politics?—A. Republican. 

Q. Did you mean to vote for Dr. Campbell for Congress?—A. T did. 

Mr. T. LUTHER COLEY, being duly sworn, testified as follows: 

By W. L. Campbell; 

(>. Yon name is ^Ir. T. Luther Coley?—A. Yes, sir. 

Q. You are a resident of Furr Township?—A. Yes, sir. 

Q. You are a qualified elector here?—A. Yes, sir. 

Q. What are your politics?—A. Republican. 

Q. Did yon vote on the day of the last election?—A. No. sir. 

Q. Who did you intend to vote for for Congress?—A. Mr. Campbell. 

Q. Why didn’t yon vote?—A. Well, I couldn’t get in and down toward night 
they offered to let me in if I would get a Democrat to come in with me, and I 
told them no, sir, I wouldn’t do that. 

0. Who offered to let yon do this?—A. Two of the doorkeepers. 

Q. Do yon remember who they were?—A. One was Mr. Treese. 

Q. What are his politics?—A, Republican. 

Q. Who was the other one?—A. Furr. 

Q. Who made the proposition?—A. Roth of them. T said I had a good right 
to vote as Mr. Luther green and they says we can’t let you in unless you get 
one for the other side. 

Q. Did they let Air. Luther Green come in?—A. Yes, sir. 

Q. You say he went in? Is he a Democrat or a Republican?—A. He is a 
Democrat and they claun a Rei)ublican had just voted—that he had voted 
against him and they offered to let me in like that, but I would not come in 
like that. 

Cross-examination by Mr. Brown : 

Q. When Green voted there was a Re])ublican voted to offset him?—A. Yes; 
that is what they said. 

Q. And that is the proposition they made you—both the Republican and the 
Democratic doorkeepers?—A. Yes, sir. 

Air. B. E. HOLBROOK, being duly sworn, testified as follows; 

By W. L. Campbell: 

Q. Your name is B, E. Holbrook?—A. Yes, sir. 

Q. Ymi are a qualified elector in this precinct?—A. Yes, sir. 

Q. Did you vote on November 2, 1920?—A. No. sir. 

Q. Why did you not vote?—A. The door was full everv time I went around 
there. 

Q. What are yo^ur politics?—A. Republican. 

Q. Who did you intend to vote for for Congress?—A. Dr. Campbell. 

Air. O. R. BARBEE, being duly sworn, testified as follows: 

By W. L. Campbetx; 

Q. Your name is Air. C. R. Barbee?—A. Yes, sir. 

Q. You live in Furr Township?—A. Yes, sir. 

Q. Did you vote on November 2, 1920?—A. No, sir. 


CAMPBELL VS. DOUGHTON. 


1463 


Q. W'liy didn’t you vote?—A. Looked like they couldn’t get my name up 
until night. I got in about 20 minutevS before the polls closed and it was 
crowded and they were arguing over whether the sun was down and I didn’t 
get to vote. 

Q. Who was arguing whether the sun was down or not?—A. Mr. Smith and 
Raymond Sossamon. 

Q. Are they Democrats or Republicans?—A. Democrats. 

Q. And they wouldn’t let you vote?—A. I didn’t get to vote. 

Q. You got in the building about 20 minutes before the polls closed?—A. 
Yes, sir. 

Q. You say you meant to vote for Campbell for Congress?—A. Yes, sir. 
Cross-examination by O. J. Sikes : 

Q. You went up and tried to vote?—A. No, sir; they said they had stopped 
voting and wanted to know if the sun wasn’t down. 

Q. They didn’t continue to vote after you got in?—A. No, sir; didn’t any¬ 
body else vote after I got in. Mr. Whitley voted just the time I got in. 

Dr. Campbell. What Whitley was that? 

A. Mr. Henry Whitley. 

Redirect examination: 

Q. You say Mr. Whitley was the last man to vote?—A. I think he was. 

Q. He voted after you got in there?—A. Yes, sir. 

Q. He is generally reputed to be a Democrat?—A. Yes, sir. 

Q. And voted the Democratic ticket?—A. I don’t know what he voted. 

Mr. M. R. LAMBERT, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. You are a resident of Furr Township, Mr. Lambert?—A. Yes, sir. 

Q. Were you at the polling place on November 2, 1920?—A. Y'es, sir. 

Q. Did you vote?—A. No, sir. 

Q. What are your politics?—A. Republican. 

Q. Who did you intend to vote for for Congress?—A. J. I. Campbell. 

Q. Why didn’t you vote?—A. It was crowded until I couldn’t get in. I got 
to the door, but they closed just as I got to the door. 

Q. How long had you waited to get in?—A. I got there somewhei'e about 8.30 
or 9, and I stayed there until the votes was counted out. 

Q. What time were they counted out?—A. They begun somewhere near 
midnight, I think it was. 

Mr. J. D. HUNEYCUTT, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Your name is Mr. .T. D. Huneycutt?—A. Yes, sir. 

Q. You are a resident of Furr Township—this precinct?—A. Yes, sir. 

Q. Were you at the polling place on November 2, 1920?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. It was so scrouged I couldn’t get in. 

Q. What are your politics?—A. Republican. 

Q. Who did you intend to vote for for Congress?—A. .1. I. Campbell. 

Mr. W. D. SASSER, being duly sworn, testified as follows: 

B|^ W. L. Campbell: 

Q. Your name is W. D. Sasser?—A. Yes, sir. 

Q. You are a resident of Furr Township?—A. Yes, sir. 

Q. You are a qualified elector of this precinct?—A. Yes, sir. 

Q. Did you vote on November 2, 1920?—A. No, sir. 

Q. Why^ didn’t you vote?—A. It was so crowded when I got there until 
nijrht-from about 3 o’clock—that I didn’t have a reasonable chance to get in 
the door. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. J. I. Campbell. 

Mr. .1. E. EFIRD, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Your name is Mr. J. E. Efird?—A. Yes, sir. 

Q. You are a resident of Furr Township?—A. Yes, sir. 


1464 


CAMPBELL VS. DOUGHTON. 


Q. Yon are a qualified elector of this precinct?—A. Yes, sir. 

Q. Did you vote on November 2, 1920?—A. No, sir. 

Q. Why didn’t you vote?—A. It was crowded so I couldn’t get in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. J. I. Campbell. 

Mr. G. C. EFIRD, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Your name is Mr. G. C. Efird?—A. Yes, sir. 

Q. You live in Furr Township?—A. Yes, sir. 

Q. You are a qualified elector in this precinct?—A. Yes, sir. 

Q. Did you vote on November 2, 1920?—A. No, sir. 

Q. Why didn’t you vote?—A. The door \vas crowded so I couldn’t get in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. l\Ir. Campbell. 

IVlr. W. P. CARRICKER, being duly sworn, testified as follows: 

By W. E. Bogle : 

Q. How is your name on the registration book?—A. W. P. 

Q. You are a qualified elector in this precinct?—A. Yes, sir. 

Q. And you attended the November election?—A. Yes, sir. 

Q. That was the polling place?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. I just couldn’t get in. 

Q. What are your politics?—A. Republican. 

Q. AVho did you intend to vote for for Congress?—A. T^r. Campbell. 

Mr. C. H. FURR, being duly sworn, testified as follows: 

By W. E. Bogle: 

Q. You are a qualified elector in Furr Township?—A. Yes, sir. 

Q. Did you attend the polling place in the November election?—-A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Well, it was scrouged up so I couldn’t get in 
there. I got there about 9 o’clock and stayed there until the polls closed and 
didn’t get in there—in the house. 

Q. For whom did you intend to vote for Congress?—A. .7. I. Campbell. 

Mr. GREEN T. BURRIS, being duly sworn, testified as follows: 

By W. E. Bogle : 

Q. Your name is Green T. Burris?—A. Yes, sir. 

Q. You are a qualified elector in Furr Towmship?—A. Yes, sir. 

Q. Did you attend the i)olling ])lace to vote in November last year?—A. Yes, 

sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Couldn’t get in—like the rest. 

Q. What is your politics?—A. Republican. 

Q. For whom did you intend to .vote for Congress?—A. .1. I. Campbell. 

^ Mr. ,TOHN W. HATHCOCK, being duly sworn, testified as follows: 

By W. E. Bogle: 

Q. Your name is .Tohn W. Hathcock?—A. Yes, sir. 

Q. You are a qualified elector in this precinct?—A. Yes. sir. 

Q. Did you attend the i)olling place on November 2?—A. Yes, sir. 

Q. Did yon vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Couldn’t get in the door; it was so crowded 
Q. What is your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Dr. Campbell. 

]\Ir. D. S. BRATTON, being duly sworn, testified as follows: 

By W. E. Bogle: 

Q. Your name is D. S. Bratton?—A. Yes, sir. 

Q. How is your name on the registration book?—A. Lester, D. S. 

Q. Are you a qualified elector in this precinct?—A. Yes, sir. 


r 


CAMPBELL VS. DOUGHTON. 1465 

Q. Did yon attend tlie i)ollin.s>^ l>Iace in the November election?—A. Sure did. 
Q. Did yon vote?—A. No, sir, 

Q. Why didn’t yon vote?—A. It was crowded so I couldn’t .txet in. 

(}. AVhat is yonr politics?—A. llei)nhlican. 

Q. Whom did yon intend to vote for for Con^wess?—A. INIr. f’amphell. 

Mr. W. JODIE INIOUGAN, being duly sworn, testified as follows; 

By W. E. Bogle: 

Q. Yonr name is W. Jodie ^iorgan?—A. Yes sir. 

Q. Yonr are a qualified elector in Fnrr Township?—A. Yes, sir. 

Q- Bid yon attend the polling place to vote November 2?—A. Yes, sir. 

(}. Did yon vote?—A. No, sir. 

Q. Why didn’t yon vote?—A, Crowded np so I couldn’t get in. 

Q. What .s yonr politics?—A. Uepnblican. 

Q. Whom did 3^011 intend to vote for for Congress?—A. Campbell. 

Mr. O. J. BRATTON, being dn^v sworn, testified as follows: 

By AV. E. Bogle : 

Q. Yonr name is O. J. Bratton?—A. Yes, sir. 

(}. Yon are a qualified elector in Fnrr Township?—A. Yes, sir, 

Q. Did 3 mn attend the polling place to vote on November 2?—A. I did. 

Q. Did yon vote?—A. I did not. 

Q. Wh 3 ’ didn’t yon vote?—A. It was impo.ss ble to get an 3 w,'heres about the 
ballot boxes. 

Q. AVhat is your politics?—A. Republican. 

Q. Who did you intend to vote Rw for Congress?—A. J. I. Campbell. 

Mr. D. G. SMITH, being dnl 3 ’ sworn, testified as follows: 

By AA". L. Campbell : 

Q. Your name is Mr. D. J. Smith?—Yes, sir. 

Q. I'ou live in Fnrr Township?—A. Yes, sir. 

Q. Yon are a qualified elector here?—xV. Yes, sir. 

Q. Did yon attend the poll ng place on November 2, 1920?—A. Yes, sir. 

Q. Did yon vote?—A. No, sir. 

Q, AAGiat are yonr politics?—A. Republican. 

Q. For whom did yon intend to vote for ('’oiigia'ss?—A. Dr. Campbell. 

Q. Why didn’t yon vote?—A. Ci-owded so I couldn’t get in. 

Mr. J. E. DRAKE, being duly sworn, te.stified as follows: 

By W. lu. Campbell: 

Q. Your name is IMr. J. E. Drake?—A. Y^es, sir. 

Q. Yon live in Fnrr Township?—A. A"es, sir. 

Q. Y"on are a qualified elector here?—A. l^es, sir. 

Q. Did 3 mii attend the polling i)lace on November 2, 1920?—A. Y"es, sir. 

Q, Did 3 mn vote?-—A. No, sir. 

Q. AVhy didn’t yon vote?—A. Crowded up so I couldn’t get in. 

Q. AA^h'at are 3 mnr politics?—A. Republican. 

Q. For whom did yon intend to vote for Congress?—A. Mr. Campbell. 

Mr. T. C. LOVE, being duly sworn, testified as follows: 

By AA^ L. Campbj:ll : 

Q. Your name is T. C. Love?—A. Yes, sir. 

Q. Yon are a qualified elector in tlrs precinct?—A. Yes, sir. 

Q. Did you attend the polling place November 2, 1920?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t yon vote?—A. It was crowded up so I couldn’t get in. 

Q. Youi are a Republican, Jire yon?—A. Y"es, sir. 

Q. For whom did 3^)11 intend to vote for Congress?—A. iMr. Campbell. 

Mr. A. J. STIREWALT, being duly sworn testified as follows: 

By AV. L. Campbell : 

Q. You are a qualified elector in this prec-inct?—A. Yes sir.^ 

Q. Did you attend the polling place November 2 1920?—A. Yes sir. 


1 


1466 CAMPBELL VS. DOUGHTON. 

Q. Did you vote?—A. No. 

Q. Why didn’t you vote?—A. I oouldn't set in. 

Q. Wliat are your polities?—A. liepublieau. 

Q. For whom did you int<md to vote for (’oii.ttress?—A. Mr. (’auiphell. 

Mr. .T. T. P)UUKTS, heiiis: <luly sworn, testitied as follows: 

P>y Mr. W. I.. Cai^ipbioll: 

Q. Your name is iMr. .T. T. F>urris?—A. Yes, sir. Joe T. on the l)Ook. 

Q. You are a qualified eleetor in fir’s preeinet?—A. Y>s, sir. 

Q. Did you attend the pollinit plaee on Noveml)er 2. 1920?—A. T did. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. I didn’t see any e])anee to j;et in. 

Q. What are your polities?—A. Repuhliean. 

Q. Foi- whom did you intend to vote for Conscress?—A. Dr. Campbeil. 

Mr. J. C. BARBEE, hein^ duly sworn, testitied as follows: 

By Mr. W. L. Campbell : 

Q. l’'our name is iMr. J. 0. Barht‘e?—A. Yes, sir. 

Q. YWu are a qualified eleetor in this preeinet?—A. Y>s, sir. 

Q. Did you attend the pollinj? plaee on November 2, 1920?—A. l’'es, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote’?—A. It was erowded up so I eouldn’t , 2 :et in. 

Q. What are your polities?—A. Repuhliean. 

Q. For whom did you intend to vote for Conjtress?—A. CanqJiell. 

Mr. H. E. DRAKE, heinjf duly sworn, testitied as follows : 

By Mr. W. L. Campbell : 

Q. Yh)ur name is Mr. H. E. Drake?—A. Yes, sir. 

Q. You are a resident of this preeinet?—A. Yes, sir. 

Q. Qualified elector in this preeinet?—A. Yes, sir. 

Q. What are your politics?—A. Repuhliean. 

For whom did you intend to vote for Con^rress?—A. J. I. Campbell. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote’?—A. I couldn’t luh in until at elosinft-up time, and I 
got in and they said it was time to close. 

Q. Already closed'?—A. Y^es, sir. 

Q. And they i-efused to vote you’?—A. Yes, sir. 

Mr. A. J. BIjACKWPILDER, being duly sworn, testitied as follows: 

By jMr. W. L. Campbell : 

Q. Your name is Mr. A. J. Blackwelder‘y—A. Adam J. on the l)ook. 

Q. You are a resident of Furr Township?—A. Yes, sir. 

Q. You are a qualified eleetor in this precinct?—A. Y"es, sir. 

Q. Did you attend the polling place on November 2, 19'2()?—A. Sure did. 

Q. Did you vote'?—A. No, sir. 

Q. Why didn’t you vote'?—A. 1 couldn’t get in without pushing and scrouging. 
Q. What are your i^olitics'?—A. Repuhliean. 

Q. Could you have gotten in if you h:id pushed in'?—A. I don't know whether 
I could or not. 

Q. Y^ou say you are a Iie))ul)liean'?—A. Yes, sir. 

Q. For whom did you intend voting for (’ongre.ss?—A. J. I. (’amphell. 

W. O. DRAKE, he’ng duly sworn, testitied as follows: 

By Mr. W. L. Campbell: 

Q. What is your name?—A. W. O. Drake. 

Q, Yhui are a res’dent of Furr Township'?—.V. Yes, sir. 

Q. And a qualified elector here’y—A. Yes, sir. 

Q. Did you attend the polling place on November 2, 1920'y—A. Yes, sir. 

Q. With the intention of voting, of course?—A. Yes, sir, 

Q. W'hat are your politics'?—A. Repuhliean. 

(}. For whom did yon inteml voting for Congress?—A. Mr. (■amphell. 


CAMPBELL VS. DOUGHTON. 


1467 


Mr. R. T. MORGAN, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Your name is Mr. R. T. Morgan?—A. Yes, sir. 

Q. You are a qualified elector in Furr Township?—A. Yes, sir. 

Q. Did you attend the polling place on November 2, 1920?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. AVhy didn’t you vote?—A. Couldn’t get in. 

Q. What are your politics. Mr. Morgan?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Campbell. 

Mr. JACOB G. TUCKER, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Your name is Mr. J. G. Tucker?—A. Jacob G. 

Q. You live in Purr Township?—A. Yes, sir. 

Q. Did you attend the polling i)lace on November 2, 1920?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. \Vhy didn’t you vote?—A. It was scrouged up so I thought I couldn’t 
get in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Dr. Campbell. 

Mr. S. P. EUDl’^, being duly sworn, testified as follows: 

By W. L. Campbell: I 

Q. Your name is Mr. S. F. Eudy?—A. l’'es, sir. 

Q. Y’'ou are a resident of Furr Township?—A. Yes, sir. 

Q. And a qualified elector here?—A. I’^es, sir. 

Q. Did you attend the polling place on November 2, 1920?—A. I did. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. It was scrouged up so I couldn’t get through.. 
Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Dr. Campbell. 

Mr. MILLARD SMITH, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Your name is Mr. Millard Smith?—A. Yes, sir. 

Q. Y'ou are a resident of Furr Town.ship?—A. Yes, sir. 

Q. You are a qualified elector in this township?—A. Yes, sir. 

Q. Did you attend the polling place November 2, 1920?—A. Yes, sii’. 

Q. Did you vote?—A. No, sir, 

Q. Why didn’t you?—A. Couldn’t get in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. J. I. Campbell. 

Mr. O. M. SMITH, being duly sworn, testified as follows: 

By W. L. Campbell: 

(^. Your name is Mr. O. M. Smith?—A. Yes, sir. 

Q. You live in Furr Township?—A. Yes, sir. 

Q. You are a qualified elector here?—A. Yes, sir. 

Q. Did you attend the i)olling idace on November 2, 1920?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Impossible to get in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Dr. Campbell. 

Mr. JOHN C. HARWEI.L, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Your name is Mr. John C. Harwell?—A. Yes ,sir. 

Q. You are a qualified elector of Furr Township?—A. Yes, sir. 

Q. Were you at the polling ])lace on the day of election, November 2, 1920?— 
A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

(2. Why ditln’t you vote?—A. Because it was .scrouged too l)ad and I couldn’t 
get in without pushing, and I stood and looked on. 


1468 


CAMPBELL VS. DOUGHTON. 


Q. What are your politics?—A. Republican, 

Q. For whom did you intend to vote for Congress?—A. Mr. Campbell. 

Mr. W. W. HUNEYCUTT, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Your name is Mr. W. W. Huneycutt?—A. Yes, sir. 

Q. Are you a qualified elector in this precinct?—A. Yes, sir. 

Q. What are your politics?—A. Republican. 

Q. Did you attend the polling place on November 2, 1920, for the purpose 
of voting?—A. I did. 

Q. Did you vote?—A. No, sir. 

Q. Why d dii't you vote?—A. Well, I can’t hardly tell you, for one reason 
I got there just a little bit before sundown; they claimed it was sundown and 
wouldn’t vote any more, and Mr. Claud Smith said he thought he had a right to 
vote; Hoyle, he was in there and sent me out for another Democrat, to vote 
him, I think, was the trouble, and that he had a right to vote him, and I says, 
“ Treat me fair if you are going to vote me—I am going to vote.” 

Q. He didn’t vote you?—A. He d dn’t vote ary nother one. 

Q. You say you are a Republican?—A. Yes, sir. 

Q. And you were going to vote for Dr. Campbell for Congress?—A. I was, 
if I could have got to vote. 

Mr. JAMES TREECE, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. You are a resident of Furr Township?—A. Yes ,sir. 

Q. And a qualified elector here?—A. Yes, sir. 

Q. Did you vote on November 2, 1920?—A. No, sir; I didn’t. 

Q. Why didn’t you vote?—A. Various reasons. 

Q. You might tell some of them?—A. I never went as early as some, but 
when I got up here they had some dispute up and said the registrar wasn’t out 
yet and they got a car cranked up and turned to move off- 

Q. Go ahead and tell us what was going on?—A. There was a dispute up 
between Mr. Smith and Mr. Hathcock about who voted in the previous election, 
and after a while Mr. Sm th give a right nice little cussin’- 

Q. What Mr. Smith was that?—A. Mr. Claude Smith; and they kept the 
door blocked all day, and occasionally Mr. Smith would have to call in some 
fellow during the day and have a little secret conversation with him, and 
would have to go out and want to know who was going to drive his car. 

Q. How long would he stay out?—A. Sometimes 10 or 15 minutes—something 
like that—and that was carried on all day, and finally they said there was too 
much disturbance in the house and we would have to get out of there and I was 
in there. 

Q. What kind of a disturbance did he have reference to?—A. Said they were 
making too much racket—raising sand—giving trouble. 

Q. Did you see anybody raising any sand?—A. No, sir. Unless they call 
slipping them in to vote them in there through the front door. 

Q. How were they slipping them in there?—A. Mr. Curtis Turner- 

Q. Who is he?—A. Merchant at Stanfield. 

Q. Is he a Democrat or a Republican ?—A. He claims to be a Democrat; and 
he begun to look around in the old storehouse and got back to the rear door, and 
somebody says, “ You voted,” and he says, “ No; I was looking for a barrel,” 
and I says, “ I seen you,” and he says, “ I’ll be fair with you; I did vote.” 

Q. The general routine was to go in the back door.—A. Go in the little door 
and come—go in the rear door and come out the front door, next to the street; 
but he come in at the front door. 

Q. They l)i‘ought in several Democrats through the front door?—A. Yes, sir; 
and Mr. Smith says ” We can’t have this in here; you will have to get out,” 
but the Democi-ats didn’t get out. 

Q. Nobody but the Republicans got out?—A. That was all I seen. 

Q. Did they let you in ?—A. No, sir; they didn’t. 

(». You didn’t g('t t(i vote at all?—A. No, sir. 

Q. You are a Republican are you not?—A. I am supposed to be from the 
(•rnwn of my be.id to the sole of my foot. 

(}. You intended to vote for Dr. Campbell?—A. Yes, sir; he was my man. 





CAMPBELL YS. DOUGHTON. 


1469 


cniiio in the hack door?—A. No, sir; I was in the front door— 
1 mdn t so ill to \ote I went in to watcli and look—that was niy i)iir])ose. 

Q. You thoiislit it would bear watehins and looking?—A, Indeed it proved 
to he that way too. 

Q. ^ t)u spoke of a disturbance—that w'as before the polls opened, wasn’t it?— 
A. Yes,^ sir: waiting for the registrar to come. 

Q. \\ hat time did he come—do you remember?—A. No, sir; I don’t. 

Q. You were around there?—A. Some one said it was past 8 o’clock—I don’t 
know T didn’t have a timepiece—that was the report. 

(The contestee objects to the witness testifying from hearsay.) 

Mr. R. \V. BARBEE, bein.s duly sworn, testified as follows: 

By AY. L. Campbell : 

Q. Your name is Air. R. AA^ Barbee?—A. Yes. sir. 

Q. A’^ou live here?*—A. A>s, sir. 

Q. A^ou are a qualified elector here?—A. A^'es, sir. 

Q. AAdiat are your politics?—A. Republican. 

Q. For whom did you intend to vote for Con.aress?—A. Di*. Campbell. 

Q. A^ou were ju’esent on the day of election?—A. Y>s, sir. 

O. Did you vote?—A. No sir. 

Q. AAliy didn’t you vote?—A. It was scrouged so I couldn’t get in. 

Mr. H. A. RUAIAIAOE, being duly sworn, testified as follows: 

By AY. L. Campbell : 

Q. Air. Rummage, you are a qualified elector in this precinct?—A. Yes, sir. 

Q. Did you attend the polling place on November 2, 1920?—A. A^es, sir. 

Q. Did you vote on timt day?—A. No. sir. 

Q. AA'hat are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Air. Campbell. 

Q. AAdiy didn’t you vote?—A. Crowded so I couldn’t get in. 

Air. A. E. LAAIBERT, being duly sworn, testified as follows: 

By AA^ L. Campbell : 

Q. A’'our name is Air. A. E. Lambert?—A. A>s. sir. 

(). A"ou are a qualified elector in Furr Township?—A. Yes. sir. 

Q. Did you attend the nolling place on November 2, 1920?—A. Yes, sir. 

O. Did you vote?—A. No, sir. 

Q. AA’hy didn’t you vote?—A. Because it'was so scrouged up I couldn’t get 
in wiC^out scrouging and noshing. 

Q. AVhat are your politics?—A. Republican ticket. 

Q. Did you intend to vote for Dr. Campbell for Congress?—A. A"es, sir. 

Air. AAh S. EUDAh being duly fhvorn, testified as follows: 

By AA'. L. Campbell: 

AMur name is Air. AAh S. Eudy?—A. A’'es, sir. 

Q. A’ou live in Furr Township?—A. Y'es, sir. 

O. A'^on are a qualified .elector here?—A. Yes, sir. 

(). Did you attend the nolling place on November 2, 1920?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. AAOiy didn’t you vote?—A. Seeme<l to be crowded up to where I couldn’t 
get in the house without forc'ng my way in. 

Q. AAdiat are your politics?—A. Republican. 

Q. For whon/did you intend to vote for Congress?—A. Dr. Campbell. 
Cross-examination by AA’’. L. Mann : 

(}. AAdiat do you understand by a qualified voter?—A. A man that registers 
and had tlm right to vote. 

Q. Is that all you think it takes to qualify a man to vote?—A. AVell, a man is 
qualified if he has a right to vote. 

Q. Just to be registered, you understand, that is all that is necessary to be a 
qualified voter?—A. No, sir; I suppose youv’e to pay your taxes and do right, 
and that i.s what I’ve always tried to do; they didn’t bring no charge against me. 

Q. I didn’t say there was any charge against you. I was trying to get your 
idea of a qualified voter. 


1470 


CAMPBELL VS. DOUGHTON. 


Mr. L. C. COLEY, )3e;iig duly sworn, testified as follows: 

By Mr. W. L. Campbell: 

Q. Your name is L. C. Coley?—A. Y^'es, sir, 

Q. Y"ou live in Furr Township?—A. Y^'es, sir. 

Q. Did you attend the polling place on November 2, 1920?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you?—A. Crowded up. 

Q. For whom did you intend to vote for Congress?—A. Dr. J. I. Campbell. 

(}. You are a Republican ?—A. Y’^es, sir, 

Mr. L, YI. HUDSON, being duly sworn, U^stitied as follows: 

By W. L. Campbell: 

Q. Your name is Mr. L. M. Hudson?—A. Yes, sir. 

Q. Y"ou live in Furr Township?—A. Y^'es, sir. 

Q. You are (pialitied to vote here, are you?—A. Y^es, sir. 

Q. Did you vote November 2, 1920?—A. No, sir. 

(}. Y"ou were there to vote, were you not?—A. I was there. 

Q. Why didn’t you vote?—A. I couldn’t get in—the door was crowded so and 
I didn’t want to get killed to get in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. IMr. Campbell. 

IMr. MACK H. LOVE, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Y"our name is Ylr. Mack H. Love?—A. Yes, sir. 

Q. Y’'ou live in Furr Township, do you?—A. Y"es, sir. 

Q. You are a qualified voter here?—A. Yes, sir. 

Q. Did you attend the polling place November 2, 1920?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. I couldn’t get in, 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Mr. Campbell. 

IMr. JOHN H. TAYLOR, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. Y"our name is Mr. John H. Taylor?—A, Y’es, sir. 

Q. AVhat are your politics?—A. Republican. 

Q. For whom <lid you intend to vote for Congress?—A. J. I. Campbell. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. I didn’t intend to be mashed to death to get 
there. 

Q. YWu were present?—A. Yes, sir; all day long. 

(X Y"ou were qualified to vote*?—A. Yes, sir. 

Cross-examination by O. J. Sikes : 

Q. Were you registered?—A. Supjiosed to be; yes. sir. 

Q. You 3N'ere not challenged to vote?—A. No, sir. 
i}. Your name is John H. Taylor?—A. John H. Taylor. 

INlr. A. B. TFCKEK, being duly sworn, testified as follows: 

By W. L. CAjiiPBELL: 

Q. Yoiii’ name is IMr. A. B. Tucker?—A. Yes, sir. 

(). YY)u live in Furr Township?—A. Yes, sir. 

Q. Are you qualified to vote there?—A. Yes, sir. 

Q. Did you vote?—A. Y^'es, sir. 

Q. Did you vote on the day of election?—A. Yes, sir. 

Q. What do you know about the procedure of the election on that day?—A. I 
were up there early that morning and the registrar was not there, Mr. Sossa- 
mon, and it was about 8 o’clock, and at 8 o’clock we carried in the boxes and 
it was some little while before they began to vote. 

Q. Y^ou say it was after 8 o’clock vrhen you b(\gan to vote?—A. Y’'es, sir. 

Q. Can you tell me anything about where the boxes were—the ballot boxes’^_ 

A. They were in the back end of the building. 

Q. Who placed them back there?—A. 1 can’t tell vou who placeil them 


CAMPBELL ’VS. DOUGHTON. 


1471 


Q, Who w:vs in clnu'^'e of Hint—seeing after tlie ballot boxes?—A. Well. Mr. 
Claude Smith and Mr. Hatheoek. 

C. They liad wmdows in the front end of the building?—A. Yes, sir. 

Q. M’us it dark in the baek of the building—A. Some dark. 

It would have been much lighter at the front?—A. Yes, sir. 

C,). Did you know of any arrangements for the voters to come in the front 
door and going out the back?—A. That was the report. 

Q. Did they comply with that?—A. No, sir; they went in both doors. 

Can you name any man who was allowed to go in the front door and 
vote?—A. I don’t think 1 can right now; a good many did. 

Q. Democrats or Republicans?—A. Some of each. 

Mr. ALVA C. BRATTON, being duly sworn, testified as follows : 

By W. L. Campuetx: . 

Q. Your name is Alva C. Bratton?—A. Yes, sir. y 

(1 You live in Furr Township?—A. Yes, sir. 

Q. You are qualitied to vote here?—A. Yes, sir. 

Q. Did you attend the polling place on November 2, 1920?—A. 1 was there. 

Q. Did you vote?—A. Did not. 

Q. Why didn’t you vote?—A. \Vhy, it was so scrouged up 1 couldn’t get in 
there. 

Q. What are your politics?—A. Republican, 

Q. For whom did you intend to vote for Congress?—A. J. I. Campbell. 

Mr. SYLVESTER BRATTON, being duly sworn, testified as follows: 

By W. E. Bogle : 

(.F You are a qualified elector in Furr Township?—A. Yes, sir. 

Q. Did you attend the polling place on November 2, 1920, for the purpose of 
voting?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. What is your politics?—A. Republican. 

C^. Who did you intend to vote for for Congress?—A. Campbell. 

Q. Why didn’t yon vote?—A. Scrouged so I couldn’t get in. 

Mr. A. T. HUNEYCUTT, being duly sworn, testified as follows: 

By W. E. Bogle : 

C}. Mr. Huneycutt, are you a qualified elector in Furr Township?—A. Yes, sir. 
Q. Did you attend the'polling place on November 2 for the purpose of voting?— 
A. I did. ^ 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you?—A. Because it was crowded so bad. 

Q. What is your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Mr. J. I. Campbell. 

I^Ir. W. A. HUNEYCUTT, being duly sworn, testified as follows: 

By IW E. Bogle : 

Q. Are you a (lualified elector in Furr Township?—A. Yes, sir. 

Q. Did you attend the polling place November 2 for the purpo.se of voting?— 
A. Yes, sir. 

(}. Did you vote?—A. No, sir. 

Q. Why didn’t you?—A. I couldn’t get in. 

Q. What is vour politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Mr. Campbell. ^ 

Mr. CLARENCE FURR, l)eing duly sworn, testified as follows: 

By W. E. Bogle: 

Q. Are you a qualified elector in Furr Township?—A. Yes, sir. 

Q. Did you attend the polling place at the last election?—A. Sure did. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Couldn’t get in—just crowded from one side 
to the other. 

Q. What’s your politics?—A. Republican. 

Q. Who did you intend to vote for for Congress?—A. Dr. Campbell. 
57695—21-94 



1472 


CAMPBEI/L VS. DOUGHTON. 


Mr. IRENUS LAMBERT, being duly sworn, testified as follows: 

By W, E. Bogle ; 

Q. Are you a qualified elector in Furr Township?—A. Yes, sir. 

(). Did you attend the polling place at the last election for the purpose 
of Yot.ng?—A. Yes, sir. 

Q. Did you vote?—A. No. 

(]. Why didn’t you vote?—A. Like the rest—crowded up so bad. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Mr. Campbell. 

Q. Do you know Mr. T. M. Almond?—A. Yes, sir. 

Q, Do you know whether Mr. Almond is a qualified voter in this town¬ 
ship?—A. He is. 

(The contestee objects.) 

Q. Did—do you know of your own knowledge that this Mr. T. M. Almon 1 
attended the polling place November 2, 1920?—A. I carried him in my car. 

Q. Do you know whether he voted or not?—A. He didn’t vot('. 

Q. Do you know his politics?—A. Republican. 

Q. And he didn’t vote?—A. No, sir. 

Q. Do you know why he didn’t vote?—A. He was just like the rest—he 
couldn’t get in to vote. 

Q. Do you know of your own knowledge who he was going to vote for 
for Congress?—A. Mr. Campbell, the Republican. 

(The contestee objects.) 

Q. Were you in Stanfield early that morning, at the polling phure?—A. Yes, 
sir; the sun was up. 

Do you know what time the polls were opened?—A. Little after 8 
o’clock. 

Q. Do you know how high the sun was or how long it had been up?—.V. No, 
sir: I don’t. 

Cross-examination by R. L. Beown : 

Q. Election day was rainy and cloudy, if I recollect aright?—A. Yes, sir; 
began to rain about 9 o’clock. 

Q. Bad weather all day ?—A. Yes, sir ; pretty bad. 

INIr. J. E. HATLEY, being duly sworn, testified as follows: 

By W. E, Bogle : 

Q. You are a qualified voter in Furr Township?—A. Yes, sir. 

Q. Did you attend the polling place on November 2, 1920, for the purpose 
of voting?—-A. Yes, sir. 

Q. Did you vote?^—A. No, sir. 

Q. Why didn’t you vote?—A. Couldn’t get to the polls. 

Q. What is your politics?—A. Republican. 

(>. For whom did you intend to vote for Congress?—A. Dr. Campbell. 

IMr. .1. F. MCRCAN, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. Your name is Mr. .T. F. Morgan?—A. Yes, sir. 

Q. You are a qualified elector in this precinct?—A. Yes, sir. 

Were you i)resent at the polling place on November 2, 1920?—A. I was. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. The door was so full I couldn’t get in. 

Q. For whom did you intend to vote for Congress?—A. J. I. Campbell, 

INIr. WILL LEE, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Your name is Mr, Will Lee?—A. Yes, sir. 

Q. You are qualified elector in this precinct?—A. Yes, sir. 

Q, Were you present on the day of election, November 2, 1920?—A. Yes, sir. 
(}. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—^A. It was crowded up so I couldn’t get in. 

Q. What are your politics?—A. I was going to vote the Republican ticket. 

Q. Did you intend to vote for Dr. Campbell for Congress?—A. Yes, sir. 


CAMPBELL VS. DOUGHTON. 


1473 


Mr. JOHN ATJSBURN, being duly sworn, testified as follows: 

By W. L, Campbell; 

Q. You are a qualified elector in Furr Township, Mr. Ausburn?—A. Yes, sir. 
Q. You were present on November 2, 1920, the day of election?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. State why you didn’t vote?—A. I couldn’t get it. 

Q. What are your politics?—A. Republican. 

Q. Did you intend to vote for Dr. Campbell for Congress?—A. Yes, sir. 

Mr. R. F. MULLIS, being duly sworn, testified as follows: 

By W. L. Campbell ; 

Q. You are a Republican?—A. Yes, sir. 

Q. Were you present on the day of election?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. I couldn’t get in. 

Q. Did you intend to vote for Dr. Campbell?—A. Yes, sir. 

Q. You are a qualified elector in this precinct?—A. Yes, sir. 

Mr. D. B. TUCKER, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. You are a qualified elector in this precinct?—A. Yes, sir. 

Q. Were you present on the day of election, November 2, 1920?—A. Yes, sir. 
Q. Did you vote?—A. No, sir. 

Q. State why you didnt’ vote?—A. Couldn’t get in—it was so crowded. 

Q. You are a Republican?—^A. Yes, sir. 

Q. Did you intend to vote for Dr. Campbell for Congress?—A. Yes, sir. 

Mr. T. L. DRAKE, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. Mr. Drake you are a qualified elector in Furr Township?—A. Yes, sir. 

Q. Were you present on the day of election?—A. Y’^es, sir. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. J. I. Campbell. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. I just couldn’t get in. 

J. H. LOVE, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Mr. Love you are a qualified elector in this precinct?—A. Yes, sir. 

Q. Were you present on the day of election?—A. Yes, sir. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Dr. Campbell. 

Q. Did you vote?—A. No, sir. 

Q. Why\lidn’t you vote?— A. Couldn’t get in. 

Mr. CIJOVE FURR, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. You are a qualified elector in this precinct, are you?—A. Yes, sir. 

Q. Were you present on the day of election?—A. Yes, sir. 

Q. At the polling place?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

(). Wliy didn’t you vote?—A. Scrouged up so I couldn’t get in. 

Q. What is the nature of your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Mr. J. I. Campbell. 

Q. G. C. Furr and Cleve Furr are the same?—A. Yes, sir. 

Mr. II. D. CRAYTON, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Y^our name is Mr. H. D. Crayton?—A. Yes, sir. 

Q. You are a qualified elector in Furr Township?—A. Yes, sir. 

Q. What are your politics?—A. Republican. 


1474 


CAMPBELL VS. DOUGHTOX. 


Q. Were you present on November 2, 1920. the clay of voting?—A. Yes, sir. 
Q. For whom did yon intend to vote for Congress?—A. INIr. Campbell. 

Q. Did yon vote?—A. No, sir. 

Q. Why didn’t yon vote?—A. Scronged so I couldn’t get in. 

Mr. L, C. BLACK^^'FLDEI^, being duly sworn, testified as follows; 

By W. L. Campbell : 

Q. Your name is Mr. C. Blackweldei*?—A. Yes, sir. 

Q. Yon are a qualified elector in Furr Township?—A. Yes, sir. 

Q. Were you present on November 2, 1920, the day of the election?—A. From 
snnuiJ until sundown. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Scronged so I couldn’t get in. 

Q. What time did the polls open?—A. It was betwixt 8 and 9 o’clock—some¬ 
where pretty near 9 o’clock. 

Q. What is the nature of your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. I intended to vote for 
J. I. Campbell. 

Cross-examination by R. L. Brown ; 

Q. The crowd you spoke of was on the outside of the polling place?—A. It 
was crowded at the door on the outside, and of course men at the polls th^t hin¬ 
dered them from going in. 

Q. You mean the people coming in to vote hindered you when you came in 
to vote?—A. The bailiffs held the crowd from going in. 

Q. The crowd held you back until you got to the door, and the bailiffs held 
you back there, did they?—A. The bailiffs didn’t stop me; I was in such a press 
I was hurting so I couldn’t stand it. 

Q. How long did you stand in line trying to get in?—A. I suppose two hours 
and a half. 

Q. There was a Democrat and a Republican at the door?—A. I suppose so. 
Redirect examination: 

Q. That was the back door you w'ere trying to get in?—A. Yes, sir. 

Q. Do you know the bailiffs—if they stood there all the time—the ones who 
were there?—A. No, sir; I don’t know. 

Q. Well, then, you don’t know what their politics were?—A. No, sir; but I 
supposed one was a Democrat and one a Republican. 

Mr. PINK LAMBERT, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. You are a qualified elector in Furr Township, Mr. Lambert?—A. Yes, sir. 
Q. Were you present at the polling place on November 2, 1920?—A. Yes, sir. 
Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Well, like the rest—it was all packed and 
rushed. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for for Congress?—A. Mr. Campbell. 
Cross-examination by R. L. Brown : 

Q. The crowding you spoke of was on the outside of the door?—A. No, sir* 
that is what hindered me. I didn’t press up, but in the line. * 

Mr. .TAMES TUCKER, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Your name is Mr. .Tames Tucker?—A. Yes, sir. 

Q. You live in Furr Township?—A. Yes, sir. ’ 

Q. You are a qualified elector here?—A. Yes, sir. 

Q. Were you present on the day of the election?—;\ Yes si! 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. I couldn’t get in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for for Congi‘(‘ss? A Mr (’nmi)bell 


CAMPBELL YS. DOUGHTON. 


1475 


Cross-exuuiination by R. L. Brown : 

Q. The crowd was on the outside of the door?—A. Yes, sir. 

Mr. A, L. EURY, being duly sw^orn, testified as follows: 

By W. L. Campbell : 

Q. Your name is Mr. A. L. Eury?—A. Yes, sir. 

Q. You are a qualified elector in Furr Township?—A. Yes, sir. 

Q. Were you present on the day of election?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Crowded so I couldn’t get in. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for for Congress?—A. Mr. Campbell. 
Cross-examination by R. L. Brown : 

Q. The crowd you spoke of was on the outside of the door?—A. Yes, sir. 
Redirect examination: 

Q. Were you on the inside at any time?—A. No, sir. 

Q. You don’t know whether it was crowded on the inside or not?—A. No, 

sir. 

Recross-examination: 

Q. You didn’t see inside?—A. No, sir. ' 

Mr. BURCH EURY, being duly sworn, testified as follo\vs: 

By W. L. Campbell: 

Q. Your name is Mr. Burch Eury?—A. Yes, sir. 

Q. You are a qualified elector in Furr Township?—A. Yes, sir. 

Q. Were you present at the polling place on the day of election?—A. Yes, sir. 
Q. Did you vote?—A. No, sir. 

Q. For whom did you intend to vote for for Congress?—A. Mr. Campbell. 

Q. Which door did you try to get in at?—A. Back door. 

Cross-examination by R. L. Brown : 

Q. Why couldn’t you get in?—A. The crowd was at the back so I couldn’t 
get in. 

Mr. HARLEY BARBEE, being duly sworn, testified as follows: 

By W. L. Campbell: ' 

Q. Y^our name is Mr. Harley Barbee?—A. Yes, sir. 

Q. Y’'ou are a qualified elector in Furr Township?—A. Y"es, sir. 

Q. Were you present on November 2, 1920, at the polling place?—A. Yes, sir. 
Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Crowded so I couldn’t get in. 

Q. Do you know why they were crowding around the back door?—A. They 
were wanting to get in to vote. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for for Congress?—A. Mr. Campbell. 

Cross-examination by R. L. Brow'N : 

Q. The crowd was on the outside of the door?—A. Yes, sir. 

Redirect examination : 

Q. Which door were you trying to get in?—A. I tried to get in at both 
doors. 

Q. Where was the crowd—at the back door or the front door?—A. At the 
back door. 

Q. Was there any crowd at the front door?—A. No, sir. 

Q. The method—routing, was to go in the back door and come out of the 
front?—A. Yes, sir. 

Mr. .JOHN F. Tl^^ETER, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. Your name is Mr. .John F. Teeter?—A. .T. D. Teeter. 

Q. You are a qualified elector of Furr Township?—A. I thought I was until 
I went to vote and they challenged me. 


1476 


CAMPBELL VS. DOUGHTON. 


Q. Why did they challenge you?—A. Mr. Claud Smith said they had taken 
my name off because I had went to Concord about two years ago and stayed 
a couple of months. 

Q. Where had you been living previous to the last election?—A. For the 
hist year or so T have been living here. 

Q. You say you went to Concord about two years ago and they challenged 
vou for that?—A. He said so. 

Q. You were duly registered ?—A. I suppose so; I never voted anywhere 
else. . 

Q. You say Mr. Smith took your name off the registration book?—A. He 
said so. Said he did. 

(}. M'as he the registrar?—A. I don’t know. 

Q. D d he say that lie took it off?—A. Yes, sir. 

Q. And he took it off because he said you had not qualified as to time in 
the township?—A. No, he said because I had moved to Concord and stayed a 
couple of months. 

Q. How long had you been back in Furr Township before the election?— 
A. Something near 20 months. 1 moved to Concord in December nearly two 
years ago it was then, and moved back in February—left my stock, feed, and 
everything here, and in the spring I come back. The next spring, which will 
be two years, now in February, which will make 18 or 20 months. 

Q. Did you vote two years ago here?—A. Yes, sir; I never voted anywhere 
else. 

Q. Claude Smith hadn’t been registrar here for the last two years, had 
he?—A. I supposed he was registrar, until the present registration. 

Q. He said he took your name off the book?—A. Yes, sir. 

Q. What ai-e your politics.—A. Republican, always. 

Q. For whom did you intend to vote for for Congress?—A. .T. I. Campbell. 

Cross-examination by R. R. Brown : 

Q. Did you take your family with you to Concord?—A. Yes, sir; left my 
property and everything—stock, and come back to make a crop. 

Q. You didn’t register when you (*ame back from Concord?—A. No, sir. 

Redirect examination: 

Q. Do you know whether or not your name is on the registration book now?— 
A. I never went to see. 

Q. You supposed it to be? 

(Contestee objects.) 

Mr. JAMES CRAYTON, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. You were a qualified elector in Furr Township?—A. Yes, sir. 

Q. Were you present on the day of election?—A. Yes, sir; part of the day. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Just crowded up so I couldn’t get in without 
being mashed to death. 

Q. What are your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Campbell. 

Cross-examination by Mr. R. L. Brown : 

Q. The crowd was on the outside of the door?—A. That was all I ('ould see; 
I couldn’t get inside. 

Mr. JAMES F. BARBEE, being duly sworn, testified as follows: 

By W. L. Campbell: 

Q. You are a qualified elector in this precinct, Mr. Barbee?—A. Yes, sir. 

Q. Were you present on the day of election?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you?—A. So crowded I couldn’t get in. 

Q. What is the nature of your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. J. I. Campbell. 

Cross-examination by R. L. Brown : 

Q. The crowd was on the outside of the door?—A. I didn’t go inside. 

Q. You were outside?—A. Yes, sir. 


CAMPBELL YS. DOUGHTON. 


1177 


Mr. PHILAS PIAKTSELL, being duly sworn, testified as follows: 

By W. E. Bogle: 

Q. You are a qualified elector of Furr Township?—A. Yes. sir. 

Q. Were you present at the polling place on November 2, 1920?—A. Yes, sir; 
part of the day. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. Like the rest—I couldn’t get in. 

Q. What are your politics?—A. Republican. • 

Q. For whom did you intend to vote for Congress?—A. I aimed to vole a 
straight Republican ticket. 

Q. That included Dr. Campbell for Congress?—A. Yes, sir. 

(Objection by the contestee.) 

Q. Who, if anybody, did you intend to vote for for Congress?—A. I intended 
to vote for Campbell, of course. 

Cross-examination by R. L. Beown : 

Q. The crowM on the outside kept you from getting in?—A. Yes, sir. 

Q. How’ long w’ere you there?—A. I was there from something, about eight 
until night. 

iVIr. SHUFORD TUCKER, being duly sworn, testified as follow^s: 

By W. E. Bogle: 

Q. How is your name on the registration book?—A. I just forgot how I gave 
it in. 

Q. How do you sign your name?—A. S. T. 

Q. Are you a qualified elector in Furr Township?—A. Yes, sir. 

Q. Were you liresent at the polling place on November 2, 1920?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. I couldn’t get in. 

Q. What is your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Campbell. 

Cross-examination by R. L. Brown : 

Q. The crowed on the outside kept you from getting in?—A. Yes, sir. 

(^. Which door—front or back?—A. Back door. 

Q. They were going in at the back door and coming out at the front door?— 
A. Yes, sir. 

Q. Y'ou didn’t get to see in the house?—A. No, sir. 

Recross-examination: 

Q. How’ long did you stay there?—A. T was there all day. I waxsn’t at the 
back door all day. but I was around there. 

(}. Were you trying to get in the housxx all day?—A. The b'ggest part^of the 
time; half the time I was. 

Q. You were in line about half the time?—A. I was in there and tried to 
scrouge in two or three times, but they masheil me so 1 had to get out. 

Mr. J. E. THOMAS, being <hily sworn, testitied as follows: 

By W. ri Bogle : 

(). Are you a qualilied elector in Furr Township?—A. Yes, sii-. 

Q. Did Vou attend the polling place November 2, 1920, with the 'intent on of 
voting?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. , , , , 

Q. Why didn’t you vote?—A. I couldn’t get in until it was too late; they had 

done closed the polls. 

Q. What is your politics?—A. Republican. _ . ^ 

Q For whom did vou mean to vote for Congress?—A. INIr. Dr. Campbell. 

Q You said something about not being able to get in until too late; did you 
get in about the time the polls closed?—A. Yes. sir; they had done (‘losed when 

Q.^And they said you couldn’t vote?—A. Said they had done closed; 1 don’t 
remember their telling me I couldn’t vote. 

Cross-examinafon by R. E. Brown : 

i}. What kept you from gett ng in?—A. .lust scrxaiged so I couldn’t get in. 

Q. The others?—A. Yes, sir. 


1478 


CAMPBELL VS. DOUGHTON. 


(}. How loiij? (lid you Hlay there trying to ^et in?—A. I tried three or four 
different times and j^ot inaslK^d so liard I had to .u:et ont, and tlie last time I said 
I was going to stay out. 

Q. So if you had stayed the first time you went and stayed in the crowd there 
you probably could have gotten in?—A. I might have if tlu'y liadn’t killed me. 
They got to mashing so hard I was afraid they would kill me. 

Q. Nobody was killed?—A. I don’t know it. 

Q. Was it a Democratic or a Republican crowd?—A. I guess it was both. 

Redirect examination: 

Q. The only way to get in was to stjmd in line at the back door?—A. Yes, sir. 

Q. And the crowd that was there was the electors of Purr Township—standing 
at the back door?—A. Yes. sir. ' 

Q. Do you know why they didn’t go in and vote faster?—A. I don’t. 

Mr. .TIM LITTLTil, being duly sworn, testified as follows: 

By W. E. Bogle : 

Q. Are you a qualified elector in Furr Township?—A. Yes, sir. 

Q. Did you attend the polling place on November 2, 1920?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?-—A. It was so crowded on the outside 1 couldii t. 
get in. 

Q. What’s your politics?—A. Republican. 

Q- If you had been permitted to vote who would you have voted for for 
Congress?—A. Dr. Campbell. 

Mr. J. T. KENNEDY^, being duly sworn, testified as follows; 

By W. E. Bogle: 

Q. J. T. Kennedy is your name?—A. Yes, sir. 

Q. Are you a qualified elector in Furr Township?—A. Yes, sir. 

Q. Did you attend the pollling place for the purpose of voting November 2, 
1920?—A. Yes, sir. 

Q. Did you vote?—A. No. 

Q. Why didn’t you vote?—A. The people that got through that day had to 
push and shove so to get through the crowd. I saw strong men there with the 
sweat running off of them. 

Q. If you had been permitted to vote, for whom would yon have voted for 
Congress?—A. Dr. Campbell. 

Mr. H. W. EFDY, being duly swoni, testifiiM as follows: 

By W. E. Bogle : 

Q. Are you a qualified elector in Furr Township?—A. Yes, sir. 

Q. I*)id you attend the polling place for the purpose of voting on November 2, 
1920?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. Why didn’t you vote?—A. I didn’t get in until right at night, and the polls 
closed before I got in. 

Q. Did you stand in line any?—A. Yes, sir. 

Q. What is your politics?—A. Republican. 

Q. If you had been pei-mitted to vote, who would you have voted for?— 
A, Dr. Campbell. 

(’ross-examination by W. Ij. Mann : 

Q. What time in the afternoon did you get there?—A. 1 got there that morn¬ 
ing but I didn’t get in; I was in line for a couple of luuirs, and I was in the 
room, I suppose, 20 minutes, and they closed the polls before I got to vote. 

Q. What time did they close the polls?—xV. I don’t know exactly what time 
it was—I didn’t have a timepiece—but they were arguing that it was sundown, 
and I was about the second to be voted if they had voted. They could have 
voted a dozen or more while they were arguing over the sun being down. 

Redirect examination: 

Q. Was it crowded on the inside?—A. Yes, sir; at the time I was in there. 

Q. Was it Republicans or Democrats on the inside there who were doing this 
arguing, or do you know?—A. The two last ones voted was Democrats. I am 
most sure. 


CAMPBELL VS. DOUGHTON. 


1479 


(Tlie coiitestee objects unless the witness- knows.) 

(J. Do you know the men who were in there—whether there were more 
Democrats or Republicans?—A. No, sir; I don’t. 

Recross-examination: 

Q. Do you know who the last two wei-e to be voted?—A. iNIr. Henry Whitley 
and—I must have foi-got the other one. 

(). Do you know wlio the other one was?—A. I did at the time, but I have 
forgot. 

Q. l>o you know that Mr. Whitley was a Democrat?—A. That always has 
been his politics. 

Q. Do you know the politics of the other one?—A. I did at the time, or I 
heard the others say. 


Mr. M. E. TUCKER, being duly sworn, testitied asifollows: 

By W. E. Bo(;le : 

Q. M'hat are your initials, Mr. Tucker?—A. M. E. 

Q. Is that the way your name is on the registration book?—A. Martin E.. I 
think. 

Q. Are you qualihed to vote here?—A. Yes, sir. 

(). Dal you attend the polling place November 2, 1920. for the purpose of 
voting?—A. Yes,* sir; from daylight until the next morning. 

Q. Did you vote?—A. No, sir. 

(}. Why didn’t you vote?—A. I didn’t have a chance. 

Q. What prevented you from voting?—A. I couldn’t get in. 

Q. What is your politics?—A. Republican. 

Q. If you had been permitted to vote, for whom would you have voted for 
Congress?—A. .T. I. Campbell. 

Mr. .JOHN AVILLIAMS, being duly sworn, testitied as follows: 

By AV. E. Bogle: 

Q. How is your name on the registration book. Mr. AA^illiams?—A. I forget 
just how it is. 

Q. Is your name just .lohn or have you another name?—A. .Tohn Frank. 

Q. Are you a qualihed voter in Furr Township?—A. Y^es, sii*. 

Q. Did you attend the polling place November 2, 1920, for the purpose of 
voting?—A. Yes, .sir. 

Q. Did you vote?—A. No, sir. 

Q. AVhy didn’t you vote?—A. AAdiy. I didn't get in thei-e until night—about 
night—and they closed before I got in. 

Q. You got there before sundown?—A. Yes, s'r. 

Q. AA'^hat kept you from going on and voting?—A. Such a crowd I couldn’t 
get in. 

(}. AVhat is your politics?—A. Republican. 

Q. If you had l)een permitted to vote, for whom would you have voted for 
Congress?—A. Mr. Campbell. 

Cross-examination by R. L. Brown : 

Q. The crowed w’as on the outside of the door?—A. Yes, sir: and on the 
inside, too. 

Q. You didn’t get in?—A. Yes, sir. 

Q. AVhen you got in there was a crowal in there?—A. Yes, sir. 

Q. How' long did yon stay in there?—A. AVell, I didn’t stay in there very 
long. 

Q. I believe you said it w\as about night wdien you got there?—A. No, sir. 

Q. About w^hat time?—A. About 3 in the evening. 

Q. You got there about 3 o’clock?—A. Yes, sir. 

Q. I understood yon to say you got there about night?—A. I got in—on the 
inside. 


Mr. AV. M. AIULLIS, being duly sworn, testified as follow^s: 

By AAY L. Ca^ipbell : 

Q. Your name is IMr. W. M. IMullis?—A. Yes, sir. 

Q. You are a qualified elector in this township are you?—A. Y"es, sir. 

(i. AVere you present on tiie day of election, November 2, 1920?—A. Yes, sir. 


1480 


CAMPBELL VS. DOUGHTON. 


Q. Did you vote?—A. No, sir. 

(J. Why didn’t you vote?—^A. I couldn’t stand the pressure to get in. 

(}. What is tlie nature of your politics?—A. Republican. 

Q. For whom did you intend voting for Congress?—A. Dr. Campbell. 

(}. Have they got your name entered right? What is your full name?—^A. 
William Elisha. 

How long were you present on the day of election at the polls?—A. Why, 
I went tolerable soon that morning and stayed about there until 1 or 2 o’clock, 
and went back to the house and came back—I was there most of the day. 

Q. You tried to get in, did you?—A. Yes, sir. 

(). You tried to get in the back door?—A. Yes, sir. 

i}. Were they coming out of the front door very fast?—A. I csin’t say about 
the front door. I was at the back. 

Mr. RAIA'H HARTSELL, being duly sworn, testified as follows: 
liy W. L. Campbell: 

Q. Your name is IMr. Ralph Hartsell?—A. Yes, sir. 

Q. You live in Furr Tov/nship?—A. Yes, sir. 

Q. You are a (pialified elector here?—A. Yes, sir. 

Q. Were you present on the day of election, November 2?—A. No, sii'. 

(i You didn’t try to vote?—A. No, sir. 

Mr. ,J. A. MDSS being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. Your name is Mr. J. A, Moss?—A. Yes, sir. 

Q. You are a resident of Furr Township?—A. Yes, sir. 

Q. A qualified voter here?—A. Yes, sir. 

Q. Were you present on the day of election—November 2?—A. Yes, sir. 

Q. Did you try to vote?—A. Yes, sir; I tried to get in. 

Q. But you didn’t vote, did you?—A. No, sir. 

(]. What is the nature of your iiolitics?—A. Republican. 

Q. For whom did y(m intend to vote for Congress?—A. Mr. Campbell. 

Q. Why did you say you didn’t vote?—A. I was just crowded, so I thought 
it wasn’t any use to try to get in—others tried and couldn’t. 

Cross-examination by W. L. Mann : 

Q. You tried to get in?—A. Yes, sir. 

Q. How long did you try?—A. I was standing there in the crowd scrouging 
about two hours, I think. 

Q. I understood you to say awhile ago that you didn’t try because others 
tried and couldn’t get in.—^A. I tried. I went as far as I could. 

Mr. ADAM HATHCOCK, being duly sworn, testified as follows: 

By W. L. Campbell : 

Q. Your name is Mr. Adam Hathcock?—A. Y"es, sir. 

Q. You are a qualified elector in Furr Township?—A. Yes, sir. 

Q. Were you present on the day of election?—A. Yes, sir. 

Q. Did you vote?—A. No, sir. 

Q. State why you didn’t vote.—A. I didn’t get there until after 12, and such 
a rush and a crowd, and it was crowded, so I didn’t try to get in; the trouble 
was on the inside of the house; they didn’t try to vote them, and couldn’t any¬ 
body get in—one once in awhile. 

Q. They were voting them very slowly, were they? 

(The contestee objects.) 

Q. You were out there wanting to get in, were you?—A. Yes, sir; went there 
for that purpose. 

Q. AVhat is the nature of your politics?—A. Republican. 

Q. For whom did you intend to vote for Congress?—A. Dr. Campbell. 

Q. Did you get inside of the house?—A. No, sir; I didn’t try. I saw so many 
others trying and they couldn’t get in, I didn’t try. 

Mr. M. MATH TUCKER, being duly sworn, testified as follows: 

By Mr. W. L. Campbell : 

Q. Your name is M. Math Tucker?—A. Yes, sir. 

Q. You were present on the day of election, were you?—A. Shore were. 


CAMPBELL VS. DOUGHTON. 


1481 


Q. Tell iis what you know about the way the election was carried out?— 
A. It was carried out in about no way—I called it a drag from the time we got 
there in the morning until we left the next morning—they didn’t do nothing 
only just that way, 

Q. What time did you get there?—A. Before daylight—I don’t know what 
time—and stayed until next morning. 

Q. What time did the polls open?—A. They told me 8 o’clock; I didn’t notice 
exactly. 

Q. You don’t know?—A. I think the sun was up when Mr, Smith came, for 
I seed him come tip. 

Q, Do you know they had to send for Mr. Sossamon?—A. Yes; I seed them 
go after him. 

Q. Go ahead and tell us how it was there that day—just what you know 
about it.—A. Just the whole day slow—couldn’t find the names—dark house, 
and they had the ballot boxes back inside and no windows there, and it was dark 
to some extent; and still they didn’t make no effort, seemed like, to try to get 
through. 

Q. Do you know Mr. Leonard Lambert?—A. I do. 

Q. What are his politics?—A. Republican. 

Q, Do you know where he is now?—A. He were in Charlotte, going to the 
Army school over there, and his father told me- 

(Contestee objects to hearsay evidence.) 

Q. You say you know Mr. Lambert?—A. Yes, sir. 

Q. And he is in Charlotte now?—A. I'es, sir; and his father told me he were 
gone to Asheville to a hospital to be operated on his foot; he was shot in the 
foot, and I don’t know he has come back to Charlotte or not yet. 

Q. He isn’t here now?—A. No, sir. 

Q. Did you see Mr. Lambert on the day of the election?—A. I shore did. 

Q. Did he come with you to the polls?—A. No, sir. 

Q, You saw him there?—A. Yes, sir. 

Q. Do you know whether or not he voted?—A. No, sir; he didn’t vote. 

Q, For whom was he going to vote for Congress?—A. I can’t say; his folks 
are all Republicans, and I have an idea he is, too. 

(The contestee objects.) 

Cross-examination by O. J. Sikes : 

Q. You said you voted, did you?—A. Yes, sir. 

Q. And I believe you said they only did just as you made them do there that 
day?—A. Yes, sir; just as you persuaded them to, 

Q. M'hich was it—as you persuaded them to or as you made them?—A. Well, 
you can call it that; it was a drag all day. 

Mr. F. M. HONEYCUTT, being <luly sworn, testified as follows; 

By W. L. Campbell: 

(J. You Imve been sworn, have you?—A. Yes, sir. 

(}. Your name is Mr. F. iNI. Honeycutt?—A. Yes, sir. 

(}. Were you i)resent on the day of the election?—A. Y^es, sir, 

Cj. Did you vote?—A. No, sir. 

(}. State why you didn’t vote.—A. Well, I couldn’t get any chance to vote; I 
couldn’t get in to vote, 

Q. What are your i)olitics?—A. Republican. 

C). For whom did you intend to vote for Congress?—A. Dr. J. I. Campbell. 

Q. Where did the confusion seem to come about—in getting in and getting to 
—A. I can’t tell; they just didn’t (‘ome out there; I don’t know where the 
trouble was. but they just stayed crowded in the door all the time and didn’t 
come out but just once in a while. 

Q. How wide was this door they were going in?—A. Just an ordinary door. 

(}. About 4 feet wide?—A. I would say so. 

Q. How many bailiffs did they have in there?—A. I just can’t tell you. 

Cross-examination by W. L. Mann : 

Q. Do you know liow many voted there that day?—A. No, sir; I don’t. 

Q. Do you know about how many were registered?—A. No, s’r; I don’t know. 

Q. I believe you say they were just coining out of the front door occas on- 
all?—A. Yes, sir. 

Q. One every 5 minutes?—A. Sometimes it was that and soiiudiiiK's soi'iiu'd 
like 15 or 20 minutes. 



1482 


CAMPBELL VS. DOUGHTON. 


Q. How long on an average?—A. I dont’ know. 

Q. Average one every live minutes?—A. I think so. 

(^. That is your .ludginent—averaged one every five minutes; tliat would be 
12 an hour, wouldn’t it?—A. I haven’t counted it. 

(}. Well, count it. You can calculate, can’t you? I believe jmu say it 
averaged one every five minutes?—A. I never timed them ; I can’t say for sure. 

Q. That is the best of your .iudgment, though?—A. Yes, sir. 

Redirect examination: 

(}. You say they were coming out of the front door?—A. Yes, sir. 

Q. You didn’t watch tliem very long, did you?—A. I was there all day long, 
lint 1 5 o’clock next morning, ami I would he around there—I would watch one 
door awhile and another one awhile. 

IMr. IjONNIE FURR, being duly sworn, testitied as follows: 

By I. R. Burleson : 

Q. Your name is Lonnie Purr?—A. Yes, sir. 

(}. You are an elector of Furr Township?—A. Yes, sir. 

(}. You was duly registered?—A. Yes, sir. 

Q. Did you vote on the day of election?—A. No, sir. 

Why didn’t you vote?—A. I couldn’t get in. 

Q. If you had a voted, whom would you a voted for for Congress?—A. Dr. 
Campbell. 

Q. Yon said you couldn’t get in. Why couldn’t you?—A. Scrouged so. I got 
in at night and they had done closed. 

Q. How long did you try to get in there?—A. About a hour and a half. 

Q. You finally got in at night?—A. Yes, sir. 

Q. Was it crowded on the inside like it was on the outside?—A. No; not so 
had. 

Q. Did you go in the hack or front door?—A. I went in the back door. 

Q. AVere the ballots hack there in the hack?—A. I don’t know; it was crowded 
so T don’t know. 

Mr. ELI EUDY, being duly sworn, testified as follows: 

By AA\ E. Bogle: 

Q. How are you registered?—A. T really don’t know whether it is E. Eudy 
or R. E. Eudy : T don’t know which it is on the book. 

Q. You are a qualified elector in this township?—A. Yes, sir. 

(}. AA’ere you i)resent at the polling place November 2, 1920?—A. A>s, sir. 

Q. Did you get to vote?—A. No, sir. 

(}. AA'hy didn't you get to vote?—A. Just sci-ouged up so I couldn’t get in. 

Q. AA’hat is your politics?—A. RepuhlicaJi. 

Q. For whom would you have voted for (’ongress if you had been permitte<l 
to vote ? 

(Contestee objects to the question.) 

Q. AAdio d’’d you intend to vote for for Congress if you had been able to 
vote?—A. IMr. Campbell. 

Mr. J. C. AW4LTERS, r('called, testified as follows: 

By I. R. Burleson : 

Q. Mr. AAhdters. in the election held here November 2, which door was the 
voters to go in at?—A. The hack door. 

Q. AA'as there bailiffs at the hack door?—A. One is all I saw. 

(). Was lie a Democrat or a Republican?—^A. Democrat. 

Q. No R('i)uhlican there?—A. No, sir. 

Q. AA\ns there a Republican at the front door?—A. A"es, sir. 

Q. That is where they went out?—A. Yes. sir. 

Q. Do you know anyth'ng about bringing some Democrats in the front 
door?—A. AVell, I don’t. 

Cross-examination by R. I.. Brown : 

Q. AVas the Republican there at the front door?—A. AAlien T saw him he 
was. 

Q. If the Democrats were brought in the front door and voted—if the Re- 
]»uhlican bailiff w;is at the front door and the Democrats were brought in the 


CAMPBELL VS. DOUGHTON. 1483 

front door and voted they bad to be passed by tlie Republican l)ailiff?—A. Yes; 
shore. 

Q. Who was the bailiff?—A. John Yow. 

Q. What are his politics?—A. Democrat. 

Q. Who was the other bailiff—A. Treece. 

Q. Which Treece?—A. Joshua. 

Q. Did they have more than two bailiffs?—A. That is all I know—they ap¬ 
pointed two more to stay on the outside. 

Q. h rout door of back door?—A. They was just aiipointed for a police force 
out amongst the crowd. 

Mr. DAN HATHCOOK, being duly sworn, testified as follows: 

By I. R. Burleson : 

. Q. I believe you have already testified you were register—judge of elec¬ 
tion ?—A. Y^es, sir. 

Q. You were the Republican judge?—^A. Yes, sir. 

Q. W^here was the Republican bailiff, at the back or front door?—A. W^e had 
one at the front, but some men were appointed for outside to keep order out 
there. 

Q. What bailiff was at the back door where they came in at—was he Demo¬ 
crat or a Republican?—A. John Yow. 

Q. W^as he a Democrat or a Republican?—A. Democrat, I think. 

Q. That is where the voters came in at?—A. Yes, sir. 

Cross-examination by R. L. Brown : 

Q. The bailiff you appointed to stand just outside the door, who was he?— 
A. William Barbee. 

Q. Republican?—A. Y^es, sir. 

Q. And Mr. Yow, the other bailiff, was just inside?—A. Y'es, sir. 

Mr. J. D. TEETPIR, being duly sworn, testified as follows: 

By I. R. Burleson : 

Q. About these bailiffs^—do you know what bailiff was a the front and-A. 

They called the back door the front door—they came in at the back door. 

Q. What bailiff was at the back door—Democrat or Republican?—A. I think 
they were both Democrats. Yow and Jesse Ausburn was the two, and I think 
they were both Democrats. 

Q. That was at the back door?—A. Yes; where they went in. 

Q. Did you see them bring anybody in at the front door?-—A. Yes, sir. 

Q. Who was it?—A. I think INIr. Dan Lambert reached out over their heads 
and got Mr. Pink Lambert and swore he had to come in, and dragged him in. 

Q. Which door was that?—A. The front door where they come out. 

Q. This man they dragged in there—was he a Democrat or a Republican?— 
A. I sui)pose a Democrat—always goes by that name. 

Q. Was it a Democrat or a Republican who dragged him in?—A. Democrat. 
Q. Say he reached out there and .swore he had to come in?—A. Y"es, sir. 

Cro.s.s-examination by R. li. BitowN. 

Q. Where was the bailiff that Mr. .Tohn Walters told about?—A. He was at 
the back door we went in at—this was the exit door they brought him in. 

Q. That is what is generally called the front door?—A. Y^es. sir; I went in 
there myself. 

Q. Did they go in there to do any voting?—A. Y^es, sir. 

Q. YY)u went in that door?—A. Yes. sir. 

Q. Did anybody drag you in?—A. No, sir; they made a rule to let the old 
men standing out there in the line—they made a rule that all the old men 
should come i)i by the exit door and come in and vote and let the ladies in— 
go in thei-e, that is why the back door was tlie door they was to go in at—the 
reason why it uas blocked so—they voted them .so slow, hunting through the 
book and challenges and good many—that is the reason it was blocked .so and 
why they let the old men and the ladies go in the rear door. 

Q. Then the crowd wasn’t being held back at the back door by the officers, 
except when the ladies and the old gentlemen were going in thei-e—they held 
them to keep the crowd on the inside out of the way?—A. They wa.s waiting 
there all day, my friend. 



1484 


CAMPBELL VS. DOUGHTON. 


Q. They were goiiij? in the front door all day?—A. They were going in some. 

Q. When they eaine in tlie front door the ones at the back were waiting? 

A. Tliev had to wait there a good long while. 

Q. How old a man is Pink L.-?—A. I suppose 60 years old; 55 or 60. 

(}. Yon think lie would (‘oine under the head of the old men?—A. This was 
before the rule was made. I think. 

Q. What time of day was that rule made, Mr. Teeter?—A. I suppose about 
3 o’clock. 

Redirect examination : 

Q. Mr. Teeter, IMr. Brown asked you about the back door—holding them 
while they come in the front door—state if they wasn’t blocked at the back 
door all day by the bailiffs?—A. Yes, sir; by main force. They were .lust 
scrouged and pushing as hard as they could, and I wouldn’t try to force my 
way in. 

Q. And the bailiffs held them back?—A. Yes, sir. ^ 

Recross-examination : 

Q. You say the bniliffs kept them from crowding on the inside?—A. They 
tried to, I think. They had ,eggs to keep them from scrouging in—they held 
them back and held them back and others coming in from the exit door. 

(}. They let them in as fast as one got in and voted?—A. Yes, sir. 

Q. You are not positive about this matter, are you?—A. No, sir. 

Q. Do you know how many voted there that day?—A. No, sir; I wasn’t 
inside but probably an hour during the day. I was asking the exit door¬ 
keepers to let me in out of the rain, and I stood back and stood in the rain 
and let a number of old men get in front. 

Q. That was before you voted?—A. Yes, sir; in the fore part of the day. My 
honest opinion is they could have voted as many again as they did. 

Q. You don’t know how many they voted?—A. No, sir. 

Redirect examination : 

Q. You know they could have voted as many again as they did vote? 

(Olrjection by the contestee.) 

Q. You know how fast they voted them, don’t you?—A. Yes, sir. 

Q. You stood and looked at them?—A. Yes, sir. 

Recross-examination : 

Q. How man.v—how fast did they vote them?—A. I stayed there some time 
before they found my name on the book, and the clerk, Mr. Smith, stood there 
and didn’t say a word—two or three of them looked on the registry book and 
finally iVlr. Smith asked me if T hadn’t moved out of the county about two years 
ago, and I told him I did. and he said well he took my name off the registry 
book, and I told him I never voted anywhere else—I had been there a long 
time to vote, and he still .lust stood, and I said I still ought to be a voter, 
and they wouldn’t give me no answer, and I .lust walked off. 

Q. Then about what was the length of time—average length of time—^to vote 
one elector?—A. Sometimes they were coming out of the door, I suppose, one 
a minute and sometimes it would be five or six or ten before one would come 
out. Dhalleng(Hl some and would have to go back to the old books, and had a 
good deal of disputing about that. 

Q. It would average about five minutes to the man, you would say?—A. I 
think more than that voted. Some of them would get there and didn’t chal¬ 
lenge them or nothing, and then again it would be slow and i\Ir. Smith would 
be outdoors and it would take some time for one to go in and vote. 

(The hearing was here adjourned until February 22, 1921, at 10 o’clock a. m.) 

The contestee objects to the testimony of all the witnesses at this hearing 
wherein they have undertaken to testify that they were qualified electors on 
November 2, 1920, for that they have undertaken to state a conclusion of law 
based on their opinion of what constitutes a qualified voter when, in fact, 
their qualifications had not been passed upon by the election officials or shown 
by their testimony. 

Aluemaiile, N. C., February 28. 1921. 

In the matter of taking e\ idence wherein .1. I. Campbell is contestant and 
Hon. R, L. Doughton, contestee, hearings resumed; .1. I. Campbell being present 
in person and represented by (*ounsel I. R. Burleson, W, E, Bogle, 0. D. B. 



CAMPBELL YS. DOUGHTON. 


1485 


UeyiioUis. and Walter Lee Campbell; eontestee being represented by R. L. 
bin tb, R. Brown, II. (). Turner, W, L. Mann, and O. J. bikes; commissioner 
of tesfmony, J. D. Lee: stenographer, Mrs. John 11. Bolton. 

Contestee R. L. Doughton, through his counsel, renews the same objections 
made at Locust on the 21st day of February, 1921, to the taking of testimony 
in this matter before Commissioner J. D. Lee. 

The same objections to the foregoing being entered on the record as hereto¬ 
fore stated by Hon, J. J. Britt and others on the part of the contestant, and 
the same objections are hereby renewed. 

Mr. WALTER LEE CAMPBELL testified as follows: 

Direct examination by Mr. I. R. Bueleson : 

(^. Walter Lee Campbell, turn to reg'stration list of North Albemarle, ward 2, 
which book was identified here by registrar last Saturday, and see if you find 
the name of Jim Andrews? Look and see what registration book that is.— 
A. North Albemarle, ward 2. 

Q. State if that book was in court here on last Saturday and identified by 
Registrar A. C. Troutman as being the book for his ward?—A. Yes, sir. 

Q. Now, you look and see if you find the name of Jim Andrews registered on 
that book?—A. No, sir. 

Q. Now, look and see if that is the certificate of Jim Andrews?—A. It is 
signed by Jim Andrews. 

Q. And witnessed by whom? 

(Contestee olijects on ground that the witness has not stated that he saw the 
purported certificate signed or that he knows the signature of the said Jim 
Amlrews.) 

Q. YJiat witness have yon?—A. It is P. R. or R. R. Crisp. 

Q. IVhat ward is it voted in?—A. It is supposed to be voted in North Albe¬ 
marle, ward 2. 

(Contestee objects.) 

Q. bee if you find tlie name of W. C. Mauldin on the book?—A. No, sir; it 
does not appear. 

Q. bt'e if that is W. C. Mauldin?—A. bigned by W. C. Mauldin. 

(Contestee objects on the witness stating that the purported certificate 
handed him by counsel is s'gned by W. C. Mauldin, for this witness has not 
testifieil that he saw the instrument signed or that he knows the signature of 
W. C. Mauldin.) 

Q. Turn to your registration book and see if you find IV. F. Rampey?—A. 
Yes, it appears here. 

Q. Where do you find it?—A. Eleven names from the bottom of the list. 

Q. Now turn to youi- records and see if you find his name elsewhere, and, if 
so, how written?—A. Yes; I find W. F. Rampey registered again. 

(}. If so, how is it registered?—A. It is written in pencil. 

(J. Of what date?—A. There is no date. 

Q. Is thei-e any age?—A. No, sir. 

Q. Under what alphabet is it registered?—A. It is registered under the G’s, 
the last name under the G’s. i 

Q. It gives no residence either?—A. No, sir. 

Q. State if you have gone over that book heretofore and if so when, and if 
that name did not appear on the book in that form.—A. I went over this book 
on last Monday was a week ago. I found the name of W. F. Rampey one time. 

Q. It is the name you now find written in pencil?—A. No, sir. 

Q. State if that name was on the book at that time in that form?—A. It was 
not. 

Q. AVho, if any one, helped go over the books with you?—A. Mr. George 
Palmer and I have forgotten the names of others. 

Q. State if that name has been inserted on the book since that time.—A. It 
has. 

(Contestee objects to the answer.) 

Q. Turn and see if you find the name of R. A. Losing on that book?—A. Yes, 
sir. 

Q. How is it written?—A. It is written in ink. 

Q. See if you find it written any where else in any other form?—A. I do not 
find it written anywhere else. 

Q. Turn to M. B. Simmons and see if you find his name registered?—A. Yes, 

■Ir. 


1486 


CAMPBELL VS. DOUGHTON. 


Q. How do you lind it written?—A. Written in pencil. 

Q. What date registered?—A. No date, no age, and residence; last of S’s. 

Q. State if you examined that hook and found that name on the book a few 
days ago?—xV. I examined this hook for the name of M. B. Simmons last Mon¬ 
day was a week ago. 

Q. Did you find the name on the book?—A. It was not here. 

Q. Has that name been put on the book since?—A. It has. 

I Contestee objects.) 

Q. State if you find an absentee ticket and signed by M. B. Simmons. 

(Contestee objects to this evidence because this witness has not testified that 
he saw the purported certificate signed, nor that he is familiar with the hand¬ 
writing of the said M. B. Simmons.) 

Q. Look at this hook and see what it is labeled and for what year.—A. It is 
labeled North Albemarle No. 2, 

Q. What kind of a book is it?—A. Poll book. 

Q. See if you find where M. B. Simmons voted there?—^xV. Yes, sir. 

Q. He did vote?—A. Yes, sir. 

Turn to the registration book and see if you find the name of Z. V. 
Martin.—A. I don’t find the name of Z. V. Martin. 

Q. This is a purported absentee ticket; see if his name is signed to it.— 
A. It is. 

Q. For what ward?—A. North Albemarle No. 2. 

(Contestee objects because paper handed witness is not an absentee ticket 
nor a purported absentee ticket; furthermore, that the witness has not stated 
that he saw the instrument handed him signed nor that he knows the signature 
of the said Z. V. Martin.) 

Q. I show you the poll book for North Albemarle, ward 2; see if you find the 
name of Z. V. Martin where he voted in the November 2 election, 1920.—A. Z. V. 
Martin is on the poll book. 

Q. And he voted?—^A. Yes, sir. 

(Contestee objects to this witness stating that Z. V. Martin voted.) 

Q. Turn to your registration book and see if you find the name of V. D. 
Reeves.—A. No, sir. 

Q. It does not appear on the registration book?—A. No, sir. 

Q. Look and see if T. D. Reeves occurs on the registration book.—A. The 
name of T. D. Reeves does not appear on the registration book. 

Q. I hand you the poll book for North Albemarle, ward 2; see if you find the’ 
name of V. 1>. or T. D. Reeves as having voted in the November 2 election, 
1920.—A. I find the name of T. D. Reeves. 

Q. You find the name of T. D. Reeves as having voted?—A. I find his name 
on the poll book. 

Q. But you do not find either on the registration book?—xV. I do not. 

Q. T. I). Reeves having voted in North Albemarle No. 2; this is the poll 
book for North Albemarle No. 2; show his name. 

(The witiiess showed the attorney the name on the poll book.) 

Q. Turn in your poll l)ook where absentee voters are recorded and see if you 
find the name of W. A. Calloway thereon.—A. Yes, sir; in two places. 

Q. Turn to your registration book and see if you find the name of W. A. 
Calloway.—A. I would like to say that one of these are marked “ Win. A.” in¬ 
stead of “ W. x\.” No, sir; it does not appear at all. 

Q. You don’t find the name at all?—^A. No, sir. 

Q. See if you find the name of John Knobe on the registration book.—A. No, 
sir; I do not. 

Q. See if you lind the name of John Knobe, poll book for North Albemarle, 
ward No. 2, absentee voters. Do you find the name of John Knobe?—A. Not as 
yet; I have not been over the whole book yet. 

Q. You <lo not find him on the absentees?—A. No, sir. 

ii. Turn to your legistration book and see if you find the name of Ussery 
Dale?—A. The name of Ussery Dale does not appear. 

(Contestee objects.) 

Q. Turn to your registration book and see if you find the name of Mrs. Molly 
Mabry.—A. Yes, sir. 

Q. How is it registered?—A. In ink. 

Q. Turn to the name of Rossie Starnes.—A. No, sir: it does not appear. 

(Contestee objects.) 

Q. See if you find the name of Nettie Cranford? -A. No, sir; it does not 
appear. 

(Contestee objects.) 


CAMPBELL YS. DOUGHTON. 


1487 


Q. See if yon ftiid tlie name of J. F. Dobey?—xL. The name does not appear. 
(Contestee objects.) 

Q. Turn to the name of W. B. Lisk and see if it appears?—A. No, sir; the 
name does not apfiear. 

(Contestee objects.) 

Q. Turn and see if you find the name of L. S. Barbee?—xA. I find it once. 

Q. How is it written?—xA. Written in ink. 

Q. Turn to the book and see if you find it written in any other form?—xA. 
Yes, sir. 

Q. How is it written?—xA. In pencil. 

Q. Of what date?—xA. There is no date. 

Q. State ag’e?—A. No age and no residence. 

Q. State whether or not that name was on that book when you examined it 
recently, if you did so examine it. 

(Contestee objects.) 

Q. Has that name been put on there recently; if so, since what time?—A. 
It hns been i)laced on here since last Monday; was a week ago. 

(Contestee objects.) 

Q. See if you find the name of William B. Haire?—A. No, sir; I do not. 

Q. See if you find the name of J. D. Smith on the book?—xA. No, sir, 
(Contestee objects.) 

<^. Turn to your book and see if you find J. F. Crowell thereon?—xA. No, sir. 
(Contestee objects.) 

Q. I hand you poll book for North Albemarle, ward 2; turn to No. 103 and 
see what name appears thereon as having voted in said ward?—xA. Ilossie 
Starnes. 

(Contestee objects.) 

Q. You did not find the name on the registration book?—A. No, sir. 
(Contestee objects to both answer and question.) 

Q. Turn to No. 187 of your book and see what name you find there as having 
voted?—A. Nettie Cranford. 

(Contestee objects.) 

Q. Turn to 419 on the poll book; what name do you find as having voted?—- 

A. J. F. Dobey. 

(Contestee objects.) 

Q. Turn to No. 426 on the poll book for North Albemarle, ward 2, and see 
what name you find thereon as having voted ?—xA. W. B. Lisk. 

(Contestee objects.) 

Q, Turn to No. 465 on the aforesaid poll book and see what name is recorded 
as having voted?—A. William B. Haire. 

(Contestee objects. It is agreed between the contestant and counsel for 
contestee that a general objection to the foregoing testimony may be entered at 
the conclusion of the examination.) 

Q. Here is a list of five names; you have examined the registration books of 
North Albemarle, ward 2; state whether or not you have found either of these 
names on the registration books; call the names off.—A. Yes; I have found the 
names of Rossie Starnes, Nettie Cranford, ,1. F. Dobey, W. B. Lisk, and William 

B. Haire entered on the poll book for North Albemarle, ward 2, as having voted 
in the November 2, 1920, election. 

Q. Now state whether or not you find them on the registration books?—A. 
I have already testified as to these. 

(Contestee objects to witness testifying foregoing names as having voted lu 
the November 2 election.) 

Cross-examination by INIr. W. L. Mann : 

Q. IMr. Campbell, do you know for whom Jim Andrews voted—whether he 
voted for contestant or contestee?—xA. I do not. 

Q. Do you know for whom W. C. INIauldin voted—whether for the contestant 

or contestee ?-r-A. I do not. 

Q. I will ask you a general question: Do you know for whom any of the 
names about which you have been asked by the contestant’s counsel whether 
thev voted for contestant or contestee?—xA. I do not. 

Q. I^Ir. Campbell, you found the name of M. B. Simmons, you said, on the 
poll book; I wish you would refer to that poll book and state whether or not 
that is M. B. Simmons or W. B. Simmons.—xA. This is M. B. Simmons, if I am 
correct. 


57695—21-95 



1488 


CAMPBELL VS. * DOUGHTOT^. 


Q. Now turn to the re^tistration book and state wliether or not the names 
do not appear at one place as M. B. Simmons, at another as W. B. Simmons?— 
A. There is a W. B. Simmons on the registration book and a M. B. Simmons. 

Q. Now, Mr, Campbell, when did you state that you examined these books— 
the registration and poll books—on what date?—A. Why, it was last Monday 
a week ago; I do not know what that date was, 

Q. Where were the books when you examined them?—A. They were in the 
office of the register of deeds. 

Q. Do you know where these books have been ever since?—A. To the best 
of my knowledge, with the clerk of the court. 

Q. Do you know that?—A. I only know from observation and the fact that 
he brought them here Saturday. 

Q. Well, now, you have not been in Albemarle very much of the time since 
last Monday a week, have you?—A. I have been here practically every day- 
through town—but not for any length of time. 

Q. Have you seen those poll books since last Monday week until last Sat¬ 
urday?—A. I have not, 

Q. No; you do not know where those books have been or in whose posses¬ 
sion they have been since last Monday a week, of your own knowledge?—A. I 
heard a Avitness testify as to where they Were, but, to my own knowledge, I 
do not know. 

Q. Do you know whether or not Avhoever had the books in their possession 
refused any person the right to examine those books during this time between 
Monday a Aveek and noAv?—A. I do not. 

Q, So, so far as you knoAv, both the registration book that you have of North 
Albemarle, Avard 2, and the poll book of North Albemarle, AA\ard 2, have been 
open for public examination and public inspection?—A. They ha\"e, so far as 
I knoAv. 

Q. Were you present at No. 2, North Albemarle, Acting precinct on Novem¬ 
ber 2?—A. No, .sir; I was not. 

Q. ]Mr. Campbell, do you knoAV, of your oAvn knoAvledge, AAdiether or not any 
of the certificates Avhich have been handed to you by contestant’s counsel, and 
about Avhich you have testified, AA^ere used in voting in the North Albemarle, 
ward 2, voting precinct in November 2, 1920, election?—A. To my oAvn knoAAd- 
edge, I do not, but I Avould like to state I did see them identified here Satur¬ 
day by one of the poll holders as the ones voted there. 

Q. Who Avas it that identified those certificates?—A. I do not recall the 
gentleman’s name, but I do knoAv he was poll holder. 

Q. Poll holder or registrar?—A. Poll holder. 

Redirect examination by Mr. I. R. Burleson : 

Q. Mr. Campbell, as to the books being out, state if you did not hear the 
clerk of the superior court testify here on last Friday that the registration 
book for North Albemarle, Avard 2, had been in J. R. Price’s office, one of the 
contestee’s attorneys.—A. I did. 

(Contestee objects both to the question and ansAA’er.) 

Recross-examination by Mr. W. L. Mann : 

Q. INIr. Campbell, did you not also hear it testified that these books Avere in 
the possession of the contestant or his friends and out of the office of the 
clerk of the court?—A. I heard Mr. Little testify to the fact that they had 
been in the hands of Dr. Campbell; he did not say for sure; he said they had 
been in the clerk of the court’s office, and ref’erred to the time that father 
and I Avere in there and testified that I took the books, or Dr. Campbell did, and 
I Avould like to say that I Avas Avith him and this is the time INIr. Palmer, Mr. 
Helms, my father, and I Avere checking up the number of registrants. I also 
heard Mr. Idttle testify that the books had been out of his possession and in 
Mr. Palmer’s office, and that he Avas absent during the time they were in the 
possession of Mr. Palmer and in his office. 

Q. I do not think you have ansAvered my question, Mr. Campbell.—A. They 
were out of the office; I heard him testify to it. 

Q. Mr. Campbell, he did not state that Dr. .Campbell ever carried the books 
out of the courthouse, did he?—A. No, sir. 

Mr. C. J. HELMS testified as folloAvs: 

Direct examination by Mr. I. R. Burleson : 

Q. State Avhat book I have handed you.—A. Registration book. North Albe¬ 
marle, Avard 2. 


CAMPBELL VS. DOUGHTON. 


1489 


Q. For what election?—A. November 2 election, 1920. 

Q. What name do you find recorded, and how recorded? 

(Contestee objects.) 

Q. What name do you find recorded and that was not on that book recently? 

(Contestee objects.) 

Q. State whether or not you find the name of L. S. Barbee on that book?— 
A. In pencil. 

Q. What date was it recorded?—A. No date. 

Q. State if there is any residence.—A. There is not. 

Q. State if you examined that book, and, if so, when?—A. My recollection, 
last INIonday a week ago; last Monday a week ago or to-day. 

Q. Was that name on the hook then?—A. No, sir. 

Q. It was not written in pencil as it is now?—A. No, sir. 

Q. Turn and see if yon find the name of M. B. Simmons?—A. Yes. 

Q. How is it written?—A. Pencil. 

Q. What date recorded?—A. No date. 

Q. Any residence?—A. No residence or age. 

Q. Was that name on the book when you examined it last INIonday?—A. 
No, sir. 

(Contestee objects.) 

Q. See if you find the name of W. R. Rampey written in pencil?—A. Yes, sir. 

Q. State whether or not that name was written in pencil when you examined 
the book before?—A. It was not. 

(Contestee objects.) 

Q. Mliat date was it recorded?—A. Not any date, age, or residence. 

Q. Turn and see if there is another W. F. Rampey recorded in ink on your 
book?—A. Yes, sir. 

Q. What date recorded?—A. October 23, 1920. 

Q. Do you know of more than one W. F. Rampey? State if you heard 
W. F. Rampey testify that he was the only W. F. Rampey in North Albemarle, 
No. 2. You are deputy sheriff of this county, and as such you are familiar 
with the people.—A. No; I do not. 

(Contestee objects to question and answer.) 

Cross-examination by Mr. R. L. Brown : 

Q, Mr. Helms, in your examination of the books at the time you mention did 
you personally yourself read over every name that appears on the book?—A. 
No; we were looking for these names on the registration books and did not find 
them. 

Q. Did you handle the books yourself?—A. Yes. sir. 

Q. You personally looked over the books yourself for these names?—A. Well, 
there were three of us together; we were all looking and called out the names. 

Q. Who called the names?—A. I don’t remember; Dr. Campbell, though, I 
think. 

Q. The contestant. Did you call any names yourself?—A. No. sir. 

Q. Nor you did not examine the books yourself, but were present when the 
names were called by some one else?—A. I was helping examine the books 
looking for these names. 

Q. I am asking you, did you read the book yourself?—A. Yes, sir. 

(}. You read the book yourself at that time?—A. I did not read the book all 
through, as I said, but I was looking for these names in the alphabet. 

Q. You did look at the alphabetical arrangement to see if the names were 
there? I understand that you personally inspected the books yourself for these 
names and examined and read the names on the book under the alphabetical 
arrangement?—A. We were all standing there looking at it. Dr. Campbell 
called the names. 

(). Mr. Helms, you do not undertake to say you know every voter in north 
Alliemarle, precinct No. 2?—A. No, sir; I did not say that. 

Q. There might be another man by the name of W, F. Rampey, so far as you 
know.—A. I said a while ago, so far as my knowledge. 

Mr. H. C. TROUTMAN testified as follows: 

Direct examination by Mr. I. R. Burleson : 

Q. Mr. Troutman, were you in INIr. Price’s office last Wednesday or Thursday 
night at the time the registration books were up there?—A. Yes ,sir; I was up 
there. 


1490 


CAMPBELL VS. DOUGHTON. 


Cross-examination by Mr. R, L. P>RO^VN : 

Q. Mr. Trontman, yon say you were jiresent when these books of wliioh we 
liave been speaking of were in the olHce of ]Mr. Price; were those Imoks tam¬ 
pered with in any way at that time?—A. There was some writing with pencil. 

Q. Mr. ''Prontman, was tlie pencil writins: which yon si)eak of i)laced in those 
book.s at the time they were in the office of ^Ir. Price?—A. They were not. 

Q. Then yon mean to say that the pencil entrances were in the books prior to 
that time?—A. They were. 

Q. What night was it the books were in the office spoken of?—A. I just can’t 
say positively. 

"q. AVas it one night last week?—A. Yes, sir; last week. 

Q. Yon have heard it testified here that these books were in tbe possession 
of tbe contestant. Dr. Campbell, or his friends before they were in the office 
spoken of?—A. Yes, sir. 

Redirect examination by Mr. P>rRLESoN : 

Q. IMr. Troutman, do yon know that handwriting?—A. No, sir; I do not 
know it. 

Q. Is that yonr writing, IMr. Ti-ontman?—A. I don’t think so. 

Q. IMr. Troutman, look at the last name, W. F. Rani])ey, and see if yon know 
that handwriting?—A. I do not know. 

Q. Is it yonr writing?—A. I would not swear it is my handwriting. 

Q. AVould 3’on swear it is not yours?—A. I won’t swear to any of the pencil 
writing. 

Air. W. W. TALBERT testified as follows; 

Direct examination by Air. G. D. B. Reynolds : 

Q. Yonr name is W. AY. Talbert?—A. Yes. sir. 

Q. Yon were registrar for north Albemarle, ward 1, for the 1920 election?— 
A. Yes, sir. 

Q. AA’ere yon registrar all of the time or part of the time?—A. All. 

Q. I believe yon were not registrar for the Alay election, the primary elec¬ 
tion?—A. No. sir. 

Q. Air. Talbert, in registering for that election please state whether or not 
yon registered all those who presented themselves to yon for registration.—A. I 
did. I did not tni-n down a single one. 

Q. State whether or not yon took yonr books and went out over tbe com¬ 
munity and registered people at theii’ homes.—A. I did not take my book, but I 
went out and registered some i>eople by special request. 

Q. Air. Talbei't, do yon recall the names of those whom yon did register by 
special I’eqnest?—A. I can recall some; not all of them. 

Q. AAdien yon registered them that way, how did yon. do it?—A. I had a little 
ledger that I took and recorded their name and place of birth and placed them 
down on my book when I got back to the office. 

Q. ITow many times. Air. Talbert, did yon go out?—A. I don't know. Air. 
Reynolds; quite a good many times that T was asked to go out. Sometime with 
fellows, and occasionally some man would ask me to stop and register his 
wife, and I did that. 

Q. AA’ill yon please state who those fellows were?—A. Air. Tlnckabee, T be¬ 
lieve, asked me to go out one afternoon, {uid Air. Tommy Russell ])robably two 
afternoons, and the gentleman who used to be .iailer—wbat is his name—Air. 
Green ? 

Q. Do yon know the politics of these gentlemen with whom yon went out?— 
A. T do not know. 

Q. I ask yon if yon do not know that Air. Hnckabee was candidate on the 
Democratic ticket?—A. A"es, sir; I don’t know all of them, but I know some. 

Q. Do you know Air. Tommy Russell's politics?—A. No, sir. 

Q. Do yon know Air. Green's?—A. Yes, sir. 

Q. I>o yon know wlmt they are reputed to be?—A. They are reputed to be 
Democrats. 

Q. All yon, were out with were reimted to be Democrats?—A. Yes, sir. 

Q. All were for Air. Donghton?—A. I don't know. 

Q. Did yon go out with any Republicans at all?—A. No, sir; I did not. 

(>. I ask yon. Air. Talbert, if the persons yon went to were not Democrats— 
were reputed to be Democrats?—A. No, sir. 

Q. Will yon ple.ase give me the name of any Republican?—A. Air. Denning’s 
wife and daughter. 


CAMPBELL VS. DOUGHTON. 


1491 


Q. iNIr. Tom Denning?—A, Yes, sir. 

Q. Is tliut all yon reenil? A. There was a lady down near the river; I can’t 

1 J^^ic'kabee that she was a Republican, but she 
\\ anted to register, and 1 registered her, and her husband was a Republican, and 
I registered him. ^ ’ 


V S' of that fact before he got there?—A. 

es, sii , because the party at the house—before that house—said thev were 
Republicans, but wanted to register. 

Q. How iminy Democrats did you go to see and register?—A. I don’t know 

Q. Can you give me an idea?—A. No, sir; I can not. 

Q. Vou, went down toward P>adiii on one trip?—A. Yes, sir. 

Q. And down liy Swift Island and Palestine?—A. This’was a special arrange¬ 
ment ; some parties come to me and asked me to go with tliem and I went. 

Q. Mr. Talbert, did you refuse to go with Press Laton to register faither 
Laton’s wife?—A. No, sir. 

Q. Did any one else ask you to register Luther Laton’s wife and vou re¬ 
fused?—A. No, sir. 

Q. Did you go to any of the homes after night?—A. Yes, sir. 

Q. Do you know how many?—A. No; I do not. 

Q. Can you tell us apiiroximately how many?—A. No, sir. 

Q. Quite a number, at least?—A. Several; yes, sir. 

Q. Both men and women?—A. Yes, sir. 

Q. And these that you registered they were all Democrats, so far as you 
know?—A. I did not ask them. 

Q. M ho went with j'ou to register them?—A. There has been several fellows 
went out with me. 


Q. Do you remember any one who went with you at night?—A. A IMr.-Coble; 
I do not remember his initials; Mr. 'Wiiihan Sanders and probably a Mr. Smith; 
I do not remember his initials. 

Q. All reputed to be Democrats?—A. Supposed to have been. 

Q. M'ere .vou in Badin and registered Mr. Mott Sanders?—A. I registered 
one Mr. Sanders there, hut don’t remember his name. 

(Contestee ob.lects to leading questions.) 

Q. ]Mr. Talhert, I ask you if, on that Badin occasion, Mr. Sapp did not 
request you to come by and register some parties?—A. Mr. Sapp came in to 
see me on Friday afternoon and asked me if I could go down and register 
some parties for him, and I told him I could go that afternoon, and he 
brought the same parties up on Saturda.v, or at least I supposed they were 
the same ones, and registered them on Saturday afternoon. 

Q. IMr. Talbert, were you in Mr. Sapp’s store that day you were down at 
Badin?—A. I was. 

(J. Mr. Talbert, I ask you if you did not take your books up in the Demo¬ 
cratic headquarters?—A. No, sir; I may have had them with me at one time 
when I stoi)ped there. 

Q. Did you ever turn them over for examination hy them?—A. No, sir. 

(). M’ere you in any office when you had them examined by the ruler of the 
Democratic Party?—A. I nevf'r left my books for anybody to inspect, except 
when I was not busy I left the books here in the clerk of the court or register 
of deeds’ office, and occasionally some one would find me on the streets and 
would want to be registered, and I would be glad to come back and register 


them. 

Q. Mr. Talbert, do you know—did anyone register any names other than 
yourself?-—A. No, sir. 

Q. Did anybody furnish you a list of names to transcribe to the books 
that you hav*e not seen?—A. Nothing except the old register. 

Q. Was it your invar-iable rule to swear applicants?—A. I swore every one, 
Q. Do you know if Mr. \V. L. Cotton voted in ward 2?—A. Is that the 
gentleman that runs the laundry? No; he did not vote. 

Q. He.voted in another ward?—A. I do not know; he did not vote in our 

ward here. ^ . 

Q. IMr. Talbert, on election day I ask you if you had a clerk?—A. les, sir. 

Q. I ask you if you did not refuse the Republicans a clerk?—A. I refused 
to let I^Ir. Brown act as a clerk owing to the fact that I had a clerk already 
who fiad been s\vorn in to act as clerk for me. 

Q. Would you have refused any other Republican who would have made 

application? 

(Contestee objects.) 


1492 


CAMPBELL VS. DOUGHTON. 


Q. I will withdraw that question and put it in another form. How many- 
poll books were kept?—A. One. 

Q. And that was kept by a Democratic clerk?—A. Supposed to have been 
a Democrat. 

Q. And you would not permit any other poll book kept there?—A. Just one; 
that is all. 

Q. I ask you, INIr. Talbert, if the Republicans did not request, through their 
poll holder, a clerk also on that occasion?—A. One Mr, Brown came in and 
asked for a table and book and a chair, and I asked him if he had been 
sworn in, and he said no. I asked him what right he had there, and he 
said he was Mr. Rowland’s clerk. I told him Mr. Rowland was only a poll 
holder and I was the bookkeeper and the only man who had a right to a 
clerk, and therefore did not need him. I desire to read a section, 5971, in 
the Director of the Election Law of North Carolina: 

“ Duties of judges. —The judges of election shall attend at the polling places 
for which they are severally appointed on the day of election, and they, 
together with the registrar for such township, ward, or precinct, who shall 
attend with the registration books, after being sworn by some justice of the 
peace, or other) persons authorized to administer oaths, to conduct the 
election fairly and nonpartially according to the constitution and law of the 
State. Open the polls and superintend the same until the close of election. 
They shall keep the poll books, in which shall be entered the name of every 
person who shall vote, and at the close of the election the said registrar and 
judges of the election shall certify the same over their proper signature, or 
a majority of them, and deposit one copy thereof with the register of deeds 
and another with the chairman of the county board of elections for safe¬ 
keeping. And said poll books shall, in trial for illegal and fraudulent voting, 
be evidence.” 

Q. You did not comply with that section of the law, did you, Mr. Talbert?— 
A. I certainly did, sir. We had three books, but did not keep but a little 
over one and did not have need of but one clerk. We had all the books 
necessary ; we had and could have gotten more. 

Q. Did you deposit a copy of them wTh the register of deeds?—A. Yes, sir; 
with the clerk of the court; I do not remember whether they were to the 
clerk of the court or register of deeds. We left them, I believe, with the 
clerk of the court; seems to me the register of deeds was out of town. 

Q. You did not keep copies of the book, did you?—A. You mean did we 
keep the poll books? I do not remember what the clerk did with the copy he 
made. 

Q. Who made the copy?—A. Mr. Henry Snuggs. 

Q. When was it made?—A. At the same date he registered the name of 
the voter. We had a carbon sheet. I asked him to do that. 

Q. Did you deposit that with the chairman of the board of elections?—A. 
I don’t reineml)er; I can find out for you. 

(}. Did you or didn’t you?—A. I don’t know. 

Q. You just made—instead of making two sets of the books you made a 
carbon copy?—A. Yes; we made carbon copies of the names as they were in. 

Q. But one book?—A. I think it took more than one book. We made two 
copies of the names as they voted. 

Q. Do you know the vote in Albemarle, No. 1?—A. I know approximately; 
something like l,0(Mk 

Q. Do you know what per cent were for Campbell and what for Doughton?— 
A. I do not; a few more for I^oughton th.an Campbell. 

Q. Do you know approximately?—A. No, sir; I do not remember the figures. 

Q. You had no trouble in voting your people here?—A. They voted in good 
time; they got through pretty well. We were rushed and crowded during the 
morning, but in the afternoon we had a few minutes of leisure. 

(Adjourned until 1.30.) 

Q. Were you requested by Mr. Noah Pennington to register Will Sw.aringen’s 
wife?—A. No, sir. 

Q. You did not register her?—A. I don’t know whether her name is on the 
book or not. 

Q. You did not register her?—A. If her name is on the book, I can tell you 
whether she registered or not. 

Q. State whether or not Richard Hill and Press Laton requested you to go and 
register Luke Laton, Ed Dick, and George Ribley’s wife.—A. No, sir. 


CAMPBELL VS. DOUGHTON. 


1493 


Q. Have you since ^^ e adjourned made any investigation as to the poll book?— 
A. No, sir; except I met INIr. Little and asked him in regard to it and he said he 
had not been able to find it. 

Q. He was the man with whom the book was deposited, and I believe you 
stated you left a copy with John Heath?—A. I do not remember that I left a 
copy with Mr. Heath, hut I think I told him I had a copy and had left it with 
the clerk of the court, so he could get a coi)y of it. 

Q. Was that two different poll books or was it one poll book and copy of it?— 
A. Carbon copy. 

Q. Did any of the officials sign them?—A. Not that I know of. 

Q. Did you sign those poll books?—A. No, sir. 

Q. About how many votes did you say were cast in North Albemarle, No. 1?— 
A. Something over 900, probably l,tR)0; there may have been a few more than 
that. 

Q. Were there very many challenges in your ward?—A. Only a few. 

Q. They were made on th.e day of election or before?—A. I think there was 
probably six or eight challenges before and three or four on election day. 

Q. Was there any considerable time consumed in challenging or making chal¬ 
lenges?—A. No, sir. 

Q. AVere there any interruptions or anything of that nature during the day to 
hinder the election?—A. No, sir. 

Q. Did you have any difficulty in finding the names on your book with the 
arrangement you had?—A. No, sir; I had the names arranged on the book—• 
there were only probably two pages of one letter, therefore I kept the old reg¬ 
ister ; probably a few of the new ones were on that, but I kept the men on one 
and the women on another, so that I could find them in case they were an old or 
a new one. 

Q. Did you ever have any exi)erience as bookkeeper?—A. I have. 

Q. Wry considerable?—A. For six or eight years. 

(>. You are familiar with the handling of books of that k'nd?—A. A"es, sir. 

Q. How long has it been since you were a bookkeeper?—A. I keep lawks all the 
time now, INIr. Reynolds. 

Q. I do not mean that; I mean since you have kept books?—A. About six 
years. 

Q. Did you ever .serve as poll holder or registrar?—A. No, sir. 

Cross-examination by ]Mr. AA'. L. IMann : 

Q. AAliat do you mean by keeping books now?—A. In the way of keeping 
books; I am a traveling salesman and every sale I make has to be entered to 
the firm that tlie goods are sold to and against the company the goods are sold 
for. I would probably during the year enter six or eight hundred different 
entries and possibly ;; thousand or twelve hundred. 

Q. Do you keep yourself familiar, then, with the handling of books?—A. Yes, 
sir. 

]Mr. J. A. LITTLE, recalled!, testified as follows: 

Direct examination by Mr. AA'altee Ia<:E Campbell: 

Q. Mr. Little, have you searched your office diligently for poll book for North 
Albemarle. No. 1?—A. I have. 

Q. You have been unable to find it?—A. So far; ye.s, sir. 

Cross-examination: 

Q. ]\Ir. Little, the book was turned over by IMr. Talbert to you?—A. It has 
been in the office. 

(}. 1)0 you know when it was taken out?—A. I do not. 

(j. Bv whom was it taken out?—A. I do not. 

Q. Could you say that it was taken out by i\Ir. Doughton or any of his friends 
or adherents?—A. No, sir. It was unknown by me. 

Q. Do you know whetlier the contestant. Dr. Campbell, or any of his friends 
or adherents have had possession of the book?—A. I can not say they have had 
it out of the office. Dr. Campbell was in the office looking over them and 
carried something to the register of deeds office, but as to this special book 
I can not say that he carried it out. 

IMr. RICHARD HILL testified as follows: 

Direct examination by Mr. I. R. Burleson : 

Q. JMr. Hill, state what you know about the registrar for North Albemarle, 
No. 1, refusing to go to register Republican women.—A. It was on Friday, I think. 


1494 


CAMPBELL VS. DOUGHTON. 


before the I’ejjistration books were to close on Saturday, I met Mr. T*. J. I>aton 
oil the streets of Albemarle; be asked me if I knew where INFr. Talbert was, 
tile i’(\iristrar for North Albemarle. I told him be was supjiosed to be in town 
somewhere or on the streets, probably. He asked me to help look him up. AVe 
walked into Allen's elothini*’ .store and ^Ir. Talbert was in the store at that time. 
Air. laiton and myself walked in and I inti'odueed Air. Taiton to Air. Talbert, 
statini? that he wanted him to ^o and reg'ister some ladies that were not able 
to come and register. Pie made the remark at that time that he could not go; 
that he had an engagement. 

Q. About what time of day was that?—A. About 10 o’clock a. m. 

(}. Do you know what ladies it was who wanted to register?—A. I do not 
recall. 

Q. Whatever statement, if any, did Air. Laton imike to the registrar, Air. 
Talbert?—A. He told him be would carry him down in his car and pay him 
for his time and trouble. 

Q. Did he state whether or not he would bring him back?—A. Y^s. He said 
he could not go; he had an engagement. 

Air. P. .T. LATON testitied as follows: 

Direct examination by Air. I. K. P>URr.ESoN : 

Q. Air. Laton, what do you know, if anything, about the registrar. Air. Tal¬ 
bert, refusing to go to register parties?—A. Well, I went to him and asked him 
if he could go and he said he could not. I wanted to register George Kibley’s 
wife and another. " 

i). State whether or not they were able to come.—A. They were not. 

(j. State if they did get to register and vote.—A. Tliey did not. 

(p What were tlu'ir jHilitics?—A. Republican. He said he could not go. I 
told him I would like for him to go, for unless he did they would not be able 
to come. He i)ulled out his watch and it lacked a few minutes of being 10 
o'clock. I .said, “ If you will go I will furnish a car to go back on and pay you 
for your time.” Pie pulh'd out his watch and it lacked a few minutes of being 
10 o’clock, and he said he had an engagement at 12 and could not go. 

Q. Do you know how Annie Springer voted?—A. Democratic. 

(Contestee objects.) 

Q. AVas she a citizen of North Carolina? State why she was not a legal 
voter.—A. Had not been in the State two ,vears. 

Q. She voted a straight Democratic ticket?—A. So far as I know. She got 
her tickets on the Democi'atic table and was with Democrats. 

Q. Do yon know about Huston Hathcock?—A. He voted. 

Q. P)o you know how he voted?—A. Could not say. 

Q. Do you know what his reputed politics are?—A. Democrat, I think. 

(). AVas he a legal voter? 

(Contestee objects to this question, because it requires the witness to state a 
conclusion of law.) 

Q. AAdiere was Huston PTathcock living at that time?—A. Troy, he told me; 
Tro.t, Alontgomery County. 

Q. Do you know about how long he had been living there before that?—A. It 
strikes me he told me he had been living there about four or six weeks. 

Q. Anything else you know of irregular?—A. None that I remember of now. 

Air. AIERT DENNIS testified as follows: 

Direct examination : 

Q. Your name is Alert Dennis?—A. Yes. 

Q. AAdiere do you live?—A. T live near the George Pickier old place. 

(}. You were an elector in this North Albemaide No. 1? Do you know Annie 
Spri nger ?—A. Yes. 

Q. Do you know how she voted last election?—A. Democratic ticket. 

(). That included a ticket for Air. Dijughtofi?—A. All the rest were Demo¬ 
cratic. 

Q. State whether or not she was a legal voter in this townshi])?—A. No, sir. 

Q. AVhy was she not a legal voter?—A. Had not been in the State two years. 

(Contesb'e objects to this ipiestion because it requires the witness to state a 
conclusion of law.) 


CAMPBELL VS. DOUGHTON. 


1495 


Cross-examination by Mr. W. L. ^NIann : 

Q. ho was it you said voted a Demoeratie ticket?—A, Annie Springer. 

Q. I)id yon see her vote?—A. Tliat is what slie told me. 

(}. You do not know of your own knowledge how she voted?—A. Nothing; 
only I saw her get her ticket olf the Democratic table. 

(}. Do you know of your own knowledge whether she put in a ticket for 
Doughton or Campbell?—A. 1 do not know. 

(}. Do you know she voted for either of these gentlemen?—A. All I know is 
she got a set of tickets pinned together and put them in the box, but I don’t 
know who they were for. 

Q. She got them off the Democratic table?—A. Yes, sir. 

Mr. F. H. BFlvLESON testitied as follows; 

Direct examination ; 

Q. Your name is F. FT. Ihirleson?—A. Yes, sir. 

Q. Do you know W. I’hilas Hinson?—A. Yes, sir; I do. 

Q. November 2, 1920, where was he living?—A. In ward 3. 

Q. Flow long had he been there?—A. About 18 months. 

Q. Do you know his reputed politics?—A. He is a Democrat. 

(}. AVhere did he vote?-—A. Don’t know. 

(F But you know he is not a legal voter in ward 1?—A. Yes, sir. 

Q. Charley Russell, do you know him?—A. I do. 

Q. Do you know his reputed politics?—A. Democrat. 

(}. I>o you know whether he voted that day?—A. Fie did not. He told me he 
stayed at home and shucked corn, he and his wife. He told me if there was an 
absentee ticket he did not order it voted or vote it himself, 

Mr. \V, B. MOOSE testified as follows: 

Direct examination by Mr, I. R. Burleson: 

Q. INIr, Moose, do you know A. P. Capel and wife?—A. I do, 

(F Where did they vote?—A. Why, they voted in Badin; an absentee ticket 
in Badin. 

Q. M’ere they residents of Badin?—A? No, sir. 

(F Where was their home?—They left Badin on the 13th of October and 
moved to Mountain City, Ga. 

Q. So they were residents of Georgia, living in Georgia at that time?—A. Yes. 

(F Mr. Moose, do you know Goode M. Cooper, I, W. Goodman and wife?—A. 

I do. 

(F Do you know where they voted last election?—A. They said they voted at 
the courthouse here. 

(F How did they vote?—A. Democratic ticket. 

(F Did they all vote Democratic?—A. That is what they told me. 

Q. Had they been in the State two years?—A. They had been in the State 
two years, but only in the precinct three weeks and a half. v 

(F They had not l)een in the precinct four months?—A. Three weeks on the 
Friday before tbe election on Tuesday. 

Q. Do you know C. C. Cox?—A. Yes. sir. 

(}. Where was he living; had he been living in North Carolina the last two 
years?—A. Not to my knowledge. 

Q. Where had he been making his home?—A. He moved away from Badin 
and when he left there he went to Virginia. 

Q. Flow long has he been back?—A. I could not say how long; he is not 
back yet so far as I know. 

Q. If he had voted an absentee ticket it would not have been legal ? 

(Contestee objects.) 

Q. Mr. Moose, do you know IMr. George Southerner?—A. Yes, sir. 

(}, Do you know how he voted?—A. No; I do not. 

(F M'as he a legal voter? 

(Contestee objects on the grounds that he is asking the witness to state a 
conclusion of law.) 

Q. Do you know Mr. H. A. Lilly?—A. Yes, sir. 

Q. M'here was he living?—A. The FI. A. Lilly I know was living in Badin, 

Q. If he should have voted in Albemarle, No. 1, would that have been a legal 
vote?—A. No. 

(Contestee objects.) 


1496 


CAMPBELL VS. DOUGHTOIT. 


Cross-examination : 

Q. This man Cox yon said he was not a resident; do know where he 
is now?—A. I do not. 

Q. Where did he live at the time of the last election?—A. I do not know 
where he lived. 

Q. You do not know what State or county he was a resident of?—A. I am 
satisfic'd he did not live in Badin. 

Q. But you do not know where he lives?—A. I could not swear where he 
lives. 

Q. This Mr. Southerner you were talking about, where does he live?—A. He 
lives in Badin. 

Q. Where did he live at the time of the election?—A. In Badin at the time 
of the election. 

Q. Do you know where he lives now?—A. He is living on Palls Road. 

Mr. W. P. SWARINGEN testified as follows: 

Direct examination; 

Q. Your name is Mr. Will Swaringen?—A. Yes, sir. 

Q. Wliat precinct do you reside in?—A. North Albemarle, No. 1. 

Q. Do you know IMr. Robert L. Byrd?—A. I do. 

Q. Do you know whether or not he voted in the last election in your 
precinct?—A. He voted an absentee ticket. 

Q. How do you mean he voted an absentee ticket? Do you mean he voted 
a straight Democrat or Republican ticket?—A. I mean he was not here present 
when he votcnl. I do not know what his ticket was. 

Q. What is he reputed to he?—xV. Democrat. 

Q. Do you know the nature of his absence?—A. He has been in Georgia 
for a year or more and before he went to Georgia he was over at Badin for a 
year, probably two years. 

Q. But you say he has been in Georgia for the last year?—A. Yes, sir. 

Q. Do ycm know IMr. R. A. Casper?—A. Yes, sir. 

0. Do you know what precinct he lived in?—A. North Albemarle, No. 1. 

Q. Has he livcxl there in the past four months, or the four months previous 
to the election was he there any time?—A. He was there probably a day or 
two at the time. 

Q. Is he a married man?—A. Yes, sir. His family lives here. 

Q. Where do they live?—A. North Albemarle, ward No. 1. 

Q. Do you know whether or not he voted in the last election?—A. He voted 
an absentee ticket, I think. 

Q. What are his politics, do you know'?—A. Democrat. 

Q. He voted a Democratic ticket at the last election?—A. I suppose so. 

Q. To the best of your knowdedge he did?—A. Yes, sir. 

Q. Do you know' IMr. D. C. Lowuler?—A. I am not sure that I do. 

Q. Do you know' J. S. Hatley?—A. Yes, sir. 

Q. Do you know' the nature of his absence during the past election?—A. He 
w'as out of the county. 

Q. Do you know' his politics?—A. Democrat, I think. 

Q'. He is generally reputed to be a Democrat?—A. Yes, sir. 

Q. You say you don’t know w'here he is?—A. He is out of the county. 

Q. How' long had he been out of the county previous to the election?—A. Six: 
months or more, I think. 

Q. Do you know' Mr. C. C. Cox?—A. No; I do not. 

Q. This man is better know'ii as Charlie Cox, I believe?—A. I don’t know 
him. 

Q. Do you know a V. D. Reeves in your precinct?—A. I do not. 

Cross-examination: 

Q. Mr. Sw'aringen, w'here did J. S. Hatley live before he left this county?— 
A, He lived here with his father. 

Q. He is a single man?—A. No, sir; he is married. 

Q. Where does his father live?—A. Close to the hosiery mill. 

Q. Do you know when J. S. Hatley left?—A. No, sir; I do not. 

Q. Do you know^ how' he voted?—A. No; I do not. 

Q. R. A. Casper; w'here does he live?—A. In East Albemarle, ward No. 1. 

Q. He is a married man?—A. Yes, sir. 

Q. His family lives here now'?—A. Yes, sir. 


CAMPBELL VS. DOUGHTON. 


1497 


Q. You say he sent in an absentee vote?—A. Yes, sir. 

Q. Do you know how he voted?—A. Democratic, I think. 

Q. Do you know who he voted for for Congress?—A. I do not. 

Q. How long has he been living in PLast Albemarle?—A. About six years: 
probably longer. 

Q. Same place where he is now?—A. Ye», sir. • 

Q. Byrd; where does he live?—A. He is in some part of Georgia. 

Q. ^^ here does he make his home, do you know?—A. Where he is at, I sup¬ 
pose. 

Q. Is he a married man?—A. No, sir. 

Q. Does he own any property in this county that you know of?—A. I do not 
know that he does at present; he used to own some down near Palmerville or 
Lowders Ferry. 

Q. He used to live out in East Albemarle, didn’t he?—A. Between here and 
Badin. 

Q. You say that he voted an absentee vote?—A. Yes, sir. 

Q. Do you know how he voted?—A. Democratic, I suppose; that is his 
politics. 

Q. Do you know who he voted for for Congress?—A. I do not. The reason 
I think he voted a Democratic ticket was his brother said if he>. had known it 
in time he would have sent him a ticket, so he could have voted. 

Redirect examination: 

Q. Do you know X. B. Lowder?—A. I do not know a Lewder by that initials. 

Q. Do you know T. INI. P^sperman?—A. I know a Till Fesperman. 

Q. Do you know whether or not he voted an absentee ticket this last elec¬ 
tion?—A. I think he did. 

Q. Do you know Mr. R. A. Cooper.—A. I do not know him by the initials. 

Q. You do not know a R. A. Cooper in your township? You are pretty well 
familiar with the people in your precinct?—A. Biggest portion of them. 

Q. How long have you lived there?—A. Little over six years. 

Q. T. M. P>sperman—is that the same man as Till?—A. I do not know. 

Q. The Fesperman you were speaking about, was that Till?—A. Yes, sir. 

Q. How was it you said he voted?—A. Absentee ticket. 

Q. I know, but whom did he vote for for Congressman?—A. I did not say. 

IMr. J. W. BROWN testified as follows: 

Direct examination: 

Q. Your name is J. W. Brown?—A. Yes, sir. 

Q. Are you a voter in North Albemarle. No. 1 precinct?—A. Yes, sir. 

Q. Were you present November 2, 1920. at the polling place?—A. I was. 

Q. Did you serve in any official capacity there that day?—A. No, sir. 

O. \^’'as you asked to serve?—A. Yes. 

Q. By whom?—A. I was to act as clerk for Mr. Rowland. 

(>. AVho asked you to do that, the Republican I’arty?—A. ]\Ir. Rowland. 

Q. Did you act as clerk?—A. No. 

Q. Why not?—A. Well, when I went up I was up there early; we got ready 
to vote; the registrar said something about getting out, and Mr. Rowland said 
he liad me as his clerk. He said, “ I have a clerk and we don’t need any more,” 

Q. Who said that?—A. INTr. Talbert. Mr. Rowland said he would have to 
have one. I spoke np and said that the chairman ruled we were to have one. 
He said Mr. IMorrow was not running this to-day and I got out. iNlr. Rowland 
said we d'd not want any trouble. 

Q. Mr. Brown, did you request a copy of the registration books?—A. We re¬ 
quested to investigate them and look them over, and INIr. Press Baton, Swarin- 
gen, and myself were in there. When we went to the door he told us to come 
in. I turned and went back to the clerk’s office and I walked on in. In a few 
minutes he came in and said there they were, I told INIr. Talbert I did not see 
the book I wanted; that these were the old books and I wanted the new ones. 
He said he did not have it finished. I said, “Well, when will you have it fin¬ 
ished?” He said he was to get through this afternoon. I said, “How could 
^ve see it then? ” and asked him where it was, and he did not answer that ques¬ 
tion and he told me it was not finished. 

Q. When was this?—A. Saturday prior to the election. 

Q. That was the only demand you made for it?—A. Yes, sir. 





1498 


CAMPBELL VS. DOUGHTON. 


Cross-examination: 

Q. INIr. P>ro\vn, what capacity was it yon said yon were to sei‘ve that morning 
and were not allowed to?—A. I was appointed hy the Republicans. 

Q. Wtiat position did INlr. Rowland have; he was the one that appointed 
yon?—A. He appointed me as his clerk. 

Q. He appointed yon as his clerk?—A. He said he needed one and said Mr. 
Talbert had one. 

Q. M’hen was it yon said yon had asked to see the hooks?—A. It was the 
day after the hooks closed; I think it was Saturday prior to the election. 

Q. Had there been nny copy furnished yon, or did yon have access to any 
copy; do yon know whether he had furnished it to anyone else?—A. I do not. 

Q. I believe that Satni’day was the only time yon tried to see it?—A. We all 
went in to examine the hooks. ' 

Q. What time?—A. I don’t remember the time, hnt about between 9 and 3. 

Q. Some time after 3 o’clock in the afternoon?—A, No; between 9 and 3. 

Mr. CROWELL POPLIN testified as follows: 

Direct examination: 

Q. Yonr name is Crowell Poplin?—A. Yes, sir. 

Q. IMr. Poplin, did yon or did yon not act as reg’strar during the last elec¬ 
tion?—A. I acted as registrar part of the time, 

Q. Well, were yon registrar for the primary election last spring?—A. Yes, 
sir, 

Q, Were yon sworn for the general election for November 2, 1920?—A. Yes, 
sir, 

Q, How many registrants did yon have in all in yonr precinct?—A. I don’t 
remember exactly; somewhere around 500, 

Q. That includes old and new registrants?—A. Y’'es, sir; somewhere to the 
best of my knowledge, a little over .500. I don’t remember, 

Q. How many did you put on there yourself out of the entire number?—A. 
Well, I transcribed all of them. By brother was appointed; I had a job that I 
bad to attend to. 

Q. Yonr brother was appointed hy the board. What was his name?—A. .lim 
Poplin. 

Q. Out of the entire .500 how many do you tlnnk yon registered yourself?— 
A. Probably a hnndi’ed or a hundred and twenty-five. 

Q. Yon were present at the polling place on the four Saturdays required by 
law?—A. I was there at tbe time I was registrar. Me or him, one, was there 
all four Satnrd<‘iys; but I think I was there two Saturdays. 

Q. Yon were there the two last weeks as registrar?—A. Yes. sir. 

Q. Hoav many of the registrants did yon register on these two Saturdays that 
you were present; could yon give it approximately?—A. I suppose something 
like two-thirds of what I put on. 

Q. Yon said yon put on how many?—A. I suppose a hundred or a hundred 
and twenty-five. 

Q. Mr. Poplin, did yon make any of these so-called visits out in the coun¬ 
try?—A. I did. 

Q. About how much tune did you spend in this way?—A. I was out in all, 
I suppose—well, I was out part of one day and part of two afternoons. 

Q, Should yon say you occupied as much as a day?—A. I occupied over a 
day. 

Q. In going on these trips did yon take them from house to house or did you 
go on reque.st of some one?—A. I did not take them from house to house. I 
went to two or three places where some ])arties were together and requested 
me, and otherwise I went to some houses where I was not requested to go to. 

Q. Do you think you registered as many as 75 on these trips?—A. I will say 
as many as 50. 

Q. Did you register any Republicans?—A. I did. 

Q. How many?—A. I don’t suppose I registered over three or four. 

Q. Can you give me the names of .some of the Republicans?—A. I registered 
Ben Coley’s wife. Will Howard’s wife, and Taylor’s wife; I don’t remember the 
initials, 

Q. So out of the 50 you registered about three, or four Republicans?—A. Yes; 
I was not requested to go to them, but tliey were friends of mine, and as I 
passed by I asked them. 


CAMPBELL VS. DOUGHTON. 


1499 


Q. So you registered about 3 or 4, or possibly 5, out of the entire 50 you made 
and they did not request you to go? May I ask if the 45 Democrats re(iuested 
you to come?—A. Part did. 

Q. Who went with you?—A. Mr. Will Huckabee. 

Q. Who is he?—A. He runs a iumi)er shop and was on the ticket. 

Q. He was a friend of Mr. Dough ton?—A. Should have been. 

Q. Who else went with you on those trips?—A. .Toe Lilly. 

Q. He was a candidate for sherill' on the Democratic ticket? Who else?— 
A. Well, that was all; Jena Crump and Miss Turner were out one afternoon. 

Q. Were they Democrats or Kepublicans?—A. Well, I did not see them vote. 

(h What are their reputed politics?—A. Democrats. 

Q. Friends of Mr. Doughton?—A. I would suppose so. 

Q. About how did the vote count up as regards the congressional race be¬ 
tween Mr. Doughton and Dr. Ciunpbell; about how many votes were cast for 
each?—A. The night we counted out, to the best of my recollection there was 
28 or 30 or 31 Ilepublican. 

Q. About 30 liepublican majority? Everything was quiet and orderly?—A. 
Yes, sir. 

Q. Mr. Poplin, when you took your oath as registrar, you understood that 
you were to register all applicants unprejudiced and alike?—A. I did. 

Q. Do you think under your oath you did this?—A. I did. 

Q. How do you account for the fact, Mr. Poplin, that out of the 50 you only 
reg.stered 3 or 4 llepublicans and the rest were Democrats?—A. They had all 
come. 

Q. All had registered at the time you went out?—A. I think they did. There 
were a few more that came in. 

Q. Did you go out and round up any Republicans to get them to register?—A. 
I did not. 

Q. Did you go out and look up any Democrats to register them?—A. I an¬ 
swered your question on that awhile ago. 

Q. You, of course, being a Democrat, was interested in Mr. Doughton being 
seated, were you?—A. I was. 

Q. And you worked in his interest?—A. I did not work against him. 

Q. Answer my question, please.—A. I did. 

Q. Did you feel that the days outside of the four Saturdays that you were 
required to be at your polling place for the purpose of registering belong to you 
personally to register who yon saw fit?—A. I considered it to be both. 

Q. Do you know Mr. Jonah Hinson?—A. I do. 

Q. Were you requested to go and register them ?—A. I did not. 

Q. Why not?—A. They came over to the polling place on Saturday of the 
third day that I was to be at the polling place and told me the condition his 
wife was in. I told him if he would bring his car over I would go, and he 
told me that there was a land sale at Albemarle and he wanted to come to that, 
and how about the next Saturday. He came the next Saturday about a half 
hour by sun and asked me if I was ready, and I told him I could not go. I 
said sundown was judgment day with the books, and I was supposed to be 
there. 

Q. Did you request transportation from your Democratic friends?—A. I did. 

Q. Did you go to any of your Democratic friends during tins week after he 
had requested you to go to his home?—A. I don’t know, but I think I did. 

Q. Could you tell us some of those that you went to?—A. I don’t remember 
where I went that week or the week before. 

Q. Did you or did you not say you requested transportation for each one 
whom vou registered?—A. ISo; I did not say that. I did not propose to go out 

and throw away my time. .u • o v 

Q. Did you go out to register any Republicans without transportation ?—A. 

I did. . . r, 4 XT-, 

Q. And vou did go to some I>einocrats without t)’ans])ortation. A. \\ here 
there were^ several together and it was not very inconvenient I went. 

O I ask you, Mr Poplin, if in itself you do not think it is right much of a 
presumption that vou were partially inclined, taking your own estimate of 
the number vou registered out on these trips as being about.o Republicans out 
of 5b Democrats? How do you account for nonpartiality on the figures you 
state?—A. About all the Republicans had already registered. 

Q. I understood you to say that your precinct went Republican by about 30 
majority?—A. It did. 


1500 


CAMPBELL VS. DOUGHTON. 


Q. You waited until you were a little worried about your friends getting on 
the book and went out, did you?—A, When they requested me I went out and 
got them. 

Q. When did you deposit your registration books?—A. I deposited my reg¬ 
istration books the 4th of November, the dav we made our returns. 

Q. Where?—A. Clerk’s office. 

Q. You did not understand that they were to be deposited in the register of 
deeds office?—A. I understood you had that up. 

Cross-examination; 

Q. Mr. Poplin, did you in any manner whatsoever do' anything to hinder or 
delay anj^ person from registering?—A. I did not. 

Q. You stated you turned the books over to the clerk. That has been the 
custom heretofore?^—A. Yes, sir. 

Q. xVnd you thought it was your legal duty to do that?—A. Yes, sir; I have 
always turned it over there and have been registrar for eight years. 

Mr. JOHN TURNER testified as follows: 

Direct examination: 

Q. Where do you live?—A. I live in Tyson Township. 

Q. Are you a voter?—A. Yes, sir. 

Q. Did you vote in the last election?—A. Yes, sir. 

Q. Do you know Sam Morton?—A. Y^es. 

Q. Did he vote there?—A. Yes. sir. 

Q. Is he a citizen of that township?—-A. His wife had been living here some¬ 
thing like 12 months. 

Q. How did he vote?—A. Democrat ticket. 

Q. Did he vote for Congressman Doughton?—A. I guess he did. 

Cross-examination: 

Q. Mr. Turner, I ask you if INIr. INIorton was not challenged?—A. He was. 

Q. I ask you if it was not a fact that the vote of Mr. iMorton was offset by 
the vote of some one else who was in similar circumstances as to residence?— 
A. I don’t know of anyone. 

Q. I mean had not been in the township long enough?—A. That might be so. 

Q. You did not say, then, that the vote of Mr. IMorton was offset by some one 
else who was not legally qualified to vote?—A. I could not say. 

Q. That might have been true?—A. I can’t say as to that. 

Q. Did you see him vote?—A. Yes. sir. 

Q. Did you see him deposit the tickets?—A. I don't think he deposited; he 
just handed them to the judge and let them deposit them. 

Q. Do you know of your own knowledge that he deposited any ticket in the 
congressional box?—A. I don’t know positively, but he voted a straight Demo¬ 
cratic ticket. 

Q. But you would not swear that Mr. IMorton voted for either Doughton or 
Campbell?—A. I do not know. 

Redirect examination : 

Q. Did you hear Mr. Sam IMorton make any statement?—A. I heard a man 
Hill make a statement. 

Q. Who was it about?—A. Asked if anybody had any objection to a nice 
Democrat nuiking a straight Democratic ticket. 

Q. Do you know Luther McSwain?—A. No, sir. 

Q. The pi-onmlgatioii that some one made about a nice Democrat voting a 
ticket was made by Mr. Hill?-—A. Yes, sir. 

Mr. JOSPHA HUDSON testified as follows: 

Direct examination: 

Q. Your name is .Toshia Hudson?—A. Yes, sir. 

Q. Where do you live?—A. Tyson Township. 

Q, State if you were a poll holder in your township.—A. Yes, sir. 

Q. Do you know McSwain’s wife?—A. She voted a Democratic ticket 

Q. Did she vote for Dougliton?—A. She did. 

(h Do you know if she muis a legal voter?—A. She had been there about 
three months—came from Anson County. 

Q. Do you know Sam Morton?—A. Yes. 


CAMPBELL YS. DOUGHTON. 


1501 


Q. How did he vote?—^A. Democratic ticket. 

Q. Where was his wife living at that time?—A. Told me Albemarle. 

Q. State whether or not she was living in Tyson Township.—A. No, sir. 

Cross-examination: 

Q. Mr.s. IMcSwain has been living in Stanly all her life?—A. No, sir; they 
moved over to Anson. He run a farm over there. Bob Hudson is her daddy. 

Q. \^ hen did she come back to Stanly ?—A. Some time along in September, if 
I am not mistaken. 

Q.^ It would not have been along in July or August, could it, Mr. Hudson?—• 
A. No; they were not married until after the l)ig meeting at Silver Springs, and 
that is always the third Sunday in August. 

Q. And she married after the meeting?—A. Yes, «ir. 

Q. What you know about IMr. Morton living in Albemarle is what somebody 
told you?—A. Yes; they said down there that day that his wife was living in 
Albemarle; that is all I know about it. 

Q. Don’t you knov/ of some Republican that was disqualihed and allowed to 
vote in order to offset this?—^A. There was a little question about one, but I do 
not see but that he should be allowed to vote. There was something said about 
it, but I never did give up but what the other man should vote there. 

Q. It was agreed, then, that if Morton was allowed he would be allowed to 
vote?—A. I could not say. 

Q. You know both were allowed to vote?—A. Y’'es; both of them voted. 

Q. It did offset Mr. IMorton’s vote?—A. It did offset it, but nothing was said 
about it. 

Redirect examination by Mr. I. R. Burleson : 

Q. There was a Democratic registrar and Democratic poll holders, and they 
could do as they pleased?—A. Yes. 

Recross-examination by IMr. H. O. Turner : 

Q. Mr. Hudson, you did not object to Mr. Morton voting, did you?—A. No, sir. 

Redirect examination by Mr. Burleson ; 

Q. Mr. Hudson, there was no need to object, was there?—A. No, sir. 

Recross-examination by Mr. Turner : 

Q. Mr. Hudson, why did you not raise any objections then?—A. I never 
thought about any objections. Old man Isaac Copper is an old man and been 
living in Tyson for I don’t know how long, and they raised a little objection 
about it, and I said ]Mr. Copper was an old man and was back here and has been 
living in Albemarle for some time, and I says I think he had ought to vote, and 
I am not willing to do anything else but for him to vote, and IMr. Poplin says I 
think Mr. Morton had ought to vote, too, and says it will be all right to me if he 
is a legal voter in this township. 

Mr. WILL LILLY testified as follows: 

Direct examination : 

Q. Your name is Will Lilly?—A. Yes, sir. 

Q. You are a voter in Center Township, are you not?—A. Yes. 

Q. State whether or not you requested or demanded a copy of the registration 
books from your registrar before the election?—A. Yes ; on the last Saturday the 
books were open Mr. Joe Lee and me went up there, and I told Mr. Dunlap we 
wanted a copy of the books, and he asked us if we wanted him to copy it for us, 
and he said he would copy it for us, and I told him we wanted it right away 
and asked him when he could do it. I asked him when he could do it, and he 
said he would begin on it the next day, and that would be Sunday. I allowed 
we had the nooks until about Wednesday or Thursday night. I went away to 
Whitmire, S. C., and told him to turn the book over to Joe or my uncle and 
came back on Wednesday night and found we did not have them and wired 
Manning, attorney generjil, at Raleigh, and wanted to know if we were entitled 
to them -before we made an effort to get them, and he wired me that they were 
public property and open to read in the presence of the registrar, and I took the 
telegram and went to Mr. Dunlap’s house on Thursday and Friday morning; I 
will not say which. That was on Thursday or Friday before the election on 
Tuesday. And I got to Mr. Dunlap’s house that morning; he had left and gone 
over to his plantation in Anson County, and I came back uptown and ran on 


1502 


CAMPBELL VS. DOUGHTON. 


Dr. Campbell and was telling: him about it and took him in my car and run over 
there and found Dunlap on h's i)lantati()n. I mentioned it to Mr. Dunlap nice 
and told him we wanted a copy of the hooks, and he said he did not have time, 
and I oifered to pay him any 3 )rice, offered to go and get somebody to work in 
his place if he would let us liave them, hut he said he did not have time. Dr. 
Campbell, too, did the same thing, and he refused to let us have them and siiid 
he did not have time. I asked him how about that night, and he said he had to 
sleep that niglit, and that was all we could get out of him—that he did not have 
time. Finally the only satisfaction we got out of him was he would he there on 
Saturday. 

Q. When was this—Saturday, the challenge day?—A. Yes, sir. He said he 
would be there on challenge day and said we would have plenty of time. 

Q. Fact of the matter was you did not get your copy and have time to go over 
and tind out who you wanted to challenge?—A. That is right. We got through 
Saturday, I will say, about 4 o’clock. 

Q. After you got through did he take his hooks on home?—A. He was not 
present when they go through. 

Cross-examination: 

Q. How old are you?—A. Thjrty-one. 

Q. How long nave you lived in Center Township?—A. Since I was about o or 
10 years old. 

Q. Your post oftice is Norwood?—A. Yes, sir. 

Q. I believe you stated you or your friends finally got possession of the list 
on Saturday afternoon of challenge day. That was on Saturday before the 
election on the following Tuesday?—A. Yes, sir. 

Q. Did you have in your possession, or any of your friends have in their 
possession, a list of the poll-tax list in the county?—A. I could not say whether 
we d.d or not. I did not take a very active part in it. I was township chair¬ 
man, how come I was looking after the registration hook. 1 take an active part 
sometimes, hut felt under obligation to get this list. Mr. Lee here, my uncle, 
and Dr. Campbell among them ; I believe we had a copy, but I would not say. 

Q. You think you had in the organization a poll-tax list?—A. Yes. But I 
did not say we did or did not. 

Q. You are well acquainted with the people of the township?—A. Yes. 

Q. Well acquainted with practically all the voters of the townshij)?—A. I 
know a lot of people there, and know the majority, but don’t know them all. 

Q. You had a right to challenge on election day, didn’t you?—A. I think so. 

Q. Then, if you procured your poll-tax list on Saturday, hoAV many did you 
challenge on the following election day?—^A. I wish you to know I had nothing 
to do with the challenging business. 

Q. So you were not consulted after the list was obtained?—A. I seen the 
list, of course, but don’t know who was challenged. 

Q. Did you examine it for the purpose of challenging anyone?—A. I don’t* 
think I did. 

Q. You were the chairman of the Republican organization of the township?— 
A. Yes. 

Redirect examination by IMr. Campiiell: 

Q. Did I understand you to say that you challenged no one?—A. I did not 
myself; other fellows looked after that end of it. 

Q. Your idea in getting copy of the registration books was to see who you 
wanted to challenge?—A. Yes, sir; that is why we got it. I depend on Joe 
Itere and Doc and my uncle to look after that end of it. I don’t know mucli 
about the election laws. 

Q. You did not get the book in time to go over SOO names; did not get the 
book until Saturday before the election and did not have time to get it straight¬ 
ened out?—A. They said they didn’t. 1 did not do it myself; they said they 
coidd not. 

Q. Do you know IMr. and IMrs. Dunlaji Hathcock?—A. Yes. 

Q. How long have they been away from Norwood?—A. I couldn’t say ; a good 
bit. Dunlap has not been there for several years. 

Q. Do you know where he has been?—A.*I don’t; seems I heard he was in 
New York for awhile. 

Q. How about IMrs. Hathcock?—A. She left there when they married. 

Q. About how long has it been since they were married, and about how Ion" 
has it been since they both left there?—A. I could not say. It seems like it has 


CAMPBELL VS. DOUGHTON. 


1503 


been six or eight months; I just don’t know. I know when they married, but 
as far as the time I don’t know. 

Q. I>o you know Charlie Swariugen?—A. Yes. 

lias he lived in Norwood, to your knowledge, since the war?—A. He has 
not lived there, but he came home once from Ohio and stayed a couple of 
weeks. 

Q. When was this?—A. The past summer. 

Q. Where did he go then?—A. Went hack to Ohio, and come back again and 
stiiyed another period. 

What did you understand his occupation was?—A. Working in the rubber 
shop making automobile casings. 

Q. L>o you know how long it had been when the election came on since he 
had been there?^—-A. I don’t know for sure; some time along about September. 

(). But you understood he was permanently engaged in Ohio?—A. Well, lie 
was engaged in Ohio when he came home on the llrst trip. He went back to 
Ohio and then he come back; they shut him off up there on account of so many 
hands, and he came back home then, along in September or a little later. 

Q. Then did he stay home up until the election?—A. No, sir; he left and 
went to Charlotte. 

Q. Is he there now?—A. Yes, sir. He first went to Kannapolis and worked 
in the cotton mill and then went on to Charlotte, and is down there in school 
now, or was the last time I talked with him. That has not been more than a 
month ago. 

Q. Where was he working at the time of the election?—A. In school at Char¬ 
lotte, if I am not mistaken. Either down there or Kannapolis; he did not say. 
(b Ho you know iNI. V. Lowder?—A. Y^es, sir. 

(}. Ho you know his politics?—A. Nothing, only by what his people are. 

Q. What is he reputed to be?—A, Democrat. 

Q. What is Dunlap Hathcock reputed to be?—A. Democrat. 

Q. What is Swariugen reputed to be?—A. Democrat. 

(>. What kind of a job did Mr. Lowder hold?—A. He is in the poultry de¬ 
partment over at Raleigh and the experimenting station. 

Q. How long has he been engaged in this work in Raleigh?—A. He has been 
there several years. He came home and stayed last year and then went back— 
or year before last. 

Q. So he had not been in the county to your knowledge to live six months 
prior to the election?—A. No, sir. 

Q. Mr. Lilly, did you see the picture of President Harding surrounded by a 
group of Negroes in your precinct?—A. Y^es, sir; I did. 

Q. In what form was this circular or newspaper?—A. In the Badin Tribune. 
Q. Has that paper a pretty good circulation in your community?—A. I did 
not think .^^o until his picture came out and a lot of people had it then. Some¬ 
body sent it to me regularly. I don’t know who and did not know anybody in 
our precinct was taking it. 

Q. When you first saw that picture, wluit was your idea of it? 

(Contestee objects.) 

Q. AVhat do you think it was meant for?—A. It made me mighty sick, I 
think it was put in there to knock the Republican I’arty, of course. 

(b l"ou were sure it was not put in there to help the Republican Party?—A. 
Sure I was. 

Q. Nor to help Dr. Campbell?—A. Not much. 

Q. Did you see this circular letter purporting to be Harding’s family tree; 
they called it his ancestry?—A.xl never saw ib 

(). Did vou hear anything about it? —A. Yes, sir. 

H Did you hear that it was distributed in that neighborhood or any of the 

facts it had?_A. I heard (piite a bit of talk about it, but would not say much 

about facts; of course, we liad Negro thrown at us in our precinct. 

Q. Did you see a circular letter—it was headed, I think, to the Negro women 

of North Carolina?—A. Y"es, sir; I saw that. -r , . , 

(h What newspaper was that?—A. I disremember; I think it was in the 

Stanly News-Herald; I saw that. , . . . o a x- c- 

Q. Has that paper a pretty big circulation m your community ?—A. Yes, sir. 

Q. What is your opinion of that circular or the effect it did have? 

(Contestee objects.) . ^ 

O Was it for or against Dr. Campbell?—A. It was against him, of course. 

Q.' Do you think it was to stir up strife or to move more smooth?—A. Calcu¬ 
lated to cause deep feeling. 

57695—21-96 



1504 


CAMPBELL VS. DOUGHTON. 


llecross-examination; 

Q. Mr. and Mrs. Dunlap Hathcock are employed, or were employed at the 
time of the election, by the Government at Washington?—A. I don’t know 
where they were at; I just know they were not at home. It seems I heard 
somebody say they were in New York. 

Q. llad you ever heard that they were in the Government service in Wash¬ 
ington City?—A. I had heard Dunlap was in the Government service when the 
war came on. I did not know anything about it after that. 

Q. Mr. Lilly, Charles Swaringen, according to the best of your recollection, 
was in school in the city of Charlotte on election day?—A. According to the 
best of my recollection he was in Charlotte in school or Kannapolis in the 
cotton mill. The best impression is he was in Charlotte in school. 

Q. Is he married?—A. No. 

Q. Where does his mother reside?—^A. Norwood. 

Q. Is his father living?—A, Yes. 

Q, He resides there also?—A. Yes. 

Q. This Mr. W. V. Lowder, he is connected with the State agriculture de¬ 
partment at Raleigh?—A, In the poultry department. 

Q. He is an instructor in the poultry department?—A. He has a job in 
Raleigh; I don’t know just what he does. 

Q. Is he married?—A. No, sir, 

Q. Is his mother living?—A. Yes. 

Q. Where does she live?—A. In the township. 

Q. Is his father living?—A. His father is dead. 

Q. When was the last time you saw him at home, at Norwood?—A. I dis- 
remember now; it has not been very long. 

Q. Could you approximate the time?—A. No; I could not. It has not been 
over six or eight weeks. 

Q. Where did he spend his vacations when school was not in session?—^A. He 
is not in school, I don’t think; don’t think he gets a vacation where he is. 

Q. And when the college takes a vacation during the summer, is it your im¬ 
pression that he remains at the college all the while?—A. I think so. 

Q. Brother Campbell asked you a while ago who had a copy of the registra¬ 
tion book; my recollection is you stated Mr. J. D. Lee, Fred Lilly, and Dr. 
James I. Campbell; am I correct in that?—A. I think one of them had it. 

Q. How long has Mr. J. D. Lee lived in Center Township?—^A. He has been 
about there off and on ever since I have been there. Well, he has been there 
at least some 20 to 25 years. I can’t remember. I don’t believe he has; I 
believe he was in Winston-Salem when we came to Stanly County, and would 
say he had been there 10 or 15 years. 

Q. How long has Dr. Campbell resided in Center Township?—A. He has been 
there off and on 15 or 20 years. 

Q. He is a general practitioner of medicine?—A. Yes, sir. 

Q. And has a large practice in that community?—A. Yes. 

Q. His practice necessarily makes him well acquainted?—A. I would say so. 

Q. How long has Fred Lilly lived in Center Township?—A. I guess he has 
lived there 30 or 40 years. 

Q. Would you say that he is well acquainted with the voters in the town¬ 
ship?—A. The majority, of course; but people are moving in and out all along. 
We have a cotton mill down there that is in the precinct. 

Q. But you think he should be fairly well acquainted with the voters?— 
A. With a majority. 

Q. He is in the mercantile business?—A. No, sir; he has been in the furni¬ 
ture business. 

Q. For how many years?—A. I would say 30 years. 

Q. In the town of Norwood?—A. Yes, sir. 

•Q. You say you saw the picture in the Badin Tribune of the Hon. Warren G. 
Harding and that picture upset you?—A. I did not like it much; no, sir. 

Q. Kinder made you mad?—A. Yes. 

Q. Did you hear of any other Republicans being made mad?—A. I did. 

Q. How many?—A. I would say a half a dozen. 

Q. It made you want to elect your ticket then in spite of the ticket?—A. I 
was wanting to do that all the while.* 

Q. Of course, but that picture stirred you to greater action, didn’t it?—A. I 
don’t know as it did; I felt like it was a mighty dirty trick. 

Q. Exactly, and made you more determined to elect your ticket?—A. I don’t 
know as it did; I wanted to fight about that. 


CAMPBELL VS. DOUGHTON. 


1505 


Q. And others felt the same way about it that you spoke to?—A, I don’t 
know about that as I could not tind anybody seemed to be quite so mad but 
one fellow. 

Q- So you don’t know of any votes the picture changed, do you?—A. Well, 
not directly; but I tell you a thing like that has a mighty bad bearing with 
women who have never voted before. 

Q. Can you recall an instance where it changed a vote?—A. I would not say 
I could. 

Q, In other words, the effect that you think it was intended to have was not 
realized, was it?—^A. I think so. 

Q. You think it had the desired effect?—A. Yes. • 

Q. And you think the effect was to lessen the Republican vote and increase 
the Democratic vote?—A. Yes. 

Q. Now, give me the name of one that it changed?—A. Well, I could not say 
for sure, but I know one man that I felt the afternoon of the election that had 
had a big bearing on him. 

Q, Who was that?—A. Mr. Bill Nichols. 

Q. You did not hear Mr. Nichols testify the other day, did you?—A. No. 

Q. Then, if he has testified about this identical matter as to whether his 
vote was changed or not by this circular you would be governed by what he 
swore about it wouldn’t you?—A. I believe I would. ^ 

Redirect examination by Mr. Campbell : 

Q. Mr. Lilly did you talk with Mr. Nichols?—A. I went down to see Mr. 
Nichols about 15 minutes before the polls closed and he was out plowing, and 
he had been right with us all the time and was going to vote with us, and I 
went down to see him about 15 minutes before the polls closed and he said he 
did not know as he would vote; said he had just heard negro and his children 
had thrown it up to him; he had always been a Democrat until a few years ago, 
and said he had not had any dinner that day as he had some trouble with his 
folks. I heard him say one night on the street that if he was voting a negro 
ticket—well something had a big effect on him right at the time we needed him. 

Recross-examination: 

Q, I understood you to say a moment ago, Mr. Lilly, that you would believe 
what Mr. Nichols swore on the stand as to his reason for not voting.—A. Yes, 
sir; I would believe what he said. 

Direct examination by Mr. I. R. Burleson : 

Q. Your name is John A. Rowland?—A. Yes. 

Q. Where do you live?—A. In Ridenhour Township. 

Q. What was your official capacity at the last election?—A. I was judge at 
the election, 

Q. Republican judge?—A. Yes. 

Q. Mr. Rowland, state if you knew Arthur Penninger?—A. I do. 

Q. And his wife?—A. I did. 

Q. Did they vote in Ridenhour Township?—A. Yes. 

Q. What ticket did they vote?—A. Democratic. 

Q. Did they vote for Hon. R. L. Doughton for Congress?—A. They did. 

Q. You will state where they lived, in what country. Then or now at this 
time?—A. They were living in Cabarrus County. 

Q. How long had they lived there prior to the election?—A. I could not give 
' the exact date, but had not moved up there long enough to vote. They went up 
there in August or September. 

Q. State if they moved their household good to Cabarrus and voted in your 
township?—A, They did. 

Q. Is there any other irregularity in your township you desire to tell about?— 
A. No, sir. 

Cross-examination: * 

Q. What was his initials?—A. I am not positive as to his initials but know his 
name is.Arthur Penninger and his wife’s name is Sarah. 

Q. And his middle name?—A. I do not know the middle name. 

Q, Had they ever lived in Ridenhour Township?—A. His wife had always 
lived in Ridenhour Township, born and raised there, but he a young man of 
Cabarras came down and lived in my immediate neighborhood and married 
this lady and lived in Ridehour Township, I could not say exactly the length of 


1506 


CAMPBELL VS. DOUGHTON. 


time they were there, but they put out a crop in the spring and completed the 
crop in the summer before they left. 

Q. Do you recall the date on which they left this county?—A. No, sir. 

Q. Could you approximate the date?—A. I stated that it was in August or 
probably the 1st of September. I am most sure it was August, but it might 
have been the 1st of September, 1920. 

Q. Had they been out of the precinct for four months before the election?— 
A. No, sir; they had not. 

Q. Were they challenged on that date?—A. Yes; and the registrar talked • 
about this thing and, of course, they had a majority and overruled me before 
we opened the polls. They were not challenged only except what me and the 
registrar spoke about; it might have been just before the polls were open. 

Redirect examination by Mr. Bueleson : 

Q. At which time did you state they were not citizens of this county?—A. It 
was on the morning of the election, to the best of my recollection. 

Q. Did you tell tbem they were not citizens of this county?—A. I told them 
they did not live in this county. 

Mr. WILL TOM CROWELL testified as follows; 

t 

Direct examination : 

Q. Mr. Crowell, where do you live?—A. Here in the country outside. 

Q. Were you there election day?—A. I was. 

Q. What township?—A. Harris. 

Q. Voting precinct New London?—A. Yes. 

Q. Did you see Ed Ridenhour and his tickets?—A. Yes, sir. 

Q. What kind of tickets were they?—A. Republican. 

Q. Did he present himself for voting?^—^A. Went in the door. 

Q. Did he vote?—A. He said he did not and came back and showed me his 
ticket. 

(Contestee objects to hearsay.) 

Q. Did he have a Campbell ticket?—A. Yes, sir. 

Q. Where does Ed Ridenhour live?—A. He was in the old soldiers’ home at 
that time. He came back to New London about a week or 10 days before the ■ 
election. 

Q. Is he married?—A. Yes. 

Q. AVhere does she live?—A. In New London. 

Q. And has lived there how long?—A. I can’t recall for several years. 

Cross-examination : 

Q. Was he living with his wife at this time?—A. He was not. i 

Q. They were not living together?—A. No; I suppose not. He was not able 
to take care of her. 

Mr. WATT ROSS testified as follows: -j 

Direct examination: | 

Q. IMr. Ross, what is your township?—A. Harris. I 

Q. Were you there on election day?—A. I was. , | 

Q. See old man Ridenhour?—A. I did. p 

Q. Did you see his tickets?—A. I did. ' 

Q. Did he have a Campbell ticket?—A. He did. ; 

Q. Did you see him present himself for the purpose of voting?—A. He went - 

to the polling place. . 

Q. Did you see him afterwards?—A. Yes; he came back out. 

Q. Did he have his tickets with him then?—A. Yes; he had them. 

Q. Had he voted?—A. No; he said he had not. * \ 

(Contestee objects.) 

Q. Did he say why?—A. He said they would not let him. 

(Contestee objects.) 

Q. Where does his wife live?—A. New’ London. 

Q. How’ long has he lived there?—A. He w’ent in there three or four times 
to vote, and they w’ould not let him; turn him dow’ii every time. 

Q. Do you know^ on w’hat grounds?—A. Said it w’as not his home. 

(Contestee objects.) 

Q. Do you know R. D. Ritchie?—A. I do. 

Q. Do you know if he voted at New London that day?—A. Yes. : 





CAMPBELL VS. DOUGHTON. 


1507 


Q How (lid he vote?—A. Democrat, I suppose; all the rest of them are. 

(Contestee objects.) 

Q. Have you examined Harris Township poll book for his name?—A. I have. 

Q. Does It occur there as having voted?—A. It has. 

(Contestee objects.) 

Q. Have you examined the poll hook for any other precinct—A I have 

Q. What township?—A. South Albemarle. 

(Contestee objects.) 

(}. Does his name appear as having v(jted there?—A. Yes. My understanding 
is he lives over near the college. 

(Contestee objects.) 

Q. In what township?—A. I do not know what township; here in Albemarle 
I suppose; in South Albemarle Township. 

Cross-examination: 

Q. ISIr. Ross, was Kidenhour living with his wife at this time?—A. No. 

Q. How long had he been away at Raleigh?—A. Something like three months. 

Q. Had he been there prior to the last time he went?—A. He came in there 
about 10 days or 2 weeks before the election. 

Q. But prior to the time he came back, it was 10 days or 2 weeks he had been 
living in Raleigh?—A. Been in tlie old soldiers’ home. 

Q. Had been there for how long?—A. Something like three months. 

R. J. ROSS testified as follows: 

Direct examination: 

Q. Mr. Ross, where do you live?—A. New London, Harris Township. 

Q. Were you one of the poll holders for the November election, 1920?—A, 
I was. 

Q. State whether or not Mr. Ed Ridenhour voted in your precinct?—^A. No, sir. 

Q. Did he present himself for the purpose of voting?—A. He did. 

Q. Did he not vote?—A. He was challenged. • 

Q. On what ground?—A. It was not his home. I contended that it was his 
home. 

Q. Where does his wife live?—A. New London; he has been there ever since 
he was married. 

Q. .Never been divorced?—A. No, sir. 

Q. Where was he himself staying just prior to that time?—A. They sent him 
over to Raleigh to the old soldiers’ home about the-lst of July. He came back 
about the 1st of August and came up about Richfield and then came on down to 
Albemarle and was here 30 days before the election. 

Q. Do you remember R. D. Ritchie voting up there?—A. Yes; he did. 

Q. Do you know for whom he voted?—A. Democratic ticket. I think I handed 
the ticket that he voted to Napier and gave him three and put in two myself. 

Q. Do you know where he lives?—A. They tell me he lives here in Albemarle. 
He said so that day that he lives in Albemarle. 

Q. Do you know Howell Ritchie? Did he vote there that day?—A. He did. 

Q. What ticket did he vote?—A. Democratic ticket. 

Q. Did he vote for Mr. Dough ton?—A. I guess he did; he voted in all the 
boxes. I did not look on every ticket to see what was on it. 

Q. Do you know where he lived at that time?—A. There was some question 
about it, and he said his home was over there to his father’s; that he had been 
working the last year or 18 months in South Carolina. I challenged him. 

Q. He admitted that he had been working in South Carolina for about a year 
or 18 months ?—A. Y^es. 

Q. Is he married?—A. No; single. 

Q. Where was he working?—A. Some sawmill, I think. 

Cross-examination: 

Q. This man Howell Ritchie, he had been away from home on a temporary 
job?—A. He said he had been off at a saw mill. His father lives in Harris 
Township and he said his home was at his father’s home. That is what he 
said. 

Q. How old a man was he?—A. He looked to be 27 or 28 years old. I have 
known the boy since he was a lad but can’t recall. 

Q. He was raised over there?—A. He was and until he was grown, and has 
not been there since. 


1508 


CAMPBELL VS. DOUGHTON. 


Q. And you say Ed Ridenhour was challenged and not allowed to vote because 
he did not live in the county?—A. They claimed it was not his home. 

Q And you contended he had a right to vote because he had been in 
Raleigh?—A. I said he had a right because of his wife. 

Q. Then, if in the evidence the committee of Congressmen should find that 
Charlie Swaringeii was olf at school on election day, out of ^ 

your opinion he would have a right to vote?—A. I think so; I think the elec¬ 
tion should provide for a school boy. 

(Badin resumed.) 


Mr. B. H. WALLACE testified as follows: 

Direct examination: 

Q. Your name is B. H. Wallace?—A. Yes. 

Q. Where do you live?—A. Badin. . , , , 

Q. What position did you hold on November 2, 1920, relative to the election 
in your precinct?—A. Republican judge of the election. 

Q. Mr. Wallace, do you know T. C. Bumgardner ?—A. Yes. 

Q. Did he vote?—A. Yes. 

Q. Was he living in Badin at that time?—A. Not at that time. 

Q. Was his wife?—A. He is a single man. ^ 

Q. Do you know how T. C. Bumgardner voted?—A. He voted a straight 
Democratic ticket. 

Q. Do you know Mr. and Mrs. A. B. Capel?—A. Yes. 

Q. Do you know how they voted?—A. Democratic—straight absentee. 

Q. Were they living in Badin at that time?—A. No. 

Q. Do you know where they were living?—A. Georgia. 

Q. Do you know A, Maynard?—A. No; I do not. 

Q. Was he registered?—A. I could not say. 

Q. Did he vote an absentee?—A. I do not know. 

Q. Do you know W\ H. Layden?—A. Yes. 

Q. Did he vote at that time?—A. Yes. 

Q. How did he vote?—A. Straight Democratic. 

Q. Was he a citizen of Badin?—A. No. 

Q. A single man?—A. Yes. 

Q. Do you know Baxter Lilly?—A. No. 

Q. Did he vote?—A. Straight Democratic, absentee. • 

Q. Do you know Mr. J. W. Frazier?—A. Yes. 

Q. How did he vote?—A. T don’t know. 

Q. Was he a citizen of that county?—A. He had moved away and was livings 
in Winston-Salem at that time. 

Q. Do you know Mr. and Mrs. Wade Russell?—A. Yes. 

Q. Did they vote in Badin?—A. Yes. 

Q. How did they vote?—A. Straight Democratic. 

Q. Were they residents of Badin, and been there for two years?—A. No ; they 
had not been there two years. 

Q. Where did they come from?—A, Virginia. 

Q. Do you know L. E. Wilson?—A. Yes. 

Q. Did he vote?—A, Yes. 

Q. How?—A. Straight Democratic. 

Q. Was he a resident of Badin?—A. His family does not live there. 

Q. Where does his family live?—A, Rockingham County. 

Q. Do you know J. IM. Arnette?—A. Yes. 

Q, Did he vote?—A. Yes. 

Q. Do you know how he voted?—A. Split ticket. 

Q. Do you know how it. was for Congress, whether he voted for Doughton 
or Campbell ?—A. I think he voted for Doughton ; I am not sure. 

Q. Was he living in the county at that time?—A. No, sir. 

Q. Was he a man of family?—A. Y’^es. 

Q. And they v-ere not living in Badin?—A. Moved somewhere out of the 
county; Mangum, I believe. 

Q. Do you know C. P. Gamewell?—A. Did he vote in the last election?—A, 
Straight Democratic. 

Q. Where was his residence?—A. I don’t know. 

Q. How long had he been at Badin?—A. I can’t say exactly. 

Q. Do you know if he had been there two years?—A. He had not. 


CAMPBELL VS. DOUGHTON. 


1509 


Q. Do you know whether or not he was from the State of Arkansas?—A, He 
told me he was raised in Arkansas and Oklahoma. 

Q. Do you know Miss Lucille Everett? Did she vote that day?—A. She 
did; straight Democratic. 

Q. Had she been six months in the county or two years in the State?—A. 
Her parents moved to Badin; they are North Carolinians, and have been living 
in the State, but she had been living in Tennessee. 

Q. Had she been back in the State two years?—A. No. 

Q. Do you know L. .T. Green?—A. No. 

Q. Do you know whether or not he voted that day?—A. He voted an absentee. 
Q. What ticket?—A. Straight Democratic. 

Q. Do you know G. C. Truesdale?—A. Yes. 

Q. Did he vote in your precinct that date?—A. He did. 

Q. Do you know how he voted?—A. I am not sure. 

Q. Do you know Mrs. B. S. Ventrose?—A. I do not know her. 

Q. How about J. H. Smith; did he vote?—A. Absentee; straight Democratic. 
Q. Was he a resident of your township?—A. He left Badin a week before the 
election. Told me he was going home in Robinson County. 

Q. Didn’t leave any family?—A. Has no family. 

Q. Did T. W. Belk vote?—A. Straight Democratic. 

Q. Do you know anything about Belk’s residence?—A. Yes; he has lived in 
Badin. 

Q. Was he a married man?—A. Yes. 

Q. Was he in the war—a soldier?—A. No. 

Q. Do you know IMrs. B. S. Liles?—A. Yes. 

Q. Did she vote?—A. Yes. 

Q. How?—A. Straight Democratic. 

Q. How long had she been living in Badin?—A. I don’t know. 

Q. How long had she been living in the State?—A. I am not in position to say. 
Q. T. B. Efird, did he vote?—A. Yes. 

Q. How did he vote?—A. Straight Democratic. 

Q. Carl R. King, did he vote?—A. I don’t find him. 

Q. Do you know Mr. and Mrs. E. M. Morgan?—A. I do. 

Q. How did they vote?—A. Straight Democratic. 

Q. Do you know J. F. Lyerly? Did Mr. Lyerly vote that date?—A. Can’t say. 

Q. Do you know Mrs. E. P. Gamewell?—A. Yes. 

Q. Did she vote?—A. Yes. 

Q. Do you know how she voted?—A. I would not swear to it. 

Q. How is she generally reputed?—A. Democrat. 

Q. Do you know Miss Cora Blalock and how did she vote?—A. Straight 
Democratic. 

Q. Mr. Wallace, turn to your registration book to the K’s and see if you find 
the name of W. H. King?—A. No. 

Q. Look on the back of your book and see whether or not you have the Badin 
registration books for November election, 1920?—A. There is no date. 

Q. Look on the inside and see for what year?—A. I don’t find any year. 

Q. State whether or not that is the book used at Badin for the November 
election, 1920?—A. I could not say—I did not handle it. 

Q. What date were they registered?—A. 1920. 

Q. And you do not find the name of H. W. King on the registration book?— 
A. No. 

Q. Did W. H. King vote?—A. Yes. 

Q I give you the poll books and see if it is the poll book for your precinct?— 
A. Yes. .'1 " 

Q. State if you find the name of W. H. King .on the poll book as having 
voted ?—A. l^es; I find the name of H. W. King. 

Q. Was H. W. King living in Badin at the time of the November election? 
Had he moved his family from Badin?—A. I don’t know. 

Q. You know his name does not appear on the registration book and it does 
appear as a voter on the poll book?—A. He did vote. 

Q. How did he vote?—A. Straight Democratic, absentee. 

O. no vou know Mrs. C. J. Hanes?—A. I do. 

Q. Did she vote?—^A. Yes. ^ 

Q. How?—A. Straight Democratic. 

Q. Do you know Mr. C. J. Hanes, her husband?—A. I do. 

Q. How did he vote?—A. Democratic. 

Q. Do you know T. P. Efird? Did he vote?—A. Yes. 


1510 


CAMPBELL VS. DOUGHTON. 


Q. How (lid he vote?—A. Straijrlit Democratic. 

(}. Do yon know W. ^r. Biles?—A. No. 

Q. Do you know whether or not Lee Maynard voted that day?—A. I do not 
remember. 

Q. Look on the absentee and see if he voted?—A. I do not find it. 

Q. Now, Mr. Wallace, do yon know anything about the Negro picture being 
posted in and around Badin?—A. Yes. 

Q. State what yon know about that?—A. I saw one i)ictnre of Harding sur¬ 
rounded by four or live Negroes in the Badin Supply Drug Co. posted on the 
window. lh)sted where a good many passed on the street. 

Q. Did you see very many of those pictures, which came out in the Badin 
Tribune, I believe it is called, circulated in the town?—A. I did not like them 
and did not want to see them. 

Q. Do you know anything about a letter which came out in the News-Herald 
pertaining to Negro rights?—A. I saw a letter sui^posed to be inaihM to some 
party in Norwood. I don’t know whether it was the Albemarle or Badin paper. 

Q. Did that get publicity around there?—A. Yes. 

Q. In your opinion, INIr. Wallace, did both the picture and this letter, which 
we spoke of, effect the voters in and around Badin?—A. I think it effected 
possibly an increase in the Republican vote. 

(Contestee objects to evidence being stricken out.) 

Q. IMr. Wallace, owing to that Negro i)icture being posted and circulated 
around and this purported Negro letter, do you think it decreased Dr. Camp¬ 
bell’s vote?—A. I don’t think it increased his vote. I think it decreased it. 

Cross-examination: 

Q. Mr. Wallace, how long have you lived in Badin?—A. About three and a 
half years. 

Q. Mr. Wallace, was there any disturbance around the polls?—A. No, sir. 

Q. Were there very many challenges?—A. Quite a few. 

Q. About how many?—A. I can’t say. I just don’t remember. 

Q. Could you approximate the number?—A. Not over 20—don’t believe, but 
am not sure. 

Q. Some the Democrats had challenged and some the Republicans had chal¬ 
lenged?—A. Yes. 

Q. Very much time consumed in the trying of the challenges?—A. No. 

Q. What position do you hold at Badin?—A. Clerk in the pay-roll department. 

Q. You say C. P. Bumgardner did not live in Badin?—A. He was away at 
that time. 

Q. Do you know where he was?—A. I understood he was in Virginia, hut 
am not sure about it. 

Q. Do you know where he is now?—A. I don’t; I understand he is at Dan¬ 
ville, Va. 

Q. Is he married?—A. I don’t know. 

Q. Do you recall about when he left Badin?—A. I do not. 

Q. Could you approximate the time?—A. I would not like to. 

Q. Would you say it had been over four months before the election?—A. No; 
I don’t think he had been away that long. 

Q. That was an absentee vote?—A. Yes. 

(). Did you handle the absentee votes?—A. Yes. I saw them all. 

Q. And you are sure that he voted for Mr. Dought(m?—A. Yes; he voted 
straight Democratic. 

Q. Your judgment is based on an entry in the poll book?—A. Yes; I asked 
for them. 

Q. Did you see the entry made there?—A. I turned to the clerk and asked 
him to make the en^ry. The Democrats used a poll book and were doing the 
same thing and sometimes the Democratic clerk would ask me how such and 
such a party voted. I found out later that we should not have done that. 

Q. But the book you refer to then is a private book of your own?—A. No; 
it is a poll book. 

Q. But that is not the record you kept your.self?—A. The clerk here allowed 
me to keep it. 

Q. They allowed you a clerk there?—A. Yes. 

Q. l^our clerk madb this entry?—A. Y'es. 

(}. Did I ask you if you recall when Capel and wife left Badin?—A. I don’t 
know the exact date. 




CAMPBELL VS. DOUGHTON. 


1511 


Q. They were not there at the time and voted absentee? You, of your own 
knowledge, do not know where they were living?—A. No; I would not swear 
where they are; I understand they moved to Georgia. 

Q. But as a matter of knowledge you do not know where they were living 
at that time?—A. No. 

Q. W. H. Layden was a druggist?—A. Yes. 

Q. Do you recall when he left Badin?—A. Not the exact date? 

Q. Approximate, please.—A. I could not do that. I know he was away some 
few da.vs, but don’t know how long. 

Q. Had he been away from Badin four mouths prior to the election?—^A. I 
don’t think so. 

Q. Three months?—A. I don’t think so. 

Q. As much as 30 days?—A. I believe he had been away 30 days, but am not 
sure as to when he left, but he was away at the time and working in Charlotte. 

Q. Was he married?—A. No. 

Q. Do you know T. B. Lilly?—A. I do not. 

Q. You do not know anything about T. B. Lilly?—A. He voted absentee and 
had been out of the county six months, I am sure. 

Q. Did you ever know him?—A. I knew him when I saw him, but that is all. 

Q. It could not have been possible for him to have been in Badin and you 
not have known of it?—A. I would have known it, for I know his brother now. 

Q. J. W. Frazier—I believe you stated a moment ago you were not sure he 
had not moved his household effects?—A. I am sure he was away engaged in 
business in Winston-Salem and think his family was living in Baden. 

Q. He is a married man?—A. Yes. 

Q. His wife and family might have been living in Badin at this time?—A. I 
can’t say; I don’t think so, but it is possible. 

Q. You would not swear that they were not living at Badin?—A. No; I 
would not. 

Q. This man Wade Russell—do you know when he first left North Carolina?— 
A. I do not. 

Q. Did you know Mr. Russell or his wife, Mrs. Russell, before they moved to 
Badin?—A. No. 

Q. Of your own knowledge you don’t know where these two parties had been 
living prior to the time they moved to Badin?—^A. No; I do not. 

Q. L. E. WTlson—do you know him?—A. Yes. 

Q. Can you recall about when he left Badin?—A. He was there when I went 
there and has never been away. 

Q. He voted?—A. Under protest. 

Q. Was he challenged—on what grounds?—A. Nonresidence, because of the 
fact that his wife and children lived in Rockingham. 

Q. You say he has lived in Badin since you have?—A. Yes; he was there 
when I came and been there ever since. 

Q. Did you vote to sustain his challenge?—A. Yes; but he was allowed to 
vote, regardless. 

Q. J. M. Arnette was a Baptist minister?—A. Yes. 

Q. He voted an absentee?—A. No; he voted in person. 

Q. Was he challenged?—A. Nothing more than when he came to vote I asked 
him if he had a right to vote there and he said he had a right to vote some¬ 
where, he thought. I do not know how he voted, but am pretty sure, from the 
appearance of it, that he voted split. 

Q. You do not know how he voted in the congressional box?—A. No; I did 
not handle his tickets. 

Q. He might have voted for the contestant, so far as you know?—A. He may 
have. 

Q. E. P. Gamewell, did Gainewell vote? Absentee?—A. No; present. 

Q. Was he challenged?—A. He was challenged challenge day. 

Q. And was not sustained?—A. No; he was allowed to vote. 

Q. Did you know IMiss Lucille Everett?—A. Yes, 

Q. You say she voted?—A. Yes. 

Q. Absentee?—A. No. 

Q. Do you know how long in your own knowledge she had been in North 
Carolina?—A. She had not been in North Carolina two years, Mr. Brown, but 
I don’t know just how long. 

Q. Do you know what State she came from?—A. Tennessee. 

(J. Did'you have her statement at the time of the election? — A. Y'es. 


1512 


CAMPBELL VS. DOUGHTON. 


Q. Do her parents live in Badin?—A. They do now. 

Q. Of yonr own knowledge you can’t say she did not live in some other part 
of North Carolina prior to the time she moved to Badin?—A. No; I don’t know.. 

Q. H. J. Smith, do you know how long Smith has been in Badin?—A. I can’t 
say he was from Robinson County. 

Q. Had no family with him?—A. No; has no family. 

Q. Did he vote?—A. Yes; absentee. 

Q. Did vou handle his ticket?—A. Yes. 

Q. Mrs. B. S. Liles, how long has Mrs. Liles lived in Badin?—A. I can’t say; 
she is a school-teacher. 

Q. E. M. IMorgan and wife live in Badin?—A. They did not. 

Q. Do you know where they lived at that time?—A. Not of my own knowl¬ 
edge. 

Q. Did they live in Badin at that time?—A. Yes. 

Q. Was IMrs. B. S. Liles challenged?—A. Yes. 

Q. Most of your challenges were heard on challenge day?—A. Y'es. 

Q. Was J. F. Lyerly living in Badin on election day?—A. I don’t know. 

Q. Do you know IVIr. Lyerly?—A. No; I do not know him. I know he is 
there, but don’t know him. 

Q. Y’^ou testified that a Mrs. Gamewell voted?—A. Y’^es. 

Q. Did she live in Badin?—A. At that time. 

Q. Did Cora Blalock vote?—A. Yes. 

Q. Did she live at Badin at that time?—A. Y^es. 

Q. W. H. King and H. W. King one and the same man?—A. I can’t say 
H. W. King is the man in question, I don’t know a W. H. King, but H. AV. King 
is the man who voted. 

Q. I understand that the poll book shows H. W. King voted?—A. He did 
vote as an absentee, I am pretty sure. 

Q. And W. H. King appears on the registration list?—A. No; I don’t find 
either on the registration list. 

Q. Mr. and Airs. C. J. Hanes living in Badin on election day?—A. Yes. 

Q. T. P. Efird living and still there?—A. Y^es. 

Q. Now, the picture Brother Burleson examined you about was a picture to 
arouse determination and enthusiasm among the Republicans, was it not?— 
A. It would have a tendency to encourage dyed-in-the-wool Republicans, but 
the Republican of doubtful leniency would have a tendency, in my opinion, 
to cause him to waver. 

Q. What effect did it have on you, Mr. Wallace?—A. W^ell, it was very un¬ 
pleasant to me. 

Q. What effect did it have on you with reference to your desire to see the 
contestant and all the Republican candidates elected?—A. Frankly, propaganda 
does not affect me at all. 

Q. Haven’t you a circular entitled a “ Negro teacher ”; I ask you if you 
ever saw a similar circular before?—A. Yes. 

Q. AVhere, please?—A. I saw it on the streets of Badin. I picked one up. 

Q. Was it circulated there?—A. I don’t think so; if it was, I did not see it. 

Q. Was there more than one at the place you saw the one you spoke of?—A. 
Yes. 

Q. How many, approximately?—A. I don’t know; several, but they were not 
used to my knowledge. 

Q. Do you know where that circular came from?—A. I do not. 

Q. I hand you another circular, entitled “ Secratary AIcAdoo shows the love' 
the Democrats have for the Negro,” and ask you if you have seen similar cir¬ 
cular or circulars before?—A. I would not swear I have or have not; I believe 
I have seen something similar to that, but am not sure about it. 

Q. Where, to the best of your impression, was it?—A. Can’t say; possibly I 
saw the circulars both at the same time. I had heard of the circular, but a^ 
to seeing it before I would not swear that I have. 

Q. Then, Air. AVallace, following your reasoning a moment ago, if a weak- 
kneed Democrat should read either the Cox circular or the AIcAdoo circular, it 
would tend to make his weakness become so great that he would probably 
vote a Republican ticket?—A. I think it would have the same effect vice versa. 

Q. And if the Cox circular and AIcAdoo circular were circulated, in your 
opinion they were circulated for the purpose of decreasing the Democratic 
vote?—A. Yes. 

Q. Air. Wallace, how many of the absentee voters at Badin were challenged?—' 
A. I don’t recall. 


CAMPBELL VS. DOUGHTON. 1513 


Q. Could you approximate the number?—A. No; I would not attempt to, 
because I don’t know. 

Q. Mr, Wallace, how many of the names that you have testified about in 
direct examination under Brother Burleson were challenged either on challenge 
day or election day?—A. Quite a few. 

Q. So you did not challenge all the names you have heard called?—A. I 
don’t think so; that is my memory. 

Q. Your statements as to when tiie various parties left Badin is given purely 
from memory?—A. Of course, I keep no record of it all. 

Q. Likewise that is true as to when they came?—A. Yes. 

Redirect examination : 

Q. You spoke of the Rev. .7. M. Arnette coming back to vote; did he admit that 
he had moved from the county?—A. I did not ask him, because he carried his 
family with him. 

Q. Is he generally reputed to be a Democrat?—A. I think he marked but one 
name off, and that was Cameron Morrison. 

Q. He voted Democratic, with the possibility of one exception, and that was 
for governor?—A. Yes. 

Recross-examination: 

Q. J. INI. Arnette is a Baptist minister of the gospel, a man of excellent char¬ 
acter, and you did not want to keep him from voting?—A. No; not if he was 
qualified; and no other man. 

(Court adjourned at 5.30.) 

Hearings resumed at Albemarle, N. C., IVIarch 1, 1921, in the matter of J. I. 
Campbell, contestant, and Hon. R, L. Doughton, contestee; .7. I. Campbell be¬ 
ing present in person and represented bj'^ counsel I. R. Burleson, W. E. Bogle, 
G. D. B. Reynolds, and Walter I^ee Campbell; contestee being represented by 
R. I.,. Smith, R. L. Brown, H. O. Turner, W. I.. Mann, and O. .7. Sikes; commis¬ 
sioner of testimony, .7. D. Lee; stenographer, Mrs. John H. Bolton. 


Mr. B. R. FULI^ER testified as follows: 

Direct examination : 

Q. ]Mr. l^uller, where do you live?—A. Badin. 

Q. How long?—A. Five years. 

Q. Where you an elector at Badin?—A. Yes. 

Q. What position do you hold in Badin?—A. Civil engineer. 

Q. Mr. Fuller, are you well acquainted with the people in and around 
Badin?—A. Not particularly. 

Q. Do you know W. H. Layden?—A. Yes. 

Q. Where was he living November 2, 1920?—A. To the best of my knowledge 
Charlotte. 

Q. Was he a citizen of Badin?—A. No. 

Q. Was a single man?—A. Yes. 

Q. And he had left Badin?—A. Yes. 

Q. Do you know J. W. Frazier and wife?—A. Yes. 

Q. Whm’e were they living November 2, 1920?—A. Winston-Salem. 

Q. How long had they been gone from Badin?—A. They left in October or 
S oy) t G t) 01* 

Q. Do you know H. J. Smith? Where was he living at the last election?—A. 
I don’t know; he left town two days before the election. 

Q. Moved away?—A. Yes, ..l- o a 

Q. He was a single man and left town; had left his position?—A. Yes. 

Q. Do you know Mrs. B. S. Idles?—A. Yes. 

Q. Was she a citizen and a legal voter at Badin? 

(Contestee objects.) 

Q State if ^^Irs. B. S. Liles had been living in North Carolina for two years 
prior to the last election?—A. Had been working in North Carolina for two 
years; was a school-teacher, and her home was in New Jersey, but she was 

married. , 

Q. Do you know T. P. Efird?—A. Ves. t-- ^ a 

Q Do you know a man by the name of Carl R. King?—A. No, sir. 

Q Do you know H. W. King?—A. No; I do not know any of the Kings. 

Q. Do you know Mr. E. M. Morgan and wife?—A. Yes. i , a 

Q. State if they had been liying in Badin two years prior to the election?—A. 

They moyed away and returned. 


1514 


CAMPBELL VS. DOUGHTON. 


Q. Do you know where they moved to?—A. Went to Atlanta, Oa. 

Q. Did they take their furniture with them?—A. No; they sold all their furni¬ 
ture exceptinjx a sewinjr machine. 

Q. Had they been hack two years?—A. They returned in April before the elec¬ 
tion. 

Q. You do not know anything? about the a^e of Miss Cora Blalock?—A. No. 

Q. Do you know S. F. Dunnaway?—A. Yes. 

Q. Is he liviiye: in Badin?—A. Yes. 

Q. How lon^ has he been living there?—A. His is the same as E. M. ISIor- 
gan—moved away and returned. 

Q. And had not been there two years?—A. No; he returned in .Tune or .July- 
had been to INIorganton. 

Q. Do you know his reputed politics?—A. He is reputed to be a Democrat. 

Q. Do you know C. .T. Hanes’s reputed politics?—A. Democrat. 

Q. Do you know G. O. Southerner’s reputed politics?—A. No. 

Q. Do vou know T. P. Elird’s politics?—A. Democrat. 

Q. T. W. Belk?—A. Democrat. 

Q. R. D. Mabry?—A. Am not sure. 

Q. .T. T. Coggins?—A. Think it is Democrat. 

Q. G. C. Tnu'sdale?—A. Supposed to he a Democrat. 

Q. B. A. Williams?—A. Not certain about him. 

Q. H. .T. Smith?—A. Is that Harry or Heck Smith? 

Q. Harry.—A. Democrat. 

Q. Do you know H. A. lally’s reputed politics?—A. Democrat, 

Q. AVhat about W. T. Biles?—A. I think he is Democrat. 

Q. H. O. Sink?—A. Democrat. 

Q. All of the voters which you have heard named, did they vote for Dough- 
ton?—A. To the best of my knowledge they did. 

Q. Neither voted for Campbell?—A. No, sir. 

Cross-examination : 

Q. ]Mr. Fuller, did yon see these parties vote—see their tickets and examine 
them?—A, Some of them I did. 

Q. Name one that you saw vote for IMr. Doughton?—A. I did not see them 
place them in the box. I was at the table and gave out some of the tickets. 

Q. So you did not see any of these parties vote for Doughton, and do not 
know whether or not, of your own knowledge, they did vote for Doughton?— 
A, No. sir; except Harry Smith did vote for Doughton. because he told me so. 

Q. That is the only one that you know of? And you don’t know the politics 
of any of these except what is generally reputed?—A. No; except some of them 
told me. 

Q. Mr. Harry Smith the only one told you he voted for Doughton?—A. Y^'es; 
he told me he voted a straight Democratic ticket. 

Q. What information-have you. Mr. Fuller, as to the fact that E. iM. Morgan 
moved away and returned; is it hearsay or of your own personal knowledge?— 
A. I know they left Badin and returned, 

Q. But you have no personal knowledge that they went to Atlanta?—A. No. 

Q. What information, or what personal knowledge, have you that IMr. Dunna¬ 
way moved to Morganton?—A. From items I have seen in the paper. 

Q. That is all—newspaper reports—you have no personal knowledge?—• 
A. No, sir. 

Q. What personal knowledge have you that Heck Smith moved away from 
Badin on Saturday prior to the election, with no intention of returning?— 
A. I saw him go. 

Q. How do you know of his intention of not returning to Badin?—A. He has 
not returned yet, 

Q. Do you know if he moved what stuff he had at that time?—A. He took a 
suitcase. 

Q. Do you know of your own knowledge that .T. W. Frazier and wife had 
moved away from Badin before November 2?—A. Yes, sir. 

Q. You know they had vacated the house?—A. Yes, sir. 

Q. Do you know .T. W. Frazier’s politics of your own knowledge?—A. No, sir. 

Q. I ask you if it is not generally reputed in Badin that he is Republican?—A. 
No, sir. 

Q. You do not know of your own knowledge what he is?—A, I have heard 
he was a Democrat. 


CAMPBELL VS. DOUGHTON. 


1515 


Redirect examination by Mr. I. R. Burleson : 

Q. Do yon know the politics of C. T. Bumgardner?—A. Reputed Democrat. 

(It is agreed that tlie contestee may enter his objection to any evidence of 
this witness at the close of the witness’s testimony.) 

Q. Do you know whether or not he was a citizen of Badin then, at the Novem¬ 
ber election?—A. Reported he left. 

Q. Do you know A. B. Capel and wife?—A. No. 

Q. Do you know a man named A. Maynard?—A, Never heard of him. 

Q. Do you know the general reputed politics of W. H. Layden?—A. Democrat. 

Q. T. B. Lilly?—A. 1 don’t know him. 

Q. Do you know Mrs. H. B, Rhea?—A. Democrat. 

Do you know L. E. Wilson’s reputed politics?—A. Democrat. 

Q. Rev. J. M. Arnette?—A. Democrat. / 

Q. C. 1*. Gamewell?—A. Think they are Democrats; am not sure. 

Q. Miss Lucille Everett?—A. Democrat. 

Q. L. J. Green?—A. Do not know his politics. 

Q. G. C. Truesdale?—A. Am not sure of his. 

Q. Mrs. R, S. Ventrose?—A. I do not know her. 

Q. All of the parties whom you have stated here their reputed politics were . 
Democratic—did they vote for R. L. Doughton for Congress so far as you 
know?—A. So far as I know, they did. 

(The contestee in apt time objects to all of the foregoing testimony of this 
witness, especially that part of it which is stated upon information or hearsay, 
and wherein he states he knows the reputed politics of the parties named 
and where he states that his information is that they voted for R. L. Doughton. 
The contestee further moves at this time to strike out all of the testimony 
offered heretofore concerning any irregularities at Badin, for the reason that 
no irregularity was made in the petition of the contestant concerning any ir¬ 
regularity of any votes whatever in the Badin precinct, and the contestee 
had no knowletlge whatever that any question would be raised concerning any 
alleged irregularities at Badin.) 

Mr. .J. P. GREEN testified as follows: 

Direct examination: 

9 

Q. Mr. Green, where do you live?—A. Badin. 

Q. Your name is J. P. Green?—A. Yes. 

Q. How long have you lived in Badin?—A. I have been working there about 
seven years; have only lived out there about two years. 

Q. I believe you were raised in this county?—A. Yes. 

Q. Mr. Green, do you know the people in Badin?—A. I know quite a few. 

Q. Do you knowMrs. C. J. Hanes?—A. I do not know her personally; 
know her when I see her. 

(The contestee objects.) 

Q. State if Mrs. Hanes was living in Badin at the time of the November elec¬ 
tion, 1920?—A. She was. 

Q. State if she had been living there two years prior to that time?—A. She 

was not. , 

Q. You can state if you know where she came from to Badin?—A. I cant 
say from where she came; can only state from the rumors around Badin that 
she came from Virginia. 

Q. State whether or not they used a car in Badin with a Virginia number on 
it?—A. They did. 

Q. How long since?—A. This was 1920, July 1. 

Q. They were permitted to use that car with a Virginia number on it during 
1920?—A. They did. 

(). Do you know C. J. Hanes, the husband?—A. Yes, sir. 

Q. He came with her from Virginia and used the car?—A. Mr. Hanes came 
to Badin three or four days before his wife. 

They lived together?—A. Yes. 

(). Do you know T. P. Efird?—A. I do. 

(}. Do you know W. T. Biles?—A. T do. ^ 

(^). Do you know whether or not Biles had lived in the State of North Caro¬ 
lina two years prior to the last election?—A. Can’t say. 

(j. What was it generally reputed in and around Badin?—A. I cant say. 

Q. Do you know S. F. Dunnaway?—A. No, sir. 


1516 


CAMPBELL VS. DOUGHTON. 


Q. All of the parties which I asked yon of, whom you know, you can state 
how it was reputed tliey voted in the November election, 1920, whether for 
R. L. Doughton or J. I. Campbell?—A. Well, all.that you have called over they 
received the Democratic tickets outside the voting place. 

Q. State whether or not they went in with Democrat tickets to vote?— 
A. Well, I could not say whether they went in; I could say they received tickets 
on the outside. 

Q. These parties were generally reputed to be Democrats?—A. Yes, sir. 

Q. Mr. Green, you can state if in the town of Badin during the campaign of 
1920, whether or not there was any Negro circulars circulated in the town with 
Mr. Harding’s picture on the same surrounded by colored folks?—A. There was. 

Q. Was that paper and circular given quite a little publicity around there?— 
A. I saw them posted in three or four ditferent places. 

' Q. How were they posted, in public places, or how?—A. Well, there was one 
posted in the Manly Bros, store in the front window. One over at the Badin 
Pharmacy. 

Q. Public places?—A. Where most of the people passed by going to work. 

Q. On the windows where people could pass and see?—A. Yes. 

Q. Did you see any other?—A. Yes; I saw two posted over in the old Main 
Pharmacy, the place where they held the election, but this was prior to the 
election. 

Q. State whether or not that is the place that the registration books were 
kept?—A. Well, they had the registration books there one or two Saturdays; I 
am not positive whether it was one or two. 

Q. Were the posters up prior to that time?—A. Yes; I say they were up in 
the building, but I am not sure it was in there on the Saturdays that they held 
the registration books open. 

Q. Now, Mr. Green, in your opinion, persons vdio were not very strongly 
affiliated with a political party or persons Avho were inclined to vote for Dr. 
Campbell for Congress for the first time, vote the Republican ticket, do you 
think that circular would not affect them in casting their ballot? 

(Contestee objects to the opinion of this evidence unless he can give some 
facts on which to base the opinion.) 

A. I believe so. 

Q. Now, Mr. Green, do you know any specific case, of any parties or any per¬ 
son who was prevented or did not vote that expected to vote for Campbell for 
Congress on account of this circular and Negro pi*opaganda?—A. I do not. 

(Contestee in apt time objects to all the foregoing evidence of this witness 
where he testified to the reputed politics of any elector named and where he 
testified in his opinion that they voted for Mr. Doughton for Congress, ex¬ 
cepting where that opinion is based on actual knowledge. Contestee also moves 
to strike out all evidence of this witness for the reason that no notice was 
served on the contestee by the contestant in his petition setting forth any 
irregularities in the vote at Badin.) 

Cross-examination by Mr. R. L. Smith : 

Q. Mr. Green, did you see any of these circulars, known as the McAdoo cir¬ 
cular, distributed in Badin?—A. No; I did not. 

Q. Did you see any of that one, what is known as the Jim Cox circular*?— 
A. No. 

Q. Did not see any of those?—A. No, sir. 

Mr. J. E. AGLE testified as follows; 

Direct examination: 

■Q. Mr. Agle, do you live here—A. Down nearly opposite the jail. 

Q. Do you know Miss Johnson, who married Mr. Gamewell?—A. Yes. 

Q. What time was she married?—A. Some time in September. 

Q. Prior to the election in November?—A. Yes. 

Q. State whether or not she was boarding at your house prior to her mar¬ 
riage.—A. She was. 

Q. State if you live in Badin Township.—A. I do not. 

Q. You live in South Albemarle?—A. Yes, sir. 

Q. So Mrs. Gamewell. if she voted in Badin, had not been there four months 
prior to the November election?—A. No; I do not think so. 


CAMPBELL VS. DOUGHTON. 


1517 


Cross-examination: 

Q. Mr. Agle, did you see any of these circulars known as the McAdoo circular 
before the election?—A. I don’t remember. 

Q. Did you see any of the Jim Cox circulars?—A. No. . , . . ,5 

Redirect examination: ' ~ -' 

Q. You live in Albemarle in a block of the square?—A. Yes. 

\ 

INIr. W. L. COTTON testified as follows: 

Direct examination: 

Q. Mr. Cotton, you live in Albemarle?—A. Yes. 

Q. Would you mind telling us where you voted on November 2, 1920?—A. 
South Albemarle. 

Q. If there should have been an absentee ticket for you in Salisbury? 
(Contestee objects.) 

Q. State, Mr. Cotton, if you sent an absentee ticket to Salisbury?—A. I 
did not. 

Cross-examination by Mr. Smith : 

Q. Did you see any of these circulars known as the McAdoo circulars before 
the election?—A. Y"es. 

Q. Where did you see them?—A. I don’t know. 

Q. Were they pretty common around?—A. Not so very. 

Q. Did you see any of that one—the Jim Cox circular?—A. Yes; I saw it. 

Mr. L. S. BARBEE testified as follows: 

Direct examination; 

Q. Your name is L. S. Barbee?—A. Yes. 

Q. Where do you live?—A. Mount Holly. 

]VIr. Barbee, it was testified here last week by one of the poll holders of North 
Albemarle, ward No. 2,, that an absentee ticket was cast in the November elec¬ 
tion, 1920. State whether or not you voted an absentee ticket in North Arbe- 
marle, ward 2, or any other‘Way?—A. I did not. 

Q. Where did you vote, if at all?—A. Mount Holly. 

Q. What county is Mount Holly in?—A. Gaston County. 

Q. How long have you been there?—A. Sixteen months. 

Q. Look at that and see if it is L. S. Barbee?—A. I did not write it. 

Q. State whether or not that is your handwriting?—A. No, sir. 

Q. Do you kftow any other L. S. Barbee in North Albemarle, ward 2?—A. No. 
Q. How long has it been since you left North Albemarle, ward 2?—^A. Sixteen 
months. 

Q. How long did you live there prior to that time?—^A. I have lived there 
about 12 months. 

Q. Can you read?—A. Yes. 

Q. What book is that?—A. Poll book for North Albemarle, ward 2. 

Q. For what year?—A. 1920. 

Q. No. 780 is what name?—A. L. S. Barbee. 

Q. State if you voted there?—A. Yes. 

Q. Did you vote up here that time in North Albemarle?—^A. Yes. 

Q. You did not vote the last election?—A. No. 

Q. State whether or not you voted at a prior election?—A. Yes; one time. 

Q. But you did not vote in the 1920 election?—A. No, sir. 

Cross-examination: 

Q. You do not know all the voters in North Albemarle, ward 2?—A. No, sir. 

Q. There might be another L. S. Barbee, for what you know?—A. Yes, sir. 

Q. Out of TOO or 800 voters there might be another L. S. Barbee that you do 
not know?—A. Hardly think so. 

Q. Think you know all the L. S. Barbees in this county?—A. Think so. 

Q. Well, you were gone 16 months; another L. S. Barbee might have moved 
in?—A. There were none while I was here. 

Q. But you were gone for 16 months; you don’t know who moved in during 
that time?—^A. No, sir. 

Q. Now, don’t you know a Lester Barbee up there, or not?—A. Don’t think so. 


1518 


CAMPBELL VS. DOUGHTON. 


Mr. LAWSON EUDY testified as follows: 

Direct exaiiiiiiatioii: 

Q. ]Mr. Endy, where do you live?—A. North Albemarle, No. 3. 

Q. Do you know Ussery Dale?—A. Yes. 

Q. Do you know where he voted November election, 1920?—A. I just heard 
where he voted. 

(Contestee objects to hearsay.) 

Q. If he voted in Albemarle, ward 2, state whether or not he had been in 
this township four months and county six.—A. Went to work June 7. 

Q. Where was he from?—A. Lexington. 

Q. What county?—A. Davie. 

Q. What year?—A. 1920. 

Q. They would not have been six months in the county, then?—A. No, sir. 

Mr. W. K. RUMMAGE testified as follows: 

Direct examination: 

Q. Your name is W. R. Rummage?—A. Yes. 

Q. Where do you live?—A. North Albemarle, ward 2. 

Q. Do you know P. R. Davis?—A. Yes. 

Q. Did you know Henry Davis?—A. Yes. 

Q. State where they were due to vote.—A. P. R. was not due to vote any¬ 
place. 

Q. Did he vote?—A. Not to my knowledge. 

Q. If he voted, how did he vote?—A. If he voted, he voted for Campbell. 

Q. State if he was permitted to vote.—A. Had not been in the county , 
long enough. 

Q. Do you know Henry Davis?—A. Yes. 

Q. What about him?—A. He had been off at work. 

Q. State whether or not he had been back long enough?—A. No. 

Cross-examination: 

Q. You say neither voted?—A. Not to my knowledge. 

Mr. J. A. LEE testified as follows: 

Direct examination: 

Q. Your name is J. A. Lee?—A. Yes. 

Q. Where do you live?—A. North Albemarle, No. 3. 

Q. Do you know Jim Andrews?—A. Yes. • 

Q. Whom did he vote for Congress?—A. I do not know. 

Q. Where did he vote?—A. Voted absentee vote in No. 2. 

(). How is he reputed to be?—A. Democrat. 

Q. Was he a citizen and entitled to vote in North Albemarle, ward 2? 
(Contestee objects.) 

Q. Was he living in North Albemarle, ward 2?—A. No. 

Q. How long had be been gone, if you know?—A. Somewhere about a year,, 
or possibly more, or might have been less. 

Q. Was his family with him?—A. Yes. 

(Contestee moves to strike all that the witness said about the reputed 
politics of Jim Andrews, as said testimony is simply hearsay and not based 
on actual knowledge.) 

Ur. WILL HINSON testified as follows: 

Direct examination; 

Q. Mr. Hinson, where do you live?—A. North Albemarle, ward 2. 

Q. Do you know H. O. Bunn?—A. Yes. 

Q. Do you know where he was living at the time of the November elec¬ 
tion, 1920?—A. Nothing more than what his father told me a week or so 
before the election. 

(Contestee objects to hearsay testimony.) 

Q. Where was that?—A. In Ohio. 

Q. State if he had lived in North Albemarle, ward 2, for two years or had 
lived there six months prior thereto?—A. He had not been in North Albemarle, 
ward 2, in five or six years, before the war broke out a good while. 

Q. Do you know his reputed politics?—A. Democrat. 




CAMPBELL VS. DOUGHTON. 


1519 


Q. Do you know G. M. Lefler?—A. I certainly do. 

Q. Do you know his reputed politics?—A. Democrat. 

Q. M as he living in North Albemarle, ward 2, at the last November elec¬ 
tion?—A. He left North Albemarle, ward 2, on or about the 15th of Decem¬ 
ber, 1919, and moved to the lower edge of Moore County. 

Q. Had he moved back?—A. He had not. 

Q. Do you know iNIose A. I.owder?—A. Yes. 

Q. Where was he living prior to the November election?—A. He moved to 
Cabarrus more than a year ago, and Mr. Lowder was seriously ill at that time 
in a hospital in Charlotte. 

Q. IMiat is his reputed politics?—A. Democrat. 

Q. If he voted he voted for Doughton? 

(Contestee objects to the statement of the politics of the elector by attorney 
for contestant.) 

Q. Do you know V. D. Martin?—A. No. 

Cross-examination: 

Q. Was Mr. Bunn a soldier in the war?—A. Yes, sir. 

Q. His father lives here?—A. His father is living in ward 1. 

Q. And his father had been living in ward 2 for some time?—A. He had been 
out of ward 2 more than two months. 

Q. I am talking about before the boy went off, his father lived in ward 2?— 
A. Yes. 

Q. Was he married?—A. No. 

Q. What was he doing?—A. Working in the automobile trade. 

Q. Is he back now?—A. I have hot seen him since he came back. 

(}. Don’t you know that Lowder lived a lot of the time here with his daughter 
and stayed sometime with his daughter and sometime with his son?—A. I don’t 
know that. 

Q. Y"ou do not know that he moved all his things out of here?—A. I can’t 
say he moved anything, but he was not a married man. 

Q. Do you know he stayed with his daughter here part of the time?—A. I do 
not know that lie had any for the past 12 months prior to the election. 

Q. So, then, what you testified about his moving his things and going perma¬ 
nently was simply hearsay?—A. I did not say he moved away from here, but 
that he was making his home with his son-in-law in Kannapolis. 

Q. How do you know he was making his home there instead of paying a 
visit?—A. I have been there and me and his son-in-law were friends while I 
lived there. 

Q. The old man was there, but you do not know for how long?—A. I did not 
inquire to see how long he meant to stay. 

Redirect examination by Mr. I. R. Burleson : 

Q. Y^ou know Mr. Lowder had been there about a yeaf?—A. Yes. 

Q. Did Mr. Bunn enlist in the Army?—A. Yes. 

Q. Did he enlist from this county or another State?—A. I won’t say. 

]Mr. I’AUL AUSTIN testified as follows: 

•Direct examination: 

(y Where were you living at the time of the election?—A. North Albemarle, 
ward 2. 

Q. How long had you been living there?—A. I reckon we had been living there 
a year or 15 months. We had been living in that ward, I reckon, three years. 

Q. Had you evon* voted in that ward?—A. Yes. 

Q. And were registereil in that ward?—A. Y'es. 

Q. Did you vote there last election?—A. Well, they had me challenged because 
I went to South Carolina and stayed three weeks. 

Q. Had voii moved to South Carolina?—A. No. 

Q. And you were deprived of your right to vote because you went to South 
Carolina and stayed three weeks?—A. Yes. 

Q. If you had been permitted to vote last election, for whom would you have 

voted for Congress ?—A. Campbell. 

Cross-examination: 

' Q. The three weeks you spent in South Carolina was the only time you were 
out of the ward last year?—A. Yes. 

Q. What were you doing?—A. Working at a sawmill. 


57695—21-97 



1520 


CAMPBELL VS. DOUGHTOI^-. 


Q. Were you challenged and your challenge heard on challenge day and 
the judges decided you were not entitled to vote after hearing all the evi¬ 
dence?—A. Yes. 

Q. Mr. Morrow, the Republican judge, was present?—A. Yes; they kinder run 
it over him. 

Q. Now, did Mr. Morrow vote in that challenge for you to be allowed to 
vote or not?—A. I don’t recollect. 

Q. I ask you if it was not unanimously decided that you were not entitled 
to vote?—A. They said I was not entitled to vote, and then there was them 
Calloway boys, who had been down there a year or so, and they let them vote; 
said I was a single man and had no right to vote because I went off down there, 
and they were single, too, but they let them vote. 

Q. What Calloway boys were they?—A. I forget their father’s name. 

Q. What was the boys’ name?—A. Frank was one; I forget the other. 

Q. And the judges all decided after hearing the testimony that they were 
entitled to vote and you were not?—A. Yes. 

Redirect examination by Mr. G. D. B. Reynolds : 

Q. How many judges were there?—A. Three. 

Q. Who were they?—A. Troutman, Dr. Anderson, and Mr. Morrow. 

Q. And did they all vote to sustain your vote?—A. I don’t know whether 
they did or not. Mr. ISIorrow told me it looked like I had a right to vote if 
they did. Dr. Anderson said he was not going to mess with it any more that 
I had no right to vote. 

Q. Do you know how the Calloway boys voted?—A. Democratic. 

Mr. JOE HELMS testified as follows: 

Direct examination: 

Q. Where do you live?—A. North Albemarle, ward 2. 

Q. How long?—A. Last eight years. 

Q. Did you vote there in the last election?—A. No. 

Q. Why did you not?—A. I was challenged on account of being out of the 
State. 

Q. Had you been out of the State?—A. Yes. 

Q. Where had you been?—A. South Carolina. 

Q. How long?—A. Not over two weeks, at the time. 

Q. What were you doing there?—A. Carpenter work. 

Q. Had you moved down there?—A. No. 

Q. Where was your home?—A. Here; North Albemarle No. 2. 

Q. If you had voted, how would you have voted for Congress?—A. Mr. 
Campbell. 

Cross-examination! 

Q. You were challenged on challenge day, and on Monday before the election 
it was heard by the registrar and judges of the election, and they all decided 
that 3^011 were not entitled to vote after hearing the evidence?—A. As far as 
I recollect all decided that I was not entitled to vote, and Mr. Morrow said, 
as well as I recollect, that he would leave it to Dr. Anderson and IMr. Talbert 
to saj" whether I could vote or not? 

Q. And Mr. Morrow did not contend that you were entitled to vote?—A. He 
did not say any more about it. 

Q. That was on Monday before the election on Tuesday?—A. As well as I 
recollect. 

Recross-examination: 

Q. Do you know the politics of the three judges?—A. I know the politics of 
one, Mr. Morrow. 

Mr. J. A. TUCKER testified as follows: 

Direct examination: 

Q. Where do you live?—A. North Albemarle, No. 3. 

Q. Do you know Wiley Davis?—A. Yes. 

Q. Where does he live?—A. Can’t tell you where he is at. 

Q, Was he living in No. 2 on the last election day?—A. He came here and 
went to work on about the 15th of August. 



« CAMPBELL VS. DOUGHTON. 1521 

Q. M here did he come from?—^A. I couldn’t tell you exactly. He had been 
oil and, I think, came from New Jersey. 

Q. How long had he been off?—A. Had been gone three or four years. 

Q. Is he a married man?—A. No. 

Q. And been back ever since August?—A. Sometime about the 15th of August. 

<}. Do you know how he voted?—A. I don’t. 

Q. hat are his reputed politics?—A. Democrat, I think. 

Q. Did he vote in Albemarle, No. 2, or do you know?—A. No. 

Cross-examination: 

Q. You don’t know what he was doing in New Jersey?—A. Told me he worked 
in the automobile shops. 

W. J. ROWLAND testified as follows : 

Direct examination: 

Q. Your name is W. J. Rowland?—^A. Yes. 

Q. Where do you live?—A. North Albemarle, No. 1. 

Q. What ofRcial capacity, if any, did you serve during the last election?— 
A. Republican judge. 

Q. Now, IMr. Rowland, can you go ahead and state whether or not any intimi¬ 
dation was brought to bear upon you relative to holding this election prior to 
the election?—A. Well, there was. 

Q. State whether or not that intimidation was by a Democrat or Republican.— 
A. Democrat, I think, if he voted at all. 

Q. State whether or not he was generally reputed to be a Democrat.—A. Sup¬ 
posed to, I think. 

Q. Now, Mr. liowland, you can state whether or not you had a Republican 
clerk during the whole election?—A. I did not. 

Q. State if you demanded a clerk?—A. I did. 

Q. You can go ahead and state what was said relative to your demand.—A. I 
asked Mr. J. W. Brown, a Republican to serve, and bought a book and had 
everything ready, and they ruled me out and would not let him serve. 

Q. You can state if there was more than one poll book kept for North 
Albemarle, No. 1.—^A. There was only one book, but they had a carbon sheet 
and made an extra copy. 

Q. Who was that book made and kept by?—A. Mr. Henry Snuggs. 

Q. What is his reputed politics?—A. Democrat. 

Q. Now, Mr. Rowland, how many absentee votes were cast in North Albe¬ 
marle?—A. I do not know exactly, probably between 55 and 75. 

Q. Out of that number how many would you say were cast for Hon R. L. 
Doughton for Congress and how many for James I. Campbell for Congress?— 
A. I can’t say exactly. 

Q. About how many, to the best estimate you can make?—A. Well, probably 
15 or 20 for Campbell and the remainder for Doughton. 

Q. About how many, then, would you say for Doughton?—A. I don’t know 
exactly, because I did not count them. 

Q. Do you remember whether or not there was an absentee ticket for T. M. 
Fesperman?—A. I do not. 

Q. Do you know S. INI. Lisk?—A. I do not. 

Q. Do you recall how Fesperman voted. Democrat or Republican?—A. Can’t 
say. 

Q. S. M. Lisk, better known as Bunk Lisk—do you know his reputed poli¬ 
tics?—A. I do not. 

Q. W. Philas Hinson—what are his reputed politics?—A. I do not know 
him. 

Cross-examination: 

Q. Mr. Rowland, you helped hold the election that day; everything orderly 
and quiet; everything moved along nicely?—A. Had not any trouble at all. 

Q. Voted everything regular, so far as you could tell?—A. Everything was 
regular after we got started. 

Q. Now, you said you were intimidated; who was the man who intimidated 
you?—A. Mr. F. E. Starnes was the man talked to me. 

Q. What he said to you have any effect on your holding the polls and dis¬ 
charging your duties?—A. Did not. 




1522 


CAMPBELL VS. DOUGHTON. 


Q. So you attended ,to your duties just the same as if he had not talked to 
you?—A. Sure did. 

Q. How lonp: before the election did Mr. Starnes talk to you? A. Saturday 
nijrht. 

Q. That was Saturday night before the election?—A. Yes. 

Dr. J. C. HALL testified as follows: 

Direct examination: 

Q. Where do you live?—A. Albemarle, Stanly County. 

Q. Did Ed Price ever work for you?—A. Yes. 

Q. How long had he been gone from the county prior to the election Novem¬ 
ber 2, 1920?—A. IMr. Price left my employ in March, 1917, and to my knowledge 
was emi)loyed with Secreast-Sloan Drug Co. for some indefinite length of time. 

Q. He volunteered and went to the eastern part of the State in some form 
of the service—Government service?—A. Yes. The exact time of his departure 
is unknown to me. 

Q. Do you know if it was more than six months prior to the election?—A. 
Prior to which election? 

Q. I.ast November election?—A. Yes. 

Q. He has not lived here since?—A. Not to my Ifnowledge. 

Q. Do you know any other Ed Price in Albemarle?—A. No, sir. 

Cross-examination : 

Q. Do 3 '(;u know when Price got out of the service?—A. I do not; don’t know 
the date. 

Mr, J. D. HEATH, recalled, testified as follows: 

Direct examination : 

Q. I believe you are chairman of the election board?—A. County board of 
elections; yes. 

Q. Mr. Heath, have you in your possession a copy of the poll books of North 
Albemarle, No. 1?—A. No. 

Q. Have you in your possession a copy of the poll books of any of the pre¬ 
cincts of Stanly County?—A. No. 

Q. Has a copy of the ix)ll hooks of North Albemarle, No. 1, ever been de¬ 
posited with you?—A. Not to my knowledge. 

Q. Has the poll books of any one of the precincts or any poll book whatever 
in Stanly County been deposited with you?—A. No; none of them have been 
deposited with me. No; I don’t recall a one; there are none there, and don’t 
believe any one ever brought in any. 

Mr. .T. E. HARTSELL testified as follows: 

Direct examination : •«- 

Q. Your name is .T. Ed Hartsell?—A. Yes. 

Q. You are a voter in what iirecinct?—A. Ward 3. 

Q. North Albemarle, ward 3?—A. Yes, sir. 

Q. Were you registrar for the primary last year and for the general elec¬ 
tion?—A. Yes. 

Q. As registrar for the primary were you sworn?—A. Yes. 

Q. Ry whom?—A. Clerk of the court. 

Q. And as registrar for the general election were you sworn?—A. Yes. 

Q. By whom?—A. Mr. Little. 

Q. How many registrants did you register as registrar in your precinct?— 
A. Phve hundred and twenty-flVe. 

Q. And what was the total?—A. Something around 900. 

Q. You entered all the new ones on the book yourself?—A. Yes.' 

Q. When entering names on your register book what qualifications did you 
subject the registrants to?—A. Well, to being in the State two years, county 
six months, precinct four months, and 21 years of age. 

Q. Did you swear all the registrants?—A. Yes. 

Q. Every one?—A. I did everyone that I registered. I had a good many 
transferred, and where I knew the people and knew they were qualified I did 
not swear them. 

Q. But you say you did swear every applicant that you put on there for 
your new book?—A. Yes, sir. 


CAMPBELL VS. DOUGHTON. 


1523 


Q. Were you present at tlie pollinj? places on the four Saturdays, as required 
by law, for the purpose of rejristering?—A. I was. 

(}. How did you occupy your time other than the four Saturdays that you 
were at the pollin. 2 : place, as rej 2 :ards your register?—A. Well, I stayed around 
town here—around the courthouse. 

Q. Did you keep your books with you?—A. INIy books were kept at my home. 

(}. Did you make any trips out in your [n-ecinci away from your polling 
place to register voters?—A. I did. 

Q. About how much time did you spend in this way?—A. I don’t think I put 
in over seven hours. 

(}. In making your trips did you go by automobile or did you walk?—^A. 
Automobile. 

Q. Who accompanied you on these trips?—A. INlr. Morton; I made two trips 
with him, if not three. Ernest Small made one trip with me. 

Q. In making these trips through the neighborhood, did you go from house 
to house; say if the first was a Republican and the next Democrat, did you 
take them in that order?—A. I went where they carried me. 

Q. You went where requested ?—A. Where they carried me. 

Q. Do you know about how many you registered while on these trips?—• 

A. I should say something like a hundred and fifty, and will state that I 
registered more with Mr. D. C. Morton, brother of the sheriff, than anyone 
else. 

Q. Were you paid for this service?—A. I did not charge anything. 

Q. I say were you paid anything for it?—A. IMr. IMorton gave me something, 
but I did not make any charge. 

Q. What were you paid?—A. AVell, that is getting into private affairs, but 
I think he gave me $2 for the two trips. 

Q. You registered about 150 while on these trips?—A. Yes; I think so, but 
would not be positive as to that number. 

Q. About how many were Republicans, would you say?—A. There were 
something over 100 Republicans. 

Q. Would you mind giving me the names of some of them?—A. No; I could 
not tell you the names. 

Q. You would not attempt to name any out of 100?—A. AVell, I could do it, 
but I would not want to name them, for I could not. 

Q. Do you know Mrs. T. P. Crisco?—A. No. 

Q. Therefore you do not know whether you registered her or not?—A. I know 
I did not register her. , 

Q. AATiy not?—A. She did not come to me to register, and I did not go to her. 

Q. You knew she was a Republican?—A. I did not. 

Q. Did you tell Mr. Dave Kimble and any others that Mr. G. D. B. Reynolds 
was going to have all the Negro women in Kingville rushed out on the last day 
for registering and registered for the November election, 1920?—A. I did not. 

Q. Do you know Mrs. Henry Austin?—A. Yes; I think I know her. 

Q. Did she register?—A. No, sir. 

Q. AATiy?—A. She did not live in our ward. 

Q. Mr. Hartsell, did any Republicans pay you for registering?—A. No, sir. 

Q. Mr. Hartsell, how many times, if any, did you carry your book to Demo¬ 
cratic headquarters?—A. I think I carried it up there one time. 

Q. AA'hat was your purpose in carrying your books up there?—^A. AA^ell, to 
check up and see who was entitled to vote and who was not, and so on. 

Q. Did you leave your book up there then?—A. No. 

Q. It was not left in Democratic headquarters any time?—A. No; I would 
not be positive, but I don’t think I did. 

Q. You won’t say that you didn’t?—A. I said I would not be positive. 

Q. Mr. Hartsell, some of the Republicans requested a copy of the register 
books, did they not?—A. Only one man came to me for a copy. 

Q. And you gave him a copy?—A. Yes. 

Q. AAhas this a correct copy you furnished this gentleman?—A. It was of the 
new register, and my understanding was he had a copy of the old register. 

Q. So far as you know, it was cori'ect?—A. So far as the new register was 

concerned. 

Q. But as to the old one, you do not know?—A. I think they had a copy. 

Q I ask you, Mr. Hartsell, if they did not come to you later and request 
that they be allowed to change this so as to correct it?—A. Change it in what 
way? 



1524 


CAMPBELL VS. DOUGHTON. 


Q. Were you requested by the Republicans of your precinct of Albemarle?— 
A. Never but onfe man said a word to me about a copy, and that was Mr. 
Morton, brother of the sheriff. 

Q. So, then, you were not requested otherwise?—A. No. 

Q. Mr. Hartsell, was there a little trouble on challenge day as to your allow¬ 
ing some of the Republicans to see your book for the purpose of challenging?— 
A. No; we did not have any trouble. I did not know what trouble was when 
Mr. Morton came, but when I found out I turned the book over to him and he 
took the names off. 

Q. 1 ask you if it was necessary to get an attorney before you would let them 
see it?—A. They came after one, but I had done found out what their object 
was before the attorney got there. 

Q. At the time they were there first you did not know it was your duty?—A. 
I did not know what their object was. 

Q. Was you supposed to have known their object to have seen the books?— 
A. They were supposed to have told me. 

Q. Do you consider the registration books private or public property?—A. I 
consider them private property. 

Q. They are not open to the public?—A. In a sense they are, and in a sense 
they are not. 

Q. Taking that version, then, you could not hardly call them public property^ 
could you?—A. You could hardly express it that way. 

Q. As private property you did not think they had a right to see them?—^A. 
I did not refuse to let them see them; they had a right in the proper time. 

Q. Did I understand you to say awhile ago that at first you did no know it 
was your duty?—A. I say I did not know what the object was. 

Q. So that was the reason for not letting them see it?—A. Yes. 

Q. Did you think it your duty to find out why they wanted them?—A. I could 
not afford to turn the registration books over to anyone who came along. 

Q. They did not demand to carry them out of your presence, did they?—A. I 
do not know. 

Q. I ask you if they did not ask you to let them copy the books in your 
presence?—A. Yes. 

Q. You refused them?—A. No; I did not. Their object then was to see who 
they wanted to challenge, and I had the book and done it. 

Q. But not until they had gone to get an attorney? You found they had a 
right to see them, and let them see them?—A. Yes. 

Q. Do you know Mr. T. M. Stanley?—A. I am not personally acquainted 
with him. ^ 

Q. Do you know whether or not he voted an absentee ticket last election?— 
A. I do not think he did. 

Q. Do you know his reputed politics?—A. I do not. 

Q. Do you know Mr. J. O. Hunsucker?—A. I do not. 

Q. Do you know if you registered him?—A. I think his name is on the regis¬ 
tration books; I would not say the new or the old. 

Q. Do you know Mrs. Sarah Kemmer?—A, Yes; I do. 

Q. Do you know whether or not she voted an absentee ticket for the last 
election?—A. I do not. 

Q. Do you know Stella Holt?—A. No. 

Q. I understand he works with the Standard Oil Co.—A. I don’t think I 
know him. 

Q. Do you know Mr. A. .1. Jolly?—A. I could not say by the initials. I have 
seen him. 

Q. t>o you know whether or not he voted in person on the day of the elec¬ 
tion?—A. I do not. 

Q. Did you go to the home of Miss Mae Little and her sister, Mrs. Jordan, 
when you were making your trips away from the polls?—A. I think so. 

Q. Do you remember what conversation took place there?—A. I do not. 

Q. I ask you if you do not remember that Miss Little and Mrs. Jordan told 
you they were not 21 years old?—A. I do not remember them. 

Q. I ask you if you do not remember telling them that it would be all right 
and no one would know it?—A. No, sir; I did not tell them that. 

Q. Mr. Hartsell, as registrar and in your official capacity, did you save the 
certificates of the absentee voters that were voted there that day and the 
envelopes?—A. Yes; they were saved. 

Q. Do you know what was done with them—where they were deposited?—A. 
I deposited them with the registration books and poll books. 


CAMPBELL VS. DOUGHTON. 1525 

Q. In what manner were they deposited?—A. My impression is that they 
were in an envelope. 

(}. They were all in an envelope?—A. I think so, but would not be positive. 

Q. You do not know whether they were sent in with the registration book?— 
A. Yes; they were sent in with-them. 

Q. Would you be kind enough to produce those for the hearing?—A. If you 
will send down to INIr. Little’s ofhce you can get them. 

Q. But I would like for you to go down and get them, with the registration 
and poll books. 

Q. Mr. Hartsell, I show you the certificate purporting to be the one sent in 
by T. ]M. Stanley, and ask you if that vote was voted at the last election?— 
A. It Avas not voted. 

Q. How does he say he wants to vote?—A. How is it stated on the certificate? 

Q. “ I hereby cast my vote for each nominee of the Republican Party to be 
voted for at the election to be held on November 2, 1920.”—A. That is correct. 

Q. I show you ticket purporting to be the certificate sent in by .1. O. Hun- 
sucker, and ask you if that was presented for the purpose of being voted on the 
day of election?—A. Yes; I guess it was. 

Q. How does the ticket state it should be voted, Rei:)ublican or Democrat?—A. 
Republican. 

Q. Straight Republican, was it not?—A. Y'es. 

Q. Was this certificate voted?—A. No; I think not. 

Q. Do you know whether or not these two gentlemen were registered?—A. 
Yes; I think they were. 

Q. Were they challenged on challenge day?—A. When the time of day came 
for these votes I opened them along about 3 o’clock and turned them over to the 
two judges of the election and I kept the registration book and looked up the 
names and checked them off as they called them out, and I did not see where I 
was called on to settle challenges that was made. 

Q. So they were challenged., both of these, do I understand you to say?—A. 
They had no ballots; this is all we had, and the poll holders decided it was not 
legal. 

Q. So your understanding is that if a ballot did not accompany the ticket they 
were invalid?—A. Y^es; that is the way we construed it. 

Q. So, Mr. Hartsell, your understanding is that the reason they did not vote 
is because ballots did not accompany the certificates?—A. I think that is the 
reason the two judges would not vote them; I did not see them myself. 

Q. You had a right and it was your duty, was it not?—A. I did not; I could 
not look at every vote that was cast. 

Q. Do you know whether or not T. H. Wise voted?—A. l^es, sir; I think he did. 

Q. Absentee ticket, did he not?—A. Yes. 

Q. I ask you if ballots accompanied his certificate?—A. Yes; they did. 

Q. I show you the ticket pui*porting to be the ticket of Mr. Wise and ask you 
if ballots accompanied that?—A. I think they did. 

Q. Will you be kind enough to read that?—A. Yes. 

Q. What does it say?—A. “I hereby cast my vote for each nominee of the 
Democratic Party to be voted for at the election to be held on November 2, 
1920.” 

Q. This man’s vote was cast?—A. I would not say positively that it was. 

Q. I will ask you to look at poll book No. 3 for North Albemarle. Do you find 
his name?—A. No; I do not know whether it is on there or not. 

Q. Do you know whether or not T. PI. Wise and Harvey Wise are the same 
men?—A. Don’t think they are. 

Q. Do you know W. T. Dobey?—A. Yes; I think I do. 

Q. What was the nature of his absence?—A. I think he works with the 
Standard Oil people. 

Q. Plas a family?—A. Yes. 

Q. Where do they live?—A. Plere. 

Q. Do you know whether or not he voted an absentee ticket?—A. Well, just 
like I told you awhile ago, I could not say about these absentee votes, because 
I did not open any of them. 

Q. I band you the poll book for North Albemarle, No. 3, and ask you if you 
find the name of T. H. Wise entered there as having voted?—A. His name is 
there, gentlemen. 

Q. I show you the certificate purporting to be W. T. Dobey and ask you if 
there is any difference in that certificate and the one shown you for Stanley and 
Hunsucker a few minutes previous?—A. I do not see any difference. 


1526 


CAMPBELL VS. DOUGIITON. 


Q. You do not know he voted?—A. I just told you I did not know. 

Q. I sliow you the certiticate of Miss Bell Scarhoro and^ ask you if there is 
any difference in that certificate and the one shown you tor Stanly and Ilun- 
sucker?—A. It is the same, except it is Democrat, is it not. 

Q. A ballot accompanied that?—A. I explained to you how these two tickets 
were not voted. 

Q. Now, Mr. Hartsell, what did you do with these ballots that were voted i— 
A. The judjjes said they were not marked and they were not checked. 

Q. So if Congress should decide that they wanted these ballots, they would 
be unable to get it?—A. Certainly; my understanding about the law was if 
they were not marked the law did not require you to keep them. 

Q. And you did not keep the ballots that accompanied the certificates?— 
,A. No. 

Q. Do you know Sarah Kemmer? I do not remember what you said.’—A. I 
said I knew her, but did not know whether she voted or not. 

Q. Mdiat are her politics, or do you know?—A. Well, Republican. 

' Q. Did she vote a Republican ticket?—A. I do not know whether she voted 
or not? 

Q. Do vou know who she lives with?—A. With her son-in-law. 

Q. Who is that?—A. H. W. Waller. 

Q. I ask you if you do not know Waller’s iwlitics?—A. He is a Democrat. 

Cross-examination by Mr. R. L. Smith : 

Q. Mr. Hartsell, I ask you to look at the ticket of T. M. Stanley and see if 
there are any pinholes or evidence that the ticket was attached to it?—A. I do 
not see any. 

Q. Look at the ticket of J. O. Hunsucker and see if you find any pinholes or 
evidence where a ticket was attached to it?—A. I do not. 

Q. Look at the ticket of T. W. Dobey and see if you find pinholes or evi¬ 
dence?—A. Yes, sir; I find a pinhole. 

Q. Look at the ticket of Bell Scarhoro and see if you find any evidence?— 
A. Yes; I find a pinhole there. 

Q. Look at the certificate of T. H. Wise and see if you find any pinholes or 
evidence?—A. I find them there. 

Q. In regard to the vote of IMrs. Sarah Kemmer, I hand you what purports 
to be an absentee ticket for North Albemarle, No. 3. Say whether or not that 
passed through your hands.—A. The contestant admits she voted. 

(}. Did every person who came to the polling place on that day for the pur¬ 
pose of making challenges have the privilege to do so?—A. They did. 

Q. State whether or not any challenges were made there on that day.—A. 
They were. 

Q. State whether or not their evidence was heard and passed on?—A. They 
were. 

Q. State whether or not the registrar and judges passing on were unanimous 
in all ?—A. They were. 

Q. State whether or not you attended at the polling plac'e on each of the 
four Saturdays while the polls were open.—A. I did. '< 

Q. State whether you registered all voters who applied to you for registra¬ 
tion any tune while the books were open.—A. I did. 

Q. A^hIs any person turned down?—A. Was not where he could take the oatfi. 

Q. State if, in your judgment, living in that precinct, whether all voters who 
lived in that precinct and desired to vote registered and did so,—A. Yes, sir. 

Q. Do you know of a single one who desired to register and was deprived?—■ 
A. I do not. 

Q. I ask you to state, when the books were first opened, which party was the 
most diligent in registering?—A. The Republican. 

Q. I ask you if they did not nearly all register during the first half of the 
time the books were open?—A. IMajority of them did. 

Q. On election day which party was predominant at the polls?—A. Repub¬ 
lican Party. 

Q. 1 ask you if there was not a great crowd so that there was quite a jam?— 
A. There was. 

Q. I ask you if at any time they crowded so that the election M’as interfered 
with and had to stop until they got out of the way?—A. One or two times. 

Q. What party was predominant in that crowd?—A. Republican. 

Q. State if you had to stop and tell them that they had to get back before 
you could proceed with the election?—A. I did. 





CAMPBELL VS. DOUGHTON. 


1527 


Q. state in yonr opinion, wliether tlie election was held fairly so that every 
elector who pi'esented himself had an opporimity to vote?—A. Yes, sir. 

Q. I believe you voted a majority or nearly all before sundown?—A. Yes; 
we got through an hour by sun and closed the polls at sunset. 

Q. Do you know any registrant who came after the books were closed?—A. 
One. 

Q. Who?—A. INIrs. Johnson. 

Q. What are her reputed politics?—A. Democrat. 

Q. Did she vote?—A. She did not. 

Q. State, Mr. Hartsell, which party predominated in Albemarle, precinct 
No. 3?—A. Itepuhlican I*arty. 

Q. About how many more votes were cast by the Republican Party than cast 
by the Democratic Party?—A. I don’t know just what. 

Q. Just about?—A. Around 275. 

Q. What was IMr. Morton’s politics?—A. He was Republican. 

Q. And brother of the present sheriff?—A. Yes. 

(j. State what time, or about what time, you furnished him this copy of the 
registration books?—A. On Tuesday after the registration books closed"on Sat¬ 
urday. 

Q. A week before the election?—A. Y^es; just a week. 

Q. Now, challenge day, you said some parties came and asked you for the 
books didn’t you? Did you give them the books?—A. I did. 

Q. Did they state at lirst what they wanted with the books when they 
came?—A. No; not a first. 

(}. I ask you IMi*! Hartsell. and read to you a portion of section 2972, C. S. 
“ It shall be the duty of the registrar tb attend at the polling place of his 
precinct on Saturday preceding the election from the hour of 9 o’clock a. m. 
until the hour of 3 o’clock p. m. when and where the said hooks shall he open 
to the inspection of the electors of the precinct or township and any of said 
electors shall be allowed to object to the name of any person appearing on said 
books.” Now, I ask you IMr. Hj'.rtsell, if any iierson who came that day was de¬ 
prived of the right to inspect the books between those hours?—A. There was 
n<>f 

Q. I ask you if you know of any law anywhere that requires you to turn 
over the registration book to anyone while in your possession?—A. I do not. 

Q. State, IMr. Hartsell, in your opinion, if the election held in Albemarle, 
precinct No. 3, was fair in every respect to Dr. Campbell, the contestant, and 
Mr. Doughton, the contestee?—A. Yes, sir; I think so. 

Q. State whether or not you know of your own knowledge, or have any rea¬ 
son to believe any advantage was taken of Dr. Campbell, the contestant in 

that ward?—A. There was not. 

Q. State whether or not there was any advantage or favor shown Doughton, 
the contestee, in that ward?—A. There was not. 

Q. I will ask you if Mr. Stanley’s family, his wife, lives in Albemarle, No. 
3?—A. I could not tell you where he lives. 

Q. I ask you if it was not an actual fact that he lived in South Carolina?— 

A. I have heard it, hut don’t know it. 

Q. It is generally reputed?—A. Yes; but to my knowledge I do not know. 

Redirect examination: 

Q. Mr. Hartsell, did anyone ever ask you to turn over your registration books 
to them?—A. Why, I don’t know that they did. 

Q. They did request you to let them inspect them?—A. Nobody but Mr. 
Morton. 

Q. And, to get this straight again, you testified you did not let him see it?— 
A. I told you I did not know his object, and I found out later and before he 
got back with his attorney. 

Q. And when he came hack the second time you let him see them?—A. Yes. 

Q. You say everything went off nicely at the polling place on the day of the 
election with the exception of possible disturbance?—A. Y^es. 

Q. Rut even with the disturbance you voted about 800?—A. Yes. 

Q. Mr. Hartsell, to the best of your knowledge how many voted there that 
(lay?_A. Seven hundred and fifty-four. 

Q. You say you voted without any trouble?—A. Yes. 

(j. Cot through by nn hour of sun?—A. Yes. 

Q. Could have voted quite a few more?—A. Y^es; easily. 

Q. You said a while ago you thought the election had been carried out fairly 
and'squarely?—A. I think so to my knowledge. 


1528 


CAMPBELL VS. DOUGHTON. 


Q. If it should happen that these two votes I showed you a while ago were 
illegally kept from being voted would you say then that either suffered a dis¬ 
advantage?—A. I would say that the Republican Party lost two votes. 

Q. I read into the record a part of section 5962, headed “ Blank certificate and 
envelope for absentee electors: The State board of election shall also furnish 
to the county board of election at the same time certificates in form as follows: 
Blank State, blank date, to the registrar and judges of election in blank pre¬ 
cinct ; I hereby cast my vote for each nominee of the blank party to be voted 

for at the election to be held on (give date of election) blank. Witness-. 

Said certificate shall be signed by-elector and when signed and witnessed 

shall be counted as a vote for each said nominee subject to the right of chal¬ 
lenge.” Mr. Hartsell, it was your understanding that the reason these votes 
were thrown out was they did not have ballots accompanying them?—A. That 
is the understanding I had about them. 

Q. I ask you of your own knowledge?—A. I would not say it of my own 
knowledge, but understood from the poll holders that that is the reason they 
were not voted. 

Q. Can you tell me about how many absentee votes were cast?—A. I could 
not; some 12 or 15 might have been, more, but don’t think over 15. 

Q. Do you know how many were Republican?—A. I do not. 

Q. About what would you say?—A. Well, I could not say for I don’t know. 

Recross-examination: 

Q, Did Mr. Morton state to you when he first came to j^ou what he wanted 
with the books?—A. No. i 

Q. Did he ask you for the books or to inspect the books?—^A. Well, I just 
don’t know the words. 

Q. Did he give you to understand that he wanted to examine the books for 
the purpose of challenging?—A. He never said; if he had told me that I would 
not have refused him. 

Q. Regarding the disturbance, if it had occurred and continued all during 
the day, state whether or not you could have voted your voters?—A. It would 
have been impossible. 

(Contestant objects.) 

Mr. W. F. CROWELL testified as follows: 

Direct examination: 

Q. Your name is W. P. Crowell?—A. Yes. 

Q. Where do you live, in what ward?—A. I vote in North Albemarle, No. 2^ 

Q, Did you vote in the last election?—A. No. 

Q. Did you know Carl Roach?—A. Y'es, 

Q. Do you know when he left Stanly County?—A. Not exactly, but sometime- 
in September. 

Q. Did he have any family?—A, No. 

Q. Has he been back since?—A, Not to my knowledge. 

Q. Do you know where he went?—A. Mulberry, Fla. 

Cross-examination: 

Q. Is he a single man?—A. Yes. 

Q. Where does his father live?—A. I think in Washington. 

Q. How long had he been living with his father?—A. About two years. 

Q. You do not know whether he went away with the intention of coming 
back?—A. He said when he left he was coming back in March or April. 

Mr. DOLPH HINSON testified as follows: 

Direct examination: 

Q. Where do you live?—A, Over here on Wiscassett Hill. 

Q, What ward did you vote in?—A. North Albemarle, No. 2. 

Q. Do you know R. C. Roberts?—A. No, sir; I do not. 

Q. Do you know P. E. Roberts?—A. No. 

Q. Do you know W. .1. Barbee?—A. Yes. 

Q. Is he a voter in North Albemarle, ward 2?—A. He is not. 

(Contestee objects.) 

Q. Where does he live?—A. Gastonia. 

Q. How long has he been living there, do you know?—A. Right about a year. 

Q. Is W. J. Barbee a married man?—A. The W. J. I know is. 





CAMPBELL VS. DOUGHTON. 


1529 


Q. Is bis wife with him?—A, If she is here I do not know it. 

Q. Do you know W. A. Calloway?—A. Yes. 

(}. Where does he live?—A. On the hill above me. 

Q. About what a,?e is he?—A. He looks to be a man of 55 or 60 years old. 

(}. Do yon know any other W. A. Calloway?—A. I do not. 

(}. Do yon know V. D. Reeves?—A. No; I do not know him. 

IMr. F. H. BURLESON testified as follows: 

Direct, examination: 

Q. Your name is F. H. Burleson?—A. It is. 

Q. Yon know iMose Lowder?—A. Yes; I think I do. 

Q- Do you know where he was living on November 2, 1920?—A. Been living 
in Kannapolis. 

Q. For how long?—^A. About a year. 

Q. Has he a wife and family here?—A. No. 

Q. Do you know A. P, Roberts?—A. Y'es. 

Q. Where does he live?—A. Ward 3. 

Q. Did he state whether or not he voted in ward 3?—A. He voted in ward 3 
early in the morning. 

Cross-examination: 

Q. Y’^on do not know whether Mr. Lowder left any of his household effects 
here or not?—A. No; I do not. 

Redirect examination : 

Q. I show you a certificate signed by A. P. Roberts purporting to be an 
absentee ticket in ward 2; you know thoroughly that he did vote in person in 
No. 3?—A. I know he went in the house to vote. 

Q. Read this.—A. State of North Carolina, October 6, 1920: To the regis¬ 
trar and judges of election of North*Albeniarle, No. 2 precinct: I, A. P. Roberts, 
do hereby certify that I am duly qualified elector in ward 2, precinct of Stanly 
County, N. C., and I inclose herewith ballot or ballots which I wish to vote in 
the election to be held November 2, 1920. Signed A. P. Roberts. 

Recross-examination: 

Q. Y^ou have no knowledge whether the tickets attached to this were voted 
or not?—A. No; I do not. 

Q. You say you do not know that the tickets he had were voted?—A. I do 
not; I seen him go in with the tickets. 

Mr. W. F. SWARINGEN testified as follows: 

Direct examination: 

Q. Your name is W. F. Swaringen?—^A. Yes. 

Q. Do you know V. D. Reeves?—A. I do not. 

Q. If such a man voted he is not known of your knowledge?—A. No. 

Q. Mr. Swaringen, state if you heard early election morning rumors in this 
town from Democratic authority and sources that in Big Lick and Furr Town¬ 
ships a large number of Republicans were going to be challenged, hindered, 
and delayed from voting on election day, November 2, 1920?—A. I did. 

Q. State where did you receive that information?—A. It was out here on the 
street somewhere; don’t remember the place. 

Q. State if the information came from Democratic headquarters.—A. It did. 

Q. Now, Mr. Swaringen, you state if you have since learned that in those two 
townships. Big Lick and Furr, several hundred voters did not get to vote but 
were deprived and that they were Republicans?—A. I have. 

Cross-examination: ' 

Q. Where did you get your information, IMr. Swaringen?—-A. I heard Oscar 
Neal, I believe was the first man was telling me about the rumors. It strikes 
me there was some one else right after that, but I don’t recollect the name. 

Q. So Oscar Neal is the only one you recall?—A. Yes. 

Q. Was Oscar Neal connected with the Democratic headquarters in any 
way?—A. I can’t say. 

Q. Mr. Burleson said a while ogo that your information came from Demo¬ 
cratic headquarters.—A. I can explain that. He told me that IMr. George Reed 
was up in your office Monday night and he told me of one or two others who 


1530 


CAMPBELL VS. DOUGHTON. 


were np there; I thiDk Mr. John Boyette was one that he had named—had 
planned to throw out Furr and Big Lick precincts and was going to cheat 
enough out of precinct No. 1, North Albemarle, to carry the county. Oscar told 
that George Reed told him. 

Q. So that was purely hearsay?—A. Yes. 

Q. You were a voter in No. 1 and was at the polls; it was a fair election, so 
far as you could see?—A. I think so. 

Q. Did you see anyone trying to cheat?—A. Can’t say that I did. 

' Q. I ask you if there were not two tables, with Republican tickets on one 
table and Democratic on another, and they were in as nice order as you ever 
saw?—A. Yes. 

Q. Well, you have not heard any tell since of Big Lick and Furr being 
thrown out, have you?—A. I have not heard any tell of them being thrown 
out, but have heard a good many did not get to vote. 

Q. If Big Lick and Furr had been thrown out it would have carried the 
county Democratic, would it not?—A. I can’t say. 

Q. Well, there was al)out 500 votes; if they had been thrown out the county 
would have gone Democratic?—A. I suppose so. 

Q. Did you hear anyone saying anything about throwing out Big Lick and 
Furr?—A. I heard something about them having trouble and not getting to 
vote. 

Q. Well, have you heard of anybody being challenged in Big Lick and Furr, 
any unusual number, not a single person was challenged in Big Lick on 
election day, was there?—^A. No. 

Q. Not a single person in Furr on election day?—A. No, sir. 

Q. I ask you if it was not reported that there was a great jam and rush, 
at both places and impossible for the poll holders to vote the crowd that was 
there?—A. Have not heard anything except the witnesses who testified during 
the trial. 

Redirect examination: 

Q. What you heard was that they were going to keep them from voting 
there?—A. I say, Mr. Neal told me that Mr. Reed said they were going to throw 
out those two voting precincts. 

Q. What is Mr. Reed’s politics reputed to be?—A. Democratic, I believe. 

Mr. HOMER SMITH testified as follows: 

Direct examination: 

Q. Your name is Homer Smith?—A. Yes. 

Q. Do .vou know R. E. Roberts?—A. Yes. 

Q. State where he was living on November 2,1920.—A. Gastonia. 

Q. Was his family here or at Gastonia?—A. Gastonia. 

Q. Do you know A. P. Roberts?—A. Yes. 

Q. Where does he live?—A. During election time he was living in North 
Albemarle, No. 3. 

Q. How long has he lived in Albemarle. No. 3—A. Along about April, 1920. 

Q. Not then four months prior to the election?—A. No. 

Q. Do you know T. W. Dobey?—A. Yes; I know him. 

Q. Has he lived in North Albemarle, ward 2, within the last four months?— 
A. No, sir. 

Q. Where is he living?—A. Salisbury. 

Q. How long has he lived there?—A. He has been there for several years. 

Q. Mr. S^iith, state if you know about any conversation with any person 
relative to hindering or delaying the voters in Purr and Big Lick Townships 
prior to the election?—A. Well, there was one man told me a little about it. 

Q. When was it?—A. Next to the last Sunday in October. 

Q. What year?—A. 1920. 

Q. Now what was you told?—A. He came down to my father’s house, me and 
my father were sitting on the front porch and we were talking, and he 
said to me, “ I can put you onto a few things now' if you w'ont give me awmy. 

Q. Well, wdiat w'ere they?—A. I said, what is it; he said he was up in 
Democratic headquarters on Friday night. 

Q. Friday night before that?—A. Yes. 

Q. What date was that?—A. That was the 22d of October, 1920. 

Q. And what was said?—A. He said that there was a couple of plans they 
had figured on, and they w’^ere to challenge and hold up the election in the 
strongest Republican precinct and try to knock out 500 from voting. 


CAMPBELL VS. DOUGHTON. 


1531 


Q. Who heard that conversation besides yourself?—A. My father. 

Q. state if you heard anything further from this man relative to this 

matter.—A. les. 

Q. You can state wliat then?—A. On Saturday, October 30, 1920 

Q. That was Saturday before the election?—A. Yes. 

Q. \Miere were you this time?—A. Came up the street cross from the depot 
and met him at the Weiner plant. 

Q. What was said then?—A. He said to me, “Do vou want a drink?” I 
said, “ I would not mind it.” He .said, “ Well, come on over here in the ware¬ 
house.” 

Q. What warehouse? A. Morrow Bros. & Heath. He said, “ I got something 
good for you,” and we went back in there and taken a little drink. He says, 
“ Now, what I was telling you last Sunday; now, they are the plans they have 
figured on. Another thing they have planned to do is to outcount them when 
they went to count the ballots. 

(}. So the two plans told you were to challenge and keep them back and out¬ 
count them?—A. Yes. 

Cross-examination : 

Q. Wlio was this Mr. Smith, telling you all of this blood-and-thunder story?— 
A. Mr. Simp Cox. 

Q. Nobody else tell you that?—A. No. 

Q. And you believed all he told you?—A. W^ell, that is what he told me. 

Q. I asked if you believed it?—A. W'hy, I believed it. 

Q. So you believed what he told you, and then who did you tell it to?—A., 
W^ell, I don’t know who I did tell it to. 

Q. W’ell, give me some of them?—A. I told IMr. Burleson. 

Q. W’ho else?—A. I told the Republican poll holder, Dave Morrow. 

Q. Who else?—A. I told Dr. Campbell. 

Q. Who else?—A. I think I told Mr. Reynolds. 

Q. Anybody else?—A. I don’t remember. 

Q. W’hen did you tell them?—A. Now, I don’t remember the time. 

Q. Did you tell them immediately after the first conversation?—A. Yes; after 
the Sunday conversation, I told some of them about it then. 

Q. Wdio did you tell then?—A. I don’t remember. 

Q. And you were drinking?—A. No, sir. 

Q. You did not take any with him?—A. Yes; on Saturday evening. 

Q. Two or three of them, didn’t you?—A. No, sir. 

Redirect examination: 

Q. This is supposed to be the poll book for Albemarle, No. 2. I wish you 
would look and see if you can find the name of T. W. Dobey. Look at that 
and see whose name is purported to be signed to that certificate. Is that the 
name of T. W. Dobey?—A. Yes; T. W. Dobey, I suppose. 

(Witness has stood aside to be recalled when he makes an examination of 
the book.) 

Q. You made an examination of the poll book for No. 2 to your satisfaction?—’ 
A. Yes. 

Q. Did you find the name of T. W. Dobey?—A. No. 

Q. Do you find the name of M. L. Troutman on there?—A. No, sir. 

Mr. GEORGE PALMER, recalled, testified as follows: 

Direct examination: 

Q. Your name is George Palmer?—A. Yes. 

Q. What official position do you hold in the county?—A. Register of deeds. 

Q. As register of deeds, where is your office?—Courthouse, Stanley County.. 

(). State what relation is your office relative to the clerk’s office.—A. Just 
opposite; left-hand side. 

(). Just across the hall, I believe?—A. Yes. 

Q. About how wide is that hall?—A. Hardly know; something like 20 feet. 

O You heard it testified here that on yesterday a week ago Dr. Campbell 
had one of the registration books in your office, at which time there was sonie 
pencil writing on the book that now appears on the book, jou ^\ill state if 
there was any names added to this book or while in your office.—A. No; I did 

not see any. . .u o < t»- i 

Q. I hand you a paper; what is the name ot that paper?—A. Piedmont 

Press. 


1532 


CAMPBELL VS. DOUGHTON. 


Q. Of what date?—A. Thursday, October 28, 1920. 

Q. Where is that published at?—A. Albemarle. 

Q. By whom?—A. By A. Selders. 

Q. Now I wish to introduce as Stanley County’s Exhibit No. 3 an article 
entitled, “Will the Democrats steal the county?” This article is inclosed in 
parentheses. 

(The contestee in apt time objects to this as incompetent evidence and irrele¬ 
vant to the issue to be tried in this case.) 

Cross-examination: 

Q. Mr. Palmer, did you ever see during the campaign the circular called 
the McAdoo circular?—A. I did. 

Q. Do you know from what source they were circulated?—A. Do not know. 

Q. But you know it was sent out by the Republican Party of the county?— 
A. I do not. 

Q. Were you examined about a circular entitled “ Republicans, take notice 
and act at once.” in which he says all soldier boys have been exempted from 
poll tax for the year 1919, signed J. S. Sapp, chairman of the Republican execu¬ 
tive committee?—A. I don’t remember seeing that. 

Redirect examination by Mr. Burleson ; 

Q. State whether or not you find on the tax books that .1. C. Gilbert is a tax-^ 
payer in North Albemarle in either of the wards.^—A. I did not find it in either 
1 12 or 3 

Q. Do you know of a J. C. Gilbert?—A. No, sir. 

Recross-examination: 

Q. You don’t claim to know all of the people in North Albemarle?—A. No. 

Q. You were raised in North Ridenhour?—A. Yes. 

Q. In these three precincts there are, according to the evidence, 2,500 voters; 
you don’t claim to know them all?—A. No. 

Q. You don’t know Gilbert might have become of tax age after May, 1920?— 
A. Don’t know it. 

Q. If so, his name would not have been on the tax books?—A. No. 

CHARLIE PHIPPS testified as follows: 

Direct examination: 

Q. What is your name?—A. Charlie Phipps. 

Q. Do you know Moses A. Lowder?—A. I do; he is my father-in-law. 

Q. State where he was living on the 2d day of November, 1920.—A. Why, he 
called my house his home on that day—at Kannapolis. 

Q. How long had he been living with you?—A. Eleven months; but he had 
been in a hospital at Charlotte that time. 

Q. Did he vote an absentee?—A. No; not then. 

Q. Not at the November election?—A. There was a little paper brought there 
for him to sign, but he did not sign it. 

Q. How long was that prior to the election, do you recall?—A. I don’t 
recall. 

Q, Mr. Phipps, look at that certificate and see if that is the hand writing of 
Mose A. Lowder?—A. No; it aint, 

Q. Whom is that to be voted for?—A. It is suppo.sed to be voted for Demo¬ 
crats, ain’t it? 

Q. Can you tell us whose hand writing it is?—A. I would not like to much, 
but if I have to I can. 

Q. State whether or not it is a man who lives in Kannapolis or Albemarle?— 
A. A man lives in Albemarle. 

Cross-examination: 

Q. Mr. Phipps, can you swear to this handwriting, have you had experience 
enough?—^A. I ought to, as much as I have seen him try to write. 

Q. Who tried to write?—A. I didn’t think I had answered that. 

Q. Can you swear whose this is?—A. Well, I never seen him do it, but have 
seen it time and time again. 

Q. Are you an expert on handwriting on many of these papers?—A. No; I 
don’t know the people well enough. 

Q. You say Mr. Lowder was in the hospital on November 2, 1920?—A. Yes. 

Q. What place?—A. At the new sanitarium, Charlotte. 


CAMPBELL VS. DOUGHTON. 


1533 


Q. Were yon there on November 2?—A. I was not. 

Q. Day before?—A. No. 

Q. Week before?—A. No; Sunday before. 

Q. Wbat was Sunday before?—A. I don’t know. 

Q. You spent all day there on Sunday?—A. No; not all day. 

Q. Wbat part of the day?—A. From about 10 o’clock until about 2. 

Q. Who else \yas there?—A. I don’t know who all was there. 

Q. This certificate, dated October 30; you know who was there Saturday?— 
A. I do not know. 

Q. He was sick in bed?—A. Guess so, he had been split open. 

Q. You don’t know then but wbat somebody was there on Saturday, and he 
told them to si.itn this certificate?—A. No; I don’t know. 

Q. But it was dated, Saturday the 30tb, the day before you were there; you 
are not willing to swear that be did not authorize it on Saturday before when 
you were in Kannapolis?—A. No; I don’t know anything about Saturday. 

Q. I will ask you if be did not leave some things in Albemarle?—A. No; 
nothing but an old pair of shoes and a pair of breeches maybe, and he gave me 
the shoes. 

Q. He did stay with his daughter here some?—A. Yes. 

Q. Where is he living now?—A. Up here now. 

Q. Well, he stayed first with one and then the other?—A. No; when he 
stayed with me he did not stay with the other. 

Q. When he stayed with you he did not stay with the other?—A. No. 

Q. And when he left your house he would be gone for some months?—A. Well, 
after he was operated on he came down here and stayed. 

Q. That was his prospects when he was operated on?—A. Yes. I am taking 
him at his word. I said I am to make my house his home, 

Q. But he did not do it?—A. That was the way he had it figured out. 

Q. Well, he was an old gentleman; children all married?—A. Yes; he did 
as he pleased. 

Q. He was born and raised in this county?—A. You can’t prove that by me. 

Redirect examination: 

Q. State whether or not you saw Mr. Lowder in the hospital on Sunday be¬ 
fore the following Tuesday.—A. I did. 

Q. What statement, if any, did INIr. Lowder make in your presence relative 
to voting here in Albemarle?—A. They brought him that little paper to sign, 
and he said, “ No; I am not entitled to sign that paper and vote in Albemarle. 
I have never registered yet, and belong to register and vote in Kannapolis.” 

Q. Did he make that statement in your presence on Sunday before the elec¬ 
tion on the following Tuesday?—A. He did. 

Q. Look and see what the date of that certificate is.—A. It is October 30 
here. 

Q. October 30 is what day of the week?—A. Saturday. 

Q. You saw him on Sunday afterwards and heard him make that state¬ 
ment?—A. I did. 

Recross-examination : 

Q. Who did he say he made this statement to?—A. Calvin Laton. 

Q. That Calvin Laton was the man who presented him with the certificate; 
where does he live?—A. On the Wiscassette Street, straight across by Mr. 
Dave Howards. 

Redirect examination by Mr. Burleson : 

Q. Will you please state what Calvin Baton’s politics are?—A. Democrat. 

Recross-examination by Mr. Smith : 

Q. Did you see him vote in the last election?—No. 

Q. People change politics sometimes. So you don’t know what he voted last 
time, do you?—A. No. 

Mr. A. J. JOLLY testified as follows: 

Direct examination: 

Q. Your name is A. J. Jolly?—A. Yes. 

Q. What is your politics?—A. Republican. 

Q. AVhat is the politics of your wife, Mrs. Omah?—A. She is Republican. 

Q. State if you voted in the November election, 1920.—A. Did not. 


1534 


CAMPBELL VS. DOUGHTON. 


Q. State where your precinct was to vote.—A. Over here in \N'est Albemarle,, 
ward 3. 

Q. Why did you not vote?—A. They had me challenged. 

Q. Where was your home at that time?—A. It was here. 

Q. How long have you been living in North Albemarle, ward 3, making it 
your home?—A. Four years. 

Q. Would you have voted for Campbell for Congress if permitted to vote?— 
A. Yes. 

Cross-examination: 

Q. When were you challenged?—A. Some time before the election. 

Q. Then you were heard on Monday before the election?—A. No, sir. 

Q. When was your challenge passed on?—A. When I went to vote. Some 
fellow told me Monday night I was challenged and need not go to the polls. 

Q. What grounds?—A. Went out of the State in 1918 a month before Christ¬ 
mas and stayed until Christmas and come back, and after Christmas went out 
of the State and stayed some two or three months. 

Q. Did your wife go with you?—A. Yes. 

Q. Take your things?—A. Some of our clothes. 

Q. What were you doing?—A. Working. 

Q. Do you own property?—A. Nothing except household and kitchen furni¬ 
ture. 

Q. Did you pay rent on your house?—A. No; we moved out and occupied a 
room in my father-in-law’s home and let them stay there while we were gone. 

Q. And that was less than two years of the election?—A. Was December, 
1919. 

Q. How long in 1918 were you out?—A. My vdfe did not stay over seven 
weeks either time. 

Q. When you were challenged, the vote on your right to- vote was unanimous 
among the poll holders?—A. Yes. 

Q. Republicans and Democrats all voted you were not entitled to vote?— 
A. That is what they said. 

Mr. S. AUSTIN testified as follows: 

Direct examination: 

Q. Mr. Austin, your name is S. Austin?—A. Yes. 

Q. You live in North Albemarle, ward 1?—A. Yes. 

Q. Where were you on the day of election?—A. Salisbury. 

Q. Were you sick for any physical reason ?—A. No; one of Ben’s children 
was sick. 

Q. Mr. Austin, did you sign your name to an absentee ticket?—A. Now, the 
way of that was. Bob does all my writing for me, and I left him here to do 
It, as I thought it was all right. 

Q. You were not present?—A. No; he signs my name to all my books and 
does all my writing. 

Q. So, if your name was voted, you were not present when it was,' signed?— 
A. No; I was in Salisbury. 

Q. Do you know whether or not your name was signed to a ticket?—^A. I 
told Bob to sign it. 

Cross-examination: 

Q. So he signed it with your consent?—A. I told him to. 

Q. You authorized him to sign this before you left, because you were going 
to be out of the county?—A. Yes. 

Q. You approve of that action still, do you Mr. Austin?—A. Yes. 

Mr. .1. A. LITTLE, recalled, testified as follows: 

Direct examination: 

Q. Your name is J. A. Little?—A. Yes. 

O. And you are clerk of the superior court?—A. Yesi 

Q. Will you turn to your Badin list and see if you find the name of C. J. 
Hanes as having paid his poll tax?—A. I do not find it in the H’s. 

Q. You have examined it thoroughly, have you?—A. Unless it should appear 
somewhere else in the list, outside of the alphabetical arrangement. 

Q. Do you find the name of G. O. Southerner?—A. No; I do not see it here. 

Q. Do you find the name of S. F. Dunnaway?—A. No, sir; I do not see it 
on the list. 


CAMPBELL VS. DOUGHTON. 


1535 


Q. T. W. Belk?—A. No; I don’t see T. W. Belk. 

Q. T. P. Etird?—A. No. 

Q. R. D. Mabry?—A. I don’t see it on tlie list. 

Q. J. T. Coggins?—A. I don’t see it. 

Q. B. A. Williams?—A. Don’t see that name. 

Q. H. J. Smith?—A. No. 

Q. Do you And Harry .1. Smith?—A. I don’t see it. 

Q. Do you find H. A, Lilly?—A. I don’t see it. 

W. T. Biles?—A. Don’t see that. 

Q. H. O. Sink?—A. No; I don’t see that. 

Q. L. J. Green?—A. Don’t see it. 

Q. L. E. Wilson?—A. Don’t see it. 

Q. W'. C. Morton?—A. Don’t see that, either. 

Q. Mr. Little, you have examined the list certified by the sheriff and deposited 
with you; are you satisfied that the names I have called off to you aFe not on 
there?—A. They are not on here in the alphabetical form. 

Q. If there is any doubt as to any of these gentlemen I will be glad to call 
them again and let you look for them in order to be sure that they do not 
appear anywhere.—A. I do not see them anywhere on the list. 

Q. You will turn to North Albemarle, No. 1, and see if you find the name of 
T. N. Fesperman.—A. No; I don’t find it. 

Q. Do you find the name of W. P. Hinson?—A. Yes; I find W. P. Hinson. 

Q. Do you find the name of P. M. Mauldin?—A. No; I don’t seem to find 
Mauldin’s name. 

Q. C. W. Russell?—A. No; I don’t see C. W. Russell. 

Q. R. A. Casper?—A. I find Robert A. Casper. 

Q. Do you find the name of A. I. Walters?—A. No, sir. 

Q. C. F. Lowder?—A. No, sir. 

Q. C. .J. Crowell?—A. No. six. 

Q. Do you find the name of F. C. Biles?—A. No. 

Q. Do you find the name of W. E. Cress?—A. Yes. 

Q. C. P. Coggin?—A. No. 

Q. J. W. Hathcock?—A. I find Joe Hathcock; I do not find J. W. 

Q. Do you find the name of T. V. Green ?—A. No. 

Q. D. C. Lowder?—A. I find D. Crone Lowder. 

Q. E. P. Kirk?—A. No. 

Q. Find the name of A. L. Kirk?—A. No. 

Q. See if Gude M. Cooper appears.—A. No, sir. 

Q. W. C. Smith?—A. No, sir. 

Q. Find the name of N. B. Lowder?—A. No, sir. 

Q. J. R. Smith?—A. No, sir. 

Q. Find the name of Lentz Fesperman?—A. No; I do not see him. 

Q. Find the name of Lewis Milton?—A. No. 

Q. Find the name of Huston Hathcock?—A. No. 

Q. Turn to your Albemarle, No. 2, list, please. You have finished the cer¬ 
tified list as given you by the sheriff immediately after May 1; have you satisfied 
yourself that the names I have called, with the exception of the ones you said 
were on there, are not on there?—A. I don’t see them on there. 

Q. See if you find the name of Z. V. Martin?—A. No; I don’t see it. 

Q. Find the name of A. P. Roberts?—A. No. 

Q. Do you find the name of W. F. Rampey?—A. No. 

Q. Do vou find the name of T. W. Dobey?—A. No. 

(.}. Do you find the name of Walter J. Barbee?—A. I don’t see it. 

Q. Do .vou find the name of Jim Andrews?—A. No. 

Q. Do you find the name of John Knobe?—A. I don’t see it. 

(}. C. A. Nance?—A. No. ^ 

Q. Find the name of L. S. Barbee?—A No. 

Q. Do vou find the name of H. Biuin?—A. No. 

Q. Find the name of J. I.. Moser.—A. I don’t see it. 

Q. Find the name of B. D. Reeves.—A. I don’t see it. 

Q. R. A. Losing?—A. Don’t find it. 

Q. M. B. Simmons?—A. Don’t see it. 

Q. Ussery Dale?—A. I don’t see it. 

Q. Wiley Davis?—A. I find a Will H. Davis; don’t find Wiley Davis. 

Q. I have finished North Albemarle, No. 2; are you satisfied, Mr. Little, that 
the names I have called are not on there?—A. Unless they should be somewhere 
else in the list. 

57695—21-98 



1536 


CAMPBELL VS. DOUGHTON. 


Q. I you the list for North Albemarle, No. 3; see if you find the name 
of .T, ^Marshall iNIelton?—A. Yes. 

Q. No\a’ turn and see if you find the name of J. R. Gulledge?—A. Yes. 

Q. A. E. Idding?—A. I don’t see it. 

Q. Turn to your Center list and see if you find the name of Dunlap Hath- 
cock?—A. No; I don’t see it. 

Q. Turn to vour Tvson list and see if vou haA’e the name of Karl West?—A. 
Karl W. West*; yes. 

Q. ]Mr. Little, you testified the other day, if I remember correctly, that the 
registration hooks and poll hooks had been out of your office on two separate 
occasions?—A. That is correct; I don’t believe I made that statement when I 
was on the stand, but I did the first time I was on the stand. When I was put 
on the stand the first time I made that statement, but not the second time I was 
on the stand. 

Q. But that is a fact?—A. Yes; that is correct. 

Q. The first time the books were out of your office since they had been turned 
in there was when?—A. I don’t recall just exactly when they were taken out. 
The doctor carried them out—the first one, to my knowletlge, was when the 
doctor carried them over to Palmer. 

Q. That was on yesterday a week ago?—A. I think he carried some over there 
twice. 

Q. Then by that method they were taken out of your office three times?—A. 
Yes; but by the same party twice. That was the only hook taken out the 
second time; the book that was over at iMr. Price’s office was; No. 2 was the only 
book that was out of the office. 

Q. Who called for that hook?—A. Mr. Troutman. 

Q. AVas that the registrar?—A. Yes. 

Q. You accompanied the book over there, did you not?—A. Yes; but I did 
not stay with the book. 

Q. You did not, or did you, see any changes made in the hook while in Mr. 
Price’s office?—A. I did not see the book open AA’hile I was there. 

Q. Have you found the poll book for No. 1, North Albemarle, yet?—A. I 
don’t know where that book is. 

(}. Do you, to your knowledge, know of anyone that has taken that book out 
of your office?—A. I do not know what hooks Dr. Campbell took out of the 
office; I did not inquire; he picked up several and carrieil them with him, and 
I did not ask him. 

Q. So, to your own knowledge, you do not know it has been out of the 
office?—A. I could not say it has. 

Q. But you say you do know there was only one book taken to Mr. Price’s 
office?—A. Well, two books—the registration and poll books. 

Q. Mr. Little, you are aware by this time that the law expressly declares 
these books should be in the hands of the register of deeds?—A. I see that is 
what the law says about it. 

Q. This is a matter of request, and I want to know if you want to comply 
with that?—A. I do not know if I have the authority; they were turned over 
to me by the registrars. AVhatever is the legal thing to be done—I do not 
want to do anything illegal. 

Q. If the law says they should be in his hands, how do you think that 
^should be handled?—A. I think the registrars should turn them over to him. 

Q. Your version of the law is two wrongs make a right?—A. My version 
of the law is not any wrong makes a right. 

Q. Well, Mr. I>ittle, will you or will you not deliver the books to the regis¬ 
trar?—A. I will take the books down to the office, and the legal thing to be 
done I will do it. They were put in my piissession, and not at my request. 

Q. Air. George Palmer, register of deeds, is in your presence* and I ask you 
if you are not willing to turn them over to him now?—A. I will turn them 
over to him if that is the proi)er place for them. It has been a custom to have 
them left in the office since I have known anything about it. 

Q. What request would necessitate getting the books?—A. The request I 
want is a little information and find out what to do from my attorneys. 

Q. So, knowing the law, you willfully refuse to turn them over?—A. I do 
not willfully refuse to turn them over if I am properly requestfxl to do it. 

Q. I ask you if you have not been properly requesteil to do it?—A. I ab.so- 
lutely have not. 







CAMPBELL VS. DOUGHTON. 


1537 


Cross-examination: 

Q. Mr. Little, you say these books were left in your office by the registrars, 
and Dr. Campbell and bis attorneys and friends have had access to them to 
take them out of the office when they wanted to?—A. They have. 

Q. xVnd the books, you say, heretofore have been left in vour office years 
past?—A. Yes. 

Q. At the time these were left with you the register of deeds was a Demo¬ 
crat, the same as yourself?—A. He was. 

Q. Now, Mr. Tattle, these parties whose names were not found on the poll,- 
tax list as tiled in your office, do you know their names are not on the poll-tax 
list in any other precinct in Stanly County?—A. I do not know. 

Q. I ask you. Is it not a very common occurrence for a man to move from 
one precinct to another after he lists his polls?—A. Yes. 

Q. And to determine whether a man has paid his poll tax or not it is neces¬ 
sary to look on practically the entire list of the county unless you have per¬ 
sonal knowledge of his location?—A. I would think so. 

Q. Isn’t it also a fact that men move from other counties into Stanly and 
other counties from Stanly that list their poll tax?—A. Yes. 

Q. Would it have been possible for these parties to have listed their poll 
tax in other counties for the year 1919?—A. Yes. 

Q. Do you know, Mr. Little, of your own knowledge, how many, if any, of 
the parties name<l in this poll-tax list were soldier boys?—A. No; I do not 
know; I am not acquainted with the people in the county and therefore could 
not say how many. 

Q. Do you know how many, if any, of them were under 21 years of age on 
the 1st day of May, 1919, and not required by law to pay poll tax?—A. I do 
not. 

Q. Do you know how many were over 50 years of age on the 1st of May, 
1919, and not required to pay poll tax?—A. No. 

Q. The list as called, not being found on the list, is only very slight evidence 
that the parties are not duly qualitied voters?—A. I think it would be very 
slight evidence. 

Q. In regard to the registration and poll books that the only time any of 
the books were taken out of your office by Democrats was when one registra¬ 
tion and poll book was taken to INIr. Price’s office and when they had checked 
it they took it back to your office?—A. Yes. 

Q. Mr. Little, I will ask you if in the campaign you saw this circular here 
entitled “ Republicans, Take Notice and Act at Once,” in which it states soldier 
boys were exempted from poll tax; signed by J. S. Sapp?—A. I saw something 
like this. 

Q. Was it circulated in the country pretty generally?—A. I could not say; I 
saw them. 

Q. Did you see the Jim Cox circular?—A. I saw something like this. 

Q. State if you know who it was sent out by or if you have any general in¬ 
formation?—A. General rumor was it came out from Republican headquarters, 

(Contestant objects.) 

Q. State if you saw the circular—what we call the McAdoo circular?—A, Yes. 

Q. State if you have any information as to where it came from?—A, My 
information was the report came from the same place, Republican headquarters. 

Redirect examination : 

Q. You state that the registration books had been open to Dr. Campbell and 
his attorneys; who did you refer to as his attorneys at the time?—A. Well, Mr. 
Bogle, I am not sure who his attorneys are. 

Q. Which attorney came in your office with him and took the registration 
books out of your office?—A. I don’t think I said.' 

Q. Who came with him to examine them?—A. ]Mr. Bogle was with him once; 
I would not say about Mr. Burleson, but Mr. Bogle was in there once, but the 
books were open for Mr. Bogle, Reynolds, or Burleson—all of them. 

(Hearings adjourned, and notice of hearings resumed on the 12th of March 
is hereby given attorneys for the contc'stee, at Oakboro, at 10 o’clock a. m.) 

(Contestant’s Stanly County Exhibit No. 1.—The Stanly News-Herald; 
omitted in i)rinting.) 

(Contestant’s Stanly Exhibit No. 2.—The Badin Tribune; omitted in print¬ 
ing.) 


1538 


CAMPBELL VS. DOUGHTON. 


Hearing: of contestiHl-election case between James I. Cani])bell and Robert L. 
Dongliton resumed at Albemarle, Stanly County, May 2, 1921, before J. D. Lee, 
notary and commissioner of testimony, and Mrs. John H. Bolton, stenog:rapher; 
contestant, James I, Campbell, being present in person and represented by 
counsel, I. R. Burleson, W, E. Bogle, W. L. Campbell, and G. D. B. Reynolds; 
counsel for contestee, R. Ia Smith, W. L. INIann, H. C. Turner, J. R. Price, 
Brown, Sykes & Brown, R, R. Ingram, and A. C. Hnneycutt. 

J. A. HOWELL testified as follows: 

Direct examination: 

Q. In the hearing of IMr. Dough ton some time ago it was testified by ^Ir. 
Dawkins, of Badin, that you voted in the election held on November 2, 1920; 
state whether you did or not.—A. No; I did not. 

Cross-examination by ^Ir. R. L. Smith : 

Q. Were you registered there?—A. Yes; I registered, but I was under some 
apprehension that I was not qualified to vote, and I wrote the attorney general 
and he advised me not to vote, and I did not. 

Mr. B. H. WALLACE testified as follows: 

Direct examination: 

Q. It was testified here in Mr. Doughton's hearing that A. Maynard voted 
for Dr. Campbell and was reputed to be a Republican; state if she voted for 
Dr. Campbell and if you have examined the poll book.—A. No; ]Mrs. A. ^Maynard 
did not vote. 

Q. S. F. Dunnaway—do you know him?—A. Not personally. 

Q. Did he vote last election?—A. T’es. 

Q. It was testified here last week by Mr. Dawkins, if I mistake not, that ^Ir. 
Dunnaway voted for Dr. Campbell? 

(Contestee objects, on the grounds the witness says he does not know S. F. 
Dunnaway ; therefore he is not competent to answer the question.) 

A. He .voted Detnocratic according to the poll books kept by the clerk, by 
the Democratic poll holder and Republican. 

(Contestee objects to the answer, because he is not testifying from his own 
knowledge.) 

WILL HINSON testified as follows: 

Direct examination: 

Q. IMr. Hin.<5on, did you know Tom Stanley?—A. Yes. 

(1. His initials, I believe, are T. M.?—A. Yes. 

(j. You testified about this at Oakboro some time ago in Dr. Campbell’s 
hearing?—A. Yes. 

Q. Where did Tom Stanley live prior to the election?—A. No. 3 ward. 

Q. What township?—A. North Albemarle, ward 3. 

Q. How long has he lived in the State?—A. I do not know; he has been 
living there more than two years. 

Q. State, if you know, whether he had been in the county more than six 
months prior to the election?—A. Sure. 

Cross-examination by ]Mr. R. L. Smith : 

Q. Wife there with him?—A. I suppose so; I have been there to preaching 
several times. 

Q. Do you know of your own knowledge that his wife lived there with him?— 
A. Well, his wife was there when I was there. 

Q. I ask you if you do not know as a fact she had been in South Carolina 
and had not been in the State two years: in other words, his family had not 
been in the State two years?—A. I knew he had been living there, but where 
she had been at I could not say. 

Q. It was not two years that you saw her there?—A. It has been two years 
since I was up at his house. 

Q, But you do not know who was keeiiing house for him?—A. No; his wife 
was there when I was there. 

J, A. LEE testified as follows: 

Direct examination: 

Q. Your name is J. A. Lee?—A. Yes. 


CAMPBELL VS. DOUGHTON. 


1539 


Q. Where do you live?—A. North Alhermarle, ward 3 

Q. Do you know T. 2^1. Stanley?—A. Yes. 

C). How near does he live to you?—A. I live on one corner of the block, and 
he lives on the other. 

(Contestee objects to any further evidence concerning; T. M., Stanley, for the 
leason that the contestee did not offer any evidence whatever concerning T. M. 
Stanley; did not raise any question about him in any way.) 

Q. State how long he and his family had been living there prior to the elec¬ 
tion ? 

(Contestee objects to the evidence, becau.se it is not in rebuttal.) 

A. He had been there some time over two years; I do not know how long. 

Q. You mean to say more than two years prior to the election?—^A. Yes; he 
is pastor of that church. 

Q. State if his wife lived there?—A. Yes. 

((pontestee moves to strike out all the evidence of this witness, because it is 
not in rebuttal of anything offered by the contestee.) 

RUFUS HINSON testified as follows: 

Direct examination: 

Q. Your name is Rufus Hinson?—A. Yes; James Rufus. 

Q. You live in Furr?—A. Yes. 

(j. Were you at Stanfield, the polling place of Furr Township, on November 
2, 1920?—A. Yes; I was there. 

Q. What time did you get there?—A. Before sunup. 

Q. What time did the polls open? 

(The contestee objects for the following reasons: The contestee understands 
tile law to be that in this hearing it is contined entirely to rebuttal testimony 
of that offered by the contestee. This question of the opening of the polls was 
gone into fully by the contestant in his original hearing and the contestee 
offered no evidence except to rebut the testimony offered by the contestant, 
and the contestee now objects to any further evidence being offered by the 
contestant upon that question for the further reason that the contestee has no 
opportunity now to offer any further evidence in rebuttal of any new evidence 
that may be brought out by the contestant, and the law by which these contests 
are regidated expressly provides that this hearing shall be confined solely to 
rebuttal testimony, rebutting such testimony as was offered by the contestee in 
these hearings. The contestee objects to anything going into this record, ex¬ 
cept such as rebuttal only, of testimonjk" offered by the contestee on his hear¬ 
ings. The contestant desires to show by this witness facts in rebuttal to what 
was brought out by the contestee in his hearing. The ruling of the court is 
anything pertaining to the charges as made out in the original notice to the 
contestee pertaining to the evidence in this case is entitled to go into this 
record in this hearing. The contestee objects to the ruling of the court.) 

Q. I again ask you what time the polls opened for the electors to vote? 

(The contestee enters his objections for the reason hereinbefore stated.) 

A. Watch time, between 8.20 and 8.30. 

(Contestee objects to the answer.) 

Q. At the time the voting began, were there any electors around wanting to 
vote?—A. Good many. 

Q. About how many?—A. Guess something like 100 people, women and men 
together. 

Q. State how fast they were voted?—A. I did not time them; I heard others 
say so and so, but just as a guess it was between five and eight minutes on the 

start. . , 

(Contestee objects to the answer of the witness, because he states it is purely 

a guess on his part and not based on knowledge.) 

Q. You have heard talk that there was a conspiracy on the part of the 
Democratic election officials to hinder, delaj% and obstruct the voters, especially 
Republicans, from casting their vote. State, in your opinion, was that per¬ 
petrated in Furr Township at the November election, 1920? 

(The contestee objects to the question, first, because it is not in rebuttal of 
any testimony offered by the contestee, and, second, because the witness has not 
heretofore stated any knowledge on his part that renders him competent to 
answer this question.) 


1540 


CAMPBELL VS. DOUGHTON. 


A. It was the general belief of the people, and my car came down here with 
others to get information of the attorneys what to do; we saw we could not all 
get to vote at the rate they were making. 

Q. State if the conduct of the Demacratic election officers demonstrated to 
you tliat they were perpetrating a scheme to deprive the Republicans of their 
vote ? 

(Contestee objects to the question for reasons heretofore stated.) 

A. Well, it seemed to me that there was. Taken up hindrance in the house 
with the books more than necessary. 

(Contestee objects to the answer and asks that the same be stricken out be- 
ciuise the witness has not shown any knowledge on his part sufficiently to' base 
an answer.) 

Q. State, Mr. Hinson, if the boxes for voting in were placed in a way that 
hindered in the voting? 

(Contestee objects to the question, first, because it is leading and suggests to 
the witness the answer to be made, and, second, because the witness has not 
heretofore stated any knowledge on his part sufficiently to base an answer to 
the question.) 

A. I think so; it was in the back of the building and seems to me/ it’ would 
have been much lighter in the front where the windows were; don’t think there 
were any windows in the back. 

(Contestee asks that the answer be stricken out.) 

Q. State if there was plenty of light at the front of the building?—A. I think 
so ; good large windows. 

Q. Mr. Hinson, state if the Republicans tried to hinder the voting out there 
that day?—A. I seen none of it; they tried to get in and would get in as fast 
as the bailiffs would let them. 

(Contestee objects.) 

Q. Who kept them from going in to vote? State if it was the bailiffs or the 
voters. 

(Contestee objects to the question because it is leading and suggests an an¬ 
swer to the witness.) , 

A. No one hindered them unless it was the bailiff that I seen and I was there 
all day. 

Q. State if you saw any Republican electors crowded up there blocking the 
door where the electors went in to vote to keep them from going in?—A. I did 
not see anything to hinder them at all. 

(Contestee objects.) 

JOHN WALTERS testified as follows: 

Direct examination: 

Q. Your name is John Walters?—A. Yes. 

Q. Where do you live?—A. Furr. 

Q. Were you at Stanfield on November 2?—A. Yes. 

Q. Did you vote?—A. No. 

Q. You say you did not vote?—A. No. 

Q. Did you or anyone in your presence or anyone at all obstruct, hinder, or 
delay the voters from going into vote except the Democratic election officials at 
Stanfield? 

(Contestee objects to the question.) 

A. Why, no ; John Yow was bailiff and kept us from going in. We were ready 
to go in any time when they would open the door so we could go in. 

Q. Who hindered your progi’ess in going in?—A. .John Yow. 

Q. Was he a Democrat or Republican?—A. He was sure a Democrat. 

Q. Did you see any Republicans bunched up into crowds and obstructing the 
way?—A. No; I was anxious for them to get in. 

CALVIN HINSON testified as follows: 

Direct examination: 

Q. Your name is Calvin Hinson?—A. Yes. 

Q. Mr. Hinson, did you vote the day of the election?—A. Yes. 

Q. Did you see anyone or did you yourself get in the door or in front of the 
door so as to obstruct the voters from getting in and out of the building?— A. 
No; I saw a lot trying to get in. 


CAMPBELL VS. DOUGHTON. 


1541 


Cross-examination by Mr. R. L. Smith : 

Q. You voted for Dr. Campbell ?—A. Yes. 

Q. You stayed there all day?—A. No; I was there about half of the day. 
pnit of it? -A. I was there both parts; made a couple of trips. 

Q. \\eie you there in the afternoon?—A. I was there before sunup and 
stayed- ^ 

(Contestant objects to the answer of this witness along the lines he got there ■ 
he was not questioned as to when he got there or left.) 

Q. How long did you stay there that morning?—A. I suppose, 9 or 10 o’clock. 

Q. What time did you get back in the afternoon?—A. I was just gone lon<^ 
enough for my car to run home and back. 

Q. And stayed the balance of the day?—A. Until about 3 o’clock; then I 
came to Albemarle and suppose I was gone until 5. 

Q. Then, while you were away, you do not know what took place?—A. No. 

Redirect examination: 

Q. You say you came to Albemarle, and why did you come?—A. They, were 
so slow voting and came to Albemarle to get instructions to push up and see if 
we could get them voted faster. 

Q. What prompted you to come to Albemarle?—A. We seen them go out and 
take the poll books and go on the street and vote one lady and were messing 
along in the house. 

Recross-examination: 

Q. Who was that lady?—A. Mrs. Vass. 

Q. I believe she was a sick lady?—A. A whole lots abler than some I saw 
get in. 

Q. She was a sick lady?—A. She was on the streets walking. 

Q. You did not answer my question at all. You do not knoW, what took 
place while you were gone?—A. I did. I said I did not know. 

Q. You do not know what crowding was going on while you were not there. 
Well, about 6.50 people voted that day?—A. My recollection is 630. 

Q. That is over one a minute?—A. Right about that. 

MAC CRAYTON testified as follows: 

Direct examination: 

Q. Your name is Mac Crayton?—A. Yes. 

Q. l’'ou live in Furr?—A. Y'e.s. 

Q. How long have you lived there?—A. Sixty-two years. 

Q. Have you ever lived in Florida?—A. Never seen the State. 

Q. Mr. ,1. H. Mauldin testified here in Mr. Doughton’s hearing that you stated 
in his presence that you had been living in Florida and recently came back, just 
prior to the election, and slipped through and voted; state if that is true?—A. 
No truth in it; false from the beginning. 

Q. Have you ever lived out of Stanly?—A. No. 

Cross-examination: 

Q. Where did you go when you went out of the county?—A. I was one time 
down at Norfolk. 

Q. How long did you stay there?—A. One day, and two years ago I went to 
Arkansas. 

Q. How long did you stay there?—A. Twenty days from the time I left home. 

(}. So then you are not the Mack that made this statement to Mr. Mauldin?— 
A. I am the only Mac lives in Furr. 

Q. Can you swear positively that you are only Mac that lives in Furr?—A. 
Y"es. 

Q. How many voters in Furr?—A. I don’t know. 

Q. And you claim to know them all?—A. I do not know all, but I know 
there are no other Craytons by that name. 

Q. How do you know there are no other MacCraytons there?—A. There aint 
but three families living there in that township. 

Q. And you are the only Mac living?—A. Only one I ever heard tell of and 
there are other men from Furr; you can call them up. 

(j. Who was present with Mr. Mauldin when you made this statement?—A. 

I do not know Mr. Mauldin; I never had no such conversation with nobody. 





1542 


CAMPBELL VS. DOUGHTON. 


Q. I ask vou if you did not make the statement in tlie 
din that you had been out of the State and had not been back two 3 ears. , 

A. No. 

Q. So you are not the man?—A. No. . 

Q. You say there are three families of Craytons?—A. Three besides a widow 

''^^Has not H. D. some boys?—A. Not old enough to vote; he has a child he 
has raised there, but none of his own family. 

Q lie has a brother?—A. ISIath Crayton lives in Cabarrus, 
o’. How manv children have you?—A. Eight children living. 

Q. All living'in Furr?—A. No; some live in Concord, some in Albemarle, 

and some in Arkansas. . 

Q. And you went out to Arkansas and lived with one of your children. A. 

No; I just went on a visit. 


Redirect examination: 

Q. The time ^mu went to Norfolk was on business?—A. Excursion. 

Q. You and j'our wife have always lived in Stanly?—A. Born and raised in 

Stanly County. , . 

Q. .T. H. Mauldin testified that it was an aged man, and you know of your 
own knowledge there is no other CrajTon?—A. I know there is no other Mac. 

Q. Do j’ou know of an^" in Stanly?—A. No; I do not. 


.TOSHIA TREECE testified as follows: 

Direct examination: 

Q. You were present at the polling place in Furr Township on November 2, 
1920?—A. Yes. 

Q. Did! you crowd around the door or see anvone crowd a round, the door 
that had voted so it would obstruct the voters from getting in the house?— 
A. No. 

Q. How long were 3 mu at the polls that da^^ ?—A. All daj’ long. 

Q. Did you see the Republicans crowding so it would obstruct the people 
from getting in and voting?—A. Do not know that I did. 


V. PANZO HAHN testified as follows: 

Direct examination: 

Q. ]Mr. Hahn, you voted in Furr Township?—A. No. 

Q. State if you were there at Stanfield to vote on November 2?—A. Yes. 

Q. How long did you stay there?—A. Got there something like 8 o’clock and 
stayed until dark. 

Q. Did you see nny Republicans balling up in front of the door where the 
electors were to enter to hinder the electors?—A. No. 

Q. State what was the hindrance from going in?—A. Doorkeepers. 

Q. State if the voters went in at all times as fast as the bailiffs or door¬ 
keepers would allow them?—A. Yes. 

Cross-examination by Mr. R. L. Smith : 

Q. Were you standing there at the door watching them?—A. Mighty near. 

O. But notwithstanding Amu did not get in?—A. No. 

Q. Stayed there all day and never did get it?—A. Stayed until the boxes 
closed. 


A. .T. GREEN, testified as follows: 

Direct examination : 

Q. I\Ir. Green, in Mr. Dough ton’s hearing there was some question raised as 
to your right to vote in the last election in this county and in Tyson Town¬ 
ship—state where you were at the time of the election?—A. I lived with my 
brothei’ H. Green in Tyson. 

Q. How long had 3-011 been living there previous to the election?—A. Some¬ 
thing like a year and a half; I don’t remember exactly. INIy wife died the 
16th of October, 1918, and I went down not very long afterwards. I would 
say a year and a half at least. 

Cross-examination by INIr. Smith : 

Q. You still kept a furnished room in Monroe?—A. I rented my house; I 
rented all the rooms out. 








CAMPBELL VS. DOUGHTON. 


1543 


Q. You still kept one furnished room in Monroe for vourself?—A. I kept a 
lot of furniture. 

Q. And jon went back and forth to Monroe?—A. I have business there; I 
ha\e a faim in below' Monroe, but I do not make Monroe my home; have not 
since my wife died. 

Q. So then you are a sinj;:le man?—A. Yes. 

Q. So you still keep your furniture at Monroe?—A. I sold some and stored 
some in the room, but the room is occupied by the lady that runs the boarding 
house. 

Q. When did you sell this last furniture, the last sale you made?—A. It wms 
<vbout the last of 1918 or first of 1919. My w'ife died the 16th of October and 
I sold—it taking me tbe balance of the year to get rid of the furniture. 

Q. Did you vote in Tyson in tlie school election the spring of 1920?—A. No; 
I think I w'as visiting in Washington City wdien they had the election. 

Q. And did you list your taxes in Tyson in the spring of 1920?—A. I think so. 
Q. Are you certain about it?—A. Y^es; I w'rote to .Tohn M. Reed. 

Q. hat taxes did you list there?—A. I don’t remember. 

Q. Personal or some real estate?—A. I don’t reckon there wms much per¬ 
sonal about it. 

Redirect examination : 

Q. Y’ou say your borne has been since the death of your wife in Tyson?— 
A. Yes; w'ith my brother H. L. Green. Not right after, it taking me four or five 
or six monthS; after she died, and as soon as I could get my business ar¬ 
ranged I w'ent and made my home there. 

Q. l^ou made it there six months prior to the election?—A. l^es. 

Recross-examination; 

Q. Did you pay board?—A. No; they did not charge me. 

Q. What w'ay w'ere you living there?—A. As one of the family. 

Q. How' old are you, ]Mr. Green?—A. Sixty years old. 

Q. And you did not list any personal property in Tyson in the spring of 
1920?—A. I am going to list some there this time if I did not then. 

Q. I w'ant to know' wdiat you did last spring?—A. I had some stamps and gold 
bonds; I had some clothes. 

Q. Didn’t you have money and all those things?—A. No; did not have any 
money. 

Q. But you have to make a return anyhow’?—A. I don’t remember w^hat I 
gave in. 

Q. Can’t you refresh your memory and tell us?—A. I told you all about 
the taxes that I can. 

(The attorney for the contestee gives the witness an opportunity to examine 
the tax records in the courthouse where he is now' testifying and come back 
on the stand and answ'er this question later if he desires to do so; if not he 
may leave it unansw^ered just as he desires.) 

Mr. H. L. GREEN testified as follow's: 

Direct examination; 

Q. The w'itness just gone off the stand is A. J. Green; he is your brother?—• 
A. Yes. 

Q. Where does he live?—A. With me. 

Q. How' long has he lived with you?—A. Some time in the fall of 1918, 
probably November. 

Q. Had he been living w'ith you more than six months prior to the November 
election, 1920?—A. Yes. 

Q. More than a year?—A. Y^es; something like two years. 

Cross-examination by Mr. R. L. Smith ; ^ 

Q. Pie W'ent back and forth to Moni'oe?—A. Yes; did go over as he had 
business. 

Q. Did he conduct or carry on any business in this county?—A. Not to 
amount to anything; said he could not stay over there, as it w'as too lonesome, 
and I told him to stay with me. When he came w'e w'ere lonesome, too, and 
we gave him a room, and his clothes are all in that. 

Q. Y^ou gave him his board?—A. Y^es; he loves to work; he thinks exercise 
is good for his health, and me and him together makes a pretty good hand. 

Q. Says exercise is good for his health?—A. He told me lie w'anted some¬ 
thing to do like farm w'ork; he is bothered wdth h’*gh blood pressure. 

Q. So then he w'as working for his health?—A. Yes. 


1544 


CAMPBELL VS. DOUGHTON. 


Mr. ISAAC COOPER testified as follows: 

Direct examination: 

Q. Your name is Isaac Cooper?—A, Yes. 

Q. Y^ou live in Tyson?—A. Yes. 

Q. Yon voted there last election?—A. Born and raised there; never lived' 
anywhere else. 

Q. Lived there all yonr life?—A. All except 10 years I lived up town about 
10 or 12 years ago; never gave my taxes anywhere else. 

Q. How long yon been back in Tyson before the election?—A. Nearly 12 years; 
longer than that. 

Q. There was some question as to your right to vote brought up in Mr.. 

' Doughton’s hearing and that has prompted the questions I asked you. 

Cross-examination by Mr. R. L. Smith : 

Q. Your wife living?—A. She has been dead about 22 years. 

Q. "Who were you staying with in Albemarle?—A. I boarded with old man; 
Tom Mauldin. 

(}. How long you stay there?—A. I really can’t tell; when I was not able- 
to work I went home. 

Q. You worked in the mill?—A., Yes. 

Q. And yon boarded there with him?—A. Y^es. 

No other family except yourself?—A. No; nobody to look after but 
myself. 

Q. Nobody lives with you; you don’t keep house anywhere?—A. No. 

Q. What time did you come up here last spring?—A. I really don’t know; 
some time in March. 

Q. Then you stayed here off and on up until what time?—A. Until August. 

Q. And you boarded with whom?—A. Old man Tom Mauldin. 

Q. And worked in the mill, and that was the only occupation you had—work¬ 
ing in the mill?—A. Yes. 

Redirect examination : 

Q. You had a farm in Tyson?—A. Yes; but my son-in-law lives on the farm.. 

Q. You have a home there?—A. Yes. 

Q. You keep all your things there?—A. All I have. 

Q. You went home every week or so?—A. Yes; sometimes I go and stay two 
weeks at a time. 

Q. You came up for temporary work?—A. Yes. 

Recross-examination: 

Q. You did not cultivate any, because you had it rented out?—A. Yes. 

Q. And you came up here and worked in the mill?—A. Yes. 

Q. And when you went back you were visiting your son-in-law and daugh¬ 
ter?—A. I went back home. 

Q. So you went back to visit your daughter and son-in-law?—A. I went to 
see them; 1 went home sometimes every two weeks. 

Q. That was your place where they lived and you went to see them?—A. Y^'es.. 

Q. And when you would get through your visit you would come back up< 
here?—A. Yes. 

Q. And you wmrked in the mill?—A. Yes. 

Q. As long as you had a job you worked in the mill?—A. No; I quit; I 
got sick. 

Q. In August?—A. About one week in August. 

Q. Y^ou got sick in August and went back dowm and stayed; you did not 
come back any more in that fall?—A. No; I have not been back. 

Mr. PUETT SIMPSON testified as follows: 

Direct examination: 

Q. INIr. Simpson, I will ask you to state why you did not vote in the last; 
election ? 

(Contestee objects to the testimony by this witness, it being stated by the 
attorney for the contestant that it is an entirely new matter.) 

A. The reason I did not vote—the day before the election somebody sent my 
daughter a paper with nine big darky pictures on it, and I studied about it and 
did not know what to think about it, and I studied about it and decided next 
morning I would not go to the election if it was going to slur my daughter. 





CAMPBELL VS. DOUGHTON. 


1545 


paper was this; do you remember?—A. I do not know the name of 
It; I have not got any education. 

(The attorney for the contestee moves to strike out all the testimony of this 
witness, for it is new matter.) 

I show you a paper, headed the Badin Tribune, and ask 
you It that is the paper containing the picture that was sent you?—A. Yes; 
sent to my daughter. 

Q. And you state that this was the reason you did not vote in the last 
election?—A. Yes. 

Q. For whom did you intend to vote for Congress?—A. James I. Campbell. 

(J he contestee moves to strike out all of the testimony of this witness and 
©xhibit offered by contestunt for the reo.soii that it is entirely new matter.) 

Mrs. PUETT SIMPSON testified as follows: 

Direct examination: 

Q. You have heard Mr. Simpson testify as to why he did not vote in the last 
election ; I ask you if the same reasons kept you from voting?—A. On account 
of that picture is what kept me from v^oting. 

(The contestee objects for the reason that this is entirely new matter.) 

Q. F\)r whom were you going to vote for Congress?—A. Mr. Campbell. 

Q. Were you registered?—A. Yes. 

(The contestee moves to strike out all of the evidence of this witness for 
the reason that it is entirely a new matter.) 

Mrs. EUGENE B. INIEECHAM testified as follows: 

Direct examination: 

Q. You live in Center Township?—A. Yes. 

Q. State whether or not you have had any conversation, or whether or not 
you had prior to the election any conversation in regard to the Negro picture 
on the Negro circular letter?—A. I had none in regard to the letter, although it 
was in the paper there was a paper sent me through the post office and my little 
girl took it out when we were going from church and she was going down the 
street and Mrs. Fannie Dunlap- 

(The contestee in apt time enters objection to the testimony of this witness 
for the reason that there was nothing brought out by the contestee pertaining 
to this matter and it appears to be new matter, and reserves the right at the 
close of the hearing of this testimony to ask that all of her evidence in which 
any new matter is referred to may be stricken out.) 

Q. You spoke of Mrs. Fannie Dunlap; she was the wife of the registrar for 
the last election?—A. Yes. 

Q. Go ahead and tell us the conversation? 

(The contestee ol)jects to any conversation which she has had with the third 
person as being incompetent evidence.) 

A. She came up and said let me show you what they are doing and who they 
are putting in. I had not seen the paper up to this time and Mr. Harding’s 
picture was on the front and she said look at him, his great grand mother was 
a Negro and look at his nose, just like a Negro’s, and I said I can’s help that, 
and then she said, besides that he is not by himself, and there was not very 
much more said except vv'e passed a few words concerning the election and I 
told her I did not know anything because I was taking no part in it whatev^er. 

Q. Did you see any more of these pictures down there?—A. A good many 
others, but this was the only one I noticed. She fold me to take it home and 
read every word of it and T told her I had no time for it, but the children 
taken the paper home but that was the last I noticed. I could not tell you the 
name of it but the colored people was on the front of the paper. 

Q. With Senator Harding?—A. Yes; he was in the center. 

Q. This woman that you had the conversation with was very much inter¬ 
ested in getting this circulated, was she not, or seemed to be? 

(Contestee objects to the question for the reason that the witness can only 
state the facts and that the court will draw the conclusions.) 

A. Yes. 

Q. And you also stated that Mrs. Dunlap was the wdfe of J. C. Dunlap, the 
registrar?—A. Yes. 

Cross-examination by Mr. R. L. Smith : 

Q. Did you register Mrs. Meecham?—A. No; not for that election. 

Q. Up to that time you had never registered?—A. No. 




1546 


CAMPBELL YS. DOUGHTON. 


Q. So you did not intend to vote?—A. No; I had not intended to vote thouj-h 
they never asked me, hut she rellected on the Republican Party and I did not 
like it because my father was a Republican and I did not thank anybody o 
throw olf on them. 

Q. But you did not intend to vote?—A. No. . t i ^ 4 . ^ ^ 

Q. This was after the registration books had closed?—A. 1 don t think tne 

books were closed. 

Q. How long before the election was this?—A. I could not tell you. 

Q. Was it a day or two days?—A. It was over a week and probably two 

weeks. . , . 

Q. So this picture did not keep you from voting? A. Yell, really this pic¬ 
ture did not keep me from voting and in fact the slurs would only have in¬ 
creased in one sense because they had stated these facts about them and I 
told them so far as presidents were concerned and their character I did not 
know whether one was any better than the other. 

Redirect examination: 

Q. You say this happened before the registration books closed?—A. I think 
so; I am not positive about that. 

Q. You did not register and did not vote?—A. No. 

Q. You understood that these were sent out to intimidate the Republican 
voters?—A. They certainly must have been. 

(The contestee objects as to the answer and also to the question.) 

Recross-examination: 

Q. I believe you said you did not intend to register?—A. No. 

Q. So this did not keep you from registering and voting?—A. I can not say 
that it did. 

(At the close of Mrs. Meecham’s testimony the contestee moves to strike out 
all of her testimony, because it is new matter and is not in rebuttal of any¬ 
thing offered by the contestee.) 

Mrs. FANNIE LEE testified as follows: 

Direct examination : 

Q. Mrs. Lee. please state what conversation if any, you held wuth IMrs. Jane 
Blake and Adeline Tliompson in regard to their vote on election day? 

(The contestee objects to any conversation which the witness had with an¬ 
other party, for the reasons that it is new matter, and further it is entirely hear¬ 
say and not competent.) 

A. I was over there to see them a few days after the election and was talk¬ 
ing with them, and they told me some of the neighboi’s were mad with them 
since the election and would not speak to them and said Mrs. Huff had been to 
see them and they ought to have a perfect right to vote as they pleased, and they 
said, “ Well, T you were in the shape that we were in, you would have done 
like we did. We were paid $15 or $20 to vote, and the money did us more good 
than the vote did. 

Q. She stated that she was paid?—A. Fifteen or twenty dollars. 

Q. To vote what?—A. The way they voted. 

Q. How d'd they vote?—A. Democrat, she told me. 

Q. She told you she voted a Democratic ticket?—A. I suppose everybody 
knows. 

Q. She told you that and also told you she got fifteen or twenty dollars?—A. 
Yes; and the money would do them more good than the vote did. 

Q. What did she say about voting the Republican ticket?—A. That is what 
she said about it; one spoke and said they were principally on the other side. 

Q. Meaning the Republican side?—A. That is what she said; w^e are prin¬ 
cipally on the other side. 

(The contestee moves to strike out all evidence of this witness for the reason 
it is purely hearsay and second it is entirely a new matter and not in rebuttal 
of anything offered by the contestee.) 

D. B. LEE testified as follows; 

Direct examination: 

Q. State whether or not you held a conversation with IMrs. Jane Blake or 
Adeline Thompson before or after the election in regard to their voting?—A. 
About a month after the election they came over about some flour, and asked 
me if I would bring them over a sack of flour and- 



CAMPBELL VS. DOUGHTON. 1547 

(The contestee objects to the evidence of this witness, for the reasons stated 
in his objection to the evidence of Mrs. Fannie Lee above.) 

A. I carried them over a sack of tloiir and carried it in and they paid me 
and pulled out a new $5 bill and said this is some of our election money and I 
said, well, that is good; in about a month after that they wanted another sack 
and I carried that to them and they paid me for it and said this winds up our 
election money, and that is all I know about that. 

(The contestee moves to strike out all of the evidence of this witness because 
it is entirely a new matter, not in rebuttal of anything brought out by the 
contestee and is purely hearsay.) 

Q. What has been, up until the last election, the reputed politics of these two, 
Mrs. Jane Blake and Adline Thompson? 

(The contestee objects for the reason the women had never voted any elec¬ 
tions prior to this time.) 

Q. State their reputed politics or the reputed politics of their family?—A. 
They were Republicans. 

(The contestee moves to strike out the question and answer.) 

Q. You know they voted the Democratic ticket this last election?—A. I 
know they said they did. 

(The contestee moves to strike out the question and answer for it is purely 
hearsay.) 

Mr. W. H. SMITH testified as follows: 

Direct examination: 

Q. Your name is W. H. Smith?—A. Yes. 

(^. Where were you living at the last November election, 1920?—A. North 
Albemarle. 

Q. What w^ard?—A. No. 2. 

Cj. Do you know S nip Cox?—A. Yes. 

Q. State what conversation you had, if any, with him prior to tlie election 
and when?—A. It was on October 24 he came to my house on Sunday evening 
and said he had just been up to Democratic headquarters. 

Q. Did he say when he had been up?—A. If had just been a night or two; I 
don’t know whether he said the exact night, and said that the Republicans had 
them beat; that is what he said the Democrats said, and they would have to 
challenge and knock out 500 and hold up the election; I reckon it is hard to 
tell who he said said that. 

Q. Say the Republicans had them beat, and in order to carry the day they 
would have to knock out 500?—A. Yes. 

Q. Where was this conversation at?—A. At my house, on my porch. 

Q. Who was present besides you and Cox?—A. Me and him and Homer. 

Q. Who is Homer?—A. My son. 

Q. State what other conversation, if any, that he would continue to visit Dem¬ 
ocratic headquarters?—A. He said he would visit every meeting and report and 
keep us right up on it. 

Q. State if there was any other statement relative to instructions as to 
how they should manage this matter?—A. Well, said they would have to be 
mighty careful, that the Nation might go Republican and they might get into 
trouble. 

Q. That they would have to be mighty careful, that the Nation might go Re¬ 
publican?—A. Yes. 

HOMER SMITH testified as follows: 

Direct examination: 

Q. Your name is Homer Smith?—A. Yes. . ^ ^ a 

Q. You testified in a former hearing as to this conversation with Cox?—A. 

Y"e.s. 

Q. I ask you if you recall whether or not he had a conversation with your 
father in your presence—was anything said relative to being careful about this 
scheme thev were putting on?—A. Aes ; there was. 

Q. What was that; I did not ask you about this on the former hearing i 

(The contestee objects to this because it is new matter and so admitted by the 
attorney for the contestant, this witness having been examined heretofore and 

testified concerning this matter.) ^ ^ i -oa if 

A Well he went on to say that if they could not knock out at least oUO it 

was going Republican; said the Nation was going Republican anyway; no 


1548 


CAMPBELL VS. DOUGHTON. 


doubt about that; and said we have to be careful about this thing; the Federal 
fellows might prosecute us if they catch us. 

(The contestee moves to strike out the evidence of this witness because it is 
entirely new matter, which the contestee has no opportunity to rebut.) 

MARTIN HARRIS testified as follows: 

Direct examination: 

Q. Your name is Martin Harris?—A. Yes. 

Q. AVhere do you live?—^A. Palestine. 

Q. Where did you vote in the November election, 1920?—A. Palmerville. 

Q. Do you know Martin Blalock?—A. I sure do. 

Q. Did he vote?—A. Yes. 

Q. Where did he vote?—A. Albemarle, ward 2. 

(The contestee objects, as there has been no evidence brought out in connec¬ 
tion with Blalock, and it is entirely a new matter, in which the contestee has 
no opportunity to rebut.) 

Q. Do you know who he voted for, what ticket?—A. Democratic ticket. 

Q. At the time of the election where was he living?—A. Boarding with his 
daddy. 

Q. Where does he live?—A. Palmerville. 

Q. Where was his wife?—A. Maryville, Tenn. 

Q. State of his wife lived in Maryville, Tenn.?—A. Yes. 

Q. And he voted a Democratic ticket?—A. Y"es. 

Cross-examination by Mr. R. L. Smith : 

Q. Did you see him vote?—A. Yes. 

Q. Did you come with him?—A. I come with him and stayed with him. 

Q. How do you know how he voted?—A. I saw him get his ticket. 

Q. You do not know how he voted, do you?—A. Y'es. 

Q. Will you swear that he put that ticket in that box?—A. Yes. 

Q. How do you know but what he had another ticket in his pocket?—A. He 
put the one he had in his hand. 

Q. You said you saw him get his tickets?—A. I seen him get his tickets. 

Q. Didn’t he walk up the stair?—A. Yes; I went all the way with him. 

Q. You saw him put them in the box?—A. I saw him get the tickets and 
saw him put them in the box. 

Q. You said a while ago you saw him go up the steps.—A. I seen him do it. 

Q. Why is it you are putting it now you saw him put them in the box?—A. 
Well, I saw him go up the steps and put it in the box. 

Q. Did you read his ticket?—A. I saw him get them all out of the Democratic 
box. 

Q. How do you know he did not get a Campbell ticket?—A. I seen him get it. 

Q. Did you see him get a Doughton ticket?—A. I seen him get his tickets 
out of the Democratic box. 

Q. I asked you if you saw him get a R. L. Doughton ticket?—A* I never 
saw the name on the ticket. 

Redirect examination: 

Q. Y^ou saw him go up to the Democratic table where they had the tickets 
and get a full set of tickets?—A. Yes. 

Q. Were there any Republican tickets on that table?—A. None that I seen. 

Recross-examination: 

Q. There might have been, for what you know?—A. I did not see it. 

Q. In fact, you do not know whether he voted in the congressional box, do 
you?—A. He got a full set of tickets. 

Q. Did he get both amendment tickets?—A. I don’t know as I can swear to 
that. 

Q. Did he get a county ticket, township ticket?—A. They had them all 
pinned together. 

Q. Do you know what was in the batch?—A. No. 

Redirect examination: 

Q* He is leputed to be a Democrat and you saw him go the Democratic 
table?—A. Y'es. 

Q. He had a full set pinned together that were prepared by Democrats 
ready?—A. Sure. 





CAMPBELL VS. DOUGHTON. 


1549 


Recross-examination: 

Q. All yon know is lie got a batch of tickets pinned together off the Demo¬ 
cratic table?—A. Yes. 

Mr. .T. A. LITTLE testified as follows: 

Direct examination: 

Q. Yon are the clerk of the Superior Court of Stanly County?—A. Yes. 

Q. Yon have here with yon the registration books for Big Lick and Fnrr 
townships?—A. Yes. 

(Stanly Comity rebuttal Exhibits 2 and 3 offered as further evidence as to 
the qualification of voters examined in the two precincts of Fnrr and Big 
Lick. The contestee objects to the registration books of Big Lick and Fnrr 
being introduced; first, it is new matter, there being a great many things in 
said books that in no way tends to rebut a thing brought out by the contestee. 
For the further reason that said books of themselves are no evidence of the 
qualification of voters in said townships to vote except the bare fact that they 
are registered only. The contestee further objects to the introduction of said 
books in evidence because they are the original records and the contestant has 
no right in law to take said books out of the hands,of the custodians to whom 
they belong and place same in evidence. The only thing he could do would be 
to take a copy of said books; that the original records themselves can not be 
used for this purpose in a contest of this kind, they being exclusively county 
property and the State and Congress has no authority over them.) 

Q. Mr. Little, you have been the custodian of these books since they were 
turned into your office right after the election?—A. Yes; and prior to that time 
I had charge of the old books. 

Q. I offered these registration books as further evidence as to the quali¬ 
fication of voters who testified previously and an objection has been lodged by 
the counsel of the contestee to their being taken out of the county and your 
custody, I ask you if it is your wish that they should remain in your custody 
and if you protest to their being taken out of same?—A. Yes; it is my wish 
that they remain in my custody until legally removed, any copies you should 
want you can get certified copies of the registration books any time you want it. 

(Hereupon counsel for the contestee states into the record that counsel for 
contestant told the witness to take said books back with him and to strike out 
the identification heretofore put on said books.) 

Mr. M. A. WHITLEY te.stified as follows: 

Direct examination: 

Q. I hand you a list of names of voters who have testified in various hearings 
of Dr. Campbell, and ask you to read the names and state whether or not you 
have examined the registration book for Furr Township and whether or not 
you find them registered? 

(The contestee objects for the reason that it appears to be new matter and 
for the further reason that the registration books themselves would be the best 
evidence.) 

A. Benton Dry, Israel Barbee, T. M. Almond, Adam Page, L. R. McClure, 

C. P. Talbert, .1. D. Huneycutt, .1. A. Furr, Philas Morgan, S. M. Hartsell, Ben 
Presson, ,Tohn Waters, P. H. Huneycutt. T. G. Smith, George Morgan, C. R. 
Barbee. L. C. Coley, Clyde Purr, Albert Canup. 

Q. Have you examined the registration book for these names?—A. I have. 

Q. Do you find them registered?—A. I do. 

Q. I hand you a list of voters examined in the hearing of Dr. Campbell from 
Big Lick and ask you to read them, please? 

(The contestee objects first because it appeals to introduce new evidence 
into the record and for the reason that the registration books themselves are 
the best record.) 

A. .1. H. Edwards, .John A. Hartsell, Silas A. Huneycutt, .John F. IMorgan, 
V. M. Green, Will A, Hartsell, A. G, Morton, .T. Spurgeon Sasser, J. E. Morton, 

D. Bost Hin.son, Charlie E. Miller. 

Q. Have you examined the registration book for Big Lick and do you find 
these people registered?—A. I do. 

Q. You have examined the books and you find these names registered?—A, 
Yes. 


1550 


CAMPBELL VS. DOUGHTON. 


(The contestee moves to strike out all of the evidence of this witness, both, 
of Big Lick and Furr, as it apparently is entirely new evidence and the regis¬ 
tration books themselves would be the best evidence.) 

J. W. BROWN testified as follows: 

Direct examination; 

Q. I hand you a list of names and ask you to read these names and state 
whether or not you found them registered in South Albemarle precinct? 

(Contestee objects to this evidence for the reason that it appears that the 
answer will bring forth new evidence, for the reason that the registration 
books would be the best evidence, and for the reason it does not appear that 
this witness examined the South Albemarle books or had anything to do with 
them.) 

A. April 29, 1921, I compared the poll book with the registration book. 

Q. You will read the names that you found on the poll book and the ones you 
did not find on the registration book?—A. Mrs. M. A. Arey, Fannie Bollick, 
Ola Dry, Mrs. E. C. Harris, Fannie E. Jordan, G. P. Smart, Ira P. Bollick, 
Litha Chrisco, Mrs. A. M. Floyd, Rhonie Hartsell, L. O. Rummage, T. P. Wat¬ 
kins. 

Q. You have completed your list?—A. Yes; that is the names I found on the 
poll book and did not appear on the registration book. 

Q. You examined the poll book and found the names you have just read as 
having voted, you then examined the registration book for the same ward, 
which is South Albemarle, and did not find them as having registered for the 
November 2, 1920, election?—A. They did not appear. 

(The contestee moves to strike out all the evidence of this witness for the 
rea,son it is entirely new matter, never been brought out heretofore and that 
the contestee has no opportunity whatever to rebut same.) 

Cross-examination: 

Q. Did you examine both the registration book for 1920 and 1918?—A. No; 
I examined the 1920. 

Q. You did not examine the 1918 to see if the names were brought forward?— 
A. No; just the 1920. 

(The counsel for the contestant and contestee having agreed that Mumford 
Kimmery has been and is under subpoena, that he is not present to testify in 
person, and rather than delay the court to await his appearance it is hereby 
admitted by attorneys for the contestee that said Mumford Kimmery if present 
would swear that he moved from Center to Tyson Township the ist of July, 
1920, both townships being in the same county.) 

(Hearings adjourned until Friday, the (5th day of May, 1921, 10 o’clock a. m.) 

(Stanly County rebuttal Exhibit No. 1.—The Badin Tribune; omitted in 
printing.) 

North Car )lina, Ashe County: 


CERTIFICATE. 

In the matter of J. I. Campbell, contestant, v. Hon. Robert L. Doughton, 

contestee. 

I, E. J. .Tohnson, a justice of the peace, in the above-entitled action do hereby 
certify that the inclosed is a true and correct record of the evidence as heard 
before me on Wednesday, May 4, at Jefferson, N. C. 

Witness my hand and .seal this 24th day of June, 1921. 

[seal.] P] j Johnson, 

Justice of the Peace and Commissioner of Testimony. 

I, P. L. INIiller, notary and commissioner of testimonv in the above-entitled 
action, do hereby certify that the inclosed is a true and correct record of the 
evidence as heard before me on Friday, May 6, 1921, at Jefferson, N C 

Witness my hand and seal this 30th day of June, 1921. 

[seal.] P l INIiller, 

Notary and Commissioner of Testimony. 

INIy term as notary expires February 7, 1923. 


CAMPBELL VS. DOUGHTON. 


1551 


PKOBATE—CEKTIFYING JUSTICE OF THE PEACE TO ANOTHEK COUNTY. 

State of North Carolina, 'Ashe Coiinty, ss: 

The foreiroiiig certificate of E. J. Johnson, a justice of the peace of Ashe 
County, is adjnclsed to be correct; and I, J. D. Stansberry, clerk of the superior 
court of sai(I county, do hereby certify that E. J. Johnson was, at the time of 
sijrniiig the foregoing certilicate, a justice of tlie peace in and for the county of 
Ashe and State of North Carolina, and that his signature thereto is in his own 
proper handwriting. 

In witness whereof I hereunto subscribe my name and aifx my official seal 
this 24th day of June, A. I). 1921. 

[seal.] j. I). Stansberry, 

Clerk, Superior Court. 

This hearing was had before E. J. Johnson, a justice of the peace in the 
county of Ashe, in the rebuttal testimony in the matter of Janies I. Cam])bell, 
•contestant, against Robert L. Doughton, contestee, was heard in the town of 
Jefferson on Wednesday, May 4, 1921. at the courthouse; the contestant was not 
p/i'esent in person but was represented by C. B. Spicer as attorney. The con¬ 
testee, R. L. Doughton was not present but was represented by his counsel 
Bowie & Austin. The evidence was taken by Ensa L. Perkins, stenographer, 
who was duly sworn to keep accurate record of the evidence taken and report 
the same. 


R. H. HARDIN, witness for contestant, testified as follows: 


Direct examination by C. B. Spicer : 

Q. Mr. Hardin, where was your home on November 2, 1920?—A. Beaver 
Creek, Ashe County. 

Q. The evidence of the contestee discussed that on and prior to November 
2, 1920, you were a citizen and resident of the State of Virginia.—A. Absolutely 
false,; never was a resident of the State of Virginia in my life and not yet, 
up to date. I am resident of the State of North Carolina and Beaver Creek 
is my post office, 

(}. How long a resident of North Carolina?—A. Twenty-five years; in and out, 
but been a voter here for 12 years, 

(}. For Old Fields Township?—A. On the permanent roll, 8 to 10 years. 

Q. The evidence of the contestee discussed that your wife and children were 
in Abingdon.—A. Been there for two years at the Belmont Hotel. 

Q. For what pui'iiose have they been there?—A. As boarders, for the pur¬ 
pose of sending to school at Martha Washington College two children, one 17 
and one 8 . Couldn’t separate the children. Mighty heavy expense on me. 

Q. Have you had any home over there?—A. I bought a home there in last 
February or IMarch and never moved to it. Mr. Campbell lives in it; D. F. Camp¬ 
bell lives in it, pays me $30 a month. I live on Beaver Creek and work out of 
Bristol, Tenn. Worked for them for 7 years. 

Q. So your residence for voting was in Ashe County, Old Fields Township, 
last election?—A. For years. I voted here three elections. Couldn’t be any 
question about my home being at Beaver Creek. 

Q. You are traveling salesman?—A. Yes, sir; I work out of Bristol, Tenn. 

Q. You have been around over Ashe County during the registration period for 

last election?—A. Yes, sir. . 

Q. And have been in the county and over the county since the last election?— 

A. Oh, yes; time and again. 

Q. From what you know and what you have heard concerning the election 
held on November 2, 1920, was the election held and carried out 

fairly and impartially? . + 14 . 

(Contestee objects to the foregoing question and answer for the reason that 
the same calls for hearsay evidence and irrevelant and incompetent.) 

A." That if things go on as they was carried on the country will be destroyed. 
I had to vote under protest, almost a fight with the registrar for my wife and 
me to vote. That’s a fact. 


Q. 

Q. 

Q. 


Cross-examination by T. C. Bowie : 

Has vour wife ever lived in Ashe County?—A. Yes, sir. ^ 4 . , 

How long. Rich, was she here?—A. About a couple of months at Fleetwood. 
At Fleetwood about two or three months?—A. Something like that. 


57695—21 


99 




1552 


CAMPBELL VS. DOUGHTON. 


Q. Do you remember what year that was?—-A. No, I don’t; I haven’t got the 
date with me, about two years ago. 

Q. Witnesses testified on the other hearing that in the Bowen trial between 
yourself and Bowen, I beileve it was, that you swore that you were a citizen 
of Virginia.—A. I absolutely deny the charge. False. 

Q. Did you make such a statement in any trial in this court? In suit of 
yourself against Vannoy and Ben Phillips you testified you were a citizen of 
Virginia?—A. Absolutely false. I never have testified I was a citizen of Vir¬ 
ginia in my life. 

Q. Did you ever testify that your home was in Virginia?—A. Absolutely not. 
I lived in Roanoke once. 

i}. You say you had some trouble with the registrar, Jim Houck?—A. Yes, 
sir; I did. 

Q. Did you abuse him, fight him?—A. I got a special-delivery letter. Mr. 
Bowie, I was aiming to vote for you. I got a special-delivery letter that said 
Lee Campbell challenged me and my wife. I got on horse and quickly as I 
could, part of the way on the horse and part of the way in a buggy. I says, 
“Jim, you challenged me and my wife; she has come from Virginia under a 
heavy expense. It took me about three days to find you; you were out register¬ 
ing folks day and night.” We had to wait till he come in; finally we found 
him at the precinct and registered then. I understood by registered letter that 
my wife and me had been challenged. I went to the precinct, and I went in a 
little rough. I says, “ Mr. Houck, I have understood you marked me from the 
book without my protest?” He says, “ Y^es, sir.” “Now,” I says, “Lee Camp¬ 
bell, I understand, challenged me. My information is,” I says, “ if that is the 
way you are going to work this thing, you are going to have some trouble, some 
harsh words.” He says, “ Dick, I know you, and we will just settle this. You 
and your wife are legal voters.” I walked out. 

Q. Did you curse him any?—A. Yes, sir; I was pretty rough. It struck me 
so forcibly. He had marked me off before I got there; I was mad, Mr. Bowie. 

R. J. PHILLIPS testified as follows: 

Direct examination by C. B. Spicee : 

Q. Mr. Phillips, do you know Eed Turnmire?—A. Yes, sir. 

Q. How long have you known her?—A. All my life. 

Q. How close do you live to her?—A. I lived about a mile, I reckon; some¬ 
thing near that. 

Q. Do you know her general character?—A. Yes, sir. 

Q. Wbat is it?—A. Bad. 

Cross-examination by T. C. Bowie: 

Q. She relation of yours?—A. Yes, sir. 

Q. Your aunt, is she?—A. Double first cousins. 

LOVEL PHILLIPS testified as follows: 

Direct examination by C. B. Spicer : 

Do you know Eed Turnmire?—A. Yes, §ir; I reckon I do. 

Q. How long have you known her?—A. I have known her for, I guess, 10 
years. 

Q. Do you know her general character?—A. Yes, sir; I think I do. 

Q. What is it?—A. Bad. 

Cross-examination by T. C. Bowie : 

Q. Were you at Obids on tbe night of the election?—A. Yes. 

Q. Had some trouble out there?—A. A little bit. 

Q. I will ask you if you didn’t curse and abuse officers.—A. I didn’t curse. 

Q. You swear you didn’t curse any on that night?—A. Not as I recollect of. 

Q. You would recollect it if you had?—A. I think I would. I haven’t cursed 
any for three years. 

Q. Did they arrest or try to arrest you?—A. No, sir. 

Q. Who did you have the trouble with?—A. Me and Lee Mash had about all 
the trouble we had. 

Q. I will ask you if he didn’t try to quiet you.—A. He tried to draw his gun 
on me was the first of the racket. 

Q. He was a constable?—A. Yes, sir. 

Q. I will ask you if he didn’t try to get you to keep peace?—A. Not with me 





CAMPBELL VS. DOUGHTON. 1553 

Q. What was you doing?—A. The other boys had trouble. He presented his 
pistol to me. 

Q. You say you were not cursing and using profane language?—A. Not what 
I call cursing. I talked sassy. He drawed his gun on me, not offered to arrest 
me. Just started it as a racket. 

Redirect examination by C. B. Spicer: 

Q. Y'ou were in Obids Township?—A. Yes, sir. 

Q. Election out in Obids Township carried out fairlj^ and impartially?—A. 
It didn’t look that way to me. 

(The contestee objects to the foregoing question for because the same is hear¬ 
say and is incompetent.) 

IRA WATERS testified as follows : 

Direct examination by C. B. Spicer : 

Q. Do you know Eed Turninire?—A. Yes, sir. 

Q. Know her general character?—A. I suppose so. 

Q. What is it?—A. Bad. 

Q. How long have you known her?—A. I have known her for 8 or 10 years; 
maybe longer than that. 

JOHN V. MILLER testified as follows: 

Direct examination by C. B. Spicer : 

Q. Do you know Eed Turninire?—A. Yes, sir. 

Q. How long have you known her?—A. Several years; I don’t know how 
many years. 

Q. Do you know her general character?—A. I think so. 

Q. What is it?—A. Not good. 

Q. How old are you?—A. Going on 79. 

Q. How long were you in the Civil War?—A. Four years. 

Q. Which side did you fight on?—A. On the Southern. 

Q. From what you know and observed about the election in your township 
held November 2 of 1920, was it fairly and impartially held? 

(The contestee objects to the foregoing question.) 

A. I don’t know; I don't think it was. They said it wasn’t; I don’t know. 

Q. From what you observed, saw and heard. 

JESSE MILLER testified as follows: 

Direct examination by C. B. Spicer : 

Q. Do you know Eed Turninire?—A. I think so. 

Q. Know her general character?—A. I think so. 

Q. What is it?—A. Not very good. 

Cross-examination by T. C. Bowie: 

Q. Y^ou and her not on very good terms?—A. I suppose so. I havn’t got 
anything against her particularly. 

H. M. BROWN testified as follows: 

Direct examination by C. B. Spicer : 

Q. Do you know Eed Turninire?—A. l^es, sir. 

Q. Do you know her general character?—A. Well, I think I do. 

Q. What is it?—A. Not good. 

Cross-examination by T. C. Bowie: 

Q. How far do you live from her?—A. About 4 miles, I think. 

Redirect-examination by C. B. Spicer : 

Q. How long have you known her?—A. Twenty years, I guess. 

J. F. DILLARD testified as follows: 

Direct examination by C. B. Spicer : 

Q. IMr. Dillard, do you know Eed Turnmire?—A. l^es, sir. 

Q. Do vou know her general character?—A. I think so. 

Q. What is it?—A. Bad. 


1554 


CAMPBELL VS. DOUGHTON. 


LARK WINEBARGER testified as follows: 

Direct examination by C. B. Spicer: 

Q. Do yon know Eed Tnrnmire?—A. Yes, sir. 

Q. Do you know her general character?—A. I suppose so. 

Q. What is it?—A. It’s not very good. 

Dr. MANLEY BLEVINS testified as follows: 

Direct examination by C. B. Spicer : 

Q. Dr. Blevins, do you know Eed Turnmire?—A. Yes, sir. 

Q. Know her general character?—A. I think I do. 

Q. What is it?—A. Not good. 

Q. Doctor, on the hearing of the evidence of the contestee it was intimated 
by H. C. Tucker and others, witnesses for the contestee, that I forged a tax 
receipt for Mr. F. D. Duffield. I wish you would state what you know about 
the tax receipt of Mr. Duffield’s.—A. I made a statement once about it. I 
can again, I think. We went up there right the last days of April; might 
have been the first day of May. I was talking to the sheriff about it, and he 
thought it was. I thought about the last days of April. I had a list of 
unpaid poll taxes. List of Republicans and paying them off. My memory 
serves me that I got Duffield’s, his name on the list, when I called for his 
tax receipt. He hadn’t listed his tax, and it was taken out of the back of 
the book. Paid April 30. All I had anything to do with was dated April 30. 

Q. You had other tax receipts besides Mr. Duffield’s?—A. Yes, sir; several of 
chem. 

Q. What date?—A. April 30. Think I give the sheriff, Phipps, 10 or 12. 

Q. On the last hearing of Mr. Doughton 'as it appeared to attack me jierson- 
ally. Lark Mullis, witness, was called and asked about his tax receipt for the 
year 1918. Tell what you may know about that please, sir.—A. I taken Lark 
Mullis tax receipt out of the tax book 1918. He had been at work somewhere 
and wanted me to get it. If my memory serves me right I give it to Frank 
Dillard or you, one. I got charged on the tax receipt and credited work 
with it. 

Q. Do you remember any conversation that you had with me or Mr. Dillard 
concerning it?—A. Which one I give it to said to give it to Lark provided he 
voted right. Wouldn’t swear that I give it to one or the other of you, but 
think I did. I was talking to Frank Dillard about it. 

Q. Do you know who the grand jury of Ashe County is selected?—A. No, 
sir; I don’t. 

Q. Have you ever seen them drawn?—A. Nothing only their names drawn out 
of the box here. 

Q. Do you know W. J. Price?—^A. Yes, sir. 

Q. Did you ever have a conversation with him prior to the April term 1920 
of the Superior Court of Ashe County relative to his being a juror?—A. Yes; 
he told me he was summoned as juror and foreman of the grand jury and would 
give me $10 to get him off. I told him I would take $5 and give Tam the 
other $5, and get him off—joking—sometime in the week before court. 

Q. When court convened and the grand jury was drawn who was fore¬ 
man?—A. Mr. Price, Will Price. 

Q. What’s Mr. Price’s politics?—A. He is Democrat, I think. Always been 
my understanding. 

Q. How long have you been a practicing physician?—A. About 38 years. 

Q. You are Republican?—A. Yes, sir. 

Q. And take an active part in politics?—A. Yes, sir. 

Q. How many townships did you practice in during the registration period 
of voters for the last election?—A. I don’t know whether I could tell you or 
not how many. Not unless I had my books along, account book. I practice 
more or less in nearly all the townships in the county. 

Q. From what you observed and what you heard during the registration 
period and at and just after the election, in your opinion, was the last election 
held fairly and impartially? 

(Contestee objects to the foregoing testimony in that it calls for hearsay and 
opinion of the witness and othei*wise incompetent.) 

A. I don’t think so. 

Q. Against what party was the discrimination shown?—A. Against the Re¬ 
publican Party by the registrars the way I understood it. 




CAMPBELL VS. DOUGHTON. 


1555 


Q. In your oi)inion, if the election had been fairly and impartially held, re¬ 
gardless of the politics in the county, hy what majoriity would the county have 
gone Republican, everybody been treated alike? 

(Contestee objects to the foregoing testimony in that it calls for hearsay and 
opinion of the witness and otherwise incompetent.) 

A. My opinion would have been that it would have gone Republican by some 
small majority. I couldn’t say how' much. Just giving my opinion. 

Cross-examination by T. C. Bowie: 

Q. You were a candidate yourself in the last election on the Republican ticket 
and was elected?—A. Yes, sir; coroner. 

Q. Two of the county commissioners, Repubiican, were elected?—A. Yes, sir. 

Q. And the Republican treasurer was elected?—A. Yes, sir. 

Q. Republican register of deeds was elected too, wasn’t he?—A. Yes, sir. 

^ Q. Mr. Spicer asked you about the registration being fair, Doctor, and I be¬ 
lieve you took a couple of women to have Rose register them?—A. Yes, sir. 

Q. One was a Turnmire?—A. One a Turnmire and the other a Dickens, I 
believe. 

Q. You told Mr. Rose when you took them in you didn’t know who they were 
or a thing about them?—A. I didn’t tell him a thing like that. 

Q. As a matter of fact, you did know them?—A. No, sir. 

Q. Did you coach them in any way to help them learn the constitution?—A. 
No, sir; I did not. 

Q. You did turn to the constitution to get them to read in a certain place?—. 
No, sir; I did not. They wanted me to go with them to the registrar's office. 
Said they was strangers. I went and told Rose there were a couple of ladies 
wanted to register. He said to give them the book, it was open. She asked 
where must she read, and the other said anywhere. She read a right smart, 
and Alex said that was sufficient. The other commenced reading and made 
some blunders. Alex said that was sufficient and told McNeill to register them. 
They walked out of the house, and Will Combs in there said he had registered 
two good Republicans. I said, “ I don’t know what they are.” 

Q. You swear you paid Democratic poll taxes for him?—A. To the best of 
my knowledge. 

Q. If you did pay it you paid it to the sheriff at Lansing?—A. Yes, sir. 

Q. And paid it in person?—^A. Yes; four or five were getting tax receipts out. 

Q. You wouldn’t swear positively you did pay it?—A. Only to the best of my 
knowledge. 

Q. If that poll tax was paid on the 30th day of April you didn’t pay it?—A. 
I was under the impression the 1st of May. 

Q. As a matter of fact, the sheriff was not there on the 30th?—A. I wouldn’t 
say positively. 

Q. What did you do with that tax receipt?—A. I brought the tax receipts 
and give Charles Spicer some of them; sent some to Rudy Phillips—brought a 
good many of them, maybe 25 or 30. 

Q. Mr. Duffield’s poll tax not listed?—A. No. 

Q. It wasn’t returned by the sheriff on his paid list, isn’t that a fact?—^A. I 
don’t know about that. 

Q. You think to the best of your knowledge?—A. The reason I think I paid it 
I had it on the list of taxes that I wanted to pay. 

Q. If it had been paid on the 30th of April, you couldn’t have got it on the 
1st day of May from the sheriff.—A. The day that we was at Lansing I got all 
the tax receipts I could. 

Q. If it should turn out the sheriff was at home.—A. I paid it at Lansing 
when I paid. If anything is wrong about it it was in the sheriff’s dating. 

Q. You wouldn’t say the sheriff would make a false date on the tax receipt.— 
A. The tax receipts we got there was dated on the 30th of April. If he didn’t 
date them the day we got them, it was a false date. I didn’t charge my mem¬ 
ory with it. Just a winding up of paying the taxes. Got a letter he would be 
there. 

Q. Y^ou say you paid Lark Mullis poll tax in 1918, and he was working 
for you and he paid you?—A. Yes, sir. 

Q. Can you tell why it was that Frank Blevins went on to him afterwards 
and tried to collect it out of him?—A. No, sir; I couldn’t tell you. I told Frank 
Dillard that I had his tax receipt and was talking to Latham or Charles Spicer, 
one, about giving it to him. 


1556 


CAMPBELL vs: DOUGHTON. 


Q. If you had paid his poll tax receipt and Miillis paid you the money back 
in work, would have been no reason why Frank Blevins, Republican deputy, 
should have tried to collect it out of him afterwards.—A. Not that I see. 1 
can tell you where I got his tax receipt at. Me and Ben Calloway got it out 
of the sheriff’s book. 

Redirect examination by C. B. Spicer : 

Q. You were at Lansing along the last of April or the 1st day of May?—A. 
Yes, sir. 

Q. And all the tax receipts you got while you were there were dated April 30, 
1920?—A. Yes, sir; every one of them. 

Q. You don’t know whether the 30th day of April or the 1st day of May?—A. 
I wouldn’t swear positively. 

Q. You say that Mrs. Turnmire and Mrs. Dickens were registered by the 
registrar in West Jefferson?—A. Yes, sir. He told McNeill to register them. He 
qualified them. 

Q. After Will Combs told him he had registered two Republicans, what did 
he do then?—A. Said he didn’t know. 

Q. What did he do about their registration?—A. I don’t know. I went back 
to work. My information was he scratcheil them off the book. They presented 
themselves to vote and they didn’t vote. Names had been scratched off. 

Q. Have you heard them read since then?—A. I heard one of them read at 
the magistrate’s trial. , 

Cross-examination by T. C. Bowie : 

Q. You say your information is, he scratched the names off?—A. Y^'es, sir. 

Q. Have you got any other information?—A. Therman McNeill said they 
come on back and they took them in and tested them again and they didn’t 
read to their satisfaction and they scratched them off. 

Q. You say that they read on the magistrate’s trial?—A. It seems to me 
that one read some there. 

Q. They couldn’t read' much, could they. Doctor, if any, at the magistrate’s 
trial?—A. It was crowded so close I couldn’t tell much. 

Redirect examination by C. B. Spicer : 

Q. How many Democrats were registered over there in that same township 
that couldn’t read and write at all, according to your information? 

(Objection by the contestee for the reason that the question calls for hearsay 
evidence and incompetent.) 

A. Pour or five. 

Q. On election day, did you all prefer some challenges?—A. Yes, sir. 

Q. Challenged voters on account of the fact that you thought they were 
illegal?—A. Yes, sir. 

Q. What was done about the challenges?—A. They voted them all. 

Q. Pay any attention to the challenges?—A. Not a bit, that I seen. 

Q. Any Republicans challenged?—A. I don’t recollect. 

Q. Remember that Thomas Hodgson was challenged?—A. Yes, sir; he was 
challenged there. 

Q. On account of his citizenship?—A. Said he had moved out of the town¬ 
ship. 

Q. He offered to take the oath that he was a citizen?—A. Yes, sir; I think 
so. They didn’t let him vote. 

J. F. DILLARD testified as follows: 

Direct examination by C. B. Spicer: 

Q. Mr. Dillard, you please state what you may know about Lark Mullis’s 
poll tax for the year of 1918.—A. Two years ago, just before I was at the 
election, I met Dr. Blevins right below the post office down here and said he 
wanted to see Mr. Spicer and tell him about Lark Mullis—his tax receipt. 
Said to give it to Charles Spicer and for me to tell horn to give it to Mr. 
Bullis. 

Cross-examination by T. C. Bowie: 

Q. You say, Frank, that Doctor told you to tell Mr. Spicer to give Lark his 
poll-tax receipt?—A. Yes, sir. 

Q. That he paid for it?—A. Said he had paid his tax and give Lark his tax 
receipt. 


CAMPBELL VS. DOUGHTON. 


1557 


O' you know anything? about the deputy sheriff afterwards going to Lark 
Mullis and trying to collect the tax receipt?—A. No, sir. 

Q. Could you explain why that would be so?—A. I have knowed a man a 
time or two to make a mistake about the tax. I was called on to pay a tax 
twice myself. 

Q. If the tax receipt had been taken out of the book he couldn’t have gone 
on him? A. In paying poll tax once and a while we would find tax hadn’t 
been listed, just like Mr. Duffield’s was. 

Q. Did INIr. Spicer say he gave him the tax receipt?—A. I never got to see him 
at all. He was busy and told Charles about it afterwards; that Mulbs went to 
him and got the tax receipt was my understanding about the matter; toJld 
Charlie afterwards what he .said. 

Q. After the election?—A. It was just the day before election. I didn’t get 
to tell him. Come up here, but it was crowded, and he was busy. 

(At this time P. L. Miller, a notary public in and for the county of Ashe, 
whose commission expires the 7th day of February, 1923, took charge of the 
hearing, and E. J. John.son retired.) 

J. M. TUCKER testified as follows: 

Direct examination by C. B. Spicer: 

Q. IMr. Tucker, what township do you live in?—A. Peak Creek. 

Q. Did you see about getting up any poll taxes on or before May 1, 1920?— 
A. Yes, sir. 

Q. Were you at the meeting at Lansing?—A. No, sir. 

Q. Did you get a notice of the meeting?—A. Yes; I got a notice. I came up 
here and got Mr. Koarli to tend to it for me. 

Q. You seen the men in your township and got up the money and had him to 
attend to it?—A. Yes, sir. 

Q. Do you know about when that meeting was?—A. The last of April or the 
1st day of May. 

Q. It was customary, or has been the custom, for both parties to have meeting 
along the last of April and the first of May and see that all poll taxes were paid 
up, wasn’t it?—A. It has been our custom, and I think they are pretty well up 
on it. 

Q. Did you get any tax receipt that was paid that day?—A. Yes, sir; six or 
eight. 

Q. What was the date on tho.se tax receipts?—A. April 30, 1920. 

Q. They were paid the day that the meeting was held at Lansing?—A. Yes, sir. 

(Contestee objects to the foregoing testimony for the reason that the witness 
stated that he was not present at the meeting when the poll tax was paid; there¬ 
fore he could not know when they were paid.) 

Q. Do you remember the date that the notice showed that the metting was 
to be held?—A. No, sir; I don’t recollect that. April 30 or the 1st day of May. 
My understanding was it was the 30th day, but I wouldn’t swear positively. 

Q. On the evidence of the contestee it was shown that the Republican sheriff 
of Ashe County, for the year 1920, did not let the Democrats see the taxes. 
What had been the custom with the Democratic sheriff and prior to the time 
that the Republican sheriff went in? 

(The contestee objects to the foregoing question for the reason that it calls 
for hearsay and inconii)etent unless it was the knowledge of the witness.) 

A. We had tb take guesswork at it. 

Q, Did the Democratic sheriff let the Republicans see the book?—A. No, sir. 

Q. We had to call for what names we wanted?—A. And if we didn’t hit we 
missed. 

Q. And the Republican sheriff, refusing to let the Democrats see the books, 
was feeding them out of their own spoon.—A.^T would think so. 

Q. G. B. Austin, father of W. B. Austin, one of the attorneys for the con¬ 
testee, was at one time sheriff of Ashe County? —A. Yes, sir. 

Q. And he was a Democrat?— A. Yes, sir, 

Q. And while he was sheriff he refused to let the Republicans see the books 
about getting up poll taxes, did he not?—A. He let me; I looked at the books 
at home. 

Q. What about the other Republicans?—A. They said he didn’t. 

Q. What relation were you?—A. He is my uncle. I didn’t ask him; just 
went in and looked at them, and he didn’t object. 

Q. Did McMillan let the Republicans examine the books?—A. He never did 
me. 



1558 


CAMPBELL VS. DOUGHTON. 


Q. What is yonr information about it?—A. I didn’t think he did. 

(The c'ontestee objects.) 

Q. From what you saw and observed and what you have heard concerning 
the election of 1920, was it fairly and impartially held? 

(The contestee objects on the grounds that the same calls for witness’s opin¬ 
ion and therefore incompetent.) 

A. I can only speak for my own township. I was there. 

Q. From what you seen and heard?—A. I heard different reports from the 
other townships, same as from ours. We had about 10 men challenged that 
hadn’t paid their poll tax. About ]8 Democratic voters at Peak voted who 
were not legal voters. We challenged them. Austin claimed he had presented 
the money to the sheriff and they ruled they could vote. 

Q. Who ruled?—A. Democratic registrar and judge. 

(}. Those that were challenged for nonresidence, what was done?—A. I didn’t 
know of any challenged for nonresidence. Voted Johnson, who lived in Vir¬ 
ginia—had his family. We didn’t know who was voting by absentee and 
couldn’t challenge them. 

Q. From what you observed and what ycni have heard, was the election held 
November 2, 1920, held fairly and impartially? 

(The contestee objects on the grounds that the same calls for witness’s opin¬ 
ion and therefore incompetent.) 

xV. I told you what from our township, it wasn’t. Voted some votes illegal. 

f}. Against which party was the discriniination shown?—A. Against the Ke- 
piiblican I’arty. 

Q. The Democrats had how many judges?—A. One judge and one registrar. 

Q. How many judges did the Republicans have?—A. One. 

Q. When a Democrat was challenged, how was the vote of the election 
judges?— xV. They decided for him to vote. Two Democrats voted for him to 
vote, but Republican objected. 

Cross-examination by T. C. Bowie : 

Q. Was you the Republican judge?—A. No, sir. 

Q. I will ask you if they didn’t give both sides; that they would let all par¬ 
ties vote?^— xV. After they made a ruling that they would allow them all to vote 
that hadn’t paid the poll tax. 

Q. It was in evidence that the money had been tendered to the sheriff. It 
was not disputed that he did offer the money to the sheriff for these poll taxes 
and that he had refused to give him the receipts?—A. I don’t know about that. 
Will said he refused to give him the receipts; they wasn’t paid poll. 

Q. Don’t you think if a man went to the sheriff and tendered money to the 
sheriff that he would be allowed to vote? That is what Will Austin stated 
he had done.— xV. He said he had tendered the sheriff the money and they ruled 
that was law. They kicked on Dsborne. 

Q. Your party made a tine showing in your township?—A. We worked. We 
ought to have more. 

Q. You say Osborne was challenged on the ground of poll tax?—A. He had 
been sent to the Federal prison, and AVill claimed that that debarred him. He 
didn’t vote. 

Redirect examination by C. P>. Spiceb ; 

Q. Wern’t any Democrats knocked out of voting after being challenged?—A. 
No, sir. • 

Q. And the Republicans were?—A, Only that one man. 

Q. Thirteen Democrats challenged, and they all voted?—A. Yes, sir; 10 or 11 
hadn’t paid their poll tax. 

E. E. TRIVETT testified as follows: 

Direct examination by C, B. Spicer: 

Q, What township do you live in?—A. Old Fields. 

Q. You judge of election in that township?—A. Y’'es, sir. 

Q. Did IVIrs. Duncan—Ira Duncan, wife, vote that day?— A. Yes, sir. 

Q. How did she vote?—A. Democratic. 

(). She vote in peivson or ab.sentee?—A. Absentee. 

(^. What is your information that she was that day?—A. She was at home— 
my information. 

Q. What’s your information as to her health?—A. She was well. 

Q. And going about her business’?—xV. Yes, sir. 


CAMPBELL VS. DOUGHTON. 


1559 


Lived in one-half mile of 


Q. Flow did she vote?—A. Democratic—absentee. 

Q. She lived there in the township?—A. Yes sir* 
where I do at that time. ' 

Ph.ysical condition at that time, according to your in- 
‘ • ^ . She was well. I never heard anything said about her being 


Q. Did INIrs. Elizabeth Scott vote?—A. Yes, sir. 

Q. What is her mental condition?—A. She’s understood to he crazv. Every- 
ho(ly speaks of her as being crazy. I haven’t seen her for more than a year, 
and she didn’t have any mind then. 

Q. Flow did she vote?—A. Democratic, absentee. 

Q. When she voted what was said between you and the registrar?_A. She is 

known as Puss Scott (nick name), and when Elizabeth Scott voted it was 
opened by the registrar. I asked him wiio she was, and he replied that he didn’t 
know. He lives there within less than a mile of her and registered her, and voted 
her, anjway.^ I was thinking that perhaps it might be some of the other 
Scotts, and didn’t think of her at the time, and for that reason the vote went 
in without being cballenged. 

Q. Registered and voted as Elizabeth Scott?—A. Everybody knows that Puss 
Scott is crazy. 

Q. Didn’t know her by the name of Elizabeth Scott?—A. Perhaps most people 
didn’t. 


Q. W^ere you a witness before the grand jury here at the April term, 1920, 
superior court of Ashe County?—A. Yes, sir. 

Q. Did you go and testify before the grand jury as a witness?—A, Yes, sir. 

Q. In what case?—A. Against .1. C. Houck, registrar in Old Fields Township. 

Q. He had been indicted and bound over to the superior court by a magis¬ 
trate in your township?—A. Yes, sir. 

Q. Did you have any conversation with the foreman when you went in? 

(The warning was that the proceedings in the grand jury are by statute made 
secret; to tins warning the witness replies that he is not a grand juror. This 
evidence is objected to further by the contestee on the gi-ound that attempt 
attack the proceedings of the grand jury.) 

A. Well, it wasn’t a conversation exactly. I was sworn and told to tell 
what I knew about the case, and I proceeded to do so and was interrupted 
by the foreman of the grand jury with the statement that the indictment 
against that ri^gistrar was made through malice and then also stated that the 
registrar didn’t have to tell me or anybody else who Elizabeth Scott was when 
I came to that part of the evidence. 

Q. What feeling did the foreman manifest toward you as a witness, if any, 
seems to be performing the duties as foreman of the grand jury?—A. Didn’t call 
for any evidence against J. C. Houck only to tell what I knew about it. Atti¬ 
tude rather in defense of the defendant and his statements, those I have just 
made, and he also stated that there had been irregularities in both parties but 
didn’t state what irregularities in either one. So far as Republican is concerned 
have had no chance to practice irregularities because the registrars has all been 
in the hands of the Democrats. 

Q. And at the election the Democrats got two judges and the Republicans 
one, and when they took a notion to do anything they would do it regardless 
of the Republican judge?—A. Usually my experience in my township. 

Q. From the experience that you had in your township and observation and 
information that you had from other townships, was the election of 1920, 
November 2, held fairly and impartially. 

(The contestee objects on the grounds that the question calls for witnesses’ 
opinion and therefore incompetent.) 

A. No; it wasn’t. 

Q. Against what party was the discrimination shown?—A. Against the Re¬ 
publican. 

Q. Is it your opinion that the returns of the election made for the election 
held November the 2d, 1920, speaks the sentiments and the will of the voters of 
Ashe County? 

(The contestee objects on the grounds that it calls for opinion or hearsay and 
all kinds of incompetent evidence.) 

A. No; I think not, because there was such a number of Republicans— 
voters—turned down, or tho.se who usually have voted Republican ticket, dis¬ 
franchised by the Democratic registrar. 

Q. You have read about Mexico and the elections held in Mexico, haven’t you? 

(The contestee objects.) 


1560 


CAMPBELL VS. DOUGHTON. 


A. I can’t say that I have. I may have read something about it. Pretended: 
to have an election down there. 

Q. Do you think there is much difference here and the elections in Mexico?— 
A. I don’t know as to that. 

Q. Did J. C. Goodman vote out there?—A. Yes, sir. 

Q. Is his name on the sworn list?—A. No; wasn’t on the list I had. 

Q. Did he have a poll-tax receipt?—A. Yes, sir. 

Q. What did that show?—A. Showed a change in the date. 

Q. What change did it show?—A. Showed it had been changed from May G- 
to March 6, by an attempt to erase the Y in May of the writing or making to 
a small capital II in its stead, to make it March. Had been made with pencil. 

Q. The Y in May had been attempted to be stricken out?—A. I could see one 
side and the bottom of the Y and a small capital R had been made over it. 

Q. Mr. Goodman, he is a moderator of the Baptist Association of Ashe 
County, isn’t he?—A. Has been; and, as far as I know, is now. 

Q. And a leading church member out there?—A. I suppose he is. 

Q. And rural free delivery carrier?—A. Yes, sir. 

Q.' Was he challenged on his vote?—A. Yes, sir. 

Q. He was challenged and presented that tax receipt to vote?—A. Yesj he 
presented that tax receipt and it was not on the sworn list and showed plain it 
had been changed from May 6 to March 6 and I called on him to swear that he 
had paid it on or before the 1st day of May and he refused to do it. He voted 
Democratic. 

Q, Did you call attention to the fact of the change at the time?—A, Certainly. 

Q. Did you call the Democratic registrar and judge’s attention to it—the 
change?—A. Yes, sir ; they looked at it. They said he could vote. 

Q. Voted without taking the oath?—A. Yes, sir. 

Cross-examination by T. C. Bowie: 

Q. About that poll tax; would you say that the sheriff wasn’t the man that 
changed that when he gave him his receipt, that he may not have made the 
mistake himself?—A. I talked to the sheriff since asking about it and he- 
knows nothing about any change—remembers nothing about it. 

Q. He didn’t say he didn’t make the change?—A. He didn’t say he didn’t; 
said he didn’t remember. 

Q. Did you challenge Mrs. A. M. Duncan’s vote that day?—A. No, sir; I did 
not. 

Q. Did you challenge that other lady?—A. No. 

Q. Didn’t they have the usual affidavit and certificate attached?—A. Yes, sir; 
they had the doctor’s certificate. 

Q. And yet you come here and swear that the doctor give false certificate?— 
A. I didn’t swear that the doctor give a false certificate. I swore that on: 
information from neighbors as to Mrs. I. E. Duncan. Some of the neighbors 
asked me that night if she didn’t vote that way. 

Q. Don’t you suppose the doctor knew as much as her neighbors about her 
condition?—A. If he saw her, 

Q. You say the Democrats kept a Republican, when challenged, from vot¬ 
ing?—A. I didn’t swear that. 

Q. Didn’t you swear that whenever they challenged Republicans they would' 
keep him from voting, and when they challenged Democrats they let him 
vote?—A. I don’t think so. 

Q. Do you swear that now?—A, The Democrats were voted up there. I' 
don’t believe there were any Republicans challenged. 

Q. Wherein was there any difference made?—A. Yes, sir; Rich Hardin and 
his wife. 

Q. How did the Democrat registrar judges vote upon the question of allow¬ 
ing Rich Hardin and his wife, both Republicans?—A. Had hearing on the day 
before. He had been challenged on Saturday before and had the hearing on 
Monday, and they decided that he couldn’t vote, and then he presented him¬ 
self to vote in person and they objected again as to his residence, of him and 
his wife, and somebody suggested that Rich had been a registered voter there, 
his wife had come in there and registered, and I suppose the registrar ad¬ 
ministered' the oath to her; that she was a resident of the State and county,. 
and some one suggested that they take her vote, and if they could prove that' 
she wasn’t a resident of the State to prosecute her, and him, too, and so they 
took in the vote. 





CAMPBELL VS. DOUGHTON. 


1561 


Q. Dirt the Democratic jurtge anrt the Democratic registrar vote on contest, 
allowing them to vote?—A. At first they objected; but some one suggested they 
allow them to vote on the grounds I have just stated. 

Q. Did they vote to let them vote?—A. Took in their vote; the only way I 
can put it. 

(}. Was there a single Republican denied the right to vote there on that elec¬ 
tion by challenge by this Democratic judge and registrar?—A. They were the 
only Republicans I remember of challenged—allowed to vote. 

Q. You swore out warrants against the registrar out there, didn’t vou?—A. 
Yes, sir. 

Q. And prosecuted him, and the grand jury found not a true bill?—A. I didn’t 
swear out that one. 

Q. And one against Mr. Austin?—A. Yes, sir; on that poll-tax affidavit. 

Redirect examination by C. B. Spicer : 

Q. You say they didn’t tind a true bill on that?—A. That’s what he stated. 

Q. Did they find a true bill against J. C. Houck?—A. My information is that 
they didn’t, and I was here as a witness. 

Q. How many witnesses were there in that case?—A. I don’t know the exact 
number; must have six or eight. 

Q. Were they all called before the grand jury?—A. Two of them that were 
not here I remember of. 

Q. And they wasn’t sent for?—A. No; not that I know of. 

Q. Nothing done to get them before the grand jury? And yet not a true bill 
was returned?—A. That’s my information; that the defendant and the wit¬ 
nesses were discharged in that case. 

Q. Mr. Bowie asked you that if any Republicans were challenged that didn’t 
vote. Rich Hardin kindly put it up to them, didn’t he, the Democratic registrar 
and judge of election let him vote or else?—A. Well, I don’t know that he did. 
Like my statement a while ago. 

Q. All the weeding out of the Republicans was done during the registra¬ 
tion?—A. Yes, sir; that was where that had been done. If any were not en¬ 
titled to vote, they didn’t present themselves. One man so presented himself 
there, a soldier discharged from the Army, stated that he presented himself to 
vote, and I think I called on him for his tax receipt and he said he hadn’t paid 
any, hadn’t listed any tax. He thought that soldiers were exempted from 
payment of poll tax. 

Q. What was his politics?—A. I have learned since that he was Republican; 
took it for granted that he was a Republican, Republican family, and supposed 
him to be. too. He stated that he hadn’t listed poll tax nor paid any, and as 
far as I knew soldiers were not exempt from payment of poll tax. 

Q. Democrats didn’t vote for him to vote—Democratic registrar and judge 
of election?—A. Didn’t say much about it more than the registrar said he 
didn’t see how he could vote and the other judge stayed mum. 

Q. Whenever a Democrat come up to vote he was voted regardless of chal¬ 
lenges and regardless of poll tax?—A. Some of them did. Voted without being 
on the sworn paid list and without swearing that they paid them. Voted one 
man that swore he had paid his poll tax and I suppose he dosn’t list any. 
Walter Burkett had been an Army officer. Swore that he had paid them and 
I suppose he didn’t list any. I didn’t object to his voting; didn’t know but 
what he had at the time. My information is that he hasn’t listed any. Got 
the deputy sheriff to go over the books and he couldn’t find any receipt. 

Cross-examination by T. O. Bowie ; 

Q. You -was the judge that challenged Stevens, were you?—A. I called on 
him for his tax receipt. 

Q. One of the judges voted with you and the other didn’t vote?—A. I wasn’t 
complaining about his not voting. 

Q. You say the Brukett boy didn’t pay his poll tax?—A. The deputy sheriff 
said he couldn’t find any stub. 

Q. Some taxes paid not listed. Are you going to swear that Burkett swore 
he didn’t pay his poll tax up there?—A. I will not; going to swear that I say 
that the taxes were not listed. 

Q. Sometimes they do pay poll tax not listed?—A. I heard him swear. Dr. 
Blevins, that he might have paid it. As I said, the tax stubs should show. 


1562 


CAMPBELL VS. DOUGHTON. 


Redirect examination by C. B. Spicer : 

Q. Yon remeinlier that he presented an old tax receipt that had been paid 
two or three years before that?—A. Yes, sir; he presented an old tax receipt 
and claimed that to be the one he had paid. I think it was 1918, maybe. ^ I 
told him it wasn’t the rij^ht one and he hunted around and couldn’t tiud^ it. 
That was early in the morning. The registrar told him maybe he could lind 
it later. He brought back some tax receipt and then took the oath. 

GRANT HARLESS testified as follows: 

Direct examination by C. B. Spicer: 

Q. Do you know Eed Turnmire?—A. Y^es, sir. 

Q. Do you know her general character?—A. Yes, sir. 

Q. What is it?—A. Not very good, sir. 

Q. Were you a witness before the grand jury at April term, 1921?—A. Yes, 
«ir. 

Q. What case?—A. H. H. Burgess case. 

Q. He is registrar in what townshi])?—A. Obids Township. 

Q. He was indicted for his fraud in election?—A. Yes, sir. 

Q. Did you go before the grand jury?—A. Yes, sir. 

Q. Was a true bill found against him?—A. No, sir. 

Q. How many witnesses were there here against him?—A. About 15, I be¬ 
lieve. 

Q. How many called before the grand jury?—A. Five of them, sir. 

Q. Did you hear the judge charge the grand jury at that term of court?—A. 
Yes, sir; I think so. 

Q. What did he charge them with reference to calling witnesses before 
them?—A. He charged them to call them all till they found evidence enough to 
get a true bill if there was evidence enough. From the charge to the grand 
jury they were all supposed to be called. Don’t remember the exact words. 

Q. Do you know about how many witnesses were in attendance on that 
term of court who had been duly subpoenaed to attend court and witnesses 
against the defendant in those election frauds cases that were not called before 
tile grand jury?—A. I don’t know all of them. 

Q. Do you know of any other witnesses in any other case that were not 
called?—A. I don’t remember except that one. 

Q. Was Eed Turnmire a witness for the State in the case of State i\ H. H. 
Burgess or for the defendant?—A. She was no witness for tlie State ; don’t know 
whether she was for the defendant or not. I got all the subpoenaes myself 
for the witnesses, and she was not on any of them. 

Cross-examination by T. C. Bowie : 

Q. You swore out the warrant against Mr. Burgess, didn’t you?—A. Yes, sir; 
on information and belief. 

Q. You were taking an active part in the prosecution of these registrars, 
weren’t you?—A. No more than I thought was my duty. 

Q. You made affidavit in the case A. G. IMiller about what expected to 
prove by certain witnesses, and intimated that you had never seen the wit¬ 
nesses and didn’t know them?—A. The record will answer for itself, Mr. 
Bowie. 

B. W. GRAYBEAL testified as follows; 

Direct examination by C. B. Spicer : 

Q. Were you at Lansing when the Reimblicans held their meeting to look 
after the paying of poll taxes in 1920?—A. I was. 

Q. What was the date of that meeting, if you remember?—A. We had two 
meetings; one was along in April some time, and we had one right at the 
last of April, the 30th day of April or the 1st day of May. 

Q. Did you look after getting any tax receipts on that day?—A. Yes, sir; 
I did, a few. 

Q. Did you get any tax receipt?—A. Yes, sir. 

Q. What was the date of those tax receipts?—A. April 30, 1920. 

Q. All of them you got at the last meeting?—A. Yes, sir. 

Q. That was the meeting of either April 30 or May 1, 1920?—A. I think 
that was the 30th day of Aiiril. 

Q. Those were the receipts that were dated April 30?—A. Yes, sir. 


CAMPBELL VS. DOUGHTON. 


1563 


Q. Do you remember who was present at that meeting?—A. Dr Manley 
Blevins was there and you were there, I think, and Charlie Anderson and 
others that I don t remember the names. 

Q. You remember seeing Dr. Blevins get any tax receipts?—A. Yes, sir: he 
got several. ’ 

Q. Do you remember any other persons, seeing them get tax receipts?—A. I 
think that there were some men there iTom Helton Township who got some 
receipts, as well as I remember, 

Q. From what you observed and have heard concerning the election held in 
Ashe County, November 2, 1920, was the registration and election held and 
earned on fairly and impartially? 

(The contestee objects on the grounds that it calls for hearsay testimony 
and is incompetent.) 

A. No. 

Q. Against what party was the discrimination shown?—A. Republican 
Party. 


Cross-examination by T. C. Bowie: 

Q. Well, the Republican coroner. Dr. Blevins, was elected, wasn’t he?—A. I 
think so. 

Q. And two of the Republican county commissioners were elected?—A. Yes, 
sir. 

Q. And the Republican register of deeds was elected?—A. Y^es, sir. 

Q. And the Republican treasurer was elected?—A. Yes, sir. 

Q. And the Republican senator in this senatorial district was elected, wasn’t 
he?—A. Yes; he ran in three counties and I am not testifying about the other 
counties. 

Q. The day you paid the poll tax at Lansing you say you think that was the 
30th day of April?—A. Yes, sir. 

Q. Dr. Blevins went back on the train that day?—A. I don’t know. Come on 
the train. 

Q. Train went back about 1 o’clock?—A. I am not swearing when he went 
back. 

Q. Ho come on the train?—A. He did. 

Q. Didn’t he and Mr. Spicer both go back on the next train?—A. I didn’t 
know; I remember their coming on the train. 

Q. The sheriff was there; sheriff Latham?—A. Yes, sir; he was there that 
day. 

Q. And these poll taxes were paid to him in person?—A. Yes; and he left at 
12 or 1 o’clock and went towards home. 


Redirect examination by C. B. Spicer : 

Q. Mr. Bowie asked you about these Republicans that were elected; if the 
Republicans had got a fair show the Democrats wouldn’t have got a smell, 
would they, so fai* as offices were concerned in the county? 

(The contestee objects.) 

A. The majority was very small, except Mr. Bowie, in the county. I believe 
it we had an impartial election that all the Republican candidates would have 
been elected in the county, except the candidate for the legislature; don’t know 
about that. I mean to say an impartial registration. 


Mr. J. H. GENTRY testified as follows: 

Direct examination by C. B. Spicer : 

Q. Mr. Gentry, what township do you live in?—A. Piney Creek. 

Q. Did John Tucker vote in Piney Creek Township?—A. His vote was 
counted. 

Q. It was counted by absentee or in person?—A. Absentee. 

Q. On what authority did he vote?—A. Well, Mr. Eller, the registrar, called 
for a set of Democratic tickets and I says, “Who’s voting?” And he said, 
“ John Tucker.” I asked him if he had a doctor’s certificate, and he said no. 
We agreed not to require a doctor’s certificate. He voted the ticket. 

Q. Was there a letter written or certificate ?—A. He had a letter with H. C. 
Tucker’s name to it, the best I could see, and after reading that letter he called 
for the tickets. 

Q. And that was all he had to vote him on?—A. Yes, sir. 

Q. Where was the letter postscripted ?—A. Couldn’t say. 


1564 


CAMPBELL VS. DOUGHTON. 


Q. Do you know where John Tucker was at that time?—A. Information was 
he was in Kentucky. 

Q. Where is John Tucker now?—A. Dead. 

Q. AVhat is your information he said before he died, about voting in that 
election? 

(The contestee objects to his information.) 

A. I was told that he told Jim Wagoner that he never voted in this election 
or had anything to do with it. 

Q. Jim Wagoner is his son-in-law?—A. Yes, sir, 

Q. That letter with PI. C. Tucker's name to the bottom of it was all the 
rigster had when he called for the Democratic tickets and voted him on it? 

A. Yes, sir. 

Q. H. C. Tucker was his son?—A. Yes, sir. 

Q. And H. C. Tucker, did you hear testify in this hearing?—A. No, sir. 

Q. Your information he was the one that tried to leave the impression that 
I forged the tax receipt of F. D. Duffield?—A. I heard that. 

Q. That letter come through the mails, did it not?—A. I couldn’t say. He 
just had the letter and opened it up there. 

Q. AVhat do you know about V. E. Ballou’s poll tax?—A. V. E. Ballou’s 
name was not on the paid list when he presented himself to vote and some 
one challenged him and he said his poll tax was paid. I asked him if he had 
a receipt and he said, “ No.” Asked him if he would swear it was paid and he 
said, “ Yes.” He swore it was paid and voted. 

Q. What is your information about its being paid?—A. Well, I have had 
men to tell me that they had seen it in the books since that day—his tax 
receipt. 

Q. What had George Dogget voted? Did he vote up there?—A. Yes, sir. 

Q. Was he challenged?—A. Yes, sir. 

Q. On what grounds?—A. Nonresident. 

Q. Was the regular oath prescribed by law administered?—A. They tried 
to give it to him that way, but he kindly prescribed his own oath. Instead of 
swearing that he had been in the State for two years, he said, “ I have been 
in and out of the State.” 

Q. Did the Democratic judge and registrar of election then vote for him to 
vote in the election?—A. Yes, sir. 

Q. And he voted?—A. Yes. sir. 

Q. How long had he been in this county?—A. I don’t know, don’t remember. 

Q. Any Ilepublicans challenged on election day or challenge day?—A. I don’t 
remember that there were any challenge day, I was not there on challenge day. 

Q. Any Democrats challenged on election day?—A. There was two I men¬ 
tioned I know of, don’t remember whethei’ any other or not. 

Q. They both voted?—A. Yes, sir. 

Q. From what you observed and what you heard concerning the election 
held November 2, 1920, was the registration and election conducted and held 
fairly and impartially? 

(The contestee objects on the grounds that it calls for hearsay testimony and 
therefore incompetent.) 

A. I think not. 

Q. Against what party was the discrimination shown?—A. Republican Party. 

Q. Do you think the returns made by the canvassing board for the election 
held November 2, 1920, was an expression of the will of the voters of the 
county?—A. No. 

Cross-examination by T. C. Bowie : 

Q. The old man, John Tucker, you knew him well?—A. Yes, sir. 

Q. He was at that time a very old man and had been a voter in that town¬ 
ship for a great many years and his health had been very bad for several years 
prior?—A. Yes, sir. 

Q. And, as a matter of fact, since the election he died?—A. Yes, sir. 

Q. Who was the Republican judge up there—Henrty?—A. Arthur Brooks, I 
believe. 

Q. I will ask you how if Mr. IVIay didn’t .state to you that they had agreed not 
to require a doctor’s certificate for Mr. Tucker?—A. Yes, sir. 

Q. Didn’t they state that they had agreed?—A. Yes; but they didn’t mention 
Mr. Tucker’s case. .lust said, “ We agreed not to require a doctor’s certificate.” 

Q. You understood by that all the judges agreed to that?—A. Yes, sir. 

Q. And you didn’t challenge it?—A. No. 


CAMPBELL VS. DOUGHTON. 1565 

testified that his poll tax had been paid and allowed him to 

Tote?—A. Yes. 

9 ’ don’t know that when a taxpayer owes considerable 

tax, if his friends don’t pay his poll tax and the sheriff issues a separate re- 
ueipt, leaving his original receipt in the tax book. I will ask you if Mr. Dogget 
didn’t swear that he was born and raised in Cleveland County, N. C.?—A. I 
don t leniember that he swore that. He told us. about where he was born and 
raised. I don’t remember but think Cleveland County. 

Q. Said he had only been out of the State temporarily, doing construction 
work.—A. Said that but didn’t swear it that time. 

Q. But did swear he was a citizen of North Carolina and considered it his 
home?—A. He swore, “ I have been in and out of the State; ” said he wouldn’t 
take the oath as it was read there; said considered his home in North Carolina. 

Q. They all agreed to let him vote—Republican and Democrat?—A. Yes, sir. 

(The taking of further testimony in this contest is continued until Friday at 
1 o’clock, the dth day of May, 1921, to be beard at the time specified in the 
courthouse in Jefferson, Ashe County, N. C.) 

This hearing wherein James I. Campbell is contestant and Robert L. Dough- 
ton is contestee is resumed for the county of Ashe at the courthouse in Jeffer¬ 
son, N, C,, on this 6th day of May, 1921, for the examination of witnesses. Con¬ 
testant was not present in person but was represented by C. B. Spicer as attor¬ 
ney. The contestee was not present in person but was represented by Bowie & 
Austin, his attorneys. P. L. Miller, notary jmblic in and for the county of 
Ashe, is commissioner of testimony in the hearing of the evidence. 

When and where the witnesses depose as follows: 

Mr. M. C. ROARK testified as follows: 

Direct examination by C. B. Siucer; 

Q. Mr. Roark, turn to No. 28 on the poll book for Jefferson Township and 
see what name you find.—A. Monroe Bare. 

Q. Look on the registration book and see if you find his name.—A. Don’t 
find it. 

Q. Look at your poll book. No. 36, and see whose name appears.—A. W. O. 
Bare. 

Q. Look on your registration book and see if you find that name.—A. Don’t 
find him. 

Q. Look on poll book. No. 43, and see whose name appears.—A. Cicero Bare. 

Q. Look on the registration book and see if you find him.—A. Don’t find him. 

Q. Turn to your poll book, to No. 7212, and see whose name appears.—A. 
Emery Brown. 

Q. Look on your registration book and see if you find his name.—A. Don’t 
find him. 

Q. Look on poll book. No. 325, and see whose name appears.—A. Emmet 
Bullins. 

Q. Examine the registration book and see if his name is on it.—A. Don’t 
find him. 

Q. Look at No. 71 on the poll book.—A. Rachel Bare. 

Q. Look on registration book.—Don’t find it. 

Q. Look at 524 on the poll book.—A. Freelan Bare. 

Q. Look on your registration book and see if his name appears to be regis¬ 
tered.—A. Don’t find him. 

Q. Whose name appears to have voted 550?—A. John M. Burkett. 

Q. Examine the registration book and see if he is registered.—A. Don’t 
find it. 

Q. No. 559?—A. Oscar O. Badger. 

Q. Does his name appear on the registration book?—A. Don’t find him. 

Q. No. 563?—A. Hamilton Bare. 

Q. Does his name appear on the registration book?—A. Don’t find him. 

Q. No. 597?—A. George Bower. 

Q. Does his name appear on the registration book?—A. Don’t find him. 

Q. 610?—A. Edgar Blevins. 

Q. Does his name appear on the registration book?—A. Don’t find him. 

Q. No. 407?—A. Sallie Burgess. 

Q. Does her name appear on the registration book?—A. Don’t find it. 

Q. No. 420?—A. Bart Bare. 

Q. Does his name appear on the registration book?—A. Don’t find him. 


1566 


CAMPBELL VS. DOUGHTON. 


Q. No. 431?—A. Ambrose Bare. 

Q. Does his name appear on the registration book?—A. Don’t find him. 

Q. No. 572?—A. Calvin Collins. 

Q. Does his name appear on the registration book?—A. Don’t find it. 

Q. No. 317?—A. Estel Colvard. 

Q. Does his name appear on the registration book?—A. Don’t find it. 

Q. No. 87?—A. Lum Combs, 

Q. Does his name appear on the registration book?—A. I don’t find it. 

Q. No. 502—A. I. G. Dancy. 

Q. Does his name appear on the registration book?—A. Don’t find it. 

Q. No. 530?—A. C. N. Hurley. 

Q. Does his name appear on the registration book?—A. Don’t find it. 

Q. No. 269?—A. W. H. Hoosier. 

Q. Does his name appear on the registration book?—A. I don’t find it. 

Q. No. 312?—A. J. E. Hiidler. 

Q. Does his name appear on the registration book?—A. Don’t find it. 

Q. No. 518?—A. George Little. 

Q. Does his name appear on the registration book?—A, Don’t find it. 

Q. No. 117?—A. F. L. Lane. 

Q. Name appear on the registration book?—A. Don’t find it. 

Q. No. 391?—A. C. M. Miller. 

Q. Look on the registration book for his name, please.—A. Don’t find it. 

Q. No. 469?—A. Glenn Miller. 

Q. Look for his name on the registration book.—A. Don’t find him. 

Q. No. 294?—A. C. L. Miller. 

Q. Look on the registration book for him, please, sir,—A. Don’t find him. 
Q. No. 379?—A. Appears to be G. A. Miller. 

Q. Look for him on the registration book.—A. Don’t find him. 

Q. No. 304?—A. A. H. Oliver. 

Q. Look on the registration book.—A. Don’t find him. 

Q. No. 345?—A. W. M. Oliver. 

Q. Does his name appear on the registration book?—A, Don’t find it. 

Q. No. 368?—A. Catherine Calloway. 

Q. Look at 397.—A. Will Pennington. 

Q. See if his name appears on the registration book.—A. Don’t find him. 

Q. No. 541.—A. Bessie Reeves. 

Q. Does her name appear on the registration book?—A. I don’t find it. 

Q. 395?—A. A. R. Sheets. 

Q. Does his name appear on the registration book?—A, Don’t find it. 

Q. 485?—A. J. P. Stringer. 

Q. Does his name appear on the registration book?—A. I don’t find it. 

Q. No. 500?—A. Walter King. 

Q. Look for his name, please, on the registration book.—A. I don’t find it. 
Q. No. 548?—A. Mrs, George Sheets. 

Q. Does her name appear on the registration book?—A. Don’t find it. 

Q. No, 567?—A. Charlie L, Smith. 

Q. Does his name appear on the registration book?—A. Don’t find it. 

Q. No. 264?—A. Elizabeth Sheets. 

Q. Does her name appear on the registration book?—A. Don’t find it. 

Q. 176?—A. Lum Severt. 

Q. Look for his name on the registration book.—A. Don’t find it. 

(}. No. 184?—A. IViley Severt. 

Q. Does his name appear on the registration book?—A. Don’t find it. • 

Q. No, 251?—A. Arthur Shepherd. 

Q. Look for his name, please.—A. Don’t find it. 

Q. No. 582?—A, James L. Taylor. 

Q. Does his name appear on the registration book?—A. I don’t find it 
Q. No. 302?—A. W. A. Wallace. 

Q. Look for his name on the registration book.—A. I don’t find it. 

Q. No. 374?—A. Roxy Wyrick. 

Q. Her name appear on the registration book?—A, I don’t find it. 

Q. No. 378?—A. Lester Wyrick. 

Q. His name appear on the registration book?—A. I don’t find it. 

Q. No. 561?—A, F. Marion Woodie. 

Q. His name appear on the registration book?—A. No, sir: I don’t find it 
Q. No. 403?—A. J. H. Wallace. 

Q. Does his name appear on the registration book?—A. I don’t find it. 



CAMPBELL VS. DOUGHTON. 


1567 


Ashe County?—A. Office of register of deeds. 
frnm9 A liave you there before you that you have been testifying 

^ registration book and poll book of Jefferson Township, 

de^s''^*^ was the custodian of those books for the county?—A. Register of 

Q. Those books in your custody now?—A. Yes, sir. 

^ thank you now to take Chestnut Tiill Township registration and poll 
Who appears to have voted at No. 1 on the poll book?—A. Seems to be 


book. 


Hailey or Holy Jones; I can’t tell which it is. 
find R^^^ appears on the registration books.—A. Can’t 


Q. No. 70.—A. I believe R. M. Cearley, the best I can see. 

Q. Look at 200.—A. Appears T. E. Price. 

Q. Look and see if his name appears on the registration book?—A. I don’t 
find it. 

C- Number 260. A. I suppose that is Carrie Hart; its Carrie somebody. 

Q. See if her name appears on the registration book.—A. That mav be Hurt 
I find A. B. Hurt on the registration book. I find neither one on the book 
Q. Neither Carrie Hurt or Carrie Hart?—A. No, sir. 


Cross-examination by T. C. Bowie: 

Q. How long have you been register of deeds of Ashe County?—A. More than 
two years. 

Q. Jefferson and West Jefferson have been divided or were divided shortly 
before the election, were they not?—A. Yes, sir; West Jefferson was formed 
from Jefferson. 

Q. I hand you this record and ask you if that is not the record of the 
old township as it stood, names?—A. Yes, sir; is a record of this office but 
I don’t find any date on it. 

Q. It purports to be a record of the voters of this township?—A. Yes, sir. 

Q. Look on that book and see if you find , the name of Monroe Bare or 
maybe J. M. Bare, I think that is his initials.—A. I believe that I find Mon¬ 
roe Bare written in the center of the book. 

Q. See if you find the name of Cicero Bare. You knew Mr. Monroe, didn’t 
you?—A. No, sir; I know a few of the Bares but don’t know their name. I 
find Cicero C. Bare. 

Q. See if you find the name of Freelin Bare.—A. I believe I find Cicero in 
two places. Yes, sir ; I find Freeling Bare, jr. 

Q. See if you find Oscar Badger or O. Q. Badger.—^A. I find O. Q. Badger. 

Q. Hamilton Bare.—A. Hamilton J. and Hamilton L. 

Q. See if you find George Bowers or G. E. Bowers.—A. I find G. C., G. E. 
or something looks like it has been erased and looks more like a C than it 
does an E, but I.couldn’t tell what it is meant for. 

Q. See if you find Ambrose Bare.—A. Yes, sir. 

Q. See if you find Calvin Collins.—A. Yes, sir. 

Q. See if find Estel Colvard, or E. E. Colvard.—A. I find E. E. Colvard. 

Q. See if you find Columbus Combs or Lurn Combs, sometimes put his name 
C. C. Combs. You know him?—A. I think I know him. 

Q. He lives in this township doesn’t he?—A. I suppose he does. I find Alfred 
C., Stephen C., and John C. Combs. 

Q. See if you find the name of J. A. Dancy.—A. I don’t find him. 

Q. Do you know J. A. Dancy?—A. No, sir; I do not. 

Q. Do you know C. N. Cearley?—A. I think I do. 

Q. He moved into this township from Helton Township?—A. I do not know 
where he come from. 

Q. W. H. Ploosier—see if you find him.—A. Yes, sir. 

Q. See if you find J. E. Hudler.—A. I find Joseph E. 

Q. See if you find George Little.—A. Yes, sir. 

Q. See if you find J. P. Lane.—A. Yes, sir. 

Q. See if you find C. M. Miller.—A. I find E. M. or C. M. I can’t tell what 
is it. 

Q. IMore like a C than like an E ain’t it, Mr. Register?—A. I don’t know 
that I could say which it is most like. 

Q. E would have a little curl in the middle wouldn’t it?—A. It’s curved in 
just a little though. 

Q. No loop in it? See if you find Glenn Miller or W. G. Miller.—A. Yes, sir; 
I find W. G. 


57695—21-100 


1568 


CAMPBELL VS. DOUGHTON. 


Q. See if you find C. L. Miller.—A. Right back over here with the C. M. 

Q. Same kind of letter that there was in the other trouble; was there any 
curl in the middle of that one?—A. It looks a little more like a C than the 
other. 

Q. Did you find .T. A. Miller?—A. I find here Jesse A. 

Q. See if you find A. A. Oliver or Alice Oliver.—A. I find Ance. 

Q. See if you find Will Pennington.—A. Yes, sir. 

Q. See if you find A. R. Sheets.—A. I find Arthur R. 

Q. You know him don’t you?—A. Yes, sir. 

Q. That’s his name isn’t it?—A. Yes, sir. 

Q. He lives in this township, doesn’t he?—A. Yes, sir. 

Q. See if you find J. F. Stringer.—A. I find John L. 

Q. You know him don’t you?—A. Yes, sir. 

Q. He lives in this township, too?—A. I don’t know where he lives. 

Q. See if you find C. L. Smith.—A. Charles L. 

Q. See if you find Lum Severt.—A. Yes, sir. 

Q. See if you find Wiley Severt.—A. Wiley B. 

Q. See if you find Arthur Shepherd or W. A. Shepherd.—A. I find W. A. 
Shepherd. 

Q. See if you find .Tames .T. Taylor.—A. I find .T. L. Taylor. 

Q. See if you find W. A. Wallace.—A. Yes, sir. - 

Q. Lester Wyrick; see if you find him.—A. Yes, sir. 

Q. See if you find F. IM. Woodie.—A. I find Francis IM. 

Q. Now, Mr. Register, that record that you are reading from is also in your 
custody and you are the custodian of that record?—A. Yes, sir. 

Q. And it purports to be the record of the voters of Jefferson Township?—A. 
Yes, sir. 

Q. Examine that book, Mr. Register, and see what that is.—A. Registration 
book for Chestnut Hill for 1916 and 1918. 

Q. See if you find the name of Price, T. E., on there.—A. Yes, sir. 

Q. There have been several elections recently held for Ashe County, have 
there not, IMr. Register, in the past two years? Been several elections for 
roads?—A. Yes, sir; some primary elections. 

Q. There was a new registration in road election, was there not?—A. Yes, sir. 

Q. And then there has been a primary election held for State officers?—A. 
Yes, sir. 

Q. And as a consequence you have several registration books for most of 
the townships in the county, do you not?—A. Yes, sir. 

Q. And a good many of the registrations didn’t show what year or date of 
the elections held, do they?—A. This book shows that it was for 1916 and 
1918. 

Q. One of the books you had a while ago never showed for what year?—A. 
I don’t think it did, except the date of the last registration. 

Q. I ask you to take that book and see if you don’t find the name of N. C. 
Cearley on there.—A. Yes, sir; N. C. Cearley is here. 

Q. INIr. Register, look on the page and see if you don’t find the name of 
Clint Hurley there.—A. I find Clint Hurley here. 

Q. I hand you this record, Mr. Register, and see if you don’t find the name 
of C. M. Hurley on there.—A. Yes, sir. 

Q. Mr. Register, take this book and see if you don’t find the name of W. E. 
Brown and E, R. Brown on that registration book.—A. Yes, sir. 

Q. Is that the registration book before the townships were divided?—A. 
Yes, sir. 

Q. That is, however, a registration book of the election of this township, is 
it not?—A. Yes, sir. 

Q. And the last one prior to the date of the division of the township?—A. 
Yes, sir. 

Q. Now, Mr. Register, I ask you to take this old registration book of .Jeffer¬ 
son Township, last registration prior to the division, and see if you don’t find 
the name of John N. Burkett.—A. Yes, sir. 

Q. Now, Mr. Register, I will ask you to take the same book and see if you 
don’t find the name of Edgar Blevins,—A. Yes, sir. 

Q. Now, I will ask you, Mr. Register, to take this registration book—the latest 
registration book—and see if you don’t find the name of J. B. Bare; post office, 
Wagoner; age, 26?—A. Yes, sir. 


CAMPBELL VS. DOUGHTON. 


1569 


Redirect examination by C. B. Spicer : 

Q. Mr. Roark, West Jefferson Township was cut from Jefferson?—A. Yes, sir. 

Q. And that was just prior to the last election?—A. Yes, sir. 

Q. And after that township was established the name of persons who lived in 
that township were taken from the old Jefferson book and transcribed to a new 
registration book for West Jefferson Township. Didn’t they come over here to 
your office to get the books to transcribe to that book?—A. I don’t believe I 
remember. The understanding was to transcribe, each registrar to transcribe, 
on the new books the names of each voting precinct. 

Q. And the registration books of this district were revised?—A. Yes, sir. 

Q. The registration book, that you testified from on your direct examination 
was the revised registration book?—A. Yes, sir. 

Q. You don’t know how many of the names that appear on the old registra¬ 
tion books that were examined by Mr. Bowie here are now residents of West 
Jefferson Township?—A. No, sir; I do not. 

Q. You don’t know whether or not those names that he mentioned the initials 
of which tended to corresT)on(l with the names that you mentioned?—A, I do 
not know whether they correspond or not. 

Recross-examination by T. C. Bowie : 

Q. Mr. Register, you don’t know how the registrar managed about it; don’t 
know how they arranged to transfer these names?—A. I don’t think I was 
present. I don’t know just how they managed to but the understanding was- 

Q. But you don’t know how they or others worked?—A. No. 

Q. This was the first election the women were allowed to vote?—A. Yes, sir. 

Q. And you don’t know but what they registered the women on the new book 
and used the old book for the names on them?—A. No, sir; I do not. 

Q. As a matter of fact, a man was entitled to register whether they got him 
on the new book or not?—A. They ought to be. Not a legal voter unless on the 
registration book. 

Q. If they get up a new book and put his name on that doesn’t invalidate his 
name to vote, does it?—A. It ought not to. 

Q. It wouldn’t as a matter of law. 

Mr. E. E. TRIVETT testified as fbllows: 

Direct examination by C. B. Spicer : 

Q. Mr. Trivett, you were Republican poll holder for what township last elec¬ 
tion?—A. Old Fields. ‘ 

Q. Did Mollie Houck vote in that township?—A. Yes, sir. 

Q. How did she vote?—A. Democratic. 

Q. Did she vote in person or absentee?—A. Absentee. 

Q. Did she have a doctor’s certificate?—A. Yes, sir. 

Q. Whose was it?—A. Dr. R. C. Ray. 

(Exhibit A, Ashe County, rebuttal hearing, offered by contestant, which is as 
follows:) 

Exhibit A. 


North Carolina, Ashe County: 

Personally appeared before me this day Mollie Houck, who being duly sworn, 
says: 

That she was living in Old Field Township, Ashe County, N. C., on Novem¬ 
ber 2, 1920. 

I was at home well on that day and did not have Dr. R. C. Ray to examine 
me on that day or prior thereto for purpose of giving me a certificate of health 
to be used to legalize an absentee vote for me. 

I did not sign a certificate voting by mail in the election held November 2, 
1921, and did not know that I had voted until some one told me about it after 
the election. I did not go to the election and I am informed that I was voted 
under absentee law. I positively swear that I did not vote in the election held 
November 2, 1921. 

;Mollie Hohci:, 

Affiauv. 

Subscribed and sworn to before me this 5th day of May, 1921. 

D. W. Lloyii. J V. 



1570 


CAMPBELL VS. DOUGHTON. 


Q. Was there a certificate accompanying her vote other than the regular 
certificate?—A, Yes, sir. 

Q. Her name on that certificate?—A. Y’'es, sir. 

Q. Do you remember who was witness to that certificate?—A. No; I don t. 

Q. Did Mrs. A. M. Duncan vote?—A. Yes, sir.' 

Q. How did she vote?—A. Absentee; Democratic. 

Q. Any certificate accompany her vote, doctor’s certificate?—A. Yes, sir. 

Q. Whose?—A. Dr. II. C. Ray. 

Q. Where is Mrs. Duncan now?—A. In Maryland. 

(Exhibit B, Ashe County, rebuttal hearing offered by contestant, which is 
attached hereto and which is as follows:) 

Exhibit B. 


North Carolina, Ashe County: 

Personally appeared before me this day, IMrs. Lessie Walton, and Mrs. 
Elizabeth Walton, who being duly sworn, says that on November 2, 1920, we 
were accompanied by Mrs. A. M. Duncan in an automobile to within a short 
distance of the polling place of Old Field Township, Ashe County, N. C. That 
the above said IMrs. A. INI. Duncan appeared to us to be in good health. 

That the above said Mrs. A. M. Duncan left the automobile at the house of 
Mr. Sandy Houck and waited there until we went and voted, and then got 
into the automobile and came back with us. 

Mrs. Lessie Walton, Affiant. 

IMrs. Elizabeth (her x mark) Walton, 

Affiant. 

Witness as to Mrs. Elizabeth Walton: 

E. E. Trivett. 

Sworn to and subscribed before me this 5th day of May, 1921. 

D. W. Lloyd, 

Justice of the Peace. 

Q. That Mrs. Elizabeth Walton was the lady that was registered and voted?— 
A. Yes, sir. 

Q. She signed that affidavit by her mark?—A. Y'es, sir. 

Q. How did she vote?—A. Democratic. 

Q. Do you know about how many Republican women there were turned down 
in that township on account of not being able to read and write?—A. I know of 
live; don’t know whether that is all or not. 

Q, Can any of them read and write that you know of?—A. On information, 
one of them could. 

Cross-examination by T. C. Bowie : 

Q. How many times have you testified as a witness in this contest?—A. I be¬ 
lieve this is the third time. 

Q. This affidavit of Mollie Houck is tniewritten affidavit; who did the type¬ 
writing and where was it typewritten?—A. Mr. Spicer. 

Q. Here in Jefferson?—A, Yes, sir. 

Q, Was she present when it was typewritten?—A. No, sir, 

Q. It was typewritten here and then you took it and got her to sign it?—A. I 
was present with the justice. 

Q. You took the typewritten paper and got her to sign the paper before the 
justice of the peace?—A. She read it; yes, sir. 

Q. In whose handwriting is the affidavit of Mrs. Lessie Walton and Mrs. 
Elizabeth Walton?—A. Mr. Lloyd, a justice of the peace. 

Q. You witnessed that affidavit also, I believe?—A. I witnessed their signa¬ 
ture for IMrs. Elizabeth Walton. 

Q. Did you challenge the vote of Mrs. A. M. Duncan on the day of election?— 
A. No; because certificates accompanied it. 

Q. Do you know this is the same Mollie Houck?—A. I do. When Mrs. IMollie 
Houck was being registered I thought I knew who it was, and I asked him and 
he stated Price Houck’s wife, and this is the same one. 

Q. And the registrar might have been mistaken himself as to which it was, 
might he not?—A. Not likely; no other Mollie Houck in the township that I 
know of. 


CAMPBELL VS. DOUGHTON. 


1571 


Mr. CLAUD SHEETS testified as follows: 

Direct examination by C. B. Spicer: 

Q. What township do yon live in?—A. Ohids. 

Do yon know Hoy Lambert?—A. Yes, sir. 

Q. Can he read and write?—A. He can write. 

Q. Did he present himself for registration?—A. He told me he did. 

(Objection by contestee.) 

Q. Was he a soldier?—A. Yes, sir. 

Q. Drafted into the war?—A. Yes, sir. 

Q. What is his politics?—A. Republican. 

Q. Do you know George Miller?—A. Yes, sir. 

Q. Is he a soldier?—A. No, sir. 

Q. Can Hoy Lamhert read and write as well as George Miller?—A. He can 
write; I don’t know about the reading. 

Q. Did George Miller read and write?—A. I don’t know. 

Q. Did you ever see him make his mark in signing his name?—A. I don’t 
remember that I ever did. 

Q. Do you know Ed O. Miller?—A. Yes, sir. 

Q. Did you examine the registration books on challenge day, Saturday pre¬ 
ceding the election day, November the 2d?—A. Yes, sir. 

Q. Was the name of Ed O. Miller on the registration book on that day?—A. 
Yes, sir. 

Q. Was he challenged on election day?—A. Yes, sir. 

Q. On account of his name not being on the registration book?—A. Yes, sir. 

Q. Was the name of George Miller on the registration books on challange 
day?—A. I couldn’t find it. 

Q. Did you look specially for it?—A. Yes, sir. 

Q. Ed O. Miller, what is his politics?—A. Republican. 

Q. What is George Miller’s politics?—A. Democrat. 

Cross examination by T. C. Bowie : 

Q. Ed O. Miller voted ?-^A. Yes, sir. 

(}. And he moved into Ohids Township from Peak Creek Township?—A 
Yes, sir. 

Q. And he hadn’t got his transfer from Peak Creek?—A. I don’t know. 

Q. When they challenged him didn’t he tell he didn’t get his transfer?—A, 
I don’t know. 

Q. He is a Republican, and voted the Republican ticket?—A. Yes, sir. 

Q. Whose boy is Hoy Lambert?—A. Sam’s 

Q. Sam is a Democrat?—A. I think he is. 

Q. Hoy couldn’t read, could he?—A. I don’t know. 

Redirect examination by C. B. Spicer : 

Q. E. O. Miller voted there two years ago, Obids?—A. Yes, sir. 

Q. He rubbed his fist under the registrar’s nose before he voted this time?— 
A. That was my understanding. 

Recross-examination by T. C. Bowie: 

Q. After he voted two years ago he moved into the Peak Creek Township?— 
A. No, sir. 

Q. Never moved out at all? You say he didn’t live in Peak Creek?—A. Not 
after he moved into Obids. 

Q. You mean to say he voted there in the road bond election?—A. No; he 
voted in the- 

Q. You mean to say he voted in Obids Township in the election of 1918?— 
A. Yes, sir. 

Q. And then didn’t move back into Peak Creek Township after that?—A. 
No. sir. 

Q. Why was it necessary for him to get a transfer?—A. He didn’t know that 
he had to. He was legally registered at Obids. 

Q. M’asn’t his name on the Peak Creek book?—A. I don’t know. 

Q. Didn’t they charge him that it was?—A. That was the charge. 

Q. But he did vote, however?—A. Yes, sir. 

Q. And was permitted to vote and the Democratic judges both voted to let 
him vote?—A. I don’t know. 

Q. One would have had to voted with the Republican judge if he got to vote 
and he did vote?—A. Yes, sir. 



1572 


CAMPBELL VS. DOUGHTON. 


Mr. M. C. ROARK, recalled by contestant, testified as follows: 

Direct examination by C. B. Spicer : 

Q. Look on the registration book and see if you find the name of Ed O. 
Miller; Obids Township book.—A. I find Ed, jr. 

Q. Ed O.?—A. I find an Edmund, don’t find Ed O. 

Q. Find George Miller?—A. Yes, sir. 

Q. When do the registration books close for the registration for voters? 
How long before the election day"?—A. I believe the law is it closes on second 
Saturday before the election. 

Q. Could the name of a voter be placed on the registration books on or after 
challenge day and be a legal voter if they become of age after the close of the 
registration book? 

(Objection by contestee.) 

A. I understand that is the law that they can’t unless he becomes qualified, 
sometime before the election. 

Q. What age appears there for George Miller?—A. 23. 

Cross-examination by T. C. Bowie: 

Q. Mr. Roark, the registrar, might register a man when he didn’t have his 
registration book along with him?—A. I suppose he could. 

Q. And then put his name on the book afterwards? Not a question when his 
name goes on the book but a question of when he was registered, he is en¬ 
titled to vote; isn’t that right?—A. I would think the registration book should 
show the date of his registration. 

Q. Doesn’t that book show that George Miller was registered within the legal 
time?—A. The best I recollect it seem to me that Saturday the 23d was when 
the books closed. 

Q. What does that date show there that he was registered?—A. Shows 22d. 

Q. So therefore he, according to your recollection and according to your 
record, was registered within the time required by law?—A. That is so. 

Redirect examination by B. C. Spicer : , 

Q. The purpose of challenge day is for all registers to be on the book so the 
voters of the township can inspect them and see who to challenge, is it not?—A. 
That’s my understanding. 

Q. If a man’s name is not on the book on clnillenge day and then on there later 
it looks like something wrong about it does it not?—A. I would think every 
man’s name ought to be on the registration book that was entitled to vote on 
challenge day. 

Recross-examination by T. C. Bowie: 

Q. Does not that record show that the name of George INliller was on that book 
a week or more before the challenge day?—A. Well, the dates here ought to 
speak for that; I don’t remember. 

Q. The challenge day, Saturday following the day books closed?—A. Yes, sir. 

Q. And that record shows his name was placed on the book on the 22d day of 
October?—A. I think so. 

Mr. J. F. DILLARD testified as follows: 

Direct examination by C. B. Spicer: 

Q. Mr. Dillard, do you know Alex Dancy?—A. Yes, sir. 

Q. Do you know where he is?—A. I do not know. 

Q. Where does he live?—A. In .Tefferson Township or Obids. Lives out 
above Yates. Might be in Peak Creek; I don’t know. 

Q. Do you know whether or not there was a subpoena issued for him to be 
here at this hearing?—A. I suppose so. 

Q. And served on him?—A. I guess so; the officer is here. 

Q. What conversation did you have with him with relation to the grand jury 
at the April term, 1921, of the Suj)erior Court of Ashe County? 

(Contestee objects to the testimony on the grounds that it is hearsay evidence 
and therefore incompetent.) 

A. I met Mr. Dancy this side of his home. He said he had been up to West 
Town and they had arrested some of the registrars, and he said he saw a crowd 
of them big Democrats canvassing, and said they said it wouldn’t pass the grand 
jury; that they would knock it out at the grand jury. 



CAMPBELL VS. DOUGHTON. 


1573 


Q. Do you know W. J. Price?—A. Yes, sir. 

Q. Where does he live?—A. Beaver Creek. 

Q. Where is he in business?—A. West Jefferson. 

Q* Is he one of the big Democrats from West Jefferson?—A. He is a Demo¬ 
crat. 

Q. Was he foreman of the grand jury at the April term, 1921?—A. Yes, sir. 

Cross-examination by T. C. Bowie: 

Q. Did Mr. Dancy say who the big Democrats were?—A. No, sir. 

Q. The grand jury did find a true bill in one of the oases?—A. They said they 
did, and I was summoned here all the week and never was called, so were sev¬ 
eral others. 

Q. And the solicitor and Mr. Spicer in open court said they had examined all 
the witnesses, and that in their opinion there wasn’t sufficient evidence to con¬ 
vict the defendant and recommended that the case be nolle pressed?—^A. I 
didn’t hear. 

(Contestee offers affidavit of W. B. Bauguess, p]xhibit “ C,” for Ashe County, 
rebuttal hearing, which is hereto attached and which is as follows:) 

Ex hip.it C. 


North Carolina, Wake County: 

I’ersonally appeared before me W. B. Bauguess, who, being by me duly sworn, 
says: 

That he is attorney for contestant in the investigation of Dr. J. I. Campbell v. 
B. L. Doughton, and is a resident of Ashe County, N. C., but on account of 
necessary absence is unable to attend the rebuttal hearing of contestant. 

That in the election of 1918 affiant was a judge in .Jefferson Township, A. F. 
Rose being registrar, and Q. A. Duncan judge, and on opening the absentee 
votes there was an effort made by the registrar and the judge to keep affiant 
from seeing the ballots cast, but affiant persisted and did see the ballots and 
made a memorandum of the following electors, whose certificates certified that 
they were voting straight Republican tickets, to wit: 

Willie T. Dillard, whose ticket was Democratic for Congress, county marked 
out, and there appearing to be two ballots cast by him, one dated August 2(5 
and another September 20, the latter being straight Democratic county. State 
Republican, congressional Republican. But affiant does not remember which of 
the two ballots was cast, but believes it was the first. 

S. E. Wyatt, Floyd Gentry, D. B. Graybeal, G. B. Graybeal, and Thomas 
Elliott, all certified they voted straight Republican tickets, while the tickets 
cast were straight Democratic for he county; that at the opening of the 
ballots G. L. Park, attorney for the contestee, was also present, and affiant 
called his attention to the discrepancies between certificates and ballots; affiant 
and the registrar and other judge sealed up certificates and envelopes in which - 
all absentee ballots were voted sealed up and filed with the register of deeds, 

J. D. Stansberry, but were taken out the next day, as affiant was informed, by 
A. F. Rose, the registrar in the election. 

That in the 1920 elections or as a result of same and the unfair practices, 
several prosecutions were started and out of several cases bound over to the 
grand jury affiant believed some of them should have been prosecuted, but that 
a true bill was not found in any case except one, which affiant previously had 
told his associates would not support an action. 

That in the opinion of affiant, having discussed such practices with a great 
many people, such practices has already led to very strong feeling and dis¬ 
content, and its consequences may be very serious if such unfair practices are 
permitted to continue. 

[seal.] W. R. Bauguess. 

Subscribed and sworn to before me, a notary public in and for Wake County, 
N. C., this 4th day of May, 1921. 

Gertrude Gunter, 

Notary Puhlic. 

I\Iy commission expires January 22, 1928. 

(By request, J. B, Council appears for the purpose of examination of Mr., 
Charles B. Spicer in the absence of Mr. R. Bauguess, attorney for con¬ 
testant. ) 




1574 


CAMPBELL VS. DOUGHTON. 


C. R. SPICER testified as follows: 

Direct examination by J. B, Council : 

Q, IMr. Spicer, do yon know F. D, Diiffield?—A. Yes. sir. 

Q. Do yon know anythinsr about a certain tax receipt that was referred to in 
the previous examination in this bearinj'?—A. Yes, sir, I know in the bearing 
for the api)arent purpose of attacking me personally and trying to becloud the 
issue it was attempted to be shown by innuendo and otherwise that I had 
issued a tax receipt for IVIr, Duffield. I have no distinct recollection about INIr. 
Duffield’s tax receipt except when the Republicans met in Lansing, N. C., on 
either April 30 or May 1, I think April 30, I remember hearing his name 
mentioned, and it is my recollection that his tax receipt was got along with the 
others, and I may have had the tax receipt and turned it over to R. Blevins, 

I don’t recall and wouldn’t say positively about that. I never did discuss the 
tax receipt with Mr. Duffield and the tax receipt was issued regularly and 
stamped with the sheriff’s stiimp and Mr. Dufiield’s name appears to be in the 
handwriting of the sheriff himself. 

Q. Did you examine the tax receipt?—A. Yes, sir; I examined it when it 
was produced in the hearing. 

0. Do you know the handwriting of the sheriff?—A. Yes; I think I do. 

Q. Slate anything else, IMr. Spicer, you may know with relation to that 
particular tax receipt.—A. I have no recollection about it. We paid several. 

I have, I guess, 10 or 15 tax receipts in my pocket now, paid at the same time 
and stamped with the same stamp and dated with the same <late, some of 
which I know are in the handwriting of IMr. T.atham, and they do not appear 
on the sworn list. I renuanber one, G, AY, Blackburn, he works for me. 

Q. AVhat about that receipt?—A. He come to me l)ef<)re the 1st of IMay and 
asked me to pay his poll tax, and I did so. When I went to examine the books 
on the day we met I found his taxes were listed in the name of G. B. Black¬ 
burn, so I turned through, the book to the back Jind had the sheriff to issue 
a tax in the name of G. W. Blackburn. He didn’t vote. 

Q. How would he have voted?—A. Democratic if he had voted. I never 
discussed voting with him. As I remember in looking over the books that day 
I saw the name of my brother-in-law, who is a Democrat, h‘s tax not paid, and 
I paid it. Glen Neal. I paid a good many other Republicans’ tax, some of 
whom had arranged with me beforehand and some of whom I paid on my own 
initiation. 

State anything else you may know about any other tax receipt.—A. 
Lark IMullis was called on at the last hearing of the contestee, wluch was abso¬ 
lutely irrelevant to the is.sue, he having voted in 1018; for the further purpose 
of attacking me personally, and I thought at the time for the pui'iio.se of 
trying to deter me in my prosecution of these election cases. I don’t remember 
about Lark Mullis’s receipt, don’t remember giving him one. Dr. Blevins tells 
me that he had paid his tax receipt and had give it to me to give to hiin, and 
that’s all the recollection I have. But he is a Republican, and I have paid his 
tax several fines heretofore, and I guess he was right in it. Ike IMedley was 
another person that was called for the same purpose, I presume, his testimony 
was concerning the election of 1918, that I issued a tax receipt to him, and I 
state positively that I never mentioned voting to him in my life. He lives on a 
Democrat’s land, and I never thought about him voting a Republican ticket. 
It is not customary for men living on a Democrat’s land to vote Republican 
ticket. The Democratic landlords wouldn’t permit it. I never issued him' a 
tax receipt or paid any for him and don't know anything about it. I never had 
any intimation of anything like he testified till this hearing. He is a simple 
minded sort of fellow, and somebody has evidently got him to swear what he 
swore, because it is positively not so, with ladation to my.self. Frank Taylor’s 
tax receipt—the only recollection I have about that is this: I thought all the 
time that Frank/Taylor was a Republican. I remember discussing the matter 
with IMr. Amnnoy, his father-in-law, sometime prior to May 1, 1920, and asking 
about Franlfs tax receipt. 

Q. Asked Mr. A^annoy?—A. Yes, sir. Mr. Vannoy said that if his taxes were 
paid, he would vote partly, if not all, of the Reimblican ticket; vote anyway 
for the sheriff and for some more, doubtless. I have examined the tax receipt 
of Frank Taylor, and it ai)pears to be in the handwriting of the sheriff, and 
it is stamped with the sheriff’s stamp and regular. 

Q. AAdien did you examine it?—A. In the hearing. And to the best of my 
knowledge it was paid before the 1st day of May. Mr. Vannoy says that I gave 




CAMPBELL VS. DOUGHTON. 


1575 


him the tax receipt after tlie 1st day of May, which I take it is true; I have no 
recollection. If I did give it to him it was paid before the 1st dav of ^May 

mono payment was made iirior to the 1st day of I\Iay, 

LLU. A. les, sir. The contestee had an affidavit of Mr. Tavlor on his hear- 
‘ Taylor had been here just a few days prior to the hearing and had 
left tor some reason or other; and an affidavit was introduced, pur})orting*to be 
sif^ned and s\\oin to by him, in which he states he had a conversation with me 
and I did not know anything about the tax receipt. I will state this about the ’ 
comersation: J. ]\I. Parsons, of Landenburg, Pa., was in my office some time 
altei Ao^embel 2, 1920. don t remember the exact 'date, after these election 
prosecution cases had lieen started, and told me that he had heard that I had 
issued a tax receipt for Frank Taylor. He says, “ If that true, you had better 
go slow in these prosecutions, because they are liable to get you in trouble.” 

I said tluit was a lie; that I didn’t do it. About that t me, I, being in my office, 
which is in the first tloor of Main Street in the building, saw Frank Taylor 
pass by the window, and I called him in my office and had a conversation with 
him in the presence of Mv. Parsons. I sa.ys, “ Frank, what about this tale going 
on ine, that I forged a tax receipt for you to vote at the election?” He said, ‘‘ I 
don t know anything about it,” and I told h’m INlr. Parsons had just told me that 
“ tales were going that I issued a tax receipt,” and the words I used to him at 
the time, I sa.ys, ” That’s a damn lie, and you know it.” And I use the same 
words now. I said, “ Where did you get your tax receipt?” He said, “ The old 
man \ annoy gave it to me.” I said, “ I don’t remember about the tax receipt; 
where did the old man Vannoy get the tax receipt?” and he said, “You give it 
to him.” I said, “If the old man Vannoy gave it to you and savs I gave it to 
him, the tax receipt is all right. It was paid before the 1st‘day of May.” 
That’s the only conversation I had with him about it. ^ 

(}. What about Fed Turnmire?—A. Now, the contestee, through his admirers 
and attorne.vs, had one Fed Turnmire here that testified in the hearing that I 
offered her $25 to testify in a certain case against H. INI. Burgess in the superior 
court of this county. I state positively that I didn’t even know she was a 
witness at court until she testified she was a witness. Never siioke to her a 
word in my life, except to extend greeting relating to the day in passing, and 
don’t know that I even did that. IMr. G. M. Harless got a list of the subpoenas 
for the witnesses, and he says that her name did not appear as a witness for 
the State. I never did examine her and didn’t know that she knew anything 
about the facts of the case. That was another attempt to becloud the issue 
and trying to besmirch my character, an attempt to deter me from the prosecu¬ 
tion of the election frauds and corruption that has prevailed in the last 10 
years in this county, since I have been here. 

Q. IMr, Spicer, state what you may know with relation to the manner in 
which the elections are held, or with relation to any corruption.—A. I have 
examined the books and been in all the precincts of the county and talked to 
the citizens, and it is my opinion that there were 500 or more Republican 
women turned down for registration in the county and that there were very 
few Democratic women turned down on account of educational qualification. 
Mr. Tom Post, who was reporter for the Gi'eeiisboro Daily News in Raleigh. 
N, r.. come to me about the time the registration books opened and he was 
In Jefferson at that time, and told me that from what he had heard since he 
had been in Jefferson that the election was going to be stolen in Ashe County 
at this time, on the registration of the women voters. 

Q. What else did he say, if anything?—A. After he made that statement, I 
was at Lansing next day and introducing Dr. Campbell, the contestant, I 
stated that soldier votes had been stolen and it was my understanding that 
this election was going to be taken and stolen in the registration of the women 
voters. I stated that on the authority of what he had told me and the 
authority of what I had observed. 

Q. What had you observed?—A. I observed that they were beginning to turn 
down Republican women in Republican townships and registering everything 
in Democratic townships and it is my opinion that if we had had a fair and 
square deal in this election that the contestant would have carried the county 
by 500 majorit.v. C. M. Dickson, county superintendent, testified that in my 
speech at Lansing, N. C., in introducing Dr. Campbell, the contestant, I said 
that we did not want the niggers to register. I didn’t state it that way. The 
wny I stated it Avas this: I said that the purpose of the amendment or the 
avowed purpose of the amendment as contended and claimed by the Democrats 



1576 


CAMPBELL VS. DOUGHTON. 


was that the constitutional amendment requiring literacy for the voter had 
been brought about for the purpose of disfranchising the nigger and that Gov.. 
Aycock had said at the time the amendment was up that no white person 
would be disfranchised and that they would not attempt to apply it to the 
white people. I said as far as the amendment was concerned we liad no ob¬ 
jection for this reason, that under t^ie present method of registering, the niggers 
that did get to register were usually illiterate and usually voted the Demo¬ 
cratic ticket and that no nigger that was educated and would vote the Repub¬ 
lican ticket would be registered—that I had seen it tried and for that reason 
if they wanted it applied to the registration it was perfectly all right with me 
but I didn’t want to see any white person cut out and am still of the same 
policy. Mr. Dickson testified that Dr. Campbell, the contestant, said in his 
speech down there that he didn’t want the nigger to vote. I have no recollec¬ 
tion of Dr, Campbell mentioning the nigger proposition in his speech. 

Q. Where was that?—A. At Lansing, N. C. I know in this election in West 
.Teflersoii Townshi]) and in Crestoii d^ownship there were niggers that pre¬ 
sented themselves for registration and it is my understanding that they stood a 
perfect test before the registrar, read and wrote every section that he required 
them to write and were denied registration because they were going to vote 
Republican, and I further know that there is one nigger in .Jefferson Township, 
a mulatto, always classed with the nigger; my understanding is she doesn’t 
know a letter in the book, was registered and voted the Democratic ticket. 

Q. Lives in this town?—A, Yes, sir. ]\Iy understanding further that good, 
decent white women in Jefferson Township were denied registration by the same 
registrar. 

(Objection by the contestee to the understanding of the witness.) 

Q. Do you know the names of any?—A. I'es, sir; I know Mrs. Coldiron and 
her daughter, Ed Taylor’s wife, I^ewis Kelly’s wife, who I understand can read 
and write, and about three others. 

Q. And w’ere denied registration?—A. Yes, sir. 

Q. Anything further, Mr. Spicer, on that point?—A, I just wmnt to say this: 

I don’t waint to be put in the attitude of attacking anybody personally. One 
thing connected with the last term of court some of the evidence had been dis¬ 
cussed here as shown the big Democrats said the election cases w^ere going to be 
throwed out. 

Q, Do you know^ the foreman of the grand jury, W. J. Ihuce?—A. Yes, sir. I 
know’ that the jury list, as draw’n from the box by the commissioners of Ashe 
County; the clerk of the court and the sheriff’ of Ashe County are both Demo¬ 
crats ; the jury list appears as checked by the Democrats, as I am informed, 
checked by the Democrats and show’ed 22 Republicans and 14 Democrats out of 
the 36 jurors. 

Q. Idiat w’as draw’ii?—A. From the box. IMr. Roark, the registrar, says that 
IMr. Austin, the Democratic county chairman, and sqme other person, checked 
the list before court convened, and according to their check show’s 22 Republicans 
and 14 Democrats on the jury list as draw’u. 

Q. State how’ it is drawn.—A. The list of the jurors as draw’ii from the box 
are placed in a hat and supposed to be stirred up, and a child draw’s the names; 
18 men from that list constitute a grand jury. I know’ that w’heii that grand 
jury W’as draw’ii, according to the test of my checking, that out of the 14 Demo¬ 
crats on tlie list as draw’n from the box, 12 of them appear on the grand jury, 
and it seems that w’hen they got in there they w’hitew’ashed all this corruption 
and fraud that w’as brought into the court except one case. 

Q. What case w’as that?—A. State against Emery Spencer. 

Q. Mr. Spicer, state w’hether or not in your opinion that that involved as much 
turpitude and corruption in the case of Spencer as in the other cases wdiich you 
had examined as a counsel.—A. No, sir; it did not. I stated in the magistrate’s 
trial at the time it wms tried that wdiile I thought there w’as some irregularities 
there w’asn’t enough to convict him. Was honest in my statement at that time. 
Mr. Graves, the solicitor, asked me to draw^ the bills in these cases of men w’ho 
had been bound over to court in these election frauds. I did draw’ the bills and 
told Mr Graves at the time I drew’ the bills that I didn’t think there was evi¬ 
dence enough to convict Spencer, but I thought there w’as evidence sufficient to 
convict every other one of them, and I still think it. There w’ere Democratic 
w’itnesses against these defendants that did not attend court and were never 
called before the grand jury, and I told Mr. Graves they w’eren’t in attendance 
on court and ought to be made to attend, but no action w’as ever taken to cause 
their attendance. 




CAMPBELL VS. DOUGHTON. 


1577 


Q. In what case?—A. In all the cases. 

Q. Mr. Spicer, you drew the bills in all of the cases, including the Spencer 
case?—A. Yes, sir. 

Q. And that no true bills in any case except the case against Spencer were 
found?—A. No, sir; and that, in my opinion, was for the purpose of trying to 
becloud the issue as in the other matters ; and trying to make the people of the 
county think that the matters was heard fairly and impartially before the 
grand jury. That’s my opinion. Of course, I don’t know. I will state this—the 
oath ot tlio grand Jury is hiich that the grand jurors can not be examined in this 
or any other hearing. I wisli it was so that we could examine some of the 
Democrat or Itepubliean graml jurors and know just what did happen in the 
grand jury room. 

Q. Do you know of any means whereby the foreman, who is appointed by the 
judge, of the grand jury, how he would know that he was going to be appointed 
as grand juror for that term of court?—A. No, sir; unless inside information 
handed out. He is selected by the judge who is presiding, after the gi’and jurors 
have been selected and drawn from the hat. 

Q. Did you have any conversation with the foreman of the grand jury prior to 
his appointment as foreman?—A. No, sir. 

Q. Anything else Mr. Spicer that you want to state, state it.—A. I think that’s 
all. I made some notes that were brought out against me personally in the 
other hearing. I wouldn’t have gone on the stand; I don’t think it is the 
province of lawyers to testify, but I have been attacked personally and was 
forced to go on the stand and testify in my own behalf. 

Q. That all you think of?—A, Yes, sir. 

Cross-examination by T. C. Bowie : 

Q. Mr, Spicer, you say that you went to Lansing and paid some poll taxes on 
the 30th of April or 1st day of May?—A. Yes; I think the 30th of April. 

Q. You are sure that you paid them at Lansing, N. C.?—A. Yes, sir. 

Q. And that you paid them in person to the sheritf ?—A. Yes, sir. 

Q. And not to a deputy?—A. No, sir, 

Q. You went up to Lansing on the train in the morning and came back the 
same day on the train?—A. Yes, sir. 

Q. So then the poll taxes you paid there was paid between the running of the 
train there on the 30th of April or 1st of May?—A. Yes; what taxes I paid. 

Q. And you say Mr. Duffield was mentioned that day by someone?—A. Yes, sir. 

Q. As a matter of fact, Mr. Duffield was not returned by the sheriff on the 
sworn paid list as being paid?—A. No, sir; there were several. I remember one 
man in Pine (Stok Vannoy) Swamp Township. His may have been paid and 
torn out of the back of the book. 

Q. Mr. Duffield’s tax not listed on the tax book?—A. No, sir; nor Mr. 
Vannoy’s boys wasn’t listed on the tax book. 

Q. Dr. Blevins went with you to Lansing at the time you mention?—A. Yes, 
sir. 

Q. And he returned at the same time and the same train?—A. That’s my 
recollection. 

Q. After Mr. Duffield went on the stand and testified in this case you had 
a conversation with him after he came off the stand?—A. Yes, sir. 

Q. Then he went back on the stand and modified his testimony?—A. Yes, 
sir. He testified that he came over here and saw me and got his tax receipt. 
After he went ofi: the stand I told him that was a mistake, that he had never 
mentioned the tax receipt to me, and he said that since he had refreshed his 
recollection that he believed that was true, that he got his tax receipt from 
R. F. Blevins, deputy sheriff, that he didn’t have any conversation with me about 
it, and then he weiit on the stand and corrected his testimony. 

Q. Mr. C. R. Latham, Republican sheriff?—A. Yes, sir. 

Q. Mr. Latham in the county, is he not?—A. Yes, sir. 

Q. You have had a hearing of this case on Thursday of this week; day be¬ 
fore yesterday?—A. Yes, sir. 

Q. Sheriff Latham was here then, was he not?—A. No, sir; not that I know of. 

Q. I will ask you if he wasn’t in town on Wednesday and Thursday of this 
^veek?—A. Here"Monday and Tuesday; didn’t see him if he was here Wednes- 

He would know when these poll taxes were paid, would he not?—A. Yes, 

sir; if his books showed. , ^ ^ ^ 

Q. He ought to know all about it?—A. I don’t suppose he would have any 

independent recollection of it. 


1578 


CAMPBELL VS. DOUGHTON. 


Q. You haven’t called him as a witness in this cpe to testify about these 
poll matters?—A. No, sir; nor the contestee hasn’t either. 

Q. You say that—who do—you paid Mr. Frank Taylor’s poll tax? A. vVell, 
sir, I suppose I did. 

Q. If you paid it you paid it at Lansing?—A. Yes, sir. 

Q. His poll-tax receipt l)ears date of April the 30th?—A. Yes, sir; just like 
all the tax receipt I got that day at Lansing. 

Q. You swear that poll-tax receipt is in Charles Lathams handwiiting. 

A. To the best of my knowledge; yes, sir. 

Q. He would know his handwriting if shown to him?—A. Yes, sir. In the 
same handwriting as some others I had and shown him, and he said the othei s 
were in his handwriting. Havn’t had possession of Frank Taylor s tax le- 

ceipt, and had no opportunity. , 

Q. The sheriff at I.ansing had the tax books for every township in the 

county, did he not?—A. Yes, sir. „ * ^ % 4 . ^ 

Q. When you were paying the poll-tax receipts?—A. Yes, to the best of my 
recollection he did. I don’t think I examined any except Jeffeison and majbe 

two or three others. . . , -i- 

Q. There were other men there looking after their townships.''—A. les, sir. 

Q. Then I ask you to explain why it was that he issued this poll-tax receipt 
for" Frank Taylor upon a blank for Walnut Hill Township and marked out 
Walnut Hill T^iwnship and wrote Jefferson Township in pen through the era¬ 
sure of Walnut Hill Township?—A. As I remember, the register of deeds in 
making out taxes for Jefferson transcribed from the scrolls to the sheriff’s tax 
books, tilled up the entire book without getting all the names of the township 
on it and the sheriff's tax books now show that he has some 75 or 100 blanks 
from other townships pinned in the back of his book, and I have some 8 or 10 
in my pocket now with other townships stricken out, some of whose names 
are on the paid list. The Jefferson book is not large enough to hold all the 
names, and the book will show it now. 

Q. In making out the tax books you keep a stub of each man’s tax?—A. 
That’s the custom where the register of deeds makes out the tax. 

Q. And the register of deeds makes out the tax on all the books?—A. Yes, 
sir. After they are listed, or the tax books are made, he certifies the listing 
to the sheriff and the sheriff records it. 

Q. Then if the Jefferson tax book didn’t contain enough blanks to make out 
taxes for all the taxpayers in the township, upon what did the register of 
deeds make out the record of the books, and to what could there have been in 
the back of the book to pin such a record of blank receipts on, as you sa.v was 
In that book? Please explain that.—A Yes, sir; I can do it easily. The book 
he had was about 10 inches long and 5 inches wide down at the ends and 
opened at the other end. In filling out and transcribing the taxes from the 
scrolls, which are in the office of the register of deeds now, the rc'gister of 
deeds who did all the transcribing filled up all the blanks in the Jefferson 
Township. The book has been bound before he did the transcribing. I presume, 
in order to save the county an expense of having that bound, they let him— 
the register of deeds—I suppose, took extra blanks that he had for other towm- 
ships that he hadn’t used and pasted them to the back of the book for Jef¬ 
ferson Township. 

Q. Then he pasted in the stubs and the blanks in the back of the Jefferson 
book?—A. Yes, sir. And had some extra, some that didn’t have any names. 

Q. For what reason would he paste in blanks in the back of the liook if he 
had no parties against whom to make out a tax and place on the stub of the 
blank?—A. He pasted these in to finish holding the names that he had tran¬ 
scribed from the books; before he pasted them in he got blanks from various 
townships, I suppose, and fastened them together and just iiasteil them to the 
book, and in transcribing the additional names that he did have he didn’t con¬ 
sume all the blanks that he had attached. 

Q. And So the Jefferson fax books had the AValnut Hill blanks pasted in it?— 
A. Yes; and other townships, as I remember. They stricken out and Jefferson 
written above. 

Q. The fax receipts to which you have reference were not signed in person 
by the sheriff, were they?—A. No, sir. Don’t think he signed any receipts this 
year; just put a stamp on it. 

Q. By a rubber stamp?—A. Yes, sir. 

Q. You say there has been fraud and corruption in this county for the 
past 10 years in the election.—A. Yes, sir. 








CAMPBELL VS. DOUGHTON. 


1579 


Q. For the past four years the Kepiiblicans have been in absolute control 
of this county, have they not?—A. Yes, and would have for the last 10 
years if they had had a fair deal. 

Q. And in this election they elected more than one-half of the officers, did 
they not?—A. Yes, sir; and would have elected all of them if they had had 
half a chance. IMr. Austin told me after the election that this was a Hepuhli- 
can county—Mr. Austin, the Democratic county chairman, and one of the 
attorneys for the contestee. 

Q. I will ask you it it hasn’t appeared in the hearing of this case that the- 
Democratic re'gistrars of this county in almost every township in the county 
permitted both Democrat and Republican women to register that couldn’t read 
nor write, and if they were not solicited by your party and yourself and 
requested to do that?—A. The Democratic registrars testified to that. My 
party and I did try to get them to register everybody. Democrats and Repub¬ 
licans, and treat everybody fairly, impartially, and alike. It appeared that 
in the Democratic townships, such as Jefferson and Chestnut Hill, that there 
were Republicans that registered that couldn’t read and write, but in the strong 
Republican townships the illiteracy test was strictly and stringently applied. 

Q. You say you i)aid Glen Neal’s poll tax. Did he vote?—A. No, sir; he 
didn’t. He wasn’t here. 

Q. Do you testify as a fact that any Negro in Ashe County offered himself or 
herself for registration that could read and write the constitution of North 
Carolina and was turned down by any registrar in this county?—A. I wasn’t 


there in person, but I was reliably informed that in Creston Township that 
there was some four or five Negroes who presented themselves for registration 
and stood a perfect test and was turned down. I had one Negro from West 
Jefferson Township come to my office and tell me that he and several others, 
including some schoolteachers, had presented themselves to the registrar in 
West Jefferson Township and stood a perfect test and had been denied regis¬ 
tration, and had been told by the registrar that he didn’t know how to register 
a nigger. 

Q. Did you examine the darkey to see whether he could read and write?—A. 
No ' sir. Bernard Graybeal, a reliable citizen of West Jefferson, and J. A. 
Richardson, another reliable citizen of West Jefferson, told me they were 
present when they presented themselves for registration and they related the- 
same facts as the nigger did. 

Q. Don’t you know, as a matter of fact, that they took them there for regis¬ 
tration?—A. I don’t know; they might have done it. 

Q Bernard Graybeal and Mr. Richardson are both Republicans and are 
applicants for the post office at West Jefferson?—A. Bernard is an applicant for 
the post office and Mr. Richardson’s daughter is. Both Republicans. 

Q You stated that Mrs. Coldiron in this township was denied the right to 
register; do you state that she can either read or writer?—A. She says she 
can’t. Mrs. Keely they say can read or write. 

Q Do voii know as a fact that she can or can not?—xV. No. sir; I don t know. 
The obiection that I had to Mrs. Coldiron was that I.eah Sexton, a mulatto that 
lives in Jefferson, I have information from the Negro school and teacher where 
she was placed to go to school, was that she didn’t know a letter in the book or 
when it is upside down, and that she was registered and voted Democratic. 

O Then vou don’t know ^whether the Sexton woman can read or write?—A. 
The'reason ! think my information is correct is that she is kindly a quadroon, 
not entirely black. I understand she wouldn’t go to school with niggers and the 
white people wouldn’t let her go with them, and she never had the opportunity 

Q. Ed Taylor’s wife can’t read and write? A. I understand she can. 

O Based upon information only?—A. Y^es, sir. . , , ^ . 

(J Until the grand iurv is drawn from a hat by a child under 6 yeais of age 
nmler our law*^—A. Yes.’^sir. And I understand that Mr. Stansberry, who is the 
clerk of the court, had his child to draw the grand jury this time 

O The child draws the names from the hat in open court in the presence^of 
evervhodv in the courthouse?-A. Yes; but it would be easy to get men on the 
eraiid iiiiw in this wav: If the clerk—I don’t want to make a chargMii dia\\- 
fn- oV the names, to have all the Republicans at the head of the list and all 
the Democrats at the bottom of the list, and when placed in the hat the R^ 
publicLs would be on the bottom and when drawn all Democratic names would. 

come out. 


1580 


CAMPBELL VS. DOUGHTON. 


Q. You were in the court room present when the grand jury was drawn, were 
you not?—A, Yes. 

Q. Did you see any attempt on tlie part of the clerk or anyone else to not 
comply strictly with the law in drawing the grand jury?—A. No, sir; I did 
not. 

Q. The jury has to be drawn in the open?—A. Yes, sir. 

Q. The names put in the hat in the open, are they not?—A. Yes, sir. 

Q. Do you swear before this commissioner here that 12 of the last grand 
jury were llepuhlicans?—A. No, sir. I undei'^tand 12 Democrats. Boh ISIiller, 
Democrat, was excused, left 11 Democrats and 1 Republican excused; 11 Demo¬ 
crats and 6 Republicans the way I checked it. 

Q. As a matter of fact,, don’t you know that of the 17 men that remained on 
that grand jury that 9 of them were Republicans and 8 Democrats?—A. No, sir; 

I do not. 

Q. You won’t swear that was a fact?—A. No, sir; but from my checking, and 
I have—I am pretty well familiar with the people of the county. 

Q. So you have checked the political complexion of the grand jury as well as 
other fellows?—A. Not until I come here yesterday and I found the Democrats 
had checked the grand jury list and that aroused my susincions. It takes 12 men, 
however, to get a true bill in all cases, and I know if the grand jury found a 
true bill against Emory Spencer, if they had examined the witnesses in the 
other cases and observed their oath they would have found a true bill. 

Q. You were assisting the solicitor in the prosecution of these cases, were you 
not?—A. Yes, sir. 

Q. Did you make any complaint to Mr. Graves that the witnesses wouldn’t 
attend the grand jury in those cases?—A. Yes; I certainly did. 

Q. You have sworn that the Democratic witnesses didn’t attend.—A. Some did 
and some didn’t. 

Q. Name some of the Democratic witnesses that didn’t attend.—A. Airs. 
Fannie Colvard was one and George INIiller another. That’s my information 
and they don’t appear to have been examined before the grand jury. 

Q. Did you request the solicitor to continue these bills?—A. No, sir. That 
was the solicitor’s own business. He was a sworn officer of the State. I 
wasn’t. 

Q. Y^ou charge that the solicitor of this district acted bias in this matter 
and the discharge of bis duty in this case?—A. No, sir; I do not. I didn’t see 
anything out of the solicitor that tended to show that he was taking any side 
one way or the other. He seemed to be prosecuting the cases, apparently, as 
other cases, except that he didn’t call out these witnesses and have capias 
issued for them and ask that the grand jury continue bill until witnesses be 
secured. 

Q. Y'ou didn’t request him to do this?—A. No, sir. I did state in open court, 
in presence of the judge and the solicitor at the time the solicitor took the 
nolle pros in the case of State v. Emory Spencer, that I couldn’t see why it was 
the grand jury would find a true bill in the case of State v. Emory Spencer 
and return not a true bill in any other case. I further stated that I had 
examined the case and didn’t think that there was evidence enough, sufficient 
to convict, but did think there was ample evidence, sufficient to convict in 
either of the other cases before the grand jury. 

Q. You do make the charge that the grand jury in this county whitewashed 
these frauds?—A. No, sir; I stated the facts and the people can judge for 
themselves. 

Q. I will ask you if you did not state on direct examination that the grand 
jury did whitewash those election frauds in this county?—A. No, sir; I don’t 
think I stated it that way. INIost of the grand jury, as I knew, I thought to 
be good, honorable, straightforward men, who observed their oaths. It looked 
like that by returning the bill in the Spencer case and returning not a true 
bill in the other cases, knowing the evidence as I did, that there is something 
that would arouse suspicion of an ordinary man. Don’t know what was tho 
reason for not returning true bills. 

Q. You are resident of Jefferson Township?—A. Yes. 

Q. And attorney for the board of county commissioners?—A. Yes, sir. 

Q. You were at the time the two townships were divided, were you not?—A. 
Yes, sir. 

Q. You advised the commissioners to divide the township?—A. Well, I don’t 
remember whether I did or not. They might have advised with me and asked 



CAMPBELL VS. DOUGHTON. 


1581 


me to draw the order for the division, but I don’t remember that I advised 
them to divide the township. 

Q. You were at any rate perfectly familiar with the fact that the two town¬ 
ships were divided just prior to the election, were you not?—A. Yes, sir. 

Q. And yet you olfered the register of deeds on this hearing-to-day as a 
witness, attempting to prove by him by taking only one of the registration 
books of this township that the names of certain voters mentionetl in the record 
did not appear upon the registration books when you knew of your own knowl¬ 
edge that lots of those voters had been registered and voting "in this township 
for more than 10 years and did not call his attention to the fact that their 
names were on the other registration?—A. Well, sir, I didn’t check the regis¬ 
tration book. I had INIiss Florence Roark, daughter of the register, to check 
the registration books, all of them I supposed, and had the register to testify 
from the list that she furnished me. I didn’t care whether a man had voted 
here 10, 15, or 20 years; if he wasn’t duly registered he wasn’t a qualifiecl 
voter. I know one man not registered—Emmet Bullins—I challenged him two 
years ago for not being registered. His name was not on the book then, and he 
stated before the justices at that time that he had lived in the State of Vir¬ 
ginia some 8 or 10 years previous to the election, but that the Democratic judge 
and registrar allowed him to vote and his name not placed on the book. All 
the information I had about the others was the list furnished me by Miss 
Roark. Emmet Bullins voted two years ago and wasn’t registered then. 

Q. You knew Lum Combs had been voting in this township for 10 years or 
more?—A. His name doesn’t appear on the books now. I knew the registrar 
testified on former hearings that Miss Bessie Reeves voted in this township 
last election, and he testified himself she wasn’t registered. I was taking ad¬ 
vantage of such things as the record disclosed. 

Q. You knew that Uncle M. Wood, 70 years old, had been voting in this town¬ 
ship ever since you had been here?—A. Yes. I was informed he voted absentee, 
and at the fine didn’t know anything. Whether he ever registered or not I 
don’t know. The fact that he voted for 10, 15, or more doesn’t qualify them to 
vote unless properly registered. 

Q. Have you been registrar of this township?—A. In road election. 

Q. And you were present at the election when they voted?—A. Yes, sir. 

Q. Don’t you know these very parties that you challenged voted for that elec¬ 
tion?—A. I "wasn’t one of the judges. 

Q. You permitted them to vote?—A. I wasn’t one of the judges. 

Redirect examination by J. C. Counciix : 

Q. Mr. Spicer, did Leah Sexton, the mulatto to whom you referred, vote?—A. 
Yes; she voted. Come up arm in arm with white women. I saw her vote. 

Q.’ Do you know how she voted?—A. Only on information. 

Q. Graves, the solicitor, by proper process of the court could have gotten the 
witnesses in attendance upon court in the election cases could he not?—A. I 

si\i)pose so. ... « .LT 

Q. Did he issue nny process asking the court to give him any process for these 

witnesses?—A. I don’t know. I didn’t hear him. Graves appeared to want to 

do the fair thing in those cases. ^ , -n • 

Q. Do you still think there was sufficient evidence to have gotten a true bill in 
the election cases to which you refer?—A. Yes, sir; I sure do. 

M. C. ROARK, recalled by contestee, testified as follows: 

Direct examination by T. C. Bowie: 

O Mr Spicer testified that vou told him that Mr. Austin checked the jury list 
before court W. B. Austin, I will ask you who did check the jury list first as to 
their nolitics'^—A. As best I remember, I was coming up the street and come in 

contact with Dr. -, and he says, “ I have been informed that there is 

onlv about four Democrats drawn as jurors.” He Wanted to know how that 
come about. I told him I didn’t know, didn’t pay attention to the politics of 
neonle. I savs “Let’s some of you fellows that know something about it, lets 
L^o un and see.”’ We called Ed Johnson in, as he knew the politics of most of the 
teople ana we got the list and went over it. I said there was nothing unfair 
Kt dravving Mie Iwv, liecause I helped tix up tlie list hetore putting in the 
i o7 and that the clerk and the sheriff, he had the box In charge. We went over 
the list, and they checked them, hut I don’t reineniber just the number of each, 



1582 


CAMPBELL VS. DOUGHTON. 


not very much difference, though; possibly one or two in favor of one party 
or the other, but I don’t remember which one it was. 

Q. INIr. Austin not present, was he?—A. Not at that time but later; before 
court Mr. Austin asked me about the .lury list and I gave it to him, as best I 
remembered, and I think he got a list of them. I don’t know as to the checking. 
Think they had been checked, maybe twice, before INIr. Austin got them. Mr. 
Spicer came in the other day and got the list and it showed it had been checked 
by marks. 

Q. So Mr. Austin didn’t check the jury list in your presence?—A. I think 
Johnson designated the political party of each. I don’t recall of him checking, 
but he called for the list and I think he got the names. 

Q. Never discussed their politics with you a minute?—A. No, sir; never dis¬ 
cussed politics. 

It has not been and is not now the personal feeling of the contestant that any 
good and worthy citizen should he deprived of suffrage. This has been the^ 
avowed feeling of contestee but contestant has been prejudiced on account of 
discrimination by election registrars who were friends, attorneys, and admirers 
of contestee, in the registration of voters as set out at pages 14 and 15 of notice 
of contestant to contestee. 

The record discloses that in Laurel Township, Horse Creek Township, Creston 
Township, and all other strong Republican townships of Ashe County, the edu¬ 
cational qualilications for voting was rigidly enforced on Republicans. The 
record further discloses, according to testimony of A. G. Witherspoon, registrar 
of Jefferson Townsliip; in the testimony of I. N. Hudler, registrar of Chestnut 
Hill Township, both of which townships are Democratic strong holds, that the 
educational qualifications was not enforced at all in these townships on Demo¬ 
cratic registrants. 

The record discloses that the contestant was denied the votes of many Re¬ 
publicans in the Republican townships on account of the rigid educational test 
administered to them. He is advised under the laws of North Carolina he can 
not ask these votes to be counted for him. The contestee was not deprived of 
Democratic vites in Democratic townships on account of educational test. All 
were registered as disclosed by the record, and since the educational test was 
not applied in the aforesaid Democratic townships the contestant is advised 
that he has no way under the laws of North Carolina of which he can determine 
just how many illegal registrants in said townships voted for contestee. 

Also the record disclosed a large number voted in Jefferson and Chestnut Hill 
Townships who were not registered. The contestant can not go behind the 
returns to show who was legal and who was illegal and judge how each person 
voted, therefore the contestant hereby gives notice to the contestee that on 
account of the things herein mentioned the contestant will make motion before 
the congressional committee to throw away, disregard, and not count the entire 
vote of the townships of .Jefferson and Chestnut Hill, in Ashe County, N. C. 

Contestee replying to the rather remarkable statement made by the contestant 
says that the evidence in the record itself is the best evidence of what it dis¬ 
closed. Contestee emphatically denies discussing any such statements in re¬ 
buttal by the contestant. That, on the contrary, the evidence scrutinized care¬ 
fully will disclose the registrants in Ashe County violated the law, if it was 
violated, at the request and at the instance of the chairman of the Republican 
Party and of its admirers in insisting that people be registered who were dis¬ 
qualified under the law, and that the law was laxly applied as regards the edu¬ 
cational test in every township in Ashe County, and after the registrars had, 
at the instance of the chairman of the Republican executive committee and his 
admirers and friends, applied laxly the educational test and permitted large 
number of the Republicans to register who had disqualified if the law had been 
rigidly applied; that they were then prosecuted by warrants being sworn out for 
them by the chairman and his admirers. They were dragged to distant sections 
of the county and were otherwise annoyed and harassed by continuous removals. 
The chairman himself opened the prosecution against A. G. Witherspoon, having 
sworn warrant out for him and taken him some 16 miles from home for trial 
when both he and the registrar lived in the same township. 

This hearing is adjo\irned by P. L. Miller, commissioner of testimony and no¬ 
tary public in and for the county of Ashe, 

Nokth Carolina, Ashe County: 

I, Ensa Jj. Perkins, stenographer for the hearing on Wednesday, May 4, and 
Friday, May 6, being duly sworn as stenographer for said hearing, deposes and 




CAMPBELX, VS. DOUGHTON. 


1583 


says on oath that the foregoing is a true and correct copy and transcript of the 
evidence produced before me, to the best of my knowledge and ability as such 
stenographer. 

[seal.] Ensa L. Perkins, Affiant. 

Subscribed and sworn to before me this 24th day of May, 1921. 

W. R. Bauguess, United States Commissioner. 


North Carolina, Ashe County: 

I, P. L. Miller, notary public and commissioner of testimony in and for the 
county of Ashe, certify that the foregoing is a true and correct record of the 
evidence as heard before me on Thursday, May 4, and Friday, May 6, 1921. 
Witness my hand and official seal this the 24th day of May, 1921. 

[seal.] P. L. Miller, Notary Pui)Uc. 

My commission expires February 7, 1923. 

57695—21-^101 


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INDEX TO ADDENDA 


Note by the Clerk of the House 
Appearances for contestant: 

Bosle, W. E_ 

Britt. James J_ 

Burleson, I. II_ 

Campbell, James I_ 

Campbell, W. L_ 

Reynolds, G. D. B_ 

Spicer, C. B_ 

Appearances for contestee; 


Page. 

- 1309-1311 

- 1319,1390,1452,1484,1513,1538 

---^_ 1390 

1311.1390.1430.1452.1484.1513.1538 

1311.1319.1390.1452.1484.1513.1538 

1311.1319.1390.1452.1485.1513.1538 

- 1390,1484,1513,1538 

- 1551,1505,1573 


Bowie & Austin_ 

Brown. R. L_ 

Brown, Sykes & Brown_ 

Dougrliton, Robert L_ 

Huneyciitt, A. C_ 

Inp:ram, R. R_ 

Mann, W. L_ 

Price, J. R_ 

Richardson, H. Craig_ 

Sikes, O. J_ 

Smith, R. L_ 

Turner, H. C_ 

Notary’s certiticate_ 

Officers before whom depositions were taken: 

Howard, S. G_ 

Johnson, E. J_ 

Lee, J. D_ 

Miller, P. L_ 

Stenographer’s certificate_ 

Testimony for contestant_ 

Witnesses for contestant: 

Agle, J. E_ 

Almond, Bryan- 

Almond, M. L_ 

Ausburn, John_ 

Austin, C. L-- 

Austin, J. F- 

Austin, Lonnie- 

Austin, N, Eli- 

Austin, Paul- 

Austin, Philas C- 

Austin, S_ 

Barbee, A- 

Barbee, A. W- 

Barbee, Beecher- 

Barbee, C. R- 

Barbee, Harley- 

Barbee, J. C- 

Barbee, James F- 

Barbee, M. L- 

Barbee, L. S- 

Barbee, R. L- 

Barbee, R. W- 

Barbee, T. F- 

Barbee, W. A_ 

Barbee, W. Ben- 


- 1551,1565 

- 1390,1452,1485,1513 

- 1538 

- 1311,1319,1390,1452 

- 1538 

_ 1390,1538 

1311.1430.1452.1485.1513.1538 

_1319,1538 

_ 1430 

_ 1311,1390,1452,1485,1513 

_ 1390,1485,1513,1538 

1319.1390.1452.1485.1513.1538 
_ 1311,1452,1550,1583 

_ 1311,1319,1390,1430 

_ 1551 

_1452,1485,1513,1538 

_ 1557,1565 

_ 1582 

_ 1311-1583 


1516-1517 

-_ 1324 

_ 1433 

_ 1473 

1432 

__ 1326 

_ 1344 

_ 1432 

1519-1520 

_ 1344 

__ 1534 

1443 

__ 1326 

1317-1318 

1462-1463 

_ 1475 

__ 1466 

_ 1476 

1439-1440 
1517 
1313 
1469 
1440 
___ 1324 
13313-1334 


1585 























































1586 INDEX TO ADDENDA. 

Witnesses for contestant—Continued. Page. 

Barbee, Israel J_ 1446 

Barker, B. J_ 1447-1450 

Blackwelder, A. J_ 1466 

Black welder, L. C_ 1474 

Blevins, Dr. Manley_ 1554-1556 

Boone, E. A_ 1339 

Bowers, R. Z_;- 1340 

Brafford, John- 1314 

Bratton, Alvo C_ 1471 

Bratton, D. S_ 1464 

Bratton, O. J_ 1465 

Bratton, Sylvester- 1471 

Brooks, J. H_1_ 1343 

Brooks, Raymond W_ 1440-1442 

Brown, H. M_ 1553 

Brown, J. W_ 1497-1498,1550 

Brown, John F_ 1462 

Burleson, P. H__ 1495,1529 

Burris, Avis A_ 1344 

Burris, E. E_ 1340 

Burris, E. T_ 1440 

Burris, G. P_ 1345 

Burris, Green T_ 1464 

Burris, Homen L_ 1330 

Burris, J. F_ 1342 

Burris, J. T_ 1466 

Burris, .Tames C_ 1444 

Burris, John A_ 1330 

Burris, R. T_ 1348 

Burris, Shuford_ 1347 

Burris, W. M_ 1333 

Calloway, W. A_1354-1355 

Campbell, Walter Lee_ 1485-1488 

Carricker, E. F_ 1313 

Carricker, W. P_ 1464 

Carter, Jerome_ 1313 

Clark, W. C_ 1342 

Coble, Shuford_ 1333 

Coble, Titus_ 1346 

Coley, L. C_ 1470 

Coley, T. Luther_1462 

Comer, L. W___ 1433-1434 

Cooper, Isaac- 1544 

Cotton, W. L_ 1517 

Crayton, H. D_ 1473 

Crayton, James- 1476 

Crayton, Mac- 1541-1542 

Crowell, W. F_ 1528 

Crowell, Will Tom- 1506 

Deese, Adam- 1315 

Dennis, Mert_ 1494—1495 

Dillard, J. P_ 1553,1556-1557,1572-1573 

Drake, H. E- 1466 

Drake, J. E_1465 

Drake, J. S- 1.315 

Drake, T. L- 1473 

Drake, W. O- 1466 

Dry, Benton- 1446 

Drye, W. Hamp- 1434 

Dunlap, J. C- 1391-1401 

Dunn, J. A- 1343 

Dunn, J. Frank- 1347 

Edwards, J. H- 1323-1324 

Edwards, W. A-:- 1.340 

Efird, G. C_ 1464 

Etird, H. P- 1367-1373 

Ftinl .L E- 1463 






































































INDEX TO ADDENDA. 


1587 


Witnesses for contestant—Continued. 

Eiidy, Artie_ 

Eudy, Eli_' 

Eudy, H. W__^_ 

Eudy, Lawson_ 

Eudy, S. P_“ 

Eudy, W. S_ 

Eury, Arch_ 

Eury, A. L_ 

Eury, Burch_ 

Foreman. R. G_ 

Fuller, B. R_ 

Furr, Clarence_ 

Furr, Cleve_ 

Furr, C. H_ 

Furr, John L_ 

Furr, Lonnie_ 

Furr, R. N_ 

Furr, T. R_ 

Gentry, J. H_ 

Gilbert, S. V_ 

Graybeal, B. W_ 

Green, A. J_ 

Green, B. M_ 

Green, H. L_ 

Green, J. P_ 

Green, Jonah S_ 

Griffin, Alex_ 

Griffith. Alec_ 

Hahn, B. Rans_ 

Hahn. V. Panzo_ 

Hall, Dr. J. C_ 

Hardin, R. H- 

Harless, Grant- 

Harris, Martin- 

Hartsell, Fred F- 

Hartsell, Jacob_ 

Hartsell, John- 

Hartsell, John A- 

Hartsell, J. E- 

Hartsell, J. H_ 

Hartsell, Milton F- 

Hartsell, Philas- 

Hartsell, Ralph- 

Hartsell, Sebastian- 

Hartsell, S. M_ 

Hartsell, William_ 

Hartsell, Will S_ 

Harwell, John C- 

Harwood, Alvin-- 

Hathcock, Adam- 

Hathcock, C. D- 

Hathcock, Dan- 

Hathcock, D. M- 

Hathcock, J. W- 

Hathcock, John W- 

Hathcock, Webster- 

Hatley, Abner- 

Hatley, Arthur- 

Hatley, ,T. E- 

Hatley, J. F- 

Hatley, Reuben- 

Hatley, Silas- 

Hatley, Thomas M- 

Hatley, W. T- 

Heath, .T. D_ 

Heath, .Tohn D_ 

Helms, C. J- 


Page. 

_ 1313 

_ 1482 

__ 1478-1479 

_ 1518 

-- 1467 

_ 1469 

_._ 1384-1386 

_-_ 1475 

_ 1475 

_ 1410 

_ 1513-1515 

_ 1471 

- 1473 

_ 1464 

-I_ 1459-1460 

- 1482 

_ 1365-1367 

_ 1321 

_ 1563-1565 

_ 1332 

_ 1562-1563 

_ 1542-1543 

_ 1432-1433 

_ 1543 

_ 1515-1516 

_ 1347 

- 1442 

_ 1433 

_ 1446-1447 

_ 1.542 

_ 1522 

_1551-15.52 

_ 1562 

_ 1.548 

_ 1334 

_ 1438-14.39 

_ 1442 

_ 14.31 

_ 1522-1.528 

_ 1326-1327 

_ 1327 

_ 1477 

_ 1480 

_ 1344-1345 

_ 1444-1445 

_ 1460 

_ 1442-1443 

_ 1467 

_ 1.3.34 

_ 1480 

_ 1440 

_ 1386-1.388,1483 

_ 1453-1456 

_ 1341 

_ 1464 

__131.5-1316 

_ 1433 

_ 1345 

_ 1472 

_ 1.328 

_ 1314 

_ 1312 

_ 1341 

_ 1326 

_ 1522 

_1.3.50-13.54 

1417-1419,1488-1489 





































































1588 


INDEX TO ADDENDA, 


Witnesses for contestant—Continued. 

Helms, F, L_ 

Helms, Joe- 

Hill, P. B___ 

Hill, Richard_ 

Flill, K. J___ 

. Hill, W. F_ 

H nson, A. F_ 

Hinson, A. Finley_ 

Hinson, Miss Bertie_ 

Hinson, B. H_ 

Hinson, Calvin_ 

Flinson, Dolph_ 

Hinson, I). Bost_ 

Hinson, D. P_ 

Hinson, J. Philas_ 

Hinson, Mrs. Mary E- 

' Hinson, P. L_ 

’ Hinson, Rufus_ 

^ ^ Hinson, Will_ 

' ^ Holbrook, B. E--- 

Honeycutt, F. M- 

Honeycutt, Lee R- 

Honeycutt, P. H- 

Hopkins, J. A- 

Howell, J. A_ 

Hudson, Joshia- 

Hudson, li. M_ 

Huneycutt, Amos_ 

Huneycutt, A. C_ 

Huneycutt, Adam S_ 

Huneycutt, D_ 

Huneycutt, J. D- 

■ Hune.vcutt, John A-- 

Huneycutt, J. Tyler_ 

Fluneycutt, M. L_ _____ 

Huneycutt, P. A- 

Huneycutt, T. A- 

Huneycutt, W. A_ 

Huneycutt, W. W_ 

James, M. L_ 

Jolly, A. J_ 

Kennedy, J. T_ 

• Lambert, A. E_ 

Lambert, Irenus_ 

Lambert, M. R_ 

Lambert, Pink_ 

Laton, P. J_.•_ 

Ledbetter, G, C_ 

Ledbetter, J. B_ 

Ledbetter, W. S_ 

Lee, Aaron_ 

Lee, D. B_ 

Lee, Mrs. Fannie_ 

Lee, J. A- 

Lee, J. D_ ,-^-1 _ 

Lee, Will___ 

Lilly, Will__ ___ 

Little, Jim_ 

Little, J. A_ 

Little, J. E--- 

Little, L. A-- 

Little, Michael_ 

Love, J. H- 

Love, Mack H_ 

Love, T. C_ 

McClure, L. R__- 

Meecham, Mrs. Eugene B- 


PacTP. 

_ 1432 

_ 1520 

_ 1433 

_ 1493-1494 

_ 1434-1435 

_ 1327 

_ 1339 

_ 1338-1839 

_ 1443 

_ 1311-1312 

_ 1540-1541 

_ 1528-1529 

_ 1431-1432 

_ 1341 

_ 1340 

_ 1443-1444 

_ 1431 

_ 1539-1540 

_ 1430-1431, 1518-1519, 1538 

_ 1462 

_ 1481-1482 

_ 1328 

_ 1459 

_ 1343 

_ 1538 

_150(1-1501 

_ 1470 

_ 1435 

_ 1355-1361,1379-1381 

_ 1347-1348 

_ 1332 

_ 1463 

_ 1349 

_ 1341 

_ 1459 

_ 1349 

_ 1471 

_ 1471 

_ 1468 

_ 1346-1347 

_ 1533-1534 

_: 1478 

_ 1469 

_ 1472 

_ 1463 

_ ,1474 

_ 1494 

_ 1346 

___; 1344 

_1343 

_ ,1314 

_ 1540-1547 

_ 1546 

_1518,1539 

_ 1401-1408 

_ 1472 

_ 1501-1506 

_1478 

1361-1363, 1493, 1534-1538, 1549 

___:_ 1461 

_ 1331-1332 

____: 1312 

_ 1473 

_ 1470 

_ 1465 

_ 1461 

_ 1545-1546 











































































INDEX TO ADDENDA, 


Witnesses for contestant—Continued. 

Miller, Je'^se_ 

Miller, John V_ 

Morjjan, C. C_ 

Morgan, C. M_~ 

• Morgan, D. J___ 

Morgan, George_ 

Morgan, John F_ 

Morgan, J. F_ 

Morgan, J. H_ 

Morgan, M. L_ 

Morgan, Rufus_ 

Morgan, R. T_ 

Morgan, Thomas_ 

Morgan, W. Jodie_ 

Morrow, Dave_ 

Morton, A. G_ 

Moss, J. A_ 

Moose, W. B_ 

Mull is, R. F_ 

. Miillis, W. M_ 

Nichols, W. B_ 

Osborne, J. Frank_ 

Page, Adam___ 

Palmer, George_ 

Palmer, George P_1 

Phillips, Lovel_ 

Phillips, R. J_ 

Phipps, Charlie_ 

Poplin, Crowell_ 

Poplin, I. J_ 

Presson, Ben_ 

Rampey, W. F- 

Reid, Clarence- 

Roark, M. C_ 

Ross, R. J_ 

Ross, Watt- 

Rowland, W, J- 

Rummage, H. A- 

Rummage, W. R- 

Russell, W. D- 

Sasser, A. H- 

Sasser, W. D- 

Sasser, W. H- 

Sheets, Claud- 

Simpson, Puett- 

Simpson, Mrs. Puett- 

Smith, Alma A- 

Sipith, B. R- 

Smith, C. G_ 

Smith, D. G_ 

Smith, D. R- 

Smith, D. S- 

Smith, E. R- 

Smith, Eli J- 

Smith, G. C- 

Smith, Homer- 

Smith, J. Lee- 

Smith, L. J- 

Smith, Millard- 

Smith, O. M- 

Smith. P. J-—-- 

Smith, P. L- 

Smith, S. M- 

Smith, S. S- 

Smith, Silas A- 

Smith, T. G- 

Smith, W. H_ 


1589 

Page. 

- 1553 

_ 1553 

_ 1339 

_ 1345 

_ 1329 

_ 1460 

_ 1442 

_ 1472 

_ 1341-1342 

_ 1329 

_ 1328 

_ 1467 

_ 1323 

_ 1465 

_1427-1430 

_ 1324-1325 

_ 1480 

_ 1495-1496 

_ 1473 

_ 1479-1480 

_ 1408-1409 

_ 1444 

_._ 1460 

_ 1531-1532 

_ 1363-1365 

_ 1552-1553 

_ 1552 

_ 1532-1533 

_ 1498-1500 

_ 1338 

_ 1456-1457 

_ 1427 

_ 1461 

1565-1569, 1572, 1581-1582 

_1507-1508 

_ 1506-1507 

_ 1521-1522 

_ 1469 

_ 1518 

_ 1342-1343 

_ 1328-1329 

_1463 

_ 1323 

_ 1571 

_ 1544-1545 

_1545 

_ 1345 

_ 1348 

_ 1348 

_ 1465 

_. 1348 

_ 1461-1462 

_ 1329-1330 

_ 1322 

_ 1349 

_ 1530-1531,1547-1548 

__ 1327 

___ 1322-1323 

_ 14S7 

_ 1467 

_ 1332 

_ 1348 

_ 1322 

_ 1431 

_ 1349-1350 

_ 1460 

_ 1547 






































































1590 


INDEX TO ADDENDA. 


Witnesses for contestant—Continued. 

Smith, Will C_ 

Sossamon, Cannon_ 

Sossamon, Ray_ 

Spicer, C. B_ 

Springer, A. N_ 

Springer, Will_ 

Stirewalt, A. J_ 

Stoker, W. P_ 

Stokes, W. S_ 

Stiirkey, C. M_ 

Swaringen, W. F_ 

Talbert, W. W_ 

Talbot, C. P_ 

Taylor, John H_ 

Teeter, C. A- 

Teeter, J. D_ 

Teeter, John F_ 

Thomas, A. V_ 

Thomas, J. E- 

Treece, James_ 

Treece, Joshua- 

Trivett, E. E- 

Troutman, H. C_ 

Tucker, A. B- 

Tucker, O. J_ 

Tucker, D. B_ 

Tucker, James_ 

Tucker, J. A__ 

Tucker, J. L_ 

Tucker, J. M_ 

Tucker, Jacob G- 

Tucker, M. E_ 

Tucker, M. M_ 

Tucker, M. Math-:- 

Tucker, Shuford —- 

Tucker, Travis_ 

Tucker, T. J_ 

Tucker, Webb_ 

Turner, John_ 

Wallace, B. H_ 

Walters, J. G_ 

Walters, John- 

Walters, .John Z_ 

Walters, Ira-^_ 

Whitley, B. Lindsey_ 

Whitley, D_ 

Whitley, F. F_ 

Whitley, J. F- 

Whitley, John F_ 

Whitley, L. Manasses_ 

Whitley, M. A_ 

Whitley, N. J_ 

Whitley, Obadiah_ 

Whitley, Silas_ 

Williams, John_ 

Wjnebarger, Lark- 


Page. 


_ 1340 

_ 1314-1315 

1373-1379,1410-1412 

_ 1574-1581 

_ 1322 

_ 1434 

_ 1465 

_ 1339 

_ 1412-1417 

_ 1388-1390 

1496-1497,1529-1530 

_ 1490-1493 

_ 1461 

_1470 

_ 1334 

_ 1483-1484 

_ 1475-1476 

_ 1325 

_ 1477 

_ 1468 

_ 1383-1384, 1542 

1558-1562,1569-1570 
1420-1427,1489-1490 

_ 1470-1471 

_ 1338 

_ 1473 

_ 1474 

_ 1520-1521 

_ 1318,1450-1452 

_ 1557-1558 


_ 1467 

_ 1479 

_ 1381-1383 

_ 1439,1480-1481 

_ 1477 

_ 1346 

_ 1323 

_ 1323 

_ 1500 

_ 1508-1513,1538 

_ 1482-1483 

_ 1457-1459,1540 

_ 1316-1317 

_ 1553 

_ 1342 

_ 1419-1420 

_ 1440 

_ 1460 

_ 1345-1346 

1319-lSl, T4~35^1438, 1549 

_ 1330 

_ 1334-1337 

_ 1445-1446 

_ 1479 

_ 1554 


EXHIBITS. 


Contestant’s Exhibits Nos. 1 and 2, Stanly County—Stanly News-Herald 

and Badin Tribune (omitted in printing)_ 1537 

Exhibit A—Affidavit of Mollie Houck_ 1569 

Exhibit B—Affidavit signed by Mrs. Lessie Walton and Mrs. Elizabeth 

Walton_ 1570 

Exhibit C—Affidavit of W. R. Bauguess_ 1573 


o 



































































United States of America 

Sixty-Seventh Congress 

Contested Election Case 
of 

JAMES I. CAMPBELL 

V. 

ROBERT L. DOUGHTON 

from the 

EIGHTH CONGRESSIONAL DISTRICT 
- OF NORTH CAROLINA 


CONTESTANrS BRIEF 

JAMES J/BRITT, 

WALTER L. CAMPBELL, 
Attorneys for Contestant. 









► 1 ' 


I 

h 


A 

• I. • 





CONTESTED ELECTION CASE 


A 


of 

JAMES I. CAMPBELL 


V. 


ROBERT L. DOUGHTON 


Statement of Facts 

The Eighth Congressional District of North Carolina is 
composed of the counties of Alexander, Alleghany, Ashe, Ca¬ 
barrus, Caldwell, Iredell, Rowan, Stanly, and Watauga. At 
the electon of November 2, 1920, for Representatives in Con¬ 
gress from said District, James I. Campbell, of Stanly, was 
the Republican candidate, and Robert L. Doughton, of Alle¬ 
ghany, the Democratic candidate. The returns, as reported 
by the precinct poll-holders to the county boards of election, 
and by these to the State Board of Elections, and canvassed 
by the latter, were as follows: 

Alexander, Campbell, 2,613; Doughton, 2,052; Alleghany, 
Campbell, 1,115; Doughton, 1,455; Ashe, Campbell, 3,686; 
Doughton, 3,642; Cabarrus, Campbell, 5,178; Doughton, 4,380; 
Caldwell, Campbell, 3,135; Doughton, 3,015; Iredell, Campbell, 
4,378; Doughton, 6,483; Rowan, Campbell, 4,515; Doughton, 
6.283; Stanley, Campbell, 4,279; Doughton, 3,836; Watauga, 
Campbell, 2,557; Doughton, 1,788; giving an apparent ma¬ 
jority of 1,478 for Doughton. The vote for Campbell in Ro¬ 
wan was afterwaras admitted to ne 4^915. Bins reducing 
Doughton’s pretended majority to 1,078. 

Following the election, numerous reports of fraud and ir¬ 
regularity were made to Campbell, and on December 25, 1920, 



notice of contest was served upon Doughton. On January 22, 
1921, answer to notice was made by Doughton, and hearings 
were held in the way and manner provided by law. 

Election Laws of North Carolina 

For the information of the Committee, the following sum¬ 
mary of the election laws of North Carolina in force on No¬ 
vember 2, 1920, touching qualifications for voting, is given: 

Sex and Nationality. —All males and females, who are citi¬ 
zens of the United States, and twenty-one years of age. Con¬ 
solidated Statutes, Section 5937. 

Residence, —In State two years; county, six months; elec¬ 
tion precinct, four months, but when moving from one pre¬ 
cinct to another, in the same county, may return to the pre¬ 
cinct from which voter moved and vote within four months 
from date of removal. Consolidated Statutes, Section 5937- 
Residence Defined. —The residence of a married man (and 
now of a married woman) shall be where his family resides, 
and that of a single man (and now of a.single woman) where 
he sleeps. Consolidated Statutes, Section 5937 - 

Educational Qualifications, —'‘Every person presenting him¬ 
self for registration shall be able to read and write any section 
of the Constitution in the English language, and shall show 
to the satisfaction of the registrar his ability to read and write 
any section when he applies for registration, and before he is 
registered: Provided, however, that no male person who was, 
on January i, 1867, or at any time prior thereto, entitled to 
vote under the laws of any State in the United States where 
he then resided, and no lineal descendant of such person, shall 
be denied the right to register and vote at any election in this 
State by reason of his failure to possess the educational quali¬ 
fications aforesaid: Provided, that it shall be made to appear 
to the registrar that he or his ancestor was entitled to vote 
prior to January i, 1867, in any State of the United States, 
as prescribed by Article VI, Section 4, of the Constitution, and 
such person, if otherwise qualified, shall be registered, and no 



3 


registrar shall have the right to inquire whether such person 
can read or write.” Consolidated Statutes, Section 5939. 

Limitation as to Registration Under Proviso. —To entitle 
the voter to the benefit of the proviso contained in Section 
5939 » he must have been duly registered prior to December 
1, 1908. Consolidated Statutes, Section 5949. 

Payment of Poll-Tax Required. —No (male) person be¬ 
tween the ages of twenty-one and fifty shall be allowed to 
vote unless he has paid his poll-tax for the previous tax year 
on or before the first day of May of the year in which he 
ofifers to vote, and he must produce a receipt evidencing that 
fact, dated on or before the first day of May, or make oath 
to such payment. Consolidated Statutes, Section 5941. 

Who May Vote Without Payment of Poll-Tax. —Persons 
over fifty years of age; and such as have been released from 
payment by the County Commissioners on account of poverty 
or infirmity y and such release shall be dated on or before the 
first day of May of the year in which the voter ofifers to vote. 
Consolidated Statute^, Section 5942. 

Annual List of Persons Paying Poll-Tax Prepared and 
Certified. —The sherifif, or tax collector, of each county shall, 
between the first and tenth days of May, make to the Clerk of 
the Superior Court, under oath, a certified list of all persons 
who have paid their poll-tax on or before the first day of 
May, and the Clerk shall, within ten days, record the same, by 
townships, in books kept for that purpose. Consolidated 
Statutes, Section 5945. 

Penalty for Failure to Make.- —If the sherifif, or tax col¬ 
lector, shall fail to make such certified list, he shall be guilty 
of a misdemeanor. Consolidated Statutes, Section 4197. 

Registration of Voters. —The registrar of elections, ap¬ 
pointed by the county board of elections, shall open his books 
in each precinct twenty days before the election, and he shall 
keep his books open for the registration of voters; on each 
Saturday during this period he shall be at the polling place 
from 9 A.M. to sunset, but may register voters elsewhere at 
other times. Consolidated Statutes. Section 5947. 


i 

I 


4 


Challenges .—The registrar shall be at the polling place from 
9 A.M. to 3 P.M. on the Saturday before the election to opeji 
his books for inspection, when challenges may be made, the 
‘challenges to be heard by the registrar and judges at a time 
hxed by the registrar. Consolidated Statutes, Section 597 ^- 
absentee Voting .—Absent electors, possessing all the quali¬ 
fications for voting, may, if away from home on election day, 
or, being at home, are sick or not physically able to attend the 
polls, which fact must be made to appear by affidavit or doc¬ 
tor's certificate, vote as present' electors, provided they are 
duly registered, and if they desire to register before the regular 
registration period in their precinct begins, they may register 
before the chairman of the board of elections, who will certify 
such registration to the precinct registrar; the chairman of the 
county board of elections will, upon request, furnish such 
electors with ballots, certificates, and return envelopes, and 
such absent voters may vote a regular ballot, as present voters, 
or may return an attested certificate that they vote a solid 
party ticket, which ballots or certificates must reach the pre¬ 
cinct registrar by three o’clock P.M. of election day. The poll- 
holders must keep such ballots and certificaes separate from 
the regular ballots and return them with the election returns, 
and they must be kept for a period of six months, or, in case 
of a contest, until the matter is decided. Consolidated Sta¬ 
tutes, Sections 5960, 5961, 5966. 

Intimidation 

The contestee’s party in North Carolina brings the race 
issue to the fore in every political campaign, although there is 
not, and has not been for years, any race question involved in 
the politics of the State. Since the amendment to the State 
Constitution of 1900, neither the Republicans in the Eightn 
Congressional District, nor anywhere else in North Carolina, 
have made any bid whatever for the colored vote, or had any 
political affiliation with the colored voters, the latter never 
])articipating in the councils of the party, and in no instance 



5 


standing as candidates for office. In the election of; 1920, 
neither the contestant nor anyone in his behalf made any 
effort to organize the colored voters in his support, his posi¬ 
tion and that of his management being that they should be 
left entirely to their own option as to their choice for Congress 
and other officials, this being believed to be for the best in¬ 
terest of both races. Notwithstanding this fact, the Demo¬ 
cratic State and local management brought this pretended race 
issue to the front in its most aggravated and disagreeable 
form, the appearance of women as voters offering a new op¬ 
portunity for alarm and intimidation. A few weeks before 
the election, an alleged address to the colored women of the 
State, calling upon them to organize for the purpose of voting 
the Republican tickef, was circulated throughout the State, 
and particularly broadcasted in the Eighth Congressional Dis¬ 
trict. The State and local Republican managements dis¬ 
claimed any responsibility whatever for its authorship, or its 
circulation, and there was never the least proof that anybody 
connected with the Republican Party had any responsibility 
whatever for it. Despite this denial, it was charged to the 
Republicans and circulated throughout the district, particu¬ 
larly among the women, who are peculiarly sensitive to the 
race question, and naturally resent any suggestion of negro 
domination or participation in elections. 

In addition to this, a large picture of the Republican Presi¬ 
dential candidate, Hon. Warren G. Harding, with a group of 
alleged negro candidates for State office in Ohio surrounding 
him, was circulated throughout the district and avouched for 
by Democrats as being genuine. But this intimidation was 
not permitted to stop with these false, malicious, and dam- 
aging pamphlets, resort being had to an alleged family tree 
of the Presidential candidate, endeavoring to show a tincture 
of negro blood in his veins. At two or more places the exhi¬ 
bition of these pictures and alleged family tree caused fights 
and came near causing a riot. They were shown to men and 
women who were asked to state whether they would vote for 
the candidates of a party thus related to the negro question, 


6 


and in many instances such persons testified that they did nor 
vote the Republican ticket, as they had intended to do, or 
voted the Democratic ticket. 

“The Raleigh News and Observer,” “The Charlotte Ob¬ 
server,” and other Democratic papers, all of which have a 
large circulation in the Eighth Congressional district, carried 
these malicious stories, greatly to the consternation of the 
voters of the .district. 

While it is impossible to determine with anything like ac¬ 
curacy the number of votes which the contestant lost, not to 
speak of those which the contestee gained, as a result of the 
terror caused by this malicious propaganda, it is a reasonable 
inference that from 700 to 1,000 men and women in the dis¬ 
trict, who would have supported the contestant, were either 
deterred from voting for him or frightened into casting their 
votes for the contestee. 

The following instances from the record give some idea of 
the methods, nature and scope of this insidious propaganda 
of terror and of its actual and probable effects upon the vote 
of the contestant at the Congressional Election of 1920: 

Stanly County 

A. C. Hunnycutt, lawyer, editor, and Presidential elector 
on Democratic ticket: Was owner and editor of Badin Tri¬ 
bune at time of electioii; caused a one-half page cut of Hon. 
Warren G. Harding, surrounded by a purported group of 
Republican negro candidates, with descriptive matter and date 
printed below, to be printed in his paper, which at that time 
had a circulation of 550. On this special edition, there was a 
seven-fold number printed, all of which were mailed to points 
in the Eighth Congressional District, with a few exceptions, 
which were sent out of the State. Had obtained data from 
an editorial in “The Charlotte Observer.” These extra copies 
were paid for by a member of the Democratic Executive Com¬ 
mittee. Printed the “negro woman” circular in The News- 
Herald, owned and edited by himself, and having a circulation 


7 


of 3,000. The Charlotte Observer and other papers took it 
from his paper and broadcasted it. This was printed on Sat¬ 
urday before election, leaving no chance of rejoinder or de¬ 
nial by a Republican paper. (1355-61.) 

R. N. Furr, Democratic County Chairman: Corroborates 
testimony of Hunnycutt in part. (1365-66.) 

J. D. Lee: Saw caricature of Hon. Warren G. Harding in 
Badin Tribune; it stirred deep feeling, etc.; saw it throughout 
the State; also saw “negro woman” letter, which emanated 
from Stanly County, through the Stanly News-Herald;' it 
caused all Democratic women to register. (1404.) 

W. B. Nichols: Was influenced by pictures, negro litera¬ 
ture, and negro talk; consequence, did not vote. (1409.) 

Will Lilly: Saw a great many copies of The Badin Tri¬ 
bune, which carried a caricature of Hon. Warren G. Harding, 
surrounded by a group of negroes; it was freely distributed 
throughout the community and stirred deep feeling. (1503- 
4 - 5 -) 

B. H. Wallace, Republican Judge, Badin: Saw picture 
posted in drug store, placed in a most conspicuous manner; 
also saw “negro woman” letter; both the picture and letter 
were circulated freely; it tended to decrease Campbell’s vote. 
(1508-10.) 

J. P. Green, Badin; Corroborates above testimony. (1516.) 

Puett Simpson: Day before election, his brother received 
Badin Tribune bearing picture of Warren G. Harding, sur¬ 
rounded by negroes; he intended voting for Campbell, but 
did not do so on account of its influence upon him. (1544-45.) 

Mrs. Puett Simpson: Did not vote for like reason. (1545.) 

Mrs. Eugene B. Meecham: Was sent a copy of paper con¬ 
taining picture; it was called to her attention by Mrs. J. C. 
Dunlap, wife of Democratic Registrar. (1545-46.) 

W. J. Rowland, Republican Judge: Was refused clerk on 
day of election. (1521.) 

J. W. Brown: Corroborates above. (1497.) 

Mrs. Fanny Lee: Had conversation with Mrs. James Lake 
and Adelaide Thompson; they told her they had received 


8 


$15-00 or $20.00 to vote the Democratic ticket; that they ha«l 
been Republicans up to the election; corroborated by D. B. 
Lee. (1546-47.) 


Iredell County 

John G. Lewis, County Chairman, Board of Elections: Re¬ 
ceived picture one afternoon and showed it to several people; 
saw it posted in the courthouse; was posted in voting place iti 
third ward; saw circular of negro women in “The Charlotte 
Observer.” (40-41.) 

A. L. Lowrance, registrar, Statesville No. 4: Saw Harding 
picture posted in courthouse; heard negro woman circular dis¬ 
cussed. (45.) 

T. S. Coffee, registrar, Statesville No. 2: Saw picture in 
courthouse; saw “negro woman” letter in Greensboro News. 

(73-74.) 

L. L. White, registrar, Chambersburg; Saw Harding pic¬ 
ture; also saw something regarding it in paper. (76.) 

A. C. Plyler: Saw two Democrats place Harding picture 
on door of voting place; it created a good deal of attention 
and talk. (94.) 

C. W. Craven, Mooresville: Identifies circular headed: 
“The Right of the American People to Know Harding’s Family 
Tree,” printed in record, page 97; was down town on evening 
before the election; a large crowd gathered in front of a drug 
store; they were looking at the circular, which was posted in 
the window; there was a great commotion, which seemed to 
be nearing a fight or row; police was called; the circular was 
taken down in consequence of the crowd; he bought it for 
$5.00; took it home and kept it; circular was brought to 
Mooresville by Democrats, and placed in a drug store owned 
by a Democrat; it was circulated to prejudice voters, and 
thereby decrease vote of Campbell. (95-101.) 

R. M. Brawley, Mooresville: Corroborates Craven’s testi¬ 
mony; saw a great number of negro circulars on election day 
at and around polls; they were quietly passed from hand to 



9 


hand, their purpose being to prejudice the people against the 
Republican Party. (101-05.) 

J. B. Roberts, Mooresville: Corroborates testimony of 
Brawley and Craven. (105.) 

D. L. Williams, New Hope: Says Harding picture was 
placed on top of ballots; that it was exposed to view and 
caused a great deal of discussion. (181-82.) 

B. E. Wiseman, New Hope: Saw picture on ballots and 
tore it up; his impression that it w’as brought there by Demo¬ 
crats, and had a tendency to lessen the Republican votes. 
(191-92.) 

A. W. Thorpe, Eagle Mills: Saw picture where voting was 
taking place. (202.) 

D. W. Hannon, Sharpsburg: Saw Harding picture on elec¬ 
tion day; it caused commotion. (218.) 

J. W. Jordan, Sharpsburg: Saw Harding picture on elec¬ 
tion day given to a Democratic lady, who showed it to a crowd 
of Republican women who had not yet voted. (221-22.) 

P. D. Atwell, Davidson: Was told by Denant Hager that 
neither he nor his wife voted on account of the negro woman 
circular. (229.) 

Harold Woods, Statesville No. 3: J. M. Deaton came to 
the voting place from Democratic Clerk’s Office carrying a 
framed picture of Hon. Warren G. Harding, surrounded by 
a group of negroes; he placed it over Republican ballots; he. 
Atwell, took it down; thereupon Deaton put it up again, caus¬ 
ing heated argument; Mr. Yount, a Democrat, then took it 
down, whereupon Deaton took it back to the clerk’s office; 
then Mr. Munday, a Democrat, who was intoxicated, began 
a quarrel about the removal of the picture, and he tried to 
evade him, but with no avail; a few licks were passed, and 
other Democrats took it up; among them Buck Connor, one 
time chief of police; the fight began within seven or eight feet 
of the polls; he was chased a considerable distance by his ad¬ 
versaries; during the fight, the Democratic Sheriff, M. P. 
Alexander, and other Democrats, were nearby and saw what 
was taking place, without making any effort to stop it; that 


10 


the whole crowd was rough, intoxicated, and disorderly; all 
engaging in the fight were Democrats, except himself. (231- 
34 -) 

C. H. Gantt: Saw John Lewis, chairman county board of 
elections, have pictures of Harding, surrounded by negroes; 
saw him give one of them away and post the others conspicu¬ 
ously; he showed them to crowd. (239.) 

P. D. Cline: Corroborates Gantt. (239.) 

W. L. Mitchell, Union Grove: Says R. F. Rash showed him 
the Harding picture; Rash is Democratic mail-carrier; Rash 
stated that, “Any man who will print such matter should pay 
for it”; that he repudiated the paper. (240.) 

D. A. Mullis, Republican, Union Grove: Received Harding 
picture through mail. (240.) 

R. W. Mills, Statesville No. 3: Saw D. A. Kimmons, a 
Democrat, have picture; saw him exhibiting it. (246.) 

W. L. Gamble: Was in town prior to election, with Mr. 
Wally; John G. Lewis, chairman county board of elections, 
told them they were having some circulars printed concerning 
lineage of Mr. Harding; that Wally left him and returned 
with one of the circulars, which he identified, as Exhibit on 
page 250; Wally showed him picture of alleged negro candi¬ 
dates. (249-50.) 

J. R. Bost, Statesville: Was in crowd of ten or twelve 
on Sunday prior to election, to whom John G. Lewis read pam¬ 
phlet concerning lineage of Harding. (257-58.) 

Dr. W. M. Nicholson, Statesville No. 3: Saw Harding pic¬ 
tures as grouped with negroes over Republican ballots, at 
voting place; took it down, and when one Munday stated that 
he would put it back, it caused a near fight. (234.) 

Vernon Lackey, Statesville No. i : Wife received picture 
through the mails; she did not vote Republican ticket on ac¬ 
count of it. (235.) 

J. M. Clark, Statesville: Saw Democrat get Harding pic¬ 
ture out of clerk’s office on election day; saw pictures in 
hands of Democrats throughout the day. (226.) 


II 


Rowan County 

J. D. Dorsett, Republican Judge, Spencer: Saw picture 
posted in Mayor’s Office where voters were being registered; 
was placed in window open to public gaze. (407.) Saw pic¬ 
ture, and “negro woman” circular posted in Women’s Demo¬ 
cratic Club Room; saw picture on Badin Tribune and Raleigh 
News and Observer. (408.) Caused much feeling, as well 
as a good many Republican women not to vote; most harm 
was done by these to young voters and women; thinks fifty 
Republican votes were lost on account of this. (416-18.) 
That a fee of fifty or sixty cents was charged for Republican 
challenges. (418.) 

J. Lee Armstrong, Republican Relief Judge, Spencer: Cor¬ 
roborates Dorsett’s testimony. (419-20.) 

Walter Deal, Republican Judge, Atwell: Saw picture ex¬ 
hibited by Democrat at Bradshaw precinct, provoking a good 
deal of talk, and at one time causing the election to stop for 
a while. (428-29.) 

L. A. Karriker, flradshaw: Corroborates Walter Deal as to 
seeing Patterson display picture. (429.) 

Charles Harris, Fleming: A Democratic postmaster told 
him that Mr. Harding was 16% negro and he should not vote 
the Republican ticket. (435.) 

J. T. Cartner: As to more negro talk. (436.) 

R. L. Moore, Mt. Ulla: Saw picture before election in 
Sherrill's Store; saw it election day, tacked up at polling place. 
( 445 -) 

H. S. Boston, Republican Judge, China Grove No. i : Was 
told by Harris, the Democratic Registrar, that challenges by 
Republicans would have to be accompanied by one dollar. 
This conversation was heard by Cornell and Setzer. (466.) 

T. M. Winecofif, Republican Judge: Didn’t challenge any 
voters because of action taken at election in 1918, as at that 
time he challenged over three hundred and was told that he 
would have to put up a fee of sixty cents each for all dial- 
lenges; was charged, or supposed to have been charged, to 


12 


pay for notification of parties; he would not comply with this, 
and the matter was dropped ; supposing the same procedure 
this time, he made no effort to challenge. ( 47 ^-) 

R. \V. Lentz, Rockwell: Saw picture in precinct, post¬ 
marked Raleigh, N. C., Democratic State Headquarters; it 
was mailed to Democratic Registrar in his precinct. (505-06.) 

Ashe County 

Ed. O. Miller: Wiley Burgess, a reputed Democrat, showed 
him Harding picture at voting place. (641.) 

A. M. Powers, Pine Creek: George Doggett, a reputed 
Democrat, presented him with a Harding picture a few days 
before election. (651.) 

W. F. Phipps, Grassy Creek« Saw Harding picture at 

polls. (652-3.) 

M. W. Phipps, Chestnut Hill: Saw Harding picture at 
polls on election day in hands of Democrats. (657.) 

Frank Woods, Clifton: Says Kelly Woods, his brother, 
who was away in Government Service at time of hearing, told 
him that the Democrats. had shown him a picture of Hon. 
Warren G. Harding surrounded by a group of purported negro 
candidates, and that on the strength of same, he voted the 
Democratic ticket; that previous to this he had always been a 
Republican. (670.) 

W. M. Wilcox: Mrs. Carolina Fox, who had always been 
a Republican, stated to him that she was afraid to go to the 
polls and vote a Republican ticket for fear her pension would 
be stopped; that she was drawing a State Pension, and pension 
board of State is governed by Democratic officials. (715.) 

Caldwell County 

Rome Kaylor, Registrar, North Catawba: Received Hard¬ 
ing picture through mail; saw one in hands of another party. 
^ 533 -) 

F. F. Seahorn, Lower Creek: Saw Harding picture posted 


13 


in store owned by a Democrat. (551.) 

Austin Russell, North Lenoir: Charley Pearson intendevl 
voting Republican ticket, but voted Democratic on account of 
Harding picture. (556.) 

O. J. Corpening, Lovelady: Received Harding picture. 

(565.) 

W. T. Sherrill, Lovelady: Was given Harding picture by 
Democrat. (565.) 

D. M. Cline, Lovelady: Saw Harding picture; it caused 
considerable comment. (577-78.) 

G. Z. Bush, Hudson: Received Harding picture; also saw 
it posted in store owned by Democrats. (582.) 

Lawrence Thornburg, Hudson: Received Harding picture; 
put it in his store window; saw other pictures, literature and 
circulars in Raleigh News and Observer, in a Sunday edition; 
paper is owned and edited by Josephus Daniels, ex-Secretary 
of the Navy. (583-84.) 

Thomas Whisnant: Voted Democratic ticket because he 
was given two drinks of liquor and two dollars; was registered 
nowhere in the county; doesn’t know the names of the parties 
who gave him the liquor and the money, but pointed them out 
on the day of election to Wade Correll. (586-87.) 

Wade Correll: Thomas Whisnant voted; he challenged his 
vote; Whisnant came to the polls with a Democrat by the name 
of Triplett ; he pointed out W. C. Moore, Democratic Clerk 
of the Court, as the man who had got him to vote. (587.) 

Conspiracy To Defraud 

It was made sufficiently clear before the election, by men 
opposed to the election of the contestant, that there was a pre¬ 
determined purpose to deprive him of several hundred votes 
by denying his supporters the privilege of voting, by dilatory 
tactics on the part of Democratic poll-holders, in the big Re¬ 
publican precincts of Furr and Big Lick, in Stanly County. 
How well the plan was carried out, references to the record 
will show. 


14 


Stanly County—Furr Precinct 

D. M. Hathcock, Republican Judge: Polls opened one and 
one-half hours late; they voted 700 in 1918; about 600 in 1920; 
900 were voted at other precincts; the same could have been 
voted here had the officials done their duty; clerk left his sta¬ 
tion ; registrar left polling place, taking book with him; by 
such methods caused a loss of two or three hours in the vot¬ 
ing. (1454-55-56.) Bailiffs were Democrats; polls opened at 
8 o’clock; voting was done in the rear of a storeroom; boxes 
placed in darkest part of building. (1386.) Voting was held 
up and discontinued when clerk left the building; this he did 
on several occasions. (1454.) 

B. Rails Hahn: A lady had a paper in her hand, bearing 
names of Democratic voters, whom she would call out; these 
were allowed to enter the polling place and vote. (1446-47-) 

B. B. Presson: Voting began after 8 o’clock; registrar left 
polling place and went out into the street to vote a Democrat, 
delaying the voting; no disturbance around the polls; women 
voted first; ratio of vote, 3 Republicans to i Democrat; a can¬ 
didate on the Democratic ticket refused to vote on account of 
the tactics which were being employed and was thoroughly 
disgusted; the voting was done in the rear of the building, 
which was very dark; there were windows in front; by voting 
near the windows, voting would have been expedited greatly. 
(1457-58-59.) 

James Treece: The Democrats were pulled in over and 
through the Republicans, and allowed to vote; clerk left build¬ 
ing ten or fifteen times, thereby delaying votes; when the 
building was full of voters, they were ordered to go outside; 
this the Republicans did, but the Democrats did not; it was 
after eight o’clock when voting began. (1468-69.) 

J. D. Lee: Is a resident of Center Township, which has a 
very large Democratic majority; that 752 were voted by 12:30 
on election day; that they could have voted 1,600 during the 
day; was a Republican Judge. (1401.) 

Artie Eudy : Polls opened late. (1313.) 


15 


Rufus Hinson: Polls opened 8:20 or 8:30; 100 people were 
waiting; it took from 5 to 8 minutes to vote a person; went 
to Albemarle to consult attorneys regarding some way to speed 
up matters; it was much lighter in the front of the building, 
owing to the fact that there were no windows in the rear, 
while there were windows in the front; voting was carried on 
in the rear. (1540-41.) 

Calvin Hinson : Voting was carried on very slowly; officials 
went out on street and voted Democratic lady. (1540-41.) 

A. G. Morton: A very old Republican, hearing the officials 
had passed an order giving preference to the old men, and al¬ 
lowing them to vote before the younger, made several attempts 
to get in the building, both from the front and rear doors, but 
with no avail. (1325.) 

B. J. Barker: The polls opened late; train had gone East; 
heard reports and rumors before election to the effect that 
dilatory tactics would be practiced; heard the Democratic 
Clerk, Claude Smith, make the remark that he (Claude Smith ) 
‘‘was dirty as hell”; that said Smith practically ran the elec¬ 
tion and dictated all moves on the part of the officials; votes 
not counted until 11 o’clock; after the polls closed, Mr. Bar¬ 
ker took up 190 Republican ballots, being the ballots of people 
who were denied the right to vote, and who had intended to 
vote for the contestant; that these were placed in a box and 
given to the officials, who later refused to count them, and 
would not return them. (1449-50.) 

C. R. Barbee: Got in the building twenty minutes before 
the polls closed; intended to vote Republican ticket, but did 
not get to vote. (1462-63.) 

J. L. Tucker: Polls opened thirty minutes after the train 
had gone East, which train runs at 7:38; that clerks, poll- 
holders, etc., were changed very often by the Democratic 
officials; their procedure was to call in people, allowing them 
to vote under the pretense of having them act as bailiffs or 
clerks; it took from two to two and a half minutes to vote a 
person; no dilatory tactics heard of in Democratic precinct; 
the reason for the Republicans being denied privilege of vot- 


i6 


ing clue to Democratic machinery; talked with Jess / 3 sborne, 
a Democrat, who remarked that the voting was being carried 
on very slowly, and asked him if something couldn't be done 
to speed matters up; times voting. (1450-51.) 

A. B. Tucker: Polls opened after 8 o'clock, 

J. E. Teeter: Democrats were pulled over Republicans and 
allowed to vote; voting carried on very slowly. ( 1483.) 

Trenue Lambert: Polls opened after 8 o'clock. (1472.) 

J. G. Walters: Voters entered by the rear door; bailiffs 
stationed at this door were Democrats. (1482, 1540.) No 
disturbance around the polls; began to count votes at mid¬ 
night. (1458-) 

M. M. Tucker: Polls opened at 8:30; took from one to 
twenty minutes to vote a voter, and on several occasions it 
took twent}^ minutes to vote a voter. 

Joshua Treece: Polls opened after 7:38; while the clerk 
was out of voting place, the voting was stopped. (1383.) Did 
not see any boisterous conduct or crowding by Republicans. 
( 1 542.) 

Arch Eurv: Train had gone East, due 7:38; polls opened 
afterward; voting dragged along very slowly; clerk left poll 
ing place, voting stopped ; six voters should vote in one min¬ 
ute. (1384-85.) 

Ray Sossoman, Democratic Registrar for precinct: Placed 
names on registration book without seeing person; about 
twenty-five entered in this way; did not preserve absentee cer ¬ 
tificates and ballots; spent two and one-half days riding over 
the township registering voters; registered 100 Democrats in 
this way and only one Republican; aggregate vote in this pre¬ 
cinct, two Republicans to one Democrat; refused to go to 
register Republicans when requested; one challenge. (1375.) 

A . Ranzo Hahn: Saw no crowding by Republicans, or 
other conduct on their part which tended to delay voting. 

(1542.) 

J. A. Little, Democratic Clerk of the Court: Registration 
books offered as Exhibits 2 and 3. (1549.) 



17 


Big Lick Precinct 

A. liarbee: Took registrar at Big Lick twenty minutes to 
find name of one voter. (1443. ) 

George Palmer; Introduces Stanly County’s Exhibit 3, 
headed, “Will the Democrats Steal the County?” (1532.) 

H. P. Efird, Registrar, Big Lick Township: Registered 
partially on his trips away from polling place; one Republican 
and 25 Democrats; 150 did not vote on account of lack of 
time; absentee certificates not returned; Big Lick and Fun- 
precincts are the two largest Republican precincts in the 
County; no disturbance around polls at Big lick. (1368-69, 
7I-) 

M. A. Whitley; More could have voted; sought counsel to 
expedite voting; no disturbance around polls to interfere with 
voting; crowd waited patiently; Democratic politicians were 
at Oakborough, which is the voting place, the day before. 

(1436-) 

M. C. Lowder; No disturbance around polls to interfere 
with voting. (1075.) 

Amos Hunnycutt: Took 25 minutes to find one name. 

(1443-) 

J. J. Lancaster: Bailiffs at the door where voters entered 
voting place were Democrats. (1080.) 

C. C. Helms : That bailiffs were Democrats; the people were 
very orderly; all stood back and let the ladies vote; heard great 
deal of complaint regarding slow voting. (1081-82.) 

. W. F. Swarnigan: Heard rumors before and on election 
day to the effect that Democrats were going to hinder and' 
delay Republican voters in Big Lick and Furr Township. 

(1529-) 

G. W. Dry: No disturbance around polls. (1073.) 

Rufus Dry: No misconduct around polls; Republicans 6 
to Democrats i. (1074.) 

Obadiah Whitley: Observed slow methods; registrars in¬ 
competent, or purposely caused failure of so many to vote; 
voters found their own names in some cases before they were 


i8 


found by the clerk or registrar. (1335*) 

W. H. Smith: Was told by Simp Cox that the Democrats 
had planned to knock out Republican voters in several pre¬ 
cincts of Stanly County ; was told this before election. (i 547 - ' 

Homer Smith: Was told by Simp Cox that Democrats had 
planned to knock out Republican votes in several precincts of 
the County. (i 547 -) 

C. J. Helms: Was told by Lee Osborne of plan of Demo¬ 
crats to carry Stanly County. (1418.) 

D. Whitley: Was told of plan of Democrats to carry the 
County. (1419.) 

Amos Hunnycutt: Timed as to one voter, and says it took 
25 minutes to find his name. (1435.) 

Names of voters denied privilege of voting for contestant 
by means of this conspiracy are as follows: 

B. H. Henson (1311), Silas Hatley (1312), Mitchell Little 
(1312), R. L. Barbee, E. F. Carriker (1313), Aron Lee, Reu- I 

ben Hatley, John Bradford, Cameron Sossoman (1314), J. S. | 

Drake, Adam Deese, John Deese, Webster Heathcock (1315), ) 

T. A. Hunnycutt, J. A. Furr, Clyde Furr, John L. Hunnycutt, t 

V. Ranzo Hahn (1316), J. Beacher Barbee (1317), J. Frank | 

Osborne, J. C. Burris, S. M. Hartsell (1444), Silas Whitley f 

(1445), Benton Dry, Israel Barbee, B. Rans Hahn (1446), I 

T. M. Allman (1447), John Deese, Bob Mason (1448), Henry | 

Morgan, Charles F. Smith, Silas Morgan, E. M. Lambert, 

Jack Long (1448), Ben Presson (1456), John Walters (1457), | 

John L. Furr (1459), Adam Page, T. G. Smith, J. F. Whitley, } 

William Hartsell, George Morgan (1460), L. R. McClure, : 

C. P. Tolbert, Clarence Reed, J. E. Little, J. Smith (1461), 

John F. Brown, T. Luther Coley, B. E. Holbrook, C. R. Bar¬ 
bee (1462), M. R. Lambert, John D. Hunnycutt, W. D. Sas- i 

ser, J. D. Efird (1463), G. C. Efird, W. P. Carriker, C. H. , 

Furr, Greene P. Burris, John W. Heathcock, D. S. Bratton 
(1464), W. Jody Morgan, O. J. Bratton, D. G. Smith, J. E. ' 

Drake, T. C. Love, A. J. Stirewalt (1465), J. T. Burris, J. C. , 

Barbee, H. E. Drake, A. J. Blackwelder, W. O. Drake (1466), j 

R. T. Morgan, Jacob G. Tucker, S. F. Eudy, Millard Smith, ! 






19 


O. M. Smith, John C. Harwell (1467), W. W. Hunnycutt. 
James Treece (1468), R. W. Barbee, H. A. Rummage, A. E. 
Lambert, W. S. Eudy (1469), L, C. Coley, L. M. Hudson, 
Mack H. Love, John H. Taylor {1470), Alvah C. Bratton, 
Sylvester Bratton, A. T. Hunnycutt, W. A. Hunnycutt, Clar¬ 
ence Eurr (1471 ), Irenus Lambert, J. E. Hatly, J. E. Morgan,- 
Will Lee (1472), R. E. Mullis, D. B. Tucker, T. L. Drake, 
J. H. Love, Cleve Eurr, 11. D. Crayton, John Osborne (1473 
L. C. Blackwelder, Pink Lambert, James Tucker (1474), A. 
L. Eury, Birch Eury, Harley Barbee, John F. Teeter (1475), 
James Crayton, James F. Barbee (1476), Philas, Hartsell, 
Shuford Tucker, J. E. Thomas (1477), Jim Little, J. T. Ken¬ 
nedy, H. W. Eudy (1478), M. E. Tucker, John Williams, 
W. M. Mullis (1479), Ralph Hartsell, J. A. Moss, Adam 
Heathcock, M. Math Tucker ( 1480), F. M. Hunnycutt (1481), 
Lonny Furr, Eli Eudy (1482), M. A. Whitley, as to qualifi¬ 
cations (1549), M. A. Whitley (1319), T. R. Furr (1321), 
Eli J. Smith (1322), T. M. Allman (1472), Leonard Lambert 
(1481), A. N. Springer, S. M. Smith, L. J. Smith (1322), 
Thomas Morgan, W. H. Sasser, J. H. Edwards (1323), W. A. 
Barbee, Bryan Allman, A. G. Morton (1324), A. B. Thomas 
(1325), W. T. Hatly, J. F. Austin, A. W. Barbee, J. H. Hart¬ 
sell (1326), J. Lee Smith, Melton F. Hartsell, W. F. Hill 
(1327), Lee R. Hunnycutt, Rufus Morgan, J. F. Hatly, A. H. 
Sasser (1328), D. G. Morgan, M. L. Morgan, E. R. Smith 
(1329), N. J. Whitley, Homer L. Burris, John A. Burris, L. 
Manassus Whitley (1330), L. A. Little (1331), D. Hunnycutt, 
S. W Gilbert, P. J. Smith (1332), W. M. Burris, Shuford 
Coble, W. Ben Barbee (1333), Fred J. Hartsell, Alvin Howell. 
C. A. Teeter (1334), 1 . J. Poplin, C. J. Tucker, A. Finley 
Henson (1338), A. F. Henson, A. E. Brown, C. C. Morgan, 
W. P. Stoker (1339), John A. Hartsell, S. S. Smith, P. L. 
Henson, D. Bost Henson (1431 ), C. L. Austin, N. Ely Austin. 
F. L. Helms, B. M. Green (1432), M. L. Allman, Alec Griffin, 

P. B. Hill, Abner Hatly, L. W. Connor (1433)? Will Springer. 
W. Hamp Dry, R. J. Hill (1334), Philip Smith, Charley Mil¬ 
ler, Wade A. Whitley (1438), Shuford Furr, Spurgeon Sasser 



20 


(I 439 j> Silas A. Hunnycutt, C. D. Heathcock^ F. F. Whitley, 

E. T. Burris (1440), J. E. Morton (1440). Will Hartsell, John 

F. Morgan, Alec Griffin, Will S. Hartsell (1442 ), E. E. Burris, 
W. A. Edwards, J. Philas Henson, R. G. Bowers (1340)^ 
Thomas M. Hatly, J. W. Heathcock, J. Tyler Hunnycutt, D. 
P. Henson, J. H. Morgan (1341), J- F. Burris, B. Lindsey 
Whitley, Wk C. Clark, W. D. Russell (1342), J- A. Deese, J. 
H. Brooks, Wh D. Russell (1343), Lonnie Austin, Alvin A. 
Burris, Philas C. Austin, J. B. Ledbetter, Sebastian Hartsell 
(i344),'G. P. Burris, C. M. Morgan, Alma A. Smith, Arthur 
Hatly, John F. Whitley (1345), Titus Coble, Will C. Smith, 
Travis Tucker, G. C. Ledbetter, M. L. James (1346), J. Frank 
Dunn, Shuford Burris, Jonah S. Green, Adam S. Hunnycutt 
(1347), D. R. Smith, R. T. Burris, B. R. Smith, C. G. Smith, 
T. L. Smith (1348), P. A. Hunnycutt, G. C. Smith, John A. 
Hunnycutt, Silas A. Smith (1349), T. M. Stanley (1525, 
^538), J. O. Hunsucker (1525), Paul Austin (1520), J. A. 
Jolly (1533), Mrs. J. A. Jolly (1533), Ed Ridenhour (1506- 
07 ), Puett Simpson, intimidated (1544-45), Mrs. Puett Simp¬ 
son, intimiclated (1545), W. B. Nichols, intimidated (1408- 
09 ), Joe Helms (1520), Willie Hatly (1089). 

As nearly as can be determined from the record, the con¬ 
testant was deprived of approximately 264 votes by the Demo¬ 
cratic poll-holders, in these two precincts, in pursuance of dila¬ 
tory tactics agreed upon before the election. 

Voted for Contestee Without Prepayment of Poll Tax 

Lmder the constitution and laws of North Carolina, in force 
on November 2, 1920, no male person between the ages of 
21 and 50 years could vote, unless he had paid his poll tax for 
the previous year, on or before May i, 1920, and exhibited a 
receipt therefor, or made affidavit that payment had been 
made, with the single exception, that the County Commis¬ 
sioners in any county might, upon application of the tax-payer, 
and in a case duly proved, release the applicant from the pay¬ 
ment of his poll tax for poverty and infirmityy provided sucii 




21 


release was obtained on or before May i, 1920, and evidenced 
by a written discharge, or affidavit, that such discharge had 
been made. Without meeting one or the other of these re¬ 
quirements^ no such voter could lawfully register and vote. 

In order that registrars and judges of election might be duly 
advised as to whether voters had complied with tlie laws as 
to the payment of poll-tax, the sheriff or tax-collector in each 
county was required, under penalty, to submit to the Clerk of 
the Superior Court, between May ist and May loth, a cer¬ 
tified list of all such persons as had met the requirement. In 
the County of Iredell, which gave the contestee a claimed ma¬ 
jority of 2,105, admittedly no such list was certified by the 
sheriff, with the result that the number of legal voters in that 
county could not be ascertained, and since the registrars and 
judges of election did not usually make demand for tax re¬ 
ceipts, or affidavits, it is manifest that hundreds of unlawful 
votes were cast because of lack of this constitutional require¬ 
ment, rendering it impossible to separate lawful from un¬ 
lawful votes, or to ascertain what the voting population of 
the county was, for which reason the contestant asks that the 
entire vote of Iredell County be thrown out and disregarde^I 
in the final count. 

The poll-tax situation was further complicated by the action 
of the County Commissioners in Iredell and other counties, 
in giving a pretended form of release to hundreds of voters 
without payment, and not upon the ground of poverty or in¬ 
firmity. 

We cite below the testimony of witnesses to show the cha¬ 
otic condition as to payment of poll taxes, and make reference 
to large lists of voters affected. 

Rowan Comity 

List of voters who voted for contestee without payment of 
poll-tax, as required by law: 

Walton (408), Clement, Betts, Miller (409), Morrison, 
Younce (410), Kestler, Godfrey, Hicks, Eller, Davis (411). 



22 


Cauble, Towson, Lentz, Thomas (412), Sigmon, Booker, 
VVomble, Greer (413), Perry, Crook, Lancox, Beele (414)’ 
K. L. and L. B. Cress (450), Williams, Mitchell, Crawford, 
Fuller, Gupton, Peck (450), Butler, Hughes, Burney, Ragan, 
Cousins, E,. L. Hardin, Allen, Beard, Lewis, Daniel, C. S. Gore, 
W. A. Gore, McCubbins, Cutherell, Hartmann, Merrill, J. A. 
Ryan, Harry Gore, Walton, Delamor, H. F. Ryan, Powell, 
Spencer, A. Buerbaum, Leonard, Robe (452), Pickens (453)1 
T. E. Buerbaum (456), Miles, Lucas, Royster (467), Faggart 
(468), Handley, Rouche, Phillips, Lee, Woodall, W. W. Mc- 
Swain, W. S. McSwain, Lewelyn, Quinn (487), Arey, Pear¬ 
son, Busbee, Joyner, McKenzie, R. G. McSwain, Clemen:, 
Parker, Ragman, Lyons, Shaver, D. Clement (488 ), Rogers, 
Rosseau, Shannahan (510), Riley, S. Hartman, Miller, Hart¬ 
mann, Lentz, Rector, Lefter (517). Total, 94. 

List of voters challenged by contestee for non-payment of 
poll-tax, who had not paid, but who voted for the contestee 
himself: 

Casper, Stoker (ti66), Petrie. Holman, Bagger (i 173-4), 
Lucas, Richie, Smith, Casper (T195), Faggart, Bain (1196), 
Hoover, H. E. and C. D, Little, Kennedy, Brunner (1210), 
Sherwood (1219), Spencer (1221), Maness, Owen (1235), 
Lewis, Griffin, Henderson, Beck, Kincaid (1242), Thornburg, 
Milm (1245), Etheridge, Nussman, Freeman (1247). Total, 
30- 

List who had not paid their poll-tax or were non-residents, 
or both, who voted for the contestee by absentee ballot: 

Mrs. Young (439), Fetzer (451), Gorman, Blackmer, 
Wiley, Snellings, Fames (452), P. Fames, Carter, Ramsey, 
Cathey, McKenzie, W. H. Hambley, James Hambley, W. H. 
Hardin, Buford (453), Denney (456), Bostin, insane (466), 
Prince (469)^ R- L. Raney (469), R. T. Raney (470), Mr, 
and Mrs. Drew (471), Kestler, Mingus, Klutz, C. E. Combs 
(479), Shuman (500, 502, 480), Bradley, Horton, Allen, Col¬ 
lins, Boylan, Boyd (485), Barnes, Kincaid, Miller, Felker, 
Spry, Poge, Parker, Daniels, Jones, Baker, Smith, E. W. Rus¬ 
sell, McLain. G. W. Baker, Rybelin, Brown, Leslie, Manis. 




23 


Cress, R. R. Russell, Grove, Karriker, Cauble, Evans, Wide- 
ner, Ellis, Henderson, Martin, Moore, File, Regnant, Pen¬ 
nington, Ruffner, Dobney, Bradford (489, 1220), Allen, An¬ 
drews, Austin, Bailey, Bain, Barker, Barnes, Beaker, Bullin, 
Cagle, Carter, Cawson, Cline, A. W. Coates, E. N. Coates, 
Danton, L. W. Davis, R. W. Davis, Beale, Denney, Dorseyy, 
Dwyer, Earnhardt, Erp, Edwards, Elmer, Ford, Gable, Gaines, 
Gwynn, Reed Hall, E. P. Hall, Harris, J. S. Henderson, Jr., 
Leonard, Henderson, Howell, Johnson, Jones, Keegan, Lewis, 
Link, J. R. Monroe, J. R. and J. H. Murphy, Myers, Nail, 
Nicholson, Owens, Porter, Raney, Rogers, Rankin, J. P. Ro¬ 
gers, Roberts, F. F. and F. S. Smith, Taylor, Young, White 
(490-5 and 1064), Trollinger, Whisnant, Ware, L. A. Julian, 
J. L. Julian, A. L. Curry, V. A. Foreman (510), C. S. Julian, 
J. D. Linker, E. D. Trollinger, V. H. Trollinger, Deoine, J. 1. 
Linker, Erwin (511), Wright, Clark, W. H. Curry, Bworn, 
Harkey, Cook, Rudolph, Davy, Daniels, Sheets, Stoddard, W. 
P. Smith, Cauble, N. Brown, Compton, Rice, Buford, Crow¬ 
der, Nicholson, Allen (512), Haynes, Hess, Butler, Shanna- 
han, P. D. Clarke (451), J. L. Holes (513). Total, 170. 

Iredell County 

M. P. Alexander, Democratic Sheriff: Has no knowledge 
as to whether list of poll-tax payers was given to the Clerk 
of Superior Court, as prescribed by law. (35.) 

J. A. Hartness, Democratic Clerk of the Court: The list 
of certified paid polls, referred to in testimony of M. P. Alex¬ 
ander, was not given him; it was not, and has not been in his 
office, as prescribed by law. (48.) 

L. C. Wagner: Campbell did not authorize, nor have any 
knowledge of agreement about payment of poll-tax (53); 
George and Bernice Absher voted for contestee; that they 
were liable for poll-tax, but did not pay it. (57, 58.) 

T. S. Coffee, Democratic Registrar, Statesville, Ward No. 
2: Has no knowledge as to whether absentee voters qualified 
as to poll-tax or not. (75.) 



24 


W. M. Albea, Democratic Registrar, Turnersburg: Did not 
apply poll qualifications to 125 or 150 applicants. (203.) 

List of voters who voted for the contestee, who had not 
paid their poll-tax, according to law: 

C. E. Earnhardt, R. O. Beaver, J. O. Be^aver, W. P. Bass, 
Q. A. Barkley, Carl Bolling, J, A. Cook, L. M. Ellis, R. F. 
Eagle (78 and 243), J. E. Freeland, A. M. Freeland, W. S. 
Graham, J. A. Guy, A. A. Gibson, O. M. Hare, A. F. Hagar, 
A. F. Hope, W. C. Howard, R. A. Hoover, R. O. Kyles, E. 
Lambert, Ralph Mills (pages 79 and 243), W. H. Mills, J. W. 
Mills, Lon Miller, Carl Curdock, C. T. McNeely, J. L. Mc- 
Heely, J. A. Owen, Sam Rogers, S. A. Shuping, R. C. Shoe¬ 
maker, H. B. Thompson, J. Q. Warner, D. L. Warner, C. B. 
Warner, M. M. Warren, T. F. Wyatt (pages 80 and 243). 
John Sills, T. L. Dicer, O. T. Gillepsie (280-81.) 

The following is a list who testified that they did not qualify 
and had not paid their poll-tax, but voted for contestee: 

J. J. Leroy, F. M. Cunningham, A. M. Brawley, Carl M. 
Morrison '(266-67), J* E. Kale (284), M. L. Li taker (285), 
Charles Mills (28506), Ben A. Simpson (287), Fred Lee 
Bradley (290), George S. Shipley (292), Raymond Allison, 
Fred Wilson (405), J. H. Finley (292-3), William Miller 
(294-5)? M. V. Thompson (298), H. C. Bost (299), W. T. 
Bell (299), J. R. Ballard (299-300), C. C. Edwards (303), 
W. G. Gatlin (303), John Hombarger (303), W. P. Kelly 
(305), Carl M. Lindsey (305), G. E. Marshall (306), Marvin 
F. Marshall (306), N. P. Menish (306-7), H. G. Couple 
(307), W. A. Moore (308), T. S. Patterson (309), J. C. Payne 
(309), J. R. Pope (309), A. C. West (311), T. V. Goode 
(313-14), C. O. Marshall (315), E. L. Brady (315-16), L. B. 
Patterson (316), R. G. Gaither (317), Grady Gill (317), J. F. 
Jackson (319), A. W. Lackey (319-20), Ralph M. Lazenby 
(320), Robert A. McCrury (321), R. L. Moose (322), E. M. 
Shelton (324), W. M. Shoemaker (324), J. A. Sykes (324), 
Thomas A. Sanders (325), W. E. Hancon (325), B. A. Kim- 
mons (326), R. T. Elliott (326), J. I. Tomlin (326), E. L. 
Kale (329), H. T. Lee (329), H. W. Melchor (330), John 


25 


Mann (331), John L. Mills (332), Turner Robinson (334035), 
C. Johnson (335), Adam Whitley (338), S. A. Rhine (339), 
R. A. Fairchild (340), Eugene D. Fink (343-4), R, L. Mc¬ 
Lean (346), J. S. Mackey (346), J. S. Nesbitt (346), L. M. 
Rogers (347), Mack K. Melchor (347048), George McLean 
(349), A. T. McCraven (349), J. G. Sherrill (350), Roy 
Kinley (352), P. A. Alexander (352), H. C. Newsome (352), 
F. S. Morriss (353), J. W. Cash (355), J. W. Crawford (355), 

O. R. Davidson (356), W. B. Fulbright (356), R. L. Gilbert 
(356057), O. H. Hoke (357), S. Z. Hoover (359), H. G. 
Alorrow (359), G. C. Reid (360), F. D. Stewart (260-61, or 
360-31), L. A. Shook (361), R. B. Summers (361), C. B. 
Morris (362), Wiley Lentz (362-3 ), O. L. Brown (363-4), 
W. H. Arthurs (364), W. D. Waller (366), L. K. Houston 
(367), W. L. Houston (367), W. O. Morrison (372), J. E. 
Rufty (383), H. R. Barrier (377), J. T. Steele (379), Ben 
Miles (380), Rex Rupert (383), Bryan Bradford (384), J. E. 
Sharp (385), Conrad Sherrill (385), Everett O. Stewart 
(385 ), W. B. Stewart (385 ), E. R. Siceloff (389 ), F. R. Scott 
(389-90), John Welborn (390), R. Gordon (392), C. C. 
Jurney (392 ), R. W. Levar (393), P. H. Summers (393), 

C. W. Green (394), C. S. Current (395), J. W. Elam (396), 

D. E. Hayes (396), E. C. Mowbry (397), R. W. Stroud (397- 
8), A. R. West (398), R. S. Moore (399), W. A. Boyater 
(402 ), J. D. Cockran (402), C. P. Davidson (403). Frank A. 
Hill (403), V. H. Nash (403), M. F. Nash (404), W. F. War- 
lick (405), R. W. Graeber (405), J. E. Hoover, R. V. Snider, 
Roy Thomas, F. I>. Henry (298 ). Total, 134. 

List of Democratic voters, who voted for the contestee, who 
were subpoenaed to testify in behalf of the contestant, and 
did not appear, it appearing from a check made by P. P. Dulin, 
that they were between the ages of 21 and 50; were liable, but 
did not pay poll-tax; he says they voted for the contestee: 
Joe Wagner, Charley Payne, Edwin Alexander and 146 others. 

P. P. Dulin’s testimony, 1271 to 1277. 

List of Democrats who voted for the contestee, having paid 
their poll-tax, but their poll-taxes were rebated, thereby mak- 


26 


i 

ing their votes illegal: W. Press Sharp, Frank Deaton, Dr. 

W. E. Wilson, E. E. Plyler, and twenty-two others. See P. P. 

Dulin’s testimony, pp. 1271 to 1277. 

List of voters, who voted for the contestee, who were liable 
for a poll-tax, but did not pay on or before May ist. The 
testimony of P. P. Dulin, 1275. Testimony as to their voting 
the Democratic ticket, pp. 78 and 80, by L. O. White. 

M. A. Beaver, Ford Beaver, Clarence Beaver, C. S. Bass, 

R. M. Cloer, S. A. Freeland, S. M. Miller. 

At least two hundred more who voted the Democratic ticket 
were liable for poll-tax, concerning whom a reasonable infer¬ 
ence can be drawn from the evidence that they did not pay 
their poll-tax, according to law. Iredell evidence, 34-404. 

Total in county, 357. 

Ashe County 

List of ‘non-paid poll-taxes, ascertain by checking poll-books i 

with the certified list of paid poll-taxes, as made out by the j 

Sheriff of Ashe County, and kept in the office of the Clerk of j 

the Court. (710-11.) The page of the record on which testi- \ 

mony is offered to show that they voted, and how they voted, > 

is marked opposite their names: | 

Pete Phipps (688), Tom Reeves (688), W. O. Sapp (668, t 

710), J. S. Sapp (688, 710), Arch McMillan (656), Willie ? 

Miller (654), John Linney Roupe (654), Emmet Price, W. B. 

Brown, Sam Blevins, Wiley Taylor, W. P. Sturgill (654), 

Fieldon Hurley, Thomas Hurley, Clinton Goss, G. C. Darnell 
(672), Thomas N. Ham (674, 710), Charles Latham, Roger { 

Barr (688, 710), Ellis Miller (709), Barney Miller (644 and 5 

709), Azer Miller (640 and 709), George Miller (641, 42 and 
709), G. C. Dixon, F. H. Neal, Lon Reeves, George Bower, 

Walter Weaver, Silas Monroe Barr (696), C. B. Houck (692, 

694-5-6), W. W. Goodman (653 and 700), Walter Johnson 
(700), D. S. Bell (702), Mack Lambert (703), Fred Rose, 

Q. B. Lewis, Ed H. Woody (703), C. B. Houck, J. P. Houck, 

J. C. Goodman, John Tracey (695), Ed Atkins (653 and 





27 


699 )j John Greer, W. E. Church, Ira Teague (699). The 
foregoing list includes the names of Democratic voters, who 
did not pay their poll-tax on or before May ist. 

Wiley Brown (710), Edwin Foster (711), Dove Sexton 
(711), Frank Firesland (711), Earl Scott (711), Willie Bore 
(711), W. H. Teague (700-1 and 711), Tom Osborne (711), 
W. E. Balloe (1564). Total, 54. 

Absent Voters 

Of all the ugly phases of the Congressional Election of 1920 
in the Eighth District of North Carolina, that pertaining to 
absentee voting was conducted by the friends of the contestee 
with the most reckless disregard for the law, and for the 
rights of the contestant. In almost its every aspect it was 
characterized by chaos, lawlessness, and fraud. Alen and wo¬ 
men voted, and were voted, without regard to registration, 
residence, poll-tax, law, or formality, sometimes absent, often 
present; sometimes pretendedly sick, but actually at home, 
pursuing their usual daily work. Scarcely anywhere did the 
Democratic registrars and poll-holders make any effort what¬ 
ever to ascertain the qualifications of absent voters, although 
the law requires them to possess the same qualifications as 
present voters, with the single exception of the requisite of 
personal presence. 

The ratio of the absentee votes of Doughton and Campbell 
tells its own story. While the total vote of Doughton, as 
claimed, stands a little more than i to i to that of Campbell, 
the absentee voto stands over 8 to i. Iredell and Roiwaii 
Counties alone gave Doughton a total of 1041 to Campbell’s 
87, or 12 to I. That the great bulk of the contestee’s absentee 
vote was fraudulent, is self-evident. Here was an open door 
for apparently undetectable wrongful advantage, and that it 
was availed of abundantly, the record strongly indicates. 

But the whole absentee vote of the district was illegal in that 
the law requires both the absentee ballots and certificates to 
be returned by the precinct poll-holders, and that they be kept 


28 


for six months, or until any contest is decided. By the testi¬ 
mony of the registrars themselves, all of whom are friends 
and partisans of the contestee, these ballots and certificates 
were not returned and preserved, as required by law, with 
the exception of a few; scattering ones here and there, with 
the consequence that no record could be diad, or any check 
made, by which their questioned legality could be inquired 
into. The contestant feels abundantly justified in asking that 
the Committee throw out all alleged absentee votes, for the 
manifest reason that it is clear that the great bulk of them is 
fraudulent, and for the further reason that the ballots and 
certificates were not preserved and returned, as required by 
law, rendering impossible any recount, or definite ascertain¬ 
ment of their number. 

A brief notice of some of the testimony will, we believe, 
convince anyone that the great ’preponderance of the absentee 
vote claimed to have been cast for the contestee can not be 
justified, and that, because of its unlawful and chaotic con¬ 
dition. it should all be disregarded. 

Rozvan County 

j. F. McCubbins, Clerk of the Court of Rowan County: 
No ballots or certificates of absentee votes or personally voted 
ballots were returned to his office immediately after the No¬ 
vember election, or at any time thereafter. (407-08.) 

J. C. Deaton, ex-Register of Deeds, Rowan County: Was 
Register of Deeds at time of election; he received, immediately 
after election, the poll-books and registration books from the 
different precincts throughout the. county, but no absentee 
voters’ certificates. (421.) 

M. L. Barker, Register of Deeds: Became Register of 
Deeds December i, 1920, and thereby the custodian of the 
registration and poll books; has not had in his possession any 
ballots or certificates of absentee voters other than 34 which 
were found loose in the China Grove registration book; amono- 
these, only one disability certificate appeared. (421.) 




29 


J. Lee Armstrong, Republican poll-holder, Spencer precinct: 
Democratic poll-holder was aware that the absentee votes 
and certificates were to be kept, and remarked about it at the 
time of opening the absentee vote; >about 8o absentee ballots 
were cast; the ratio was approximately 7 Democrats to i Re¬ 
publican, while the personally cast vote was less than 3 Demo¬ 
crats to I Republican; had lived in Spencer twenty years, and 
knew only a few of the people who sent in these absentee 
votes, nor did he have any knowledge of their qualifications 
to vote. (419.) 

J. L. Fleming, Democratic Judge, Bradshaw Township: 
E. J. Fleming, Mrs. Ketchie, Mrs. Allbright, and Miss All- 
bright were voted as absentees; voted the Democratic ticket; 
their envelopes contained disability certificates, but no cer¬ 
tificates as to how they wanted to vote. (426.) 

W. L. Shaver, Democratic poll-holder. Gold Hill precinct: 
Seven Democratic absentee ballots were cast for people who 
resided near the polls, none of these containing disability cer¬ 
tificates, one of these being a resident of the District of Co¬ 
lumbia. (431-33D 

I. T. Bailey, Democratic Judge, Unity Precinct: Twenty 
absentee votes cast; did not preserve certificates or envelopes. 
(434-) 

C. A. Deal, Republican poll-holder. Unity Precinct: The 
absentee ballots referred to by I. T. Bailey were unanimously 
Democratic. (435.) Of this number, 3 were registered by 
notification from E. C. Gregory, Democratic County Chair¬ 
man, (436), who later in the hearing was called but, failed to 
appear at any time during the hearing of contestant to answer 
in regard to absentee voters’ record. (478.) 

W. F. Thomoson, Democratic poll-holder, Cleveland Pre¬ 
cinct : No return made of absentee ballots and certificates; 
13 absentee votes cast of which only i was Republican. (437.) 

W. A. Hall, Republican Judge, Franklin Precinct: Thirteen 
absentee votes cast; educational qualifications not required of 
these absentees; Miss Molly Polios, who voted Democratic 
absentee, had been dead sixteen years. (43^-39-) Ford, the 



30 


registrar, testified that she voted. (1133.) 

R. L. Pennington, Franklin Precinct: The Democratic poll- 
holder was asked by Frank Owens, a Republican, to permit 
him to take a ticket to his wife at home, and let her fix it up 
and bring it back and vote it for her; refused this request, 
but permitted Democrats thus to vote. (444*) 

R. N. West, Republican poll-holder: Of 10 absentee votes 
cast at Mt. Ulla precinct, all were Democratic. (447-) 

T. M. Winecoff, Republican Judge, West Ward: Around 
125 absentee votes cast; ballots and certificates not preserved 
or sent in, as required; remarked to the. Democratic officials 
that these should be kept, on election day; did not sign the 
election returns in this ward. (468-474.) Of 125 absentee 
votes cast, the contestant received only 4 or 5. Of the aggre¬ 
gate vote cast in that precinct, contestee received 883. and the 
contestant 500, while absentee vote was 22 Democrats to i 
Republican. 

C. G. Sowers, Republican poll-holder, North Ward: Out 
of 100 absentee votes cast, less than 6 were Republican. ( 479- 
82.) 

E. H. Bean: The North Ward absentee list of names voted 
was so unusual that he searched the city directories of Salis¬ 
bury, Spencer, and East Spencer, and did not find them, nor 
did he find them on the tax books; consulted people that had 
been living in the precinct for twenty-five years, and they had 
never heard of many of them; as to others, he is informed and 
believes that they have been gone for years. (489.) 

A. H. Price, wiho assisted in opening and depositing the 
absentee votes in North Ward: The contestee received about 
80 and the contestant 10. The personally cast vote in this 
precinct was in the ratio of 4 to i in favor of the contestee. 
(1212-13.) 

Democratic Judge and Registrar of North Ward say that 
the absentee vote numbered between 75 and 100. (1043, 4 S> 

48.) ^ 

Neely Disk, Democratic poll-holder, Morgan Precinct No. i: 
Of 12 absentee votes cast, all were Democratic. (484.) 



31 


1 ). L. Austin, Republican poll-holder, East Ward: Of 75 
or 100 absentee votes cast, only i was Republican. (497- ) 
See testimony of E. H. Bean in regard to same. (490-493 .1 

J. C. Kesler, Democratic poll-holder, East Ward: Testifies 
to an almost continuous list, which he identifies as the absentee 
vote; knows but few of them. (499-503, 1064-69.) 

E. H. Bean: City directory and tax list fail to show names 
on absentee voting list. (494.) 

S. C. Peacock, Republican poll-holder, South Ward: Of 
50 absentee votes cast, only 5 Republicans. H. Glover cor¬ 
roborates this. E. H. Bean further states that in this precinct 
47 persons appear to have voted absentee; that they are non¬ 
residents, with non-paid polls; that he is unable to locate them 
in city directory or on tax list. (511-14.) 

E. C. Shaver: Thirteen Democratic absentee votes were 
cast in Morgan Precinct No. r, who were non-residents, or 
residents in precinct who failed to present disability certi¬ 
ficates. (1168.) 

H. G. Bostian, Republican poll-holder, China Grove: Thirty- 
six Democrats voted absentee; only 3 disability certificates ap¬ 
peared. (1196.) 

Winecoff, Republican poll-holder, Bo.stian Precinct: Says 
Democratic Registrar, W. C. Klutz, made up a ticket for his 
wife, who did not come to the polls, and voted it. No doctor’s 
certificate. (1176.) 

Shank, Democratic Registrar: Admits he registered voters 
by suggestion and proxy. 

Iredell County 

J. G. Lewis, Chairman County Board of Elections, swore 
two-thirds of the registrants registered before him and that 
he might have registered a few who did not make personal 
appearance. Made trip to Washington, D. C., and registered 
between 15 and 25. Since election, has received no absentee 
certificates from poll-holders or registrars; neither has he re¬ 
ceived any ballots voted in the election of November 2nd; in 



every precinct in the county, there were two Democrats an i 
one Republican who acted as official poll-holders for the elec • 
tion of November 2nd. (36-43.) 

L. C. Wagner, as to absentees and other irregularities in 
Iredell County. (52-64.) 

Ballots and certificates not kept or returned, as prescribe I 
by law. (74.) 

See G. M. Young's testimony as to his two daughters, com¬ 
pared with vote of another lady (Miss Alford), they all hav¬ 
ing voted under the same circumstances, but about whose vote 
a contention arose. (87.) 

Mrs. Anthony had a Democratic absentee vote cast for her; 
she later states that she knew nothing of it; that she neither 
voted nor authorized an absentee vote to be cast for her. (93.) 

Mrs. Sherrill: Voted Democratic absentee; was in field at 
wcrk on election day, near polling place. (111-12.) 

There were 23 Democratic absentee votes cast and 3 Re- 
])ublican; ratio of voters in this precinct is 3 Democrats to i 
Republican. (119.) 

In another precinct, it appears that the entire absentee vote 
cast was Democratic. (142.) 

Another precinct shows 5 Democratic and i Republican 
absentee votes cast. (159.) Registration book shows no 
(late as to when absentees registered. (160-61.) 

In Union Grove Township, there were ii absentees, of 
which there were only 3 Republicans. (188.) 

In Eagle Mills Township, the ratio of voters was 3 Re¬ 
publicans to I Democrat. The absentee vote shows ii ab¬ 
sentee voters of which only three were Republicans. (196.) 

Two Democratic absentee votes were sent in to the registrar 
for George D. Reneger; one from Louisville, Kentucky; the 
other from Statesville. (196-97, 201.) 

In Turnersburg Township, the vote is 5 Democratic to 4 
Republican. In the absentee vote, there were 20 Democrats 
to I Republican. (208.) 

In Turnersburg Township, there were two absentee cer¬ 
tificates sent in, which did not state for whom they were to 




33 


be voted. It appears that they were voted Democratic. See 
motion to discard. (211.) 

In Sharpshurg Township, there were 18 or 20 absentees, of 
which 2 were Republican. Democrats were allowed to vote 
by the absentee method when there was no reasonable excuse 
for their non-attendance at the polls in person. (222, 257.) 

The absentee vote cast in Statesville, Ward No. i, was un¬ 
animously Democratic. (249.) 

In Statesville, Ward No. 3, there were 160 absentee votes 
cast, of which Campbell received only 12. The entire vote 
cast there gave Campbell 494, Doughton 1,130. (267.) 

John G. Lewis, Chairman County Board of Elections, wit¬ 
nessed absentee certificates before they were filled out and 
signed by the voters. Sometimes, never seeing the voter at 
all. (290-91.) 

List of voters who voted Democratic absentee, or in person, 
who appear to have been non-residents, or who had not paid 
their poll tax on or before May ist, or who were otherwise 
disqualified. 

E. Clyde Brown (iio-ii), Arch G. Browning (129), Fred 
Baker (129), A. D. Feimster, Lloyd G. Browning (130), Mrs. 
Emma C. Lunsford (130-31), Miss Dessie Weber, Miss Pearl 
Weber, Miss Annie L. Bradford, Mary Ethel Goss, Beulah 
Belle Bradford, John Harris (131), W. Albert Smith, Carl 
Morrison, Miss Rosa Guy (139), B. Mabel Stevenson (139- 
40), Lonnie Little, O. P. Summers (140), E. A. Moore, Hal 
Brady (141), Miss Marie Gabriel, Mrs. Lillie Frontis (118, 
154), Beulah Elam, Elizabeth Fry, Grace Gaither, Nannie 
Moore, Mrs. Ida Tomlinson, Louise Tomlinson, Mary Tom¬ 
linson (160-161), C. E. Gabriel (161-62), Miss Rachael Mc¬ 
Clellan (215), A. F. Marshall (216), W. H. Allison (249), 
L. R. Allison, Mrs. Margaret Allison (249), Mr. and Mrs. 
C. W. Williams (235, 249), C. W. Payne (147, 149, 150), 
Mrs. Mary Teeter (119, 151), Mrs. Alice McLain (117, 151), 
Mrs. Lucy T. McNeely (118-151), Mrs. L. M. Bell (118, 
152), Rufus Deaton (117, 152), Mrs. Mary E. Collins (116, 
152), J. A. Alexander (118, 152), R. B. Templeton (116, 


34 


152j, C. L. Guion, R. M. Stafford (117, 152), Mrs. Ella Ben- 
field (118, 152), Miss Mary E. Floers (116, 153), G. G. 
Adams (117, 153), F. W. Gabriel (117, I 53 )> W. M. Cres- 
well, B. B. Kerr (117, 153), Mrs. Sue McNeely, Mrs. Mary 
Coon (118, 154), J. E. McNeely (117, 154)? W. H. Cole (252- 
3-4), J. K. Kerrigan (252-3-4), Mrs. Sarah Cole Self (252- 
3-4), J. S. Ramsey (252-3-4), Mr. and Mrs. B. F. Bell (271), 
Arthur Bell (271), Will Bell J. C. Burgess, Mr. and Mrs. 
W. T. Calvert (271). 

Non-Resident Voters 

Iredell County 

Mr. and Mrs. A. C. Morrison (56), Mr. and Mrs. C. Wat¬ 
kins (57), Will Baxter (90), Mr. and Mrs. C. G. Echard (91), 
Fred Fields (153), Marvin Baker (163-4), Austin Watts 
(172), Mrs. Ledbetter (272), W. P. Morrison, Morrison, Mor¬ 
rison (272), Mr. and Mrs. A. C. West, A. T. Weisner, Mrs. 
C. L. Gilbert (272), J. E. Kale (284), L. R. Deal, Liizzie 
Deal, Margarette Deal (288-89), H. G. Couple (307), J. R. 
Polk (309), W. C. Troutman (311), A. C. West (311), R. C. 
Gaither (317), J. F. Jackson (319), J. W. Lackey (319), E. 
L. Knight (323-4), C. H. Stevens (337), Elbert F. Johnson 
( 354 )> O- R- Davidson (356), Fred M. Swisher (378), Ben 
Miles (380, 376), Ed Reniger (401), Thomas L. Tucker 
(404), Will Hartney, non-registered (271). 

Rowan County 

I (410) ; 2 (451) ; 1 (452) ; i (465) ; 2 (470) ; 2 (476) ; i 

(486) ; I (487) ; 2 (573) ; 2 (1195) ; 5 (1218) ; 2 (1235) ; i 

(487) . 

Hobbs and Saunders (445); Jackson (476, 477); Hobbs 

( 445 )- 

English, English, English (451); L. C. English (462); Ca- 
stevens (498). 


35 


The following is approximately a correct list of the absentee 
votes cast in the counties of Rowan, Iredell, Stanly, Ashe, and 
Caldwell, and for whom cast: 

Rowan County 

Dem. Rep. Record 

China Grove . 27 9 466 

Spencer . 70 10 419 

Gold Hill. 13 3 433 

Mount Ulla . 10 . . 447 

Salisbury, West Ward. no 6 468-472 

Salisbury, South Ward. 45 5 494 

Salisbury, North Ward.95 5 479 

Salisbury, East Ward. 100 i 497 

Morgan, No. i. 13 . . 484 

Hileg’s Mill . 20 . . 434-435 

Cleveland . 13 i 437 


Total . 518 40 

Iredell County 

Dem. Rep. Record 

Chambersburg . 5 i 77 

Statesville, Ward No. i. 50 . . 70 

Statesville, Ward No. 2. 23 .. 253-254 

Statesville, Ward No. 3. 148 12 265 

Statesville, Ward No. 4. loi 2 59 

F^llstown . 8 3 84-85 

Barringer . 12 i in 

Coddle Creek, No. i. 32 .. 121-127 

Coddle Creek, No. 2. 23 3 119 

Cool Springs. 20 6 159 

Shilo . 16 .. 142 

Bethany . 2 .. 147 

Olin . 3 I 118 






























36 


New Hope . 
Eagle Mills . 
Turnersburg 
Sharpsbiirg . 
Concord .... 
Union Grove 

Total . .. . 


3 ' 

I 

178 

9 

2 

196 

20 

4 

208 

18 

2 

216 

24 

4 

128-134 

6 

5 

188 

523 

47 




Stanly County 



Dem. 

Rep. 

Record 

Centre . 

. 4 


1399 

Badin . 

. 8 


1508-1510 

Albemarle, No, i. 

. 55 

20 

1521 

Albemarle, No. 2. 

. 27 

3 

1422-1431 

Total . 

. 94 

23 



Ashe County 



Dem. 

Rep. 

Record 

Grassy Creek .. 

. 17 

3 

652 

Chestnut Hill . 

. 27 

I 

655 

Clifton . 

. 15 

7 

668 

Horse Creek . 

. 31 

5 

674 

Walnut Hill . 

. 20 

5 

689 

Jefferson . 

. 53 

3 

697 

West Jefferson. 

. 13 

2 

703 

Pine Swamp . 

. 10 

4 

700 


Total 


186 30 


Caldwell County 


Dem. 

10 


Rep. 


Record 

522 


Little River 


2 
































37 


North Catawba. 

. 9 

I 

531 

North Lenoir . 

. 54 

6 

571-573 

South Lenoir . 

. 61 

10 

589 

Hudson . 


I 

581-582 

Mulberry . 


2 

583 

Gamewell . 

. 18 

6 

598 

Patterson . 


4 

600 

John’s River . 

. 9 

3 

596 

Globe . 

. 3 

0 

607 

King’s Creek. 

. 9 

I 

616 

Lower Creek . 

. 75 

25 

552-553 

Total . 

. 275 

61 



Lovelady Precinct cast lo (582) absentee votes, but it does 
not appear for whom they were cast. 


Grand total, five counties, Democratic . i>596 

Grand total, five counties. Republican . 201 

Democratic majority of absentee votes. i>395 


Lost, Concealed, Refused, and Misplaced Records 

Notwithstanding all election records, such as registration 
books, poll-books, returns, abstracts, and files, are public re¬ 
cords, and lawfully open to public inspection, yet, in numerous 
instances, the contestant’s friends were denied access to them, 
and not even permitted to take copies from them. This was 
particularly true of the registration books, which were so nec¬ 
essary to the supporters of the contestant in order that they 
might ascertain who had registered to vote, and for the pur¬ 
pose of obtaining the names of persons not properly registered 
in order that challenges might be made. Other public records 
were either denied them or withheld until they were useless 
for the purpose for which they were desired. 

A glance at the following citations in the record will show 
the character and extent of these unlawful methods, as well 



















38 


as give some insight into their effect upon the .contestant’s in¬ 
terests at the polls and in this contest. 

Stanly County 

J. W. Brown was refused inspection of registration books. 
(1498.) 

W. L. Campbell testifies as to absentee voters not being 
registered; certificates show they voted; records show they 
have been tampered with; Campbell does not take books from 
Courthouse, but across the hall from the Clerk’s Office, to the 
Register of Deeds’ Office. (1488.) 

C. J. Helms says names were added to registration book. 
(1488-89.) 

IL C. Troutman says the books were in office of Mr. Price, 
attorney for the contestee, on Wednesday or Thursday of 
week prior to hearing. (1489.) 

Will Lilly made numerous demands on registrar for copies 
of registration books, but was unable to get them until chal¬ 
lenge day, which was too late to make canvass of registrants 
of precinct to make challenges. (1501.) 

Crowell Poplin, Democratic Registrar. Tyson Township, 
failed to deposit poll books with Register of Deeds after elec¬ 
tion, as required by law. (1489.) 

John D. Heath, County Chairman Board of Elections: No 
absentee ballots or certificates returned to him after election. 
^35^7 i 35 i" 52 - 53 -) Never had copy of poll book. (1522.) 

J. A. Little, Democratic Clerk of Court: Did not deliver 
books to proper custodian, (1361) ; registration book of Albe¬ 
marle, Ward No. 2, shown by testimony to have been tampered 
with, was in office of Mr. Price prior to this hearing, (1362) ; 
book changed and names added, (1485-86-89); Register of 
Deeds reads law to Clerk of Court pertaining to custodianship 
of poll books; Clerk did not comply with this, (1363, 1364) ; 
does not know where poll book for Albemarle, Ward No. i, is, 
(1336); poll book for Ward No. i not found, (1493); poll 
books in Mr. Price’s office told next day name had been added; 







39 


Register of Deeds’ office just^ across the hall, (1098.) 

C. M. Sturky, Democratic Registrar: Refused Republicans 
ins])ection of books; was instructed to do so by John Boyatt; 
considered books private property. (1388, 1391.) 

J. C. Dunlap: Says absentee certificates were not returned; 
that ballots were destroyed; books were not returned accord¬ 
ing to law; had no difficulty in voting all voters in his precinct; 
it is largely Democratic; could have easily voted four or five 
hundred more. (1391, 1399-) 

J. D. Lee, Center Township: Was denied copies of regis¬ 
tration book by registfar; poll books were not in office of 
Clerk of Court. (1401.) 

R. G. Foreman: Registrar refused copies of registration 
books; tendered for copy. (1410.) 

W. S. Stokes, Democratic Registrar, Badin Township: Did 
not send in certificates and votes of absentees, as required by 
law. (1412, 1417.) 

D. R. Morrow put absentee ballots in box; certificates left 
and picked up later. (1427, 1430.) Ballots mixed. (805.) 
Voted. (1427, 1428.) 

H. C. Troutman: Took registration books to Democratic 
headquarters, allowing them to inspect them; Republicans were 
denied copies of these books until very short while prior to 
the election; that they paid for copies which were given them 
from Democratic headquarters; absentee certificates were not 
kept, but left at polling place; unable to tell how the absentee 
voters voted; would have known had the law been carried 
out and certificates and ballots kept; was ignorant of law; 
trouble on challenge day. (1420-27.) 

J. E. Hartsell: Carried registration books to Democratic 
headquarters to check up; Republicans had to consult an at¬ 
torney before they could get copies of books; considered books 
private property; would not vote T. M. Stanley and J. O. 
Honeysuckle, who were Republicans, on account of certificates; 
voted Democrats on same certificates; didn’t save ballots 
voted, (754) ; they voted 754 in this precinct, and could easily 
have voted more. 


40 


Rozvan County 

M. L. Barker, Register of Deeds, Rowan County: The 
registration books and poll books were not in the Register of 
Deeds’ office when he took charge, December i, 1920, but were 
in the vault of the County Treasurer, (422) ; that the register 
is the proper custodian; that no absentee ballots or accompany¬ 
ing certificates, with the exception of a small number found in 
the China Grove book were delivered to him. 

J. D. Lee: Register of Deeds refused to allow conlesiant 
to copy records. (1250.) 

M. L. Barker, Register of Deeds of Rowan County: Re¬ 
fused to allow the registration and poll books of County to 
be impounded after request of contestant’s attorneys for same, 
so that they could be subject to call of House Committee on 
Elections. (1257.) 

J. F. McCubbins, Clerk of the Superior Court of Rowan 
County: Says that no absentee ballots or certificates were 
returned to his office after the election. (406.) 

Iredell County 

Republicans refused copy of registration book. (46-47.) 

Inability to get copy of registration books. (58.) 

Inability to get copy of registration books; registrar says 
they are not open for general inspection; considers them pri¬ 
vate property. (87.) 

All the Canvassing Board of Iredell County was composed 
of Democrats. (89.) 

No absentee certificates returned, as required by law. (129.) 

Registrar failed to appear at polling place Saturday prior to 
the election, which was challenge day. (136-37.) 

Certificates and absentee ballots not sealed and returned as 
required by law; two instances. (139, 159.) 

There was a subpoena duces tecum for John G. Lewis, 
Chairman County Board of Elections, commanding him to 


41 


produce certain records, which he failed to produce. See 
subpoena. (163.) 

Failed to return certificates, etc., of absentees; two in¬ 
stances. ( 188-T95.) 

Registrar refused Republicans copy of the registration 
books, but allowed the Democrats to inspect them anytime they 
chose. (262-65.) 

Registrar, Statesville, Word No. 3, did not make due return 
of certificates of the absentee vote, as required by law. See for¬ 
mal demand for some. (265-66.) 

Republicans refused copy of registration book. (273.) 

Conduct of ofificials in not allowing Republicans to get 
proper registration books. (273.) See motion as to impound¬ 
ing records of Statesville, Ward No. 3. (375. ) 

F'urther evidence as to motion and records referred to. 

( 39 I-) 

Republicans had no access to records. (829.) 

Caldwell County 

John AL Crisp, Register of Deeds: No certificates or bal¬ 
lots of absentee voters were returned to him after the election, 
by the county board of elections, nor by the registrar; Mr. 
Starnes did not get Lower Creek poll books; there was no re¬ 
port from Wilsons Creek precinct. See election law, (521); 
Lower Creek poll books never returned to his ofifice; Starnes 
made request for Lower Creek books and they were not- to be 
found in his ofifice; there was a Democratic registrar in this 
precinct; returns do not show who voted, (554); made dili¬ 
gent search for records and books but was unable to find 
them, (555 ); Doughton’s majority in Lower Creek precinct, 

138. (521.) 

Russell Presnell subpoenicd but failed to appear to testify. 
(620.) 

Felix Downs: No certificates nor ballots of absentee voters 
returned from the precinct of which he was registrar, (524) : 
the names were on the ballots of these absentees. (585.) 


42 


W. C. Moore, Jr.: Don't know how vote stood in Wilsons 
Creek precinct; this precinct was not counted by the Canvass¬ 
ing Board. (525.) 

W. L. Minnish, Chairman County Board of Elections: Has 
no record of absentee votes registered by him and after dili¬ 
gent search, can not find any, (526) ; registration books could 
not be found for Richland precinct. (956.) 

A. W. Dula : Did not keep record of absentee voters. (544.) 

J. W. Hollifield: Has never had access to poll books of 
Lower Creek precinct, (558) ; poll books have never been in 
office of Register of Deeds. (521- ) 

E. H. Smith, Republican judge. North Lenoir precinct: Did 
not sign election returns because of irregularities. (571-2-3.) 

J. A. Bush, registrar. North Lenoir: Did not mark absen¬ 
tee registrants on his registration book as having registered be¬ 
fore Chairman County Board of Elections; made no return 
of ballots or certificates of ab.sentee voters; neither did he pre¬ 
serve them; the box in which they voted was not sealed, ac¬ 
cording to law. (560-61.) 

C. A. Teague, registrar. Granite Falls precinct: ]Made no 
return of absentee certificates or ballots; denied Republicans 
copy of poll books: tendered blank poll book; he was petition¬ 
ed by Republicans to let them have copy of the registration 
book, which petition was refused upon instructions from the 
Chairman of County Board of Elections ; Republicans were 
later allowed to copy books themselves, but had to pay a charge 
of $4 per hour to the registrar for time taken to copy names. 
( 573 - 77 -) 

D. M. Cline: Made demand on registrar of Granite Falls 
precinct for copy of registration book and offered to pay for 
it; registrar went to Lenoir and got advice from county chair¬ 
man and was again refused; when shown the law regarding 
the right of persons to have copy of book, he promised to per¬ 
mit the Republicans to copy it; later refused to do this; petition 
was gotten up among the Republicans upon which 102 names 
appeared. (577-80.) 

J. R. Coley, registrar Mulberry precinct: Made no return 



43 


of absentee certificates or ballots. (583.) 

J. B. Grogg, registrar Jones River precinct: Made no re¬ 
turn ot absentee certificates or ballots. (596-597.) 

Shuler Messick, registrar Patterson precinct: Received list 
of absentee registrants who registered before the chairman of 
the county board of elections, which was written out on a card 
and was not certified; made no return of absentee certificates 
and ballots. (600-01.) 

D. F. Grist: Made no return of absentee certificates or bal¬ 
lots from the precinct for which he was registrar, and refused 
to produce the same. See statement of counsel for contestant, 
606, (602-03.) 

Todd L. Cash: Made no return of absentee ballots or cer¬ 
tificates. (607.) 

C. J. Dobbins, registrar Richland precinct: Says chairman 
of the county board of elections sent him the wront book and 
three or four other books with which he was expected to carry 
out his ofificial duties. (615.) 

Ashe County 

M. C. Roard, Registrar of Deeds, Ashe County: That the 
poll and registration books for Clifton precinct have never 
been returned to his office; that no absentee certificates or bal¬ 
lots were returned to his office. (622.) 

Bob May, registrar Piney Creek precinct, refused copy of 
registration books. (647.) 

Unlawful Registration Methods 

All the registrars of election in the district, with possibly 
one or two exceptions, were Democrats and partisans of the 
contestee. Under the law, they possess large and important 
executive and judicial power and discretion. All issues relat¬ 
ing to the qualifications of voters are primarily determined b\ 
them at the time of registration, such as age, residence, educa¬ 
tional qualification, payment of poll-tax, etc., and the record 


44 


shows that they not only generally resolved all doubtful ques¬ 
tions in favor of the contestees party, but denied many lawful 
rights to the voters of the contestant s party, and besides used 
their positions to further the interests of the contestees s pai ty 
candidates, including the contestee. 

Official partialities and discriminations were shown, in many 
instances, by registrars’ leaving the polling places and going 
through the precincts, hunting up and singling out Democratic 
men and women and registering them, thus insuring their regis¬ 
tration, and sparing them the time and expense of a trip to the 
polling-place, while Republican men and women were not only 
not thus waited upon, but were passed by and refused registra¬ 
tion ; by unlawfully demanding fees in challenge cases; tests 
more rigid and exacting were applied to Republicans than to 
Democrats; in Iredell County, the Chairman of the County 
Board of Elections journeyed all the way to Washington, D. 
C., where he had no lawful jurisdiction whatever, to register 
so-called absent voters who were the friends and partisans of 
the contestee, but none of whom were lawful voters in the State 
of North Carolina; by denying the right of inspection of the 
registration books to Republicans so they could see who of their 
number had or had not registered, and could know when and 
how to challenge unlawful registrants; and in sundry other 
ways partially and discriminately aided the interests of the 
contestee, and delayed, hindered, and prevented the interests 
of the contestant; in Ashe County, the educational test was ap¬ 
plied to Republican voters and not to Democratic voters; and 
in Republican precincts it was applied, while it was omitted in 
Democratic precincts. On these points the following extracts 
and citations from the record speak for themselves: 

Rowan County 

L. B. Kerr: bdeming. Democratic registrar, Bradshaw pre¬ 
cinct, made a house to house canvass to register Democrats 
and refused to register his (Kerr’s) wife, when he asked him 
to when in that vicinity, (430.) 





45 


J. H. Hobson, Republican judge, Cleveland Precinct: Demo¬ 
cratic registrar made a house to house canvass to register 
Democratic women, but made no efifort to register Republican 
women. (477.) 

J. A. Gaskey: The Democratic registrar, on his rounds, 
registered him but later erased his name when he found he 
was going to vote the Republican ticket. (483-4.) 

Fleming, Democratic registrar, testifies that he made a can¬ 
vass. for the purpose of registering voters. (1030.) 

J. M. Houston: The Democratic registrar at Mt. Ulla pre¬ 
cinct, sent a substitute to register an illiterate woman, and sent 
for her on election morning before daylight. (504-5.) 

P. C. Lentz: Woman was registered after the registration 
books closed, (510) ; she votea. (509.) 

Ford, Democratic registrar, admits he kept no poll book, 
but checked names and made it up afterward. (1033-34.) 

W. A. Hall: Thirteen women were refused registration in 
his precinct, for various reasons; he believed them qualified. 
( 439 -) 

Mrs. W. A. Hall says the registrar in her precinct would 
apply the educational test to some applicants and not to others. 
(440-41.) 

Athey: That registrar, just referred to, refused to register 
him in the general election, but did register him a few weeks 
later for a special school tax election. (441-42.) 

C. L. Coggin: Voter was given transfer to another pre¬ 
cinct on election day. (1058.) 

H. Glover: Democratic registrar; received transfer referred 
to by preceding witness, and voter was allowed to vote. (1058.) 

E. H. Bean: Number of absentees voted in North Ward 
precinct without having registered, (1220-26) ; men sixty and 
eighty years of age were challenged by the contestee. (1222.) 

J. D. Dorsett, Republican poll-holder, gives reason why no 
voters were challenged prior to the election; that the last time 
he challenged voters, a fee was exacted and the expense was 
too heavy. (417*) 

J. E. Crowell: Says that W. L. Harris, registrar China 


46 


Grove precinct, told him he had instructions from the County 
Chairman of the board of elections to collect a dollar for each 
person challenged. (468. ) 

H. S. Bostian testified to this, and says that in consequence 
of this demand, there were no challenges. (466.) 

T. M. Winecofif, Republican poll-holder: He and others 
challenged 325 names in 1918; demand was made on them for 
60 cents per name and the matter was dropped; he therefore 
made no efifort to challenge in 1920. (472-) 

W. L. Harris, Democratic registrar, China Grove precinct: 
Admits that he was instructed by one “higher up“ to charge a 
fee of one dollar for each name challenged, but refused to give 
his authority. (1009.) 

J. D. Lee: Gives list of names regarding which he says he 
has examined registration books and poll books, and finds that 
they have not registered, as their names appear on poll books; 
beginning with Helen Dorton, P. Lynn Cruse, Katie Coddell, 
he names a total of 253 names falling in this class. (1250-52.) 

Iredell County 

As to conduct of registrar. (51.) 

Names of Democrats put on registration books after time 
for closing same. (57, 58, 64-5-6.) 

Registering away from regular registration place. (69.) 

L. O. White made trips around over the precinct for which 
he was registrar, on instVuctions from Democratic officials; on 
these trips he did not stop at Republican and Democratic homes 
impartially. (76-7.) 

The registrar from Falls Town precinct traveled over his 
township seven days registering Democrats, (83.) 

As to passing by Republicans when on these trips registering 
voters. (109-10.) 

Failure to register Republicans. (113.) 

The Republicans who registered in one precinct numbered 
200, out of which only one was registered by the registrar 
when making trips over the township. (113.) 





47 


As to passing by Republicans without registering them. 

(113-14.) 

As to conduct of registrar of Mooresville precinct No. 2. 
(115-121.) 

J. F. Fairchilds, registrar Coddle Creek, registered about 50 
Democrats away from polling place on his trips to the country, 
but no Republicans. (121-22.) 

Registrar failed and refused to stop for the purpose of 
registering Republican woman who was sick; this woman did 
not get to vote for this reason; other discriminations. (134-5.) 

Registrars put names of Democratic voters on registration 
books upon the request of other people; appears that people 
registered who never made personal appearance before regis¬ 
trar. (140.) 

J. R. Ham says the registrar in his precinct was not at the 
polling place to register applicants on several occasions. (158.) 

Registrar registers voters who did not personally appear be¬ 
fore him and upon request of other people. (169-70.) 

Partiality and discrimination in registering. (173-176.) 

Registrar' not sworn. (176.) 

Registered voters after period for registration had passed, 
and after time books should have been closed; the registrar 
failed to transcribe Republican names from old registration 
book to new registration book, thereby causing loss of votes. 

(183-4.) 

Registrar uncertain as to whether he or other pollholders 
were sworn. (185-6.) 

On trips away from regular polling place, registered about 
25 Democrats and four or five Republicans. (187.) 

Registrar refuses to register applicants. (190.) 

Poll qualification omitted in registering applicants. (193.) 

Discrimination in registering. (193-4-5.) 

Registrar not sworn. (194-5.) 

No poll qualifications required by registrar when registering 
applicants; there were 125 or 150 of these. (203.) 

Registrar on his trips away from regular polling place regis¬ 
tered 61 out of 50 were Democrats and ii Republicans. (204.) 


Registrar on trips away from polling place registered about 
30 Democrats and no Republicans. (213-14.) 

Registrar asked to make trip to Republican homes and re¬ 
fuses to do so. ( 2 t8. ) 

Registrar admits that the Republicans in his precinct did 
not have an aqual chance to register with the Democrats. 
(220.) 

Ozell Lewis, who is a resident of Washington, D. C., writes 
letter to one of her friends after John G. Lewis, Chairman 
County Board of Elections, Iredell County, had been to Wash¬ 
ington, in which she stated that she was not going to vote and 
that she had not registered, and did not intend to do so; regis¬ 
tration books show her registered by the County Board of 
Elections, of which John G. Lewis was Chairman. (258-9.) 

Registrar did not qualify 700 applicants as to poll-tax. (260.) 

Registrar made trips over his precinct, taking with him other 
Democratic workers for the purpose of registering Democrats. 
(261.) 

Registrar registers Democrats without seeing or administer¬ 
ing oath to them. (292.) Disclose ir illegal votes. 

Stanly County 

W. L. Mann says that all precincts with the exception of 
Eurr and Big Lick were able to vote; had complete list of 
registrants at Democratic headquarters; they received weekly 
from the registrars in the different townships. (1095.) 

W. W. Tolbert, Democratic registrar. Ward No. i: Went 
throughout precinct to register voters, accompanied by Demo¬ 
cratic candidate; registered no Republicans; made trips at 
night; took registration book to Democratic headquarters; re¬ 
fused to allow the Republican judge a clerk on election day. 
See J. W. Brown’s evidence as to refusal to let him serve as 
clerk, (1498); voted 1000 in his precinct, which was heavily 
Democratic. Poll books not signed. (1490-1493.) 

Richard Hill failed to go to Republicans to register them 
when requested. (1493.) 


49 


J. P. Layden was requested on several occasions to go to 
Republicans away from polling place for the purpose of regis¬ 
tering them, but refused to do so. (1494.) 

Crowell Poplin, Democratic registrar, Tyson Township: 
Made trips around over Township, registering voters; regis¬ 
tered 50 in this manner, out of which only 3 or 4 were Repub¬ 
licans ; was accompanied on these trips by Democratic candi¬ 
dates. (1489.) 

John D. Heath, County Chairman Board of Elections, regis¬ 
tered part of the absentee voters; does not recall whether all 
registrants were sworn or not. (1350-51-52-53.) 

J. C. Dunlap, Democratic registrar, Center Township, regis¬ 
tered voters away from regular registering place, accompanied 
on these trips by Democratic candidates and other Democrats; 
passed by Republican homes and did not register votes; regis¬ 
tered groups of Democrats, and only one Republican while 
making these trips; among the Republicans he passed on his 
trips and failed to register, are Mrs. Ford, Aderholt, Mabry 
and others. (1391, 1399. ) 

H. C. Troutman did not see personally all the registrants 
whom he registered. (1420-1427.) 

J. D. Hartsell, registrar, Albemarle Ward No. 3, made trips 
over ward registering voters. (1522, 1528.) 

Caldivell County 

Felix Downs, registrar Little River precinct; Made trips 
away from regular polling places; registered 20 or 25 in this 
manner, out of which there were only 3 or 4 Republicans; re¬ 
fused to register Republicans when requested to do so; refused 
registration to several people who were qualified as to literacy 
test. (522-24.) 

Rome Kaylor, registrar North Catawba precinct: Made 

trips away from regular polling place for purpose of register¬ 
ing Democratic voters; accompanied on these trips by Demo¬ 
cratic deputy sheriff. ( 52 ^" 533 -) 

Austin Russell: Registrar tore up card of a Republican 


50 


voter because it did not suit him; Democrat was allowed to 
register on day of election; refused to register Republicans 
when requested to do so. (556.) 

E. H. Smith: Used cards in registering Mrs. Cruse. 
( 57 I- 3 -) 

J. A. Bush, registrar North Lenoir Precinct; Says a card 
system was used to register voters; that these cards were car¬ 
ried around by registrar and upon application of any person, 
he would place his name on one of these cards, and later trans¬ 
fer it to his registration book; that he knows of no other use 
for which these cards were employed. (562.) 

Dorothy Chester: Wrote her name on a card; when she 
went to vote her name was not on the registration book; she 
is a Republican. (569. ) 

Owen Hartley: Registered on a card; did not see the regis¬ 
trar at all; his vote was cast illegally and was Democratic. 

(565.) 

Edna Holman: Registered on a card; signed her name on 
it but was denied right to vote Republican ticket. (570. ) 

As to Soldiers Refused Registration. (567-68.) 

H. S. Whisnant: Was told by a registrar that he was get¬ 
ting pay from Democrats for going around registering them 
and would work for Republicans for pay; says that this regis¬ 
trar made manv trips away from his regular registration place. 
(S68.) 

C. A. Teague, registrar Granite Falls: Was absent from 
his duties one-half day; went out over precinct registering 
voters. ( 573-770 

G. E, Bush, registrar Hudson Township: Went away from 
regular registration place to register voters. (581-2.) 

T. A. Holman; Says wife registered on card and card was 
destroyed because it didn’t suit the registrar, thereby causing 
her, a Republican, to lose her vote. (585.) 

Tom Whisnant: Was voted Democratic and name not on 
registration book. (587.) 

John M. Crump: Used cards in registering; does not know 
who provided the cards. (597-98.) 



51 


D. F. Grist, registrar South Lenoir: Used cards in regis¬ 
tering voters and made trips away from regular registering 
place for purpose of registering voters. (602-06.) 


Ashe County 

J. A. Pierce, registrar, Grassy Creek Precinct: Admitted.he 
registered two Democratic women to whom he did not apply 
educational test, (627) ; also admitted that in canvass to regis¬ 
ter prospective voters he was looking for Democrats rather 
than Republicans, (629) ; would not admit that as many as ten 
Democratic women came to the polling place to register; yet 
the Democratic vote in this precinct was 123, (628) ; also ad¬ 
mits he received extra compensation from unknown Demo¬ 
crats for activity in registering voters. (830-31.) 

Miss Jennie Field says she wrote out the evidence of H. PI. 
Burgess, who was a registrar, and who was tried about some- 
thing concerning the election on P'ebruary 26, 1921 ; that he 
stated during the trial that he went about over his precinct 
registering Democratic women; that he registered no more 
than six at the regular registration place; that he did not intend 
to register any Republican women away from the polling place; 
that he did not turn down any Democratic women who present¬ 
ed themselves for registration. (635-36.) 

Juanis Faw: Was only asked to write her name and post ' 
office address. Registrar did not ask her to read. (642-43.) 

W. A. Brooks, Republican poll-holder, says 14 or 16 Repub¬ 
licans were turned down by the registrar in Piney Creek pre¬ 
cinct. (650.) 

Phipps says in Grassy Creek Township 5 people were denied 
registration who would have voted Republican ticket. (652.) 

Floyd Phipps says W. B. McMillans name was placed on 
book election day and that he was allowed to vote. (655.) 

J. F. Stanley says that Cleve Miller, registrar for Laurel 
precinct, was so partial in his registration methods that it was 
necessary for him to have a crowd to protect him. (659.) 


52 


Hiram Phillips, minister: As to partiality of Democratic 
registrar. (684-85.) 

J. O. Hardin, Oldfield Township, says the registrar refused 
to register 18 Republican women, on account of education test; 
that he did not refuse any Democratic women, and registered 
a great many who could not read and write. (713-14.) 

Dr. Manly Blevins: He has been a practicing physician in 
Ashe County 38 years; knows conditions and says that if the 
registrars had not discriminated against the Republicans, they 
would have carried the County. (1554-55.) 

Forty-six names of Democratic voters appear on West Jef¬ 
ferson poll book as having voted and are not on the registra¬ 
tion book for that precinct. (1564-65.) 

Record shows that in strong Republican precincts all quali¬ 
fications, education and otherwise, were strictly enforced; that 
in strong Democratic precincts, they were not. (1582.) 

Sixty-four Republicans turned down by registrar in Laurel 
precinct, and no Democrats, (658-661); this registrar subpoe¬ 
naed to appear to testify, but failed to appear. (658.) 

J. O. Hardin: Says 18 Republican women were refused 
registration on account of education test, but no Democratic 
women. (713.) 

David Eller, Republican judge, Clifton precinct: Says 85 
Republicans and 15 Democrats did not vote in that precinct; 
that it was formerly Republican precinct, and is now Demo¬ 
cratic. (668.) 

Monroe Welch, Republican poll-holder, says that between 
50 and 100 Republican women in Horse Creek precinct fail¬ 
ed, for different reasons to become voters. (674-75.) 

J. M. Tucker, says in Peak Creek precinct, 13 Democrats 
were challenged but were allowed by officials to vote Demo¬ 
cratic ticket; 10 or ii of these had not paid their poll tax. 
(Ri557.) 


Miscellaneous 


Not included under the previous heads, there may be found 





53 


throughout the record groups and individual instances of what 
appear to be illegal votes, and which seem to have been cast 
for the contestee. Some of these relate to one or more of the 
classes already discussed, while others belong to dififerent 
groups, or constitute separate, individual instances. There is 
also further exposition of some of the unlawful election meth¬ 
ods used.- 

Reference is made to them generally by merely citing the 
record, but in some instances the testimony is briefly summar¬ 
ized. 


RoTcaii County 

W. M. Sapp: M. A. Shank, who for years has been Demo¬ 
cratic registrar in North Ward precinct, denounced election 
laws of the State, and said they were not “going by them". 
(1238.) 

Republican poll-holder refused a clerk. (1195, 96, 98.) 

T. M. Winecofif, Republican poll holder. West Ward precinct: 
Did mot sign returns from precinct, where 1342 votes were cast, 
on account of illegal methods and illegal votes cast. (1472.) 

Permanent residents of District of Columbia permitted to 
vote. (431,492.) 

Two Republican Congressional ballots thrown out because 
they had check marks upon them. (472.) 

E. H. Bean: Persons indicted for not listing taxes in 1920; 
their names appear on the poll list, yet they can not be located, 
(1224) ; says the industrial depression, especially among rail¬ 
road men, during the fall and winter, caused scores to leave 
the county, making it impossible to ascertain how they voted, 
and if they did or did not pay their poll tax, in other precincts 
of county. (1220-27.) 

Sheriff of Rowan County: Can only testify that a person 
did or did not pay his poll tax in the precinct in which he voted ; 
it is possible for him to have paid in other precinct of county 
and yet be a legal voter, (1010, 101.7, 1024, 1025) ; is not cer¬ 
tain as to correctness of certified poll tax list. (999.) 


54 


H. S. Bostian exhibits envelope in which Democratic absen¬ 
tee vote of Charles D. Bostian was received; envelope was 
postmarked “Winston-Salem Railway Post Office,” which does 
not reach or touch Morganton, North Carolina, where Charles 
D. Bostian was at that time confined in insane asylum. (466.) 

W. L. Cotton’s absentee ballot was presented in Rowan Coun¬ 
ty ; his evidence in Stanly County shown he had nothing what¬ 
soever to do with it. ( 498, 502. ) 

J. D. Lee: Not allowed to get copies for contestant from 
office of Register of Deeds. (1250.) 

Books admitted as part of record, but not permitted to be 
used for that purpose. (1257.) 

Voted, not legally registered: 

Livegood, (504) ; Bogg, (509)- 

Voted absentee outside Salisbury township, people who were 
near polls election day, and no disability certificates accompan¬ 
ied ballots ; 4 of these, (425 ) ; 2 without disability certificates, 
and who lived a very short distance from polling place, (431, 
432); eighteen Democratic absentee votes were cast: certifi¬ 
cates of these did not state whether for Republicans or Demo¬ 
crats, but were voted Democratic, (434); 12 more of same 
class, (437 ) ; 3 more of same class, (503): 2 more of same 
class. (507). 


Unregistered Women Who Voted 

Beginning with Miss Ellen Dorton, and 161 names follow¬ 
ing. (1251-52.) 

Men Who Voted and Were Not Registered 

Ninety-one names in this list. See pages 1251, 1252. 

Voted As Absentees In Salisbury Township 

Seventy in Spencer, (419) ; j 10 in West Ward, (468, 1218) ; 
45 in South Ward, (497) ; 90 North Ward, (497, 1212) ; 90 









55 


in East Ward, (,497) ; making a total of 405 in this township, 
out of which only 170 could be accounted for in the lists sub¬ 
mitted. This leaves 235 that could not be identified as absen¬ 
tee voters, on account of the destruction of the absentee bal¬ 
lots, certificates, and envelopes. 

Iredell County 

Challenges made by Republicans were not observed by Demo¬ 
cratic ofhicials, (270) ; Mrs. George Anderson voted Demo¬ 
cratic as absentee, and also voted Democratic ticket in person, 
(271) ; Miss Ruby Fraley voted Democratic absentee in States¬ 
ville, Ward No. 3, and voted in person, Statesville, Ward No. 

I; J. H. Finley voted Democratic in Statesville, Ward No. i 
and No. 3; he was a non-resident and not entitled to vote at 
all, (271) ; J. ]\I. Finley voted Democratic in Statesville, Ward 
No. I and No. 3 ; was a non-resident and had no right to vote 
at all, (271. ) 

Lim Litaker voted Democratic ticket in two wards. 

Instance of Democrats being allowed to vote out of the wards 
in which they live ; Republicans denied the same privilege, 
(272.) 

L. T. Queen voted Democratic, both absentee and in person. 
(272.) 

Further evidence as to J. H. Finley voting Democratic 
ticket twice when he had no right to vote at all. ( 292-93-94.) 

As to exemptions from poll tax by County Commissioners. 
(313-14, 316.) 

On election day, Hon. Austin D. Watts delayed the opening 
of the polls in Shiloh township by addressing the crowd. (145.) 

Bud Myers, a Republican under indictment, voted for con- 
testee, because he was told it would be made lighter for him. 
(201-03.) 

It appears from evidence that several absentee tickets which 
were used in the primary election held June 5, 1920, were used 
again at the general election by erasing “June 5“ and substitut¬ 
ing ‘‘November 2 "; no one seems to know who made these 


56 


erasures, but they were Democratic votes. (207, 215.) 

As to Democrats voting after polls closed and after the 
count had begun. (222. ) 

Roy Tilley voted Democratic ticket, although under 21. 

Absentee certificates not preserved. 

E. E. Little was not old enough to vote, but voted at the 
instance of M. P. Alexander, the Democratic Sheriff, and 
other Democrats; he voted Democratic ticket. (236-37.) 

Republican judge in Statesville, Ward No. 3, did not sign 
part of the election returns on account of so many irregulari¬ 
ties. (240-41.) 

W. A. Mesner voted Democratic in person and also as ab¬ 
sentee. (254.) 

At Statesville, Ward No. 3, the voting began before the Re¬ 
publican judge arrived. (269.) See list of names subpoenaed 
to appear in behalf of contestant and who failed to appear. 
( 374 -) 

Further evidence of W. A. Alesner’s having voted Demo¬ 
cratic as absentee and in person. (374.) 

Mrs. W. A. ]\Iesner voted Democratic absentee; no excuse 
for not attending polls in person. (374, 254.) 

Impossible to get poll books of 3rd ward precinct in record. 
Books locked up in office of Clerk of Court. (1308.) 

No certificates of result of election in precincts of Iredell 
County. (1307.) 


Stanly County 

W. L. Cotton says he did not send absentee vote to Salisbury. 
(1517) ; one there for him. (501, 498. ) 

Will Hinson says in his township Campbell received less than 
ten per cent of the absentee votes. 

J. W. Brown: Inspected poll books of South Albemarle 
precinct and found names of 12 voters who were not register¬ 
ed. (1550.) 

Registration books from Centre precinct not returned until 
February 24, 1921. (1362.) Books from Furr and Big Lick 


57 


offered by contestant. Contestee objects. (1549.) 

The following voted for contestee, but had not paid poll tax, 
were non-residents, or both, or were otherwise disqualified: 
Charles Swaringen. (1501, 1503 and 1403.) 

Dunlap Hathcock. ( 1403, and 1503, 1535, 1536.) 

Adrs. Dunlap Hathcock. (1403, 1503.) 

M. V. Lowder. (1403, 1503, 1532, 1403.) 

S. J. Smith. (1121.) 

A. B. Caple. (1414, 1495, 1508.) 

Mrs. A. B. Caple. (1414, 1495, 1508. ) 

Wade Russell. (1414, 1508, 1108.) 

Airs. Wade Russell. (1414. 1508.) 

J. AI. Arnett. (1414, 1508. ) 

Louise Everett. (1511.) 

H. W. King. (1509, 1512.) 

W. H. King. (1509, 1512.) 

R. C. Roberts. (1527, 1536.) 

• H. Bunn. (1518, 1535.) 

A. P. Roberts. (1427, 1529, 1530, 1537, 1535. ) 

G. M. Lefler. (1519.) 

Walter J. Barbee. (1427. 1529. i 535 -) 

Jim Andrews. (1423^ 1427? 1485. 1518, 1535 -) 

John Knabe. (1427- I 535 » 1423^ i486, 1423.) 

Annie Springer. (1494.) 

Airs. E. P. Gamewell. (1509, 1515-16.) 

E. P. Gamewell. (1508.) 

C. J. Haynes. (1509, 1514, I 5 i 5 -) 

Mrs. C. J. Haynes. (1509, 1515, I 534 -) 

The Calloway Boys. (1520.) 

Wiley Davis. (1535, 1528, 1521.) 

Z. V. Alorten. (i 427 » i486, 1535, 1423- ) 

T. D. Reeves, (i486, 1423*) 

V. D. Reeves, (i486, 142a) 

Carl Roach. (1428, 1528.) 

L. A. Losing. (1423,1527. ) 

M. V. Simmons. (1423^ i 535 ^ 1485. 1489-) 

W. C. Alauldin. (1423, 1428, 1435 -) 


58 


P. R. Davis. (1427.) 

E. D. Price. (1427, 1522.) 

W. F. Rampey. (1417, 1427, 1428, 1535, 1489.) 
William A. Calloway. (1427, 1428, 1354, i486.) 
W. A. Calloway. (1427, 1428, 1354, i486.) 

J. L. Moser. (1428,1535.) 

T. A'. Daley. (1428, 1530, 1535.) 

M. A. Lowder. (1428, 1519, 1529.) 

Ussery Dale. ( i486, 1518, 1535.) 

Nettie Cranford, ( i486, 1487.) 

J. F. Doby. (1487. ) 

William B. Haire. (1487.) 

W. B. Disk. (1487.) 

L. S. Barbee. (1487, 1489, 1517, 1535, 1489.) 
Houston Hathcock. (1494, 1535.) 

Glide M. Cooper. (1495.) 

Mr. and i\Jrs. I. W. Goodman. (1495. ) 

C. C. Cox. (1495, 1496.) 

Robert L. Byrd. (1496.) 

J. S. Hatley. (1496.) 

Sam Morton. (1500.) 

Airs. McSwain. (1500.) 

Arthur Penninger. (1505.) 

Mrs. Arthur Penninger. (1505. ; 

Horace Ritchey. (1507.) 

R. D. Ritchey. (1506.) 

W. H. Layden. (1508, 1513.) 

T. Baxter Lilley. (1112, 1508.) 

E. L. Wilson. ('1508, 1535.) 

T. W. Belk. (1509, 1132, 1535.) 

J. H. Smith. (1509.1513.1535-) 

Mrs. B. S. Lyles. (1513, 1509.) 

E. M. Morgan. (1512, I5i3-f4.) 

Airs. E. AI. Alorgan. ( 1512-13-14.) 

T. P. Efird. (1509,1514.1535-) 

J. T. Coggin. (1514,1535.) 

H. A. Lilley. (1514,1535.) 





59 


H. J. Smith. (1514, 1535, 1115.) 

S. Austin. (1534.) 

D. A. Williams . (1514, 1535.) 

VV. G. Biles. (1514, 1535. ) 

H. O. Dink. (1514,1535.) 

•S. F. Diinnaway. (1534, 1538. ) 

L. J. Greer. (1515, 1535. ) 

O. G. Southern. (1514, 1535.) 

C. W. Mauldin. ( 1585, 1523.) 

M. P. Love. 

J. W. Frazier. (1508, 1513, 1414.) 

M. L. Troutman. (1423, 1427.) 

C. A. Nance. (1535, 1428, 1425.) 

J. D. Smith. (1487.) 

J. F. Crowell. (1487.) 

Till Fesperman. (1496.) 

P. C. Baumgarner. (1508.) 

B. S. Ventros. 

G. C. Trusdale. (1514.) 

J. F. Lyerly. 

Mrs. B. H. Roe. 

Airs. Jane Blake. (1546, 1547.) 

Adeline Thompson. (1546, 1547.) 

Frank Erwin. (1416.) 

C. P. Baumgarner. (1508, 1413.) 

M. L. Troutman. (1425, 1427.) 

A. P. Roberts. (1529.) Certificate exhibited. (1530.) 
Martin Blalock. (1548. ) Palmerville precinct. 

Caldzi^ell County 

Felix Downs, registrar Little River precinct: Out of 10 ab¬ 
sentee votes cast there, only 2 or 3 were Republican. (522-24.) 

W. L. Evans: Officials voted persons who were challenged, 
as if nothing had been said; predicts bloodshed if these tactics 
are further practiced, (534-35) ; absentee votes were not ac¬ 
companied by doctor’s certificates. (544.) 


6o 


J. W. Hollifield: There was no need of challenging Demo¬ 
crats, as these challenges were always overruled by the of¬ 
ficials, who were in the majority. (558.) 

E. H. Smith, Republican judge, North Lenoir: Of 60 ab¬ 
sentee votes cast, only 6 were Republican. (571-73.) 

Lower Creek registration books not returned to Register of 
Deeds. (521, 554, 558, 621.) 

Registrar Russell Presnell: (620.) 

G. Z. ]>ush, registrar Hudson Township: Says out of 13 
absentee votes only i was for Campbell. (581-2.) 

J. J. Roberts: Says absentee votes of Laura Sykes and Mrs. 
Gail were not voted nor counted because they had not come 
through mail; these are Republican voters; these ballots had 
the names of voter's on the back. (584. ) 

N. L. Gilliland: Republican judge: Out of 71 absentee 
votes, only 10 were Republican. (587-94.) 

John M. Crump, registrar: Out of 23 or 24 absentees, only 
6 Republicans. (597-8.) 

Shulor Messick, registrar Patterson precinct: Out of 15 ab¬ 
sentees, Campbell received less than one-third. (600-01. ) 

D. F. Grist, registrar South Lenoir: 71 absentee votes cast 
at ratio of 5 for Doughton to i for Campbell. (606-06.) 

Todd L. Cash. Democratic registrar Globe precinct: Absen¬ 
tee vote cast was unanimously Democratic. 

J. T. Tolbert: Says 2 Republican absentee votes were not 
counted because they had gone through too many hands. (964,) 

Doris Smith : ♦ Democratic absentee voted ; this absentee 
vote went through several hands before it reached the registrar, 
but was duly counted. See conflict of methods as per preced¬ 
ing witness. (953.) 

List of absentees and present votes which appear to have 
been cast for contestee, and which are illegal on account of 
non-payment of ]wll tax, non-residence, or both, or other dis¬ 
qualifications : 

Wesley Kaylor. (541-=134, and 991.) 

Mrs. Wesley Kaylor. ( 531-534, 991.) 






6i 


Albert Kaylor. (.531-34, 99I- ) 

Miss Beulah Kaylor. (531-34, 991.) 

Lloyd Smith. (531-34.) 

T. W. Childers. (531-34, 991.) 

Mrs. T. W. Childers. (531-34, 991.) 

Susie Fuller. (538-39, 548, 550, 992.) 
Lizzie F. Pickett. (538-39, 550.) 

Josie Caler. (539, 585.) 

W. A. Harrison. (540, 967.) 

Florence Boyd. (540, 964.) 

Lizzie Fuller. (548, 550, 992.) 

Jones Powell. (550, 585.) 

Agie Moore. (569, 571.) 

Tom Whisnant. (586.) 

Fred Prestwood. (588.) 

James Ray Martin. (589, 595, 954, 966.) 

D. A. Smith. (589, 953.) 

Robert Tuttle. (589, 959.) 

Mrs. Robert Tuttle. (589, 959.) 

E. D. Holman. (589.) 

E. J. Harbison. (589.) 

C. L. Johnson. (589, 961.) 

Spurgeon (or Benson) Tuttle. (590, 958.) 
J. W. Grist. (590.) 

J. M. Bush. (590, 595, 949.) 

Eugene P. Jones. ( 590.) 

R. E. Harris. (590.) 

Emma Hickerson. (590, 955.) 

W. S. and Mrs. W. S. Brawly. (595.) 

R. S. Setzer. (600, 605, 981.) 

H. H. Setzer. (600, 981.) 

Lucile W. Clark. (608.) 

Robert Cooper. (609.) 

Wm. L. Barlow. (610.) 

Star Russell. (610.) 

Ada Laxton. (611, 613.) 

Julia Barlow. (614.) 


()2 


Boyden Hartley. (564.) 

Ed Healan. (948. ) 

Claude Healan. (589, 948, 989.) 

Dick Healan. (989.-) 

E. M. Hukle. (551, 558.) 

Isabel Hukel. (551, 958.) 

Margaret Martin. (571, 960.) 

L. S. Cannon. (598, 962.) 

Hamilton (R. V.) Wolf. (538, 551, 962.) 
Mrs. Hamilton Wolf. (550, 551, 962.) 
C. A. Ballew. (S37, 9S2.') 

F. L. May. (538,, 962.) ^ 

R. E. Harris. (590, 964. ) 

J. Hoke Jones. (538, 966.) 

Maude Tate. (539, 967.) 

P. A. Forman. (552, 540, 566.) 

Mrs. M. P. Barnhart. (539, 992.) 

Clara Powell. (539.) 

John Puett. (540, 550, 969.) 

William Ernest. (974. ) 

Clara Shuford. {541, 975-) 

Carey Harrison. (540, 975.) 

Vida Laxton. (979.) See King’s Creek. 
Bessie Laxton. (540, 969.) 

George White. (611, 983.) 

Lucile (Mary L.) Clark. (971, 531.) 

Mrs. Wade Miller. (543,986.) 

George Shuford. (540, 987.) 

John S. Prestwood. (87, 988.) 

Mary B. Jones. (600, 990.) 

Bessie Presnell. (536, 357, 338.) 

Della Wilson. (589, 698.) 

Clara Powell. (539, 550.) 

Elizabeth Todd. (540.) 

Bessie Laxton. (539, 970.) 





List of legal voters, who were denied the right to vote 
for the contestant: 

Edna Holdman. (556, 570, 585. ) 

Noah Nelson and Mrs. Noah Nelson. (556.) 

S. A. Hartley. (558, 559.) 

Will Powell. (558, 559.) 

Gaither Carter. (558, 559.) 

S. Kline. (558, 559.) 

J. H. Wade. (559.) 

Dorothy Chester. (569.) 

Laura Sykes. (584, 963.) 

Mrs. Gilbert. (584,963.) 

Alvah Andrews. (6x1, 985.) 

Mrs. Alvah Andrews. (611, 985.) 

Son of Alvah Andrews. (611, 685.) 

Daughter of Alvah Andrews. (61 x, 985.) 

Charlie Pearson. (556. ) Intimidated. 

Viola Balding. (546.) 

Walter Crayhill. (553.) 


Ashe County 

George Miller: Voted Democratic ticket; could not write ; 
made his mark to legal papers; before and after election, has 
been practicing to learn to write his name. (64X-2.) 

Cleve jMiller, registrar, Laurel precinct, subpcenaed to 
testify in behalf of contestant; failed to appear. (658.) Feel¬ 
ing was so bitter against this registrar on account of his meth¬ 
ods that he had to have friends to protect him on registration 
day. (659.) 

A. Clark, three times Sheriff and ex-member of the Legis¬ 
lature: 60 Republican women and 12 Democratic women did 
not register in his precinct; he thought the qualifications of the 
Republican women equal to those of the Democratic women; 
there was not a fair election in his precinct. (677-78.) 


J. O. Hardin says Miss Elizabeth Scott has been insane ten 
years; voted absentee Democratic ticket; she has attendant to 
keep her clothes on; also to keep her from grasping hot ves¬ 
sels, and doesn’t know the names of food. (714-15.) 

J. M. Tucker says that all previous Democratic Sheriffs 
have always refused Republicans to inspect their books. 

Mr. Edgar Blevins: Was refused to vote in one precinct 
and voted Democratic in another. (707.) 

J. C. Goodman voted Democratic ticket on tax receipt which 
had been changed from May 6 to March 6. (1560.) 

Illiterate negro woman voted Democratic ticket. (1576.) 

At one precinct two Doughton tickets and five Campbell 
tickets were found in wrong boxes; these were not counted; 
some county Democratic tickets were found in the wrong box 
and counted. (688-9.) 

The absentee vote of Mrs. Jess Ray, Republican, was hand¬ 
ed in election day, but never counted. (715.) 

Mr. and Mrs. Will Graybeal were out of county a few 
months at work; came back and offered to take the oath of 
citizenship so that they might register, but were refused; they 
intended voting Republican ticket. (659.) 

Not in State two years and voted Democratic ticket; Mary 
Miller and Clark Miller. (638.) Mr. and Mrs. James P. Cal- 
vard. (696-7.) 

Not on registration book, but voted Democratic ticket: W. ‘ 
R. McMillan. (655.) 

Not of age but voted Democratic ticket: Jesse Davis, (659.) 

Registration books from Clefton not returned till March 15, 
1921. (663.) 

Refused transfer from one precinct to another: Alec Hol¬ 
man, Republican. (656.) 

Edgar Blevins, Democrat, was refused right to vote in West 
Jefferson township; but allowed to vote elsewhere. (707.) 

Voted Democratic, but could not read or write: George Mil¬ 
ler, (637-38) ; Mrs.. Rose Caudill, (639-40); Mrs. Bowlin, 
(640) ; Mrs. Fannie Colyard, (643) ; Mary J. Landreth, (675) ; 


65 

Cleo Gaines, Cantabell Heck, Elizabeth Latham, Annie Howell. 
(680-81, 684.) 

K. Austin, Democratic County Chairman, wrote the reg¬ 
istrars not to permit the Republicans to copy registration books. 

(625.) 

A. G. Witherspoon, registrar, Jefferson precinct, was not 
sworn. (635.) 

P. L. Miller, Republican poll-holder, Obids precinct, says 
Democratic election officials concealed the absentee vote from 
him. (638-39.) That Mary Miller had been out of the State 
for eight years and was voted over his protest. (638-39.) 

Lewis Miller, says he is sixty years of age; has recently be¬ 
come a Republican; was tired of Democratic tactics; the past 
election was very unfair, as well as all the others held during 
the past fifteen years, (644.) ; says Democrats have put his 
name on their ticket in order to hold him in their ranks, but 
have failed to do so. (644.) 

W. B. McMillan: Allowed to register and vote election 
day; Democratic. (655.) 

R. B. Graybeal: Says he had a conversation with Avery 
Hurley, who told him that he was in West Virginia prior to 
the election; that he mailed a Democratic absentee vote to the 
registrar of Walnut Hill precinct; that he later decided to come 
home; did come home, and voted Democratic ticket in West 
Jefferson. (694.) 

J. D. Baker, Republican poll-holder. Pine Swamp precinct: 
Says there were six more votes cast in that precinct than the 
poll book shows. (702.) 

B. LI. Calloway, says registrar of his precinct has been tried 
before a Justice of the Peace for perpetrating frauds in con¬ 
nection with the election and is now bound over to Superior 
Court. (712.) 

J. M. Tucker, says ii Democrats were challenged in his 
precinct for non-payment of poll tax; that they were allowed 
to vote, but the Republicans, on same grounds, were barred. 

(1557-58.) 

J. H. Gentry: John Tucker was voted as Democratic ah- 


66 


sentee; that Tucker told his son prior to his death that he did 
not vote or authorize a vote to be cast for him. (1564.) 

See testimony B. W. Graybeal (1561 ) and J. H. Gentry 
(1564) as to discrimination in registration. 

E. E. Trivett says that Molly Houck voted Democratic ab¬ 
sentee, (1569) ; she makes affidavit that she did not vote, or 
have anything to do with the vote that was cast for her. (1569.) 

Affidavit concerning Mrs. A. M. Duncan’s vote, which she 
did not cast. (1570.) 

Affidavit of W. R. Bauguess that S. E. Wyatt, Floyd Gen¬ 
try, D. B. Graybeal, and Thomas Elliott certified that they 
voted straight Republican tickets, while tickets cast showed 
straight Democratic tickets. (1573.) 

C. B. Spicer testifies as to unfair methods in Ashe County; 
believes 500 Republican women were refused registration in 
the county; Tom Bost, newspaper man, told him before the 
election that from what he had heard and seen since being in 
Ashe County he believed the election was going to be stolen 
from the Republicans on the registration of women voters. 

(1575-1581.) 

Educational test applied in Republican precincts, but omitted 
in Democratic precincts. (1579.) 

C. B. Blouck: Voted twice; not entitled to vote at all. (692, 
93, 695.) Voted Democratic. 

Fields Hardin: ^Mted twice; not entitled to vote at all. 
Voted Democratic. (692, 694.) 

Republicans who were denied the right to register and vote 
on account of educational qualifications, but who were quali¬ 
fied in this respect: Mrs. and Miss Coldiron, Mrs. Ed Tay¬ 
lor, Mrs. Lewis Kelly, (1576) ; Mrs. Bob Estridge, (659); 
Mrs. Prior Sexton, (662) ; Arf Miller, (676) ; Polly Miller, 
(676); Hay Lambert, (1571); Elizabeth Ham, (677); Jen¬ 
nie Faw, (636). 

Non-residents who voted Democratic ticket : W. A. Severt, 
(640 ) ; Kirt Hamby, (652) ; Mrs. Kirt Hamby, {652) ; Gaith¬ 
er Stansberry, (677) ; John Bare, (709) ; Joe Wynn, (711-12) ; 
George Doggett, (1564). 







67 


W. B. Austin, Chairman Ashe County Democratic executive 
committee; Admits writing to Democrats in each precinct for 
list of Democratic absent voters, (625 ) ; admits receiving this 
list and mailing ballots. (626. ) 

M. C. Roark, Register of Deeds: No ballots or certificates 
of absentee voters were sent to him after election. (622.) 

A. G. Witherspoon, registrar Jeflferson precinct: There were 
between 60 and 75 absentee votes cast in this precinct. (634.) 

Hudler, registrar Chestnut Hill: Says that absentee vote in 
this precinct was 28, (654) ; of this number, Floyd Phipps tes¬ 
tified only I was Republican, (655) ; the absentee vote in Horse 
Creek precinct, according to Welch, was in the ratio of 6 Dem¬ 
ocrats to T Republican. (674.) 

B. B. Graybeal: Sa3^s he was in the Navy in 1918; that he 
mailed a straight absentee Republican ticket; that it was receiv¬ 
ed and when opened, it was found to be only partly Republican; 
that the registrar, in the election of November 2, 1920, was 
the registrar when this irregularity occurred. (705-) 

Voted as Democratic absentees, but not entitled to vote: 

John Greer, (653); Mrs. Ira Duncan, (1258); Elizabeth 
Scott, insane, (1559); John Tucker, (1562); Avery Hurly, 
twice, (688) ; Pete Phipps, (688) ; Tom Reeves, (688-89) ; 
Charles Brook, Jonah Stanley, (697) ; Mrs. Molly Houck, 
(1569) ; Mrs. A. M. Duncan, (1570.) 

Summary and Conclusion 

We do not claim absolute accuracy for the statistical sum¬ 
maries and deductions arrived at in this brief for the reason 
that the testimony is, in many instances, more or less conflict¬ 
ing, but we believe when the facts which we have summarized 
and cited from the record are fully considered, in the light of 
all attendant circumstances and conditions, it will be seen that 
a larger vote than that which we have claimed should be de¬ 
ducted from the vote of the contestee, and that the vote of the 
contestant should be considerably increased. 

No abstruse propositions of law or conflicting decisions of 



68 


courts are involved in the case, the sole question being whether 
the plain provisions of the election laws of North Carolina, 
which are set out in the opening of this brief, were violated at 
the Congressional election of November 2, 1920, in the Eighth 
district of North Carolina, as appears from the record in the 
case, and to an extent which made it unlawfully appear that 
the contestee, Robert L. Doughton, was elected to the seat 
in the Sixty-seventh Congress, when in fact the contestee, 
James I. Campbell, was duly elected thereto. 

This being the only issue, we have devoted the space of this 
abstract chiefly to summaries of the testimony and citations of 
the record instead of to questions of law or decisions of courts, 
and we earnestly ask of the House Committee on Elections to 
which this case is referred a careful consideration of the evi¬ 
dence we have quoted and a thoughtful reading of the parts 
of the record we have cited that they may be able to make their 
own deductions and form their own conclusions, and we will 
cheerfully yield our own judgment to theirs in such findings 
as they may make. 

In considering the facts and weighing the testimony in the 
case, we respectfully ask that the Committee will keep steadily 
in mind the following facts and circumstances appearing from 
the record: 

First. That the election laws of North Carolina under which 
the election of November 2, 1920, was held, were made, con¬ 
strued, and administered solely by members of the political 
party to which the contestee belongs. 

Second. That the registrars of election in each and every 
precinct were not only Democrats, and partisans of the con¬ 
testee, but were active party workers in his interest as well, 
and were invariably chosen because of their ability to secure 
the full registration and the faithful voting of their fellow- 
Democrats; and how natural it would be that such ofificials 
would resolve all doubts in favor of their own partisans and 
against Republicans; and how surely they would see to it that 
all Democrats voted, and that no Republicans voted who did 
not meet the fullest measure of qualifications. 




6 g 


Third. That two out of the three poll-holders (one of them 
the registrar just described) at each precinct were Democrats, 
and that they completely dominated the conduct of the election 
at the polls. 

Fourth. That the county canvassing boards that counted, 
canvassed, and declared the result of the vote in each county 
were solidly Democratic. 

Fifth. That the sheriffs, or tax-collectors, in each county 
in the district where the vote is in dispute, whose duty it was 
to collect the poll-taxes in order to entitle all men between 21 
and 50 to vote, were all Democrats and interested in the pay¬ 
ment of poll-taxes for that purpose by their own partisans. 

For the foregoing reasons, it is practically certain that no Re¬ 
publicans who were not fully qualified were permitted to vote, 
and, with the possible exception of a few scattering ballots 
here and there, it is apparent that not only was the Republican 
vote almost wholly regular, but hundreds, and probably thou¬ 
sands, of qualified Republican voters were denied the right to 
vote. 

The vote in the district upon which the certificate of election 
was awarded to the contestee stood as follows: 


Doughton . 32,934 

Campbell. 31,856 

Majority for Doughton. 1,078 


There should be deducted from the total vote of 32,934, al¬ 
leged to have been cast for the contestee, Robert L. Dough¬ 
ton, the following vote, which appears from the record to 
have been unlawfully cast or counted for him: 

Voted Without Evidence of Payment of Poll-Tax 


Rowan County . 293 

Iredell County. 357 

Ashe County. 54 


Total. 704 











Conspiracy 


Stanly County. 264 

Non-Residence and Non-Payment of Poll-Taxes 

Rowan County. 18 

Iredell County. 113 

Stanly County. 100 

Caldwell County. 93 

Total . 324 

Defective Registration and Failure to Allow 
Republicans to Register 

Rowan County. 269 

Iredell County . i 

Caldwell County . 9 

Ashe County. 71 

Total . 350 

Miscellaneous 

Rowan County. 64 

Iredell County. ii 

Ashe County. 75 

Caldwell County. 4 


Total 


154 


















71 


Direct Intimidation 


Stanly County . . 
Iredell County . 
Ashe County . .. 
Caldwell County 

Total . 


Difference Between Poll-Books and Registration 
Books, and Apparently Not Registered 

Rowan County. 235 


Grand Total .2044 

Deducting Doughton’s claimed majority of.1078 

Campbell’s majority . 966 


Because of the failure of the Sheriff of Iredell County to 
collect and certify the payment of the poll-taxes of that county, 
which was his duty under penalty of law, its lawful and its 
unlawful vote became so thoroughly confused and intermixed 
as to render it impossible for either of the parties to the con¬ 
troversy, or the Committee of the House, or any other author¬ 
ity, to determine with certainty what either the lawful vote, or 
the unlawful vote, actually was, and the House would there¬ 
fore, be justified, both in law and fact, in throwing out the en¬ 
tire vote of said county, in which case, even if all other irregu¬ 
larities were waived, the vote of the contestee would be reduc- 













72 


ed to 26,451, and that of the contestant to 27,478, giving the 
contestant a lead of 1,027, thus electing him by a majority of 
1,027, and we ask that the total vote of Iredell County be dis¬ 
regarded and not included in the final count. 

A total of apparently 1,795 absentee votes were cast in the 
district, 1,596 for Doughton and 20T for Campbell. For lack 
of qualification of the voters, and because of unlawful methods, 
and failure to preserve the tickets and make certified lists, as 
required by law, the bulk of this vote is so manifestly fraudu¬ 
lent that the Committee of the House should not hesitate to 
throw the entire vote out and disregard it in the count, thus 
alone reducing the vote of the contestee to 31,338, and that of 
the contestant to 31,655, which, even if all other irregularities 
were waived, would give the contestant a lead of 317 votes, and 
thereby elect him by a majority of 317, and we ask that all ab¬ 
sentee votes be disregarded and not included in the final count. 

In whatever way the testimony of the case may be viewed 
by the Committee and the House, we believe there can be no 
reasonable doubt as to the election of the contestant, and we, 
therefore, respectfully ask that the House declare the contes¬ 
tant, James I. Campbell, duly elected as Representative in the 
Sixty-seventh Congress from the Eighty District of North 
Carolina, at the election of November 2, 1920, by a majority of 
at least 966 votes. 


JAMES J. BRITT, 

WALTER L. CAMPBELL, 
Attorneys for Contestant. 


I 


United States of America 


Sixty-Seventh Congress 
Contested Election Case 

of 

JAMES I. CAMPBELL 

V. 

ROBERT L. DOCGHTON 

from the 

EIGHTH CONGRESSIONAL DISTRICT 
OF NORTH CAROLINA 


REPLY BRIEF OF CONTESTANT 


■F 

JAMES J? 9EITT, 

WALTER L. CAMPBELL, 
Attorneys for Contestant. 










4 


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\ 







CONTESTED ELECTION CASE 
of 

JAMES 1. CAMPBELL 


ROBERT L. DOUGHTON 
REPLY BRIEF OF CONTESTANT 

We file a brief reply to some of the contentions made 
in contestee’s brief, and supplemental to the original 
brief filed herein, as follows: 

INTIMIDATION 

Contestee’s brief, p. 4, expresses deep concern that con¬ 
testant should have given publications in the hearings to 
what it pleases to term a libel on the President of the 
United States. This solicitude would come with better 
grace had not the friends of the contestee circulated, 
broadly and generally, throughout the Eighth Congres¬ 
sional District of North Carolina, every possible libelous 
picture and communication that could be obtained, not 
only of the Republican candidate for President of the 
United States, but of the Republican party, generally, 
and while the so-called “Harding Family Tree” was not 
published in the press, it was passed from lip to lip and 
from hand to hand, with a view of general circulation 
with all its pernicious effects. We respectfully submit 
that a careful reading of that portion of our original 
brief, treating of the subject of Intimidation, will con¬ 
vince the Committee that no stone was left unturned by 
the managers and partisans of the contestee to influence 
the vote of the district against the contestant by the cir¬ 
culation of false and injurious slanders, and that their 


2 


efforts had, in a large degree, the desired effect, will ap¬ 
pear to any reasoning mind. 

DISFRANCHISEMENT OF SOLDIERS 

On p. 6 of the contestee’s brief there is an effort to 
justify the unlawful exemption by boards of county com¬ 
missioners in the several counties of the Eighth Congres¬ 
sional District of soldiers in the World War, between the 
ages of twenty-one and fifty, from the requirement of 
payment of poll tax on or before the first day of May, 
1920, as a pre-requisite for voting at the Congressional 
election of November 2, 1920, and an opinion of the 
Attorney-General of the State is inserted to bolster up 
that contention. 

This illogical, ungrounded, and wholly unlawful con¬ 
tention can be briefly and summarily answered by quoting 
those provisions of the Constitution of the State of North 
Carolina, and of the Consolidated Statutes of North Car¬ 
olina, on these points, which are as follows: 

Constitution of North Carolina, Article 6, Section 4: 
“and before he shall be entitled to vote he shall have paid, 
on or before the first day of May of the year in which he 
proposes to vote, his poll tax for the previous year, as 
prescribed by Article V, Section 1, of the Constitution.'’ 

The provision of Article V, Section 1, to which refer¬ 
ence is had, is as follows: “The General Assembly shall 
levy a capitation tax on every male inhabitant of the State 
over twenty-one and under fifty years of age .... 
The Commissioners of the several counties may exempt 
from capitation tax in special cases, on account of poverty 
and infirmity.” 

Section 5941, Consolidated Statutes of North Carolina, 
provides as follows: “No person shall be entitled to vote 
unless he shall have paid his poll tax for the previous 
year, on or before the first day of May of the year in 
which he offers to vote, as prescribed in Article V, Sec¬ 
tion 1, of the Constitution.” 


3 


The Committee will note that the one and only ex¬ 
emption from this Constitutional and statutory require¬ 
ment is where the county commissioners shall, on account 
of “POVERTY AND INFIRMITY’’ exempt such tax 
payer. Not in a single instance in all these exemptions 
by the boards of county commissioners in the several 
counties of the district was there any petition for ex¬ 
emption on account of “POVERTY AND INFIRMITY,” 
nor is there any record that such exemption was on that 
ground, hence it takes no argument whatever to convince 
any reasonable mind at a glance that each and all these 
releases were unlawful and should not have been allowed. 

The contestant yields to no one in his admiration for, 
and interest in, the soldiers of the late war, and there is 
no privilege or immunity, authorized by law, which he 
would not be only too glad to grant them, but neither the 
contestee, his learned counsel, nor any of his ingenious 
managers, have authority to go behind the solemn Con¬ 
stitution and Laws of the State, and this shallow and 
sentimental appeal is made only to justify the unlawful 
acts of the county commissioners in allowing these dis¬ 
charges, and it is respectfully submitted that herein is 
found a typical example of the general methods pursued 
in the Congressional election of 1920, in the Eighth Con¬ 
gressional District of North Carolina, namely, to carry 
the election under the law, if possible, if not, so to con¬ 
strue the law as to make it meet the ends desired, and, if 
both of these fail, flatly to violate it under one pretense 
or another. It was the effort of the contestant in the 
hearings to insist that the election should have been held, 
under the Constitution and laws of the State, that pro¬ 
voked from counsel for the contestee the exclamation 
that the effort to require soldiers to pay their poll tax 
was a “damnable outrage.” 

ALLEGED REPETITIONS IN CONTESTANT’S BRIEF 

At various places in the contestee’s brief an effort is 


4 


made to show that the contestant, in his brief, repeated 
the names of alleged unlawful voters with a view of hav- J 

ing them counted more than once as unlawfully cast for j 

the contestee. .* 

This is without the least foundation in fact. While it 
is true that the same name, or names, are often referred 
to more than once, it will, nevertheless, be seen by an ex¬ 
amination of contestant's brief throughout that this 
method was pursued because of the fact that the names 
of alleged unlawful voters were placed under various 
heads, such as “Non-Residents,” “Unlawful Absentees,” 
“Non-Tax-Paid Voters,” etc., and it often happened that 
a single voter had violated in two or more of the particu¬ 
lars named and his name was sometimes repeated to show 
that fact, but we wish here to state most positively to 
the Committee that it was not our intention, and is not 
now our intention, that any alleged illegal vote cast for 
the contestee should be counted more than once as a 
charge against him, and if any name is, by mistake, so \ 

repeated, we ask that it be not included in the summary. 

As we stated in our original brief, the record is highly 
complicated, with many difficult names, and absolute ac¬ 
curacy is not claimed, but we again submit that an ex- , 

amination of the record by the Committee, which exami- /; 

nation we most earnestly solicit, will prove the general | 

tenor of our contentions and verify our statements of i 

fact. 

ANSWERS TO CONTENTIONS IN CON- 
TESTEE'S BRIEF 

The contestee's brief contains extensive and diverse 
discussions of the record of testimony relating to the ^ 

counties of Ashe, Stanly, Iredell, and Rowan, and we will ) 

now endeavor to answer such of the various claims j 

therein made as have not, in our judgment, been ade- 
quately answered in our original brief. } 




5 


ASHE COUNTY 

The Sheriff by his action in not allowing inspection of 
the tax books was only following the precedent set by 
all Democratic sheriffs prior to that time. G. B. Austin 
(father of W. B. Austin, who was Chairman of the Demo¬ 
cratic Executive Committee of Ashe County) was one of 
the Democratic sheriffs who set this example. 

J. F. Miller’s testimony discloses nothing as to Rich¬ 
ardson, as it appears that Richardson did get his receipt; 
furthermore, there is no evidence tending to show that 
there were not two, or a dozen, James Richardsons. 723. 

W. B. Austin’s testimony is conflicting in that he states 
in one part that the Sheriff gave him receipts, and in 
other parts that receipts of the individuals concerning 
whom he testified were refused. 719-20-21-22>23. His 
testimony further weakens under evidence of B. W. Mil¬ 
ler, who states that Willie Miller, his son, had already 
paid his tax at the time Austin was tendering the money 
for payment of it. This would seem to indicate that Aus¬ 
tin was not authorized nor made the agent by any of 
these individuals to pay their tax. B. W. Miller is con- 
testee’s own witness. 732. According to law, these peo¬ 
ple should have paid their own individual poll tax, and 
while there is no scintilla of evidence showing that Aus¬ 
tin was authorized to pay it for them, this is neither here 
nor there, as it clearly stands out that these people were 
liable for taxes, and that they were not paid. Crawfish¬ 
ing can not get around this fact. 

As to C. B. Spicer’s having urged the Republican wo¬ 
men to register and vote, why shouldn’t he? The con- 
testee says that Mr. Spicer advised the people that they 
were going to be cheated and have their votes stolen by 
the Democrats. Mr. Spicer says Tom Bost, a Democratic 
newspaper reporter, told him the Democrats were going 
to steal, and from the evidence of others, it is apparent 
that they did unlawfully take votes, or had unlawfully 
taken them in previous elections. 1575. As further jus- 


6 


tification for such assertion as was made by Mr. Spicer, 
you will please note the evidence of Miss Jennie R. Fields, 
635, of Obids Township, who testifies that she was present 
at the trial of the registrar for that township when he 
was being tried on a criminal action charging him with 
fraud in connection with the election; that he would not 
say that he registered as many as six Democrats at the 
regular polling place and he tried not to register any Re¬ 
publicans away from the polling place. Justifying Mr. 
Spicer’s statement further, is the evidence of B. B. Gray- 
beal, who says he mailed a Republican vote home while 
he was in the army, and later found that a Democratic 
vote had been cast for him. 694-95, 713, 707. There is 
evidence throughout the record which shows that the 
registrars went from house to house registering Demo¬ 
crats, sometimes at night, and other times in the day, 
but hardly ever is there an instance of Republicans being 
registered away from the regular polling place. 

The contestee in his brief would have the Committee 
believe that two ladies memorized sections of the Con¬ 
stitution in order that they might pass the literacy test 
(contestee’s brief, 58), and that this trick was sponsored 
by a candidate on the Republican ticket. The Committee 
will please note that the test was successfully passed and 
all was well until these ladies were out of the building, 
741, and word was passed that “They registered two good 
Republicans,” whereupon they were recalled and their 
names stricken off the registration book by a Democrat 
who had no official capacity at all. 783. 

As to assaults on registrars, the evidence discloses 
nothing noticeable, shows no votes lost to the cause of 
the contestee, but proves more than anything else that 
the frauds and corruptions which had been, and were 
being, practiced, were becoming unbearable. 763. 

C. B. Spicer in his testimony flatly denies the charges 
of Mrs. Edith Turnmire. 1575. The true character of 
her statement can easily be seen from the witnesses who 
testify as to her character and reputation for misrepre- 




7 


sentation. R. J. Phillips and eight others offered testi¬ 
mony regarding this woman’s evidence. 1552-53-54. 

The matter of Duffield and his tax receipt is rebutted 
by Dufheld himself, 786, who states that he went to see 
Spicer before the first of May, but upon being recalled, 
791, he states he did not see Spicer when Tucker sent 
him, but he did see Blevins, who told him that it had 
been paid. See evidence of Dr. Manley Blevins, 1554, who 
says it was paid on April 30th. 

The contestee’s brief evidently loses sight of a few in¬ 
teresting facts on page 2. Here it states that the con¬ 
testant made no appeal to the courts for punishment of 
the wrongs perpetrated in the election. The Committee 
will note the inconsistency in contestee’s brief by turning 
from page 2 to page 59; at this point the contestee goes 
on to cite the different indictments which were sworn out 
by the Republicans, and criticizes them severely for so 
doing. The fact that they were angered by the tactics 
employed by the Democratic officials is only another link 
in the chain which proves that conditions in the County 
were intolerable and that the Republicans wished to put 
an end to conduct of this kind. The following evidence 
will show how a case concerning a Democratic election 
official was treated in the courts of North Carolina, as 
well as the consideration given Republicans. Dr. Manley 
Blevins, a physician of good repute, says Will Price told 
him a week before court convened that he was summoned 
as a juror and foreman of the grand jury. 1554. The 
foreman of the grand jury is appointed by the judge after 
court has convened and the names have been drawn from 
the hat; yet, by the evidence, which was not disputed, 
this man knew a week before court that he was going to 
be foreman, and, true to form, he was the foreman. Mr. 
C. B. Spicer testifies that some Democrats told him before 
court that they were going to throw the election cases 
out of court; that W. B. Austin and other Democrats 
checked the original jury list and found it contained 
twenty-two Republicans and fourteen Democrats; when 


the grand jury was actually drawn, it was composed of 
twelve of the original Democrats drawn; that they pro¬ 
ceeded to pass on the bills of these cases without requir¬ 
ing all witnesses to be present, nor would the prosecutor 
take steps to compel witnesses to attend court; they 
would not let the cases be continued and, therefore, found 
a true bill in only one of the many cases; that this case 
in which they did find a true bill was one of the weakest 
of them all, and the prosecutor had already stated that 
it was too weak to get a conviction—consequently it was 
nol pressed. 

Replying to answer to charge of unlawful registration 
methods. (Contestee’s brief, 59-64). 

The Committee will please bear in mind that the tes¬ 
timony cited on these pages by the contestee shows the 
evidence of his own followers and adherents; that this is 
the evidence of the registrars, for the most part, and that 
they would naturally say they carried out their obliga¬ 
tions to their State and country honorably and honestly. 
The evidence of these registrars is controverted over¬ 
whelmingly throughout the record; and below are to be 
found a few of the glaring instances of fraud and par¬ 
tiality in registration; the record will not permit us to 
take up this matter in detail, so we will cite only enough 
to give the Committee a glimpse of the tactics used. 
A. G. Witherspoon (633), Registrar of Jefferson Town¬ 
ship, a strong Democratic Precinct, applied literacy test 
to only three, these being Republicans; I. N. Hudler, 
Registrar Chestnut Hill Township, says he didn’t apply 
test at all. These townships are Democratic strongholds. 
654. Jess Goss, 771, Registrar Horse Creek Township, 
which is Republican, says he applied test to all; J. F. 
Stanley, Registrar Laurel Township, which is Republican* 
says he applied literacy test very rigidly, 658. The evi¬ 
dence of Mrs. Prior Sexton, 662, shows that she was 
asked by the registrar to read a section of the Constitu¬ 
tion, which she read correctly; the registrar refused her 
registration on account of one word which he claimed 




9 


was mispronounced, the registrar claiming that it should 
be pronounced “re-cog-nize” and she pronounced it “rec - 
og-nize.” She was refused registration on this ground. 
This happened in another of the strongest Republican 
townships, which goes to prove that they were using 
every ruse to defeat their adversaries. Rober May, 
Registrar Piney Creek Township, another strong Repub¬ 
lican precinct, says the test was applied, 739. It appears 
throughout the record that the Deihocratic registrars dis¬ 
criminated and showed partiality in the registration of 
applicants. The literacy test was very forcefully applied 
in all strong Republican precincts, and laxly applied in 
those precincts which are Democratic; in some instances, 
the tests were not applied at all in the Democratic pre¬ 
cincts. 

In reply to answer of contestant’s challenges (con- 
testee’s brief, 64-5-6-7). The contestee states in his 
brief that certain names on contestant’s challenges are 
entitled to vote for the reason that they were in the army 
at the time of listing or paying poll tax, and that the 
money was tendered for others by W. B. Austin, Chair¬ 
man of the Democratic Executive Committee of Ashe 
County. Section 5941 Con. Stat. of N. C. requires each 
and every voter between the ages of 21 and 50 to have 
paid his poll tax on or before the first day of May of the 
year in which he; expects to vote; this section does not 
exempt anyone from the payment of poll tax, but the law 
does provide that the county commissioners may exempt 
for “poverty or infirmity”; nor does this statute provide 
that a tender of the money shall amount to a payment of 
the tax. Admitting, for argument’s sake, that a tender 
of money by a voter would entitle him to vote, yet the 
evidence of W. B. Austin, 720, shows that there was no 
legal tender for the respective poll taxes ever made by 
him, nor does the record disclose that he had any right 
or authority as agent for such persons to make such 
tender. In the case of W. H. Teague it is very clear that 


10 


he voted the Democratic ticket without having paid his 
poll tax. 700-1, 711. 

Reply to answer to charge of lost and misplaced re¬ 
cords. Contestee’s brief, p. 67. 

The fact that the registration and poll books for Clifton 
Township were handed around to several different per¬ 
sons does not excuse the fact that they were not returned 
immediately to the Register of Deed’s office after the 
election, by the election officials. This is required by 
law, as the contestee well knows, and such an excuse as 
is offered is insufficient. . 

The excuse of Bob May, Registrar of Piney Creek 
Township, is clearly brought to light by referring to 
Exhibit B, 625. 

The list of purported Republican votes cited on page 
67 of contestee’s brief as challenged for non-payment of 
poll tax is without support. There is no evidence that 
they were liable, that they were within the poll tax age, 
or that they had not paid in some other precinct, or 
county. 

Reply to contestee’s brief, beginning on page 68, 
headed “Stragglers.” 

As to testimony of W. A. Brooks concerning fourteen 
Republicans denied registration, if they were not qualified 
at the time of the election, it was because they were not 
allowed to register under the unfair methods employed 
by the Democratic registrars. 

The contestee overlooks some evidence of importance. 
The evidence of Mr. M. C. Roark was certainly not scru¬ 
tinized when it was stated that all of the forty-six names 
mentioned on p. 52 of contestant’s brief were duly reg¬ 
istered. A careful check of these names discloses that 
the following named persons voted Democratic and were 
not registered on the old or new registration books: 
W. 0. Bare, Emery Brown, Emmet Bullens, Rachel Bare, 
John M. Burkett, Edgar Blevins, Sallie Burgess, Bart 
Bare, Lum Combs, I. S. Dancey, C. N. Hurley, G. A. Mil¬ 
ler, A. H. Oliver, Catherine Caloway, Bessie Reeves, Wal- 


11 


Ler King, Mrs. George Sheets, Elizabeth Sheets, Roxie 
VVyrick, J. H. Wallace, making a total of twenty-two. 
Contestee cites no evidence to prove his contentions con- 
cerning these sixty-four votes. 

As to the statement under name of J. M. Tucker in 
contestee’s brief, page 69, to the effect that ten or eleven 
Democrats were entitled to vote for the reason that the 
money had been tendered for their poll tax; as stated 
heretofore, this does not constitute payment as the law 
demands. 

Evidence shows that Edgar Blevins was challenged in 
the precinct in which he should have voted, had he had 
the right to vote at all, and further declares that he 
voted Democratic in another precinct. 707. 

J. C. Goodman voted Democratic ticket, 695; had not 
paid poll tax, 711. 

The fact that Mrs. Jess Ray’s name does not appear on 
the poll book of the precinct in which she lives and at¬ 
tempted to vote is conclusive proof that although she 
did send an absentee Republican ticket, it was not voted. 

Evidence as to Mary and Clark Miller is conclusive. 
While they were not entitled to vote, nevertheless they 
did vote and vote the Democratic ticket. 

According to the testimony, the Colvards had not been 
in the State two years, and consequently were not en¬ 
titled to vote, but did vote the Democratic ticket. 796-7. 

As to P. L. Miller’s denying on cross-examination that 
the absentee votes were concealed from him, the records 
and evidence will show that they were slipped around 
him, which is only another way of saying that they were 
concealed. 638. 

The contestee, under the name of Gentry, p. 70 of his 
brief, states that the matter of Tom Tucker’s vote re¬ 
ferred to in contestant’s brief, p. 65, can not be considered 
for the reason that it is new matter introduced in re¬ 
buttal. On p. 647, Bob May’s testimony, it will be seen 
that this matter was brought out in contestant’s firsl 
hearing in Ashe County, and by reference to J. H. Gen- 


12 


try’s testimony, 1564, the charge will be fully substan 
tiated. 

Under the name of W. R. Baugess, in contestee’s brief, 
appears the opinion of one not very well versed in this 
case; it shows that mere opinions are being offered and 
no heed of the evidence taken. In the examination of 
C. M. Dickens during contestee’s hearing, pp. 811 and 
812, reference was made by Dickens to a statement made 
by C. B. Spicer charging the Democrats with having 
stolen votes in previous elections. Mr. Baugess could not 
have testified in the first hearing for the reason that this 
question had not been raised. In the rebuttal, the affi¬ 
davit of W. R. Baugess was offered because he was un¬ 
able to be present, and the affidavit so states. The affi¬ 
davit is competent. 

The contestee contends that C. B. Spicer’s evidence 
should not be considered for the reason that it is new 
matter. He overlooks entirely that the evidence of Spicer 
rebuts what was brought out by his own witnesses. See 
testimony of Tucker, Ray, Duffield and others, 784-85- 
86-87. 

Fields Hardin is shown by evidence of M. C. Roark, 692, 
and B. B. Graybeal, 694, to have cast two Democratic 
votes, one of which he voted in person and the other as 
an absentee. There is no rebuttal of this and it is con¬ 
clusive. 

On p. 70 the contestee says the persons named in con¬ 
testant’s brief, p. 66, next to the last paragraph, should 
not be considered, first, because it is new matter; this is 
not new matter, as the Committee can well see. All of 
these witnesses were either questioned by contestant or 
contestee in their original hearings, or else testimony 
was given regarding them by some other person; second, 
that they did not attend the polling place on election day 
for the purpose of voting. The reason for this is ap¬ 
parent; they knew they were not registered, and there¬ 
fore knew they would not be allowed to vote. 

There is sufficient proof to the effect that W. A. Severt 







13 


and others, listed on bottom of p. 66 of contestant’s brief, 
were illegal voters. The judgment of the election officials 
is by no means conclusive, but the matter rests with this 
Committee. 


STANLY COUNTY 

Contestee’s brief, p. 64, admits that not all qualified 
electors in Big Lick and Furr Townships got to vote 
November 2, 1920. He claims disorder on the part of 
Republicans, but in rebuttal of this, we have only to see 
the evidence of his own witness. R. 1023. 

The ratio of voters shown by contestant in these pre¬ 
cincts was about three Republicans to one Democrat, 
whereas, according to the evidence of both the contestant 
and contestee, the ratio of those not permitted to vote in 
these precincts was more than ten Republicans to one 
Democrat. 

Contestee claims that a large number of voters. Demo¬ 
crats and Republicans, were paired (contestee’s brief, p. 
47) ; if this is true, it will be seen by an examination of 
the contestee’s brief that these are claimed by him and 
counted. Only votes attempted in good faith to be cast, 
and denied that privilege, can be counted, and not such 
as neither attempted nor cared to vote. Evidence of con¬ 
testant discloses that in all other precincts there were 
no failures to vote the entire electorate; that in Iredell 
County, Statesville, Third Ward, more than 1,600 voters 
voted. This is a strong Democratic precinct in which 
contestee received a majority of 636, R. 43. Contestee 
leaves doubt as to his contentions as to Big Lick and Furr 
Townships. He charges the article published by the Re¬ 
publican paper of the county with causing the crowd 
around the polling place, which he contends hindered and 
delayed the voting. Another contention is that the 
failure of other voters to ‘‘push” was evidence that they 
did not want to vote, and that they did not try to vote, 
for this reason. Contestee’s brief, 47. 


14 


It is shown by evidence of contestant that a large 
number of qualified voters were at the polling place in 
these two precincts for the purpose of voting. M. A. 
Whitley testifies, R. 1549, regarding those who were not 
questioned as to qualifications. To strengthen the evi¬ 
dence offered by the contestant as to the qualifications 
of those who applied to vote, and who were denied the 
right, he attempted to impound the registration and poll 
books of these precincts. This action was stubbornly 
fought by the contestee, and the Democratic Clerk of 
the Court, who had these records in.charge, but who was 
not the legal custodian, refused to permit such action. 
Contestee’s brief, p. 51, asserts that John Watters voted; 
that he went out from the building and joined in the 
''push.'' Thisi is denied by Watters, who states that he 
went in with his wife; that he was not permitted to vote 
himself at that time, and did not get to vote. R. 1457 
and 1540. 

Contestee says that Republican Judge Hathcock agreed 
to voting of Mrs. Bass. Hathcock stated that it was 
upon information to the effect that she was sick that he 
took such action, and that he later found she was not 
sick. R. 1388. Since she was a Democrat, she was to 
be voted, regardless; consequently, the election ma¬ 
chinery was stopped to get this positive Democratic vote. 

Math Tucker, not mentioned in contestant's brief. 

J. W. Frazier reputed to be a Democrat. R. 1514. 

On page 55 of contestee's brief, a list of names is 
given, beginning with that of R. C. Roberts. The evi¬ 
dence is that these, or the greater part of them, voted 
absentee, and that the ballots and certificates were not 
preserved. Therefore, no record could be made by the 
Republican Judge as to how they voted, and no record 
was kept by the Democratic officials, in order that the 
way they voted could be determined. R. 1429-1430. We 
refer to the evidence of two persons in this list: W. F. 
Rampey, R. 1427, L. S. Barbee, R. 1517. These persons 


15 


testified that they did not vote at all, but Democratic 
absentee votes were cast for each of them. 

The contestee, page 56, challenges the following four 
persons: (1) A. J. Green. Mr. Green and his brother, 
H. L. Green, testified that he had lived in Stanly County 
for eighteen months prior to the election. R. 1542. (2) 

Jim Howell. Testified he did not vote. R. 1538. (3) 

Isaac Cooper. Cooper testified that he had been a resi¬ 
dent of his precinct for years. R. 1544. (4) Mumpford 

Kimery. Contestee's attorneys admitted he was a quali¬ 
fied voter. R. 1550. 

As to contestee's brief, page 56, relating to the evi¬ 
dence of J. W. Brown; it is not proved for whom these 
persons voted, but it is proved that many, as shown by 
the poll books, voted, and that these persons did not 
appear on the registration book. R. 1550. The question 
arises as to why these alleged voters were permitted to 
vote by the officials, two of whom were Democrats. The 
only reasonable inference that can be drawn is that they 
were Democratic voters and cast Democratic ballots. 

Contestee claims, p. 56, that the Calloway boys, who 
were challenged by the contestant (contestant's brief, p. 
57), are the same as William A. and W. A. Calloway. 
This is not true; they are different parties, entirely. See 
evidence of Paul Austin, R. 1519-1520. 

Contestee, p. 8, contends that the only absentee ballots 
or certificates to be kept are the ones which bear the 
voter’s signature on their back. The law on this matter 
is very clear and explicit. R. 195. It emphasizes the re¬ 
quirement that the ballots and certificates so voted 
should be kept. Section 5966, Con. Stat. of N. C., is as 
follows: “In voting by the method prescribed in this 
Article, the voter may, at his election, sign, or cause to 
be signed, his name upon the margin or back of his bal¬ 
lots, for the purpose of identification. The ballot or bal¬ 
lots so voted, together with the accompanying certifi¬ 
cates, shall be returned in a sealed envelope by the reg¬ 
istrar and poll holders, with their certificates of the re- 


16 


suits of the election, and kept for six months, or, in case 
of a contest in the courts, until the results are finally 
determined.’" Contestee says no names were placed on 
ballots. See R. 582, evidence of D. M. Cline. None of 
these certificates were kept, as prescribed by law. Hun¬ 
dreds of such ballots were cast under this law without 
the ballots and certificates being kept and returned, as 
required by law. This is clearly shown by reference to 
Record, pp. 69, 75, 84, 110, 146, 159, 188, 204, 267, 437, 
440, 515, 561, 605, 649, 655, 666, 672, 683, 684. These 
citations are to Iredell, Rowan, and Ashe Counties, and 
the same state of facts obtains as to Stanly and Caldwell. 

IREDELL COUNTY 

On page 13 of contestee’s brief he claims there is 
no evidence disqualifying thirty voters challenged by the 
contestant, the list beginning with the name of C. E. 
Bamhardt, and ending with the name of T. F. Wyatt. 
These alleged voters voted in Chambersburg,Township. 
See evidence of L. O. White, Record, pp. 78, 79 and 80, as 
to how they voted. Evidence of Miss Eulalia McLelland 
as to the non-payment of poll tax, except R. 0. Beaver, 
who could not be found on the poll book, and W. S. Gra¬ 
ham, who made no return. Evidence of P. P. Dulin, R. 
1275, concerning ages of these voters and their liability 
for poll tax. 

On page 14 contestee claims P. P. Dulin testified that 
the list he prepared was 65 per cent wrong, whereas, he 
testified that it was approximately correct, and that it 
might be from 2 per cent to 5 per cent incorrect, R. 1272, 
near) bottom. It is shown on the same page, that he tes¬ 
tified that about 65 per cent had their poll tax receipts. 
To get a correct understanding of the poll tax situation, 
the Committee should consider the evidence of L. C. Wag¬ 
ner, R. 54, Question 9 from top of page. 

Pages 18, 19 and 20 of contestee’s brief contain a list 
of voters he claims are disqualified to vote, whereas on 




17 


examination of the evidence of Miss Eulalia McLelland, 
Deputy Sheriff, on pages 848, 858, 863, 867, 874, 877, 
884, 888, 894, 903, 926, 939, and 940 of the Record, shows 
that the following were not charged with poll tax: John 
Meredith, D. E. Gryder, Charles U. James, W. F. A. 
Houpe, T. J. Tillett, W. L. Barnard, Walter Boger, Henry 
Jenkins, J. W. Ireland, Madison Campbell, Burett Money, 
Clarence Rash, W. C. Cook, R. F. Gwaltney, J. K. Lam¬ 
bert, J. C. Parker, J. H. Shaver, Sells Speaks, I. W. Ply- 
ler, J. W. Shuford, P. Shaffer, J. H. Bost, Sylvester Camp¬ 
bell, John H. Gryder, J. F. Henderson, H. B. Massey, T. A. 
Wilson, J. H. Covington, W. L. Cashion, John Hagar, 
C. V. Jones, W. L. Wentz, E. M. Archer, E. D. Baker, 
Vernice Evans, T. H. Fairchild, Joe Frye, J. Mac Harris, 
J. P. Hobb, Thomas F. Moore, Walter L. Poston, R. K. 
Smith, H. A. Sapp, Will Yowe, Joe A. Cashion, C. C. 
Cook, R. L. Edwards, G. C. Eads, G. 0. Goodman, W. R. 
Whitman, J. W. Conley, L. E. Jordan, Gilpin McDaniels, 
John T. Marlowe, W. M. Moore, W. F. Snow, C. A. Vicker, 
P. S. Turner, P. D. Cline, Will Morgan, R. W. Shaw, Frank 
P. Cooper, H. L. Vaughn, Charles Cline, Lester R. 
Cashion, Walter Combs, Leroy Harris, Luther Lippard 
and C. W. Teague. 

The law requires the Register of Deeds, under the su¬ 
pervision of the County Commissioner, to make up the 
tax records. Con. Stat. 3564. If these records show that 
the above named voters were not charged with poll tax, 
it raises a presumption that they were not liable. 

In the same list, it appeared that D. H. Hupe and I. L. 
Freeze were not questioned as to their 1919 tax, and that 
J. L. Sigmon paid in Catawba County. The following 
were not found on the records, and could have paid in 
some other county, or might not have been liable in Ire¬ 
dell County: C. H. Galliher, H. E. Johnston, W. T. Ear¬ 
lier, B. A. Shaw, A. L. Wall, Rowland Benfield, J. L. 
Moose, S. N. Shaver, Jule Byers, M. B. Blankenship, 
J. W. Sipe, and W. C. Stephenson. R. 843, 841, 849, 852, 
874. 


18 


Pages 20, 21 and 22 contain list of soldier voters which 
contestee claims had not paid poll tax, whereas Miss Eu¬ 
lalia McLelland testified that the following were not 
charged with poll tax: R. 830, 841, 848, 863, 867, 843, 
884, 888, 894, 903, 926, and 940: J. L Lewthorpe, A. C. 
Aldredge, W. D. Brown, 0. H. Bost, W. E. Roseman, 
P. M. Raymer, Martin Sipe, T. W. Pierce, Roy L. Redmon, 
S. G. Goodin, J. E. Cain, Frank Hill, P. Templeton, 
Harvey Mullis, Alec Marlowe, P. C. Chapman, Charles 
Gobel, M. C. Hine, J. C. Journey, I. L. Sneed, J. E. John¬ 
ston, Marshall Reminer, H. E. Tolbert, P. W. Wilhelm, 
Clinton Mayhew, C. B. Baxter, H. C. Beaver, Sam Over¬ 
cash, E. F. Perkins, J. P. Rhynehardt, J. C. Sherrill, Ed. 
C. Snipes, L. F. Walker, W. B. Weddington, F. D. Wed- 
dington, N. S. Brawley, J. E. Follett, I. M. Overcash, 
JB. F. Wilhelm, L. L. Dishman, Roan Dison, Hoyt Mill- 
saps, Felix L. Williams, Fletcher Bass, J. E. Johnston, 
Joe Stephenson, and John A. Barkley. 

The following were not found liable for poll tax on the 
tax books: Jesse Overcash, J. A. Benfield, D. P. Sum¬ 
mers, Harrison Wooten, F. E. Lippard, R. G. Church, and 
Everett Troutman. R. 828, 852, 830. 


ROWAN COUNTY 


The contestee’s brief, pages 33 to 36, endeavors to 
establish the validity of a number of ballots which the 
contestant has challenged. The contestant reiterates his 
former contentions as to these names, and adds further 
testimony from the record. No effort was made to show 
that J. E. Morrison, J. H. Davis, W. V. Towson, L. A. 
Lentz, F. W. Sigmon, J. J. Perry, and J. F. Cook did not 
pay their poll tax. The foregoing and the following 
names were testified to by J. H. Dorsey, R. 408, as not 
having paid poll tax prior to May 1, 1920, according to 
the certified list filed with the Clerk of the Court prior 



19 


to May 10, 1920, as required by law: A. L. Walton, J. L. 
Clement, 0. B. Eller, M. N. Eller, Roy Sigmon, J. L. 
Lomax. The Sheriff testified that the persons named in 
this latter list paid their poll taxes, R. 997, but on R. 999, 
he testifies thus: Q. “Their names appear in your cer¬ 
tified list, don’t they?” A. “I could not say, positively. 
Some of them do.” Q. “Sheriff, is your testimony from 
the certified list or from the tax books ?” A. “From the 
tax book.” Q. “Do you consider this more authentic 
than the certified list?” A. “Well, I checked it, but of 
course a man may make mistakes.” It will be noted that 
throughout the hearing of the contestee, the non-poll-tax 
lists testified to from each precinct by the Sheriff were 
not checked with the certified lists. 

K. L. and L. B. Cress voted Democratic tickets. R. 450. 

B. F. Williams—Family resided Granite Quarry Pre¬ 
cinct. He voted West Ward Precinct, R. 451. 

K. L. and L. B. Cress, B. F. Williams, L. C. Hambley, 
H. P. Lefler, B. T. Mitchell, W. H. Crawford, T. N. Fuller, 

C. A. Peck, H. Butler, C. A. Hughes, E. G. Walton, A. T. 
Ragan, R. Cousins, Boyce P. Beard, P. E. Lewis, D. E. 
Daniels, C. S. Gore, S. H. McCubbins, H. Cutherell, J. F. 
Hartmann, H. F. Ryann, Wiley Pickens, T. E. Buerbaum, 

D. N. Rouche, H. W. Lee, H. W. McSwain, W. S. McSwain, 
Clifton Quinn, John C. Busbee, L. V. Joyner, B. W. Mc¬ 
Kenzie, L. H. Clement, Jr., Charles Parker, W. T. Raglan, 
J. H. Lyons, Jr., Charles L. Shaver, Donald Clement, 
M. A. Rogers, W. M. Miller, Arthur Lentz. This list, 
Cress to Lentz (pp. 33-34, brief), inclusive, we again 
allege had not paid their poll tax. 

J. A. Ryann not in army and no ,poll tax, R. 459. 

J. P. Spencer not in army and no poll tax, R. 452, 458, 

1222. 

Alfred Buerbaum not in army and no poll tax, R. 452. 
1. T. Burney voted Democratic ticket and no poll tax, 
R. 470. 


20 


E. B. Arey, no poll tax, R. 488, and, not registered, 
R. 1220. 

Dan Hartmann, over 80, had lived in that precinct for 
over twenty years, R. 1225-1222. 

As to the list (brief, 34) beginning with Casper and 
ending with Nussman: Casper, R. 1166, Stoker, R. 1166, 
68, Petrie, R. 1173, 74, Hofman, R. 1173-74, Roger, R. 
1173-74, H. E. and C. D. Hoover, R. 1210, Little, Kennedy, 
Brunner, R. 1210, Maness, Owen, R. 1235, Henderson, 
Beck, R. 1242, Nussman, R. 1247. All of these voted 
Democratic tickets, as references will show. 

C. H. Lucas voted Democratic ticket, R. 467, 1195; 

N. M. Casper is a lady and voted the Democratic ticket, 
R. 1195; Murray Bane voted Democratic ticket, R. 1195- 
96; C. H. Sherwood voted Democratic ticket, R. 1059; 
J. P. Spender voted Democratic ticket, R. 1221, and no 
poll tax paid, R. 452; R. N. Lewis voted Democratic 
ticket, R. 1242; Edgar Griffin voted Democratic ticket, 
R. 1242; Floyd Kincaid voted Democratic ticket, R. 1242; 

O. H. Etheridge voted Democratic ticket, R. 1247; C. S. 
Freeman voted Democratic ticket, R. 1247; Mr. and Mrs. 
Young were Democratic non-resident absentee voters, 

R. 439; E. W. Fetzer, W. C. Gorman, S. A. Blackmer, 

S. H. Wiley, R. E. Ramsey, Jr., J. A. McKenzie, W. H. 
Hardin, Jr., James Hambley, Preston Buford, C. S. Den¬ 
ney, T. F. Klutz, no poll tax and non-resident Democratic 
absentee voters, R. 451-52-53; C. E. Combs voted Demo¬ 
cratic; he and his family have been residents of Wash¬ 
ington, D. C., for several years, R. 479-78-85; L. A. Shu¬ 
man voted absentee Democratic ticket, no poll tax paid, 
R. 480; Felix Bradley, no poll tax, voted Democratic 
ticket, was a non-resident, R. 485; Douglas Collins and 
G. S. Boylan were non-residents, had paid no poll tax, and 
voted absentee Democratic votes, R. 486, and not regis¬ 
tered, R. 1220; O. F. Barnes is and has been a resident of 
Davidson County for years, and was voted absentee, R. 
1223; registrar testifies that D. 0. Miller, on poll book, 
should be G. Z. Miller, and that he was a soldier; G. Z. 


A 



21 


Miller does not live in that precinct, and was not a soldier, 
R. 1220; F. M. Miller not testified about in the record. 
R. M. Poge, W. F. Parker, E. L. Jones, Thomas Baker, 
Z. P. Smith, G. M. Russell, voted Democratic ticket, and 
as to these, there is testimony tending to show that they 
were not of poll tax age, R. 1047, but it appears that they 
were registered in the Democratic primary. May, 1920, 
and that citizens could not locate them, R. 1220. Sam T. 
Ellis, Richard Henderson, Thomas J. Martin, Luther 
Moore, S. W. File, L. E. Pennington, G. W. Rufty, regis¬ 
tered as 21 in the Democratic primary held May, 1920, 
R. 1047, and their names appear in the absentee list, R. 

489. These could not be located in a 1919 city directory 
of Spencer, East Spencer, or Salisbury, R. 489 and 1220. 
It should be noted that the contestee was careful to select 
from the list of absentee voters those who were registered 
for the Democratic primary. May, 1920, that advantage 
might be had of the presumption this raises of the pay¬ 
ment of poll tax, but he is reminded that this is not con¬ 
clusive. The majority of the names on page 35 of con- 
testee’s brief are of this class; W. J. Allen (21), W. P. 
Andrews (50), T. J. Bailey (21), J. A. Barker (50), H. A. 
Bullen (50), D. P. Cagle (21), B. W. Carter (50), T. J. 
Connor (21), 0. W. Coates (21), E. M. Coates (50), E. P. 
Dunstan (21), L. W. Davis (50)—these names—figures 
opposite indicate age—Allen to Davis, were identified, R. 
501-2-3, as part of the absentee vote in East Ward pre¬ 
cinct. Old citizens in that precinct were unable to locate 
them, R. 1222. They were all registered on May 1, 1920, 
for the Democratic primary. In the middle of this last 
list appears this: ‘'0. F. Barnes, duly registered, poll 
tax paid,” this in East Ward precinct. Just above, same 
page, 35, contestee’s brief, “0. H. Barnes should be 0. F. 
Barnes,” etc. This in North Ward Precinct. 0. F. 
Barnes has been a resident of Davidson County for years, 
R. 1222. Same page brief, next to name of 0. F. Barnes 
appears this: “L. E. Barker, duly registered,” etc., R. 

490, 501, 1064, of record shows that it is L. E. Beaker, 


22 


and that he left the county about 1908, R. 491. R. W. 
Davis and W. A. Deal, over 50, R. 1064, but residents of 
that precinct unable to locate them, R. 1222; E. B. Denny 
has not been a resident of Rowan County for years, R. 
1223; S. T. Dorset!, resident of Washington, D. C., fo/ 
the past eight years, R. 492; T. M. Ernhart could not be 
located, R. 492; R. G. Erp, registered as 21 in the Demo¬ 
cratic primary in May, 1920, and is unknown, R. 1064; 
Charles Edwards, about 30, and left the county in 1919. 
No poll tax had been paid for any of the above named per¬ 
sons, inclusive from Barnes to Edwards, R. 491-92; R. W. 
Elmer skipped a bond during the summer of 1920, his 
whereabouts is unknown, and he voted absentee ticket, 
R. 490, 1221; John Ford, unknown by registrar, R. 1067, 
and no poll tax, R. 492; W. M. Howell and E. W. Jones, 
both 21 and registered at the Democratic primary. May, 
1920, could not be located, R. 1222; Walt Keegan Is a pro¬ 
fessional wrestler, R. 1066, 492; J. R. Monroe could not 
be located by registrar or others, R. 1065, 1222; J. H. 
Monroe could not be found on registration book, R. 1222; 
A. W. Myers and E. W. Hail, registered for Democratic 
primary in May, 1920, but could not be located, R. 1222; 
Robert Nicholson voted twice and no poll tax paid, R. 
1051, 1064, 512; W. L. Rankin was a non-resident and no 
poll tax paid, R. 493, 1064; F. S. Smith, non-resident and 
traveling showman, R. 492, 1066; Thomas Murphy, Jr., 
no poll paid and non-resident, R. 492; E. T. Taylor, Ed. W. 
Young, registered as 21 in May, 1920, at the Democratic 
primary; they are unknown and could not be located, R. 
492, 1222; the entire list from V. J. Allen to Young was 
identified as part of absentee voter list in East Ward, R. 
490, 500, 501-2-3. Grover, Democratic Registrar, South 
Ward Precinct, testified that T. L. Whisnant lived at 118 
South Clay Street. This is the residence of a carnival 
owner, and it is further shown that Whisnant is a non¬ 
resident, R. 510. He also testified that W. P. Smith gave 
the same address; the occupants know no Smith by those 
initials; no poll tax was paid, R. 512, 1221, 1052; no 




23 


Charles E. Julian appears in the record; Charles S, 
Julian, no poll tax paid, and non-resident, R. 511; J. D. 
Lincoln, no poll tax, R. 511; J. 1. Lincoln, no poll tax, 511; 
W. T. Cook, unknown, no poll tax, R. 512; Floyd Ran¬ 
dolph, unknown and no poll tax, R. 572; W. H. Davy, un¬ 
known and no poll tax, R. 512; C. L. Daniels, no poll tax, 
R. 512. The list, from Whisnant to Daniels, inclusive, 
were voted absentee, R. 510, to 513; Roy Cauble, no poll 
tax, R. 512; J. W. Compton, no poll tax, R. 512; J. D. Rice, 
no poll tax and not listed, R. 512; A. P. Buford, no poll 
tax; E. W. Crowther, not resident of State long enough 
to vote; R. E. Nicholson, no poll tax; E. M. Allen, no poll 
tax, R. 512. P. D. Clark, non-resident, R. 451, 463, 1222; 
Lawrence C. Hayes, R. 513; Fraley Hess, no poll tax, 513, 
1221; J. C. Butler, no poll tax, 513; R. E. Shannahan, no 
poll tax, non-resident, R. 513; J. L. Hales, non-resident, 
R. 1195. The contentions of contestant as to list of names 
in contestee’s brief, pp. 36 to 66, is still maintained. 

The charge in contestee's brief, p. 37, that contestant 
has repeated lists and tabulations can not be sustained. 
The charge that (contestee’s brief, p. 37) “Two hundred 
thirty-five (235) names mentioned on page 55, con¬ 
testant's brief, are practically all included in the list 
given by contestant on pages 21, 22 and 23 of his brief,” 
is not supported by the facts. Contestant's brief, pp. 44 
and 45, shows that 405 absentee votes were cast in Salis¬ 
bury Township; 170 of these were identified and their 
lack of voting validity shown. The contestant contends 
that the entire absentee vote in this township, as well 
as the rest of the county, should be disregaraeCT, not only 
for the reason that the legal could not be separated from 
the illegal, but for the reason that the Clerk of the Court 
testified that at no time were there any ballots or ab¬ 
sentee certificates returned to his office, R. 406. 

In the contestee's answer to the contestant's notice, he 
named about 700 votes, which he claimed were illegal on 
account of non-payment of poll tax. That this is not true 
was made evident at the contestee's hearing. At this 


24 


time, he cited very few of the names which he had placed 
on his original list, but instead presented another list of 
about 400 names and charged that they had not paid their 
poll tax, and that their votes were consequently illegal. 
This list was testified to by Sheriff J. H. Krider, a Demo¬ 
crat. He also testified, R. 999, that his testimony in re¬ 
gard to non-payment of poll tax was secured from the 
tax books and not from the certified list; that he would 
not swear to the exactness of the certified list, and he 
could not say that the persons about whom he testified 
did not pay their taxes in townships other than the ones 
in which they voted, or in other counties; R. 999, 1024; 
the best evidence is to have them produce their tax re¬ 
ceipts, R. 1000; that tax receipts are not numbered and 
there is no way to check against duplications, R. 1025. 
Evidence that all mistakes in tax and poll books were 
made by Democrats, R. 1324. The following are from 
the contestee’s second list, and the figures opposite their 
names cite references of refutation: J. J. Lee, 1016; 
G. L. Stirewalt, 1175; J. L. Lippard, 1178-79; Charley 
Roseman, 1178; A. L. Sherrill, 1187; A. N. Safrit, 1187; 
J. R. Seaman, 1187; Horace Graham, 1190, 1031; A. L. 
Ritchie, voted Democratic ticket and was challenged by 
the contestee, 1195; C. A. Smith, 1195; N. M. Casper, a 
w^oman, voted Democratic ticket, 1195; L. B. Bogle, 1195; 
C. C. Faggart voted Democratic ticket, 1196; R. E. 
Louder, Walter Mesimore, 1200; J. 0. Brown, not on poll 
book and unknown, 1201, 1214, 1221; Charles Yost, 1204; 
A. E. McDaniel, R. G. Smith, J. D. Osborne, R. G. Day- 
vault, 1205; G. T. Hermann, 1025, 1026; J. W. Graham, 
1210-11; J. E. and T. L. Beeker, Douglas L. Roseman, 
1210; J. W. Saunders, 1214; C. C. Brady, 1018; Elmer 
Waller, 1018, 1247; B. L. Word, 1215, 1216, 1217; A. N. 
Misenheimer, 1216; H. L. Grant, W- W. Artz, 1215; C. H. 
Sherwood, voted Democratic ticket, 1219; Henry Dobson, 
1 * 221 ; C. F. M. Graham, 1221; G. L. File, Burley Yost, a 
woman, C. S. Parish, J. D. Richardson, 1221; H. A. Mc¬ 
Daniel, not registered, 1221; R. P. Armstrong, 1221; 


25 


J. P. Spencer, voted Democratic ticket, 1221-22; R. W. 
Elmer, 490, 1221; L. W. Ludwig, 1223; M. L. Haigler, 
voted Democratic ticket, 1223; Jess Ennis, 1223; R. L. 
Russell, 1223; D. W. Myers, 1033; Archie Roseman, 1229, 
1232, 1246; J. 1. Bradshaw, 1231; W. L. Lefevres, Grover 
Cook, James L. Moore, 1233, 1244; Ezra Miller, 1234; 
Adam Kirk, 1240; H. C. Beaver, 1241; E. D. Buckner, 
1241; W. H. Wallace, 1242; Floyd Kincaid, voted Demo¬ 
cratic ticket, so did R. M. Lewis, Edgar Griffin, R. B. 
Beck, 1242; S. R. Hendren, 1244; Raymond Thornburg, 
voted Democratic ticket, 1245; James H. Milan, voted 
Democratic ticket, 1245; Ralph P. Hansel, 1245; R. E. 
Miller, 1247; E. R. Brotherton, B. L. Price, R. M. Gantt. 

R. E. Huffman, 1247; L A. Nussman, voted Democratic 
ticket, 1247; W. N. All bright, J. T. Tillinghast, J. L. 
Stiller, 1247; C. S. Freeman, voted Democratic ticket- 
1247; Henry Johnson, W. D. Spake, 1247; G. S. Arthur. 

S. J. Lentz, H. S. Plyler, 1022, 23, 24; W. F. Kiser, 1024; 
Eugene Ridenhour, 1029; Harrison C. Threll, 1036-37; 
C. A. Earnhart, 1053; Louis Honebarrier, 1068; Charley 
Goodman, 1070; S. A. Smith, 1195; H. H. Stirewalt, 1008. 
1195. 

The following were challenged as non-residents, but 
their qualifications are established, as references to their 
testimony will show: Berry Strieker, 1182; T. R. Lingle. 
1216, 17; Mrs. T. R. Lingle, 1216, 1038; Mr. and Mrs. 
B. M. Eagle, 1216, 1038; John L. Peeler, 1216; W. F. 
Fish, 1240; G. M. Fox, 1240; L. M. Troutman, 1207- 
08-09. 


The following were challenged for the reason that they 
were not registered, but the contestee has failed to main¬ 
tain his charge: Calvin Eagle, 1171-72; D. J. Bean, 1167; 
D. T. Roseman, 1177; H. A. Ketner, 1178, 1239; E. F. 
Wilhelm, 1178, 1243; A. T. Ketner, 1178, 1240; M. C. 
Whitman, 1241; A. W. Pinnick, 1221; J. A. Tutterow, 
1221, 1247; W. Nt Henderson, 1222, 1062. 


26 


From time to time, during the contestee’s hearing, 
Sheriff Krider was called upon to testify regarding lists 
of voters from the various precincts throughout the 
county in which they voted. The contestee’s brief pays 
no attention to the many refutations to his claims re¬ 
garding challenges of purported Republican voters for 
the non-payment of poll tax. These refutations were in 
the form of tax receipts for the challenged parties show¬ 
ing that they had paid their poll tax, and were presented 
to the Sheriff and other witnesses of the contestee during 
the hearing. There are twenty-eight precincts in Rowan 
County, and after the Sheriff presented his lists for the 
sixth precinct, the following is found on page 1018 of the 
Record: “Q. You came up here with these names; have 
you checked them against your certified list? A. No, 
sir. Checked them against the tax books. Q. Did you 
check any against your certified list? A. No, sir. Q. 
How does it happen, then, Sheriff, that you checked 
against your tax books and challenged all these men ana 
we have produced about twenty-five receipts, and you 
admit them? A. I testified as to the townships the 
names came under.” 

The contestee in his answer to the contestant’s notice 
of contest charged about 700 against the contestant as 
being illegal on account of non-payment of poll tax. In 
his new list which he used in his hearing, he included a 
good number of the ones he had charged originally. The 
contestant having had notice of this part of the chal¬ 
lenges, as has been shown above, was able to refute com¬ 
pletely these charges. The contestee has taken very 
little notice of these refutations in his brief. The con¬ 
testant s rebuttal begins on page 1166 and continues for 
92 pages. This the contestee disregards entirely. The 
Committee will note that many votes challenged by the 
contestee for non-payment of poll, were later proved to 
have voted for him. 

We are of the opinion that our subsequent inquiries 
have strengthened the contentions made in our original 


i 




27 


brief, and for the reasons therein stated, supplemented 
by those herein advanced, we again ask that the con¬ 
testant, James I. Campbell, be given the seat in the 67th 
Congress now held by the contestee, Robert L. Doughton. 


JAMES J. BRITT, 

WALTER L. CAMPBELL, 
Attorneys for Contestant. 




UNITED STATES OF AMERICA 


SIXTY-SEVENTH CONGRESS 
CONTESTED ELECTION CASE 


JAMES I. CAMPBELL 

y. 

ROBERT L. DOUGHTON 

FROM THE 

EIGHTH CONGRESSIONAL DISTRICT 
OF NORTH CAROLINA 


BRIEF FOR GONTESTEE 


T. W. BICKETT, 

Attorney for Contestee. 










CONTESTED ELECTION CASE 
of 

JAMES 1. CAMPBELL 


ROBERT L. DOUGHTON 


BRIEF FOR CONTESTEE 


By way of introduction: 

We think it will be helpful to the committee in its approach 
to the consideration of this case to have before it certain out¬ 
standing and uncontroverted facts. 

The contestee, R. L. Doughton, was first nominated for Con¬ 
gress in the Eighth North Carolina District in the year 1910. 
At that time the District was represented by Hon. Charles H. 
Cowles, a Republican. Mr. Doughton was elected by a ma¬ 
jority of 759. 

In 1911, Wilkes County, which in 1910 gave Mr. Cowles a 
majority of 1,185, was transferred to the Seventh District, and 
in 1912, Mr. Doughton defeated his Republican opponent, the 
Hon. G. B. D. Reynolds, by a majority of 3,102. 

In 1914, the Republican nominee was Hon. F. A. Linney, State 
Republican Chairman, and the candidate for his party for Gov¬ 
ernor in 1916, and Mr. Doughton defeated him by a majority 
of 1,816. 

In 1916, the Republican candidate was Hon. H. S. Williams, 
who was then and is now the floor leader of the Republican party 
in the General Assembly of North Carolina, and Mr. Doughton 
defeated him by a majority of 1,838. 

In 1918, Hon. Frank A. Linney, now United States District 
Attorney for the Western District of North Carolina, was again 
the Republican candidate, and Mr. Doughton defeated him by 
a majority of 2,279. 

Mr. Doughton holds his seat in the Sixty-seventh Congress 
by a certified majority of 1,078. There was an admitted clerical 
error against Mr. Doughton of ten votes in Cabarrus County, 
and this gives him a majority upon the face of the corrected re¬ 
turns of 1,088 (R. p. 19 and 1,069). 


1 




2 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


It thus appears that the contestee has been elected to Con¬ 
gress for six consecutive terms and now for the first time his 
right to his seat is questioned. 

In his notice of contest, Dr. J. I. Campbell files no charges of 
any kind against the contestee, and in the record of over 1,500 
printed pages there is not a suggestion that Mr. Doughton, 
directly or indirectly, did anything or said anything contrary 
to law or at variance with the finest sense of honor and propriety. 
Such are the proportions and the texture of the man whom this 
committee is asked to turn out of Congress. 

Dr. Campbell, a Solitary Complainant 

The Eighth North Carolina District is composed of nine coun¬ 
ties. The certified returns show that the Republicans received 
a majority of the votes cast in six of these counties, while the 
Democrats carried but three. No other Republican in the Dis¬ 
trict has challenged the election of his Democratic opponent, 
although every word of the evidence offered against Mr. Dough¬ 
ton applies with equal force to every Democratic candidate on 
the National, State and County tickets. 

Under the laws of North Carolina the votes are canvassed by 
county and State boards. The county board of canvassers is a 
judicial body, whose duty it is to canvass and judicially deter¬ 
mine the number of legal ballots cast in each precinct tor each 
county. Consolidated Statutes, 5,986. It is the duty of the 
registrars on the days prescribed by law to hear all parties who 
may desire to question the right of any registrant to vote. In 
addition to these election tribunals, the courts are wide open 
and stand ready to correct illegalities and to prevent wrongs. 
The contestant in this case made no appeal to any election offi¬ 
cial or tribunal, and no appeal to the courts, but the first notice 
that we have of his alleged grievances is when he files his no¬ 
tice of contest, fifty-three days after the election. 

Answer to Contestant’s Brief 

The law requires the contestant to file with the Clerk within 
thirty days after the evidence is printed “a brief of the facts 
and the authorities relied on to establish his case.” The con¬ 
testant files no authorities whatever, and we must, therefore, 
be content to answer the alleged facts in his brief, upon which 
under the law he must now rely. 

Intimidation 

Pages 4 to 20,^ inclusive, of contestant’s brief deal with the 
charges of intimidation. In a general way these charges are that 
“friends, partisans and adherents” of the contestee misrepre¬ 
sented the attitude of the Republican party in North Carolina 
towards the negro in politics, and that by talk, circular letters, 
newspaper articles, pictures and cartoons they sought to create 
the impression that the Republican party in North Carolina was 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 3 

in favor of the negro being recognized in politics, whereas, in 
truth and in fact the Republican party in general and Dr. Camp¬ 
bell in particular were opposed to '‘any participancy by them 
in political matters.” 

There is not an intimation in the pleadings or in the proof of 
over 1,500 pages that Mr. Doughton or anyone representing him 
had anything whatever to do with the speeches, letters, pictures 
and cartoons complained of. All the evidence is exactly to the 
reverse, and most robust Republicans testify that Mr. Doughton 
made a clean fight and a clean speech (R. p. 418). 

Boiled down, the charges with respect to the negro question 
are, not that Mr. Doughton lied on anybody, nor that anybody 
lied on Dr. Campbell, but that somebody lied on the Republican 
party. 

If a member of the House of Representatives could be ousted 
from his seat because some of his partisans lied on the opposite 
party, the hall of the House would be empty, and the legislative 
branch of the Government would cease to function. 

In the case of Bonniwell vs. Butler, in the Sixty-third Con¬ 
gress (R. 3rd session, p. 3431, Report 1523), it was charged that 
a committee especially organized by friends of Mr. Butler pub¬ 
lished libel articles about Mr. Bonniwell and that a newspaper 
owned and controlled by one who was the personal representa¬ 
tive of Butler published an editorial attacking Mr. Bonniwell 
on account of his religion. The committee condemned the libel 
and the appeal to religious prejudice, but held that inasmuch 
as it was not shown that Mr. Butler himself authorized these 
publications, they afforded no ground of contest. 

Counsel for contestant are not to be criticized for failing to 
cite any authority in support of the position that misrepresenta¬ 
tions and appeals to prejudice, not participated in by the sitting 
member, can deprive him of votes lawfully cast. We have 
sought diligently for such authorities and can find none. 

Moreover, the overwhelming weight of the evidence in this 
case is that the Republican party was not hurt by the matters 
complained of (R. p. 99, 100, 104, 106, 657, 420). It would seem 
that the literature and pictures complained of stirred up the 
Republicans to greater activity than they ever displayed before 
and they polled a record-breaking vote. 

After the most diligent search, the contestant was able to pro¬ 
duce some scraps of evidence that in nine counties and out of a 
total vote of over 64,000, there were just eight people whose 
votes were affected by the negro literature (See contestant’s 
brief, pp. 7, 8, 9,10,12 and 13). 

The only other votes alleged to have been lost by contestant 
under the intimidation charges in his brief are those of Mrs. 
Lake and Thompson, Mrs. Caroline Fox and Thomas Whisnant. 
One woman testified that she heard Mrs. Lake and Thompson 
state that they had been paid $15.00 or $20.00 to vote the Demo¬ 
cratic ticket. In the notice of contest there is no charge that any 
votes were bought, and this evidence ought not to be considered. 
Revised Stat. Sec. 21—McDonald vs. Young, Sixty-third Con- 


4 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


gress. Besides, this evidence was offered by contestant during 
the last ten days allowed him to offer testimony 'hn rebuttal 
only/' It is new matter and ought not to be considered, as 
neither in the notice of contest nor in the original testimony is 
there any reference to these votes. This evidence is a striking 
illustration of the wisdom of the law which allows the contestant 
to take testimony during the last ten days in rebuttal only. Here 
one woman swears she heard two other women say they were 
paid for their votes. These other women have no opportunity 
whatever to contradict this statement. No matter how false it 
may be, we cannot answer it. We objected at the time because 
it was new matter, and we here and now protest against this evi¬ 
dence and all other evidence that brings up new matters during 
the last ten days, being considered by the committee. Revised 
Stat. 107. Hind’s Precedents—Vol. 2—Section 1029. 

With respect to Mrs. Caroline Fox, one witness testified that 
somebody told her that if she voted the Republican ticket, she 
would lose her pension. It does not appear who told her. The 
flimsy character of a vast deal of the contestant’s evidence and 
the weakness of his contentions before this committee are made 
manifest when he insists in his brief that a man ought to be 
turned out of Congress because somebody told an old woman 
that she would lose her pension if she voted for a particular 
party. 

Tom Whisnant swore that the Clerk of the Superior Court of 
Caldwell gave him $2.00 and two drinks of liquor to vote the 
Democratic ticket. Mr. Moore, a man honorable enough to be 
selected by a majority of his fellows to serve them in the high 
and important position of Clerk of the Superior Court, swears 
that he did not give Whisnant any liquor or any money, and 
as a matter of fact, he never saw him to his knowledge until 
after the election. The trouble seems to be that Whisnant was 
so drunk that he did not know when, where or for whom he was 
voting (R. p. 957). 

It thus appears that under the charges of intimidation which 
the contestant paramounts in his notice of contest, and in sup¬ 
port of which he offers evidence covering about one-third of the 
printed record of 1,500 pages, we find only twelve people whose 
votes are even claimed to have been affected by this so-called in¬ 
timidation, and the evidence as to some of these is ridiculous 
and as to all of them inconclusive. 

Dr. Campbell Insists on Publishing a Libel 

We deeply regret the action of the contestant in forcing into 
this record over the vehement protest of the contestee, a paper 
reflecting upon the lineage of the President of the United States. 
The evidence shows that no newspaper in North Carolina, no 
speaker of either party on the stump, no individual of any re¬ 
sponsibility ever referred to this story during the campaign. 
Mr. Doughton had absolutely nothing to do with it, knew nothing 
about it, and when called to his attention, he resented the sug- 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


5 


gestion. The evidence offered by Dr. Campbell is that at one 
place some obscure, irresponsible individual posted up this paper 
at a drug store, some Republican bought it for $5.00 and put it 
in his trunk and brought it to the hearing at Statesville. When 
it was offered in evidence, Mr. Doughton, through his counsel, 
objected and protested that it was a libel on the President-elect, 
and that to make it a permanent record in the annals of Con¬ 
gress would be a horrible injustice and indignity to the Presi¬ 
dent. But in spite of this protest (R. p. 96), Dr. Campbell in¬ 
sisted in making this slander a “memorial forever.” He forced 
into this record an affidavit made by a man who declared him¬ 
self to be a Republican and a member of the Grand Army of the 
Republic, which affidavit, if believed, would cast a cloud upon 
the President's ancestry, and we gravely submit that any man 
so devoid of all sense of justice, propriety, and decency as to in¬ 
sist upon publishing to the world such a slander, in the hope 
of fostering his own selfish ends, is not worthy of a seat in the 
Congress of the Nation. 


Poll Taxes 

Dr. Campbell's record in regard to poll taxes makes an un¬ 
lovely tale. 

In Iredell County the Republican leaders from every section 
held a meeting and after due deliberation reached the conclu¬ 
sion that it would be helpful to the Republican party to secure 
an agreement with the Democrats that there would be no chal¬ 
lenges on account of the non-payment of poll taxes (R. p. 48, 49). 
The Democratic leaders agreed to the proposition submitted by 
the Republicans and all election officials in the county were duly 
advised of this agreement. The “treaty” was reduced to writing 
and signed by the Republican and the Democratic county chair¬ 
men. The terms of the treaty were faithfully observed by both 
sides, and in the entire county not a single voter was challenged 
on account of the non-payment of poll taxes. A zealous Repub¬ 
lican witness testified that in so far as the poll taxes were con¬ 
cerned, there was absolutely a square deal in Iredell County. 

Dr. Campbell was advised of this agreement before the elec¬ 
tion and made no protest (R. p. 53). According to the testimony 
of his partisans, he gained votes by this agreement. He got a 
bigger vote in Iredell than he would have gotten if the agree¬ 
ment had not been entered into (R. p. 55). Having reaped a rich 
harvest from this treaty. Dr. Campbell now calls it a “scrap of 
paper” and over the protest of the Republicans of Iredell seeks to 
obtain a seat in Congress by disregarding their plighted faith. 

We doubt seriously whether any court of law would allow Dr. 
Campbell under these facts to question the right of the electors 
of Iredell vote, although they may not have paid their poll 
taxes. In Ruling Case Law, Vol. 9, page 1175, it is said: 

“A candidate may estop himself from contesting an elec¬ 
tion for an irregularity which he has consented to or in 
part been responsible for.” 


6 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


But Congress is not a court of law, bound by hard and fast 
technical rules, but is a great assembly of the representatives of 
a people whose ruling passion is for fair play. Dr. Campbell 
comes before this august Assembly swearing that he has been 
wronged, and then makes one of the foundations of his case an 
attempt on his part to perpetrate a hideous wrong on the citi¬ 
zens of Iredell County. It is a maxim as old as jurisprudence, 
that he who comes into Equity must do so with clean hands. 
We have no fear that Congress can be tempted to make success 
the reward of duplicity. 

Disfranchising the Soldiers 

There is another chapter in the Doctor’s record on poll taxes 
that is more unlovely than the one just recited. When the sol¬ 
diers of the world war went forth to fight and die for the safety 
and happiness of us all, the people at home sought in all possible 
ways to register their gratitude. We would not allow a soldier 
to be sued in the courts while he was in the trenches. So far 
as the men in khaki were concerned we decreed a moratorium. 

The Attorney General of North Carolina made and published 
a ruling that it was entirely lawful for the County Commissioner 
to exempt soldiers from the payment of poll taxes. This ruling 
was made on April 13, 1920, and is as follows: 

‘‘This office has ruled with reference to soldiers who 
were in France or Germany, or in service in the various 
camps throughout the country at the time for listing poll 
tax in 1919, that they may vote without paying the poll 
tax for 1919. These soldiers, either by their sense of ob¬ 
ligation to their native country, or by compulsion of the 
Federal Government, were, in their service to that coun¬ 
try, placed in such a position that they could neither list 
nor pay these taxes. It would, it seems to us, be manifestly 
inequitable and unjust to deprive them of their right to 
vote under such circumstances.” 

All over the State and in every county in the Eighth District, 
the county commissioners passed resolutions exempting the sol¬ 
diers from the payment of poll taxes during the existence of the 
war. Among the most zealous advocates of this exemption was 
Dr. James I. Campbell. He went before the commissioners of 
his own County of Stanly and made an eloquent plea for the 
soldier boys. The hearts of the commissioners were softened 
by the pleadings of the Doctor, and they hearkened to his prayer, 
and now he is seeking to break into Congress by disfranchising 
the very soldiers whose cause he so eloquently espoused (1091- 
1096). 

It seems that when Dr. Campbell reached his home county of 
Stanly he repented locally of his sin against the soldiers and 
through his counsel announced in open court that he would not 
challenge soldiers or sailors of Stanly County for the non-pay- 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


7 


ment of poll tax (R. 1096, 1097, 1099). Just why the soldiers 
and sailors of Stanly County should be treated with more con¬ 
sideration than those of the other eight counties of the Dis¬ 
trict we leave to the subtle mind of the physician to explain be¬ 
fore the committee. 


Absentee Votes 

The real grievance of the contestant is that absentee voting 
is permitted at all. His “friends, partisans and adherents’" 
have from the time of the enactment of the law bitterly assailed 
it. Although similar laws prevail in over thirty States of the 
Union, the Republican organization in North Carolina made a 
vain effort to have our statute on this subject declared uncon¬ 
stitutional. Jenkins vs. Board of Elections, 180 N. C., 169. The 
reason for this attack upon the law rests in the knowledge of 
the Republicans that under it many, many more Democrats 
will vote than Republicans. This is true because a great ma¬ 
jority of the traveling men, the school teachers, the students in 
the colleges and workers on the railroads are of the Democratic 
faith. Moreover, for the past eight years practically all of our 
citizens holding governmental positions in the State and in the 
Nation that would take them away from home, are Democrats. 
The “friends, partisans and, adherents” of the contestant are 
perfectly familiar with these conditions, hence, their violent 
antipathy to a law that simply provides that a man need not 
necessarily be disfranchised because he is compelled to be away 
from his home, or is ill on the day of election. 

To him who wears green glasses all things assume a verdant 
hue. Despising this law, the contestant can see in its adminis¬ 
tration nothing but evil, and he really believes that the law 
should be so construed as to defeat its purpose rather than ad¬ 
vance it, a rule at variance with every known principle of con¬ 
struction. 

The chief, and practically the only legal objection urged 
against the absentee votes cast for Mr. Doughton is that the 
election officials did not return to the Register of Deeds all ab¬ 
sentee ballots and certificates. The statute in regard to this 
matter is as follows: 

Absent voter may sign name on ballot; ballots and cer¬ 
tificates to be kept. In voting by the method prescribed 
in this article the voter may, at his election, sign, or cause 
to be signed, his name upon the margin or back of his bal¬ 
lot or ballots, for the purpose of identification. The bal¬ 
lot or ballots so voted, together with the accompanying 
certificates, shall be returned in a sealed envelope by the 
registrar and pollholders, with their certificates of the re¬ 
sults of the election, a nd hept for six mo nths, or, in case 
of contest in the courts, until the results are finally de¬ 
termined” (Consols. Stat. Sec. 5966). 



8 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


The contestant insists that under this law all absentee ballots 
and certificates must be returned to the Register of Deeds and 
preserved. The election officials after consultation with learned 
counsel, reached the conclusion that only the ballots upon which 
the elector signs his name for purposes of identification, with 
the accompanying certificates, must be so returned and pre¬ 
served. The reason for this interpretation is stated by a wit¬ 
ness for the contestant on page 42 of the record. On our cross- 
examination this witness said: 

‘Tn the absentee voters^ law it requires the ballots to be 
opened at 3 o’clock, and the envelopes torn open at 3, the 
ballots taken out with the certificate and the ballots de¬ 
posited in the ballot box. That is the law. Now, then, 
this law here says that the ballot, together with the cer¬ 
tificates, shall be sealed up in the envelope. Unless the 
ballots have the name of the voter signed on them, it would 
be an absolute impossibility to get that ballot out of the 
ballot box and separate them from the other ballots—that 
would be a physical impossibility; therefore, knowing the 
election law, having studied it, I came to the conclusion 
that the law does not require you to keep the ballots, as 
it stated in this law specifically what should be kept and 
being silent as to the other.” A very prominent Repub¬ 
lican endorsed this interpretation (R. p. 62). 

We submit that this interpretation of the law given by con¬ 
testant’s own witness is the proper one. The words “the ballots 
so voted, together with the accompanying certificates” of neces¬ 
sity refer to those ballots upon which the elector has signed his 
name for purposes of identification. This is the natural con¬ 
struction from the very language of the statute, and from the 
physical impossibility of applying any other construction, as so 
forcefully pointed out by the witness for the contestant. No 
possible harm can result from this construction for the reason 
that the poll books, which are preserved and are made evidence 
in all the trials, show the name of every person who voted, and 
if any party so voting was not a duly registered and qualified 
voter, this may be shown in any trial or investigation. Consol. 
Stat. 5971 (R. p. 39). 

But if learned and conscientious election officials should have 
erred in the interpretation of this law, such error cannot have 
the effect of depriving a lawfully qualified voter of his right to 
cast his ballot, and to have it counted. 

“Where the statute makes it a misdemeanor for any 
officer of elections to place any number or mark upon the 
ballot of a voter but does not declare that ballot so marked 
or numbered shall be rejected, the true rule is to receive 
and count them. To reject such ballots would be to estab¬ 
lish a rule under which an officer of election could destroy 
the effect of a ballot cast in good faith by placing a mark 
or number. Moss vs. Rhea, 57th Congress.” 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


9 


“It is a well established principle of law that a lawful 
vote, honestly cast, may not be rejected because of irregu¬ 
larity in the conduct of an election officer. Larazola vs. 
Andrews, 60th Congress.’' 

“The courts have uniformly held that in the absence 
of fraud, the voter cannot be deprived of his vote by the 
omission of election officers to perform the duties imposed 
upon them by law. It is only where the law has expressly 
declared the ballot to be void that the courts have sanc¬ 
tioned its rejection. Gaylord vs. Cary, 64th Congress.” 

The case of Woodall vs. Highway Commission, 176 N. C. 378, 
lays down the law in accordance with the quotations above given. 
In that case the registrar failed to administer the oath to a 
number of electors. The court held that the vote should be 
counted for the reason “that the object of election laws is to 
afford qualified voters a fair and full expression of their wills; 
and where the result has been fairly obtained and without fraud, 
it will not be defeated by mere irregularities in conducting the 
election.” 

What is here said applies with equal force to all the charges 
of irregularity made by contestant. 

“Unlawful Registration Methods” 

The irregularities charged in the brief under the above head 
are substantially covered by what has been heretofore said. 
It is a general rule in all jurisdictions that the details of regis¬ 
tration are merely directory, and the failure to observe them 
can never deprive an elector of his constitutional right to have 
his vote counted. The processes of the law are not permitted 
to prevail over the principles upon which the Government is 
founded. The general rule is stated in Corpus Juris, Vol. 20, 
page 87, where among other things it is held that an elector 
cannot be deprived of his vote because the registrar failed to 
enter his name, or where he was registered by a third person 
with whom the registrar had left his books, or because of the 
registrar’s failure to post a list of the electors, or because of 
the irregularity as to the time of the registration. The Supreme 
Court of North Carolina follows the general principles enunci¬ 
ated in Corpus Juris and holds that a registrar may receive a 
certificate and administer an oath to a voter outside of the 
precinct for which he acted, and enter the name on the regis¬ 
tration books after his return home. Boyer vs. Teague, 106 
N C 176. A qualified voter cannot be deprived of his right 
to* vote because he was registered by a third person. Quinn vs. 
Lattimore, 120 N. C. 426. ... , ^ ,. 

In all the cases with which we are familiar in North Carolina, 

it is held: 

“Where the vote of an elector has been received and 
deposited by the judge of the election, it is presumed to 


10 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


be a legal vote and the burden is upon the contesting 
party to show its illegality. And where the vote of the 
elector is received and deposited, it will not afterwards 
be held to be illegal if he is a qualified voter, though he 
may not have complied with the minutiae of the registra¬ 
tion law. Woodall vs. Highway Commission, 176 N. C. 
378 .^^ 

Complaint is made that the registrars in a few isolated cases 
declined to leave the place of registration for the purpose of 
registering electors. The law does not require the registrar 
to leave his home or the polling place to register anyone. If 
he does so, it is of grace and not of necessity. Consol. Stat., 
5947. 

The Reckless Charges Against Election Officials 

The wholesale and undigested charges made by contestant 
against the election officials is merely another illustration of the 
fact that no matter how pure and upright a man may be in 
private life, as soon as he takes any official position he becomes 
an object of suspicion and a legitimate target for misrepre¬ 
sentation and abuse. 

The laws of North Carolina require the registrars and judges 
to be men '‘of good repute, and they may be removed at any time 
for misconduct in office.’" (Consol. Stat. 5929-5969.) 

The contestant raked the District with a fine-tooth comb for 
evidence to support his charges, and yet he failed to produce a 
single man who would swear that the election officials are not 
the kind of men the law requires them to be. All the evidence 
is that these officials are good men, and every one of them can, 
in his own precinct, establish a character quite as good as the 
contestant or the contestee can in his. 

In the election of 1920 the duties of these officials were 
enormously increased because for the first time in the State the 
women were permitted to vote. No additional help or facilities 
were provided to take care of this increased vote. That the 
officials made mistakes is freely conceded. It is a miracle that 
they made no more. In a spirit of unselfish patriotism they 
worked day and night to give an opportunity to the women to 
register and vote, and for this unselfish service they deserve all 
praise, instead of the abuse heaped upon them by the contestant. 

The Laws of North Carolina Safeguard the Ballot 

The General Assembly of North Carolina has hedged the 
ballot about with every possible protection. It has made it a 
misdemeanor, punishable by fine and imprisonment in the com¬ 
mon jail: (a) for any officer or judge or registrar of an election 
to fail to prepare the boxes, tickets and blanks, or to distribute 
the same, or to perform any other duty within the time and in 
the manner prescribed by law; (b) for any person to break up 
or stay or interfere with the holding of an election, or with the 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


11 


possession of any ballot boxes, or to interfere in any manner 
with the performance of a duty imposed upon an election 
officer; . (c) for any person to be guilty of boisterous conduct 
so as to disturb any election officials in the proper performance 
of their duties; (d) for any person to intimidate or oppress 
in any way any voter in the State. (Consol. Stat. 4186.) 

The General Assembly goes further and makes it a felony, 
punishable by imprisonment in the State’s Prison, (a) for any 
person to fraudulently register or cause or procure any other 
person to be fraudulently registered; (b) for any election 
official to make any false or fraudulent entry on any election 
book, or any false or fraudulent return, or any false statement 
on any ticket, or fraudulently omitting to do any act or make 
any report legally required of such official; (c) for any person 
to swear falsely with respect to any matter pertaining to any 
election; (d) for any person to falsely present any exemption 
from poll tax or a certificate or other paper to qualify any 
person to fraudulently vote as an elector; (e) for any person 
to take the oath prescribed for voters corruptly; (f) for any 
registrar of deeds or clerk of the Superior Court to refuse to 
give copies of returns of elections or tabulated statements of 
elections. (C. S. 4186.) 

The General Assembly further provides that if any sheriff 
shall fail to file with the clerk of the court a list of all persons 
who have paid their poll tax for the previous year he shall be 
guilty of a misdemeanor. It is further provided that if any 
officers refuse to permit any candidate or person to have at his 
own expense a copy of the poll books, he shall forfeit and pay 
^200—one-half to the person who shall sue for the same, and 
the other half to the use of the State, provided such copy need 
not be given if the making interferes with the duties of the 
holder of the books. (Consol. Stat. 4196, 4197, 6016.) 

The Right of the Elector to Cast His Vote and Have 
It Counted Superior to All Other Considerations. 

After making the above provisions for the protection of the 
ballot the General Assembly declares ^‘all the provisions of this 
article and of the other election laws of this State shall be 
liberally construed in favor of the right of the elector to vote. 
(Consol. Stat. 5968.) 

We have heretofore considered the general charges made in 
the contestant’s brief. We will now proceed to the considera¬ 
tion of the specific charges of the illegalities, but in the consid¬ 
eration of these charges we must have in mind all the while the 
controlling principles declared by the General Assembly of the 
State that every law shall be liberally construed in favor of the 

We ask the Committee to also have in mind the fundamental 
principle laid down by all the courts and in all the text books 
that “a vote accepted by an election officer is presumed to be 
legal and the burden is on the attacking party to show lack 


12 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


of qualifications in the elector/' (Corpus. Juris. Vol. 20, page 
239.) 


Balance Sheet 

The evidence is not susceptible of being crystalized in terms 
of pure mathematics, but we have carefully examined it all and 
the conclusions reached are as follows: 

In Iredell County the evidence shows that contestee is entitled 
to a majority of 120 or more above that shown by the certified 
returns. 

In Rowan County contestee is entitled to a majority of 221 
more than shown by the certified returns. 

In Ashe County contestee is entitled to a majority of 23 more 
than shown by the certified returns. 

In Stanley County contestee is entitled to a majority of 3 more 
than shown by the certified returns. 

In Caldwell County contestant is entitled to a majority of 16 
more than shown by the certified returns. 

This makes a net gain to contestee of 351 more, which, added 
to his majority of 1088, makes an actual majority of 1439 or 
more, as shown by the facts developed in this investigation. 

Iredell County 

The attack upon the irregularities of election officials in Iredell 
County is more insistent than in any other county in the district. 
For this reason we deem it proper to quote somewhat liberally 
from the record in regard to the conduct of these officials. 

On page 45 of the record A. L. Lowrance, witness for contest¬ 
ant, testified that he was at the place of registration on all the 
days prescribed by law; that he never refused to register a Re¬ 
publican on other days than the four prescribed by law, and that 
he had never heard of any complaint being made by any Demo¬ 
crat or Republican on account of the way he handled the regis¬ 
tration books. Another witness for the contestant testified 
substantially to the same thing on page 73. This witness, upon 
his direct examination by counsel for contestant, testified that 
he treated Democrats and Republicans exactly alike. To the 
same effect is the testimony of Mr. L. O. White, contestant’s 
witness, on page 81. On page 189 Vanhoy, witness for con¬ 
testant, testified that the leading Republicans in the township 
said it was the fairest election ever held in the county, and 
warmly congratulated the election officials upon the honesty and 
fairness of the election. They said it was more like church 
work than anything else. 

Similar testimony to the above is found on pages 47, 264 and 
270. As an illustration of the fairness of the officials it appears 
on page 270 of the record that two Republicans offered to vote 
but their names could not be found on the registration books. 
Upon their declaring that they had registered they were per¬ 
mitted to cast their votes. 

Evidence of a similar character will be found in the record 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


13 


With reference to the conduct of the officials in all the other 
counties. We do not deem it necessary to encumber this brief 
with an further reference to this subject. 

Contestant’s Challenges in Iredell County 

On page 24 of his brief the contestant gives a list of votes, 
beginning with C. E. Earnhardt and ending with 0. T. Gillespie, 
on the same page, a total of 41 votes. Of these 41 the contestant 
fails to show that 30 are liable for poll tax for the year 1919. 
In support of this statement we submit the names of the 30 
not shown to be liable for poll tax, and cite the page of the record 
following each name: 

C. E. Earnhardt, R. 0. Eeaver, J. 0. Eeaver, Q. A. Earkley 
(should be Hugh A. Earkley), W. P. Eass, Carl Eolling, J. A. 
Cook, L. M. Ellis, R. F. Eage (78, 243-245), J. E. Freeland, 
A. M. Freeland, W. S. Graham, A. A. Gibson, 0. M. Hair, A. F. 
Hager, A. F. Hoke, R. A. Hoover (should be R. J. Hoover), 
R. O. Kyles, E. Lambert (79, 243-245), W. H. Mills, J. W. Mills, 
Lon Miller, Carl Kurdock (should be Murdock), J. A. Owen, 
Sam Rogers, S. A. Shuping, R. C. Shumaker, D. L. Warner, 
C. E. Warner, T. F. Wyatt (80, 243-245), total 30. 

With respect to the above 30 names we assert there is not a 
single line of evidence that goes to show they cast an illegal 
vote; they may have been under or over poll tax age; they may 
not have been in the county on the first day of May, 1919, and 
there are other conditions which would have made them not 
liable for poll tax. Under all the rules the burden is upon the 
attacking party to show the illegalities of the votes. 

Eeginning with the name of J. J. Leroy, on page 24, and 
ending with the name of F. E. Henry, on page 25, the contestant 
gives a list of 134 electors who were claimed by him to have voted 
for the contestee without having paid their poll tax. Of this 
list the following 51 were soldiers and were exempted by order 
of the Eoard of Commissioners of Iredell County, made in 
pursuance to the ruling of the Attorney General of the State: 

J. E. Kale (284), Een A. Stimson (287), Fred Lee Eradley 
(290), Raymond Allison (405), Fred Wilson (405), H. C. Eost 
(299, 300), J. C. Playne (309), C. 0. Marshall (315), J. F. Jack- 
son (319), A. W. Lackey (319, 320), Ralph M. Lazenby (320), 
Robert A. McEury McCrury (321), R. L. Moose (322), E. M. 
Shelton (324), J. A. Syke (324), Thomas A. Sanders (325), 
E L Kale (329), H. T. Lee (329), John Mann (331), C. John¬ 
son (335), S. A. Rhyne (339), J. S. Mackey (346), Eugene D. 
Fink (344), J. S. Nesbit (346), T. M. Rogers (346), Mack K. 
Melchor (346, 348), George McLean (349), P. A. Alexander 
(352) H. C. Newsome (352), F. S. Morris (353), J. W. Craw¬ 
ford (355), R. L. Gilbert (356), 0. H. Hoke (357), S. Z. Hoover 
(358) H. G. Morrow (359), C. E. Morris (362), W. D. Waller 
(366)' W. 0. Morrison (372), J. E. Rufty (372), G. C. Reed 
(poll tax paid, money refunded) (360), H. R. Earrier (poll paid. 


14 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


money refunded) (377), Bryan Bradshaw (384), Everette 0. 
Stewart (385), F. R .Scott (see his evidence. Record page 390), 
R. M. Jordan (392), C. S. (Current (395), R. W. Stroud (397), 
C. P. Davidson (403), Frank A. Hill (403), W. F. Warlick (405), 
Roy Thomas (298) ; total, 51. 

This leaves the net charge of 11 out of the first list and 83 
out of the second list, above referred to, making a total net 
charge of 94 votes against the contestee on pages 24 and 25 of 
contestant’s brief. 

Having designated by name and identified by citation to the 
record the 175 electors whose cases we have just considered, 
the contestant with a nonchalance that is refreshing remarks 
that there are 146 others in one place, 22 in another place, and 
200 more in another place, who, by reasonable inference, ought 
to be charged against the contestee. 

The fact is the contestant himself does not consider these 
votes of sufficient importance to give either their names or 
address in the record, but indicates that he is simply throwing 
them in "‘for good measure,” but does not expect the Committee 
to seriously consider them. The reason for this light treatment 
of so great an array of voters is apparent when we come to the 
record: (1) It shows on page 1273 that the P. P. Dulin list 
contains absolutely neio matter offered during the ten days 
allowed the contestant for taking testimony “in rebuttal only.” 
We promptly objected to the introduction of this list and its 
submission was contrary to the act of Congress and the decision 
of the House of Representatives. (Hinds’ Precedents, Vol. 2, 
Sec. 1029). (2) The other witness who presented the list estab¬ 

lishes its utter unreliability. He says that when the contestant 
was taking testimony in chief he prepared a somewhat similar 
list from the records and then subpoenaed the witnesses for the 
purpose of supporting his list, but when they appeared it was 
shown that his list was 65 per cent wrong as to the payment of 
poll taxes (R. p. 1272). And again on page 1276, the witness 
says: ‘T don’t know whether the other list was correct or not, 
and don’t know whether this is correct or not.” 

This list was prepared from scattered memoranda; the poli¬ 
tics of the parties were ascertained by all kinds of hearsay 
testimony; the contestant had no opportunity to check the 
memoranda and, in fact, they were of such a nature as to be 
incapable of being checked; and we insist that when a lawyer 
and a partisan of the contestant, after working for days on a 
list, is not satisfied of its correctness this Committee ought not 
to deem it a thing of value in arriving at the truth. The wit¬ 
ness does not pretend to testify as to how any of these parties 
voted or what their politics are. 

But the most startling of the many grotesque propositions 
that make up the framework of the contestant’s case is found 
on the bottom of page 25 of his brief, where he says that 26 
electors paid their poll taxes, got their receipts, but that there¬ 
after the county officials paid the money back to said electors 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


15 


on the ground that they were not liable for the same, and that 
the net result of the transaction was the disfranchisement of 
these electors. 

We will not mar the originality of this proposition by any 
comment. It should be allowed to stand alone in splendid 
isolation as a mathematical demonstration that a certain wise 
man was talking in his sleep when he said “there is nothing new 
under the sun.’’ 

But the contestant rises to heights of faith hitherto unattained 
in the sordid world of politics when he caps and crowns his case 
with the modest statement that there are “at least 200 more.'' 
(Contestant's brief, page 26.) Like the Scotch lassie in the love 
song, he does not care to tell “what's their name nor where's 
their hame," but is content with the sweet assurance that they 
are there. 

The next charges against Iredell are found on pages 33 and 
34 of the contestant's brief. They are in two groups, the first 
group beginning with the name of Brown and ending with the 
name Calvert, containing 68 names, and the second group be¬ 
ginning with Morrison and ending with Hartney, containing 
26 names, a total of 104 names. Of these the record discloses 
that 98 were duly qualified voters. The names and the pages 
of the record that discloses their qualifications follow: 

This list contains the names of the absentee voters of Iredell 
County who were challenged by the contestant for non-resi¬ 
dence or that they had not paid their poll taxes on or before 
May 1, 1920. Contestant’s Brief (33-34). The records show 
that they are qualified voters. 

E. Clyde Brown (110-11), Arch G. Browning, Fred Baker 
(129), A. D. Feimster, Lloyd G. Browning (130), Miss Emma 
Lunsford (130-31), Miss Bessie Webber, Miss Pearl Webber, 
Miss Annie L. Bradford, Miss Mary Ethel Grose, Miss Beulah 
Belle Bradford, and John Harris (131), W. Carl Smith, Carl 
Morrison, Miss Rosa Guy, B. Mabel Stevenson, Lonnie Little, 
O. P. Summers, E. A. Moore, Hal Brady (138-44), Miss Marie 
Gabriel, Mrs. Lille Frontis (118), Miss Beulah Elam, Miss 
Elizabeth Frye, Miss Grace Gaither, Miss Nannie Moore, Mrs. 
Ida Tomlinson, Miss Louise Tomlinson, Miss Mary Tomlinson 
and E. C. Gabriel (should be C. E. Grandell) (160-63), Rachael 
McLelland, A. F. Marchall (215-17), W. H. Allison, L. R. Alli¬ 
son Mrs. Margaret Allison (249), Mr. and Mrs. C. W. Williams 
(no evidence that they voted) (235-49), C. W. Payne (147-49- 
50, 908-09), Mrs. Mary Teater, Mrs. Alice McLean, Mrs. Lucy 
T McNeely, Mrs. L. M. Bell, Rufus Deaton, Mrs. Mary E. Col¬ 
lins J. A. Alexander, R. B. Templeton, C. L. Guion, R. M. 
Stafford, Mrs. Ella Benfield, Mrs. Mary E. Flores, G. G. Adams, 
F W Gabriel, W. G. Creswell, B. B. Kerr, Mrs. Sue McNeely, 
Mrs Mary Coon, J. E. McNeely (889-90, 897, 903, 935-36), 
W H. Coles (should be W. H. H. Cowles; no evidence as to 
non-residence and only hearsay as to mental condition (252) ; 
Record (927) shows his mental condition good), Mrs. Sarah 
Cowles Self (927-28), J. K. Kerrigan (920), B. F. Bell, Mrs. 


16 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


B. F. Bell, Arthur Bell (934-35), Will Bell, J. C. Burgess (271) : 
not sufficient evidence offered to disqualify either; Mr. and 
Mrs. W. T. Calvert (271-73) shows that the challenge was made 
through a mistake, and witness admits on cross-examination 
that he was mistaken. 

Mr. and Mrs. C. Watkins (906), Will Baxter (90-1-2) shows 
that this party only voted in one ward and thought that might be 
the wrong ward, it was where he had voted since living 
where he now lives; the witness admitted that he did not 
know the exact location of the ward line. The matter was 
duly considered at the time and the party was allowed to 
vote. Mr. and Mrs. C. G. Echerd, who had been out of the 
county for six months, were allowed to return and vote at their 
former voting precinct; challenge was withdrawn. Fred Fields 
(895), Marvin Baker (164-65), shows that the witness, S. M. 
Goodman, was mistaken and no evidence produced to show 
that the said Marvin Baker voted. Austin Watts (172, 835), 
Mrs., Ledbetter (272), record shows that she voted in wrong 
ward, but was a qualified voter in another ward; she voted in 
wrong ward by mistake; she only voted once. The Morrison 
family, being Blake Morrison and his family (272, 927), show 
unmistakably that they were qualified voters. Mrs. C. L. Gil¬ 
bert (932-37 of the record) show that she did not vote in Ward 
No. 3; that it was Mrs. C. L. Filbrick who voted in Ward three 
and she voted a Republican ticket. Mistake in record (272). 
J. E. Kale (284), this person was challenged on page 24 of 
contestant’s brief and is now challenged on page 34 of con¬ 
testant’s brief, thereby attempting to count out his vote twice. 
L. R. Deal, Margaret Deal, Lizzie Deal (288-89 of the record), 
shows that they are qualified voters. 

H. G. Couple, challenged on page 24 of contestant’s brief, and 
now again (record 307) shows him to be a qualified voter with 
the exception of payment of poll taxes. J. R. Pope (309) does 
not show his politics or how he voted. W. C. Troutman (311) 
does not show his politics or how he voted. A. C. West, on 
pages 24 and 34 of contestant’s brief, is challenged three times. 
R. C. Gaither (317 of record) qualifies him as to residence; 
second time he is challenged (contestant’s brief 24 and 34). 
J. F. Jackson, challenged twice (24 and 34, contestant’s brief; 
record 319). J. W. Lackey (319), shows him to be a qualified 
voter. E. L. Knight (323-24), does not show that he voted 
at all. C. H. Stevens (337), qualified resident (taxes not paid). 
Albert F. Johnson (354), shows him to be a qualified voter; 
0. R. Davidson, (356) shows him to be a qualified voter. That 
is the .second time that he has been challenged (25 and 34 
of contestant’s brief). Fred M. Swisher (378), qualified voter. 
Ben Miles (380), shows him to be a qualified voter wifh the 
exception of the payment of his poll taxes; challenged twice 
(25 and 34, contestant’s brief). E. D. Renegar (401), quali¬ 
fied voter. Thomas L. Tucker (404), qualified voter. Will 
Hartley (271), is not conclusive that he was not registered in 
ward in which he voted. 


JAMES 1. CAMPBELL V. ROBERT L. DOUGHTON 


17 


Stragglers in Iredell 

We have endeavored to meet the regular army arrayed against 
us in Iredell County. We did not deem it of sufficient import¬ 
ance to take up the time of the Committee in arguments about 
the stragglers scattered here and there through the contestant’s 
brief. An examination of the references will disclose the same 
inaccuracies that are found in the large groups cited. For 
instance: On page 23 it is said that George and Bernice Absher 
voted for the contestant without having paid their poll tax, 
and in fact it appears on record, page 59, that these parties paid 
their poll tax on the 21st day of February, 1919. This testi¬ 
mony follows the page cited by contestant in support of his 
assertion that the parties did not pay their poll tax, and is 
simply one of hundreds of illustrations that in the preparation 
of his brief the contestant has absolutely ignored the fact that 
the contestee had any evidence at all, and has also ignored the 
facts testified to on cross-examination by his own witnesses. 
On page 55 of his brief the contestant says that Bud Myers, a 
Republican under indictment, voted for contestee because he 
was told it would be made lighter for him. Myers himself, on 
pages 400 and 401 of the record, denies that anybody ever said 
such a thing to him, but on the other hand testifies that a promi¬ 
nent Republican told him that he would not be allowed to stay 
on the land on which he then lived if he voted the Democratic 
ticket. On page 56 of his brief the contestant says the sheriff 
of the county induced a boy by the name of Little, under 21 
years old, to vote. The record shows that Sheriff Alexander 
made no such inducement and as a matter of fact did not know 
how he voted or whether he voted at all (R. p. 916). Com¬ 
plaint is made that W. Mentzer voted in person and by absentee 
ballot. The record shows that W. A. Mentzer voted in person 
and Mrs. W. A. Mentzer, absentee (p. 374). 

On page 26 of the contestant’s brief there are several scat¬ 
tering charges of non-payment of poll tax. The record shows 
these were paid: Clarence Beaver (243), C. S. Bass (243), 
Lenwood Miller (243-244), R. M. Cloer (over poU tax age) 
f 243-244). G. F. Fairchilds flatly contradicts the statement as 
to him referred to on page 47 of the contestant s (^* P* 

122). The charges against J. R. Ham, page 46 of brief, is 
pnntradicted by contestant’s own witness (pp. 116-121). On 
S same page contestant cites page 190 of the record as show- 
ir,^ that the registrar refused to register Republican applicants. 
On tee cross-examination of the contestant’s own witness he 
XiitV that these applicants were “known in the community as 
Thp record on pages 220 and 221, flatly contradicts 
tee charges of thfcontestant on page 48 of his brief. The 
Record on page 909 contradicts the statements as to Ozel Lewis 

""The^net^r^ult o?tefs analysis is that of 

are 11 votes, of the second 83, and of the third 6, a total of 
exLtly 100 that the contestee offers no proof to explain. We 


18 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


do not concede that these votes were illegally cast, but leave it 
to the Committee to say whether or not the evidence introduced 
by the contestant rebuts the presumption of their legality. 

On the last page of his brief the contestant asks the Com¬ 
mittee to throw out the entire vote of Iredell County ''because 
of the failure of the sheriff of Iredell County to collect and 
certify the payment of the poll taxes of that county, which was 
his duty under penalty of law, its lawful and its unlawful vote 
became so thoroughly confused and intermixed as to render it 
impossible for either of the parties to the controversy, or the 
Committee of the House, or any other authority, to determine 
with certainty what either the lawful vote, or the unlawful 
vote, actually was.^’ The record discloses that the sheriff did 
not certify the list because of the agreement as to poll taxes 
proposed by the Republicans and accepted by the Democrats 
(R. page 36). 

The state of moral coma into which the contestant seems to 
have lapsed since his defeat is pathetically evidenced by his 
insistence that the citizenship of a great county should be dis¬ 
franchised because they had confidence in each other. The 
motion is also a confession on the part of the contestant that 
he has failed to show anything in Iredell County to his own 
satisfaction, and in his extremity he asks the Committee to throw 
out the entire county. 

Contestee’s Challenges in Iredell 

The record shows that not all the illegalities and irregularities 
were in favor of the contestee. In fact more are shown to have 
been in favor of contestant. It appears that the following 
parties who were not soldiers voted for the contestant, being 
liable for poll tax and without having paid the same as required 
by law: 

Barringers Township 

Will Cook (825, 827, 828), J. R. Liles (827, 228). 

Cool Springs Township 

W. T. Campbell (838, 831), A. R. Cheek (830, 831), J. C. 
Shoemaker (also a felon, second challenge) (830, 831), R. E. 
Garris (also a felon, second challenge) (830, 831, 834, 835). 

Shiloh Township 

Jule Byers (836, 841), M. B. Blankenship (836, 841), M. L. 
Gant (836, 841), A. G. Stewart (836, 841), J. W. Sipe (836, 
841), W. C. Stevenson (837, 841. 

Sharpesburg Township 

D. H. Houpe (842, 843). 

Concord Township 

John Meredith (846-7-8), D. E. Gryder (second challenge) 
(846-7-8), Chas. U. James (846-7-8, 943). 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


19 


Turnershurg Township 

C. H. Galliher, H. E. Johnson, W. T. Earlier, B. A. Shaw 
(second challenge), A. L. Wall (648-49-50). 


Fallstown Township 

Rowland Benfield, J. L. Moose, C. W. Souther, J. M. Trout¬ 
man, G. B. Upton (second challenge), E. L. Troutman, J. L. 
Sigmon (851-52-53). 

Olin Township 

W. F. A. Houpe, E. H. Money, John Pharr, R. A. Sherrill, 
T. J. Tilley, F. A. Tilley (854-55-58). 


Eagle Mills Township 

W. L. Barnar, Walter Boger, Henry Jenkins, J. W. Ireland 
(859, 863). 

Union Grove Township 

M. L. Bussel (863, 867), J. W. Elmore, Madison Campbell, 
A. F. Holcomb, Burnette Money, D. E. Pharr, Clarence Rash, 
W. M. Reavis (864, 867). 

Sharpesburg Township 

E. L. Bowles (870, 873), W. C. Cook, R. F, Gwaltney (870, 
873, 874), J. K. Lambert, W. E. Lambert, J. C. Parker, J. H. 
Shaver, Sells Speaks, S. N. Shaver (871, 874). 


Chambersburg Township 


Q. L. Freeze, 
877). 


I. W. Plyler, J. W. Shuford, P. Scaffer 
Statesville No, U 


(875, 


J. H. Bost, Sylvester Campbell, John H. Gryder, T. M. Hen¬ 
derson, J. F. Henderson, H. B. Massey, T. A. Wilson (882-3-4), 
J. H. Hendron (319). 

Davidson Township 

Earnest Donaldson (889), Avery Wilson, J. H. Covington 
(884, 889), W. L. Cashion (884, 888, 889), John Hager, C. V. 
Jones (884, 888, 889), C. L. Kerr, J. L. Mayhew, W. L. Wentz 
(885-7-8-9). 

Coddle Creek, No. 1 

E M. Archer, Chas. Bentley, E. D. Baker, E. H. Ball (890, 
894) , Vernice Evans, T. H. Fairchild, Joe Frye, J. Mack Harri, 
J. P.' Hobbs, Thos. F. Moore, Geo. A. Miller, Walter L. Poston, 
R. K. Smith, H. A. Sapp, Will Yowe (891, 894). 

Coddle Creek No. 2 

Carl Walter (893), Wilson A. Brown, Joe A. Cashion, C. C. 
Cook, R. L. Edwards, G. C. Eads, T. 0. Goodman, W. R. Whit- 
ner (900, 903). 


20 


JAMES 1. CAMPBELL V. ROBERT L. DOUGHTON 


Statesville, No. 1 
Frank Whitley (908). 

New Hope 

J. W. Conley, L. E. Jordan, Gilpen Mcdaniels, John T. Marlow, 
W M. Moore, Rufus Shoemaker, G. D. Speeks, W. F. Snow, 

C. A. Vicker, P. S. Turner (923, 926, 927). 

Statesville, No. 3 

M. B. Edwards (302, 303), L. P. Jordan (919), P. D. Cline 
(second challenge), W. B. Kestler, Will Morgan, R. W. Shaw, 
Frank P. Cooper, H. L. Vaughn (929, 939). 

Bethany Township 

Chas. Cline, Lester R. Cashion, Walter Combs, Leroy Harris, 
Luther Lippart, C. W. Teague (938, 940). 

Statesville, No. 2 

Thomas Furches (940,941), Total, 125. 

Less votes of J. P. Cline, J. C. Shumaker and R. E. Garris, 

D. E. Gryder, B. A. Shaw, G. B. Upton, challenged elsewhere 
and for other causes, makes total 119. 

It appears that the following soldiers voted for the contestant 
without having paid their poll tax: 

Barringers Township 

Jesse Overcash, J. A. Benfield (827, 828). 

Cool Springs Township 

J. I. Lowtharpe, D. P. Summers, Harrison Wooten (830, 
831). 

Shiloh Township 

W. G. Benfield, A. C. Alridge, W. D. Brown, 0. H. Bost, W. E. 
Roseman, P. M. Raymer, Martin Sipe (836-41). 

Sharpesburg Township 

None. 

Concord 

M. W. Bass, T. W. Pierce, Roy L. Redman, J. B. Woodside 
(846-7-8). 

Fallstown Township 

F. E. Lippard, Everette F. Troutman (851-2-3). 

Olin Township 
S. G. Goodin (854-5-6). 

Eagle Mills Township 

J. E. Cain, Frank Hill, R. L. P. Templeton (859, 863). 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


21 


Union Grove Township 

Carl Fraley (864, 867), H. A. Jurney, Harvey Mullis (864, 

868 ). 

Sharpesburg Township 

L. R. Lambert, Alec Marlow (871, 874). 

Statesville, No. U 

T. C. Chapman, Chas. Goble, M. C. Huie, J. C. Jurney, I. L. 
Sneed, R. G. Church (883, 884). 

Davidson Township 

J. E. Johnson, Marshall Rimmer, A. G. Talbert, P. W. Wil¬ 
helm, Clinton Mayhew (865-7-8-9). 

Coddle Creek, No. 1 

C. B. Baxter, B. C. Beareer, W. L. Christy, Sam R. Overcash, 
E. F. Perkins, J. P. Rhinehardt, J. C. Sherrill, Ed C. Snipes, 
L. F. Walker, W. B. Weddington, F. D. Weddin^on (982, 894). 

Coddle Creek No. 2 

N. S. Brawley, J. E. Follette, I. M. Overcash, B. F. Wilhelm 
(900, 909). 

New Hope Township 

J. S. Redman, L. L. Dishman, Rone Dison, Hoyt Millsaps, 
Graham Shaver, T. G. Speaks, Felix L. Williams (924-26-27). 

Statesville, No. 3 

Harold C. Heathe (929, 939), J. P. King (933-39), J. C. Hil- 
derbrand (933, 934), W. A. Wilkerson (944). 


Bethany Township 

Fletcher Bass, J. E. Johnson, Joe Stevenson (938-39-40). 

Statesville, No. 2 

John A. Barkley (940, 941). 

Total, 70. 

The following is a list of names of Republicans in Iredell 
County who voted for the contestant but who were disqualified 
to do so by reason of being non-residents by failure to register, 
or by reason of being convicted of felonies and for other causes 
not particularly mentioned in any preceding list: 

Shiloh Township 

R. W. Morrow (835), G. P. Wilkins, Mrs. G. P. Wilkins, Mrs. 
A. A. Isenhour (836), Mrs. W. K. Pope (836, 840). 

Concord Township 

D. E. Gryder, Mrs. D. E. Gryder, E. D. Gryder, G. G. Gant 
(845-6-7). 


22 JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 

Turnershurg Township 

B. A. Shaw (848). 

Fallstown Township 

J. L. Sigmon (851, 943), G. B. Upton (851). 

Olin Township 

Martin Mitchell (854), Silas Gregory (854, 857), R. A. Sher¬ 
rill (855). 

Union Grove Township 

Leonard Templeton (863-67), Mrs. Evia Templeton (866, 
877). 

Sharpesburg 

E. R. Teague (870, 873). 

Chambershurg 
D. L. Moose (875, 876). 

Statesville, Ward U 

Mrs. D. J. Welborne (878, 881), N. A. Sloan (878, 879, 882), 
J. H. Helper (880, 881). 

Davidson Township 

C. W. Rape (887). 

Coddle Creek, No. 1 

T. H. Fairchild, Julia Fairchild (892), W. Clarence Miller 
(893). 

Statesville, No. 1 
J. R. Eddinger, W. W. Houpe (908). 

Statesville, No. 3 

P. D. Cline (928). 

Cool Springs 

J. C. Shoemaker (felon, second challenge) (830, 831), R. E. 
Garris (felon, second challenge) (830, 831, 34, 35). 

Total, 31. 


Summing Up the Evidence of the Contestant and the Contestee 
in Iredell County 

It appears that there stand against the contestee unexplained 
votes to the number of 100; there stand against the contestant 
in Iredell County unexplained votes to the number of 220, 
leaving a net balance against the contestant and in favor of 
contestee of 120 votes in Iredell County. This does not take 
into account the names of H. G. Couple, counted twice by con¬ 
testant as having voted for contestee, pages 24 and 34 of con- 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


23 


testant’s brief (R. 307) ; A. C. West, counted three times in 
contestant’s brief against contestee, twice on page 34 and once 
on page 24 (R. 311) ; R. C. Gaither, counted twice against con¬ 
testee, pages 24 and 34 of contestant’s brief (R. 317) ; J. F. 
Jackson counted twice by contestant against contestee, pages 
24 and 34 of contestant’s brief (R. 319) ; 0. R. Davidson, counted 
twice by contestant against contestee, pages 25 and 34 of con¬ 
testant’s brief (R. 356) ; and Ben Miles, counted twice by con¬ 
testant against contestee on pages 25 and 34 of contestant’s 
brief (R. 308, 376). There are numerous incidents of this kind 
throughout the entire brief, showing lack of knowledge of the 
record by contestant or a manifest purpose to deceive the Com¬ 
mittee and deprive contestee of votes to which he is entitled. 

Caldwell County 

The first charges against Caldwell are found in contestant’s 
brief on pages 12 and 13. The charges of a general nature have 
already been considered in this brief under our discussion of 
the subject of intimidation and it would serve no good purpose 
to go over the matter again. The only vote challenged is that 
of Thomas Whisnant, and this gentleman’s case has heretofore 
been considered. The contestant brings Mr. Whisnant for¬ 
ward again on page 50 of his brief, and still again in his list 
on page 60. The evidence shows that Whisnant was more or 
less affected by '‘moonshine” on the day of the election, and 
contestant seems to have centered on his case to such an extent 
as to make him sympathize with the condition of this man and 
"see treble.” 

On pages 49 and 50 of brief contestant lists the names of 
Dorothy Chester, Owen Hartley and Edna Holman, all of whom 
are again charged up in the general array on pages 60 and 63. 
Owen Hartley is evidently the same person as Byden Hartley, 
as we find no such person as Owen Hartley in the cited record. 
Doris Smith, on page 60, is evidently the same person as D. A. 
Smith on page 61, as the citation is the same. 

In fact, all of contestant’s challenges with respect to Caldwell 
County are grouped in the list beginning with Wesley Keylor, 
at the bottom of page 60, and ending with Walter Graybill, on 
page 63. The charges are that 75 of these people voted un¬ 
lawfully for the contestee and that 18 were wrongfully denied 
the right to vote for contestant. We have examined the evi¬ 
dence in regard to these charges, a summary of which is given 
below, and we have answered and explained 77 of these, and this 
leaves only 16 unexplained and chargeable against the contestee 
if the Committee shall find the evidence with respect to these 16 
rebuts the presumption of validity. 

In Caldwell County there were no challenges of the soldier 
vote and no attempt to show illegal votes on account of literary 
qualifications. The evidence is that if the reading and writing 
clause of the Constitution had been strictly enforced the county 
would have gone Democratic by from five to six hundred ma- 


24 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


jority, whereas the contestant receives a certified majority from 
this county of 120 (R. p. 525). 

All the irregularities in Caldwell operated to the advantage 
of the contestant. The county canvassing board threw out the 
vote from Wilson Creek precinct because the judges did not send 
in the returns. This was a Democratic precinct and the evidence 
is that 22 votes were cast for Doughton and 12 for Campbell. 
In throwing this precinct out the officials caused Mr. Doughton 
a loss of 10 votes. 

It is significant that after the contestee had offered his evi¬ 
dence in answer to the charges of the testimony of the con¬ 
testant, the contestant did not offer any testimony in rebuttal 
to contestee’s evidence. 

We now give a complete summary of the evidence in regard 
to the challenges of the contestant, and would be glad to make 
a similar summary of all the evidence in the record in regard 
to other counties, but the record is so ponderous that we find it 
impossible to do so. 

Wesley Kaylor (531-33-34-35, 990-91) : The vote of Wesley 
Kaylor and his wife, Lou Kaylor, was challenged on the grounds 
of non-residence. These parties, according to the contestant’s 
evidence, moved from North Catawba township to Burke county, 
where they made a crop and moved from there to Schoolfield, 
Virginia; but that they maintained Caldwell county as their 
residence, although they worked at cotton mills in Virginia, 
leaving a part of their things in Caldwell county. They moved 
back to Caldwell county sometime before the time of the hear¬ 
ing. According to the contestee’s evidence they went away 
with the intention of coming back and leaving a part of their 
property with their son. Vote was not challenged by the Re¬ 
publican judge or anyone else. 

Mrs. Wesley Kaylor: Same as above, Wesley Kaylor. 

Albert Kaylor (531-32-33-34-35, 991) : According to the evi¬ 
dence of contestant, Albert Kaylor was in South Carolina at the 
time of the election and would come back for a few days once 
in a while. Only took part of his things to South Carolina; 
never did definitely move there; he was camping and working 
in a sawmill; he had been there about a year; he left his prop¬ 
erty in Caldwell county and was in that county at the time of the 
hearing; did not go away with the intention of staying, but 
to work awhile, and at all times called Caldwell County his 
home, and his vote was not challenged. 

Beulah Kaylor: Beulah Kaylor is the wife of Albert Kaylor 
and the same facts apply to her as above set out. 

Lloyd Smith (531-32-33-34) : This party is a single man who 
voted an absentee ticket from North (Catawba. He had lived in 
the county all his life, making North Catawba his home, but was 
out of county working at time of the election; his vote was not 
-challenged by anyone. 

T. W. Childers (531-32-34, 991) : This party was in Virginia 
at the time of voting. Had worked around at cotton mills, 
farming and other jobs, and was in Schoolfield, Virginia, 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


25 


at the time of the election, but had not been gone very long. 

Mrs. T. W. Childers: Same facts as above mentioned apply 
to her. 

Mrs. Susie Fuller (538-39-42-45-48-50-51, 992) : Contestants 
testimony is that Mrs. Susie Fuller had not been in Caldwell 
County for about a year, but was living in Washington. She 
is a property owner in Lenoir and had been for fifteen or sixteen 
years; had taught in Lenoir graded school and had a home in 
Lenoir; was in Lenoir during the summer of 1920; she is a 
widow and a school teacher; went to Washington to visit her 
daughter; had lived in her home the summer of 1920, but at 
the time of the hearing was out of the county teaching school. 

Lizzie Fuller Pickett (538-39-45-48-50-51, 992) : This party 
is the daughter of Mrs. Susie Fuller; she went to Washington 
and married; went to enter Government work; she was teach¬ 
ing in Lenoir graded school at the time of her appointment to 
Government position; was raised in Lenoir; the time of her 
marriage is not given. 

Josie Corley (or Coley) (539-43-46-50-85) : This party voted 
an absentee vote; the vote of this party was challenged by the 
contestant because of the fact that the witness Holman saw 
her in the road on the day of the election and she did not appear 
to be sick. There was no definite evidence as to this vote, except 
that contestant’s witness testified that he was not prepared to 
say that she was not qualified to vote absentee. 

W. A. Harris (540-43-44-47-50-52, 966-67) : This party was 
challenged upon the ground that he was a non-resident; he 
was raised in Lenoir, which had always been his home; he is 
a single man and his father lives in Lenoir; his mother is dead; 
he went to the army from Caldwell County; his home is in 
Caldwell County; he travels for a soap company in Tennessee. 

Florence Boyd (540-43-47, 964) : This party has been away 
for a good many years; has a married sister who lives in 
Caldwell County; is a trained nurse and has been away off 
and on for several years, but owns property and pays taxes in 
Caldwell County, which is her home; is a daughter of a former 


sheriff of this county. -r • • -r. n i 

Lizzie Fuller: Same person as Lizzie Fuller Pickett, men- 


*''Tones*Powell (550-51-58-85) : Jones Powell died in Septem¬ 
ber 1920, but contestant’s star witness (550) did not say whom 
Vio \TAtpd for or whether he voted at all. 

Aggie Lore (569-71): This witness testified that she author¬ 
ized no one to cast an absentee vote for her. Nothing definite 

Whisnant (586-87, 948-49-5^ : This witness ?wore that 
he voted the Democratic ticket in Lower Creek precinct, Cald- 
wen County, but was not registered nor did h^e know who voted 
well tvvo fe lows who “brung” him to the 

St housflnd gave Wm two drinks of liquor and two dollars 
couit house a g afterwards pointed out the person who 

?ve hta thi « .ni the liquol t, W.d. C„rdl. but thu 


26 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


self-confessed corrupted voter was proven by the testimony of 
disinterested persons to have voted without liquor or money; 
this testimony was by a person who had intelligence enough to 
have been Tax Supervisor of the County of Caldwell; Whisnant 
had stated before the election that he wanted to vote the Demo¬ 
cratic ticket. No reliable evidence as to how he voted. 

Fred Prestwood (588, 988) : Fred Prestwood stayed with 
his uncle, who lived two miles from Lenoir, and claimed to have 
told contestant’s witness that he lacked four weeks of being 
twenty-one years of age; but there is no testimony as to how 
he voted, except as by hearsay. 

James Roy Martin (589-91-95, 954-66) : Testimony is that 
this party voted an absentee vote from some point in Tennessee; 
he is a single boy, went to service from Caldwell County; has 
his home in South Lenoir, is single, and still considers Lenoir his 
home. 

D. A. Smith (or Doris Smith) (591-89-53) : This party owns 
a home in Caldwell County, but had been working in Virginia 
for some time in the past tw^o years; he is thirty-three years 
old; is a married man and at one time did war work at Hamp¬ 
ton, Virginia; did light housekeeping there; went to Hampton 
with the intention of coming back, and stored part of his furni¬ 
ture here; paid his taxes in Caldwell County; only went to 
Virginia during war time. 

Robert Tuttle (589-91, 955-59) : This party went in the 
Federal revenue service from Caldwell County; was a deputy 
sheriff of this county ; he stays in various places as his work 
takes him; pays his taxes and considers Lenoir as his home; 
at the timei of the election was boarding in Salisbury; voted 
in person on the day of election, and pays his poll taxes in 
Caldwell County. 

E. D. Holman (Ed) (589-92) : The only testimony about this 
voter is that the witness Gilliland had not seen him around 
Lenoir for two or three years. No direct evidence touching 
regularity of this vote. 

E. J. Harbison (589-92, 972-76) : This party is a married 
man and moved away, according to Gilliland; he had been a 
professor in Davenport College; paid his taxes in Caldwell 
County. 

C. L. Johnson (Colin) (589-90-92, 961) : This party is a single 
boy away from home at work; his father lives in Lenoir and 
the contestant’s evidence does not negative the voter’s claim of 
residence; his father testified that his home was in Lenoir; 
there is no testimony as to how he voted. 

Spurgeon Tuttle (590-92, 945-58) : According to the testi- 
money of Gilliland this party was not entitled to vote here 
because of non-residence, but Gilliland admits that he was a 
Republican judge of election and saw Spurgeon Tuttle vote; that 
he (Gilliland) did not challenge the vote, nor did he raise any 
question as to his qualifications. According to the testimony 
for the contestee, Tuttle’s home is in Lenoir with his mother; 
he is an unmarried man and is a traveling salesman. 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 27 

Benson Tuttle (960) : The name of this voter as found in 
^ntestant’s brief seems to be confused with Spurgeon Tuttle. 
Benson Tuttle has his home in Lenoir, South Lenoir Township, 
with his father, and was in Winston-Salem working at the time 
of the election. 

J. W. Grist (Wiley) (590-92, 972) : According to the testi¬ 
mony of Gilliland, contestant's witness, Wiley Grist is an un¬ 
married man, having his home in Lenoir with his mother, who 
owns real and personal property in Caldwell County; he pays 
taxes here; went to the service from this county, and it was 
not shown how he voted. Gilliland admits that he did not chal¬ 
lenge this vote or raise any question as to its regularity, although 
being present when said Grist voted. 

J. M. Bush (590-95, 949) : Contestant's witness, Gilliland, 
testified that an absentee vote was cast for J. M. Bush while, 
according to the evidence for the contestee, the home of Bush 
has always been in South Lenoir precinct. It was admitted, 
however, that he had been to West Point, Virginia, for a short 
time doing war work, but never moved with the intent of re¬ 
maining away permanently. 

Eugene P. Jones (590-93, 971-60-77) : According to the evi¬ 
dence of the contestant this vote was not regular on the grounds 
of non-residence; said voter had been working for one of the 
State Legislative committees at Raleigh for almost a year; he 
is an unmarried man; contestee's evidence shows said Jones 
was born and raised in Caldwell County; went to the army from 
said county and, with the exceptions noted, has spent the whole 
of his life here, and always has, and does now, consider this his 
home. 

R. E. Harris (590-93, 964) : This name appears twice in the 
list of absentee votes given in the contestant's brief. According 
to the contestant's evidence, R. E. Harris is an unmarried man 
who was working in Charlotte, North Carolina, at the time of 
the election. Contestee's evidence shows that this voter lived 
in Caldwell County with his father, in South Lenoir precinct, 
registered for the draft in this county, and was working in 
Charlotte at the time of the election, having been there only 
about a year. 

Mrs. Emma Hickerson (590-93, 954-55-68) : According to 
the evidence for the contestant, Mrs. Hickerson had lived in 
Lenoir for some time, but having lost her husband sent her 
children to the Odd Fellows' Orphanage and was herself at the 
time of the election working at Kinston, N. C., as matron of one 
of the State institutions; one witness testified that she had been 
out of Caldwell County for more than one year prior to the 
election; the contestee introduced evidence showing that Mrs. 
Hickerson owns real property in Caldwell County; has lived 
in said county for about sixteen years; has never had any other 
home, and immediately upon the completion of her work in 
Kinston returned to live in the house which she owns in Lenoir. 

Mr. and Mrs. W. S. Brawly (595-96) : Contestant's evidence 
shows that W. S. Brawly is employed as an engineer of the 


28 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


Carolina & North Western Railway, and has been so employed 
for about twenty-five or thirty years; one end of his run being 
Lenoir and the other end being Chester, South Carolina; that 
Brawly married a Lenoir girl and lived in Lenoir until about a 
year and one-half before election, when, as a matter of conven¬ 
ience, they sold their real property in Caldwell County and 
moved to Chester, South Carolina, but soon thereafter returned 
to live in Lenoir, and were residing in Lenoir at the time of the 
election. When working, Mr. Brawly spends twenty-four hours 
in Lenoir and twelve hours in Chester, out of every forty-eight 
hours, and the remaining time on the train between the two 
places. There was no evidence showing that either Mr. Brawly 
or Mrs. Brawly voted. 

R. E. Setzer (600-601-605, 981) : Contestant introduced evi¬ 
dence showing that R. E. Setzer had his home in Caldwell 
County, but had been for a few months prior to the election 
working in Cleveland, Ohio; that he was duly registered in 
Caldwell County and voted an absentee vote, and that a large 
number of boys from the same township similarly situated voted 
the Republican ticket absentee. Contestee introduced evidence 
showing that R. E. Setzer had his home in Caldwell County 
with his father; was registered in Caldwell County under the 
draft board, and had paid his poll tax in Caldwell County, and 
had his home in Caldwell County. 

H. H. Setzer (600-601, 980-81) : Contestant’s witness testified 
that this voter had been married but that his home had always 
been in Patterson Township, Caldwell County, with his father; 
that he owns property in that township, pays poll tax there; 
was temporarily in Cleveland, Ohio, working at the time of the 
election, and voted an absentee Democratic ticket; that the 
election officials in this township were satisfied under the cir¬ 
cumstances; that Setzer was a legal voter and countestant’s 
witness says that several Republican boys similarly situated 
were allowed to vote. The contestee’s evidence shows that this 
voter had always resided in Caldwell County, paid his poll tax 
there; was under the jurisdiction of the Caldwell County draft 
board and went to the service from this county; that this voter 
has always made his home with his father, and was only staying 
in Cleveland, Ohio, for a few months’ work. 

Lucille Wilson Clarke (608, 971-984) : This voter was intro¬ 
duced as a witness by the contestant and testified that she lived 
in Caldwell County, in South Lenoir precinct; that she was 
born and raised in Caldwell County, and that during the war 
she and her husband went to West Point, Virginia, where her 
husband was engaged in war work; that they did not move there 
permanently and left their property here while they were up 
there; that this voter remained out of the State not exceeding 
two years, and that her husband has since separated himself 
from her and the only home she and her children have is with 
her mother in Caldwell County. This voter testified that she 
voted for contestee in the said election. The mother of this 
voter was introduced by the contestee and testified that her 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


29 


daughter had lived in this county about twenty-two years, but 
that during the War she had lived in Virginia where her husband 
was doing War work for about two years, but that during this 
time she came home several times and her daughter and hus¬ 
band are now parted and that her daughter is now staying at 
home with her mother and that when she was out of the State 
left her property with her mother including her household 
goods. 

Robt. H. Cooper (or “Bob’" Cooper) (607-09, 978) : This voter 
at the time of the election was away at work at Banners Elk 
and voted an absentee ticket; he owns land in Caldwell County; 
has been married and works about over the country; he has a 
home in Globe Township and comes back there occasionally. 
Contestee’s evidence is that he lived in Globe Township owns 
land and pays taxes there but at the time of the election was 
operating a sawmill away from home. 

William L. Barlow (610-13) : This party voted an absentee 
vote upon the grounds that he was physically unable to attend 
the election. There is no evidence from any source that his 
affidavit was in anywise untrue or improper. 

Star Pennell (610-13) : (This party is called '‘Star Russell’' 
in contestant’s brief.) The evidence was that he sent in an 
absentee ballot with a certificate that he was physically unable 
to attend the election. The ballot was sent back and an affi¬ 
davit made before a Justice of the Peace, but contestant’s evi¬ 
dence does not show that the ballot was ever put into the hands 
of the Registrar, cast or counted. 


Vada Laxton (611-13, 979) : This party is known in con¬ 
testant’s brief as Ada Laxton. Also, as Vida Laxton. This 
party voted an absentee ballot from Winston-Salem, where she 
was clerking; she is a single woman and had been away from 
home a week or two before the election; she was living and had 
lived in Kings Creek Township, Caldwell County, all her life. 
Her home is still there and her vote was not challenged. In 
fact contestant’s witness says (at top of page 614) that she al¬ 
ways considered Caldwell County her home and at the time of 
the hearing lived there. 

Julia Barlow (612-14, 979-84) : It does not appear in the tes¬ 
timony that this party voted; in fact on page 980 she testified 
that she did not, but that she would have voted the Democratic 
ticket had she voted. The contestee took the position that be¬ 
cause she was registered by Kings Creek Registrar while he was 
in Lower Creek Township, that she was not legally registered 
and thereby was deprived of her right to vote. 


Ed Healan (948-89) : This voter was in Cleveland, Ohio, at 
the time of the election; his home is in Lenoir and he was sent 
into the Service by the Caldwell County Draft Board. 

Claude Healan (689-98, 948-64-89): Tto party has his home 
in South Lenoir precinct. He was sent to the Army by the Local 
Board of Caldwell County; he is a married man working in 


30 JAMES I. CAMPBELL V. PvOBERT L. DOUGHTON 

Cleveland, Ohio, but had his furniture stored in Lenoir with his 
father and always called Lenoir his home. 

Dick Healan (989) : There is no evidence as to how this 
party voted. During the War he was under the jurisdiction of 
the Draft Board of Caldwell County. After the War he worked 
in Cleveland but his home has been at Lenoir all of his life. At 
the time of the election he was a single man. What furniture 
he had is stored in Lenoir. 

E. M. Hukill (541-44-51-52-58, 958-62-72) : E. M. Hukill had 
worked in Lenoir and went from here to the Army but contest¬ 
ant’s witness says that he was a Republican (541) ; he was work¬ 
ing at a local concern at Lenoir when he went to the Army and 
was appointed Captain and has been in the Army ever since. At 
the time of the hearing he was serving in the Army at Fort 
Oglethorpe, Georgia. There is no proof as to how he voted. 

Isabell Hukill or Mrs. E. M. Hukill (541-44-51, 958-72) : The 
same state of facts existing with respect to this lady as to her 
husband heretofore mentioned, and there is no proof as to how 
she voted as between contestant and contestee (541) ; contest¬ 
ant’s witness says she voted part Democratic and part Repub¬ 
lican ticket 

Margaret Martin (571-72, 960-62) : This vote was attacked 
but the contestant’s witness claimed that her vote was taken 
off the list and her name stricken out. There is no proof as to 
how she voted. This question is not material since it appears 
that her vote was taken out and not counted. 

L. S. Cannon (598-99, 957-62-73) : The vote of this person 
was challenged because it was stated that he was not a legal 
resident of Caldwell County. This voter \^as a resident of Game- 
well precinct when he was appointed to a Government position 
and has retained his citizenship here ever since. He was a single 
man at the time of his appointment but has married since. Has 
been in Washington since 1893, working in the Treasury De¬ 
partment and claims his citizenship in Caldwell County; he re¬ 
tains his citizenship in the State from which he was appointed. 

Hamilton (R. V.) Wolfe (538-50-51-52, 962-72) : The evi¬ 
dence for the contestant was that this voter had lived outside 
the county for a period of four or five years prior to the elec¬ 
tion and at the time of the election and prior thereto he had 
been employed by the Government in one of the Departments in 
Washin^on City and had been so employed since leaving this 
county. The evidence for the contestee was that this voter was, 
prior to the time of his appointment to the position in the In¬ 
terior Department at Washington, under the Civil Service Com¬ 
mission, a resident of Lenoir, Lower Creek Township, this 
county; that this voter is over fifty years of age and has for a 
great number of years made his home in Caldwell County. 

Mrs. Hamilton Wolfe (Also referred to as Mrs. May Hamil¬ 
ton Wolfe) (550-51-52-38-42, 962) : This voter is the wife of 
the preceding voter mentioned and at the time of the election 
was living with her husband who was employed by the Govern- 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


31 


ment in Washington and the same state of facts applies to her 
as to her husband. 

C. A. Ballew (537-45-48, 952) : The evidence for the con¬ 
testant shows that C. A. Ballew sometimes referred to herein 
as Charlie Ballew, was a very old man who lived out in the 
country and very seldom comes to town; no evidence was intro¬ 
duced by the contestant that C. A. Ballew voted at all or in what 
manner; the contestee introduced evidence showing that C. A. 
Ballew voted an absentee ticket, which had a doctor^s certificate 
signed by Dr. C. L. Wilson, who is a Republican in politics; 
that the ticket and the certificate were put into the envelope 
and the same was sealed before it left the hands of the voter; 
contestee also shows that this voter was a very old man and 
that he had had a stroke of paralysis and was very feeble. 

F. L. May (538, 961-62) : Contestant’s evidence shows that 
this voter lives in Lenoir, Lower Creek Township, Caldwell 
County, and nothing more. Contestee’s evidence shows this 
voter is a resident of Caldwell County, was under the jurisdiction 
of the Draft Board of this county, pays his taxes here; is a single 
man and at the time of the election was temporarily in the Gov¬ 
ernment employ, at Pig Point, Norfolk, Virginia. 

R. E. Harris: (This voter’s name is listed twice in the con¬ 
testant’s brief. The facts concerning this party are cited under 
his name heretofore written.) 

J. Hoke Jones (538-37-41-44-45, 966) : Contestant’s evidence 
shows this voter lives in Lower Creek Township, Caldwell 
County, but witness did not know whether he voted absentee or 
not. It shows, further, that the voter is the son of a dairyman 
living and doing business in Caldwell County. Contestee’s evi¬ 
dence shows that this voter had been away at school and at the 
time of the election was temporarily employed as a hotel clerk 
in Hickory, North Carolina; that he was an unmarried boy and 
had no other home than with his father in Caldwell County. 

Maude Tate (539-43-46, 967) : Contestant’s witness testified 
that this voter was a resident of Lower Creek Township, Cald¬ 
well County, and that he thought her reputed politics was Demo¬ 
cratic ; that she is a trained nurse and lives at home except when 
she is away nursing. This voter’s father, a witness for the con¬ 
testee, testified that she was a school teacher; that she has lived 
in Lenoir for fourteen years and that at the time of the last 
election she was teaching school in Mebane, North Carolina; that 
she stays at home during the summer and spends all her holi¬ 
days with him and that she is an unmarried lady; that she never 
had any home elsewhere. 

T. A. Foreman (Erroneously referred to in contestant’s brief 
as P. A. Foreman) (540-43-47-52-66) : Contestant’s evidence 
shows that this voter took up his residence in Caldwell County 
about the first of May, 1920; the contestant also shows that he 
voted an absentee ticket. 

Mrs. M. R. Bernhardt (Referred to in contestant’s brief as 
Mrs. M. P. Bernhardt) (539-42-46, 972, 992) : Witness for the 


32 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


contestant testified that Mrs. M. R. Bernhardt is a resident of 
Lower Creek Township, Caldwell County, and that she had been 
recently married; her husband has lived here all his life and that 
prior to her marriage Mrs. Bernhardt was a student at Daven¬ 
port College, at Lenoir, and was later a teacher in that institu¬ 
tion; that prior to her marriage she lived at Boone, North Caro¬ 
lina, with her mother. 

Clara Powell (539-42-46-50-52, 945) : Contestant’s evidence 
shows that this voter is a single lady; has property in the town 
of Lenoir and lives here with her brother and sister; that for 
sometime she has been working in Gastonia; that she was born 
and raised here; calls this her home and comes home often; 
that she was in Gastonia working at the time of the election 
and voted an absentee ticket; contestee introduced evidence 
showing that this voter is a resident of Lower Creek Township, 
Caldwell County, and that she makes her home with her brother 
here; that while she has been working in Gastonia and boarding 
there she has kept all her property here, claims this as her home 
and comes here every two or three weeks. 

Elizabeth Todd (540-43-47, 953) : This party is an old lady 
understood to be in bad health; she is ninety-three years of 
age and at the time of the election in November was very feeble 
and unable; to vote otherwise than by absentee vote; her ab¬ 
sentee vote was accompanied by the certificate of a practicing 
physician sealed up in an envelope and turned over to the Reg¬ 
istrar. 

Bessie Laxton: (Said name appears twice in contestant’s 
brief.) 

Edna Holman (556-70-85) : This alleged voter was not al¬ 
lowed to vote. Witness did not know who she would have voted 
for for Congress. She declined to read or write at the time of 
the hearing. Would not say that she could read any section 
of the Constitution. There is no proof other than her own 
declaration as to her lawful registration. 

S. A. Hartley (Same as Dock Hartley) (558-59-52) : This 
alleged voter was out of the State sawmilling. The ticket of 
this voter was mailed to the Registrar in care of Witness Holli- 
field, who brought it and delivered it to the election officials on 
election day. It seems that his vote was declined for the rea¬ 
son that it was not mailed to the Registrar. 

Will Powell (558-59) : Same reasons as above stated regard¬ 
ing S. A. Hartley. 

Gaither Carter (558-59) : Same reasons as those relating to 
Will Powell aforesaid. 

S. Kline (558-59) : Same reasons as those relating to Gaither 
Carter, Will Powell and S. A. Hartley. 

J. H. Way (Erroneously named as J. H. Wade in contestant’s 
brief) (559) : This witness who claimed to have been a re¬ 
turned missionary from Korea would not swear that he in¬ 
tended to vote in the Congressional ballot box at all. He was 
not registered because he refused to take the oath; he would 
not swear he had been in the township four months. 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 33 

Dorothy Chester (669-68) : This witness stated that she 
could not read and write and therefore was not a qualified voter. 

Laura Sykes (584, 963, 585) : This vote was rejected be¬ 
cause it was not mailed to the Registrar but handed by the 
voter to another person who delivered it to the Registrar. It 
had been in the hands of the third person for a day or two. 

Mrs. Lou Gilbert (584, 963, 545) : Same reasons as for Laura 
Sykes. 

Alvah Andrews, Mrs. Alvah Andrews, son of Alvah Andrews, 
and daughter of Alvah Andrews (611, 985, 612, 984-85-88) : 
This family sold their property in Caldwell Count, moved their 
household and kitchen furniture to Virginia and had gone there 
to make their home, permanently, having bought a farm there 
and living there at the time of the election. 

Charles Pearson (556) : It is claimed that this voter declined 
to vote the Republican ticket because of the Harding picture, 
but strange to say this witness was not produced and only the 
testimony of a third person offered. 

Viola Boldin (546-38-42,45, 946) : The evidence in this case 
shows that Viola Boldin was a Democrat and instead of being 
denied the right to vote for the contestant she actually voted 
for the contestee. 

Walter Broyhill (Erroneously called Walter Gray hill in con¬ 
testant’s brief) (553) : This should be William Broyhill. He 
was denied the right to vote upon the same grounds that Will 
Powell and Gaither Carter were denied. 

Rowan County 

Contestants Charges of Illegalities in Rowan County 

Beginning at the bottom of page 21 and ending on page 23 
of his brief, the contestant gives a list of voters that he claims 
were disqualified on account of non-payment of poll tax, or 
non-residence, or improperly voted for contestee on absentee 
ballots. 

With respect to many of the names given the record cited by 
contestant is inconclusive and insufficient to rebut the legal pre¬ 
sumption in favor of the validity of a ballot when once it is re¬ 
ceived and counted by the election officials. 

With respect to the following names included in said list the 
record shows affirmatively that they were lawfully qualified 
voters and that the challenges made by contestant are improper. 
The figures that follow each name in the list below refer to the 
page of the record that establishes the qualification of the voter 
and refutes the contentions of the contestant: 

A. S. Walton, tax paid (997) ; J. L. Clement, voted Repub¬ 
lican (1001) ; J. E. Morrison, soldier (1001) ; George Younce, 
under poll tax age (1001) ; 0. B. Eller, tax paid (997) ; M. N. 
Eller, tax paid (997) ; J. H. Davis, soldier (1001) ; W. V. Tow- 
son, soldier (1001) L. A. Lentz, sailor (1001) ; F. W. Sigman, 

soldier (1081; Roy Sigman, tax paid (997) ;-Greer, 

not in record; J. J. Perry, soldier (1001) ; J. F. Crook, soldier 
(1001) ; J. L. Lomax, tax paid (997) ; K. L. Cress, voted Repub- 



34 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


lican (1059) ; L. B. Cress, under poll tax age (1047) ; B. F. Wil¬ 
liams, poll tax paid in Mecklenburg (1060) ; B. T. Mitchell, W. 
H. Crawford, F. W. Fuller, C. A. Peck, Herman Butler, C. A. 
Hughes, all soldiers (1060) ; 1. T. Burney, voted Republican 
ticket (1060) ; Allen T. Ragan, Raymond Cousins, E. L. Hardin, 
J. R. C. Allen, Bryce P. Beard, P. E. Lewis, D. Daniel, C. S. Gore, 
S. H. McCublDins, H. Cutherell, J. F. Hartman, J. A. Ryan, E. 
G. Walton, H. F. Ryan, J. P. Spencer, Alfred Buerbaum, all 
soldiers (1060) ; Wiley Pickens, T. E. Buerbaum, soldiers 
(1061) ; (j. H. Lucas, voted Republican (1008) ; C. C. Fagot, 
voted Republican (1008) ; L. C. Hambley, soldier (1048) ; 

- Rouche, poll tax paid (1048) ; H. W. Lee, soldier 

(1048) ; H. W. McSwain, W. S. McSwain, Clifton Quinn, John 

C. Busbee,-Joyner, B. W. McKenzie, L. H. Clement, 

Jr., Charles Parker, W. T. Ragland, all soldiers (1048) ; H. Mc- 
Lewellyn, under poll tax age (1047) ; E. B. Arey, paid poll tax 
in Mecklenburg (1048) ; J. H. Lyons, Jr., Charles L. Shaver, 
Donald Clement, M. A. Rogers, W. M. Miller, Arthur Lentz, H. 
P. Letter, soldiers (1048, 1051, 1020) ; Don Hartman, voted 
Republican (1059). 

Luther Casper, John Stokes, M. E. Peetree, T. H. Holman, 
L. A. Boyer, H. E. Hoover, C. D. Hoover, W. R. Little, John E. 
Kennedy, Joe M. Brunner, W. B. Maness, C. G. Owens, E. Hen¬ 
derson, R. B. Beck, T. A. Nussman. The foregoing electors 
were mentioned in the answer of the contestee but he intro¬ 
duced no evidence that they were disqualifid. The contestant 
during the ten days allowed him for testimony in rebuttal only 
attempted to disqualify these men. It was new matter and under 
the law cannot be considered, as no opportunity was afforded to 
answer this new evidence. The right of a voter is quite as 
sacred as that of a candidate, a truth the contestant does not 
seem to understand, and it would be unjust to make it appear 
that a voter had violated the criminal law and afford him no op¬ 
portunity to answer the charge. 

C. H. Lucas, voted Republican (1008) ; N. M. Casper, voted 
Republican (1008, 1010) ; John Murray Bain, seems to have 
voted absentee, no evidence that affidavit did not accompany 
the vote; C. H. Sherwood, voted Republican (1059); J. P. 
Spencer, soldier (1060), this soldier is charged up to the con¬ 
testee twice on the same page of contestant's brief; R. M. 
Lewis, voted Republican (1048); Edgar Griffin, voted Re¬ 
publican (1048); Floyd Kincaid, voted Republican (1048); 
O. H. Etheridge, voted Republican (1048) ; C. S. Freeman, 
voted Republican (1065); Mrs. M. P. Young, contestant’s 
witness says of this lady and her husband: ‘T don’t know 
who they are and have never been able to find out.” On 
cross-examination the same witness says that Mrs. Young 
was a Mrs. Swicegood, whose father had lived in the town¬ 
ship all his life. Witness says he cannot say whether or not 
the daughter and her husband claimed her father’s place as 
their home. E. W. Fetzer, soldier (1060) ; W. C. Gormand 
S. A. Blackner, soldiers (1060) ; S. H. Wiley, consular service’ 




JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 35 

U. S. (452) ; R. E. Ramsey, Jr., J. A. McKenzie, soldiers 
(1061) ; W. H. Hardin, Jr., soldier (1061) ; James Hambley, 
soldier (1061) ; Preston Buford, soldier (1061) ; C. S. Denny, 
no evidence as to how he voted (456) ; T. L. Kluttz, no evi¬ 
dence that he was liable for poll tax (479) ; C. E. Colmes, 
over poll tax age, lives Washington, D. C. (485) ; L. A. Shu¬ 
man, witness does not know him (480) ; Felix Bradley, no 
evidence how he voted (485) ; Douglas Collins, G. S. Boy- 
lan, soldiers (1048) ; O. H. Barnes, this must be O. F. Barnes, 
duly registered, poll tax paid (1064) ; Roy Kincaid, duly reg¬ 
istered, not of poll tax age (1047) ; D. O. Miller, should be 
G. L. Miller, duly registered, poll tax paid and a soldier 
(1048) ; F. M. Miller, duly registered and not of poll tax age 
(1047) ; R. N. Page, duly registered and not of poll tax age 
(1047) ; W. T. Parker, duly registered and not of poll tax age 
(1047) ; E. L. Jones, duly registered and not of poll tax age 
(1047) ; Thomas Baker, duly registered and not of poll tax age 
(1047) ; Z. P. Smith, duly registered and not of poll tax age 
(1047) ; G. M. Russell, duly registered and not of poll tax age 
(1047) ; G. B. Manis, should be J. B. Morrison, duly registered 
and poll tax paid (1048) ; C. M. Groves, did not vote accord¬ 
ing to poll book (1048) ; Samuel T. Ellis, duly registered and 
not of poll tax age (1047) ; Richard Henderson, duly regis¬ 
tered and not of poll tax age, also soldier (1047) ; Thomas J. 
Martin, duly registered and not of poll tax age (1047) ; 
Luther Moore, duly registered and not of poll tax age (1047) ; 
S. W. File, duly registered and not of poll tax age (1047) ; 
L. E. Pennington, duly registered and not of poll tax age 
(1047) ; G. W. Ruffner, duly registered and not of poll tax 
age (1047) ; U. J. Allen, duly registered, under 21, 5/1/19 
(1064) ; W. P. Andrews, over 50 years, 5/1/19, duly reg¬ 
istered (1064) ; T. J. Bailey, under 21 5/1/19, duly registered 
(1064) ; J. A. Barker, duly registered, over 50 years, 5/1/19 
(1064) ; O. F. Barnes, duly registered, poll tax paid (1064) ; 
L. E. Barker, duly registered, poll tax paid (1064) ; H. A. 
Bullin, over 50 years, duly registered East Ward (1064) ; 
D. P. Cagle, duly registered, under 21, 5/1/19 (1064) ; B. 
W. Carter, over 50 years, duly registered (1064) ; T. J. Con¬ 
ner, duly registered, under 21, 5/1/19 (1064) ; O. W. Coates, 
duly registered, under 21, 5/1/19 (1064) ; Ed N. Coates, duly 
registered, over 50 years, 5/1/19 (1064) ; E. P. Dunston, duly 
registered, under 21, 5/1/19 (1064) ; L. W. Davis, duly reg¬ 
istered, over 50 years, 5/1/19 (1064) ; R. W. Davis, W. A. 
Beale, E. B. Denny, Sam T. Dorsey, John Guire, all duly reg¬ 
istered and poll tax paid, are over or under poll tax age, 
(Record page 1064) ; E. B. Denny, above named, soldier, and 
not liable for tax; T. M. Earnhardt, B. G. Erp, Charles Ed¬ 
wards, all duly registered, under poll tax age (1064) ; R. W. 
Elmer did not vote (1051) ; John Ford, duly registered and 
poll tax paid (1064) ; William Howell, duly registered, under 
poll tax age, also E. W. Jones, Will Keegan (1064); J. B. 
Lewis, duly registered, poll tax paid (1064) ; J. R. Monroe, 


36 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


over poll tax age, duly registered (1064) ; J. H. Monroe, duly 
registered, poll tax age (1064) ; Thomas Murphy, duly reg¬ 
istered, soldier (1064) ; O. W. Myers, E. W. Nail, under poll 
tax age, duly registered (1064) ; Robert Nicholson, soldier 
(1051, 1064) ; Charles Owens, registered, poll tax paid 
(1064) ; A. G. Rainey, registered and poll tax paid (1064) ; 
W. L. Rankin, registered, soldier (1064) ; F. F. Smith, reg¬ 
istered, over poll tax age, F. S. Smith, same (1064) ; E. T. 
Taylor, Ed W. Young, registered, under poll tax age (1064) ; 
J. O. White, registered, soldier (1064) ; T. L. Whisnant, sol¬ 
dier (1051) ; Charles E. Julian, tax paid (1051) ; J. D. Lin¬ 
ton, soldier (1051) ; J. 1. Lincoln, soldier (1051) ; A. B. Brown, 
not challenged (512) ; W. T. Cook, under poll tax age (1051) ; 
Floyd Randolph, no reason for challenge given (512) ; W. H. 
Davie, no evidence of liability for poll tax (512) ; T. L. Dan¬ 
iels, over poll tax age (1052) ; W. P. Smith, no evidence 
either way (512) ; Roy Cauble, soldier (512) ; Norman Brown, 
residence shown (1061) ; J. W. Compton, soldier (512, 1051) ; 
J. D. Rice, no evidence how he voted (512) ; A. P. Buford, 
soldier (1051) ; E. W. Crowder, residence shown (1052) ; R. E. 
Nicholson, soldier (512) ; E. M. Allen, soldier, residence 
shown (1052) ; P. D. Clark, poll tax paid (451) ; Lawrence C. 
Hanes, soldier (513, 1051, 1052) ; Fraley Hess, soldier (1052) ; 
J. C. Butler, no evidence how he voted (513) ; R. E. Shanna- 
han, no evidence how he voted (513) ; J. L. Holes, name not 
found in the record. 

In the foregoing list beginning with the name of Mrs. Young 
on page 22 of contestant’s brief and ending with the name 
of J. L. Holes on page 23, a total of one hundred and seventy 
(170) names, we have attempted to show the facts as they 
appear of record. As to the names omitted, the contestee has 
no evidence and leaves it to the committee to say whether 
or not the evidence of the contestant overcomes the presump¬ 
tion of validity raised by the law. 

But it will be noticed that these one hundred and seventy 
names are listed as absentee voters and all of them voted in 
the town of Salisbury, except one. The contestee maintained 
at the hearing and maintains now that the evidence shows 
that the absentee votes in Salisbury were not cast for him. 
This is established by the direct testimony of a number of 
witnesses who swore that on the day of the election it was 
noticed by the election officials that the absentee envelopes 
contained no votes for Congressmen. The fact that contestee 
did not receive these absentee votes in the city of Salisbury 
is further shown by the fact that in these precincts contestee 
ran behind his party ticket, and contestant ran ahead of his 
party ticket, although in the county at large, and throughout 
the district, the contestee in this election and in all other 
elections since he was first elected to Congress, has run ahead 
of the general party ticket. The contestee gave notice in the 
very beginning of the hearings in Salisbury that he denied 
having received these absentee ballots, and demanded strict 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


37 


proof of the same. With respect to these ballots the general 
presumption that a man who votes the Democratic ticket 
would be presumed to have voted for the contestee, is rebutted 
by the evidence in the case. See record, pages 1050-502, 
1061, 1057. 

The forty-seven (47) persons mentioned by contestant on 
page 31 of his brief and covered by the testimony of E. H. 
Bean, are practically all included in the list of one hundred 
and seventy (170), or the other lists given on pages 21 to 
23 inclusive in contestant’s brief, and have heretofore been 
treated in this analysis. The contestant here seems to be 
guilty of “repeating.” 

The testimony of E. H. Bean, referred to on page 45 of 
contestant’s brief, is also covered by our treatment of the list 
on pages 21 to 23 inclusive, above mentioned. Here the con¬ 
testant seems to be again “repeating.” 

The two hundred and thirty-five (235) names mentioned 
on page 55 of contestant’s brief are practically all included 
in the list given by contestant on pages 21, 22 and 23 of his 
brief. 

On page 502 of the record, Mr. Kessler, registrar introduced 
by contestant, says it was talked down there at the time of 
the opening of these absentee ballots that the absentee voters 
were not voting for Mr. Doughton. That was what the judges 
said; they said they were not voting for Congressmen. 

The same witness testifies that in that precinct Mr. Dough¬ 
ton ran 49 votes behind the regular Democratic ticket. The 
same witness testifies that he knows of no elector who voted 
in person the Democratic ticket and scratched Mr. Doughton. 

On page 515 of the record, Mr. Shank, a registrar intro¬ 
duced by Dr. Campbell, testifies that it was a matter of con¬ 
siderable comment while the absentee ballots were being 
opened and cast that they did not contain votes for Congress¬ 
man Doughton. He testifies that the Democratic judge said, 
“Something wrong, there is no Congressional ticket with these 
Democratic votes.” 

On page 1050, Mr. Glover, a registrar, testified as fol¬ 
lows: 

Q. “There was some talk around there, was there 
not, about none of the absentee ballots having Con¬ 
gressman Doughton’s ticket on it?” 

A. “Yes, sir; the judges were talking about it.” 

Q. “That there were no Doughton absentee bal¬ 
lots?’^ 

A. “Yes, sir.” 

On page 1043 of the record Mr. George Martin, one of the 
election judges, testifies as follows: 

Q. “Was there anything about these absentee votes 
that*attracted your special attention?” 

A. “Yes, sir. We had been counting some little 
time * I discovered that we did not have Congressional 


38 JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 

tickets at all. I turned around and made the remark 
to every one in there, ‘Where are the Congressional 
tickets? None coming in here.’ ” 

Q. “You do know that a great many of these absen¬ 
tee votes did not have ballots in them for Mr. Dough- 
ton?” 

A. “I doubt if he had a dozen in there.” 

Q. “You say there were probably 75 or 80 absentee 
votes cast?” 

A. “Yes, sir; I think so.” 

On page 1057, Mr. Coggin, an emergency judge, testified 
that Mr. Doughton ran 45 or 46 votes behind the Democratic 
ticket and that he did not recall a single Democratic voter 
who in person failed to vote for Mr. Doughton; that in his 
opinion the falling off of the Doughton vote was in the 
absentee ballots. 

The above testimony covers all four of the wards in the 
city of Salisbury, and demonstrates to a moral certainty that 
Mr. Doughton did not get the votes in the absentee ballots 
and that none of them can be charged up against him. 

The total number of names charged against us by con¬ 
testant on pages 21, 22 and 23 of his brief are 294. We have 
gone through the list and have accounted for 197 of these, 
which would leave only 97 unexplained. But as a matter 
of fact the list of 169, beginning with Fetzer, on page 22, and 
ending with Holes, on page 23, cannot be considered against 
us, for the reason that they are absentee ballots and there is 
no evidence that Mr. Doughton received these ballots, but 
on the other hand the evidence is exactly to the contrary. 

Neither can there be considered against us any of the 30 
names, beginning with Casper, on page 22, and ending with 
Freeman, on the same page, for the reason that this is new 
matter, as heretofore explained in this brief. Therefore we 
are not called upon to explain any of these votes except the 
94 beginning with Walton on page 21, and ending with 
Leffler on page 22. 

An examination of the above analysis of the entire list will 
show that we have accounted for 67 of these 94, leaving 
unexplained only 27 votes. 

The next charge against Rowan County is found on page 
46 of contestant’s brief, where he refers to a list prepared by 
J. D. Lee, whose testimony appears on page 1250 of the record. 
This list cannot be considered for several reasons: (1) It is 
absolutely new matter and was not introduced until late in 
the afternoon of the last day of the hearing, when the con¬ 
testant was, under the act of Congress, limited to taking testi¬ 
mony “in rebuttal only.” The contestee in apt time objected 
to the introduction of this list for the reason that he would 
have no opportunity whatever to reply to it, or even to examine 
its accuracy. (2) The witness does not pretend to testify 
who any of these parties voted for, or even as to the politics 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 39 

of a single one of them. Indeed, he somewhat boastingly 
declared that he knew nothing whatever about them, except 
what he found on the record. (3) Though the contestee was 
taken completely by surprise he demonstrated on the cross- 
examination that the evidence of the witness was totally 
unreliable and that the list he offered would mislead rather 
than lead any one who was in search of the truth. The 
witness testified that he did not live in the County of Rowan, 
that he had no acquaintance with the people whose names he 
found on the list, and that he would not know whether or 
not a person who registered as Mrs. Mary Keever was the 
wife of Engineer D. P. Keever and appeared upon the poll 
books as Mrs. D. P. Keever. He testified he did not know 
whether or not Miss H. F. Dorton and Miss Helen Dorton 
were the same person; that he did not know whether or not 
P. Lynn Crus and Lynn Crus were the same person. We 
might continue these illustrations, but the whole testimony 
shows that the list offered by this witness is worse than 
useless. 

We call the attention of the Committee to the gross un¬ 
fairness of attempting to disfranchise 253 electors at such 
a time, in such a manner, and with such a witness. 

If the Committee should be disposed to give the least heed 
to the evidence above referred to, then the contestee is in 
possession of affidavits made by registrars in the wards re¬ 
ferred to in evidence by witness, J. D. Lee, which fully 
explains the entire matter and which is at the command of 
the Committee. 

The contestant seems to labor under an obsession that a 
man may be elected to Congress by “inferences and deduc- 
tions’’ instead of receiving votes. There is a striking illus¬ 
tration of this obsession on pages 54 and 55 of his brief, where 
he adds up the total absentee vote in Salisbury, and then 
having challenged 170 of these by name, which challenges 
we have examined, he proceeds by inference and deduction, 
and without attempting to show contestant's reasons, a single 
one of them, to charge up the balance of the 235 absentee 
votes to the contestee. 

The contestant affects to be greatly grieved on account of 
the absentee ballots, and by inuendo and suggestion seeks 
to create the impression that somebody had done something 
wrong about these ballots; but in the entire record there is 
not a line of evidence that in the election of 1920 a single 
Republican sent in an absentee ballot that was not received 
and counted if legal. Indeed, contestant’s own witnesses dis¬ 
claim that they intended to make any such charge or create any 
such impression. 

Stragglers in Rowan 

Contestant’s brief, page 29, makes certain charges as to 
absentee votes, under testimony of J. L. Fleming. There is 
no suggestion that any of the parties mentioned were not 


40 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


lawfully qualified and registered voters. The ballots were 
received without objection, the affidavit as to disability was 
in due form, and the ballots accompanied the affidavit. No 
challenge was made, and the legal presumption is in favor 
of the validity of the vote (R. 426). The same can be said 
with reference to the charges made under the name of W. L. 
Shaver. (Brief page 29, Record page 433.) 

The record does not sustain the charges made under the 
name of W. A. Hall (Brief page 29). Counsel for contestant 
expressly stated that he did not challenge for lack of educa¬ 
tional qualifications (R. 440). The witness himself stated 
that he did not hear a single question asked by the registrar 
nor a single answer given by the applicant. 

There is no evidence that Miss Mollie Polios voted; there 
is evidence that she was dead. The record shows that a Mrs. 
Mollie Powers voted; there is no evidence that she is not 
alive. 

The record does not sustain the charge as to Frank Owens 
on page 30 of the brief, but shows that all parties were treated 
exactly alike (R. p. 444). 

The list of 47 voters referred to on page 31 of brief is 
included in the list heretofore considered on pages 33 and 34 
of contestant’s brief. 

The record does not sustain charges under the name of 
E. C. Shaver, on page 31. The witness says, when asked 
about these 13 names, that some of them were residents and 
some were not (R. p. 1168). But out of the whole record of 
names only one is a non-resident. This one, John Stokes, 
had no opportunity to refute the testimony. It was new 
matter offered in rebuttal and cannot be considered. This is 
true with respect to all of the 13 names mentioned. What 
is said about Bostian, Wyncoff and Shank is all new matter, 
offered during the time in which contestant could take evi¬ 
dence in rebuttal only, and cannot be considered. The rea¬ 
sonableness of this rule is found in the fact that, although 
Mr. Shank had no opportunity to contradict the witness dur¬ 
ing the hearings, his deposition has subsequently been taken 
and in it he denounces the statement as absolutely false. It 
appeared on page 1049 that the persons registered by proxy 
were Republicans and sons of the Republican chairman of 
the county. 

The general charges as to unlawful registration methods 
in Rowan cannot be sustained by the record. The tenor and 
weight of the evidence given by contestant’s own witnesses 
is that the officials faithfully performed their duties and 
treated all parties alike. The charges made under the name 
of L. B. Kerr, on page 44 of brief, are flatly denied by the 
registrar himself (R. 1029). J. A. Gaskie (Brief, page 45) 
voted the Republican ticket. He also testifies that in the 
election of 1920 people did not follow family politics, but 
that the women and young men voted as they pleased. The 
charge under the name of P. C. Lentz, on the same page of 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 41 

the brief, is not sustained. The evidence as to the registra¬ 
tion of the woman is hearsay, and there is not a suggestion 
as to how she voted (R. 509, 510). The Bean list referred 
to on the same page is new matter and cannot be considered. 
This Mr. Bean is a most remarkable witness. By inferences 
and deductions he testified to almost everything under the 
sun, but he knew absolutely nothing of his own knowledge. 
The contestant used him as a general utility witness and no 
one could seriously think of turning a man out of Congress 
upon testimony of such a vague and general character as 
that of this witness is shown to be. About the only definite 
thing he does say is that under all the facts and circum¬ 
stances he thinks it would be wrong to disfranchise the sol¬ 
diers; that they were led to believe, by the order of the 
commissioners of Rowan, that they were entitled to vote 
without payment of poll tax and, therefore, it would not be 
right to throw out their votes (513). 

The matters referred to under the name of W. N. Sapp 
(brief page 53) are denounced as false by Mr. Shank, and 
new matters that cannot be considered. This is true with 
respect to what is said under the names of Wyncoff and Bean 
on the same page. 

A remarkable illustration of the recklessness of contest¬ 
ant’s brief is found on page 54, where he says “18 Democratic 
absentee votes were cast; certificates of these did not state 
whether for Republicans or Democrats, but they were voted 
Democratic” (R. 434). I have read the record cited and 
find that the witness does testify about 18 absentee votes. 
He was not cross-examined at all, and in his direct testimony 
he does not use the word “Democrat” or “Republican,” or 
make reference to politics or political parties in any way. 
The reading of his testimony would not convey a suggestion 
that there were such things as political parties in the United 
States 

On page 54 contestant cites record 437 to show irregu¬ 
larities in regard to the absentee vote, and on this page the 
witness for the contestant testifies: 

Q. “What was it? Democratic?” 

A. “No, Republican. Happened to be a Repub¬ 
lican, and his wife was wanting to find a doctor to get 
a certificate, and I told the board we knew of our own 
personal knowledge that the man was sick, and I pro¬ 
posed to relieve her of that trouble. We counted that 
vote. That was the only one that was irregular” (R. 
437). 

Contestee’s Challenges in Rowan County 

The record discloses that the following persons were liable 
for poll tax and voted for the contestant. Dr. Campbell, without 
having paid the same as required by law. None of the follow¬ 
ing parties are soldiers. 


42 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


Spencer Precinct 

J. E. Allman, R. H. Atwell, J. C. Agner, W. F. Beck, R. H. 
Bingham, S. E. Burch, S. F. Brandon, Council Brandon, J. L. 
Clement, R. S. Freeman, S. H. Gordon, S. R. Hendren, W. D. 
Kepley, J. T. Leonard, R. A. Owens, J. H. Ribelin, H. D. Stutts, 
W. D. Spake, Noah Lee Walser, B. S. Young (998). (These 
names challenged on page 998 and particulars as to the indi¬ 
viduals given on pages 1001 and 1002.) 

BarnhardPs Mill Precinct 
George Earnhardt, George Foutz (1007). 

China Grove Precinct 

C. E. Correll, N. M. Casper, W. W. Farrington, G. N. A. 
Propst, S. A. Smith, G. W. Phillips, L. B. Rogers (Printed L. 
B. Bogle on page 1010), C. C. Faggott, L. T. Agle, H. A. Stire- 
walt, C. H. Stirewalt, R. W. Watts, A. L. Ritchie, O. B. Jones, 
R. L. Swink, John D. Miller (Printed John G. Miller on page 
1010), T. W. Overcash, L. N. Overcash (1008 and 1010). 

Mount Vila Precinct 

R. E. Miller, C. P. Miller, E. R. Brotherton, W. L. Wilson 
(1009,1010). 

Bostian’s Cross Roads Precinct 

W. A. Brown, Arthur Kluttz, E. L. Stirewalt (Printed A. L. 
Stirewalt top page 1014), Charlie Roseman, M. L. Overcash 
(Claims exemption on page 1228 but does not give date), J. 
L. Lippard (1013, 1014). 

Posts Mill Precinct 
J. J. Lee (1015, 1016). 

Grants Creek Precinct 
W. L. Overcash (1016, 1017). 

Rowan Academy Precinct 

C. C. Brady, Harris Earnhardt, Jasper N. Weaver, Elmer 
Waller (1017, 1018). 

Hatter’s Shop Precinct 

D. F. Swink, C. F. Frick (1019, 1020). 

Granite Quarry Precinct 
Burley Kluttz (1020). 

Woodleaf Precinct 

A. L. Sherrill (on page 1187 Sherrill appears to have paid 
taxes but no poll tax), J. R. Seeman (1022, 1024). 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


43 


Steele Precinct 

G. S. Arthur, S. J. Lentz, H. S. Plyler (1022, 1024). 
Enochville Precinct 

A. M. Cross, G. T. Herman, Roy Peatre (1023, 1024). 
Cleveland Precinct 

J. W. Graham, J. E. Beeker (this name of Beeker is printed 
Beagle on page 1024, but the correct name of Beeker on page 
1027), T. L. Beeker, S. M. Goodman, Douglas L. Roseman 
(1024,1027). 

Gold Hill Precinct 

Adam Kirk, Eugene Ridenhour, Sam Smith (1024, 1028). 
Bradshaw Precinct 

M. A. Basinger, Gaither Bostain, C. W. London, Horace 
Graham (1029). 

Franklin Precinct 

S. C. Jones, Ezra Miller, Early Miller, D. W. Myers, Fred 
Fesperman (1032, 1033). 

East Spencer 

W. A. Reading, Lonie Slade, Ed S. Holt, L. E. Clement, H. S. 
Grubb, Prior Holderby, Chall Wise, Charlie Hargrave, R. A. 
Bethel (Pethel), James A. Snider, B. B. Moore, J. C. Crook, 
Calvin Smith, Tom Biggers, John Kerr (1034). 

Rockwell Precinct 

Harrison C. Threll, C. R. Pless (1035, 1036). 

Heilig’s Mill Precinct 

M. E. Goodman, Charles Yost, E. N. Misenhammer, B. L. 
Ward, W. M. Rogers, H. L. Gantt, J. L. Peeler, Walter W. 
Artz (1038). 

Landis Precinct 

J. L. Bradshaw (claims exempt from poll tax but record 
page 1231 shows exempt for only 1916), C. M. Cook, Grover 
Cook, E. D. Childers, A. H. Falls, Ralph P. Hansel, W. F. Kiser, 
W. L. Lafevers, Wilborn Long, James H. Milan, James L. 
Moore, V. E. Overcash, A. A. Sherrill, Raymond Thornburg, 
F. H. Wright, J. 1. Williams, Archie Roseman, J. S. Brady, 
Tom Doby, J. Bostain, John Rinehardt (1039). 

North Ward Precinct, Salisbury 

A L Simpson, W. S. Wagner, George B. King, Floyd Kin¬ 
caid, F. V. Garrett, R. M. Lewis, B. H. Weisner, E. D. Buckner 
(record shows paid poll tax Dec. 31, 1921), S. P. Smith, B. L. 
Price, O. H. Etheridge, Edgar Griffin, H. G. Bass, Henry Dob¬ 
son, H. H. Peacock (1048). 


44 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


South Ward Precinct, Salisbury 

L. C. Wilson, H. C. Beaver, A. S. Croon, R. L. Gantt, Henry 
W. Johnston, T. L. Mallory, James T. A. Heilig, R. E. Huff¬ 
man, M. L. Wade, J. D. Rice, L. J. Shive, L. T. Barbee, L. Y. 
Propst, C. A. Barnhardt, E. L. Mallory, J. E. Shepard, J. V. 
Beck (1052). 

Scotch Irish Precinct 

O. N. Safrit, V. G. Smith, J. D. Osborn, W. T. Caton, R. G. 
Dayvault, A. E. McDaniel, L. C. Booe (1055). 

West Ward Precinct 

J. O. Brown, C. M. F. Graham, G. L. File, W. A. Sills, C. B. 
Leazer, K. L. Cress, I. A. Nussman, N. C. File, Walter Mesi- 
more, Burley Yost, P. L. Reavilia, C. S. Parrish, W. N. All- 
bright, D. C. Foster, I. T. Burney, R. P. Armstrong, J. V. Rich¬ 
ardson, John Russel, J. L. Stiller, H. A. McDaniel, T. E. Tunis, 
J. T. Tillinghass, W. H. Wallace, J. W. Saunders, R. E. Pow¬ 
der, U. A. Dry, J. P. Spencer, H. A. Parks, W. B. Taylor, C. A. 
Sherwood (1059). 

East Ward Precinct 

George M. Shupin, C. S. Freeman, R. W. Fink, L. W. Lud¬ 
wig, G. N. Koontz, Jess Ennis, R. L. Russell, Luther Hagler, 
E. M. Keith, R. B. Beck, E. D. Doby, W. C. Brown, R. W. Elmer, 
Lewis Henharrier (1065). 

Morgan Precinct 

Charlie Goodman, H. Walter Wyatt (1070). Total 215. 

List of voters in Rowan County who voted for Dr. Campbell 
without payment of poll tax, but who, it is either proven or 
admitted, were either soldiers or sailors. 

Mount Ulla 

J. R. Lefler (1009, 1010). 

Posts Mill 

C. J. Wise, J. D. Graham (1015). 

Grants Creek 

R. L. Gaskey (1016, 1188). 

Granite Quarry 

Moses L. Wyatt, Charles F. Brown, Elbert W. Kluttz (1020). 

Steele 

A. B. Rex, T. A. Litaker, Floyd Carr, C. F. Graham (bottom 
p. 1022 and middle p. 1024). 

Enochville 

Walter Rogers, L. O. Cavin, Edgar Hunnicutt (1023, 1024). 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


45 


Bradshaw 

J. V. Smith, C. J. Smith (1029). 

Franklin 

H. F. Zimmerman, Charles M. Hall (1032, 1033). (Dr. 
Campbell claims these two were soldiers—R. 1235). 

Rockwell 

N. V. Wagoner, Luther A. Lyerly, Lester L. Brown, G. Wal¬ 
ter Peeler, Boyden L. Holthouser, Arthur L. Rinehardt (1036, 
1186). 

Heiligs Mill 

W. T. Goodman, E. B. Goodman, R. L. Goodman (1038), 
S. A. Fink, W. C. Gantt, Charles M. Jones (1038, and on page 
1215 Dr. Campbell proves these three were soldiers). 

Landis 

R. W. Sherrill, C. F. Matheson, W. P. Corriher, R. G. Ritchie 
(1040). 

North Ward, Salisbury 

M. D. Sapp (1237, 1045), F. H. Kolass, Robert A. Kolass 
(1048, 1049). (These two boys, sons of R. A. Kolass, Chm. 
of the Western N. C. Republican Club and Chm. of Repub¬ 
lican Executive Committee, Rowan County, etc.) 

West Ward 

W. H. Hinceman, W. H. Kirk, W. Aldridge, Walter J. Holt, 
George T. Russell, L. E. Ballard, W. H. Heilig (1059). 

Morgan, No. 1 

Noah F. Stokes, Miles J. Arey, W. Mack Wyatt (1070). 
Total, 47. 

List of voters in Rowan County who voted for Dr. Campbell 
but who were non-residents either of the County of or the Pre¬ 
cinct where they voted for the required length of time. 

Berry Strieker (1016, 1182), Richard P. Miller, F. Harring¬ 
ton (1035, 1036, 1186), T. R. Lingle, Mrs. T. R. Lingle, B. 
M. Eagle, Mrs. B. B. Eagle, John L. Peeler (1038), L. M. 
Troutman (1070, 1167, 1207), R. B. Childers, Mrs. R. B. Chil¬ 
ders, S. J. Curlee, M. S. Caskey, Robert Fish, G. M. Fox, Claude 
Merritt, J. B. Price, J. W. Parton, Pink Pethel, Mrs. Bert 
Pethel, S. O. Whitman (top p. 1040). (The last 12 voted at 
Landis Precinct). Total, 21. 

List of voters in Rowan County who voted for Dr. Camp¬ 
bell but whose names were not on the registration books. 

H. A. Ketner, B. T. Roseman, A. L. Ketner, E. F. Wilhelm 
(1013), C. E. Collins, J. W. Readling (bottom p. 1039), M. C. 
Whitman, A. W. Penick, J. A. Tutterow (1048), W. N. Hen¬ 
derson (1059), Calvin Eagle, David J. Bean (1172). Total, 
12 . 


46 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


Summary of illegal votes cast in Rowan County for Dr. 
Campbell as shown by above list: 

For non-payment of poll tax. 215 

Non-residents of County or Precinct. 21 

Voting but not registered. 12 

248 

For non-payment of poll tax, but soldiers. 47 

In the foregoing analysis we have shown that in the County 
of Rowan the contestee cannot be chargeable with more than 
27 unlawful votes. The above records show a total illegal 
vote in favor of the contestant of 248, not including the soldiers 
who should, under no circumstanes, be disfranchised upon the 
facts shown in this record. But if we deduct from these 248 
the 27 unexplained votes in favor of the contestee there is left 
a net charge against the contestant in Rowan County' of 221 
votes. 


Stanley County 

Conspiracy to Defraud 

This charge is first brought forth in the contestant's brief. 
In the notice of contest there is no allegation of any conspiracy. 
There are allegations that in two precincts a number of Re¬ 
publican electors were prevented from voting by the failure to 
open the polls. We will now consider the evidence in regard 
to these charges. 

It is undoubtedly true that both Republicans and Democrats 
were unable to vote in the precincts of Big Lick and Furr. 
There were more Republicans in these precincts than Demo¬ 
crats and naturally more of them failed to vote on account of 
the disorder than did the Democrats. The evidence is that 
in proportion to their number the Democrats and Republicans 
who were unable to get to the ballot boxes were about the 
same. 

We have carefully considered the evidence bearing on the 
situation in these two precincts and give a summary of the 
same below. We submit that fairly weighed the evidence 
establishes three things: (1) That the election officials were 
in no way responsible for the disorder around the polls nor 
for the congestion that resulted in the failure of some of the 
electors to vote. (2) That there was no conspiracy of any 
kind on the part of the officials or any one else to deprive 
electors of their votes. (3) That the real reason for the situ¬ 
ation which developed at these precincts, is that someone, 
without justification or excuse, had circulated a report that 
the Democrats at these precincts were not going to allow the 
Republicans to vote. This caused great excitement in the com¬ 
munities and on the morning of the election the Republicans, 
who vastly outnumbered the Democrats, rushed to the polls 







JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


47 


like people rush out of a building when there is a cry of fire, 
and that this resulted in such a congestion around the polls 
as to make it impossible for a number of people to cast their 
votes. It is exactly what would happen at a railroad or 
theatre office on any great occasion if the people were not 
required to stand in line. At one time it was suggested that 
the people stand in line and vote alphabetically but this propo¬ 
sition was cried down by the Republicans. We give below a 
summary of the evidence in regard to these two precincts. 

This summary discloses that the vast majority of the people 
who created the congested condition around the polls were 
Republicans. In the absence of a conspiracy on the part of 
the officials, or a conspiracy on the part of any one on the 
outside to interfere with and delay the voters, we do not think 
that the votes not cast should be counted. But if the Com¬ 
mittee should feel constrained to allow these votes to be 
counted for contestant there are 61 out of the 264 listed whose 
names cannot be included as voters for the contestant. This 
is because they were not present at the polls and made no 
effort to vote, or were not qualified voters, or were paired 
with Democrats. The list follows: 

Silas A. Smith, paired with Jerome Turner (1349). R. T. 
Burris, voted (1348). B. R. Smith, too busy at his cafe 
(1348). J. T. Honeycutt, non-resident (1341). J. H. Mor¬ 
gan, did not want to stand the press of the crowd to go 
through (1341). B. L. Whitley, no evidence he tried to vote 
(1342). W. A. Edwards, paired with Democrat (1340). 
C. J. Tucker, did not try to get in, looked after the baby while 
his wife was voting (1338). A. F. Hinson, did not try to get 
in (1338). Tom Stanley, in rebuttal (1539). J. O. Hun- 
sucker, in rebuttal (1525). Paul Austin, challenged and tried 
by judges for non-residence (1520). Mr. and Mrs. A. J. Jolly, 
did not vote because they were challenged (1534). Mr. 
Ridenhour, tried by judges for non-residence (1506). Mr. 
and Mrs. Puett Simpson, new matter (1544). Joe Helms, 
tried by judges for non-residence (1520). W. B. Nichols, 
always been a Democrat, did not attend the polls (408-9). 
Willie Hatley, paired off with V. L. Kennedy ^089). P. J. 
Smith, did not try to get through crowd (1332). D. Honey¬ 
cutt, paired with Democrat early in the morning (1332). L. A. 
Little, was in the house an hour and a half in the morning, 
never made any special effort to vote (1331). L. M. Whitley, 
made no effort to get through crowd (1331). M. L. Morgan, 
stood around, but did not try to get in (1329). W. F. Hill, 
did not try to get in (1327). A. W. Barbee, did not try to 
get in (1326). S. M. Smith, said he couldn’t get into house 
without scrouging somebody out (1322). Ralph Hartsell, did 
not try to vote (1480). Adam Hathcock, did not try to get in 
(1480) Math Tucker, voted Republican (1481). W. W. 
Honeycutt, judges said he did not get to polls until after the 
sun was down (1468). Iresus Lambert, did not testify at all. 


48 JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 

hearsay not competent under the rules of the House of Rep¬ 
resentatives (Hind's Precedents). Jacob Tucker, does not 
say that he v^as a qualified voter (1467). W. O. Drake, does 
not say that he did not vote (1466). M. R. Lambert, no evi¬ 
dence he is a qualified voter (1463). C. R. Barbee, officials 
said sun was down, no evidence that he was a qualified voter 
(1462). Aaron Lee, was not at the polls (1314). J. E. Mor¬ 
ton, he did not testify (1440). Silas Honeycutt, did not testify 
(1440). Shufford Furr, did not testify (1439). J. S. Sasser, 
did not testify (1439). Philip Smith, Charlie Miller, Wade 
Whitley, did not testify (1438). T. A. Honeycutt, did not 
testify (1316). Ben Preston, no evidence that he was a quali¬ 
fied voter (1456). Cannon Sossaman, left polls, did not try 
to vote (1314). J. A. Furr, did not testify, also Clyde Furr 
(1316). J. L. Honeycutt, and V. R. Hahn, did not testify 
(1316). T. M. Almond, Bob Mason, John Dreese, Henry Mor¬ 
gan, C. F. Smith, Silas Morgan, E. M. Lambert, Jack Long, 
all of these did not testify (pages 1447 and 1448). Total, 61. 

It also appears from the record that twenty-four (24) 
Democrats testified that they tried to vote but could not. The 
evidence is that many more were actually prevented, but the 
twenty-four (24) are the only ones who personally testified. 

Furr Township 

E. B. Smith (1147). R. C. Huneycutt (1147). E. J. Taylor 
(1150). Mr. Furr (1150). John Smith (1151). Carlie Efird 
(1151). Jason Efird (1151). T. W. Huneycutt (1152). 
Hoyle Tucker (1152). T. B. Love (1152). Henry Eudy 
(1153). Sam A. Huneycutt (1153). Jerome Carter (1313). 
Total, 13. 

Big Lick Township 

R. E. Smith (1074). M. C. Lowder (1075). W. A. Hone 
(1075). T. S. Eudy (1084). C. L. Eudy (1085). Joe Hatley 
(1085). A. A. Hatley (1086). R. W. Hatley (1086). Jap 
Huneycutt (1087). J. T. Hatley (1087). Jerome Foreman 
1087). Total, 11. 

Deducting the list of sixty-one (61) and the list of twenty- 
four (24) a total of eighty-five (85) from the two hundred and 
sixty-four (264) leaves only one hundred and seventy-nine 
(179) that can in any event be considered. 

Summary of Evidence About Big Lick and Furr Precincts 
Big Lick 

There were approximately one thousand (1000) voters in 
Big Lick precinct (1367). Seven hundred and fifty (750) 
actually voted (1369). The proportion of Republicans to 
Democrats was about six to one (6 to 1) in that precinct 
(1073). 

The polls were opened out of doors, but it soon began to rain 
and they were forced to move into a small house where it was 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


49 


very dark and where the voters crowded in so thick that it 
interfered with the election officials in the discharge of their 
duties. In moving they lost about one-half hour (1075) 
(1369). 

On account of the crowded conditions around the doors a 
large number of Demorats did not get to vote and some names 
are given (1073-90). 

D. R. Kennedy, a judge of election, says (1076), there was 
no delay except ten or fifteen minutes in trying to find the name 
of a Republican who was not registered but insisted that he 
was. Had a Republican bailiff at one door who left the door 
and went to the ballot box and put in tickets. The reason they 
could not all vote was because of the crowd; there was nothing 
done on the part of the election officials that would deprive Dr. 
Campbell of any vote. I told Mr. Whitley, the other judge, if 
they did not go to the back door and keep them from crowding 
I was going to quit. The Republicans were crowding the back 
door. Had no information or instructions from Democrat 
headquarters or any where else during the campaign or before 
the election that the election would be delayed or hindered 
(1078). Mr. Whitley, the Republican judge, said that night, 
‘‘We have not voted all but we have done mighty well to vote 
what we have.^' We had trouble in finding the names of the 
voters on the registration book. There were several pages of 
“Hs'^ and the people crowded in and made it so dark the regis¬ 
trar could not find the names. I told the boys “Let the man 
alone and he will find the names faster than all of you.'' 

J. J. Lancaster, a bailiff (1079) : The election officials could 
have gotten along faster if the crowd had not been there. 

Luther Little, the Republican bailiff, left the door and went 
where they were voting and helped put in tickets. I did not see 
anything that indicated the purpose on the part of the election 
officials or others in charge of the election to hold the Repub¬ 
licans back and let the Democrats vote. I never heard of any 
plan or scheme to impede the election. The election was con¬ 
ducted fairly and squarely to everybody (1080). 

C. C. Helms (1081) : They crowded and shoved and kept 
the polls crowded, I could not have done as well as the officials 
did. There was no advantage taken of anybody. Mr. Whitley, 
the Republican judge, said that night “He did not want any¬ 
body to tell him that was an unfair election." 

S. S. Huneycutt (1083) : I got there early with my wife. 
She had rheumatism; I asked Mr. Whitley, the Republican poll 
holder, to let me take her in at the back door. He refused. I 
saw him let Mr. Grover Smith, and take his wife (a Repub¬ 
lican) in and vote her and saw Mr. Whitley carry his father in 

and vote him. , ^ 4 . 4 . 4 ? 4 . 1 . 

C C. Furr (1083) : There was no effort on the part of the 

election officials to let Democrats come in and vote in prefer¬ 
ence to the Republicans. I never heard of any plan from Dem¬ 
ocrat headquarters or other place to keep the people from Big 
Lick and Furr from casting their strength (1084). 


50 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


Joe Hatley (1085) : I did not get to vote on account of the 
crowd. Did not see anything on the part of the election offi¬ 
cials that indicated that they were going to delay the progress 
of the election. One Republican and one Democratic bailiff. 

Jap Huneycutt (1087) : I tried to vote but couldn't get in, I 
imagine if I had crawled on their heads and backs I could have 
gone in. 

W. I. Little (1088) : It commenced to rain and they crowded 
the house. There was nothing done there to keep the Repub¬ 
licans from voting or allowing the Democrats to vote in front 
of the Republicans. The election officers did the best they 
could. 

Bruce Furr (1089) : I tried to get the crowd to line up so 
that they could go in orderly but Mr. Whitley said we could 
not do it. If they had done that the election could have gone 
faster. 

J. M. Boyett, candidate for Register of Deeds and active in 
the campaign (1092) ; R. N. Furr, County Chairman (1093) ; 
W. L. Mann, Assistant County Chairman (1093), all testify 
that there was no scheme or plan devised or sent out from 
Democratic headquarters during the campaign to deprive any¬ 
body of voting at the election. 

W. S. Cox (1100) : Absolutely denies the testimony of 
Homer Smith as given on page 1547, and says there was 
nothing said at Democratic headquarters of any scheme or 
plan to deprive anybody of their votes and denies the con¬ 
versation with Homer Smith. 

Dan Speights (1115), Jim Maudlin (1116), J. F. Blacock 
(1116), Fred Smith (1116), Earl Bost (1117), Will Davis 
(1117), Alma Smith (1117), Thurman Mabry (1118), all 
testify that they were at Democratic headquarters at the time 
that Homer Smith says that Cox told him of the scheme to 
hinder and delay the election and they all state positively that 
it is absolutely false and no foundation in the world for it. 

J. M. Harris (1118), says Cox’s character is good. 

G. Ed Crowell (1119), denies absolutely the statement put 
into the record by I. R. Burleyson, attorney for contestant, and 
he is corroborated by D. E. Efird (1125). He did not get to 
vote on account of the pushing and crowding. 

A. P. Harris (1156), and W. J. Cotton (1157), deny abso¬ 
lutely and positively the statement of W. F. Swaringen on page 
1529 and say that no such plan or scheme was ever discussed. 

George W. Reid (1133), also positively denies the statement 
of Swaringen and says that he was not in the office of R. L. 
Smith the night before the election and never heard of such a 
scheme as testified by Swaringen. He is corroborated. 

A. P. Harris and W. J. Cotton (1156-7) : The judges and 
registrars of election were all men of the highest character 
(1128-1131). 

H. P. Efird, Democratic registrar (1368), used as much dili¬ 
gence registering Republicans as Democrats. Only made one 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


51 


stop during the entire day of about half hour to move into the 
house out of the rain (1369). There were about three hundred 
(300) “H’s"’ and the names were hard to find, especially the 
names of the women. I did everything possible to expedite and 
hurry the election. No one asked permission to examine the reg¬ 
istration books. Several Republicans assisted me in looking for 
names in the book. I did everything I could to get out the 
vote. The crowding and pushing of the crowd around the 
polls interfered with the election (1371). Did not deny any¬ 
body the right to vote unless they were challenged. 


Furr Township 

R. W. Simpson (1140) : In the afternoon I went around to 
the back door and heard someone say ‘‘Keep the dam Demo¬ 
crats out.'’ There was a large crowd jammed like sardines 
almost, at the back door. They were depriving each other. 
They were backed up there so you could not get in. I took the 
deputy sheriff and went around there and tried to scatter the 
crowd once or twice (1141). 

Adam Barbee (1140) : I did not see the Democrats in any 
way hindering or preventing the Republicans from voting. 
The back door was crowded bad. This is the door they en¬ 
tered to vote at. 

E. T. Huneycutt (1141) : It was a dark, rainy day and the 
front window glass had been broken and had plank nailed 
over it to keep the rain out. There was a window over the 
rear door. It was so dark a little while they had to use a lamp. 
If the crowd had voted in orderly manner I think they all could 
have voted. The Republicans were two to one or more to the 
Democrats and they were doing the most of the crowding. 
Some of them voted and then went out the front door and went 
back there and pushed and shoved until the polls closed that 
night. John Walters, a Republican, was one of them. The 
election officials did not do anything to delay the voting. 

Hubert Love (1144) : I live about one mile and a half from 
the polls. Mr. Sossamon, the registrar, passed my house be¬ 
fore sun up. Sometimes there were two hundred or more 
crowded around the door; 85% or 90% were Republicans. I 
know of 40 or 50 Democrats who did not get to vote. I never 
heard of any threats made to give any trouble. I heard J. S. 
Sapp, chairman of the Republican executive committee, state 
to a number of Republicans that they ought to take the elec¬ 
tion officials out and beat the devil out of them; also heard 
James Treece, a Republican, telling what they were going to 
do. Said they were going to break down the house like they 
did in 1914. Did not see any of the Democratic election offi¬ 
cials do anything to delay the election. 

G. W. Bass (1145) : When the registrar went out of the 
door to get my wife's vote it did not take over two minutes. 
She fell and hurt herself and could not walk. Mr. Hathcock, 


52 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


the Republican judge, agreed that they might go out and take 
her vote. 

Grady Green (1146) : The polls did not open more than 
twenty or thirty minutes late. The election officials did not 
do anything to delay the voting. There was no delay except 
they would crowd the house and such a racket we could not 
keep the house clear. It was very dark in there and the 
crowd made it worse. If they had not crowded so we could 
have gotten along better with the voting. No partiality shown 
in the election; no privileges given to the Democrats over the 
Republicans. Forty or fifty Democrats did not get to vote. 
Had great difficulty in finding the names on account of its being 
so dark in there. There were about two Republicans to one 
Democrat in the house. 

R. C. Huneycutt (1147), Democratic candidate for county 
commissioner: Did not get to vote; so crowded he could not 
get in. Fifty to 100 or more pushing around the door all the 
time. Heath Barber and C. C. Huneycutt, Republicans, were 
permitted to go in and vote ahead of the crowd because they 
had sick children at home (1148). 

J. W. Starnes (1148) : There were 50 or 75 people in the 
crowd around the door all the time; the Republicans would 
go in and vote and come out and say '‘Let’s crowd out the dam 
Democrats.” The fellows who said this had already voted. 

Miss Edna Huneycutt (1149) : I assisted Mr. Sossamon, the 
registrar, and helped him to try to get the names as fast as 
we could. There was no unreasonable delay at any time. Mr. 
Sossamon used due diligence and found the names of the 
voters as best he could under the circumstances. There were 
several pages of “H’s” and “L’s” and these names were hard to 
find; the light was very bad; it was cloudy and raining and 
the crowd would get between us and the light. Very dark in 
there. Mr. Smith, the clerk, did not delay the election. He 
was only out one time. I never saw any partiality. 

John Smith (1151) : The Republicans were doing the most 
of the crowding around the doors. They had some of those 
200 pound fellows off the ground. 

Henry Eudy (1153) : I did not get to vote. It was just a 
big crowd pushing and scrouging. 

Sam A. Huneycutt (1153): The crowd was backed in 
locked arms on one another’s shoulders, locked arms around 
one another; once in a while they tried to break and turn 
wrong side out. Some got to the door facing and turned back 
on the crowd. 

J. C. Nance (1154) : I went to the polls that morning with 
the registrar, Mr. Sossamon; we got on top of the hill the other 
side of Stanfield just as the sun rose; went direct to Stanfield 
The voting began as soon as I got there. 

Jess Osborne (1164-5) : They were crowded on the out¬ 
side of the door so it was impossible to get in. It was 8 or 10 
deep pushing and scrouging towards the door; I saw them 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


53 


one time with their backs together pushing. This prevented 
the voters from getting in and voting as fast as they otherwise 
would. The voting was carried on at the ballot box as rapidly 
as the voters came up and could be handled. The crowding 
was at the door and the house was mighty dark and they could 
not see and the officials asked them several times to give them 
light. 

Ray Sossamon, registrar (1375) : I was at Stanfield, the 
polling place, at seven or seven five. No one was denied the 
privilege of voting. Six hundred and ninety-five votes were 
cast at that place. I had trouble in finding the names on the 
registration book because it was so dark in the room. The 
polls opened at 7:30 and closed at 5:35 or 5:40 (1377). There 
was no intentional delay in the progress of the election by the 
poll holders. We did everything in our power to expedite mat¬ 
ters and get along as fast as we could. The election was held 
absolutely fair. It was held in a small house about 18x20. 

Contestant’s Challenges in Stanley 

The contestee denies that the voters named in con¬ 
testant’s brief on pages 57-58 and 59 all voted for con¬ 
testee and had not paid poll tax, were non-residents, or 
both, or otherwise disqualified. 

Charles Swaringen: A returned soldier; 21 years old; lived 
with his father at Norwood and was attending school in Char¬ 
lotte; voted absentee (1126). 

Mr. and Mrs. Dunlap Hathcock: Home in Norwood, mar¬ 
ried there, was in service and on election day was in govern¬ 
ment service at Washington (1399). Soldiers exempted; poll 
tax by county commissioners (1091). 

M. V. Lowder: Home near Norwood; was away on tempo¬ 
rary job; a legal voter (1399). 

S. J. Smith: Had been in Federal prison (1121-22). A 
legal voter under the State Constitution. 

Mr. and Mrs. A. B. Caple: Lived in Badin two or three years 
up to Friday or Saturday before election; no evidence as to 
howthey voted (1109-10). 

Mr. and Mrs. Wade Russell: Were challenged prior to 
election and judges decided they were entitled to vote (1103). 
Had been out of the State temporarily; always considered 
Badin their home (1107-8). 

J. M. Arnette: Baptist preacher; owned house and lot in 
Badin; considered that his home; was away temporarily 

(1109-13). . , . 

Louise Everett: Was challenged prior to election and 
allowed to vote; was raised in North Carolina and had only 
been out of the State on a visit (1102-3) and (1111). 

H. W. and W. H. King: Same person; was challenged on 
day of election and permitted to vote (1102, n09-10). 


54 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


Mr. and Mrs. E. P. Gamewell. Soldier; was challenged be¬ 
fore election day and permitted to vote; lived in Badin (1102, 
1105). 

Mr. and Mrs. C. J. Hanes: Lived in Badin for more than 
six months prior to election and had never been out of the 
State except on temporary job; duly qualified voters (1103, 
1106, 1112). 

W. H. Layden: Considered Badin his home; was away 
temporarily intending to come back (1113). No evidence as 
to how he voted (1112-13). 

T. Baxter Lilly: No evidence as to how he voted. Wallace, 
a Republican poll holder at Badin, says he did not know Lilly 
and yet he says he voted a straight Democratic absentee 
(1508). 

L. E. Wilson: Lived in Badin four or five years prior to 
election; was challenged and passed unanimously by board 
(1102). No evidence as to how he voted. 

T. W. Belk: Duly qualified voter (1109, 1132). 

Mrs. B. S. Liles: Had lived in Badin two or three years and 
married there; was living there at election (1108, 1114). 

Mr. and Mrs. E. M. Morgan: Had been out of the State 
about two months on a temporary job; left their property in 
Badin and considered that their home and were still living 
there at time of election (1103, 1106). 

T. P. Efird: Nothing shown why he was not entitled to 
vote; had paid his poll tax (1125). 

J. T. Coggin: Nothing against him and no evidence that he 
voted and if so, for whom. 

H. A. Lilly: Was duly qualified voter (1112). 

H. J. Smith (Heck) : Was away visiting his father on elec¬ 
tion day; had been living in Badin three and a half years be¬ 
fore that time (1114). No evidence as to how he voted. 

Harry J. Smith: Poll tax paid (1103, 1107). A legal voter. 

B. A. Williams: Nothing against him; no evidence as to 
how he voted. 

W. T. Biles: Nothing against him; no evidence as to how 
he voted. 

H. O. Sink: Paid his poll tax; legally qualified voter 
(1160). 

S. F. Dunaway: Republican (1103, 1106, 1109, 1110, and 
1113). 

L. J. Green: Duly qualified voter. Paid his poll tax (1103, 
1125). 

O. G. Southener: Was challenged before election and per¬ 
mitted to vote; had lived in Badin several years (1103, 1109). 

C. W. Mauldin: Nothing against him; no evidence as to 
how he voted. 

J. W. Fraizer: Republican, voted national Republican 
ticket (1108, 1110, 1113). 

G. C. Truesdale: Lived in Badin four years prior to elec¬ 
tion; was not challenged (1103, 1105). No evidence to show 
how he voted or why he was not entitled to vote. 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


55 


Frank Irwin: Nothing against him. 

P. C. Baumgardner, or C. P. Baumgardner is one and the 
same person. The correct name is C. G. Baumgardner (1102). 
Was away temporarily, voted absentee; still considers Badin 
his home and was there from time to time (1102). 

It is denied that there is any evidence to show that any 
of the following persons listed by contestant in his brief 
on pages 57-58-59 voted for contestee. 

R. C. Roberts, H. Bunn, A. P. Roberts (listed twice by con¬ 
testant) ; G. M. Lefler, Walter J. Barbee, Jim Andrews, John 
Nabe, Annie Springer, Wiley Davis, Z. V. Morton, T. D. or 
V. D. Teeves (listed by contestant both ways) ; Carl Roach, 
L. A. Losing, M. V. Simmons, W. C. or C. W. Mauldin (listed by 
contestant both ways) ; P. R. Davis, E. D. Price (soldier) ; W. 
F. Rampey, J. L. Mosier, T. W. Daily, M. A. Lowder, Ussery 
Dale, Nettie Cranford, J. F. Doby, William B. Hare, W. B. 
Lisk, L. S. Barbee, Houston Hathcock, Goode M. Cooper, Mr. 
and Mrs. I. W. Goodman, C. C. Cox, J. S. Hatley, M. L. Trout¬ 
man (listed twice by contestant) ; C. A. Nance, J. D. Smith, 
J. F. Crowell, Till Fesperman, B. S. Ventrose, J. F. Lyerly, Mrs. 
B. H. Roe, Mrs. Jane Blake, Adeline Thompson. 

There is no evidence that any of the above named parties 
voted. The only evidence is that Wiley Davis, Moses A. 
Lowder, H. Bunn and Jim Andrews were reputed to be Demo¬ 
crats. None of the above parties were challenged prior to or 
at the election (1427). The Republican poll holder. Morrow, 
in the precinct where these parties are reputed to have voted, 
says there was a great rush at the polls like bees going into a 
gum; that the polls were roped off and Republicans cut the 
ropes (1426). Mr. Morrow says election was fair and no ad¬ 
vantage was taken of contestee (1429-30). 

The following names contained in said list on pages 57, 58, 
and 59 of contestant’s brief, beyond any doubt were legal 
voters. 

R. L. Byrd lived in North Albemarle Township; owned prop¬ 
erty there; paid his taxes there and was away on public works 
(1556). 

Howell Ritchie lived in Harris Township with his father; 
had simply been off on public works; was challenged and 
allowed to vote (1128). 

A. D. Ritchie was a legal voter; duly registered in Harris 
Township. It seems there were two R. D. Ritchies in the 
county and one voted in South Albemarle Township also and 
hence contestant is claiming that they are the same person 
(1506-07). 

S. Austin was out of the county on election day and author¬ 
ized his son, who did all his writing for him, to sign an ab¬ 
sentee vote (1534). 

Sam Morton had been out of his township temporarily work- 


56 JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 

ing at carpenter^s trade; his home was in Tyson Township and 
voted there. Legally qualified (1131). 

Mr. and Mrs. Arthur Penninger lived in Ridenhour Town¬ 
ship ; had a crop there but had gone to Cabarrus County tempo¬ 
rarily to prepare for crop for next year; had not left the county 
permanently (1124). 

Martin Blalock was a legal voter and voted in Palmerville 
precinct. 

The list referred to from Stanly County on page 36 of con¬ 
testant’ s brief are all repeated in the names given on pages 57, 
58 and 59 of said brief and have been shown herein to be duly 
qualified voters. 

The contestee contends that the following parties voted for 
the contestant and were not legal voters on account of the non¬ 
payment of poll tax, or were non-residents, or both, or were 
otherwise disqualified. 

A. J. (Jack) Green (1121, 1123, 1131). 

Jim Howell (1115, 1124). 

Isaac Cooper (1122-23). 

Mumphry Kimmer (1120, 1122). 

On page 56 of contestant’s brief he claims that J. W. Brown 
examined poll books in South Albemarle precinct and found 
12 names who were not registered. There is no evidence that 
these parties voted, neither is there any evidence as to how 
they voted or for whom they voted for Congress, and hence 
could not be counted against the contestee. This evidence was 
offered by contestant on rebuttal on the last day of the hear¬ 
ing in Stanly County, over protest and objection by the con¬ 
testee when he had no opportunity to rebut same. 

The list given by contestant on pages (57-59) of his brief 
totals 101. But we call attention to the fact that H. W. and 
W. H. King are the same person, R. (1509,1512), and only one 
should be counted. 

‘‘The Calloway Boys” are mentioned on page (57) of con¬ 
testant’s brief, and William A. Calloway and W. A. Calloway 
are mentioned on page (58). These are “The Calloway Boys.” 
The only evidence of illegality is that two absentee votes were 
cast for William Calloway, and therefore one vote is all that 
can possibly be charged on account of “The Calloway Boys.” 
T. D. and V. D. Reeves evidently same person. 

The list as printed in the brief totals 101 votes. From this 
should be deducted three on account of the Calloways, and 
one on account of the Kings, and one on acount of the Reeves,’ 
leaving a total list of ninety-six (96). 

We also show in our analysis that three (3) voted unlaw¬ 
fully for the contestant. If we deduct these three from the 
96 listed against us, that will leave only 93. Whereas, we have 
accounted for 96. This leaves us three (3) to the good on 
these challenges. 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


57 


Ashe County 

In 1920 all the county officials of Ashe County were Re¬ 
publicans. We give below a synopsis of the activities of these 
officials, not for the purpose of asking that any citizen of Ashe 
County, which county was carried by the contestant, be dis¬ 
franchised on account of such activities, but in order to show 
that even in a Republican county—and a majority of the 
counties in the Eighth District are Republican—a hardly con¬ 
tested election will always engender a certain amount of 
friction, confusion and misunderstanding. 

A republican form of Government, where the people are 
taught that they are the sovereigns, the machinery of the law 
does not function with a smoothness and accuracy that would 
be obtained in a monarchy. A certain amount of disorder 
and inaccuracy are unavoidable by-products of freedom. 

Republican Methods in the Election of 1920 in Ashe County 

C. R. Latham, Republican Sheriff, would not permit Demo¬ 
crats to examine the tax books to ascertain whose taxes were 
paid and whose were not paid, and refused to accept money 
tendered by Democrats in payment of poll taxes for Demo¬ 
crats unless the call was for the party whose name appeared in 
the tax book and unless the call was exactly as the name given 
in the tax book. 

J. F. Miller testified that he went with W. B. Austin to the 
Sheriff of Ashe County on April the 29th and 30th, 1920, and 
saw W. B. Austin present a list and tendered the money and 
called for the poll tax receipt of each name, that he called, and 
that if the Sheriff did not find the name exactly as called 
for by Mr. Austin no receipt was given, and money refused. 
That he refused to permit him and Mr. Austin to examine 
the tax books; that he. Miller, called for the tax receipt of 
James Richardson in Clifton Township, the home of the Sheriff 
and the Sheriff refused to accept the money and give the tax 
receipt and stated there was no tax against James Richard¬ 
son. The next morning. Miller, after ascertaining the initial 
of Richardson, called on the Sheriff for the tax receipt of 
James H. Richardson and paid the tax and received the re¬ 
ceipt (723). That he and Austin did not get to see the tax 
books (724). 

W. B. Austin called for the poll tax receipt and tendered 
the cash in payment of same of Barney Miller, Ellis Miller, 
Azer Miller and others to the Sheriff of Ashe County on April 
the 29th or 30th, 1920, and the Sheriff refused to give re¬ 
ceipts except for a few (719-20-21-22-23). 

C. B. Spicer, Chairman of the Republican Executive Com¬ 
mittee, or the Executive Committee, sent out letters all over 
Ashe County urging Republican women to register, and de¬ 
mand that their names be placed on the registration books 
and charging the Democrats with an attempt to steal Republi¬ 
can votes (630, 682). 


58 JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 

Dr. Manley Blevins, candidate on the Republican County 
ticket, carried t^vo women who could not read and write to 
register and selected place for the applicant to read and it 
later appears that they had been coached and memorized 
certain paragraphs of the Constitution in order to have their 
names placed on the registration books (741, 782). 

A number of registrars were threatened and assaulted by 
Republicans with an attempt to intimidate the registrars and 
force them to place on the registration books the names of 
Republicans whom the registrars had found disqualified to be 
registered (739, 763, 749). 

Mrs. Edith Turnmire testified that C. B. Spicer said to her: 
‘‘How did you find out that Heg Burgess was going to be at 
the school house? Didn’t he write you a letter through the 
mail?” I said, “No, sir.” Spicer says: “Won’t you go in 
there and swear that? If you will I will give you $25.00.” 
I told him I didn’t want $25.00 bad enough to swear a lie 
(801). 

F. D. Duffield testifies that he lives in West Jefferson. That 
he had been away on a trip, and came back some time about 
the first of May, 1920; and further: 

“Mr. H. C. Tucker asked me if I was fixed up to vote, and 
I asked him what I had to get and he says ‘Have you got your 
tax receipt?’ I said ‘no,’ and Mr. Tucker says, ‘You had bet¬ 
ter see Spicer;’ and I saw Spicer, and he, Spicer, said it was 
alright. Frank Blevins, Republican Deputy Sheriff, sent or 
gave me a receipt. I could not tell if this was before the first 
day of May, but was told that my name was on the paid list. 
I did not pay any money for the receipt. I did not list any 
poll tax” (786-87). 

H. C. Tucker testifies that he lives in West Jefferson; that 
Mr. Duffield lives in the same town and that he voted in the 
election of 1920; “that after May the first, 1920, Mr. Duffield 
and myself was talking about the election and he was talking 
about voting and how he was going to vote, and I said to 
him, ‘You can’t vote for you haven’t paid your poll tax and he, 
Duffield, says ‘Do you have to do that?’ I said, ‘I can tell 
you how to get your poll tax receipt if you want to do it.’ 
Duffield says alright. I told him to go and see C. B. Spicer 
and talk radical to him and that he would get his poll tax 
receipt. Duffield said that he would do so. Spicer was Chair¬ 
man of the Republican Executive Commitee at the time and 
is now one of the attorneys for the contestant. Duffield 
told me afterwards that he had his tax receipt and pulled 
it out and showed it to me and it was dated some time in April, 
1920. Clifford Ray was present when he showed me the tax 
receipt. Duffield’s name does not appear on the paid list 
as returned by the Sheriff (784-85). 

W. A. Wright testifies that he lives in West Jefferson and 
knows Mr. Duffield. “That some time afterwards the con¬ 
versation between Mr. Duffield and Mr. Tucker Mr. Duffield 
came on the lumber yard and told me that Mr. Tucker’s trick 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


59 


about the poll tax receipt had worked. That he went to see 
Mr. Spicer and that Spicer gave him his tax receipt and dated 
it back far enough for him to vote’’ (786). 

J. D. Stansberry, Clerk of Superior Court, testifies that he 
had the official returns of the Sheriff of the poll taxes paid 
for the year 1919, and that the name of F. D. Duffield was not 
returned by the Sheriff as paid on or before May 1st, 1920. 
That the list was sworn to by C. R. Latham, Sheriff, on May 
11th, 1920, before S. G. Parson, Clerk of Superior Court. 
That West Jefferson Township was not formed until after 
the list was filed and sworn to, and that Jefferson Township 
at that time included both Jefferson and West Jefferson Town¬ 
ships and that there is no list for West Jefferson Township 
(789). 

After the election of 1920 the Republican leaders of Ashe 
County were so angered that they swore out warrants against 
W. B. Austin, H. H. Burgess, Elic Rose, J. C. Houck, W. H. 
Owens, A. G. Witherspoon, I. N. Hudler, J. A. Pierce, Emery 
Spencer and A. P. Barker and required them to appear out 
of their own townships, in some cases requiring them to go 
from 15 to 18 miles before Republican Justices of the Peace; 
then had the cases continued and otherwise harassed said 
parties. That certain nolproses were taken and other of the 
defendants were bound to the Superior Court of Ashe County, 
H. H. Burgess (803), Elix Rose (815), W. H. Owens (729), 
A. G. Witherspoon (816), I. N. Hudler (746), J. A. Pierce 
(752), Emory Spencer (790), A. P. Barker (735). The 
prosecutor took nolproses before a Justice of the Peace in 
some of the cases and in other cases defendants were bound 
to court and the grand jury failed to find a true bill against 
but one of the parties whose name was Emery Spencer, and 
that after Mr. Spencer was indicted and a true bill returned 
the Solicitor and C. B. Spicer in open Court announced that 
there was not sufficient evidence against Emery Spencer to 
warrant a further prosecution and a nolpros was taken (177). 

Answer to Charge of Unlawful Registration Methods 

J. A. Pierce, Registrar for Grassy Creek Township, applied 
educational test to all except two very old women, one a Dem¬ 
ocrat and the other a Republican, or that is the way they voted; 
says that he made different trips registering women and that 
he registered women of both parties alike and on two trips 
went out especially to register Republican women; would 
not say how many Democratic women he registered at the 
polling place, but that the Chairman of the Republican Com¬ 
mittee of Ashe County had written letters urging the Re¬ 
publican women to register early and that the Republicans 
registered early, the principal part of them the first and second 
Saturdays; that there were only 123 votes cast in his township 
for contestee, both male and female (629-30) ; registered 
both Democrats and Republians alike when out on these trips 
and applied the same test to both (620). 


60 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


J. A. Pierce has been registrar in this township since 
1884, and has been a Justice of the Peace since 1884 (753). 
Performed duty of registrar faithfully, impartially and hon¬ 
estly (634). Character good; W. A. Ayers and other (753-4). 

W. P. Colvard testifies election of 1920 in Grassy Creek 
Township conducted fairly and impartially (754). 

Robert Hudler, Republican Judge in Grassy Creek Town¬ 
ship, testifies that the literacy test was applied in that town¬ 
ship, and that the township was close and that it was agreed 
by the election board that all challenged votes were legally 
entitled to be cast and were cast by unanimous consent of the 
board (652). 

Emory Spencer, registrar for Holton Township, testified 
that he conducted the registration and election of 1920 fairly, 
impartially and honestly under his oath, but that he did not 
apply the educational test rigidly but alike to both Demo¬ 
crats and Republicans and that more Democrats were turned 
down than Republicans (790-1); that C. B. Spicer, Chair¬ 
man of the Republican Executive Committee and attorney 
for contestant, stated to Spencer that he (Spencer) had done 
as nearly right as a man could (816). 

Bob May, registrar for Piney Creek Township, testified 
that he honestly, fairly and impartially conducted the regis¬ 
tration and election in his township under his oath in 1920 
(729) ; that he was assaulted by Republicans (739) ; that he 
applied literacy test lightly and alike to both Democrats and 
Republicans (739) ; testimony to the good character of Bob 
May; 1. H. Stuart (740); C. M. Dickson (791). 

A. P. Barker, registrar for Walnut Hill Township, tes¬ 
tified that he honestly, impartially and faithfully performed 
the duties of registrar and so conducted registration and 
election of 1920 in his township (734) and applied the literacy 
test alike to both Democrats and Republicans (734) ; that a 
Republican carried away one of the poll books (734-5). Good 
character of A. P. Barker; I. H. Stuart and others (738). 

I. N. Hudler, registrar for Chestnut Hill Township, tes¬ 
tified that he honestly, impartially and faithfully performed 
the duties of registrar and so conducted the registration and 
election of 1920 in his township (655) ; that he did not apply 
the literacy test (731). As to the good character of I. N. 
Hudler; C. M. Dickson (791). 

H. H. Burgess, registrar for Obids Township, testified that 
he applied the literacy test and declined to register Demo¬ 
crats as well as Republicans when they failed to meet the 
test (762-3) ; that he was assaulted by a Republican (763) ; 
that he turned down a number of Democrats who could not 
read and write; said that he registered some away from the 
polling place but that when he did so, he registered Repub¬ 
licans as well as Democrats (763) ; that Ed O. Miller voted 
in Obids Township and that his name did not appear on regis¬ 
tration book (763) ; that said Miller voted Republican and 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 61 

for contestant (764) ; that he honestly, impartially discharged 
his duties as registrar to the best of his ability (764). As to 
the good character of H. H. Burgess; J, C. Crawford and 
others (712, 768-9-770, 776). 

H. H. Burgess refused to register Democrats as well as Re¬ 
publicans when they failed to pass literacy test (768). 

C. L. Mash testified that he went with H. H. Burgess, regis¬ 
trar, on trips through the township to register persons for 
the election of 1920 and that Burgess applied the literacy 
test alike to both Democrats and Republicans and that on 
one trip he turned down eight Democrats and one Republican 
on account of not being able to read and write; that this 
registrar performed his duties fairly and impartially (770-1). 

Jess Goss, registrar for Horse Creek Township, testified 
that he honestly and faithfully performed under his oath 
his duties as registrar in his township and applied the lit¬ 
eracy test to both parties alike and that there were 39 Dem¬ 
ocratic women who did not register because they could not 
read and write and 47 Republican women who did not register 
for the same reason (771-2) ; that there were Democrats and 
Republicans who voted absentee tickets (772) ; that since 
the election of 1920, he paid Tom Harris' poll tax for 1919 
and that said Harris voted the Republican ticket in the election 
of 1920; that he paid the tax of said Harris in March, 1921 
(772) ; that Horse Creek Township gave a Republican ma¬ 
jority of 142 in the election of 1920 (773) ; that Minter Miller 
and Arthur Clark voted the Republican ticket in Horse Creek 
Township in 1920 and that both of these men were deserters 
from the army of their country (773). As to the good char¬ 
acter of Jess Goss; A. A. Perry and others (775-6, 670-3-6-9). 

Arthur Rose testified that about 36 Democrats and 47 Re¬ 
publicans were turned down by the registrar in Horse Creek 
Township on account of not being able to read and write; 
that a number of Republicans who were out of the State voted 
under the absentee law; and that the literacy test was ap¬ 
plied to both Democrats and Republicans alike when he was 
present (774-5). 

Henry Miller, Registrar for Clifton Township, testified 
that he faithfully and honestly performed his duties as regis¬ 
trar in the election of 1920 (667) ; that he applied the literacy 
test to all whom he did not know personally (667) ; that when 
away from the polling place he registered both Democrats 
and Republicans and that he made one special trip after night 
to register a Republican woman (667). As to the good char¬ 
acter of Henry Miller; David Eller, Republican Judge (669); 
A. A. Price and others (780-1). 

R. P. Baker, Registrar for Creston Township, testified that 
he applied the educational test unless he knew the parties 
could read and write to Republicans and Democrats alike, 
except that he was easier on the first Saturday and on that 
day he did not apply the educational test so strictly and that 


62 JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 

most of the applicants on that day were Republicans, and if 
there were any discrimination, it was against the Democrats 
and favorable to the Republicans (682) ; that he went out 
in the township and registered women at their homes, both 
Democrats and Republicans, but more Democrats than Re¬ 
publicans as the Republicans registered early at the direction 
of C. B. Spicer, Chairman of the Republican County Execu¬ 
tive Committee (682) ; Mr. Spicer, Chairman of the said Com¬ 
mittee, circulated letters directing Republicans to register 
and directed them to present themselves and demand regis¬ 
tration and that there be no educational test applicable to 
women (682) ; that he honestly and faithfully performed 
his duties as registrar and member of the election board of 
his township (683-688). 

As to the good character of R. P. Baker: A. A. Price and 
others (780-1). 

J. C. Houck, Registrar for Old Fields Township, testified 
that he was registrar of election of 1920 in Old Fields Town¬ 
ship and as such registrar and member of the board of elec¬ 
tions in his precinct that he under his oath administered the 
duties of such office fairly and impartially and that he did 
not apply the educational test the first two public registra¬ 
tion days and that ten Republicans to one Democrat in pro¬ 
portion registered on those days; that afterwards, he applied 
the educational test alike to both Democrats and Republicans; 
that he made trips out into his precinct to register voters and 
that he went to both Democratic and Republican homes to 
register women and did it as a matter of accommodation 
without being requested to do so; that he did not turn down 
or refuse a single applicant who could read and write; that 
he did not apply the test where he knew personally that the 
applicant could read and write; that he applied the oath to 
every registrant; that he was assaulted by a Republican (749) ; 
that R. H. Hardin lived at Abingdon, Va., and had been 
living there for some considerable time (749-750). 

As to the good character of J. C. Houck: Arthur Houck 
and others (750-1). 

Bill Owens, Registrar for Pine Swamp Township, testified 
that he was registrar for Pine Swamp Township and elec¬ 
tion officer in the election of 1920; that he did not apply the 
educational test until the last Saturday, then applied educa¬ 
tional test; that he turned down 9 Democrats and 11 Repub¬ 
licans; that his township gave a small Republican majority; 
that he fairly, honestly and impartially performed the duties 
of registrar and officer of the election of 1920 according to 
his best knowledge (653-4, 728-9-730). 

As to the good character of Bill Owens (W. H. Owens) : 
J. H. Colvard and others (730-1). 

W. L. Miller, Registrar for Peak Creek Township, testified 
that he was registrar for Peak Creek Township in the election 
of 1920; that he took the oath of registrar, that he applied the 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


63 


educational test lightly, that he justly, fairly and impartially 
performed the duties of registrar and member of the election 
board in his township (756-7-8). 

J. M. Tucker, formerly Republican member of the Board of 
County Commissioners; Dave Osborne, formerly Republican 
Register of Deeds; D. A. Bare, H. M. Wellborn, former State 
Senator, elected as a Republican, and other Republicans stated 
that they were pleased with the registration (757-8). 

A. E. Rose, Registrar for West Jefferson Township, testi¬ 
fied that he was registrar in said township in the election of 
1920; that he applied the educational test alike to both Dem¬ 
ocrats and Republicans; that his township is Democratic by 
a good majority; that he honestly, fairly and impartially per¬ 
formed the duties of his office under his oath (741-2) ; that 
Fields Hardin voted in person and when the absentee votes 
were opened, the Democratic judge remarked that he thought 
Hardin had voted and that the Republican judge or clerk 
stated that he had not, whereupon Hardin’s absentee vote 
was cast (741) ; that he turned down 24 Democratic women 
and 14 Republican women on the educational test (742) ; 
that two women were brought for registration by Dr. Manly 
Blevins, a candidate on the County Republican ticket for Cor¬ 
oner, and that these women could not read nor write, but who 
had been coached or drilled on a certain section or phrase of 
the Constitution and that their names were placed on the 
registration book, but on finding that they could not read and 
write, he called them back and gave them another paragraph 
or section to read and they could not read and that he told 
them that he would have to take their names off of the regis¬ 
tration books as they could not read and write (741). 

A. G. Witherspoon, Registrar for Jefferson Township, tes¬ 
tified that he was registrar for said township for the election 
of 1920; that he did not apply the educational test generally 
in Jefferson Township and only refused registration to such 
applicants as voluntarily told him they could not read and 
write; that he did apply the literacy test to two applicants, 
both of whom registered and voted; that he honestly and 
faithfully performed his duties as registrar and election of¬ 
ficer to the best of his knowledge; that he set out to register 
all white women in the township and registered all but three 
and would have registered those if they had not voluntarily 
told him that they could not read and write (633-4-5, 777-8) ; 
that he was not requested by anyone to apply the literacy test 
(777) ; that he registered both parties alike, both Democrats 
and Republicans (778). 

As to the good character of A. G. Witherspoon: C. M. Dick¬ 
son (791), J. D. Thomas and others (780-1). 

R. L. Dickson, Republican Judge for Jefferson Township, 
testified that there was 55 or 56 absentee votes cast in Jef¬ 
ferson Township, none of which were challenged and all of 
which votes were cast by common consent; that this included 


64 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


those who were absent and those in the township who were 
sick and unable to attend the election; that there were a num¬ 
ber of challenges by Republicans made before the day of 
election and on election day, but it was agreed by the election 
board that all challenges should be withdrawn and all voters 
vote; this included James P. Colvard and wife and all other 
votes objected to by contestant in Jefferson Township (698- 
9) ; that he believes that all voters were entitled to vote that 
were contested; that he handled the Congressional tickets and 
tended the Congressional box; that he assisted in counting out 
after the polls closed and that in his judgment, the election 
was fairly held in Jefferson Township in 1920 (698-9). 

As to the good character of R. L. Dickson: F. L. Colvard 
and others (780-1). 

Contestant’s Challenges in Ashe 

On pages 26 and 27 of his brief the contestant gives the 
names of 54 persons who he alleges voted for the contestee 
without having paid their poll tax as required by law. These 
allegations constitute the heart of contestant’s case in Ashe 
County. We have examined the record with respect to these 
parties and find that out of the 54, 33 were clearly entitled 
to vote, not including soldiers, of which there 'were 3, making 
a total of 36 and leaving only 16 votes unexplained. We give 
below a synopsis of the evidence establishing the right of 
these parties to vote. 

Peter Phipps (688). 

His poll tax tendered by W. B. Austin on April 29 or 30th 
(719). 

Tom Reeves (688). 

R. L. Reeves testified that he paid tax of Tom Reeves be¬ 
fore May 1, 1920 (724). 

Arch McMillan (656-710). 

W. E. McNeill, former Chairman of Local Board, testified 
that this party was in the army (745). I. N. Hudler also 
testified that there was an agreement between the Election 
Board or members of the board, consenting that any voter who 
had served in the World War should be allowed to vote re¬ 
gardless of payment of poll tax (733). 

Willie Miller (654). 

B. W. Miller testifies that he paid Willie Miller’s tax be¬ 
fore May 1, 1920, says he come to Jefferson during April 
Court, paid Willie’s tax and obtained his receipt (732). 

John Linney Roup (654). 

W. B. Austin paid poll tax of John Linney Roup to the 
sheriff on April 29 or 30, 1920 (719). 

Emmett Price (654). 

W. E. McNeill testified that Emmett Price was in the army 
(745). 1. N. Hudler testified to same agreement (733) . 

W. B. Brown (654). 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


65 


I. N. Hudler testifies that this party was in army and 
agreement (733-34). 

Sam Blevins (654). 

W. E. McNeill testifies that he was in the army (745). I. 
N. Hudler says voted under agreement of Registrar and Judges 
(733). 

W. P. Sturgill (654). 

I. N. Hudler testifies that Sturgill had his poll tax receipt 
on Election Day and showed same to Election Officers (734). 

Thomas Hurley (672). 

W. B. Austin paid this tax to the sheriff on April 29 or 30 
and his name appears on record of certified list of paid polls 
(719-710). 

Thomas Ham Chas. Latham (688-710). 

W. E. McNeill testified that party had served in the army 
(745). 

Roger Barr (688-710). 

W. B. Austin testifies his name is on the certified list for 
Jefferson Township (720). 

Ellis Miller (709). 

W. B. Austin tendered money to sheriff for Miller’s poll tax 
on April 29 or 30 (719). 

Barney Miller (694-709). 

W. B. Austin tendered money for Miller’s tax on April 29 
or 30 (719). 

Azer Miller (640-709). 

W. B. Austin paid this tax to the sheriff on April 29 or 
30th (719). 

George Miller (641-2, 710). 

W. B. Austin tendered money for George Miller’s poll tax 
on April 29 or 30 (719). 

F. H. Neal (696). 

W B. Austin tendered money for Neal’s poll tax on April 
29 or 30, 1920 (720-1). 

Lon Reeves (696). 

W. B. Austin tendered money for poll tax of Reeves for 
1919 on April 29 or 30, 1920 (720-1). 

Walter Weaver (696). 

W. E. McNeill testifies he was in army (745). 

Silas Monroe Bare (696). 

W B. Austin tendered money for poll tax for Bare and 
demanded receipt of the sheriff on April 29 or 30, 1920 (720). 

C. B. Houck (693-4-5-6). 

W B Austin tendered money and demanded receipt on 
April 29 or 30 (720) was in the army (745). 

W. W. Goodman (653-700). 

W. B. Austin tendered money for Goodman’s poll tax and 
demanded receipt on April 29 or 30 (720). 

Walter Johnson (700). 


66 JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 

He was in the army (745). (This party’s name appears 
on paid list under name of W. C. Johnston who is the same 
person). His vote was not challenged (701). 

D. S. Bell (702). 

W. B. Austin tendered money for Bell’s poll tax to sheriff 
of Ashe County and demanded receipt on April 29 or 30 
(720). 

Fred Rose (703). 

W. B. Austin tendered money April 29 or 30, 1920, to pay 
Rose’s poll tax (719-20). 

Eb Atkins (653-699). 

W. B. Austin tendered money and demanded poll tax re¬ 
ceipt for Atkins of the sheriff on April 29 or 30 (720). 

W. E. Church (599). 

J. D. Baker, Republican Judge, saw tax receipt of W. E. 
Church on election day (700). 

Ira Teague (699) Ed. H. Woodie. 

W. B. Austin tendered money and demanded poll tax re¬ 
ceipts of Teague and Woodie on April 29 or 30 (720). W. 
E. McNeill testified both these parties were in the army (745). 

Wiley Brown (710). 

J. E. Plummer, Judge, testified that Wiley Brown did not 
vote in Chestnut Hill Township and that there was no Wiley 
Brown living in his township (733). 

Edwin Foster (711). 

No evidence that he voted. W. E. McNeill testified that 
he was in the army (745). 

Dave Sexton (711). 

No evidence that he voted. W. E. McNeill testified that 
he was in the army (745). 

Frank Friesland (711). 

No evidence that he voted. J. D. Baker, Republican Judge, 
could not state that he voted (700). 

Earl Scott (711). 

No evidence that this party voted or if he voted, how he 
voted. 

Willie Bare (711). 

R. L. Dickson, Republican Judge, could not say he voted, 
no evidence of his voting or for whom he voted (697). 

W. H. Teague (701-711). 

W. B. Austin tendered the money and demanded poll tax 
receipt for Henry Teague on April 29 or 30 (720). J. A. 
Johnston says that W. H. and Henry Teague of Pine Swamp 
Township is one and the same person (725). 

Tom Osborne (711). 

B. B. Graybeal, Republican Clerk, could not state that this 
party voted, no evidence that he voted or how he voted. 

W. E. Ballou (1564). 

J. H. Gentry, a Republican of Piney Creek Township, tes¬ 
tified that Ballou swore his tax was paid before he voted 
(1564). 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


67 


J. C. Goodman; not a line of evidence to show he was 
disqualified (R. 695). 

There is no evidence that the following parties voted named 
in the list of nonpaid poll taxes in contestant’s brief; Earl 
Scott and all others numbered as 711. 


Answer to Charge of Lost and Misplaced Records 
Made by Contestant 

Henry Miller, Registrar of Clifton Township, says: that the 
registration and one of the poll books was left at the voting 
place when the election board went into the schoolhouse to 
count out votes and make return, and he had Mr. M. A. Gilley 
to go back and get books and take home with him, and he 
did not bring books until later. The registration and poll 
books were turned into the office of the Register of Deeds on 
second day of taking evidence for contestant at Jefferson, 
March 15th. The other poll book was left with C. S. East- 
ridge, a Republican. No erasures had been made or addi¬ 
tional names added on registration or poll books (666-7). 

Bob May, Registrar of Piney Creek Township, permitted 
the Republicans of that township to inspect registration books 
at any time, but did not permit them to make a copy, because 
he was too busy with his books at the time (R. 647-8). 

List of Republicans who voted, and whose right to vote is 
contested or challenged for non-payment of poll tax and 
whose names do not appear on the paid list certified by the 
Sheriff of Ashe County: 

Farr Bare (804), Garvey Barnes (804), Hardin Phillips 

(805) , Bert Marsh (804), M. E. Rhodes (806), G. O. Blevins 

(806) , James Campbell (807), Ham Bard (807), G. C. Blevins 

(807) , Victor Greer (807), Arthur Eller (807), Conley Tomp¬ 
son (807), Carl Blevins (807), R. E. Faw (815), Haggie Faw 
(815), Fad Porter (815), Tom Parsons (815), C. M. Cope 
(815), Tobe Church (815), Will Sawyers (819), Calvin Pen¬ 
nington (819), U. S. Sawyers (819), Lenard Jones (819), G. 
W. Styke (819), Adolphus Miller (819), Elijah Osborne 
(8*20), Daulton Sexton (820), Lee Wyatt (820), Beryl Mil¬ 
ler (820), Callie Bowers (820), C. R. Mock (817), Ed Mock 
(817), A. G. Lawrence (817), F. W. Miller (818), J. W. 
Grogan (818), Roby Pennington (818), F. D. Duffield (822), 
W. T. Miller (822), Thos. Brooks (822), W. B. Elliott (822). 
Total, 40. 

Martha L. Richardson voted Republican (815). She was 
born January 30, 1900, and was not 21 years on November 

2nd, 1920 (732). _ ^ 

It will be seen, therefore, that with respect to these groups 
the contestant is shown to have received more unlawful votes, 
by receiving 41, than did the contestee who received only 18. 
This makes a net gain to the contestee in Ashe County of 23 
votes. 


68 JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 

Stragglers in Ashe 

After massing his main forces in Ashe County, on pages 26 
and 27 of his brief, the contestant rambles over considerable 
territory in an effort to muster up widely scattered stragglers. 
He begins on page 12. The only voter challenged on this page 
is Mrs. Carolina Fox, whose case has already been considered 
under the general charge of intimidation in this brief. 

We next consider the stragglers mentioned on page 51 of the 
contestant’s brief: 

J. A. Pierce. Answered under general registration charges 
heretofore. 

W. A. Brooks. No evidence the 14 people referred to were 
qualified electors. No evidence as to who they were. No 
evidence that they ever appeared at the polls and offered to 
vote for any one and, therefore, under no circumstances can. 
their votes be counted for the contestant (R. p. 650). 

Phipps. What is said under the head of Brooks applies to 
the 5 people referred to by this witness. 

W. B. McMillan. This party is mentioned three times— 
first on page 51, next on page 64, and again on page 65, chal¬ 
lenged each time for the same cause and the same page of 
record cited. The facts are that the chairman of the County 
Board of Elections notified the registrar that McMillan had 
registered before him. The registrar placed his name on a 
ledger but not on the registration book. On the day of elec¬ 
tion this omission was discovered, whereupon the Republi¬ 
can judge agreed with the others that the party was entitled 
to vote and it was so ordered (R. p. 746). This is one of the 
many illustrations of the contestant’s generous treatment of 
his own evidence. 

Page 52. Contestant’s brief. 

J. O. Hardin. Evidence denied by registrar and what is 
said under the head of W. A. Brooks applies also to this 
case. 

The 46 Democrats who were charged on this page as having 
voted without being registered were duly registered voters 
in the old Jefferson Precinct, which a short time before the 
election was divided into two precincts. There was no new 
registration for old voters in the new precinct. All these 
parties were duly registered voters. This is shown on the 
cross-examination of the contestant’s own witness. It was a 
fact well known to the contestant and the attempt to create 
the impression that these 46 people voted unlawfully is evi¬ 
dence of the disposition of the contestant to misinform rather 
than inform the Committee in regard to the true facts in the 
case. We also call attention to the fact that this is new mat¬ 
ter introduced during the time contestant was permitted to 
take evidence in rebuttal only and, therefore, wholly incom¬ 
petent. 

The 64 people mentioned on this page in Laurel Precinct 
come under what has been said under the name of W. A. 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


69 


Brooks heretofore. The contestee denied that the record sus¬ 
tained this charge in any particular and under no circum¬ 
stances can these 64 be considered for none of them appeared 
at the polls and offered to vote. This also covers what is said 
under the name of J. O. Hardin on same page. 

J. M. Tucker. This evidence cannot be considered for sev¬ 
eral reasons. (1) It is new matter offered during the time 
allowed for evidence in rebuttal only. (2) No names are 
given. (3) It represents an attempt upon the part of a private 
individual to express his opinion and have it accepted by the 
Committee instead of the action of the official designated by 
law and bound by his oath and heavy penalties to faithfully 
discharge the duties of his office. Furthermore the witness 
himself testifies that the money to pay the poll tax had been 
tendered the sheriff and the judges decided that this tender 
entitled the parties to vote (R. p. 1558). The registrar of the 
precinct testified that there was only one vote cast to which 
there was any dispute; that this voter was a Republican who, 
after discussion, was allowed to vote (R. p. 757). 

We next take up the stragglers mentioned on pages 63, 
64, 65, 66 and 67 of contestant’s brief. 

George Miller. Already challenged on page 26. His case 
heretofore considered. 

A. Clark. See testimony of Jess Goss, registrar of precinct, 
already quoted in this brief, which absolutely contradicts the 
statements of Clark (R. p. 771-3). 

Brief, page 64. 

J. M. Tucker. New matter offered in rebuttal. Refers to 
previous elections immaterial to the election of 1920. 

Edgar Blevins. No evidence that he was not qualified in 
precinct where he voted. 

J. C. Goodman. Already challenged on page 26. His case 
explained and the evidence referred to is new matter in re¬ 
buttal and not competent. 

Illiterate negro woman. New matter (R. p. 1560). 

Mrs. Jess Ray. Name was not found on poll books but not 
conclusive evidence that she did not vote. 

W. M. McMillan. Second time challenged. His case al¬ 
ready explained. 

Mr. and Mrs. Will Graybill failed to satisfy registrar they 
were duly qualified voters. They did not register, did not 
offer to vote and cannot be counted. 

Mary Miller and Clark Miller. Evidence of opinion of wit¬ 
ness merely, and wholly inconclusive. The matter was passed 
upon by the election officials (R. p. 638). 

Mr. and Mrs. J. P. Colvard. The Republican judge, wit¬ 
ness for contestant, swore that they voted by unanimous con¬ 
sent and as an officer of the law he believed the Colvards were 
entitled to vote (R. p. 689). 

Jesse Davis. Mere opinion of witness as to his age, and 
not conclusive. 


70 JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 

The charges with respect to the electors mentioned at the 
bottom of page 64 and top of page 65 are that they could not 
read and write. This question is one to be tried by the of¬ 
ficials and the opinion of a witness who did not see the tests 
applied is of no value. With respect to a number of these 
there is no evidence that they voted, nor for whom (R. 
639-40). 

A. J. Witherspoon. Where the registrar acts, the fact that 
he is not sworn in no way affects the validity of his actions. 

Mary Miller. Second time challenged. Case already ex¬ 
plained in this brief. 

P. L. Miller. On cross-examination contradicts statement 
in brief (R. p. 638). 

J. M. Tucker. Third time the testimony of this party 
brought forward. Same record cited. The habit of ^'repeat- 
ing’’ seems to be growing on contestant. 

J. H. Gentry. New matter and cannot be considered. 

W. B. McMillan. Third time mentioned. Already ex¬ 
plained. More repeating. 

Page 66. 

Gaybill and Gentry. New matter offered in rebuttal. 

E. E. Trivett. Mrs. A. M. Duncan. Entirely new matter 
offered in rebuttal. 

W. R. Bauguess. This is a good illustration of the character 
of evidence largely relied upon by contestant. Here he offers 
the affidavit of a man that he heard somebody say so and so. 
If he had been present himself and could have been cross-ex¬ 
amined, his evidence would have been hearsay, but when 
his evidence is presented in the form of an affidavit the prop¬ 
osition that it can be considered is so ridiculous as not to re¬ 
quire discussion. There was no reason that the witness should 
not have testified in the first hearing as he was present and 
acting as attorney for the contestant. The matter is entirely 
new and relates to the elections of 1918. 

Spicer. New matter. No opportunity to contradict it. 
We have a letter on file from Mr. Bost denouncing Spicer’s 
statement as wholly and atrociously false, which letter is at 
the call of the Committee. This is one more illustration of the 
unwisdom of allowing new matter in rebuttal, contrary to the 
act of Congress. 

C. B. Houke. Third time he is presented. His case already 
explained. 

Fields Hardin. Already mentioned and explained. No evi¬ 
dence that he was not a qualified voter. 

The persons mentioned in the next paragraph on page 66, 
beginning with Miss Coldiron and ending with Miss Faw, can¬ 
not be considered for several reasons. (1) New matter of¬ 
fered in rebuttal. (2) No evidence that these parties ap¬ 
peared at the polls and offered to vote. Certainly under no 
circumstances can their votes be counted for the contestant. 


JAMES I. CAMPBELL V. ROBERT L. DOUGHTON 


71 


The Committee will also note that in practically none of 
these cases where it is charged that parties were denied regis¬ 
tration on account of inability to read and write do the parties 
themselves come forward and offer to testify with respect 
to their qualifications, but in almost every case it is sought to 
establish their qualifications by the opinion of some person who 
was not present when the officer of the law applied the tests. 

The questions presented by the charges made with respect 
to W. H. Severt and others, on the bottom of page 66, were 
passed upon by the election officials and in the absence of 
fraud or a clear disregard of the law, their judgment is con¬ 
clusive. There is no such evidence in this case. 

The lists on page 67, beginning with the name Greer and 
ending with the name Duncan, have practically all been 
treated, but the others referred to are new matter in rebuttal 
and cannot be considered. 

On page 69 the contestant says the sheriffs and tax collec¬ 
tors in each county in the District where the vote is in dispute 
were all Democrats. This is another illustration of the sys¬ 
tematic forgetfulness on the part of the contestant of all 
matter in the record not tending to support his contentions, 
as it appears that in the very county we have just been con¬ 
sidering, to wit Ashe, all the county officials were Republicans. 

Conclusion 

We have gone over the 1,600 pages of the printed record 
and endeavored to fairly deduce what it establishes. The 
evidence is ofttimes confusing and contradictory, much of 
it of a vague and uncertain character, and it is impossible for 
any man to reach conclusions, from the evidence, that are 
mathematically accurate. 

But we do say that the great weight of the testimony forces 
the conviction that the certified returns of the sworn officers of 
the law are substantially accurate, and that while there were 
some mistakes, some confusion and some disorder, the elec¬ 
tions were conducted as fairly and intelligently as the new 
conditions which confronted the people and the officials would 
permit. We submit that upon the whole record there is noth¬ 
ing to justify this contest, and to deprive the contestee of his 
seat in Congress would be to set at naught the declared will 
of the people of his District. 
















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NORTH'[CAROUNa4^^4i^(^,Ju. 


ELECTION LAW 

1919 



ISSUED FROM OFFICE OF 
J. BRYAN GRIMES, SECRETARY OF State 
RALEIGH 




I 


[Chapter 97, Consolidated Statutes] 

ELECTIONS 


SUBCHAPTER I. GENERAL ELECTIONS 


Art. 1, Definitions. 

5913. Political party defined. 

Art. 2. Time op Elections. 

5914. For state officers. 

5915. For presidential electors. 

5916. For president and vice-president, by electors. 

5917. For county officers, solicitors, and congressmen. 

5918. For township offices. 

5919. Special election for members of general assembly. 

5920. For vacancies in state offices. 

Art. 3. State Board of Elections. 

5921. Board appointed by governor; term of office. 

5922. Meetings; vacancies; pay. 

5923. Called meetings; authority; quorum. 

Art. 4. County Board of Elections. 

5924. County board, membership; appointment; qualifications. 

5925. Meetings and organization. 

5926. To establish or change polling places; new polling book and registration. 

5927. Books and stationery furnished to county board. 

5928. To appoint registrars and judges of election. 

5929. Appointment of registrars regulated; vacancies filled. 

5930. How vacancies in county board filled. 

5931. Removal of registrars and judges of election. 

5932. Election returns transmitted to speaker of house. 

5933. Chairman to furnish county officers certificate of election. 

5934. Where chaii’inen meet in senatorial districts. 

5935. Chairmen to issue certificate to senator elected. 


Art. 5. Qualification op Voters. 

5936. Persons excluded from electoral franchise. 

5937. Qualifications of electors. 

5938. Registration a prerequisite. 


Art. 6. Registration of Voters. 

5939. Voter must be able to read and write; exceptions. 

5940. Qualifications as to residence for voters; oath to be taken. 

5941. Poll tax must be paid before person can vote; receipt exhibited. 

5942. Who may vote without paying poll tax. 

5943. Sheriff to give receipt for poll tax. 

5944. Sheriff to give duplicate when receipt lost. 

5945. Annual list of persons paying poll tax prepared and certified. 

5946. When person can register on election day. 

5947. Time when registration books must be open; oath of registrar. 

5948. Registration books deposited with register of deeds. 


Art. 7. Permanent Registration. 

5949. Persons entitled to permanent registration. 

5950. Oaths administered; names recorded. 

5951. Registrar to return list to clerk of court; record. 

5952. Clerks to certify list to secretary of state. 

5953. How permanent roll prepared and certified; certified copies from roll. 

5954. When copy of roll obtainable by clerk from secretary of state. 

5955. Copy of, or certificate from roll evidence of voter’s rights. 

5956. Registration of voters removing residence. 

5957. Educational qualification not applicable to permanent registrants. 

5958. Secretary of state furnishes necessary blanks. 

5959. Books constitute roll in secretary of state’s office. 


Art. 8. Absent Electors. 

5960. Registration and voting by mail. 

5961. Registration of voters expecting to be absent during registration period. 

5962. Blank certificates and envelopes for absent electors. 

5963. Ballots to be mailed to absent voters. 

5964. Opening votes of absent voters. 

5965. Challenges. 

5966. Absent voter may sign name on ballot; ballot and certificate to be kept. 

5967. Pees allowed in connection with absentee’s voting. 

5968. Construction in favor of absentee’s right. 



4 


Election Law 


Art. 9. Judges of Election. 

5969. Appointment. 

5970. Names published; vacancies filled; qualify before acting. 

5971. Duties of judges. 

Art. 10. Challenges. 

5972. Registrar to attend polling places for challenges. 

5973. liow challenges heard. 

5974. Challenge as felon; answer not used on prosecution. 

Art. 11. Conduct of Elections. 

5975. Special elections. 

5976. Opening and holding of polls. 

5977. Power of election officers to maintain order. < 

5978. Appointment of bailiffs to maintain order at precincts. 

5979. Voter may deposit his own ballot. 

5980. Size of ballots. 

5981. Contents of ticket. 

5982. Ballot boxes; description; how provided. 

5983. How votes counted. 

Art. 12. County Board of Canvassers. 

5984. Appointment of members of board. 

5985. Meetings of board; election of chairman; oath of chairman and 

members. 

5986. To canvass returns and determine result. 

5987. What returns placed on same abstract. 

5988. Duplicate abstract of votes for higher officers; preparation and dis¬ 

position. 

5989. Du])licate abstracts of county and township offices; preparation and 

disposition. 

5990. Filing of original returns; duplicate abstracts of vote for higher offices. 

5991. Who declared elected. 

5992. Proclamation of result of election. 


Art. 13. State Board of Canvassers. 

^ 5993. Who constitutes board. 

5994. Duty of board. 

5995. Duty of board if abstracts not received. 

5996. To estimate votes cast for executive officers. 

5997. To declare result; certificate of election issued. 

5998. Secretary of state to record abstracts. 

Art. 14. State Officers, Senators, and Congressmen. 

5999. How returns published and result declared; how tie broken. 

6000. How abstracts of votes made. 

6001. Regular elections for senators. 

6002. Election of senator to fill unexpired term. 

6003. Governor to fill vacancies until general election. 

6004. Congressional districts specified. 

6005. When election for congressmen held. 

6006. Election after reap])ortionment of congressmen. 

6007. Special election for congressmen. 

6008. Certificate of election for congressmen. 


Art. 15. Election of Presidential Electors. 

6009. Conduct of election. 

6010. Names of electors on one ballot. 

6011. How returns made. 

6012. Declaration and proclamation of result. 

6013. Penalty for presidential elector failing to attend and vote. 

Art. 16. Miscellaneous Provisions as to General Elections. 

6014. Agreements for rotation of candidates in senatorial districts of more 

than one county. 

6015. Judges and solicitors; commission; when term begins. 

6016. Penalty for refusing copy of poll books. 

6017. Forms for returns sent to proper officers by secretary of state. 


SUBCHAPTER II. PRIMARY ELECTIONS 

Art. 17. Primary Elections. 

6018. Date for holding primaries. 

6019. Candidates for president and vice-president selected. 

6020. Primaries governed by general election laws. 

6021. Appointment of election boards. 

6022. Notices and pledges to be filed by candidates. 

6023. Fees of candidates. 


Election Law 


5 


6024. Fees erroneously paid refunded. 

6025. Statements of expenditures to be filed by candidates. 

6026. Payment of expenses lor primary elections. 

6027. Registration of voters. 

6028. Notices filed by candidates to be certified; printing and distribution of 

ballots. 

6029. Only' official ballots to be voted; contents and printing of ballots. 

6030. How choice indicated on ballot; how names of candidates placed 

. thereon. 

6031. How i>rimary conducted; ballot boxes; voter’s rights; polling books; 

information given; observation allowed. 

6032. Counting ballots and certifying results. 

6033. Names of candidates successful at primaries printed on official ballot; 

where only one candidate. 

6034. Primaries for county offices; candidates to comply with requirements. 

6035. Primaries for county offices; notices of candidacy and official ballots. 

6036. Primaries for county offices; voting and returns. 

6037. Ballots for general assembly and county officers. 

6038. Boxes for county officers; how labeled. 

6039. So e candidate declared nominee. 

6040. Primaries for township and precinct officers. 

6041. Returns of precinct primaries; preservation of ballots. 

6042. County board tabulates results of primaries; returns in duplicate. 

6043. State board tabulates returns and declares nominees. 

6044. Returns of election boards to be under oath. 

6045. When results determined by plurality or majority; second primaries. 

6046. Attorney-general to aid boards by advice and as to forms. 

6047. Returns, canvasses, and other acts governed by general election law. 

6048. Election board may refer to ballot boxes to resolve doubts. 

6049. Official ballots for general election of state and district officers; prepa¬ 

ration and distribution. 

6050. Official ballots for general election of county' officers; preparation and 

distribution. 

6051. Names on official ballot; nonpartisan candidates added on petition. 

6052. Political jiarty defined. 

6053. Filling vacancies occurring after primary. 

6054. Certain coxinties excepted. 

6055. Certain local acts repealed. ' 


SUBCHAPTER I. GENERAL ELECTIONS 

Art. 1. Definitions 

591S. Political iiarty defined. The words “political party” as used in this 
subchapter, shall be construed to mean every such political party or organiza¬ 
tion whose candidate for governor received as many as fifty thousand votes in 
the election held August second, one thousand nine hundred. 

Rev., s. 4292 ; 1901, c. 89, s. 85. 

Note, —For definition of political party under primary law, see s. 6052. 

Art. 2.^ Time of Elections 

5914. For state officers. On Tuesday next after the first Monday in Novem¬ 
ber, in the year of our Lord one thousand nine hundred and four, and every 
four years thereafter, an election shall be held in the several election pre¬ 
cincts in each county for the following officers: Governor, lieutenant-governor, 
secretary of state, auditor, treasurer, superintendent of public instruction, 
attorney-general, and other state officers whose terms last for four years, and 
at said time and every two years thereafter, elections shall be held in the 
several election precincts in each county for other state officers whose election 
is not otherwise provided for by law. 

Rev., S. 4293; 1901, c. 89, s. 3. 

5915. For presidential electors. On the Tuesday next after the first Monday 
in the month of November, in the year of our Lord one thousand nine hun¬ 
dred and eight, and every four years thereafter, or on such days as the con¬ 
gress of the United States shall have directed, a poll shall be opened in each 
of the precincts of the state for the election of electors of president and vice- 
president of the United States, the number of whom is to be equal to the num¬ 
ber of senators and representatives in congress to which this state may be 


6 


Election Law 


entitled, and the persons shall be electors for the state as aforesaid, and the 
voting place in each ward or precinct shall he the same as in elections for 
members of the general assembly, unless changed by the county board of 
elections. 

Rev., s. 4294; 1901, c. 89, s. 77. 

5916. For president and vice-president, by electors. The persons elected 
an appointed as electors of the president and vice-president of the United 
States shall assemble on the second Monday of January, in the capitol at the 
city of Raleigh, and then and there give their votes on behalf of the state of 
North Carolina for president and vice-president of the United States, and pro¬ 
ceed in relation thereto in all things comformably to the constitution of the 
United States and the acts of congress in that behalf. 

Rev., s. 4295 ; 1901, c. 89, s. 82. 

5917. For county officers, solicitors, and congressmen. On the Tuesday 
next after the first Monday in November, in the year of our Lord one thou¬ 
sand nine hundred and six, and every two years thereafter, an election shall 
be held in the several election precincts in each county for members of congress 
in the several districts, members of the general assembly for their respective 
counties and districts, a register of deeds, county surveyor, coroner, sheriff, 
county commissioners, where the county commissioners are elected by the 
people, and in such counties as have one, a county treasurer, and other officers, 
whose terms are for two years. And on the said first Tuesday after the first 
Monday in November, in the year of our Lord one thousand nine hundred and 
six, and every four years thereafter, an election shall be held in each county 
for clerk of the superior court, and at such times an election shall be held in 
the several judicial districts for the office of solicitor. 

Rev.,’s. 4296; 1901, c. 89, s. 1. 

Note.—S ee, also, s. 6005. 

5918. For township offices. On the first Tuesday after the first Monday in 
November, in the year of our Lord one thousand nine hundred and six, and 
every two years thereafter, an election shall be held in each township for the 
office of constable, and also for justices of the peace in such counties as elect 
them by a vote of the people, and all other officers elected by a vote of the 
township. 

Rev., s. 4297; 1901, c. 89, s. 2. 

5919. Special election for members of general assembly. When a vacancy 
occurs in the general assembly by death, resignation, or otherwise, it shall be 
the duty of the chairman of the county board of elections, or of the sheriff of 
the county in which the late member resided, provided the general assembly 
shall not be in session, to notify the governor of such vacancy, and in case the 
general assembly shall be in session when such vacancy occurs, it shall be the 
duty of the presiding officer in the house in which the vacancy occurs to 
notify the governor of the same, who shall thereupon issue a writ of election 
to the chairman or chairmen of the district or county represented by the late 
member, said election to be held at such time as the governor may designate, 
and in such manner as may he prescribed by law. 

Rev., s. 4298; 1901, c. 89, s. 74. 


5920. For vacancies in state offices. Whenever any vacancies shall exist by 
reason of death, resignation, or otherwise, in any of the following offices, 
to wit, secretary of state, auditor, treasurer, superintendent of public instruc¬ 
tion, attorney-general, solicitor, justices of the supreme court, judges of the 
superior court, or any other state officer elected by the people, the same shall 
be filled by elections, to be held in the manner and places and under the same 
regulations and rules as prescribed for general elections, at the next regular 
election for members of the general assembly, which shall occur more than 
thirty days after such vacancy, except as otherwise provided for in the 
constitution. 

Rev., s. 4299; 1901, c. 89, ss. 4, 73. 


Election Law 


7 


Art. 3. State Board op Elections 

5921. Board appointed by goyernor; term of office. There shall be a state 
Doarcl ot elections, consisting of five electors, whose terms of office shall begin 
on the first day of June, one thousand nine hundred and five, and continue 
for two years and until their successors are appointed and qualified. The 
governor shall appoint the members of this board, and not more than three of 
them shall be of the same political party. Their successors shall likewise be 
appointed by the governor, and their term of office shall continue for two 
years and until their successors are elected and qualified. 

Rev., s. 4300; 1901, c. 89, s. 5. 

5922. Meetings; yacaiicies; pay. The state board of elections shall meet in 
Raleigh on the first Monday in July, in the year nineteen hundred and six, 
and shall organize by electing one of its members chairman and another secre¬ 
tary, and the chairman of said board may call such meetings as may be 
necessary to discharge the duties and functions imposed upon said board by 
this chapter at such times and places as he may appoint. Any vacancy occur¬ 
ring in the said board shall be filled by the governor, and the person so ap¬ 
pointed shall fill the unexpired term. The members of the board shall receive 
in full compensation for their services four dollars per day for the time they 
are actually engaged in the discharge of their duties, together with their 
actual traveling expenses, and such other expenses as are necessary and inci¬ 
dental to the discharge of the duties imposed by this chapter. 

Rev., ss. 2760, 4301; 1901, c. 89, s. 7. 

5923. Called meetings; autliority; quorum. The chairman of the state 
board of elections shall call a meeting of the board upon the application in 
writing of any two members thereof, or if there be no chairman, or the chair¬ 
man does not call such meeting, any three members of the said board shall 
have pow'er to call a meeting of the board. And any duty imposed or power 
conferred by this chapter may be performed or exercised at such meeting, al¬ 
though the time for performing or exercising the same prescribed by this 
chapter may have expired. And if at any meeting any member of said board 
shall fail to attend, and by reason thereof there is a failure of a quorum, the 
members attending shall adjourn from day to day, for not more than two days, 
at the end of which time, if there should be no quorum, the governor may 
remove the members so failing to attend summarily and appoint their 
successors. 

Rev., s. 4302; 1901, c. 89, s. 7. 

Art. 4. County Board of Elections 

5924. County board; niemborsliii); appointiiTent; qualifications. There shall 
be in every county in the state a county board of elections to consist of three 
persons of good moral character, who are electors in the county in .which they 
are to act, who shall be appointed by the state board of elections at least three 
months before the next general state election, and biennially thereafter, and 
whose terms of office shall continue for two years from the time of their ap¬ 
pointment and until their successors are appointed and qualified, unless 
sooner removed therefrom as hereinafter provided. Not more than two mem¬ 
bers of the county board of elections shall belong to the same political party, 
and the state chairman of each political party shall have the right to recom¬ 
mend three electors in each county, and it shall be the duty of the state board 
of elections to appoint said county board from the names thus recommended: 
Provided, that said chairmen shall recoipmend such persons on or before the 
first Monday of August of each year in which appointments are to be made. 

Rev., s. 4303; 1901, c. 89, s. 6. 

• 

5925. Meetings and organization. It shall be the duty of the county board 
of elections to meet in their respective counties not later than the first Mon¬ 
day in September, in the year of our Lord one thousand nine hundred and six. 


8 


Election Law 


and biennially thereafter, and, a majority being present, they shall organize 
by electing one of its members chairman and another secretary, and it may 
meet at such other times and places as the chairman of said board, or any 
two members thereof, may direct to divide their respective counties into elec¬ 
tion precincts and fix the polling places. 

Rev., s. 4304; 1901, c. 89, s. 11. 

51126. To establish or change polling places; new polling book and regis¬ 
tration. The county board of elections may, in their respective counties, 
adopt the present election precincts, or they may establish new precincts, but 
the election precincts and polling places as now fixed in each county shall 
remain as they now are until altered. In the case of the alteration of the elec¬ 
tion precincts or polling places therein, they shall give twenty days notice 
thereof, in some public journal, or in lieu thereof, in three public places in 
such county, and at the courthouse door. And the county board of elections 
shall have power from time to time, after dividing their counties into election 
precincts, to establish, alter, discontinue, or create such new election precincts 
in their respective counties as they may deem expedient, giving twenty days 
notice thereof, by advertising in some public journal, or in lieu thereof, in 
three public places in such county and at the courthouse door. If any polling 
place is changed in any precinct, like advertisement of such change shall be 
given. And there shall be at least one polling place in every township, con¬ 
veniently located for a majority of the voters. The county board of elections 
shall have power from time to time to order a revision of the polling book of 
any precinct in any township and to order a new registration for any pre¬ 
cinct; and if and when a new registration is ordered notice shall be given as 
hereinbefore provided for the alteration of an election precinct or polling 
place. 

Rev., s. 4305; 1901, c. 89, s. 11; 1913, c. 138. 

5927. Books and stationery fnrnislied to county board. The county board 
of elections shall make their requisition upon the secretary of state for such 
books, blanks, and stationery as may be necessary for the registration of 
voters and holding elections in their respective counties. And if the secretary 
of state shall fail to provide said books, blanks, or stationery, it shall be the 
duty of the said board to provide the same at the expense of the state. 

Rev., s. 4306; 1901, c. 89, s. 11. 

5928. To appoint registrars and judges of election. The county board of 
elections in each county shall appoint all registrars and judges of election in 
their respective counties, and fill vacancies except .as herein provided. 

Rev., s. 4307; 1901, c. 89, s. 8. 

5929. A])pointment of registrars regulated; vacancies filled. The countv 
board of elections of the several counties shall select, on or before the first 
Monday in' September, in the year of our Lord one thousand nine hundred 
and six, and biennially thereafter, one person of good repute and standing, 
who shall act as registrar for each township, ward, or precinct. The said 
county board of elections shall make publication of the names of the persons 
so selected at the courthouse door immediately after such appointment, and 
shall cause a notice to be served upon said persons by the sheriff. If any 
registrar fail to perform the duties of his office, and for that or for any other 
cause be removed from office, or shall die or resign, or if there shall for any 
other cause be a vacancy in said office, the chairman of the county board of 
elections may appoint another in his place. No person who is a candidate 
shall be a registrar or judge of election. 

Rev., s. 4308; 1901, c. 89, s. 16. 


59.S0. How vacancies in county board filled. The state board of elections 
shall have power to remove from office any member of the county board of 
elections for incompetency, failure of duty, or for any other satisfactory cause. 
When any member of the county board of elections shall be removed by the 


Election Law 


9 


state board of elections, the vacancy thus created shall be filled by the state 
board of elections; the vacancy occurring in the county board of elections for 
other cause than removal by the state board of elecfions shall be filled by the 
chairman of the state board of elections, but the person so appointed to fill 
any vacancy shall be of the same political party as his predecessor. 

Rev., s. 4309; 1901, c. 89, s. 9, 

5931. Removal of registrars and judges of election. The county board of 
elections shall have power to remove any registrar or judge of election ap¬ 
pointed by it for incompetency, failure to qualify within the time prescribed 
by law, failure to discharge the duties of office after qualifying, or for any 
other satisfactory cause. 

Rev., s. 4310; 1901, c. 89, s. 10. 


5932. Election returns transmitted to speaker of house. The chairman of 
the county board of elections, or other returning officer of each county, shall, 
on or before the fifth day after the election, transmit by mail, in a registered 
letter or otherwise, to the speaker of the house of representatives, a separate 
statement of the votes taken in his county for each of the state officers, to wit: 
governor, lieutenant-governor, secretary of state, auditor, treasurer, superin¬ 
tendent of public instruction, and attorney-general, and other state officers; 
which statement in each case shall be in the following or some similar 
form, viz.: 

State of North Carolina.County. 

I.. the chairman of the county board of elections of. 

county, do hereby certify that at the elecjtion held in the said county to elect a governor 
(or other officers, as the case may be), at the places appointed by law for holding elections 

for said county, on the.day of.A. D. one thousand nine 

hundred and.votes were given for.. and. 

votes for . 

Given under my hand, this.day of., nineteen hundred and. 


Chairman of the County Board of Elections. 

If such statements are transmitted by mail, they shall be directed in sealed 
packets to the speaker of the house of representatives, in care of the secretary 
of state, and. if by messengers, they shall be sent direct to the speaker of the 
house of representatives, sealed as aforesaid: Provided, that no messenger 
bringing said statements or any other abstracts or election returns shall re¬ 
ceive compensation therefor. The chairman of the county board of elections, 
or other returning officers, failing or neglecting to perform the duties required 
in this section, shall forfeit and pay two thousand dollars, to be^ recovered in 
the superior court of his county by any person who shall sue for the same, 
and shall be-guilty of a misdemeanor, and imprisoned at hard labor in the 
states prison for twelve months: Provided further, that the chairman of the 
county board of elections of Carteret, Hyde, and Dare shall have until the 
eleventh day after the election to comply with this section. 

Rev., s. 4311; 1901, c. 89, s. 42. 


5933. ('hairnmii to furnish county officers certificate of election. The chair¬ 
man of the county board of election of each county shall furnish, within ten 
days, the member or members elected to the house of representatives and to 
the senate, when the district is not composed of more than one county, a cer¬ 
tificate of election under his hand and seal. He shall also immediately notify 
all persons elected to the county offices to meet at the courthouse on the first 
Monday in the ensuing December to be qualified. 

Rev., s. 4312; 1901, c. 89, s. 41. 

5934. Wiicre chairiucii meet in senatorial districts. The chairmen of the 
county boards of elections in the various senatorial districts, composed of 
more than one county, after receiving the returns from the board of county 















10 


Election Law 


canvassers, shall meet on the ninth day after election at the following places 
in their respective districts for the purpose of comparing polls: 

In the first district at Hertford, in the county of Perquimans. 

In the second district at Plymouth, in the county of Washington. 

In the third district at Roxobel, in the county of Bertie. 

In the fourth district at Halifax, in the county of Halifax. 

In the sixth district at Rocky Mount, in the county of Nash, 

In the seventh district at New Bern, in the county of Craven. 

In the ninth district at Wallace, in the county of Duplin. 

In the tenth district at Wilmington, in the county of New Hanover. 

In the eleventh district at Clarkton, in the county of Bladen. 

In the thirteenth district at Fayetteville, in the county of Cumberland. 

In the fourteenth district at Dunn, in the county of Harnett. 

In the sixteenth district at Norlina, in the county of Warren. 

In the seventeenth district at Berea, in the county of Granville. 

In the eighteenth district at Hillsboro, in the county of Orange. 

In the twenty-first district at Aberdeen, in the county of Moore. 

In the twenty-second district at Asheboro, in the county of Randolph. 

In the twenty-third district at Norwood, in the county of Stanly. 

In the twenty-fourth district at Charlotte, in the county of Mecklenburg. 

In the twenty-seventh district at Pilot Mountain, in the county of Surry. 

In the twenty-eighth district at Yadkinville. in the county of Yadkin. 

In the thirtieth district at Maiden, in the county of Catawba. 

In the thirty-second district at Rutherfordton, in the county of Rutherford. 
In the thirty-third district at Morganton, in the county of Burke. 

In the thirty-fourth district at Jefferson, in the county of Ashe. 

In the thirty-fifth district at Burnsville, in the county of Yancey. 

In the thirty-seventh district at Sylva, in the county of Jackson. 

In the thirty-eighth district at Murphy, in the county of Cherokee. 

Rer., s. 4313; 1913, c. 53. 

r>93r><, Chairmen to issue certificate to senator elected. Said chairmen or 
a majority of them after they shall have thus completed the comparison of 
the polls shall judicially determine the result of the election in said senatorial 
district, and shall issue a certificate of election substantially as follows: 

State of North Carolina—County of. 

We, ., chairman of the county hoard of elections of. 

county; ., chairfnan of the county board of elections of.. 

county; ., chairman of the county hoard of elections of. 

county; and., chairman of the county hoard of elections of. 

county, do hereby certify that we met in pursuance to law at the courthouse in the town 

.. . . ., on the.day of November, ., being the ninth day 

after the general election, and after comparing the polls we find that—■ 

.received.votes. 

.received votes. 

. received.votes. 

.received.votes. 

We therefore declare that. and.have received a 

ma,iority of the votes and are duly elected as senators from the. senatorial 

district of North Carolina. 

AVitness our hands and seals, this.day of November, 19. . . . 

. (Seal.) 

. (Seal.) 

. (Seal.) 

. (Seal.) 

If for any cause a majority of said chairmen should fail to be present, those 
present shall adjourn for one week and give notice of such adjournment to the 
absent chairmen, which notice shall be served by the sheriff of the county 
where such chairmen may reside: Provided, however, if any such chairmen 
shall be incapacitated by sickness from attending, it shall be the duty of the 
secretary of the board to attend in place of such chairmen and exercise the 
power conferred by this section upon such chairmen. Said chairmen or a 































Election Law 


11 


majority of them shall certify under their hands to the secretary of state, 
upon blanks furnished by him for that purpose, a list of the names of the 
persons voted for in said district for senator, together with the votes cast for 
each, and their postofhce addresses. 

Rev., s. 4314; 1905, c. 510; 1909, c. 894. 

Art. 5. Qualification of Voters 

5936. Persons excluded from electoral franchise. The following classes of 
persons shall not be allowed to register or vote in this state, to wit: First, 
persons under twenty-one years of age; second, idiots and lunatics; third, 
persons who have been convicted or confessed their guilt in open court, upon 
indictment, of any crime, the punishment of which is now, or may hereafter 
be, imprisonment in the state’s prison, unless such person shall have been 
restored to citizenship in the manner prescribed by law. 

Rev., s. 4315; 1901, c. 89, s. 14. 

5937. Qualifications of electors. Subject to the exceptions contained in the 
preceding section, every male person who has been naturalized, twenty-one 
years of age, a citizen of the state of North Carolina, who shall have resided 
two years in the state and six months in the county, and four months in the 
precinct, ward, or election district in which he offers to vote next preceding 
the election, shall, if otherwise qualified, as prescribed in this chapter, be a 
qualified elector in the precinct, ward, or township in which he resides: Pro¬ 
vided, that removal from one ward, precinct, or other election district to 
another in the same county shall not operate to deprive any person of the 
right to vote in the precinct, ward, or other election district from which he 
has removed until four months after such removal, and all electors shall 
register and vote in the election precinct of their residence, except in case 
of removal, as above specified, in which case such person shall register in the 
township, ward, or precinct whence he has removed. The residence of a mar¬ 
ried man shall be where his family resides, and that of a single man where 
he sleeps. And it shall be the duty of the registrar or judge of election, 
when requested by any bystander, to swear any person offering to register as 
to his residence, and to have placed in writing opposite his name the word 

“Sworn.” 

Rev., s. 4316; 1901, c. 89, s. 15. 

5938. Kegistration a i)rereqnisite. Only such persons as are registered 
shall be entitled to vote in any election held under this chapter. 

Rev., s. 4317; 1901, c. 89, s. 12. 

Art. 6. Registration of Voters 

5939. Voter must l)e able to read and write; exceptions. Every person 
presenting himself for registration shall be able to read and write any section 
of the constitution in the English language, and shall show to the satisfac¬ 
tion of the registrar his ability to read and write any such section when he 
applies for registration, and before he is registered: Provided, however, that 
no male person who ivas, on January first, one thousand eight hundred and 
sixty-seven, or at any time prior thereto, entitled to vote under the laws of 
any state in the United States where he then resided, and no lineal descendant 
of such person shall be denied the right to register and vote at any election in 
this estate by reason of his failure to possess the educational qualification 
aforesaid- Provided, that it shall be made to appear to the registrar that he 
or his ancestor was entitled to vote prior to January first, one thousand eight 
hundred and sixty-seven, in any state in the United States, as prescribed by 
article six section four of the constitution, and such person, if otherwise 
qualified, shall be registered, and no registrar shall have the right to inquire 
whether such person can read or wi ite. 

Rev., s. 4318; 1901, c. 89, s. 12. 


12 


Election Law 


5940. Qualifications as to residence for yoters; oath to he taken. In all 
cases the applicant for registration shall be sworn before being registered, 
and shall state as accurately as possible his name, age, place of birth, place of 
residence, stating ward if he resides in an incorporated town or city; and 
any other questions which may be material upon the question of identity and 
qualification of the said applicant to be admitted to registration. The regis¬ 
trar, if in doubt as to the right of the applicant to register, may require other 
evidence satisfactory to him as to the qualification of the applicant. And 
thereupon, if the applicant shall be found to be duly qualified and entitled to 
be registered as an elector, the registrar shall register the applicant, giving 
his race opposite his name, and shall record his name, age, residence, place of 
birth, and the township, county, or state from whence he has removed, in the 
event of a removal, in the appropriate column of the registration books, and 
the registration books containing the said record shall be evidence against 
the applicant in any court of law in a proceeding for false or fraudulent 
registration. Every person qualified as an elector shall take the following 
oath : 

I do solemnly swear (or affirm) that I will support the constitution of the United States, 
and the constitution of the State of North Carolina, not inconsistent therewith; that I have 

been a resident of the state of North Carolina for two years, and of the county of. 

for six months, and of . township (precinct or ward) for 

four months; or that I was a resident of . township (ward or precinct) 

on the.day of. (being four months preceding the election) 

and removed therefrom to . township (ward or precinct), where I havn 

since resided; that I am twenty-one years of age; that I have not registered for this election 
in any other ward or precinct or township. So help me, God. 

And thereupon the said person, if otherwise qualified, shall he entitled to 
register. 

Rev., s. 4319; 1901, c. 89, s. 12. 

5941. Poll tax must he paid before person can vote; receipt exliibited. No 
person shall he entitled to vote unless he shall have paid his poll tax for the 
previous year, on or before the first day of May of the year in which he offers 
to vote, as prescribed under article five, section one, of the constitution. 
Every person liable for such poll tax shall, before being allowed to vote, 
exhibit to the registrar his poll tax receipt for the previous year, issued under 
the hand of the sheriff or tax collector of the county or township where he 
then resided; and unless such poll tax receipt shall bear date on or before the 
first day of May of the year in which he offers to vote, such person shall not 
be allowed to vote: Provided, that in lieu of such poll tax receipt it shall be 
comeptent for the registrar and judges of election to allow such person to vote- 
upon his taking and subscribing the following oath: 

North Carolina, . County. 

I do solemnly swear (or affirm) that on or before the first day of May of this year I 
paid my poll tax for the previous year, as required by article six, section four, of the 
constitution of North Carolina. . 

Sworn to and subscribed before me, this the.. . day of., 19. . . . 


Registrar. 

Which oath shall bear date on the day on which such election is held: Pro¬ 
vided further, that if not satisfied, the registrar and judges of election may 
require other and further proof of such payment of poll tax. 

Rev., s. 4320; 1901, c. 89, s. 13. 

5942. Who may vote without paying poll tax. No person who has become 
of age since the first day of June of the previous year, or who was fifty years 
of age or over on the first day of June of the previous year, shall be required 
to produce any poll tax receipt, or take the oath as to payment of poll tax 
hereinbefore provided, in order to vote. No person who has been exempted 
by the commissioners of the county wherein he resides on account of poverty 













Election Law 


13 


j)r infirmity shall be required to produce any poll tax receipt or to take said 
oath as to payment of poll tax in order to vote. No person shall be allowed 
to vote on any exemption granted by the board of commissioners unless the 
same shall have been granted on or before the first day of May in the year in 
which he offers to vote, and bears date on or before said date. 

Rev., s. 4321; 1901, c. 89, s. 13; 1903, c. 479. 


5013. Sheriff to give receipt for poll tax. Every sheriff or tax collector, 
upon payment of the poll tax, shall issue to the person paying the same a cer¬ 
tificate showing the amount of such poll tax and the true date upon which the 
same was paid. 

Rev., s. 4378; 1901, c. 89, s. 13. 

5914. Sheriff to give duplicate when receipt lost. Any person having paid 
his poll tax as required by law, and having lost his tax receipt, shall, upon 
making affidavit of such loss and satisfactory proof of his identity, be entitled 
to a duplicate thereof from the sheriff or tax collector. 

Rev., s. 4379; 901, c. 89, s. 13. 

5945. Annual list of persons paying poll tax prepared and certified. It shall 
be the duty of every sheriff and tax collector, between the first and tenth days 
of May of each year in which a general election occurs, to certify under oath 
a true and correct list of all persons who have paid their poll tax for the 
previous year on or before the first day of May, to the clerk of the superior 
court, who shall, within ten days, record the same in a book to be provided 
for that purpose, keeping each township separate, and certify a true copy 
thereof to the chairman of the board of elections for such county. 

Rev., s. 4380; 1901, c. 89, s. 13. 

5916. When person can register on election day. No registration shall be 
allowed on the day of election, but if any person shall give satisfactory evi¬ 
dence to the regisLar and judges of election that he has become qualified to 
register and vote after the time for registration has expired, he shall be al¬ 
lowed to register on that date. 

Rev., s. 4322; 1901, c. 89, s. 21. 

5947. Time when registration books must be open; oath of registrar. The 

registrar of each township, ward, or precinct shall be furnished with a regis¬ 
tration book prepared as hereinbefore provided, and it shall be his duty, be¬ 
tween the hours of nine o’clock a. m. and sunset, on each day (Sunday ex¬ 
cepted) for twenty days preceding the day for closing the registration books, 
as hereinafter provided, to keep open said books for the registration of any 
electors residing within such township, ward, or precinct and entitled to regis¬ 
tration. The said books shall be closed for registration at sunset on the 
second Saturday before each election. On each Saturday during the period 
of registration the registrar shall attend with his registration books at the 
polling place of his precinct or ward for the registration of voters. Every 
registrar, before entering upon the discharge of the duties of his office, shall 
take an oath before a justice of the peace or some other person authorized to 
administer oaths, that he will support the constitution of the United States 
and the constitution of North Carolina not inconsistent therewith, and that he 
will honestly and impartially discharge the duties of registrar, and honestly 
and fairly conduct such election. 

Rev., s. 4323; 1901, c. 89, s. 18. 

5915. Kegisfratioii books deposited with register of deeds. Immediately 
after any election, the registrar and judges of election shall deposit the regis¬ 
tration books for their respective precincts with the register of deeds of their 
respective counties. 

Rev., s. 4324; 1901, c. 89, s. 25. 


14 


Election Law 


Akt. 7. Permanent Registration 

5949. Persons entitled to permanent registration. Every person claiming 
the benefit of section four of article six of the constitution of North Carolina, 
as ratified at the general .election on the second day of August, one thousand 
nine hundred, and who shall be entitled to register upon the permanent record 
for registration provided for under said section four, shall, prior to December 
first, one thousand nine hundred and eight, apply for registration to the 
officer charged with the registration of voters as prescribed by law in each 
regular election to be held in the state for members of the general assembly, 
and such person shall take and subscribe before such officer an oath in the 
following form, viz.: 

I am a citizen of the United States and of the state of North Carolina; I am. 

years of age. I was, on the first day of January, A. D. one thousand eight hundred and 
sixty-seven, or prior to said date, entitled to vote under the constitution and laws of the 

state of.. in which I then resided (or, I am a lineal descendant of 

.. who was, on January one, one thousand eight hundred and sixty- 

seven, or prior to that date, entitled to vote under the constitution and laws of the state 
of.. wherein he then resided). 

Rev., s. 4325; 1901, c. 550, s. 1. 

5950. Oaths administered; names recorded. It shall be the duty of the 
ofllcer charged with the registration of voters in all such elections held in 
this state until November first, one thousand nine hundred and eight, to ad¬ 
minister such oaths and to record the name of such person on his roll of 
registered and qualified voters; and all registration under this chapter and 
under the said section of the constitution shall be had and taken at the times 
and places provided by law for registration of voters for all such elections in 
this state until November first, one thousand nine hundred and eight. 

Rev., s. 4326; 1901, c. 550, s. 2. 

5951. Registrar to return list to clerk of court; record. It shall be the 
duty of such registration officer, within five days after the close of the elec¬ 
tion, to return to the clerk of the superior court of the county in which he 
resides a list of the names of all the persons so registered by him, stating 
therein the name and age of such person, and the name of the person from 
whom descended, unless he himself was a voter on January first, one thousand 
eight hundred and sixty-seven, or prior thereto, and the state wherein he or 
his ancestor was a voter and the date on which he applied for registration, 
and it shall be the duty of the clerk of the superior court within ten days 
after receipt of said list, to make an alphabetical roll by townships of all 
persons taking such oath and registered by such registrar, and to record the 
same in a book to be provided for that purpose, which said book shall contain 
the name and age of such person, the name of the person from whom he was 
descended, unless he himself was a voter on January first, one thousand eight 
hundred and sixty-seven, or prior thereto, the state in which he was such 
voter and the date he applied for registration. And the said roll shall, during 
the office hours of said clerk, be open to the inspection of the public. 

Rev., s. 4327; 1901, c. 550, s. 3; 1903, c. 557. 

5952. Clerks to certify list to secretary of state. It shall be the'duty of 
the several clerks of the superior courts of this state to certify to the secre¬ 
tary of state, within thirty days after the close of each election, a copy of the 
•said roll in his office, and it shall be the duty of the secretary of state to 
record, in a book provided for that purpose, the facts set out in such certified 
-copy, and keep the lists from each county separate. The clerk of the superior 
court shall keep the lists from each township in separate columns. The books 
kept by such clerks and the secretary of state shall be plainly lettered “Per¬ 
manent Roll of Registered Voters,” and they shall prepare a complete alpha¬ 
betical index to the same. And for recording and indexing such names the 
clerks of the superior courts shall receive as compensation ten cents for each 
copysheet, to be paid by the county commissioners. 

Rev., s. 4328; 1901, e. 550, s. 4; 1903, c. 557, s. 2. 






Election Law 


15 


59d3. How permanent roll prepared and certified; certified copies from roll. 
It siiall be the duty of all officers charged with the registration of voters in 
any election held in the state to enter the name of such person on the regis¬ 
tration book and voting lists of his township, ward, or precinct, and to give 
a certificate in the following form: 

, .> registrar for . township (ward or precinct) 

• • • ..county, do hereby certify that on this day of.of. 

race, of .. county.township, . 

precinct (or ward), age .. years, took and subscribed the oath required by law, 

and has this day been registered on the permanent roll as a voter in said township (ward 
or precinct), in accordance with section four, article six of the constitution of North 
Carolina. 

This the.day of. 19... ., 

Registrar. 

And it shall be the duty of the clerk of the superior court to certify, under 
his hand and seal, to the genuineness of such certificate as follows: 

North Carolina.County. 

.. clerk of the superior court of the aforesaid county, do hereby 

certify that the foregoing certificate is in due form, and that the signature of said 

.. registrar of said precinct (ward or township), is in his own proper 

handwriting. 

Witness my hand and official seal, this the. day of.. 19... 


Cleric of the Superior Court. 

And for furnishing such certificates and administering such oaths neither 
the said registrar nor clerk shall be paid any compensation by the person so 
applying for registration. In the event of the loss of such certificate the per¬ 
son entitled to the same, upon the payment of twenty-five cents, may obtain 
from the clerk of the superior court, or from the secretary of state, a certifi¬ 
cate under his official seal to the effect that his name is on the permanent 
roll of registered voters from his county, in his office, and such certificate 
shall, in all respects, take the place of such original, and be used as such. 

Rev., s. 4329; 1901, c. 550, s. 5. 

5954. When copy of roll obtainable by clerk from secretary of state. In 
the event of loss or destruction of such rolls in the clerk’s office, it shall be his 
duty to obtain from the secretary of state a certified copy of said roll for his 
county, and such certified copy shall be good and effectual for all purposes 
as the original would have been. 

Rev., g. 4330; 1901, c. 550, s. 6. 

5955. Copy of, or certificate from roll evidence of voter’s rights. In all 
suits involving the right to vote, or trying the title to office, or other action 
in which such rolls are produced in evidence, all of the facts and recitals 
therein shall be taken as prima facie evidence of such facts and recitals, and 
if the right of any voter upon such rolls to vote is challenged, either his 
certificate or a certified copy of such permanent roll shall be deemed prima 
facie evidence of his right to vote. 

Rev., g. 4331; 1901, c. 550, g. 7. 

5956. Hegistratioii of voters removing residence. Whenever any voter so 
registered shall remove from one precinct to another in the same county, or 
from one county to another in the state, he shall make application for regis¬ 
tration, and upon production of his certificate of his being on the permanent 
roll, as provided in this chapter, under the hand and seal of either the clerk 
of the superior court or of the secretary of state, and proof of his identity, 
the proper officer charged with the registration of voters shall register his 
name and make record of the same as in cases of original registration under 
this chapter. 

Rev., g. 4332; 1901, c. 550, g. 8. 




















16 


Election Law 


5957. Educational qualitication not applicable to permanent registrants. 

Any person holding a certificate of registration, as herein provided, shall be 
entitled to register in any county in this state, notwithstanding his inability 
to read and write: Provided, that he shall be otherwise qualified as an elector. 

Rev., s. 4333; 1901, c. 550, s. 9. 

5958. Secretary of state furnishes necessary blanks. The secretary of state 
shall procure, provide, and furnish to the several officers named in this 
chapter and charged with duties under it, all such books, blanks, and other 
printed matter as may be necessary to carry into effect the provisions of this 
chapter. 

Rev., s. 4334; 1901, c. 550, s. 10. 

5959. Books constitute roll in secretary of state’s office. The books con¬ 
taining the permanent roll of registered voters, sent to the office of the secre¬ 
tary of state by clerks of the courts of the several counties, shall be and 
constitute the permanent roll of registered voters, required by this chapter to 
be kept in the'office of the secretary of state, and such books shall be deemed 
a full and complete compliance with the requirements of this chapter. It 
shall be the duty of the several clerks of the court, within thirty days after 
the close of each registration hereafter to be held, up to the first day of 
December, one thousand nine hundred and eight, to forward to the secretary 
of state the names of all persons registering under article six, section four, 
of the constitution of North Carolina, as required by this chapter, and it shall 
be the duty of the secretary of state to record such names in the permanent 
roll of registered voters for the several counties. 

Rev., s. 4335 ; 1903, c. 178. 


Art. 8. Absent Electors 

5960. Kegistratiou and voting by mail. In all primaries and elect’ons of 
every kind hereafter held in this state any elector who may be absent from 
the county in which he is entitled to vote, or physically unable to attend for 
the purpose of voting in person, which fact shall be made to appear by the 
certificate of a physician or by affidavit, shall be allowed to register and vote 
as hereinafter provided. 

1917. c 23. s. 1; 1919, c. 322, s. 1. 

5961. Kegistratioii of voters exi)ectiiig to be absent during registration 

period. Any citizen of the state, not duly registered, who may be qualified to 
vote under the constitution and laws of this state, and who expects to be 
absent from the county in which he lives during the usual period provided 
for registration of voters, may be registered as herein provided. The secre¬ 
tary of state shall, on or before the seventh day of August, nineteen hundred 
and seventeen, furnish to the chairman of the county board of elections in 
each county a book for the registration of absent electors, which book shall 
contain separate columns for the name of elector, name of precinct in which 
elector resides, age, place of birth, race, and precinct in which elector last 
resided. It shall be the duty of the chairman of the board of elections in 
each county to register on said county registration book any qualified elector 
who presents himself for registration at any time other than the usual regis¬ 
tration period, and who expects to be absent from the voting precinct in 
which he resides during the usual registration period, if found to be other¬ 
wise entitled to registration, in the same manner as now provided by law 
for the registration of voters before the precinct registrar in the usual regis¬ 
tration period. The chairman of the county board of elections shall, immedi¬ 
ately after the appointment of a registrar or registrars for any election 
to be held in his county, either legalized primary or general election, either 
for the county or for any political subdivision thereof, certify to the respec¬ 
tive registrars in each of such precincts the names, age, and residence, place 
of birth, etc., of any electors registered on the said county registration book 
and thereby entitled to vote in such precinct; and it shall be the duty of the 


Election Law 


17 


legistrar in every such precinct to enter upon the regular registration book 
for such precinct the names of all such electors so certified to him by the 
chairman of the county board of elections, marking opposite the names of 
such electors the words “registered before chairman county board of elec¬ 
tions ; and electors so registered shall be entitled to vote in any election in 
such precinct in the same manner as if registered by the precinct registrar. 

1917, c. 23, s. 2. 

5962. Bliuik certificates and envelopes for absent electors. The state board 
of elections shall furnish to the county board of elections in each county, at 
the same time that tickets are furnished for any general or primary elections, 
certificates in blank, and return envelopes, to be used by absent electors. The 
said certificates to be in the form as follows: 


.P. 0.; .date. 

To the registrar and Judges of Election . Precinct: 

.,., do hereby certify that I am a duly qualified elector in , 

.. precinct, . county, North Carolina, and I inclose 

hereu'ith ballot or ballots which I wish to vote in the election to be held.19. . . . 

(Signed) . 

Witness: . 

The return envelopes to be printed in form as follows: Upper left-hand corner, 

“Name ., postoffice . Not to be opened till three 

p. m. on day of election. Address ., Registrar, . 

Precinct, .. . P. O., ..County, North Carolina.” 

The state board of elections shall also furnish to the county board of elections at the same 
time certificates in form as follows: 

. State. 

.Date. 

To the registrars and judges of election of . Precinct: 

I hereby cast my vote for each nominee of the.party to be voted for at the 

election to be held on (give date of election). 

Witness: . 

Said certificate shall be signed by the elector, and when signed and witnessed shall be 
counted as a vote for each of said nomines, subject to the right of challenge. 

1917, c. 23, s. 3; 1919, c. 322, s. 2. 

5963. Ballots to be mailed to absent voters. It shall be the duty of the 
chairman of the county board of elections to mail or send to any voter absent 
from the county, or who is physically unable to attend in person, on applica¬ 
tion for same, by such voter or any person for him, as soon as received from 
the state board of elections, one of each form of ballot applied for to be voted 
in such election, one blank certificate of the kind applied for and one return 
envelope. 

1917, c. 23, s. 4; 1919, c. 322, s. 3. 

596L Oi)eiiiiig votes of absent voters. It shall be the duty of the registrar 
in each precinct to open at three p. m. on the day of election all such letters 
received from such voters, and to count the certificates provided for in the 
second preceding section. 

1917, c. 23, s. 5; 1919, c. 322, s. 4. 

5965, Cliallenges. The right to vote of any such absent voter shall be sub¬ 
ject to challenge in the same manner as if the elector proposing to vote were 
present in person, and if found entitled to vote under the provisions of this 
article and the laws of the state, every such vote so received shall be de¬ 
posited and counted in the same manner as if the voter had been present and 
cast his vote in person. 

1917, c. 23, s. 5. 

5966, Absent voter may sign name on ballot; ballots and certificates to be 
kept. In voting by the method prescribed in this article the voter may, at his 
election, sign or cause to be signed, his name upon the ma rgin or back of his 
ballot or ballots, for the purpose of identificat ion.y The ballot or ballots so 
voted, together" with the accompanying certifidl^f^, shall be returned in a 

























18 


Election Law 


sealed envelope by the registrar and pollholders, with their certificates of the 
results of the election and kept for six months, or, in case of contest in the 
courts, until the results are finally determined. 

1919, c. 322, s. 4 (a). 

5967. Fees allowed in connection with absentee’s voting'. The following 
fees shall be allowed as compensation for services under this article: The 
chairman of the county board of elections, for registering voters on the county 
registration book, and certifying same to precinct registrars, twenty cents. 
The precinct registrars, for entering same on precinct registration book, the 
same fees allowed by law for registration of voters. The chairman of the 
county board of elections, for mailing form of certificate, ballots, and return 
envelope, including postage, five cents. The fees, including postage, shall be 
paid as provided in regard to the expenses of the election or primary. 

1917, c. 23, s. 6. 

5968. Coiistniction in favor of absentee’s right. All the provisions of this 
article, and all of the other election laws of this state, shall be liberally con¬ 
strued in favor of the right of the elector to vote. 

1917, c. 23, s. 7; 1919, c. 322, s. 5. 

Art. 9. Judges of Election 

5969. Appointment. The county board of elections for each county, on or 
before the first Monday in September, in the year of our Lord one thousand 
nine hundred and six, and biennially thereafter, or at such other times as it 
shall be necessary to do so, shall appoint two persons who shall act as judges 
of election at each place of holding elections in their respective districts, 
each of whom shall be men of good moral character and able to read and 
write. The chairman of each political party in each county shall have the 
right to recommend three electors, residing in the precinct, who shall be men 
of good moral character, and able to read and write, for judges of election in 
such precinct: Provided, that no person holding any office or place of trust 
or profit under the government of the United States or the state of North 
Carolina, except justices of the peace, shall be eligible to appointment. And 
the county board of elections shall appoint one judge of election out of each 
list so recommended: Provided, said lists shall be filed by such chairman by 
twelve o’clock m. on said first Monday in September. 

Rev., s. 4336; 1901, c. 89, s. 20. 

5970. Names published; vacancies filled; qualify before acting. The county 
board of elections shall, immediately after the appointment of judges of elec¬ 
tion as herein provided, publish the names of such judges so appointed, at the 
courthouse door of said county; and if any person appointed judge of election 
shall decline to serve and so notify the chairman of the county board of 
elections, said chairman shall have the right to appoint another qualified 
elector of such precinct, who shall be of the same political party, if possible, 
to serve as judge of election in his stead, and his name shall be published at 
the courthouse door, and notice of his appointment served upon him as above 
provided. If any person appointed judge of election shall fail to attend at 
the polls at the hour of opening the same, the registrar of the township, ward, 
or precinct shall appoint some suitable elector of the same political party as 
the judge failing to appear, if practicable, to act in his stead, who shall be 
by him sworn before acting; and if the registrar shall fail to appear, then 
the judges of election may appoint another to act as registrar, who shall be 
sworn before acting. 

Rev., s. 4337; 1901, c. 89, s. 20. 

5971. Duties of judges. The judges of election shall attend at the polling 
places for which they are severally appointed on the day of election, and they, 
together with the registrar for such township, ward, or precinct, who shall 
attend with the registration books, after being sworn by some justice of the 
peace or other person authorized to administer oaths, to conduct the election 


Election Law 


19 


fairly and impartially, according to the constitution and laws of the state, 
shall open the polls and superintend the same until the close of the election. 
They shall keep poll books, in which shall be entered the name of every 
person who shall vote, and at the close of the election the said registrar and 
judges of election shall certify the same over their proper signatures, or a 
majority of them, and deposit one copy thereof with the register of deeds and 
another with the chairman of the county board of elections for safe-keeping. 
And said poll books shall, in any trial for illegal or fraudulent voting, be 
evidence. 

Rev., s. 4338; 1901, c. 89, s. 20. 

Art. 10. Challenges 

5972. Registrar to attend polling places for challenges. It shall be the 
duty of the registrar to attend the polling place of his township or precinct 
with the registration books on Saturday preceding the election, from the hour 
of nine o’clock a. m. till the hour of three o’clock p. m., when and where the 
said books shall be open for the inspection of the electors of the precinct or 
township, and any of said electors shall be allowed to object to the name of 
any person appearing on said books. In case of any such objection, the 
registrar shall enter upon his books, opposite the name of the person so ob¬ 
jected to, the word “Challenged,” and shall appoint a time and place, before 
the election day, when he, together with said judges, shall hear and decide 
said objection, giving personal notice of such challenge to the voter so objected 
to; and if for any cause personal notice cannot be given, then it shall be 
sufficient notice to leave a copy thereof at his residence: Provided, nothing in 
this section shall prohibit any elector from challenging or objecting to the 
name of any person registered or offering to register at any time other than 
that above specified. If any person so challenged or objected to shall be 
found not duly qualified, the registrar shall erase his name from the books. 

Rev., s. 4339; 1901, c. 89, s. 19. 

5973. How challenges heard. When any person is challenged, the judges 
and registrar shall explain to him the qualifications of an elector, and shall, 
examine him as to his qualifications; and if the person insists that he is 
qualified and shall prove his identity with the person in whose name he offers 
to vote, and his continued residence in the precinct since his name was placed 
upon the registration list, as the case may be, by the testimony, under oath, 
of at least one elector, one of the judges or the registrar shall tender to him 
the following oath or affirmation: 

You do solemnly swear (or affirm) that you are a citizen of the United States; that you 
are twenty-one years old, and that you have resided in this state for two years, and in this 
county six months next preceding: this election, and that you are not disqualified from voting 
by the constitution and laws of this state; that your name is (here insert name given), and 
that in such name you were duly registered as a voter of this township; and that you are 
the identical person you represent yourself to be, and that you have not voted in this election 
at this or any other polling place. So help you, God. 

And if he refuses to take such oath, when tendered, his vote shall be re¬ 
jected* if, however, he does take the oath when tendered, his vote shall be 
received: Provided, that after such oath or affirmation shall have been taken, 
the registrar and judges may, nevertheless, refuse to permit such person to 
vote unless they be satisfied that he is a legal voter; and they are hereby 
authorized to administer the necessary oaths or affirmations to all witnesses 
brought before them to testify to the qualification of a person offering to vote. 
Whenever any person’s vote shall be received, after having taken the oath 
or affirmation prescribed in this section, the registrar or one of the judges 
shall write on the poll books, at the end of such person’s name, the word 
“Sworn.” The same powers as to the administration of oaths and affirmations 
and the examination of witnesses, as in this section granted to registrars and 
judges of election, may be exercised by the registrars in all cases where the 
names of persons registered or offering to register are objected to. 

Rev., s. 4340; .1901, c. 89, s. 22. 


20 


Election Law 


5974. Clialleiig’e as felon; answer not used on prosecution. If any person is 
challenged as being convicted of any crime which excludes him from the right 
of suffrage, he shall be required to answer any question in relation to such 
alleged conviction; but his answer to such questions shall not be used against 
him in any criminal prosecution. 

Rev., s. 3388; 1901, c. 89, s. 71. 

Art. 11. Conduct of Elections 

5975. Special elections. Every election held in pursuance of a writ from 
the governor shall be conducted in like manner as the regular biennial elec¬ 
tions, so far as the particular case can be governed by general rules, and shall, 
to all intents and purposes, be as legal and valid, and subject the officers hold¬ 
ing and the persons elected to the same penalties and liabilities as if the same 
had been held at the time and according to the rules and regulations pre¬ 
scribed for the regular biennial elections. 

Rev., s. 4341; 1901, c. 89, s. 75. 

5976. Opening and holding of polls. The polls shall be open on the day of 
election from sunrise until sunset on the same day, and no longer, and each 
elector whose name shall appear registered shall be entitled to vote, unless he 
is successfully challenged for good cause on the day of election. A space of 
not more than fifty feet in every direction from the polls or rooms in which 
the election is held may be kept open and clear of all persons except the 
judges, registrar, and election bailiffs herein provided for, which space may 
be roped off with a narrow passage leading to and from the polls, and each 
elector shall approach the polls from one direction through such passage, and 
after his ballot is deposited in the ballot box, with as little delay as possible 
he shall depart by the passage leading from the polls. Only one elector shall 
enter the said passage at a time, and after the elector has entered, no one 
except the registrar or judges of election shall be premitted to speak to him 
or make any signs to him, nor shall he be permitted to speak or to make any 
signs to any one except the registrar or judges of election until his ballot has 
been deposited in the box and he has passed out of the enclosure. The said 
roped space shall, at all times during the hours for balloting, be kept open 
and clear of all persons except the election officers as aforesaid, and it shall 
be the duty of the election bailiffs to keep such space so cleared and open: 
Provided, that nothing herein contained shall make it compulsory for the 
judges and registrar to rope off said space: Provided further, that when any 
person is challenged, one challenger for each political party shall be entitled 
to enter the space roped off during the hearing of such challenge, but they 
shall retire therefrom upon the challenge being decided. 

Rev., s. 4342; 1901, c. 89, s. 23. 

5977. Power of election officers to maintain order. The registrar and 
judges of election in each ward or precinct, the board of county canvassers of 
each county, and the board of state canvassers shall respectively possess full 
power and authority to maintain order, and to enforce obedience to their 
lawful commands during their sessions, respectively, and shall be constituted 
inferior courts for that purpose, and if any person shall refuse to obey the 
lawful commands of any such registrar or judges of election, or board of 
county canvassers, or board of state canvassers, or by disorderly conduct in 
their hearing or presence shall interrupt or disturb their poceedings, they 
may. by an order in writing, signed by their chairman, and attested by their 
clerk, commit the person so offending to the common jail of the county for 
a period not exceeding thirty days, and such order shall be executed by any 
sheriff or constable to whom the same shall be delivered, or if a sheriff or 
constable shall not be present, or shall refuse to act, by any other person who 
shall be deputed by such township or precinct board of elections, or board of 
county canvassers in writing, and the keeper of such jail shall receive the per¬ 
son so committed and safely keep him for such time as shall be mentioned in 
the commitment. 

Rev., s. 4376; 1901, c. 89, s. 72. 


Election Law 


21 


5978. Appointnieiit of bailiffs to maintain order at precincts. The registrar 
and judges of election may appoint one or more bailiffs for each precinct or 
ward to be present during the election to keep peace and protect the voting 
place, and to prevent improper intrusion upon the voting place, or interfering 
with the election, and to arrest all persons creating any disturbance about the 
voting place, and to enable all persons who have not voted and who desire to 
vote, to have unobstructed access to the polls for the purpose of voting when 
others are not voting, and to keep clear the open space hereinbefore provided 
at all times during the election. It shall be the duty of the election bailiffs 
to be present at the voting place, and to take such steps as will accomplish 
the object of their appointment, and they shall have full power to do so; and 
they may summon to their aid all persons present at the voting place, and 
may arrest offenders against this section, who shall have the privilege of 
giving bail. And for the purposes of carrying out the powers herein con¬ 
ferred upon them, the registrar and judges of election shall be and are hereby 
constituted conservators of the peace. Every person offending against this sec¬ 
tion shall be guilty of a misdemeanor, and upon conviction shall be fined or 
imprisoned at the discretion of the court. 

Rev., s. 4381; 1901, c. 89, s. 26. 


5979. Yoter may deposit his own ballot. The ballot may be deposited for 
the voter by the registrar, or one of the judges of election, or the voter may 
deposit it if he chooses. 

Rev., s. 4343; 1901, c. 89, s. 24. 

5980. Size of Ballots. The ballots shall be on white paper and may be 
printed or written, or partly written and partly printed, and shall'be without 
device. The state board of elections may, on or before the first Monday of 
September, one thousand nine hundred and six, and biennially thereafter, 
prescribe the size of ballots for state, judicial, and congressional officers, and 
the county board of elections may, on or before the first Monday of September, 
one thousand nine hundred and six, and biennially thereafter, prescribe the 
size of the ballot for county, legislative, and township offices. 

Rev., s. 4344; 1901, c. 89, s. 28. 


5981. Contents of ticket. The state officers, viz.: governor, lieutenant- 
governor, secretary of state, auditor, treasurer, superintendent of public in¬ 
struction, attorney-general, and other state officers not herein mentioned, the 
justices of the supreme court and the judges of the superior court and United 
States senators shall be voted for on one ballot; members of congress on one 
ballot; presidential electors on one ballot; solicitors, members of the general 
assembly, clerk of the superior court, treasurer, register of deeds, surveyor, 
coroner, sheriff, county commissioners, tax collector, and every other officer 
elected by the voters of the county, shall be voted for on one ballot. All 
officers elected by the voters of a township shall be voted for on one ballot. 

Rev., s. 4345; 1901, c. 89, s. 28; 1915, c. 121, s. 1. 

5982. Ballot boxes; description; bow provided. The county board of elec¬ 
tions or, upon their failure, the registrar and judges of election, shall provide 
in each election precinct in their respective counties, ballot boxes for each 
class of officers to be voted for in which to deposit the ballots for such officers, 
respectively. Each of said boxes shall have an opening through the lid of 
sufficient size to admit a single ballot, and no more. Each box shall be labeled 
in plain roman letters, designating whether congressional, state, county, or 
township box. The ballot boxes so furnished by the said county board of 
elections may be kept by the registrars after the election is over, if so ordered 
by said county board; otherwise they shall be returned to said board. The 
said registrar and judges of election, before the voting begins, shall carefully 
examine the ballot boxes and see that there is nothing in them, and thereupon 
they shall close and securely fasten the same, and no ballot box shall be 
opened until the time for voting is at an end. 

Rev., s. 4346; 1901, c. 89, s. 29. 


22 


Election Law 


5983. How TOtes counted. When the election shall be finished, the registrar 
and judges of election, in the presence of such of the electors a& may choose 
to attend, shall open the boxes and count the ballots, reading aloud the names 
of the persons who shall appear upon each ticket; and if there shall be two 
or more tickets rolled up together, or any ticket shall contain the names of 
more persons than such elector has a right to vote for, or shall have a device 
upon it; in either of these cases such tickets shall not be numbered in taking 
the ballots, but shall be void; and the said counting of votes shall be con¬ 
tinued without adjournment until completed and the result thereof declared. 
Any ballot found in the wrong box shall not be counted, unless the registrar 
and judges of election shall be satisfied that the same was placed there by 
mistake. 

Rev., s. 4347; 1901, c. 89, s. 30. 

Art. 12. County Board of Canvassers 

« 

5984. Appointment of members of board. The registrar and judges of elec¬ 
tion in each township, ward, or precinct shall appoint one of their number 
to attend the meeting of the board of county canvassers as a member thereof, 
and they shall deliver to the member who shall have been so appointed the 
original return or statement of the result of the election in such township, 
ward, or precinct, and the members of the several township, ward, or precinct 
boards of election, who shall have been so appointed, shall constitute the 
board of county canvassers for such county, and a majority shall constitute a 
quorum. 

Rev., s. 4348; 1901, c. 89, s. 31. 

5985. Meetings of board; election of chairman; oath of chairman and mem¬ 
bers. The board of county canvassers shall meet on the second day next 
after every election, at eleven o’clock a. m. of that day, at the courthouse of 
the county, and at that hour, without delay, the members of such board who 
shall then be present shall choose one of their number who shall be chairman, 
and shall choose one of their members as clerk of said board: Provided, the 
board of county canvassers of Hyde shall meet on the seventh day after the 
election. As soon as such chairman shall be appointed he shall administer to 
each of the other members, and each of the other members shall take an 
oath or affirmation in the following form: “You do swear (or affirm) that you 
will faithfully and impartially execute the duties of the board of canvassers 
according to law.” And thereupon one of the members of such board, ap¬ 
pointed for that purpose, shall administer to such chairman, and such chair-' 
man shall take oath or affirmation in the same form as that taken by the 
other members of the board. And before proceeding to canvass and estimate 
the votes in such county, the chairman of the board shall administer to the 
clerk thereof an oath or affirmation in the following form: “You do swear 
(or affirm) that you will faithfully execute the duties of clerk of this board 
according to law.” 

Rev., s. 4349; 1901, c. 89, s. 32; 1905, c. 222; P. L. 1911, c. 422. 

5986. To canvass returns and determine result. The board of county can¬ 
vassers at their said meeting, in the presence of such electors as choose to 
attend, shall open and canvass and judicially determine the returns, stating 
the number of legal ballots cast in each precinct for each officer, the name of 
each person voted for, and the number of votes given to each person for each 
different office, and shall sign the same. The said board shall have power 
and authority to judicially pass upon all facts relative to the election, and 
judicially determine and declare the result of the same. And they shall also 
have power and authority to send for papers and persons and examine the 
same. 

Rev., s. 4350; 1901, c. 89, s. 33. 


Election Law 


23 


5987. IVhat returns placed on same abstract. The abstract of votes for 
each of the following classes of officers shall be made on a different sheet: 

1. Governor and all state officers; justices of the supreme court; judges of 
the superior court; and United States senators. 

2. Senators and representatives of the general assembly. 

3. Solicitor. 

4. County officers. 

5. Township officers. 

6. Representative in the congress. 

Rev., s. 4351; 1901, c. 89, s. 34; 1915, c. 121, s. 1. 

5988. Duplicate abstract of votes for higher offices; preparation and dispo¬ 
sition. Two abstracts of all votes cast for state officers, representative in 
congress, for justices of the supreme court, for judges of the superior court, 
for solicitor, and for United States senators, shall be made and signed by the 
chairman of the board of county canvassers, one of which shall be delivered 
to the chairman of the county board of elections, one filed with the register 
of deeds, to he registered in his office, also two separate abstracts of all votes 
cast for state senators, when the senatorial districts consist of more than one 
county, one of which shall be filed with the register of deeds to be registered 
in his office, and the other furnished to the county board of elections or other 
returning officer. 

Rev., s. 4352; 1901, c. 89, s. 35; 1915, c. 121, s. 1. 

5989. Duplicate abstracts of county and township officers; preparation and 
disposition. Two abstracts of the votes cast for county and township officers 
and for members of the general assembly shall be made and signed by the 
chairman of the board of county canvassers, one of which shall be delivered 
to the chairman of the county board of elections, and one filed with- the 
register of deeds to be registered in his office. The register of deeds shall, 
within five days after such returns are filed in his office, certify under his 
official seal to the secretary of state, upon blanks furnished by him for that 
purpose, a list of the persons voted for as members of the senate and house 
of representatives and all county officers, together with the votes cast for 
each, and their postoffice addresses. 

Rev., s. 4353; 1901, c. 89, s. 36; 1909, c. 894, s. 2. 

5990. Filing of original returns; duplicate abstracts of vote for higher 
offices. When the canvass is concluded the board shall deliver the original 
returns to the clerk of the superior court to be filed in his office. The register 
of deeds shall also deliver by mail to the secretary of state and to the chair¬ 
man of the state board of elections, each, one duplicate of the abstract of the 
votes cast for governor, and all state officers, for justices of the supreme court, 
judges of the superior court, and solicitor and representative in congress, and 
for United States senators. 

Rev., s. 4354; 1901, c. 89, s. 37; 1915, c. 121, s. 1. 


5991. Who declared elected. The person having the greatest number of 
legal votes for any office is to be declared elected. But if two or more county 
candidates, having the greatest number of votes, shall have an equal number, 
the county board of elections shall determine which shall be elected. 

Rev., s. 4355; 1901, c. 89, s. 38. 

5992. Proclamation of result of election. When the board of county can¬ 
vassers shall have thus completed the comparison of the polls, they shall judi¬ 
cially determine the result of the election in their county for all persons 
voted for, and proclaim the same at the courthouse door, with the number of 
votes cast for each. 

Rev., 3 . 4356; 1901, c. 89, s. 39. 


24 


Election Law 


Art. 13. State Board of Canvassers 

5993. 4Vlio constitutes board. The governor and four members of the state 
board of elections, to be named and selected by said board, shall constitute the 
board of state canvassers, but no member thereof shall take part in canvass¬ 
ing the votes for any office for which he himself is a candidate. 

Rev., s. 4357; 1901, c. 89, s. 63. 

5994. Duty of board. The board of state canvassers shall open the ab¬ 
stracts transmitted to the secretary of state on the Thursday following the 
third Monday after each election held under the provisions of this chapter, 
and examine the returns, if they shall have been received from all of the 
counties, and, if not all received, they may adjourn not exceeding twenty 
days for the purpose of obtaining the returns from all of the counties, and 
when these are received, shall proceed with the canvass, which canvass shall 
be conducted publicly in the hall of the house of representatives. They shall 
make an abstract, stating the number of legal ballots cast for each candidate, 
the names of all persons voted for, for what office they respectively received 
the votes, and the number of votes each received, and stating whom they 
ascertain and judicially determine by the count to be elected to the office, 
which abstract shall be signed by the board of canvassers in their official 
capacity as state canvassers, and have the seal of the state affixed thereto: 
Provided, that in all cases of special elections ordered by the governor to fill 
vacancies in the representation of the state in the congress, the board of state 
canvassers may meet as soon as the secretary of state may notify the mem¬ 
bers of the board that the returns from all the counties entitled to vote in said 
special elections have been received by him; and it shall be the duty of the 
secretary of state to fix the days of meeting, which shall not be later than ten 
days after such elections, and it shall be the duty of all returning officers to 
make their returns promptly, so that the same may be received within the 
ten days. 

Rev., s. 4358; 1901, c. 89, s. 65. 

5995. Duty of board if abstracts not received. If the abstracts or returns 
from any county shall not be received at the office of the secretary of state, or 
by the board of state canvassers, or by the state board of elections, by the 
third Monday after the day of election, the secretary of state or the board of 
state canvassers is authorized to obtain from the register of deeds or the 
county board of elections, at the expense of such county, the original abstracts 
or returns, or if they have been forwarded, copies of them. 

Rev., s. 4359; 1901, c. 89, s. 64; 1917, c. 176, s. 1. 

5996. To estimate votes cast for executive officers. The board of state can¬ 
vassers shall estimate the votes cast for officers of the executive department 
from the abstracts forwarded to the secretary of state, and shall publish a 
statement of the result of such calculation. Wt this statement shall be for 
information of the public only, and shall not have the effect to determine what 
candidates have been elected to such offices. Their election shall be ascer¬ 
tained and declared according to section three, article three, of the consti¬ 
tution 

Rev., s. 4360; 1901, c. 89, s. 68. 

5997. To declare result; certificate of election issued. After the state 
board of canvassers shall have ascertained and declared the result of the elec¬ 
tions as hereinbefore provided, they shall cause the result to be certified to 
the secretary of state, who shall prepare a certificate for each person elected, 
and shall sign the same, which certificate he shall deliver to the person 
elected, when he shall demand the same. 

Rev., s. 4361; 1901, c. 89, s. 67. 

599S, Secretary of state to record abstracts. The secretary of state shall 
record the abstract or abstracts in a book to be kept by him for recording the 
result of elections and to be called The Election Book, and shall also file the 
abstract or abstracts. 

Rev., s. 4362; 1901, c. 89, s. 66. 


Election Law 


25 


Art. 14. State Officers, Senators, and Congressmen 

5990. How returns published and result declared; how tie broken. The 

speaker of the house of representatives, in the presence of a majority of the 
members of both houses of the general assembly, shall open and publish the 
returns for governor, lieutenant-governor, secretary of state, auditor, treas¬ 
urer, superintendent of public instruction and attorney-general, or other state 
officers, and United States senators, at twelve o’clock noon, on the first Tues¬ 
day after the organization of both houses of the general assembly. And if for 
any cause there be no returns from any county of the state, or if any return 
be defective, a proper return shall be had in such manner as the two houses 
in joint session may direct; and in either case the publication of the result 
may be postponed to such time as the joint session of the two houses 
may deem best. The person having the highest number of votes for each 
office, respectively, shall be declared duly elected thereto; but if two or more 
be equal and highest in votes for the same office, then one of them shall be 
chosen by joint ballot of both houses of the general assembly. Contested 
elections shall be determined by a joint vote of both houses of the general 
assembly in the same manner and under the same rules and regulations as 
prescribed in cases of contested election of members of the general asssmbly. 

Rev., s. 4363; 1901, c. 89, s. 44; 1915, c. 121, s. 1. 


(5000. How abstract of votes made. An abstract of the returns for state 
officers and United States senators shall be made by the clerks of the two 
houses of the general assembly, showing the number of ballots cast for each 
candidate, the names of all persons voted for, the offices for which they re¬ 
ceived such votes, and the number of votes cast for each person, and the per¬ 
sons ascertained by the canvass to be elected to the several offices, and said 
abstract shall be signed by the presiding officers of the two houses and deliv¬ 
ered to the secretary of state, who shall record it in the election book kept in 
his office, and then file it. Said abstract shall also be printed in the journals 
of the two houses and in the legislative documents. 

Rev., s. 4364; 1901, c. 89, s. 45; 1915, c. 121, s. 1. 


600,1. Regular elections for senators. United States senators to fill vacan¬ 
cies caused by the expirations of regular terms shall be elected by the people 
at the last regular election before each vacancy shall occur as now provided 
for state officers, and the tickets shall be furnished, blanks sent out and re¬ 
turns made as for state officers, and the returns canvassed and results declared 
in the same way. 

1913, c. 114, s. 3. 

6002. Election of senator to fill iinexpired term. If such vacancy shall occur 
more than thirty days before any general state election, the governor shall 
issue his writ for the election by the people, at the next general election, of a 
senator to fill the unexpired part of the term, and said election shall take 
effect from the date of the canvassing of the returns, which shall take place 
at the same time and in the same way as the canvassing of the returns for 
state officers. 

1913, c. 114, s. 2. 


f003 Governor to fill vacancies until general election. Whenever there 
shall be a vacancy in the office of United States, senator from this state caused 
by death, resignation, or otherwise than by expiration of a term, the governor 
shall appoint to fill the vacancy till there shall be an election. 

1913, c. 114, s. 1. 


6004 ronffressional districts specified. For the purpose of selecting repre¬ 
sentatives tfthecongr of the United States, the state of North Carolina 
shall be divided into ten districts, as follows: 

First District—Beaufort, Camden, Chowan, Currituck, Dare. Gates, Hert¬ 
ford Hyde, Martin, Pasquotank, Perquimans, Pitt, Tyrrell, and Washington, 


26 


Election Law 


Second District—Bertie, Edgecombe, Greene, Halifax, Lenoir, Northampton, 
Warren, and Wilson. 

Third District—Cartaret, Craven, Duplin, Jones, Onslow, Pamlico, Pender, 
Sampson, and Wayne. 

Fourth District—Chatham, Franklin, Johnston, Nash, Vance, and Wake. 

Fifth District—Alamance, Caswell, Durham, Forsyth, Granville, Guilford, 
Orange, Person, Rockingham, Stokes, and Surry. 

Sixth District—Bladen, Brunswick, Columbus, Cumberland, Harnett, New 
Hanover, and Robeson. 

Seventh District—^Anson, Davidson, Davie, Hoke, Lee, Montgomery, Moore, 
Randolph, Richmond, Scotland, Union, Wilkes, and Yadkin. 

Eighth District—Alexander, Alleghany, Ashe, Cabarrus, Caldwell, Iredell, 
Rowan, Stanly, and Watauga. 

Ninth District—Avery, Burke, Cleveland, Gaston, Lincoln, Madison, Meck¬ 
lenburg, Mitchell, Yancey, and Catawba. 

Tenth District—Buncombe, Cherokee, Clay, Graham, Haywood, Henderson, 
Jackson, McDowell, Macon, Polk, Rutherford, Swain, and Transylvania. 

Rev., s. 4366; 1911, c. 97. 

6005. When election for congressmen held. The election for United States 
senators whose terms will expire before the next general election and for 
members of congress shall be held on the Tuesday next after the first Monday 
in November, one thousand nine hundred and six, and biennially thereafter, 
unless congress shall prescribe a different time for the holding of such elec¬ 
tions, and shall be conducted by the officers provided for holding elections of 
members of the general assembly in this chapter and at the same place. 

Rev., s. 4367; 1901, c. 89, s. 59. 

600o. Election after reapportionmeiit of congressmen. Whenever, by a new 
apportionment of representatives among the several states, the number of 
representatives in the congress of the United States from North Carolina 
shall be either increased or decreased, and neither the congress nor the gen¬ 
eral assembly shall provide for the election of the same, then if the said 
representatives shall be increased, the increased number shall be elected by 
the qualified voters of the whole state, and shall be voted for on one ballot, 
and the representatives from the several congressional districts shall be 
elected by the voters of said districts, respectively, and shall each be voted for 
on another ballot; but if the number of said representatives shall be decreased 
as aforesaid, in that event all the representatives in congress shall be elected 
by the qualified voters of the whole state and shall be voted for on one ballot. 

Rev., s. 4368; 1901, c. 89, s. 58. 

6007. Special election for congressmen. If at any time after the expira¬ 
tion of any congress and before another election, or if at any time after an 
election, there shall be a vacancy in the representation in congress, the gov¬ 
ernor shall issue a writ of election, and by proclamation shall require the 
voters to meet in the different townships in their respective counties at such 
times as may be appointed therein, and at the places established by law, 
then and there to vote for a representative in congress to fill the vacancy; 
and the election shall be conducted in like manner as regular elections. 

Rev., s. 4369; 1901, c. 89, s. 60. 


60,08. Certificate of election for congressmen. Every person duly elected 
a representative to congress, upon obtaining a certificate of his election from 
the secretary of state, shall procure from the governor a commission, certify¬ 
ing his appointment as a representative of the state, which the governor shall 
issue on such certificate being produced. 

Rev., s. 4370; 1901, c. 89, s. 61. 


Election Law 


27 


Art. 15. Election of Presidential Electors 

6009. Conduct of election. The election of presidential electors shall be 
conducted and the returns made as nearly as may be directed in relation to 
the election of state officers, except as herein otherwise expressed. 

Rev., s. 4371; 1901, c. 89, s. 79. 

6010. Names of electors on one ballot. The names of the electors to be 
chosen shall be written or printed on each ballot, and each ballot shall con¬ 
tain the name of at least one inhabitant of each congressional district into 
which the state may be divided, and against the name of each person shall be 
designated the number of the congressional district to which he belongs. 

Rev., s. 4372; 1901, c. 89,. s. 78. 

6011. How returns made. The county board of canvassers shall meet in 
the courthouse of their respective counties as hereinbefore provided, and shall 
ascertain and determine, by faithful addition, the number of legal votes for 
every person who shall have been voted for as an elector within the county, 
and shall certify the same under their hands substantially in the manner and 
form following, to wit: 

We, the county canvassers for . county, do hereby certify that an 

election Avas held on the day and at the places fixed by law within said county, for 
electors of president and vice-president of the United States, and that the number of votes 
hereinafter specified opposite the names of the several persons following was given for such 
persons as electors for the state of North Carolina, of president and vice-president of the 
United States, namely: D. G. F. (here state the mimber of votes for D. G. F.), for J. M. L. 
(here state the number of votes for J. M. L., and so on, until the list of persons voted for 
and the number of votes shall be completed). 

Given under our hands, this.day of.. in the year A. D. 

Three fair copies of such certificate and return shall be made by the board 
of canvassers under their hands, and one of the same shall be immediately 
delivered to the chairman of the county board of elections of the county, 
whose duty it shall be to attend at the meeting of said canvassers, and who 
shall forthwith make proclamation and read the same through at the court¬ 
house door; and the said chairman of the county board of elections shall 
immediately thereafter seal up said copy in an envelope, and transmit the 
same by mail in a registered letter or otherwise, to the secretary of state at 
the capital in Raleigh, so that he shall receive the same within twelve days 
after the day of election; and one of said copies, together with the original 
precinct returns, shall be delivered to the clerk of the superior court, who 
shall record the said copy in The Election Book, and file the originals of 
said copy in his office. And one copy shall be delivered to the register of 
deeds, to be registered in his office. The clerk of the superior court shall 
immediately, after the same shall have been delivered to him, send a copy of 
the certificate of the board of county canvassers, sealed with the seal of his 
office, to the secretary of state at Raleigh, so that he may receive the same 
within twelve days after said election. And in case of failing to make such 
returns within the time herein prescribed, such chairman of the county board 
of elections, clerk, or other officer, whose duty it shall be so to do, shall forfeit 
and pay to the state the sum of five hundred dollars, to be recovered by the 
attorney-general, in the superior court for the county of Wake. 

Rev., s. 4373; 1901, c. 89, s. 80. 


6012. Declaration and proclamation of result. The secretary of state, upon 
the meeting of the board of state canvassers on the Thursday following the 
third Monday after each election, shall deliver said certificates to the board, 
whose duty it shall be to then attend, in the presence of such other persons 
as may choose to be present, in the hall of the house of representatives in the 
capitol, open the certificate and proceed to canvass the same, and ascertain 
and determine the result: Provided, that if the returns from any county shall 
not, by that time, have been received by the secretary of state from the chair¬ 
man of the county board of elections, or clerk of the superior court, or register 






28 


Election Law 


of deeds, then the board of state canvassers shall order and compel a duplicate 
return from the clerk of the superior court and the chairman of the county 
board of elections, or register of deeds, or both, in such manner as they may 
think best; and for that purpose they may adjourn from day to day, not to 
exceed twenty days. The board of state canvassers in canvassing said returns 
shall merely add up the returns, as certified by the county board of can¬ 
vassers, but it shall be their duty to disregard any such apparent clerical 
error or any such technical informality as may not render it reasonably un¬ 
certain who was the person intended to be designated as voted for, and what 
was the number of votes actually received by any candidate. At the, conclu¬ 
sion of the canvass, the board shall make an abstract of all votes cast, and 
shall deliver the same to the secretary of state, together with the original 
returns from the several counties, to be filed in his office. The secretary of 
state shall copy the said abstracts in The Election Book, directed in this 
chapter to be kept in his office, and shall, under his hand and seal of his 
office, certify to the governor the names of as many persons receiving the 
highest number of votes for electors of president and vice-president of the 
United States as the state may be entitled to in the electoral college. The 
governor shall thereupon immediately issue his proclamation and cause the 
same to be published in such daily newspapers as may be published in the 
city of Raleigh, wherein he shall set forth the names of the persons duly 
elected as electors, and warn each of them to attend at the capitol in the city 
of Raleigh at noon on the second Monday of January next after his election, 
at which time the said electors shall meet, and in case of the absence or in¬ 
eligibility of any elector chosen, or if the proper number of electors shall for 
any cause be deficient, those present shall forthwith elect from the citizens of 
the state so many persons as will supply the deficiency, and the persons so 
chosen shall be electors to vote for the president and vice-president of the 
United States. And the governor shall, on or before the second Monday of 
January, make out three lists of the names of the said persons so elected and 
appointed electors, and cause the same to be delivered to them, as directed by 
the act of congress. 

Rev., s. 4374; 1917, c. 176, s. 2; 1901, c. 89, s. 81. 

6013. reiialty for presidential elector failing to attend and vote. Each 
elector, with his own consent previously signified, failing to attend and vote 
for a president and vice-president of the United States, at the time and place 
herein directed (except in case of sickness or other unavoidable accident), 
shall forfeit and pay to the state five hundred dollars, to be recovered by the 
attorney-general in the superior court of Wake county. 

Rev., s. 4375; 1901, c. 89, s. 83. 

Art. 16. Miscellaneous Provisions as to General Elections 

6014. Agreements for rotation of candidates in senatorial districts of more 
than one county. When any senatorial district consists of two or more coun¬ 
ties, in one or more of which the manner of nominating candidates for legis¬ 
lative offices is regulated by statute, and the privilege of selecting the candi¬ 
date for senator, or any one of the candidates for senator, of any political 
party (as the words “political party” are defined in the first section of this 
subchapter) in the senatorial district, is, by agreement of the several execu¬ 
tive committees representing that political party in the counties constituting 
the district, conceded to one county therein, such candidate may be selected 
in the same manner as the party’s candidates for county offices in the county, 
whether in pursuance of statute or under the plan of organization of such 
party. All nominations of party candidates for the office of senator, made as 
hereinbefore provided, shall be duly certified, by the chairman and secretary 
of the executive committee of the party making the same, and for the county 
in which they are made, to the chairmen of the executive committees of such 
party in all other counties constituting the senatorial district, and no other 
action shall be deemed necessary to constitute such candidate the nominee of 
his party for such office. 

1911, c. 192. 


Election Law 


29 


()015. Judges and solicitors; commission; when term begins. Justices of 
liie supreme court, judges of the superior court, and solicitors shall be com¬ 
missioned by the governor, and their terms of oiRce shall begin on the first 
day of January next succeeding their election. An election for officers whose 
tel ms shall be about to expire, shall always be held at the general election 
next preceding the expiration of their terms of office. 

Rev., s. 4377; 1901, c. 89, s. 69. 

601G. Penalty for refusing copy of poll books. Any officer who shall refuse 
to permit any candidate, or person qualified to vote, at his owm expense, to 
have a copy of the poll books, shall forfeit and pay two hundred dollars, one- 
half to the person who shall sue for the same, and the other half to the use 
of the state. Such copy need not be given if the making interferes with the 
duty of the holder of the books. 

Rev., s. 4382; 1901, c. 89, s. 83. 

6017. Forms for returns sent to proper officers by secretary of state. The 

secretary of state shall cause proper forms of returns to be prepared and 
printed, and send copies thereof, with plain directions as to the manner of 
endorsing, directing, and transmitting the same to the seat of government, to 
all of the returning officers of the state, at least thirty days before the time 
for holding any election. He shall also furnish to the register of deeds of 
each county all such printed blanks as may be necessary for making the 
county returns. 

Rev., s. 4383; 1901, c. 89, s. 43. 


SUBCHAPTER II. PRIMARY ELECTIONS 
Art. 17. Primary Electioxs 

6018. Pate for holding primaries. On the first Saturday in June next pre¬ 
ceding each general election to be held in November for state officers, repre¬ 
sentatives in congress, district officers in districts composed of more than one 
county, and members of the general assembly of North Carolina or any such 
officers, there shall be held in the several election precincts within the terri¬ 
tory for w'hich such officers are to be elected a primary election for the 
purpose of nominating candidates of each and every political party in the 
state of North Carolina for such offices as hereinafter provided; and at such 
primary election next preceding the time for the election of a senator for this 
state in the congress of the United States there shall likewise be nominated 
the candidate of each political party in this state for such office of United 
States senator. 

1915, c. 101, s. 1; 1917, c. 218. 

6019. Candidates for president and riee-president selected. On the first 
Saturday in June of each year in which presidential electors are to be elected 
every person who may be entitled to register and vote in the general election 
to be held in the state of North Carolina for presidential electors may by party 
primary ballot express his choice for the nominees of his party respectively 
for president and for vice-president of the United States; and all delegates 
at large from the state of North Carolina to the national convention of such 
political party and the delegates from each congressional district shall be 
bound by the majority of the votes which may be cast for any such persons 
for the respective nominations, and, in the event that there is no majority 
vote, the plurality of such votes shall govern in each of the congressional 
districts and in the state at large, respectively, so expressed by the respective 
political party primaries in the state and in the respective congressional dis¬ 
tricts: Provided, that the state board of elections shall make such other and 
necessary rules and regulations for carrying out the provisions of this article 
as may be proper, such rules and regulations not to be in conflict with the 
letter and spirit of this article. 

1915, c. 101, s. 2; 1917, c. 218. 


0 


30 


Election Law 


6020. Primaries g-oyeriied by general election laws. Unless otherwise pro¬ 
vided in this article, such primary elections shall be conducted, as far as 
practicable, in all things and in all details in accordance with the general 
election laws of this state, and ail the provisions of this chapter and of other 
laws governing elections not inconsistent with this article shall apply as 
fully to such primary elections and the acts and things done thereunder as to 
general elections; and that all acts made criminal if committed in connection 
with a general election shall likewise be criminal, with the same punishment, 
when committed in a primary election held hereunder. 

1915, c. 101, s. 3; 1917, c. 218. 

6021. Appointment of election boards. On the tenth Saturday preceding 
each state or district primary election, the state board of elections shall meet 
in the city of Raleigh and appoint the county boards of elections for the 
several counties; and on the seventh Saturday preceding the time for holding 
each primary election the county board of elections for each of the several 
counties shall meet at the courthouses of their respective counties and or¬ 
ganize as provided by law; and shall appoint a registrar and judges of elec¬ 
tion for each election precinct as prescribed by law, and the registrars and 
judges so appointed shall likewise serve in the general election following 
their appointment, unless for good cause made to appear to the respective 
county boards of elections others shall be appointed by them: Provided, that 
such registrars and judges shall, before entering upon their duties, have the 
oath of office administered to them by some officer authorized to administer 
oaths. 

1915, c. 101, s. 4; 1917, c. 218; 1919, c. 139. 

6022. Notices and pledges to be filed by candidates. Every candidates for 
selection as the candidate of any political party for any office provided to be 
voted for in any primary election other than candidates for nomination for 
the state senate in districts composed of only one county, for the house of 
representatives or for the county offices hereinafter refererd to, shall file with 
the state board of elections, at east six weeks before such primary is to be 
held, a notice stating his party affiliation, the office for which he is a candi¬ 
date, and a pledge to abide by the result of and to support the party candi¬ 
date nominated in such primary by the political party with which he affiliates; 
and every candidate for selection as the candidate of any political party in 
the state of North Carolina for the state senate in a district composed of only 
one county, and for the house of representatives and the county offices herein¬ 
after referred to, shall file with the appropriate county board of elections, at 
least two weeks before such primary election is to be held, a like notice and 
pledge. 

1915, c. 101, s. 6; 1917, c. 218. 

6023. Fees of eaiididates. Candidates for the following named offices shall 
at the time of filing notices of candidacy, pay the following named sums to 
the state board of elections, to be paid into the state treasury: for any con¬ 
gressional office, except as hereinafter named, the sum of Mty dollars; for 
judge of the superior court, solicitor of any judicial district or any state 
officer, the sum of twenty dollars; and for state senator, the sum of five 
dollars. Candidates for any county office shall at the time of filing their 
notices of candidacy pay to the county board of elections of the county in 
which they reside, to be paid into the treasury of such county, the sum of 
five dollars; except candidates for surveyor, coroner, and county commis¬ 
sioners, who shall pay into the county treasury the sum of one dollar: Pro¬ 
vided, constables and township officers shall not be required to pay any fee 
whatever. 

1915, c. 101, s. 4; 1917, c. 218; 1919, c. 139. 


6024. Fees erroneously paid refunded. Where a candidate erroneously files 
a notice of candidacy, accompanied by the proper sum of money, with the 
state bom-d of elections, instead of with the local county board, and the 


Election Law 


31 


money is paid into the state treasury; or where a candidate files a notice, 
accompanied by the sum fixed by law with the state board, the money being 
paid into the state treasury, and afterwards, but before the time for filing 
such notices, as fixed by law, shall have expired, he wishes to withdraw his 
candidacy, then, in both these cases, the money may be refunded to the candi¬ 
date, upon certificate from the chairman of the state board of elections, that 
the facts exist which entitle him to such refunding. Upon such certificate, 
the auditor shall give his warrant upon the treasurer of the state, and the 
treasurer shall pay the same. 

1919, c. 50. 


6025. Statements of expenditures to be tiled by candidates. It shall be the 
duty of every person who shall be a candidate in any primary election for the 
nomination of any political party for a state or district office or for the state 
senate in a district composed of more than one county, to file under oath, ten 
days before such primary election, with the secretary of state, and of every 
candidate for nomination as a candidate for state senator in a district com¬ 
posed of only one county, and for the house of representatives, to so file with 
the clerk of the superior court of the county, in which he is such candidate, 
an itemized statement of all moneys spent by him and which he knows to have 
been spent by any one for him, as also to file under oath within twenty days 
after such primary, with the secretary of state or clerk of the superior court, 
as above provided, an itemized statement of all money or other things of 
value that he has spent and knows to have been spent by any one else in his 
behalf, and all money that has been contributed to him directly or indirectly 
by any person or corporation, and the names of the contributors; and further, 
that he has neither directly nor indirectly promised to give anything of value 
to any person for his support in such primary, and that he has not promised 
to support any person in return for support. And it shall be the duty of every 
candidate for selection as a candidate for a county office to file a like state¬ 
ment under oath with the clerk of the superior court of the appropriate county 
at the time hereinbefore prescribed for notice to be filed by the candidates for 
nomination for state and other offices; and failure to file any statement pre¬ 
scribed by this section shall constitute a misdemeanor: Provided, that with 
respect to the selection of a candidate for the state senate the provisions of 
section 6014 of this chapter shall applj^ except that such candidate shall be 
selected in a primary as authorized herein in the county entitled to name the 
candidate for that election, and where such candidate is named by one county 
the same provision as to notice and statement of moneys spent shall apply as 
if there were only one county in the district. 

1915, c. 191, s. 6V2; 1917, c. 218. 

6026. Payment of exi)eiises for primary elections. The expense of printing 
and distributing the poll books, blanks, tickets for all state and district offices, 
and the per diem and expenses of the state board of elections while engaged 
in the discharge of the duties imposed herein, shall be paid by the state; and 
the expense of printing and distributing the tickets for all county offices, in¬ 
cluding tickets for candidates for representative in the general assembly, and 
the per diem and expenses of the county board of elections and the registrars 
and judges of election while engaged in the discharge of the duties herein 
imposed, shall be paid by the counties, as is now provided by law to be paid 
for performing the duties imposed in connection with other elections. 

1915, c. 101 , s. 7; 1917, c. 218. 


6027. Registration of voters. The regular registration books shall be kept 
open before the primary election in the same manner and for the same time 
as is prescribed by law for general elections, and electors may be registered 
for both primary and general elections. At the first primary election held 
under the provisions of this article, new registration books shall be provided, 
in which on each page there shall be a column headed with the language, 
“With which political party are you affiliated?” and it shall be the duty of 
each registrar to transcribe the names of all formerly registered voters in his 


32 


Election Law 


precinct into sucli book for such compensation as the state board of elections 
shall indicate, to be paid by the county; and when such voter, whose name 
has been thus transcribed, appears for the first time to vote in a primary pro¬ 
vided for by this article, he shall answer the question stated above, and it 
shall be the duty of the registrar and judges of elections to write opposite the 
name of each voter in such primary his answer to such question; and as to all 
other persons not already registered who shall register to vote in a party 
primary, it shall be the duty of the registrar, when such person registers, to 
propound to him the same question and to have the same answered, and write 
the answer of such elector on such book in such column. 

No person shall be entitled to participate or vote in the primary election of 
any political party unless he be a legal voter, or shall become legally entitled 
to vote at the next general election, and has first declared and had recorded 
on the registration book that he affiliates with the political party in whose 
primary he proposes to vote and is in good faith a member thereof, meaning 
that he intends to affiliate with the political party in whose primary he pro¬ 
poses to vote and is in good faith a member thereof. 

1915, c. 101, s. 5; 1917, c. 218. 

6028. Notices filed by candidates to be certified; printing’ and distribution 
of ballots. When the time for filing notices by candidates for nomination 
shall have expired, the chairman of the state board of elections shall within 
three days thereafter certify the facts as to such notices as have been filed 
with it to the secretary of state; and at the same time he shall certify to the 
appropriate county boards of elections the facts as to such notices as have 
been filed with said state board of elections by candidates*for nomination for 
the state senate in districts composed of two or more counties; and said chair¬ 
man, acting under the direction of the state board of elections and under 
such rules and regulations as may be prescribed by it, shall, without delay, 
at the expense of the state, cause a sufficient number of official ballots to be 
printed for each political party having candidates to be voted for in the 
primary and distributed to the chairman of the county boards of elections in 
the several counties, upon which ballot shall appear the names of candidates 
who shall, under the provisions of this article, have filed notice of their can¬ 
didacy and otherwise complied with the requirements of this article, except 
candidates for offices, ballots for which are herein provided to be printed by 
the several county boards of elections, so that such ballots shall be received 
by the respective county boards of elections at least ten days before the date 
of holding such primaries. The expense of printing and distributing such 
official ballots shall be paid by the state treasurer out of funds not otherwise 
appropriated, upon the warrant of the chairman of the state board of elec¬ 
tions. Said ballots so printed by the state board of elections shall be for each 
of the several political parties in the state, as hereinafter defined and de¬ 
scribed, and the names of the respective parties and the candidates shall be 
printed on the ballots prepared for the respective parties with which the 
candidates affiliate, and upon the ballots the office for which each aspirant is 
a candidate shall be indicated. At least six days before the primary election 
the chairman of the county boards of elections shall distribute the official 
ballots to the several registrars in their respective counties, and take a receipt 
therefor, and the registrars shall have them at the several polling placs for 
the use of the electors at the time of holding the primary. Any election or 
other officer who shall accept appointment and who shall, without previously 
resigning, fail to perform in good faith the duties prescribed in this article, 
shall be guilty of a misdemeanor, and upon conviction shall be fined or im¬ 
prisoned, in the discretion of the court. 

1915, c. 101, s. 8; 1917, c. 218. 

6029. Only official ballots to be voted; contents and printing of ballots 
There shall be voted in primary elections only the official ballots furnished to 
the chairmen of the county boards of election and by them to the registrars; 
and if other ballots be voted in a party primary, they shall not be counted' 
There shall be as many kinds of official ballots as there are political parties* 


Ej.ection Law 


33 


members of which have filed notice of their candidacy for primary elections, 
and all ballots shall be printed on white paper in black ink and shall be of 
the same size and style of printing; and the name of the political party whose 
ballot it is shall be printed in bold-face type at the top of the ballot. 

1915, c. 101, s. 9; 1917, c. 218. 

C030, How choice indicated on ballot; how names of candidates placed 
thereon. Each elector wishing to participate in such primary election shall 
be permitted to vote for his choice for the nomination for president of the 
United States by name, to be inserted in the ballot arranged therefor, and to 
vote for his choice of candidates for the nomination for all other offices pro¬ 
vided for by and subject to the provisions of this article, including candidates 
for the United States senate, by making a cross-mark in the small square op¬ 
posite the names of the respective candidates for whom he elects to vote. It 
shall be the duty of the board of elections having in charge the duty of print¬ 
ing the ballots for primary elections to be held under the provisions of this 
article to so print the ballots that the names of the opposing candidates for 
any office shall, as far as practicable, alternate in position upon the ballot to 
the end that the name of each candidate shall occupy with reference to the 
name of every other candidate for the same office, first position, second posi¬ 
tion, and every other position, if any, upon an equal number of ballots, and 
distribute the said ballots when so printed, impartially and without discrimi¬ 
nation. 

1915, c. 101, s. 10; 1917, c. 218. 

(>081. How primary conducted; ballot boxes; voter’s rights; polling books; 
information given; observation allowed. There shall be provided for each 
election precinct at the expense of the respective counties three ballot boxes, 
labeled respectively, “National Primary Box,” “State Primary Box,” and 
“Legislative Primary Box,” for each political party; in the first whereof shall 
be deposited all ballots for president and vice-president of the United States 
and members of congress; in the second whereof shall be deposited all ballots 
for state and district offices other than senatorial districts; and in the third 
whereof shall be deposited all ballots for members of the general assembly. 

When an elector offers himself and expresses the desire to vote at a primary 
held under this article, he shall declare the political party* with which he 
affiliates and in whose primary he desires to vote, as hereinbefore provided, 
and he shall then be furnished by the registrar ballots, as desired by him, of 
the political party with which he affiliates, which he may vote, and he shall 
not in such primary be allowed to vote a ticket marked with the name of any 
political party of which he has not declared himself to be a member as herein 
defined; but any,one may at any time any elector proposes to vote challenge 
his rights to vote in the primary of any party upon the ground that he does 
not affiliate with such party or does not in good faith intend to support the 
candidates nominated in the primary of such party, and it shall be the duty of 
the registrar and judges of election upon such challenge to determine whether 
or not the elector has a right to vote in said primary: Provided, that he may 
vote for candidates for all or any of the offices printed on such ballot, as he 
shall elect and he shall be required to disclose the name of the political party 
printed thereon and no more. He may in the manner hereinbefore prescribed 
mark such names as he desires, and these and only these shall be counted as 
being voted for by him, and he shall have the right to so vote for only one 
candidate as his choice for each office. If he be a qualified elector and has 
elected to vote in the primary of a party of which he has declared himself 
to be a member, as provided herein, he may deposit his ballots in the proper 
ballot boxes or he may permit the registrar or a judge of election to so deposit 
them for h/m Any person who has become of the age of twenty-one years 
between the time when the books closed for registration and the day of the 
orimarv election and who is otherwise a qualified elector, and who desires to 
register and vote as a member of a political party, may do so in the manner 

herein provided. 


34 


Election Law 


At the time of voting, the name of the voter shall be entered on a primary 
polling book to be provided and kept for the purpose, under rules prescribed 
by the state board of elections, which said book shall be provided at the 
expense of the state for the first election held under this article and subse¬ 
quently at the expense of the several counties, and upon said book shall be 
entered, opposite the name of such voter and in proper column provided for 
the purpose, the name of the political party whose ticket he shall have voted, 
and said books shall be filed for safe-keeping, until the next election, in the 
clerk’s office of the county in which the ballots are so cast. 

It shall be the duty of the county board of elections and of the judges and 
registrar in each precinct to make all necessary arrangements by providing a 
proper number of places in each precinct whereby each voter shall have an 
opportunity, both at all primary and all general elections, to arrange his 
ballot in secret and without interference from any other person whatsoever; 
and it shall be the duty of the judges of election and registrars holding pri¬ 
mary and general elections to give any voter any information he may desire 
in regard to the kind of ballot which he may be entitled to vote and the names 
of the candidates thereon, and, in response to questions asked by him, they 
shall communicate to him any information which he may desire in regard to 
the kind of ballot which he may be entitled to vote and the names of the candi¬ 
dates thereon, and, in response to questions asked by him, they shall communi¬ 
cate to him any information necessary to enable him to mark his ballot as 
he desires. 

At the written request of the chairman of any political party of any county, 
the judges and registrar of any precinct shall designate the name of some 
elector in each precinct, if there be such elector who affiliates with such 
political party, who shall be furnished the opportunity to observe the method 
of holding such primary election; but such elector shall in no manner inter¬ 
fere with the method of holding such election or interfere or communicate 
with or observe any voter in casting his ballot, but shall make such observa¬ 
tion and notes of the manner of holding such election and the counting of the 
ballots as he may desire: Provided, nothing herein contained shall be con¬ 
strued to prevent any elector from casting at the general election a free and 
untrammeled ballot for the candidate or candidates of his choice. 

1915, c. 101, s. 11; 1917, c. 218. 

6032. Counting ballots aiul certifying results. When the polls have been 
closed, the primary ballot boxes shall be opened in the presence of the regis¬ 
trars and both judges of election at the several precincts and such electors as 
may desire to be present: Provided, the registrars and judges may fix such 
space as they may consider reasonable and necessary to enable them to count 
the ballots. The ballots of each of the several parties in the boxes in each 
precinct shall be counted and bound in separate packages, and the result shall 
be certified to the proper county board of elections and by them to the state 
board of elections upon blanks to be provided by the state board of elections 
at the expense of the state within the time and, as near as may be, in the 
manner provided for the certification of the result of general elections. 

1915, c. 101, s. 12; 1917, c. 218. 

6033. Names of candidates successful at primaries printed on official ballot; 
where only one candidate. Only those who have filed notice of their candi¬ 
dacy and who shall have complied with the requirements of law applicable 
to candidates before primaries with respect to such primary elections shall 
have their names printed on the official ballot of their respective political 
parties. In all cases where only one aspirant for nomination for a particular 
political office to be voted for by his political party on the state or district 
ballot or for the state senate in districts composed of two or more counties 
shall have filed such notice, the board of elections of the state shall, upon the 
expiration of the time for filing such notices, declare him the nominee of his 
party, and his name shall not therefore be placed on the primary ballot, but 
shall be placed on the ballot to be voted at the general election as his party’s 
candidate for such office. 

1915, c. 101, s. 13; 1917, c. 218. 


35 


Election Law 

6034. Priiiiarifs for county offices; candidates to comply with require men Is. 

At the time of holding primary elections for state officers, as hereinbefore 
provided, there shall likewise be held primary elections for the nomination of 
the candidates of the several political parties in the state for county offices; 
and no one shall be voted for in such primary elections for the nomination 
of candidates for countj'^ offices unless he shall have filed a notice with the 
appropriate county board of elections and shall have taken the pledge required 
of canaidates filing notice with the state board of elections, as hereinbefore 
provided, and shaii aave ocherwise complied with the requirements applicable 
to such candidates for nomination for state offices, except in so far as such 
requirements are modified by the provisions of this article with reference to 
candidates for primary nominations for county offices. 

1915, c. 101, s. 14; 1917, c. 218. 

6035. Friiiuiries for county offices; notices of candidacy and official ballots. 

The state board of elections, prior to the time fixed by law for the appoint¬ 
ment of registrars and judges of primary elections, shall prescribe, print, and 
furnish to the several county boards of elections a sufficient number of notices 
to be filed by candidates desiring to be voted for for nomination for county 
offices, which said notices shall be substantially the same in form as those 
required to be filed by candidates for primary nomination for state offices as 
hereinbefore provided; and the several county boards of elections shall have 
printed and shall provide official ballots for county offices similar in form and 
otherwise to the ballots hereinbefore provided for for state officers, and shall 
distribute the same to the several precincts in the manner and at the time 
hereinbefore prescribed in the case of state offices. 

1915, c. 101, s. 15; 1917, c. 218. 

6036. rriniaries for county offices; votiug and returns. In primary elec¬ 
tions for the selection of candidates for county offices the voting shall be done 
in the manner hereinbefore prescribed for primary elections for state offices, 
and all of the provisions herein contained governing primary elections for 
state offices shall apply with equal force to primary elections for county offices 
when not inconsistent with other provisions herein with reference to such 
primary elections for county officers; and the returns in such primary elec¬ 
tions for county officers shall be certified to the appropriate county board of 
elections, which shall declare and publish the results. 

1915, c. 101, s. 16; 1917, c. 218. 

6037. Ballots for general assembly and county officers. The several county 
boards of elections shall prepare, print, and distribute the ballots for candi¬ 
dates for nomination as members of the general assembly, and on the same 
ballot of each party shall be printed the names of the candidates for nomina¬ 
tion for the several county offices, and such ballots shall be distributed to the 
several registrars and judges of elections at the same time that the ballots for 
state officers are required to be distributed under the provisions of this 
article; and county boards of elections shall take receipts therefor, and the 
several registrars shall have such ballots at their respective polling places for 
the use of the electors at the time of holding the primary. 

1915, c. 101, s. 17; 1917, c. 218. 

6038. Boxes for coj’iity officers; how labeled. All ballots for nominations 
for county officers shall be deposited in the box labeled “Legislative Primary 
Box” hereinbefore provided for, which box, in addition to bearing the label 
“Legislative Primary Box,” shall also immediately thereunder be labeled 
“County Primary Box.” 

1915, c. 101, s. 18; 1917, c. 218. 

6030. Sole candidate declared iioininee. In all cases where only one 
aspirant for nomination by the party with which he affiliates for the state 
senate in districts composed of only one county oi foi the house of repi esenta- 
tives of the general assembly or for a county office shall have filed the notice 


36 


Election Law 


of candidacy in this article required, the county board of elections shall, upon 
the expiration of the time fixed for filing such notice, declare him the nominee 
of his party, and his name shall therefore not be placed on the primary ballot, 
but shall be placed upon the ballot to be voted at the general election as his 
party’s candidate for such office. 

1915, c. 101, s. 19; 1917, c. 218. 

6040. Primaries for township and precinct officers. The several county 
boards of elections are hereby given authority to provide for holding in their 
respective counties primary elections for the choice of candidates for the 
nominations for township and precinct offices and to prescribe and fix the 
rules and regulations under which the same shall be held; and the expenses 
thereof shall be paid by the several counties. 

1915, c. 101, s. 20; 1917, c. 218. 

6041. Ketnrns of precinct primaries; preservation of ballots. The registrar 
and judges of election at each precinct in the state of North Carolina shall 
certify upon blanks prepared and printed by the state board of elections and 
distributed through the county board of elections to the election officers of 
each of the several precincts the result of the primary election of each pre¬ 
cinct; and there shall be made by the judges of election and registrar at each 
precinct two copies of their returns, one copy of which shall be filed by them 
with the clerk of the court of their county for public inspection, and one shall 
be filed with the county board of elections to be kept on file by it; and it shall 
be the duty of the judges and registrars to preserve and keep for four months 
after each election the original ballots cast at such election, which ballots, after 
being counted, shall be placed in bundles, a separate and distinct bundle to 
be made of the ballots of each and every political party cast in each of the 
boxes, and each box in which ballots were cast shall be carefully sealed up 
before the election officers shall separate, so that nothing put in may be taken 
from them, and the signatures of the registrar and judges of each precinct 
shall be inscribed at the same time on a seal placed on each box of the pre¬ 
cinct, and no box shall be opened except upon the written order of the county 
board of elections or a proper order of court. The state board of elections, in 
preparing the printed form for returns to be made by the judges and regis¬ 
trars of the several precincts to the county boards of elections, and in prepar¬ 
ing the forms for the returns to be made by the county boards of elections to 
the state board of elections of the result of primary elections, shall prepare 
them in such form as will show the number of votes cast for each candidate 
for nomination for office. 

1915, c. 101, s. 21; 1917, c. 179, s. 1; 1917, c. 218. 

6042. County board tabulates results of primaries; returns in duplicate. 

The county boards of elections of the several counties shall tabulate the re¬ 
turns made by the judges and. registrars of the several precincts in their re¬ 
spective counties with reference to candidates before the primaries, so as to 
show the total number of votes cast for each candidate of each political party 
for each office, and, when thus compiled on blanks to be prepared and fur¬ 
nished by the state board of elections for the purpose, these returns, in the 
case of officers other than the state senate in districts composed of only one 
county, the house of representatives and county offices, shall be made out for 
each county in duplicate, and one copy shall be forwarded to the state board 
of elections and one copy shall be filed with the clerk of the superior court 

of the county from which such returns are made; in the case of member of 

the state senate in district composed of only one county, member of the house 
of representatives and county officers, such returns shall be made out in 

duplicate, and one copy thereof filed with the clerk of the superior court and 

one copy retained by the county board of elections, which shall forthwith, as 
to such last mentioned offices, publish and declare the results. 

1915, c. 101, s. 21 1 / 2 ; 1917, c. 218. 


Election Law 


37 


6043. State board tabulates returns and declares nominees. The state 
board of elections shall compile and tabulate the returns for each candidate 
for each office for each political party voted for in the primary except in cases 
in which it is in this article provided that the result shall be declared by the 
several county boards of election, and if a majority of the entire votes cast for 
all the candidates of any political party for a particular office shall be for one 
candidate, he shall be declared by the state board of elections the nominee of 
his political party for such office. 

1915, c. 101, s. 22; 1917, c. 218, 

6044. Keturns of election boards to be under oath. The chairman or secre¬ 
tary of each of the county boards of elections and the chairman or secretary 
of the state board of elections shall file with all returns and declarations of 
results of election required by law to be filed by such boards an affidavit that 
the same are true and correct according to the returns made to them; and 
a judge of election or registrar shall accompany the precinct returns as to re¬ 
sults of primary elections with an affidavit that the same are true and correct, 
according to the votes cast and correctly counted by them. 

1915, c. 101, s. 23; 1917, c. 218. 

6045. IVlien results determined by plurality or majority; second primaries. 

Nominations for president and vice-president of the United States in the sev¬ 
eral congressional districts shall be determined by a plurality of the votes cast, 
and in the case of all other officers mentioned in this act nominations shall be 
determined by a majority of the votes cast. 

If in the case of an office other than the offices of president and vice-presi¬ 
dent no aspirant shall receive a majority of the votes cast, a second primary, 
subject to the conditions hereinafter set out, shall be held in which only the 
two aspirants who shall have received the highest and next highest number of 
votes shall be voted for: Provided, that if either of such two shall withdraw 
and decline to run and shall file notice to the effect with the appropriate 
board of elections, such board shall declare the other aspirant nominated: 
Provided further, that unless the aspirant receiving the second highest num¬ 
ber of votes shall, within five days after the result of such primary election 
shall have been officially declared, and such aspirant has been notified by the 
appropriate board of elections, file in writing with the appropriate board of 
elections a request that a second primary be called and held, the aspirant 
receiving the highest nupiber of votes cast shall be declared nominated by 
such appropriate board. 

If a second primary be ordered by the state or a county board of elections, 
it shall be held four weeks after the first primary, in which case such second 
primary shall be held under the same laws, rules, and regulations as are pro¬ 
vided for the first primary, except that there shall be no further registration 
of voters other than such as may have become legally qualified after the first 
primary election, and such persons may register on the day of the second 
primary, and shall be entitled to vote therein under the provisions of this 
article. 

1915, c. 101, s. 24; 1917, c. 179, s. 2; 1917, c. 218. 

6046. Attorney-general to aid boards by advice and as to forms. In the 
preparation and distribution of ballots, poll books, forms of returns to be 
made by registrars and judges, and forms of the returns to be made by the 
county boards of elections to the state board of elections and to be made by 
the state board of elections, and all other forms to be prepared by attorney- 
general of the state of North Carolina, and it shall be the duty of the state 
board of elections to call to its aid the attorney-general of the state of North 
Carolina, and it shall be the duty of the attorney-general to advise and aid in 
the preparation of all such ballots, books, and forms. 

1915, c. 101, s. 25; 1917, c. 218. 

6047. Returns, canvasses, and otlier acts governed by general election law. 

The returns to be made by the registrars and judges as to the results of 
primary elections, and the canvassing by the county boards of elections of 


ELECTioisr Law 


o6 


such results and declarations of such results, aixu th-^ reports to be made by 
the county board of elections to the state board of elections and other 
acts and things to be done in ascertaining and declaring the results of pri¬ 
mary elections, unless otherwise provided herein, shall be done within the 
time before or after the primary election, and, as near as may be, under the 
circumstances prescribed for like acts and things done with reference to a 
general election, unless such acts and things prescribed to be done within 
certain times under the general election law shall, with respect to primary 
elections, be changed by general rules promulgated by the state board of 
elections for what may seem to them a good cause. 

1915, c. 101, s. 26; 1917, c. 218. 

6048. Election board may refer to ballot boxes to resolve doubts. When, on 
account of errors in tabulating returns and filling out blanks, the result of 
an election in any one or more precincts cannot be accurately known, the 
county board of elections and the state board of elections shall be allowed 
access to the ballot boxes in such precincts to make a recount and declare the 
results which shall be done under such rules as the state board of elections 
shall establish to protect the integrity of the election and the rights of the 
voters. 

1915, c. 101, s. 27; 1917, c. 218. 

6049. Official ballots for general election of state and district officers; 
preparation and distribution. It shall be the duty of the state board of elec¬ 
tions, in the preparation of ballots for the general election, to prepare one 
official ballot for each political party for all state and district officers and 
distribute such ballots to the several county boards of elections in such time 
that they will be received at least ten days before the date of the general 
election, whereupon the several county boards of elections shall distribute 
such ballots to the several registrars and judges of election in their respective 
counties, so that they will be received at least three days before the date of 
the general election; and on the ballot of each political party which shall 
have nominated candidates in the primary shall be printed the name of such 
party, and under the names of the respective political parties shall appear 
the offices to be filled by the election and the names of the nominees of each 
political party for such offices respectively; the expense whereof shall be paid 
by the state treasurer out of funds not otherwise appropriated, upon warrant 
of the chairman of the state board of elections. 

1915, c. 101, s. 28; 1917, c. 218. 

60i0. Official ballots for general election of county officers; preparation and 
(listribntion. It shall be the duty of the several county boards of elections, 
tions, in the preparation of ballots for the general election, to prepare one 
official ballot for each political party for members of the general assembly 
and county offices, and distribute such ballots to the several registrars and 
judges of election of their respective counties in such time that they will be 
received by such registrars and judges of election at least three days before 
the date of the general election; and on the ballot of each political party 
which shall have nominated candidates in the primary shall be printed the 
name of such party; and under the names of the respective political parties 
shall appear the offices to be filled by the election and the names of the 
nominees; the expense whereof shall be paid by the several counties upon the 
warrant of the chairmen of the several county boards of elections. 

1915, c. 101, s. 29; 1917, c. 218. 

6051, Names on official ballot; nonpartisan candidates added on petition. 

No name other than the name of the person chosen in the primary shall be 
printed as a candidate of any political party for any office; but upon the peti¬ 
tion of any elector, if filed within the time allowed by law for declaring the 
result of primary elections, when such petitioner is qualified by law to hold 
a. particular office, that his name be placed on the official ballot for the general 
election as a nonpartisan candidate for such office, said petition to contain a 
statement under oath that the person so applying does not affiliate with any 


Election Law 


39 


political party, it shall be the duty of the state board of elections to print the 
name of such person as a nonparisan candidate for office: Provided, that in 
addition to said petition there shall be filed with the state board of elections 
and within the same time a petition duly signed by ten per cent of those 
entitled to vote for the candidate for such office, according to the vote cast in 
the last gubei;natorial election in the political division in which such candi¬ 
date may be voted for. The state board of elections shall prescribe general 
rules whereby it may be advised as to the authenticity and genuineness of the 
signatures of such petitioning persons. 

1915, c. 101, s. 30; 1917, c. 218. 

6052. Political party defined. The term political party as herein used shall 
include all political parties having candidates who were voted for for state 
offices at the general election in nineteen hundred and fourteen, and, in addi¬ 
tion, any political party which may be declared to be such by a declaration 
signed by ten thousand legal voters and filed with the state board of elections 
thirty days before the time fixed for candidates for state offices to file notices 
with said board of their candidacy. 

1915, c. 101, s. 31; 1917, c. 218. 

Note. —For definition of political party under the general election law, see this chapter, 
s. 5913. 

6053. Filling vacancies occurring after primarj. In the event that any 
person nominated in any primary election as the candidate of a political party 
for a state office shall die, resign, or for any reason become ineligible or dis¬ 
qualified between the date of such primary election and ensuing general elec¬ 
tion, the vacancy caused thereby may be filled by the* action of the state 
executive committee of such political party; in the event of such vacancy in 
the case of a district office, the same may be filled by the action of the execu¬ 
tive committee for such district of such political party; and in the event of 
such vacancy in the case of a county office, or the house of representatives or 
the state senate in a district composed of only one county, the same may be 
filled by the action of the executive committee of the party affected thereby 
in the county wherein such vacancy occurs: Provided, that should a vacancy 
occur in any office after the primary has been held, a nomination shall be 
made in like manner as above provided, and the name of the person so nomi¬ 
nated shall be placed on the official ballot. 

1915. c. 101, s. 33; 1917, c. 179, s. 3; 1917, c. 218. 

6054. Certain counties excepted. This article shall not apply to nominations 
for candidates for county offices and members of the house of representatives 
in the following counties providing for a primary with respect to said county 
officers and members of the house of representatives, to wit: Alamance, Alex¬ 
ander, Alleghany, Ashe, Brunswick, Burke, Cabarrus, Caldwell, Catawba, 
Cherokee, Clay, Dare, Davidson, Davie, Duplin, Edgecombe, Gaston, Graham, 
Halifax, Hyde, Johnston, Lee, Macon, Martin, McDowell, Mitchell, Montgom¬ 
ery, New Hanover, Northampton, Pender, Polk, Sampson, Stanly, Surry, 
Transylvania, Tyrrell, Union, Watauga, Wilkes: Provided, that in any county 
whose county offices are hereby exempted, if voters in number as great as 
one-fifth of the toatl vote cast for governor in such county at the preceding 
gubernatorial election shall petition the board of county commissioners of 
such county for an election thereon, it shall be the duty of the said board to 
order an election at the next succeeding general election upon the method 
of nominating county officers and member or members of the house of repre¬ 
sentatives. At such election those favoring the nomination of county and 
legislative officers by primary shall cast ballots on which is written or 
printed “For County Primary”; those opposed shall cast ballots bearing the 
words “Against County Primary.” If a majority of the votes cast in such 
election shall be “For County Primary,” then the provisions of this act shall 
thereafter apply to such county, and it shall be no longer exempted. Other¬ 
wise, such exception shall remain in force. 

1915 c 101 s 34; 1915, c. 102; 1917, cc. 53, 86, 88, 89, 90, 91, 92, 112, 137, 222, 225, 
218; p! L. 1917 ,‘cc. 312, 327, 351, 373; 1919, cc. 41, 81, 95, 173, 278, 283, 337. 


40 


Election Law 


60,>5. Certain local acts repealed. All laws and clauses of laws relating to 
primary elections in Wake county in conflict with this article be and the 
same are hereby repealed. All local laws regulating primaries as to county 
or legislative officers in those counties not excepted in the preceding section 
from the provisions of this article are hereby repealed. 

1915, c. 101, s. 341 / 2 ; 1917, c. 218. • 


OFFENSES AGAINST THE ELECTIVE FRANCHISE 
Art. 5. Corrupt Practices at Elections 

4185. Certain acts declared misdemeanors. Any person who shall in con¬ 
nection with any primary, special, general or other election in this state, do 
any of the acts and things declared in this section to be unlawful, shall be 
guilty of a misdemeanor and, upon conviction, shall be fined or imprisoned, or 
both, in the discretion of the court. It shall be unlawful— 

]. To fcnl as election officer to perform duties. For any person to fail as an 
officer or as a judge or registrar of election, or as a member of any election or 
canvassing board, to prepare the books, tickets and return blanks which it is 
his duty under the law to prepare, or to distribute the same as required by 
law, or to make the returns, or to perform any other duty within the time and 
in the manner required by law. 

Rev., s. 3396; 1901, c. 89, s. 46; 1913, c. 164, s. 1. 

2. To act as election officer after removal. For any person to continue, or 
attempt, to act as a judge or registrar of election, or as a member of any 
election board, after having been legally removed from such position, and 
after having been given notice of such removal. 

Rev., s. 3399; 1901, c. 89, s. 10; 1913, c. 164, s. 1. 

3. To interfere with elections and the duties of election officers. For any 
person to break up, or by force or violence to stay or interfere with, the hold¬ 
ing of any election, to interfere with the possession of any ballot box, election 
book, ticket or return sheet by those entitled to the possession of the same 
under the law, or to interfere in any manner with the performance of any 
duty imposed by law upon any election officer or member of any election or 
canvassing board. 

Rev., s. 3385; 1901, c. 89, s. 51; 1913, c. 164, s. 1. 

4 . To disturb election officers in the performance of their duties. For 
any person to be guilty of boisterous conduct so as to disturb any member of 
any election or canvassing board, or any judge or registrar of elections, in the 
performance of his duties as imposed by law. 

Rev., s. 3385; 1901, c. 89, s. 51; 1913, c. 164, s. 1. 

5. To het on elections. For any person to bet or wager any money or other 
thing of value on any election. 

Rev., s. 3384; 1901, c. 89, s. 55; 1913, c. 164, s. 1. 

6. To intimidate or oppress voters. For any person to directly or indirectly 
discharge or threaten to discharge from employment or otherwise intimidate 
or oppress any legally qualified voter on account of any vote such voter may 
cast, or consider casting, or intend to cast or not to cast, or which he may 
have failed to cast. 

Rev., s. 3387; 1901, c. 89, s. 53; 1913, c. 164, s. 1. 

• 7. To make contributions toivard campaigns without properly reporting 
same. For any person to spend or contribute directly or indirectly any money 
or other thing of value to aid in the campaign or election of any candidate 
for any office in a primary or in a general election, unless the same be reported 



Election Law 


41 


immediately to such candidate, to the end that it may be included by him in 
the lepoits required of him by law, or unless such contribution be reported to 
the campaign committee of such candidate within the meaning of “campaign 
committee as herein defined. The term “campaign committee,” as used in 
this subsection shall embrace only such committees as are designated by can¬ 
didates for office before primary elections and reported to the secretary of 
state at least thirty days before any such primary election by those who are 
candidates for any office embracing a greater territory than a county, and 
reported to the clerk of the superior court in the county of the candidate at 
least thirty days prior to the primary election by those who are candidates for 
any office to be voted for only by the electors in a particular county or sub¬ 
division thereof. It shall be the duty of each candidate to receive from such 
campaign committee, and of each campaign committee of each candidate to 
give to the candidate appointing such committee, all the information they 
may have, and for such campaign committee and candidate to embrace such 
information in the reports required of them by law, and it shall be unlawful 
for the candidate and the members of his campaign committee to fail to do so. 

1913, c. 164, s. 1. 

8. To fail before- primary eleetions to report campaign receipts and disburse¬ 
ments. For any person who is a candidate or member of the campaign com¬ 
mittee to fail to report under oath, within the time required by law for the 
report from such candidate, the amount of money received in connection with 
or in aid of his campaign, the sources thereof, and for what purposes it has 
been applied. The report to be made by the campaign committee of any 
candidate before the primary shall be made in duplicate, one copy thereof to 
be filed with the candidate and one copy to be filed with the officer to whom 
such candidate is required to report, and shall be made within the time re¬ 
quired for a report from such candidate. 

1913, c. 164, s. 1. 

9. To expend more than a certain cum for campaign purposes before pri- • 
mary elections. For any persons who is a candidate for any political office 
before a primary to expend or knowingly assent to or permit the expenditure 
of more than fifty per cent of what the annual salary of such person will be if 
elected to the office for which he is a candidate, except that a candidate for 
governor and a candidate for the United States senate may spend or allow 
others to spend a total amount, which shall not be greater than the annual 
salary would be if the candidate were elected to such office, and such candi¬ 
date may lawfully pay in addition his transportation expenses and board and 
lodging bills while campaigning for such office. 

1913, c. 164, s. 1. 

10. To fail before general elections to report campaign receipts and dis¬ 
bursements. For any person who is a member of any executive, managing or 
other committee of any political party for any county or subdivision of any 
county in the state, to fail to report to the clerk of the court of such county, 
not more than fifteen nor less than ten days before any general election, the 
amount of money received by such committee for campaign purposes, and 
within twenty days after the election to make a similar report of money 
received and from whom, and the purposes for which it was used such re¬ 
port to be made under oath by the secretary or chairman of the committee, 
who has full knowledge of all the details of the committee’s affairs; or for 
any chairman or secretary of such committee of a political party having a 
territory embracing more than one county to fail to make, within the time 
required by law, similar reports to the secretary of state. 

1913, c. 164, s. 1. 

11. To publish unsigned derogato7'y charges concealing candidates. For 
any person to publish in any newspaper or pamphlet, or otherwise, any charge 
derogatory to any candidate, or calculated to affect the candidate’s chances of 
election to office, unless such publication be signed by the party giving pub¬ 
licity to and being responsible for such charge. 

1913, c. 164, s. 1. 


42 


Election Law 


12. To circulate -false derogatory charges coiicer'ning candidates. For any 
person to publish or cause to be circulated derogatory reports with reference 
to any candidate, known by the person publishing or circulating such report 
to be false, when such report is calculated or intended to affect the chances of 
such candidate for such office. 

1913, c. 164, s. 1. 

IS. To promise political appointments in securing political support. For 
any person to give or promise, in return for political support or influence, any 
political appointment or support for political office. 

1913, c. 164, s. 1. 

4186. Certain acts declared felonies. Any person who shall in connection 
with any primary, special, general or other election in this state do any of 
the acts and things declared in this section to be unlawful, shall be guilty of 
a felony, and upon conviction shall be imprisoned in the state’s prison not 
less than four months, or fined not less than one thousand dollars, or both, in 
the discretion of the court. It shall be unlawful— 

1. To register in more than one precinct or impersonate other voters. For 
any person fraudulently to cause his name to be placed upon the registration 
books of more than one election precinct, or fraudulently to cause or procure 
his name, or that of any other person, to be placed upon the registration books 
in any precinct when such registration in that precinct does not qualify such 
person to vote legally therein, or to impersonate falsely another registered 
voter for the purpose of voting in the stead of such other voter. 

Rev., s. 3395; 1901, c. 89, s. 70; 1913, c. 164, s. 2. 

2. To l)uy and sell votes. For any person to give or promise or request or 
accept at any time before or after any such election any money, property or 
other thing of value whatever, in return for the vote of any elector. 

Rev., s. 3386; 1901, c. 89, s. 54; 1913, c. 164, s. 2. 

3. To make fraudulent entries and returns. For any person who is an 
election officer, a member of a canvassing or election board or other officer 
charged with any duty with respect to any election, knowingly to make any 
false or fraudulent entry on any election book, or any false or fraudulent re¬ 
turn, or knowingly to make, or cause to be made, any false statement on any 
ticket, or to do any fraudulent act, or knowingly and fraudulently to omit to 
do any act or make any report legally required of such person. 

1913, c. 164, s. 2. 

If. To sioear falsely in connection with elections. For any person know¬ 
ingly to swear falsely with respect to any matter pertaining to any such 
election. 

1913, c. 164, s. 2. 

5. To qualify any one fraudulently as an elector. For any person falsely 
to make or present any exemption from poll tax, tax receipt, certificate or 
other paper to qualify any person fraudulently as an elector, or to attempt 
thereby to secure to any person the privilege of voting. 

Rev., s. 3401; 1901, c. 89, s. 13; 1913, c. 164, s. 2. 

4187. Persons pardoned compellable to testify. Any person subpoenaed by 
the state to testify relative to any offense arising under the provisions of the 
two preceding sections shall be required to testify, but such person shall be 
immune from prosecution and shall be pardoned for any violation of law about 
which such person is so required to testify. 

1913, c. 164, s. 3. 


Election Law 


43 


Art. 6. Other Offenses Against the Elective Franchise 

4188. Disposing of liquor at or near polling places. If any person shall 
give away or shall sell any intoxicating liquor, except for medical purposes 
and upon the prescription of a practicing physician, at any place within five 
miles of the polling place, at any time within twelve hours next preceding or 
succeeding any public election, whether general, local or municipal, or during 
the holding thereof, he shall be guilty of a misdemeanor, and shall be fined 
not less than one hundred nor more than one thousand dollars. 

Rev., s. 3389; 1901, c. 89, s. 76; 1905, c. 531. 

4189. Toting of felons at elections. If any person convicted of a crime 
which excludes him from the right of suffrage shall vote at an election, with¬ 
out having been restored to the right if citizenship, he shall be guilty of a 
felony and punished by a fine not exceeding one thousand dollars, or impris¬ 
oned in the state’s prison not exceeding two years, or both. 

Rev.; s. 3388; 1901, c. 89, s. 71. 

4190. Corrupt taking of oath by voter. If any person shall corruptly take 
the oath prescribed for voters, he shall be guilty of perjury, and shall be fined 
not less than five hundred dollars nor more than one thousand dollars, and 
shall be imprisoned in the state’s prison not less than two nor more than five 
years. 

Rev., s. 3390; 1901, c. 89, s. 49. 

4191. False oath of voter in registering. If any person shall knowingly 
register under the permanent registration law who is not qualified within the 
meaning of that law and article six, section four, of the constitution, or if any 
person shall knowingly take any false oath in registering under the same, he 
shall be guilty of a misdemeanor, and upon conviction shall be fined not more 
than one thousand dollars or imprisoned not more than five years. 

Rev., s. 3392; 1901, c. 550, s. 12. 

4192. Voting illegally at elections; fraudulent entries by registrars and 
clerks. If any person shall, with intent to commit a fraud, register or vote 
at more than one box or more than one time, or shall induce another to do 
so, or if any person shall illegally vote at any election, he shall be guilty of 
a felony and shall be imprisoned in the state’s prison not less than six nor 
more than twelve months, or fined not less than one hundred nor more than 
five hundred dollars, at the discretion of the court. If any registrar of voters, 
or any clerk or copyist, shall make any entry or copy with intent to commit 
a fraud, he shall be guilty of a like offense. 

Rev., s. 3394; 1901, c. 89, s. 48. 

4193. Wilful failure of returning officer to discharge duty. If any chair¬ 
man of the county board of elections, or other returning officer whatever, shall 
wilfully, or of malice, neglect to perform any duty, act, matter or thing re¬ 
quired or directed in the time, manner and form in which such duty, act, 
matter or thing is required to be performed in relation to the election, and 
returns thereof, of the governor, representatives in congress, justices of the 
supreme court, judges of the superior court, solicitors, electors for president 
and vice-president of the United States or other officers, the person so offend¬ 
ing shall be guilty of a felony, and shall be fined not less than one thousand 
nor more than five thousand dollars, and be imprisoned not less than one nor 
more than three years. 

Rev., s. 3391; 1901, c. 89, s. 47. 

4194. Wilful failure of registration officer to discharge duty. If any officer 
charged with any duty under the permanent registration law wilfully fails 
and neglects to perform the same, he shall be guilty of a misdemeanor, and 
upon conviction shall forfeit his office and be fined not more than one thou¬ 
sand dollars or imprisoned not more than five years. 

Rev., s. 3393; 1901, c. 550, s. 11. 


44 


Election Law 


4195. Making* false returns or tampering with poll hooks. If any person 
shall make, certify, deliver or transmit a false return of an election held in 
this state, or make any erasure or alteration in the poll books, he shall be 
guilty of a felony and shall be imprisoned in the state’s prison not less than 
one year, and shall, in addition, forfeit and pay five hundred dollars, one-half 
to the use of the person who shall sue for the same, and the other half to the 
use of the state. 

Rev., s. 3397; 1901, c. 89, s. 83. 

4196. Kefusing to furnish copy of election returns. If any register of deeds 
or clerk of the* superior court shall refuse to make and give to any person 
a duly certified copy of the returns of any election, or of a tabulated state¬ 
ment of any election, the returns of which are by law deposited in his office, 
upon the tender of the fees therefor, he shall be guilty of a misdemeanor, and 
upon conviction shall be dismissed L’om office and imprisoned for one year. 

Rev., s. 3398; 1901, c. 89, s. 83. 

4197. Failing to furnish poll-tax list. If any sheriff or tax collector shall 
fail, between the first day of May and the tenth day of May of any year in 
which a general election occurs to certify to the clerk of the superior court 
of his county a list of all persons who have paid their poll tax for the previous 
year, he shall be guilty of a misdemeanor. 

Rev., s. 3400; 1901, c. 89, s. 13. ^ 

4198. Failing to give or falsely dating poll-tax receipt. If any tax collector 
or sheriff shall wilfully fail to give a tax receipt to any person paying his 
poll tax, or shall falsely date any tax receipt or duplicate thereof, he shall be 
guilty of a misdemeanor, and shall be punished in the discretion of the court. 

Rev., s. 3402; 1901, c. 89, s. 13. 

4199. Using funds of insurance companies for political purposes. No in¬ 
surance company or association, including fraternal beneficiary associations, 
doing business in this state shall, directly or indirectly, pay or use, or offer, 
consent or agree to pay or use, any money or property for or in aid of any 
political party, committee or organization, or for or in aid of any corporation, 
joint-stock company, or other association organized or maintained for political 
purposes, or for or in aid of any candidate for political office or foj nomina¬ 
tion for such office, or for any political purpose whatsoever, or for the reim¬ 
bursement or indemnification of any person for money or property so used. 
Any officer, director, stockholder, attorney or agent of any corporation or 
association which violates any of the provisions of this section, who partici¬ 
pates in. aids, abets, advises or consents to any such violation, and any person 
who solicits or knowingly receives any money or property in violation of this 
section, shall be guilty of a misdemeanor, and shall be punished by imprison¬ 
ment for not more than one year and a fine of not more than one thousand 
dollars. Any officer aiding or abetting in any contribution made in violation 
of this section shall be liable to the company or association for the amount so 
contributed. The insurance commissioner may revoke the license of any 
company violating this section. No person shall be excused from attending 
and testifying, or producing any books, papers or other documents before any 
court or magistrate, upon any investigation, proceeding or trial for a violation 
(>f any of the provisions of this section, upon the ground or for the reason 
that the testimony or evidence, documentary or otherwise, required of him 
may tend to incriminate or degrade him; but no person shall be prosecuted or 
subjected to any penalty or forfeiture for or on account of any transaction, 
matter or thing concerning which he may so testify or produce evidence, docu¬ 
mentary or otherwise, and no testimony so given or produced shall be used 
against him upon any criminal investigation or proceeding. 

1907, c. 121. 






























CONTESTED-ELECTION CASE OF CAMPBEUv.DOUGHTON 


HEARINGS 

j /] BEFORE THE 

^'COMMITTEE ON ELECTIONS No. 2 

HOUSE OF REPRESENTATIVES 

SIXTY-SEVENTH CONGRESS 
SECOND SESSION 

ON THE 

CONTESTED-ELECTION CASE OF 

JAMES I. CAMPBELL v. ROBERT I.. DOUGHTON 

FROM THE 

Eighth District of the State of North Carolina 


TUESDAY^ FEBRUARY 28, 1922 



947S9 


WASHINGTON 

GOVERNMENT PRINTING OFFICE 
1922 




COMMITTEE ON EI.ECTIONS NO. 2. 


House of Representatives. 

SIXTY-SEVENTH CONGRESS. 


ROBERT LUCE, Massachusetts, Chairman. 

.TOIIN M. NELSON, Wisconsin. FRANK CLARK, Florida. 

RANDOLPH l‘ERKINS, New Jersey. ' MORGAN G. SANDERS, Texas 

JOHN L. CABLE, Ohio. RILEY J. WILSON, Louisiana. 

HENRY F. LAWRENCE, :Missouri. 

JOE BROWN, Tennessee. 

2 



4 



Tlie eoininittee met at 10 (rdock j 
. sidinj;. 


Comm i n KK on Elections No. 2, 

House of UKeuEsENTATivEs, 
Tuc-sdai/, Fehruaru 28, J022. 
a. m., Hon. Robert Luce (chairman) pre- 



reudy to oiien the case? ’ 

^Ir. I)oi(iHToN. Mr. Chairman, if you will jiardon me a minute, before the 
discussion he^dns, I would he jtlad to have an expression from the contestant 
or his counsel as to the amount of time they Mould like to have, Avhether <)r not 
they feel that the amount provided in the regulations will he ample. This 
matter is important to both sides. I would regret to see the case closed Muth- 
out feeling that M’e had had time to present the facts connected with our side 
of the case and I am sure I Mould not Muint to see the other side stop until 
they felt that they had ha'd opjKirtunity to present their side of the case. While 
M’e Mill he content, of course, Mith Mhatever the committee MTints to alloM' 
and Mdiatever M’ill he satisfactory to the other side, I feel that oM'ing to the 
large volume of evidence and the great mass of testimony that it Mill he prac¬ 
tically impossible to cover the case in the M’ay of intelligent discussion in the 
time alloM'ed by the regulations. 

Mr. Rkitt. Speaking for the contestant, 1 should dislike to inllict myself 
upon the committe any greater length of time than is tixed by the rules,'hut, 
as the contestee has said, it is a very lengthy record, a very complicated one, 
and I doubt very much M'hether either side can make its presentation in the 
time alloM'ed by the committee, one and a half hours on a side. 

The (Ttaihman. (Jentlemen of the committee, you have heard the vieM’S on 
either side. What is you pleasure? 

Mr. Wilson, (’ould Me get an expression of hoM' much time the litigants 
M'ould like to have? 

Mr. Harrr. I think tM’o hours to a side M'ould he satisfactory. 

]Mr. .Wilson. Would that he satisfactory to the other side? 

Mr. Doughton. Mr. Chairman, I feel this way aliout it: I am sure I do not 
M'ant to make any remarks if my attorney has time to cover the case. If he 
should not have time to cover the case it might he that I M'ould like some addi¬ 
tional time, and if I thought I neeiled it I Mmuld like to have it, and I M’ould 
be glad for the other side to have the same privilege. If M'e get tM'O hours 
and each side feels satisfied to quit at the end of that time it Mill he all 
right, hut if M’e could have an additional agreement that at the end of tM’o 
hours on each side, if it is not satisfactory to both sides, M’e can have an hour 
to-niorroM’ for both the contestant and the contestee. 

Mr. Nelson. Are you going to discuss the facts largely? 

Mr. Doughton. Yes, sir. 

Mr. Nelson. M'ould that tend to save us from reading so much of the record? 
Because if it does M’e might get doM’ii to the controverted vote, so to speak. 

Mr. Britt. That is M’hat M’e hoiie to do for the contestant. 

Mr. Nelson. In other Mords, by giving you more time Me may save time? 


O 

♦ > 



4 


CAMPBELL YS. DOUGHTON. 


J\Ir. Wilson, If we luive two lioiirs a side for tlie attorneys, then would it be 
satisfactory for the eontestee and contestant to have an additional lionr or 30 
minutes each if they desire? W<ndd that’ cover tlie situation, or is it a propo¬ 
sition that we merely proceed until we tinish? 

Mr. Doughton, I hardly think that 30 minutes would handle a case such as 
this and do justice to the question. Now, 1 do not want to create a contention 
at all- 

The Chaikman (interposinj;). T have read the evidence and my conclusion 
from the reading; of the evidence is that the nature of the case is snch that if 
the counsel for contestant and eontestee contemplate takiiii: np the facts it 
would cover somewhere from two to three months. 

]Mr. Clakk. There are only three or four real questions, as I see them. 

The Chairman. There are some fundamental principles involved. The j;en- 
tlenien who have read the evidence will understand that there are, perhaps, 
three or four branches to each iiroposition. 

Now, I want to illustrate it. Take the case of the payment of'poll tax, for 
example. If gentlemen on either side desire, as inif;ht he liti^iated in a court, 
to discuss eveiy instance of controversy over the |)ayment of a poll tax, it woidd 
take a month. If, howevei", yon simply desire to establish a question of 
whether the committee should or should not. by a typical case, jio into that 
whole matter, it may take yon lo minutes. I think we had better have it quite 
clear before we hef;in, whether we ape to contemplate consideration of all the 
contested parfcnlars in this case. Thei'e are, as I remember it. somethin}; 
like l.OOd or l.olM) contested particnlai's, which it is manifest could not be 
covered in one day, two days, or a week. 1 do not believe my estimate of two 
oi’ three months is excessive. I think we had better have a clear nnderstandini; 
on this point. If the lientlemen who are to ar.ane the case ape williii}; to take 
a tyi>ical instance and present the various principles involved, we can discuss 
that in a comparatively lirief time. Hnt if yon are to cal! onr attention to the 
fact that John Jones in snch and snch a county voted ille};ally, and then the 
other side is to contend that he v<qed legally, you will emltark on an interminable 
series of ar}tiiinents. 

Mr. Britt. May I say, Mr. (’hairinan. that I think e-ven b) }t(Mieralize and to 
};ive typical instances and illnstralive exanqiles from the pecord, without any 
attempt to itive all or even a lar};e fraction of them, would require some two 
hours on a side? The (’hairman is eminently correct in his statement that if 
we attempt to justify or disprove evei-y matter in issue, it would take days to 
do it, and we could not in fact do it in any reasonable time. But in two hours 
on'a side I think we should be able to itlve so many exanqiles from the record as 
iyi»ical and as illustrative of ppincijiles which are very important, that the 
committee would be able to };et a fair knowledpte of the facts. 

Mr. Nelson. I sugirest that we allow two hours to a side and let the com¬ 
mittee then discuss whether any further time should be };iven, 

]Mr. WiLso.N. That is, to consume four houi’s to-day and to-morrow iuoiTiin}r 
meet and decide whether we wa.nt to hear any further statements? 

Mr. Britt. And how will that be divided as to the counsel for contc'stant? 

Mr. M'ilson. Two hours on each side. 

Mr. Britt. But the contestant presents his ar};uments in two installments. 

The Chairman. 1 think you iui}ihr take such part of your two hours as you 
desire in openini;; that is, at your i»leasure. How much would you (h's re in 
o])enin};-—an hour or an hour and a half. Mr. Britt? 

i\Ir. Britt. Well, sir, it would he diflicult to say. I would not want to quit 
in the middle of any particular point. 

The Ch.virman. Certainly not. 

Mr. Clark. It strikes me that the contestant's counsel should cover h's case 
in his ojieniii};' ai‘};umeut very fully, because the contestee's counsel intends to 
answer that ar};ument. It would not he fair to contestee's counsel to allow 
the contestant's counsel to make a few remarks and tluai close, and then make 
his complete speech in conclusion. 

The (’hairman. I should think the conti'stant ou};ht to occupy from an hour 
to an hour and a half in openiii};. 

Mr. Wilson. If the.v could a};ree to take it on the same jiroiiortion as the 
rules establish at iiresent, 1 think that would be all ri}rht. 

The ('HAiRMAN. I was tryiii}; to establish that proportion b.v matheiuati(‘s. 

Mr. ('LARK. AVhat do the rules allow? 

Mr. Wilson. One hour to open and 30 minutes foi- i-ejoinder. 

Mr. OoruHToN. I su};}iest two-thirds of the time he used in openini;. ^ 

.Air. Wilson. An houi- and 20 minutes ro open and the rest to close? 



CAMPBELL VS. DOUGHTON. 


5 

Mr Caulk. There is the itroposTioii of the facts they are coiitroverfinj; and 
nieii there is a proposition of law. that if all the facts contained in the con¬ 
testant s claim are correct, under what lef-al authority \Yould he or would he 
not lune a ri^ht to the seat in Coni^ress? Now. would it, in the opinion of 
the coininittee. save time hy takinjr up the legal proposition tirstV I have 
looked o\er these briefs and there are not many authorities cited on either side. 
1 think we are entitled to the law on the proposition as well as to the facts. 

Ml. M iLsoN. I d(> not think it would he fair to dictate to the counsel how 
he should proceed to sa.v that he should cover the law at one time and the 
facts at anothei’. 

Mr. Caulk. My idea was that it would save time aiul help the committee. 

Mr. \\ iLsox. \ es: hut I do not thiid\ it would he right to coniine counsel to 
any iiarticidar phase of the case. 

Mr. Clauk. \ on would like to cit(* the law as he goes on with the facts? 

Air. Caulk. 1 would like to have the law go along with the facts as they are 
divided uj) in the brief. As he gives the facts let him give the law on those 
facts. 

The CiiAiiLMAX. That is a suggestion for counsel. 1 do not think w(‘ could 
hinder counsel. 

Mr. Caulk. No; 1 do not mean to presi-rihe how they should proceed. 

Mr. Xklso.x. I supfiose wt‘ can ask ipiestions? 

The Chaikmax. Is that your pleasure, Mr. liritt? Would you object to 
(piestions as you proceed? . 

iMr. Luitt. Xo. sir. 

The (hiAiu.MAX. Proceed. 


ARGUMENT OF JAMES J. BRITT, ESQ., ATTORNEY FOR CON¬ 
TESTANT. 


Mr. P>i;ttt. Mr. (Miairman and gentlemen of the committee, under section o of 
Article I of the Constitution the House is the judge of the election, ipialitica- 
tions, and returns of its Members, and you, as an agency of tlu‘ House, have 
the diit.v of making iiupiiry into the issues of law and fact raised hy the con¬ 
testant’s notice and the contestee's answer. T desire for a moment to address 
myself to the election laws and the election machinery of the State of North 
(’arolina under which the election of November 2, 1020, was held in the eighth 
(‘ongressional district of North Cai-olina. T do this with a view of saving the 
time of the committee from making a search of the constitution and statutes of 
North Carolina for the applicable facts and principles of law which apply to 
this case. 

;Mr. Sanukus. Ts it .vour idea to call attention to otlnw laws than those you 
have mentioned in your brief? 

Mr. P>RiTT. Probably; yes. First, as to the ipialitications for voting in that 
election, which are simide and few. Native-born or naturalized citizens of the 


Cnited States; male oi- female; 21 years old; having lived in the State of North 
Carolina two years; in the county in which they iiroiiose to vote, six 
months; in the jirecinct, ward, or election district in which they propose to 
vote, four months; with the iirovision. however, that if within the same county 
an elector has moved from one ward, precinct, or election district to another, he 
might return to the ward, precinct, oi- election district whence he moved within 
the jieriod of four months and vote. Other (pialitications were that the appli¬ 
cant if male, and asses.sed with a poll tax on the 1st day of May, 1911). should 
have on or before the 1st <lay of May, 1920. paid his poll tax for the year 1919. 
No poll tax was asses.sed against women; at that time they were not even 
voters. The (piestion of whether th(‘y were or were not eligible to pay the tax 
was n<)t and has not been raised. Votei’s imist also be able to rea<l and write 
any section of the constitution of North Carolina in the English language. 

Negativel.v, they must not be a lunatic*, or an id ot, or stand convicted of a 
felonv under'the laws of North (’arolina or have confessed a felony under the 
laws’of North (^irolina. These constituted the qualifications for voting on 
November 2, 1920, provided the I'eipiirements of registration were complied 
with The law provides that for 20 days prior to the-second Saturday before 
the elec'tion the registration books shall be open in each iirecinct in the district, 
and the registrar shall attend the |)olling place in the precinct from the luuir of 
9 in the morning unfl sunset in the evening on'each Saturday in this period for 
the purpose of registering such voters as may aiiply, and on other days of the 20 
dav.s at which time he is not required to be iiresent at the polling place, he 


G 


C'AMPBELL VS. DOUGHTON. 


may register such voters as may apply to him. The I'egistratioii closes on the 
second Saturday before the election, and the Saturday before the election is the 
day fixed by law when challenges of voters which have been made may be tried 
before the registrar and .iudges of election. 

Now. registration is a legal and constitutional i)rerequisite to the right to 
vote either by male or female voters, and no voter is exempt fi*oin that require¬ 
ment. What I have just said applies to the registration of present voters, but 
we have a special provision for registering absent electors. If any person intends 
to be without the county in which he lives at the time of the election and he 
desires to register before this period of 20 days has begun, he may apply to the 
chairman of the county board of elections for registration, and the chairman 
is re(piired to registei* hiin. When the registrars are appointed—in a manner 
which I shall describe in a moment—the chairman of the county board of elec¬ 
tion must certify the list of those registei’ed by him to the registrars in the 
respective voting i)recincts. 

Now, as to the oflicials who execute the election laws: At the head of the 
election inachinei-y we have the State board of elections of live, appointed by 
the governor of the State, not more than three of whom shall be members of one 
I)olitical part.\\ In fact, they are comi)osed of three Democrats and two Repub¬ 
licans. The next in descending grade of election machinery is the county board 
of elections, appointed by the State board of elections, consisting of three elec¬ 
tors, not more than two of whom shall belong to any one political party. 

In practice two of them are Democrats and one is a Itepublican, The next 
in the descending scale are the registrar and two judges of election. The 
registrar is apjtointed by the county board of election, sworn, and charged 
with the <luty of registering accord.ng to law all men and women who are 
entitled to register, which right to register must be proved by the oath of the 
applicant administere<l by the registrars. The registrar, as I have said, is 
ai>pointed by the county board of elections, and in fact and in practice is 
always, or practically always in my State, a Democrat. I think it was dis¬ 
closed in the evidence that in one instance the majority i)arty. i)ossibly being 
unable to tind a suitable Democrat in the county of Caldwell, appointed a 
Republican I’egistrar. 

iMr. Aelsox. Thei'e is no re<piii‘ement of law that they shall be j'.i)pointed from 
both itartiesV 

Wr. Biutt. No; there is no legal i-ecpiirement as to the politi(‘S of the regis¬ 
trar. When elecfon day c<mies this registrar and the two judges apppointed’by 
the county board of elections constitute the t)oll holders who hold the elecfon 
the election precinct, ward, or district. One of the two judges is a minority 
representative; he is a Rei)ublican : the registrar being a Democrat and the 
other judge a Democrat, there are always two Democrats and one Republican. 
As I have said, the registrar of the pi-ecinct is one of the active judges holding 
the election at the polls. 

Now, you will .see from what I have said, which is the law of the vState, in 
its constitution and in its statutes, that there is in theory and potentially 
minoi-ity I’epresentation in every executive bran(‘h of the administration of 
the election laws of North Carolina. In fact, on issues that are drawn and 
(piestions that are de('’ded involving the right to vote there is an exercise of 
absolute, and often arbitrary, power on the part of the majority, and the vote 
of the minority is negatived. 

If thei’e are any questions by any member of the committee as to the election 
machinery ami the qualitications of the voter, I shall be delighted to continue 
</!! those lines at this moment. 

iMr. (iAULE. In other words. North ('aiadina is a Democratic State, and they 
have control of the machinery of election and all the other imu'hinery? 

Mr. Bkitt. Absolutely. 

^Ir. Cahlk. Now, if it was a Rei)ubl:can State, it would be tbe converse? 

Ml*. Britt. Presumably so. 1 will say that every law on the statute books of 
North ('ai'olina, either constituting the election machinery or jirescribing the 
(pialihcations for electors, or the way and manner in which they shall vote 
and have their votes returned, every law, unless ]>ossibly some old remnant 
of a former statute exists unchanged, was made by the dominant jiarty of the 
State, the jiarty of which the contestee is a membei*. 

Mr. Nel.sox. You are not complaining of the law? You ai*e simply iiroving 
that the Democratic othcials had the power to <in as they pleas(‘d down tliere? 


CAMPBELL VS. DOUGHTON. 


7 


. Ii . Hkii r. My (‘oniplaiiit is wholly of the ndiniiiistration of the law, with 
one or two exceptions, which will occur in the i>roj;ress of the case. I do not 
exi)ect the coininittee or the House to correc't the law. 

^ir. Wilson. If the machinery of the jtovernment of North Carolina had 
been ot rhe ojtposite party, the election machinerv wonld also he in the hands 
of that jiartyV 

Mr. Rkitt. No donht. sir. 

Ml. ^\ ii.soN. .Now, .just one cpiestion relative to the ass(*ssinent for poll taxes. 

1 on stateil that a jierson to he entitled to vote innst he assessed a poll tax 
before May I, 1919, which should he iiaid before :May 1, 1929V 

Mr. Rkitt. On or before. 

Ml'. A\ iLSON. ^ es; on or before. Is the statute reiiniriniLi' the assessment of 
the j)oll tax construed in a mandatory sense, that the person payinj*; the poll 
tax must have been assessed with it, or could a jierson whose name had been 
omitted from the assessment ajtiiear in due time, pa.v his poll tax. and he entitled 
to vote? 

Mr. Rkitt. He must apjily for listinji:, hut if he should fail to ajiiily to be 
listed at the jiroper time he ma.v he listed afterwards. 

Mr. iLsoN. Then that is not a mandator.Y statute. If he was a citizen, and 
although he may not have been assesed a i>oll tax, if he paid the poll tax within 
the time require«l by law he will he entitled to vot(*V 

Mr. Rkitt. Yes, sir. 

]Mr. Mhi.soN. Tliat point was not quite clear. 

Mr. Rkitt. Now, I want to addi'ess m.vself to the absentees law. 

]Mr. C.\HLK. 1 do not know whether ,vou want to hriip; it ui» now, hut you said 
that the Saturda.v before election was tlu* day when candidates could .no before 
the elector and make their challenf*es. 

Mr. Rkitt. Yes, sir. 

^Ir. (Uhlk. Was the opportunity jtiven to the contestant to j;o over these 
lists and make his challenjtesV 

]Mr. Rkitt. I shall address m.vself to that in a moment. As to absent voters, 
there was this situation: A law was tirst passed in 15)17, and amended two 
years later, in 1919, and was slij?htly chanjted by the ^code commission in 
1919, the code commission rewriting' the consolidated statutes of North Caro¬ 
lina. What 1 am addressinji: m.vself to now will no doubt he a matter of serious 
dispute here lietweeii us, and I therefore bespeak your careful attention to it. 
When the absent voter forwards his ballot to the re.ffistrar of his ])recinct, 
sealed in an envelope furnished, h.v the State, it must he received before the 
hour of 8 o’clo(*k on election day and oix^ned‘at that hour. He may cast that 
vote in either of two ways. He ma.y send a certiticate, which the State has 
provided, which says that “ 1 ”—driving- the date and the place—“ .Tohn Jones, 
Iierehy certify that I intend to vote for all the nominees of a jtiven part.v.” 
Or he may transmit the ballot or ballots in this enveloiie with another certiti¬ 
cate or letter of transmittal which says, “ I hereby certify that 1 am a qualified 
voter, et('., and that the inclosed ballot or ballots are the ballots that 1 proimse 
to vote at this election.” 

So far so much. The law requires tliat those ballots and those certificates, 
as I contend, shall he preserved h.v the iioll holders and shall he returned to 
the county hoard of election; shall he preserved for a period of ,six months, 
or Ioniser in case of contest, and until the matter in dispute has been decided. 
1 wish the committee to keep that fact in mind, as it is .itermane to what 
I shall say a little later. 

The Ch.mk:m.\n. Refore you proceed, Mr, Rritt, may 1 interrogate you on 
that particularl.v point? 

]Mr. Rkttt. Certainly. 

The Chatkm-vn. The law was passed in 1917? 

Mr. Rkitt. Yes, sir. 

The CHAimr.vN. It was amended in 1919? 

^li', Rkitt. Yes. sir. 

The (Tiaik.max. And then altered by the code commissioners? 

Mr, Rkitt. In 1919. 

''I'he (hiAiKMAN. Was the reiiort of the commissioners of code ever enacted 
into law? 

Mr. Rkitt. It was. 

The (’haikaian. When? 

Mr. Rkitt. In 1919. 

The Chaik.man. Ry the letti.slature? 


8 


CAMPBELL VS. DOUGHTOX. 


.Mr. Kimtt. 1 believe it was by a siiecial session. Anyway, it was approved. 

The Chatkman. M’ill von point out the chang'e that was made from 1917 to 
1919? 

Mr. Pin TT. If it will be ajrreeable with the ('ommittee. I would like to disciis.s 
it under that head, or I will take it nj) now if .von wish. 

The (TiAIRMAN. As yon had introduced it, I asked .voii the (piestion. 

Mr. P>RiTT. I was only introducing' it in outlininji' brietly the law. but T shall 
be very j?lad to take it ip) now. Kein^^ desirous of ,u:ettin,u' the exact facts be¬ 
fore the committee, I have reduced that part of my I'emarks to writinju:, and if 
1 may be induli;'e<l, will read it to the committee: 

AISSENTKK VOTERS’ LAW. 

(’hai)t(*r 28, Public Laws of 1917. providin,u' for absentee votinjr, made no re- 
(piirement that either the absentee ballot, the certificate accompanyinjr it, or the 
certiticate that the absent voter cjist L!s ballot for the nominees of a jxiven 
l>arty. should be preserved and returned. 

Chai)ter 822, Public Lum’s of 1919, section 2, amended the act of 1917 by pro- 
vidinji' that an absent voter mijihf vote without a ballot l).v forwardinjt a cer¬ 
titicate that he voted for all the nom.inees of a jiiven ])ai‘ty. and provided a form 
of such certiticate, and in section 4a i)rovided that all absentee ballots, all cer¬ 
tificates of the transmittal of ballots, and all certificates v«ded in lieu of a 
ballot should be pi'eserved, I’eturned. and kept for a ])eriod of si^ months, and, 
in case of a contest, until such (‘ontest M'as settled, in the followin.u' lanffiiafte: 

“ Sec. 4a. In voting by the method [trescribed in chapter 28 of the I’ublic Laws 
of ltd7, the voter ma.v, at his election, sifi'n or cause to be siji'iied his name upon 
the marji'in or back of his ballot or ballots, for the purpose of identification. 
The ballot or ballots so voted, together with the accompanyinj; certificates, and 
also the certificates ju'ovided in section 2 of this act, in case the voter ballots by 
that form, shall be returned in a seale<l envelo]>e by the reftistrar and poll 
folders, with their certificates of the results of the election, and kept for six 
months, or in case of a contest in the courts, until the results are finally 
deterndned.” 

(8iapter 288, Public Laws of 1919, ])rovides a ccxle coumcssion to rewrite, 
codify, ami publish the laws of North (Carolina, but denied to the commission 
the ))()wei- to chaise the meaniim' of any law in the followini>: words in se'Ction 
2: “ *•' * * to chanfi'e the number of sections, transfer sections, chapters, and 

subdivisions of cha])ters, and make such other corrections, whicb do not chanjre 
the meaiiin}>' of the Lmav. as may be deemed expedient.” 

Volume 2. (’on.solidated Statutes of North (’arolina, chai)ter 97, section 0966, 
in j)i'ovidiuji' for the return of brdlots and certificates omits the woials ” and also 
Ihe certific.ates i)rovided in .section 2 of this act, in case the voter ballots by that 
form : ” but since the code commission, in the consolidated statutes, could not 
cliauiie the meanin.ii' of the l.aw. the i)rovisions of the act of 1919 stand, and all 
absentee ballots and certific.afes of both classes must be preserved, returned, and 
kei)t foi' six months or lonji'er in case of a contest, and until it is decided. 

Ml', (’lark. Mr. Britt, that law i)rescribed that the voter may at his election 
])ut his name on the ballot, etc., and then it prescribed “that the ballot so 
v<he<l ”—how <lo you constiaie that lan^uafje? 

Ml'. Britt. 1 construe the lanyuaiie “ the ballot so voted ” to mean the ballot 
voted by him as an absentei' voter, whetluu' cast as a ballot in form or b.v 
certificate. 

Ml', (’lark. And whether the ballot is marked or not? 

Mr. Britt. Yes; whether the ballot is marked or not. Having' stated that 
as the law. I shall a^min refer to it in connection with the facts. 

The (’HAiiLNrAN. Mr, Britt, have you in hand the phraseolojjy of the original 
statute which will show us how it M’as altered, in coiistniinp: the phrase “the 
ballot or ballots so voted ”? 

Mr. Britt. Yes. sir. What T have just now read is the amendment of 1919 
ju'ovidinj; for the lu'eservinii', returniim', and keepinjr of the certiticates. That is 
the statute. 

The (hiAiRMAN. And then the codification? 

Mr. Britt, (’hajiter 288 of the Publ c Laws of 1919 iirovided a cod(‘ comm's- 
s'on to codify the ])ublic laws of North (’arolina, but it denied to the commis¬ 
sion th(‘ iiower to chan,ue the meanin.ii' of any law. the followin^i words in sec¬ 
tion 2 bein.ii the jiart of the law which vested the comm'ssion with authority to 
ri'arran.iie the sections and provisions, but not to chan.ue the meaniiiji; “To 


(’AAIPHELL VS. DOUGHTOX. 


9 




chanjie the iiiiiiiber of sections, transfer sect'ons, (iiai)ters, subdivisions of 
chapters, and make such other correc'tions Vv’hich do not cliange the mean n^' of 
the law as may be deemed expedient.” So the former words, whicli reiiuired 
that both the ballots and the certificates must be preserved, returned, and kept, 
were carried forward in tlie consolidated statutes, which were the lieneral laws 
of the State, on the 2d day of November, lb2,d, because that was part of tlie svd)- 
stance of a statute, and the commission was witliout authority to chanue the 
substance of a statute. xVnd tlmt, I contend, is the law to-day. It is the law, 
namely, to rei)eat it, that every absent l)allot that is cast, every eertiticate that 
is cast m lieu of a ballot, and eveiw certificate or letter of transmittal with a 
ballot, must be preserved by the poll holders, must be returned, must be kept 
l>y the count.v board of election for the period of six months mandatorily. and 
for a longer ]>eriod if an.v (piestion ar ses, as in this case. 

Mr. Ci.akk. You say the comndssion had no powei’ to change the haw in 
substance? 


Ml-. Bkitt. No, sir. 

i\Ir. Ci.AKK. Supjiose the legislature after that tme passed an act ajiproving 
their work. What would you say as to whether the legislature would have that 
] lower ? 

Mr. Britt. Then I should say that the legislature in approving their act, ap- 
jiroved it as performed under the commission which it gave them at the ses¬ 
sion prior thereto. whi(*h authorized them to change the sections and chapters 
but not to change the substance or meaning of the law. 

The (■HAiRMAx. iMr. Britt, it turns out in this (-ase, as 1 went through it, 
that either the comm ss on or the legislatui-e instead of clarifying succeeded 
in confusing, and under those circumstances, where the language of a statute is 
capable, in the eyes of reasonable and uniirejudiced and disinterested men, of 
two different interpretations, how strictly do you think that the class of men 
who ordinarily serve as election officials ought to be held to account in deciding 
between these two different and um-ertain and contlicting interiiretations? 

Mr. Britt. In answer to that 1 would say that the laws of our State them¬ 
selves reipiire that the laws in relation to elections and ju-imaries shall be 
construed favoi-ably to the right to vote by the electors. It would be the 
duty of the poll holders to construe it in the light of their best understanding 
of the law and their official duty, carrying out the siiirit and purpose of the 
law whi('h says it must be construeil favorably to the ca.sting of the ballot by 
the elector. 

Mr. Gahlk. Wm-e there any ballots itreserved at all, either of the absentees or 
the others? 

Mr. Britt. None of any conseipience. Xow, if 1 may pass from the general 
])reliminaries to the task of showing the facts and arguing the law as applicable 
to them. whi(‘h is now before me. 1 want to make this statement disiiass'onately : 

Int niidation was practiced by the friends and imrtisans of the contestee 
to a degree that directly pr(‘vented a number of men and women from voting 
■for tlie contestant and evidently indirectly prevented a large number from so 
voting. In the State of North ('arol’na. in the 8th district of North (Carolina, 
and throughout that State, the race question is always acute, is always to 
tlie fore. Yet there was nothing eithei- in the candidates of either party or 
in the State or local issue's drawn to in the lease degree raise the epiestion 
in ll)2d in the' State of North Garol'na. There was no ceilored man a candi¬ 
date for office. There was no jiroposal to a]>point any e-olored man to office. 
There was no man in the State of any party, no newspaper of any party, no 
group eir class that in the remote.^t degree siiggesteel that any colored man 
or colored woman shoulel be bremght forward for office. In fact, there had 
not be'en such since the year 1000. At that time the State constitution was 
amended and thereafter the educatiomil (pialitication obtained. Prior to that— 
and 1 will be fa’r with the committee who do not probably know—there had 
b('en efforts to get the colored vote by both jiarties. The Uejiublicans some¬ 
times oiieniy and the Demoi-rats covertly trying to make the most of it. But 
in this election there was no ra(-e issue, yet it was brought forward by the 
friends and partisans of the contestee and used to the consternation of the 
electorate of the disti-ht, producing profound feeling of great excitement among 


the men and women. 

]Mr. ('Ain.K. May I ask you a ipiesfon right there? 

;Mr. Britt. You may. ,.i • i 

Mr. Caiuj:. In what way did the contestee have anything to do 

circulation of these reports sent out? 


with tlffi 


10 


CAMPBELL VS. l)()U(iHTON. 




Mr. Britt. IVrsoiially? 

;Mr. Cahi.e. Personally. 

Mr. Britt. In no way, to niy knowledjte. 

Mr. Cahi.e. No. In other words, can you connect U]) the contestee with the 
circulation of these repoi-ts? 

Mr. Britt. His inanajreinent, hnt not him personally. I certainly will con¬ 
nect his sipiporters, otherwise I should not hrinjt it forward. A picture of the 
Kepiihlican candidate for the Presidency, with (lov. Davis, of Ohio, nt the 
head and Senator Willis at the foot, with colored men on either side,- was 
circulated broadly and jrenerally thronjthont the district. 

IMr. Sanders. Were those colored men I’eal candidates in Ohio? 

Mr. Britt. I could not answer that definitely, sir. I understand there were 
some stra?:.iflinjt colored candidates—some coloreil men runninjr for minor oflice 
in Ohio. 

Mr. Sanders. But do you know whether those whose pictures were i*rinted 
were candidates? 

Mr. Britt. No; I do not-. 

Mr. (-ARLE. I can answer that. They were candidates for small otlices in 
some of the larj^er cities, hut the ]>ictures used were not true pictures of the 
candidates. 

iVIr. Wilson. Is it your contention that the production of those pictures in 
North (’arolina intimidated the peojile of that State? 

Mr. Britt. Yes, sir. 

Mr. Wilson. You mean all classes of ])eoj)le? 

Mr. Britt. Yes, sir; and especially the women voters. This siiecimen is not 
in the record. I suppose all jrentlemen will agree that there is a copy im¬ 
pounded with the clerk. I suppose it is here. Here is one representing the 
President of the United States—now President, then a candidate for Presi¬ 
dent—the Kepuhlican candidate for governor of Ohio at the head and the 
Keinihlican candidate for the Senate at the foot, and Negroes on the right and 
left, who were candidates for some ottice; for what 1 do not know. What I 
want to say now is that that picture was circulated all over the district. It 
was printed as a picture in newsiiaiiers and circulated in the d’strict. sent 
broadcast throughout the district, and was jiosted in election polling places, 
and caused much trouble and excitement at the polls on election day. At 
Statesville, in the third precinct of the city, this picture was posted over the 
table where the Uepnhlican ballots were'being prejiared. It was taken down at 
one time, and was lait u]) again, and an active and working Kepuhlican, to wit, 
one Wood, was driven away from tlie itolls in coiLseipience, and much disturb¬ 
ance followed, 

Mr. Clark. That was at Statesville? 

Mr. Britt. Yes, sir. 

Mr. Nelson. Do you know whether this picture was confined to this congres¬ 
sional district or was it circulated generally in the national campaign? 

]\Ir. Britt. It tvas circulated generally in that section, 

i\Ir. Nelson. In the South? 

IMr. Britt. Well, I say in North Caroliina. In the town of Mooresville the 
so-called Harding "family-tree” was disiilayed and a near riot was the 
result. .At the town of Statesville IMr, .Tolm G. Lewis, the chairman of the 
county hoard of elections and of local counsel for the contestee, reprinted it, 
according to the testimony, and distributed the so-called “ family tree.” and 
himself made the assertion that the Republican candidate for the I’residency 
was of doubtful blood, and the pictures were distributed generall.v. You must 
renieinher, gentlemen, in considering this question that the women were enter¬ 
ing the ballot for the first time. You must rememher their susceptibility to 
fright in matters that affect them socially. I maintain, without asserting it 
as a fact, that while only 18 men are shown in this record as swearing that 
they were prevented from voting by it, that no doubt hundreds of men and 
wqmen were kept away from tlie polls because they could not face the false 
and libelous slander that the President of the United States was of doubtful 
racial origin, and the good name of the great State of Ohio was coufiled with it. 

IMr. Carle. You say you proved 18 cases where they changed the vote? 

Mr. Britt. Or failed to vote. 

Mr. (’ari.e. How can this committee go further than considering these 18 
votes ? 

Mr. Britt. But you can go further in making your deductions and inferences, 
for under the rules of this House you can consider all facts and circumstances 


. CAMPBELL VS. DOUGHTON. 


11 


))earing on the electoral situation in the eij,^hth congressional district of North 
Carolina. 

Mr. Wii.soN. Mr. Britt, that is a very hroad statement. Under the rules and 
decisions in this House and in all the courts I have not found anything that 
would justify a deduction of votes further than is actually and definitely proved 
by the record, on account of the circulation of any kind of campaign literature. 

Mr. Buitt. That may he true, l)\it in weighing any doubtful matter, or as to 
whether or not there liad been any unfair advantage taken of the contestant, 
you would he i)ei‘mitted under the rules t(> take into consideration this feature 
of the case, because you are not limited to (-ourt rules in a matter that presents 
itself to you with probative force. 

^Ir. Wii.soN. That we jire not limited by moral rules, etc., in the circulation 
of cami)aign documents is rather a sti'ong statement. Now, you admit that 
where this method is alleged as a matter of intimidation, taking iMr. Cable's 
statement that we are limite<l to 18 cases of intimidation, that the evidence 
must be i)roduced showing definitely the votes affected by the metluKls of in- 
tinddation, whatever they may be. 

Mr. Barn'. Yes, sir. Now, you repeat the word “ moi'al.” When I spoke of 
moral evidence I did not have reference to morals as i»rincii)les of conduct. 

Mr. Nklson. You are appealing to moral evidence now'.'' ‘ 

^Ir. Buitt. Yes: certainly. 

Mr. Cahle. ('an you show us in the rec<»rd where the contestee circulated 
these reports or pictures':' 

Mr. Buitt. The contestee individually? 

Mr. (^\ULE. Yes. 

Mr. Buitt. No. sir. I have already answered that 1 did not so charge. 

Mr. Cable. Did he have a committee of his own; a congressional comm'ttee? 

Mr. Buitt. Yes; I believe so. 

I\lr. Cable. Did this congressional committee circulate any of it? 

]\rr. Buitt. They were circulated liy men who were friends and supporters 
of Mr. Dough ton, and certainly they acted in his interest. 

Mr. Cable. In other words, can you hook up the contestee in any way s])ecifi* 
cally with the circulation of those jiaiiers? 

Mr. Buitt. I have already answered, that perscnally, 1 have neither charged 
that nor attempted to jirove it, but I have charged and jiroved that his man¬ 
agers, including his counsel and his workers, did it, and he was in that way a 
beneticiary of it. 

Mr. ('able. How far can this committee go if a congressional committee goes 
into a State and puts on a campaign? How far can we go to consider the cam¬ 
paign that is luit on as to testing the right of a ('ongressman to a seat in the 
House? In other words, in circumstances like the Newberry case, where the 
Supreme ('ourt held that you could not charge the jury in that case that he was 
responsible for the money that was spent? 

-]Mr. Buitt. It is not for me to lay down the rules by which you are to make 
your deductions. As I understand the rules of the House, under the broad au¬ 
thority of the (Tonstitution which I named in my oiiening remarks, you have 
a right to bring to your assistance any probative fact that in any way tends 
to satisfy you of the truth or falsity of any matter in issue. 

Mr. Cable. Have you any aiithoi-ity for that statement in previous rulings 
or court rulings? 

Mr. Buitt. I,just now stated the highest authoi-ity, the (I'onstitiition, in 
which you are made the sole judges. 

Mr. ('ABi.E. I do not mean your authoidty. I mean the judicial decision by a 
court or by a committee? 

Mr. liuiTT, I cited the ('onstitution of the United States, and thei-e could be 
no higher authority, I am sure. 

Mr. Nelson. You do not claim that this was done in a peculiar way by 
either the contestee or by his friends or committee, but it was done generally 
by the party, was it not, and not confined to that district? 

]Mr. Buitt. I am addressing myself to the district, of coui*se, and T do not 
wish to go into matters outside. 

Ml-. Nelson. But my jioint is this. It seems to me there is a little difference 
there. If Mr. Doughton or his committee had done this in the district, of 
course we could hold him resi»onsible. but if it was done generally in North 
('arolina or in the South, then how do you make if ainily to Mr. Doughton? 

Mr, Buitt. At no time have I asked that anything outside ot the district be 
charged to him. I am talking about what was done in the eighth district of 


12 


(’AAIPBELL VS. DOlKiHTON. 


North Carolina by the iiiana,uers and workers of Air. I xaijAhton, the eontestee, 
and I am addre.ssin.u' myself to the I’ecoi'd of the testimony to i)rove their 
activity to the detriment of the contestant. 

Air. ^^'lLSo^^ I)i<l the peoph* of North Carolina believe the.se stories that 
were supposed to he retlected in these pictures? 

Air. Britt. Alany of them did, sii‘. They were made very near the election. 
They came at a time of .iireat jnihlic exidtement, and men and women sai<l. 
“What does this mean? ('an it l>e time?" 

Air. Wilson. Did this have the effect of ('xcitinji' into activity both jiarties 
over there? 

Air. Britt. It certainly very j;rievonsIy offended the Keituhlicans, of eonrse, 
liecanse they disladieved it—those who knew. 

Air. Wilson. Wonld not the natural result he to excite them to greater 
activity and cause a i^reat many more to turn out and vote? 

Air. Brttt. No: it can.sed many of them to recoil and not vote at all. T 
wish the committee to take into serious account this jiart of the record. It liad 
much to do with the nominal defeat of the contestant. It produced sreat 
cmisternation in the di.striid. and many men and women on account of it 
either stayed away from the jiolls or refu.'^ed to vote their sentiments because 
everything was in tlie air as to what ])olitical condition would obtain in the 
<-ountry. 

All*. Cable. Did Air. ('ami»he]I run ahead or behind the Be]mhli(*an candidate 
for governor? 

Air. Britt. I do not recall the comiiarative vide. 

Air. C'lark. Alay I ask you one (piestion before von leave that ])oint, Air. 
Britt? 

Air. Brttt. Certainly. 

Air. (iLARK. Have you anytlrng to show that Air. Doughton or anyone acting 
under his direct'on or in (‘onjunction with him had anything to do with the 
circulation of this literature? 

Air. Britt. I rejieat that I have never said that Air. Doughton iiersonally 
had anything to do with it, hut I have evidence that men known to h<‘ his 
avowed and ojieii workers and counselors did have something to do with it. 

Air. Nelson. Ofticially. on the campaign committee. Air. Britt? 

Air. Britt. No; I do not say on the campaign coiiimittee. 

Air. Clark. Do you take the position that a candidate for ('ongress, either 
on the Hepiihrcaii or Democratic ticket, is responsible for what his iiartisans, 
or for what any jiartisan of his ma.v do, or any set of jiartisans may do, without 
his knowledge? 

Air. Britt. I take the absolute and, 1 think, the ])erfectly sound ixisition that 
if his friends, either by his consent or without his consent, violated the law. 
resulting in tlu' detriment of the contestant, that the eontestee has to hear its 
(onseipiences. I think there can he no doubt about that in law. 

Air. Wilson. Is there any law in North ('arolina that would he violated by 
the circulation of pictures and cam])aign documents of that kiml? 

Air. Britt. I think there is not, unless it refers speciti(*ally to the candidate 
by name. 

There was a consjiiracy ‘n the county of Stanly by whii-h the contestant lost 
244 votes or thereabouts and incidentally the eontestee lost a small number of 
votes. Prior to the election it was stated by citizens of Staidy ('ounry that the 
Democratic management had a plan by which the votes of two precincts, heavily 
Ilepuhlican. \\<)uld he h iidered and delayed in their voting. I have all the 
citations in the record here, and when 1 am done, in addition to those contained 
in the brief, I shall he delighted to hand them to the committee w thont taking 
the time here to read them. It was given out tliat the Democrats would delay 
the Republicans n the county of Stanly by certain dilatory tactics in the 
lirecincts of Furrs and B g Lick. Flection day came and the election officials 
on the jiart of the contestee’s ])arty so hindered, delayed, and prevented by 
methods of dilatory tactics that at the end of the day’s election, out of a number 
of votes less than 1,000 all told, some 200 or BOO men and women were denied 
the right to vote, 

I charge from the record that the conspiracy was deep laid and that overt 
acts were done in juirsuance of it, and I charge that it resulted to the detriment 
of the contestant to the number of more than 240 votes and to the eontestee to 
the amount of some 24 votes. 

The facts are in the record, showing from 20 minutes to .30 minutes taken by 
the registrar in pretending to tind the name of a registrant. 33ie record show’s 


CAMPBELL VS. DOUGHTON. 


18 


that the stratioii Ixxiks were (‘arried out to accoiniiiodate some of the friends 
of the eontestee, and men and women were standinjr tliere, all together, unable 
to vote, although, he it said to the ei’edit of Xoi’th ('arolinians they gave to the 
women suoh lU'eference as tliei'e was. Still they were hindered ami delayed and 
the sunset eame and found hundreds of voters standing there without a (‘hanee 
to vote, the eleetion having been opened an hour or hour and a half after sun¬ 
rise, the time the law recpiired. 1 eharge that a brief examination of the 
record will show that the conspiracy was deep laid and that it was skillfully 
and almost scientifically carried out, and carried out to the detriment of the 
contestant. 

Mr. Cable. Had the eontestee any knowledge of this conspiracy or any part 
in it. 

iMr. Hhitt. I have no means of knowing, and I do not charge that he per¬ 
sonally had anything to do with it. 1 shall not dwell at greater length on 
the Stanly County consi*iracy. 1 want to say that there were half as many 
again voters in several democratic precincts and they had no trouble whatever 
in voting. Let me name sonu* of them. Over at Center precinct, largely Demo¬ 
cratic, Mr. Doughton carrying it by a large majority, the number of voters 
was greater, hut they had all voted ])racfcally before the middle of the after¬ 
noon. Cp at Statesville, in ])recinct No. the number was l,f)00, and they 
all A'oted. There was no complaint there. At Saulshuiy the number was much 
greatei'. They were all Democratic precincts, and they voted without any 
hindrance at all. Clearly any reasonable inspection of this record on this 
point ought md to fail to convince you and eacli of you that there was a plan 
made to deprive the contestant of a large share of his votes in those two pre¬ 
cincts, and that he was defrauded by s(nnething like 2-10 or 2r)() votes. 1 ask 
now that the number of 244 votes thus prevented the right of voting for Mr. 
Campbell, as well as those denied Mr. Doughton, he added to the votes of the 
contestant and the eontestee respectively. 

Mr. Nelson. Of course, these votes' were lost generally to the Hei)uhlican 


Mr 

:Mr 

wei-e 

Was 

Mr. 


Party? 

]Mr. Britt. Yes, sir. 

Mr. Nelson. To the national electors as wejl as to the local candidates? 

. Britt. Yes. sir. 

Nelson. Was there anything to show that the friends of ]\lr. Doughton 
more active than Democrats generally for the whole Democratic ticket? 
there anything specially hearing on the Congressional situation? 

Britt, t think T may safely say from the record that they were more 
active in the interest of Mr. Doughton, because it was generally understood 
that the State would go for Mr. Cox and no very great tight was made on that 

Mr. Cable. On page 18 of your brief you say “Names of voters denied privi¬ 
lege of voting for contestaiit by means of this conspiracy are as follows:” 
and then you cite the names of a large number of voters—2G4 voters. 

Mr. P>RiTT. Yes, sir. 

AVere they all Be]mblleans? 

4'he 264 that were denied? 

Yes. 

I think 24 were Democrats. 

And the balance were Keiniblicans? 

mr. i^iuii. The balance were Kepuhlicans. T am asking that those allowed 
to Congressman Doughton as well as the others he added to their ^ote, respec- 

Cable. Does your record show that they desired to vote for Mr. Camp- 

^^Mr Britt It does. :Men testified that they were denied the right to vote 
and swore that they intended to vote for Air Campbell 

Mr HiiowN, Is that the only instance in lliat comity . . , ,, , 

Mr Kwitt Yes sir I next call yonr attention to the rejiistratioii inetliorts. 
It\yas tlie I'lOlicy’of the reffistrar to favor Peniocratic men and women in the 
re-isfi-ition over and ahove iteimhiican men and women in the reKistratioii. 
m nV se^it that is true from the record. So far as the registration at the 
if^i g ^aces cmicerned. they who a,.plied were registered, hut oti all the 
,S of the •'() other than the 4 Saturdays the registrar was not renmred to 
i n ‘it the m I '^Ilaces. He took his hooks and traveled over the precinct 
hLid ,i Iteinocratic men and women and registered them for their 


Mr. 

Air. 

Air. 

Air. 

Air. 

Air. 


(b\BLE. 

Britt. 
Cable. 
Britt. 
( ’able. 
Britt. 


14 


{’AMPBELL VS. DOUGHTOX. 


convenience and passed by Kepnblican men and women and failed to register 
them. And yet this registrar in North Carolina is an officer of the law. 

He is sworn impartially and honestly to perform his duty in the conduct of 
the election. Yet here are the instances, tlie citations in the record covering 
two pages of this brief, in which the registrar in many instances Jiimself says, 
“ I thought mj’ service belonged to the Democratic I’arty,” and “ I thought I 
had it in my province outside of these four days that I had to be at the polling 
place to look out for the interests of my party.” And yet he says, I was paid 
for my services.” How was he paid? He was paid out of tlie common treasury 
of the county. Who contributed to that common treasury? Kotli Republicans 
and Democrats. Yet he forgets his oath and serves one side to the neglect of 
the other. Women came into the election for the tirst time and in rough 
places in the country it was not easy f(U' them to go to the polls. Going to 
the houses by the registrar was a very gracious and gallant thing to do, if 
he was a disinterested and honest man and went to all alike, Republicans and 
Democrats, regardless of how they intended to vote. But he did not do that. 
In some instances 25 or 40 or 50 men and women were registered away u]) 
in the hills and valleys, friends of the contestee. and not one even who was for 
the contestant. How many of those were prevented from voting I do not know. 
I know that many women and many men did not register to vote, and if the 
registrar had acted impartially instead of partially, as he did, we have every 
reason to believe, and you have grounds legally to infer, a large accretion to 
the vote for the contestant, IMr. Campbell, would have been miide. 

Mr. Could the registrar go out lawfully in this way and register the 

peoide ? 

Mr. Britt. 1 thiid\ he could go out lawfully. There is no inhibition against 
it. But if be caii go out lawfully, be can not claim the right to reg’ster A and 
not register B. 

Mr. Browx. Did be go by any of the houses of Reimblieans and refuse to 
register them? 

Mr. Britt. Yes, sir. 

Mr. Cable. Did that deprive anybody of the right to vote? 

IMr. Britt. It may have, especially in the case of some voters in delicate 
health. 

Mr. (Ublk. Did they have a right under the law to ask them to come to 
their houses if the.v were ill? 

Mr. Britt. There is an instance in the re(*ord where they were ill and asked 
him to come and he did not come. There is more than one such iii.stance in 
the testimony. 

I call y<ui attention to that, gentlemen of the committee, because it indicates 
a i)uri)ose I think it ind.cati's a pnrj^)ose, and 1 am arguing it. not stating if as 
a fact—it indicates a inirpose to use the election machinery, to use the election 
laws, to eidiance the interests of the contestee and. negatively, to defeat the 
interests of the contestant, and it had that effeid at the election! 

Mr. Nelson. Was there anything to show a special activity on the part of 
the Democratic registrar to he!]) in the congressional electioii rather than in 
the general election? 

Mr. Britt. Most certainly, to show their interest in their ])ai-t.v. and the 
interest in the party seemed to center around the (Congressman. 

IMr. Brown. Was there any tight in any district? 

Mr. Britt. There were several tights. The county elections were held at the 
same time. 

Mr. (’ABLE. How many votes do you claim that you lost bv the action of the 
registrai'? 

Mr. Britt. I do not claim a definite number. 

Mr. (!able. How can the committee act then? 

Mr. Britt. Again I am asking that the committee will take into considei’a- 
tion the methods, and the proof of specitic instances that 1 am now' ‘»-oin‘' to 
name. 

Mr. Nelson. But .vou know, Mr. Britt, that that is characteristic of partv 
government. Dven the President of the Pnited States will have more zeal for 
part.v welfare. In other words, discrimination will result. 

Mr. Britt. Ibe.v will have more zeal, but zeal ought to sto]) shoi't of viola¬ 
tion of the law, and it does stoji short of violation witli all honest men. 

Mr. (’lark. Was there any evidence of the registrar not .going to anv iiar- 
ticular man? AVas there any violation of the law in that? 


(’AMPBELL VS. DOUGHTON. 


15 


Mr. 

:Mr. 

Mr. 

Mr. 

Mr. 


iKuiestly find impartially to oon- 

diict the election, and he did not lionestly find impartially conduct it. 

Mr. (.LAKK. You mean to register the voters*^ 

Mr. Britt. Yes, sir. 

Clark. There were four days prescribed by the law for registration? 
Britt. Yes, sir. 

Clark. At which times people could go there and register‘d 
Britt. Y'es, sir. 

( lark. Now. if be saw fit to take his registration book at any other time 
and go find legister somebody else without going and hunting up everybody in 
the community, where is that any violation of the law? 

iNIr. Ihuii. ^\ ould it not be a violation of his Ofith to honestly and impar¬ 
tially register the voters? For instance, A is registered. Both B and C 
are eciually entitled under the law to be registered by him. He is jiaid out of 
the public treasury and he is sworn to administer the law to fill alike. He 
traveled 12 miles to register A and pas.ses b.v’ B find fails to register him. 
There could not be a more siiecitic violation. 

Mr. Clark. M’here have you any such violation? 

Mr. Britt. I have no instance in mind of that exfict number of miles. 1 gave 
that as an illiistrfition, but we have instances where they passed Kepublicfins 
by again and again. 

Mr. (’LARK. On a request to go and register a v’oter? 

Mr. Britt. In many imstances on request, but generfilly this wfis the iilan : 
A friend or partisan of the contestee vv'ould go over the district and register 
those fav’orable to him and pass by those not ffivorable to him. In many 
instances it was done in the nighttime. 

Mr. Nelson. This was merely voluntary? It was not a part of his duties under 
the law to do this? 

Mr. Britt. It was his duty under the law to register all persons. 

Mr. Nelson. When the.v’ came to him? 

Mr. Britt. When they came to him. 

' Mr. Nelson. I want to get that clear. 

Mr. Britt. I shall be delighted to do my best to clarify it. 

Mr. Nelson. That was voluntary on his part to go out and help these people? 

Mr. Britt. Y"es, sir. 

Mr. Nelson. He could have stayed home? 

Mr. Britt. Certainl.v. 

Mr. Nelson. And if he had stayed home on those oflicial days, he was doing 
his duty under the law? 

Mr. Britt. If he stayed home and registered only on those days, that was all 
right, but if he went out to regi.ster he should have registered all alike. 

Mr. Brown. Was he expected to circulate around there? 

Mr. Britt. Oh, no. 

Mr. Brown. Is that particular statute in the i-ecord? 

Mr. Britt. There is a statute that prescribes the duty of registrar. 

Mr. Brown. It is in the record? 

]\ir. Britt. Y"es; I have set it out in the record. Now, I ]»ass to the specific in¬ 
stances in the third ward of the city of Statesville, and I move that the commit¬ 
tee recommend to the Flouse that the entire vote of Statesville precinct No. 8, 
in Iredell County, be thrown out and not counted, either for the contestant or 
for the contestee, for the reason that in more than a dozen particulars the elec¬ 
tion vv’fis unlawful and was no expression of the electonil will. 

The Chairman. Is that expression in your notice of contest? 

Mr. Britt. That is in the recoixl. 

The Chairman. In your notice of contest do you ask that that be done? 

Mr. Britt. I ask that the whole of Iredell County be thrown out. 

The Chairman. Is that in your jirinted brief? 

]\Ir. Britt. Y"es. These are the reasons: The judges of election of the third 
jirecinct were not sworn; it is doubtful whether the registrar was sworn. They 
could hold no election for the reason that they were not officers. They were 
unofficial persons, and therefore could not hold an election. That is the first 
ground uixm which I ask that this entire vote be thrown out. The contestee’s 
friends, the managers of the election, denied to the friends of the contestant 
the right to take a copy of the registration book so that they could conduct their 
challenges. Here were .some 1,0(X) votes. There were many challenges by the 
friends of the contestant. 

Mr. Clark. In what county? 


IG 


('AMPBELL VS. DOUGHTO^’. 


Mr, Hiutt. In Iredell (\»unfy. The Satnrdjiy before election was challenj^e <lay. 
How could they challenji'eV They had no list. They asked for a copy. They 
were entitled to a copy if they paid for it. They offered to pay it; the.V did 
not ji'et it. The result was that challenjies were denied; there were no chal- 
lenji'es sustained; nothing was done with the challen,u:es that were made 'by 
Uej)ul)licans. 

Mr. ('LAUK. On what pa.ae of the record is that shown V 

Mr. BaiTT. I am speakinir now of i)a,ues 241, 2(59, and 2S0. 1 will haml you 

this brief later. They opened the election before the Republican .iudge came 
and ])roceeded with the election, before sunrise, while the law says it shall 
open at sunri.se. Heiv it was that the ]»icture to which I have referred was 
twice put up and resulted in a row and much disturbance duriiif; the day, and 
one of the Rei)ublican workers beinj; chased away from the polls, John G. 
Lewis, of ('ounsel for the contestee, and chairman of the Iredell (\)unty hoard 
of election, did not administer the oath to the absentee reuistrants whose names 
were put ui)on the I'etii strati on book, and also declared that thei'e was a doubt 
of race as to the Rei)ublican presidential candidate. Aftain and again were 
there violations; no return of absentee votes; the registrar of election refused 
a coi)y of the registration book to the contestant; here the total vote was 1,180 
for Doughton and 680 for (lami)bell. I ask that the vote of both be stricken 
from the vote given by the State board of canvassers, for the reason that no 
man under heaven knows who voteil in the third precinct of Statesville, and no 
man could know. They who pretended to hold the election do not know. 

Mr. (T.akk. ('an you give me a reference to the page where they refused to 
give a coi)y of the registration book? 

Mr. Rkitt. It is in the testiiiKuiy of J. INI. Sharp. Now, further in regard to 
this precinct. In relation to the returns of the absentee vote, thei’e was a failure 
here to return and pivserve both ballots and certilicates, but with the discus¬ 
sion of the absentee vote in this precinct I will discuss the whole absentee vote 
of the disti'ict. How much time have 1 of my 1 hour and 20 minutesV 

The ('riAiKMAN, Eighteen minutes. 

Mr. P>HiTT. Now. if the committee will give me their attention on that point 
we may arrive at something very definite, indeed. If you will notice the returns 
of the i)resent vote, the present vote of the whole district, you will find that the 
vote for ('ampbell was moi-e than eipial to that of Doughton. 1 assume that the 
very energetic partisans of Mi-. Doughton exerted their best efforts and put 
their l)est foot forward to secure both the present and the absent vote. And yet 
in the ju-e.sent vote in the district, notwithstanding these strenuous efforts by 
the friends of Mr. Doughton, ('ampbell’s jiresent vote is a small percentage 
greater than Doughton's. 

Rut when you come to the absentee viUe no one living knows how many votes 
were cast in the district, for the reason that the registrar and the judges of 
election failed to conpdy with the law in i>reserving the liallots; but the regis¬ 
trars and judges did testify that a certain number of absentee votes were cast 
that they knew of, but they never testified that these votes were all the votes 
that were cast by absentee voters. Of those that were cast—1 want to read the 
exact ligures, if 1 may—and ])roved to be cast, Mr. Doughton received 1.596 and 
IMr. Camiihell received 201. Mi-. Doughton receiving a majority of 1.895. How 
did this comeV Here is the same contest of energy for the present vote and-the 
absentee vote, and (’ami)hell gets more than Doughton in the present vote. 
Rut here is an unknown (luantity entering for Doughton ; nobody knows where 
it came from and no one ever will know, and while ('am])bell gets 201. Dough¬ 
ton gets 1.895. Why did we not count those votes to see just how many 
were cast for the candidates respectively? Recnuse the ])oll holders, the regis¬ 
trar, the friends and workers of the contestee, denied us the privilege by failing 
to observe the law, failing to obey the law in keejiing and returning the certi- 
cates and ballots so that they could be counted. 

Mr. Nelson. In the counting of these ballots were there not Republican 
otficials to i)artici])ate in the actual count? 

Mr. Rrttt. There was one Republican judge at each iirecinct, it is true, but 
there were two Democrats against one Reiniblican in every instance. 

Mr. Nelson. T know, but there was an oiiportunity for that Republican to 
protest against the count. 

RaiTT. And he did protest, but without avail. 

Mr. Nelson. Another question. Was this majority well distributed through¬ 
out a precinct or was it bunched in some precincts? 


('A.MPBELL VS. DOUGHTOX. 17 


It was fiaiiul in dilfei’ent precijicts, l>iit not in any great niiniber 


any 


Mr. Britt. 
of precincts. 

Mr. Nelson. Have yon anything in tlie record to sliow that there was 
conspiracy to increase iNIr. Houghton’s nia.jority in that way? 

Mr. Britt. We have in the record methods that have* tlie color of a con¬ 
spiracy, and I propose to name some of them. 

Ml. C*vjiLE. M ere yon ahle to get hold of a list of these absentee voters and run 
them down and see how they voted? 

IMr. Britt. Only as stated’by the poll holdei-s. 

i\Ii. Sanlers. Of the votes actually cast and counted, what is your contention 
as to which one of the candidates received a ma.1oritv of those votes? 

Mr. Britt. Of the present vote? 

Mr. Sanders. \es; of the votes a(-tually cast and counted; who received a 
majority ? 

Mr. Britt. Of the i)resent votes? 

Mr. Sanders. I mean of all the votes that were counted in the determination 
of the tinal result—who received a majority? 

Mr. Britt. In the district? 

INIr. Sanders. Yes; in the district. 

Britt. I maintain that Campbell received not less than 1,000 majority. 
Sanders. \ou think that (’ami)bell received 1,000 majority in the district? 

Mr. Britt. Yes; and even more. 

Mr. Sanders. Then, if that is true, these matters of the circulation of pictures 
and literature did not, as a matter of fact, affect the.actual result, but it is a 
question of framl? 

Ml*. Britt. They affected the election, but if (/amiibell had got the votes that 
were actually for him, he would have been elected by 1,000 or more. 


iNIr 

Mr. 


Mr. Sanders. You contend that he was elected by at least 1,000 votes? 

Mr. Britt. I contend that he was elected by at least 1,000 majority if the 
votes had been returned as cast, and I claim that the chief discrepancy was in 
the absentee vote. In other words, in answer to the (piestion, “ Have you an.v 
proof of conspiracy?” let me give you some facts in the record. iNIr. John (1. 
Lewis, who has been of counsel for the contestee, and was chairman of the 
county board of election of Iredell County, quit registering voters in his county, 
which was the extent of his jurisdiction—his bailiwick, and he had no other— 
and betakes himself to Washington, in the District of Columbia, and there, 
outside of the State, -103 miles away, he registers absentee voters without 
swearing them, man after man and woman after woman, and their balhds go 
back into the State of North Carolina by mail and are counted for Doughton. 

Mr. Carle. There were about 25 here in Wasliington? 

INIr. Britt. I do not recall the number. There were quite a number. 

Mr. Brown. Did they get most of the absentees in Wasliington? 

Mr. Britt. They received most of the so-called AVashington absentee vote. 

Mr. Carle. The vote in Statesville was 322 for Doughton and 14 for Camp¬ 
bell. Does your record show anything about that? Does the record show that 
you put the Beiuiblican members of the board of elections on the stand and 
hand them testify concerning the particular ballots? 

Air. Britt. Y'es; they testified, and the Democratic registrar also testified. 

Air. Carle. And did the Kepublican protest as to the count? 

Air. Britt. Yes, sir. Now, I want to take a legal view of this absentee vote, 
and I want to move that the committee report to the House that the entire 
absentee vote be thrown out as counted, both for Campbell and for Doughton. 
Why? There was no means under heaven of knowing who voted. There was 
no means of knowing whether they were voters. It is in evidence that men and 
women who had been out of the district and State for years, men and women 
who had simply been residents of the State at some former time, and yet 
they were put down as absentee voters, and were counted evidently by Air. 
Doughton, because the increased vote came by the absentee route, while the 
present vote had an excess for Campbell. 

The Chairman. In the enforcement of the taxation laws of my own State 
it is not unknown for men to be assessed from warehouses and stables now 
occupying the site of residences occupied 20 or 30 years ago by persons who are 
now away from the State. They are treated as still residents of the State, 
being absent abroad or in other parts of the country. Do you contend that 
long absence over y^ears, per se, proves loss of domicile? 



04789—22 



18 


CAMPBELL YS. DOUGHTON. 


INIr. Beitt. Let me be understood in the answer to that question. I contend 
that, under the laws of our State, that a man’s place of voting is where his 
family lives, if he is a married man, and where he sleeps, if he is a single man; 
and individuals that do not come under one of these heads are not quaPfied 
voters, whether Republicans or Democrats, for the reason that the statute 
says that the residence of the married man (and now of the married woman) 
shall be where his family resides, and that of the single man (and now of the 
single woman) where he sleeps. 

Persons residing elsewhere were not qualified voters, whether Republicans 
or Democrats, for the reason that the statute says that one must be a bona fide 
resident of the precinct or of the election district where he proposes to vote^ 
and it defines the residence of a married man as being where nis family resides 
and that of a single man as where he sleeps. Consequently, one residing in the 
District of Columbia could not be a voter in North Carolina. 

It says that the residence of a single man shall be where he sleeps; that is, 
that these unmarried voters must vote in the precinct where they sleep. 

Mr. Clakk. Do you mean that under that people coming to Washington and 
securing a position in one of the Government departments from North Carolina 
can not retain their citizenship in North Carolina? 

Mr. Britt. Citizenship is another question. 

Mr. Clark, Well, they can not retain their right to vote then? 

Mr. Britt. I maintain that the statute means what it says. 

]Mr. Clark. I would like to get clear on that. If a man from your State 
comes here—from North Carolina—and accepts a posit'on in one of the depart¬ 
ments, he is excluded of his right to maintain his citizenship and his right to 
vote in North Carolina? 

INIr. Britt. Well, the right to vote and the right to citizenship may be differ¬ 
ent rights. Citizens are not always voters. 

]\Ir. Clark. Well, the right to vote. We will argue from that standpoint. 

INIr. Britt. All right- 

The Chairman (interposing). I want to find out what my status is. Three 
years ago when I was elected to this body it seemed to me that it was a matter 
of wisdom for me to sell my house in the city where I lived, and during that 
three years the fates have kept me here nearly all the time. Have I, by law, 
lost my residence in the district, under that construction? 

IMr. Britt. That depends entirely upon the construction of the laws of your 
State and your constitution. I do not know what is the law in your State or 
what your constitution is on that point. Being only temporarily away on a 
l>ublic errand, I should say you are undoubtedly a voter. 

The Chairman, Would it not, under the general laws of domicile, be covered 
by a man’s intention? 

Mr. Britt. Under the general laws of domicile you would not lose your vote, 
but the general law of domicile is frequently changed by the local statutes, and 
residence for voting is governed by statute in North Carolina. 

The Chairman. Would you say that the situation has been changed because 
iny wife saw fit to move to the District of Columbia with me? 

Mr. Britt. I could not answer that question without knowing the statutes of 
Massachusetts; but as you are merely away as a public agent, you are un- 
doubtedlj^ a qualified voter. 

The Chairman. Yes; but I understood you to say that a man’s residence 
Avould be considered as being the place where his family resided. If his family 
was out of the State, therefore his residence would be out of the State. 

Now, if that same law was in effect in Massachusetts, because my wife came 
to Washington with me we would lose our rights of residence in Massachusetts. 

Mr. Britt. No; I am assuming that you are a transient in Washington, and 
the presumption is that you are here from your State on official business as a 
Representative of your district in Congress. 

Here is the statute as to a man’s voting residence in North Carolina, and we 
did not make this statute. It was put on the statute books by the representa¬ 
tives of the other side. The law in North Carolina is that the residence of a 
married man—and now of a married woman—shall be where his Limily resides, 
and that of a single man—and now of a single woman—where he sleeps. 

According to that law a man’s residence—a married man’s residence—is where 
his family resides, and the residence of a single man is where he sleeps. 

Mr. Clark. It is all a question of residence. 

Mr. Wilson. That is just a case that is covered by statute so far as North 
Carolina is concerned and would not affect anyone else. 



CAMPBELL VS. DOUGHTON. 


19 


Mr. Britt. No, sir. 

Mr. Wilson. That would not affect the residents of other States? 

Mr. Britt. No, sir. 

IMr. Wilson. That would only affect residents of the State of North Carolina? 

Mr. Britt. Yes, sir. 

Mr. Wilson. But now in addition to that, that has reference to a man going 
from a community to reside permanently within some other State. 

Now, in addition to that, you have a law down there regulating'and authoriz¬ 
ing people who are absent from the State, who are inhabitants of the State, au¬ 
thorizing them to vote as absentees? 

Mr. Britt. But that is only for temporary absentees. I do not refer to 
temporary absentees. 

Mr. Wilson. I take it that the chairman would be considered as temporarily 
absent and that would not apply to him. 

Now, there is another question in connnection with that, and that is a very 
important part of your statement, and that is that they are entitled as ab¬ 
sentees to vote. You have a statute which authorizes those people who are 
absent on account of official business and other business, students in colleges, 
etc., and those men in the service, whereby they may vote by mail? 

Now, you make a statement that this entire vote should be rejected and 
thrown out by this committee. 

Mr. Britt. Yes; on the ground of no returns; no returns of ballots. 

Mr. Wilson. On the ground—but that relates to the election of officers. But 
is there not a record anywhere of evidence to show whether or not these people 
east their ballots and who they were? 

Mr. Britt. That requirement was not complied with. 

iNIr. Wilson. Is that in the record? 

Mr. Britt. Yes; those cases are given, but in no case could they go on the 
registry book or on the poll book unless they were qualified voters, and they 
are not proved to be qualified voters. 

Mr. Cable. You say that they were not entitled to vote? 

Mr. Britt. I say that most of them were not. 

Mr. Wilson. And you say that you have here some 2,(KX) votes that are void 
under the statute of North Carolina? 

Mr. Britt. Yes, sir. 

Mr. Cable. And those votes were counted in the election ? 

Mr. Britt. Yes, sir. 

I^Ir. Cable. Now, is it your contention that they are illegal ? 

Mr. Britt. It is. ^ 

Mr. Cable. That all of these votes are illegal; -none of these people were 

qualified to vote? , , ^ ^ ^ i .c 

IMr Britt. I contend that those votes should not have been counted for 
either Some of them were no doubt qualified voters and had a right to vote 
as absentees, but the whole election as to absentees was so conducted that it is 
imposs ble to separate the legal from the illegal, and you can not determine 
what the true result of the absentee vote was, because they have not kept the 
ballots They have failed to comply with the statutes, w'hich provide that they 
shall be kept six months or longer. They have not kept the. ballots and con¬ 
sequently it is not possible for anyone to determine how the votes were cast or 
how many there were of them. 

Mr Wilson Let me ask you if you have any papers or any record or if any 
testimony was taken showing the localities where these people were supposed to 

live? 

Mr. Britt. Yes; certainly. 

Mr Wilson. Where was that shown? 

Mr. Britt. But it was not indicated on the ballots. 

Mr! Wilson. How is that? 

Mr. Britt. But it was not shown on the ballots. 

ATr Wilson. Where are the ballots now? 

Mr Britt. The ballots were not marked to show, and it was not shown on the 

roHiriis that they were absentee ballots. ^ ^ u 

w" Btown The Inw requires that the returns he separated and that they be 

certified to by the judges? 



20 


CAMPBELL VS. DOUGHTON. 


INIr. P.iuTT. (Vrtniiily; there iiuiy he nothin^;- illepil on the part of the voter. 
He may he a le^al voter, that is true. 

]\[r. Wilson. Now, you take the stand (hat certain of those ballots are ille^^al 
and that there is a burden upon him to sliow the illejiality of those ballots, ])ut 
that that can not be done because they can not be sifted out. 

Mr. Britx. That is the qiu'stion ; it is one of identity. You can not determine 
who was entitled to vote, and what votes were ie^tal because fhei-e was no return,, 
so that they could be shifted, counted, and texted. 

Mr. W11.SON. But you can not de[)rive these people who are entitled to a vote 
of the right to vote because of neglect on the part of officials. 

Mr. Britt. But it must be establislied whether they were entitled. 

Mr. Nelson. By “ return ” I would like to understand what you mean. The 
votes were actually taken by ca.nvassers, were they not: and here is the result 
that you complain of, that the evidence of the votes, the ballots themselves were 
not preserved. 

Mr. Britt. The law says that they should be kept. 

Mr. Wilson. You complain that the ballots were not returned, and were not 
kept, so that you could determine this count. 

INIr. Britt. Certainly it is not possible for us to have a count. 

Mr. Wilson. The le^d ballots were counted and a retuiTi made, but the ballots, 
were not kept; is that what you mean by the return? 

Mr. Cable (interposing). The presumption is that they are ail right, unless 
there is evidence of fraud, is that not correct? 

Mr. Britt. I do know that, under the laws of North Carolina, no man is en¬ 
titled to vote unless he can clearly show that he is legally entitled to vote. 

Mr. Cable. But when he does show, then it is presumed that his vote is legal 
and that is all that is necessary unless the election is contested. 

]Mr. Brown. I understand that you raised the question that you could not tell? 

Mr. Britt. Precisely, 

Mr. Brown. There was no doubt but that the vote was counted, but you can 
not tell whether there was fraud or not. 

Mr. Britt. Yes. And the fact that there were 10 or 15 absentee votes counted 
for the contestee to 1 for the contestant, when the present votes were about 
1 to 1, indicates that the votes were not i)roperly counted or legally cast. 

Mr. Cable. Were both sides active in procuring the absentee votes, or just 
one side? 

INIr. Britt, rolh sides were active, 

Mr. Cable. IVers both sides equally active or were the Democrats more 
active? 

Mr. Britt. They were possibly more active generally than the Republicans in 
both present and absent voting. 

Mr. Cable. But did they make a specialty of getting the absentee votes? 

Mr. Britt. I do not think they did. I think they were equally active in 
securing all votes. I think they got votes wherever they could. Republicans 
also got votes wherever they could legally. 

The constitution and laws of North Carolina require that every man or 
woman who votes shall be able to read and write any section of the constitu¬ 
tion of the State in the English language. 

In the county of Ashe, particularly in the county of Ashe, the registrars ap¬ 
plied the test to the Republicans and failed to apply it to the Democrats, or 
did not apply it to Democrats in equal degree with the Republicans, to the 
detriment of the contestant and to the enhancement of the vote of the contestee. 

There is the testimony of a great number of persons on that point, but there 
is one striking instance wliei’e a woman was not permitted to register in the 
county of Ashe. It seems that she is a woman of ordinary intelligence and can 
read and write, and the registrar, who himself was unfortunately lacking in 
education, put her to some sort of test, and finally he snatched the book of 
constitutions from her and said, “ You can not register because you pronounce 
the word ‘ re-cog-nize ’ as ‘ rec-og-nize.’ ” Sonre other people told him that 
“ rec-og-nize ” was right, but the registrar said it was pronounced “ re-cog- 
nize.” 

Such were some of the tests for voting as shown in this record. They are 
not only farcical and illegal, but they doubtless demonstrate to your mind that 
the count was illegal, and because it was upon entirely illegal principles regard¬ 
ing the ballot, the fundamental upon which the rights of North Carolinians, 
as well as the rights of people everywhere in this country are maintained. 
These facts show that many people entitled to vote were not permitted to vote' 
for the contestant. 


CAMPBELL YS. POUGHTON. 


21 


Sri n u,.mv f tr Oldfield precinct, where one hilir.aheth 

ottendPri n 1 f f ^ known to he practically an idiot, having to be 

vlftri oil li. I- 'eft. "-as made a voter and 

' and accoi cling- to tlie testimony, votes for the eontestee. 

nri mrn-nMf ' an applied where the friends of the eontestee 

nf rnnl V ^ impossible application of it where the friends 

H. J vL. f pi-edoininated. It is in this record, and I ask you to read 

<-onnty, and these large precincts which cast tremendous 
imijoiities xor the eontestee ought to be inquired into and probably wholly 
uisiegarded because of evidence of the manner in which thev qualified tlm 
voters. 

Mr. Cable. How many votes did ^Mr. Campbell lose bv these methods'^ Can 
you give us that information? 

Mr. Britt. No, sir; I .can not. 

Mr. Cable. If you can not answer, how do you expect us to answer to the 
House? 


Mr. Britt. I can only cite the facts and ask you to take them into c*on- 
sideration, and I think you can make your own deductions in determining this 
-case. I can do no more. I can not tell you how many men were deprived of 
the right to vote, or how many were intimidated. I say that the numlier 
deprived of the right to vote must be large because of the manifest aim of the 
election officials to keep people from voting. 

The Chair]man. ]Mr. Britt, we have interrupted you so much and have trans¬ 
gressed your time to such an extent that I feel that you should have more time. 
AVould you like to have it now or in your rebuttal ? 

Mr. Britt. Well, I should like to have it in my rebuttal. I am suffering from 
a severe cold, and I am sorry that I have to inflict so harsh a voice on the 
committee. 

Mr. MTlson. Mr. Britt, would you like to go on until 12 o’clock and then take 
the rest of your time in rebuttal? I move that it be the sense of the com¬ 
mittee that we let Mr. Britt proceed until 12 o’clock. That would only be 15 
minutes. 

The Chairman. If there is no objection, you may proceed. 

]Mr. Cable. You are giving him this extra time? 

]Mr. Britt. I am glad to get it, and I want now to discuss the poll-tax question 
that marks this entire record and seems so largely to fill the brief of both the 
contestant and the eontestee. 

I confess frankly, as I have previously stated to the committee, that in the 
whole district it is greatly confused. We do not claim to know fully how it is. 
We have tried to ascertain, and as it appears on the other side, they seem to 
have been unsuccessful; but I think that certain important facts have been 
established, 

Beverting back to the constitution and law. Everybody had to pay a poll tax, 
that is every male voter had to pay a poll tax on or before the 1st day of May, 
the tax being assessed against him the year before. The women did not have to 
pay a poll tax. 

There was but one way to escape the payment of poll taxes. .Just one wa.Y. 
The constitution says, “ Provided, That the commissioners of a county may 
release the taxpayer from the payment of the poll tax on account of poverty 
and infirmity.” “ Poverty and infirmity.” Those are the exact words of the 
constitution, and if they* did release from payment, that is the ground upon 
which release would be had, and they must be released on or before the 1st day 
of May, 1920, to enable the voter to vote. 

I want to tell you what happened and concerning which a great deal has 
been said. The county commissioners, in order to make a release, had to 
receive the voter’s application. He had to prove two things. In the first 
place, it had to appear to the county commissioners that he was between the 
ages of 21 and 50 years and thus liable to pay a poll tax. In order to get 
relief from the payment of the poll tax, two constitutional requirements must 
be met, to wit, to show both poverty and infirmit.v. 

You must show that you are too poor to pay and infirmity preventing your 
ability to pay. 

These were the only grounds upon which any release could he made. There 
is no other way in North Carolina. 

Mr. Clark. They have to show that they are too poor; and what is the other 
one ? 

Mr. Britt. The constitution says poverty and infirmity, Mr. Clark. 


22 


CAMPBELL VS. DOUGHTON. 


Mr. Clark. Tliey had to show both of them? 

Mr. Britt. Yes, sir. Now, here is the way the friends of the contestant and 
the contestee were confronted in a large number of instances, and I have no 
doubt that the contestant and the contestee and their friends are all friends 
of the soldiers, and the county commissioners in a number of counties possibly 
resolved themselves into lawmakers and proceeded to relieve from payment of 
poll taxes a large number of soldiers, as they said. 

Nobody had any more sympathy or felt more kindly toward the soldiers or 
more interest in them than the contestant. I, as his attornej% advised him 
that he could take but one position, and that position is plain, because it is 
in the constitution and laws of your State. Your duty is plain, and as a law- 
abiding citizen you can take but one course. 

The law provided the means by which they could be exempted from the pay¬ 
ment of poll taxes. There was no other way by which they could be exempted. 

Now, what happened? Three commissioners in a county in the eighth dis¬ 
trict—let me say they are reputable men—but three commissioners get together 
and resolve to waive the solemn provisions of the constitution of the State 
and the statutes made for their enforcement, and they do waive them, and 
they proceed to go through some form of judicial determination and release 
hundreds of men required to pay tax and say that .they shall be permitted to 
vote at the polls as a result of these releases. 

Now, I need not argue, INIr. Chairman and gentlemen of the committee, that 
however tender we may be in our feeling toward the soldiers—and no one 
feels more tenderly toward them than I, for 1 sent two sons, and one was left 
on the field—but neither they nor 1 could waive the constitution—the solemn 
provisions of the constitution of the State. Yet these gentlemen prie,sumed to 
do that. It indicates a purpose on tlieir part to carry the election by methods 
not legal in my State or any other State. 

Mr. Nelson. Was this under any particular agreement? I am not addressing 
myself to the agreement. 

]\Ir. Sanders. I would like to have an answer to that question. I would like 
to know, because as I understand both sides waived that. I want to know the 
fact. 

Mr. Britt. No. 

Mr. Sanders. They did not? 

Mr. Britt. In the county of Iredell there was some sort of a gentlemen’s 
agreement between the management of the Republican Party and the manage¬ 
ment of the Democi-atic Party. We make complaint about the poll tax in that 
county, but that is one county only in the district. There was no such an agree¬ 
ment made in any other county, and the contestant. Dr. Campbell, was not a 
party to it, and if he had been a party.to it he would have no power to waive 
the. constitutional provisions or the laws of North Carolina. That could not 
have been done by any party or any set of men. No one could be bound by it. 
AVhat we are contending is that no three commissioners are able to gather at 
the courthouse at Statesville and say that they will change a solemn provision 
in the constitution of the State of North Carolina or a provision of law or 
waive it. They do not have the power to do that; yet that is what they at¬ 
tempted to do. 

Mr. Wilson. They are agreed as to the legal proposition that these county 
commissioners—county precinct commissioners—could not waive the law, but 
this record shows, or rather I came to the conclusion that in some counties, 
probably the party management of both parties—Democratic and Republican— 
had a gentlemen’s agreement or understanding or waiver that no poll tax re¬ 
quirement should be enforced or exacted at this election, and that stood until 
after the election was over. 

Mr. Britt. There was one county where that agreement was made, but the 
county management could not bind the congressional election; besides, the con¬ 
testant was not a party to it. 

IMr. Wilson, Well, I did not make the statement that the contestant or the 
contestee were parties to it, but I understand that the agreement was made by 
the party management. 

IMr. Britt. By the local pai'ty management; yes. 

Mr. Cable. Do you feel that that vitiates or would it make the ballots sub¬ 
ject to challenge? 

]\Ir. Britt. It would make them subject to cballenge; and, if the requirements 
were not met, it would vitiate the ballot. That is the way it appears to me. 


CAMPBELL VS. DOUGHTON. 


23 


vof(^(V process as to the luiniber who 

tain how Hiey v„te'n " ^‘'^*‘^-'■'’‘‘“'1 ''aWnvfnll.v-an,! in yoni- elfoit to ascer- 

^'^Lv far on behalf of the contestant. 'We sub- 
Si‘rico''o7n''' ^>0 ii;en in Iredell County. About 300 api)eare(l and 

votPP w ^^\ore that they had not paid their poll taxes, and that they 

sotop ininti hundreds had tax receipts, as it tui-ned out, and 

some hundietls ot others did not appear. 

IMr. Clark. ^Vhat county was this? 

Mr. Britt. Iredell. 

Nelson. Following up Mr. Cable’s (luestion, was it a matter of definite 
pi oof that about 103 was the number? 

Mr. Britt. About 103. 


Mr. Nelson. About that many voted for the Democrats? 

Mr. Britt. Yes. 

Mr. Nelson. That would be the proof, of course, of the number of men that 
voted that were not entitled to vote; and you have reached that conclusion, 
then, that because they had not paid their poll taxes, they were not entitled 
to vote, and you have endeavored to get the proof as to whom vote(P 

IMr. Britt. Yes. 

Mr. Nelson. And, in this matter, the proof that some 160 voted? 

Mr. Britt. Yes. 

Mr. Sanders. How many voted unlawfidly for Mr. Doughton? 

Mr. Britt. I have some figures here to submit on that point. 

The Chairman. Mr. Britt, before you pi*oceed with your statement, I would 
suggest that we confine ourselves for a moment to the question of the soldiers. 
M^ould you suggest that there was any partiality or discrimination in the appli¬ 
cation of this agreement or rule in relation to them? 

Mr. Britt. As 1 understand it, there was a so-called agreement, Mr. Chairman. 

The Chairman. I am speaking of all through the district. 

Mr. Britt. There was no party management agreement in any other county, 
Mr. Chairman. 

The Chairman. I think the record shows a general tendency all through the 
district to permit the soldiers to vote regardless of whether they had paid their 
poll taxes or not. 

Mr. Britt. Both jiarties to the election permitted them to vote in the county 
of Iredell. I do not know of other agreements by local party managements. 

The Chahoian. Then, throughout the district the soldiers were permitted 
to vote regardless of the fact that they had not paid their poll taxes? 

Mr. Britt. That seems to be true in many places. 

The Chairman. And you are calling our attention to the fact that this was 
a waiver of the constitution? 


Mr. Britt. Yes, sir. 

The Chairman. Will you then proceed to suggest to the committee what 
would be the result of the waiver of the constitution by all parties? 

Mr. Britt. Yes. The waiver by the heads of county management relates 
simply to a waiver of the requirement for the payment of poll tax. That is 
all there is of the waiver. And the agreement, as I say, means that the 
county management and the county officers waived the payment of the poll 
tax. That appears in the record. The contestant did not assent to it; he 
could not have assented, as he knew that it could not be lawfully waived. 

The Chairman: But the record shows that the agreement to which you 
refer was an agreement in regard to the payment of poll taxes generally, and. 
I am trying to restrict my questions for the moment to your suggestions that 
the general waiving throughout the district of the requirements in the matter 
of the soldiers was unjustifiable and in direct violation of the Constitution. 

Mr. Britt. Yes. 

The Chairman. Now, assuming that the record shows a general waiver of 
the Constitution in the matter of the soldiers, what is the inference which we 
should draw as to the legality of the election? 

IMr. Britt. The whole of such vote would be illegal, but there is no record 
of a general understanding of that kind. 

The Chairman. Is it not a fact that all through the district the soldiers 
were excused from paying poll taxes? 

Mr. Britt. They were in individual instances, hut ^bere was no general 
understanding of a public waiver. 


24 


CAMPBELL YS. DOUGHTOX. 


The Chairman. It is my uiiderstaiKliiij? froiii the rec'ord that the Attorney 
<j!eneral was consulted in regard to the matter, and I understand that he took 
the position that the agreement was satisfactory with regard to the soldiers. 

Mr. Britt. Yes. 

The Chairman. Well, the Attorney General took the position that it was 
legal, and I understand from the record that there was a waiver generally 
throughout the district. 

iNIr. Britt. No ; 1 do not understand that to he the case. Will you permit 
me to explain that liere? 

The Chairman. That is what I am trying to confine you to. that one thing. 

Mr. Britt. All right; I shall he delighted to answer the question. There is 
one locality where—in Ii-edell County—in whicli the party management, not 
th.e officers at all, but the local liepuhlican and Democratic county chairmen, 
agreed to waive the payment of poll taxes. 

The Chairman. I do not address myself to that. What I have in mind is 
the waiver with regard to the soldiers. Y"ou are discussing the general situation. 

]Mr. Britt. According to the record, then, the county commissioners, who are 
the chief executives of the county in Iredell County and in a numher of other 
coTinties, undertook to relieve the soldiers from the obligation of the pjiyment 
of i)oll taxes. 

And they pi'omulgah'd some sold of a regulation and iiroduced some sort 
<tf a letter from the State attorney general in support of that contention. 

And I want to say that the censtitution and the laws of the State were not 
enacted by the minority party. They expressed the voice of the majority 
party, and it does not apiiear to us that because they thought they were go¬ 
ing to lose some votes, that they should be permitted to override the laws of 
the State, 

The Chairman. Now, let us assume for the sake of clear thinking—let us as- 
sume that throughout the district the ballot of soldiers who had not paid their 
])oT taxes was invalid under the statute- 

Mr. Britt (interjiosing). Yes. 

The Chairman (continuing). That they were excused from the i>ayment of 
])<dl taxes and that we ascertained this to have been a violation of the consti¬ 
tution— 

]Mr. Britt (interposing). Y>s, sir. 

The Chairman (continuing). What inlluence should that have upon our 
judgment as to the validity of the election? 

Mr. Britt. In my opinion, it should have the influence, in so far as it relates 
to those ballots, to treat every ballot ca.st by a voter thus disqualified as an 
invalid ballot, to be deducted from the count of Mr. Campbell or Mr. Dough- 
ton, all tliat were cast under those circumstances. That would be my judg¬ 
ment of the course that should be pursued. ’ 

The Chairman. Y'es. 

]Mr. Carle. Is it your opinion that there was no waiver of the money payment 
of the poll tax by soldiers? 

Mr. Britt. There was not; no, sir. Thei-e could be no lawfid waiver, and 
therefore no waiver. 

Mr. Carle. On ])ages 6 and 7 of Mr. Doughton's brief—I just want to call 
your attention to this brief—it says in there that Dr, Campbell, through his 
counsel, in open court stated tliat he would not challenge soldiers or sailors of 
Stanly County for the nonpayment of poll taxes. That is on pages G and 7 
of Mr. Doughton’s brief. 

Mr. Britt. I have no knowledge of such a waiver. It could not legally be 
done. 

]\Ir. Wilson. You have a legal provision whereby persons can lie exempt from 
the payment. You have a provision in your State which exempts persons from 
the payment of ])oll taxes on account of poverty or infirmity? 

Mr. Britt. Y"es; on account of poverty and infirmity; those cases may be 
exempt. 

i\Ir. Wilson. How is that? 

INIr. Britt. If the persons is exempted, it must be after and as a result of 
his own action, 

Mr. Wilson. Well, just confining this to the soldiers’ vote, you have that 
straight? 

INIr. Britt. Yes. 

Mr. Wilson. The question came up as to the position that should be occupied 
in relation to the soldiers and sailors, 

Mr. Britt. Yes, sir. 



CAZMPBELL VS. DOUGHTON. 


25 


3Ir. A\ ILWON. Til ro,uar(l to tlie i>oll-tax pavineiits. 

^Tr. Bkitt. Yes, 

iLsoN. That was passed iiji to tlie Attorney General, and lie iiassed on 
It. and lie is otticer of the State. 

Mr. Britt. Yes. 

Mr. M TLsoN. And he irave it as his opinion that those that were in the serv¬ 
ice at that time iniirlit vote without paying the poll tax. 

Mr. Brttt, Yes, 

]Mr. WiLsox. And assuming that everyone connected with this matter at that 
time, when those votes were cast, was acquainted with the conditions, is it still 
yonr contention, in view of that, this soldiers’ vote, wherever the poll tax was 
not paid, should he deducted? 

Mr. Britt. .Vhsolntely; and with regard to the letter of the Attorney General, 
there was no letter, so far as 1 know, ever written and received on behalf of the 
contestant, and while 1 have seen such, a letter, and do not claim that there was 
no sneh letter written, 1 do not think now that the attorney general of North 
(’arolina could lawfully make such a holding in the face of the constitution and 
statute of the State. 

Mr. Gable. Did yon read on page 0 of the brief of Mr. r>onghton a letter 
Avhich purports to have been written by the attorney general A]iril 13, 1920? 

Mr. Britt. That is what I Inn-e reference to. 

Mr. Gable. Yon have never read that? 

Mr. Brttt. I have said that 1 had merely noticed it. 

Mr. Glark. Yon never read it? 

Now. Mr. Britt, 1 understand that the attorney general's ruling is to the 
effec't that soldiers who were in France or Germany or somewhere else in the 
sei’vice of the United States, at listing time when they could have been listed, 
that if they had been called out by the Federal Government, the supreme 
government, and then in its service and under those circumstances, the com¬ 
missioners could relieve them from the payment of the poll tax. Now, do yon 
take issue with that, IMr. Britt? 

Mr. Britt. I not only take issue with that, but with the authority of the 
attorney general that proposed to set aside a State statute. I have no doubt, 
no donbt at'all as to the law on that point. There is just one way in which 
any person can be exempted from the payment of the poll tax, and onr posi¬ 
tion is that neither the attorney general nor any other official in the State 
can set aside the constitution or the statutes of the State. 

Mr. Clarjc. Even though they conflict with the Constitution of the United 
States, and the President acting under it in calling the young men ont and 
sending men under a draft law enacted under the Constitution by Congress, 
von think that that would not affect it? 

Mr. Brttt. T think that that question is one that could not be settled in this 
jilace^ and I would want another forum for the discussion of it. I can not see 
how it could be applied to this case. 

That is all. ]Mr. Chairman, as my time is up. 


STATEMENT OF MR. CLYDE R. HOEY, ATTORNEY FOR CONTESTEE. 

The Git.\ir:viax. Give the stenograiiher your name, please, INlr. IToey. 

]\Ir Hoey. Clvde K. lloey, lepresenthig contestee. 

Mr Chairman and gentlemen of the committee, I sincerely regret the sud¬ 
den and untimely death of Gov. Bickett, of North Carolina, denying to the 
contestee in this'r-ase the benefit of his presence, the original counsel in this 
case "to discuss this, and likewise denying to the committee the privilege of 
hearing him. He was an upstanding North Carolinian, a man Mdiom all North 
Carolina. Democrats and Republicans, had implicit confidence in, both as to his 
character, fairness, and jushce. He was the war governor in our State and 
won the resiiect and admiration of our people at that time. 

He prepared the brief filed by contestee in this case, and I can say with 
T-efei-ence to that br'ef that we can desire nothing better than that this com¬ 
mittee would 'dve it earnest consideration, to such extent as time would per¬ 
mit, in comparison with the brief filed by the contestant’s attorney, and also 
in conjunction with the recoi'd in this case. 

Since I leave had an opportunity of studying this case, I have gone thoroughly 
over every page of the evidence, and with some painstaking care I have at¬ 
tempted to compare the briefs already tiled in this case, and likewise the evi¬ 
dence as applicable to the various iiropositions involved in the case. 


26 


CAMPBELL YS. DOUGHTON. 


If the committee could have the time to devote to making a study of this 
record, I feel in absolute confidence they would say at the conclusion of this 
investigation that the present occupant of this seat, Mr. Doughton, has a clear 
and unimpeachable title to his seat in Congress from the eighth district of 
North Carolina. 

If you will take from the discussions in this case and also from the brief by 
the contestee, through his counsel, this morning, you will note that so much of 
it is founded upon generalization and so much of it is rather an indictment ot 
everybody connected with the election and those participating in it. 

I believe that it was Edmund Burke who said that you could not indict a 
whole people, and, as I understand, that has been the rule of law ever since. 
And yet they indict, the brief of the contestant indicts, and also this argument 
this morning assaults the law and its administration and attempts to show 
that everybody who participated in the election or any officer who participated 
in the election was guilty of wrongdoing. That is a pretty bold stand to take. 
They have gone over the activities of the election from beginning to end and 
undertaken to charge up and assign all of the errors or wrongdoing in this case 
to the contestee. 

Now, this morning you had a reference to the election law of North Carolina, 
which covered, in a measure, those laws. And yet I would like to supplement 
this to the extent of saying that not only does the law provide that the minority 
party shall have repre.sentatives at every stage of the proceedings, from the first 
opening day until after the ballots are counted, and the results are declared,’ 
but the individuals are not selected by the dominant party. The men represent¬ 
ing the Republican Party,*which happens to be the minority party at this time— 
the minority party happens to be the Republican Party at this time in ourl 
State—and the law provides a method by which tliose repre.sentatives shall be 
selected, just as it does with regard to the judges of elections. But the majority 
party can not select whom it pleases as its representative, but they are required 
to select men that are named by the county chairman of the Republican com¬ 
mittee in that county, and the county chairman of the minority party submits 
these names to the county board of elections, submits a list of the men, one of 
whom is named to represent the Repuldican Ihirty at this election in each 
precinct, and in no case can this board select any man that is not submitted by 
the county chairman of the minority party to be the judge of elections. It is 
not possible for them to select anyone else. 

And the Republican chairman selects some man who has an individual in¬ 
terest in the success of the Republican Party, or the minority party, and they 
put him on becau.se in each voting precinct tliey are entitled to one man, and 
he is selected there because he is a robust Republican, representing the minority 
party, and a man that is interested in the success of the cause, and generally 
interested in the party. 

And he is selected because of his standing and because he believes in their 
right, and they want him to represent them because they believe that he will 
see that justice is done. 

The Chairman. That does not apply to the registration? 

Mr. Hoky. That does not apply to the registration. That applies to the elec¬ 
tion. With the registration there is no provision under the constitution for a 
representative of the minority party. The registrars are for the most part, of 
course. Democrats. 

IMr. Nelson. But, of course, with judges of electiosi, one of them would be 
Republican? 

Mr. Hoey. Yes, sir; one of them would be Republican. 

IMr. Carle. And how large a list is submitted? 

IMr. Hoey. Three by each side. And on that list nothing is .said about how 
the selection shall Ite made, but in a majority of cases they ordinarily select 
the first man on the list. Now, we have election laws covering that, and the 
county chairmen of each committee submit lists of three men for each precinct, 
and the law is that they must take one of those men, regardless of who they are. 
If they are submitted, they must take one of them, and they usually take the 
first man on the list. 

The committee ordinarily selects and puts as the first name the man that they 
ordinarily want to serve, and in practically every instance the county board of 
elections selects the first man on that list as the representative of both the 
minority and the majority parties. 

Now, then, when it comes to the counting of the ballots of the eleiTion, that 
is covered, and they are counted by the people .selected by the Reimblicans and 
the Democrats. 



CAMPBELL VS. DOUGHTOl^. 


27 


M lien tlie various tickets are counted they are counted by men that are 
selected by the I>einocrats and Uepuhlicaii oliicers of elections to do that, and 
a Repnhlican and a Democrat is named to count them both. 

Now, the Democrat does not count by himself, does not have it under his 
direi'tion, and so every sinjile ballot cast after the election passes through the 
hands of Hepnhlicans and Democrats, and they are required to count them out 
according to the law; and if either one of them wants to see the ballots, they 
can see them. The ballots must he called out and the tallies must he made. 

Mr. (kviiLE. Do you allow inspectors for each side? 

]Mr. Hoey. They are allowed ins])ectors. They are known as clerks, but they 
are assigned to the election, and they have in addition to that people coming 
in all of the time all during the day, the whole time; and in practically every 
precinct they have Uepuhlicaii workers and others, going to and fro from the 
polls, and then, too, they have access to the voting i)laces at all times, so they 
can see what is haiipening. 

Mr. Cable. They do not count the ballots until after the voting is closed? 

Mr. Hoey. They do not count the ballots until after the polls are closed. 
That is the laile. Usually voters are coming in all of the time, and they can not 
begin to count them until after the polls are closed. It is not convenient for 
them to try to count the votes with people coming and going all of the time. 
Under the election laws they are not required to keep the ballots, but the return 
is signed up by the oflicers, by the Democrats and the Uepublicans altogether, 
and they sign that up, each man, and the hoard of canvassers make a canvass 
of the vote within three days after the election and certify the result, and that 
is the way it is handled. 

Mr. Nelson. Is that an Australian ballot? 

Mr. Hoey. No; we do not have the Australian ballot. 

The Chairman. For the henetit of the committee I might pass around the 
ballots. 

(Whereupon the chairman passenl around to the members of the committee 
copies of the ballots.) 

Mr. Hoey. Those ballots indicate whom the man is to vote for. We do not 
have the Australian ballot. 

Mr. Cable. Who prints those ballots, the county? 

:Mr. Hoey. The county and State prints them and pays for their distribution. 
Ml-. Clark. Votes foi- a Congressman are cast on a separate ballot from the 
other ballots? 

:\Ir. Hoey. They are sejiarate for the congressional vote. 

Mr. Cable. It is a case of one vote at a time? 

Mr. PIoey. It is a case of one vote at a time. 

The Chairman. Are the congressional ballots the same size and the same 
color? 

Mr. Hoey. They are the same color as all of the others, but you will notice 
that thev are of different sizes. 

The Chairman. I mean the congressional ballots. 

Mr. Hoeyl Yes; all of the congressional ballots are the same size and the 

same color and everything. . , 

The Chairyian. In reading the testimony I have noticed that many witnesses 
were dead sure that voters had cast their ballot for certain congressional nomi¬ 
nees It is not quite clear to me how the witnesses could be so positive. 

:^Ir. Hoey. Well, they could always know. Frequently the judges of the elec¬ 
tion see when they are voting, but the voter has a right to deposit his ballot 
in the ballot box,'or he can hand it to the judge to put in the ballot box in 
his place. 

The Chairman. In fact, what haiipens? i , n ^ A 

Mr Hoey In practice what happens they usually hand the ballots to the 

judges, but there are many of them, I should say—probably half of them— 

that put their own ballots in the ballot boxes. 

The Chairman. Now, with us, as I remember in the old days, when we used 
that type of ballot, men were permitted to turn the ballot wrong side np, so 

that the election officers could not see how they voted. 

Mr Hoey That is right. They can do that under our law. They have 
o-ot the ri‘dit to fold the ballot or vote secretly, hut most of them do not care, 
and they usually just take it up and stick it in the ballot box; hut they have a 

right to'vote in secret if they want to. , ,, , , i 

Mr. Cable. You have a Uepuhlicaii congressional ballot box and a Democratic 

congressional ballot box, and he asks which is which? 


28 


CAMPBELL VS. DOUGHTON. 


I\Ir. Hoev. You see tlint they cnii Like them and put them in the boxes them¬ 
selves. They have the ditferent boxes on a table. One box will be on a table 
over here [indicatinj>:l and another will be on a table over here [indicatinj;] 
and another will be over here on this table findicatinj?]. There are several 
liallot boxes. 

iNIr. Caijee. And if he is voting for the Kepnhlican candidate he will init the 
ballot in the Kepnblican ballot box? 

.Mr. Hoey. Yes; he will do that. 

I\lr. Cable. And the .Indjte may not know? 

Mr. Hoey. He does not have to. He can jLiive it to the .ind^e to put in the 
ballot box, or put it in the ballot box himself. He can do any way that he 
wa.nts to. But he can vote in secret if he wants to. 

Mr. Nelsox. He can brina: them in when lie comes in and vote then? 

Mr. Hoey. He can briim' his ballot in when he comes in and vote then. You 
.see that he can obtain his tickets, can ixet them, and they freiiuently do that 
when the.v come to vote, they will jiet one ticket for the conjiressional candi¬ 
dates, and they may jret another ticket for anothei* officer. He may vote for 
a Republican for (Vinjiress. and maybe vote for somebody else for a local office, 
and maybe vote for another party for the presidential ticket. 

Mr. Cable. He does not have to announce publicly who he wants to vote for? 

]Mr. Hoey. No; he can if he wants to. He can .net the ballots and .e:o out 
and mark them and then bring them back. 

INIr. Neeson. What provision is there for them to vote a straight ticket? 

Mr. Hof.y. There is no ]irovision at iiresent for them to vote that way. 
'I here is onl.v a provision for that for the alisentees. The voters present must 
go and get their ha Hots and vote and put their ballots in the box. 

IMr. (h.ARK. They can go outside and do that if the.v want to? 

Mr. Hoey. Yes; they can do that; they can take the tickets of both parties 
and go outside and mark whicjiever one they want to vote and then come in and 
cast their vote. 

Mr. Cabee. Do they ever stuff the ballots? 

IMr. Hoey. No; we do not resort to that practice in North Carolina. 

Mr. Perkins. They can vote either a DemocraCc or a Republican ticket, or 
they can vote a, mixed ticket if they are so disposed? 

Mr. Hoey. If they are so disposed, they can do that; yes, sir. 

IMr. Cabee. T)o the judges mark the ballots? 

Mr. Hoey. No; they do not mark the ballots; they just deposit them. If an 
absentee wants to vote a straight ticket, he says that he wants to vote a 
straight ticket, and he votes that ticket. Then, when the judge of the election 
gets that ticket, he takes the t'cket and sees that it is all right and the man’s 
name is entered and that he has the right to vote, and reads it out so that 
every man present knows that that man is voting. 

Mr. C-EARK. That only apiilies to absentees? 

Mr. Hoey. That only applies to absentees. 

Mr. Cabi.e. They always clieck uj) the liallots with the number of voters? 

IMr. Hoey. They always keeji a sejiarate list. They have one man at the 
polls that checks uj) the registry sheet, the sheet of registration to see that 
’".'hen a man comes up to vote, if he votes, that his name is down. 

Mr. Cable. How many Reiuihlican and how many Democratic voting booths, 
all together, do they usually have? 

Mr. Hoey. Well, we do not have booths. The elections are usually field 
around in the country at the stores wherever it is convenient. 

IMr. Cable. How many men jireside at a voting booth? 

]Mr. Hoey. Ordinai’ily. there is the reg'strar, one Republi(*an judge, and one 
Democratic jiulge, and then often in addition to that each side has a man keep 
a poll check. 

Mr. Cable. A Democrat and a Repuhlican. 

Mr. Hoey. Ordiuaril.v, one Iiemocrat and one Republican. Sometimes they 
only have one. 

Ati*. Nelson. With regard to an absentee voting, Avill you just tell how they 
pass upon whether oi‘ not he is entitled to a vote? 

iNIr. Hoey. \es. Now. this is the way our law provides that a man in any 
election, or anybody else, any elector wants to vote, if he is absent he ob¬ 
tains an absentee ballot. He writes to the county board of elections and gets 
the blanks, and a man can make arrangements himself for somebody to take 
Ins ballot to the polling place for him, the ballots that are sent to him by 
the board. He can write in and say that he wants to vote a regular ticket. 


CAMPBELL VS. DOUGHTOX. 


29 


01 * say that he wants to vote a straight ticket, or he wants to vote a mixed 
ticket. And any voter can adopt either method. If he wants to vote a mixed 
ticket, lie indicates that he wants to vote a mixed ticket by applying for tliose 
tickets, and then if he finds out that lie would like to vote for somebody else he 
can vote for them. And when he votes he will not sign his name on the cer- 
titicate, and it must he witnessed by somebody else. Then that ballot is re¬ 
turned, with a certificate accompanying, in a sealed envelope to the registrar. 

Mr. Nelson. He must sign his certilicate and in addition to that have another 
witness? 

Mr. Hoey. Yes; he must have another witness. And then the ballot is re¬ 
turned, and the absentee voters’ law reipiires the ballots fo be opened at 8 o’clock 
a.nd the envelops torn o[)en at 8, and the ballots are taken out with the certificate, 
and the ballots are deposited in the ballot box. That is done in the presence of 
the judges of the election, and they open each man’s ballot, and they hear his 
name. His name is called out, so that they know who he is, and then they 
open up the ticket and take it and place it in the ballot boxes. That is done 
by the election officers, and the ballot is put in the boxes by them. And this 
man’s name is checked to determine whether or not he has the right to vote. 
That is checked on the registrar’s books just the same as if he were present. 
And they have a record of that all of the way through, just the same as they 
have a record of the man that is present and votes. 

Mr. Nelson. Will you kindly say something with regard to why they neglected 
to keep the ballots of the absentee voters. 

Mr. Hoey. Yes. 1 had intended to come to that in a moment. 

IMr. Nelson. Never mind. 

Mr. Hoey. I had just as soon take that up now. That is just simply a matter 
of the construction of this law. Those ballots have never been kept. Now, the 
case went to the Supreme (’ourt of North Carolina on the test of this absentee 
law. It was a test case brought by the liepublican organization, and their only 
reason for wishing to bring that was becau.se they realized that the fact that 
the dominant party l)enetited more by this absentee law, fnr the reason that in 
North Carolina the school-teachers are largely Democrats, and a great majority 
of the traveling men, students in colleges, and workers on the railroads are 
Democrats, and very often those people are away from home on election day, and 
the Uepublican organization did not want to have those votes counted, because 
they realized that there was a very much larger number of Democratic absentee 
voters than Republican. So they brought an action to have the law annulled, 
and an opinion was rendered in the case of .lenkins v. Board of Elections (180 
N. C., 169), that held the act to be constitutional in every particular. 

Mr. Nelson. That is law? 

Mr. Hoey. It is the law of the State; yes, sir. 

Mr. Nelson. But there is a requirement that they keep the ballots? 

Mr. Hoey. The court in passing on that law states that there are 48 States in 
the Union that have absentee voting laws, and the court says: 

(Reads an extract from the decision quoted above.) 

Mr. Hoey. The law, the statute in regard to absentee voters, is as follows: 

“Absent voter may sign name on ballot; ballots and certificates to be kept. 
In voting by method presci-ibed in this article, the voter may at his election 
sign or cause to be signed his name iqmn the margin or back of his ballots 
for the purpose of identification. The ballot or ballots so voted, together with 
the accompanying certificates, shall be returned in a sealed envelope by the 
register and poll holders, with their certificates of the results of the election 
and kept for six months or, in case of contest in the courts, until the results 
are finally determined,” 

The contestant insists that under this law all absentee ballots and certifi¬ 
cates must be returned to the register of deeds and preserved. The election 
officials, after consultation with learned counsel, reached the conclusion that 
only the ballots upon which the elector signs his name for purposes of identifi¬ 
cation, with the accompanying certificates, must be so returned and preserved. 

Now, it can be easily understood that that is a matter of interpretation. The 
reason’for them not to keep the ballots is clearly manifest. There has been 
some discussion of the matter. Some election officers think that the law 
means one thing and some another. And in order to avoid any possibility of 
fraud in that particular way, if a name is written on a ballot, a Republican's 
or Democrat’s, or anybody else’s, that authorizes the ballot to be pieseived, and 
it is preserved. That ballot is preserved and kept along with the certificates. 
There is no (luestion about it where his name is written on it. The evidence 


30 


CAMPBELL VS. DOUGHTON. 


shows that only two voters wrote their names on the ballots in the eighth dis¬ 
trict of North Carolina. 

Now, the statute does not say a word with regard to the preserving or re¬ 
turning of the ballots unless they are marked with the man’s name. And it 
would be a physical imposs bility to do it unless they were marked, to separate 
those ballots from the other ballots, because the ballot of the absentee goes in 
with the other ballots and is counted. 

Mr. Nelson. The ballots of the absentees are put in the boxes and inter¬ 
mingled with the rest of the ballots and all of the ballots are together. 

Mr. Hoey. They are all mixed up in the box, and they are not preserved 
unless the name is put on them. 

Mr. Nelson. And there is no way of preserving the absentee ballots or telling 
them from the ballots of those that are present and vote. They are all mixed 
together ? 

Mr. Hoey. It is a physical impossibility to tell them apart. 

Mr. Cable. Is there any law which requires that the ballots must be pre¬ 
served for 30 days or any other length of time in order to give a contestant 
a chance to contest the election? 

Mr. Hoey. No ; but they preserve the poll books and the registrar’s records 
and lists. 

Mr. Cable. When an absentee’s ballot is cast, it goes into the box and there 
is no way of telling an absentee’s ballot, unless it is marked, from the ballot 
of a man that is present and votes? 

INIr. Hoey. There is absolutely no way of telling them apart. If the ballots 
are marked, they can be preserved. If they are not marked, they are not pre¬ 
served under the law. They are not required to be preserved and they can 
not preserve them because there is absolutely no basis on which they could 
arrive at the difference, or separate the absentee ballots from the others. 

Mr. Cable. What is the practice as to the handling of the ballots when 
they are counted? 

Mr. Hoey. Oh, sometimes they are left in the ballot boxes intact; sometimes 
they are counted and put back in the ballot box; sometimes they are poured 
out on the table; and sometimes, after they are counted, they are scattered 
around on the floor. There is no special method of handling them Mr. Cable. 

Mr. Cable. Is there any provision in the law that requires them to keep the 
ballots or that the ballots shall be retained? 

Mr. Hoey. It would do no good to keep them because they would not mean 
anything. Of course, the courts are open, and they could mandamus the elec¬ 
tion judges and restrain them from destroying the ballots, and require them 
to preserve them. 

Mr. Cable. But there might not be time for them to get relief in the courts 
unless the ballots were preserved for a certain length of time. 

Mr. Hoey. The ballots could serve no good purpose, Mr. Cable. 

Mr. Nelson. I would like to ask one more question on this election. If a 
voter, after having voted—is there a list retained of the voters and is the name 
of the absentee voter on that list, and is that list preserved? 

Mr. Hoey. Oh, yes; the name of the absentee voter on the list just the same 
as anyone that is present, and that list is preserved. 

Mr. Wilson. You have a list with the names thereon showing all voters, 
those that were present and the absentee voters? 

Mr. Hop:y. That is right; that list is preserved. The registration books and 
poll books are preserved and they show ever.v name of every man that is en¬ 
titled to cast his vote, and every man that votes—I mean every man that is 
ent:tled to vote—and it shows every man that voted. That is shown by the 
poll books and the registration books, and they are checked. And they are all 
kept. 

Mr. Nelson. Before a man votes, do you And out whether or not he is 
registered and his name is on the list? 

Mr. Hoey. You must come up to the registrar and register. 

IVIr. Nelson. But before an absentee votes, that is investigated? 

Mr. Hoey. That is the same thing; they have the same right to challenge— 
the same right to challenge obtains. 

In connection with the challenge mentioned this morning, the people can 
be challenged on the Saturday of the week following the closing of the registra¬ 
tion books, or on election day. But in addition to that they have the lists and 
they have all day election day, and at any time that a party comes up to vote 
that they want to challenge, they can challenge that name w hether he has ever 
been challenged before or not. 


CAMPBELL VS. DOUGHTON. 


31 


Mr. a\BLE. But yon make them pay 60 cents? 

notify them necessary to send the sherilf out to 

thin"^u’hrri^^i.A!/^ V‘^Tf ehallenged, but they do not have to pay any- 
011 clnnen4» dn v on election day or wliere they are challenged 

Mr ^ f ^ oian has to say is, “ I challenge you.” 

Ml. Cable, lhat is the practice, is it? 

Mr. Hoey. That is the practice, not only at present, but they can challenire 

Sm bookl^Hn^^^^^ ^^^^/^ooks close, or they can challenge them after 

the books close or on election day. When a man is challenged he has got to 

subTppt any questions that are asked of him. And these absentee ballots are 
subject to challenge just the same as if the man were present and voting. All 
thecallof*^ challenge one of them is to say that he challenges 

But here they have said that here is 100 voters, and they just sav that.they 
challenge all of them. Their challenges are not specific. They do not com¬ 
plain ot the official or challenge any specific person, but they just simply chal¬ 
lenge the whole crowd, like challenging the array of a jury. That is the pro¬ 
cedure that they adopted. 

All. Cable. The only other way that they could have done would have been to 
challenge each and every absentee vote. 

Mr. Hoey. C^ertainly; and that is the way that they ought to have done. 

There was a Republican judge standing right there, and if he sees a man 
who he thinks is not entitled to vote he is there in a position where he can 
challenge the man, and all that he has to do to do so is to say, “ I challenge 
that man,” and then whenever he is challenged then they hear and determine 
as to his right to vote. 

Air. Cable. Well, they did, in fact, challenge every one of the voters in the 
precinct, as I understand. 

Air. Hoey. I know; but you can not challenge all of the voters en masse. 
You can not challenge them simply because they are proposing to vote the 
Democratic ticket. 

Air. Cable. Oh, no. 

Mr. Hoey. You can not say to every man’s name that is registered on regis¬ 
tration day, “Now, here are 100 voters; I challenge all of them.” 

Air. Cable. Those ballots were right there in front of them on a table, were 
they not? 

Mr. Hoey. Yes. 


Air. Cable. And could they not challenge all of them? 

Air. Hoey. No ; I do not think that they could challenge all of them. 

Air. Cable. What is the difference of challenging all of them and keeping 
, and having to keep repeating, repeating, and repeating? 

Air. Hoey. Well, there is this: It would be possible to discriminate against a 
inan and to prevent him from voting; and it might be possible to do that with¬ 
out any evidence if he were challenged and there might not be any evidence 
to sustain the challenge. 

There might not be anything to show that he was not entitled to a vote. 

Air. Cable. What is the difference in making a challenge of all at one time and 
challenging everyone that comes up? 

Air. Hoey. Well, they would' have to have evidence to sustain the challenge. 
"Whenever a man is challenged, then they liave to show some evidence to sustain 
the challenge. AYhen a man challenges another, then he must offer some evi¬ 
dence, Air. Cable. 

Air. Cable. Do they give them a chance to do that? 

Air. Hoey. Certainly. There were one or two men that said that they did not 
have time to offer evidence, but they had an opportunity and could have offered 
any evidence that they wanted to offer, if they had any. 

And, now, after all of that was taken up, they found that these men were 
qualified to vote. Of course, I do not mean to say that there were no errors 
made or that there were no men voted that were not qualified. There may have 
been some. There are errors made in elections in North Carolina, and men vote 
that are not qualified to vote, sometimes, just the same as they do anywhere else. 

There might have been some who were not qualified to vote, but no more of 
that applies to this tlmn applies to any other ordinary election. They had every 
opportunity to know whether or not all of the voters were qualified to vote. 
They had their names and could have checked them. They had the checking 
list for the precincts, and the books were open. And they knew that the regis¬ 
tration books were open. 


32 


CAMPBELL YS. DOUGHTOX. 


t 


I lieai'd til's iiioriiiiig Brollier Britt telling yon about men refusing to give- 
lists and finding some evidence. In that precinct there were 2,500 voters and 
this man, on the Saturday night that tlie hotiks closed, was called' on for a list 
of those registered and he said, “ I can not give you the list to-night, hut I will 
give it to you by challenge day,” He sa d that he would make them a list by 
challenge day, but that he could not do it that night. But the li.sts were open 
for inspection. And then they were open for everyone on challenge day. The 
registration list was open at all times. The books were open for inspection by 
anyone or by everybody. They could have been inspected by an.N'body that 
wanted to inspect them. And there was no possibility of denying them the 
privilege of inspecting the books, whether they wei’e Democrats or Republicans, 
and determining whether or not there were any illegal voters on tlie books. 

I bel'eve that the laws in North Carolina, and' I know that the administration 
of the laws in North Carolina, are as fair as they are in the average State any¬ 
where in this Union on election matters. 

Now, I want to show you that after the last election that six out of the nine 
counties in the eighth congressional d strict went Republican and three went 
Democratic. 

JNIr. Cable. For county officers? . 

Mr. Hoey. For county offices in the main. Take Ashe County. In Ashe- 
county they complain of the conduct. In Ashe County Dr. Cam[)beil got a ma¬ 
jority of 44, The Democrats elected part of the ticket. They elected the clerk 
of the court, sheriff, one representative, and the Rei)ubiicans elected the bal¬ 
ance of the ticket, and Dr. ('ampbell carried that county. The Republicans 
cairied the count.\' in 1920. They carried six out of the nine counties in the 
eighth district of North Carolina. 

If it had been a partial—if there had lx en a partisan administration of the 
law—or if the Democrats had resoi*t(Ml to the methods ;nid measures, or were 
willing to undertake the things which they are charged with having done, 
they certainly failed miserably when the Republicans carried six of the coun¬ 
ties out of the nine. That seems to be to be very conclusive evidence that 
there was nothing m rong. 

Mr. Nelson. Is there any other complaint with regard to the election from 
anyone else, or from any other defeated candidate down there? 


Mr. Hoey. No ; there is no other. I claim that that removes any doubt. 

Now, take Ashe County. That is one of the counties in which the votes were 
the closest. The Democrats elected the clerk of court and elected other officers, 
in the county, but not a single Republian contested the result of the election 
in that county or the election of a Democrat. The same is true with regard 
t<t the other counties in the ei.ghth district. There is not a single olfice that 
has been contested, and there is not a single contest. This case is the only, 
case in which a man comijlains in any sort of a wa.v. 

Now, there are other things which they have alle.ged in connection with 
this contested election, su(4i as the election officers’ indictment in Ashe County ; 
and what is the result? I want to call your attention to this: I want to leave 
copies of the election laws of North Carolina, and I want to say that there is 
not a State in the Union that provides more safeguards for the l)ailots or the 
man who desires to vote, and provides more safeguards in the administration 
of that law than North Carolina. They make it a misdemeanor and a felony 
for every violation of that law; it is made a misdemeanor i)unishable bv fine 
and imijrisonment in the common jail for any officer or judge or registrar of 
an election to fail to prepare the boxes, tickets, and blanks, or to distribute the 
same, or to iterforin any other duties within the time and in the manner 
p»esciibed by la^^ ; for any person to break U]) or stay or interfere with the 
holding of an election or with the possession of any ballot boxes, or to inter 
fere m any manner with the i)erfoi'mance of m <]iity imposed upon an election 
oilicer; for any person t<) be guilty of boisterous conduct so as to disturb anv 
election officials in the proper performance of their duty ; for anv person to 
intimidate or oppress in any way any voter in the State. 

And it is made a felony, punishaiile by imprisonment in the State’s prison 
for any person to be fraudulently re.gistered; for any election official to make 
an\ false oi fraudulent entry on any election book or anv false or fraudulent 
lelurn or any false statement on any ticket or fraudulmitlv omitting to do any 
any report legally required of such official; for any person to 
.^^eal Bdselj vpii respect to any matter pertaining to the election - for -inv 
person to falsely present any exemption from jioll tax or a certificate oi- other 
paper to qualify any person t<i fraudulently vote as an electo?; R>r anv per^ 


('AMPBELL YS. DOUGHTON. 


3a 


of corruptly; for anv reic'strar of S^-ates 

m- Ja;uuu';:i";:;tr:;;‘;;t:;r;',e:^^ ^'’ ^'''•‘“ «'-»'>-> 

.H. o..e hmu,;”;; illmrtJf"'' '■«" «'•*" »"«"-«■ «>«' ^et up that 

'<«T,''•^o,t^wnn•Mn^■^".-''*; ‘'""“f-';’ «’'«? Itepnblicni, maftistrates atul 

tliei wmI J V ,.t' Hu,' ««iiie elec-ti,,,, „flidals, and tlie net .-esult was that 

uuf ? ' ® ^ «t thoso warrants is,sued before tliese Kepublican in a <d strafes 

i ■;^:;,rthorreea:,"'‘"H'''“>«** '‘‘■i”''" :-•«■> n.agis?rates a,:;! c 

e()m-r V\n!riV fo bind them over to 

inilicfed 1 v\be discbarsed. Those that were 

nmeted the ^rand jury were discbartted by the prosecutor arisini? in oneii 
court mid sayinj>- that they did not have any evidence to convict 

.Mr Aelson. May I interruptV I understood :\rr. P»ritt that tiie contest was 
IsThat not'lso?' con^n-ess'onal elections, 

ilr. Hoky. Practically so. 

Nei,.son. So that any discrimination would be agaimst the white race’ 
is right. 

did the grand .iiiry return any indictments? 
one man was indicted by the grand jury, and a Republican 
and said that he did not have evidence to 
nolle prosse. 


Mr 

Mr 

Mr, 

Mr. 


Hoey. That 
Gable. And 
Hoey. Only 

jirosecutor rose in open court 
warrant a conviction and took a 


Mr. Gable. A Republican pro.secutor did that? 

All. Hoey. Yes, sir; the chairman of the Republican executive committee. 
The solicitoi AAa,s a Democrat, but he was assisted in the prosecution of tlie 
law by a Republican, and he rose in open court and said that he did not have 
evidence to warrant a conviction, and that man took a nolle prosse. 

A"ow, the grand jury returned no true bills as to the others. All of them 
that were brought before Republican magistrates wei-e dismissed, because 
there was not sutlicient evidence to hold them, to bind them over to court, and 
yet this committee and the great House of Rejiresentatives is asked to unseat 
a man for alleged fraud that election otiicers committed when they violated 
no law at all. 

Now, passing from the election to the other proiiosition. I mentioned a 
moment ago that the safeguard of the election laws were such that they made 
intimida.tion i)unishable by line and imprisonment. That is fully covered by 
our statute. 

Now, I was surprised in reading the article in that brief about intimidation 
and ill hearing the discussion before the committee this morning. Why, the 
man that would make that sort of a statement is unacquainted with the North 
Garolina Republicans. There is no such a thing as intimidating them. 

No\v, no such a thing as that exists. 

Then they refer to the Democrats as circulating the Negro pictures. And I 
want to say that that just made them tighting mad and made the Republicans 
work five times harder than they ever wairked before. 

And then they cited this record one instance about where a man had changed 
his vote on account of that picture. 

Now, with regard to intimidation, I want to say that if my friends think that 
they can intimidate North Carolina Republicans they are not acquainted with 


them. 

But, coming to the argument from a legal standpoint, I was surprised to 
hear my friend take the position that there was any basis for it. Why, there 
was a case in which Congress decided—which was decided in the Sixty-third 
Congress—in the case of Bonniwell r. Butler, of Pennsylvania, it was charged 
that a committee especially organized by friends of Air. Butler publi.shed libel 
articles about Air. Boniiiwell and that a newspaper owned and controlled by one 
wdio \vas a personal representative of Butler published an editorial attacking 
Air. Bonniwell on account of his i-eligion. In that case it was expressly deter¬ 
mined by this committee and sustained by the House that the publication of 
even fniudulent and libelous sfulf, unless the contestee participated in it, 
could be no ground for contest on the part of Air. Bonniwell. That was 
decided by the House of Reiu-esenlatives. That has been the univer.sal rule 
and there" is no authority to the contniry. And I challenge my friend here to 


04781)—22 


8 



34 


CAMPBELL VS. DOUGHTON. 


produce a single decision of this House where the contrary has been held 
to be the case, even in the publication of libelous and defamatory matter, 
unless the member participated in it himself. 

Now, what happened in this district- 

Mr, Nelson (interposing). I want to say that in the last election a gentleman 
who was a candidate for election to Congress in my district deliberately slan¬ 
dered me, and I did not think that I could have contested on that ground. 

Mr. Hoey. Certainly. In this case, Mr. Chairman, they do not say that anyone 
slandered Dr. Campbell. They do not say that Mr. Doughton slandered or 
libeled anybody in particular. All they say is that somebody slandered the 
Republican Party. That is the charge. They slandered the whole Republican 
Party, and because of this slander of the party and because of the slander of 
the head of the party at the present time they maintain that they slandered 
the whole Republican ticket, and, therefore, that they really have an action 
against this man. 

Now, what are the facts? Mr. Doughton did not have any committee in his 
entire district, no congressional committee in his district. He did not have 
any chairman. He did not have any organization. He simply held himself 
out for election from his district without any organization. He simply relied 
on his right as the selection of his party. 

Not only that, but he never sent out any circulars, never saw any of these 
circulars during the entire time, the ones that were raised here this morning, 
and the evidence disclosed that he knew nothing of them. The evidence fur¬ 
ther disclosed that most of them came from Ohio. 

1 think that it would be a pivimsterous proposition to sa.v that a Rei)resentative 
in Congress should be denied his seat because somebody has circulated libelous 
and slanderous articles in his district. And I think that it is going prett.v strong 
when they ask you to consider that as an element in showing the reason 
why you should use that as an excuse to find some excuse for turning a man 
out of his seat in Congress, when, forsooth, somebody circulated libelous cir¬ 
culars, things that he knew nothing about, slandering the party, the whole 
Republican Party, but not slandering Dr. Cami)bell at all. 

They have spent a good deal of time and space with reference to these, 
•and there are only 8 to 13 votes affected in the whole district. 

On that proi)osition there are 8 to 13 votes in the entire district that they 
find and practically every man about whom we have inquired has said that it 
did not make any difference to him, except that it made him mad and you 
know that when you make a partisan mad, that you just increase his energy, 
his activities, ami you make him a better worker than he otherwise woiTld be. 
Now, pass'ng from that, I want to mention the intimidation in Big Lick 
and Fun- I'recincts, in vStanley County. Those are two i)laces that they com¬ 
plain about, two places in Stanley County, two precincts. Big Lick and Furr. 
They are Republican precincts in the county and you will remember that 
Brother Britt put some emphasis on this this morning, that somebody in con¬ 
nection with the Democratic Party had said that they were going to delay 
the vote of those two precincts in order that the Republicans might not get 
the votes. 

Now, that is the argument which has been before the committee. I can 
furnish all of the evidence that you may desire me to offer with regard to 
that. When the time came for us to offer evhlence, we placed on the witness 
stand every man. every responsible man within the Democratic organization 
of Stanley County, and everyone of them swore that they had nothing to do 
with it, and knew nothing about it; but what is the result? This condition 
came about by reason of the fact that the Republicans, in this instance, the 
Republican county chairman published an article stating that the Democrats 
were going to delay the matter, delay the opening of the polls, so that the 
Republicans could not get to vote. It was a warning published in a Repub¬ 
lican newspaper and telling them to go early and to vote. And so when the 
polls were opened at these two precincts, there was a great crowd of enraged 
people, expecting to be delayed, according to the noCce that they had, which 
had been published in their paper. They were out in the country. They 
first arranged the jmlls and the boxes and started to vote out of doors, but 
it soon began to rain and they were forced to move into a small house where 
it was very dark, and where the voters crowded in so thick that it interfered 
with the election ofhc'als in the discharge of their duties. In moving they 
mst about one-half of an hour. Idiere were approximatel.v l.OdO voters in 
Big Lick prec nct; 750 actually voted at Big Lick that day. 



(’AMPBELL VS. DOUGHTON. 


35 


The^polls were open about 10 hours. That would be 600 minutes. They 
voted 750 voters, and yet they said this morning that in some instances it took 
^hem as much as 10, 15, or 20 minutes‘to vote a voter, yet they actually voted 
750 men in 600 minutes, which was practically every man that was there. And 
the fact is that there were a number of Democrats that did not get the vote. 
There is nothing that shows a discrimination in favor of the Democrats as 
against the Republicans. If they could liave proceded in an orderly manner 
with the election, and there had not been the large crowd there as a result of 
the notice that was published in the Republican paper, which resulted in this 
large crowd of enraged people having gone down there, they would have been 
able to have voted more people. 

\\Tiy, they say in this precinct that they stopped and went out to take the vote 
<»f a lady that was sick. They did, one lady. They also stopped to take the 
vote in another precinct of a Republican lady, under the same circumstances; 
and not only that, but C. C. Hill, a witness for the contestant in this case, 
admitted himself that he held up tlie voting there for 15 minutes by having the 
registrar search for his name, when he knew that he was not on the register 
and knew that he had not been in the precinct long enough to vote. 

Now, in those precincts there is a very large number of H’s and so many L’s 
on the registry book, and it takes some time to find a name, and it is necessary 
for the registrar to search all through the list of H’s or all through the list of 
L’s. There were a great number of Hunnicuts or such names. There were 200 
or 300 Hunnicuts or other H’s on the list. 

The same was true with regard to the L’s. The way that the names were 
arranged it was necessary for the registrar to go down each page and examine 
each name in order to ascertain whether or not that man’s name was registered. 

I). R. Kennedy, a .ludge of the elections, says that there was no delay except 
for 10 or 15 minutes in trying to find a name of a Republican who was not 
registered, but insisted that he was. The Republican judge said that night, 

“ We have not voted at all, but we have done mighty well to vote what we have.” 
That is the situation in this case. 

I do not care to go on in detail, but I do want to call your attention just _ 
a little bit, with reference to the conditions in this Big Lick precinct. On 
pages IS and 19 and 20 of the contestant's brief they give the name of many 
of the voters that they say were there. And the names of voters that there 
there on that date, and did not get to vote. I won’t call your attention to any¬ 
thing except to show certain inaccuracies of this brief. 

Now, on page 18. down toward the middle of the page, you will find the name 
of T. M. Allman. 

Mr. Wilson. That is in the main brief? 

Mr. Hoey. On page 18 of their main brief you will find the name of T. M. 
Allman, down about halfway of the page. Then, about the middle of page 19 
you will find the name of T. M. Allman again, making twice that he is counted, 
bn page 19, just ahead of the name of T. M. Allman you will find the name 
of M. A. AVhitley; then in the next line you find the name of M. A. Whitley, 
so that he is carried twice on the same page. 

Mr. Caijle. Do you refer to two different places in the record? 

Mr. Hoey. Yes; that refers to two different places in the record, but he is 
counted in the 264 names given. 

Mr. (’.ABLE. I have not counted them up. Is he counted twice—carried twice 
in this place? 

Mr. Hoey. Yes; he is carried twice. He is counted twice and Ins name is 
included twice, 

:Mr. Cable. Did you count all of these up? 


Mr. Hoey. I did. 

Mr, Cable. There is a mistake of one? 

Mr. Hoey. There is a mistake of dozens. I have just started on it. Those 

represent names that are repeated on that page. 

Now take the next page, is Alex Criflin. and then Alex Griffin, relating to the 
same conditions on pages 1442 and 1443 of the record. That is just a continua¬ 
tion of the same testimony. There is no difference. 

And here are the last seven names at the bottom that did not get to vote in 

the Big Lick precinct in Stanley County. 

They wei-e not even registered in that precinct and do. not belong there at all. 
\nd tiien I desire to call vour attention to the fact that some of these, a lot 
of the.se folks, that they have there..went to the polls but did not stay long 
enougirto vote, and did not try to ^ote. 


36 


CAMPBELL VS. DOUGHTON. 


Now, here is the testimony of one witness that will show the situation. There 
are many other that are just the same. ^ 

“ :Mr. Cannon Sossamon, heinjr duly sworn, testitied as follows: 

“ P>y IMr. Campbell : 

“ Q. Yonr name is Mr. (^'annon Sossamon V—A. Yes, sir. 

“ Q. Y^on are re.ii’istered nnder that name?—A. Yes. sir. 

“ q! Yon are qiialitied to vote in this township?—A. Yes, sir, 

“ Q. AYere yon present on Novemher 2, 1920, for the purpose of voting?—A. 
Yes, sir; went down to Stanlield, 

“ (^. At the polling place?—A. Y^es, sii’. 

“ (^. Did yon vote?—A. No, sir. 

“ Q. Why didn’t yon vote?—A. So many ahead of me that I went home, and 
they "tried \o set me to stay, and the Lord impressed it on my mind to so hack 
and do that .sreat honor, and 1 ,inst told the I.ord I was sick and couldn’t so 

Pack and I talked to the Lord that way, and I said, ‘Lord, yon know I 

^■an’t so hack,’ and I could see the Lord shakins his head, and 1 says, ‘ 1 can’t 
go back; I am sick.’ 

“ Q. So yon didn’t so back?—A. Didn't go back. 

“ Q, Yoii did not try to vote while yon were down there?—A. I didn’t because 
I knowed it was no use to try. 

“ Q. That is what you went for?—A. Of course. 

“ Q. What are yonr politics, INlr. Sossamon?—A. Well, Republican.^ 

“ Q. For whom did yon intend to vote for Consress?—A. Well, I didn’t know 
either man. 

“ Q. Did yon intend to vote a straisht Republican ticket?—A. Yes, sir. 

" (}. YYm *meant to vote for all RepnbLcan candidates?—A. Y>s, sir; all 
together. 


“ Cross-examination by O. J. Sikes : 

“ Q. Did yon know who the candidates for Congress were?—A. No; I 
didn’t.” 

Now, that, gentlemen, is .Inst evidence of what you would find if yon were 
going to sift throngli this evidence; but if yon will read that brief which has 
been compiled on this evidence, yon will find whole pages of .1nst that sort of 
thing, things like that. And they have made reference to the case of Elizabeth 
Scott. But they have not made it plain as to how Elizabeth Scott voted. The 
only evidence that they have furnished is that they thonglit that she was a 
Democrat, but there has been no testimony to show how she voted. 

Now, gentlemen, before leaving Stanly County, there is one other matter 
that I would like to call yonr attention to, in that connection, that has a 
direct bearing on this proposition, \vhich I could not help but think about while 
the contestant’s attorney was making his statement with regard to this con¬ 
test. And if yon will read the evidence in this respect yon will find that Hon. 
(t. B. D. Reynolds, who was himself a candidate for Congress on the Republican 
ticket in 1912, and if yon will read his evidence, yon will find that some three 
days after the election in conversation with the contestant in this case that Dr. 
(’ampbell stated to him—and, of course, he is interested in this case, because 
he is a Republican and actively interested in this contest, and in Dr. Campbell— 
but that Dr. Campbell told him three days after election that Donghton had a 
majority. 

Mr. Nelson. That was Ylr. Reynolds? 

Ylr. Hoey. iNIr. Reynolds testified that he stated that Donghton had a nmiorit.v 
of a thonsand in the district, but he believed that he could find about r)00 illegal 
votes in the district, and if he did, that he was going to contest and he believed 
the Republican Congress would find the others and seat him. 

Now, if yon will sift this evidence to the bottom yon will find that this is 
the basis of the thing. Like Brother Britt said this morning in his argu¬ 
ment—he did not point out the facts or the reasons for it. but if you will read 
the evidence you will find out that they just want to do it on the assumption 
that some of them want him thrown out and that you will respond to their 
wishes. 

Now. of course, I know and Ylr. Donghton knows, during his assoc'a.tion of 10 
years with the IMembers of Congress, that yon do not proceed that way ; that 
you are an orderly body, and that you are going to act according to the law 
and according to the evidence and according to this record, and that you are not 
going to be moved by any other consideration. 


(’AMPBELL VS. DOUGHTON. 37 

Now, there is this in that connection, ]Mr. Doughton’s pul)lic record in Con¬ 
gress for 10 years. 

Mr. I)oiighton was first nominated for Congress in the eightli district of North 
Carolina in the year of 1910. At that time the district was represented by 
Hon. Charles H. Cowles, a Itepiiblican. JNIr. Doiighton was elected by a ma- 
jo^rity of 759. 

"In 1912 Mr. Doughton defeated his Republican opponent, the Hon. G. B. D. 
Reynolds, by a majority of 3,102. 

In 1914 the Republican nominee was Hon. F. A. Linney, State Republican 
chairman, and the candidate for his party for governor in 1916, and IMr. Dough- 
ton defeated him by a majority of 1,816, 

In 1916 the Republican candidate was Hon. H. S. AVilliams, who was then 
and is now the floor leader of the Republican Party in the General Assembly 
of North Carolina, and Mr, Doughton defeated him by a majority of 1,838. 

In 1918 Hon. Frank A. Linney, now United States district attorney for tlie 
western district of North Carolina, was again the Republican candidate and 
Mr. Doughton defeated him by a majority .of 2,279, 

Mr. Doughton holds his seat in the Sixty-seventh Congress by a certified 
majority of 1,078. There was an admitted clerical error against Mr. Doughton 
of 10 votes in Cabarrus County, and this gives him a majority upon the face 
of the corrected returns of 1,088. 

Now, with regard to the matter of intimidation and conspiracy and pre¬ 
venting i)eople from voting, I have made here a statement of the situation, 
showing the facts and figures for 1920 of each of the counties in the district, 
and likewise a statement showing the votes cast, and I believe that upon ex¬ 
amination of this that you will find that a larger percentage of votes was cast 
in the Republican counties than in the Democratic counties. 

( The list referred to above is printed in the record in full, as follows:) 


County. 

Popu¬ 

lation. 

Votes 

cast. 

Per¬ 

centage. 

GOVERNOR. 




Alexander. 

12,212 

4,643 

38.2 

Allesrhativ. 

7,403 

2,604 

3.5.1 

Ashe_. 

21,001 

7, 428 

35. 2 

Cabarrus. 

33, 730 

9.620 

28.4 

Caldwell. 

19,9S4 

6,175 

30.8 

Jrodcll. 

37,956 

10, 770 

28.2 

Rowan. 

44,062 

11,280 

25. 4 

Stanly. 

27.429 

8,174 

29.7 

Watauea. 

13, 477 

4, 353 

32.3 


County. 

Popu¬ 

lation. 

Votes 

cast. 

Per¬ 

centage. 

CONGRE.SSM.\N. 




Alexander. 

12,212 

4,66.5 

38.2 

Alleghany. 

7,403 

2, 570 

34.7 

Ashe. 

21,001 

7,328 

34.8 

Cabarrus. 

33,730 

9,558 

28.3 

Caldwell. 

19,984 

6,1.50 

30 

I redell. 

37,9.56 

10, 861 

28.6 

Rowan. 

44, 062 

11,198 

25. 3 

Stanly. 

27, 429 

8,115 

29.5 

Watauga. 

1.3, 477 

4.345 

32.2 


was in the Democratic county of 
And this list gives the counties and 
that the largest percentage of votes 


The thi-ee Democratic countties are Rowan. Iredell, and Alleghany. All of 
the l)alance are Republican. The highest vote cast was in Alexander County, 
a Rei)ul)lican county, where they elected all of the Republican ticket and where 
Dr. Campbell carried the county. 

* The percentage of votes cast was 38.2 per cent of the entire population in 
that county. 

The smallest percentage of votes cast 
Rowan, where the i)ercentage was 25.3. 

.shows the percentage of votes and shows - .. . . ■ . . 

was in the liepuhlicaii counties. And if there (“ould have been any intimidation, 
there would not have been a larger percentage of votes cast in the Republican 
countTs than were cast in the Democratic counties. It is very clear that the 
largest percentage of votes to the ])oj)idation v'as cast in the counties vsheie 
there is the large Republic-an element in the county. 

Now there is another thing in connection with the argument and these 
various matters Mr. Britt stated that he wanted to confine this thing ot the 
law aiid the constitution, and that he was not willing that these poll-tjix pay¬ 
ments be waived. That is shown by this rewrd, and I want to say in (‘on- 
tradiction to that that Di-. (Campbell in the very first spe(‘c-h made in his 
campaign violated that jirinciple when he n<lvised the 

of the law and the constitution of North (^arolina. because he sa.d that the.A 
omdit to register every white woman, every woman that they could find whether 
sh? could read or write or not. And the law and the constitution of the btate 
of North Carolina reciiiires thaUa person must be able to read and ^^l ite be- 










































88 


CAMPBELL VS. DOUGHTON. 


fore they can vote. Yet he made that speech as to registration, according to the 
testimony of witnesses. Yet. he takes the ground that nobody’s vote should be 
counted that is not (*onstitutional, and that nobody’s vote should be counted 
that did not ])ay their poll taxes. 

And that brings into discussion the payment of the poll tax and that proposi¬ 
tion. And 1 would like to get it clear in the minds of the committee—I thijik 
that you have already grasped it fully, but there are one or two things that 
I would like to clarify jinst a little bit with regard to the poll-tax proposition^ 
and that is that the poll tax provision was placed in our law, our organic law,, 
as a condition precedent to voting, several years ago—20 years ago, I believe. 

It had practically fallen into disuse all over the State. I daresay that out 
of the 100 counties in North Carolina there are probably not more than 10 or 
15 where any attention was paid to it, or where a challenge was made for 
nonpayment of poll tax. It was not used as a basis of challenge, as to whether 
a man had paid his poll tax or not. It had fallen into disuse. 

At the last election it was repealed by a popular vote, and is no longer a condi¬ 
tion precedent to voting in our State. The legislature submitted an amendment 
and the people voted on it, and now the matter of paying poll taxes is not a 
condition precedent to voting. 

In view of that condition, the fact that it had fallen into disuse everywhere, 
the Republicans and the Democrats in Iredell County entered into a solemn 
agreement, not only a gentlemen’s agreement but a solemn agreement, that 
they would not challenge anybody, not only soldiers, for his failure to pay his 
poll taxes—on account of nonpayment of poll taxes in that county. The chair¬ 
man of the county called a meeting of the Republicans at that time and they 
discussed the matter and appointed a committee to confer with the Democratic 
chairman and .see if he wo\dd agree to that, and he did agree and they entered 
into an agreement, and they both kept the agreement in Iredell County and 
nobody in Iredell County was clndlenged on account of nonpayment of poll 
taxes, not a single man, and not one soldier was challenged, neither a Demo¬ 
crat nor a Republican. 

Dr. Campbell knew of this agreement, and one of his own witnesses, Mr. 
L. C. Wagner, swears, on page 53 of the record, that Dr. Campbell knew of 
this before the election and that he ju-otited by the agreement that no one would 
be challenged because they did not pay their poll taxes in Iredell County. 
As I say, he knew of that agreement and no one was challenged, and that 
practice was pretty general all over the State that men were not challenged 
on account of nonpayment of poll taxes. And he received the benetit of that 
vote, but now comes before Congress in this strange capacity and undertaken; 
to repudiate what his friends did for him before the election and repudiate 
the thing by which he profited and wants to ignore that solemn agreement. 

I want to say that if we follow out this rule and they are applied to Mr. 
Doughton, we will gain, according to the evidence in Iredell Countv, at least 
120 votes. 


Now, that is separate and entirely apart from the soldier vote. 

But in Rowan County there was no challenge on account of the nonpayment 
of poll taxes, unless it was at one or two of the out of way jdaces in the 
country somewhere, and there were very few of them. 

' Now, taking up the poll-tax provision as applied to the soldiers. The attor¬ 
ney general of the State made and pul)lished a ruling that it was entirely 
lawful for the county commissioners to exempt soldiers from the payment o*f 
poll taxes. This ruling was made on April 13, 1920. And I was surprised to 
hear Mr. Britt say this morning that he did not know of that, or had not heard 
very much about it. I believe that he did say that he had heard of it, but 
that he did not have full knowledge about it. It appears in the reports of 
the supreme court of the State. And not only that, it appears and was issued 
in Api-il, 1920, and published in every daily newspaper in North (’arolina, and 
it was published to the extent that every single voter in the various counties 
all of the voters in the. eighth congressional district knew of it, and the countv 
commissioners met and made the exemption as to soldiers. 

In the Republican county of Cabarrus and in the Republican county of 
Alexander they did that. Alexander is a Republican county now. It was Re¬ 
publican at that time. Now, in Stanly they did, and moreover when the 
county commissioners met Dr. Campbell himself appeared before the board of 
county commissioners and asked them to exempt the soldiers 
,vif'indicate what theory you'base that upon— 


CAMPBELL VS. DOUGHTON. 


39 


Mr. Hoey. 1 will come to that in just a moment, if I may. 

Mr. Clark. I would like to ask you what Republican counties exempted 
these people; what Republican counties exempted these soldiers from the pay¬ 
ment of the poll taxes? 

^Mr. Hoey. The Republican counties of Cabarrus, Watauga, and Alexander, 
I believe, exempted them ; and I do not believe that any men in those counties 
were challenged on account of nonpayment of poll tax. 

The county of Stanly, which was then Democratic, had a Democratic board 
of commissioners, exempted them, and Dr. Campbell himself appeared before 
the hoard and asked that the soldiers he exempted from the payment of the 
poll taxes. And they were exempted, and now he takes the stand that he 
wants to challenge these men in the Democratic counties, hut for some reason 
does not w'ant to challenge them in the Republican counties. He wants to 
challenge the voters in the Democratic counUes, hut he is willing to release 
those in the Rpuhlican counties from the State constitution and the law . 

Now’, coming dow'ii to the basis of this exemption. I think that the theory 
could be sustained ui)on two grounds, hut one especially—that the constitu¬ 
tion of the State has only the power that it has not heretofore granted by 
express grant to the Federal Constitution and the Federal Government. 

The sovereignty granted to the Federal Government carried with it the 
right to call upon the citizens of all of the States to he conscripted into its 
service for the i)urposes of defense. The Federal Supreme Court has decided 
that that meant that the Federal Government had the right to send men out 
of the territory of the Ignited States and into foreign countries. Then, under 
the ruling of the highest court of the land, the Federal Government has the 
authority, claims the authority, and has the right to require the services of 
its citizens, of the citizens of the several States, w^hen an emergency arises, 
to draft them into its service. The attorney general of North Carolina held 
'that this w’as a superior sovereignty or right of the United States to control 
the citizens and to recpiire their services, and having exercised that pow’er, 
and having carried them aw^ay from the confines of the State, and in most 
instances out of the country, they w^ere placed in a position so that they 
could not comply with the law’ of the State of North Carolina w’ith respect to 
listing and paying poll taxes, and that therefore that that would not operate to 
depi-lve them of their right to vote, which remained w'ith them. 

Now. tlie attorney general gave th s as his official ruling. The attorney 
general said lliis: 

“This office has ruled wifh reference to soldii'rs who were n France or Ger¬ 
many or hi service in the various camps throughout the country at the time for 
listing poll tax in 1919, that they may vote w’ithout paying the poll tax for 
1919. These sold ers, either by their sense of obi gation to their native country 
or by compulsion of the Federal Government were in their service to that 
country iilaced 'n such a position that they could neither list nor pay these 
taxes. It would, it seems to us, be manifestly inequitable and unjust to deprive 
them of their right to vote under the sa'd c'rcumstances.” 

That is the opinion upon which the county commissioners granted exemption 
to the sold ers of that spec al county tax. They did it to give relief to the sol- 
d'ers and the.v d'd it under this ophiion of the attorney general of the State. 
Hut it W’as sliow’ii that one man called upon the sheriff and tendered him the 
money in payment for the poll tax for his son, but that the sheriff said that they 
had all been relieved and that they w’ould not have to pay that. That is n the 
hear ng. That, it is held, amounted to a tender of that money, when it w’as 
offerecf to the sheriff, and was suffic ent to rel'eve him of the payment of that 
tax. It has been held in the courts that a fender was all that w’as suflicient. 

There is ample authority for it. . * , . 

Mr. Clark. That has been decided by the supreme court dur ng the past sev¬ 


eral years? , , „ , ... 

Mr Hofy Thev were all exempt and they all knew’ that. 

Now I am not concerned so much about the legality of that proposition, 
because I am frank to say tliat the supreme court has not passed upon it, and 
it is -i inatter about which lawyers might have a difference of opinion, but I do 
s-iv this - That I think that sort of a ruling made by the attorney general of 
file State acted upon the board of county commissioners and by the Democratic 
•ind Renublican countv organizations. Democrats and Republicans alike, that it 
woidd be man festlv iinlust to undertake to challenge the Democratic counties 
or Iredell and Row’an and not challenge the votes of the Republican counties of 
Stanly, Watauga, Alexander, Caldw’ell, and Cabarrus. 


40 


(^4MPBELL VS. DOUGHTOX. 


Now. I want to say that I do not think that they oii.ttht to ehalleni>e any of 
them. 

I want to say this to tlie eoinmittee: That this man [iNIr. I)on.ithton], who s ts 
here to-day, has lived for o8 years in North (’arolina, and every man, woman, 
and ehild in his distriet knows h.'m and respects h m as an honest, honorable, 
iipri.aht c tizen and one who would ^ ve up the seat in (’onjiress if it involved 
ti e doinjf of an imlawfiU act in order for h m to whi. He does not want his 
seat if lie has to get it hy duplicity and douhle-dealing, and will not ask it and 
would not receive t upon that basis. 

Now, there i.s one thing with regard to the poll tax that I would like to 
mention and that is that the Republican chaii-man of the county of Stanly 
sent out a circular and told all of the Republicans that they need not bother 
about the soldiers' poll taxes because they were all exempt, and so that was 
publisheil at different times as affecting all of them. And there has been no 
disposition on the part of anybody in North Carolina to compla'n jdioiit that 
provision, either Democrat or Republ can. 

And there is just one other word that I want to say with regard to the soldier.s’ 
poll tax—the nonpayment of the poll taxes by soldiers. If Dr. Campbell had 
announced that he intended to challenge a single soldier, Democrat or Republican, 
for nonpayment of poll taxes, he would have been defeated by 10,tM)0. It would 
have cost him at least 10,000 Itepublican votes. The voters in his home county, 
as well as these other counties, wouid not have indorsed him if he had told them 
what is now in this record—that it was his intentif)n to challenge the soldiers for 
nonpayment of i)oll taxes. 

Now. taking the brief of the contestant in this case, if there is any reliable 
basis ui)on which to figure the poll taxes, if you should consider that as a reason 
why these votes should not be counted, I want to say that you can take any i)age 
that you want to here—I will take one page, relating to Iredeil ('ounty. just to 
give you a little idea of the eri'ors. 

Mr. Perkins. What i)age is that? 

Mr. Hoey. Page 23, I think it is. Page 24 in the brief set forth in detail a 
great many of these things, but just take one page, page 24, and just to show 
you the errois in their brief, I want to read from page 24 of their original brief, 
l)eginning with the name of J. .1. Le Roy, being parties whom he seeks to dis- 
<pialify for nonpayment of i)oil tax. The follow ng are imi)ropei2y dis(iualitie4 
and their names are not included in the contestee's origimil summary; 

('. ( ’. Edwards, page 808, listed as not paying ))oll tax ; he was under 21. 

Carl M. Dind.say, page 808, listed as not paying; he was !elieve<l on a(‘coiint of 
having a finger off. 

(1. E. Marshall, page 800; he was not of age at listing time. 

J. R. I*ope, page 809; he was not of age at listing time. 

T. V. Glide, page 814, exempted in Burk County for infirmity. 

E. B. Patterson, page 810. exempted for infirmity. 

Grady Gill, page 817; he was not of age at listing time. 

Now, on just a little list right there, that is just a small list that was left out 
o>' our original biief, and taken up and comitared with a list of sixty-odd that 
they had either counted twice or there is evidence showing that they are not 
liable for the payment of poll tax. And when you undertake to disqualify these 
men, remember that they are not able to show that they are disipialified by any 
evidence. The lists that they give are not accurate; but there are dozens of 
tlsem, if you take uj) the ists, that are shown on these lists as not being (pialified ; 
that they certify that they have paid their poll taxes. And he gives a list of 
about 890, and when it came to the examination it was shown that they had paid 
their jioll taxes. And their own witnesses^—they submitted a list of some 800 
names that they had challenged, and their own witnes.ses admit that they were 
05 per cent A’rong in their challenges, and these men came up and produced 
stubs of recei])ts showing that they had paid their poll taxes. Yet, many of 
them well* included in the lists of the contestant as not having paid their 
poll taxes. Now, that same thing applies generally as to the payment of poll 
taxes. 

I argued a m()nu nt ago with regard to the Rei)ublican names that were counted 
twice in the same list. I do not say that the gentlemen have purposely mis¬ 
represented these things, but I do say this, I do not see how, to save my life, 
as many errors could be packeil and jammed together in a single brief as are 
incori)orated in this brief upon a statement of facts. 

Now. just one insrance to show the basis of other charges. They find or 
undertake to show that the Republicans have been unfairly and unjustly dealt 
wirh in the administration of this law. 



CAMPBELL VS. DOUGHTON. 


41 


Let iis go back to Ashe Comity for just a moment. The first thing that we 
5<ee in the hriet under the head of Ashe County is the name of “ J. A. Pierce, 
registrar (Ti-assy Creek jirecinct, admitted he registered two Democratic women 
o lom he did not apply educational tests (627) ; also admitted that in can¬ 
vassing to register prospective voters he was looking for Democrats rather than 
Kepuhlicans. 

No\\, turning to the very page in the testimony cited, it shows that he regis¬ 
tered one Democrat and one Kepuhlican woman without applying the educa¬ 
tional test, and yet they are trying to create an tinfavorahle impression—say 
that he registered two Democratic women. 

ihe witness admits that he did not apply the test and that he registered one 
Itemocratic woman and one Kepuhlican woman, and that he did not apply the 
test because they were about 85 years old, and he thought they could read. 

In that same connection—that is just one instance—take this illustration: 
T. E. Irwin, registrar for Davidson Township, says James Mills wrote him a 
letter that he wanted to vote the Kepuhlican ticket and wanted a set of tickets 
voted for him, and he was voted Kepuhlican upon that. That is shown upon 
page 228 of the testimony, I suppose that if that had been a Democratic vote 
that they would have held up their hands in holy horror at the miscarriage of 
justice, and yet he simply writes a letter in which he says that he wants to 
vote the Kepuhlican ticket and the registrar for the district votes him. 

Now, you take their brief, and they single out some single instance and say 
that the election was unfair for this reason or that or the other. 

Take the third ward at Statesville. They want that thrown out because the 
Kepuhlican judge did not sign the returns. They maintain that it is unfair and 
that the vote was not properly canvassed and returned, and I do not know how 
many more objections. 

Now let us see what happened there. In their brief they charge that it was 
illegal. They charge that the Kepuhlican judge would not sign the return. 
Here is the record, on page 241. which shows the Kepuhlican judge did sign 
the congressional return : 


To the bonrfi of coiintji canvaHnera of Iredell County: 

We, the undersigned registrar and judges of election of the third ward pre¬ 
cinct, Statesville Township, Iredell County, N. C., having held the elections in 
rhe aforesaid i)iecinct according to law, do hereby make and certify to he correct 
the following statement and returns of votes cast for candidate for the office 
of Kepresentative in the Sixty-seventh Congress of the United States, for 
eighth district, at the election held in said precinct on the Tuesday after the 
first Monday in November, it being the second day thereof, in the year of our 
Ix>rd 1920, to wit: 

K. I.. Doughton received 1,180 votes. 

Dr, J. I. Cami)hell received 494 votes. 

In witness whereof we have hereunto subscribed our names on the 2d day 
of November, A. D, 1920. 

J. K. Alexander, 

W. C. Moore, Reylntrar. 

W. II. Ktmhall. 


And the only reason that he did not sign the other returns, according to h s 
testimony, was “ Mr. Mooi-e just got these ready and 1 signed these and got ip) 
iind went out—he didn’t have the others ready, and I didn’t go in there any 

more.” , , , i .. •*. <- 

The reason he did not sign them was that he went home and did not wait to 

si'm them but he signed the congressional return. And now they are asking 
that those ballots lie declared illegal, and they are attempting to create the 
impression liy the r brief that the election was so rotten that the judge would 

not sign the return. , * 

Mr Ci A.RK Mr Hoev, is there anything in the record that shows that at 

Jiiiy a niajoVity of tl.o .iiidfjes of tlio elootioii. in any in-ecinct, failod to 

sign the returns? 

' :^Ir. Hoey. In two or three precincts they did. 

^Mr. Clark. What county? . x , . ^ i i, 

Mr Hoey. There were not many that failed to^ sign. I would not iindeitake 


to say just offhand. 

Now. gentlemen, I do not 
voted that were not entitled 
no erroi’S made, because the 


attempt to say that there were not some voters 
to vote, 1 do not attemiit to say that there were 
election was held by just human beings and they 


42 


CAMPBELL VS. DOUGHTON. 


make some mistakes and errors the same as anybody else. And sometimes the 
mistakes were made on the part of the minority men and sometimes on the 
part of the majority. 

Mr. Nelson. And they were not only with respect to the congressional elec¬ 
tion, but to the other offices also? 

Mr. PIoEY. They applied to the others also, in addition to the congressional 
election. Now, in some instances, somebody would get mad about the way 
that matters went or something of that sort. It was no different from any 
other election that is held along that same line. 

Now, take Iredell County, if I may mention something just to show the 
general character of the election. In Iredell County is located certain felons 
who voted for Dr. Campbell in violation of law, and let ns see what the records 
show about that. 

Take the case of R. A. Garris, on page 831 of the record, and J. C. Shoe¬ 
maker, pages 832 and 833 of the transcript. Shoemaker, who was a felon, 
states that the Republican chairman told him to vote. 

D. \V, Harmon, on page 219 of the record. All of those men are felons and 
voted for Campbell in Iredell County. 

And take W. Clai-ence Miller. He was a deserter, who served a sentence in 
Leavenworth prison and also did not pay a poll tax. He voted for Campbell. 

Dr. Campbell does not challenge those voters, yet he challenges men who were 
in the service of their country, challenges those men who did not vote for him. 

Now. if you will read this evidence you will see how erroneous the con¬ 
testant’s brief is. Take the case of Roy Tilley. It is claimed that he voted' in 
the third ward of Statesville. He claimed not to have voted. The registrar 
and the judge state that he did not vote, and the poll books show he did not 
vote. There is one witness, however, and the only witness that they had, swore 
this, “ that his daughter-in-law told him that Roy’s sister said that he was not 
21 years of age.” 

Now, I challenge an.vone to read the evidence and show that he voted, yet 
they want this vote deducted from Doughton. And that in spite of the fact that 
the registrar and the judge of elecCons and the witness himself says that he 
did not vote, but this is the evidence that they are bringing before this com¬ 
mittee and on which they are basing their charge that there were illegal votes, 
and charging high-handed methods in permitting mvn like that to vote. 

Mr. P EKKiNs. With reference to the absentee votes, can you tell what relation 
the absentee votes for Congress bore to the absentee votes for the other officials? 

Mr. Hoey. Yes; I am glad that you mentioned that. That is the very next 
thing that I want to take up. They have decried the fact that they did not get 
near as many of the absentee votes as the Democrats did. 

Take this complaint. I believe that they complained about Salisbury. Salis¬ 
bury is a city that is divided into four precincts. It is in Rowan County. There 
was a heavy absentee vote there, and if you will take the evidence as shown 
in this record and as shown by Republican witnesses, as well as Democratic 
witnesses, that the remarks made at the time the ballots were opened were that 
they did not contain Doughton ballots. A Republican judge, Gus Price, a lead¬ 
ing lawyer and who was the United States assistant district attorney under 
President Taft, testified to this fact. He was judge of the elections and a man 

the highest intelligence and integrity, and he swore that there were a dozen 
instances where the ballots were opened and found not to contain any con¬ 
gressional ticket voting Democratic or otherwise. Now, if there was anything 
wrong anywhere in the city of Salisbury—^and I do not know that thei’e was— 
but it is a city of right good size, and they could not identify all of the people 
always, it is perfectly clear that Doughton did not get that vote. 

Now, if you will take that city in the four precincts, Mr. Doughton ran about 
-Id votes behind in each precinct, and the judges, the Republicans and the Demo¬ 
crats, say that he did not get the absentee votes, or anything like tlie number 
of absentee votes that other Democrats got, although all Democrats who voted 
in person voted for him. 

Right along that line there is very little difference in the vote for Doughton 
and other Democrats in Rowan (Vninty excei)t in Salisbur.v, the four precincts. 
They ran about the same. Now, what happened there? In that city these ab¬ 
sentee votes were not cast for the Congressman. In one precinct in Salisbury 
Dr. Campbell ran about 40 ahead. He ran ahead of the ticket. 

Mr. Nelson. He ran ahead of the ticket for whom? 

Mr, Hoey, He ran ahead of his ticket for governor, clerk of the court, and 
the electoral ticket, and for the other county and State officers. This was 
something different from every other precinct. 


CAMPBELL YS. DOUGHTON. 


48 


^Ir. Clakk, He ran ahead of the ticket for the comity officers? 

Mr. Hoey, He ran ahead of the ticket for the county officers, according to all 
of the evidence, and yet throughout the county he ran right along with the ticket 
in the other precincts. I do not know how that happened at all. I would not 
undertake to say, but in one of the prec ncts of Salisbury Dr, Campbell ran 
ahead of the Kepublican ticket. And if you will take the vote in the county 
you will see that he ran along with the ticket in the other precincts. 

Mr. Cable. He could not have run very far ahead, according to the record we 
liave here. They show six, five, one, at Salisbury. 

Mr. PIoEY. You are now referring to the absentees? 

Mr. Cable, Yes. 


Mr, Hoey. I am talking about the whole vote and you are .lust taking the 
contestant’s summary of the absentee votes. Now, that does not show a correct 
statement as to all of the votes. 

I want to call your attention to this fact. As I read the evidence over, there 
are so many different places in his brief where he asserts that groups of votes 
were cast for Houghton whereas it is not shown for whom the.v voted. He 
just states that they voted that wa.v, and does not attempt to prove that they 
voted for Doughton, hut seeks to deduct them, anyway. 

Now, Mr. Britt, when a contestant himself, addressing the committee, laid 
down what I think is law—and I maintain is law now—and I am going to ask 
you to apply that now. And he did that when he was talking about a man 
being liable for poll tax and .getting a release. He said, “ He can get a release 
from the county board t he can be too old to pay and it must be made to appear 
by these gentlemen that it was not paid, and then they must prove that they 
voted for Britt,” 

Now, that is what he said when he was arguing to the committee himself. 
And that is the law now. The only difference is he has changed now, and 
wants to take votes away from Doughton, whether he received them or not. 
The.v show lists of 04 and 250 names, contending that they voted for Doughton, 
l>ut in many instances they did not vote and in a large number of instances 
they do not show that they are liable for the payment of poll taxes. In order 
to he liable for the payment of poll taxes they must he between the ages of 21 
and 50. After a man reaches 50 he ceases to he liable for the payment of poll 
taxes. And then the soldiers and sailors were exempted. 

Many of these men whom they subpcpnaed were proven to be 52, 55, and 
GO years of age, and in that case they were not liable for the payment of poll 
taxes. They have argued that these ballots should not he counted because 
these people did not pay poll taxes, when, as a matter of fact, they were not 
liable for poll taxes. 

Now, they do not mention that fact. They do not refer to the cases where 
the people are distinctly not liable. And you can not take any portion and 
make a comparison of the evidence which they have suhmitled in their brief. 

New, they have been talking about the Democratic officers or registrars. I do 
not undertake to claim perfection for them, but the law in our State i-equires 
that a man in order to be a registrar has got to be a man of good character 
and .good reputation, and the men who are registrars in the eighth congres¬ 
sional district are the equal of men anywhere in North Carolina. They are 
as good men as you can find in their localities. Then, the courts are open, and 
if they can prove that they are not men of that that type, they can have them 


removed from office. 

Now, our election law requires that the registration hooks shall he open for 
registration on four da.vs—on four Saturdays as regular legistiation da^s, at 
the polling places, and the registrars receive as their compensation so much per 

name for registering a voter. i 

The books are open during 20 days, and persons can come to them an.v day 
and register. Thev can do that during that entire time cf 20 days. 

\nd those registrars go out on trips to register voters; do so purely as a 
matter of accommodation. The.v did that i)revious to this last election. As 
you know, we had an unusual situation. The women voted for tlie first time 
in my State at the last election. 

Now the.v were not u.sed to attending polling places to register and the.v 
were not used to other things that hai)i»ened, and every registrar, practically, 
was urged and recpiested to go out and register the voteis. . . 

There is another significant thing in connection with this situation in my 
State that Brother Britt has not touched. That is where the witnesses have 
shown where registrars went out from oertain places, and in one instance a 


44 


(’AMPBELL VE. DOUGHTON. 


registrar went out and register'd 12 Hepiibliean women and only 4 Democratic 
women. He does net place any stress on that at all. They do not think of 
that. But there is testimony showing that tliat actually took place. 

Mr. Nelson. IMay I interrupt you? Were they paid for their trouble in go¬ 
ing out and registering these people, or did they do it free? 

Mr. IIoEY‘. They went out as party workers, so that they received no extra 
compensation—no more than they would have received otherwise. I think 
that they received 3 cents for registering each name, or maybe their compen¬ 
sation is 5 cents. But they get the same compensation wherever they register 
a name. It is shown in this record that the registrars never failed to go any 
place that they were re(piested to g(^ to register a liepublican. And when they 
were out reg storing i)eople they did not refuse to register Bepuhlicans. 

There is test mony of i-egistrars in this recoi’d to the effect that when they 
went out on a trip they registered Uepuhlicans as well as Democrats. They have 
been asked why they did not register as many Republicans as they did Demo¬ 
crats. xVnd the lestimony is to the effect that the reason why they did not regis¬ 
ter as many Hepuhlicans-as they did Democrats on these tr ps was that the 
Republicans had been more active in their work and that the Republicans had 
come in early and registered ; consequently, it was not necessary. That is the 
situation in my section of that State, and I tlpnk that in the entire district that 
the Rei)uhlicans wei‘e more active and that they registered before the Democrats 
registered. Bet me say in connection with this situation that I have seen them 
day after day take automobiles and go out and gather up i)eople and bring 
them into the registrar. And especially was that so during the last week of 
registration. And that is the reason why there was not a larger niunher of 
Republicans who registered during the last week as there are Democrats. 

This is not the only line of activity. I want to refer you to one place particu¬ 
larly where the Republicans voted 100 per cent of their entire registration. 
They have a 100 per cent election, so if they did not vore absentees it was because 
they had all their voters i)resent in ])erson and voted. Anyhow, in this one 
in’ecinct they all came and voted, and they voted 100 per cent of their registra¬ 
tion list. That is the situation largely throughout the entire district. 

Now, getting hack to the registratOn of these voters by the registrars. The 
Republican registrars did the .same thing as the Democratic registrars when 
they were in jmwer. The Democratic registrars never failed to register the 
Republican women when they were asked to do so. Of course, the men are 
always nou-e active for the’r own parry. We always have that. 

Now, they had a Re])ul)lican icgi.strar in one i>recinct, ('barley Dobbins, wlio 
did not return the rt'gistration and poll hooks, and also said that a.ny Democrat 
would be run out of his townshi]). He voted several Republican women absentees 
without any affidavit. That is one Republican registrar to which they make no 
mention in their brief. 

We are not complaining about that, but that just shows the kind of evidence 
they are submitting. 

There was one precinct. Wilsons (h’eek, in ('aldwell County, where the Demo¬ 
crats received 22 votes and the Rei)ublicans receive<l 12. where no returns were 
sent in. That would make a difference of 10 votes in favor of the ('ontestee in 
this case. 

Now, 1 want to call your attention to ju.st one other thing in this brief that 
I wish the committee to consider, that I think is im])oi‘tant as giving an idea 
as to the claims made in this brief. On i)age o2 of tbe’r brief, you will notice 
this statement: “ J. (). Hardin. Oldtield Township, says the registrar refused 
to register 18 Republican women, on account of education tests; that he did 
not refuse any Democratic women and registered a great many who could not 
read and write.” Those women were not reg stored, yet they count them anyway. 
That refers to page 713 and 714 of the recoi’d. 

Now, on that same pa.ge. down about the middle of the iiage. ai)i)ears the 
following: 

“J. (). Hardin. Says 18 Republican women were refused registration on 
account of tbe educational test, but no Democratic women.” And that refers 
to page 713 of the record. I'hose IS women are counted twice on that same 
page, and they are all included in their sum total when it is added up. 

Now. when you turn over and read the testimony, you will find that there 
were three women there that did not get to register. Then, thev say that “ it 
is reported that there were 1.7 more.” Now, they take that to' ma'ke a total 
of 18 in that statement. The testimony is that there were 3 that were not 
registered and that it was reported that there were 15 more and counted those 


C’AMPBELL VS. DOUGHTON 


45 


the 3 that did not register, and that makes 18. And they 
donble that on the same page, making a total of 36, 

testimony is that there were three that did not register, 
but that It was reported that there were 15 more? 

state* ‘It the hottom of the jiage, yon will observe they 

J. ^1. Tucker says in I»eak (h*eek 13 Democrats were challenged, hut were 

or 11 of these had not paid 


[hem 


allowed by officials to vote Democratic ticket, 10 
their poll tax. (1557.) 

Now, if you will turn to page 65 of this brief, at the bottom of the page, 
jou ill find that same thing stated again, and under the same maiTs name, 
are the facts with regard to that registration? 

1 he facts about it are disclosed in the evidence, (diairman Austin rendered 
the money to the sheriff of Ashe County to pay the poll taxs and the money 
was refused. This was a good tender and under the supreme court decisions of 
North (’arolina they would clearly be entitled to vote. 

But INIr. Britt in his brief counts these same voters twice and deducts 
from Mr. DoughtoiTs vote. 

On page 52 of Jheir brief they state, “ David Eller, Republican judge, Clifton 
jirec net: Says 85 Republicans and 15 Democrats did not vote in that precinct; 
that it was formerly a Republican precinct and is now Democratic.” (68.) 

The.v do not say the reason why they did not vote. They simply say that 
the.v did not vote. That has always been a Democratic precinct anyway. The 
only time that it ever went Republican was last year for the sheriff. The sheriff 
lived in that precinct, and he carried it, Init it has always been Democratic at 
every election before, and it was Democratic at this election. And that is what 
this witness swears. They say that heretofore it never went Rejiuhlican ex¬ 
cept one time and that was when the sheriff resided in that township. 

Now, this is the sort of stuff that this record is made up of. 

Mr. Clark. Mr. Hoey, if you will turn the page, you will see that 85 was 
“ the report.” 

Mr. Hoey. Yes; that was the repoi’t. They did not vote. The.v do not say 
why they did not vote, nor do not give any information about them, except that 
.they did not vote. That is the information that you will find running all 
through this entire brief. 

Mr. Perkins. The testimony on page 669 is that they did not present them¬ 
selves for registration. 

[Mr. Hoey. No; they did not present themselves for registration. They say 
that they did not. 

Now, they talk about the officers not being fair. There is one county where 
they had a'Republican sheriff, and he would not even let a Democrat see who 
ha(i paid their poll taxes. This Republican sheriff would not let any Democrat 
see who had paid their poll taxes. 

Oh, they say that he was following the example of some Democrat, and when 
you put tile witness on the stand, he did not testify that the Democrats would 
not let him see. He said, ” Oh, no; he would let me see, hut I have heard that 
he would not let some one else see.” And ther.t^ is the instance of the sheriff 
in one county where a man wanted to pay the poll tax for a certain hoy who was 
away. He sad, “What is his name?” “Richardson, .Tames Richardson.” He 
looked and said that he did not have any .Tames Richardson. The hoy’s name 
was on the hooks as .Tames IT. Richardson, hut he would not let him see the 
hooks He simplv told liTii that he did not have any .Tames Richardson. That 
was Vhe Republican sheriff of Ashe County, and yet they would have you be¬ 
lieve that the only irregularities in any way—and from looking at that list 
you might think that all of the irregularities in connection with the election 
down there was the work of Democrats. And this record discloses any number 
of instances. I want to ask you that you take up this record and examine it, 
and I am sure that you will find just what the facts aie. 

Now t*ike this place here where Tucker talks about 11 votes being cast where 
th^ men had not jiaid theT* poll tax. He states that they were challenged, hut 
wove allowed to vote, although they had not paid their poll tax. 

individual c? ses where the registrars were assaulted because 
I'egister men or women who could not read or write. 5 on 
assaulted in Ashe county a.lone Hve registrars. And the rea- 
assaulted was because they wou’d not reenster men or 


And take the 
they would not 
know, there were 
sons that they were 


women who couhl not read or write, and the Republican county chairman of that 
county had issued a circular in which h(' urged tlami to go to a registrar and 


46 


CAJVIPBELL VS. DOUGHTOX. 


if the registrar would not register them that they would determine the reason 
wliy. You know that the constitution and the law provides that they have 
got to be able to read and write before they can regiser. Yet the Republican 
county cliairman admits writing a letter of that kind, which is a clear invita¬ 
tion to violate the statutes and the constitution. And the result is that the regis¬ 
trars are assaulted. There is one instance of a man whose home was not in 
North Carolina. He was challenged. His family was living at Abbington, Va. 
His wife had never lived in Ashe County, and somebody challenged him, and 
they proved by three different witnesses that he swore in court that he was 
a resident of Abbington, Ya., and that that was his wife’s home, and that he 
did not live in Ashe County at all. 

Those are a few concrete instances, jind unless you have the time to go 
through this entire record you will fail utterly to grasp, no doubt, the full 
situation as covered by the record. 

Now take the matter of absent('e registration. They show the name of the 
absentee registers, and all they say is that it is unfair. But they give the 
name of Registrar Shank, of Salisbury, and say that he placed two names on 
the book at the request of the boy’s father, R. A. Kohlass. He went to the 
registrar and said that Ins two sons were away at school and that he wanted 
to register them, and he said that “ my boys are away at school and it will 
cost me between $20 and $40 to pay their railroad fare so that they can come 
home and register.” Shank says, “ I will register them for you.” And they 
voted absentee and a Republican ticket. This shows that it was possible for a 
Republican having two bo.vs away attending school to register them and have 
them vote while they were off at school. If this had been done for a Democrat, 
they would cry fraud. They voted the same as any other absentee voted. 
Now I want to say this, gentlemen, about absentee votes. There is not any¬ 
thing in the entire record that shows that a single man sent in a single Repub¬ 
lican ballot where it was not received and counted for the man for whom he 
voted. There is not one instance. Every single official received every single 
vote that was sent in, and every one of them was counted for the man' for 
whom cast. 

Now, this law was administered as fairly as any set of men can administer 
a law, as it is humanly possible for them to do with the human elements , 
entering into the administering of the law. They di<l it as well as they could. 

iMr. Dlakk. Is there anything in the record to show that the absentee voters 
on one side fared any better than the absentee voters on the other side? 

Mr. Horw. Not at all. I am glad that you mentioned that. I want to come 
to that now. Now, if you will take up this record—they talk about illegal 
measures—I want to call the committee's attention to their method of ])rocedure 
with reference to the entire contest. It has been irregular all the way through, 
whereas their own witnesses testified that tin* Republicans placed the same 
construction upon the ab.'^entee voters’ law that the Democratic registrars did. 
Eor instance, all of the evidence printed in this addenda to the record was re¬ 
jected by the Clerk of this House because it was sent in (*ontrary to law. Read 
the ruling of the clerk in this record. 

Now, that evidence was taken in the counties of Ashe, and Stanly. What 
happened? The commissioner, whose function it is undei- the law to send the 
evidence taken in an election case to the Clerk of the House, did not do so. In¬ 
stead of that, the evidence was sent to the wife of the chairman of the Repub¬ 
lican Congressional committee of that district, iMrs. Dorsett. What business 
did he have with the evidence in this case? It was sent to Mrs. Dorsett by 
the commissioner, and the clerk received it from her, she being a notary piibl'c, 
living in Rowan County. He had nothing on earth to do with it. ' Inst 'ad 
of .sending the evidence to the Clerk of the House of Reiiresentatives as the 
law provides, it was sent to the wife of the chairman of the Republican con- 
gi-essional committee of the district and contest manager for Campbell, and 
it was forwarded by his wife to the Clerk of the House. 

Mr. Cahle. Do you claim that any of that evidence is incorrect? 

iMr. IloEY. I do not know about that. I did not say that. But I claim this: 
They are such sticklers for observing all the regularities about everyth‘ng, and 
they have not observed any of the regularities about this "ontest froiii beginning 
to end. Take this evidence. i)ractically every word of it, when it is supposed to 
be rebuttal testimony is new matter. They hcfiin on the rebuttal testimor.y. as 
they call it, at i)age 110(5 of this record, and instead of rebutting, thev brought 
in new matter, of which this contestee had no opportunity of knowing and 
whi( h he has had no o])portunity to rei)ly. 


CAMPBELL VS. DOUGHTON. 


47 


Now, coming to the main proposition; on the last day of the rebuttal hearing 
they put on the stand a witness by the name of J. D. I^ee, who lives in Stanly 
County—doesn’t even live in Rowan County—and they took up a list of 253 
names, and they had him swear that he did not know them and did not find them 
on the book, and they want to take them away from us on that account. We 
had no chance to answer. He took these names and he does not say how 
they voted, but Mr. Britt asks that all be deducted from Doughton. He does 
not know the men and he does not live in the county; but he goes on the 
stand in the last hours of the hearing and testifies about this list of 253 names. 
What happened? You go to the registration books and, for instance, you find 
there “ Ora Dalton ” and “ Mrs. K. T. Dalton. Now, is Mrs. Dalton the same 
woman? I do not know. Lots of times, putting down names in the poll books, 
the registrar, putting down the wife of a man he knows, he will write her down 
under her husband'’s initials. Many of these people live somewhere else. This 
man says, “ I don’t know anything about them.” Therefore, you must take them 
off of this list. 

We say none of this rebuttal evidence ought to be considered by the committee 
unless it is rebuttal. In other words, new evidence offered under the head of 
rebuttal should not be considered. But, if you should consider it, we have with 
us depositions of the registrars, taken since that time, and they cite the name 
of the woman on the poll book, and the name by which she voted, identifying 
her, and saying “ These two names are of one and the same person.” and that 
they knew them to be so at the time. 

What else happened? Dr. Campbell’s contest manager lives at Si)encer. and 
they put in a list and had this man Lee swear to that. Darsett did not after¬ 
wards go on the stand; he did not dare go on and swear that these people did 
not live there, and that he did not know anything about them. They did not 
dare ask him, “Do you not know this woman is that man’s wife;” but they 
picked up J. D. Lee, a nonresident of the county, and brought him in and had 
him swear to that. 

I^Ir. Cable. Did the witness testify from memory or from registration books? 

Mr. Hoey. He testified from registration books, and he said he did not know 
the people; but he admitted that he had made out another list from another 
place; and they were all accounted for. We notified the other side to be present, 
and they were* present; and we accounted for all those votes. 

IMr. Doughton. In addition to tliat, every one of them voted, anyway. 

Mr. Hoey. As Mr. Doughton suggests, they all voted. 

He takes 253 off. on this evidence of Joe Lee, this nonresident who does not 
know /inything about it. They took off 253 of his votes; and that is the way 
they account for and prove all of them that they have taken off in this case; no 
basis for it, but just an assumption: “ We do not find them on the books in that 
name, therefore they are not right.” 

Now, on the question of residence: I was astonished to hear Mr. Britt say 
this morning that the rule laid down was that a man could not live under the 
law of North Carolina, and stay away, and still vote back at home. In other 
words the law in our State is just like the rule of the domocile in the balance of 
the States. Our supreme court has decided over and over again, Mr. Britt 
and nobody knows it better than you do that that is the rule. They d'ecided 
in 180 North Carolina, just a short time ago, as follows: 

“ Where a registered voter was absent in military service, his father s offer 
to pay the poll tax without physically tendering the money held a suflicient ten¬ 
der to qualify ^ voter.” i i • -i 

That is, if he still maintains his residence he is entitled to his domicile. 

^ “Evidence that a person temporarily alisent a few months in carrying <^ut a 
logging contract merely rented his home, expecting to return to it, etc held 
to show that his residence was not changed, for domicile is a place ^^hele a 
nerson lives and to which, when absent, he intends to return. 

IMr Cable’. That would not cover the case of a family moving away and tak¬ 
ing lip Government employment, outside of an official residence. 

T^ie?^ airman!”^J^ 11 .^^ive for the record what you are I’eading from? 

Mr Hoey. One hundred and five Southeastern Reporter, page D2; the case 
of Groves v Commissioners of Rutherford County et al. 

Ml PFRKiNLS Is not the whole thing controlled by the intention to return? 

mI' HofV Oertainlv; and our court has held that the whole test is not how 
lonjt YOU are away, but whether, when you leave, you intend 


to return, and 


48 


CAMPBELL VS. DOUCxHTON. 


whether you liave establislied your political residence somewhere else. The 
i-ule ill our State is .iust like stated in Corpus Juris, that it is a matter of 
intent. A man is entitled to one home, to one residence, to one place of voting, 
and so long as he maintains that home, that place, and complies with the other 
laws, he is entitled to vvite there. Our court has so held, over and over again, 
as to people living in Washington or anywhere else; and there is no contro¬ 
versy under our laws. That has been decided in tax cases and bond cases 
and election ca.ses of all sorts. 

We had a contest in our county a few years ago, in which the office of the 
clerk of the court was contested, and that went to the Supreme Court, and they 
decided it in favor of the Republican—just to show how fair we are—just on 
that question of residence. In that particular election the Democrat had the 
office by a majority of five, and upon a recount, and upon irregularities being 
established, the court sustained the contestant and the result of the election 
was the other way, and we turned the office over to the Republican. That was 
the case of Quinn r. Tjatimore, 120 N. C. Those things have been decided over 
and over again, and it is not a matter of controversy any longer in our State, 
and our courts are uniformly fair. 

Mr. Clauk of Florida. What about tbe intimidation on account of those pic¬ 
tures and things of that sort? 

Mr. Hoey. i\ir. Clark, I had thought that that was so farcical that I had not 
intended spending any time in discussing it. To my mind, that is absolutely 
absurd. I speak about the picture of President Harding with some pictures 
of Negroes in the same body. In one or two places they will say that some 
men presented it, and they got into an argument about it, and some man tore 
it up and that was the end of it. It is an utter absurdity. We say that not a 
man or woman in North Carolina wois influenced by that picture. Every wit¬ 
ness went on the stand and said that he knew it was a lie—I do not know 
whether it was a lie or not, but it is proven in this testimony that it was all 
a lie—and they did not any of them believe it. They will tell about some other 
timid soul that was affected by it, but they say it did not affect them. But 
all this evidence was hearsay. They said that they did not—they did not put 
on the stand anybody who said that he did—fail to vote on account of this 
picture solely and alone; but they all said, “ I heard this man over here say 
so,” or “ She said she was not going to have anything to do with it,” and all 
that kind of stuff and talk that did not play any part in it. 

Mr. Bkown. Of course, you do not approve of that kind of slimy doings. 

IMr. Hoey. Of course not. 

Mr. Brown. How do you account for the fact that it ever appeared? 

Mr. Hoey. This evidence discloses that a lot of it came from Ohio. Down 
in one county, in Stanly County, they got out a circular saying, ” Jimmy (’ox 
taught a Negro school.” 

IMr. Brown. It appeals to a certain kind of mind. 

Mr. Hoey. Yes; and they circulated reports that William C. McAdoo, wdiile 
Secretory of the Treasury, put in a full-blooded nigger in charge over a white 
woman, a Democrat, here in Washington; and they said, “Come on Democrats, 
with your nigger business. We are ready for you.” 

IMr. Broavn. Who pays for that? Who gets that sort of thing started in that 
kind of a campaign? 

IMr. Hoey. I could not tell you who did that. There is no evidence that any 
authoritative source had anything to do with it. 

Mr. Clark of Florida. I have understood that this business started at 
(’hicago. 

Mr. Hoey. I do not know where that started. I do not know^ where it 
started, but I know it was going all over the State in this campaign, and I 
never saw one of those Negro pictures until I saw one the day before elec¬ 
tion. I made 85 or 40 speeches, in every section of the State, and never saw 
one of them. I spoke five or six times in the eighth district, and never saw 
one of them, and I never mentioned nigger in any speech that I ever made—I 
mean in that cami)aign. 

This evidence wall disclose that Mr. Doughton never mentioned nigger. All 
his opi)onents wdll swear that he made a clean, decent campaign, and there Avas 
nothing to c<anplain of. We find the opposing campaign manager, for ]Mr. 
(Jain])bell, say ng that he heard Doughton, and that he made a clean speech; 
but that he ahvays did so. j\Ir. Doughton knew’ nothing about it. He testified 
lhat he only saw one of these things one time. 

Mr. Clark of Florida. Is there any place in the record where Doughton is 
(onnected wJth any of these irregularities? 


CAMPBELL VS. DOUGHTON. 


49 


Mr. Hoey. No. sir. Thei'e are pa^es liei'e of evidence, of hearsay, and 

reports of one kiiul and another, and yet there is not an iiUiination. not even an 
in.sinnation or an innuendo, that ^Ir. Iton^hton did anythin.u wronj; in any par¬ 
ticular or had any coniuH-tion with any iri’cjiularity in this entire election. 

1 Init is a sort of triluite Unit would he v.iu’thy of any man rejii'esentins any 
constitueiH'.v in the Con,uri‘ss oi‘ the Cnited States, and you liave that character 
of man to deal with hen*; and if I may he [lermittiHl to say it in his ])resence, 
from my lilelon^' kno^^■led,^e of and ac<iuaintance with him, 1 know that if he 
ever thoujiht there was the slightest taint resting upon his claim to represent 
the sovereign State of Noidh (,’arolina he would suri’ender it. and he would not 
serve another day in this hody ; and as you have been associated with, if you do 
not know that, tlum you have fsiiled to kno^y the man that we know in North 
('aroliim as ]>oh Doughton. 

Mr. { Ain.E. I can sec* why hi' had you make so many speeches in his district. 

Mr. lIoKY. 1 was in favor of him. [Laughter.] 

The (’haium.an. \ou have not addressed yourself in particular to the matter 
of educational (pialitications. 

Mr. Hoey. 1 am glad you mentioned that. I would like to say this about 
that: The registrars vary in the way they apply the literacy test. 

The interpretation of the reeord here given by the contestant would try to 
lead the committee to believe that it was due to a partial administraticxn in 
favor of the Democrats and against the Republicans. That can not be sus¬ 
tained upon the evidence hei-e. They have placed upon the stand these regis¬ 
trars. and they have testified over and over again that they applied the tests 
in the same way to the Democrats and Repuhlicans. For illustration, this 
morning :Mr. Ih itt mentioned the case of an old lady'who testified^—or rather 
she did not testify, but someb(»dy testified for tier—that tbe regi.strar disquali¬ 
fied her because she pronounced the word “recognize” in some pkailiar way, 
liowever it was. The registrar himself went on the stand, and he swore tlnit 
the word “ recognize ” was not in the section that he submitt(*d to her. and that 
slie did not ivad the section and could not read it. Then she went on the stand, 
and they did not ask her to ivad a single line as a demonstration that slie could 
read. 

Mi‘. Dlakk of Florida. What was her name? 

Mr. Hoey. SextontV). The registrar went on the stand an.l said that he, did 
not give her a section with the woi'd “ recognize ” in it. 

Now take, for illustration, one of the registrars testified that on the first day 
he did not apply the literacy test, and that day 10 Republicans registered to 
1 Democrat, but that after the first day he did ap])ly if, and that nowhere 
near sucli a large proiiortion of Reimblicans registered. 

Mr. DofGHTox. He said he did not apply it the first two days. 

Mr. Hoey. That is idglit; that he did not apply it the first two days, and he 
applied it afterwaials througliout, and every one of these i-egistrars swore that 
they a])plied it in the same way to Republicans and Democi‘ats. 

.1. (). Hardin said that he saw three women refused i-egistration on account of 
reading, and it was reported there were 15 more, making 18, and it went in 
eoiiDted twice, making dO altogether. He testified that these three women 
could read a little, but he said they were used to reading the Bible and were 
not used to reading the constitution, and when they were asked to read the 
constitution they got confused and could not do it. 

Mr. Nelson. I had an idea, living away up north, that you had this registra¬ 
tion of votes and these poll taxes with reference to colored voters. Are you 
ajipl.ving those things to the whites now? 

Mr. Hoey. Ves; as 1 .said a while ago. we have wluit is called the grandfather 
claiLse in our constitution, which provides that all who could i-ead and write 
or who.se ancestors pi-ior to 1801) were entitled to vote, if they registered prior 
to 1908, could vote, and .so all the white people who registered pi-ioi- to that 
time are not i-equired to be al)le to read and write, and some colored people 
were not—tlio.se who were the de.scendants of free Negroes, as we call them, 
were not required to read and write. 

So 1908 came by and passed, and up to that time no educational qualification 
Innl been aiiplied to the white people, and .so naturally they did not apply it 
verv rigidlv from that time on. So it was ju.st a sort of a gradual api)lication. 
They do not apply it nil the time, and they do not apiily it everywhere, but 
wherever it was a'pi»lied, as it is evident in this case it was applied impartially 
to Democrats and Republicans as well. 


94789—22-1 



50 


CAMPBELL VS. DOUGHTON. 


The Chairman. Tliat raises a question that I would like to have you eon- • 
sider*and advise us about. I think you inijjht, with accuracy, have credited a 
little more extent to the nej^lect of this constitutional provision, for, judjtinj^ 
from the record and also from the asseveration of yourself in regard to iMr, 
CampbeU’s vote, and in re.uard to Mr. Doipuhton’s vote, I think any unprejudiced 
man must believe that there was an astonishinjj amount of disregard of your 
constitutional reciuirements. Perhaps I use the adjective inadvisedly, but to 
a northerner, who is accustomed to have these constitutional provisions looked 
upon as sacred—at lea.st I think I am warranted in saying that of my own 
locality- 

Mr. lloEY. I think that is true. 

The CHAiRifAX. One may well he astonished at many items of evidence in 
this record. For instance, there were localities where there was just as general 
an agreement not to enforce this constitutional provision as there had been 
about the poll tax. 

Mr. Hoey. Yes, sir; in effect. 

The Chairman. There were lo(;alities in which, toward the end of the regis¬ 
tration, they were afraid that they were i-unning some risk, and they began to 
apply tests that they had not applied before at all. 

Quite apart from these entertaining instances like that of the lady who was 
refused registration because of her pronunciation of the word “ recognize.” 
seriously, there was a gi-eat deal of fundamental disregard of constitutional 
injunctions. 

Mr. Hoey. Yes; there is no sort of question about it. 

The Chairman. Can you refer me to any previous election case where a 
committee has been jierplexed by the pi-oblem of knowing what to do, where 
both sides have ignored.the constitutional requirements. 

Mr. Hoey. The only tiling 1 know about that is the rules laid down in Corpus 
.Turis, and 1 belieAe. when there is a rule that is ignored, the parties are bound 
by their conduct. For instance, in Corpus .Juris I notice that they cite the 
doctrine which we know so well—that in equity a man who conies into court 
must do so with clean hands. In other words, if he has been the recipient of 
benefit in this be can not come in and complain about it. 

For instance, take the circumstance, according to the record, etc., that Dr. 
C'ampbell. in his opening speech, instructed the registrars to disregard this 
educational test. Take the county of Watauga. It went Republican; no educa¬ 
tional test was applied, and we have not examined any witnesses as to that 
vote, neither has the contestant. We did not challenge a man on account of 
that. They voted for the various candidates there. Nobody could tell. Take 
Alexander fkmnty. That went Republican. He carried ‘it. They did not 
challenge anybody on account of not being able to read and write, neither 
have we. 

In the county of Stanley, Dr. Campbeirs own county, there was not a single 
man challenged on account of not being able to read and write. That went 
Republican by a good majority. And in all those Republican counties there 
was not a challenge on account of reading and writing. The only challenges 
were in those counties which were carried partly by Republicans and partlv 
by Democrats, and there Dr. Campbell got a majority. 

The Chairman. Would it be your opinion that where there is a general dis¬ 
regard of the Constitution Congress is not called upon to take notice of it? 

Mr. Hoey. I do not think it would be, where it is by mutual consent. You 
notice in here they do not raise the point about particular counties; they 
only raise a point about a particular instance. They do not question the vote, 
but they are saying that in certain instances which they name this test was not 
applied equally to all. Take the county of Watauga and the county of Alex¬ 
ander and the county of Stanley, and these various Republican counties, they 
do not offer any objections in tliat, because they all voted and there is no 
question raised about it. 

The Chairman. Rut the heart of this contest seems to me to be the con¬ 
tention on the part of contestant that in two particulars, namely, that of the 
poll tax and that of the educational qualification, there was very considerable 
ignoi ing of constitutional requirements on the part of the contestee 

You letoit with the declaration that there was very consideralile ignoring 

contestant. Now% \ve come out of this, then, with the 
result that each of you has succeeded in proving that partisans of the other 
man did greatly and grossly- violate the Constitution. 

IMr. Hoey. Yes. 



CAMPBELL VS. DOUGHTON. 


51 


The Chairman. And there must have been hundreds or thousands of votes 
in that district cast by men and women who were not entitled to vote. 

You see it differentiates itself from the ordinary contest where there is a 
declaration that men are prevented from voting;. Here the declai’ation is that 
everybody shared in .ignoring the constitutional requirements. 

Mr. Hoey. Well, would not the burden lie upon the man to challenge? You 
see, that is the purpose of the whole thing. You challenge the man that you 
say is not qualitied and votes. Now, no challenge has been made of these. 
We say that if challenges were made and had been made, and if the literacy 
test had been applied, just like we say if you applied the poll-tax test, our 
majority would very greatly increase. 

Could there be any justification for taking the seat away from the contestee, 
Avho has a clear majority upon all the contested points and all the challenged 
points, and saying that because there has been a disregard of some educa¬ 
tional qualification, of which the contestant has not complained and of which 
lie was the beneficiary, we will turn it over and declare it vacant and give 
him the place? He has not challenged it and has not asked for it. Take 
these Republican counties where the illiteracy is greatest and the vote is 
large and he carries them all. He does not raise the point. He does not raise 
it here, except he says that here are instances where people were not permitted 
to vote. We respond, in the circumstances, that they were not qualified, 
and that the law was applied, and they did not meet the just requirements 
of the statute and of the Constitution, and under these circumstances it seems 
to me they are the only ones that are properly before the committee for action, 
bec'anse the remainder are not before the committee, because the contestant 
has not asked that they be considered, and the contestee has not asked for 
their consideration. So that it seems to me that if both sides participated 
knowingly in this proposition they assented to the fact that these people 
were not* qualified, and permitted them to vote, their mouths are closed with 


reference to that conduct. 

Mr. Wilson. Along the line of the chairman’s question with respect to waiver 
of the provisions of the law of North Carolina, take the educational qualifica¬ 
tion. Of course, the administration of that is somewhat within the discretion 
of the election officials. 

Mr, Hoey. Yes. 

Mr. Wilson. And it would be just on a little different basis from the waiver 
of the poll tax provision of the law? 


Mr. Hoey. Yes. 

Mr. Wilson. Take a county like Iredell, I understand that the management 
of both parties—and we will not consider the soldier vote in this, because you 
have there a certain infirmity clause, and construed by the attorney general 
in a way that the board has acted upon that—I understand that the manage¬ 
ment of iioth parties, and probably the evidence would show that it was within the 
knowledge of all the candidates, agreed to waive the provision with respect to 
poll tax • and following that, which had somewhat been the custom among the 
people to disregard it anyhow, that poll tax requirement was waived and no¬ 
body was asked to produce a poll-tax receipt or to show that as a prerequisite to 
his right to vote in that country. 

Now, I can appreciate that part. But in the tax case, in a case where the 
public is concerned, that waiver might have a different phase, with reference to 
levviii" of the tax or something, from what it would have in a case like this. 

So the point upon which we would like to have authorities, if theie aie anj, 
is this if it is shown by the evidence that the parties by coiumon agieenient 
Avaived the poll-tax requirement Avith the knoAvledge of the candidates—of the 
candidate elect-is that waiver such that their conduct, the conduct of either or 
all of them, could be applied as an estoppel, and such that we could say that 
after having done this no complaint having been made before the election, and 
having received the benefit, you can not noAV be heard to come before a com- 
mlttoe of Congress anrt ask that your acts and your acquiescence and your 
a-'i-eenient he disregarded, and tliat you he given tlie lieneht of wliat the inili- 

'■^Mr' Hm.^“'Jdiaristiid ,lown' in corpus iuris. And then there is th|s fur- 
the!- hotli under the decisions of the courts of our State and of all tlie States, 
they liold relative to a vote being cast, that having once been cast and re¬ 
ceived by the election officers then the burden devolves upon the challenging 
parly to cstnl)i;sh that it Avas an invalid vote. 


52 


CAMPBELL VS. DOUGHTON 


Now, we say we are perfectly williiifi" to take the poll tax, if you want ta 
follow that luethod, because l)y doiujt that we would jtaiii—I do uot know 
whether that is in the record here, hut ^^'e would jiaiii iiiuuensely—if you put 
it all over the district. Hut wherever the evidence is offered here, if you take tip 
the poll tax. there we will make a distinct i^ain on it. Hut \ye itrefer to rest 
111)011 the agreement made and actpiiesced in, in pursuance of which no chal- 
leiiites were made in these (‘oiinties. 

Mr. Wilson. Of course, we realize if we once set aside this iientlemen’s a.uTee- 
ment—or whatever kind of an attreemeiit you call it—then we A'o hack to the 
rule of law that the man complaining- about these votes must show that each 
individual voter whose vote is to he deducted was not (pialilied to vote. 

Mr. Hoky. That r ght. 

?di'. V'lLSoN. Of ('oiir.se we understand that. Hut the (iiiestioii the comm'ttee- 
wants to decide is whether we would he forced to do that, or whether or not 
the law would .justify us in taking and applying the agreement and acipiie.'^- 
cenci' of everybody eonnected with the election and hold'.ng that there is an 
estoppel. 

Mr. Hhown. ('an it he estopped by the agreement and aciiuiescenee of the^ 
committee chairman or the county chairmanV AVhat is your idea about that? 

Mr. Hoey. 1 think this: rmiuestionahly when an elecfoii is held and full 
knowledge is had of the basis and the terms upon winch it is being held, and 
where the law provides tliat it is h s duty to challenge and he fails to chal¬ 
lenge, and the election is held and he ac<-epts the henetits from it, and his own 
partisans testify that he did henetit from it and got a larger vote than he 
would otherwise have gotten, we th nk that both under morals and law he is 
estoi)ped by his conduct. 

Mr. Hrown. And by the agreement of the county chairman and the district 
(diairman- 

Mr. Hoey. Everybody, who- 

The Chairman. Hight there, Mr. Hoey. This is somewhat above the ordinary 
basis of court litigation, where the rights of parties are concerned. The 
primary interest here is not that of IMr. Doughton or IMr. Campbell. 

Mr. Hoey. No, vsir. 

The Chairman. Hut it is the interest of the Congress of the United States. 

Mr. Hoey. And of the electors. 

The Chairman. And of the electors; and if the record tends to show to us a 
gross and excessive disregard of constitutional provisions, what may be the 
duty of the Congress of the United States, not to Mr. Doughton and not to Mr. 
(Campbell, but its duty to itself- 

Mr. Hoey. Surely; hut that could only arise in case you wanted to declare 
a seat vacant. 

The Chairman. Yes; that is what I am leading up to. T asked you if you 
knew of any precedents looking that way. 

Mr. Hoey. I do not know of any iirecedents of contested cases. I was only 
giving the rule as cited in Corpus Juris and in all equity matters, and they 
have been cited and approved at various times in Hinds’ Precedents in decisions 
in a numher of cases here; I do not mean on that particular point, because I do 
not know that that point has been passed upon. 

Mr. Clark of Florida. Does not the record show that the educational quali- 
tication was enforced, and there is complaint about the nianner-of its enforce¬ 
ment? 

Mr. Hoey. That is the only complaint here,—that is, the complaint with refer¬ 
ence to the maimer of its enforcement. 

Mr. Clark of Florida. Yes. 

The Chairman. I think the record will show not a few instances where, by 
general agreement, the question was not raised. I remember, for instance, 
the testimony of one witness, and 1 think there were others, who expi*essed the 
belief that no white person ought evei‘ to he excluded from the franchise because 
he or she could not read or write. 

Mr. Hoey. Yes. 

The Chairman. And that seems to have been the popular opinion of the 
neighborhood in question ; and that raised in my mind the question of w^hether, 
where a locality chooses to set its own .iudgment above that of the fundamental 
law. ('ougress may ignore such tiying in the face of the constitutional 
authorities. 

Mr. Clark of Florida. Was not that .just some isolated expression of opin¬ 
ion? Does not the record, in fact, show that the educational qualification was: 

eiiforecil 2 




CAMPBELL VS. DOUGHTON. 


53 


Mr. \\ iLSox. No; not as a .wiieral tliiiiir. 

The Chaikman. No. 

Ml. IIorA. No; it does not sliow that it was always done. Tlu* evidence in 
the lecoid shows that that was what Fir. ('ainphell advised, that no white 
peison should ever he prevented from voting on account of educational (iiiali- 
hcations. 

Mr. Pehkixs. That constitution has been upheld, and it has been in force and 
effect and is .so at this time. 

Mr. Nelson. I want to get the conditions there clearly in my mind. I have 
in mind a case in which your predecessor, Mr. Wehh, was one of the parties. I 
just wanted to contrast them in my mind. I heliev’e the gentleman contesting 
there was a colored gentleman. I understand from both of you that it is now 
usually a contest between whites. 

:Mr. Hoey, That is all. 

Mr. Nelson. And I got tlu' impression that these ju'ovisions were largely 
a(h;j)ted to give white control. Now that the whites are generall.v voting, it 
would naturall.v follow that the.se things are falling into disuse? 

Mr. Hoey. Falling into disuse. It was adopted 20 .vears ago. At that time 
we had a large Negro population. We had a thousand Negro officeholders in 
the State, and this was adopted for the purpose <ff’ disfranchising them and get¬ 
ting rid of them ; and shice that time we have had only a limite<l number, school¬ 
teachers or somebody that coidd meet the I’eciuirements, and the general assump¬ 
tion has been all along—you see, the statute reads to the .satisfaction of the 
registrar.” There is nothing in the record that shows they have not satisfied 
him as to the qualiffcation. The record to which you refer is an exi)i"ession of 
opinion that that ought not to be enforced. 

The Republican county chairman in Ashe County sent out a circular and 
made speeches not to let an.v white person be disfranchised on account of this 
test. Dr. Campbell said that in the beginning of his cami)aign. There is no 
serious controversy about that question. The registi’ars went about the duty 
of i)erforming the functions of their office, and the only thing on which com¬ 
plaint is raised here is that they say sometimes this test was applied more 
rigidl.v to Republican voters than it was to Democratic voters; so that it seems 
to me that the only matter that is practically before the committee, the issue 
raised by this contest is not whether there has been a lax enforcement of the 
rule in the literacy te.st oi’ whether or not anybody has made complaint about 
it, but the (lue.stion is as to whether or not, upon the evidence in this case, the 
registrars have uniformly imi)roperly ai)i)lie(l the literacy test as set out in the 
record in this case. 

We are ready to stand upon the record. We say that the record in this case 
satisffes us that the election officers did fairly and impartially apply the literacy 
test. As I said a moment ago, one or two of them said the first Saturday they 
<lid not test them out on it. That does not mean that they could not pass the 
te.st; it does not mean that they registered anybody that was improperly regis¬ 
tered, but that they did not test them. Some of the registrars said that they 
<lid not applv the test at all. 

Mr. (Tark of Florida. The law does not recpiii-e them to ap])ly the test to 


everybody. 

Mr Hoey, It does not recpiire them to apply the test. 

Mr. Clark of Florida. If they know that a man can read and write and is 
qualified thei-e is no law requiring them to put him to a test. 

:\lr Hoey. No law requires that, and they testified that in a large number 
of instances they did not apply the test because they knew the persons could 
read and write. It seems to me that the other proposition, in fact, does not 
nrkse in this contest It does not arise on any issue. It is not brought forward 
hv’the conte.stant or the contestee. It does not arise upon the evidence in the 
case The onlv thing is whether or not these officials have unfairly and imi)ar- 
tiallv administered this; and if .so. whether they have deprived voters of their 
rights to the extent that it would cut down the vote of this contestee to the 

ex^tent of giving the contestant a majority vote. ^ . , , 

1 believe mv time has expired. We are very grateful tor the pat cut bear¬ 
in'-- that vou have given us this morning. I have endeavored to state, as clearly 
and fraiiklv as l' could in this limited time, the contentions on our side. 
Naturallv it would take a long time to go over the whole record; but, I bel e\e, 
fr ni thi.s examination and from your evident tamiliarity with the record 
a r ‘ (Iv vou are in iiossession of the facts that, based upon this, would give 
vou a clear in.sight into the real basis of this contest. 


54 


CAMPBELL VS. DOUGHTON 


The contestant has tiled a suinminj>: up of the vote, in the hack of his brief 
or close to the back of it. and he nndei-takes to qualify by saying that there 
ai-e 2,044 votes that ought to be counted for him and that have'not been 
counted, and that that would give him a majority of 966; taking from that the 
1,078 majority that was certified for Mr. Doughton. 

In order to get that you will have to include these lists, one of 253 at one 
time, and 235 at another time; and all those things that are just stuck inte 
the record without any evidence as to how these people voted or for whom 
they voted or as to their educational qualifications. There is no other way of 
accounting for it. 

On page 23, of our brief, there is q balance sheet, which is struck. I wanted 
to call .vonr attention to that. Von can count the poll-tax votes or not. as you 
like. If you exclude evei*y man in this record, who is shown to be disqualified 
on account of poll tax, and if you take every single vote that is challenged for 
the contestee; and, where the evidence sustains it, eliminate that; and. if. on the 
otlier hand, you eliminate those we have disqualified from the contestant, then 
we make a net gain in every county where evidence has been taken. Take the 
county of Iredell, there we would be gaining 120 votes moi-e than we got on the 
I'ecord if you apply the poll tax and all the othei’ tests upon his vote and ours. 

In the count.v of Rowan we would gain 221 votes from the certified record, 
and we have named the votes in our brief and given the page of the evidence 
and a summary of it, and that sustains it, and all that we ask is that you 
com])are that with the record and see if it does not sustain it. 

In Ashe ('ounty we wouhl be entitled to 23 more votes than shown in the list. 

In Stanly County we would l)e entitled to thi’ee more votes than shown—■ 
that is. .striking the balance, d scarding all he has dis(pialified and taking off 
all we have d squalified. 

This makes a net gain in tlu' district’of 351 votes, and it was 1.078. with a 
clerical ei’ror, which made 1,088. You add these 351 to that, and it makes one 
majority 1.430 votes. I am willing to stand upon the accui’acy of that state¬ 
ment. There ma.v be one or twc) typographical errors in oui* bi-ief. As 1 said in 
the beginning, you can not accept the other brief as a guide. All you can 
do it to compare the statements in our brief. All that we ask for the 
contestee in this case is that i)atient and painstaking and honest ('onsideration 
that I know you ai’e going to give to it. 

I said a moment ago that Mr. Doiighton would scorn to receive the certifi¬ 
cate for fir's seat if he was not entitled to it. He would not wish to occupy 

it a day longer than he thought he was entitled to it as a Representative of 
the sovereign peo])!e of the 8th district of North Carolina. He is not that 
type and character of man. The men, women, and children, who know him— 
as they all do in his district, where the.v Inn’e elected him for 10 years—and 
til's two years makes 12 years altogether—believe, as I stated before—Demo¬ 
crats and Republicans, in a large majority, that he is honestly and justly en¬ 
titled to this seat. Hi' now occipiies it. The law warrants it, and there has 

been no reason advanced, either in the brief or in the argument or in the 
recoi’d, that would justify any fair-minded comin'ttee, in my judgment, in un¬ 
seating him and taking away from him the prerogative of representing the 
sovereign citizens of his district and the right of the elector to cast his ballot 
and to have that ballot counted, and his voice heard in the councils of the 
Nation, and that supreme right of citizenshi]) ought not to be denied to them. 
I thank you very much. 

ARGUMENT OF MR. JAMES J. BRITT, ON BEHALF OF THE 

CONTESTANT. 

IMr. Rkitt. Centlemen, we are considering this case some 15 months after the 
election, and 400 miles from the place of election, and it is impossible for us to 
cai-ry our minds to the scene of the election and take in all that actually hap¬ 
pened. IMr. Hoe.v contends here that the conduct of the management of the 
contestee was correct, and that we have no just ground of compiaint as to the 
conduct of any registrar, any i)oll holder, or other person. I want to read a 
letter of the chairman of the contestee’s party in Ashe County, addressed to the 
electors of the county, and let the committee .see for itself whether it is not in 
line with the general imputation of unfair conduct on the part of Democratic 
election officials which was spoken of this morning. I read from page 625 of 
the record. [Reading;! 


CAMPBELL VS. DOUGHTON. 


55 


P]XHIBIT B. 


Ashe County Democratic Executive Committee, 

Jeffej'son, N. C., October 26, 1920. 

Dear Sir: We lost tlie last election by not ^tettinp; oiir voters out. Get them 
out this time and win. You should make a list of every voter in your township 
who is unable to get to the election and see that they vote by mail. I would 
also suggest that you make a list from the register books of every Democratic 
voter in the township and have some one at the polls to check each one’s name 
as they vote. In this way you can tell at any time who has not voted, and no one 
should be overlooked. 

In case the Republicans attempt to copy the register books this next Saturday, 
you should object. The registrars are honest men, and the register books .speak 
for themselves. The Republicans have a right to inspect but not to copy. 

All the tickets to be voted are now ready for distribution, and you should 
send some one for them at once, as they can not be mailed. 

I.,et every Democrat work this week and victory is ours. , 

Yours, truly. 


That is signed by W. B. Austin, who is the chairman of the contestee’s party in 
Ashe Count.v. That, Mr. Chairman and gentlemen, is fully in line with and 
strongly probative of the contention which 1 made this morning, that in every 
instance there was an effort on the part of the holders of the election within 
the’conte.stee’s party to prevent and hinder a free expression of the electorate for 
the contestant, in so far as possible; and here they are told by the chief party 
officer of Ashe County, “ You may let the Republicans see the book, but they 
have no right to make a copy ”; and without a copy on election day all the 
challenges that they might make would prove nugatory, because they would not 
know who ^yas challenged and who was not, because they had no list of names. 
I can show you how that was true of Statesville No. 3. It was true in more than 
a score of polling places named in the record; and that policy was imrsued gen- 
erally. 

I want to address myself once again to the partialities of registi'ars. It is 
amazing to hear my friend, Mr. Hoey, say that the conduct of a registrar. [)aid 
out of the public treasury, sworn to perform a public duty, in passing by 
Republican voters, and failing to register them, and going to Democratic voters 
and registering them, is simply a question of propriety. If that were true, the 
trust which you hold could be dealt with, like any other ])ublic trust, in a par¬ 
tial, damagiiig, discriminating, ;ind ruinous manner; one man could be made by 
the'conduct of a public agent, and another coulld be ruined by the same 
agency. I can not believe there is any rule of law or morals that would sus¬ 
tain that view. 

\s to the inaccuracies of contestant’s brief, a mere typographic error or 
two has been made by Mr. Hoey the ground of an attack on the entire brief. 
I want the members of the committee to take note of any errors. In some 
cases there are several persons bearing the same surname; in some instances 
the stenographer may have repeated one name, intending to write another. 
But you will find—and I challenge the record on that point—that there was a 


diffei-ent voter in each case. ^ ^ ^ 

In contestant’s brief, that we might be fair, we stated that, because of the 
-reat confusion in the testimony, it is not claimed in that brief that deductions 
made from the record were absolutely accurate. I’.ut, sir, if I were to follow 
the inaccuracies of the gentlemen on the other side, and call your attention 
[I, ."nreUeCs an^er, where he ehallense,! about 700 of eonteatanfa votes, 
but when the time comes to subpoena witnesses to the heaiing, the.\ <ibandon 
three or four liundred who were on that list, and furnish an entirely new 
list and we were required to furnish proof for one list, when it tuins out to 
be another list, a different list, you might see some reckless pleading on the 

^^‘^I^•eLr^volT^t^D^d County, where we challenged three or four hundred 
nnll tax AVe knew tbev were hostile witnesses, but we sub- 
mmae I’n em m put them under oath, aiid some 100 of tliem swore that they 
n, t X ter pull tax, a.al that they v,.te(l f„r -Mr. Doutthten. It is true 
ve f- e l ™ han half the iustanees. They were hestile w. nesses, anil 
nlwi nn cortitied record. The sheriff was indictable, under the law, for 
. furnish the list we applied for. We did not have a list, and we had 
the best we omn'riint we put then, to the test, these hostile witnesses, 


56 


('AMPBELL VS. DOUGHTON. 


and we proved tliat they had not i)aid their i)oll tax. 160 of them. ])iit voted for 
contestee. 

Let me call Mr. Hoey's attention to another matter on the <iuestion of ac¬ 
curacy. You liave s'iven two or tliree trivial instance.s here. Let me ^ive you a 
great group tliat would more tlian counterbalance all you have challenged in 
our brief, even if you made your challenges good. In the county of Iredell did 
you bring the alleged nonpoll-tax payers to the witness stand and prove that they 
had n(»t i)aid their poll tax? You did not bring a single one, hut you charged 
that some 800—l)etween 200 and 800—had not i)aid their j)oll taxes. And how 
did you prove it? You pretended to ju-ove it l)y getting a so-called list from the 
sheriff and by getting affidavits that somebody at the polls had said that some¬ 
body else had voted for Gamphell. Somebody had understood that they had 
voted for Campl)ell: hut we brought the witnesses to the stand and recpiired them 
to swear whether or not their poll taxes weve i)aid, and for whom they had 
voted. You talk about inaccuracies in oui’ brief! It is only to divert attention 
from your own failures. 

1 once more address myself to the poll-tax proposition generally, because it 
seems to trouble tlie miiids of the committee. Let us take the few things that 
are detinitely settled : There has been no decision of the Supreme (\uirt of North 
C'arolina—note that I say no decision—upholding the act of any county com¬ 
missioners, any election officers, or anybody else, in waiving the right to pay a 
poll tax. I challenge my distinguished adversary and the contestee to mime 
such a decision. I>ut we have found some men agreeing to waive the constitution 
and statutes of the State of North ('arolina. and actually waiving them so far as 
they can and changing the result of a congressional election thereby: and they 
now come here and ask the Sixt.v-seventh ('ongress to uphold a waiver of the 
solemn constitution and laws of the State of North (Carolina by a few men in 
a s(»-(‘alled gentlemen's agreement. 

Mr. Wii.sox. I thiid-: you mentioned Iredell County. 

Mr. Brttt. Yes. 

Ml-. Wir.sox. The argument of both sides, as I understand, if I am correct, 
and the testimony, shows that as to the poll-tax requirement—I am taking that 
county as an example because it is most in my mind—the management of both 
parries. Democratic and lieinihlican, and probably with the knowledge and con¬ 
sent of the candidates for election, did waive the legal recpiirement for the 
in-oduction of tax receipts. 

Mr. Britt. The Uepublicans agreed to waive it in one county. 

Mr. Wilson. Agreed to waive the i)oll-tax requirement as a prereipiisite to 
voting. 

IMr. Britt. Yes; in one county—Iredell. 

Mr. Wilson. Are there any authorities, either of North Carolina or any other 
place, on that (piestion, as to what effect that would have upon the right of the 
candidates and those party managers who made that agreement, carried it out 
in the election, acipiiesced in it after the voter had acted ui)on it and placed 
ballot in the box, as to whether oi- not a jilea of estoppel could be successfully 
jdeaded against it, liow can you argue that to a committee or to a court? 

IMr. Britt. I say no; and 1 say positively that there is no such recent court 
decision on the subject in North Carolina, and my personal opinion is that none 
could be had upholding it. 

Mr. Wilson. If this agreement is made and acquiesced in? It is so confessed. 

Mr. Britt. N<tt by the contestant, but by those in the local management in 
one county. Now, one more word on that (piestion. It is immaterial to the 
contestant whether you throw out or retain the illegal votes cast because of non- 
liayment of poll taxes, for each of the candidates, lu-ovided the other contentions 
which we make are sustained, and winch w<‘ maintain are bottomed on indis- 
imtable testimony, particulai-ly as to the absentee vote; as to the condition of the 
election in No. 8 in Statesville; and as to the conspiracy in Stanley County; hut 
I say once more, that there can be no waiver of a constitution, no waiver of 
a statute, by a iirivate citizen. This, it seems to me, is so absurd that it 
borders on the ridiculous to make such a suggestion. If that be true, then 
both Federal and State Constitutions become at the jileasure of any man a 
nullity, void, and of no effect. 

Mr. Wilson. That point would be upon a different basis if a citizen, jusi 
the average, ordinary citizen, of North Carolina were here pleading that. But 
sup])ose this waiver here is pleaded by the parties to the waiver, the parties who 
made it possibe, without complaint, and with their acquiescence and with their 
open avowal that the waiver should be made; is not the party who is respon- 


CAMPBELL VS. DOUGHTON. 


57 


cliance of receivin^^ a henertt from that on a 
(linerent basis from .just the ordinary citizen, and anyone else who mijiht conm 
into court and ask that that he set aside «m account of taxation or somethinu' 
like that? 

Ml. Hiuii. Here you have, say, 27 in the nine counties, on their own motion, 
iiiidei takiiij; to hind the voters of this j;reat district, without their knowled,ue 
and without their consent; hut they could not hind them for the reason that 
they were doins'an unlawful thinjr: they were without autlnu-ity. 

]Mr. M iLsox. That is all rijtlit; hut who can now come in and claim the 
benefit ? 

Mr. I’KKKiNs. Is not this the answer to that, that that is not a hiiiartisan 
trust hut a tripartite trust, in which the sovereign is a i)arty and the doctrine 
<*an not apply ajjainst a soverei.irn? 

Mr. MTlson. Rut my iioint was, M'ho can into coui’t and plead that the 
estoppel does not apply? 

Mr. Nelson, (touhl Mr. Campbell very well have refused to agree to a projio 
sition that the soldier should be exempt from jioll tax, unless he wished to be 
eliminated? In other words, would not the projxisition be so coercive that if 
lie had not agreed he would have lieen defeated? 

]Mr. Britt. The eUx-tion was in the year 1920, and the armistice had been 
declared in 1918, Most of the soldiei's were at. home. And in answer to IMr. 
Hoe.v’s argument that they had had no chance, as the State jittorney genei'al 
claimed, they did not have to be at home in order to ])a.v their poll taxes. 
They could have paid them by agency, and if they were absent they could have 
heen listed- by agency; and if they had not listed at the proper time they 
could have listed ami paid their poll taxes at any time prior to the 1st day 
of May. My son was in Euroiie. and his taxes were paid. It was done gen¬ 
erally. 

^Ir. Clark of Florida. But the rest of them were not so fortunate, because 
they did not hfive so distinguished a lawyer as a father. 

]Mr. Britt. Thank you. I want to say, in the last-word on that subject, 
that whatever you may decided and however you may reason upon it, the waiver 
is a nullity and is void, whether you consider this House as a party or the 
voters in the district or these two parties to the controversy. That is my 
contention. 

Now. for a moment on the subject of the absentee vote. My learned friend, Mr. 
Hoey. is a good law.ver, imt he is in ei'ror in this, and I think T shall be able so to 
convince the committee. H‘s argument is, that only if the name were written on, 
a ballot by some voter and put in the box that the ballot and the certificate ac¬ 
companying it, which was a sort of letter of transmittal, ought to be returned; 
but that others could not be and need not he returned. What was the object of 
that 1 ‘eturn? Every voter is presumed to be [ire.sent, and the pi*esent voting law is 
the principal law, and the absentee voting law is the exception to the general 
law. Not being jiresent when he is presumed to he present, he must furnish 
some special evidence of his right to vote, and of his voting under the law. 
A\’hat is the extraoi'dinary evidence? It is this: He must have his ballot, and 
his letter of transmittal, and his certificate preserved in order that if he is in 
New York or (’alifornia and his voting status is questioned, it can be inquired 
into; and if this is true, why should you inquire into the status of one voter 
and not into the status of another like voter? Why should .Tones be held to 
account for his eligibility and Smith not be so held? It is an absurdity. The 
law intended that all should be returned, for the reason that the votes might 
be sifted, might be verified ; for the reason that the absentee, being an excep¬ 
tion to the regular voter and getting a .special iirlvilege, might he subjected to 
extraordinary proof of his right to vote. If .vou return one, you must return 
all. If .vou do not return all. you need not return any. Nothing, to my mind, 
is any clearer as a proposition of law and as a principle of right. 

If that is true, and they failed to return the absentee vote, how could the 
conte.stant in North (’arolina. or here, sift and prove this vote? H(nv could 
he disiirove the count? How could the contestee prove it? AVhy have all 
evidences of the ('ount been destro.ved? There are no data as to for whom 
they voted, or the legality of voting, or where voted, or whether voted by 
baliot or by certificate. 

Mr. Nelson. How do you reply to the suggestion that it was a physical im- 
possibilitv to ascertain tlie vote or to preserve it? 

:Mi-. Biutt. I replv that it was not a physiiad impossibility on the day of the 
election I reply that it was an easy. i»ractical thing and it could have heen 


58 


CAMPBELL VS. DOUGHTON. 


s 


(.lone, I will say, in divers extemporized ways, within the law; easily done. 
True, no man (‘Oiild disti^nre a ballot. Knt those ballots eonld have been set 
aside; they were under the supervision of the three officers and conld have 
been easily i)reserved ; the law, being directory in that particnlar, do(\s not state 
the last detail, hut leaves something to practical administi-ation. 

Mr. Perkins. Are not all these absentee ballots opened at the same time? 

Mr. Britt. Yes; at the same hour. 

Mr. Perkins. Could they not be preserved, having been all opened at the 
.same time? 

Mr. Britt. Yes; as a amtter of fact the voting stops at the hour of 8 p. m.,. 
and the registrar says: “ We mu.st stop now and receive the absentee ballots.” 
When they were received, what was in the way <d' keeping the counts? They 
could have been kept by even the most illiterate man at the ])(>lls. 

]Mr. (h.ARK of Florida. Let me ask you this [reading] : 

“Absent voter may sign name on ballot; ballots and certiticates to he kept. 
In voting by the method prescribed in this article the voter may, at his election, 
sign or cause to he signed his name upon the margin or hack of his ballot or 
ballots for the purpose of identification.” 

What does that mean? 

Mr. Britt. Yes; the first law made no provision as to that. The act of 1919 
made provision, which is now in the Consolidated Statutes, with one omission 
or exception. I do not know whether it is so in Florida or in other States, hut- 
in my State voters prize voting as a wonderful tiling, and a great many men 
will flourish their tickets as they vote, and most men vote an open ticket; and 
if they should he away from home, they want to be able to say, “ I voted that 
ticket,” the Democratic or the Republican ticket. He is pi’oud of his party, 
proud of his right to vote, and he puts his name there. It is a matter of choice 
and pride. 

]\Ir. Clark of Pdorida. It says “for purposes of identification.” Identification 
for what? 

Mr. Britt. In order to identify his personality; to show that it was. say, 
.Tohn Jones that voted. 

Mr. Clark of Florida. It was, then, .iust a man’s desire to gratify his per¬ 
sonal pride in his vote? 

Mr. Britt. Yes; it was an absentee ballot, received after 3 p. m. The regular 
liolls were open up to 3 p. m. What was the difficulty in keeping account of 
the absentee votes? The only thing required was for the poll holders to take 
.the list of absentee votes and save the certificates and ballots and send them to 
the county board of elections to be kept for six months; nothing, to my mind, 
could be plainer or simpler. 

But why can not Campbell come here and establish his right to a larger 
number of these votes when he received more than half of the precinct vote? 
Why can not Doughton come here and establish his right to all that he claims? 
Because there is not a ballot or a certificate kept, except a few straggling ones 
here and thei'e. All the rest are gone. 

Mr. Perkins. Assuming that these ballots had been preserved, how would 
they assist us in determining for whom this election really w^ent? 

Mv. Britt. In this way; That in the hearings the qualifications of the men 
who voted and their voting could have been inquired into, and you would have 
the fact here in this record for your inspection and guidance to-day. 

Mr. Wilson. I understand on the list that the absentee voter was entered 
upon the polling book so that it was merely a matter of getting at the voter to 
establish his qualifications. 

Mr. Britt. But there is nothing on the iioll books to show that he was an 
absentee voter. 

M]-. (h.ARK of Florida His name is on the iioll list? 

Mr. Britt. H:s name is on the i)oll list; and on the ivgistration list; it had 
to he in order for him to vote, but nobody knows that he cast an absentee ballot, 
so far as the returns go. 

Now, here are the reasons why you ought to throw out or disregard that 
vote, and I urge it seriously. You were (haded iif this healing the liuiit, 
through the preliminary hearings, to have a record that would tell you whether 
this absentee man or this absentee woman was or was not a voter, and you 
can not tell and I can not tell and neither Campbell nor Doughton can tell 
who they were or whether they voted or for whom. 

Mr. Cable. If you can not tell the difference between the iiei-sons who voted 
tiy going there, and those who voted by mail, how can we know how many to 
throw out? 


CAMPBELL, VS. DOUGHTON. 


59 


]\Ir. Bkitt. That is what I am addressing myself to. 

^Ir. Pekkins. He says to throw them all out. 

Mr. Bkitt. Therefore, I say they ought all to he disregarded. The legal, 
if any, can not be senarated from the illegal. 

Mr. Bkown. You can not tell whether these people voted in some other 
State or not? 

Mr. Bkitt. No, sir. 

Mr. MTlson. As to that conclusion ; the uniform holding of committtees of 
Congress is that where the votei- has, in the waj’ authorized by law, exercised 
his right and deposited his ballot, whether by mail or otherwise, he can not 
be penalized by taking his vote away on account of the failure of election 
olticers to preserve a certificate. 

Mr. Bkitt. (’hallenged votes must be pi-oved to be legal, and I should like 
to have, the luavilege of giving^ you citations, if that point is ra'sed. to show 
that that point has been decided in that wa.v. 

Mr. (’AHi.E. I would be very glad to have them. 

Mr. Wilson. I will be glad to have the authorit'es; to show that it was a 
unifoiTii holding in the committees of Congi-ess. 

Mr. Bkitt. Furlhermore, the d fference in the ratio of the present and the 
absent vote. Centlemen, does that si)ell aji.vthing to you? Hoes it? AVe 
do not claim to know how many were cast, hut we claim that so many were 
I)roved to have been cast; many more weiv cast. These interested parties, 
Mr. Houghton and Mr. Campbell, were they not alike as much interested in 
getting the absent votei' as the home voter? Mr. Hoey’s explanation, con¬ 
scientious as it is. does not exiilain it. can not exi»lain it, by saying Demo¬ 
crats were awa.v at . Washington serving their country, any more than he 
(‘an explain the'i- failure to apply the eilucational test in certain counties to 
Hemocrals by saying they wf're more literate than Ueimblicans. I dispute 
that. But as to the absentee votes, how will you tell whether they were legal 
or illegal when you have no return of them? 

Mr. (’aju.k. Ho we not have to tell befoi'e we have the authority to throw 
them out? 

Mr. Bkitt. Yes; and T want to say that T sat there day after day, as counsel 
for Mr. (Campbell, and' asked for those ballots. I wanted to sift them. They 
said they were all right, but why did they liot let me see them? 

Mr. WhLsox. 1 understand when these ballots come in you have here a 
Democratic judge and there a Ueimblican Judge of election. 


Is this man 
counted ? 


registered voter? Has 


it. the officials of election receive the 


Mr. Bkitt. Yes. 

Air. Wilson. The ipiestion is raised, 
he i>aid his poll tax,” before the vote is 

Mr. Bkitt. Yes. 

Mr. Wilson. And then, acting upon 
ballot, and it is deposited and counted. 

Mr. Bkitt. Y"es. 

Mr Wilson. Now, I would submit that as another uniform ruling and propo¬ 
sition, that the man who attacks that vote must show, by evidence applying to 

that vote, that it is not a legal vote. , x- x, 

Air. Bkitt. But here is an isolated block of ballots separated from the other 
liallots, and there is unmistakable evidence that that block is illegal because 
the imindatorv provisions of the law have not been complied with. You have 
authority to attack that block and deal with it and do justice between the two 

Mr. Wilson. But the law relating to the preserving of a certificate oi i\bal- 
lot particular!V where you have no penalty in the law for not doing it it is 
not under an Australian ballot—is not mandatory; the positions are not such 
that it is mandatory as applied to the voter that has applicnl to the ofhcers. 

Air Bkitt We have a iienalty ; and we have the Australian ballot in cei tain 
counties in our State, but not in this district. Here are 29 absentee certificates 
[producing papers 1. These came up from Staid.vCountAX 

Air (lAKLE Excuse me, but where did you jiick them up? 

Mr’ (Umpkell. We got them on the floor at the voting place. , . ^ 

Mr’ Bkitt. We made these the basis of iiKpiiry, and we examined into the 
legality of the alleged absentee voters. There were 29. We Pi'oved by 
testimimv—I want to leave them here, Muth the notations that the contestant 
has maife on the back, and I will let yon make the references to the record- 
that out of the 29, 19 were illegal votes. 

Air. Wilson. For what reason? 


60 


(’AMPBELL VS. DOUGHTON. 


Mr. Hhitt, P’or vai'ioiis reasons; because of unpaid poll tax. absence, and 
nona.w. 

Mr. Clakk of Florida. For wboni did tlie.v vote? 

Mr. Bkitt. I think they voted for Mr. Douj^bton. Ain I correct in that, jNfr. 
Campbell? 

Mr. CAiiPHELL. No; because as the witnesses testified, the ballots were not 
there and we did not know for whom they were. 

Mr. Bkitt. No; I am informed it is not shown that they voted for l)ouj;hton. 

]Mr. (h.ARK of Florida. You do not want those stricken from Mr. I)ou,i;htoirs 
count, then? 

]Mr. Bkitt. No, sir; we are not sayinj? for whom they were cast. 

Now. are not those typical? Have we not reasonable jrrounds for sayinj; 
that those were illepil? The record will support that contention. But let 
the committee search the record for itself. If that is true, how are .vou not 
j?oinf; to cut these votes here off the contestee, and these 2(K) votes off 

the contestant? 

Mr. Clark of Florida. I have I’ead a jjreat deal of that testimony, and T 
noticed all the way through that many of the witnesses were asked what their 
politics was. Each witness usually answered, ‘‘Beputed to be a Democrat” 
or ” Reputed to be a Republican.” 

Mr. Bkitt. Yes; that was hearsay. 

iMr. Clark of Florida. Do you think that if testimony shows that a man 
is reputed to be a Republican, it is such evidence as to make it conclusive? 

iMr. Bkitt. No, sir; ir only tends to show; it is not conclusive of itself. 

Mr. Clark of Florida. In this election there was a great deal of shifting? 

iMr. Bkitt. North Carolina is the oidy place where we do not shift much, 
I am sorry to say. 

iMr. Brown. There was no shifting the other way? 

Mr. Carle. How did you arrive at these l.dOO votes, and the votes for the 
Democratic and Republican candidates? 

Mr. Bkitt. The absentee votes? 

.Mr. Carle. Yes. 

Mr. Bkitt. They are stated on the testimony of the poll holders; so many 
votes were cast for Doughton and so many for (tamphell; statements made by 
the registrars and poll holders, in eVery instance, as I recall. 

. iMr. (.'ARLE. In Statesville you were almost in doubt? 

Mr. Bkitt. iMr. Hoey has talked about wrongs perpetrated upon Mr. Doughton 
by Republican election olHcers. Is it believable that men with their training 
and courage and intelligence, holding every position of this control, were in¬ 
timidated and maltreated by the minority? Is that a reasonable proposition? 
Look at the State; look a’t the majority in every executive board; look at the 
registrars. I want to say here that these registrars held and exercised high 
judicial and executive functions, and practically legislative functions, because 
they did almost anything they wanted to do. Every one of them belonged to 
the contestee’s i)arty, and in almost every instance they were selected because 
they were active, strong, vigoi-ous. and aggressive men in that party, who would 
serve the party’s interests first. 

Let me address myself to some special contentions. If you choose to disregard 
every alleged illegal vote cast either for Cain])bell or for Doughton on the ground 
of uni)aid poll taxes; if you choose to disregard them all—ami I confess you 
have before .vou a problem in tbeir proper disposition—if you do that, and strike 
from this list these so-called alisentee ballots, for the i-easons I have shown 
here; if, from the evidence before you, you give credit to (’am))bell and credit 
to Doughton for those that were denied the right to vote in Stanly Founty. 
and if .vou cast away the rtvord of the third precinct, for the IB reasons I have 
given—every one of them a gi-ound for throwing it out—and then you dispose 
of absentee votes as you will, the contestant would still l)e elected by more 
than a thousand majority; and in an.v view of the testimony that .vou ma.v 
take., I maintain that he is entitled to the seat now held by the contestee. 

One moment as to the Iredell list as a whole. iMr. Hoey criticizes the con¬ 
testant and the writers <)f his brief because of certain claimed inaccuracies in 
the brief about the vote in Iredell (’ount.v. What information did we have? 
Here was a sheriff who made no return of the votes. They were unable to tell 
who was between 21 ami oO; the.v had no means of telling; the.v had kept no 
records; the.v had voted either for (’ampbell or for Doughton, and still we were 
unable to tell who was between 21 and 50 and who had paid poll tax and who 
had not. Why? Because the shei-iff had failed to collect but a part of the poll 


CAMPBELL VS. DOUGHTON. 


61 


Ihx and had tailed to make a return within 10 <lays tliereafter, as required hy 
liiw ; and tor that reason vre were tloiinderin,c: in tlie dark ; we eonld not haA'e 
jiceess to the otfieial record that ought to have been in one liands to enable us to 
jifosecnte our iiuiniry in an intelligent way. 

Mr. Hoey, unintentionally 1 know, misstates my po.'-iition as to a voter's resi¬ 
dence. «''nd do not say now, that any mere transient is a non¬ 

resident. The law of the domicile is the law governing personal property, it is 
not always the law governing A'oting, The law of the domicile is estai)lished 
{IS the law of the .situs of iiersonal i)roperty ; hut when we come to the electoral 
franchise, it ma.v or may not he exactly in line with the law of the domicile. 
The voter’s residence must he what the .statute of a St;ite says it is. What 
does it say it isV It says in North (’{irolina that a nuirried man’s residence is 
^^■here his family stays; that a single man’s residence is where he sleeps. 

The CHAiKiiAN. .lust there; it was quoted to us as being where the family 
resides. 

Mr. Rhitt. Yes. 

The (Tiaihman. Then you Imve simply sdtered the plaise of your questions, 
have you not? 

]Mr. Britt. No; 1 have not tinished my illustration. .lust a moment. 

If {I person goes awsiy from North (’arolimi—even if the whole family g('.es, 
as a mei’e triinsient, for mere' transitoiy puri)<>.ses, 1 do not consider that he 
has lost h!s voting residence; nor have 1 ever so contended; hut suppose A and 
B, husband and wife, are ;ill of a family, and they bring their effects from 
North Carolina to the District of Columbi{i; A gets a position in the civil 
service here, and stsiys here two or three or four or live years; wlmt is their 
residence under the North Carolina constitution and statuteThey are not as 
you Bepresentatives in (’ongress, who are public jigents, the very nature of 
whose employment implies that youi- residence is transitory. Your case is 
entirely different. 

They have come here w.th their all; here is their domicile, their home, {tnd 
their residence. They intend to stay here {is long as they can. I maintain that 
such a per.son, under the law of North Carolina, is not a legal voter there; hut, 
Mr, Hoey says, it has been the practice that they should vote; that they should 
have a iiolitical residence there; then there has been {i sort of a comi)romise of 
illegalities; legally, for voting purposes, they are not residents. 

Mr. Nelson. Supposing that under the former administration a nuin got a Job 
here under some Member of Congress, and he brought his wife and family here; 
how long would he have to remain here before he would lose his right to vote'? 

Mr. Britt. When he came here, established his residence, and made a home 
here in the common, social acceptance of the word “ home.” 

iMr. Clark of Florida. Regardless of his residence? 

Mr. Britt. Yes; when he came here with :i luirpose of staying a greater or 
less time. 

Mr. Nelson. Tlmt introduces the question of intention. 

Mr. Britt. Yes, sir. 

Mr. Nelson. It is the intention that governs, is it? 

Mr. Britt. Suppose A, from North Carolina, moves to California ; there is 
liimself, the father of the family, the mother {ind three children ; they have large 
interests in North Carolina ; they can call it a home; but they go to Califoim a, 
where they e.stablish another home, and they go there and stay live years. In 
a way North (\irol na is their home, but their immedi{ite i-esidence is (’{ilifornia. 

Mr. Nelson. Suppose they went for six months to stay at Los Angeles, and had 
a home there? 

]^Ir. Britt. That might be treated as in the nature of a transitory residem-e. 

Mr. Ne LSON. Where would the line be drawn? 

Ml-. Britt. It would be a question of intent as to more or less permanency. 

Mr Brown. Do you not think a distinction could be recognized between going 
to California, and going to the District of Columbia, where the people can not 
vote? Are they not entitled to claim residence somewhere so that they ciin go 

back home and vote? , , . 

Mr Britt. Not at all; they may have no voting residence anywhere; their 
residence is here in the D strict of Columbia ; there is no doubt about that under 

our law. , , 

Now as to the jiuriiose of it; if we did not have a detmition under our con¬ 
stitution and laws, who shall vote? You must have a detinition. What is our 
definition? It is that the married man’s residence is where his family is, and 
that a single man’s residence is where he sleejis. I am only dwelling on this to 


62 


CAMPBELL VS. DOUGHTON. 


show that if we had liad knowledge of this transitory state of the absentee 
voters, then we would have inquired into it; and then, instead of beii^g a doubt¬ 
ful question, it would be a certainty ; but they deprived us of a chance to make 
it a certainty. 

Mr. Cable. Do you know how many voters from the District of Columbia- 

Mr. Britt. No, sir. 

Mr. Cable (continuing). How many should be thrown out on account of 
residence ? 

Mr. Britt. I am asking you to throw them all out. 

Mr. Clark of Florida^ I noticed in the record hero certain motions to ex¬ 
clude certain testimony upon certain grounds, 

Mr. Britt. Yes, sir. 

Mr. Clark of h"lorida. None of you have said anything about that. One of 
the attorneys for one of the parties was a commissioner, and took testimony 
as a commissioner. 

Mr. Britt. Yes. 

Mr. Clark of Florida. And I think there is a motion in the record to strike 
out that. What do you say as to that? 

Mr. Britt. I think that while it was probablj’ a rather improper thing, there 
would have to be some injury shown as a result of it before any action could 
be taken. 

Mr, Clark of Florida, The testimony was transcribed under his supervision 
and he had charge of it and was supposed to send it in. 

Mr. Britt. But there is no suggestion that there is any discrepancy between 
the testimony as given and his transcription. 

]\Ir. Clark of Florida. You do not think it is a proper practice? 

]\Ir. P>RiTT. No; I do not think it is a i)roper jiractice. I want to speak of 
one other matter mentioned by INIr. Hoey. That was the sending of certain 
portions of the testimony through INFrs. Dorsett. Now, I wish to tell all about 
that, and clear it up. 

In my contest a few years ago, in the tenth district, which is almost as big 
as a little State, I had one notary public here, and another there, and yet an¬ 
other there. Many of them were inexperienced men and I doubted their ability 
to prepare the proper certificates and make the proper transmission of the testi¬ 
mony to the Clerk of the House of Representatives; so I inquired personally 
of the Clerk of the House if I might have those people send their testimony, 
all cei'tified and comiilete, to one person, to .somebody at Asherville, say to Mr. 
Rickman, who is a good Democrat, and have him transmit it all together. The 
Clerk saw no objection, and it was so done. 

Mr. Clark of Florida. That is the Clerk of the House? 

Mr. Britt. Yes; I discussed it with him. He said, of course, it was slightly 
out of the ordinary, but it could be done in that way. 

This was done in Ashe County. I had never been in Ashe County, except 
on the edge of it. Here was INIrs, Dorsett. I am sure that Congressimin Dough- 
ton would be the first to vouch for her as a woman of unimpeachable character, 
coming from one of the best families of the State. She was one of the notaries 
public, and I said to the different notaries, “ Probably you had better seal your 
packets, forward them to INlrs. Dorsett, let her send them to the Clerk of the 
House, to keep them from getting lost. 

]Mr. Doughton. They did not come sealed, though. 

Mr. Britt. Some of them were unsealed. 

Mr. Doughton. They were not all sealed? 

]\rr. Britt. They were all sealed except two or throe. 

]Mr. Doughton. Three; yes. 

INIr. Britt. AVhen they came here, the Clerk of the House did not make any 
objection. The Congressman made objection. Two or three of them did not 
have seals, and the Clerk sent them back and said “ Y"ou send them to the 
notaries in the counties who sent them and have them sealed.” So they sent 
them to the notaries and got them sealed and then sent them back to Wash¬ 
ington ; and there as no charge that there was any change made. It ws 
exiilaiiied to the Clerk, and he said, “ This is an irregularity, but I will pre¬ 
sent it in that way;” and he put it in the record as it is there. 

Now, if INIr. Doughton, or anybody for him, will accuse Mrs. I>orsett or any¬ 
body else, of changing one line of that testimony, of improperly dotting one 
“i” or crossing one “ t,” then I am willing that the whole matter should be 
opened up. 

The Chairman. One more matter that is not quite clear in my mind in the - 
matter of absentee voting. Is it customai\v on the poll books to show by check 



CAMPBELL VS. DOUGHTON. 


63 


or by insertion in a different place, so that it was known who had cast absentee 
votes ? 

Mr. P>RiTT. No; only in this way: When the chairman of the county board 
of elections registered them if they were goinp; away before the regular regis¬ 
tration he sent in his list to the registrar, and the registrar should make note 
on his registration book of that fact. When they came in- 

The Ch Alim AN. Was it impossible for you to find out who cast absentee 
votes V 

Mr. Britt. Oh, yes. 

The (Chairman. Where was the difficulty in finding out who had cast ab¬ 
sentee ballots? 

Mr. Britt. You could not find out for the reason that only a few registered 
in this way ; others were not entered. 

Mr. Cable. The Uepublican .iudge in each election precinct could have made 
a list, could he not? 

Mr. Britt. The Uepublican judge did not make a list, and we did not have 
a list. 

The Chairman. If it was checked up on the registrar’s book? 

VIr. Britt. Yes; but you see only a small part of them were ever entered on 
the registrar's book ; only those that were registered before the chairman of the 
board of elections, and not those i-egistered before the registrars. They should 
have made an entry in each poll book. 

The (’hairman. How did you know, then, of that fact that none of them 
were checked? 

Mr. Britt. As I said, they were temporarily counted and the number kept tem¬ 
porarily there by some registrai' or a judge, and in some instances they swore, 
that so many were cast. 

The CHAiiaiAN. He must have had a private check, then. 

Mr. Britt. He probably had some oral count or made some private check. 

]Mr. (’able. Have you" any court decisions holding that the ballots of ab¬ 
sentees shall be preseVved? 

Mr. Bri^ft. We have no decision of the court; it is a new law. 

Mr. Brown. Did .vou say there was a statute? 

^Ir. Britt. Yes; there is a statute; but we have no court decision. Is there 
anv other question I can answer? 

Mr. Perkins. Those which everybody admits should be preserved—were they 


preserved ? 

:\rr. Britt. No, sir; they were not preserved. 

Mr. Clark of Florida. How many absentee votes do you claim, that were 
illegal, were cast for Dougiiton? 

iMr. Britt. For Donghton? 

Mr. Clark of Florida. Yes. 

Mr. Britt. I have no definite figure, and can only make this inference, that 
the lu-esent vote was a little less than one for one as lietween him and Camp¬ 
bell. The absentee vote amounteil to just about eight to one, and I must be¬ 
lieve that the same ratio obtained with regard to absentee votes; a'nd I must 
therefore believe that six-eighths or seven-eighths of his votes were illegal. 
But I have no direct proof of that fact. It is only an inference. 

Mr. Clark of Florida. Why do you think they were illegal? Simply becaus (5 
he got seven-eighths of them? 

:Mr. Britt. Not that alone; no. , 

Clark of Florida. What reason is there for thinking those illegal on 


Because it was proved in various instances that these 
of Florida. 'Without going to that, I just wanted to 


were- 

get .your 


Ml 

'^here? 

Mr. Britt. 

3Ir. Clark xiv/iix-n*. o—o -- , ■ 

figures. How many absentee votes are you prepared to stand upon that were 

east for Dough ton'that were illegal? „ t i 4 - 

Mr Britt As I sav, of the number given here—1,596, as I recall—I have not 
the least doubt but that 1,200 of those at least were illegal votes, judged by all 
the circumstances; but I luive no direct proof to that effect. 

:\rr. Clark of Florida. No proof? 


Mr. Britt. No direct proof. 
Mr. Wilson. Can you give us 


any 


If there 


;ur information on this proposition? 

are TOO votes cast in a precinct and 100 of them illegal, can we throw out the 
whole precinct? Is there anj^ law permitting it? 

:Mr Britt. The ballots must go in the box. , « 

Mr. Nelson. Then you could not separate them under the law? 




64 


CAMPBELL YS. DOUGHTON. 


Mr. Bkitt. I said they could be separated at the ballot box and some record 
kept as they were' put in. They were all voted at one time. They stopped the 
regular voting at 3 o’clock for that purpose. 

Mr. (’lakk of Florida. How many illegal votes were cast for Doughton 
which you claim ought to be stricken out by reason of nonpayment of poll 
taxes? 

]Mr. Bkitt. That I have summarized in my brief. 

Mr. (Jlakk of Florida. To save time will you do this to-niglit? You can 
probably do it. You are familiar with the record. Will you just put upon a 
paper a brief statement of how many absentee votes you claim were illegal 
that were cast for Doughton and that ought to be eliminated, and how many 
by reason of the nonpayment of poll taxes were illegal and ought to be 
eliminated ; and then put down how many for other reasons were illegal and 
ought to be eliminated, and cite us to the pages where we can get that? 

Mr. Oaule. That is all in the brief. 

Mr. Britt. I do not believe I could improve on what I have in the brief. 

Mr. Perkins. Page 69 of the brief. 

Mr. Clark of Florida. Yes’; but they are named'two or three times, some of 
them, up here. 

Mr. Britt. Can I answer any other (luestions? 

Mr. ('lark of Florida. That is all that I have to ask. 1 want to get at 
some reasonable basis on which we can eliminate, if we are going to eliminate, 
and see what we are going to eliminate. 

Mr. C'able. I think he has covered that in the brief. 

Mr. Britt. I want to thank the chairman and the members of the committee 
for the very excellent attention they have given me. 

(Thereupon, at o o'clock p. m., the committee adjourned until to-morrow,, 
Thursday, March 2, 1922, at 2 o’clock p. m. The request for amtther hearing 
Avas, however, afterwards withdrawn.) 


/ 

\ 


X 



























iA 

House Calendar No. 159. 

GTth Congress, I HOUSE OF REPRESENTATIYES. ( Report 
2d Sennon. f | No. 882. 


CONTESTED ELECTION CASE OF CAMPBELL v. DOUGHTON. 


April 7, 1922.— Haferred to the House Calendar and ordered to be printed. 


Mr. Luce, from the Committee on Elections No. 2, submitted the 

following 

REPORT. 


The Committee on Elections No. 2, to which was referred the con¬ 
tested-election case of James I. Campbell v. Robert L. Doughton, 
from the eighth congressional district of the State of North Carolina, 
reports as follows: 

Returns from the district in q^uestion, with conceded corrections, 
show a vote of 32,944 for Robert L. Doughton and 31’,856 for James I. 
Campbell, making Doughton’s apparent majority 1,088. The seat 
IS contested on various grounds. 

ABSENTEE VOTING. 


The contestant asks that all the absentee votes be thrown out, 
for the reason that the great bulk of them were fraudulent, and for 
the further reason that the ballots and certificates were not pre¬ 
served and returned as required by law, making it impossible for the 
contestant to pursue his inquiries with thoroughness. The chief 
fraud alleged was in the matter of residence q^uMification. In this 
particular the committee does not think the charges are borne out 
by the evidence. The difficult problem of domicile, so greatly in¬ 
volving in its determination the question of intent, seems on the whole 
to have been met by the local officials with as much fairness and wis¬ 
dom as could have been reasonably expected, and the testimony pre¬ 
sents little if any suggestion of conscious misfeasance. In the case of 
new registrations a registrar is rarely in position to question the ap¬ 
plicant’s declaration of intent. In the case of voters already on the 
roll the declaration in the certificate accompanying the ballot of an 
absentee, that he is ‘'a qualified voter,” seems virtually to preclude 
the officials at the polls from rejecting the ballot on the ground that 
the absentee has abandoned his residence. 

The practical effect is to postpone inquiry until the result of the 
election is contested. Such inquiry must then be largely confined 
to persons other than the absentee voters themselves, as it turned 
out in the present case. The testimony of such other persons must 










2 


CONTESTED ELECTION CASE OF CAMPBELL V. DOUGHTON. 


be largely opinion testimony, which is always of doubtful weight. 
For this reason it was held in Lowe v. Wheeler, Forty-seventh 
Congress, that the mere statement of a witness that an elector is a 
nonresident is insufficient; the witness must give facts to justify his 
opinion. Furthermore, lack of acquaintance on the part of a single 
witness will not be adequate proof. In Letcher v. Moore, Twenty- 
third Congress, the committee unanimously adopted as a rule of 
decision ^Mhat no name be stricken from the polls as unknown upon 
the testimony of one witness only that no such person is known in 
the county.'’ This becomes of all the more importance in the case 
of absentee voters because they are so often persons who are little at 
home and who may indeed have passed most of the time away for 
years. If these things be borne in mind, much of the contestant’s 
testimony aimed at the absentee vote will be found to fall to the 
ground. The acceptance of ballots from voters whose poll-taxes 
may not have been paid raised a more debatable issue, which may 
best be considered later in this report. • Apart from the votes disputed 
by reason of domicile or nonpayment of poll-taxes, we find only 
about 175 absentee votes specifically questioned by the contestant 
with any shadow of basis for suspicion, and the rejection of all of 
these would not by itself change the result of the election. 

The contestant, however, avers that in any case the whole absentee 
vote should be rejected because of the failure to preserve ballots 
and accompanying certificates, which in his belief the law required. 
The governing provision is to be found in section 4a of chapter 322 
of the Public Laws of 1919, relating to absentee voting: 

In voting by the method prescribed in chapter 23 of the Public Laws of 1917 the 
voter may, at his election, sign, or cause to be signed, his name upon the margin or 
back of his ballot or ballots, for the purpose of identification. The ballot or ballots 
so voted, together with the accompanying certificates, and also the certificates 'pro¬ 
vided in section two of this act, in case the voter ballots by that form, shall be returned 
in a sealed envelope by the registrar and poll holders, with their certificates of the 
result of the election and kept for six months, or, in case of contest in the courts, until 
the results are finally determined. 

This was in an act ratified March 11. On the previous day had 
been ratified the work of a commission that had been engaged in 
revising and consolidating the public and general statutes, and it 
had been provided that tne commissioners should insert the enact¬ 
ments of the current general assembly, with proper technical changes 
‘‘and make such other corrections which do not change the law as 
may be deemed expedient.” 

The Consolidated Statutes were to be in force from and after 
August 1. When thev appeared, thev contained this provision (sec. 
8101): 

All public and general statutes passed at the present session of the general assembly 
shall be deemed to repeal any conflicting provisions contained in the Consolidated 
Statutes. 

From all this it is evident that when the commissioners dropped 
from section 4a of chapter 322 the words italicized in the section as 
quoted above, they could not change the purport of the original 
provision; could not legitimate any interpretation of the section other 
than the natural interpretation of the original phraseology. 

This confutes the argument that the word “so” in'^the phrase, 
“The ballot or ballots so voted, together with accompanying cer¬ 
tificates,” refers back to all the absentee ballots and certificates. 


CONTESTED ELECTION CASE OF CAMPBELL V. DOUGHTON. 3 

■Otherwise there would be no significance in the word ‘^also'^ in the 
phrase omitted by the commissioners. It is clear, then, that the 
actual law required the keeping of only the ballots signed for the 
■purpose of identification. Such was the interpretation generally 
given to it by the election officials of both parties. 

It was an interpretation buttressed by the fact that the laws of 
North Carolina make no provision for the preservation of main 
election ballots in general; and that no apparent gain would result 
from segregating at any rate such unmarked ballots as were sent in 
by the absentee. 

Some c[uestion may be raised as to the ballots cast by election 
officials in compliance with instructions given in that particular 
form of certificate specially mentioned in the phrase omitted by the 
commissioners—the certificate in which the absentee says he casts 
a straight party ballot as designated. Possibly it was contemplated 
that if the ballot as actually cast was attached to or kept with the 
certificate, in case of contest it might later be learned whether the 
election officials complied with the instructions. However, the 
testimony contains almost no charges of misfeasance in this matter 
of compliance with the yoter’s instructions, and in this particular 
no injury appears to haye resulted to the contestant because this 
class of ballots was not in general preseryed. 

It is clear that failure to preserve the certificates by which a straight 
party ballot was cast was a violation of the actual law, but it is to be 
remembered that the phraseology of what purported to be the law, 
as contained in the Consolidated Statutes and in the extract there¬ 
from printed as a pamphlet entitled ^‘Election Law,” which un¬ 
doubtedly the election officials commonly relied upon, might fairly 
be construed to mean that only the certificates accompanying marked 
ballots were to be kept. Election officials can not reasonably be 
expected to unravel the technical difficulties found in such a situation 
as this. Indeed, as far as they grow out of the changes made by the 
commissioners who consolidated the statutes, their very existence 
was left to your committee itself to ascertain and disclose. 

Even if errors were committed in this matter by the election 
officials, it is well established that “in the absence of fraud the voter 
can not be deprived of his vote by the omission of election officers to 
perform the duties imposed upon them by law.” (Gaylord v. Cary, 
64th Cong. Also see Moss v. Rhea, 57th Cong.; Larrazola v. Andrews, 
60th Cong.; Barnes v. Adams, 41st Cong.) 

The testimony in this case when studied in detail suggests no such 
amount of fraud as would warrant the exclusion of the whole absentee 
vote. To be sure, viewed as a whole, this vote naturally arouses 
question by reason of the great preponderance of Democratic ballots, 
but, of course, this would not of itself suffice to invalidate the vote. 
It may have no determining weight if it can be explained by reason¬ 
able considerations. These are to be found in the status of the greater 
part of the absentees and the relative activity of the party managers. 

It is to be borne in mind that the absentee-voting article itself says: 

All the provisions of this article, and all the other election laws of this State, shall 
he liberally construed in favor of the right of the elector to vote. 

Here was a mandate to the officials not to quibble nor stand upon 
technicalities. The voter was to have the benefit of the doubt. 



4 


(’ONTESTED ELECTIOJ^^ CASE OF CAMPBELL V, DOUGHTON. 


When such injunctions are specifically set forth, the clearest proof is 
necessary in order to sustain an allegation of fraud in the acceptance 
of ballots. No such proof has been presented by the contestant. 

CONSPIRACY. 

In two precincts of Stanly County (Big Lick and Furr) the conduct 
of the polling was not inconsistent with the possibility of conspiracy. 
Insufficient accommodation was provided for the voters; apparently 
the crowd was not handled with ordinary skill; there were instances 
of delay that might well have aroused suspicion. On the other hand 
although the total vote polled was much less than in sundry other 
precincts, and it was charged that 264 voters were unable to vote 
before the polls closed at sunset, yet in one case 750 and in the other 
695 ballots were cast, more than 1 a minute, leaving no ground to 
infer conspiracy simply from the total of the figures. The weight of 
the evidence showed no discrimination, except in favor of the women 
and most of the elderly men, who regardless of party were given 
precedence. Although as these precincts were strongly Republican, 
the loss fell chiefly on the Republican ticket, yet Democrats suffered 
as well as Republicans, and it is hard to believe that men would 
deliberately plan to deprive their own partisans of exercising the 
right of suffrage in the hope that a larger number of their opponents 
would be shut out. Direct evidence of conspiracy wa^ wholly lack¬ 
ing, and the circumstances could be explained as due to the ineffi¬ 
ciency of election officials. 


INTIMIDATION. 


By reason of the circulation and exliibition of a picture with impli¬ 
cations most unfair to the Republican candidate for President, and a 
libellous publication purporting to be a genealogical tree, each meant 
to arouse prejudice by raising the negro question in a peculiarly 
obnoxious way, it was averred that numerous voters who otherwise 
would have voted the Republican ticket, either voted the ticket of the 
other party or stayed away from the polls. To this it was rejoined 
that if an}" such effect was produced, it Avas much more than offset by 
the indignation aroused in Republicans and the consequent stimulus 
to harder work. Of course, neither thing is capable of much verifica¬ 
tion and anyhow there was not even a charge that Mr. Doughton 
knew- of the matter or had in it any share Avhatever. Language 
strong enough for the censure of such methods of campaigning is hard 
to find, but it would be unwise to say that because of a vicious attack, 
wholly indefensible, aimed at a candidate for one of the various 
offices to be filled at an election, candidates for other offices should be 
imperiled. 

REGISTRATION. 

In North Carolina the law requires the attendance of registrars at 
the place of registration on the four Saturdays preceding an election, 
and permits the registrars at any other time to register elsewhere. 
The contestant averred unfairness by registrars Avhen away from the 
registration places, in that they would then devote their energies 
mainly to registering voters of their own faith, to the neglect of voters 
of opposite faith. If there was Auolation of law in this particular, it 


CONTESTED ELECTION CASE OF CAMPBELL V. DOUGHTON. 5 

was to be found only in disregard of that part of the oath taken by 
which imposed on him the duty of acting ‘‘impartially.’’ 
Lncioubtedly a registrar would haye been delincjuent if he had re- 
tused to register any qualified voter presenting himself at the regis- 
tiation plane on the appointed days, for registration was then ol)- 
ligatory. To register elsewhere and at other times was wholly per¬ 
missive. ^A'here it is altogether within the discretion and pleasure 
ot an oihcial whether an act shall be performed at all, and its per- 
lormance is accompanied by no denial of rights, can the act be im¬ 
peached on the score of partiality? No voter in North Carolina has 
eitlu'r an inherent or a statutory right to be registered away from the 
legistiation place. If there was neglect to give any voter an oppor¬ 
tunity that in fact was within the discretion of the official conoerned, 
it can not be treated as partiality from the legal point of view. 

Complaint was made that in various instances friends of the con¬ 
testant were impeded in getting access to registration books in time to 
make proper inquiry as to ground for preferring challenges on chal¬ 
lenge day or at the polls. However, even putting the worst face on 
the episodes cited, the offenders, if they were such, generally kept 
within the letter of the law, and the exceptions were neither consid¬ 
erable nor important enough to be given much weight in the balancing 
of considerations. 


POLL TAXES. 

The constitution of the State required, with certain exceptions, the 
prepayment of poll taxes as a qualification for voting. The require¬ 
ment was in general disfavor, and indeed at this very election was 
tyken out of the constitution. Nevertheless, it was at the time a 
living thing and should have functioned, universally and impartially. 
It did not so function. In one county, by definite agreement be¬ 
tween the organizations of both parties, the law was not enforced at 
all. Throughout the district it was not enforced against men in the 
military service, justification being supposedly found in an opinion 
of the attorney general of the State which held that such men might 
be exempted. In many other instances enforcement or refusal to 
enforce was more or less arbitrary and accidental, seeming to depend 
on the whim of the officials or the sentiment of the locality. Of course 
this opened wide the door for abuse, and abuse walked in. Each side 
contends that many votes improperly cast accrued therefrom to the 
benefit of the other. To determine the facts and strike a completel}^ 
accurate balance would be impossible without prolonged and ex¬ 
haustive individual inquiry on the spot, and even then the lack of 
certain records would so embarrass investigation as to cloud its 
results. For example, in Iredell County, where it was agreed that 
the poll-tax requirement should not be enforced, the sheriff did not 
certify the list of those who had paid, as required by law. This might 
entail individual inquiry as to the legality of every vote cast in the 
county. Furthermore, that would be of no avail unless the voters 
were compelled to disclose the character of their votes, which raises 
the mooted question of violation of the secrecy of the ballot. Indeed, ‘ 
the situation is so confused that the contestant asks us to throw out 
the whole vote of the county. Such drastic treatment does not seem 
to us called for by the circumstances. The contestant saw fit not to 
rely solely upon his request, but proceeded with examination of many 
Iredell County witnesses in this particular, and we deem it sufficient 


6 


CONTESTED ELECTION CASE OF CAMPBELL V. DOUGHTON. 

to content ourselves with their testimony and that of witnesses for the- 
contestee in the same field. The same course has been pursued in 
respect of the contentions about votes said to be invalid because of 
nonpayment of poll taxes in the other counties and of absentee votes 
as well as of those personally cast. 

LITERACY QUALIFICATIONS. 

The constitution of the State requires, with exceptions not now 
of material consequence, that every person presenting himself for 
registration shall be able to read and write. As in the case of the 
poll-tax provision, this requirement was extensively ignored. In 
certain parts of the district the people seem to have been unanimous 
in the opinion that their judgment in this particular was above the 
constitution. Each side contends that as a ‘consequence the other 
gained many votes with which it ought not to have been credited. 
Here, too, an attempt to determine the facts with complete accuracy 
would require lengthy and laborious inquiry on the spot, with little 
promise of satisfactory conclusion, and we have thought it sufficient 
to rely on the testimony. 

These kindred contentions, relating to constitutional requirements 
in the matter of poll-tax and literacy qualifications, furnish the main 
question of principle involved in this case. It will be seen to differ 
from the usual contest in that the important complaint is not of 
restraint of suffrage, nor its improper extension on a large scale with 
out the knowledge or consent of a candidate or his adherents, but of 
such an extension made with common knowledge and general consent. 
Strictly speaking, there is no difference in effect between the sup¬ 
pression of votes and their nullification by offsetting votes illegally 
cast. The question here is whether the approval, avowed or tacit, 
by the condidates and their adherents, prior to the conclusion of the 
election, alters the situation. 

Precedents to help us are rare. We have found but two cases 
throwing any light on the question. In Taliaferro v, Hungerford, 
Thirteenth Congress, with regard to certain irregularities in the con¬ 
duct of polling, declared by the sitting Member to be matters of 
general practice and sanctioned by long usage, the committee 
pronounced: 

We feel no hesitation in saying that custom ought not to justify a departure from 
the letter and spirit of positive law. 

Therefore the committee recommended that the election be set 
aside. The House refused to take this advice and recommitted the 
matter, whereupon the committee again reported that the election 
should be set aside because it had been conducted in an irregular 
mmmer. This time the House squarely took issue with the com¬ 
mittee and voted that the sitting Member should keep his seat. 

In a case frorn the same State in the following Congress, Porterfield 
V. McCoy, the sitting Member advanced an agreement between him¬ 
self and the petitioner under which a certain class of votes should be 
received at the polls, another should be rejected, and persons having 
a right to vote in one county but happening to be at an election in 
another county of the same district might vote in such other county. 
The committee was of the opinion that the agreement of the parties 
could neither diminish nor enlarge the elective franchise as secured to 


I CONTESTED ELECTION CASE OF CAMPBELL V. DOUGHTON. 7 

! the freeholders of the district. This view, however, did not cost the 
■ sittmg Member his seat, for, after throwing out the votes that on 
various grounds were held to be illegal, he was found still to have a 
; majority. 

These cases do not cover the whole matter here in issue. The first 
indicates merely that the House was averse to annulling an election 
where custom had sanctioned irregularities that in fact related to form 
rather than substance. The second did not go beyond agreement, 
between candidates and at most was obiter. So we are still con- 
j' fronted by the question: 

When an electorate deliberately and with common consent disre- 
’ gards the provisions of a State constitution to an extent clouding the 
result, has there been a valid election ? 

It is a question of much perplexity. On the one hand there is 
grave danger in encouraging the belief that a constituency may 
- violate constitutional injunctions with impunity. On the other hand 

j there is grave doubt whether Congress may properly mete out punish- 

i ment when there is no clear and convincing proof that the will of the 
constitutional majority has been thwarted. Balancing these con¬ 
siderations, your committee has concluded, though not without 
misgivings, that when acts alleged to have violated the provisions of 
a State constitution do not appear to have changed the result, either 
by themselves or in combination with statutory misdemeanor, the 
House is not justified in declaring a seat vacant. 

This neither excuses nor palliates the conduct in question. We 
! have no hesitation in declaring that it was reprehensible. Respect 
' for law and observance of constitutions are essential to the safety of 
' our common rights. If either basic or secondary law ceases to 
represent the will of the majority, it should be an.nulled or changed, 
i but while it stands, it should be enforced. We are not called upon 

> to consider what may be the duty of the State itself in the way of 

i prevention or penalty. Our position simply is that failure to enforce 
the provisions of a State constitution, a failure generally approved or 
acquiesced in by candidates and electbrs, without conscious defiance 
of authority, and without heinous circumstances, resulting from no 
wish or intent to work injustice, and not proved to have altered the 
result, will not in and of itself suffice to vitiate an election to the 
House of Representatives. 

Confining ourselves, then, to inquiry as to individual votes as far 
as illuminated by the testimony, and taking that testimony at its 
face value, with due allowance for contradiction, we have sought to 
strike a balance between the contentions of the opposing parties. 
By reason of the great intricacy of the record, which is confused by 
duplications and a large variety of uncertainties, mathematical accu¬ 
racy in this balance is impossible, but we have been able to satisfy 
ourselves that even with liberal allowance of the contestant s claims, 
the majority of the contestee would not be overcome. 

Therefore the committee recommends to the House the adoption of 
the following resolutions: 

' Resolved That James I. Campbell was not elected a Representative from the eighth 
conc^ressional district of the State of North Carolina and is not entitled to a seat herein. 
Resolved That Robert L. Doughton was duly elected a Representative in this Con- 
, gress from the eighth congressional district of the State of North Carolina and is entitled 
' to retain a seat herein. 




VIEWS OF THE MINORITY. 


The conduct of the election in many precincts of the eighth con¬ 
gressional district of North Carolina was so tainted and permeated 
with fraud, corruption, conspiracy, forgery, disregard of the law by 
some of the election officials, misconduct and impropriety—all con¬ 
stituting such a grievious assault upon the integrity of the ballot 
box in such precincts that, in the opinion of the undersigned, these 
acts remove from the official return the sacred character with which 
the law should clothe them and place the burden of proof upon the 
contestee, Doughton, to maintain the legality of the official count. 
This he has failed to do and is not entitled to hold his seat as a Mem¬ 
ber of Congress. 

The evidence is contained in 1,582 pages of a record of fine print. 
The case was presented to the committee on Tuesday, February 28, 
1922, by counsel for both parties and two days later a majority of 
the committee met and voted to permit the contestee, Doughton, 
to retain his seat. 

The absent electors law of North Carolina was used as a smoke 
screen in an attempt to cover up and conceal the illegality and fraud 
of the election. 

THE A^OTE. 

The Amte in the district upon AAffiich the certificate of election Avas 
issued to the contestee stood as follows: Doughton, 32,934; Camp¬ 
bell, 31,856; Doughton’s allege.d majority, 1,078. 

But the absentee votes included above are “so tainted AAuth fraud 
that the truth can not be deductible therefrom.’^ The ratio of the 
absentee votes of Doughton and Campbell tell their own story, 1,596 
to 201, respectiA-ely. Without this absentee Amte Campbell Avins by 
317 Amtes. In Iredell and RoAvan Counties Doughton receWed a 
total of 1,041 to Campbell’s 87, or 12 to 1. The illegal absentee 
votes can not be separated from the legal, and all absentee ballots 
should, therefore, be rejected. 

In addition contestant is entitled to 254 additional votes and 
contestee 24 by reason of the Democrats purposely delaying and 
depriAung Republicans from Amting in Fur and Big Lick precincts. 
The laAvful and legal Amtes, so far as can be ascertained, should be 
as folloAvs; 


Votes in person. 

Doughton. 

31,33S 
24 

Campbell. 

31,655 

254 

Unlawfully deprived. 

Total. 

31,362 

31,909 

547 

Campbell’s maioritv. 














CONTESTED ELECTION CASE OF CAMPBELL 'V. DOUGHTON. 


9 


ABSENTEE VOTERS. 

It is apparent froni the following list of absentee votes cast and 
counted in the counties of Rowan, Iredell, Stanly, x4she, and Caldwell, 
that fraud must have been perpetrated against contestant Campbell 
in the preparation and casting of the votes. The number of these 
votes was ob^ined chiefly from Democratic, hostile witnesses, 
and the following is approximately the correct list: 



Demo¬ 

cratic. 

Repub¬ 

lican. 


Demo¬ 

cratic. 

Repub¬ 

lican. 

! 

Rowan County: 



Stanly County: 



China Grove. 

27 

9 

Center...... 

4 


Spencer. 

70 

10 

Radi 11 

8 


Gold Hill. 

13 

3 

Albemarle— 


Mount Ulla. 

10 


Nn. I 

55 

20 

3 

Salisbury— 



No. 2..*!. 

27 

West ward. 

110 

f, 




South w^ard. 

4.) 

5 

Total 

94 

23 

North ward.. 

95 





East ward. 

100 

/ 

Ashe (’ountv: 



Morgan No. 1. 

13 


Grassj' Creek. 

17 

3 

Hileg’s Mill. 

20 


Chestnut Hill 

27 

1 

Cleveland. 

I 

\ 1 

Clifton. 

15 



!\ 12 

1 

Horse Creek. 

31 

5 




Waliiuf H ill 

20 


Total. 

51.S 

40 

.fpffprsnri 

53 

3 




\V P<cf ]p 

13 

2 

Iredell County: 



»T Cou ticm ijMiij.... ............ 

Pine Swamp. 

10 

4 

Chamhrrshnrg 


1 




Statesville— 



Total. 

186 

30 

Warrl Nn 1 

50 





Ward No. 2. 

23 


Caldwell County: 



Ward No. 3. 

/ 148 

1 12 ! 

Little River. 

1 10 

1 2 


\ 2(X) 



1 (S) 


Ward No. 4. 

101 

2 

North Catawba. 

9 

1 

Fallstown. . 

8 

3 

North Lenoir. 

54 

6 

Barringer. 

12 

1 i 

South Lenoir. 

61 1 

10 

Coddle Creek- 



Hudson. 

12 


No. 1 . 

32 


M ulberrv. 

4 

1 

No. 2 . 

23 

3 

Gamewell. 

18 

6 

Cool Springs. 

20 

6 

Patter.son. 

11 

4 

Shi In 

10 


.Johns River. 

9 

3 

Rptha.ny . ... 

2 


Globe. 

3 


Olin .1 

3 

1 

Kings Creek. 

9 

1 

New Hope .' 

3 

1 

Lower Creek. 

75 

25 

U'.fl crl<^ \1 i 1]<2 

9 

2 




Tnrnprshiirg 

20 

4 

Total. 

275 

61 

Sharpsburg. 

18 

2 

Grand total absentee votes, 



Cnnrni’H 

24 

4 : 

five counties. 

1,596 

201 

Union Grove.} 

6 

5 




Total. 

523 

47 





METHOD OF VOTING IN PERSON. 

The Australian ballot system of voting is not used in the eighth 
congressional district of North Carolina. The ballots may be printed 
or written on white paper. The presidential. State, congressional, 
and local nominees, respectively, are each on separate ballots. These 
ballots are placed on tables either outside or inside the voting place. 
Usually the Republican ballots are placed upon one table and the 
Democratic ballots upon the other. The elector, after selecting his 
ballots, proceeds to the election official. If he is found to be regis¬ 
tered, he either hands his ballots to the officials or puts them m the 
ballot box himself. The State board of elections consists of five 
members, not more than three of whom (always Democrats) shall be 
of the same political partv, and are appointed by the governor (who 
is always a Democrat). The State board appoints the county board 










































































































10 CONTESTED ELECTION CASE. OF CAMPBELL V. DOUGHTON. 

of elections of three persons for a term of two years. Not more than 
two members (always Democrats) shall he of the same political party. 
The county board appoints two judges of election, one of each political 
party. It also appoints a registrar for each township, ward, or pre¬ 
cinct, always a Democrat, and he is the important official of the 
election because he has under his control the registration of any new 
voters that might come into the voting precinct. It is his duty also 
to bring forward every two years from the old registration books all 
the voters whose names appear thereon, and who have not been 
stricken from the lists. ^“Once registered—always registered.” The 
Democrats have complete control of the election machinery of North 
Carolina. 

ABSENT ELECTOR LAAV. 

The law provides that if an elector is absent from the county in 
which he is entitled to rote, or if he is physically unable to attend the 
polls for the purpose of voting in person, which latter fact shall be 
made to appear by the certificate of physician or by affidavit, then he 
may be allowed to register and Amte by absentee certificate or ballot. 
The absent elector laAA’ of North Carolina Avas first passed by the 1917 
session of the general assembly. The first form of certificate pro¬ 
vided for (knoAAm as Form A herein) the absent elector appears on 
page 79 of the Session Laws, and is as follows: 

FORM A. 

-, State, 

-, post office;-, date. 

To the registrar and judges of election - precinct: 

I,-, do hereby certify that I am a duly qualified elector in-precinct, 

-County, N. C., and I inclose herewith ballot or ballots which I wish to vote in 

the election to be held-, 19—, 

Witness:-. 

The law relating to this method of voting is found in sections 4 and 
5 of the act, on the same page, and is as folloAvs: 

Sec. 4. It shall be the duty of the chairman of the county board of elections to mail 
to any voter absent from the county, on application for same, as soon as received from 
the State board of elections, one of each form of ballot applied for to be voted in such 
election, one blank certificate, and one return envelope. 

Sec. 5. It shall be the duty of the registrar in each precinct to open at three p. m. 
on the day of election all such letters received from such absent voters. The right 
to vote of any such absent voter shall be subject to challenge in the same manner as if 
the elector proposing to vote were present in person, and if found entitled to vote un¬ 
der the provisions of this act and the laws of the'State, every such vote so received 
shall be deposited and counted in the same manner as if the Voter had been present 
and cast his vote in person. 

In 1919 the absent elector hiAv Avas amended so as to provide in 
section 2 of the act for a second form of certificate Avhereby an ab¬ 
sent elector may vote a straight party ticket without obtaining or 
mailing back the necessary ballots, the judges of the election upon re¬ 
ceipt of such straight certificate casting the called-for ballots on be¬ 
half of the absent elector. This form of certificate is found on page 
537 of the 1919 session of the general assembly, and is as follows: 












CONTESTED ELECTION CASE OF CAMPBELL V. DOUGHTON. 11 


FORM B, 

-state, 

rr 41 . • - Date. 

lo the registrars and judges of election of - precinct: 

I hereby cast my vote for each nominee of the-Party to be voted for at the 

election to be held on-(give date of election). 

Witness:-. 


Prior to the 1919 amendment to the absentee electoral law there 
was no provision for the preservation of any of the ab.sent-elector 
certificates or ballots, but in this same chapter 322 of the 1919 
assembly the law was amended by providing that certain certificates 
and ballots should be “kept for six months’’ after the election, viz: 

I. Ballots signed by absentee voter for identification purposes. 

II. Certificates (Form B) provided by section 2 of the 1919 law calling for a straight 
party ticket. 

Either form of certificate may be used by a person physically 
unable to attend the polls, but in either case there must accompany 
the certificate so voted a certificate of a physician or an affidavit 
showing the person’s physical inability to attend the polls. 

The absentee either votes a certificate (Form B) calling for a 
straight party vote or by ballots sent him with Form A, and mails 
or sends same to the Democratic registrar of the precinct in which 
he desires the vote counted. 

Many methods were used to conceal the identity of the person 
seeking to vote by absentee law. Both forms of certificates require 
such person to insert his present post-office address. Instead of that 
there was inserted in this particular blank the precinct or township 
where the vote was to be cast. As soon as the votes were counted 
these absentee certificates were destroyed or concealed, contrar}^ to 
section 4a of the laws of 1919 (amendment to 1917 law), specifically 
providing that the identified ballots and the certificates calling for a 
straight ticket are required to be returned in a sealed envelope by 
the registrar and poll holders with their certificates of the results of 
the election and kept for six months, or, in case of a contest in the 
court, until the results are finally determined. 

This section as passed by the 1919 session is as follows: 

In voting by the method prescribed in chapter twenty-three of the Public Laws of 
one thousand nine hundred and seventeen the voter may, at his election, sign or 
cause to be signed, his name upon the margin or.back of his ballot or ballots, for the 
purpose of identification. The ballot or ballots so voted, together with the accom¬ 
panying certificates, and also the certificates provided in section two of this act, in 
case"^ the voter ballots by that form, shall be returned in a sealed envelope by the 
registrar and poll-holders, with their certificates of the results of the election and kept 
for six months, or, in case of contest in the courts, until the results are finally deter¬ 
mined . 

A commission was appointed to consolidate the North Carolina 
laws, but the commission was specifically denied the authority to 
change any of the existing laws. Section 4a, above quoted, re- 
quirino- that all certificates of absentees should be preserved for 
six moliths, because a law on March 11, and on the day previous the 
legislature specifically provided in part that the commissioners should 
complete and perfect the consolidated statutes and “they are hereby 
authorized to change the number of sections, transfer sections, chap¬ 
ters, and subdivisions of chapters, and make such other corrections 
which do not change the law as may be deemed expedient. ” 












12 CONTESTED ELECTION CASE OF CAMPBELL V. DOUGHTON. 


Section 5966 of the Consolidated Statutes was written to carry into 
effect section 4a of the act of 1919, and to properly construe the mean¬ 
ing of the Consolidated Statute it is necessary to carry into it the 
intent of the legislature when it passed section 4a. Section 5966 of 
the Consolidated Statutes is as follows: 

Absent voter may sign name on ballot; ballots and certificates to be kept. In 
voting by the method prescribed in this article the voter may, at his election, sign, 
or (ause to be signed, his name upon the margin or back of his ballot or ballots, tor 
the purpose of identification. The ballot or ballots so voted, together with the accom¬ 
panying certific ates, shall be returned in a sealed envelope by the registrar and poll- 
holders, with their certific ates of the results of the elec tion, and kept for six months, 
or, in the case of contest in the courts, until the results are finally determined. 

The Consolidated Statutes went into full force and effect from and 
after August 1, 1920. The election in question occurred that fall. 
The law concerning the Consolidated Statutes appears in chapter 135, 
section 8100 and following. Section 8101 deals with ‘‘Effect as to 
repealing other statutes,’’ and is as follows: 

All public and general statutes not contained in the Consolidated Statutes are hereby 
repealed, with the exceptions and limitations hereinafter mentioned. No statute or 
law whic'h has been hcu'etofore repealed shall be revived by the repeal contained in 
any of the sections of the Consolidated Statutes. All public and general statutes 
passed at the present session of the general assembly shall be deemed to repeal any 
conflic ting provisions contained in the Consolidated Statutes. 

It should he noted that public and general statutes are repealed 
only when they conflict with the provisions of the Consolidated 
Statutes. There is no conflict between paragraph 4a requiring the 
preservation of the certificates and identified ballots for six months 
and section 5966 herein cited, formerly section 4a. 

The courts have never passed upon the question as to whether or 
not it is legal to destroy the absentee certificates prior to the six 
months’ period of time. There is no law authorizing the destruction 
of the general election ballots. No matter how a court should con¬ 
strue this provision, the record clearly shows that the destruction 
of the certificates was a part of the conspiracy whereby many illegal 
votes were cast. Prior to the election the Democrats received the 
application of absent electors for certificates or ballots. No public 
record was kept of the name and residence of these applicants, and 
no knowledge was obtained by the Republicans as to who applied 
to vote under the absent-elector law. The first information the Re¬ 
publicans obtained as to the identity of those who desired to vote by 
absentee was at 3 o’clock on the day of election when the Democratic- 
registrar produced for the first time the envelopes containing the 
absent electors’ certificate or certificate and ballots, as the case 
might be, depending upon the method the elector desired to use in 
voting. The envelopes were opened at 3 o’clock and if Form B was 
used, ballots representing the desire of the elector were picked up 
from the table and put in the ballot box, and the Democratic regis¬ 
trar retained the envelope and certificate. If Form A was used, the 
ballots were taken from the envelope and put in the ballot box. In 
either case. Republicans had no opportunity of obtaining information 
whereby the casting of these ballots might be challenged. Directly 
after the ballots were counted, they, together with the certificates, 
were destroyed or secreted. The absentee electoral vote was the 
means of casting 1,596 Democratic votes for Contestee Doughton, 
while but 201 absentee votes were cast for Contestant Campbell. 


CONTESTED ELECTION CASE OF CAMPBELL V. DOUQHTON. 13 


The record shows that absentee ballots were cast on behalf of Con- 
testee Doiighton in part as follows: In the name of the dead; the 
insane; without the knowledge or consent of those who did not vote; 
a second absentee ballot without knowledge or consent of those who 
had already voted; for and by many nonresidents of the State; for 
and by many who had not paid their poll tax, as required by law; on 
forged certificates. 

By destroying or secreting the absentee certificates and marked 
ballots it was impossible for contestant Campbell to obtain or to 
trace and discover the identity and eligibility of the absentee voter 
in every case; that is, from the certificate itself. Contestant, how¬ 
ever, by means of witnesses, introduced evidence showing that votes 
were cast as above outlined. 

To be a qualified elector in North Carolina section 5937 in part 
provides: 

The residence of a married man shall be where his family resides, and that of a 
single man where he sleeps. 

Notwithstanding this provision of the law, evidence was intro¬ 
duced by contestant showing that many absentee ballots were cast 
in the name of actual nonresidents of the voting precincts and even 
the State; such absentees were living in Ohio, Illinois, Kentucky, 
Georgia, California, and many other States of the Union, sometimes 
for lb or 12 years. 

A vote was cast for a man confined in the State institution for 
the insane at Morgantown, on the western branch of the Southern 
Railroad, whereas the envelope containing the certificate was mailed 
at Winston-Salem, many miles from the hospital and not on the 
same railroad that ran through Morgantown, in which it was located. 

Because the identity of the absentees was concealed by reason of 
the destruction of the certificates after the election and because of 
the operation of the law before election it was impossible for con¬ 
testant to trace all absentee votes and show their illegality. How¬ 
ever, it has been held by the House that—- 

’ Conspiracies and fraud are frequently not susceptible of direct or positive proof. 
They usually are connived at and concocted in secret. They may be es^tablished 
by evidence of facts and surrounding circumstances, which, properly linked together 
agreeably to rules of law, exclude the presumption of innocent conduct and point 
logically and convincingly to the fact and satisfy both the mind and conscience 
tliat the conspiracy was formed or the fraud was committed. 

This and other authorities are cited in the case of Gill v. Dyer, 
Twelfth ^rissouri Decisions in the Sixty-third Congress. 


DELAY DEPRIVING REPUBLICANS FROM VOTING. 

In StanlvCounty, Fur and Big Lick precincts are heavy Republican. 
The Democrats so conducted the election in these two precincts that 
manv Republicans were deprived of casting their vote for contestanL 
In Fur precinct the polls were opened so that voting began about 
8 o’clock, when the law requires the opening of the polls at sun-up—a 

delav of at least an hour and a half. i i i ,i , 

In Yates v. Martin, Forty-sixth Congress, it was held that— 

Where the polls were not open for three hours after the time required by law the 
committee hekl that the burden of proof was on the party who sought to uphold the 
election to show that the result was not affected. 






14 CONTESTED ELECTION CASE OF CAMPBELL V, DOUGFITON. 

In both of these precincts Democrats were given preference in 
being permitted to vote, so that when the polls were closed those 
without and not being permitted to vote numbered 254 Republicans 
and 24 Democrats, or a ratio of 10 to 1, while the record shows that 
the vote cast in these precincts ran 3 Republicans to 1 Democrat. 

The vote in these precincts does not compare in number to the vote 
in some of the heavy Democratic precincts. It ran as high as 1,600. 
The record is filled with many other cases of illegality and fraud, but 
it is not necessary to go into them in this report. Not only the 
rights of contestee and contestant are at issue here, but the rights of 
the people of the district and of the State, and of the people of the 
United States are involved. The undersigned respectfull}^ contends 
that it is impossible to separate the legal from the illegal absentee 
ballots, and therefore all absentee ballots must be thrown out and 
deducted so that the final vote in this case should be as follows: 



Campbell. 

Doughton. 

Cast in person. ^. 

31,655 
254 

31,3.38 

24 

Unlawfully deprived of voting... 

Total.! 

Campbell’s lawful majority. 

31,909 

547 

31,362 




I therefore recommend to the House that James I. Campbell was 
elected as Representative from the eighth congressional district of 
North Carolina, and is entitled to a seat herein; and that Robert L. 
Doughton is not duly elected as Representative in this Congress 
from the eighth congressional district of North Carolina, and is not 
entitled to retain his seat herein.’^ 

John L. Cable. 


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